City Commission Agenda Packet October 7, 2013

Transcription

City Commission Agenda Packet October 7, 2013
City Commission Agenda Packet October 7, 2013
CITY OF ATCHISON
______________________________________________________________
MEETING OF THE CITY COMMISSION
AGENDA - REGULAR MEETING
OCTOBER 7, 2013, 4:30 P.M.
COMMISSION CHAMBERS
ATCHISON CITY HALL
ORDER OF BUSINESS
CALL MEETING TO ORDER
INVOCATION
Cindy Whitmer, All Faith Counseling Center Staff.
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
PUBLIC FORUM
_________________________________________________________________________
OLD BUSINESS
1) ORDINANCE NO 6459, INTERLOCAL AGREEMENT FOR SALES TAX AND
JOINT COMMUNICATIONS
Presented by: Jeff Schuele, Atchison County Commission Chairman.
RECOMMENDED ACTION: Adopt Ordinance No. 6459.
NEW BUSINESS
1) APPOINTMENT TO THE ELECTRICAL BOARD
Presented by: Mayor Dave Butler.
RECOMMENDED ACTION: Appoint Joe Perkins to serve an additional term on the
Electrical Board to expire on July 31, 2013.
2) APPOINTMENT TO THE ATCHISON HOUSING AUTHORITY BOARD
Presented by: Mayor Dave Butler.
RECOMMENDED ACTION: Appoint Stefanie Leif to serve an unexpired term on the
Housing Authority Board to expire on July 31, 2015.
3) ORDINANCE NO 6443, SEWER USE
Presented by: Mike Mathews, Utilities Director.
RECOMMENDED ACTION: Adopt Ordinance No. 6443.
4) RESOLUTION NO 2921, ADOPTING THE PURCHASING CARD POLICIES &
PROCEDURES MANUAL
Presented by: Becky Anderson, Finance Director/Asst. City Manager.
RECOMMENDED ACTION: Adopt Resolution No. 2921.
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City Commission Agenda Packet October 7, 2013
5) RESOLUTION NO 2920, RECOGNITION FOR EMPLOYEE CONTRIBUTIONS TO
THE UNITED WAY
Presented by: Trey Cocking, City Manager.
RECOMMENDED ACTION: Adopt Resolution No. 2920.
COMMUNICATIONS
Presented by Trey Cocking, City Manager.
a.
b.
c.
d.
KLINK Resurfacing Change Order 2013.
Community Development Office Nuisance Notices and Weed Notices.
Kansas Gas Service Organizational Announcement.
Kansas Department of Health & Environment, required Cryptosporidium
Treatment procedures.
RECOMMENDED ACTION: Receive and file communications.
CONSENT AGENDA
Presented by Trey Cocking, City Manager.
a. Approve the minutes from the Atchison City Commission meeting of September
16, 2013.
b. Community Development Office 50/50 Cost Share agreement for 723 R Street,
Robert & Rita Hunter.
c. Approve the Occupational Licenses upon completion of inspection requirements
for:
1.
Hundley Liquor, 119 South 9th, Mike Hundley.
2.
Ruby’s Landing, 102 Atchison, Todd Handke.
RECOMMENDED ACTION: Approve consent agenda as presented.
INFORMATIONAL ITEMS
1.
UPDATE ON 4TH & MAIN STOP SIGNS
GOVERNING BODY COMMENTS
Mayor Dave Butler
Vice Mayor Allen Reavis
Commissioner Larry Purcell
Commissioner Rita Hartman
Commissioner Jack Bower
PUBLIC FORUM
EXECUTIVE SESSION
ADJOURNMENT
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City Commission Agenda Packet October 7, 2013
Commission Action Report Title: Ordinance No. 6459: Inter‐local Agreement for Sales Tax and Joint Communications Proposed Agenda Date: October 7, 2013 Presented by: Jeff Schuele, Atchison County Commission Chairman BACKGROUND:  In 2004, the City of Atchison adopted Ordinance No. 6186, dedicating $355,000 to the County to provide for Joint Communications and Solid Waste. The payment to the County was increased to $382,000 in 2010, and then to $406,000 in 2011. This year, the City of Atchison passed Resolution No. 2887, dedicating $412,090 to fund joint communications and solid waste in 2014.  The Atchison County Solid Waste Committee recommended that Atchison County discontinue the solid waste fee and instead utilize a tipping fee to supplement the sales tax funding.  The proposed agreement provides funding for Solid Waste and Joint Communications for a one year period, through the use of a tipping fee as well as dedicated revenue from the County and each city within the County. The agreement prohibits the County from charging a solid waste fee.  The agreement also provides that the County shall not charge the City of Atchison a tipping fee for disposal of construction and demolition waste, provided it is generated by the demolition of a dilapidated structure pursuant to the City’s demolition program.  The City of Atchison, as a commercial hauler, would pay approximately $109,000 in tipping fees in 2014, or $2.75 per customer per month. This is in addition to the $412,090 already pledged to the County.  UPDATED INFORMATION: o After the last City Commission Meeting, a number of questions arose regarding the proposed agreement. Last week, the Mayor, Commissioner Bower, and members of city staff met with the Chairman and Vice‐Chairman of the solid waste committee, and Atchison County Commission Chair Jeff Schuele and County Staff to discuss the agreementĂŶĚŵĂĚĞƚŚĞĨŽůůŽǁŝŶŐƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ. o To reduce the County’s Solid Waste Capital Outlay budget from $50,000 to $25,000, it was recommended that the Atchison County Lake roll off be closed ($15,000 savings), and the County take other measures to create an additional $28,000 in operational savings. 3
City Commission Agenda Packet October 7, 2013
o The group also recommended the County create a Governmental Tipping Fee of $12.50 per ton, and capping it at 4% of the sales tax dollars received. The net effect would be an additional cost of $.88 per City customer per month, or the City could choose absorb the cost of the tipping fee. o On Tuesday, the Atchison County Commission met and approved the changes to the inter‐local agreement. FINANCIAL CONSIDERATIONS:  The agreement will result in an increase to City resident’s utility bills of approximately $.088 per month or the City can absorb the $35,000 to $40,000 increase. LEGAL CONSIDERATIONS:  This agreement was developed by Atchison County, and has been reviewed by the City Attorney. POLICY CONSIDERATION:  This agreement would resolve a long‐standing policy dispute with Atchison County and create a tipping fee. RECOMMENDED ACTION:  Adopt Ordinance 6459. 4
City Commission Agenda Packet October 7, 2013
(First Published in the Atchison Daily Globe
, _____)
INTERLOCAL COOPERATION AGREEMENT
RELATING TO FINANCING COUNTYWIDE
SOLID WASTE OPERATIONS AND JOINT COMMUNICATIONS OPERATIONS
WITH REVENUES DERIVED FROM COUNTYWIDE RETAILERS' SALES TAX
ATCHISON COUNTY RESOLUTION NO. 2013-___
CITY OF ATCHISON ORDINANCE NO. 6459
CITY OF EFFINGHAM ORDINANCE NO. ___
CITY OF HURON ORDINANCE NO. ___
CITY OF LANCASTER ORDINANCE NO. ___
CITY OF MUSCOTAH ORDINANCE NO. ___
This Agreement made and entered into by and between the Board of County
Commissioners of Atchison County, Kansas, herein called COUNTY, and the following
Cities, all of which are located in Atchison County, Kansas, to wit: City of Atchison, City
of Effingham, City of Huron, City of Lancaster and City of Muscotah, herein collectively
referred to herein as CITIES.
WITNESSETH:
WHEREAS, on August 3, 1993 the electors of COUNTY did approve the levy of a
one percent (1%) retailers' sales tax under the provisions of K.S.A. 12-187 et seq.; and
WHEREAS, said tax is collected by the Kansas Department of Revenue and
distributed as provided by law to COUNTY and the CITIES; and
WHEREAS, COUNTY and CITIES each agree that a portion of the revenue from
said tax should be devoted to the operation of COUNTY’s solid waste operations and
the operation of a Joint Communication Center; and
WHEREAS, COUNTY and CITIES each desire that the method of sharing of said
revenue should be determined so that all parties can make budget plans accordingly;
and
WHEREAS, COUNTY and CITIES each desire to enter into an agreement for a
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period of one complete budget year concerning the sharing of revenue generated by the
Countywide Retailers' Sales Tax.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1.
This agreement shall be effective upon approval by the governing body of
each of the municipalities named herein.
2.
CITIES shall each dedicate an amount equal to or exceeding forty-one
percent (41%) of their revenue from the Countywide Retailers' Sales Tax to COUNTY’s
solid waste and joint communications operations. COUNTY shall dedicate an amount
equal to or exceeding sixty-six and a half percent (66.5%) of their revenue from the
Countywide Retailers' Sales Tax to COUNTY’s solid waste and joint communications
operations. These amounts are calculated as follows:
Entity
City of Atchison
City of Effingham
2012 Use
Tax
173,047.30
2012 Sales
Tax
2012 Total
Retailer's
Tax
832,508.83 1,005,556.13
2014 Share 412,278.01
8,987.71
43,218.41
52,206.12
21,404.51
720.36
3,463.95
4,184.31
1,715.57
City of Lancaster
3,560.75
17,124.12
20,684.87
8,480.80
City of Muscotah
1,904.79
9,160.82
11,065.61
4,536.90
Atchison County
152,269.85
732,242.12
884,511.97
600,735.00
TOTAL
340,490.76 1,637,718.25 1,978,209.01 1,049,150.79
City of Huron
3.
Each of the CITIES shall pay its share in at least equal monthly
installments during 2014.
4.
COUNTY shall deposit all funds received from CITIES, along with
COUNTY’s required share, into a separate accounting fund. Said funds shall be used
only for COUNTY’s solid waste operations and joint communications operations. Any
funds remaining at the end of the year shall be transferred to a Capital Improvement
Fund for either solid waste or joint communications.
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5.
During the term of this agreement, COUNTY shall not assess or collect a
solid waste fee under Article 34 of Chapter 65 of Kansas Statutes Annotated. COUNTY
shall repeal Resolution No. 2013-1366 within 30 days after the effective date of this
agreement.
6.
Nothing contained herein shall prohibit COUNTY from assessing a uniform
“tipping fee” for handling municipal solid waste. Each COUNTY, CITY and hauler of
trash shall be obligated to comply with any uniform tipping fee imposed by the COUNTY.
Said tipping fee shall not exceed $35.00 per ton for commercial haulers of solid waste.
Said tipping fee shall not exceed $12.50 per ton for any CITY service hauling municipal
solid waste, and shall not exceed four percent (4%) of each CITY’s revenue from the
Countywide Retailers' Sales Tax.
7.
COUNTY shall not charge any CITY that is a party to this agreement a
tipping fee for disposition of Construction and Demolition waste, provided such waste
was generated by the demolition of a dilapidated structure by the CITY under the CITY’s
police powers.
8.
This Agreement shall expire December 31, 2014. The parties agree to
undertake review of the agreement commencing on January 1, 2014 to determine
continuation of operations and participation in a new Agreement. This Agreement may
not be terminated early by any party without the express approval of all other parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in seven (7) counterparts by their officers duly authorized as of the day and
date.
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City Commission Agenda Packet October 7, 2013
APPROVAL BY ATCHISON COUNTY
ADOPTED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS
of Atchison County, Kansas, this ____ day of October, 2013.
By: _________________________________
Jeffery D. Schuele, Chairman
ATTEST:
_________________________________
Pauline M. Lee, Atchison County Clerk
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City Commission Agenda Packet October 7, 2013
APPROVAL BY THE CITY OF ATCHISON
ADOPTED AND APPROVED by the Governing Body of the City of Atchison,
Kansas this 16th day of October, 2013.
_______________________________
David Butler, Mayor
ATTEST:
_______________________________
Debra Clem, City Clerk
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APPROVAL BY THE CITY OF EFFINGHAM
ADOPTED AND APPROVED by the Governing Body of the City of Effingham,
Kansas this 2nd day of October, 2013.
_______________________________
James Potts, Mayor
ATTEST:
_______________________________
Pat Strine, City Clerk
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APPROVAL BY THE CITY OF HURON
ADOPTED AND APPROVED by the Governing Body of the City of Huron,
Kansas this ___ day of October, 2013.
_______________________________
Jaquetta Peak, Mayor
ATTEST:
_______________________________
Paula Clem, City Clerk
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City Commission Agenda Packet October 7, 2013
APPROVAL BY THE CITY OF LANCASTER
ADOPTED AND APPROVED by the Governing Body of the City of Lancaster,
Kansas this ___ day of October, 2013.
_______________________________
Tim Callahan, Mayor
ATTEST:
_______________________________
Barbara Piper, City Clerk
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APPROVAL BY THE CITY OF MUSCOTAH
ADOPTED AND APPROVED by the Governing Body of the City of Muscotah,
Kansas this ___ day of October, 2013.
_______________________________
Lester L. Tacker, Mayor
ATTEST:
_______________________________
City Clerk
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City Commission Agenda Packet October 7, 2013
Deb Clem
From:
Sent:
To:
Cc:
Subject:
Kathy Soph
Wednesday, September 18, 2013 9:53AM
Deb Clem
Malcolm Grier
FW: Electrical Board
From: Joe Perkins [mailto:[email protected]]
Sent: Wednesday, September 18, 2013 9:53AM
To: Kathy Soph
Subject: Electrical Board
Kathy
I do want to continue to be considered for the electrical board i did not realize that my term had expired thanks for letting
me Know
Joe Perkins
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City Commission Agenda Packet October 7, 2013
Deb Clem
From:
Sent:
To:
Subject:
Stefanie M. Leif
Wednesday, October 02, 2013 8:54 AM
Deb Clem
Atchison Housing Authority Board
Ms. Clem: I am interested in serving on the Atchison Housing Authority Board. As the Community Development Director for the City of Atchison, my department has a vested interest in ensuring that safe, affordable, and quality housing is maintained and developed for the citizens of our community. I would look forward to the opportunity to work with the Housing Authority to further its mission to create these quality places in the Northeast Kansas region. I have been in my position with the City of Atchison for nearly 3 years. Prior to my relocation to Kansas, I worked in land use planning at the city and county levels for nearly 9 years in Idaho and at the regional level for 1.5 years in Vermont. I hold a Bachelor of Arts (BA) degree in Environmental Studies and Sociology and a Master of Public Administration (MPA) degree. Please let me know if you need any additional information. Sincerely, Stefanie Leif, AICP Community Development Director City of Atchison, Kansas 515 Kansas Avenue Atchison, KS 66002 913.367.5560 (office) 913.367.5524 (direct) www.growatchison.com www.cityofatchison.com 1
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City Commission Agenda Packet October 7, 2013
Commission Action Report Title: Ordinance No. 6443, Sewer Use Proposed Agenda Date: October 7, 2013 Presented by: Mike Mathews, Utilities Director BACKGROUND: 
Staff was notified earlier this year that KDHE is requiring all State Revolving Fund (SRF) loan recipients to adopt a sewer use ordinance modeled after EPA recommendations. The intention is to provide uniformity and standardization to the codes of all Kansas cities.  The EPA model ordinance was reviewed by staff and revised to address Atchison’s combined sewer system. The Plumbing Board reviewed the document and recommends approval of the ordinance as presented.  Proposed changes to the sewer use ordinance are as follows: o Section 33‐31: Includes additional definitions not present in existing city code. o Section 33‐46: Declares it unlawful to discharge waste streams to anywhere other than the City’s treatment system and requires that buildings or properties have suitable toilet facilities connected to a wastewater treatment system. o Section 33‐47: Contains more detail as to what is considered “tampering with the system”, and includes penalties for unlawful connection/reconnection to the City’s sewer system. o Section 33‐52: Prohibits certain discharges to the sewer system that are not in the current code, revises acceptable pH discharge levels to protect the safety of system workers and the integrity of the sewer system piping, and adds requirements for industrial discharges that align with an active Industrial Pretreatment Program, which the City does not currently have. o Section 33‐57: Adds requirements to the use of septic systems and their abandonment. o Section 33‐58: Describes the procedure for connecting to the existing sewer system and defines the permit fees for making such connections. o Section 33‐59: Further explains permit requirements. o Section 33‐67: Addresses the City’s right to enter onto private property, which is not included in the current code. o Section 10: Adds a penalty clause for violation of the ordinance. FINANCIAL CONSIDERATIONS: 
Failure to adopt the proposed ordinance jeopardizes the City’s eligibility to receive KDHE SRF loans. LEGAL CONSIDERATIONS: 
Adoption of this ordinance was a requirement of the City’s acceptance of the SRF loan for the new force main and North Headworks project; however, through an oversight KDHE did not notify the City 16
City Commission Agenda Packet October 7, 2013
at the time the loan was issued. This ordinance will bring the City in conformance with KDHE’s loan requirements and has been reviewed by the City Attorney. POLICY CONSIDERATION: 
This ordinance reflects EPA requirements and recommendations and ensures the City’s sewer use codes conform to the standards of cities across Kansas. RECOMMENDED ACTION: 
Adopt Ordinance No. 6443. 17
City Commission Agenda Packet October 7, 2013
(Published in the Atchison Globe on ________________________, 2013)
ORDINANCE NO. 6443
AN ORDINANCE AMENDING SECTION 33-31(b) DEFINITIONS OF ARTICLE II,
RATES AND CHARGES; AND, ESTABLISHING SECTION 33-46 TO ARTICLE III,
SEWERS, DIVISION 1.-GENERALLY; AMENDING SECTIONS 33-47 AND 33-52 OF
ARTICLE III, SEWERS, DIVISION 1.- GENERALLY; AND, AMENDING SECTIONS
33-57, 33-58, 33-59 AND 33-60 OF ARTICLE III, SEWERS, DIVISION 2.CONNECTIONS; AND, ESTABLISHING SECTION 33-67 TO ARTICLE III,
SEWERS, DIVISION 2.- CONNECTIONS, OF CHAPTER 33-UTILTIES OF THE
CODE OF ORDINANCES OF THE CITY OF ATCHISON, KANSAS THEREBY
REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS,
PRIVATE SEWAGE DISPOSAL, THE INSTALLATION AND CONNECTION OF
BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO
THE PUBLIC SEWER SYSTEM(S) AND, PROVIDING PENALTIES FOR
VIOLATIONS THEREOF IN THE CITY OF ATCHISON, KANSAS
_______________________________________________________________________
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ATCHSION,
KANSAS:
SECTION 1: Sec. 33-31(b) Definitions of ARTICLE II – RATES AND CHARGES of
Chapter 33-Utilities is hereby amended to read as follows:
Sec. 33-31. – Sewer rates; billing procedures; revenue management.
(b)
Definitions. Unless the context specifically indicates otherwise, the meaning of terms used
in this section shall be as follows:
(1)
"BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory procedure in five
(5) days at 20°C, expressed in milligrams per liter.
(2)
"Building Drain" shall mean that part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage pipes inside the walls of
the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside
the inner face of the building wall.
(3)
"Building Sewer" shall mean the extension from the building drain to the public sewer or
other place of disposal.
(4)
“Building Official shall mean the officer and/or his authorized deputy, agent, or
representative charged with the administration and enforcement of the building code
standards of the city.
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(5)
"Combined Sewer" shall mean a sewer receiving both surface runoff and sewage.
(6)
"City" shall mean properties within the city limits and those located in the
extra-jurisdictional territory as determined in State of Kansas law.
(7)
"Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking
and dispensing of food, and from the handling, storage and sale of produce.
(8)
"Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes,
trade, or business as distinct from sanitary sewage.
(9)
"Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake, or other body of
surface or groundwater.
(10) “Normal domestic wastewater” shall mean wastewater that has a BOD concentration of not
more than 2.00 pounds/1,000 gallons/day and a (TSS) suspended solids concentration of not
more than 2.00 pounds/1,000 gallons/day.
(11) “Operation and maintenance” shall mean all expenditures during the useful life of the
treatment works for materials, labor, utilities and other items which are necessary for
managing and maintaining the sewage works to achieve capacity and performance for which
such works were designed and constructed.
(12) "Person" shall mean any individual, firm, company, association, society, corporation, or
group.
(13) "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per
liter of solution.
(14) "Properly Shredded Garbage" shall mean the wastes from the preparation, cooking, and
dispensing of food that have been shredded to such a degree that all particles will be carried
freely under the flow conditions normally prevailing in public sewers, with no particle,
greater than one-half (½) inch (1.27 centimeters) in any dimension.
(15) "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal
rights, and is controlled by public authority.
(16) “Replacement” shall mean expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the useful life of the treatment works to
maintain the capacity and performance for which such worked were designed and
constructed. The term “operation and maintenance” includes replacement.
(17) “Residential contributor” shall mean any contributor to the city’s treatment works whose lot,
parcel of real estate or building is used for domestic dwelling purposes only.
(18) "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface, and
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ground waters are not intentionally admitted.
(19) "Sewage" shall mean a combination of the water-carried wastes from residents, business
buildings, institutions, and industrial establishments, together with such ground, surface, and
stormwaters as may be present.
(20) "Sewage Treatment Plant" shall mean any arrangement of devices and structures used for
treating sewage.
(21) "Sewage Works" shall mean all facilities for collecting, pumping, treating and disposing of
sewage.
(22) "Sewer" shall mean a pipe or conduit for carrying sewage.
(23) "Shall" is mandatory; "May" is permissive.
(24) "Slug" shall mean any discharge of water, sewage, or industrial waste which in concentration
of any given constituent or in quantity of flow exceeds for any period of duration longer than
fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration
or flows during normal operation.
(25) "Storm Drain" (sometimes termed "storm sewer") shall mean a sewer which carries storm
and surface waters and drainage, but excludes sewage and industrial wastes, other than
unpolluted cooling water.
(26) "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension
in water, sewage, or other liquids, and which are removable by laboratory filtering.
(27) “Treatment Works” shall mean any devices and systems for the storage, treatment, recycling
and reclamation of municipal sewage, domestic sewage or liquid wastes. These include
intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping,
power and other equipment and their appurtenances; extensions, improvement, remodeling,
additions and alterations thereof, elements essential to provide a reliable recycled supply
such as standby treatment units and clear well facilities; and works, including site acquisition
of the land that will be an integral part of the treatment process or is used for ultimate
disposal of residues resulting from such treatment (including land for composting sludge,
temporary storage of such compost and land used for the storage of treated wastewater in
land treatment systems before land application); or any other method or system for
preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or
industrial waste, including waste in combined storm water and sanitary sewer systems.
(28) “Useful life” shall mean the estimated period during which a treatment works will be
operated.
(29) “User charge” shall mean that portion of the total wastewater service charge which is levied
in a proportional and adequate manner for the cost of operation, maintenance and
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replacement of the wastewater treatment works.
(30) "Utilities Director" shall mean the city position that supervises the Distribution and
Collection Systems operations and/or his authorized deputy, agent, or representative.
(31) "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or
intermittently.
(32) “Water meter” shall mean a water volume measuring and recording device, furnished and/or
installed by the Atchison City Water Works or furnished and/or installed by a user and
approved by the city.
SECTION 2. Sec. 33-46. – Disposal of Waste Material of ARTICLE III. – SEWERS,
DIVISION 1. – GENERALLY of Chapter 33-Utilities is hereby established as follows:
Sec. 33-46. – Disposal of waste material.
(a)
It shall be unlawful for any person to place, deposit, or permit to be deposited in any
unsanitary manner on public or private property within the City of Atchison, any human or
animal excrement, garbage, or other objectionable waste.
(b)
It shall be unlawful to discharge to any natural outlet within the City of Atchison, or in any
area under the jurisdiction of said city, any sewage or other polluted waters, except where
suitable treatment has been provided in accordance with subsequent provisions of this
ordinance.
(c)
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy
vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
(d)
The owner of all houses, buildings, or properties used for human employment, recreation, or
other purposes, situated within the city and abutting on any street, alley, or right-of-way in
which there is now located or may in the future be located a public sanitary or combined
sewer of the city, is hereby required at his expense to install suitable toilet facilities therein,
and to connect such facilities directly with the proper public sewer in accordance with the
provisions of this ordinance, within ninety (90) days after date of official notice to do so,
provided that said public sewer is within one hundred (100) feet or 30.5 meters of the
property line, or the affected lot is less than 15,000 square feet or 1,393.5 square meters.
SECTION 3. Sec. 33-47. - Tampering with system of ARTICLE III. - SEWERS,
DIVISION 1. – GENERALLY of Chapter 33-Utilities is hereby amended as follows:
Sec. 33-47. – Tampering with system.
(a) It shall be a misdemeanor for any person to maliciously, willfully, or negligently break,
damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or
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equipment which is part of the sewage works. Any person violating this provision may be
subject to immediate arrest under charge of criminal damage to property.
(b) It shall be a misdemeanor for any person to tamper with any sewer line constituting a part
of the city’s sewer system or to make any connection therewith without written permission
from the city, or to reconnect sewer service when it has been disconnected for nonpayment
of a bill for service, until such bill has been paid in full, including the amount of any charge
for delinquency and the disconnection and reconnection fees.
SECTION 4. Sec. 33-52. – Prohibited discharges of ARTICLE III. – SEWERS,
DIVISION 1. – GENERALLY of Chapter 33-Utilities is hereby amended as follows:
Sec. 33-52. – Prohibited discharges.
(1)
No person shall discharge or cause to be discharged any stormwater, surface water,
groundwater, roof runoff, subsurface drainage, including interior and exterior foundation
drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary
sewer.
(2)
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are
specifically designated as combined sewers or storm sewers, or to a natural outlet approved
by the Utilities Director. Industrial cooling water or unpolluted process waters may be
discharged on approval of the Utilities Director, to a storm sewer, combined sewer, or natural
outlet.
(3)
No person shall discharge or cause to be discharged any of the following described waters or
wastes to any public sewers:
(a)
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid,
solid or gas.
(b)
Any waters or wastes containing toxic or poisonous solids, liquids, or gases in
sufficient quantity, either singly or by interaction with other wastes, to injure or
interfere with any sewage treatment process, constitute a hazard to humans or
animals, create a public nuisance, or create any hazard in the receiving waters of
the sewage treatment plant, including but not limited to cyanides in excess of two
(2) mg/l as CN in the wastes as discharged to the public sewer.
(c)
Any waters or wastes having a pH lower than 5.5, or having any other corrosive
property capable of causing damage or hazard to structures, equipment, and
personnel of the sewage works.
(d)
Solid or viscous substances in quantities or of such size capable of causing
obstruction to the flow in sewers, or other interference with the proper operation of
the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole
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blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk
containers, etc., either whole or ground by garbage grinders.
(4)
No person shall discharge or cause to be discharged the following described substances,
materials, waters, or wastes if it appears likely in the opinion of the Utilities Director that
such wastes can harm either the sewers, sewage treatment process, or equipment, have an
adverse effect on the receiving stream, or can otherwise endanger life, limb, public property,
or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the
Utilities Director will give consideration to such factors as the quantities of subject wastes in
relation to flows and velocities in the sewers, materials of construction of the sewers, nature
of the sewage treatment process, capacity of the sewage treatment plant, degree of
treatability of wastes in the sewage treatment plant, and other pertinent factors. The
substances prohibited are:
(a)
Any liquid or vapor having a temperature higher than one hundred fifty (150)°F
(65°C).
(b)
Any water or wastes containing fats, wax, grease or oils, whether emulsified or
not, in excess of one hundred (100) mg/l or containing substances which may
solidify or become viscous at temperatures between thirty-two (32) and one
hundred fifty (150)°F (0 and 65°C).
(c)
Any garbage that has not been properly shredded. The installation and operation
of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower
(0.76 hp metric) or greater shall be subject to the review and approval of the
Utilities Director.
(d)
Any waters or wastes containing strong acid iron pickling wastes, or concentrated
plating solutions whether neutralized or not.
(e)
Any waters or wastes containing iron, chromium, copper, zinc and similar
objectionable or toxic substances; or wastes that interfere with the ultraviolet
disinfection of the treatment plant effluent, and to such degree that any such
material received in the composite sewage at the sewage treatment works exceeds
the limits that may be established by the Utilities Director for such materials.
(f)
Any waters or wastes containing phenols or other taste, or odor producing
substances, in such concentrations exceeding limits which may be established by
the Utilities Director as necessary, after treatment of the composite sewage, to
meet the requirements of State, Federal, or other public agencies of jurisdiction for
such discharge to the receiving waters.
(g)
Any radioactive wastes or isotopes of such half-life or concentration as may
exceed limits established by the Utilities Director in compliance with applicable
State and Federal regulations.
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City Commission Agenda Packet October 7, 2013
(h)
Any waters or wastes having a pH in excess of [9.5].
(i)
Materials which exert or cause:
(1) Unusual concentrations of inert suspended solids (such as, but not limited to,
Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as,
but not limited to, sodium chloride or sodium sulfate).
(2) Excessive discoloration (such as, but not limited to, dye wastes and vegetable
tanning solutions).
(3) Unusual BOD, chemical oxygen demand, or chlorine requirements in such
quantities as to constitute a significant load on the sewage treatment works.
(4) Unusual volume of flow or concentration of wastes constituting "slugs" as
defined herein.
(5)
(j)
Waters or wastes containing substances which are not amenable to treatment or
reduction by the sewage treatment processes employed, or are amenable to
treatment only to such degree that the sewage treatment plant effluent cannot meet
the requirements of other agencies having jurisdiction over discharge to the
receiving waters.
(k)
Any waters or wastes having (1) a 5-day BOD greater than 240 parts per million
by weight, or (2) containing more than 240 parts per million by weight of
suspended solids, or (3) having an average daily flow greater than 2 percent of the
average sewage flow of the city, shall be subject to the review of the Utilities
Director. Where necessary in the opinion of the Utilities Director, the owner
shall provided, at his expense, such preliminary treatment as may be necessary to
(1) reduce the biochemical oxygen demand to 240 parts per million by weight, or
(2) reduce the suspended solids to 240 parts per million by weight or (3) control
the quantities and rates of discharge of such waters or wastes. Plans,
specifications, and any other pertinent information relating to proposed
preliminary treatment facilities shall be submitted for the approval of the Utilities
Director and no construction of such facilities shall be commenced until said
approvals are obtained in writing.
If any waters or wastes are discharged, or are proposed to be discharged to the public sewers,
which waters contain the substances or possess the characteristics enumerated in Section 4 of
this Article, and which in the judgment of the Utilities Director, may have a deleterious effect
upon the sewage works, processes, equipment, or receiving waters, or which otherwise
create a hazard to life to constitute a public nuisance, the Utilities Director may:
(a)
Reject the wastes,
(b)
Require pretreatment to an acceptable condition for discharge to the public sewers,
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City Commission Agenda Packet October 7, 2013
(c)
Require control over the quantities and rates of discharge, and/or
(d)
Require payment to cover the added cost of handling and treating the wastes not
covered by existing taxes or sewer charges under the provisions of Section 10 of
the Article.
If the Utilities Director permits the pretreatment or equalization of waste flows, the design
and installation of the plants and equipment shall be subject to the review and approval of the
Utilities Director, and subject to the requirements of all applicable codes, ordinances and
laws.
(6)
Grease, oil, and sand interceptors shall be provided when, in the opinion of the Utilities
Director, they are necessary for the proper handling of liquid wastes containing grease in
excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that
such interceptors shall not be required for private living quarters or dwelling units. All
interceptors shall be of a type and capacity approved by the Utilities Director, and shall be
located as to be readily and easily accessible for cleaning and inspection.
(7)
Where preliminary treatment or flow-equalizing facilities are provided for any waters or
wastes, they shall be maintained continuously in satisfactory and effective operation by the
owner at his expense.
(8)
When required by the Utilities Director, the owner of any property serviced by a building
sewer carrying industrial wastes shall install a suitable control manhole together with such
necessary meters and other appurtenances in the building sewer to facilitate observation,
sampling, and measurement of the wastes. Such manhole, when required, shall be
accessible and safely located, and shall be constructed in accordance with plans approved by
the Utilities Director. The manhole shall be installed by the owner at his expense, and shall
be maintained by him so as to be safe and accessible at all times.
(9)
All measurements, tests, and analyses of the characteristics of waters and wastes to which
reference is made in this ordinance shall be determined in accordance with the latest edition
of "Standard Methods for the Examination of Water and Wastewater", published by the
American Public Health Association, and shall be determined at the control manhole
provided, or upon suitable samples taken at said control manhole. In the event that no
special manhole has been required, the control manhole shall be considered to be the nearest
downstream manhole in the public sewer to the point at which the building sewer is
connected. Sampling shall be carried out by customarily accepted methods to reflect the
effect of constituents upon the sewage works and to determine the existence of hazards to
life, limb, and property. (The particular analyses involved will determine whether a
twenty-four (24) hours composite of all outfalls of a premise is appropriate or whether a grab
sample or samples should be taken. Normally, but not always, BOD and suspended solids
analyses are obtained from 24-hour composites of all outfalls whereas pHs are determined
from periodic grab samples.)
(10) No statement contained in this article shall be construed as preventing any special agreement
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City Commission Agenda Packet October 7, 2013
or arrangement between the city and any industrial concern whereby an industrial waste of
unusual strength or character may be accepted by the city for treatment, subject to payment
therefore, by the industrial concern.
SECTION 5. Sec. 33-57. – Septic tanks when permitted of ARTICLE III. – SEWERS,
DIVISION 2. - CONNECTIONS of Chapter 33-Utilities is hereby amended as follows:
Sec. 33-57. - Septic tanks when permitted.
Where a public sanitary or combined sewer is not available under the provisions of Sec.
33-46, (d), any building having plumbing fixtures or any dwelling house and any trailer
occupied as living quarters within the city where shall be connected to a private sewage
disposal system for the purpose of disposal of human wastes and excreta complying with the
provisions of this section.
(a)
Before commencement of construction of a private sewage disposal system the owner shall
first obtain a written permit signed by the Building Official. The application for such permit
shall be made on a form furnished by the city, which the applicant shall supplement by any
plans, specifications, and other information as are deemed necessary by the Building
Official. A permit and inspection fee of Thirty-Five ($35.00) dollars shall be paid to the city
at the time the application is filed.
(a)
A permit for a private sewage disposal system shall not become effective until the
installation is completed to the satisfaction of the Building Official. He shall be allowed to
inspect the work at any stage of construction and, in any event, the applicant for the permit
shall notify the Building Official when the work is ready for final inspection, and before any
underground portions are covered. The inspection shall be made within 72 hours of the
receipt of notice by the Building Official.
(c)
The type, capacities, location, and layout of a private sewage disposal system shall comply
with all recommendations of the Department of Public Health of the State of Kansas. No
permit shall be issued for any private sewage disposal system employing subsurface soil
absorption facilities where the area of the lot is less than 15,000 square feet or 1,393.5 square
meters. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(d)
At such time as a public sewer becomes available to a property served by a private sewage
disposal system, as provided in Article III, Section 4, a direct connection shall be made to the
public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar
private sewage disposal facilities shall be abandoned and filled with suitable material.
(e)
The owner shall operate and maintain the private sewage disposal facilities in a sanitary
manner at all times, at no expense to the city.
(f)
No statement contained in this article shall be construed to interfere with any additional
requirements that may be imposed by the Health Officer.
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(g)
When a public sewer becomes available, the building sewer shall be connected to said sewer
within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and
filled with clean bank-run gravel or dirt.
SECTION 6. Sec. 33-58. – When required for buildings of ARTICLE III. – SEWERS,
DIVISION 2. - CONNECTIONS of Chapter 33-Utilities is hereby amended as follows:
Sec. 33-58. – When required for buildings.
No unauthorized person shall uncover, make any connections with or opening into, use, alter,
or disturb any public sewer or appurtenance thereof without first obtaining a written permit
from the Building Official.
(a)
There shall be two (2) classes of building sewer permits: (a) for residential and commercial
service and (b) for service to establishments producing industrial wastes. In either case, the
owner or his agent shall make application on a special form furnished by the city. The
permit application shall be supplemented by any plans, specifications, or other information
considered pertinent in the judgment of the Building Official. A permit and inspection fee
of Thirty-Five ($35.00) dollars for a residential or commercial building sewer permit and
Seventy ($70.00) dollars for an industrial building sewer permit shall be paid to the city at the
time the application is filed.
SECTION 7. Sec. 33-59. – Permit required of ARTICLE III. – SEWERS, DIVISION 2. –
CONNECTIONS of Chapter 33-Utilities are hereby amended as follows:
Sec. 33-59. - Permit required.
All costs and expense incident to the installation and connection of the building sewer shall
be borne by the owner. The owner shall indemnify the city from any loss or damage that
may directly or indirectly be occasioned by the installation of the building sewer.
(a)
A separate and independent building sewer shall be provided for every building; except
where one building stands at the rear of another on an interior lot and no private sewer is
available or can be constructed to the rear building through an adjoining alley, court yard, or
driveway, the building sewer from the front building may be extended to the rear building
and the whole considered as one building sewer but subject to one or more sewer use fees or
future stormwater fees, if enacted.
(b)
Old building sewers may be used in connection with new buildings only when they are
found, on examination and test by the Utilities Director, to meet all requirements of this
ordinance.
(c)
The size, slope, alignment, materials of construction of a building sewer, and the methods to
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City Commission Agenda Packet October 7, 2013
be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall
all conform to the requirements of the building and plumbing code or other applicable rules
and regulations of the city. In the absence of code provisions or in amplification thereof, the
materials and procedures set forth in appropriate specifications of the A.S.T.M. and
W.P.C.F. Manual of Practice No. 9 shall apply.
(d)
Whenever possible, the building sewer shall be brought to the building at an elevation below
the basement floor. In all buildings in which any building drain is too low to permit gravity
flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an
approved means and discharged to the building sewer.
(e)
No person shall make connection of roof downspouts, interior and exterior foundation
drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer
or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(f)
The connection of the building sewer into the public sewer shall conform to the requirements
of the building and plumbing codes or other applicable rules and regulations of the city, or
the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F.
Manual of Practice No. 9. All such connections shall be made gastight and watertight.
Any deviation from the prescribed procedures and materials must be approved by the
Building Official before installation.
(g)
The applicant for the building sewer permit shall notify the Building Official when the
building sewer is ready for inspection and connection to the public sewer. The connection
shall be made under the supervision of the Utilities Director.
(h)
All excavations for building sewer installation shall be adequately guarded with barricades
and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other
public property disturbed in the course of the work shall be restored in a manner satisfactory
to the city.
SECTION 9. Sec. 33-67. – Right of entry of ARTICLE III. – SEWERS, DIVISION 2. –
CONNECTIONS of Chapter 33-Utilities are hereby established as follows:
Sec. 33-67. – Right of entry.
The Utilities Director and other duly authorized employees of the city bearing proper
credentials and identification shall be permitted to enter all properties for the purpose of
inspection, observation, measurement, sampling, and testing in accordance with the
provisions of this ordinance. The Utilities Director or his representatives shall have no
authority to inquire into any processes including metallurgical, chemical, oil, refining,
ceramic, paper, or other industries beyond that point having a direct bearing on the kind and
source of discharge to the sewers or waterways or facilities for waste treatment.
(a)
While performing the necessary work on private properties referred to above, the Utilities
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Director or duly authorized employees of the city shall observe all safety rules applicable to
the premises established by the company and the company shall be held harmless for injury
or death to the city employees and the city shall indemnify the company against loss or
damage to its property by city employees and against liability claims and demands for
personal injury or property damage asserted against the company and growing out of the
gauging and sampling operation, except as such may be caused by negligence or failure of
the company to maintain safe conditions as required in Sec. 33-52, Article 8.
(b)
The Utilities Director and other duly authorized employees of the city bearing proper
credentials and identification shall be permitted to enter all private properties through which
the city holds a duly negotiated easement for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair, and maintenance of any portion of the sewage
works lying within said easement. All entry and subsequent work, if any, on said easement,
shall be done in full accordance with the terms of the duly negotiated easement pertaining to
the private property involved.
SECTION 10: Any person found to be violating any provision of this ordinance except
Sec. 33-45 shall be served by the city with written notice stating the nature of the violation and
providing a reasonable time limit for the satisfactory correction thereof. The offender shall,
within the period of time stated in such notice, permanently cease all violations.
Sec. 2. Any person who shall continue any violation beyond the time limits provided for in this
ordinance, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the
amount not exceeding [$500] dollars for each violation. Each 24-hour period in which any
such violation shall continue shall be deemed a separate offense.
Sec. 3. Any person violating any of the provisions of this ordinance shall become liable to the
city for any expense, loss, or damage occasioned the city by reason of such violation.
SECTION 11: All ordinances or parts of ordinances in conflict herewith are hereby
repealed. The invalidity of any section, clause, sentence, or provision of this ordinance shall not
affect the validity of any other part of this ordinance which can be given effect without such
invalid part or parts.
SECTION 12. This ordinance shall take effect from and after its publication once in the
official City newspaper.
PASSED, this ________ day of ____________________, 2013.
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City Commission Agenda Packet October 7, 2013
_______________________________
DAVID W. BUTLER
MAYOR
ATTEST:
_______________________________
DEBRA A. CLEM
CITY CLERK
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City Commission Agenda Packet October 7, 2013
Existing City Code & New City Code Comparison
Sec. 33-31. - Sewer rates; billing procedures; revenue management.
(b)
Definitions. Unless the context specially indicates otherwise, the meaning of terms used in this section
shall be as follows:
(1)
BOD (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at
twenty (20) degrees Celsius, expressed in milligrams per liter (mg/1).
(2)
Normal domestic waste water shall mean waste water that has a BOD concentration of not
more than 2.00 pounds/1,000 gallons/day and a (TSS) suspended solids concentration of not
more than 2.50 pounds/1,000 gallons/day.
(3)
Operation and maintenance shall mean all expenditures during the useful life of the treatment
works for materials, labor, utilities and other items which are necessary for managing and
maintaining the sewage works to achieve the capacity and performance for which such works
were designed and constructed.
(4)
Replacement shall mean expenditures for obtaining and installing equipment, accessories or
appurtenances which are necessary during the useful life of the treatment works to maintain the
capacity and performance for which such works were designed and constructed. The term
"operation and maintenance" includes replacement.
(5)
Residential contributor shall mean any contributor to the city's treatment works whose lot,
parcel of real estate or building is used for domestic dwelling purposes only.
(6)
Shall is mandatory; may is permissive.
(7)
SS (denoting suspended solids) shall mean solids that either float on the surface of or are in
suspension in water, sewage or other liquids and which are removable by laboratory filtering.
(8)
Treatment works shall mean any devices and systems for the storage, treatment, recycling and
reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include
intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping,
power and other equipment and their appurtenances; extensions, improvement, remodeling,
additions and alterations thereof, elements essential to provide a reliable recycled supply such
as standby treatment units and clear well facilities; and any works, including site acquisition of
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City Commission Agenda Packet October 7, 2013
the land that will be an integral part of the treatment process or is used for ultimate disposal of
residues resulting from such treatment (including land for composting sludge, temporary
storage of such compost and land used for the storage of treated waste water in land treatment
systems before land application); or any other method or system for preventing, abating,
reducing, storing, treating, separating or disposing of municipal waste or industrial waste,
including waste in combined storm water and sanitary sewer systems.
(9)
Useful life shall mean the estimated period during which a treatment works will be operated.
(10)
User charge shall mean that portion of the total waste water service charge which is levied in a
proportional and adequate manner for the cost of operation, maintenance and replacement of
the waste water treatment works.
(11)
Water meter shall mean a water volume measuring and recording device, furnished and/or
installed by the Atchison City Water Works or furnished and/or installed by a user and approved
by the city.
(12)
Slug shall mean any discharge of water, sewage or industrial waste which in concentration of
any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen
(15) minutes more than five (5) times the average twenty-four-hour concentration or flows
during normal operation.
Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this section shall be as follows: (1) "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20°C, expressed in milligrams per liter. (2) "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall. (3) "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal. (4) “Building Official shall mean the officer and/or his authorized deputy, agent, or representative charged with the administration and enforcement of the building code standards of the city. (5) "Combined Sewer" shall mean a sewer receiving both surface runoff and sewage. 32
City Commission Agenda Packet October 7, 2013
(6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) "City" shall mean properties within the city limits and those located in the extra‐jurisdictional territory as determined in State of Kansas law. "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage. "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater. “Normal domestic wastewater” shall mean wastewater that has a BOD concentration of not more than 2.00 pounds/1,000 gallons/day and a (TSS) suspended solids concentration of not more than 2.00 pounds/1,000 gallons/day. “Operation and maintenance” shall mean all expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and maintaining the sewage works to achieve capacity and performance for which such works were designed and constructed. "Person" shall mean any individual, firm, company, association, society, corporation, or group. "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. "Properly Shredded Garbage" shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle, greater than one‐half (½) inch (1.27 centimeters) in any dimension. "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. “Replacement” shall mean expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such worked were designed and constructed. The term “operation and maintenance” includes replacement. “Residential contributor” shall mean any contributor to the city’s treatment works whose lot, parcel of real estate or building is used for domestic dwelling purposes only. "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted. "Sewage" shall mean a combination of the water‐carried wastes from residents, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present. 33
City Commission Agenda Packet October 7, 2013
(20) (21) (22) (23) (24) (25) (26) (27) (28) (29) (30) (31) "Sewage Treatment Plant" shall mean any arrangement of devices and structures used for treating sewage. "Sewage Works" shall mean all facilities for collecting, pumping, treating and disposing of sewage. "Sewer" shall mean a pipe or conduit for carrying sewage. "Shall" is mandatory; "May" is permissive. "Slug" shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty‐four (24) hour concentration or flows during normal operation. "Storm Drain" (sometimes termed "storm sewer") shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. “Treatment Works” shall mean any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power and other equipment and their appurtenances; extensions, improvement, remodeling, additions and alterations thereof, elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems. “Useful life” shall mean the estimated period during which a treatment works will be operated. “User charge” shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works. "Utilities Director" shall mean the city position that supervises the Distribution and Collection Systems operations and/or his authorized deputy, agent, or representative. "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently. 34
City Commission Agenda Packet October 7, 2013
(32) “Water meter” shall mean a water volume measuring and recording device, furnished and/or installed by the Atchison City Water Works or furnished and/or installed by a user and approved by the city. Added 33‐46 Sec. 33‐46. – Disposal of waste material. (a) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Atchison, any human or animal excrement, garbage, or other objectionable waste. (b) It shall be unlawful to discharge to any natural outlet within the City of Atchison, or in any area under the jurisdiction of said city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. (c) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (d) The owner of all houses, buildings, or properties used for human employment, recreation, or other purposes, situated within the city and abutting on any street, alley, or right‐of‐way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet or 30.5 meters of the property line, or the affected lot is less than 15,000 square feet or 1,393.5 square meters. Sec. 33-47. - Tampering with system.
It shall be a misdemeanor for any person to tamper with any sewer line constituting a part of the city's
sewer system or to make any connection therewith without written permission from the city, or to reconnect sewer
service when it has been disconnected for nonpayment of a bill for service, until such bill has been paid in full,
including the amount of any charge for delinquency and the disconnection and reconnection fees.
Sec. 33‐47. – Tampering with system. (a) It shall be a misdemeanor for any person to maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. Any person violating this provision may be subject to immediate arrest under charge of criminal damage to property. (b) It shall be a misdemeanor for any person to tamper with any sewer line constituting a part of the city’s sewer system or to make any connection therewith without written permission from the city, or to reconnect sewer service when it has been disconnected for nonpayment of a bill for service, until such bill has been paid in full, including the amount of any charge for delinquency and the disconnection and reconnection fees. 35
City Commission Agenda Packet October 7, 2013
Sec. 33-52. - Prohibited discharges.
No person shall intentionally discharge any of the following waters or wastes to any public sewer:
(1)
Liquid or vapor in amounts which will inhibit biological activity in the wastewater treatment plant
resulting in interference, but in no case heat in such quantities that the temperature at the
wastewater treatment plant exceeds forty (40) degrees C (one hundred four (104) degrees F);
(2)
Water or waste which may contain more than one hundred (100) parts per million, by weight, of
fat, oil or grease;
(3)
Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;
(4)
Garbage that has not been properly shredded;
(5)
Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood,
paunch manure, or any other solid or viscous substance capable of causing obstruction to the
flow in sewers or other interference with the proper operation of the sewage works;
(6)
Waters or wastes having a ph lower than 5.0 or higher than 10.0 or having any other corrosive
property capable of causing damage or hazard to structures, equipment and personnel of the
sewage works;
(7)
Waters or wastes containing a toxic poisonous substance in sufficient quantity to injury or
interfere with any sewage treatment process, constitute a hazard to humans or animals, or
create any hazard in the receiving waters of the sewage treatment plant;
(8)
Water or wastes containing suspended solids of such character and quantity that unusual
attention or expense is required to handle such materials at the sewage treatment plant;
(9)
Noxious or malodorous gas or substance capable of creating a public nuisance.
Sec. 33‐52. – Prohibited discharges. (1) No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. (2) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by 36
City Commission Agenda Packet October 7, 2013
the Utilities Director. Industrial cooling water or unpolluted process waters may be discharged on approval of the Utilities Director, to a storm sewer, combined sewer, or natural outlet. (3) (a) (b) (c) (d) (4) (a) (b) (c) (d) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer. Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Utilities Director that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Utilities Director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are: Any liquid or vapor having a temperature higher than one hundred fifty (150)°F (65°C). Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty‐two (32) and one hundred fifty (150)°F (0 and 65°C). Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three‐fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Utilities Director. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not. 37
City Commission Agenda Packet October 7, 2013
(e) (f) (g) (h) (i) (1) (2) (3) (4) (j) (k) (5) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes that interfere with the ultraviolet disinfection of the treatment plant effluent, and to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits that may be established by the Utilities Director for such materials. Any waters or wastes containing phenols or other taste, or odor producing substances, in such concentrations exceeding limits which may be established by the Utilities Director as necessary, after treatment of the composite sewage, to meet the requirements of State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters. Any radioactive wastes or isotopes of such half‐life or concentration as may exceed limits established by the Utilities Director in compliance with applicable State and Federal regulations. Any waters or wastes having a pH in excess of [9.5]. Materials which exert or cause: Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate). Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. Any waters or wastes having (1) a 5‐day BOD greater than 240 parts per million by weight, or (2) containing more than 240 parts per million by weight of suspended solids, or (3) having an average daily flow greater than 2 percent of the average sewage flow of the city, shall be subject to the review of the Utilities Director. Where necessary in the opinion of the Utilities Director, the owner shall provided, at his expense, such preliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to 240 parts per million by weight, or (2) reduce the suspended solids to 240 parts per million by weight or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Utilities Director and no construction of such facilities shall be commenced until said approvals are obtained in writing. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 4 of this Article, and which in the judgment of the Utilities Director, may have a deleterious effect 38
City Commission Agenda Packet October 7, 2013
upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the Utilities Director may: (a) (b) (c) (d) Reject the wastes, Require pretreatment to an acceptable condition for discharge to the public sewers, Require control over the quantities and rates of discharge, and/or Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 10 of the Article. If the Utilities Director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Utilities Director, and subject to the requirements of all applicable codes, ordinances and laws. (6) (7) (8) (9) Grease, oil, and sand interceptors shall be provided when, in the opinion of the Utilities Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Utilities Director, and shall be located as to be readily and easily accessible for cleaning and inspection. Where preliminary treatment or flow‐equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. When required by the Utilities Director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Utilities Director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty‐four (24) hours composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24‐hour composites of all outfalls whereas pHs are determined from periodic grab samples.) 39
City Commission Agenda Packet October 7, 2013
(10) No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefore, by the industrial concern. Sec. 33-57. - Septic tanks, when permitted.
Any building having plumbing fixtures or any dwelling house and any trailer occupied as living quarters
within the city where sewer connections are not available, shall be connected to an approved septic tank for the
purpose of disposal of human wastes and excreta.
Sec. 33‐57. ‐ Septic tanks when permitted. Where a public sanitary or combined sewer is not available under the provisions of Sec. 33‐46, (d), any building having plumbing fixtures or any dwelling house and any trailer occupied as living quarters within the city where shall be connected to a private sewage disposal system for the purpose of disposal of human wastes and excreta complying with the provisions of this section. (a) Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Building Official. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Building Official. A permit and inspection fee of Thirty‐Five ($35.00) dollars shall be paid to the city at the time the application is filed. (a) A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Building Official. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Building Official when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 72 hours of the receipt of notice by the Building Official. (c) The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Kansas. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 15,000 square feet or 1,393.5 square meters. No septic tank or cesspool shall be permitted to discharge to any natural outlet. (d) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Article III, Section 4, a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (e) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. 40
City Commission Agenda Packet October 7, 2013
(f) (g) No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer. When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank‐run gravel or dirt. Sec. 33-58. - When required for buildings.
Persons and property owners owning and/or occupying dwelling houses, buildings or house trailers which
are or shall be located near a sewer, or in block within any sewer district in the city, through which a sewer
extends, are hereby required to make such connections with the sewer system of the city as may be necessary in
the judgment of the city-county board of health for the protection of the health of the public for the purpose of
disposing of all substances from any such building affecting the public health which may be lawfully and properly
disposed of by means of such sewer.
Sec. 33‐58. – When required for buildings. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Building Official. (a) There shall be two (2) classes of building sewer permits: (a) for residential and commercial service and (b) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Building Official. A permit and inspection fee of Thirty‐Five ($35.00) dollars for a residential or commercial building sewer permit and Seventy ($70.00) dollars for an industrial building sewer permit shall be paid to the city at the time the application is filed. Sec. 33-59. - Permit required.
Before any connection is made to any sanitary sewer or to any storm sewer, a written application for a
permit shall be made to the city inspector which shall state or show the plan and type of such connection. The city
inspector shall issue a permit if such planned connection conforms to the standards provided by the ordinances of
the city and will not materially impair the operation of the sanitary sewer or storm sewer to which it is to be
connected.
Sec. 33‐59. ‐ Permit required. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (a) A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court yard, or driveway, the 41
City Commission Agenda Packet October 7, 2013
building sewer from the front building may be extended to the rear building and the whole considered as one building sewer but subject to one or more sewer use fees or future stormwater fees, if enacted. (b) (c) (d) (e) (f) (g) (h) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Utilities Director, to meet all requirements of this ordinance. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Building Official before installation. The applicant for the building sewer permit shall notify the Building Official when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Utilities Director. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. Added 33‐67 Sec. 33‐67. – Right of entry. The Utilities Director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. The Utilities Director or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries 42
City Commission Agenda Packet October 7, 2013
beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (a) (b) While performing the necessary work on private properties referred to above, the Utilities Director or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Sec. 33‐52, Article 8. The Utilities Director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. 43
City Commission Agenda Packet October 7, 2013
Commission Action Report Title: Resolution 2921, Adopting the Purchasing Card Policies & Procedures Manual Proposed Agenda Date: October 7, 2013 Presented by: Becky Anderson, Finance Director/Asst. City Manager BACKGROUND: 
In 2006, the City began a purchasing card (P‐Card) program, in order to make purchasing more efficient and improve operations organization wide. Employees were issued P‐Cards with varying cycle limits based on the requirements of City’s Procurement Manual and the direction of the City Manager.  The P‐Cards have improved purchasing efficiency, but additional policies should be implemented to ensure control over expenditures and standardize procedures across the organization.  The proposed Purchasing Card Policies & Procedures manual contains additional procedures, beyond those implemented in 2006, to improve the administration and control of P‐Card expenditures.  The proposed manual includes requirements for individual transaction limits, in addition to the cycle limits already in place. It also requires that each cardholder personally reconcile his/her monthly statement and all current and future cardholders must attend a training class and sign a cardholder agreement. FINANCIAL CONSIDERATIONS: 
None. LEGAL CONSIDERATIONS: 
Resolution 2921 and the Purchasing Card Policies & Procedures manual have been reviewed and approved by the City Attorney. POLICY CONSIDERATION: 
The proposed policy provides additional procedures and regulations for P‐Card expenditures, helping to ensure that only authorized expenditures are made with P‐Cards and city funds are safeguarded. RECOMMENDED ACTION: 
Adopt Resolution 2921. 44
City Commission Agenda Packet October 7, 2013
RESOLUTION 2921
A RESOLUTION ESTABLISHING POLICIES AND PROCEDURES FOR THE USE
OF PURCHASING CARDS BY EMPLOYEES OF THE CITY OF ATCHISON,
KANSAS
________________________________________________________________________
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
ATCHISON, KANSAS:
WHEREAS, the City must ensure proper procedures are followed and city funds
are safeguarded any time a purchase is made on behalf of the City; and
WHEREAS, the use of purchasing cards reduces administration and increases
efficiency of individual transactions; and
WHEREAS, the use of purchasing cards requires additional procedures be
established to ensure that only authorized expenditures are made and city funds are
safeguarded.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
THE CITY OF ATCHISON, KANSAS:
SECTION 1. That the City Commission hereby adopts the Purchasing Card
Policies & Procedures Manual of October, 2013, attached hereto as Exhibit “A” and
incorporated herein by this reference.
ADOPTED, this 7th day of October, 2013.
_____________________________________
DAVID W. BUTLER, MAYOR
ATTEST:
______________________________________________
DEBRA CLEM, CITY CLERK
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City Commission Agenda Packet October 7, 2013
Purchasing Card
Policies & Procedures
Manual
October 2013
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City Commission Agenda Packet October 7, 2013
CONTENTS
Introduction
2
Discipline for Misuse
2
Cardholder Agreement & Training
3
Limitations
4
Using the P-Card
4
Over-the-Counter Transactions
5
Mail, Telephone, and Internet Transactions
5
Returns, Damaged Goods, Credits
6
Resolving Disputes with Suppliers
7
Reconciling your Monthly Statement
7
Administration
8
Lost or Stolen P-Cards
8
User Information Changes
8
Appendix A – Cardholder Agreement
9
Appendix B – P-Card Check Request Form
11
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City Commission Agenda Packet October 7, 2013
I
INTRODUCTION
The purpose of this guide is to communicate procedures for use of the City of Atchison
Purchasing Card, hereafter called P-Card, to enable P-Card holders to quickly and
efficiently purchase goods and services for city operations. Your department director is
available to provide additional guidance on your individual purchasing limit.
All purchases made with the P-Card will be on behalf of the City of Atchison. Purchasing
on behalf of the City requires special sensitivity on the part of the purchaser to obtain fair
and reasonable prices and adhere to strict ethical behavior.
Individual user profiles are established for each employee, hereinafter referred to as
“cardholder” for the procurement card program. Under the account cycle controls, dollar
limits are established for each cardholder based on the nature of the work performed and
as stipulated by the department director, City Manager and the City of Atchison
Procurement Manual.
1. Total Cycle Dollar Limit per Month
2. Maximum Number of Daily Transactions
3. Maximum Dollar Amount per Transaction
Cardholders will use a P-Card for small dollar purchases and for travel expenditures.
When using the P-Card for travel, purchases must be in accordance with the City’s travel
policy.
II
DISCIPLINE FOR MISUSE
Misuse of the P-Card is a violation of this policy and the City of Atchison Code, and will
be treated accordingly. In an effort to administer fair and uniform procedures among all
City departments, the following progressive discipline process will apply to misuse of
City issued bankcards (P-Card) by cardholders and their approving officials.
1st Misuse
Documented verbal warning and re-signing
of cardholder agreement
2nd Misuse
Written warning and P-Card privilege
revoked for a minimum of six (6) months
3rd Misuse
Three-day unpaid suspension and P-Card
privilege permanently revoked
Theft (personal purchases)
Termination of employment
Your P-Card may be deactivated at any time it is deemed in the best interest of the City
of Atchison, including during an investigation of possible misuse.
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III
CARDHOLDER AGREEMENT & TRAINING
Each cardholder is required to attend a training class regarding the proper use of P-Cards,
read and understand the instructions in this manual, and sign a Cardholder Agreement for
the City of Atchison Purchasing Card. Signing of the Cardholder Agreement indicates
that the employee understands and agrees to follow P-Card Policies and Procedures.
IV
LIMITATIONS
Use of the P-Card is conditional on cardholder’s careful adherence to the following
limitations:
-
All purchases must be made by the cardholder. No member of cardholder’s staff or
family, the cardholder supervisor, or anyone else may use this card.
-
All purchases must be authorized by the cardholder, prior to the charge being
applied to the card. Under no circumstances should a card be left “on file” with a
vendor and charged as orders are placed. The vendor should issue an invoice, which
then can then be paid by P-Card.
-
The P-Card must not be used for personal purchases, including those which are
subsequently reimbursed by the cardholder, i.e., airfare or other travel expenses for
non-City employees.
-
Cardholder must protect the security of the P-Card and the P-Card number.
-
Cardholder must not exceed the established transaction limit. The transaction limit
is determined by the department director and the limits established in the City’s
Procurement Manual. A written request to raise a cardholder’s transaction limit must
be approved by the department director and the employee with the proper
purchasing authority to approve the increased transaction limit.
-
No employee’s transaction limit shall exceed $10,000, with the exception of
employees that must make large purchases to maintain daily operations. This is
limited to purchases of chemicals for the treatment of the City’s water supply,
emergency purchases, the purchase of materials to perform roadwork and treat road,
and purchases otherwise authorized by the City Manager.
-
Cardholder must not split purchases to circumvent transaction limit or to circumvent
competitive bidding thresholds.
-
Cardholder must not pool cards of multiple cardholders to circumvent transaction
limits or competitive bidding thresholds.
-
Cardholder must not accept any gift or gratuity from any source when it is offered or
appears to be offered to influence decisions regarding P-Card purchases.
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City Commission Agenda Packet October 7, 2013
-
Conference and seminar registration fees should be paid by P-Card if allowed by the
vendor. The name of person, purpose of trip, dates traveling and destination must be
included in the supporting documentation.
-
If a cardholder has questions about the limitations on P-Card usage, the cardholder
should contact his/her department director or the Finance Director.
-
Negligence/ignorance of this policy shall not constitute a defense for misuse of the
P-Card.
V
USING THE P-CARD
The P-Card may be used to make transactions over-the-counter, by mail, via telephone, or
over the internet. The cardholder is required to account for all transactions made using
the P-Card. This includes maintaining original, detailed receipts (printed confirmations of
internet transactions) and reconciliation of all transactions to the monthly statement.
Such original documents should be filed in a central work location designated by the
cardholder’s department director, and must be accessible for audit purposes.
Required Procedures:
(i)
Planning Transactions
-
Know the limitations of the P-Card.
-
Review the prohibited purchases listed on the cardholder agreement.
-
Give fair treatment to all suppliers and assure that the price paid is reasonable by
checking the market on a regular basis.
-
Each P-Card transaction should have supporting documentation that shows the
purchase detail, including total amount charged by item, and which specifically
supports the business purpose of the purchase. The documentation should include
sufficient information to assure that the transaction was a valid City of Atchison
business-related purchase delivered under virtually all circumstances to a City of
Atchison location, and the purchase must be relative to the City’s operating needs.
(ii)
-
Conducting the Transaction
Make sure to get the best price possible and that all aspects of the transaction are
fully understood by inquiring as to the availability of discounts, quantity breaks, cost
of delivery, packaging, etc.
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City Commission Agenda Packet October 7, 2013
Transactions are classified as either commodities or services. Commodities are
acquisitions of tangible goods. All non-tangible purchases are deemed to be the purchase
of services.
-
Services may fall under the Federal Guidelines for 1099 Reporting. When acquiring
services from a non-incorporated firm, the employee must obtain the following
information before beginning the labor service: 1) the provider’s Federal Tax
Identification Number (which may be the individual’s Social Security Number), 2)
Business name, business address, and business phone number(s). This information
shall be provided to the Finance Department.
-
Ensure that the price paid is fair and reasonable.
VI
-
OVER-THE-COUNTER TRANSACTIONS
If a purchase is denied, it may be that the dollar amount of the transaction exceeds
the transaction or cycle limit on the card, or that cardholder’s card is not authorized
for the transaction code that applies to the purchase being made.
Select items to be purchased and present them and the P-Card to the supplier.
-
Advise the Supplier that the purchase is non-taxable. Be prepared to provide the
City’s tax exemption certificate, issued by the State of Kansas. The City’s taxexempt number, as issued by the State of Kansas, is noted at the top of the P-Card.
It is the cardholder’s responsibility to act as an agent of the City to ensure the proper
use of the City’s sales tax exempt number. Cardholders who are unsure of the tax
exempt status of a purchase should contact the Finance Department for clarification.
-
Verify that the dollar amount is correct and that sales tax is not included and sign
the sales ticket.
-
Retain a copy of the detailed, signed sales ticket, as well as all related invoices and
receipts for reconciliation and filing.
VII
MAIL, TELEPHONE, AND INTERNET TRANSACTIONS
-
Provide your name, P-Card number and expiration date on the account, and the
appropriate shipping address. In some instances, merchants will require the
cardholder to furnish the three-digit security code located on the back of the card.
-
Advise the supplier that the purchase is non-taxable. Furnish a copy of the City’s
tax exemption certificate if required.
-
Determine the best method of shipping and provide instructions to the supplier.
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City Commission Agenda Packet October 7, 2013
-
Request that the supplier mark on the sales invoice, “Terms of Sale – ’FOB,
Destination’’ or ’FOB Origin’ if the City is paying the freight on a collect basis.
(FOB is a shipping term-meaning “free on board.”) This will make the supplier
accountable for any loss or damage while the item is being transported.
-
If you must accept FOB terms other than FOB Destination, Prepaid and Allowed;
FOB Destination, Prepaid and Added; or FOB Origin, and loss or damage occurs
during shipping, the City (cardholder) must resolve the issue with the freight carrier
and may incur additional costs.
-
Instruct the supplier to write the cardholder’s name and the term “P-Card” on all
shipping documents.
-
When goods are received, retain all sales receipts and packing slips to aid in
reconciliation.
-
Payment through electronic payment services (e.g., PayPal) should be reviewed
more critically. There have been documented cases of credit card fraud through
these payment services, so double check any payments to vendors who use
electronic payment services to process payments, rather than the normal credit card
vendor that takes credit card payments directly.
-
Never provide your card number to any person or entity making the request when
you did not initiate the transaction. Never respond to unsolicited offers.
VIII
RETURNS, DAMAGED GOODS, CREDIT
-
If the cardholder determines that the material is damaged, substandard or incorrect,
the cardholder must notify the supplier that the item needs to be returned. Request
an address to ship to and a return authorization number.
-
Request that the supplier process a credit to the cardholder’s P-Card.
-
Record the dispute to the original transaction. This reference will be used during the
reconciliation process to identify that those goods have been returned for credit.
-
Ensure that the credit appears on the next periodic report from the P-Card provider
bank. If the credit does not appear, notify the supplier and the Finance Clerk.
Note: If the goods were purchased locally, the cardholder may return the
merchandise in person and have the supplier provide a credit receipt. If the
cardholder returns the item back to a local merchant, follow instructions above.
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IX
RESOLVING DISPUTES WITH SUPPLIERS
-
If the cardholder is charged for an item incorrectly, the cardholder must contact the
supplier and attempt to resolve the problem. Document any communication, the
dates, the persons involved and a brief description of the problem.
-
If the cardholder is unable to resolve the dispute with the supplier, the cardholder
must contact the Finance Clerk to complete a Purchasing Card Dispute Form, to be
faxed to the P-Card provider bank. The Finance Clerk will maintain a file of all
dispute forms.
-
If the statement is not correct, notify the supplier and your department director.
X
RECONCILING YOUR P-CARD MONTHLY STATEMENT
-
Reconciliation of the P-Card transactions to the periodic bank statement must be
completed within five (5) business days of the periodic statement date.
-
The P-Card holder must supply corresponding receipts, invoices, and packing slips
for all transactions included on the statement and must include a P-Card Check
Request Form to the department director for reconciliation. The P-Card Check
Request Form should be used in place of the City’s standard Purchase Order form.
Department directors must provide each cardholder’s statement, P-Card Check
Request Form and required supporting documents to the Finance Clerk for final
reconciliation.
-
Each reconciler should feel a personal obligation to question and report purchases
that do not appear to be in the best interest of the City. Misuse of a P-Card or using
it for non-City purposes is a violation of this Policy. Not reporting such situations in
also a violation of this policy.
-
If you are an approving official, be sure to PERSONALLY approve and document
your approval of P-Card purchases. Don’t informally delegate your approval
responsibility to another person, and be sure to verify each purchase and review the
supporting documentation before you sign your approval. Remember that the
approving official is also accountable for any unauthorized P-Card purchases that
they approve.
-
The P-Card holder cannot supervise the approving official; however, the approving
official can supervise the P-Card holder.
7
53
City Commission Agenda Packet October 7, 2013
XI
ADMINISTRATION
-
A department director, the Finance Director, or the City Manager may take away PCards from users that do not reconcile their accounts according to this policy.
-
The Finance Director, or his/her designee, will conduct random audits of P-Card
transactions and will review all P-Card purchases at least monthly.
XII
LOST OR STOLEN P-CARDS
Requirement
XIII
If a P-Card has been lost, stolen, or a cardholder’s account number
has been compromised in a fraudulent manner, the cardholder must
immediately contact UMB at 1-888-494-5141 and notify his/her
department director. If unable to make contact with your
department director, contact the Finance Department immediately.
If stolen, the cardholder must also contact the Police Department to
file a theft report.
USER INFORMATION CHANGES
Requirement
If the cardholder changes his or her name or business address; or
moves to another department within the City; or terminates
employment with the City of Atchison, he or she must notify the
Finance Clerk immediately.
Return the P-Card to your department director before terminating
employment with the City of Atchison.
Contact the Finance Clerk if the cardholder moves to another
department within the City of Atchison.
* For change of information concerning the cardholder’s profile, contact the Finance
Clerk.
8
54
City Commission Agenda Packet October 7, 2013
APPENDIX A
CITY OF ATCHISON, KANSAS
PURCHASING CARD CARDHOLDER AGREEMENT
Name of Cardholder
Cardholder Business Address
Department
Cardholder Business Phone Number
Supervisor’s Name
Supervisor’s Title
Cardholder agrees to accept responsibility for the protection and proper use of the Visa Purchasing Card in accordance with the
terms and conditions below:
1. Cardholder agrees to provide supporting receipts from the vendor and a transaction log for each transaction as designated
under the policies and procedures. Failure to report or document any purchase may be deemed misuse of the purchasing card.
2.
If the card is lost or stolen, Cardholder shall notify the department director immediately.
3. Cardholder’s department shall be responsible for all charges, including fees and interest, incurred from the proper use of the
purchasing card.
4. THE CARDHOLDER MAY NOT MAKE PERSONAL PURCHASES ON THE CARD. Cardholder understands that he/she
shall be personally liable for any improper use of the purchasing card and agrees to reimburse the issuer of the card (City) for any such
misuse (unless such misuse occurs as the result of a lost of stolen card, which was immediately reported as required in paragraph 2),
including fees and interest assessed against the improper purchase. Cardholder also understands that if a purchase is made for
personal use, the cardholder will be required to provide a personal check or money order in the amount of the purchase, paid to the
order of Card Services. Cardholder further understands that his/her misuse of the purchasing card is cause for disciplinary action by the
City, which may include termination, and that misuse of the purchasing card may subject Cardholder to criminal prosecution.
5. Cardholder understands that should his/her employment with the City be terminated for any reason, the purchasing card must
be immediately returned to their department director. Cardholder understands that the City may withhold his/her final paycheck until the
purchasing card is returned. Cardholder also understands that the City may withdraw authorization to use the purchasing card and
require the return of the purchasing card at any time for any reason.
6. Cardholder understands that use of the purchasing card is for the purchase of commodities and services within the individual’s
card limitations on expenditures, and only those items purchased for use in official City business. All purchases must comply with State
of Kansas regarding municipal accounting and purchasing statutes, regulations and policies, including all policies the Cardholder’s
department implements in the use of the purchasing card. Items on contracts may be acquired from the contract vendor with the
purchasing card. The following items may not be purchased with the purchasing card; however, this list is not all-inclusive:
Personal Items
Cash Advances
Capital Equipment
Lottery Tickets
Hospitality or Entertainment*
Gasoline (unless specifically authorized)
Long Distance Phone Calls
Medical Care
*Business-related meal expenses are allowable.
If in doubt that a purchase using the purchasing card is authorized under this agreement, Cardholder understands that he/she should
seek prior approval from his/her department director. Such approval presumes the proper use of the purchasing card.
9
55
City Commission Agenda Packet October 7, 2013
APPENDIX A
7. Cardholder acknowledges by his/her signature to this agreement, that he/she has received training in the proper use of the
purchasing card; has received, read and understands the City’s Procurement Card Policies and Procedures; and has read and
understands this agreement.
Cardholder signature:
Date:
For Department Use Only
Limit per Purchase:
Cycle Credit Limit:
(not to be exceeded without authorization)
___________________________________________________________________________________________________________
Approval: Print Name: __________________________________________________________ Title: Department Director
Signature: _______________________________________ Date: ___________________________________________
__________________________________________________________________________________________________________
Approval: Print Name: ___________________________________________________________ Title: Finance Director
Signature: _______________________________________ Date: ___________________________________________
__________________________________________________________________________________________________________
Approval: Print Name: __________________________________________________________ Title: City Manager
Signature: _______________________________________ Date: ___________________________________________
10
56
City Commission Agenda Packet October 7, 2013
APPENDIX B
P-Card Check Request Form
Name:
Date
Department:
Date:
Vendor
Amount
Item(s) Purchased
Total
$
Account Code
-
Submit a copy of this form and all related receipts to your department director within 5 days of receiving monthly statement.
ALL purchases made with your P-Card must be logged on this form and ALL receipts and required supporting
documentation must be attached.
In signing this form, I attest that all purchases were made in accordance with the City of Atchison's Procurement Manual, and were related to
official City business.
Signature
Date
11
57
City Commission Agenda Packet October 7, 2013
Commission Action Report Title: Resolution 2920, Recognition for Employee Contributions to the United Way Proposed Agenda Date: October 7, 2013 Presented by: Trey Cocking, City Manager BACKGROUND: 



The City of Atchison strongly supports the local United Way in its efforts to assist local charitable entities. In the past, employees making a minimal annual contribution to the United Way received one personal day off. When it was determined that the contribution amount required was less than the value of one day of work, the program was suspended. Staff has re‐evaluated the program, and believes that 0.5% of an employee’s salary is a more appropriate minimum contribution amount. This is greater than the value of one day’s salary, but is affordable enough to all employees to provide an incentive to donate to the United Way. The proposed resolution requires that the personal day be used within the calendar year it is granted and it would not be paid out to the employee in the event of termination. The resolution also allows the donation to be made through payroll deduction throughout the calendar year. FINANCIAL CONSIDERATIONS: Full participation would result in approximately $25,000 in United Way donations in 2014, with a maximum cost to the City of $10,000 in overtime to cover shifts for Police, Fire and Water Treatment Plant employees. Department directors will work to manage shifts to minimize overtime expenses. LEGAL CONSIDERATIONS: This has been reviewed by the City Attorney. POLICY CONSIDERATION: Resolution 2920 provides an incentive for employees to increase their donations to the United Way, an organization which the City Commission has pledged its support. RECOMMENDED ACTION: Adopt Resolution 2920. 1 58
City Commission Agenda Packet October 7, 2013
RESOLUTION NO. 2920
A RESOLUTION AUTHORIZING ONE PERSONAL
DAY OFF WITH PAY FOR FULL-TIME EMPLOYEES
DONATING AT LEAST 0.5% OF THEIR ANNUAL PAY
TO UNITED WAY
____________________________________________________________
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
ATCHISON, KANSAS:
WHEREAS, the City of Atchison, Kansas strongly supports the local United Way
in their efforts to assist local charitable entities; and
WHEREAS, in an effort to increase employee contributions staff recommends
providing an incentive of one personal day off with pay for employees contributing at
least 0.5% of their annual pay.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
THE CITY OF ATCHISON, KANSAS:
SECTION 1. That full-time employees committing to contribute at least 0.5% of
their annual salary during enrollment for United Way shall be entitled to one personal day
off with pay. Employees may elect payroll deduction for their donation.
SECTION 2. The personal day shall be used within the calendar year as
specified by the City Manager. If the personal day is not utilized during the calendar year
the personal day will be forfeited. In addition, employees terminating employment with
the City of Atchison shall not be paid for the personal day.
59
City Commission Agenda Packet October 7, 2013
SECTION 3. All full-time employees meeting the contribution requirements shall
receive eight (8) hours of leave. Fire department shift personnel meeting the contribution
requirements shall receive twelve (12) hours of leave.
SECTION 4. This Resolution shall be in effect from and after its adoption.
ADOPTED this ______ day of ______________________, 2013.
___________________________________
DAVID W. BUTLER
MAYOR
ATTEST:
_________________________________
DEBRA A. CLEM
CITY CLERK
60
City Commission Agenda Packet October 7, 2013
CHANGE ORDER
No.
DATE OF ISSUANCE
September 10,2013
!-Final
EFFECTIVE DATE_ _ _-"S""'ee"---"'B"'-el'-"oC!.!w-""D"'-'a~te"----------
OWNER
City of Atchison
CONTRACTOR
Herzog Contracting
Contract: _ _ __ __ _ _ __ _ __ _ _ _ __ _ __ __ _ __ _ __ _ _ _ _ _ __ _ __ __ _
Project:
KLINK Resurfacing Project FY 2013
OWNER's Contract No. 59-3 U-0043-0 I
You are directed to make the following changes in the Contract Documents:
Description:
Adjust Final Quantities.
Reason for Change Order: Adjust Final Quantities and change final completion date.
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES:
Original Contract Price
Original Contract Times:
Substantial Completion:
Ready for final payment:
$788,322.14
(days-or dates)
Net change from previous Change Orders
No. ~to: Substantial Completion:
Ready for final payment:
(days)
Net (Increase) (9eerease) from previous Change Orders
No. ____NLto:___NA_
$_ _
Contract Times prior to this Change Order:
Substantial Completion:
Ready for final payment:
(days or dates)
Contract Price prior to this Change Order:
$788,322.14
Net (ltterease) (Decrease) of this Change Order:
Net (Increase) (Decrease) this Change Order:
Substantial Completion:
Ready for final payment:
(days-or dates)
$10,435.10
Contract Times with all approved Change Orders:
Substantial Completion: June 30, 2013
Ready for final payment: September I 0, 2013
(days or dates)
Contract Price with all approved Change Orders:
$
777 887.04
RECOMMENDED:
ACCEPTED:
By:
By:
~c::::==
OWNER!"'~"""
Date:
~p~
CONTRACTOR (Authori
?'/:;:? .(~
7
Date:
Signature)
¥¢
EJCDC 19 I 0-8-B ( 1996 Edition)
PreJ>ared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Constnoction Specifications Institute.
Page 1 of3
61
City Commission Agenda Packet October 7, 2013
Explanation of Changes
•
•
•
•
•
•
•
Asphalt Bituminous Surface 2"-This item under run due to difference in Plan estimated
quantity and actual field measured quantity. -27 ton
Concrete Pavement Repair- This item under run due to difference in Plan estimated
quantity and actual field measured quantity. -85 S.Y.
Pavement Marking (yellow) 4"-This item over run due to difference in Plan estimated
quantity and actual field measured quantity. 51 L.F.
Pavement Marking (white) 6"-This item under run due to difference in Plan estimated
quantity and actual field measured quantity. -252 L.F.
Pavement Marking (white) 12"-This item under run due to difference in Plan estimated
quantity and actual field measured quantity. -40 L.F.
Pavement Marking (yellow) 12"-This item under run due to difference in Plan estimated
quantity and actual field measured quantity. -244 L.F.
Pavement Marking (white) 24"-This item overrun due to difference in Plan estimated
quantity and actual field measured quantity. Crosswalks and stop bars were needed at
141h St. 39 L.F.
Page 2 of3
62
CHANGE IN PLANS AND CONSTRUCTION
KLINK Resurfacing FY 2013
Type of Construction: KLINK Resurfacing Project FY 2013
Contractor: Herzog Contracting
Project No.
Change Order No.l-Final
59-3 U-0043-01
Contract No.
Contract or Prev
Item Quanti!Z:
6,945
2,364
28,430
17,459
83
985
605
Previous
Unit of Line
Item Amount Measure No.
Item Description
$ 350,722.50
Ton
3 Asphaltic Bituminous Surface 2"
$ 238,102.08
4 Concrete Pavement Repair (AE)
S.Y.
$ 11 ,372.00
LF
6 Pavement Marking (yellow) 4"
$ 11,348.35
LF
7 Pavement Marking (white) 6"
$
340.30
LF
8 Pavement Marking (white) 12"
$
2,708.75
LF
9 Pavement Marking (yellow) 12"
$
7,260.00
LF
10 Pavement Marking (white) 24"
Adjusted
Item Quanti!Z:
6,918
2,279
28,481
17,207
43
741
644
Contract
Unit Price
$
50.50
$
100.72
$
0.40
$
0.65
$
4.10
$
2.75
$
12.00
Revised or
New Unit Price
$
$
$
$
$
$
$
Adjusted
Item Amount
349,359.00
229,540.88
11 ,392.40
11,184.55
176.30
2,037.75
7,728.00
63
City Commission Agenda Packet October 7, 2013
Work Sheet
Totall$
Totatl$ 621,853.981
NET
Decrease
Contract Amount before this Change Order
Contract Amount with all Change Orders to Date
PERCENT
3 of3
Decrease
I$
I$
I$
611,418.881
(10,435.10)
I
I
777,887.04 I
788.322.14
-1.32%1
09/10/2013
City Commission Agenda Packet October 7, 2013
SEPTEMBER NUISANCE NOTICES – COMMUNITY DEVELOPMENT OFFICE
Date
Notice No.
Address
Nuisance Description
Owner/Tenant
Action
08/28/2013
120-13N
1421 Commercial St.
Brush, scattered trash & debris.
Joseph M. & Karen L. Noll/
Richard D. Betts
Administrative order issued.
08/28/2013
121-13N
1405 Commercial St.
Blue 2dr Oldsmobile - no tag, appears inoperable.
Thomas F. Sr. & Bonnie S.
Reese/Alicia F. Tercero
Corrected by owner.
08/28/2013
122-13N
924 N. 10th St.
Vegetation causing vision obstruction looking East from stop
sign.
Edwarda E. Sukow
Corrected by owner.
09/04/2013
123-13N
804 S. 4th St.
tarps, household items, broken garage door, red ATV, tires,
auto parts, scrap metal, trash and debris.
Peter M. Miller et al
Administrative order issued.
09/04/2013
124-13N
1605 S. 6th St.
branches and limbs causing damage to power line by the
garage.
Joseph B. & Gail Y. Clark
Corrected by owner.
09/04/2013
125-13N
720 "N" St.
Tan Mercedes – no tag, flat tires, appears inoperable,
Blue/Black 2 dr – flat tires, no tag, appears inoperable.
Shirley M. Downing
Administrative order issued.
09/04/2013
126-13N
500 Riley St.
pile of trash, scattered debris, dilapidated back porch.
John H. & Ruth A.
Huninghake
Corrected by owner.
09/05/2013
127-13N
930 Kansas Ave.
Dead tree in backyard along west property line.
Pishny Real Estate Services
LLC
Extension granted to 11/1/13.
09/05/2013
128-13N
1127 Laramie St.
Brush, furniture, carpet, household items, scrap wood, scrap
metal, boxes,, scattered trash and debris, damaged roof, the
house is considered inhabitable due to: no water or electric
service.
Elda E. Handke Trust
Administrative order issued.
09/06/2013
129-13N
115 S. 15th St.
Dilapidated shed
Richard L. Sickler Trust/
Charles T. Bird
Corrected by owner.
09/06/2013
130-13N
701 N. 13th St.
Weeds, bushes & trees causing a vision obstruction at the
corner of 13th & Kearney
Michelle L. Lang/
Jerlyn K. Sullivan
Corrected by owner.
09/06/2013
131-13N
1449 S. 7th St.
Trees & bushes causing a vision obstruction at the corner of
S. 7th & College Sts.
Gold Mine Investments Inc./
William W. Page
Corrected by owner.
1
64
City Commission Agenda Packet October 7, 2013
SEPTEMBER NUISANCE NOTICES – COMMUNITY DEVELOPMENT OFFICE
Date
Notice No.
Address
Nuisance Description
Owner/Tenant
Action
09/12/2013
133-13N
437 S. 5th St.
Dilapidated shed
Thomas F. Jr. & Violet K.
Reese
Corrected by owner.
09/18/2013
134-13N
1403 Main St.
Dismantled cages, scrap wood, scrap metal, water filtration
machines, tires, bricks, barrels, large amounts of
miscellaneous outdoor storage, trash and debris.
Matthew B. & Jean L. Baker
Administrative order issued.
09/26/2013
135-13N
1113 Oak St.
Brush, blue tarps, broken chairs, tires, miscellaneous trash &
debris.
Margaret Feek & Stephany
Feek
To be checked 10/07/2013.
09/26/2013
136-13N
914 Atchison St.
Brush
Clemens F. Liebsch, Jr.
To be checked 10/07/2013.
09/26/2013
137-13N
1500 Fox St.
Brush, scrap wood, scrap metal, tires, miscellaneous trash &
debris.
Barbara Stephens
Catherine C. Miller
To be checked 10/07/2013.
09/26/2013
138-13N
1005 George St.
Damaged electrical service, scrap wood, brush,
miscellaneous trash & debris.
Jerry V. Snodgrass, Jr.
To be checked 10/07/2013.
09/26/2013
139-13N
1007 George St.
Brush, tires, metal, miscellaneous trash & debris.
Vivian Ruark & Rebecca
Roland
To be checked 10/07/2013.
09/26/2013
140-13N
219 N. 9th St.
Fallen concrete stairs & wall, scrap wood, miscellaneous
trash & debris.
Roni S. & Amy R. Ettleman
To be checked 10/07/2013.
09/26/2013
141-13N
625 Division St.
Trash & debris. Blue Mirage Coupe - expires tag, appears
inoperable. Tan Winnebago - no tag, unfit for human
habitation.
Gold Mine Investments Inc.
To be checked 10/07/2013.
09/26/2013
142-13N
821 S. 6th St.
Scattered trash & debris.
Mark K. Meudt
Alethea D. Wheat/Emilie J.
Cummins
To be checked 10/07/2013.
2
65
City Commission Agenda Packet October 7, 2013
Date
Notice No.
Address
Owner/Tenant
Action
08/21/2013
242-13W
916 S. 4th St.
Michael W. & Lori A. Sinclair
Corrected by owner.
08/28/2013
243-13W
1523 Main St.
John R. Jacobson
Corrected by owner.
08/28/2013
244-13W
1421 Commercial St.
Joseph M. & Karen L. Noll/
Richard D. Betts
Corrected by owner.
08/28/2013
245-13W
1211 "M" St.
Angela D. Tyler/
Lambert R. Rusan
Mowed by City contractor;
cost billed to owner.
08/28/2013
246-13W
1112 Hickory St.
Ebenezer Baptist Church Trustees/
Tony Carter III
Corrected by owner.
08/28/2013
247-13W
1035 Riley St.
Richard Dean Burge
Corrected by owner.
08/28/2013
248-13W
700 block "M" St., north side
Nate Burnett & Bertha Crawford
Mowed by City contractor;
cost billed to owner.
08/28/2013
249-13W
1414 14th Place
Edward J. & Cheryl A. Barrows
Corrected by owner.
09/04/2013
250-13W
124 N. 2nd St.
Diane Senecal Trust
Corrected by owner.
09/04/2013
251-13W
122 N. 2nd St.
Scott D. Unruh
Corrected by owner.
09/04/2013
252-13W
118 N. 2nd St.
Gordon E. Working
Corrected by owner.
09/04/2013
253-13W
N.W. corner of 5th & "R" Sts. (501 "R"
St.)
Towanda Chapman
Mowed by City contractor;
cost billed to owner.
09/04/2013
254-13W
509 "R" St.
Ranee Chapman
Mowed by City contractor;
cost billed to owner.
09/04/2013
255-13W
802 S. 4th St.
Shannon N. Edgar/Shannon N. McCurrie
Corrected by owner.
09/04/2013
256-13W
804 S. 4th St.
Peter M. Miller et al
Mowed by City contractor;
cost billed to owner.
09/04/2013
257-13W
621 N. 3rd St.
Michael J. & Therese H. Slattery
Corrected by owner.
09/04/2013
258-13W
1605 S. 6th St.
Joseph B. & Gail Y. Clark
Corrected by owner.
66
City Commission Agenda Packet October 7, 2013
Date
Notice No.
Address
Owner/Tenant
Action
09/04/2013
259-13W
720 "N" St.
Shirley M. Downing
Mowed by City contractor;
cost billed to owner.
09/05/2013
260-13W
409 S. 6th St.
Cynthia R. Derrick-McMillin
Corrected by owner.
09/06/2013
262-13W
1603 Commercial St.
Brad A. & Kimberly D. Bottorff
Corrected by owner.
09/06/2013
263-13W
1605 Commercial St.
Mark D. & Mary E. Stecher, Kyle V.
Boos/Cheryl A. Sanders
Corrected by owner.
09/06/2013
264-13W
1607 Commercial St.
Daniel M. & Debra S. Pickman/
Monika Davis
Corrected by owner.
09/06/2013
265-13W
115 S. 15th St.
Richard L. Sickler Trust/
Charles T. Bird
Corrected by owner.
09/06/2013
266-13W
1015 Kearney St.
Scott A. & Victoria L. Vessar
Corrected by owner.
09/06/2013
267-13W
1125 Ash St.
Corey A. & Alison L. Ostertag
Corrected by owner.
09/06/2013
268-13W
1032 Hickory St.
Michael W. & Violet M. Spilman
Corrected by owner.
09/06/2013
269-13W
812 N. 10th St.
Double T Properties LLC/
Richard L. Hamil
Corrected by owner.
09/06/2013
270-13W
1444 S. 8th St.
Will F.Z. Felton
Mowed by City contractor;
cost billed to owner.
09/12/2013
271-13W
925 N. 6th St.
Dave Kruger
Corrected by owner.
09/12/2013
272-13W
512 S. 5th St. - weeds & brush
Riverbend Investments LLC
Mowed by City contractor;
cost billed to owner.
09/12/2013
273-13W
1114 S. 7th St.
Sue Grosdidier
Corrected by owner.
09/12/2013
274-13W
717 N. 11th St.
William F. & Lola J. Wagner
Corrected by owner.
09/12/2013
275-13W
217 N. 2nd St.
Sean P. & Pamela S. O'Donnell/
Theresa Hegarty
Corrected by owner.
09/12/2013
276-13W
623 Park St.
Anna M. Fowler
Corrected by owner.
09/12/2013
277-13W
426 S. 5th St.
Patrick M. Denton
Mowed by City contractor;
cost billed to owner.
67
City Commission Agenda Packet October 7, 2013
Date
Notice No.
Address
Owner/Tenant
Action
09/12/2013
278-13W
500 S. 5th St.
Crystal Haley
Corrected by owner.
09/12/2013
279-13W
500 block S. 5th St., east side
Goldmine Investments Inc.
Corrected by owner.
68
City Commission Agenda Packet October 7, 2013
KANSAS
GAS SERVICE
A DIVISION OF ONEOK
September 30, 2013
Via Certified Mail, Return Receipt Requested
Debra Clem
City Clerk
City of Atchison
515 Kansas Ave.
PO Box 314
Atchison, KS 66002
Re:
Organizational Announcement of Kansas Gas Service, a Division of ONEOK, Inc.
Dear Debra:
Kansas Gas Service, a division of ONEOK. Inc. is pleased to announce that on July 25, 2013, the
ONEOK Board of Directors unanimously authorized management to pursue a plan to separate the natural
gas distribution business into a standalone publicly traded company. The new public company will be
called ONE Gas, Inc., and will consist of Kansas Gas Service, Oklahoma Natural Gas Company, and
Texas Gas Service, and will be headquartered in Tulsa, Oklahoma.
The transaction is expected to be completed in the first quarter of 2014. At that time, ONE Gas will be
one of the largest natural gas utilities in the United States, serving more than 2 million customers in three
states.
The City of Atchison should see no change in the quality of service provided by Kansas Gas Service. Our
customers and communities will continue to receive safe, reliable and environmentally responsible
service. We will continue to invest in and monitor our systems to ensure the safety and integrity of our
assets.
When the transaction is complete, the Franchise Agreement will be transferred and assigned to Kansas
Gas Service, a Division of ONE Gas, Inc. We will notify you when the transfer is complete and provide
you a copy of the Assignment for your records. No action is necessary on behalf of the City of Atchison.
If you have any questions or concerns or would like further information, please contact Joseph Sinnett at
(620) 230-8102.
Sincerely,
Kari L. French
Vice President
Commercial Natural Gas Distribution
KANSAS GAS SERVICE
,421 W. 129th St .. Overland Park, KS 66213·2634
P.O. Box 25957, Shawnee Mission, KS 66225·5957
www.kansasgasserv1ce.com
69
City Commission Agenda Packet October 7, 2013
Division of Environment
Bureau of Water
Public Water Supply Section
1000 SW Jackson -Suite420
Topeka , KS 66612
Kob..:rt Moser, M D. Secretary
Phone : 785-296-5514
Fax: 785-296-5509
www.kdheks.gov
D..:partnwnt
or I kalth &
Em ironment
Sam Bnm nback, Go\'cmor
September 18, 2013
MIKE MATHEWS, PUBLIC WORKS DIR
ATCHISON, CITY OF WATER SYSTEM
515 KANSAS AVE
ATCHISON, KS 66002
Re:
Required Cryptosporidium Treatment by October 1. 2013 for the
Lo ng Term 2 Enhanced Surface Water Treatment Rule (L T2)
This letter is a courtesy reminder regarding yo ur system 's LT2 requirements to begin providing an additional
1-log of Cryptosporidium treatment by October 1. 2013. Any system that fails in any month to achieve required
Cryptosporidium treatment credit will incur a treatment technique violation. and will be required to provide public notice
of the violation to all consumers every 30 days .
According to 40 CFR 141.713 , States may allow up to an additional two yea rs for complying with the
Crypto.\poridium treatment requirement for systems making capital improvements. lf your system will be making capital
improvements in order to comply with LT2, please submit a request for a later compliance due date. Requestors will need
to provide, at a minimum , the following information in their written request:
• which Microbial Toolbox Options the system has chosen to employ;
• which of the Microbial Toolbox Option(s) requires the system to make capital improvements ;
• the name of the engineering/consulting firm with which the system contracted for the capital improvements; and
• the expected completion date for the capital improvements.
If your system already has Microbial Toolbox Options in place and ready to begin providing the required
additional Oyptosporidium treatment, please contact this office immediately so that we may inform you of the record
keeping and reporting your system will be required to perform beginning October 1, 2013.
If you have any questions, please contact me at (785) 3 68-83 36, or by emai 1at dsands({Llkdheks. gov.
Dianne Sands
Public Water Supply
Bureau of Water
Cc: e-file
70
City Commission Agenda Packet October 7, 2013
October 2, 2013
Kansas Department of Health & Environment
Bureau of Water
Public Water Supply Section
Attn: Dianne Sands
1000 SW Jackson- Suite 420
Topeka, KS 66612
Dear Diane,
Atchison WTP was classified as a Bin 2 facility at the conclusion of Cryptosporidium testing that showed a
concentration between 0.075 and 1.0 oocysts/L. As a result, the WTP is required to provide an additional
1-log treatment.
Burns & McDonnell was chosen by the City to design the changes to our treatment process in order to
comply with the LT2ESWTR and have submitted plans to the KDHE for review. The plans include the
following process improvements; 1) Alum coagulant installed prior to the pre-sedimentation basins and,
2) improvements to the dual media filters. A KDHE loan is also in force and referred to as KPWSLF 2566Water Treatment Plant Improvements.
Ozone treatment of the raw water will also be employed; however, no credit is being claimed for this part
of the process change.
The Microbial Toolbox options that will be employed include:
•
Pre-sedimentation basin with coagulation- 0.5 log credit
•
•
Individual filter performance- 0.5 log credit
Combined filter performance- 0.5 log credit
Assuming that a Notice to Proceed is issued by January 1, 2014, we anticipate a completion date, for the
improvements, of February 2015.
Please accept our request for the additional time needed, up to two years, in order to complete
construction on the improvements to the WTP processes.
Michael G. Mathews
Utilities Director
71
City Commission Agenda Packet October 7, 2013
CITY COMMISSION MEETING
CITY OF ATCHISON, KANSAS
COMMISSION ROOM, CITY HALL
SEPTEMBER 16, 2013, 4:30 P.M.
MEMBERS PRESENT:
Mayor David Butler, Commissioners Rita Hartman, Larry Purcell, and Allen
Reavis. Commissioner Jack Bower was absent.
OTHERS PRESENT:
City Manager Trey Cocking, Finance Director/Assistant City Manager Becky
Anderson, Interim Public Works Director Chris Channell, City Clerk Debra
Clem, City Attorney J. David Farris, City Special Counsel for Annexation
Patrick Henderson, Community Development Director Stefanie Leif, Utilities
Director Mike Mathews, Fire Chief Michael E. McDermed, Police Chief Mike
Wilson, Recording Secretary Kathryn Soph, Code Enforcement Officer Curtis
Wheeler and others.
I.
CALL TO ORDER.
Mayor Butler called the meeting to order at 4:30 p.m.
II.
INVOCATION.
Rev. Nancy Kollhoff, United Methodist Church, gave the invocation.
III.
PLEDGE OF ALLEGIANCE.
IV.
PROCLAMATIONS.
None.
V.
PUBLIC FORUM.
Loren Weston, 928 N. 7th St., asked about fishing access to watershed dams that are posted as private
property. Mr. Cocking suggested Mr. Weston contact Public Works Assistant Superintendent
McNemee for information on fishing at watershed dams.
Nate Burnett, 1501 N. 7th St., complained about road dust on “P” Street. Mr. Channell said he would
look into a remedy for the problem.
VI.
NEW BUSINESS.
A.
KANSAS BUSINESS APPRECIATION MONTH AWARDS:
Ms. Leif introduced Lyle Peterson from the Kansas Dept. of Commerce, who presented a Merit
Award to Stresscrete representatives, and a Regional Business Excellence Award to Bradken
representatives.
B.
APPOINTMENT TO THE PARK BOARD:
Commissioner Hartman moved to appoint Chaundra Thornton to serve an unexpired term on the Park
Board to expire July 31, 2016. Commissioner Reavis seconded. The motion carried 4-0.
C.
APPOINTMENT TO THE LIBRARY BOARD:
72
City Commission Agenda Packet October 7, 2013
City Commission Meeting
September 16, 2013
City of Atchison, Kansas
page 2.
Commissioner Reavis moved to appoint Matt Curry to serve an unexpired term on the Library Board
to expire April 30, 2014, seconded by Commissioner Hartman. The motion passed by a 4-0 vote.
D.
APPOINTMENT TO THE ELECTRICAL BOARD:
Commissioner Hartman moved to reappoint Lee Kipple to the Electrical Board, his term to expire on
July 31, 2016. Commissioner Purcell seconded. The motion carried by a 4-0 vote.
E.
A RESOLUTION AS TO WHY THE STRUCTURE LOCATED AT 1017 WALNUT STREET
SHOULD BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED. (Resolution No.
2911):
Mr. Wheeler displayed photos of the house at 1017 Walnut St., and discussed the deficiencies with
the structure. The appraised value is $1,500. Estimated cost to repair exceeds 200% of the appraised
value. Due to the extent of the roof leaking on the back section, the amount of water damage inside
can’t be determined until the damage is torn out. The house has been vacant since 2007. 2009 through
2012 property taxes are unpaid.
Jerome Bratton, 915 N. 12th St., owner of the property at 1017 Walnut, proposed to repair the
structure in phases. He said he could have the electrical service repaired, and repair the roof on the
back portion by October and put up siding. He claimed the electrical and plumbing are up to code,
and that Building Inspector Malcolm Grier told him it would be a shame to let the house be torn
down.
Commissioners inquired why Mr. Bratton had not begun repairs before now. Commissioner Hartman
asked Mr. Wheeler if he had spoken to Mr. Grier. Mr. Wheeler responded that Mr. Grier had given
Mr. Bratton a list of items to correct, but Mr. Bratton had not followed through on any of those items,
so Mr. Grier recommended proceeding with demolition.
Commissioner Hartman asked if Mr. Bratton had a cost estimate to repair the house. Mr. Bratton said
he believed he could fix the house for $5,000.
Commissioner Hartman moved to adopt Resolution No. 2911, seconded by Commissioner Reavis.
The motion carried 4-0.
A RESOLUTION AS TO WHY THE STRUCTURE LOCATED AT 1407 COUNTRY CLUB
ROAD SHOULD BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED.
(Resolution No. 2912):
Mr. Wheeler displayed photos. The property has been repossessed by the mortgage holder. There is
extensive water damage in the back portion of the house, with a great deal of mold in the basement.
A real estate agent who represents of the mortgage company, Wells Fargo, said property is still in a
redemption period. Since the owner’s loan is a Veteran’s Administration-based loan, he has an
extended redemption period before the mortgage company takes possession. She has been trying to
contact the owners to find out if they will sign a release to allow them to take possession before that
extended period runs out.
Commissioner Hartman moved to adopt Resolution 2912 with a completion date of February 28,
2014. Commissioner Reavis seconded. The motion passed 4-0.
73
City Commission Agenda Packet October 7, 2013
City Commission Meeting
September 16, 2013
City of Atchison, Kansas
page 3.
A RESOLUTION AS TO WHY THE STRUCTURE LOCATED AT 723 “R” STREET SHOULD
BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED. (Resolution No. 2913):
Mr. Wheeler displayed photos of the damaged home. The owner has agreed to demolish the home and
will apply for the cost share program.
Commissioner Reavis moved to adopt Resolution No. 2913, seconded by Commissioner Purcell. The
motion carried 4-0.
Mr. Wheeler noted that the house at 723 Price Blvd. has been demolished so there is no need for a
condemnation hearing for that property.
A RESOLUTION AS TO WHY THE GARAGE LOCATED AT 1301 “M” STREET SHOULD BE
CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED. (Resolution No. 2914):
Mr. Wheeler said the owner wants to repair the garage. He had a contractor cleaning up around the
structure that day. Commissioner Reavis asked that the owner commit to a time frame if the repairs
extend beyond 30 days.
Commissioner Hartman moved to adopt Resolution No. 2914, seconded by Commissioner Purcell.
The motion carried 4-0.
A RESOLUTION AS TO WHY THE GARAGE LOCATED AT 420 “R” STREET SHOULD BE
CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED. (Resolution No. 2915):
Mr. Wheeler said the owner plans to remove the garage and may apply for a cost share.
Commissioner Reavis moved to adopt Resolution No. 2915, seconded by Commissioner Hartman.
The motion passed 4-0.
A RESOLUTION AS TO WHY THE GARAGE LOCATED AT 928 N. 7TH STREET SHOULD BE
CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED. (Resolution No. 2916):
Loren Weston, owner of 928 N. 7th St., said he would remove the garage with help of his nephews.
Commissioner Hartman moved to adopt Resolution No. 2916, seconded by Commissioner Purcell.
The motion carried by a vote of 4-0.
F.
A RESOLUTION OF THE CITY OF ATCHISON, KANSAS DECLARING AN INTEREST IN,
AND ESTABLISHING A PUBLIC HEARING DATE FOR CONSIDERING THE ANNEXATION
OF CERTAIN LANDS TO THE CITY OF ATCHISON, KANSAS. (Resolution No. 2919):
Mr. Henderson said the two parcels are owned by Doris Seibenmorgan, with the Pantles holding
equitable interest. These are the next two properties adjacent to previously annexed properties.
Commissioner Hartman made a motion to adopt Resolution No. 2919, setting a public hearing date of
November 18, 2013 for proposed unilateral annexation. Commissioner Purcell seconded. The motion
carried by a 4-0 vote.
G.
INTERLOCAL COOPERATION AGREEMENT RELATING TO FINANCING COUNTYWIDE
SOLID WASTE OPERATIONS AND JOINT COMMUNICATIONS OPERATIONS WITH
74
City Commission Agenda Packet October 7, 2013
City Commission Meeting
September 16, 2013
City of Atchison, Kansas
page 4.
REVENUES DERIVED FROM COUNTYWIDE RETAILERS' SALES TAX. (Ordinance No.
6459):
County Commissioner Jeff Schuele summarized the interlocal cooperation agreement. The agreement
term is one complete budget year. All of the cities within Atchison County would dedicate 41% of
the revenue realized from the county-wide sales tax to fund solid waste and joint communications.
Atchison County would dedicate 66.5%. The County would impose a tipping fee not to exceed $35
per ton for solid waste.
Commissioner Reavis felt that City residents are paying a penalty because a tipping fee would be
imposed on their service, but County residents who haul their own refuse to the transfer station would
not likely exceed the minimum amount to be charged. City of Atchison residents are the only citizens
in the county whose trash service is mandated.
There was no action taken on Ordinance No. 6459. Commissioners directed the City Manager to
place this as an agenda item on the October 7th meeting.
H.
AUTHORIZE DESIGN OF FLOOD GATE IMPROVEMENTS:
Mr. Mathews and Bill Nash, Burns & McDonnell Engineers, discussed the need for flood gate
improvements to avoid sewer bypasses. The gates would be used when the river levels are high
during dry weather. The improvements would automate the gates with an instrumentation system at
each gate to gauge the water levels on both sides. There are surplus funds available for these
improvements from the loan for the force main and north headworks project. This was the highest
priority on a list from KDHE of recommended improvements.
Commissioner Purcell questioned the need for this expense. He suggested purchasing the type of
portable machine that was used during tests to mechanically close the gates.
Commissioner Reavis made a motion to authorize Burns & McDonnell to design the flood gate
improvements for an amount not to exceed $91,476. Commissioner Hartman seconded the motion,
which passed by a 3-1 vote, with Commissioner Purcell opposed.
I.
A RESOLUTION SETTING A FEE FOR THE FOR-PROFIT BUSINESS USE OF DOWNTOWN
CITY-OWNED PARKING LOTS IN THE CITY OF ATCHISON, KANSAS. (Resolution No.
2917):
Commissioner Hartman moved to adopt Resolution No. 2917. Commissioner Reavis seconded. The
motion carried 4-0.
VII.
COMMUNICATIONS.
A.
AUGUST 2013 CITY OF ATCHISON FINANCIAL STATEMENTS.
Commissioner Reavis asked about sales tax collections. Ms. Anderson said sales tax proceeds are
running behind last year’s levels.
B.
ATCHISON HOUSING AUTHORITY MINUTES FROM THE JULY 8 AND JULY 18, 2013
MEETINGS.
C.
MAY 2013 ATCHISON COUNTY BUDGET REPORTS.
75
City Commission Agenda Packet October 7, 2013
City Commission Meeting
September 16, 2013
D.
VIII.
City of Atchison, Kansas
page 5.
ATCHISON LIBRARY BOARD MINUTES FROM JULY 22, 2013 AND JULY 2013
DIRECTOR’S REPORT.
CONSENT AGENDA
A.
APPROVE THE MINUTES FROM THE ATCHISON CITY COMMISSION MEETING OF
SEPTEMBER 3, 2013.
B.
A RESOLUTION AMENDING RESOLUTION NO. 2888 OF THE CITY OF ATCHISON,
KANSAS, WHICH AUTHORIZED AND PROVIDED FOR THE CONSTRUCTION OF
IMPROVEMENTS TO THE ATCHISON HERITAGE CONFERENCE CENTER, AN EXISTING
PUBLIC BUILDING IN THE CITY OF ATCHISON, KANSAS; AND PROVIDED FOR THE
PAYMENT OF THE COSTS THEREOF. (Resolution No. 2918).
C.
APPROVE JAMES BEWLEY DEMOLITION COST SHARE AGREEMENT, 723 PRICE BLVD.
D.
APPROVE PAT MAXWELL DEMOLITION COST SHARE AGREEMENT, 1119 KANSAS AVE.
E.
APPROVE THE OCCUPATIONAL LICENSES UPON COMPLETION OF INSPECTION
REQUIREMENTS FOR:
1.
LOPEZ DE MEXICO, 112 SOUTH 6TH ST., ANNE PRUETT.
2.
PAOLUCCI’S RESTAURANT, 113 SOUTH 3RD, MARGIE BEGLEY.
Commissioner Reavis moved to approve the Consent Agenda, seconded by Commissioner Hartman.
The motion carried by a 4-0 vote.
IX.
INFORMATIONAL ITEMS.
Mr. Cocking said the 4th & Main traffic signals need $4,100 for parts to upgrade. He had feedback
from citizens asking that the traffic signals be removed and replaced with a four-way stop. KDOT has
no problem with removing the signals. The only concern is how stop signs would affect traffic flow
off the tracks when a train is coming. The Commission directed City Staff to do a three-week trial
with a four-way stop.
KDOT has tentatively set September 30th as the implosion date for the old Amelia Earhart Bridge.
Mr. Cocking noted this would be Mr. Channell’s last meeting as Interim Public Works Director and
commended him for an outstanding job.
X.
GOVERNING BODY COMMENTS.
Mayor Butler inquired about a meeting scheduled for the following day. Ms. Leif said this was a
regional comprehensive economic development strategy work session. Mo-Kan Regional Council
updates the strategy every five years, and this is the work session for Atchison and Doniphan
Counties.
XI.
PUBLIC FORUM.
No comments.
76
City Commission Agenda Packet October 7, 2013
City Commission Meeting
September 16, 2013
XII.
City of Atchison, Kansas
page 6.
EXECUTIVE SESSION.
A.
AN EXECUITVE SESSION FOR CONSULTATION WITH AN ATTORNEY FOR THE BODY
OR AGENCY WHICH WOULD BE DEEMED PRIVILEGED IN THE ATTORNEY-CLIENT
RELATIONSHIP:
Commissioner Reavis moved to recess into executive session at 6:20 p.m. for 30 minutes, seconded
by Commissioner Hartman. The motion passed 4-0.
XIII.
ADJOURNMENT.
The meeting adjourned at 7:10 p.m.
Approved this ____ day of __________, 2013.
Debra A. Clem
City Clerk
77
City Commission Agenda Packet October 7, 2013
Community Development Office
515 Kansas Avenue, Atchison, KS 66002
Phone (913) 367-5560 • Fax (913) 367-3092
PROMISSORY NOTE (50/50)
FOR VALUE RECEIVED, the undersigned, City of Atchison, promises to pay to the order of
Robert K. and Rita B. Hunter, one half of the principal sum (not to exceed $4,000.00) for $1,150.00
Dollars for the demolition and site clearance of a structure (house) and lot located at 723 'R' St.,
Atchison, Kansas:
South Atchison, S06, T06, R21 E, Block 7, W6.67' LT 12 & E26.67' LT 13
Owner must provide prior to agreement being accepted (attach copies to paperwork):
1.
2.
3.
Proof of property ownership
Identification
3 bids from 3 different bonded demolition contractors
Demolition must occur within 90 days of the approved application. After completion of the
demolition, owner shall submit:
a. a canceled check in the amount for the approved qualifying expenses; and
b. approval of the demolition official that the site has been cleared.
The City will reimburse the property owner within 30 days receipt of the proof of
demolition.
City DemolitiOn OffiCial
~--~0)]\~~
ConTTJJnlty Development Director
x~-'
T'ey~~
City Manager
1
78
City Commission Agenda Packet October 7, 2013
COMMUNITY DEVELOPMENT OFFICE
515 Kansas Avenue, Atchison, KS 66002
Phone (913) 367-5560 • Fax (913) 367-3092
COVER SHEET
DEMOLITION ADDRESS: _ _:_1::::_'2:_;3:::___.'~c::,__''_ _ _ __
OWNER NAME(Print):
OWNER NAME(Signature):
~bt.r R, d.,v~d.
~~~/~~~
6',_1'J_.- - _ :_~_: ,_f:_./.;:. : :,S~;e_: : . :V,:.:_'/.: .:£oc/:. :_--l:./)0:::..'
· ~.£,
OWNER ADDRESS: _ _ _
PHONE NUMBER:(Home),_
__,~~~.t...7_-_:_,Z_.:_(,_CJ_:8:___ __
(Cell)• _ _ _ _ _ _ _ _ _ __
79
City Commission Agenda Packet October 7, 2013
·smA"fEMENI'
lfO~moJIIJon Contra~ors Exem~tlng·Gntdlng.Haullng.Crane
BROX CONTRACTING LLC
1502 N 2NDST
ATCHISON, KS 66002
913·367·3434
-7J3.'BSt
TEAMS:
PLEASE DETACH AND RETURN WITH YOUR REMITTANCE
IN'l(OICE NUMBER I DESCRIPTION
BALANCE FORWARD
CHARGES
CREDITS
C>
(/
I
THANK YOU
80
PAY LAST AMOUNT
lt1 THIS COLUMN
City Commission Agenda Packet October 7, 2013
Page No.
of
Pages
Asphalt Paving & Repairs
Seal Coating
5791 Hunter's Lnd. Rd. • Atchison, KS 66002 • Ph: 913-367-1156 or'913-426-2892
'>_1,
/
·~
:;
CITY, 'STA!~ AND 'ZIP
·co,o£
ARCHITECT
DATE Of PLANS
We hereby submit specifications and estimates for:
'-~~~
f_G.U-1,
Jlllr
Jrnpnai: h~·teby t6 'tJ(~isti
m~tkriat~~d
labor - complete in accordance with above specifications. tor the sum of:
).
AU material is guaranteed to be as specified. AU work to be completed iil a workmanlike
manner llccordlng to standard practices. Any alteration or deviation from above speclfica·
tlons involving extra costs will be executed only upon written orders, and will become an
extra charge over and above the estimate. AU agreements contingent upon strikes, accidents
or delays beyond our control. Owner to carl)' fire, tornado and other necessal)' Insurance.
Our workers are fully covered by Workmen's Compensation Insurance,
..2\ttl'pUttu't Jtf JtJttfJtJIUl- The above prices, specifications
and conditions are satisfactory and are hereby accepted. You are authorized
to do 1he work as specified. Payment will be made as outliried above.
Authorized
(\
·
'-/ I· fJ
Signature --r·pj,J""/"'"J.''"''~=-=·u.ll"-<<.1;-"S~'- - - - - - - - - - - -
U
Note: This proposal may be
withdrawn by us if not accepted withln--->...':1.U7________ days.
Signature----------------------
Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Date of Acceptance: - - - - - - - - - - - - - - - - - - - - -
81
City Commission Agenda Packet October 7, 2013
MARLATT CONSTRUCTION CO., INC.
17588 274th Road
Atchison, KS 66002
(913)-367 -3342
Fax (913)-367-7983
[email protected]
i
Name I Address
Estimate#
Date
766
8/29/2013
l3obby Hunter
1!15 Riverview Drive
f.tchison, KS 66002
Project
Job Location
723 R. Street, Atchison
Description
Qty
fTEAR DOWN, HAUL OFF, AND DISPOSE OF 24' x 36' HOUSE STRUCTURE AT ABOVE
.1<-.DDRESS.
Cost
4,650.00
'i
An asbestos Inspection and rem ova! If needed must be completed by owner prior
$4,650.00
Subtotal
to us beginning work. Any changes made to this proposal make it null and void.
Estimate is good for30 days.
1----------------l
Sales Tax (7.4%)
$0.00
Total
Signature
82
$4,650.00
City Commission Agenda Packet October 7, 2013
OCCUPATIONAL LICENSE APPLICATION
hereby apply for a license to retail alcohol in conformit y wit h the law s of the State of Kansas
1nd the rules and regulations prescribed and hereafter t o be prescribed by you relating to t he
.ale or distribution of alcoholic beverages; for the purpose of securing such license, I make the
following statements under oath:
1)
Name of pro nosed licensee:
Date
Cj_ _. // - ~l;
~
_ __ b
J-.
:--1
Placeofbirth
1/cl• vf. { £ r-------=--
'--/Yll{ 11-itf C S
-
(!A~)L Q S
0
Date of birth
)
Bus.
Phone#----+i ........
U
&4c l.;.:. z_
/1-- £''-7
/_3
"'---"""""--"~--
city & St ate
Residence address
Street address, City, State, Zip Code
C) C1
How many years have you been a resident of Kansas
s'
111
Cl..f,L
(p =/
Cell Phone
5-!--
u ;ft
q( j
3~ 7' fc'/3 7
.{.___.-4<. :,.__
k
.a_./
The building to be used is
Business will be conducted under the followin9 name:
C/Ju n.t.(Cc ' t:
4)
U t;.'-AL.- v
I am a citizen of the United States of Amerioa /
My citizenship arises by birth
V
Naturalization
- - - --
My place of naturalization and the date thereof is as follows :
---------- -------------
5)
I have
have not
the date of this application.
6)
I have
have not
- - - been convicted of a felony within two years immediately preceding
L
been convicted of a crime involving moral turpitude within two years
immediately preceding the date of this application.
7)
I have
have not
J
been adjudged guilty of drunkenness within two years immediately
preceding the date of this application.
8)
I have
have not
~en adjudged guilty or entered a plea, or forfeited bond to a charge
of driving a motor vehicle while under the influence of intoxicating liquors within two years immediately
preceding the date of this application.
1
83
City Commission Agenda Packet October 7, 2013
OCCUPAl: ONAL LICENSE APPLICATION
9)
have not
lhave
-+-T--
been convicted of a violation of any state or federal intoxicating
liquor law within two years immediately preceding the date of this application.
10) My place of business will ~Lcted by a manager or agent
Yes
No
----
Said manager or agent does ~does not
have th
ualifications to have a
license issued in his own name. TYesame to be determined by reference to K.S.A. 41,2703,
K.S.A. 41-2702. Specifics concerning his residence, citizenship, and the answers to questions 5-9
are as follows:
11)
I have
l /havenot
- - - been a resident of this State for at least one year immediately
preceding making this application.
~would not
be eligible to receive a retailer's license.
----
12) My spouse would
13)
Fee $250
This application is for a license to:
- - - - Retail liquor beverages for consumption on premises.
Fee $300
Fee $100
I,
-
1 /Yetailliquor beverages in original and unopened containers not for consumption on premises.
Retail liquor beverages for consumption on premises (Private Club).
m1L J1J.t f L s HUi"Lt..{ I~
' the above named applicant, hereby agree to comply with
all of the laws of the State of Kansas, and all rules ana regulations prescribed by you, and hereafter to be prescribed by
you, relating to the sale or distribution of liquor beverages, and do hereby agree to purchase all liquor beverages
from a wholesaler licensed and bonded under the laws of the State of Kansas, and do hereby consent to the immediate
revocation of my liquor license, by the proper officials, fort
true, So help me God.
SUBSCRIBED AN ~~'i'R~~~IIJIJIIII!Iil~""'-!!11!!1;\ _ ...........___,_day of
MARY LOU COOPER
MY COMMISSION EXPIRES
.Mle8, 2014
My commission expires on the
APPLICATION APPROVED this
~ -, ~
----
day of
day of
J) [ 1'1,
..,?>.
\ • '""' f
aracter of official administering oath)
,~ U .._) r-_
- -- - -- -
20 I ~
20
Note: A photocopy of the completed form, together with the application fee required by K.S.A. 2001 Supp. 41-2702( e),
must be submitted to the Division of Alcoholic Beverage Control Bureau, Kansas Department of Revenue.
2
84
City Commission Agenda Packet October 7, 2013
OCCUPATIONAL LICENSE APPLICATION
.f..,
_
hereby apply for a license to retail alcohol in conformity with the laws of the State of Kansas
. --
~ t\ILrl l ~
~ tf?As
tnd the rules and regulations prescribed and hereafter to be prescribed by you relating to the
.ale or distribution of alcoholic beverages; for the purpose of securing such license, I make the
following statements under oath:
1)
Name of proposed licensee: -
----
uq ~ ':. ) "~,
Date
-:
1 ~~.-kL-
F
Date of birth '-\
1 1..
I )I'
Bus.
-----1~-'-------'~-
1
Place of birth
[
h
\-- (i
r - r ; )
City & State
~ 't--(
Residence address
t/
r'
Phone #
:it h-\ \ \
-t,
r I \(1
e' ]\' V ,.._ fr r
I r
) ,, L··l"''" · c
Street address, City, Statd Zip Code
How many years have you been a resident of Kansas
2)
C' \d
The premises are located at
1\ \
,--..
Legal description of property
~
\f ~
~6._,
Street address
Cell Phone
c l,· ·;_ e:;
r'
.-
c\
,'-J\..:..:,>:....;f',._;,_"""'r""'...._-----'i._i_l....;,_,1r. -=
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= ..."'---~.... .:.·-
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The building to be used is
Business will be conducted under the following name:
~ ..).._i\~\.\.'>
3)
L~\_, t>..-~~
The name and address of the owner or owners of the premises upon which the proposed business
islocated:
4)
1~>i-._j,_\,
\ ."..J.&.\ t: ,'---\J:-0\' ~
\\ .:_~c.~~ ,,~t-1
AS.c\\-. ~- ~""':'-\.. ~,\ ti SO'rl.
I am a citizen of the United States of America
My citizenship arises by birth
Yes
I
----
!have
• '
3 ~"'-~' i -¥-\-\~ k.\":.v1 ·
•.
No
Naturalization
My place of naturalization and the date thereof is as follows:
5)
I
\\a\<.
-----------------------------
have not _ _-(_been convicted of a felony within two years immediately preceding
the date of this application.
6)
I have
have not
- - - been convicted of a crime involving moral turpitude within two years
immediately preceding the date of this application.
7)
I have
·)(.
have not _ _ _ been adjudged guilty of drunkenness within two years immediately
preceding the date of this application.
8)
I have
have not
\..
been adjudged guilty or entered a plea, or forfeited bond to a charge
of driving a motor vehicle while under the influence of intoxicating liquors within two years immediately
preceding the date of this application.
1
85
City Commission Agenda Packet October 7, 2013
OCCUPATIONAL LICENSE APPLICATION
9)
have not
I have
__
l
__;.
been convicted of a violation of any state or federal intoxicating
liquor law within two years immediately preceding the date of this application.
10) My place of business will be conducted by a manager or agent
Yes
Y
No
If the answer to this question is yes, the name, age, and residence of manager or agent is
Said manager or agent does
----- does not--------- have the qualifications to have a
license issued in his own name. The same to be determined by reference to K.S.A. 41,2703,
K.S.A. 41-2702. Specifics concerning his residence, citizenship, and the answers to questions 5-9
are as follows:
11) I have
l
have not
--- been a resident of this State for at least one year immediately
preceding making this application.
12) My spouse would
would not
----- be eligible to receive a retailer's license.
13) This application is for a license to:
Fee $250
K Retail liquor beverages for consumption on premises.
----
Fee $300
Retail liquor beverages in original and unopened containers not for consumption on premises.
Fee $100
Retail liquor beverages for consumption on premises (Private Club).
1,
·~ ~ ~
~, ~ ~
, the above named applicant, hereby agree to comply with
31l of the laws of the State of Kansas, and all rules and regulations prescribed by you, and hereafter to be prescribed by
tou, relating to the sale or distribution of liquor beverages, and do hereby agree to purchase all liquor beverages
rom a wholesaler licensed and bonded under the laws of the State of Kansas, and do hereby consent to the immediate
STATEOFKANSAS,COUNTYOF_~~~·~
\~~~~~~~,-)~1~~~·'~~~------------
\_~_·_-_\_....·_'---___-~_-=-~·:....._±\~~\..:~;;.:J.:;.._>--_----U--......;.::\__;.r_Q
___;;::,___-'-, the above named applicant, do solemnly swear
1, ____
ring oath)
PPLICATION APPROVED this
day o f - - - - - - - -
20
ote: A photocopy of the completed form, together with the application fee required by K.S.A. 2001 Supp. 41-2702(e),
ust be submitted to the Division of Alcoholic Beverage Control Bureau, Kansas Department of Revenue.
2
86