Commission Action Report - City of Atchison, Kansas

Transcription

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City Commission Packet June 2, 2014
CITY OF ATCHISON
______________________________________________________________
MEETING OF THE CITY COMMISSION
AGENDA - REGULAR MEETING
JUNE 2, 2014, 4:30 P.M.
COMMISSION CHAMBERS
ATCHISON CITY HALL
ORDER OF BUSINESS
CALL MEETING TO ORDER
INVOCATION
Pastor Ken Watkins, New Life Assembly Church
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
JUNETEENTH CELEBRATION MONTH
PUBLIC FORUM
NEW BUSINESS
1. MO-KAN REGIONAL COUNCIL APPOINTEES
Presented by: Stefanie Leif, Community Development Director.
RECOMMENDED ACTION: Appoint Stefanie Leif and one elected or chief appointed
official to the Mo-Kan Regional Council Board to replace citizen members Lois Akers and
David Geenens.
2. PUBLIC HEARING ON ANNEXATION OF TRACT OF LAND AND ADOPTION OF
ORDINANCE NO. 6478
Presented by: Pat Henderson, Special Counsel on Annexation.
RECOMMENDED ACTION: Conduct public hearing and adopt Ordinance No. 6478.
3. RESOLUTION NO. 2953: AUTHORIZATION TO OFFER SALE OF GENERAL
OBLIGATION BONDS
Presented by: Becky Anderson, Finance Director/Asst. City Manager.
RECOMMENDED ACTION: Adopt Resolution No. 2953 authorizing a $4,555,000 bond
sale offer and setting a sale date of June 16, 2014.
4. RESOLUTIONS 2946 – 2951, DEMOLITION HEARING FOR 1010 WALNUT ST.,
1117 N 10TH ST., 304 N. 4TH ST., 1035 RILEY ST., 1614 COMMERCIAL ST., AND
1527 KANSAS AVENUE
Presented by: Curtis Wheeler, Code Enforcement Officer.
RECOMMENDED ACTION: Adopt Resolutions 2946 – 2951.
5. RESOLUTION NO. 2954: SUPPORT FOR THE NEXT GENERATION
INNOVATION CENTER
RECOMMENDED ACTION: Adopt Resolution No. 2954.
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6. ECONOMIC DEVELOPMENT MARKETING UPDATE
RECOMMENDED ACTION: Receive and file.
7. RESOLUTION NO. 2952: KLINK US-73 HIGHWAY RESURFACING
Presented by: Justin Pregont, Public Works Director.
RECOMMENDED ACTION: Adopt Resolution No. 2952 authorizing the Mayor to sign
Agreement No. 264-14 with the Kansas Department of Transportation for Project No. 73-03
U-0173-01.
8. SURVEY SERVICES FOR STORMWATER REPAIR PROJECT
RECOMMENDED ACTION: Authorize the City Manager to enter into an agreement with
Shafer, Kline, and Warren for an amount not to exceed $11,500 for the completion of
topographical site survey work.
9. DAM #24 DRAWDOWN REPLACEMENT
RECOMMENDED ACTION: Award the bid to Engemann Drainage Co. in the amount of
$23,490.
COMMUNICATIONS
Presented by: Trey Cocking, City Manager.
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f.
g.
h.
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k.
KDHE Consent Agreement KWPC Permit No. M-MO01-1O01
Atchison Housing Authority Minutes – April 14, 2014
Atchison Planning Commission Minutes – May 7, 2014
The Live Well Live Atchison Team – Quality of Life – Sidewalks in Atchison
2015 Budget Process Calendar – Revised
2014 Pool Season Schedule & Fees
April 2014 Financial Statements
Solid Waste/Recycling Collection RFP Results
May Nuisance Notices and Weed Notices – Community Development Office
FEMA correspondence regarding the National Flood Insurance Program
Kansas Department of Commerce 2014 Business Appreciation Month Winners
CONSENT AGENDA
Presented by Trey Cocking, City Manager.
a. Approve the minutes from the Atchison City Commission meeting of May 5,
2014.
b. Approve Paolucci’s Street Dance for June 7, 2014.
c. Approve Cost Share Demolition for 419 Smith.
d. Approve Cost Share Demolition for 709 Washington.
e. Authorize City Manager to enter into two contracts with Alpha Omega Geotech,
Inc. to perform concrete testing services.
f. Authorize Fire Department Kitchen Renovation Project
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g. Approve the Occupational Licenses upon completion of inspection requirements
for:
a. Bender’s, 733 Commercial, Michael Shifflett.
b. Raven Liquor, 1800 Main, Russ McCort.
RECOMMENDED ACTION: Approve consent agenda as presented.
INFORMATIONAL ITEMS
1. Budget Workshop June 9th at 5:15 pm.
GOVERNING BODY COMMENTS
Mayor Dave Butler
Vice Mayor Allen Reavis
Commissioner Larry Purcell
Commissioner Rita Hartman
Commissioner Jack Bower
PUBLIC FORUM
EXECUTIVE SESSION
1) AN EXECUTIVE SESSION FOR PRELIMINARY DISCUSSIONS RELATING TO
THE ACQUISITION OF REAL PROPERTY.
RECOMMENDED ACTION: Recess into executive session stating at which time the open
meeting will resume.
ADJOURNMENT
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Commission Action Report Title: Mo‐Kan Regional Council Appointees Proposed Agenda Date: June 2, 2014 Presented by: Stefanie Leif, AICP, Community Development Director BACKGROUND:  Several months ago the City Commission appointed three (3) new members, all members of the Atchison community, to represent the City of Atchison on the Mo‐Kan Regional Council Board. Staff recently became aware that the Mo‐Kan Regional Council bylaws dictate that only one community citizen can serve as a representative, and the other two shall be elected or chief appointed officials. The following is an excerpt from the Mo‐Kan bylaws: KANSAS ‐ The Kansas membership shall be entitled to eleven (11) representatives, all of whom shall be elected public officials, or chief appointed officials and allocated as follows: 5 ‐ Representatives from Doniphan County 2 ‐ Representatives from the City of Atchison 2 ‐ Representatives from Atchison County 1 ‐ Representative from the City of Hiawatha 1 ‐ Representative from the City of Morrill CITIZEN VOTING MEMBERS ‐ The following citizen members, representative where practical, low income, minority groups, school boards, service clubs, and a similar organization, shall be voting members and shall serve for a term of two (2) years. KANSAS 2 ‐ Members appointed by Doniphan County Commissioners 1 ‐ Member appointed by Mayor of City of Atchison 1 ‐ Member appointed by Atchison County Commissioners 1 ‐ Member appointed by Municipalities of Brown County, Kansas Thus, since the City Commission appointed three citizen members, Lois Akers, David Geenens, and Brian Henry, two of these must be replaced by elected or appointed officials. Staff recommends the following:  Stefanie Leif, Community Development Director will move from an Atchison County appointee to a City appointee and replace Lois Akers. Ms. Akers currently serves a consulting role for the 1 7
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planning and grant application for the Next Generation Innovation Center, a technology and arts incubator, and will continue to be involved in Mo‐Kan projects in this capacity. The Commission may appoint an elected or appointed official to replace David Geenens. Mr. Geenens has been appointed as the Atchison County citizen appointee and will continue his involvement in Mo‐Kan representing our county. Brian Henry will continue to serve a two (2) year term as the City’s citizen member. FINANCIAL CONSIDERATIONS: 
Atchison County currently contributes the funding for both the County’s and City’s membership in Mo‐Kan as part of an agreement made at the time the Atchison County Economic Development Board was dissolved by the City and County. LEGAL CONSIDERATIONS: None at this time. POLICY CONSIDERATION: 
The reorganization of the City of Atchison’s Mo‐Kan Regional Council appointees will allow the board membership to be in compliance with the organization’s bylaws. RECOMMENDED ACTION: 
Appoint Stefanie Leif and one elected or chief appointed official to the Mo‐Kan Regional Council Board to replace citizen members Lois Akers and David Geenens. 2 8
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Commission Action Report Title: Public Hearing on Annexation of Tract of Land and Adoption of Ordinance No. 6478 Proposed Agenda Date: June 2, 2014 Presented by: Pat Henderson, Special Counsel on Annexation BACKGROUND: 
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The City is proposing the annexation of a tract of land located on the southwestern edge of the City. The tract is located on US‐59 and adjoins the City. The City prepared an annexation plan and adopted Resolution 2493 on March 24, 2014, setting June 2nd as the public hearing. The land proposed for annexation is owned by Tara Servaes & Robert M Hundley. The annexation will result in a property tax increase of $38.66 annually. FINANCIAL CONSIDERATIONS: 
The annexation will result in additional tax revenue of $38.66, but will result in additional attorney’s fee for legal work on this annexation. LEGAL CONSIDERATIONS: 
The authority to unilaterally annex property is granted to the City under KSA 12‐519 et seq. The resolution and service plan were drawn up and reviewed by Special Counsel on Annexation. POLICY CONSIDERATION: 
This will allow the Commission to continue its goal of annexing substantially urban properties located adjacent to the city limits. RECOMMENDED ACTION: 
Conduct public hearing and adopt Ordinance No. 6478. 9
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(FIRST PUBLISHED IN THE ATCHISON DAILY GLOBE ______________________)
ORDINANCE NO. 6478
AN ORDINANCE ANNEXING LAND PURSUANT TO K.S.A. 12-520 (a)
__________________________________________________________________
WHEREAS, on March 24, 2014 the governing body of the City of Atchison,
Kansas adopted Resolution No. 2943, indicating the City of Atchison’s intent to consider
the annexation of a land described therein; and
WHEREAS, at that same time a Report setting forth Plans for Extension of
Services to the area proposed to be annexed was prepared as required by K.S.A. 12520b; and
WHEREAS, a copy of the said Report setting forth Plans for Extension of
Services was placed on file with the office of the City Clerk at 515 Kansas Avenue,
Atchison, Kansas, and has been available for inspection during regular office hours, and
a copy of the said Report has been made available for public inspection on the City of
Atchison’s website; and
WHEREAS, within 10 days the Community Development Director of the City of
Atchison submitted the said resolution to the City of Atchison Planning Commission,
along with a copy of the Plan for Extension of Services; and
WHEREAS, The Planning Commission of the City of Atchison reviewed the
proposed annexation at a meeting held on May 7, 2014, and made findings that the
proposed annexation was compatible with the City’s Comprehensive Development Plan
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for the Atchison Area 2004 to 2015; and
WHEREAS, within ten days after adoption of the Resolution of Intent, the City of
Atchison duly caused to be mailed, by certified mail, a copy of the said Resolution and
sketch of the area proposed to be annexed to all owners of land within the area
proposed to be annexed and other interested parties and entities prescribed in K.S.A.
12-519 et seq.; and
WHEREAS, a copy of the said resolution and a sketch of the area proposed to
be annexed was published in the Atchison Daily Globe on May 24, 2014; and
WHEREAS, a public hearing was set for June 2, 2014 at 4:30 p.m. in the City
Commission room, City Hall, 515 Kansas Avenue, Atchison, Kansas, during which the
proposal for annexation, including the plan for extension of municipal services, was
presented and comments from all interested parties was heard; and
WHEREAS, the governing body of the City of Atchison, Kansas has considered
the plan for extension of municipal services, the comments from interested parties, the
factors set forth in K.S.A. 12-520a (e), as amended, the factors set forth in K.S.A. 12521a, the good of the City of Atchison, and many other factors; and
WHEREAS, the governing body of the City of Atchison, Kansas, after due
consideration, finds as follows:
a. The land proposed for annexation meets one or more of the conditions
set forth in K.S.A. 12-520 (a), which permits the unilateral annexation
by the City of Atchison.
b. Proper notice has been given to all interested parties as required by
K.S.A. 12-520a.
c. None of the land in the area proposed for annexation is devoted to
actual agricultural use. The land is devoted to residential use, which
would be allowed under present zoning.
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d. The land has been considered in its proximity to platted or unplatted
land.
e. Because of common topography, natural boundaries, storm and
sanitary sewers, drainage basins, transportation links and other
physical characteristics, the area proposed for annexation shares
many common interests with the City of Atchison, Kansas.
f. The land is located adjacent to highway land, which is similar in
character to the adjacent property already located within the City of
Atchison.
g. The population of the area is not expected to change significantly
during the next five years.
h. The business, commercial and industrial development in the area
proposed for annexation is similar in character to the adjacent property
already located within the City of Atchison.
i.
The plan for the extension of governmental services and regulatory
controls as set forth in the plan for extension of services appears
reasonable and feasible.
j. Atchison County, which has declined to adopt any county-wide zoning,
has no regulatory control over the area proposed for annexation.
k. The cost of extending governmental services to the area proposed for
annexation will not have a detrimental effect on the budget of the City
of Atchison.
l.
The residents of the area appear to be directly or indirectly dependent
upon the city for governmental services and for social, economic,
employment, cultural and recreational opportunities and resources.
m. Annexation of the area proposed for annexation will increase real
estate taxes in the area proposed for annexation.
n. The proposed annexation would not have a negative impact on any
other city, nor would there be a significant negative impact on any fire
district or township. There are no sewer districts, improvement districts
or industrial districts that would be impacted by the annexation.
o. There are no current petitions for the incorporation of a new city or for
the creation of a special district that will be affected by the annexation;
p. During the next five years little growth is likely to take place in the area
proposed for annexation.
q. The area proposed for annexation is already served by public utilities.
The area is currently served by the City of Atchison’s water service.
r. The governing body of the City has considered the economic impact
on the area proposed for annexation to be annexed.
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s. The governing body of the City has considered the wasteful duplication
of services in the area to be annexed. The governing body of the City
believes that annexation will assist in the reduction of wasteful
duplication.
t. Each of the tracts of land considered for annexation is located within a
fire district.
u. The response time of the City of Atchison Fire Department is vastly
superior to the response time of the volunteer fire department of each
fire district to the area proposed for annexation.
v. No fire district would be appreciably impacted by the decrease in tax
base because of annexation.
w. Annexation of these lands provides for a more efficient delivery of fire
protection services to the area proposed for annexation.
x. The residents of the area proposed for annexation would be benefited
by improved fire protection.
y. The ability of the fire district to provide fire protection would not be
adversely impacted by the annexation of the area proposed for
annexation.
z. Annexation of the area proposed for annexation is reasonable.
aa. Annexation of the area proposed for annexation is in the best interests
of the City of Atchison.
WHEREAS, the governing body of the City of Atchison, Kansas, finds it advisable
to annex such land.
NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE
CITY OF ATCHISON, KANSAS:
SECTION 1. That the following described lands, meeting the conditions for
annexation prescribed by law, are hereby annexed and made a part of the City of
Atchison, Kansas:
Tract 1
03-092-10-0-00-04-013.00
Part of the Northeast Quarter of Section 10, Township 06, Range 20 East,
beginning 220’ West and 1970’ Southwest of the Northeast corner, thence
Southwest 70’, Northwest 46.02’ Northeast 70’, Southeast to the point of
beginning.
Right of way The annexation also includes that portion of the railroad right of way north
of US Highway 59 from the current west City Limits to the extension of the
west line of that property known as 10530 Highway 59.
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SECTION 2. This ordinance shall take effect and be in full force from and after
publication.
PASSED AND APPROVED by the governing body of the City of Atchison,
Kansas, this 2nd day of June, 2014.
_________
_________________________
David W. Butler
MAYOR
ATTEST:
_____________________________
DEB CLEM
CITY CLERK
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Proposed Annexation
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FireHydrants
Manholes
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10530 US HWY
59, Atchison,
KS 66002 R
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Driveways
Railroads
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Time: 3:30:36 PM
Date: 3/11/2014
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Buildings
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Agricultural Use
Vacant Lot
Commercial
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240
AT
Servaes / Hundley Property
AnnexationR 2014-59 - West , Atchison KS
EXHIBIT 2
US HIGHWAY 59
US HIGHWAY 73
US
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VICINITY MAP
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RESOLUTION NO. 2943
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
WHEREAS, the governing body of the City of Atchison, Kansas is considering
the unilateral annexation of certain eligible properties into the City of Atchison, Kansas
pursuant to K.S.A. 12-519 et seq.; and
WHEREAS, a Report setting forth Plans for Extension of Services to the area
proposed to be annexed has been prepared as required by K.S.A. 12-520b.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
SECTION 1. The City of Atchison is considering annexing the land described on
Exhibit 1 attached hereto, and incorporated herein by this reference.
SECTION 2. A report setting forth plans for extending to the area proposed to be
annexed of the major municipal services available to residents of the City of Atchison,
Kansas is on file with the office of the City Clerk at 515 Kansas Avenue, Atchison,
Kansas, and is available for inspection during regular office hours.
SECTION 3. A sketch of the lots, tracts and lands proposed to be annexed is
marked as Exhibit 2, attached hereto, and incorporated herein by this reference.
SECTION 4. Within 10 days the Community Development Director of the City of
Atchison shall submit this resolution to the City of Atchison Planning Commission, along
with a copy of the Plan for Extension of Services. The Planning Commission shall
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review the proposed annexation at their regular meeting on May 7, 2014 and thereafter
make findings as required by K.S.A. 12-530 (b).
SECTION 5. Notice is hereby given that the Governing Body of the City of
Atchison, Kansas will hold a public hearing on June 2, 2014 at 4:30 p.m. in the City
Commission room, City Hall, 515 Kansas Avenue, Atchison, Kansas, during which the
proposal for annexation, including the plan for extension of municipal services, will be
presented and comments from all interested parties shall be heard. The City
Commission finds that there are no adequate facilities available to conduct the hearing
in or near any area proposed to be annexed.
SECTION 6. Within 10 days of the adoption, the City Clerk of the City of
Atchison, Kansas shall by certified mail serve a copy of this Resolution and sketch of
the area proposed to be annexed on all owners of land within the area proposed to be
annexed and other interested parties and entities prescribed in K.S.A. 12-520a.
SECTION 7. This Resolution and a sketch of the area proposed to be annexed
shall be published once in the official ci ty newspaper not less than one week nor more
than two weeks preceding said public hearing.
ADOPTED AND APPROVED by the Govern ing Body of the City of Atchison,
Kansas this 24th day of March, 2014.
_________
______________________
David W. Butler
MAYOR
ATTEST:
_______________________________
Deb Clem
CITY CLERK
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EXHIBIT 1
Tract 1
03-092-10-0-00-04-013.00
Part of the Northeast Quarter of Section 10, Township 06, Range 20 East,
beginning 220’ West and 1970’ Southwest of the Northeast corner, thence
Southwest 70’, Northwest 46.02’ Northeast 70’, Southeast to the point of
beginning.
Right of way The annexation also includes that portion of the railroad right of way north
of US Highway 59 from the current west City Limits to the extension of the
west line of that property known as 10530 Highway 59.
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Commission Action Report
Title:
Resolution No. 2953: Authorization to Offer Sale of General Obligation Bonds
Proposed Agenda Date:
June 2, 2014
Presented by:
Becky Anderson, Finance Director / Asst. City Manager
BACKGROUND:
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The City is preparing to issue general obligation bonds to finance three large projects, which were
previously authorized by the City Commission by individual resolutions. The proposed $4.555 million
bond issue would pay off the $2.55 million temporary notes issued last August for the Conference
Center renovation (Res. 2888, 2918, 2942) and a portion of the US-59 Highway project (Res. 2896),
finance approximately $1 million in street improvements (Res. 2940), and fund the aerial fire truck
(Res. 2939) that was ordered in March of this year.
The proposed Resolution No. 2953 authorizes the offering for sale of $4,555,000 in general
obligation bonds, setting a sale date of June 16, 2014. At that meeting, the City Commission has the
ability to adjust the issue size as it deems appropriate based on the interest rates bid and the final
project costs of the Conference Center. The temporary notes will be redeemed with the bond
proceeds on July 8th.
The City will undergo a rating review by Moody’s Investor Service on Monday, June 2nd, prior to the
Commission meeting. Results are expected to be released on Tuesday, June 10 th. In addition to
saving the City considerable costs on future debt issuance, a good bond rating is often a key
indicator of the organization’s financial performance. Moody’s has given the City a bond rating of A1
on its previous two debt issues, which is a good rating for a city of our size.
FINANCIAL CONSIDERATIONS:
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Principal and interest payments on the bonds will begin in 2015 and continue for 20 years. The life
of the issuance will be structured based on statutory requirements that limit street maintenance
project financing to 10 years and the Conference Center and fire truck financing to 20 years. With an
anticipated interest rate of around 3%, the projected annual bond payment will average $370,000
for the first 10 years, and $250,000 the remaining 10 years. See attached Debt Service Schedule for
details.
Based on current valuation, a $370,000 annual bond payment equates to approximately 6 mills.
LEGAL CONSIDERATIONS:

The City’s financial advisor and bond counsel, Dave Arteberry of George K. Baum and Joe Norton of
Gilmore & Bell respectively, have prepared and reviewed the documents.
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POLICY CONSIDERATION:
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It is within the Commission’s purview to authorize responsible use of debt as a prudent method of
funding infrastructure improvements and large equipment purchases with long useful lives.
Preservation of the City’s assets prevents increased costs at a future date.
RECOMMENDED ACTION:

Adopt Resolution No. 2953 authorizing $4,555,000 bond sale offer and setting a sale date of June
16, 2014.
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Gilmore & Bell, P.C.
05/21/2014
EXCERPT OF MINUTES OF A MEETING
OF THE GOVERNING BODY OF
THE CITY OF ATCHISON, KANSAS
HELD ON JUNE 2, 2014
The governing body met in regular session at the usual meeting place in the City, at 4:30 P.M., the
following members being present and participating, to-wit:
Absent:
The Mayor declared that a quorum was present and called the meeting to order.
**************
(Other Proceedings)
The matter of providing for the offering for sale of General Obligation Bonds, Series 2014-A,
came on for consideration and was discussed.
Commissioner ________________ presented and moved the adoption of a Resolution entitled:
A RESOLUTION AUTHORIZING THE OFFERING FOR SALE OF GENERAL
OBLIGATION BONDS, SERIES 2014-A, OF THE CITY OF ATCHISON,
KANSAS.
Commissioner ________________ seconded the motion to adopt the Resolution. Thereupon, the
Resolution was read and considered, and, the question being put to a roll call vote, the vote thereon was as
follows:
Aye: ________________________________________________________________________.
Nay: ________________________________________________________________________.
The Mayor declared the Resolution duly adopted; the Clerk designating the same Resolution
No. ____.
**************
(Other Proceedings)
[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]
JLN\600026.044\SALEDOCS (05-21-14)
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CERTIFICATE
I hereby certify that the foregoing Excerpt of Minutes is a true and correct excerpt of the
proceedings of the governing body of the City of Atchison, Kansas, held on the date stated therein, and
that the official minutes of such proceedings are on file in my office.
(SEAL)
JLN\600026.044\SALEDOCS
Clerk
(Signature Page to Excerpt of Minutes)
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05/21/2014
RESOLUTION NO. 2953
A RESOLUTION AUTHORIZING THE OFFERING FOR SALE OF GENERAL
OBLIGATION BONDS, SERIES 2014-A, OF THE CITY OF ATCHISON,
KANSAS.
WHEREAS, the City of Atchison, Kansas (the “Issuer”), has previously authorized certain
internal improvements described as follows (collectively, the “Improvements”):
Project Description
Ord./Res. No.
U.S. Highway 59 - Main Ord. 5854/5881
Trafficway Improvements
Res. 2896
Main Trafficway Improvements
Res. 2940
Atchison Heritage Conference
Res. 2888
Center - Public Building
Res. 2918
Improvements
Res. 2942
Fire Truck and Equipment
Res. 2939
Authority
K.S.A. 12-685 et seq.
Authorized Amount*
$ 800,000**
K.S.A. 12-685 et seq.
K.S.A. 12-1736 et seq.
1,000,000
2,626,336
K.S.A. 13-1024a/
Charter Ord 38.
853,279
Total:
$5,279,615
*Exclusive of costs of issuance and interest on interim financing.
**approximately half of the cost to be reimbursed from funds received from the Kansas Department of Transportation.
; and
WHEREAS, the Issuer desires to issue its general obligation bonds in order to permanently
finance the costs of such Improvements and to retire the following temporary notes of the Issuer, which
were issued to temporarily finance a portion of the costs of the Improvements (the “Notes”):
Series
2013-1
Dated
Date
08/15/2013
Maturity
Date
08/01/2014
Original
Amount
$2,550,000
Outstanding
Amount
$2,550,000
Redemption
Amount
$2,550,000
Redemption
Date
07/08/2014
; and
WHEREAS, the Issuer proposes to issue its general obligation bonds to pay a portion of the costs
of the Improvements and to retire the Notes; and
WHEREAS, the Issuer has selected the firm of George K. Baum & Company, Kansas City,
Missouri (“Financial Advisor”), as financial advisor for one or more series of general obligation bonds of
the Issuer to be issued in order to provide funds to permanently finance the Improvements and to retire the
Notes; and
WHEREAS, the Issuer desires to authorize the Financial Advisor to proceed with the offering for
sale of said general obligation bonds and related activities; and
WHEREAS, one of the duties and responsibilities of the Issuer is to prepare and distribute a
preliminary official statement relating to said general obligation bonds; and
JLN\600026.044\SALEDOCS (05-21-14)
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WHEREAS, the Issuer desires to authorize the Financial Advisor and Gilmore & Bell, P.C.
(“Bond Counsel”), in conjunction with the Finance Director and Clerk, to proceed with the preparation
and distribution of a preliminary official statement and notice of bond sale and to authorize the
distribution thereof and all other preliminary action necessary to sell said general obligation bonds.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ATCHISON,
KANSAS, AS FOLLOWS:
Section 1. The Issuer is hereby authorized to offer for sale the Issuer’s General Obligation
Bonds, Series 2014-A (the “Bonds”) described in the Notice of Bond Sale, which is hereby approved in
substantially the form presented to the governing body this date. All proposals for the purchase of the
Bonds shall be delivered to the governing body at its meeting to be held on the sale date referenced in the
Notice of Bond Sale, at which meeting the governing body shall review such bids and award of the sale of
the Bonds or reject all proposals.
Section 2. The Preliminary Official Statement, dated June 2, 2014, is hereby approved in
substantially the form presented to the governing body this date, with such changes or additions as the
Mayor and Clerk shall deem necessary and appropriate, and such officials and other representatives of the
Issuer are hereby authorized to use such document in connection with the sale of the Bonds.
Section 3. The Finance Director and Clerk, in conjunction with the Financial Advisor and
Gilmore & Bell, P.C., Wichita, Kansas (“Bond Counsel”), are hereby authorized and directed to give
notice of said bond sale by publishing a summary of the Notice of Bond Sale not less than 6 days before
the date of the bond sale in a newspaper of general circulation in Atchison County, Kansas, and the
Kansas Register and by distributing copies of the Notice of Bond Sale and Preliminary Official Statement
to prospective purchasers of the Bonds. Proposals for the purchase of the Bonds shall be submitted upon
the terms and conditions set forth in said Notice of Bond Sale, and shall be delivered to the governing
body at its meeting to be held on the sale date referenced in the Notice of Bond Sale, at which meeting the
governing body shall review such bids and shall award the sale of the Bonds or reject all proposals.
Section 4. For the purpose of enabling the purchaser of the Bonds (the “Purchaser”) to comply
with the requirements of Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”), the
Mayor and Clerk or other appropriate officers of the Issuer are hereby authorized: (a) to approve the form
of said Preliminary Official Statement and to execute the “Certificate Deeming Preliminary Official
Statement Final” in substantially the form attached hereto as Exhibit A as approval of the Preliminary
Official Statement, such official’s signature thereon being conclusive evidence of such official’s and the
Issuer’s approval thereof; (b) covenant to provide continuous secondary market disclosure by annually
transmitting certain financial information and operating data and other information necessary to comply
with the Rule to the Municipal Securities Rulemaking Board; and (c) take such other actions or execute
such other documents as such officers in their reasonable judgment deem necessary to enable the
Purchaser to comply with the requirement of the Rule.
Section 5. The Issuer agrees to provide to the Purchaser within seven business days of the date of
the sale of Bonds or within sufficient time to accompany any confirmation that requests payment from
any customer of the Purchaser, whichever is earlier, sufficient copies of the final Official Statement to
enable the Purchaser to comply with the requirements of the Rule and with the requirements of Rule G-32
of the Municipal Securities Rulemaking Board.
Section 6. The Mayor, City Manager, Finance Director, Clerk and the other officers and
representatives of the Issuer, the Financial Advisor and Bond Counsel are hereby authorized and directed
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to take such other action as may be necessary to carry out the sale of the Bonds. Such officials are also
directed and authorized to make provision for payment and/or redemption of the Notes from proceeds of
the Bonds and other available funds.
Section 7. This Resolution shall be in full force and effect from and after its adoption.
[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]
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ADOPTED by the governing body on June 2, 2014.
(SEAL)
Mayor
ATTEST:
Clerk
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(Signature Page to Sale Resolution)
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05/21/2014
EXHIBIT A
CERTIFICATE DEEMING
PRELIMINARY OFFICIAL STATEMENT FINAL
June 2, 2014
To:
Re:
$4,555,000* City of Atchison, Kansas, General Obligation Bonds, Series 2014-A
The undersigned are the duly acting Mayor and Finance Director of the City of Atchison, Kansas
(the “Issuer”), and are authorized to deliver this Certificate to the addressee (the “Purchaser”) on behalf of
the Issuer. The Issuer has previously caused to be delivered to the Purchaser copies of the Preliminary
Official Statement (the “Preliminary Official Statement”) relating to the above-referenced bonds (the
“Bonds”).
For the purpose of enabling the Purchaser to comply with the requirements of Rule 15c2-12(b)(1)
of the Securities and Exchange Commission (the “Rule”), the Issuer hereby deems the information
regarding the Issuer contained in the Preliminary Official Statement to be final as of its date, except for
the omission of such information as is permitted by the Rule, such as offering prices, interest rates, selling
compensation, aggregate principal amount, principal per maturity, delivery dates, ratings, identity of the
underwriters and other terms of the Bonds depending on such matters.
CITY OF ATCHISON, KANSAS
By:
Title: Mayor
By:
Title: Finance Director
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05/21/2014
NOTICE OF BOND SALE
$4,555,000*
GENERAL OBLIGATION BONDS
SERIES 2014-A
(GENERAL OBLIGATION BONDS PAYABLE
FROM UNLIMITED AD VALOREM TAXES)
Bids. Written and electronic (as explained below) bids for the purchase of the above-referenced
bonds (the “Bonds”) of the City of Atchison, Kansas (the “Issuer”) herein described will be received on
behalf of the undersigned Clerk of the Issuer at the address hereinafter set forth in the case of written bids,
and via PARITY® in the case of electronic bids, until 1:00 p.m., Central Daylight Time (the “Submittal
Hour”), on
JUNE 16, 2014
(the “Sale Date”). All bids will be publicly evaluated at said time and place and the award of the Bonds to
the successful bidder (the “Successful Bidder”) will be acted upon by the governing body at its meeting to
be held at 4:30 P.M. on the Sale Date. No oral or auction bids will be considered. Capitalized terms not
otherwise defined herein shall have the meanings set forth in the hereinafter referenced Preliminary
Official Statement relating to the Bonds.
Terms of the Bonds. The Bonds will consist of fully registered bonds in the denomination of
$5,000 or any integral multiple thereof (the “Authorized Denomination”). The Bonds will be dated
July 8, 2014 (the “Dated Date”), and will become due in principal installments on September 1 in the
years as follows:
Year
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
Principal
Amount*
$190,000
235,000
235,000
240,000
245,000
250,000
255,000
270,000
280,000
280,000
Year
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
Principal
Amount*
$175,000
185,000
190,000
195,000
200,000
210,000
215,000
230,000
235,000
240,000
The Bonds will bear interest from the Dated Date at rates to be determined when the Bonds are
sold as hereinafter provided, which interest will be payable semiannually on March 1 and September 1 in
each year, beginning on March 1, 2015 (the “Interest Payment Dates”).
*Adjustment of Issue Size. The Issuer reserves the right to increase or decrease the total
principal amount of the Bonds, depending on the purchase price and interest rates bid and the offering
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prices specified by the Successful Bidder. The principal amount of any maturity may be adjusted by the
Issuer in order to properly size the Bond issue based on the premium, discount and interest rates bid on
the Bonds. The Successful Bidder may not withdraw its bid or change the interest rates bid as a result of
any changes made to the principal amount of the Bonds or principal of any maturity as described herein.
If there is an increase or decrease in the final aggregate principal amount of the Bonds or the schedule of
principal payments as described above, the Issuer will notify the Successful Bidder by means of telephone
or facsimile transmission, subsequently confirmed in writing, no later than 3:00 p.m., central daylight
time, on the Sale Date. The actual purchase price for the Bonds shall be calculated by applying the
percentage of par value bid by the Successful Bidder against the final aggregate principal amount of the
Bonds, as adjusted, plus accrued interest from the date of the Bonds to the date of delivery.
Place of Payment. The principal of and interest on the Bonds will be payable in lawful money of
the United States of America by check or draft of the Treasurer of the State of Kansas, Topeka, Kansas
(the “Paying Agent” and “Bond Registrar”). The principal of each Bond will be payable at maturity or
earlier redemption to the owner thereof whose name is on the registration books (the “Bond Register”) of
the Bond Registrar (the “Registered Owner”) upon presentation and surrender at the principal office of
the Paying Agent. Interest on each Bond will be payable to the Registered Owner of such Bond as of the
fifteenth day (whether or not a business day) of the calendar month next preceding each Interest Payment
Date (the “Record Date”) (a) mailed by the Paying Agent to the address of such Registered Owner as
shown on the Bond Register or at such other address as is furnished to the Paying Agent in writing by
such Registered Owner; or (b) in the case of an interest payment to Cede & Co. or any Owner of
$500,000 or more in aggregate principal amount of Bonds, by wire transfer to such Registered Owner
upon written notice given to the Paying Agent by such Registered Owner, not less than 15 days prior to
the Record Date for such interest, containing the wire transfer address to which such Registered Owner
wishes to have such wire directed.
Bond Registration. The Bonds will be registered pursuant to a plan of registration approved by
the Issuer and the Attorney General of the State of Kansas (the “State”). The Issuer will pay for the fees
of the Bond Registrar for registration and transfer of the Bonds and will also pay for printing a reasonable
supply of registered bond blanks. Any additional costs or fees that might be incurred in the secondary
market, other than fees of the Bond Registrar, will be the responsibility of the Owners.
Book-Entry-Only System. The Depository Trust Company, New York, New York (“DTC”), will
act as securities depository for the Bonds. The Bonds will initially be issued exclusively in “book entry”
form and shall be initially registered in the name of Cede & Co., as the nominee of DTC and no beneficial
owner will receive certificates representing their interests in the Bonds. During the term of the Bonds, so
long as the book-entry-only system is continued, the Issuer will make payments of principal of, premium,
if any, and interest on the Bonds to DTC or its nominee as the Registered Owner of the Bonds, DTC will
make book-entry-only transfers among its participants and receive and transmit payment of principal of,
premium, if any, and interest on the Bonds to its participants who shall be responsible for transmitting
payments to beneficial owners of the Bonds in accordance with agreements between such participants and
the beneficial owners. The Issuer will not be responsible for maintaining, supervising or reviewing the
records maintained by DTC, its participants or persons acting through such participants. In the event that:
(a) DTC determines not to continue to act as securities depository for the Bonds, or (b) the Issuer
determines that continuation of the book-entry-only form of evidence and transfer of ownership of the
Bonds would adversely affect the interests of the beneficial owners of the Bonds, the Issuer will
discontinue the book-entry-only form of registration with DTC. If the Issuer fails to identify another
qualified securities depository to replace DTC, the Issuer will cause to be authenticated and delivered to
the beneficial owners replacement Bonds in the form of fully registered certificates. Reference is made to
the Official Statement for further information regarding the book-entry-only system of registration of the
Bonds and DTC.
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Redemption of Bonds Prior to Maturity.
General. Whenever the Issuer is to select Bonds for the purpose of redemption, it will, in the
case of Bonds in denominations greater than the minimum Authorized Denomination, if less than all of
the Bonds then outstanding are to be called for redemption, treat each minimum Authorized
Denomination of face value of each such fully registered Bond as though it were a separate Bond in the
minimum Authorized Denomination.
Optional Redemption. At the option of the Issuer, Bonds maturing on September 1 in the years
2022, and thereafter, will be subject to redemption and payment prior to maturity on September 1, 2021,
and thereafter, as a whole or in part (selection of maturities and the amount of Bonds of each maturity to
be redeemed to be determined by the Issuer in such equitable manner as it may determine) at any time, at
the redemption price of 100% (expressed as a percentage of the principal amount), plus accrued interest to
the date of redemption.
Mandatory Redemption. A bidder may elect to have all or a portion of the Bonds scheduled to
mature in consecutive years issued as term bonds (the “Term Bonds”) scheduled to mature in the latest of
said consecutive years and subject to mandatory redemption requirements consistent with the schedule of
serial maturities set forth above, subject to the following conditions: (a) not less than all Bonds of the
same serial maturity shall be converted to Term Bonds with mandatory redemption requirements; and (b)
a bidder shall make such an election by completing the applicable paragraph on the Official Bid Form or
completing the applicable information on PARITY®.
Notice and Effect of Call for Redemption. Unless waived by any owner of Bonds to be
redeemed, if the Issuer shall call any Bonds for redemption and payment prior to the maturity thereof, the
Issuer shall give written notice of its intention to call and pay said Bonds to the Bond Registrar and the
Successful Bidder. In addition, the Issuer shall cause the Bond Registrar to give written notice of
redemption to the registered owners of said Bonds. Each of said written notices shall be deposited in
United States first class mail not less than 30 days prior to the date fixed for redemption. All notices of
redemption shall state the date of redemption, the redemption price, the Bonds to be redeemed, the place
of surrender of Bonds so called for redemption and a statement of the effect of the redemption. The
Issuer shall also give such additional notice as may be required by Kansas law or regulation of the
Securities and Exchange Commission in effect as of the date of such notice. If any Bond be called for
redemption and payment as aforesaid, all interest on such Bond shall cease from and after the date for
which such call is made, provided funds are available for its payment at the price hereinbefore specified.
Authority, Purpose and Security. The Bonds are being issued pursuant to K.S.A. 12-685 et
seq., K.S.A. 12-1736 et seq. and K.S.A. 13-1024a, as amended by Charter Ordinance No. 38, and an
ordinance and a resolution adopted by the governing body of the Issuer (collectively the “Bond
Resolution”) for the purpose of paying a portion of the cost of certain public improvements. The Bonds
shall be general obligations of the Issuer payable as to both principal and interest from ad valorem taxes
which may be levied without limitation as to rate or amount upon all the taxable tangible property, real
and personal, within the territorial limits of the Issuer. The full faith, credit and resources of the Issuer are
irrevocably pledged for the prompt payment of the principal and interest on the Bonds as the same
become due.
Submission of Bids. Written bids must be made on forms which may be procured from the
Finance Director or the Financial Advisor and shall be addressed to the undersigned, and marked
“Proposal for General Obligation Bonds, Series 2014-A.” Written bids submitted by facsimile should not
be preceded by a cover sheet and should be sent only once to (913) 367-3654. Confirmation of receipt of
facsimile bids may be made by contacting the Financial Advisor at the number listed below. Electronic
bids via PARITY® must be submitted in accordance with its Rules of Participation, as well as the
provisions of this Notice of Bond Sale. If provisions of this Notice of Bond Sale conflict with those of
PARITY®, this Notice of Bond Sale shall control. Bids must be received prior to the Submittal Hour on
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the Sale Date accompanied by the Deposit (as hereinafter defined), which may be submitted separately.
The Issuer shall not be responsible for any failure, misdirection or error in the means of transmission
selected by any bidder.
PARITY®. Information about the electronic bidding services of PARITY® may be obtained from
i-Deal LLC at 1359 Broadway, 2nd Floor, New York, New York 10018, Phone No. (212) 849-5023.
Conditions of Bids. Proposals will be received on the Bonds bearing such rate or rates of interest
as may be specified by the bidders, subject to the following conditions: (a) the same rate shall apply to all
Bonds of the same maturity year; (b) no interest rate may exceed a rate equal to the daily yield for the 10year Treasury Bond published by THE BOND BUYER, in New York, New York, on the Monday next
preceding the day on which the Bonds are sold, plus 6% and (c) no supplemental interest payments will
be considered. The difference between the highest rate specified and the lowest rate specified cannot
exceed 4.00%. No bid for less than 100% of the principal amount of the Bonds and accrued interest
thereon to the date of delivery will be considered. Each bid shall specify the total interest cost (expressed
in dollars) during the term of the Bonds on the basis of such bid, the premium, if any, offered by the
bidder, the net interest cost (expressed in dollars) on the basis of such bid, and an estimate of the TIC (as
hereinafter defined) on the basis of such bid. Each bidder shall certify to the Issuer the correctness of the
information contained on the Official Bid Form; the Issuer will be entitled to rely on such certification.
Each bidder agrees that, if it is awarded the Bonds, it will provide the certification as to initial offering
prices described under the caption “Reoffering Prices” in this Notice.
Good Faith Deposit. Each bid shall be accompanied by a good faith deposit (the Deposit”) in
the amount of $91,100 payable to the order of the Issuer to secure the Issuer from any loss resulting from
the failure of the bidder to comply with the terms of its bid. The Deposit must be received by the Issuer
or the Financial Advisor prior to the Submittal Hour, unless such Deposit is submitted by wire transfer
as described below, in which case the Deposit must be received by 2:30 p.m. CDT on the Sale Date.
The Deposit may be submitted in any of the following forms:
(a)
Certified or cashier’s check drawn on a bank located in the United States of America;
(b)
financial surety bond as hereinafter described (the “Surety Bond”); or
(c)
wire transfer in Federal Reserve funds, immediately available for use by the Issuer (wire
transfer information may be obtained from the Financial Advisor at the address set forth below).
Contemporaneously with the submission of a wire transfer Deposit, such bidder shall send an
email to the Financial Advisor at the email address set forth below, including the following information:
(a) notification that a wire transfer has been made; (b) the amount of the wire transfer; and (c) return wire
transfer instructions in the event such bid is unsuccessful. All Surety Bonds must be from an insurance or
surety company rated “AA” by Standard & Poor’s Ratings Services, a division of McGraw Hill Financial
Inc., or “Aa” by Moody’s Investors Service and licensed to issue such a surety bond in the State. The
Surety Bond must identify each bidder whose deposit is guaranteed by such Surety Bond. Good Faith
checks submitted by unsuccessful bidders will be returned; wire transfer Deposits submitted by
unsuccessful bidders will not be accepted or shall be returned in the same manner received on the Sale
Date. The Issuer reserves the right to withhold reasonable charges for any fees or expenses incurred in
returning a wire transfer Deposit. If the sale of the Bonds is awarded to a bidder utilizing a Surety Bond,
the Successful Bidder is required to submit to the Issuer a cashier’s or certified check or wire transfer of
immediately available federal funds to such financial institution requested by the Issuer, not later than
2:00 p.m., Central Daylight Time on the next business day following the Sale Date. If such funds are not
received by such time, the Surety Bond may be drawn on by the Issuer to satisfy the Deposit requirement.
No interest on the Deposit will be paid by the Issuer. If a bid is accepted, the Deposit, or the proceeds
thereof, will be held by the Issuer until the Successful Bidder has complied with all of the terms and
conditions of this Notice at which time the amount of said Deposit shall be returned to the Successful
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Bidder or deducted from the purchase price at the option of the Issuer. If a bid is accepted but the Issuer
fails to deliver the Bonds to the Successful Bidder in accordance with the terms and conditions of this
Notice, said Deposit, or the proceeds thereof, will be returned to the Successful Bidder. If a bid is
accepted but the bidder defaults in the performance of any of the terms and conditions of this Notice, the
proceeds of such Deposit will be retained by the Issuer as and for liquidated damages.
Basis of Award. Subject to the timely receipt of the Deposit set forth above, the award of the
Bonds will be made on the basis of the lowest true interest cost (“TIC”), which will be determined as
follows: the TIC is the discount rate (expressed as a per annum percentage rate) which, when used in
computing the present value of all payments of principal and interest to be paid on the Bonds, from the
payment dates to the Dated Date, produces an amount equal to the price bid, including any adjustments
for premium if any. Present value will be computed on the basis of semiannual compounding and a 360day year of twelve 30-day months. Bidders are requested to provide a calculation of the TIC for the
Bonds on the Official Bid Form, computed as specified herein on the basis of their respective bids, which
shall be considered as informative only and not binding on either the Issuer or the bidder. The Issuer or
its Financial Advisor will verify the TIC based on such bids. If there is any discrepancy between the TIC
specified and the bid price and interest rates specified, the specified bid price and interest rates shall
govern and the TIC specified in the bid shall be adjusted accordingly. If two or more proper bids
providing for identical amounts for the lowest TIC are received, the governing body of the Issuer will
determine which bid, if any, will be accepted, and its determination is final.
The Issuer reserves the right to reject any and/or all bids and to waive any irregularities in a
submitted bid. Any bid received after the Submittal Hour on the Sale Date will be returned to the bidder.
Any disputes arising hereunder shall be governed by the laws of the State, and any party submitting a bid
agrees to be subject to jurisdiction and venue of the federal and state courts within Kansas with regard to
such dispute.
The Issuer’s acceptance, including electronic acceptance through PARITY®, of the Successful
Bidder’s proposal for the purchase of the Bonds in accordance with this Notice of Bond Sale shall
constitute a bond purchase agreement between the Issuer and the Successful Bidder for purposes of the
laws of the State and a contract between the Issuer and the Successful Bidder for the purposes of Rule
15c2-12 of the Securities and Exchange Commission (the “Rule”) and] Rule G-32 of the Municipal
Securities Rulemaking Board (“Rule G-32”). The method of acceptance shall be determined solely by the
governing body of the Issuer.
Bond Ratings. The outstanding general obligation bonds of the Issuer are rated “A1” by
Moody’s Investors Service. The Issuer has applied to Moody’s Investors Service for a rating on the
Bonds herein offered for sale. Such application and ratings are further described in the Preliminary
Official Statement, hereinafter described.
Optional Bond Insurance. The Issuer has not applied for any policy of municipal bond
insurance with respect to the Bonds. If the Bonds qualify for municipal bond insurance, and any bidder
desires to purchase such policy, such indication and the name of the desired insurer must be set forth on
the bidder’s Official Bid Form. The Issuer specifically reserves the right to reject any bid specifying
municipal bond insurance, even though such bid may result in the lowest TIC to the Issuer. All costs
associated with the issuance of such policy and associated ratings and expenses (other than any
independent rating requested by the Issuer) shall be paid by the Successful Bidder. Failure of the
municipal bond insurer to issue the policy after the award of the Bonds shall not constitute cause for
failure or refusal by the Successful Bidder to accept delivery of the Bonds.
CUSIP Numbers. CUSIP identification numbers will be assigned and printed on the Bonds, but
neither the failure to print such number on any Bond nor any error with respect thereto shall constitute
cause for failure or refusal by the purchaser thereof to accept delivery of and pay for the Bonds in
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accordance with the terms of this Notice. All expenses in relation to the assignment and printing of
CUSIP numbers on the Bonds will be paid by the Issuer.
Delivery and Payment. The Issuer will pay for preparation of the Bonds and will deliver the
Bonds properly prepared, executed and registered without cost on or about JULY 8, 2014 (the “Closing
Date”), to DTC for the account of the Successful Bidder.. The Successful Bidder will be furnished with a
certified transcript of the proceedings evidencing the authorization and issuance of the Bonds and the
usual closing documents, including a certificate that there is no litigation pending or threatened at the time
of delivery of the Bonds affecting their validity and a certificate regarding the completeness and accuracy
of the Official Statement. Payment for the Bonds shall be made in federal reserve funds, immediately
available for use by the Issuer. The Issuer will deliver one Bond of each maturity registered in the
nominee name of DTC.
Reoffering Prices. To provide the Issuer with information necessary for compliance with
Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”), the Successful Bidder will
be required to complete, execute and deliver to the Issuer prior to the delivery of the Bonds, a written
certification (the “Issue Price Certificate”) containing the following: (a) the initial offering price and
interest rate for each maturity of the Bonds; (b) that all of the Bonds were offered to the public in a bona
fide public offering at the initial offering prices on the Sale Date; and (c) on the Sale Date the Successful
Bidder reasonably expected that at least 10% of each maturity of the Bonds would be sold to the “public”
at prices not higher than the initial offering prices. For purposes of the preceding sentence “public”
means persons other than bond houses, brokers, or similar persons or organizations acting in the capacity
of underwriters or wholesalers. However, such Issue Price Certificate may indicate that the Successful
Bidder has purchased the Bonds for its own account in a capacity other than as an underwriter or
wholesaler, and currently has no intent to reoffer the Bonds for sale to the public.
Subsequent to the Submittal Hour, such initial offering prices to the public shall be provided to
the Issuer or the Financial Advisor not more than 20 minutes after requested by the Issuer or the
Financial Advisor. .
At the request of the Issuer, the Successful Bidder will provide information explaining the factual
basis for the Successful Bidder’s Issue Price Certificate. This agreement by the Successful Bidder to
provide such information will continue to apply after the Closing Time if: (a) the Issuer requests the
information in connection with an audit or inquiry by the Internal Revenue Service (the “IRS”) or the
Securities and Exchange Commission (the “SEC”) or (b) the information is required to be retained by the
Issuer pursuant to future regulation or similar guidance from the IRS, the SEC or other federal or state
regulatory authority.
Preliminary Official Statement and Official Statement. The Issuer has prepared a Preliminary
Official Statement dated June 2, 2014, “deemed final” by the Issuer except for the omission of certain
information as provided in the Rule, copies of which may be obtained from the Clerk or from the
Financial Advisor. Upon the sale of the Bonds, the Issuer will adopt the final Official Statement and will
furnish the Successful Bidder, without cost, within seven business days of the acceptance of the
Successful Bidder’s proposal, with a sufficient number of copies thereof, which may be in electronic
format, in order for the Successful Bidder to comply with the requirements of the Rule and Rule G-32.
Additional copies may be ordered by the Successful Bidder at its expense.
Continuing Disclosure. In the Bond Resolution, the Issuer has covenanted to provide annually
certain financial information and operating data and other information necessary to comply with the Rule,
and to transmit the same to the Municipal Securities Rulemaking Board. This covenant is for the benefit
of and is enforceable by any Registered Owner of the Bonds. For further information, reference is made
to the caption “CONTINUING DISCLOSURE” in the Preliminary Official Statement.
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Assessed Valuation and Indebtedness. The total assessed valuation of the taxable tangible
property within the Issuer for the year 2013 is as follows:
Equalized Assessed Valuation of
Taxable Tangible Property .............................................................
Tangible Valuation of Motor Vehicles..................................................
Equalized Assessed Tangible Valuation
for Computation of Bonded Debt Limitations .................................
$72,797,666
8,111,567
$80,909,233
The total general obligation indebtedness of the Issuer as of the Dated Date, including the Bonds
being sold, and less temporary notes in the principal amount of $2,550,000 to be retired out of proceeds of
the Bonds and other available funds, is $11,990,000.
Legal Opinion. The Bonds will be sold subject to the approving legal opinion of GILMORE &
BELL, P.C., WICHITA, KANSAS, Bond Counsel, which opinion will be furnished and paid for by the
Issuer, will be printed on the Bonds, if the Bonds are printed, and will be delivered to the Successful
Bidder when the Bonds are delivered. Said opinion will also include the opinion of Bond Counsel
relating to the interest on the Bonds being excludable from gross income for federal income tax purposes
and exempt from income taxation by the State of Kansas. Reference is made to the Preliminary Official
Statement for further discussion of federal and Kansas income tax matters relating to the interest on the
Bonds.
Additional Information. Additional information regarding the Bonds may be obtained from the
undersigned or from the Financial Advisor at the addresses set forth below:
DATED: June 2, 2014.
By Becky Anderson, Finance Director/Assistant City Manager
Written and Facsimile Bid and Good Faith Deposit Delivery Address:
City Hall
515 Kansas Avenue
Atchison, Kansas 66002
Phone No.: (913) 367-5500
Fax No.: (913) 367-3654
Email: [email protected]
Financial Advisor and Good Faith Deposit Delivery Address:
George K. Baum & Company
Plaza Colonnade
4801 Main Street, Suite 500
Kansas City, Missouri 64112
Attn: Todd Burrus
Phone No.: (816) 474-1100
Fax No.: (816) 283-5326
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SUMMARY NOTICE OF BOND SALE
$4,555,000*
GENERAL OBLIGATION BONDS, SERIES 2014-A
(GENERAL OBLIGATION BONDS PAYABLE FROM UNLIMITED AD VALOREM TAXES)
Bids. SUBJECT to the Notice of Bond Sale dated June 2, 2014, written and electronic bids will
be received on behalf of the Finance Director of the City of Atchison, Kansas (the “Issuer”) in the case of
written bids, at the address set forth below, and in the case of electronic bids, through PARITY® until 1:00
p.m., Central Daylight Time, on JUNE 16, 2014 for the purchase of the above-referenced bonds (the
“Bonds”). No bid of less than 100% of the principal amount of the Bonds and accrued interest thereon to
the date of delivery will be considered.
Bond Details. The Bonds will consist of fully registered bonds in the denomination of $5,000 or
any integral multiple thereof. The Bonds will be dated July 8, 2014, and will become due on September 1
in the years as follows:
Year
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
Principal
Amount*
$190,000
235,000
235,000
240,000
245,000
250,000
255,000
270,000
280,000
280,000
*Subject to change, see Notice of Bond Sale dated June 2, 2014
Year
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
Principal
Amount*
$175,000
185,000
190,000
195,000
200,000
210,000
215,000
230,000
235,000
240,000
The Bonds will bear interest from the date thereof at rates to be determined when the Bonds are
sold as hereinafter provided, which interest will be payable semiannually on March 1 and September 1 in
each year, beginning on March 1, 2015.
Book-Entry-Only System. The Bonds shall be registered under a book-entry-only system
administered through DTC.
Paying Agent and Bond Registrar. Treasurer of the State of Kansas, Topeka, Kansas.
Good Faith Deposit. Each bid shall be accompanied by a good faith deposit in the form of a
cashier’s or certified check drawn on a bank located in the United States of America, a qualified financial
surety bond or a wire transfer in Federal Reserve funds immediately available for use by the Issuer in the
amount of $91,100.
Delivery. The Issuer will pay for preparation of the Bonds and will deliver the same properly
prepared, executed and registered without cost to the successful bidder on or about JULY 8, 2014, to
DTC for the account of the successful bidder.
Assessed Valuation and Indebtedness. The Equalized Assessed Tangible Valuation for
Computation of Bonded Debt Limitations for the year 2013 is $80,909,233. The total general obligation
indebtedness of the Issuer as of the Dated Date, including the Bonds being sold, is $11,990,000.
Approval of Bonds. The Bonds will be sold subject to the legal opinion of GILMORE & BELL,
P.C., WICHITA, KANSAS, Bond Counsel, whose approving legal opinion as to the validity of the Bonds
will be furnished and paid for by the Issuer, printed on the Bonds and delivered to the successful bidder as
and when the Bonds are delivered.
JLN\600026.044\SALEDOCS (05-21-14)
35
36
Additional Information. Additional information regarding the Bonds may be obtained from the
undersigned, or from the Financial Advisor at the addresses set forth below:
Written and Facsimile Bid and Good Faith Deposit Delivery Address:
Becky Anderson, Finance Director/Assistant City Manager
City Hall
515 Kansas Avenue
Phone No.: (913) 367-5500
Fax No.: (913) 367-3654
Financial Advisor and Good Faith Deposit Delivery Address:
Plaza Colonnade
4801 Main Street, Suite 500
Kansas City, Missouri 64112
Attn: Todd Burrus
Phone No.: (816) 474-1100
Fax No.: (816) 283-5326
JLN\600026.044\SALEDOCS (05-21-14)
2
36
37
SUPPLEMENT TO NOTICE OF BOND SALE
$4,555,000*
Good Faith Deposit – Wire Transfer Instructions. Any bidder may provide a Good Faith
Deposit in the form of a wire transfer in Federal Reserve funds, immediately available for use by the
Issuer to the following financial institution for benefit of the Issuer:
[INSERT WIRE TRANSFER INFORMATION]
Each bidder shall notify the Financial Advisor at [email protected] of the submission of the
wire transfer and provide return wire transfer instructions in the event such bid is unsuccessful.
By
Becky Anderson, Finance Director
JLN\600026.044\SALEDOCS (05-21-14)
37
38
KANSAS REGISTER
DOCUMENT NO. _______
(Above space for Register Office Use)
Submission Form
Municipal Bond Sale Notice
(K.S.A. 10-106 as amended)
TITLE OF
DOCUMENT
SUMMARY NOTICE OF BOND SALE
Re:
City of Atchison, Kansas, General Obligation Bonds, Series 2014-A, Dated July 8, 2014.
NUMBER OF PAGES: 2
DESIRED PUBLICATION DATE:
BILL TO:
JUNE 5, 2014
City Hall
515 Kansas Avenue
Please forward 3 Affidavits of Publication of same to Ms. Robyn R. Dunlap,
Gilmore & Bell, P.C., 100 North Main, Suite 800, Wichita, KS 67202 at your
earliest opportunity.
Any questions regarding this document should be directed to:
NAME
ROBYN R. DUNLAP
PHONE
(316) 267-2091
Certification
I hereby certify that I have reviewed the attached and herein described document, and that it conforms to all
applicable Kansas Register publication guidelines. I further certify that submission of this item for publication in the
Kansas Register is authorized by the municipality which has issued the notice.
Authorized Signature
Robyn R. Dunlap
Typed Name of Signer
Senior Legal Assistant
Position
TRANSMIT TO:
Kansas Register; Secretary of State; State Capitol, Topeka, KS 66612
PHONE: (785) 296-3489; FAX: (785) 291-3051; EMAIL: [email protected]
THIS SPACE FOR REGISTER OFFICE USE ONLY
JLN\600026.044\SALEDOCS (05-21-14)
38
39
OFFICIAL BID FORM
PROPOSAL FOR THE PURCHASE OF CITY OF ATCHISON, KANSAS
TO:
City of Atchison, Kansas
June 16, 2014
For $4,555,000* principal amount of General Obligation Bonds, Series 2014-A, of the City of Atchison, Kansas, to be dated July 8, 2014,
as described in the Notice of Bond Sale dated June 2, 2014, said Bonds to bear interest as follows:
Stated
Annual
Maturity
Principal
Rate of
September 1
Amount*
Interest
2015
$190,000
__________%
2016
235,000
__________%
2017
235,000
__________%
2018
240,000
__________%
2019
245,000
__________%
2020
250,000
__________%
2021
255,000
__________%
2022
270,000
__________%
2023
280,000
__________%
2024
280,000
__________%
*Subject to change, see Notice of Bond Sale dated June 2, 2014
Stated
Maturity
September 1
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
Principal
Amount*
$175,000
185,000
190,000
195,000
200,000
210,000
215,000
230,000
235,000
240,000
Annual
Rate of
Interest
__________%
__________%
__________%
__________%
__________%
__________%
__________%
__________%
__________%
__________%
the undersigned will pay the purchase price for the Bonds set forth below, plus accrued interest to the date of delivery.
Principal Amount ............................................................................................................................................................ $4,555,000*
Plus Premium (if any) ............................................................................................................................. ______________________
Total Purchase Price ............................................................................................................................ $_______________________

Total interest cost to maturity at the rates specified ............................................................................ $_______________________
Net interest cost (adjusted for Discount and/or Premium) ................................................................... $_______________________
True Interest Cost .................................................................................................................................................... ____________%
The Bidder elects to have the following Term Bonds:
Maturity Date
Years
Amount*
September 1, ____
_________ to _________
$______________
September 1, ____
_________ to _________
$______________
*subject to mandatory redemption requirements in the amounts and at the times shown above.
This proposal is subject to all terms and conditions contained in said Notice of Bond Sale, and if the undersigned is the Successful Bidder,
the undersigned will comply with all of the provisions contained in said Notice. A cashier’s or certified check, a wire transfer or a qualified financial
surety bond in the amount of $91,100 payable to the order of the Issuer, accompanies this proposal as an evidence of good faith. The acceptance of
this proposal by the Issuer by execution below shall constitute a contract between the Issuer and the Successful Bidder for purposes of complying
with Rule 15c2-12 of the Securities and Exchange Commission and a bond purchase agreement for purposes of the laws of the State of Kansas.
Submitted by:
(LIST ACCOUNT MEMBERS ON REVERSE)
2014.
By:
Telephone No. (
)
ACCEPTANCE
Pursuant to action duly taken by the Governing Body of the City of Atchison, Kansas, the above proposal is hereby accepted on June 16,
Attest:
Clerk
Mayor
NOTE: No additions or alterations in the above proposal form shall be made, and any erasures may cause rejection of any bid. Sealed bids may be
filed with the Finance Director, Becky Anderson, City Hall, 515 Kansas Avenue, Atchison, Kansas 66002, facsimile bids may be filed with
the Finance Director, Fax No. (913) 367-3654 or electronic bids may be submitted via PARITY®, at or prior to 1:00 p.m., Central Daylight
Time, on June 16, 2014. Any bid received after such time will not be accepted or shall be returned to the bidder.
39
40
NOTICE OF CALL FOR REDEMPTION
TO THE OWNERS OF
GENERAL OBLIGATION TEMPORARY NOTES
SERIES 2013-1, DATED AUGUST 15, 2013
(THE “NOTES”)
Notice is hereby given that pursuant to the provisions of Resolution No. 2898 (the “Resolution”)
of the City of Atchison, Kansas (the “Issuer”) that all of the above mentioned Notes which are scheduled
to mature on August 1, 2014, and bearing interest at the rate of 0.40% per annum, have been called for
redemption and payment on July 8, 2014 (the “Redemption Date”), at the principal office of the Treasurer
of the State of Kansas, Topeka, Kansas (the “Paying Agent”).
On such Redemption Date there shall become due and payable, upon the presentation and
surrender of each such Note, the redemption price thereof equal to 100% of the principal amount of each
Note together with interest accrued to the Redemption Date. Interest shall cease to accrue on the Notes so
called for redemption from and after the Redemption Date, provided such funds for redemption are on
deposit with the Paying Agent.
Under the provisions of Section 3406(a)(1) of the Internal Revenue Code of 1986, as amended,
paying agents making payments of principal on municipal securities may be obligated to withhold a 28%
tax on the payment of principal to registered owners who have failed to provide the paying agent with a
valid taxpayer identification number. Registered Owners of the Notes who wish to avoid the imposition
of the tax should provide a certified taxpayer identification number to the Paying Agent when presenting
the Notes for payment.
By:
Finance Director
************************
This Notice of Call for Redemption shall be mailed to the Treasurer of the State of Kansas,
Topeka, Kansas not less than 45 days prior to the Redemption Date and to the Owners of the Notes and to
UMB Bank, n.a., Kansas City, Missouri, the original purchaser of the Notes, not less than 30 days prior to
the Redemption Date. Notice shall also be given to certain Repositories in order to comply with the
provisions of Rule 15c2-12 of the Securities and Exchange Commission. Notice may also be given in
accordance with guidelines set forth in Securities and Exchange Commission Release No. 34-23856, but
such notice is not required by law.
cc G&B Compliance Department
JLN\600026.044\SALEDOCS (05-21-14)
40
41
EVENT NOTICE PURSUANT TO SEC RULE 15c2-12(b)(5)(C)
TO:
The Municipal Securities Rulemaking Board via the Electronic Municipal Market Access system
for municipal securities disclosures (www.emma.msrb.org)
Issuer/Obligated Person:
City of Atchison, Kansas (the “Obligated Person”)
Issue(s) to which this Report
Relates:
General Obligation Temporary Notes, Series 2013-1, dated August 15,
2013
CUSIP Numbers for Issue
to which this Report relates:
Event Reported:
046681 NU2
Redemption of above-referenced Notes on July 8, 2014; see attached
Exhibit A.
The information contained in this Notice has been submitted by the Obligated Person
pursuant to contractual undertakings the Obligated Person made in accordance with SEC Rule
15c2-12. Nothing contained in the undertaking or this Notice is, or should be construed as, a
representation by the Obligated Person that the information included in this Notice constitutes all
of the information that may be material to a decision to invest in, hold or dispose of any of the
securities listed above, or any other securities of the Obligated Person.
For additional information, contact:
City Hall
515 Kansas Avenue
Attention: Finance Director
Phone No. (913) 367-5500; Fax No. (913) 367-3654
Date Submitted: June 6, 2014.
By:
Enclosure
cc:
UMB Bank, n.a., Kansas City, Missouri
JLN\600026.044\SALEDOCS (05-21-14)
41
42
General Obligation Improvement Bonds
Series 2014
Table of Contents
Report
ISSUE SUMMARY
Total Issue Sources And Uses
1
Debt Service Schedule
2
CONFERENCE CENTER
3
FIRE TRUCK
4
STREET PROJECT
5
2014 Bond sizing | Issue Summary | 2/25/2014 | 4:36 PM
Public Finance
42
43
Series 2014
Total Issue Sources And Uses
Dated 06/05/2014 | Delivered 06/05/2014
Conference
Center
Fire Truck
Street Project
Issue
Summary
$2,740,000.00
$840,000.00
$975,000.00
$4,555,000.00
77,330.05
23,795.10
44,349.30
145,474.45
$2,817,330.05
$863,795.10
$1,019,349.30
$4,700,474.45
Total Underwriter's Discount (0.900%)
24,660.00
7,560.00
8,775.00
40,995.00
Costs of Issuance
29,354.99
8,999.33
10,445.68
48,800.00
200,000.00
848,953.00
1,000,000.00
2,048,953.00
Sources Of Funds
Par Amount of Bonds
Reoffering Premium
Total Sources
Uses Of Funds
Deposit to Project Construction Fund
Payment of Temp Note Principal
2,550,000.00
-
-
2,550,000.00
Payment of Temp Note Interest
8,261.67
-
-
8,261.67
Rounding Amount
5,053.39
(1,717.23)
128.62
3,464.78
$2 817 330 05
$2,817,330.05
$863 795 10
$863,795.10
$1 019 349 30
$1,019,349.30
$4 700 474 45
$4,700,474.45
Total Uses
Public Finance
Page 1
43
44
Series 2014
Date
Principal
Coupon
Interest
Total P+I
09/01/2014
-
-
-
364,946.60
09/01/2015
190,000.00
2.000%
174,946.60
09/01/2016
235,000.00
2.000%
137,412.50
372,412.50
09/01/2017
235,000.00
2.000%
132,712.50
367,712.50
09/01/2018
240,000.00
2.000%
128,012.50
368,012.50
09/01/2019
245,000.00
3.000%
123,212.50
368,212.50
09/01/2020
250,000.00
3.000%
115,862.50
365,862.50
09/01/2021
255,000.00
3.000%
108,362.50
363,362.50
09/01/2022
270,000.00
3.000%
100,712.50
370,712.50
09/01/2023
280,000.00
3.000%
92,612.50
372,612.50
09/01/2024
280,000.00
3.000%
84,212.50
364,212.50
09/01/2025
175,000.00
3.000%
75,812.50
250,812.50
09/01/2026
185,000.00
3.500%
70,562.50
255,562.50
09/01/2027
190,000.00
3.500%
64,087.50
254,087.50
09/01/2028
195,000.00
3.500%
57,437.50
252,437.50
09/01/2029
200,000.00
3.500%
50,612.50
250,612.50
09/01/2030
210,000.00
3.500%
43,612.50
253,612.50
09/01/2031
215,000.00
3.750%
36,262.50
251,262.50
09/01/2032
230,000.00
4.000%
28,200.00
258,200.00
09/01/2033
235,000.00
4.000%
19,000.00
254,000.00
09/01/2034
240,000.00
4.000%
9,600.00
249,600.00
Total
$4,555,000.00
-
$1,653,246.60
$6,208,246.60
Yield Statistics
Bond Year Dollars
$48,168.14
Average Life
10.575 Years
Average Coupon
3.4322410%
Net Interest Cost (NIC)
3.2153353%
True Interest Cost (TIC)
3.1277625%
Bond Yield for Arbitrage Purposes
2.9882987%
All Inclusive Cost (AIC)
3.2501627%
IRS Form 8038
Net Interest Cost
3.0550006%
Weighted Average Maturity
10.500 Years
Public Finance
Page 2
44
45
Preliminary
Series 2014
Conference Center Project
Date
Principal
Coupon
Interest
09/01/2014
-
-
-
Total P+I
-
09/01/2015
85 000 00
85,000.00
2 000%
2.000%
109 564 24
109,564.24
194 564 24
194,564.24
09/01/2016
110,000.00
2.000%
86,737.50
196,737.50
09/01/2017
110,000.00
2.000%
84,537.50
194,537.50
09/01/2018
110,000.00
2.000%
82,337.50
192,337.50
09/01/2019
115,000.00
3.000%
80,137.50
195,137.50
09/01/2020
115,000.00
3.000%
76,687.50
191,687.50
09/01/2021
120,000.00
3.000%
73,237.50
193,237.50
09/01/2022
125,000.00
3.000%
69,637.50
194,637.50
09/01/2023
130,000.00
3.000%
65,887.50
195,887.50
09/01/2024
130,000.00
3.000%
61,987.50
191,987.50
09/01/2025
135,000.00
3.000%
58,087.50
193,087.50
09/01/2026
140,000.00
3.500%
54,037.50
194,037.50
09/01/2027
145,000.00
3.500%
49,137.50
194,137.50
09/01/2028
150,000.00
3.500%
44,062.50
194,062.50
09/01/2029
155,000.00
3.500%
38,812.50
193,812.50
09/01/2030
160 000 00
160,000.00
3 500%
3.500%
33 387 50
33,387.50
193 387 50
193,387.50
09/01/2031
165,000.00
3.750%
27,787.50
192,787.50
09/01/2032
175,000.00
4.000%
21,600.00
196,600.00
09/01/2033
180,000.00
4.000%
14,600.00
194,600.00
09/01/2034
185,000.00
4.000%
7,400.00
192,400.00
Total
$2,740,000.00
-
$1,139,664.24
$3,879,664.24
Yield Statistics
Bond Year Dollars
$32,414.56
Average Life
11.830 Years
Average Coupon
3.5159027%
3.3534138%
3.2776237%
2.9882987%
3.3901052%
IRS Form 8038
Net Interest Cost
3.2077899%
11.755 Years
2014 Bond sizing | Conference Center | 2/25/2014 | 4:36 PM
Public Finance
Page 3
45
46
Preliminary
Series 2014
Fire Truck Project
Date
Principal
Coupon
Interest
09/01/2014
-
-
-
Total P+I
-
09/01/2015
25 000 00
25,000.00
2 000%
2.000%
33 542 92
33,542.92
58 542 92
58,542.92
09/01/2016
35,000.00
2.000%
26,575.00
61,575.00
09/01/2017
35,000.00
2.000%
25,875.00
60,875.00
09/01/2018
35,000.00
2.000%
25,175.00
60,175.00
09/01/2019
35,000.00
3.000%
24,475.00
59,475.00
09/01/2020
35,000.00
3.000%
23,425.00
58,425.00
09/01/2021
35,000.00
3.000%
22,375.00
57,375.00
09/01/2022
40,000.00
3.000%
21,325.00
61,325.00
09/01/2023
40,000.00
3.000%
20,125.00
60,125.00
09/01/2024
40,000.00
3.000%
18,925.00
58,925.00
09/01/2025
40,000.00
3.000%
17,725.00
57,725.00
09/01/2026
45,000.00
3.500%
16,525.00
61,525.00
09/01/2027
45,000.00
3.500%
14,950.00
59,950.00
09/01/2028
45,000.00
3.500%
13,375.00
58,375.00
09/01/2029
45,000.00
3.500%
11,800.00
56,800.00
09/01/2030
50 000 00
50,000.00
3 500%
3.500%
10 225 00
10,225.00
60 225 00
60,225.00
09/01/2031
50,000.00
3.750%
8,475.00
58,475.00
09/01/2032
55,000.00
4.000%
6,600.00
61,600.00
09/01/2033
55,000.00
4.000%
4,400.00
59,400.00
09/01/2034
55,000.00
4.000%
2,200.00
57,200.00
Total
$840,000.00
-
$348,092.92
$1,188,092.92
Yield Statistics
Bond Year Dollars
$9,905.67
Average Life
11.792 Years
Average Coupon
3.5140787%
3.3501816%
3.2739508%
2.9882987%
3.3867005%
IRS Form 8038
Net Interest Cost
3.2039895%
11.718 Years
2014 Bond sizing | Fire Truck | 2/25/2014 | 4:36 PM
Public Finance
Page 4
46
47
Preliminary
Series 2014
Street Project
Date
Principal
Coupon
Interest
09/01/2014
-
-
-
Total P+I
-
09/01/2015
80 000 00
80,000.00
2 000%
2.000%
31 839 44
31,839.44
111 839 44
111,839.44
09/01/2016
90,000.00
2.000%
24,100.00
114,100.00
09/01/2017
90,000.00
2.000%
22,300.00
112,300.00
09/01/2018
95,000.00
2.000%
20,500.00
115,500.00
09/01/2019
95,000.00
3.000%
18,600.00
113,600.00
09/01/2020
100,000.00
3.000%
15,750.00
115,750.00
09/01/2021
100,000.00
3.000%
12,750.00
112,750.00
09/01/2022
105,000.00
3.000%
9,750.00
114,750.00
09/01/2023
110,000.00
3.000%
6,600.00
116,600.00
09/01/2024
110,000.00
3.000%
3,300.00
113,300.00
Total
$975,000.00
-
$165,489.44
$1,140,489.44
Yield Statistics
Bond Year Dollars
$5,847.92
Average Life
5.998 Years
Average Coupon
2.8298871%
2.2215628%
2.1605952%
2.9882987%
2.3505974%
IRS Form 8038
Net Interest Cost
1.9809608%
5.999 Years
2014 Bond sizing | Street Project | 2/25/2014 | 4:36 PM
Public Finance
Page 5
47
48
Title:
Resolutions 2946-2951, Demolition Hearings for:
1010 Walnut St.
1117 N. 10th St.
304 N. 4th St.
1035 Riley St.
1614 Commercial St.
1527 Kansas Ave.
Jerome L. Bratton
Sandra Faudere
Richard Burge
Richard Burge
Robert Frisbie
Timothy Van Dyke
June 2, 2014
Presented by:
Curtis Wheeler, Code Enforcement Officer
BACKGROUND:
•
•
•
•
•
A total of 12 dilapidated buildings have been identified thus far as part of the 2014 Community
Development Department Demolition Program.
Six (6) structures were brought before the Commission on April 21, 2014 and were unanimously
set for a Demolition Hearing on June 2, 2014.
The owners of record were notified as required by City ordinance.
Per Sec. 34-58, the Fire Chief, Public Works Director and the Building Inspector have examined
the buildings and agree they should be demolished.
The structures are severely dilapidated to such an extent that the structural strength or stability
is materially less than it was before, and is less than the minimum requirements of the building
code for new buildings of similar structure, purpose or location and it does not meet the
minimum standards of the Housing Code Chapter 37 for the City of Atchison.
The addresses are as follows:
Resolution 2946
Resolution 2947
Resolution 2948
Resolution 2949
Resolution 2950
Resolution 2951
1010 Walnut St.
1117 N. 10th St.
304 N. 4th St.
1035 Riley St.
1614 Commercial St.
1527 Kansas Ave.
Jerome L. Bratton
Sandra Faudere
Richard Burge
Richard Burge
Robert Frisbie
Timothy Van Dyke
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1010 Walnut St.
Owner: Jerome L. Bratton
Resolution No. 2946
The property is valued through Atchison County at $6,570.00 and 200% of this amount is $13,140.00.
Based on the damage reported through visual inspection and through utilizing the online demolition
analysis tool, Housing Demo Pro, a cost estimate of repairs was completed for the house. The total
estimated repair cost is $34,197.10.
Water has been off since October of 2005.
The property is not listed on the National Register of Historic Places.
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1117 N. 10th St.
Owner: Sandra Faudere
Resolution No. 2947
Water is currently on to this structure.
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304 N. 4th St.
Owner: Richard Burge
Resolution No. 2948
There is no record of water service to this building in the current computer system.
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1035 Riley St.
Owner: Richard Burge
Resolution No. 2949
There has been no water service to this building since September of 2010.
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1614 Commercial St.
Owner: Robert Frisbie
Resolution No. 2950
Water service is currently on to this building.
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1527 Kansas Ave.
Owner: Timothy Van Dyke
Resolution No. 2951
Owner is interested in participating in Cost Share Program.
Water has been off since September of 2007.
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FINANCIAL CONSIDERATIONS:
In 2014, the Community Development Department budgeted $100,000.00 for the demolition of
dilapidated structures and abatement of nuisances through the City.
LEGAL CONSIDERATIONS:
Sections 34-59, 34-76, 37-10, 37-34, 37-35 of the Code of Ordinances for the City of Atchison, Kansas.
Sec. 34-59. - Resolution fixing hearing; publication, mailing.
If the report provided for in section 34-58 shall state that a building, wall or structure, or any part thereof, is in
an insecure, unsafe or dangerous condition, or is being built, erected, constructed, repaired, altered or demolished in
such a way, so as to endanger the lives of persons or to endanger property, the city commission shall by resolution
fix a time and place at which the owner, the owner's agent, or any lienholders of record and any occupant of such
structure may appear and show cause why such structure should not be condemned and ordered repaired or
demolished. Such resolution shall be published once each week for two (2) consecutive weeks on the same day of
each week. At least thirty (30) days shall elapse between the last publication and the date set for the hearing. A copy
of the resolution shall be mailed by certified mail within three (3) days after its first publication to each such owner,
agent, lienholder and occupant, at the last known place of residence, and shall be marked "deliver to addressee
only".
Sec. 37-10. - Notice of violation and hearing; answer to violation; conduct of hearing; issuance
of order; failure by owner to repair, alter, improve or vacate and close; posting of placard;
failure to remove or demolish; collection of costs incurred by city.
The public officer shall exercise the powers prescribed in this chapter and make rules and regulations for the
interpretation and administration of this code.
(a)
Whenever it appears to the public officer (on his own motion) that any dwelling is unfit for human
habitation, the public officer shall, if his preliminary investigation discloses a basis for such charges,
issue and cause to be served upon the owner, every mortgagee of record and all parties in interest
in the dwelling (including persons in possession) a notice stating the violations in that respect; such
notice shall contain a time and date that a hearing will be held before the public officer or his
designated agent at a place therein fixed not less than ten (10) days nor more than thirty (30) days
after the serving of said notice that the owner, mortgagee, and parties in interest shall have the
right to file an answer to the violation and to appear in person, or otherwise, and give testimony at
the place and time fixed in the notice; any person desiring to do so may attend such hearing and
give evidence relevant to the matter being heard; and the rules or evidence prevailing in courts of
law or equity shall not be controlling in hearings before the public officer.
(b)
If, after such notice and hearing, the public officer determines that the dwelling under consideration
is unfit for human habitation, he shall state in writing his findings of fact in support of such
determination and the public officer shall issue and cause to be served upon the owner thereof an
order:
(1)
If the repair, alteration or improvement of said dwelling can be made at a cost of less than
two hundred percent (200%) of the assessed value of the dwelling the order shall require
the owner, within the time specified therein by the public officer, to repair, alter or improve
such dwelling so as to render it fit for human habitation or to vacate and close the dwelling
as a human habitation.
(2)
If the repair, alteration or improvement of said dwelling cannot be made at a cost of less
than two hundred percent (200%) of the assessed value of the dwelling the order shall
require the owner, within the time specified therein by the public officer, to remove or
demolish such dwelling.
(c)
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If the owner of a dwelling fails to comply with an order to repair, alter or improve, or to vacate and
close the dwelling the public officer may cause such dwelling to be repaired, altered and improved
or to be vacated and closed; the public officer shall cause to be posted on the main entrance of any
dwelling so closed a placard with the following words: "This dwelling is unfit for human habitation;
the use or occupation of this dwelling for human habitation is prohibited and unlawful."
(d)
If the owner fails to comply with an order to remove or demolish the dwelling, the public officer may
cause such dwelling to be removed or demolished, provided, however, that the duties of the public
officer set forth in this subsection shall not be exercised until the commission shall have, by
resolution ordered the public officer to proceed to effectuate the purposes of this chapter with
respect to the particular property or properties which the public officer shall have found to be unfit
for human habitation and which property or properties shall be described in the resolution.
(e)
The amount of the cost of such repair, alteration, improvements, vacating or closing or removal or
demolition by the public officer shall be a lien against the real property upon which such cost was
incurred; and such lien including advertising, time of the public officer, time of other city personnel,
necessary attorney fees, and any other expenses directly caused by this action, may be foreclosed
in judicial proceedings in the manner provided or authorized by law for loans accrued by liens on
real property. If the dwelling is removed or demolished by the public officer, he shall sell the
material of such dwelling and shall credit the proceeds of such sale against the cost of removal or
demolition, and any balance remaining shall be paid to the parties entitled thereto by proper judicial
proceedings instituted by the public officer after deducting the cost of such judicial proceedings
including his necessary attorney's fees incurred therein as determined by the court.
Sec. 37-34. - Factors making dwelling unfit for human habitation.
The public officer may determine that a dwelling is unfit for human habitation if he finds that any of the
following conditions exist in such dwellings:
(a)
Interior walls or other vertical structural member which list, lean or buckle to such an extent that a
plumb line passing through the center of gravity falls outside the middle third of its base;
(b)
Supporting member or members which show thirty-three (33) per cent or more of damage or
deterioration or nonsupporting enclosing or outside walls or covering which shows fifty (50) per cent
or more of damage or deterioration;
(c)
Floors or roof which have improperly distributed loads, which are overloaded, or which have
insufficient strength to be reasonably safe for the purposes used;
(d)
Such damage by fire, wind or other causes as endangers the lives, safety or welfare of occupants
or residents in the city;
(e)
Dilapidation, decay, insanitation or disrepair which is likely to cause sickness or disease, or to work
injury to the health, safety or welfare of the occupants or other people in the city; inadequate
facilities for egress in case of fire or panic, defects therein increasing the hazards of fire, accident
or other calamities;
(f)
Such lack of adequate ventilation, light, heating or sanitary facilities as to endanger the health,
morals, safety or general welfare of the occupant or residents of the city;
(g)
Violation of any provision of the building regulations, fire prevention laws or ordinances of the state
or city;
(h)
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A habitable room, except bathroom, with window area less than either one-eighth (⅛) of the floor
area or twelve (12) square feet, and of which one window will [open] and has an openable window
area less than fifty per cent (50%) of the window or skylight area, whichever is greater, unless
properly ventilated by mechanical means;
(i)
A bathroom which does not have at least one outside window area aggregate of three (3) square
feet which can be opened or does not have other means of adequate ventilation; or
(j)
Such relationship to adjoining buildings or dwellings that light or air is inadequate or that a fire
hazard exists.
(k)
Whenever the only window in a room is a skylight-type window in the top of such room, the total
window area of such skylight shall equal at least fifteen (15) per cent of the total floor area of such
room.
Sec. 37-35. - Minimum facilities required.
(a)
A dwelling may be found by the public officer to be unfit for human habitation and he shall so find, if the
same does not have minimum facilities consisting of:
(1)
A installed kitchen sink with hot and cold running water.
(2)
An inside bathroom which shall consist of properly installed and operable fixtures, maintained in a
safe and good working order, and connected to a water and sewer system approved by the
appropriate authority, as follows: Tub or shower, a lavatory and water closet, with one ceiling or
wall type electrical light fixture and one wall type electrical plug receptacle. Bathroom floors shall be
impervious to water, which shall for the purpose of this section be defined as follows: Every floor
shall be made of terrazzo, tile, smooth concrete, dense hardwood with tightly fitting joints, rubber
asphalt tile, linoleum or other similar material providing a surface which is easily cleanable and
reasonably impervious to water; or such floor is made of one of the denser soft woods, with tightly
fitting joints, and is covered with varnish, lacquer or other similar coating. All such constructed
floors may be covered with carpeting or similar coverings; provided, that said covering is
maintained in a clean, dry, sanitary condition. Laundry rooms, furnace rooms, porches, halls and
corridors shall have a minimum of one supplied ceiling or way type light fixture in good working
order.
(3)
Properly installed and maintained in a safe and good working order and be connected to the source
of electrical power in a safe manner, and safely operable electrical lighting facilities with at least two
(2) plug receptacles in every habitable room or one outlet in the ceiling fixture with the light switch
and one wall type plug receptacle. Every public hall, stairway and foyer shall have sufficient lighting
through windows or from electrical lights to provide illumination of at least one foot-candle on every
part of such areas at all times of the day or night. Except however, public halls and stairways in
structures devoted solely to dwelling occupancy and containing not more than four (4) dwelling
units may be supplied with conveniently located light switches controlling an adequate light system
which may be turned on whenever needed.
(4)
Properly installed heating facilities maintained in safe and good working order, capable of safely
maintaining a temperature of seventy (70) degrees Fahrenheit at a distance three (3) feet above
the floor level, under ordinary minimum winter conditions, consisting of one or more heating
appliances, or operator controls, central heating equipment, in all habitable rooms, and bathrooms.
Chimneys and/or flues shall be maintained free of stoppages, and adequately supported and free
of conditions that will cause leakage or backing up of noxious gases.
(5)
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Every window, exterior door, and basement hatchway shall be reasonably watertight, and rodent
proof, and shall be kept in sound working condition and good repair, which shall mean that every
window is fully supplied with window panes, which are without open cracks or holes; every window
sash is in good condition and fits reasonably tight within its frame; every window other than fixed
windows are capable of being opened and held in open position.
Every exterior door, door hinge and door latch is in sound working condition; every exterior door
when closed, fits reasonably well within its frame; all windows and doors and their frames are
constructed and maintained in such relation to wall construction as to completely exclude rain and
substantially to exclude wind from entering the structures; every basement hatchway is so
constructed and maintained as to prevent entrance of rodents, rain and surface drainage water into
its dwelling.
(6)
Screening. Screens shall be provided to effectively cover openings to the outside, such as
windows, doors, etc., with mesh of such fineness used ordinarily in dwelling units to prevent the
entrance of flies, mosquitoes and other similar pests, where said openings are required for
ventilation of dwelling.
(7)
Room sizes. The living or principal room shall be not less than one hundred fifty (150) square feet;
the first bedroom shall be not less than one hundred (100) square feet; and each other bedroom, if
any, shall be not less than seventy (70) square feet.
(8)
Every dwelling shall contain at least one hundred fifty (150) square feet of floor space for the first
occupant thereof and at least one hundred (100) additional square feet of floor space for every
additional occupant thereof, the floor space to be calculated on the basis of total habitable room
area. Single family owner occupied dwellings which are found to generally meet the occupant's
needs, may be exempted by the housing code appeals board from the dwelling space
requirements.
(9)
At least one-half (½) of the floor area of every habitable room shall have a ceiling height of at least
seven (7) feet.
(10)
Adequate rubbish storage facilities, of a type and location of which are approved by the health
officer: No dwelling unit shall be deemed to comply with the requirements of this section relating to
rubbish storage and disposal unless rubbish stored outdoors is stored in one or more rubbish
storage boxes or containers which are flytight, rodent proof, nonflammable and are reasonably
waterproof; rubbish stored in the basement or cellar or in an enclosed structure such as a shed, is
stored in nonflammable containers; no loose rubbish is placed upon or strewn about on the floor of
any basement or cellar or other part of any dwelling or on the ground surrounding any dwelling.
(11)
Adequate garbage disposal facilities or garbage storage containers, type and location of which are
approved by the health officer. Adequate garbage storage containers shall be one or more flytight
and watertight metal garbage storage containers equipped with tightly fitting metal covers, or
garbage is disposed of in a garbage grinder which grinds garbage finely, and is discharged into the
kitchen sink drain in a sanitary manner. Every outside garbage disposal storage container is so
maintained and so located on the premises that no odors will permeate any dwelling or dwelling
units. No loose garbage is placed or strewn about on the floor of any basement or cellar or any
other part of any dwelling, or on the ground surrounding any dwelling.
(12)
Open storage of abandoned or inoperable vehicles, ice boxes, glass, stoves and other appliances,
building material, scrap piles, etc., shall not be allowed upon the lot, lots, streets, or alleys, or
parcel of ground surrounding any dwelling unit or units. Storage of trailers shall not be allowed on
streets or alleys surrounding any dwelling unit or units.
(b)
All of the aforesaid minimum requirements shall be constructed and/or installed in accordance with the
applicable ordinance(s) of the City of Atchison, regulating the same.
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The resolutions set forth the legal protocol for notifying owners and the public in regard to the
demolitions.
POLICY CONSIDERATION:
The City Commission has prioritized creating a safer, healthier community and reducing neighborhood
blight through its 2014 fiscal year appropriations for nuisance abatement and demolitions.
RECOMMENDED ACTION:
Adopt Resolutions No. 2946, 2947, 2948, 2949, 2950, and 2951.
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(PUBLISHED IN THE ATCHISON GLOBE _________________, 2014)
RESOLUTION NO. 2946
A RESOLUTION AS TO WHY THE STRUCTURE LOCATED
AT 1010 WALNUT ST. SHOULD BE CONDEMNED AND
ORDERED REPAIRED OR DEMOLISHED.
KANSAS:
WHEREAS, the Governing Body of the City of Atchison, Kansas, recognizing it to be a
matter of public welfare to protect its citizenry against the risk of dangerous structures; and
WHEREAS, such Governing Body did upon the 21st day of April, 2014, passed a
resolution directing that a “Show Cause Hearing” be held respecting the property hereinafter
described as, to wit:
Lots 17-18, Block 7, North Atchison Addition, an addition to the
City of Atchison, Kansas.
WHEREAS, proper notice has been given pursuant to Section 34-59 and 34-60 of the
Code of Ordinances, City of Atchison, Kansas; and
WHEREAS, the Governing Body did have a show cause hearing on the 2nd day of June,
2014, pursuant to Section 34-57 et. seq., Code of Ordinances, City of Atchison, in regard to the
property described above; and
WHEREAS, said body, after hearing the evidence and the expert opinion presented by
the Building Inspector, determined that the structure located on the above described property is
unsafe and dangerous for the following reasons, to wit:
The structure is severely dilapidated to such an extent that the structural strength or
stability is materially less than it was before, and is less than the minimum requirements
of the building code for new buildings of similar structure, purpose or location and it does
not meet the minimum standards of the Housing code, Chapter 37, for the City of
Atchison.
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SECTION 1. That the owner herein, Jerome Bratton, be ordered, pursuant to Section 3461 of the Code of Ordinances of the City of Atchison to repair or remove said structure by the 2nd
day of July, 2014.
SECTION 2. That notice of this order is given in accordance with Section 34-61.1 of the
Code of Ordinances of the City of Atchison.
SECTION 3. That if said owner does not comply with the order set forth in Section 1.
above, then the Building Inspector of the City of Atchison shall enter upon the premises with
necessary workmen, pursuant to Section 34-64, of the Code of Ordinances of the City of
Atchison, and shall proceed to secure or demolish and remove the structure from the real estate
heretofore described.
SECTION 4. This Resolution shall be in effect from and after its adoption and upon its
publication once in the official City newspaper.
ADOPTED, this __________ day of ____________________, 2014.
______________________________
DAVID W. BUTLER
MAYOR
ATTEST:
__________________________________
DEBRA A. CLEM
CITY CLERK
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RESOLUTION NO. 2947
AT 1117 NORTH TENTH ST. SHOULD BE CONDEMNED
AND ORDERED REPAIRED OR DEMOLISHED.
KANSAS:
Lots 5-6, Block 17, North Atchison Addition, an addition to the City
of Atchison, Kansas.
Atchison.
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SECTION 1. That the owner herein, Sandra Jean Faudere, be ordered, pursuant to
Section 34-61 of the Code of Ordinances of the City of Atchison to repair or remove said
structure by the 2nd day of July, 2014.
______________________________
DAVID W. BUTLER
MAYOR
ATTEST:
__________________________________
DEBRA A. CLEM
CITY CLERK
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RESOLUTION NO. 2948
AT 304 NORTH FOURTH ST. SHOULD BE CONDEMNED
KANSAS:
Lot 8, Block 3, in that part of the City of Atchison, Kansas usually
known and designated as “Old Atchison”.
Atchison.
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SECTION 1. That the owner herein, Richard Dean Burge, be ordered, pursuant to
______________________________
DAVID W. BUTLER
MAYOR
ATTEST:
__________________________________
DEBRA A. CLEM
CITY CLERK
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RESOLUTION NO. 2949
AT 1035 RILEY ST. SHOULD BE CONDEMNED AND
KANSAS:
West 83.25 Feet of the East 107.5 Feet of Lot 6, Block Q, in that part
of the City of Atchison, Kansas usually known and designated as
“Old Atchison”.
Atchison.
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SECTION 1. That the owner herein, Richard Dean Burge, be ordered, pursuant to
______________________________
DAVID W. BUTLER
MAYOR
ATTEST:
__________________________________
DEBRA A. CLEM
CITY CLERK
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RESOLUTION NO. 2950
AT 1614 COMMERCIAL ST. SHOULD BE CONDEMNED
KANSAS:
West 45 Feet of Lot 4, Block 17, West Atchison (John Robert’s)
Addition to the City of Atchison, Kansas.
Atchison.
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SECTION 1. That the owner herein, Robert B. Frisbie, be ordered, pursuant to Section
34-61 of the Code of Ordinances of the City of Atchison to repair or remove said structure by the
2nd day of July, 2014.
______________________________
DAVID W. BUTLER
MAYOR
ATTEST:
__________________________________
DEBRA A. CLEM
CITY CLERK
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RESOLUTION NO. 2951
AT 1527 KANSAS AVE. SHOULD BE CONDEMNED AND
KANSAS:
West 40 Feet of Lot 13, Block 10, West Atchison (John Robert’s)
Addition to the City of Atchison, Kansas.
Atchison.
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SECTION 1. That the owner herein, Tim Van Dyke, be ordered, pursuant to Section 3461 of the Code of Ordinances of the City of Atchison to repair or remove said structure by the 2nd
day of July, 2014.
______________________________
DAVID W. BUTLER
MAYOR
ATTEST:
__________________________________
DEBRA A. CLEM
CITY CLERK
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Title:
Resolution No. 2954: Support for the Next Generation Innovation Center
June 2, 2014
Presented by:
Stefanie Leif, Community Development Director
BACKGROUND:





For many years, the Atchison community has discussed the need for a business incubator to foster great
ideas and provide the grounds for entrepreneurs and inventors to start a business in a safe and low-cost
environment.
Over the past couple of years, Mo-Kan Regional Council has begun working on feasibility studies to
determine whether a business incubator, specifically for arts, technology, and manufacturing industries,
would thrive within the Mo-Kan region.
Mo-Kan’s process, coupled with a local initiative and support from education, business, and government
institutions in Atchison, began to evolve into an application for a U.S. Economic Development
Administration grant for an incubator in St. Joseph, MO, with a satellite incubator in Atchison. The
grant, which will be submitted either in June or October 2014, would fund a portion of the start-up of
the project, currently named the Next Generation Innovation Center. Local partners are sought to
provide additional financial support for both start-up and sustainability during the incubator’s fledgling
years.
The Next Generation Innovation Center will offer a mix of open workshops for wood, metal, and digital
fabrication, clean space for digital design and 3D printing, private offices and studios, and shared
reception, conference, and event spaces. The center could be utilized by local companies to perform
research and development on new products without the capital investment burden, individuals from
Atchison County and surrounding areas to grow an idea and develop products, Benedictine College
students, Highland Community College students, and students from USD 377 and 409. It would be a hub
of innovation for all of northeast Kansas.
The City has the opportunity to pledge $50,000 over five years towards the development of a center in
Atchison, Kansas.
FINANCIAL CONSIDERATIONS: The $50,000 pledge over five years would be paid in installments of $10,000 per
year.
LEGAL CONSIDERATIONS: The resolution does not bind future City Commissions, but it publicly states the
intent of this Commission to support the center.
POLICY CONSIDERATION: The resulting project when completed will be an economic driver for Atchison, as it
will allow businesses to start in the center and then expand to grow investment and jobs in the community. The
project is a true partnership of business, education, and government institutions.
RECOMMENDED ACTION: Adopt Resolution No. 2954
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RESOLUTION NO. 2954
A RESOLUTION OF SUPPORT FOR THE NEXT GENERATION INNOVATION CENTER TO
BE LOCATED IN ATCHISON, KANSAS AND PLEDGING $50,000 TO THE PROJECT OVER
THE NEXT 5 YEARS
WHEREAS, The Next Generation Innovation Center (Engine Center) is a proposed mixed-use
facility equipped with state-of-the-art tools and resources for creative and technological
endeavors; and
WHEREAS, the aim is to connect members of the visual arts, technology, manufacturing, and
business sectors of the region in a way that energizes and broadens the scope of all; and
WHEREAS, The Engine Center concept draws on the region’s strong manufacturing base, rapid
growth in the arts, educational infrastructure, and entrepreneurial spirit; and
WHEREAS, major stakeholders in these areas have been solicited and are in agreement that
not only is there a sufficient population to support such a facility, there is also an immediate
need; and
WHEREAS, The Engine Center will be a “creative accelerator”; and
WHEREAS, traditional incubators focus on providing office space for fledgling businesses,
accelerators aim to create the vibrant community interaction within which entrepreneurship
thrives; and
WHEREAS, each cohort of tenants will be made up of complimentary individuals and
businesses, so that artists and designers, inventors and marketers, start-ups and expanding
operations have the opportunity to work side by side; and
WHEREAS, The facility itself will be a mix of open workshops for wood, metal, and
digital fabrication; clean space for digital design and 3D printing; private offices and studios; and
shared reception, conference, and event spaces; and
WHEREAS, There is an opportunity to utilize contributions from the private and public sector in
Atchison to create the Next Generation Innovation Center; and
WHEREAS, The City of Atchison can leverage a $50,000 pledge into a million dollar project that
benefits the entire community, and create economic development and growth.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
ATCHISON, KANSAS:
SECTION 1. The City of Atchison supports the Next Generation Innovation Center to be located
in Atchison, Kansas. The City Commission directs City Staff to work diligently on the project.
SECTION 2. The City of Atchison pledges $50,000 in support towards the Next Generation
Innovation Center over the next five years at $10,000 per year for the facility to be located in
Atchison, Kansas.
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ADOPTED AND PASSED by the Governing Body of the Atchison, Kansas, this 2nd day of June,
2014.
__________________________________
DAVID W. BUTLER
MAYOR
ATTEST:
______________________________________
DEBRA A. CLEM, CITY CLERK
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Commission Action Report Title: Proposed Agenda Date: Economic Development Marketing Update Presented by: Stefanie Leif, AICP, Director of Community Development June 2, 2014 BACKGROUND: One of the primary functions of the Community Development Department is to work on economic development, including existing business retention and expansion and new business recruitment. The City has a budget for marketing and promotion of the community for new businesses and existing businesses. Community Development Director Stefanie Leif travels throughout the year to locales within and outside of Kansas to promote Atchison. Below is a summary of the activities in the latter half of 2013 and thus far in 2014:  Team Kansas Board of Directors: Ms. Leif was appointed in 2013 to serve on the board of the statewide business recruitment and marketing arm for the State of Kansas, Team Kansas (formerly called the Kansas Cavalry). She currently serves as the Deputy Regional Director, Region 2. The Team Kansas Board of Directors meets throughout the year and has significant influence over the marketing events that the State of Kansas Department of Commerce engages in within the year. The City of Atchison is a member of Team Kansas and participates in two (2) Team Kansas events each year as part of its membership.  June 2013: Partnership with Kansas Department of Commerce (Team Kansas event): Luncheon for site consultants and commercial real estate brokers based near Minneapolis, MN. Met with eight consultants to discuss their markets and opportunities in Atchison.  November 2013: Intermodal Association of North America (IANA) Convention and Trade Show, Houston, TX. Partnership in a booth with Kansas City Area Development Council and KC Smartport. Staffed trade show booth, met with attendees about opportunities in the greater KC region, distributed brochures on the Shannon Industrial Park, and had dinner with individuals from GM Intermodal’s business development division.  February 2014: Partnership with Kansas Department of Commerce (Team Kansas event): Luncheon for site consultants and commercial real estate brokers based near Houston, TX. Met with seven consultants to discuss their markets and opportunities in Atchison.  May 2014: International Council of Shopping Centers (ICSC) RECON convention, Las Vegas, NV. The City Manager, City Commissioner Jack Bower, and the Community Development Director participated in this national convention for retailers. Met with nearly 20 retailers, including hotel, restaurant, variety goods, and clothing companies, as well as several real estate developers and two retail market analysis consulting firms. 75
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Upcoming June 2014: o Partnership with KS Department of Commerce (Team Kansas event): Luncheon for site consultants based near Austin, TX. o Team Kansas Annual Awards Dinner, Wichita State University: Recognition of individual and business leaders in economic development in the state of Kansas. 2014 Economic Development Training:  April 2014: International Economic Development Council (IEDC) business retention and expansion training, Atlanta, GA. Economic developers from around the country gathered for a two‐day training course on current best practices for assisting existing businesses in a community. FINANCIAL CONSIDERATIONS: The City budgeted $25,000 for marketing and promotion in the FY 2014 budget. The Team Kansas membership is $2,500 per year, exclusive of travel costs. The Community Development Department has a FY14 budget of $5,000 for training/travel for all department employees. The Director pays for all economic development marketing and travel expenses from the marketing and promotion line item. Non‐economic development travel and training for the Director and all travel and training for other staff is paid for out of the training/travel line item. LEGAL CONSIDERATIONS: None at this time. POLICY CONSIDERATION: None at this time. RECOMMENDED ACTION: Receive and file. 76
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Commission Action Report Title: Resolution No. 2952: 2015 KLINK US‐73 Highway Resurfacing Proposed Agenda Date: June 2, 2014 Presented by: Justin Pregont, Public Works Director BACKGROUND: 
In April 2013, the City Commission authorized an application to KDOT for 2015 KLINK funding to perform resurfacing on US‐73 Highway. KDOT has now approved the City’s application and will fund 50% of the project costs, up to $200,000.  The project includes crack sealing, micro surface slurry sealing, pavement replacement, pavement marking and traffic control on US‐73 Highway from the 10th & Main intersection to the south City Limits.  The City has submitted an application for funding for the same scope of work on US‐73 for 2016 as well. If that application is approved, the full project will be performed in 2016. Adoption of Resolution No. 2952 allows the City to secure the 2015 KLINK funding, for use in either 2015 or 2016, depending on the results of the 2016 KLINK funding application. FINANCIAL CONSIDERATIONS: 
The City will let the contract and administer construction of this project. The City is responsible for all preliminary engineering costs (design, rights‐of‐way, and utility adjustment), plus 50% of actual construction costs. The City’s estimated cost for this project is $215,000, to be funded from either the 2015 or 2016 CIP. LEGAL CONSDERATIONS: 
This has been reviewed and approved by the City Attorney. POLICY CONSIDERATION: 
Adoption of Resolution No. 2952 and authorization of the agreement with KDOT will allow funding to be set for this improvement project. RECOMMENDED ACTION: 
Adopt Resolution No. 2952 authorizing the Mayor to sign Agreement No. 264‐14 with the Kansas Department of Transportation for Project No. 73‐03 U‐0173‐01. 77
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RESOLUTION NO. 2952
A RESOLUTION RELATING TO STATE AID FOR THE
IMPROVEMENT OF CITY CONNECTING LINKS
ON THE STATE HIGHWAY SYSTEM
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
ATCHISON, KANSAS:
WHEREAS, the City of Atchison has applied for and the Secretary has approved a
KLINK Resurfacing Project to fund modified slurry seal, crack sealing, pavement
replacement, pavement marking and traffic control on US-73 Highway between 10th & Main
to the South City Limits; and
WHEREAS, the project will be funded with matching KDOT fiscal year 2015 funds;
and
WHEREAS, this project has been addressed in the City’s fiscal year 2015 capital
improvement program.
SECTION 1. That the Mayor and City Clerk are authorized and directed to execute
for and on behalf of the City of Atchison, Kansas, 2015 KLINK 1R Modified Slurry Seal &
Pavement Markings Project, Agreement No. 264-14 between the City of Atchison and
Kansas Department of Transportation, giving the Secretary of Transportation of the State of
Kansas authority to act for the City, and in its place and stead, to obtain for the City the
benefits of State Aid and obtain the benefits of such legislation for the City on the terms and
conditions set in such agreement as may be prepared and approved by the Secretary of
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Transportation and requesting and authorizing the Secretary of Transportation of the State
of Kansas to undertake and complete the improvement of US-73 Highway Project No. (US)
73-03 K-0173-01 on US-73 Highway between 10th & Main to the South City Limits.
SECTION 2. This resolution shall take effect upon its adoption.
ADOPTED this 2nd day of June 2014.
____________________________
MAYOR
ATTEST:
_______________________________________________________
DEBRA CLEM, CITY CLERK
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City of Atchison
Project No. 73-3 U-TBA-01
US-73 KLINK 1R Project Modified Slurry Seal & Pavement Markings
From 10th & Main to South City Limts
Fiscal Year 2015-2016
Engineers Estimate
NO.
DESCRIPTION
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Mobilization (Q)
Asphalt Crack Sealing (Q)
Asphalt Pavement Repair (Q)
Concrete Pavement Repair (Q)
Micro Surfacing (Q)
Remove Existing Pavement Markings (Q)
Temporary Pavement Marking (Q)
Pavement Marking (Intersection Grade) (Yellow) (4") (Q)
Pavement Marking (Intersection Grade) (White) (6") (Q)
Pvmt. Mrk. Symbol (Intersection Grade) (White) (Arrows) (Q)
Pavement Marking (Intersection Grade) (ONLY) (Q)
Pavement Marking (Intersection Grade) (RR Crossing) (Q)
Traffic Control (Q)
QUANTITY
UNIT
UNIT PRICE
1
16000
185
4000
57650
1
1
19372
12718
328
208
31
1
4
1
LS
LF
SY
SY
SY
LS
LS
LF
LF
LF
LF
E.A.
E.A.
E.A.
LS
$30,000.00
$0.84
$79.00
$125.00
$2.94
$30,000.00
$9,500.00
$0.44
$0.55
$11.00
$12.00
$220.00
$319.00
$425.00
$20,000.00
TOTAL ESTIMATED CONSTRUCTION COST
EXTENSION
$30,000.00
$13,440.00
$14,615.00
$500,000.00
$169,491.00
$30,000.00
$9,500.00
$8,523.68
$6,994.90
$3,608.00
$2,496.00
$6,820.00
$319.00
$1,700.00
$20,000.00
$817,507.58
1. (Q) designates items qualified for KDOT matching funds. (NQ) designates items not qualified for KDOT matching funds.
Costruction cost
Construction engineering at 0%
2014 total project cost
Inflation factor 2%
2016 Total project cost
State funding
City's share
$817,507.58
$0.00
$817,507.58
50% or $400,000 max
50%
City's share 2015
City's share 2016
50%
50%
$833,857.73
$400,000
$433,858
$216,929
$216,929
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Agreement No. 264-14
PROJECT NO. 73-3 U-0173-01
KLINK RESURFACING PROJECT
CMS CONTRACT NO. _________________
AGREEMENT
This Agreement is between MICHAEL S. KING, Secretary of Transportation, Kansas
Department of Transportation (KDOT) (the “Secretary”) and the City of Atchison, Kansas (“City”),
collectively, the “Parties.”
RECITALS:
A. The City has applied for and the Secretary has approved a KLINK Resurfacing Project.
B. The Secretary and the City are empowered by the laws of Kansas to enter into agreements for
the construction and maintenance of city connecting links of the State Highway System through
the City.
C. The City desires to construct a street resurfacing Project on US-73, a city connecting link for
the State Highway System, in the City.
D. The Secretary desires to enter into an Agreement with the City to participate in the cost of the
Project by use of State Highway funds.
NOW, THEREFORE, the Parties agree as follows:
ARTICLE I
DEFINITIONS:
As used in this Agreement, the capitalized terms below have the following meanings:
1.
City Connecting Link - a route inside the city limits of a city which: (1) connects a
state highway through a city; (2) connects a state highway to a city connecting link of another state
highway; (3) is a state highway which terminates within such city; (4) connects a state highway with
a road or highway under the jurisdiction of the Kansas Turnpike Authority; or (5) begins and ends
within a city’s limits and is designated as part of the national system of Interstate and defense
highways.
2.
KLINK Resurfacing Program - a city connecting link (KLINK) resurfacing program
that is a part of the KDOT Local Partnership Program with cities and counties. The state’s participation
in the cost of construction and construction engineering will be seventy-five percent (75%) for cities
with a population of less than 10,000 or fifty percent (50%) for cities with a population of 10,000 or
greater, up to a maximum of $200,000.00 per fiscal year of state funds. The KLINK Resurfacing
Program is for contract maintenance only.
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3.
Project - mill and overlay, reconstruction, minor patching, joint repair, slurry seal,
microsurfacing, and any other pre-approved resurfacing methods for the KLINK Resurfacing Program
for US-73, from 10th and Main Streets to South City Limits.
4.
Eligible/Participating Bid Items - all bid items that pertain to Project resurfacing and
striping along the connecting link only. Items eligible for KLINK funding include manhole
adjustments, milling, overlays, aggregate or paved shoulders (if already existing), concrete pavement,
thin bonded concrete overlays, joint repair, slurry seals, bituminous seals, ultra thin bonded overlay,
concrete and asphalt pavement patching, subgrade improvement, reconstruction, traffic control,
transporting of salvageable material (millings), striping, traffic signal loops on the state highway and
that portion of the traffic signal loops that lie inside the return on side streets, and pavement marking
on the connecting link. Video-detection systems are participating, except on side streets; however, such
systems will require pre-approval, as well as additional details, and a bill of materials to be included in
the final design plans. Resurfacing work is participating out to the curb returns on side streets.
5.
Non-Eligible/Non-Participating Bid Items - items typically non-eligible for KLINK
funding include but are not limited to: bridge deck patching, utility adjustments, curb and gutter,
overlay of curb and gutter, adjustment or reestablishment of survey markers, drainage appurtenances,
driveways, entrances, sidewalks, sidewalk ramps, construction warranties, traffic loop construction
outside the return on a side street, video detection on side streets, and construction outside of the curb
and gutter. Work performed outside the Project limits on side streets, or outside the city limits is noneligible for state participation, items with unit price changes from the let price (other than items with
price adjustment specification in the bid documents) and any other items deemed non-eligible by the
Secretary.
6.
Fiscal Year (FY) - the state’s fiscal year begins July 1 and ends on June 30 of the
following calendar year.
ARTICLE II
SECRETARY RESPONSIBILITIES:
1.
Reimbursement of Project Costs. The Secretary agrees to reimburse the City fifty
percent (50%) of the total actual costs of construction (which includes the costs of all construction
contingency items) and construction engineering, but not to exceed $200,000.00, as the Secretary’s
total share of the cost to construct the Project. The Secretary shall not be responsible for the total actual
costs of construction (which includes the costs of all construction contingency items) and construction
engineering that exceed $400,000.00. The Secretary shall not be responsible for the total actual costs of
preliminary engineering, utility adjustments, or items not participating in the KLINK Resurfacing
Program.
2.
Reimbursement Payments. The Secretary will make such payment to the City as soon
as reasonably possible after construction of the Project is completed, after receipt of proper billing, and
attestation by a licensed professional engineer employed by the City that the Project was constructed
within substantial compliance of the final design plans and specifications.
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ARTICLE III
CITY RESPONSIBILITIES:
1.
Limited Scope. The Project is limited to roadway resurfacing along the Project
location. The Project roadway resurfacing may include all eligible items as defined above. Roadway
resurfacing does not include such non-eligible items as defined above and any other items deemed
non-eligible by the Secretary. The City will be responsible for construction of any traffic signal and/or
sidewalk improvements that are necessary to comply with the American Disabilities Act of 1990
(ADA) and its implementing regulations at 28 C.F.R. Part 35, regardless of whether such
improvements are deemed non-eligible/non-participating bid items by the Secretary for reimbursement
purposes.
2.
Secretary Authorization. The Secretary is authorized by the City to take such steps as
are deemed by the Secretary to be necessary or advisable for the purpose of securing the benefits of the
current KLINK Resurfacing Program for this Project.
3.
General Indemnification. To the extent permitted by law and subject to the maximum
liability provisions of the Kansas Tort Claims Act, the City will defend, indemnify, hold harmless, and
save the Secretary and the Secretary’s authorized representatives from any and all costs, liabilities,
expenses, suits, judgments, damages to persons or property or claims of any nature whatsoever arising
out of or in connection with the provisions or performance of this Agreement by the City, the City’s
employees, agents, or subcontractors. The City shall not be required to defend, indemnify, hold
harmless, and save the Secretary for negligent acts or omissions of the Secretary or the Secretary’s
authorized representatives or employees.
4.
Indemnification by Contractors. The City will require the contractor to indemnify,
hold harmless, and save the Secretary and the City from personal injury and property damage claims
arising out of the act of omission of the contractor, the contractor’s agent, subcontractors (at any tier),
or suppliers (at any tier). If the Secretary or the City defends a third party’s claim, the contractor shall
indemnify the Secretary and the City for damages paid to the third party and all related expenses either
the Secretary or the City or both incur in defending the claim.
5.
Design, Letting, and Administration. The City will prepare or contract to have
prepared, the design plans, specifications, and cost estimate (PS&E) for the Project, let the contract,
and award the contract to the lowest responsible bidder. The City agrees to construct or have
constructed the Project in accordance with the final design plans and specifications; inspect or have
inspected the construction; administer the Project; and make the payments due the contractor,
including the portion of cost borne by the Secretary. The City shall design the Project or contract to
have the Project designed in conformity with the current version of Section 16.0 City Connecting
Links (KLINK) Resurfacing Program of the LPA Project Development Manual.
6.
Responsibility for Adequacy of Design. The City and any consultant retained by the
City shall have the sole responsibility for the adequacy and accuracy of the design plans,
specifications, and estimates. Any review of these items that may be performed by the Secretary or the
Secretary’s representatives is not intended to and shall not be construed to be an undertaking of the
City’s and its consultant’s duty to provide adequate and accurate design plans, specifications, and
estimates. Such reviews are not done for the benefit of the consultant, the construction contractor, the
City, or other political subdivision, nor the traveling public. The Secretary makes no representation,
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expressed or implied warranty to any person or entity concerning the adequacy or accuracy of the
design plans, specifications, and estimates or any other work performed by the consultant or the City.
7.
Design Schedule and Submission to Secretary. The City will follow a schedule for
design and development of plans that will allow the Project to be let to contract in the programmed
fiscal year; otherwise, the City agrees the Secretary has the right to withdraw the Secretary’s
participation in the Project. If the City’s Project preliminary plans, specifications, and a cost estimate
(PPS&E) are submitted to KDOT’s Bureau of Local Projects later than May 1 of the programmed
fiscal year, at the Secretary’s discretion, the Project may be moved into a future fiscal year.
8.
Movement of Utilities. The City will move or adjust, or cause to be moved or adjusted,
and will be responsible for such removal or adjustment of all existing structures, pole lines, pipelines,
meters, and other utilities, publicly or privately owned, which may be necessary for construction of the
Project in accordance with the final design plans. The expense of the removal or adjustment of the
utilities and encroachments located on public right of way or easement shall be borne by the owner or
the City.
9.
Future Encroachments. The City will prohibit future erection, installation or
construction of encroachments either on or above the right of way, and it will not in the future permit
the erection of fuel dispensing pumps upon the right of way of the connecting link. The City further
agrees it will require any fuel dispensing pumps erected, moved or installed along the connecting link
be placed a distance from the right of way line no less than the distance permitted by the National Fire
Code.
10.
Legal Authority. The City will adopt all necessary ordinances and/or resolutions and
take such administrative or legal steps as may be required to give full effect to the terms of this
Agreement.
11.
Temporary Traffic Control. The City shall provide a temporary traffic control plan
within the design plans, which includes the City’s plan for handling multi-modal traffic during
construction, including detour routes and road closings, if necessary, and installation of alternate or
temporary pedestrian accessible paths to pedestrian facilities in the public Right of Way within the
Project Limits. The City’s temporary traffic control plan must be in conformity with the latest version
of the Manual on Uniform Traffic Control Devices (MUTCD), as adopted by the Secretary, and be in
compliance with the American Disabilities Act of 1990 (ADA) and its implementing regulations at 28
C.F.R. Part 35, and FHWA rules, regulations, and guidance pertaining to the same.
12.
Permanent Traffic Control. The City shall conform the location, form and character
of informational, regulatory and warning signs, of traffic signals and of curb and pavement or other
markings installed or placed by an public authority, or other agency as authorized by K.S.A. 8-2005,
shall conform to the manual and specifications adopted under K.S.A. 8-2003, and any amendments
thereto are incorporated by reference, and shall be subject to the approval of the Secretary.
13.
Access Control. The City will maintain control of access rights and prohibit the
construction or use of any entrances or access points along the Project within the City other than those
shown on the final design plans, unless prior approval is obtained from the Secretary.
14.
Final Design Plans. The final design plans will depict the entire Project location. The
eligible/participating bid items must be shown separated and listed apart from the non-eligible/non4
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participating bid items on the final design plans, bid documents, and on the detailed billing provided by
the City. The City shall have the final design plans signed and sealed by a licensed professional
engineer. The City will furnish to KDOT’s Bureau of Local Projects an electronic set of final design
plans and specifications. The City further agrees the specifications will require the contractor to
provide a performance bond in a sum not less than the amount of the contract as awarded.
15.
Program Administration. In addition to complying with all requirements contained in
Section 16.0 City Connecting Links (KLINK) Resurfacing Program of the LPA Project Development
Manual:
(a)
The City acknowledges that funding for the Project may be cancelled if the City
proceeds to advertise, let, or award a contract for the Project, prior to receipt of notification from
KDOT’s Bureau of Local Projects of its completion of the final review of the plans, specifications, and
estimates (PS&E).
(b)
The City acknowledges that funding for the Project may be cancelled if the City awards
the contract for the Project prior to its receipt of an “Authority to Award” notification from KDOT’s
Bureau of Local Projects.
(c)
The City will provide to KDOT’s Bureau of Local Projects an electronic copy of the
executed contract, the completed tax exemption form (PR-76 or PR-74a) and the City’s Notice of
Award.
(d)
After the contract for the Project is awarded, the City will promptly notify both the
Project Manager of KDOT’s Bureau of Local Projects and the KDOT Area Engineer to communicate
the date the contractor is anticipated to begin work on the Project.
(e)
The City acknowledges that any costs for work completed prior to receipt of a Notice of
Actual Start Date from the KDOT Area Engineer are ineligible for participation in the Program, will be
deemed non-participating costs, and shall be the responsibility of the City.
16.
Discrimination Laws. The City will: (a) comply with the Kansas Act Against
Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act
(K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42
U.S.C. 12101 et seq.)(ADA) and not discriminate against any person because of race, religion, color,
sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or
employment in, its programs or activities; (b) include in all solicitations or advertisements for
employees, the phrase “equal opportunity employer”; (c) comply with the reporting requirements set
out at K.S.A. 44-1031 and K.S.A. 44-1116; and (d) include those provisions in (a) through (c) in every
contract, subcontract or purchase order so they are binding upon such contractor, subcontractor or
vendor. If the City fails to comply with any applicable requirements of (a) through (d) above or if the
City is found guilty of any violation by federal or state agencies having enforcement jurisdiction for
those Acts, such violation will constitute a breach of this Agreement. If the Secretary determines the
City has violated applicable provisions of the ADA, the violation will constitute a breach of this
Agreement. If any violation under this paragraph occurs, this Agreement may be cancelled, terminated
or suspended in whole or in part.
17.
Prevailing Wages. The City will require the contractor to pay prevailing wages. The
City will incorporate into the construction contract the current general wage decision for the county in
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which the Project is being constructed. The City can obtain the current wage decision from the KDOT
Bureau of Construction and Materials website.
18.
Inspections. The City will provide the construction engineering/inspection necessary to
determine substantial compliance with the final design plans, specifications, and this Agreement. The
City will require at a minimum all personnel, whether City or consultant to comply with the high
visibility apparel requirements of the KDOT Safety Manual, Chapter 4, Section 8 Fluorescent Vests. If
the City executes an agreement for inspection, the agreement must contain this requirement as a
minimum. The City may set additional clothing requirements for adequate visibility of personnel.
19.
Corrective Work. Representatives of the Secretary may make periodic inspection of
the Project and the records of the City as may be deemed necessary or desirable. The City will direct or
cause its contractor to accomplish any corrective action or work required by the Secretary’s
representative as needed for a determination of the funding participation in the KLINK Resurfacing
Program. The Secretary does not undertake (for the benefit of the City, the contractor, the consultant,
or any third party) the duty to perform day-to-day detailed inspection of the Project or to catch the
contractor’s errors, omissions or deviations from the final design plans and specifications.
20.
Attestation. Upon completion of the Project the City shall have a licensed professional
engineer employed by the City attest in an email to the KDOT Area Engineer and the Project Manager
for KDOT’s Bureau of Local Projects, that the Project was completed in substantial compliance with
the final design plans and specifications.
21.
Final Acceptance. Prior to issuing final payment to the contractor, the City must obtain
final acceptance of the Project from the KDOT Area Engineer.
22.
Accounting. Upon request by the Secretary, the City will provide the Secretary an
accounting of all actual non-participating costs which are paid directly by the City to any party outside
of KDOT and costs incurred by the City not to be reimbursed by KDOT for preliminary engineering,
utility adjustments, or any other major expense associated with the Project. This will enable the
Secretary to report all costs of the Project to the legislature.
23.
Reimbursement Request. The City will request payment from the Secretary after the
City has paid the contractor in full, and a licensed professional engineer has attested in writing the
Project has been completed in conformance with the plans and specifications.
24.
Audit. The City will participate and cooperate with the Secretary in an annual audit of
the Project. The City shall make its records and books available to representatives of the Secretary for
audit for a period of five (5) years after date of final payment under this Agreement. If any such audits
reveal payments have been made with state funds by the City for items considered non-participating,
the City shall promptly reimburse the Secretary for such items upon notification by the Secretary.
ARTICLE IV
GENERAL PROVISIONS:
1.
Existing Right of Way. The Project will be constructed within the limits of the existing
right of way.
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2.
Incorporation of Final Plans. The final design plans and specifications are by this
reference made a part of this Agreement.
3.
Compliance with Federal and State Laws. The Parties agree to comply with all
appropriate state and federal laws and regulations applicable to this Project.
4.
Project Modification. Any of the following Project changes require the City to send a
formal notice to the Secretary for approval:
a.
b.
c.
d.
Fiscal year the Project is to be let
Project length
Project location
Project scope
Items b, c, and d require an attached map to scale.
It is further mutually agreed during construction, the City shall notify the Secretary of
any changes in the plans and specifications.
5.
Civil Rights Act. The “Special Attachment No. 1,” pertaining to the implementation of
the Civil Rights Act of 1964, is attached and made a part of this Agreement.
6.
Contractual Provisions. The Provisions found in Contractual Provisions Attachment
(Form DA-146a, Rev. 06-12), which is attached hereto, are hereby incorporated in this contract and
made a part hereof.
7.
Termination. If, in the judgment of the Secretary, sufficient funds are not appropriated
to continue the function performed in this Agreement and for the payment of the charges hereunder,
the Secretary may terminate this Agreement at the end of its current fiscal year. The Secretary will
participate in all costs approved by the Secretary incurred prior to the termination of the Agreement.
8.
Binding Agreement. This Agreement and all contracts entered into under the
provisions of this Agreement are binding upon the Secretary and the City and their successors in
office.
9.
No Third Party Beneficiaries. No third party beneficiaries are intended to be created
by this Agreement and nothing in this Agreement authorizes third parties to maintain a suit for
damages pursuant to the terms or provisions of this Agreement.
10.
Headings. The captions of the various articles and sections of this Agreement are for
convenience and ease of reference only, and do not alter the terms and conditions of any part or parts
of this Agreement.
11.
Effective Date. This Agreement will become effective as of the date signed by the
Secretary or designee.
The signature page immediately follows this paragraph.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their duly
authorized officers.
ATTEST:
_______________________________
(Date)
CITY CLERK
________________________________________
MAYOR
(SEAL)
Kansas Department of Transportation
Michael S. King, Secretary of Transportation
By: _____________________________________
Jerome T. Younger, P.E.
(Date)
Deputy Secretary and
State Transportation Engineer
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Special Attachment No. 1
Page 1 of 2
KANSAS DEPARTMENT OF TRANSPORTATION
Special Attachment
To Contracts or Agreements Entered Into
By the Secretary of Transportation of the State of Kansas
NOTE: Whenever this Special Attachment conflicts with provisions of the Document to which it is attached, this Special
Attachment shall govern.
THE CIVIL RIGHTS ACT OF 1964, and any amendments thereto,
REHABILITATION ACT OF 1973, and any amendments thereto,
AMERICANS WITH DISABILITIES ACT OF 1990, and any amendments thereto,
AGE DISCRIMINATION ACT OF 1975, and any amendments thereto,
EXECUTIVE ORDER 12898, FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE IN MINORITY
POPULATIONS AND LOW INCOME POPULATIONS 1994, and any amendments thereto,
49 C.F.R. Part 26.1 (DBE Program), and any amendments thereto
NOTIFICATION
The Secretary of Transportation for the State of Kansas, in accordance with the provisions of Title VI and Title VII of the
Civil Rights Act of 1964 (78 Stat. 252), §504 of the Rehabilitation Act of 1973 (87 Stat. 355) and the Americans with
Disabilities Act of 1990 (42 USC 12101), the Age Discrimination Act of 1975 (42 USC 6101), the regulations of the U.S.
Department of Transportation (49 C.F.R., Part 21, 23, and 27), issued pursuant to such Act, Executive Order 12898, Federal
Actions to Address Environmental Justice in Minority Populations and Low Income Populations (1994), and the DBE
Program (49 C.F.R., Part 26.1), hereby notifies all contracting parties that, the contracting parties will affirmatively ensure
that this contract will be implemented without discrimination on the grounds of race, religion, color, gender, age, disability,
national origin, or minority populations and low income populations as more specifically set out in the following
“Nondiscrimination Clauses”.
CLARIFICATION
Where the term “Consultant” appears in the following “Nondiscrimination Clauses”, the term “Consultant” is understood to
include all parties to contracts or agreements with the Secretary of Transportation of the State of Kansas.
Nondiscrimination Clauses
During the performance of this contract, the Consultant, or the Consultant’s assignees and successors in interest (hereinafter
referred to as the “Consultant”), agrees as follows:
1) Compliance with regulations: The Consultant will comply with the regulations of the U.S. Department of
Transportation relating to nondiscrimination in its federally-assisted programs and codified at Title 49, Code of Federal
Regulations, Parts 21, 23 and 27, (hereinafter referred to as the “Regulations”). The Regulations are herein
incorporated by reference and made a part of this contract.
2) Nondiscrimination: The Consultant, with regard to the work performed by the Consultant after award and prior to the
completion of the contract work, will not discriminate on the grounds of race, religion, color, gender, age, disability,
national origin or minority populations and low income populations in the selection and retention of subcontractors,
including in the procurements of materials and leases of equipment. The Consultant will not participate either directly
or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when
the contract covers a program set forth in Appendix B of the Regulations.
3) Solicitations for Subcontractors, including Procurements of Material and Equipment: In all solicitations, either
competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract including
procurements of materials and equipment, each potential subcontractor or supplier shall be notified by the Consultant
of the Consultant’s obligation under this contract and the Regulations relative to nondiscrimination on the grounds of
race, religion, color, gender, age, disability, national origin or minority populations and low income populations.
(Revised 9/29/11)
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Special Attachment No. 1
Page 2 of 2
4) Information and Reports: The Consultant will provide all information and reports required by the Regulations, or
orders and instructions issued pursuant thereto, and the Secretary of the Transportation of the State of Kansas will be
permitted access to the Consultant’s books, records, accounts, other sources of information, and facilities as may be
determined by the Secretary of Transportation of the State of Kansas to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of
another who fails or refuses to furnish this information, the Consultant shall so certify to the Secretary of
Transportation of the State of Kansas and shall set forth what efforts it has made to obtain the information.
5) Employment: The Consultant will not discriminate against any employee or applicant for employment because of race,
religion, color, gender, age, disability, or national origin.
6) Sanctions for Noncompliance: In the event of the Consultant’s noncompliance with the nondiscrimination provisions
of this contract, the Secretary of Transportation of the State of Kansas shall impose such contract sanctions as the
Secretary of Transportation of the State of Kansas may determine to be appropriate, including, but not limited to,
(a) withholding of payments to the Consultant under the contract until the Consultant complies, and/or
(b) cancellation, termination or suspension of the contract, in whole or in part.
7) Disadvantaged Business Obligation
(a) Disadvantaged Business as defined in the Regulations shall have a level playing field to compete for contracts
financed in whole or in part with federal funds under this contract.
(b) All necessary and reasonable steps shall be taken in accordance with the Regulations to ensure that Disadvantaged
Businesses have equal opportunity to compete for and perform contracts. No person(s) shall be discriminated
against on the basis of race, color, gender, or national origin in the award and performance of federally-assisted
contracts.
(c) The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 C.F.R. Part
26 in the award and administration of Federally-assisted contracts. Failure by the Consultant to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such other
remedy, as the recipient deems appropriate.
8) Executive Order 12898
(a) To the extent permitted by existing law, and whenever practical and appropriate, all necessary and reasonable steps
shall be taken in accordance with Executive Order 12898 to collect, maintain, and analyze information on the race,
color, national origin and income level of persons affected by programs, policies and activities of the Secretary of
Transportation of the State of Kansas and use such information in complying with Executive Order 12898.
9) Incorporation of Provisions: The Consultant will include the provisions of paragraphs (1) through (8) in every
subcontract, including procurements of materials and equipment, unless exempt by the Regulations, order, or
instructions issued pursuant thereto. The Consultant will take such action with respect to any subcontract or
procurement as the Secretary of Transportation of the State of Kansas may direct as a means of enforcing such
provisions including sanctions for noncompliance: PROVIDED, however, that, in the event a Consultant becomes
involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant
may request the State to enter into such litigation to protect the interests of the State.
(Revised 9/29/11)
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State of Kansas
Department of Administration
DA-146a (Rev. 06-12)
CONTRACTUAL PROVISIONS ATTACHMENT
Important:
This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it
is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision:
"The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 06-12), which is attached hereto, are hereby
incorporated in this contract and made a part thereof."
The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof,
said contract being the _____ day of ____________________, 20_____.
1.
Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and
control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is
incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.
2.
Kansas Law and Venue: This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and
jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas.
3.
Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports, Department of Administration,
sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may
terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to
the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this
contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end
of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual
payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination
of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the
contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.
4.
Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend,
hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas
Tort Claims Act (K.S.A. 75-6101 et seq.).
5.
Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the
Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42
U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry,
or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for
employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116;
(d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure
to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights
Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part,
by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable
provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in
part, by the contracting state agency or the Kansas Department of Administration.
Contractor agrees to comply with all applicable state and federal anti-discrimination laws.
The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who
employs fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total $5,000
or less during the fiscal year of such agency.
6.
Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals
and certifications have been given.
7.
Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or its
agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to
pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no
provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas
or its agencies at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
8.
Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly
authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions
thereof.
9.
Responsibility For Taxes: The State of Kansas and its agencies shall not be responsible for, nor indemnify a contractor for, any federal, state or
local taxes which may be imposed or levied upon the subject matter of this contract.
10. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other
subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance" fund to protect against any such loss or
damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the contractor shall bear the risk of any loss or damage
to any property in which the contractor holds title.
11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to
information pursuant to K.S.A. 46-1101 et seq.
12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be
reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."
13. Campaign Contributions / Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the
making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer
or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension,
continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement.
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Commission Action Report Title: Survey Services for Stormwater Repair Project Proposed Agenda Date: June 2, 2014 Presented by: Justin Pregont, Director of Public Works BACKGROUND: 


About a month ago, a large sinkhole developed in the southeast corner of the 19th and Main intersection. After a period of investigation, the cause of the sinkhole was found to be a collapsed corrugated metal pipe. In order for the City Engineer to design a repair project, a topographical survey must be conducted. To take advantage of some economy of scale, staff has selected other problematic stormwater sites for minor repairs to be packaged together in the same project scope. The other three locations included are: o 6th St. and Green inlet installations (2) o Grandeur and Westridge Dr. drainage pipe replacement / ditch re‐grading o Maple and L St. drain pipe installation Six firms submitted proposals for the survey work on May 7, 2014. Shafer, Kline, and Warren (SKW) provided the lowest comprehensive bid at $11,500. See attached items for detailed submittals and a composite bid table. FINANCIAL CONSIDERATIONS: 
The $11,500 for survey work will be paid from the CSO/Wastewater CIP Fund. LEGAL CONSIDERATIONS: 
None POLICY CONSIDERATION: 
The request for proposals was issued in accordance with City policies. RECOMMENDED ACTION: 
Authorize the City Manager to enter into an agreement with Shafer, Kline, and Warren for an amount not to exceed $11,500 for the completion of topographical site survey work. 92
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Request for Survey
Storm Sewer Repair
May 16, 2014
Firm
SKW
Midland Surveying
Herring Survey Co.
Jim Story PLS
George Butler Assoc.
Kaw Valley Engineering
Pot Hole
Topo Survey Water Lines Total
$11,500 Yes
$11,500
$8,250
$4,800 $13,050
$10,900
$4,000 $14,900
$16,200
$16,200
$20,400
$20,400
$15,750
$5,610 $21,360
Topo Survey
$8,250
Pot Hole
Water Lines
$6,300
Total
Remarks
Included Pot hole shots
$14,550 Proposal included range fron $4800 to $6300 for potholes
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Re Atchison Storm Sewer repairHerring potholes.txt
From:
Herring Survey [[email protected]]
Sent:
Monday, May 19, 2014 8:32 AM
To:
David Mahoney
Subject:
Re: Atchison Storm Sewer repair
Talked with Keith. Said the $4000 should cover it.
will have onsite while
digging.
Should also cover any time we
Joe
__________________________________
J.Herring Inc., dba
Herring Surveying Company
315 N. 5th Street
Leavenworth, KS 66048
913-651-3858 Fax 413-487-7256
ROCK CHALK!
_________________________________
Remember to do all you shopping at
www.teamcash.com
Help Support the Leavenworth Catholic Schools
thru the "GREEN MACHINE" by donating at
www.lvgreenmachine.com
All donations are greatly appreciated
----- Original Message ----From: David Mahoney
To: Herring Survey
Sent: Friday, May 16, 2014 2:58 PM
Subject: RE: Atchison Storm Sewer repair
Per telephone you said if I remember right $750 per hole in grass $1000 per hole in
pavement. So
green & 6th 2 in grass, Westridge 2 in grass $3000 19th & Main 1 pavement for total
of $ 4000 that
work?
Thanks,
David Mahoney, P. E.
City Engineer
City of Atchison
From: Herring Survey [mailto:[email protected]]
Sent: Monday, May 12, 2014 3:50 PM
To: David Mahoney
Subject: Re: Atchison Storm Sewer repair
Will get an estimated cost from a local construction company to pothole the lines.
Will determine our
cost depending on how they work.
As per phone message if the 5 locations are exposed and do not delay our work then
will not add any
additional cost to the project and will provide the N, E, and Elev of the shot.
Hopefully will have the other information tomorrow.
Joe
__________________________________
J.Herring Inc., dba
Herring Surveying Company
Page 1
95
96
Re Atchison Storm Sewer repairHerring potholes.txt
315 N. 5th Street
Leavenworth, KS 66048
913-651-3858 Fax 413-487-7256
ROCK CHALK!
_________________________________
Remember to do all you shopping at
www.teamcash.com
Help Support the Leavenworth Catholic Schools
thru the "GREEN MACHINE" by donating at
www.lvgreenmachine.com
All donations are greatly appreciated
----- Original Message ----From: David Mahoney
To: [email protected]
Sent: Monday, May 12, 2014 3:30 PM
Subject: Atchison Storm Sewer repair
Joe, please send me what it would cost to pothole 5 spots (2 at 6th & Green, 1 at
19th & Main & 2 at
Westridge). We have small crews and they could be called off to fix water main break
when you
would need them to do the Potholes.
Thanks,
David Mahoney, P. E.
City Engineer
City of Atchison
Page 2
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Response
to Request
for Proposals
Profesional
Surveying Services
Storm Sewer Repair Project
Submitted to:
City of Atchison
Engineering/Code Enforcement Office
David L. Mahoney, P.E.
City Engineer
515 Kansas Avenue
Deadline:
12:00 p.m. May 7, 2014
14700 W. 114th Terrace
Lenexa, KS 66215
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14700 West 114th Terrace
Lenexa, Kansas 66215
Tel: 913-894-5150
Fax: 913-894-5977
E-mail: [email protected]
www.kveng.com
KAW VALLEY ENGINEERING, INC.
May 6, 2014
C14P7722
City of Atchison
Engineering/Code Enforcement Office
David L. Mahoney, P.E.
City Engineer
515 Kansas Avenue
RE:
Request for Proposal – Professional Surveying Services
Storm Sewer Repair Project, Atchison, Kansas
Dear Mr. Mahoney and members of the selection committee:
Kaw Valley Engineering, Inc. (KVE) is pleased to submit this proposal for surveying services of the above
referenced property.
SCOPE OF SERVICES
1. Provide verification of permanent easements. Verified by Registered Land Surveyor (RLS).
2.
Provide the City of Atchison with all survey data in a comma delimited format (point number, N, E, elevation, description). Descriptions shall be logically named and coordinated with city staff along with a legend of all point descriptions used by the survey crew. All points that are not to be included in the tin/dtm generation shall have a prefix on the description of DNC (do not contour). City personnel will perform the drafting work except for the survey sheet.
3. Completion all requirements within 30 calendar days upon award of contract.
4. Standard design survey to specifically include the following:
A. Control
1) Reference all section corners within ½ mile of the project.
2) Intervisable Horizontal Control throughout project. Permanent points will have LAT, LONG to 4 decimal places, state plane coordinates, and project coordinates.
a) State plane coordinates (Kansas North Z 1501) NAD83 US feet.
b) Control to be outside of construction area.
c) Minimum #4 capped rebar as control monuments.
3) Vertical Control
Suitable stable
a)
b)
c)
Bench marks every 500 feet.
All bench marks to be out of construction area (No spikes in trees or power
poles).
Vertical datum to be from published control, ie: NGS, USGS.
other locations
Junction City, Kansas
•
Kansas City, Missouri
•
Salina, Kansas
•
Emporia, 114
Kansas
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Jim Story, PLS
2300 Hutton Road-Suite 108
Kansas City, KS 66109
Tele: 913-721-2411
Fax: 913-721-2409
April 28, 2014
Subject: Request for Proposals
Professional Surveying Services
Storm Sewer Repair Project, Atchison, Kansas
Mr. Mahoney:
Our not to exceed estimate to the complete all of the items included in the
request for proposals is $16,200.00. We will also extend the topographic survey
past the right of way line to the building faces. Top of water line elevations will
be taken from water plans and existing records, no excavations will be done.
Pavement replacement areas will be located and marked on the survey plan
sheets as necessary.
Thanks for the opportunity.
JIM STORY
Jim Story, PLS
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Commission Action Report Title: Dam #24 Drawdown Replacement Proposed Agenda Date: June 2, 2014 Presented by: Justin Pregont, Director of Public Works BACKGROUND:  Dam #24 is part of the network of flood‐control dams built in the early 1960's. The maintenance, repair, and improvement of these dams are funded by the White Clay‐Brewery Creek Watershed District, which contracts the City of Atchison to manage those funds and activities.  A drawdown is essentially a lake drain. In each of the watershed lakes, there is a drain located at the bottom, generally within 150' of the inlet structure on the dam. The drain is connected to a valve that, when opened, allows water to flow into the spillway pipe and exit into the outlet stream on the backside of the dam. At Dam #24, the valve and drain pipe have deteriorated and failed, causing it to leak lake water into the spillway pipe. Although this does not have an effect on the ability of the dam to provide flood control, it should be replaced because it could affect future repairs and it is necessary to maintain lake levels.  In order to repair the drawdown system, the lake must be drained. Once the lake is drained, the drawdown valve and pipe can be replaced.  This project has received a grant from the Kansas Department of Wildlife, Parks, & Tourism through the Community Fisheries Assistance Program. The 70/30 grant covers the drawdown repair, lake treatment chemical, and rock for the entrance road. City staff requested bids for replacement of the Dam #24 drawdown, with the results below: Contractor Engemann Drainage Co. Knapp Construction Leavenworth Excavating & Equipment (Lexeco) Marlatt Construction Tidal Marine Construction Price 23,490.00 168,500.00 89,800.00 32,551.40 57,850.00 FINANCIAL CONSIDERATIONS:  If the low bid is accepted, the grant will fund $18,130 of the total cost ($25,900), leaving the Watershed District to fund $7,770.  The drawdown portion of the project was budgeted in the Watershed CIP at $22,900. LEGAL CONSIDERATIONS:  None. 117
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POLICY CONSIDERATION:  Bids were obtained according to established City policies. RECOMMENDED ACTION:  Award the bid to Engemann Drainage Co. in the amount of $23,490.00. 118
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ATCHISON PLANNING COMMISSION/BOARD OF ZONING APPEALS MEETING
CITY HALL, ATCHISON, KANSAS
MAY 7, 2014, 4:30 P.M.
MEMBERS PRESENT:
Planning Commission Chairman Derek Franklin, Commissioners D.J. Bruce, Floyd
Robinson, and Mike Surritt. Commissioners Melanie Brungardt, Melissa Hartman, and
Gary Kearney were absent.
OTHERS PRESENT:
Community Development Director Stefanie Leif, City Attorney J. David Farris, Fire
Chief Mike McDermed, Recording Secretary Kathryn Soph, Blue World Enterprises,
Inc. representatives Patrick Henderson and Scott Unruh, applicant Gary Enzbrenner,
Kansas State University Professor John Keller and graduate students in Regional and
Community Planning, and others.
1.
CALL TO ORDER:
Chairman Franklin called the meeting to order at 4:30 p.m.
2.
CONSENT AGENDA.
A. MINUTES OF THE REGULAR MEETING OF APRIL 2, 2014:
The minutes of the March 5th meeting were approved as presented.
Chairman Franklin moved out of agenda order to Item 3B.
3.
PUBLIC HEARING ITEMS.
B. A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR APPEAL FROM GARY ENZBRENNER
FOR A SIDE YARD SETBACK VARIANCE TO RECONSTRUCT A SINGLE FAMILY HOME AT
1502 HARPER DRIVE (LOT 26, BLOCK 1, BAKEWELL HEIGHTS ADDITION):
The hearing opened at 4:32 p.m.
Mr. Enzbrenner said he planned to demolish the house and leave the garage. He wishes to rebuild and enlarge
the home 6 feet further to the east (within the setback), and build a 15 foot addition to the garage on the west,
which would extend 6 feet further than the setback requirements.
There being no further comment, the hearing closed at 4:33 p.m.
Ms. Leif noted that this property is adjacent to roads on three sides, so setbacks for corner lots are required on
all three sides.
Commissioner Robinson moved to approve the requested setback variance for 1502 Harper Drive, seconded by
Commissioner Bruce. The motion passed by 4-0 vote.
A. A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR CONDITIONAL USE PERMIT FROM
BLUE WORLD ENTERPRISES, INC., SCOTT D. UNRUH, REGISTERED AGENT. THE APPLICANT
WISHES TO OPERATE A DROP SHIPPING, CUSTOM MAILING, MAIL RECEIVING, SHORT-TERM
DRY STORAGE, AND CARPET CLEANING BUSINESS AT 711 COMMERCIAL STREET (LOT 23
EXCEPT THE W12’ AND ALL LOT 24, BLOCK 3, L.C. CHALLISS ADDITION) (HEARING
CONTINUED FROM APRIL 2, 2014):
Chairman Franklin opened the public hearing at 4:35 p.m.
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Attorney Patrick Henderson, representing the applicant, said the owner submitted a code footprint drawing,
and the City conducted a traffic count in the alley. He said the owner will install a garage door, so that
customers can pull into the garage to load and unload.
Chairman Franklin said his concern was customers blocking the alley. He suggested directing traffic one-way
in the alleyways east and north of the business.
Chairman Franklin made a motion to approve the conditional use permit for a drop shipping, custom mailing,
mail receiving, short-term dry storage, and carpet cleaning business at 711 Commercial Street, subject to
conditions listed in the staff action report, and recommending that traffic on the East half of the East-West
alley be routed one-way East to West, and the North-South alley routed one-way South to North.
Commissioner Bruce seconded. The motion passed 4-0.
4.
NON-PUBLIC HEARING ITEMS (continued).
A. REVIEW RESOLUTION NO. 2943 AND THE PLAN FOR EXTENSION OF SERVICES:
Patrick Henderson, Special Counsel to the City on annexation, summarized the annexation plan for property
located at 10530 U.S. 59 Highway.
Commissioner Robinson made a motion to find that Resolution No. 2943 and the service extension plan are in
accordance with the adopted Comprehensive Plan, seconded by Commissioner Bruce. The motion passed 4-0.
B. KANSAS STATE UNIVERSITY COMPREHENSIVE PLAN PRESENTATION:
K.S.U. graduate students gave their final presentation on the draft Comprehensive Plan for the City of
Atchison.
6.
OFF AGENDA ITEMS/COMMUNICATIONS.
None.
7.
ADJOURNMENT.
The meeting adjourned at 6:06 p.m.
Minutes of the May 7, 2014 meeting approved by the Atchison Planning Commission____________.
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March 1st
April 1st
April 4th
April 21st
May 9th
May 12th - 16th
May 16th
May 17th - 21st
May 25th - May 28th
FY 2015 Budget Process Calendar (Revised 5/27/14)
Finance begins collecting data for preliminary revenue projections.
City Manager (CM) and the Finance Director (FIN DIR) give Dept. Heads guidance on budget supplementals, Capital
Improvement Plan (CIP), Equipment Reserve Plan (ERP), etc. Dept. Heads begin preparing operations budgets.
Finance notifies partners of due dates/meetings; disseminates request forms.
Goal Planning Workshop: City Commission goals for FY 2015 & 2016
DUE: Department budgets, CIP/ERP budgets due
FIN DIR completes preliminary revenue estimates; compiles preliminary DEPT budgets
DUE: Partnership Appropriations Requests due to City Hall by EOB.
CM/FIN DIR review DEPT requests and revenue estimates.
Follow-up meetings with Dept. Heads, as necessary, prep for Workshop 1
June 9th: 5:15pm
Budget Workshop #1: Partnerships budgets (Chamber, AHCC, AE Festival, et al), CIP/ERP
June 14th
June 10th - June 29th
June 27th
Approx. time: Finance receives estimates from the County Treasurer's office of misc. taxes.
Prep for Workshop 2
DUE: Planning Commission agenda submissions for July 2nd Planning Commission meeting
June 30th: 5:15pm
July 1 - July 3rd
July 1st
July 2nd
July 7th: ?-8pm
July 15th
July 15th
July 17th
July 19th
July 20th
July 21st
August 4th
August 6th
August 25th
Budget Workshop #2: Overview of city's financial position - revenue projections, department supplementals, debt service, etc.;
Discussion of additional revenue sources, financial policies, and direction
Prep Workshop 3
Apprx time: County Treasurer releases 2014 assessed valuation for the 2015 budget.
Planning Commission reviews CIP in advisory capacity; gives guidance
Budget Workshop #3 (after regular Commission meeting): Updated revenue projections, budget revisions, partnership requests,
mill levy options, final direction
Watershed DUE: Submit Notice of Public Hearing & Set Maximum Mills
DUE: Submit Notice of Public Hearing & Set Maximum Mills
City Commissioners receive the Manager's Recommended Budget with the agenda packet
Publish Notice of Public Hearing in Atchison Globe (KSA 79-2929)
Watershed: Publish Notice of Public Hearing in Atchison Globe (KSA 79-2929)
City Manager presents recommended budget
Public Hearing for FY2015 Operating Budget and anticipated adoption
Watershed: Public Hearing for FY2015 Watershed Budget & probable adoption
DUE: File Adopted budget w/ County Clerk (KSA 79-1801)
KEY
Internal Work Process
Public Meeting
Due Date
Publication
Watershed Budget
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MEMO
TO:
Atchison City Commission, City Staff
FROM:
Clinton McNemee, Deputy Public Works Director
DATE:
May 23, 2014
SUBJECT:
2014 Pool Season
Lions Pool is set to open on Saturday, May 24th at 1:00 p.m. with free admission. Programming & fees will be very similar to
prior seasons with few exceptions.
 There will be a weekly twilight swim on Thursday evenings.
 Pool personnel are also developing new activities including basketball, volleyball, dance contests, and live musical
performances.
 Another item worthy of mention is that the pool will begin a recycling program this season.
SCHEDULE
Opening Day Closing Day -
Saturday May 24th - 1:00 p.m.
Sunday August 10th - 6:00 p.m.
Hours -
Mon-Fri
Sat-Sun
12-6:00 p.m.
1-6:00 p.m.
*Thursday Twilight Swim 7-9:00 p.m.
Lap Swimming is available during the first and last hours of each day.
Pool Rentals -
Available in the evening after regular pool hours
Soggy Doggy Day -
Saturday, August 16th
ADMISSION & FEES
2 & Under
Daily Admissions
Daily Lap Swim Pass
10-Day Punch Pass
Pool Rentals
FREE
$1
$1
$9
$125/hour (<125 guests)
$250/hour(>125 guests)
City of Atchison | 515 Kansas Avenue | Atchison, KS 66002
Phone: 913/367-5500 | Fax: 913/367-3654 | www.cityofatchison.com
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APRIL 2014 FINANCIAL STATEMENTS
GENERAL FUND
Revenues: As of April 30, 2014, the General Fund has collected 35% of its budgeted revenue. Ad Valorem property taxes make up 29% of the general fund revenue stream. We received our second distribution from the County Treasurer in March which totaled 63% of the budgeted amount. This is equal to the three year average collection rate of 63% at this time of year. Sales Tax collections for the month of April are up 6% percent from the monthly budget benchmark and 6% over last April. Year‐to‐date collections are up 7% from last year and 2% ahead of budget projections. Sales tax reflects February business, with the possible exception of a key retailer who may be on an alternate reporting At the time of this schedule. 2013 sales tax receipts were down from statement’s preparation, the previous year, and the year‐over‐year January sales tax collections through April increase is encouraging. Sales tax is 32% through May 2014 are up of the General Fund revenue stream so staff closely monitors this revenue source and analyzes sales tax 8% year over year. vendor reports. See the attached Sales Tax Revenue analysis for more detail. In April, the City received the back franchise fees from the largest transport gas customer and 70% of gas franchise fees have now been collected. Electricity franchise fee collections are slightly behind the budget benchmark, but are 3% ahead of last year’s collections as of April 30th. Total franchise fee collections are 6% ahead of the budget benchmark and at this time staff anticipates meeting revenue targets for this year. Franchise fees are the third largest revenue source for the General Fund, consisting of 18% of the budgeted revenue. See the attached Franchise Revenue analysis for more detail. Fines and Municipal Court Fees are ahead of target for assessment of fines and fees, as well as collection of the revenue. The fines and fees assessed year‐to‐date total $65,501 and $44,678 is outstanding. Year‐to‐date, we’ve collected $64,201 in fines and fees but only $20,823 has been from current year cases. 04_2014 Financial Summary 149
150
April fine & forfeiture revenues are $13,831. This is above the budgeted target of $130,000 for the year, or $10,833 per month. April municipal court fee revenues are $3,602. This is slightly above the budgeted target of $40,000 for the year, or $3,333 per month. Although staff has been working to improve collection of this revenue source, efforts have been unsuccessful thus far. During the 2014 budget process, revenue targets for fines and forfeitures were adjusted down to reflect a more realistic expectation of collection of this revenue source. Expenditures: We have spent 38% of budgeted expenditures available as of April 30th. As of this date, 16 weeks ‐ or 31% ‐ of payroll has been expensed. A number of departments appear to be ahead of budget targets, but this is due mainly to sizeable, one time payments that are made during January, i.e. the 2014 workers compensation premium, property/casualty and general liability insurance premiums, as well as the City’s contribution to employee health savings accounts and payments to Juneteenth and the Chamber of Commerce. OTHER FUNDS
Revenues and expenditures in all other funds are essentially on target and within budget. 04_2014 Financial Summary 150
151
CASH & BUDGET STATEMENT
Apr-14
Fund
General
Cash Begin
Bal
$ 2,080,894
Revenue
$
705,194
Expenses
$
City Manager
Human Resources
Finance
Court
I/T
Risk Management
General Government
Transfers to Other Funds
Contingency
Police
Animal Control
Fire
Public Works Admin
Streets
Parks
Oakhill Cemetery
Amelia Earhart Airport
Municipal Pool
Fleet Maintenance
788,229
Change in
Prior Year
Available Cash Cash End Bal Cash End Bal
$
(25,570) $ 2,135,503
$ 2,271,072
Budget
YTD Rev
YTD Exp
$ 8,747,670
$ 3,569,738
$ 3,103,248
15,532
6,119
45,861
12,732
4,616
36,574
227,500
Net
Encumbrance
$
124,292
3,835
98,856
79,465
35,857
15,677
400
3,287
3,955
9,167
196,679
94,922
435,733
112,775
44,000
109,628
802,364
910,000
250,000
1,668,916
54,695
1,351,397
1,047,507
300,539
153,735
11,000
72,893
94,064
109,632
Engineering
11,683
166,988
56,578
(33)
110,377
Community Development
City Hall
34,934
8,788
600,900
67,420
132,670
27,812
(56)
(3,633)
468,174
35,975
1,287
5,000
2,811
15,492
49,555
26,836
4,944
10,142
10,000
$
(10,000)
-
10,548
29,414
16,836
115,754
$
Project Concern
Atchison Heritage Conference Center
Santa Fe Depot
Motor Fuel
$
16,987
$
68,011
$
41,691
$
(160) $
43,147
$
(1,171) $
934 $
21,896
7,106
235,062
$
45,849
$
292,861
61,305
24,135
148,188
40,621
10,995
118,604
384,331
455,000
545,862
17,582
480,696
345,566
105,069
52,820
1,600
21,945
5,925
40,859
Remaining
(239,338) $ 5,405,084
$
138,615
$
18
(25)
(739)
(23,109)
(215,715)
3,446
(30)
1,480
541
3,910
1,584
(7,111)
(45)
10,179
-
135,392
70,762
286,806
49,045
33,005
(8,976)
202,318
455,000
250,000
1,126,500
37,083
872,181
702,482
199,380
102,499
9,400
43,837
88,094
78,952
$
177,107
% Spent
38.21%
31.16%
25.45%
34.18%
56.51%
24.99%
108.19%
74.78%
50.00%
0.00%
32.50%
32.20%
35.46%
32.94%
33.66%
33.33%
14.55%
39.86%
6.35%
27.98%
33.90%
22.09%
46.64%
31.91%
40.64%
37.26%
43,288
3,245
46,533
45,644
15,000
5,748
372
Debt Service
Water
596,127
2,003,203
10
317,518
452,193
$
596,137
(28,423) $ 1,756,641
536,493
1,750,095
547,890
4,433,626
333,735
1,275,290
43,970
1,236,231
(978)
503,920
3,196,417
Wastewater
Refuse
1,852,994
215,517
151,016
45,764
284,156
64,936
(11,492) $ 1,637,362
(2,770) $
184,824
-
1,374,107
170,337
2,066,851
634,267
601,964
182,748
-
683,170
209,659
-
(67,680)
(27,112)
1,316,001
397,496
39.53%
82.47%
39.44%
25.76%
2.48%
8.03%
27.91%
36.33%
37.33%
$ 7,111,483 $ 1,291,731 $ 2,458,580 $ (68,652) $ 6,664,210 $ 6,434,115 $ 17,075,488 $ 6,249,965 $ 5,493,598 $ (341,722) $ 11,240,168
34.17%
Special Alcohol
Special Parks
Watershed
Insurance Reserve
TOTAL
22,213
-
264,484
0
974
15,777
317
7,500
31,330
-
-
$
16,072
12,470
211,976
27,000
41,000
269,323
7,523
7,524
127,080
6,518
16,171
78,505
(15,750)
9,136
-
4,732
24,829
199,954
14,628
151
152
Cash Begin Bal
1,796,276
613,696
349
1,600
760,794
Fund
Wastewater CIP
Equipment Reserve
Grants
Riverfront Development
Capital Projects
Santa Fe Depot Fund
Jackson Park
Fire Insurance Proceeds
Amelia Earhart Trust
Veterans Park Oversight
Various donation
HOME Grant
30,325
TOTAL
$ 3,271,230
Fund
Water
Wastewater
Refuse
$
9,974
24,149
1,299
30,499
2,269
Month
Operating Ratio*
0.70
0.53
0.70
CASH & BUDGET STATEMENT (OTHER FUNDS)
Apr-14
Change in
Available
Revenue
Expenses
Cash
Cash End Balance
$
250,034 $
20,382 $
(59,106) $
1,966,822 $
82,863
30,800
13,513
679,272
349
0
1,600
312,995
1,604,235
814,433
283,987
1
30,326
0
9,974
8,743
4,671
2,449
30,669
1,299
466
30,965
2,269
-
$ 655,101
$ 1,660,088
$ 771,289
UTILITY STATEMENT
Apr-14
YTD
Operating Ratio
1.03
0.88
0.87
$ 3,037,532
Current Cash
Position
$
1,756,640.68
$
1,637,361.51
$
184,824.43
YTD Rev
500,180 $
174,145
0
(1,169,419)
5,003
1
29,718
2,570
-
YTD Exp
196,072
162,058
30
2,234,054
36,284
322
-
$ (457,803) $ 2,628,820
Number
of Days **
145
289
106
* Operating Ratio:
The Operating Ratio measures the amount of operating revenue versus the total amount of operating expenses for a utility system (revenues./expenses = operating ratio).
The minimum standard for an operating ratio for a utility system is 1.0 meaning there is enough operating revenue to cover operating expenses.
A financially healthy utility system needs to maintain an ongoing operating ratio greater than 1 to cover debt service. A ratio of less than 1 indicates there is insufficient revenue to meet current expenses.
** Number of Days:
Number of days the system could sustain operations without generating/collecting any revenue.
152
153
Sales Tax Collection Analysis
City (1%)
Actual
2014
City (1%)
Actual
2013
January
February
March
April
May
June
July
August
September
October
November
December
137,829
148,986
127,356
132,421
Totals - Cash Basis
City of Atchison
Share of
Difference
County (1%)
120,785
144,404
122,288
123,159
124,405
131,931
168,666
125,791
121,971
140,375
117,482
134,571
17,044
4,582
5,068
9,262
79,354
88,550
75,247
76,639
546,592
1,575,828
35,956
Less: PY Accrual/Adj.
Add: CY Accrual/Adj.
-286,815
-265,189
Accrual Basis
259,777
319,791
Total
Received by
the City
217,184
237,535
202,603
209,061
0
0
0
0
0
0
0
0
2014
Period Tax
Coll./Vendor
Nov-10
Dec-10
Jan-11
Feb-11
Mar-11
Apr-11
May-11
Jun-11
Jul-11
Aug-11
Sep-11
Oct-11
866,383
-167,904
206,139
206,139
412,278
County Portion
Water/WW CIP
1,310,639
Sent to
County
1,601,237
Monthly Budget - 2013
7.66%
9.16%
7.76%
7.82%
7.89%
8.37%
10.70%
7.98%
7.74%
8.91%
7.46%
8.54%
100.00%
$
122,733
146,732
124,260
125,145
126,411
134,058
171,386
127,819
123,938
142,638
119,376
136,741
1,601,237
Target
Accumulative %
7.66%
16.83%
24.59%
32.40%
40.30%
48.67%
59.37%
67.36%
75.10%
84.01%
91.46%
100.00%
412,278
-92,487
151,887
City of Atchison 1% Sales Tax Collections
2014
Actual
Budget
Target
Difference
Percentage
January
February
March
April
May
June
July
August
September
October
November
December
137,829
148,986
127,356
132,421
0
0
0
0
0
0
0
0
122,733
146,732
124,260
125,145
126,411
134,058
171,386
127,819
123,938
142,638
119,376
136,741
15,097
2,253
3,096
7,276
0
0
0
0
0
0
0
0
12.30%
1.54%
2.49%
5.81%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
Cash Basis
546,592
1,601,237
27,723
34.14%
May
Cash Basis
2013
2014
510,636
546,592
Increase
35,956
% Change
7.04%
Benchmark:
32.40%
153
154
of Atchison,
Kansas
City CommissionCity
Packet
June 2,
2014
Historical Comparison
City 1% Sales Tax Collections
2014
2013
2012
2011
2010
2009
2008
2007
2006
2005
January
February
March
April
May
June
July
August
September
October
November
December
137,829
148,986
127,356
132,421
0
0
0
0
0
0
0
0
120,785
144,404
122,288
123,159
124,405
131,931
168,666
125,791
121,971
140,375
117,482
134,571
120,785
144,404
122,288
123,159
124,405
131,931
168,666
125,791
121,971
140,375
117,482
134,571
114,082
132,276
136,522
102,406
138,205
144,748
125,424
120,838
128,684
137,329
134,892
148,539
129,065
111,252
136,484
101,570
136,441
142,026
123,693
133,646
124,181
122,811
128,102
125,117
150,487
110,850
170,011
118,171
103,440
127,252
148,736
108,094
115,102
119,603
131,191
142,868
159,796
148,439
138,433
124,818
139,398
127,384
134,117
141,566
135,336
134,850
126,151
125,845
137,536
147,411
114,904
124,780
140,374
114,323
137,627
128,544
125,790
140,085
111,438
136,931
129,679
141,057
118,953
113,196
141,961
131,641
127,343
138,802
129,699
129,609
131,939
123,470
131,026
137,163
110,293
118,239
132,408
124,582
125,775
130,643
123,392
132,354
139,541
129,893
Totals - CASH BASIS
546,592
1,575,827
1,575,828
1,563,945
1,514,388
1,545,805
1,636,133
1,559,743
1,557,349
1,535,311
1,450,000
1,600,000
1,600,000
1,600,000
1,525,000
1,420,000
-54,195
36,133
-40,257
32,349
115,311
Annual Budget
1,601,237
Difference
-1,054,645
1,595,000 1,525,000
-19,173
50,828
1,489,500
74,445
64,388
154
155
Benchmark
19.60%
FRANCHISE REVENUE ANALYSIS
Transported
Gas
2014
Month
Allegiance
Kansas
Gas Services
Westar
Energy
AT & T
Century Link
Bradken
Excess Fees
Remitted
Totals
January
February
March
April
May
June
July
August
September
October
November
December
11,583.02
21,234.63
88,545.92
92,907.78
2,611.71
2,509.83
78.73
Totals - Cash Basis
11,583.02
21,234.63
181,453.70
5,121.54
78.73
2,001.01
0.00
124,054.01
97,418.62
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
221,472.63
0.00
0.00
0.00
0.00
0.00
0.00
0.00
181,453.70
5,121.54
78.73
2,001.01
0.00
221,472.63
290,378.00 1,049,780.00
-269,143.37 -868,326.30
31,000.00
-25,878.46
0.00
78.73
10,000.00
-7,998.99
0.00
1,424,158.00
-1,202,685.37
Less: PY Accrual/Adj.
Add: CY Accrual/Adj.
Budgetary Basis
VARIANCE
% Collected - Cash Basis
0.00
11,583.02
43,000.00
-31,416.98
26.94%
21,234.63
7.31%
17.28%
16.52%
#DIV/0!
2,001.01
20.01%
#DIV/0!
15.55%
Benchmark:
TOTALS
19.60%
2014
2013
2012
2011
2010
2009
2008
2007
2006
2005
Allegiance Communication
Kansas Gas Service
Westar Energy
AT & T
Embarq
Bradken
11,583
21,235
181,454
5,122
79
2,001
48,444
243,803
1,007,448
30,623
104
7,603
42,783
148,217
1,101,783
32,673
24
12,108
49,813
177,913
998,369
34,787
0
10,241
52,906
188,154
535,473
35,097
342
8,513
59,192
198,124
475,748
44,385
462
8,647
57,790
223,028
512,786
38,622
453
20,114
62,981
207,549
457,421
40,317
461
18,140
64,293
241,037
484,105
40,171
408
22,903
68,540
172,014
504,285
45,168
387
15,643
Totals - Cash Basis
221,473
1,338,026
1,337,588
1,271,123
820,485
786,558
852,793
786,869
852,917
806,037
(2,593)
7,730
(32,735)
37,182
Accrual Adjustment
Total - CAFR
33,141
221,473
Budget
1,424,158
Variance
-1,202,685
22,188
616
1,338,026
1,337,588
1,304,264
842,673
787,174
850,200
786,869
820,182
843,219
1,304,151
1,089,800
1,129,980
800,000
815,000
825,000
825000
700,000
610,500
33,875
247,788
141,143
20,485
-28,442
27,793
-38,131
152,917
195,537
155
156
MEMO
TO: FROM: DATE: SUBJECT: Atchison City Commission Justin Pregont, Public Works Director June 2, 2014 Solid Waste / Recycling Collection RFP Results In December of 2013, the Commission approved Resolution No. 2922, which directed staff to investigate the viability of both public and private sector service delivery options for future solid waste and curbside recycling services. From the text of that Resolution: Section 2. Service Delivery Options Service Contract (private) 1. Public Works will publish a “Request for Proposals” to gauge the private sector’s appetite for delivering solid waste and recycling collection services on behalf of the City of Atchison and at what expense as compared to continued internal operations. Internal Operations (public) 1. Public Works will produce a solid waste and recycling collection services “Internal Operations Business Plan” meant to convey the Public Works Department’s plan for executing and delivering on the program goals in Section 1, assuming those services will continue to be provided with City employees and City owned equipment. City staff published an RFP and the proposals we received back are summarized below: Staff will formally bring the results before the commission at the June 16, 2014 Commission meeting, when staff also anticipates having a draft version of a new “Recycling Program Ordinance” for consideration. City of Atchison | 515 Kansas Avenue | Atchison, KS 66002
Phone: 913/367‐5500 | Fax: 913/367‐3654 | www.cityofatchison.com 156
157
Date
Notice No.
Address
Nuisance Description
Owner/Tenant
Action
05/02/2014
91-14N
1449 S. 7th St.
Household items, couch, mattress, miscellaneous trash &
debris. White grain truck - no tag, full of trash & debris.
Goldmine Investments/
William W. Page
Administrative order issued.
05/06/2014
92-14N
915 N. 12th St.
Structurally unsound deck, damaged guttering, broken
windows, damaged and faulty wood burning stove, rotted
window trim and holed soffits, damaged areas of shingles,
doors missing on doors on scrap metal storage sheds.
Arthur G. & Imogene Bratton/
Jerome L. Bratton
05/09/2014
93-14N
1300 Santa Fe St.
Appliance, scrap wood, brush, miscellaneous trash and
debris.
Weston Z. & Sharon K.
Jahnke
05/09/2014
94-14N
218 S. 19th St.
Household furniture, construction debris, damaged front
porch awning.
Michael L. & Tamara L. Durkin
05/09/2014
95-14N
900 Kearney St.
Brush, miscellaneous trash and debris.
Jon C. & Rusty V. Willis
Corrected by owner.
05/15/2014
96-14N
825 S. 6th St.
Structurally unsound porches, structure is open & unsecured.
Dedtrick Haley
05/15/2014
97-14N
106 N. 10th St.
Household furniture, trash & debris.
Robert K. & Rita B. Hunter
05/15/2014
98-14N
433 S. 6th St.
White 2-dr car - wrecked, dismantled, inoperable.
Brian S. Emrich
Extension given to 6/1/14
05/23/2014
99-14N
1101 N. 5th St.
Household furniture, trash & debris in yard.
Christopher C. Thacker et al
To be checked 6/03/2014
157
158
Date
Notice No.
Address
Owner/Tenant
Action
05/02/2014
1-13W
507 Division St.
Loren Bradley
Corrected by owner.
05/02/2014
2-13W
1300 block N. 6th St., west side
Nelson Davis attn: Debi Tarver
Mowed by City contractor,
cost billed to owner.
05/02/2014
3-13W
1300 block N. 6th St., east side
Kathryne McKinney et al
05/02/2014
4-13W
820 "M" St.
Linda Dudley et al
Corrected by owner.
05/02/2014
5-13W
1119 Ash St.
Kenneth M., Sr. & Rose Mary Smith
Corrected by owner.
05/02/2014
6-13W
719 "M" St.
Daniel Lange
05/02/2014
7-13W
635 "M" St.
Church of Christ Holiness USA
05/02/2014
8-13W
1011 Division St.
Jared Craig Martin
Corrected by owner.
05/02/2014
9-13W
710 Kearney St.
Scott & Michelle Heck
05/02/2014
10-13W
912 Parallel St.
Catherine S. Thorburn et al
05/02/2014
11-13W
914 Parallel St.
J.E. & Bertha E. Foley attn: Mildred Foley
05/02/2014
12-13W
S.E. corner 8th & Riley Sts.
Theodore J. Picraux
05/02/2014
13-13W
940 Mound St.
JA & MK Holding Company
Corrected by owner.
05/02/2014
14-13W
1038 Riley St.
Chad A. Roberts
Corrected by owner.
05/02/2014
15-13W
1214 Guthrie Circle
Robert E. Grippin, Jr.
05/02/2014
16-13W
1417 Atchison St.
Joella C. Judd & Alice G. Judd
05/02/2014
17-13W
1815 Chestnut St.
Kelly J. Kautz et al
05/02/2014
18-13W
415 "S" St. and adjacent lots to
the east
Michael Keith Perkins/Jennifer L. Payne
Corrected by owner.
05/02/2014
19-13W
506 "V" St.
Scott & Michelle Heck
05/02/2014
20-13W
510 "V" St.
Kenneth J. Kelley
05/02/2014
21-13W
435 S. 7th St.
Stubblefield, Unnamed Trust
05/02/2014
22-13W
619 Park St.
Thomas J. Summers, Sr., & Carolyn C. Barbee
Potter
158
159
Date
Notice No.
Address
Owner/Tenant
Action
05/02/2014
23-13W
1328 Green Street
Eugene E. Church
05/02/2014
24-13W
1449 S. 7th St.
Gold Mine Investments Inc./
William W. Page
05/02/2014
25-13W
N.W. corner 6th & College Sts.
Richard Leo Sickler Trust
05/05/2014
26-13W
1000 "U" St.
Estate of Rebecca L. Armontrout
05/05/2014
27-13W
401 N. 9th, 407 N. 9th, & 411 N.
9th St.
Turn Left Inc.
05/05/2014
28-13W
416 N. 9th St.
Cyndi L. Wyatt
05/05/2014
29-13W
904 N. 10th St.
Joseph P. & Beth A. Cullor
Corrected by owner.
05/05/2014
30-13W
113 N. 12th St.
Michelle D. Kasper
05/05/2014
31-13W
1035 Riley St.
Richard Dean Burge
05/05/2014
32-13W
1029 Parallel St.
Dennis J. Gremillion et al
05/05/2014
33-13W
1125 Parallel St.
Gary E. Noll, et al
Corrected by owner.
05/05/2014
34-13W
1317 Santa Fe St.
Propiedad Enterprises LLC
05/05/2014
35-13W
1031 Oak St.
05/05/2014
36-13W
1028 Kansas Ave.
05/05/2014
37-13W
1131 Commercial St.
Patrick M. Denton
Corrected by owner.
05/05/2014
39-13W
1614 Commercial St.
Robert B. Frisbie
Corrected by owner.
05/05/2014
40-13W
1529 Atchison St.
Philip & Carolyn Laurie/Heather Wurzbacher
Corrected by owner.
05/06/2014
41-13W
S.W. corner of N. 7th & "L" Sts.
Arthur G. Bratton
05/06/2014
42-13W
915 N. 12th St.
Arthur G. & Imogene Bratton/
Jerome Bratton
Corrected by owner.
05/06/2014
43-13W
1400 block Division St., south side
Jerome L. Bratton
05/06/2014
44-13W
1010 Walnut St.
Jerome L. Bratton
05/06/2014
45-13W
S.E. corner of N. 8th & Division
Sts.
Jerome L. Bratton
Corrected by owner.
159
160
Date
Notice No.
Address
Owner/Tenant
Action
05/06/2014
46-13W
826 Mound St.
Jerome L. Bratton
05/06/2014
48-13W
828 Mound St.
Jerome L. Bratton
05/06/2014
49-13W
S.E. corner of N. 9th & Mound
Sts.
Jerome L. Bratton
05/06/2014
50-13W
S.E. corner of N. 9th & Mound
Sts.
Jerome L. Bratton
05/06/2014
51-13W
Jerome L. Bratton
05/06/2014
52-13W
1200 block Hickory St., west side
Jerome L. Bratton
05/06/2014
53-13W
1200 block Hickory St., west side
Jerome L. Bratton
05/06/2014
54-13W
Jerome L. Bratton
05/06/2014
55-13W
823 "M" St.
Jerome L. Bratton
Corrected by owner.
05/06/2014
56-13W
N.W. corner N. 8th & "L" Sts.
Jerome L. Bratton
05/06/2014
57-13W
1100 block N. 8th St.
Jerome L. Bratton
05/06/2014
58-13W
1119 N. 8th St.
Jerome L. Bratton
05/06/2014
59-13W
607 "L" St.
Jerome L. Bratton
05/06/2014
60-13W
N.W. corner of N. 6th & "L" Sts.
Jerome L. Bratton
05/06/2014
61-13W
Jerome L. Bratton
05/06/2014
62-13W
Jerome L. Bratton
05/06/2014
63-13W
1000 block N. 6th St., west side
Jerome L. Bratton
05/06/2014
64-13W
Jerome L. Bratton
05/06/2014
65-13W
N.W. corner of N. 6th & "N" Sts.
Jerome L. Bratton
05/06/2014
66-13W
1013 N. 7th St.
Jerome L. Bratton
05/06/2014
67-13W
1017 Walnut St.
Jerome L. Bratton
Corrected by owner.
05/06/2014
68-13W
1200 block Division St., north side
Jerome L. Bratton
160
161
Date
Notice No.
Address
Owner/Tenant
Action
05/08/2014
69-13W
1519 S. 6th St.
Damian D. Haddock et al
Corrected by owner.
05/08/2014
70-13W
314 S. 18th St.
Roy & Eleanor Ostertag Trust/Deann L. Brockett
Corrected by owner.
05/08/2014
71-13W
501 S. 5th St.
Michael J. McRae/Devin Dexter
Corrected by owner.
05/08/2014
72-13W
1501 S. 6th St.
Sherril Vineyard/Debora N. Scherer
Corrected by owner.
05/08/2014
73-13W
1620 S. 7th St.
Thomas C. Strathman
05/08/2014
74-13W
1116 S. 7th St.
James P. Edwards
Corrected by owner.
05/08/2014
75-13W
714 S. 4th St.
Ronald J. Jr. & Robin Alva/Kelly J. Sneller
Corrected by owner.
05/08/2014
76-13W
820 S. 4th St.
Kathy A. Rockey
Corrected by owner.
05/08/2014
77-13W
821 S. 5th St.
Greenview Investmsnts LLC/Anthony L. Hundley
Corrected by owner.
05/08/2014
78-13W
425 S. 5th St.
Patrick M. Denton
Corrected by owner.
05/08/2014
79-13W
430 S. 5th St.
Gold Mine Investments Inc.
Corrected by owner.
05/08/2014
80-13W
1020 S. 10th St.
Robert A. & Melanie J. Mullins
05/08/2014
81-13W
1101 Independence Court
Janet M. Hansen
Corrected by owner.
05/08/2014
82-13W
1300 block Kearney St., south
side
Ronsard P. Broussard Trust
Corrected by owner.
05/08/2014
83-13W
524 N. 6th St.
Trisha L. Ihasz
Corrected by owner.
05/08/2014
84-13W
425 Laramie St.
Tamara J. Cummins/Callie C. Cummins
Corrected by owner.
05/08/2014
85-13W
721 Mound St.
Donnie R. Oliver & Gean E. Fuller
Corrected by owner.
05/08/2014
86-13W
1029 Atchison St.
Wilson P. Moriarty Trust
05/08/2014
87-13W
1013 Commercial St.
Darlene O. Handke
05/08/2014
88-13W
1111 Kearney St.
Harbour Portfolio VII LP
05/08/2014
89-13W
1115 Kearney St.
Euletta Spatz/Deborah Geiger
Corrected by owner.
05/08/2014
90-13W
1314 Santa Fe St.
Melvin H. Harris, Jr.
Corrected by owner.
161
162
Date
Notice No.
Address
Owner/Tenant
Action
05/08/2014
91-13W
1301 "L" St.
Patrick M. & Olivia D. Denton/Valerie Ford
Corrected by owner.
05/08/2014
92-13W
1125 "L" St.
Corrected by owner.
05/08/2014
93-13W
1117 "M" St.
Jeffrey A. & Leah K. Martin/Jennifer K. Coots
Corrected by owner.
05/08/2014
94-13W
1329 N. 6th St.
Marilyn D. Wilson
Corrected by owner.
05/08/2014
95-13W
1022 Walnut St.
Charity Homes Two LLC Attn: Ivan Tcherniaev
Corrected by owner.
05/09/2014
96-13W
514 Spring St.
Tina M. Perry
Corrected by owner.
05/09/2014
97-13W
1500-1600 blocks Main St., south
side
Plumb-Nelly Rentals LLC
Corrected by owner.
05/15/2014
98-13W
1212 S. 8th St.
Frank & Robin Thomas
05/15/2014
99-13W
433 S. 6th St.
Brian S. Emrich
05/15/2014
100-13W
512 S. 5th St.
Riverbend Investments LLC
05/15/2014
101-13W
612 "S" St.
Ronald V. Knudsen
Corrected by owner.
05/15/2014
102-13W
715 S. 7th St.
Ronald V. Knudsen
Corrected by owner.
05/15/2014
103-13W
716 "R" St.
John P. & Gina L. Suther
05/15/2014
104-13W
700 block "R" St., south side
John P. Suther & Mary Lou Sinclair
05/15/2014
105-13W
825 S. 6th St.
Dedtrick Haley
Corrected by owner.
05/15/2014
106-13W
1217 S. 7th St.
Kevin J. Scott
Extenson to 6/2/14
05/15/2014
107-13W
1445 S. 8th St.
Daniel G. & Amy E. Watowa
Corrected by owner.
05/15/2014
108-13W
624 N. 2nd St.
Corrected by owner.
05/15/2014
109-13W
106 N. 10th St.
05/15/2014
110-13W
616 Kearney St.
Stephanie Berkhalter
Corrected by owner.
05/15/2014
111-13W
711 Mound St.
Michael R. & Dorothy L. Carney
Corrected by owner.
05/15/2014
112-13W
Robert M. & Imogene M. Chew
Corrected by owner.
162
163
Date
Notice No.
Address
Owner/Tenant
Action
05/15/2014
113-13W
1303 Commercial St.
Thomas L. Messina, Jr.
Corrected by owner.
05/15/2014
114-13W
1212 Guthrie Circle
Union State Bank of Everest
Corrected by owner.
05/15/2014
115-13W
1136 Division St.
John P. Suther
05/15/2014
116-13W
513 N. 11th St.
Patricia L. Swordy
Corrected by owner.
05/15/2014
117-13W
1015 Kearney St.
Scott A. & Victoria L. Vessar
05/16/2014
118-13W
928 N. 5th St.
Sondra Mink
Corrected by owner.
05/16/2014
119-13W
927 N. 6th St.
Cheryl J. Lynn/Matthew & Carla Wariner
Corrected by owner.
05/16/2014
120-13W
923 N. 7th St.
Phillip A. & Stacy R. Birkinsha
Corrected by owner.
05/16/2014
121-13W
1026 N. 7tn St.
Benjamin Williams-Bey/Cheryl Winslow-Bey
Corrected by owner.
05/16/2014
122-13W
Robert Schumacher
05/16/2014
123-13W
1323 Maple St.
Bonny L. Hoeft/Pamela S. George
05/16/2014
124-13W
601 N. 11th St.
733 LLC
Corrected by owner.
05/16/2014
125-13W
1118 Laramie St.
Brent Donaldson
Corrected by owner.
05/16/2014
126-13W
1122 Laramie St.
Patrick M. & Olivia Denton/Siddeeqah Abdullah
Corrected by owner.
05/16/2014
127-13W
1120 Laramie St.
Patrick M. & Olivia D. Denton/Willie D. Kautz
Corrected by owner.
05/16/2014
128-13W
1122 Mound St.
John M. & Brenda L. Calhoon
Corrected by owner.
05/16/2014
129-13W
514 S. 5th St.
Michael Wilburn
Corrected by owner.
05/16/2014
130-13W
401 S. 5th St.
Thomas & Michelle Quinlan, Charles M.
Lawrence/Michelle Schuler
Corrected by owner.
05/20/2014
131-13W
809 S. 5th St.
Michael R. Piper
Corrected by owner.
05/20/2014
132-13W
118 N. 4th St.
Hai Pham
Corrected by owner.
05/20/2014
133-13W
1301 "M" St.
Estate of Peggy L. Burton
Corrected by owner.
05/20/2014
134-13W
830 Division St.
Corrected by owner.
163
164
Date
Notice No.
Address
Owner/Tenant
Action
05/20/2014
135-13W
517 N. 7th St.
Riverbend Habitat For Humanity Inc.
Corrected by owner.
05/20/2014
136-13W
910 Santa Fe St.
Kyle V. Boos
Corrected by owner.
05/20/2014
137-13W
923 Santa Fe St.
Elizabeth A. Enzbrenner et al
Corrected by owner.
05/20/2014
138-13W
919 Atchison St.
Cecil D. Blide
Corrected by owner.
05/20/2014
139-13W
717 N. 11th St.
William F. & Lola J. Wagner
Corrected by owner.
05/20/2014
140-13W
945 Riley St.
Gretchen Larson
Corrected by owner.
05/20/2014
141-13W
123 N. 10th St.
John D. Weitlich/Kimberly A. Fry
Corrected by owner.
05/20/2014
142-13W
1607 Commercial St.
Daniel M. & Debra S. Pickman
Corrected by owner.
05/23/2014
143-13W
1500 Fox St.
Barbara Stephens
Corrected by owner.
05/23/2014
144-13W
1404 Pacific St.
Edward D. & Helen I. Gauger/Danielle Hughes
To be checked 6/03/2014.
05/23/2014
145-13W
717 S. 7th St.
Jacqueline R. Petersen & Brenda K. Petersen
05/23/2014
146-13W
1101 N. 5th St.
Christopher C. Thacker et al
05/23/2014
147-13W
310 N. 9th St.
Robert V. Staley II
05/23/2014
148-13W
109 S. 14th St.
Daniel M. Pickman/Brittany Keever
05/23/2014
149-13W
109 Su Terra Dr.
Daniel M. & Debra S. Pickman/David E. Kane
05/23/2014
150-13W
700 block "M" St., north side
Bertha Crawford & Nate Burnett
164
165
165
167
167
169
169
170
170
171
171
172
172
173
173
174
174
175
Contact: Matt Keith
(785) 296-4931, [email protected]
For Immediate Release
May 29, 2014
2014 Business Appreciation Month winners announced
24 Regional Business Excellence winners, 76 Merit Award winners honored
The Kansas Department of Commerce has named 24 Regional Business Excellence Award winners and 76
Merit Award winners as part of Business Appreciation Month, the Department’s annual celebration of Kansas
businesses and their contributions to their communities and the state economy.
The 100 businesses were nominated in one of four categories: manufacturing/distribution, service, retail and
hospital/non-profit. Five of the 24 Regional Business Excellence Award winners have been named finalists for
the Governor’s Award of Excellence, the top award given to a business by the state, which will be announced
June 17 at the Team Kansas Awards Banquet in Wichita. The five finalists are:





Benefit Management Inc., Great Bend
Galaxy Technologies, Winfield
Geary Community Hospital, Junction City
Grandstand Glassware and Apparel, Lawrence
LifeTeam, Newton
“The businesses honored during Business Appreciation Month have made outstanding contributions to our
economy and their communities,” Kansas Commerce Secretary Pat George said. “These businesses are
investing and hiring in Kansas and as a result our state is enjoying strong job growth and a vibrant economy.”
For more information, visit KansasCommerce.com/BAM.
###
(The list of award winners follows on pages 2-5.)
1
175
176
Finalists and Regional Business Excellence Award Winners
FINALISTS
Award Winner
Nominating Organization
Great Bend Chamber of
Commerce & Eco. Devo
Category
County
Region
Service
Barton
Northwest
Manufacturing / Distribution
Cowley
South Central
Hospital / Non-Profit
Geary
Northeast
Grandstand Glassware & Apparel
Cowley First
Junction City Area Chamber of
Commerce
Lawrence Chamber of
Commerce
Douglas
East Central
LifeTeam
LifeTeam
Service
Harvey
South Central
Solomon Valley Economic
Development
Category
County
Region
Retail
Mitchell & Osborne
Northwest
Accutype Medical Services, Inc
Manhattan Area Chamber of
Commerce
Service
Johnson
East Central
Riley
Northeast
City of Quinter
El Dorado Chamber of
Commerce
Gove
Northwest
Retail
Butler
South Central
Retail
Finney
Southwest
Butler
South Central
Stevens
Southwest
Lawrence Memorial Hospital
Senator Larry Powell
Butler County Community
Development
Stevens County Economic
Development Board
Lawrence Chamber of
Commerce
Douglas
East Central
New Boston Creative Group, LLC
Manhattan Area Chamber of
Commerce
Service
Riley
Northeast
Original Bread Inc. dba Panera Bread
Original Bread Inc
Retail
Johnson
East Central
Pawnee Valley Community Hospital
Plainjans' Inc./PlainJan Rentals,
Inc./Plain Ice LLC
Producers Agricultural Marketing
Association (Pro-Ag Marketing)
Pawnee County Commissioners
Scott County Development
Committee, Inc.
Pawnee
Southwest
Service
Scott
Southwest
Pro-Ag Marketing
Coffey County Economic
Development
Woodson County Chamber of
Commerce
Smith
Northwest
Service
Coffey
Southeast
Retail
Woodosn
Southeast
City of Garnett
Anderson
Southeast
City of Atchison
Fredonia area Chamber of
Commerce
Retail
Atchison
Northeast
Wilson
Southeast
Benefit Management Inc.
Galaxy Technologies
Geary Community Hospital
REGIONAL WINNERS
Award Winner
Becker Autos & Trailers
Bukaty Companies
Environmental Manufacturing Inc.
Gove County Medical Center
John K. Fisher, Inc.
Kalvesta Implement Company
Kansas Medical Center
KDI Operating Company, LLC
Skillman Construction, LLC
Superior Building Supply
The Chamber Players Community
Theatre, Inc.
Willie's Sports Pub
Wilson County Citizen
2
176
177
Merit Award Winners
MERIT AWARD WINNERS
Award Winner
Category
County
Region
After Hours Auto Repair Inc.
Alden-Harrington Funeral
Home, Inc.
Kansas Small Business Development Center at
WSU
Bonner Springs-Edwardsville Area Chamber of
Commerce
Service
Sedgwick
South Central
Service
Wyandotte
East Central
AnswerPro Limited
Dr.Michael Pronko
Service
Johnson
East Central
Benedictine College
City of Atchison
Atchison
Northeast
Bert & Wetta Sales
Pawnee
Southwest
Billy's Blue Duck BBQ
Larned Area Chamber of Commerce
Seward County Community College/Area Tech
School
Service
Seward
Southwest
BRG Precision Products
City of Derby
Sedgwick
South Central
Caldwell Messenger
Service
Sumner
South Central
Thomas
Northwest
Cobalt MedPlans
Caldwell Chamber of Commerce
Thomas County Economic Development
Alliance
City of Fort Scott & Fort Scott Chamber of
Commerce
Service
Bourbon
Southeast
College Nannies + Tutors
College Nannies + Tutors
Service
Johnson
East Central
Colwich Gardens
City of Colwich
Segwick
South Central
Country Fabrics
City of Garnett
Retail
Anderson
Southeast
Cuppa Joe Espresso
Cheyenne County Development Corporation
Retail
Cheyenne
Northwest
Dave's Enterprise
Cowley First
Retail
Cowley
South Central
Comanche County Economic Development
Foundation
Retail
Comanche
Southwest
Osawatomie Chamber of Commerce
Retail
Miami
Southeast
Family Features
Family Features
Service
Johnson
East Central
Front Row Sports
City of Garnett
Retail
Anderson
Southeast
Garmin
HireBillinguals.com
Johnson
East Central
Graves Drug
Great Plains Gas Compression,
Inc.
Greater Manhattan Community
Foundation
Winfield Main Street
Seward County Community College/Area Tech
School
Retail
Cowley
South Central
Stevens
Southwest
Manhattan Area Chamber of Commerce
Riley
Northeast
Heartland Hay
Lucas Area Chamber of Commerce
Russell
Northwest
Hill City Livestock Market
Hill City Area Chamber of Commerce
Service
Graham
Northwest
Hobby House
Lucas PRIDE Committee
Retail
Russell
Northwest
Home Rental Services, Inc.
WDS Marketing & Public Relations
Service
Johnson
East Central
Hometown Brand Center
Innovative Livestock Services-Ward Feed Yard
Rusell County Eco Devo
Pawnee County Economic Development
Commission
Retail
Russell
Northwest
Service
Pawnee
Southwest
Jagged Edge Salon & Spa
Russell County Eco Devo
Retail
Russell
Northwest
JC Speedy Lube
Commerce
Service
Wyandotte
East Central
Kincaid Equipment, Inc.
Haven Chamber of Commerce
Reno
South Central
Citizen's Medical Center, Inc.
Dave's Pizza Oven
Donna and Viola's Shirts &
Etc.
3
177
178
Kingsbury Service
Kohler Manufacturing &
Repair, LLC
Smith Center Chamber of Commerce
Retail
Smith
Northwest
Solomon Valley Economic Development
Comanche County Economic Development
Foundation
Mitchell
Northwest
Comanche
Southwest
Life Care Center of Osawatomie
Service
Miami
Southeast
Little Apple Brewing
Company
Manhattan Chamber of Commerce
Retail
Riley
Northeast
LoMar Bowling Supply
Russell
Northwest
Lucas Public Library
Mi Lady's Hair Care & Nail
Salon
Lucas PRIDE Committee
Russell
Northwest
Donna Dainer
Retail
Miami
Southeast
Moffet Drug Store
Norton Area Chamber of Commerce
Retail
Norton
Northwest
New Birth Company
New Birth Company
Johnson
East Central
OrthoKansas,LLC
Lawrence Chamber of Commerce
service
Douglas
East Central
Ottawa Main Street
Association
Ottawa Main St.Association
Franklin
Southeast
Morton Co. Economic Development
Service
Morton
Southwest
Retail
Douglas
East Central
Morris
Northeast
Piping Technology, Inc.
Lawrence Chamber of Commerce
Greater Morris County Development
Corporation
McPherson Chamber of Commerce, McPherson
Industrial Development, Main Street,
Service
McPherson
South Central
Prairiebrooke Arts, Inc.
Prairiebrooke Arts, Inc.
Retail
Johnson
East Central
Radke Implement
Service
Russell
Northwest
Real Estate Center
Resource Service Solutions,
LLC
Hillsboro Development Corporation
Service
Marion
South Central
Resource Service Solutions, LLC
McPherson Chamber of Commerce, McPherson
Industrial Development, Main Street,
Service
Johnson
East Central
McPherson
South Central
Rush County Economic Development
Rush
Northwest
Schier Products
Commerce
Wyandotte
East Central
Sicoir Computer Technologies
Link 4 Nutrition/Link 4 Diabetes
Service
Ellis
Northwest
Solomon Valley Hospice
Solomon Valley Economic Development
Mitchell
Northwest
Solomon Valley Manor
Rooks Co. Economic Development
Service
Rooks
Northwest
St. Francis de Sales Church
City of Lansing
Leavenworth
East Central
Sterling Supply, LLC
Rooks County Economic Development
Retail
Rooks
Northwest
Steve's True Value Hardware
Fredonia Area Chamber of Commerce
Retail
wilson
Southeast
Taco John's
City of Lansing, Kansas
Retail
Leavenworth
East Central
Target Distribution Center
GO Topeka
Shawnee
East Central
Team Threads
Columbus Telephone Company
Retail
Cherokee
Southeast
Temps Disposal Service
Marysville Chamber of Commerce
Service
Marshall
Northeast
Lane Myers Co.
Life Care Center of
Osawatomie
Pate Insurance Agency, LP
Pawsh Wash & Pet Health
Market
Peterson Machine Tools
ReUse It Center
Rush County Memorial
Hospital
4
178
179
The Goodyear Tire & Rubber
Co.
GO Topeka
Shawnee
East Central
The Village Geek
McPherson Main Street
Retail
McPherson
South Central
Tom Adams Construction
City of Garnett
Service
Anderson
Southeast
Troy's Grocery
Twin Oaks Health &
Rehabilitation
Lucas Area Chamber of Commerce
Retail
Russell
Northwest
City of Lansing, Kansas
Service
Leavenworth
East Central
USD 415 Educational
Foundation
Hiawatha Foundation for Economic
Development
Brown
Northeast
Wheat State Wine Co.
Winfield Area Chamber of Commerce
Cowley
South Central
Wheatbelt Inc.
Hillsboro Development Corporation
Marion
South Central
William Newton Hospital
Cowley
South Central
Wilson County Hair & Spa
Winfield Recreation
Commission
Fredonia Area Chamber of Commerce
Service
Wilson
Southeast
Cowley
South Central
After Hours Auto Repair Inc.
Kansas Small Business Development Center at
WSU
Service
Sedgwick
South Central
Alden-Harrington Funeral
Home, Inc.
Commerce
Service
Wyandotte
East Central
AnswerPro Limited
Dr.Michael Pronko
Service
Johnson
East Central
5
179
180
CITY COMMISSION MEETING
COMMISSION ROOM, CITY HALL
MAY 5, 2014, 4:30 P.M.
MEMBERS PRESENT:
Mayor David Butler, Commissioners Jack Bower, Rita Hartman, Larry Purcell,
and Allen Reavis.
OTHERS PRESENT:
City Manager Trey Cocking, Finance Director/Assistant City Manager Becky
Anderson, City Clerk Debra Clem, City Attorney J. David Farris, Community
Development Director Stefanie Leif, Utilities Director Mike Mathews, Fire
Chief Michael E. McDermed, Public Works Director Justin Pregont, Police
Chief Mike Wilson, Recording Secretary Kathryn Soph, and others.
I.
CALL TO ORDER.
Mayor Butler called the meeting to order at 4:30 p.m.
II.
INVOCATION.
Mayor Butler gave the invocation.
III.
PLEDGE OF ALLEGIANCE.
IV.
PROCLAMATIONS.
None.
V.
PUBLIC FORUM.
Atchison Library Director Gary Landeck announced the Friends of the Library Book Sale is
scheduled for May 16th through 18th. He thanked the Commission for increasing the library’s mill
levy, which allows full funding for the summer reading program this year.
VI.
NEW BUSINESS.
A.
APPOINTMENTS TO THE LIBRARY BOARD:
Commissioner Hartman moved to appoint Charlie Peitsch and Dr. Christopher Childers to serve fouryear terms on the Atchison Library Board to expire on 4/30/2018. Commissioner Purcell seconded.
The motion passed by a vote of 5-0.
B.
PUBLIC HEARING ON RECYCLING PLAN:
Mayor Butler opened the hearing at 4:34 p.m.
Mr. Pregont answered questions from Commissioners about recycling containers, glass recycling, and
biodegradable bags. There were no comments from members of the public.
There being no further comments, the hearing closed at 4:42 p.m.
C.
2014 STREET IMPROVEMENT PROJECT BIDS:
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Commissioner Purcell objected to spending $116,185 on the Conference Center parking lots, as all of
citizens will not benefit from it as they would from spending that money on streets.
Commissioner Reavis made a motion to authorize the City Manager to enter into contracts with
Bottorff Construction and Bettis Asphalt in the respective amounts of $424,617.69 and $861,636.75
for completion of the 2014 Street Improvement Project and Alternate A. Commissioner Hartman
seconded the motion. The motion passed by a vote of 4-1, with Commissioner Purcell opposed.
D.
AN ORDINANCE ADOPTING A YARD SALE ORDINANCE, REGULATING THE NUMBER,
LENGTH, AND CONDITIONS OF RESIDENTIAL YARD SALES WITHIN THE CITY OF
ATCHISON, KANSAS. (Ordinance No. 6477):
Ms. Leif explained provisions of the ordinance. Residents may have up to three yard sales per year,
up to three days each during hours of 7:00 a.m. and 6:00 p.m. Yard sales may not take place on a
vacant residence or empty lot, and shall not encroach upon a neighbor’s property or public right-ofway. Signage may be erected and removed within 48 hours of the sale.
Betty Dorsey, 1537 Atchison St., stated her opposition to the ordinance, stating it would affect estate
sales and people in dire circumstances who have to sell their possessions. Mr. Cocking said City staff
will be reasonable in enforcement.
Commissioner Bower moved to adopt Ordinance No. 6477, amending the number of yard sales
allowed per year from three to four. Commissioner Reavis seconded. The motion passed by a 4-1
vote, with Commissioner Hartman opposed.
E.
AMELIA EARHART AIRPORT RUNWAY AND TAXIWAY SEAL PROJECT:
Mr. Cocking noted the City’s expense for the project will be $13,802, including design fees.
Commissioner Reavis moved to authorize the City Manager to sign an agreement with McConnell &
Associates for $94,938.41 and apply for FAA grant funding for the project. Commissioner Bower
seconded. The motion passed 5-0.
VII.
COMMUNICATIONS.
A.
APRIL NUISANCE NOTICES – COMMUNITY DEVELOPMENT OFFICE.
B.
VYVE COMMUNICAITONS ANNOUNCEMENT OF CHANNEL CHANGES.
VIII.
CONSENT AGENDA
A.
APPROVE MINUTES FROM THE ATCHISON CITY COMMISSION MEETING OF APRIL 21,
2014.
B.
APPROVE THE PURCHASE OF A ½ TON 4 WD PICKUP IN THE AMOUNT OF $20,349 FOR
THE WATER TREATMENT PLANT.
C.
APPROVE THE COST SHARE DEMOLITION FOR 915 SHAEFFER AVE.
D.
APPROVE ASSISTANT CITY ATTORNEY CONTRACT FOR ROBERT CAMPBELL.
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E.
AUTHORIZE THE CITY MANAGE TO TEACH A CITY GOVERNMENT CLASS ON
AUGUST 28, 2014.
F.
APPROVE THE OCCUPATIONAL LICENSES UPON COMPLETION OF INSPECTION
REQUIREMENTS FOR:
A. WEST LANES, 1416 MAIN, ROBERT & LORI MYERS.
B. ATCHISON HERITAGE CONFERENCE CENTER, 1416 MAIN, RHONDA TURPIN.
Commissioner Reavis moved to adopt the Consent Agenda, seconded by Commissioner Purcell. The
motion carried 5-0.
IX.
INFORMATIONAL ITEMS.
Mr. Cocking announced the May 19th meeting was cancelled. June budget workshops are scheduled
for June 2nd, 9th, 16th, and 23rd.
Mr. Cocking introduced Logan Jackson, news editor for the Atchison Globe.
X.
GOVERNING BODY COMMENTS.
Commissioner Hartman thanked all the volunteers who participated in the cleanup day.
Commissioner Bower asked that Ms. Leif provide a future update on recent conferences and
economic development activities.
Commissioner Reavis asked about appointing more members to the Economic Development
Advisory Board. Commissioner Hartman suggested waiting until the group meets and gives input.
XI.
PUBLIC FORUM.
No comments.
XII.
EXECUTIVE SESSION.
A.
AN EXECUTIVE SESSION FOR CONSULTATION WITH AN ATTORNEY FOR THE BODY
OR AGENCY WHICH WOULD BE DEEMED PRIVILEGED IN THE ATTORNEY-CLIENT
RELATIONSHIP:
Commissioner Bower moved to recess into executive session from 5:25 p.m. to 6:00 p.m., seconded
by Commissioner Hartman. The motion passed by a 5-0 vote.
The meeting recessed at 5:19 p.m. and reconvened at 6:00 p.m.
XIII.
ADJOURNMENT.
The meeting adjourned at 6:00 p.m.
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Approved this ____ day of __________, 2014.
Debra A. Clem
City Clerk
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Commission Action Report Title: Concrete Testing Services for Water Infrastructure Projects Proposed Agenda Date: June 2, 2014 Presented by: Mike Mathews, Utilities Director BACKGROUND: 

Two water infrastructure projects are underway that require concrete mix and compressive strength testing services, as described in the contract documents. The documents also specify that “an independent testing laboratory will be selected and paid by the Owner (City) to perform the required laboratory tests.” Each project requires a separate contract. Staff has chosen to contract with Alpha Omega Geotech, Inc. Based on the numbers and types of tests required, Alpha Omega Geotech, Inc. has estimated the following costs: KPWSLF Proj. No. 2745 ‐‐ 2.0 MG Storage Tank ‐ $20,000 KPWSLF Proj. No. 2566 – Water Treatment Plant Improvements ‐ $15,000 FINANCIAL CONSIDERATIONS: 
The testing services will be financed through the existing KDHE loans for each project. By contracting these services separate from the construction contract, the City avoids a markup that would be charged by the primary contractors for each project. LEGAL CONSIDERATIONS  Contracts must be in force for testing services in order to receive reimbursement from the KDHE loan.  KDHE must also review signed contract to determine that it meets all applicable loan guidelines. POLICY CONSIDERATION: 
Projected costs are based on the best available information and do not include additional costs in the event results do not yield the required strength results. RECOMMENDED ACTION: 
Authorize the City Manager to enter into two contracts with Alpha Omega Geotech, Inc. to perform concrete testing services. 198
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Commission Action Report Title: Fire Department Kitchen Renovation Proposed Agenda Date: June 2, 2014 Presented by: Michael E. McDermed, Fire Chief BACKGROUND:  The 2014 Capital Improvement Plan includes a project to replace the kitchen cabinets and countertops at the Fire Department.  Staff requested bids for the project and received the following responses: ‐ Pine Ridge Woodworks, Cummings KS: $ 13,790.31 ‐ Granite Transformations, Kansas City, KS: $ 12,780.00 ‐ Everest Wood Products, Everest, KS: $ 12,337.46 FINANCIAL CONSIDERATIONS:  The 2014 CIP has $10,000 budgeted for this project. Acceptance of the lowest bid puts the project $2,337.46 over budget. The Fire Department did have several CIP projects in 2013 that were completed under budget, which allowed a larger carryover fund balance. The original 2013 CIP budget for Fire Department projects was $37,500 and actual expenditures were $30,148. LEGAL CONSDERATIONS:  None POLICY CONSIDERATIONS: 
This proposal follows the established equipment replacement policy, fair bidding, and purchasing guidelines. RECOMMENDED ACTION: 
Accept low bid of $12,337.46 from Everest Wood Products. 208
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Commission Action Report - City of Atchison, Kansas

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