AEX32 Print - City of Olathe

Transcription

SB-A
PROCLAMATION
WHEREAS,
each year since 1987, the month of March has been designated as
Women's History Month, and the President of the United States has
proclaimed the month of March to be National Women's History Month;
and
WHEREAS,
2015 marks the 167th anniversary of the Women's Rights Movement,
which was the impetus by which many women's rights were secured,
including the right to vote and improved employment rights, redefining the
landscape of non-traditional career opportunities for women by increasing
their representation as public officials, CEO’s, and entrepreneurs; and
WHEREAS,
women of all ages and of every race and ethnic background have served
as early leaders in the forefront of every major progressive social change
movement and made great and historic contributions to the growth, and
strength of our Nation in countless recorded and unrecorded ways; and
WHEREAS,
women excel as leaders in all walks of life, including business, law,
politics, family life, education, community service, science, medicine, and
the arts, and the brave women who have served and continue to serve in
our Armed Forces are helping to lay the foundations of peace and
freedom for generations to come; and
WHEREAS,
the City of Olathe is pleased and proud to join in this annual observance
and pay special tribute to the women in our community who have made
and continue to make Olathe great.
NOW, THEREFORE, I, Michael Copeland, Mayor of the City of Olathe, do hereby proclaim
March, 2015,
WOMEN'S HISTORY MONTH
encouraging all Olatheans to honor women for their countless contributions to our community and
our nation and to learn more about the significant role women have played in our history.
In witness whereof, I have hereunto set my hand and caused the seal of the City of Olathe to be
affixed this seventeenth day of March, 2015.
________________________________
Michael Copeland, Mayor
________________________________
Donald T. Howell, City Clerk
COUNCIL AGENDA ITEM
CA-A
Department: Resource Management/City Clerk’s Office Council Meeting Date: March 17, 2015
Staff Contact: Tracy Howell
Subject: Consideration of Council meeting minutes for March 3, 2015.
Key Result Area: Service Delivery Support
Executive Summary: The Council meeting minutes of March 3, 2015, are submitted for consideration.
Fiscal Impact: NA
Recommendations/Options/Action Requested: Approve the meeting minutes as part of the consent
agenda.
Attachments:
1) Minutes for March 3, 2015
COUNCIL AGENDA ITEM
CA-B
Department: City Clerk’s Office – RMD
Council Meeting Date: March 17, 2015
Subject: Consideration of a drinking establishment license application.
Executive Summary: The application for the business noted below meets the necessary requirements
for issuance of a drinking establishment license in accordance with Title 7, Liquor Laws, of the Olathe
Municipal Code (OMC) and is recommended for approval by staff as noted below.
Lone Elm Tap Room (Whole Foods Market)
Lone Elm Tap Room is a new business and evaluation of gross receipts in accordance with OMC
Section 7.02.030C requiring at least fifty percent (50%) of gross receipts in each calendar year from the
sale of food in order to permit those under the age of twenty-one (21) to remain on the premises without a
parent or guardian will be evaluated upon renewal. Lone Elm Tap Room is also recommended for
approval contingent to issuance of the drinking establishment license by the State of Kansas. If
approved, the city license will not be issued until a copy of the state issued license is provided.
Fiscal Impact: The license fee as established in Title 7 of the Olathe Municipal Code in the amount of
$500.00 for a drinking establishment has been collected for the application.
Recommendations/Options/Action Requested: Approve the application for a license as part of the
consent agenda.
Attachments:
1) License application
COUNCIL AGENDA ITEM
CA-C
Department: City Clerk’s Office – RMD
Subject: Consideration of a pawnbroker/precious metal dealer license application.
Executive Summary: The applicant noted below has applied for a pawnbroker/precious metal dealer
license. In accordance with Section 5.42.040 of the Olathe Municipal Code, a recommendation has
been submitted on behalf of the Chief of Police. The applicant has met the necessary requirements for
issuance of a pawnbroker/precious metal dealer license and the application is recommended for
approval by staff.
The application is available for review in the City Clerk’s Office.
Olathe Trading Post & Pawn
2049 E. Santa Fe Street
Olathe, Kansas 66062
Fiscal Impact: The applicant has paid the $25.00 license fee in accordance with Chapter 5.42 of the
Olathe Municipal Code.
Recommendations/Options/Action Requested: Approve the application for issuance of a license as
part of the consent agenda.
Attachments:
Staff Recommendations
COUNCIL AGENDA ITEM
CA-D
Department: City Manager’s Office
Staff Contact: Brenda Long
Subject: Consideration of business expense statement for City Manager, Michael Wilkes, for expenses
incurred to attend the National League of Cities Congressional Cities Conference in Washington, D.C.
March 7 – 11, 2015.
Executive Summary:
Expense statements are presented for Council review and approval in accordance with Administrative
Guideline F-01, which requires that all travel expenses for the City Council and City Manager be placed
on the Council agenda for approval.
Fiscal Impact: Funding is included in the 2015 budget.
Recommendations/Options/Action Requested:
Approve the attached business expense statement as part of the Consent Agenda
Attachments: BES- Michael Wilkes
COUNCIL AGENDA ITEM
CA-E
Department:
Communications & Customer Service & Legal
Staff Contact: Vanessa Vaughn West; Ron Shaver
Subject:
Consideration of Resolution No. 15-1022 authorizing the City Manager to provide written notice of
termination to the United States Department of Housing and Urban Development regarding the Fair Housing
Assistance Program.
Key Result Area: Diversity
Executive Summary: The City of Olathe, by and through the Olathe Human Relations Commission
(OHRC), has been a Fair Housing Assistance Program (FHAP) agency since 1993. FHAP agency status
giving the City the power to investigate fair housing complaints on behalf of the U.S. Department of Housing
and Urban Development (HUD) office of Fair Housing and Equal Opportunity (FHEO). HUD, in turn, provides
funding for investigated complaints meeting certain criteria.
HUD’s new FHEO regional administrator recently recommended we remove ourselves from the program
because Olathe has not received or investigated any housing discrimination complaints in over two years.
Additionally, the City has fully complied with all of its original FHAP grant obligations related to staff training and
complaint investigation. HUD’s position is a welcomed contrast to earlier recommendations to continue with the
program despite the low number of investigations.
HUD’s recommendation is also consistent with the strategic direction the OHRC and staff has taken to focus
on outreach, education and engagement. As such, both staff and the OHRC concur with HUD’s
recommendation to extricate ourselves from FHAP participation. We believe, as does HUD, it will allow us to
have a stronger and more positive impact on our community.
Fiscal Impact: FHAP participation has significant costs and provides a limited Return on Investment. FHAP
agency status requires the City to maintain a certified staff member at an annual overhead of $12,000 per year
with additional costs for several weeks of training courses in Washington, DC. Though the training expense is
reimbursed by HUD, there are other significant staff costs to the City in time and resources. With the City
averaging only one complaint per year for several years and none in the last twenty-four months continued
FHAP agency is not cost effective. HUD agrees it does not make business or community sense for Olathe to
continue participating in the FHAP program.
Furthermore, the local HUD FHEO office has the capacity, expertise and resources to conduct the
investigations. Our participation adds little value and at very substantial costs. It is a significant cost to both
agencies for a redundant and very seldom used service.
Recommendations/Options/Action Requested: Approve Resolution No. 15-1022 authorizing the City
Manager to provide written notice of termination to the United States Department of Housing and Urban
Development regarding the Fair Housing Assistance Program.
Attachments: 1 – HUD Recommendation Letter for Olathe to Voluntarily Withdraw from FHAP Program
2 – Resolution
RESOLUTION NO. 15-1022
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROVIDE WRITTEN
NOTICE OF TERMINATION TO THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT REGARDING THE FAIR HOUSING
ASSISTANCE PROGRAM.
WHEREAS, the City of Olathe, Kansas (“City”), by and through the Olathe Human
Relations Commission (“OHRC”), has been a Fair Housing Assistance Program (“FHAP”)
agency since 1993; and
WHEREAS, the United States Department of Housing and Urban Development
(“HUD”) Region VIII Office of Fair Housing and Equal Opportunity (“FHEO”) administers the
FHAP program for the City; and
WHEREAS, the City no longer investigates housing discrimination complaints, but
instead relies on HUD and the FHEO to investigate such complaints; and
WHEREAS, the City has expended all FHAP grant funds it has received from HUD
and currently has no financial relationship with the FHEO; and
WHEREAS, FHEO has recommended that the City consider voluntarily withdrawing
from the FHAP program; and
WHEREAS, the OHRC supports FHEO’s recommendation that the City voluntarily
withdraw from the FHAP program; and
WHEREAS, the Governing Body of the City desires to withdraw from the FHAP
program.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
CITY OF OLATHE, KANSAS:
SECTION ONE: The City Manager is hereby authorized to provide HUD and the
FHEO written notice of its desire to withdraw from the FHAP program and terminate the
City’s FHAP agency status.
SECTION TWO: This Resolution shall take effect immediately.
ADOPTED by the Governing Body this ______ day of ___________, 2015.
SIGNED by the Mayor this _______ day of ______________, 2015.
________________________________
Mayor
ATTEST:
__________________________
City Clerk
(SEAL)
APPROVED AS TO FORM:
__________________________
City Attorney
COUNCIL AGENDA ITEM
CA-F
Department: Public Works
Staff Contact: Mary Jaeger/Celia Duran
Subject: Consideration of the Consent Calendar.
KRA: Transportation
Executive Summary: Consent Calendar consists of Project Completion Certificates for Public Works
projects.
Fiscal Impact:
Recommendations/Options/Action Requested: Approve Consent Calendar for March 17, 2015.
Attachments: Consent Calendar
City Council Information Sheet
Date: March 17, 2015
ISSUE: Consent Calendar for: March 17, 2015
DEPARTMENT: Public Works
SUMMARY:
1.
PROJECT COMPLETION CERTIFICATES
a. TransAm Trucking, Inc. Office Building - 2-D-011-14 – Storm Sewer
b. Bloom Senior Living – 5-D-042-14 - Waterlines
c. Arbor Woods 4th Plat – 5-D-009-13 - Waterlines
2. CHANGE ORDERS
a. none
3. FINAL PAYMENT TO CONTRACTORS
a. none
Submitted by: Mary Jaeger, Director
COUNCIL AGENDA ITEM
Department: Resource Management
CA-G
Staff Contact: Michael Meadors/Stephanie Creed
Subject: Consideration of renewal of contract with Gerkin Rent-All for portable toilet rental services for
the Parks and Recreation Department and for special City events.
Key Result Area: Active Lifestyles
Executive Summary: On January 18, 2012, three (3) bids were received for portable toilet rental
services.
Council approved award of contract to Gerkin Rent-All on February 21, 2012 for a three (3) year contract.
Staff recommends renewal of the current agreement through March 31, 2016 at the same pricing.
No Olathe vendors responded to the bid. Research was conducted prior to issuing the bid and found that
there are no Olathe vendors who offer portable toilet rental services.
Fiscal Impact: $57,000.00 was spent in 2014, with expected expenditures in 2015 to be the same.
Expenditures will be from the Parks and Recreation Department operating budget.
Recommendations/Options/Action Requested: Approve renewal of contract with Gerkin Rent-All for
portable toilet rental services.
Attachments: None
COUNCIL AGENDA ITEM
CA-H
Staff Contact: Mary Jaeger, Stephanie Creed
Subject: Acceptance of bids and consideration of award of contract to Truck Component Services and
Elliott Equipment Company for the purchase of compressed natural gas powered solid waste collection
vehicles.
Executive Summary: On February 19, 2015, 12 bids were received for two (2) compressed natural gas
powered automated side loader solid waste collection vehicles. Elliott Equipment of Grandview, MO,
offered the lowest responsible and responsive bid, as the first and second lowest bidder’s bids did not
meet minimum specifications.
On February 19, 2015 eight (8) bids were received for one (1) compressed natural gas powered rear
loader solid waste collection vehicle. Truck Component Services of Stafford, Mo. offered the lowest
responsible and responsive bid.
The vehicles are replacement vehicles for the Solid Waste Division of Public Works and will be used in
daily refuse collection activities.
Unit Replaced
2060140
2060152
2060153
Year/Make/Model of Vehicle
2007 Crane Carrier
2007 Crane Carrier
2007 Crane Carrier
Mileage/Hours
9,785
9,883
8,550
No Olathe venders offer these types of vehicles.
Fiscal Impact: $786,836.00. Funding will be from the following:
Vehicle and Equipment Replacement Fund
CMAQ Grant ($35,812 per vehicle)
$679,400
107,436
$786,836
Recommendations/Options/Action Requested: Acceptance of bids and consideration of award of
contract to Truck Component Services and Elliott Equipment Company for the purchase of compressed
natural gas powered solid waste collection vehicles.
Attachments:
Bid Tabulation – CNG Powered Side Loader Refuse Truck
Bid Tabulation – CNG Powered Rear Loader Refuse Truck
City of Olathe
IFB #15-4004 - Compressed Natural Gas Rear Loader Truck
February 19, 2015 - 11:00 AM
Item
1
3
Description
Qty
CNG Powered Rear Loader Refuse Truck
1
Option: Back-up Collision Avoidance Sensor
1
TOTAL
Recommended award
Unit
Truck Component Services
Stafford, MO
Unit Price
Total Price
Stafford, MO
Unit Price
Total Price
MMP Business Associates, Inc
Arnold, MO
Unit Price
Total Price
Elliott Equipment Company - Bid #1
Grandview, MO
Unit Price
Total Price
Elliott Equipment Company-Bid #2
Grandview, MO
Unit Price
Total Price
Elliott Equipment Company-Bid #3
Grandview, MO
Unit Price
Total Price
Downing Sales & Service, Inc.
Phillipsburg, MO
Unit Price
Total Price
each $
193,756.00 $ 193,756.00 $
207,727.00 $ 207,727.00 $
217,949.60 $
217,949.60 $
198,244.00 $
198,244.00 $
213,339.00 $
213,339.00 $ 223,997.00 $
223,997.00 $
206,059.00 $
206,059.00
2016 Freightliner w/Loadmaster
2016 Peterbilt 348 w/Loadmaster
2016 Freightliner 114SD w/Pak-Mor R225C
Legacy 25 yd RL
Legacy 25 Yd RL
Heil DP 5000 / Freightliner 114SD
2016 Freightliner 114SD w/New Way Cobra 2016 Kenworth T470 w/New Way Cobra 2016 Peterbilt 365 w/New Way Cobra RL Refuse Body
each $
2,200.00 $
2,200.00 $
2,200.00 $
2,200.00 $
2,818.00 $
2,818.00 $
1,995.00 $
1,995.00 $
1,995.00 $
1,995.00 $
1,995.00 $
1,995.00
No Bid
No Bid
$ 195,956.00
$ 209,927.00
$
220,767.60
$
200,239.00
$
*See available options
215,334.00
$
225,992.00
$
206,059.00
American Equipment Co.
Kansas City, Kansas
Unit Price
Total Price
No Bid
No Bid
No Bid
No Bid
City of Olathe
IFB #15-4016 - Compressed Natural Gas Powered Automated Side Loader Truck
February 19, 2015 - 10:00 AM
Item
1
Description
CNG Powered Automated Side Loader Refuse Truck
3
6
Option: Back-up Collision Avoidance Sensor
Steel Tool Box
TOTAL
Arnold, MO
Qty Unit
Unit Price
Total Price
2 each $
301,380.60 $ 602,761.20
Heil Python / Mack LEU 633
2 each $
2,918.00 $ 5,836.00
2 each $
650.00 $ 1,300.00
$ 609,897.20
Arnold, MO
Unit Price
Total Price
$ 324,419.60 $ 648,839.20
Heil/CCC LET2-46
$ 2,918.00 $
5,836.00
$
650.00 $
1,300.00
$
655,975.20
Elliott Equipment Company
Arnold, MO
Grandview, MO
Grandview, MO
Grandview, MO
Stafford, MO
Stafford, MO
Unit Price
Total Price
Unit Price
Total Price
Unit Price
Total Price
Unit Price
Total Price
Unit Price
Total Price
Unit Price
Total Price
$ 303,622.84 $ 607,245.68 $
292,895.00 $
585,790.00 $
284,626.00 $
569,252.00 $
315,895.00 $
631,790.00 $
304,853.00 $ 609,706.00 $
282,130.00 $ 564,260.00
Heil/Autocar MCA 64
2016 Mack LEU633 w/New Way Sidewinder 2016 Mack LEU633 w/New Way Sidewinde 2016 Mack LEU633 w/New Way Sidewinde 2016 CCC w/ Loadmaster Eclipse
2016 Mack w/ Loadmaster Eclipse
$ 2,918.00 $
5,836.00 $
2,050.00 $
4,100.00 $
2,050.00 $
4,100.00 $
2,050.00 $
4,100.00 $
2,200.00 $ 4,400.00 $
2,200.00 $
4,400.00
$
650.00 $
1,300.00 $
495.00 $
990.00 $
495.00 $
990.00 $
495.00 $
990.00 $
350.00 $
700.00 $
350.00 $
700.00
$ 614,381.68
$
590,880.00
$
574,342.00
$
636,880.00
$ 614,806.00
$
Kansas City Feightliner
Kansas City, MO
Unit Price
Total Price
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
569,360.00
$
*cannot provide equipment at this
time
Recommended award
Downing Sales & Service, Inc. - Bid #1
Phillipsburg, MO
Phillipsburg, MO
Phillipsburg, MO
Unit Price
Total Price
Unit Price
Total Price
Unit Price
Total Price
$
282,122.00 $
564,244.00 $
310,165.00 $ 620,330.00 $
276,464.00 $
552,928.00
2016 Mack LEU633 w/2015 Bridgeport Ranger 32 Yd
2015 CCC LET-2 w/Bridgeport Ranger 32 YD
2016 Peterbilt 320 w/Bridgeport Ranger 32 Yd
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
$
530.00 $
1,060.00 $
530.00 $ 1,060.00 $
530.00 $
1,060.00
565,304.00
$ 621,390.00
$
553,988.00
COUNCIL AGENDA ITEM
CA-I
Department: Public Works
Staff Contact: Mary Jaeger, Stephanie Creed
Subject: Acceptance of bids and consideration of award of contract to Kranz of Kansas City for the
purchase of one (1) new Service Body for the Field Operations/Water Distribution Program of Public
Works.
Key Result Area: Transportation
Executive Summary: On February 17, 2015, three (3) bids were received for the purchase and
installation of one (1) service truck body for the Field Operations Division of Public Works. This unit will
be used by Field Operations/Utility Maintenance in daily operations to transport equipment and supplies
for the repair of water and sewer lines.
Staff recommends award of contract to Kranz of Kansas City as they are the lowest and most responsive
bidder.
Four (4) Olathe vendors were notified of the bid, none of the vendors provide this type equipment.
Fiscal Impact: $64,128.00. Funding will be from the Vehicle and Equipment Replacement Fund.
Recommendations/Options/Action Requested: Acceptance of bids and consideration of award of
contract to Kranz of Kansas City for the purchase of one (1) new Service Body for the Field
Operations/Water Distribution Program of Public Works.
Attachments: Bid Tabulation
City of Olathe, KS
IFB #15-4003 - Truck Body
February 17, 2015 - 11:00 AM
Item
1
Description
Price for purchase and installation of one (1) new Service Body with all
equipment listed.
TOTAL
Qty Unit
1
each $
Kranz of Kansas City
Kansas City, MO.
Unit Price
Total Price
78,043.00
$
$
78,043.00
78,043.00
Kranz of Kansas City
Kansas City, MO.
Unit Price
Total Price
$
64,128.00
$
$
64,128.00
64,128.00
American Equipment Co.
Kansas City, KS
Unit Price
Total Price
$
72,895.00
$
$
72,895.00
72,895.00
*Exception to delivery clause. Cannot
make the required delivery time
Recommended award
COUNCIL AGENDA ITEM
CA-J
Department:
Resource Management
Staff Contact: Dianna Wright/Stephanie Creed
Subject: Consideration of renewal of contracts for office supplies with United Office Products and
Office Depot/Max.
Executive Summary: In 2010, staff in the Procurement Division solicited and received quotes from the
three (3) Olathe office supply vendors for the top 30 most frequently ordered items. In evaluating the
pricing from the three vendors the pricing varied depending on what was being ordered. Therefore there
was no ‘low bidder’ on all items in total. Contracts were awarded to all three vendors to allow the City to
purchase based on price of an individual item and availability.
Staff recommends extension of contracts of all three Olathe vendors through April 31, 2016:
 United Office Products, a locally owned and operated business
 Office Depot/Max (Merger), under the TCPN national cooperative contract
All vendors have stores in Olathe as well as websites from which orders can be placed, using the City’s
procurement card for payment. All offer next day, desktop delivery.
Fiscal Impact: Overall expenditures for office supplies in 2014 were $157,166.77.
purchases under these contracts will be from individual department office supply budgets.
Funding for
Recommendations/Options/Action Requested: Approval of extension of contracts with United Office
Products and Office Depot/Office Max.
Attachments: None
COUNCIL AGENDA ITEM
PL-A
Department:
Public Works, City Planning Division
Staff Contact: Dave Clements, Planning Manager and Sean Pendley, Senior Planner
Subject: Consideration of Ordinance No. 15-25 for a rezoning from C-2 (Community Center) to C-3 (Regional
Center) (RZ-14-011) and a preliminary development plan for Menards on 19.79± acres; located on the
southeast corner of 135th Street and Greenwood Street.
Owner: Colliers International, Robert Galamba/ McKee-Larson Family Group
Applicant: Menards, Inc. /Tyler Edwards
Engineer: Warger Associates, Steve Warger
Key Result Area:
Economic Sustainability
Executive Summary: On March 3, 2015, the City Council considered the request for a rezoning from C-2 district to C-3 and
a preliminary development plan for Menards. Following discussion, the Council tabled the rezoning with direction for the
applicant to make revisions to the building and warehouse to address design issues and requested staff to provide additional
information on traffic and commercial development.
The applicant has revised the appearance of the main building and warehouse to include the following.(see attachment #1).
 Added precast parapets and brick columns on the South (rear) elevation of the retail building
 Revised the color of metal walls in lawn and garden center from green to tan
 Divided the large warehouse into two smaller buildings to minimize visual impact and break up the long flat facade
 Provided 2-foot high parapet extensions with cornice on sections of warehouse back wall
Attachment #2 shows site plan and elevations reviewed by City Council on March 3, 2015 (Maps 2-9-15).
Public Works staff has prepared a traffic summary to address questions regarding existing and proposed traffic conditions
(attached). As part of the proposed development, there are traffic improvements planned for 135 th Street and Greenwood
Street. The zoning ordinance includes stipulations for certain traffic improvements prior to occupancy of the Menards
building.
At the last Council meeting, there was a question about density of commercial development with C-2 zoning and C-2/C-3
zoning, as proposed. The entire property was zoned C-2 in 1996 and the preliminary site plan included a total of 326,000
square feet of retail building area (see attached plan for RZ-04-96). The original plan showed a large strip retail building on
the south side of the property approximately 75 feet from 138 th Street. In comparison, the proposed rezoning to C-3 for
Menards shows a total of 265,000 square feet, including Menards and future C-2 commercial buildings on the out parcels.
The proposed warehouse buildings are 100-175 feet from 138 th Street.
Fiscal Impact:None.
1.
Concur with the Planning Commission recommendation of denial, subject to findings of fact, 4 votes
required.
2.
Overturn the Planning Commission recommendation for denial, and approve an Ordinance No. 15-25
rezoning the property from C-2 to C-3, 5 votes required.
3.
Return the request to the Planning Commission in order for the applicant and Commission to address
City Council directives.
Attachments: 1. Maps 3-17-15
2. Maps 2-9-15
3. Original C-2 Rezoning Plan RZ-04-96)
4.
Planning Commission minutes 2-9-15
5. Traffic Summary 6. Ordinance No. 15-25
WIDMER ST
13 4 TH PL
A C C ES S R D
AL D E N S T
PL
138TH
1 3 8 TH C T
PFLUMM RD
De Soto
GALLERY ST
HALLET ST
MULLEN S
T
ACCE
SS RD
138TH TER
GREENWOOD ST
500
Feet
LLEN
CT
250
HAGAN ST
ST
0
138TH PL
MU
1 38T H ST
A C C E SS
F
UF
AC
SHANNAN S T
Ë
1 36TH
ST
RZ-14-011
TER
8TH
3
1
!7
10
!
Lenexa
Overland
Park
137T H S T
Lenexa
!7
MENARDS, INC.
RZ-14-011
10
!
138T
69H
£
¤
ST
435
§
¦
¨
HA
SK
I NS
S
Overland
Park
RD
35
§
¦
¨
56
£
¤
Overland
Park
Gardner
35
§
¦
¨
169
£
¤
138T H T E R
Spring
Spring
Hill
Hill
User: gradyrm
Date: 03/10/2015
ST
HAUS
ER
GREENWOOD ST
135TH ST
H
T
Ë
Date: 03/11/2015
User: gradyrm
MENARDS, INC.
ZONING AMENDMENT
SE CORNER OF 135TH ST AND
GREENWOOD ST
RZ-14-011
PRELIMINARY SITE PLAN
Ë
Date: 03/11/2015
User: gradyrm
MENARDS, INC.
ZONING AMENDMENT
GREENWOOD ST
RZ-14-011
LANDSCAPE PLAN
Ë
Date: 03/11/2015
User: gradyrm
MENARDS, INC.
ZONING AMENDMENT
GREENWOOD ST
RZ-14-011
BUILDING ELEVATIONS
Ë
Date: 03/11/2015
User: gradyrm
MENARDS, INC.
ZONING AMENDMENT
GREENWOOD ST
RZ-14-011
WAREHOUSE ELEVATIONS
California
Trail
Middle
ALDEN
CT
PFLUMM RD
De Soto
Lenexa
138TH TER
Lenexa
!7
10
!
69
£
¤
§
¦
¨
435
Overland
Park
PL
138TH
13 8TH CT
35
§
¦
¨
56
£
¤
Overland
Park
Gardner
35
§
¦
¨
169
£
¤
Spring
Spring
Hill
Hill
MENARDS, INC.
User: gradyrm
Date: 02/04/2015
137TH
ST
!7
ACC!
10
E
SS RD
GALLERY ST
138TH PL
LLEN
CT
500
Feet
MULLEN S
T
ST
250
HAGAN ST
F
UF
AC
ST
0
MU
13
8T
HS
T
ST
ALDE N ST
N
NA
AN
SH
Ë
TER
8TH
13
136TH
ST
RZ-14-011
GREENWOOD
A CCESS RD
HALLET ST
ALDEN ST
GREENWOOD ST
135TH ST
HAUSER
ST
WIDMER ST
1 3 4 T H PL
Overland
Park
RZ-14-011
Ë
Date: 02/04/2015
User: gradyrm
MENARDS, INC.
ZONING AMENDMENT
GREENWOOD ST
RZ-14-011
PRELIMINARY SITE PLAN
Ë
Date: 02/04/2015
User: gradyrm
MENARDS, INC.
ZONING AMENDMENT
GREENWOOD ST
RZ-14-011
GRADING PLAN
Ë
Date: 02/04/2015
User: gradyrm
MENARDS, INC.
ZONING AMENDMENT
GREENWOOD ST
RZ-14-011
LANDSCAPE PLAN
Ë
Date: 02/04/2015
User: gradyrm
MENARDS, INC.
ZONING AMENDMENT
GREENWOOD ST
RZ-14-011
BUILDING ELEVATIONS
Ë
Date: 02/04/2015
User: gradyrm
MENARDS, INC.
ZONING AMENDMENT
GREENWOOD ST
RZ-14-011
WAREHOUSE ELEVATIONS
Ë
Date: 02/04/2015
User: gradyrm
MENARDS, INC.
ZONING AMENDMENT
GREENWOOD ST
RZ-14-011
LINE OF SIGHT
Ë
Date: 02/04/2015
User: gradyrm
MENARDS, INC.
ZONING AMENDMENT
GREENWOOD ST
RZ-14-011
LINE OF SIGHT
EAST
City of Olathe
City Planning Division
MINUTES – RZ-14-011
Planning Commission Meeting: February 9, 2015
Application:
RZ-14-011
Rezoning from C-2 district to C-3 district,
preliminary site development plan for Menards
Location:
Southeast corner of 135th Street and Greenwood Street
Owner:
McKee-Larson Family Group, c/o Robert Galamba, Colliers International
Applicant:
Menard, Inc., Tyler Edwards
Engineer:
Warger Associates, Steve Warger
Staff Contact:
Sean Pendley, Senior Planner
Site Area:
36.2± acres (total site)
18.3± acres (Menards site)
Proposed Use:
Retail/ Building Materials
and Outdoor Storage
Lots:
6
Plat:
Unplatted
Building Area:
172,740 sq. ft. (Menards retail)
46,780 sq. ft. (covered storage)
127,091 sq. ft. (future commercial)
1.
Comments:
This is the third meeting for the proposed rezoning from C-2 to C-3 district and a
preliminary site development plan for Menards. The Planning Commission held public
hearings on November 24, 2014 and January 12, 2015 and the Commission continued the
rezoning both times in order for the applicant to revise the site plan and building design to
meet requirements of the Unified Development Ordinance (UDO).
Since the last meeting, the applicant has made several revisions to the development plan
including:
 Relocated the detention basin to the west and incorporated a landscape berm
south of the outdoor storage area
 Shifted the warehouse building to the west to screen rear building elevation
 Improved the west building façade with raised parapets, additional brick and
windows
 Moved back the entry gate for outdoor storage area and reduced the fencing to
expose more of the west building facade
RZ-14-011 PC Minutes
February 9, 2015 PC Meeting
Page 1

Improved the east facade by including clear panels and bi-fold doors
With such a large commercial structure, outdoor storage area and warehouse building, the
proposed development presents a unique challenge for applying the new composite
building design standards. The rear of the main building (south elevation) and east
elevation still do not meet the composite design requirements for building materials and
articulation. The applicant is requesting exceptions for the composite standards on these
elevations due to the addition of a landscape berm, tree preservation and screening with
the warehouse building and fencing.
The revised plans address many of the previous comments regarding landscaping and
building design. However, staff is recommending additional improvements to the rear of
the main building to comply with the composite design standards. As stated previously,
this is a significant rezoning application that should include designs and materials that
meet the composite standards for all aspects of the development. Specific design
comments are included in the Building Design Standards section below.
2.
Plan Revisions:
a.
Access/Streets – As shown at the last meeting, Menards has removed the proposed
drive to 138th Street due to concerns from residents. Access drives from 135th
Street and Greenwood Street remain the same.
b.
Screening/Fencing – The plans were previously revised to show wood fencing with
brick columns around the outdoor storage area. The brick columns are consistent
with the brick accent columns on the building. The applicant has also indicated that
the fencing is treated wood and can be stained as needed for aesthetics.
In addition, the applicant has moved back the entry gate for the outdoor storage area
so this reduces the amount of fencing and exposes more of the west building façade
with improved materials and design.
c.
Line-of-Sight – Revised line-of-sight drawings show views of the development from
the south, west and the east. The drawings include the landscape berm, fencing and
warehouse building to show screening for the outdoor storage area.
The site will be graded so the building and warehouse sit at a higher elevation than
the existing grade. The finished floor elevation is approximately 6-13 feet higher than
the grade for 138th Street.
d.
Landscaping/Buffers – The detention basin has been moved to the west to
incorporate a landscape berm south of the outdoor storage area. The proposed 12’
berm includes a variety of evergreen and deciduous trees to provide an adequate
buffer for the residential area.
Additional trees will be required on the perimeter of the new detention basin to provide
extensive landscaping for dry detention areas per UDO requirements. Trees cannot
Page 2
be located within detention areas due to conflicts with stormwater requirements.
The landscape plan still shows preservation of existing trees along 138 th Street to
maintain a natural buffer on the south property line. The revised landscape plan
shows new trees on the east property line to replace existing trees that will be
removed. Retaining walls are identified on the south and east sides of the outdoor
storage area. The grading plan submitted with the final site plan needs to show the
correct location of existing trees and the retaining walls shall be located to provide
adequate planting area and save existing trees wherever possible.
e.
Stormwater/Detention – The proposed detention basin has been relocated to the
corner of 138th Street and Greenwood Street. This new location will require a
change to the future lot west of Menards and will result in a smaller building and
parking area. According to the applicant, the preliminary site plan does not show the
full extent of the new detention basin because the grading plan was revised after the
preliminary site plan was submitted.
A revised preliminary stormwater management study was submitted with the
changes to the site plan. The study recommends native vegetation with extended dry
detention basins to meet water quality requirements. A final stormwater study is
required with the final development plan.
The drainage plans will need to be revised to label water quality BMP areas and the
grading plans need to identify retaining wall elevations.
The proposed development is subject to Title 17 requirements as they relate to
stormwater quality and detention. Stormwater detention shall be designed to control
the one (1) year design storm to 75 percent of the existing condition and the ten (10)
year design storm to existing conditions.
3.
Site Design Standards:
The subject property is located in a Commercial Corridor area and the applicable
composite design standards are Site Design Category 4 (UDO 18.15.120) and Building
Design Category D (UDO 18.15.040). The proposed site plan meets the requirements
for Site Design Category 4.
4.
Building Design Standards:
The applicant previously submitted a revised compliance letter to address the specific
composite standards (attached). The following is a summary of building design
requirements, proposed changes and outstanding issues.
Page 3
Composite Building
Design (Category D)
Proposed Design
Horizontal Articulation
Projections with covered walkway along store front, large
awnings with brick columns. Meets requirements
Vertical Articulation
Roof parapets with variation of 2-4 feet above roofline,
vertical brick columns on front of building and added raised
parapets on west elevation. South elevation (rear of
building) does not meet composite design
requirements for vertical articulation.
Focal Point Elements
Pitched roof over main entrance, secondary focal points at
exit door and garden center. Raised height of roof parapet
at main entrance to match height of parapets at corners of
building. Meets requirements
Façade Expression
Storefront glass on primary façade, additional spandrel
glass windows on west elevation, foundation landscaping,
covered walkway with benches. Meets requirements
Building Materials
Primary Façades:
-
North (front) elevation meets Category 1 building
materials (90%)
-
West elevation meets Category 1 materials (
59.7%), horizontal & vertical change in materials
provided
-
South elevation does not meet Category 1
materials (2.3%), added clear panels and bi-fold
doors to improve appearance
Secondary Façade:
East elevation does not meet Category 1 materials (4.6%
)
Warehouse Building (accessory building)
-
Replaced the block with precast concrete to
match the main building materials (50.5%)
a.
Horizontal Articulation – The proposed building design includes a covered walkway
with awnings and brick columns on the primary façade. The roof overhang extends 18
feet from the front of store.
b.
Vertical Articulation – The primary facades include roof parapets that range from 2-4
feet above the roofline. There are several brick columns that extend the full height of
the building. The applicant has revised the west elevation to include additional raised
parapets with brick columns.
Page 4
The south elevation does not include any change in building materials or parapets.
Staff recommends including raised parapets with brick columns to be consistent with
the front and west side elevation. This is considered a primary elevation since it is
facing or visible from public streets. The applicant is requesting an exception to this
requirement due to screening with the landscape berm and warehouse building.
c.
Focal Point Element – There is a pitched roof over the main entrance with brick
columns and arched windows. The applicant also raised the height of the roof parapet
at the main entrance to provide more of a focal element and to match the height of the
parapets at the ends of the building.
d.
Façade Expression Tools – The proposed building includes storefront glass,
foundation landscaping and benches at the front of the building.
Category D design standards require transparent glass on a minimum of 25 percent of
primary facades. The proposed design includes on 16.7 percent glass on the store
front. The revised elevation includes additional spandrel glass windows on the west
elevation.
e.
Building Materials – The proposed building consists of the following materials:
Category 1
Category 2
Requirement
(Category 1 / 2)
North Façade (Primary)
Brick/Glass (
90%)
Precast Panels/
Block (1.7%)
70% / 30%
West Façade (Primary)
Brick/Glass (
59.7%)
Precast Panels/
Block (36.9%)
70% / 30%
*(50% / 50%)
South Façade (Primary)
Brick/Glass (
2.3%)
Precast
Panels/Block (
40.5%)
70% / 30%
East Façade (Secondary)
Brick/Glass (
4.6%)
Precast
Panels/Block (
0%)
60% / 40%
* Exception allowed for reducing Category 1 material from 70% to 50% if horizontal
and vertical change in materials provided.
North Elevation
The front elevation meets the requirements for Category 1 building materials on
primary facades (90%). There are lighter color brick columns that extend the full
length of the façade.
West Elevation
The building materials on the west side have been revised to show real brick as
Page 5
opposed to concrete precast with brick imprint and plain concrete precast. The
elevation shows real brick for the portion of the building in front of the gate canopy.
The portion of the building behind the fenced area consists of precast concrete with
brick imprint. The West elevation meets Category 1 materials requirements.
South Elevation
The rear elevation faces 138th Street and is considered a primary façade. This
elevation does not meet the Category 1 building material requirements (2.3%). The
applicant is requesting exceptions to the building materials since the majority of the
sides and rear of the building will be surrounded by the fence, warehouse building
and landscape berm. Staff recommends the use of raised parapets with brick
columns to comply with composite design requirements. The downspouts have
been enclosed with the revised building elevations.
Warehouse Building
The applicant has revised the south wall for the outdoor storage building to include a
combination of brick and precast concrete to meet the Category 1 building materials
requirement of 50 percent.
East Elevation
The east side of the building includes the lawn and garden center which has an
overhang that extends approximately 70 feet from the main building line. The
building materials do not meet the Category 1 requirements for secondary facades.
However, the applicant has revised this side of the building to include clear panels
and bi-fold doors to replace the open hangar. The clear panels and doors are not
considered Category 1 materials but this is a substantial improvement to the
appearance. The applicant is requesting an exception to the building material
requirement since this side of the building will not be visible to the public outside the
building. A new line-of-sight drawing has been submitted for the East elevation to
show the view with the proposed fencing and addition of clear panels.
5.
Staff Recommendation:
The applicant has made several improvements to the site and building design but
certain areas of the building do not meet the UDO composite design standards. As
noted, this is a significant rezoning request that proposes an intense commercial
use with outside activities in an area near single family homes. The Planning staff
believes all the composite standards need to be met. The building design and
materials could be improved as described in this report and as stipulated below.
A.
Staff recommends approval of RZ-14-011, as revised, for the following reasons:
(1)
The proposed development complies with the Goals, Objectives and Policies
of the Comprehensive Plan.
Page 6
(2)
B.
C.
The rezoning to C-3 district meets the Unified Development Ordinance
(UDO) criteria for considering zoning applications. See the November 24,
2014 staff report for analysis of the rezoning criteria.
Staff recommends approval of RZ-14-011, as revised, with the following stipulations
to be included in the zoning ordinance:
(1)
The rezoning to C-3 district shall include only the Menards property (18.34±
acres). A new legal description for the rezoning boundary shall be submitted
to staff prior to approval by the Governing Body.
(2)
All public street improvements for 135th Street and Greenwood Street shall be
provided as identified on the preliminary site plan and as required by the City
Traffic Engineer.
(3)
The final site development plan shall follow the general layout and design of
the preliminary site development plan dated January 27, 2015.
(4)
The proposed development shall comply with requirements for composite
design standards for Building Design Category D (UDO 18.15.040).
(5)
Final plat(s) shall be approved and recorded prior to building permit.
Staff recommends approval of the preliminary development plan with the following
stipulations to be completed with the final site development plan.
(1)
Additional trees are required on the perimeter of the detention basin to provide
extensive landscaping for dry detention areas in public view per UDO
18.30.210 D.
(2)
The grading plan shall identify existing trees on the east and south property
lines and the retaining walls shall be located to avoid conflicts with existing
and proposed trees.
(3)
The drainage plans shall label water quality BMP areas and grading plans
shall identify retaining wall elevations.
(4)
The proposed development is subject to Title 17 requirements as they relate
to stormwater quality and detention.
(5)
Stormwater detention shall be designed to control the one (1) year design
storm to 75 percent of the existing condition and the ten (10) year design
storm to existing conditions.
(6)
The wood fencing shall be stained to be compatible with the building and
maintained as needed.
(7)
A utility plan and truck templates are required for the outdoor storage area.
Page 7
(8)
The building design and materials shall meet or exceed the Building Design
Category D standards in the following suggested techniques:
a. The South building elevation shall include raised parapets with brick
columns to comply with vertical articulation requirements.
b. The South elevation shall include vertical change of building materials to
comply with the menu of mixed building materials for Category D.
c. Building material samples shall be submitted with the final site
development plan.
(9)
Wall signs shall be allowed as identified on the signage plan or as required by
UDO 18.50.190. Separate sign permits shall be approved for wall and
monument signs.
(10)
A parking lot lighting plan, in accordance with UDO requirements, shall be
submitted and approved with the final site development plan. Details shall be
provided for the height and type of all wall mounted and ground mounted light
fixtures.
(11)
As required by the UDO, all exterior ground or building mounted equipment,
including but not limited to mechanical equipment, utility meter banks and
coolers, shall be screened from public view with landscaping or an
architectural treatment compatible with the building architecture.
Chairman Campbell: This is not our first rodeo. Since that’s the case, we’ll ask the applicant to
come forward and tell us where we are. We know where we’ve been, but tell us what has
changed on this.
Tyler Edwards, 5101 Menard Drive, Eau Claire, WI, Applicant’s Representative, appeared before
the Planning Commission and made the following comments:
Mr. Edwards: Good evening. You guys have seen the new plans. We’ve come a long way, even
farther than from the first time we submitted it to staff. We have coveted a recommendation of
approval from staff, which we’re pretty excited about. There’s probably only one real issue in that
report, which comes down to the south elevation. As you know, the back of the warehouse we’ve
made meets the code. It has 50 percent Class 1 materials. Because you can’t even see the
back of the store, it wouldn’t make sense for us to put brick in the bathrooms for you, and it
wouldn’t make sense for us to put brick on the back of the store where you can’t see it. So,
we’ve substituted to the back of the warehouse. The staff report didn’t exactly reflect that to the
degree we want it to and say, you know, three sides look good. Of course, the east side, that’s
an overhang. I think we worked that out with the overhead doors, at least with staff, to get to the
recommendation. Because there’s no real wall to build anything on there, so we did the next best
thing by putting in the overhead hangar doors.
I did bring material samples today, as requested. [Talking about sample boards, off microphone.
Passing around samples.] So, what we’re asking for tonight is just a substitution of that last little
two columns and parapet on the back of the store by the loading dock, or what we’ve put on the
back of the warehouse. We think that was a great compromise, a great way to [inaudible].
Page 8
Comm. Freeman: Where was this? I missed the explanation.
Mr. Edwards: That’s the buff [inaudible] panels that’s on the back of the warehouse, above the
brick. It’s on the back, by the loading dock.
The recommendation we’re asking for is approval of the plans, as presented. Of course, I’m here
for questions. I can tell you where we came from, what was done, give you more details. We’ve
added quite a bit, and we’re excited.
Chairman Campbell: Thank you. Any questions?
Comm. Harrelson: I have one. Item 8, there seems to be a little bit left open: The building design
and materials shall meet or exceed the Building Design Category D standards in the following
suggested techniques.” What discussions have you had with us regarding those changes?
Apparently they are not incorporated into this plan.
Mr. Edwards: The south building elevation, that’s what we just talked about. The raise parapets
with the brick columns. Even looking at the line of sight drawings, you can’t see that. You can’t
see the back where that would go. According to the code, that’s really the back of the building,
and that would be the elevation. The warehouse does not qualify as the actual back of the
building, but, because that’s what you can see from both the houses, 138th and the public view,
we put everything that would meet the code requirements on the back of the warehouse.
Comm. Harrelson: You realize if we approve this, you’re going to have to meet or exceed that
standard, though.
Mr. Edwards: That’s why I just asked for approval of the plans as presented, not as stated here
in the staff report.
Chairman Campbell: Thank you very much. Can I hear from staff at this point?
[Sean Pendley made his presentation of the staff report.]
Chairman Campbell: Thank you, Sean. Any questions of staff?
Comm. Nelson: Could you put the site plan again? I’m particularly interested in seeing the
warehouse compared to the rest of the building. I’m concerned about visibility from the road to
outside the ends of the warehouse. So, if you’re driving east and west there, as you’re
approaching, once you’re behind the warehouse, the warehouse looks great. But, as you’re
approaching it, you can still see the south side of that building from east and west approaches.
I’m trying to figure elevation and stuff as far a road height to that. I can’t really put that on the site,
in my mind. Do you have any perspective on - ?
Mr. Pendley: That’s a good question. That would probably be another reason why staff felt that it
would be important. I think we may be thinking about a line of site like this, from the corner of 138
th and Greenwood to the back of the building.
Comm. Nelson: Right.
Page 9
Mr. Pendley: That area would be exposed. I don’t know what the grades are here, the existing
street grades, but I do know the finished floor elevation of the Menards building site will be
anywhere from 10 to 12 feet higher than the street grade of 138th. So, this site is going to be
elevated. So, the applicant has indicated that from various points along 138th Street, that back of
the building will not be visible. That’s because of a combination of things. One, the fence –
basically, this entire area around the outdoor storage. So, you’ve got the 14-foot-tall fence. Then,
you’ll have trees around that, and then, a little bit of continuation of the berm. Will there still be an
area that may be exposed? Possibly. But, this is another thing I didn’t mention, but we stipulated
in the report: Staff is recommending additional trees to screen the detention basin, and that may
potentially help screen. Because they need trees around the perimeter of the basin. That’s an
ordinance requirement. I don’t think they’d object to that. That would be a final development plan
stipulation. But, again, those things could help. I don’t know the exact grade. We’ve never gotten
that site line specifically from the intersection, but you’re right; there is still a possibility that part
of that building is visible.
Comm. Freeman: Just to confirm, the height of the fence has not changed. We’re still looking at
a 14 foot high fence?
Mr. Pendley: Correct.
Comm. Freeman: Okay. One thing that’s important to me, with the moving of the entire property
back to the west, are there any considerations as far as sound affecting the homes behind that?
I know that was an issue that was brought up previously. Is there any reduced effect of that with
new design?
Mr. Pendley: I wouldn’t image any change because now, you actually just have a landscape
berm. So, with the berm there, that might have some potential impact on the noise, but I don’t
think so. It will help with visibility. I don’t know of any other changes. This openness with the
detention basin here, I don’t know if that would have an impact. I couldn’t answer that. But, from a
visibility standpoint, this will have an effect for the majority of residential properties to the south.
This new design with saving these trees, adding the berm, will help screening of that residential
area.
Chairman Campbell: Any other questions? Mr. Rinke.
Comm. Rinke: Sean, could you put up the picture of the garden area? If you looked further south
– There, it’s open. How is it going to be on this proposal?
Mr. Pendley: It will still be open. That’s more of your interior. So, this is the front of the store; this
is back towards the middle of the lawn and garden area, on the interior. So, we’re inside this
particular site, looking towards the building. So, the actual building wall is recessed, I think about
90 feet back inside this open covered storage area.
Comm. Rinke: But was there consideration to have them put the doors all the way?
Mr. Pendley: We didn’t specifically mention that because, I guess staff felt that in this particular
area, you won’t really see that from the outside. Part of the reason why the applicant changed
their plan – We talked about this at the last meeting. Previously, they were going to extend a
separate street all the way from 135th down to 138th. That was under the previous design. The
Page 10
applicant revised this plan to remove that street, for a couple of reasons. One, they didn’t want
that additional visibility, because we did note that at that time. We’re going to have a street
through here, we’re going to have more visibility, we want better design on this east elevation.
Part of the reason they removed that drive was for that. But, the main reason was for the
neighborhood. If you’ll recall, there were some concerns from the residents for this new street to
be connected from 138th. So, the applicant removed that street. So, by removing that street, we
felt like this part of the open outdoor storage area we wouldn’t really probably see from outside
the site, so we didn’t really request that of the applicant.
Comm. Rinke: Seems like you’d have the same issue for cars that are traveling west on 138th
Street there, that they would see that.
Mr. Pendley: If these existing trees are removed, you’re right. That’s possible. There is a pretty
good stand of existing trees. That’s part of the reason why we talked with the applicant about
shifting that entire building over about another 10 or 15 feet west. You’re right. If those trees are
removed, yeah, you could plant new trees in there, but it would take 10 or 20 years for it to
provide any screening back there. You’re right. It could open up the site for some visibility.
Comm. Rinke: Is there a stipulation that they can’t remove those trees? How do we deal with
that?
Mr. Pendley: The stipulation is for the final site development plan. We note that the grading plan
shall identify existing trees on the east and south property lines, retaining walls located to avoid
conflicts with existing and proposed trees. That’s pretty open-ended. We don’t specifically say no
trees shall be removed on the east property line. The applicant has indicated that they can
accommodate that request, that they can move this building over. That’s something we may
want to specify and, if this is approved, stipulate that these trees here be saved, if that’s going to
be a concern.
Comm. Harrelson: A couple things I noticed on the previous report. I was curious what was
going to happen with the wood fence. The report previously stated that the wood fence was a
Category 2 material. That was not acceptable, and we recommended Category 1 materials.
Now, although they’ve upgraded the columns, to me, the wood is still there. The same wood
fence. Correct?
Mr. Pendley: Correct.
Comm. Harrelson: Okay. So, I’m curious as to why we seem to have gone silent on this report.
We did get some improvement, admittedly, but it looks to me as if, if that first report was correct,
we still have Category 2 materials, and we really want Category 1.
Another point of emphasis, I guess, more than anything. I look on the grading plan, and I’m
curious if we can even stack dirt 12 feet high and – ? Because it’s really almost one-to-one slope
back there in the back. And I recall, when I asked about that, the comment was that the
maximum slope they could get there was only a two-foot berm. Now we have a 12-foot berm,
and I look on the civil plans and I see that the civil engineer has not revised the grading plan. So,
I’m curious if the civil engineer believes that’s even possible without all the dirt ending up down in
that detention basin. So, it will be about as high as this ceiling, and almost a one-to-one slope.
It’s going to be really steep. I don’t even know how you hold the dirt on that, truthfully. So, sounds
like a good idea, but again, that’s not really been reflected on the grading plan or in the civil
Page 11
drawings that I can see. So, I don’t know if that’s been discussed. That’s awfully steep.
Mr. Pendley: Yeah, I don’t think we discussed that specifically, but we did note that we saw some
discrepancies between the grading plan and the revised site plan, and the applicants indicated
they were working on those revisions. I don’t know to what extent what changes at that particular
location, but we did note that. That would be a question for the applicant to answer.
Chairman Campbell: Anything else? Thank you. This is a public hearing, and we’ll go ahead and
hear from the public, and then ask Tyler to come back and address these issues that have come
up. Is there anyone else wishing to speak in favor of this item? I have two people signed up to
speak in opposition. We’ll start with those. Cindy Nelson?
[Speaks off microphone, inaudible.]
Chairman Campbell: That’s fine. Come forward and state your name and address for the record,
please. Welcome back.
Justin Morasch, 13840 South Hallet Street, appeared before the Planning Commission and
made the following comments:
Mr. Morasch: I guess my concerns are not really with the idea of the area being developed as Mr.
Almeida fervently said in our first appearance here, but really with what we’re putting here.
Basically, you’re talking about building an active lumber yard in our back yard. Now, it’s going to
be scooted closer to our back yard. So, I have some curious concerns with things like noise, and
then, the idea of a 12-foot landscaped – landscaped, admittedly – but a wall across 138th Street.
Like, you’re building this big behemoth, potentially loud structure, right in our back yard. So, the
idea of the moving trucks, the delivery trucks, you know, construction workers like to get started
earlier. There’s potentially going to be some early-morning noise. How does all that get
enforced?
Again, we have traffic concerns. And then, I was looking through this new deal, and I don’t really
know what all these percents mean, but I see stuff that says, like, 70/30, and then I see 2.3, and
40, etc. I’m no expert, so I can’t tell you what any of that means, but it just looks to me like we’re
falling short on things. Also, based on your comments, like, that view from 138th Street coming
east and west, that’s important, because anybody that comes to buy our houses in the future or
visit us while we live there, they have to pass one of those two ways to get to Greenwood and
come into our neighborhood. So, that’s going to be a very important visibility issue for anybody
that lives or wishes to sell a home in that neighborhood.
Also, that back wall, that whole general area, the fence, again, the wood, the stain – It’s going to
be tough to maintain, and I do question just how actively it would be maintained. I don’t doubt that
Menards is going to want to maintain it. That’s visibility. That’s their product out there. But, the
wood just doesn’t seem very substantial to me. Also, I would expect that maybe a more
substantial building material might help with the noise that I have a general concern about. So,
again, I understand that the land is going to be filled with something, and that Olathe wants to get
something there that’s going to generate revenue and revenue for the city, as well. I just question
whether a lumberyard in our back yard is really the way to go with that.
Page 12
Comm. Fry: I have kind of an overview question. I left the last meeting feeling that there has to be
more traffic going in and out of Walmart, with big trucks, cars, and volume, than there will be out
of this structure. I wonder how, as a neighbor of that area right there, that affects you. If you hear
that, you see that - ? I’m interested, if those neighbors were here, what they would say about that
traffic noise, the big trucks, and all that sort of stuff.
Mr. Morasch: Walmart is kind of on the other side by Black Bob, so we really don’t see a lot of
their truck traffic through where I live near Greenwood and that area right there. What we do see
a lot of is, like Groendyke. One of my concerns about having more trucks of that size is, these
guys are moving loads, and they’re trying to keep timetables. I see my neighbors have tons of
kids that run around like free-range kids – I saw an article about that the other day; somebody
called them that. The kids in our neighborhood are like free-range kids, and they go play on that
hill right there on 138th Street. And they will walk to Academy Sports and stuff. So, the traffic on
138th Street could become a very real problem for the families of our neighborhood. But, on top
of that, it’s not so much the commercial trucks I worry about, because, really, with all the
standards they have for emissions and stuff, semis aren’t that loud until they start backing up.
That’s my concern. Mostly the loading, the beeping, the forklifts – Everything that’s going to be
happening in the yard is more my noise concern, to be honest, than it is the traffic on 138th.
Traffic on 138th is more of a safety/capacity concern on a two-way road that we’re trying to use
for residential, which could potentially become more congestion for commercial.
Comm. Fry: Okay.
Chairman Campbell: Anything else? Justin, thank you. Cindy, you’re up now.
Cindy Nelson, 14161 West 138th Terrace, appeared before the Planning Commission and made
the following comments:
Ms. Nelson: I live on the corner of 138th Terrace and Greenwood, so I’ll be on the south side of
the Menards proposal. When this all started and we started working with Tyler, I asked about the
property on the other side of 135th and Greenwood.
There’s a lot of vacant property there, and I was told that’s a watershed area, for water fowl, or
something similar. So, I didn’t pursue that conversation much further. Then, at the last meeting
we had here, a couple of you asked him about how much they’ve looked at other areas in Olathe,
that there are quite a few properties on 119th Street that are available and don’t abut residential
neighborhoods to the extent that this does. Well, since then, I’ve noticed that there’s 37.5 acres
up for sale on the north side of 135th Street, and it’s not along Greenwood where the watershed
is – By the way, someone has broken ground there as I drove by tonight, so it must not be that
big of a problem. But this is right next to the electric company facilities, almost directly across
from Academy Sports. There are no residential areas over there at all. So, all this talk about
12-foot berms, 14-foot fences, the sight line of the building, etc., would be moot if that site were
picked. So, I’m here to respectfully request that the rezoning not be approved. We bought our
homes based on that being zoned retail. We’ve always known retail was going in. This does not
qualify for retail. So, please don’t approve it. I think there are plenty other areas where Menards
can go and be very successful in Olathe. Thank you.
Page 13
Ms. Nelson: Oh, and to answer your question, the Walmart trucks, I see them go out 138th down
by the post office, and then turn on Black Bob. I don’t see them come our way. We get the
gasoline/oil trucks.
Chairman Campbell: Thank you. Anyone else wishing to speak in opposition?
Pat O’Connor, 14164 West 138th Place, appeared before the Planning Commission and made
the following comments:
Mr. O’Connor: To start with, I wanted to answer your question. A couple meetings ago, we did
have a resident, I think it’s called Bradford Gardens or something, just to the west of us. They did
talk about the beeping, the noises, the trucks going into Walmart. So, they hear that in their
neighborhood.
So, you talk about the improvements of the looks on the east side of the building. Thank you for
making that side of the building look a whole lot better. You talked about improving the looks on
the west side of the building. An empty lot and Academy thank you for making that site better.
But, how about us on the south side? What are they doing for us? Building a 12-foot mound of
dirt, maybe? What I’ve heard here a lot is, “Well, I don’t know,” and “Maybe.” It’s not built on “I
don’t knows” and “Maybes.” So, we need to figure out what’s going to be done. I’ve been to every
meeting – the two homeowner meetings and three here – and Menards’ representative will tell us
one thing, and tell you guys something else. At the second homeowners’ meeting, I asked them,
because you guys told him he had to exceed the expectations. So, I asked him at our meeting,
“Are you exceeding them?” And he told me, “Yes.” We came here a month ago, and where was
he? “Well, I tried to get hold of so-and-so but I couldn’t because of the holiday.” So, if he’s telling
you things now, what’s really going to happen? I’m right along with Cindy – Vote no, please.
Chairman Campbell: Thank you. Any questions? Thank you. Who else?
Virginia Clark, 13822 South Hagen, appeared before the Planning Commission and made the
following comments:
Ms. Clark: I do live in Bradford Trails, which is directly behind Academy and, for all intents and
purposes, Walmart. We don’t see the trucks come in and out except like what they said. They
come in and out Black Bob along 138th Street. Walmart has that back entrance. The trucks
come in and out. I think they have noise ordinance times, that they can’t come in after ten
o’clock, or something. But we don’t hear them where we live. Same thing with Academy. We
rarely see a truck in and out of the back of there. Again, it’s the gas trucks. But I did see on these
plans – And the biggest concern that I have is the increased traffic on 138th, and also – Is it
Greenwood that runs north and south through that - ? There is a large uptick in traffic since
Academy has gone in there. People that come across on 143rd Street going north and south on
Greenwood, people that cut across on 138th in front of the post office to come over to Pflumm.
On this plan, there does not appear to be a left turn lane from 138th Street onto Greenwood at
Academy. And while it is 35 miles per hour through there, individuals are going more than the 35
miles per hour. That is by far my biggest concern about that, is that we’re waiting on traffic to
make left and right turns in and out of our neighborhoods along 138th, and that just seems like
Page 14
that’s going to grow when you put that much retail in there. So, again, my biggest concern is the
138th traffic, people cutting through from Black Bob to Pflumm, Greenwood, etc. Thank you.
Chairman Campbell: Thank you. Any questions? Is there anyone else?
Heather Schoonover, 13805 South Mullin Street, appeared before the Planning Commission and
made the following comments:
Ms. Schoonover: I wasn’t planning on speaking, but I feel like I need to share my thoughts tonight.
I want you to take careful consideration for our youth and the families who come to that area. The
light at 135th and Greenwood, I do not know the statistics, but please look at the traffic accidents
in that area. My family was hit by a semi at that intersection. Two weeks ago, Academy Sports
had a Royals signing and there was increased traffic. So, if you have Menards and they have a
grand opening, there is going to be increased traffic. The amount of missed accidents is
increasing. Please also take careful consideration to Pflumm and 138th. I know that’s abutting up
to Overland Park, but there is not a light there, and there could be increased traffic and accidents
in that area, as well. Thank you.
Chairman Campbell: Thank you. Mr. Felter, come forward.
Dave Felter, 14146 West 139th Street, appeared before the Planning Commission and made the
following comments:
Mr. Felter: My only concern is about the rezoning. Again, like my neighbors have all stated, we
understand commercial is coming. To me, this seems to be light industrial with the warehouse
and the lumberyard. I’m a little concerned about that. Light industrial can have an effect on our
residential property values going forward. I can’t speak to traffic because I live three or four
blocks in, so I won’t be looking at it. I trust my neighbors to look at it. The concern I have is for the
property values when you’re talking light industrial. That’s all I have to say.
Chairman Campbell: Thank you. Any questions? Thank you. Is there anyone else wishing to
speak tonight? Okay, hearing none, we’re going to bring it back. Before we have anyone else
address, we heard several traffic issues. Can we hear from our traffic department about 138th
Street, what it’s design is, the capacity, etc.?
Linda Voss, Senior Traffic Engineer, City of Olathe, appeared before the Planning Commission
and made the following comments:
Ms. Voss: That street, 138th Street, is classified as an arterial. It carries 4,000 to 5,000 cars a
day. Crashes at 138th and Greenwood are not as good as I’d like. Crashes at 138th and Alden
are very low, and crashes at 138th and – there’s actually two Greenwoods – are pretty low. At
138th and Pflumm, we did look at that about a year ago and decided that, at this point in time, we
were not going to put a traffic signal there. It’s not a high crash area. With 138th and Greenwood,
it has crashes. I wouldn’t say it’s in the top 10 or 20, or anything like that. From a traffic point of
view, it carries 4,000 to 5,000. It is an arterial. Arterial that are three lanes can carry 10,000 to
12,000 cars a day. So, 4,000 to 5,000 is pretty high, but considering it’s an arterial, it could be a
lot higher.
Page 15
Chairman Campbell: Compare that to 135th. What is 135th designed to carry?
Ms. Voss: That is a major arterial, four lanes plus left turn lanes. Probably carrying 25,000 - ?
Chairman Campbell: So, five times more than what 138th is.
Ms. Voss: Yeah. I don’t think I have that written down anywhere, but yeah, it’s probably in the
25,000 range.
Chairman Campbell: Just for edification purposes, tell us how traffic and development normally
run hand in hand. If Traffic expects a developer to increase traffic significantly, we have several
tools in our tool belt, including having them run a specific traffic study, and have them do offsite
improvements - ? Can you elaborate about how that happens?
Ms. Voss: They do what’s called a traffic impact study, a traffic impact analysis. You hear the
term TIA. They did do a TIA, and what you look at is what you have today, what they’re going to
generate, what you’re going to have in the future. They also looked at the area around Academy
Sports because that’s not totally built out. So, you’re basically looking at what’s happened today,
what’s going to happen in the future, and what do you need to do to mitigate those things. There
are several things that will be done as part of this project, and then, there are two other
developers that are also making improvements to this intersection. When Menards goes in, the
access point that they have to the east will have a right turn lane. They will also build an
additional northbound lane at 135th and Greenwood. They will also extend the westbound left
turn lane to provide more capacity. And then, the City has a project in conjunction with Academy
to put an eastbound right turn lane at 135th and Greenwood. Then, you can imagine making the
southbound right turn into their development. Then, at some point in time, the people to the north
will put a westbound right turn lane. So, there’s really three developments that are making
improvements to this intersection to mitigate the extra traffic that will be coming from those
developments.
Chairman Campbell: So, no matter what goes in here, whether it’s another retail development,
some sort of traffic improvements will be happening at this intersection?
Ms. Voss: Definitely.
Chairman Campbell: Any questions of Traffic?
Comm. Nelson: I think one of the concerns is that, since the exit takes them out to Greenwood,
anyone going south is going to head down to 138th and head south on Pflumm. I think that’s
where the highest traffic impact is going to happen, most likely. Is there anything to deter south
traffic out of the parking lot onto Greenwood? Is there any way to direct that more towards the
main arterial road instead of the 138th Street?
Ms. Voss: You could say that you’ve sort of done that by taking out the access road that was
there. But not really. I mean, if you’re a driver and you want to go to Pflumm and go southbound,
that’s probably the way you would go. If you’re a driver and you wanted to go to Pflumm and turn
left, you wouldn’t do that. But, if you were southbound, yeah, you could easily come out of there,
over to 138th, and turn south. And while I certainly understand the concerns of the residents, it is
Page 16
an arterial street.
Chairman Campbell: Thank you. Any other questions for Traffic?
Comm. Fry: I have a general question for the applicant in regards to the other two applications
that were pulled in the surrounding communities of Merriam and Shawnee. Can you give me a
little background on what happened with those?
Mr. Edwards: Yes. The other applications, the Shawnee one is a ghost project. Menards never
worked on that, never had it under contract. The media just heard we were even talking to
somebody about it, and all of a sudden, it blew up. So, that wasn’t even a project that we were
doing. The Merriam one was a redevelopment project that we tried to tackle. There are severe
grade changes from east to west of 20 feet, north to south 20-plus to feet. There wasn’t enough
room. And the cost grew so exponential, you know, six or seven times what any other normal
store should be, so we decided that was not the route to take for us.
Comm. Rinke: What about Overland Park?
Mr. Edwards: Are you talking about half a mile down - ?
Comm. Rinke: I think it was kind of catty-corner....?
Mr. Edwards: There were development challenges to that. There wasn’t as much room. We also
ran into some design problems with that, and eventually, without getting much forward motion
from the City, we just had to cut our losses.
Comm. Rinke: How many acres was that site?
Mr. Edwards: I don’t remember, sir. That was not my project. There were roads and existing
infrastructure in there. You don’t tear up a road if you can try and keep it. We tried to keep it, and
again, costs were getting too high. Couldn’t get anything through with the City, and we walked
away. On the rest of the list, you know, looking at the store from 138th, there’s anywhere from
five or six feet, all the way to 15 feet of elevation change just to the finish floor. Plus the
warehouse. And the fence on the side. So, there is very little chance, I think, on the site plans.
We even showed a person standing on 138th Street. You can’t see over the warehouse, you
can’t see over the fence, and that’s pretty apparent on our sight lines.
Sean had mentioned the trees on the east side of the property line. We did do some shifting
around just based on grading, and we are willing to shift the site back west a little bit to save
those existing trees, as they requested. The wood fence was brought again. I think Sean was the
one who told me a City staff member saw our Menards store in Omaha, the pictures you saw,
and said it looked pretty nice. It looked good. Wood is always refinishable and repairable, and I
think I submitted some information as to why we use wood in the first place – Because it is
durable, we have pallets going in and out of there, it’s easy to take hits, and we replace it. And
you can refinish it if you need to. There’s no Menards that doesn’t have a wood fence.
The grading plan slope, there is room for a 3-to-1 slope back there. There’s over 60 feet; you can
definitely fit a 3-to-1 slope in 60 feet with a 12-foot berm. If you doubt me, you can look at our
engineering plans when they come in.
Page 17
Truck noise. Yes, we do have five to eight delivery trucks a day. That’s a lot less than a Walmart
or Target has, and yes, it may take them 30 seconds to back up, and the may beep during that
time. But that’s no different than a fire truck driving by on 135th, or on Pflumm, or a car beeping
its horn. That’s a minor disturbance in the noise, even if you could hear that over the warehouse
fence.
There’s also no back entrance to Menards on 138th. There’s a Greenwood entrance, but all the
major truck traffic and a lot of our car traffic is using Greenwood and 135th. That’s what that’s
there for.
Our storage yard is not a lumberyard like we’re building stuff back there, or we’re banging boards
around. It’s a storage yard. Trucks come in, they unload stuff, people buy it, they take it out. It’s
like a big aisle in the store, but it’s outside. That’s just because of the size of materials we have
over there is not an active industrial lumberyard. It doesn’t even make a lot of noise unless we’re
unloading a truck and someone drops a board. And we have agreed to the traffic improvements,
like staff said. The arterial street is designed to carry traffic [inaudible] impacts.
Comm. Freeman: A question regarding noise. Is there time-of-day restrictions that are in place to
keep sound from not being apparent during times when families are most likely home?
Mr. Edwards: You can’t get into our lumberyard outside of business hours, so, you know, 6:30 in
the morning until 10:00 at night is the absolute maximum. Our trucks don’t show up, waiting at
the gate at 6:30 in the morning because there’s no one there to load them right away. They
usually come between 8:00 and 10:00 o’clock in the morning, but a majority of them come in the
afternoon because that’s when we unload all the stuff and get ready for the morning stockers for
the next day. So, a lot of that is afternoon truck traffic that would fit in with any normal traffic
noise.
Comm. Freeman: Another question. Are there any additional noise barriers that we should
expect? I know the berm isn’t as high as the fence. I’m not sure if that adds any additional
reduction of noise. Are there any changes to help provide confidence that noise is not going to be
a consistent issue for this instance?
Mr. Edwards: Yeah. The fence is 14 feet tall, and the racking inside of it is four feet wide. So,
essentially, you have a four-foot-wide, 14-foot-high wall in between you and the outside, which is
a great noise buffer. The warehouse is a significant building, over 20 feet tall, and it’s got a solid
masonry wall back. We have the berm, the trees. And there’s not a lot of noise outside of a
forklift that would really go on in the yard, and even those aren’t that frequent. We use some of
the energy efficient forklifts; sometimes we even use propane forklifts, which are super-quiet. So,
there’s not a lot of noise generated anyway. And then, you do have several hundred feet of
separation between our lumberyard and the actual homes, plus elevation differences. And
there’s no PA system or anything back there, so it’s not like there’s jingle music playing all day
long. It’s just quiet.
Comm. Freeman: “Quiet” might sound a little excessive, but I appreciate you addressing all
those different concerns, and I think time of day is going to be very important to the citizens. To
change gears, in regards to the rear of the building, what is the estimated cost to put up those
stone parapets in the back? Is it significant? Is it not that big of a deal? The second question is,
what about the clear panels and bi-fold doors? Seems like they might move us in a more
Page 18
cohesive direction. My concern around that, as I think may have been expressed earlier, is the
visibility of it from different languages. You know, different times of the years, trees are not going
to be as full. And also, long term, if there is another tenant of this building or owner of this
building, we want to make sure there’s not a need for significant changes to be able to have that
be a valuable property long term.
Mr. Edwards: I’ll do the second first. When we were looking at the picture of the side of the
building, there’s that open hole there. That’s not actually an open store; that’s actually covered
with the green metal. It’s similar to the fence that’s on the back of the rack, but inside the garden
center. We don’t put the clear panels on the back for the same reason we don’t put wrought iron
around the fence. It’s ugly to look into [inaudible]. So, that’s why we try to screen it, that’s why the
green steel is on the back. If someone is to repurpose this building – and we’ve done this with
some of our own stores – the pavement on the sides is great because you can add parking. You
can also tear down the overhang from what essentially is the garden center, that wall. No one
would really repurpose that; you’d probably just eliminate that.
The first question – the cost of the pillars on the back. I think staff will tell you, I have always said,
and even my boss, we have no problem fixing up what you can see. I think we’ve demonstrated
that we’ve done that on the front, the west side and the back. If you could see this and it was just
right out front and visible and not behind the warehouse, the fence, the berm and the elevation
change, we would agree to it. It wouldn’t be a cost thing, it would just make sense. Because you
can’t see it, that’s why we’re opposed to it. It’s not about the cost. You can’t see it, and spending
money on stuff you can’t see is a big deal, especially in our company, all the way up to the
president.
Chairman Campbell: Anything else?
Comm. Harrelson: I have one question for staff. This is a rezoning, so, to me, we’ve been
working on this particular project for some time. Tell us a little bit about what we might expect if
someone came in with a C-2 development proposal. This is currently zoned C-2, so, what type
of development would we see if one came in with a C-2 project?
Mr. Pendley: If it’s a C-2 use, it would be what is a permitted use under the C-2 Commercial
district, which is general retail, most likely. Once upon a time, there was an approved preliminary
development plan for this site. If I recall, it was very generic in nature, just showed a couple of
boxes. It was a multi-tenant building – I believe this goes back to the late 1980’s or early 1990’s –
that backed up all the way to the very back of that site, about in the area of this outdoor storage
area, maybe into the landscape buffer area. So, there was an approved preliminary development
plan. Most likely, anybody that comes in today will have something different than that, and we
want something different than that. So, we would most likely require a new preliminary site
development plan such as this. They may not need to rezone it, so we may not need to go
through a public hearing, but we they would have to come before the Planning Commission with
a new preliminary site plan. The final site plans are done administratively if they follow an
approved preliminary plan. Most likely anything that’s going to come in here today is going to be
different than what that original plan was. But, most likely, in terms of use, this is a commercial
corridor, the highest commercial corridor in the city in terms of use. But for C-2, they are limited.
There are permitted uses, and it’s generally retail, including big box.
Mr. Clements: It could include grocery stores, things similar to the Prairie Life Center, Walmart,
other things that you see in that corridor.
Page 19
Mr. Pendley: And with this one, the primary reason for the C-3 rezoning is for the outdoor
storage.
Chairman Campbell: Any more questions for Tyler? Thanks very much. I want to elaborate a little
bit more on that. This is a new UDO, and while we anticipated almost every use we could think
of, we never really thought about a combination retail/warehouse type building, which is what we
have. So, we’re trying to fit that in. Lowe’s currently is zoned C-2, correct? [No audible response
.] So, what is the difference here? They have outdoor. Walmart has some outdoor storage.
What’s the difference?
Mr. Clements: I think it’s the design, the configuration and the intensity of the use. Menards has
the racks on the back side of the wall, they’ve got the drive through shed/warehouse. It’s an
activity center. It’s a big part of their business. It’s a different business model than you see at
Lowe’s.
Chairman Campbell: Thank you. That was my take on it, as well.
Comm. Nelson: So, again, thinking through process, if this were to pass tonight and it goes
before the Council, and the Council moves it forward, there are quite a few question marks that
need to be ironed out. It’s rezoned from this point forward if it goes through us and Council, even
if the project does not go through, if those details can’t be ironed out post-Council meeting, is
that correct?
Mr. Pendley: This subject property for Menards, the roughly 18 acres, would be rezoned as C-3.
The rest would remain C-2.
Chairman Campbell: But there would not be a preliminary plan associated with that.
Comm. Nelson: Because we could rezone it tonight – or, technically, Council could rezone it –
and it stays that, even if Menards pulls away from the project.
Mr. Pendley: Yes. This property would remain rezoned. And you’re right. The remainder of the
site may require another revised preliminary site plan, depending who comes in, because those
pad sites and the other lots could change again.
Chairman Campbell: Anything else? All right. We’ve had the public comment for three meetings
now. Are there any questions of staff or comments of staff before I - ?
Comm. Fry: One more. The idea of the stipulation on the south elevations, Menards is claiming
that’s something that can’t be seen. On the staff report, it seems like that was something that
you showed could be seen. I want to clarify that, make sure that this is something that I
understand.
Mr. Pendley: I don’t know for a fact if it will be visible from the street. We just feel that it’s an
important enough issue where that part of the building – It’s technically a primary façade. So, we
break down our new composite standards on primary facades and secondary facades. Although
it’s the back of the building, it would normally be considered a secondary façade. But, because of
that part of the building, the back facing 138th, technically, it’s considered primary. Now, the
applicant is going to argue, of course, that because of the berm, the warehouse building, the
Page 20
fencing, it’s not going to be visible and they shouldn’t have to do it. So we’re saying, just for the
principle, this is the back, it may or may not be visible at any portion along 138th or Greenwood.
We acknowledge there’s a significant improvement on the buffer there. We just feel that it’s
important enough where that side of the building, especially the upper elevations, should have
those improvements.
Chairman Campbell: Let me re-clarify: Is it visible to the public?
Mr. Pendley: We’ve never been given a sight line from that corner.
Chairman Campbell: If I go in there to buy something, I go back there, I’m going to see that,
correct?
Mr. Clements: The definition of “primary façade” also includes a private drive or parking area that
serves customers. So, it technically is visible and it is a primary elevation. That’s why we believe
it’s important to have those.
Chairman Campbell: Okay. Thanks for that clarification. Anything else for staff? Is there a motion
to close the public hearing?
Motion by Commissioner Harrelson, seconded by Commissioner Nelson, to close the
public hearing.
Motion passed unanimously.
Chairman Campbell: I’m going to bring it back here for our internal discussions. I’m going to
start. I see that there are two issues here that we’re talking about, and one of the reasons we’ve
been delayed. Number one is, is this zoning change appropriate for the area? Is this C-3 an
acceptable move upward? That’s one issue. The second issue is, in order for that to happen, are
we following the design standards of the UDO? In both cases, I do not feel this has risen to the
level here that that has happened yet. We have C-2 back and forth, up and down along here.
We’ve told the applicant over, and over, and over, that in order to fulfill a rezoning request, we
would expect an exceeding of the design standards, and we’re still talking about two areas that
are still not exceeding those. So, I’m not convinced in my own mind that, number one, that the
C-3 is appropriate for long-term use, even though I do like it that we’ve gone to the 18 acres; and,
number two, we’ve not followed our design guidelines. Whether they’re right, wrong or indifferent,
I feel like we’ve been pulling teeth to get something done, and it’s just not there. I’m not ready to
support this tonight.
Comm. Nelson: I would just say that if it were to go forward, I would be adamant about the south
side being at the standards that we’ve asked for a primary façade. However, I’m very concerned
about the open-endedness of several things, and I’m very concerned about changing the zoning
for a project that we have so many questions about. The term that you used that I think is
important is the long-term aspect of this. So, we give an inch here and just say, “Okay, we’ll let
this for a minimal use be used for these types of vehicles and this type of traffic,” but it’s zoned
so that in the future, if Menards thrives here – which I’d love to see them thrive in Olathe – if they
thrive here and relocate to another place, growing because they’re doing so great, then we’ve got
the issue of a property that is zoned for a higher level of use. And we even just heard the
applicant mention that some of this stuff in the back, if it’s repurposed, it could be torn down. It
leaves more space for larger vehicles to go back there, more traffic, and I’m concerned about
Page 21
putting that zoning in this location for the long-term impact.
Comm. Freeman: I feel the same questions, except the largest item I have is that rear façade.
As far as moving to C-3 or not, I hope that if we worked all this time together that Menards would
move forward, and it would be a successful project, and it would be a fantastic store from a
business perspective, from an Olathe appearance perspective, and I think that’s a possibility.
From my perspective, I hope that does happen, but I would only be willing to move forward with
an approval, for myself, if the south side of the building is changed to meet those standards. As
we discussed a few minutes ago, it’s not necessarily a cost issue; it’s more a principal of, we
don’t think the public is going to see it. And, from our long-term vantage point of, say that rear
fence comes down, say that it’s repurposed for another use, even with Menards operating, it’s
important for us to have that look and consistency with the building, from my perspective. So, I
am very much hinging on the willingness to participate in that manner.
Comm. Fry: I’m reluctant in my decision tonight, and I’m reluctantly against this. I think Menards
in Olathe makes all the sense in the world. This should be a great community asset, a great
synergy between business and community. I think we have a lot to gain from what they bring. I
just am not sure about (a) the location; I just don’t think it is the right spot, for the reasons
mentioned previously. And I guess I look at the big picture and I think, Okay, they’re talking about
a two-story store in Merriam and they went down the road to do that, but they can’t exceed our
expectations on the design standards in Olathe. To me, it just doesn’t seem like it was in the
highest amount of faith to come back for the third time with what has come back. So, I’m
reluctant because I think it should work. I don’t think potentially it is the right spot. I don’t like the
fence in that spot. I’m sympathetic to the neighbors on that. I wish it could work.
Comm. Harrelson: First of all, the property, from what I can tell, is about 37 acres. So,
somewhere between now and when future development occurs, there’s going to be that level of
development – 37 acres. So, C-2, in my mind, is probably not any less intense. That’s my
opinion. I would guess the traffic difference is minimal, maybe even less because we did cut the
drive off to the south that dumped onto 138th. So, in my view, in terms of traffic, I think the
applicant has done a good job of trying to mitigate that. In that respect, I’m pleased that they
made the effort. By the way, I have to compliment Tyler. It sounds like we’re loading up on you a
little bit, but you’ve done a great job of trying to come in and sell something that I think was very
difficult, quite honestly.
I still look at the fence – and I know it’s been said a lot of times, but you should know our
opinions. To me, the fence really becomes the façade of the building. It is the outside of the
building. It’s such a significant feature, and we’ve made it clear that the wood was not the correct
category material. You dressed it up a little bit. I understand. But, from my view, number one, it’s
the façade of the building. Because it really is what we’re using as the thing that we’re looking at,
that we can’t see the rest of the building that doesn’t meet the category. So now, it is the building
because it blocks the part that’s unsatisfactory. So, that’s the building, that really is the façade,
and I think in the overall picture, the biggest problem I have is that we’re going from a use that is
C-3 – and maybe in this particular instance, the C-3 has some things about that, to me, need to
be mitigated. The use and intensity of it, the disruption it will have to the neighbors, and for me,
the back-up alarms on forklifts, I just know – I mean, I’ve been in the business for years and I
know what that’s like. And to have one of those going off constantly during that day, trucks
unloading in the morning, when they’re there at night, it will drive you nuts.
So, to me, mitigating the intensity of that piece of it, especially given that it backs up with close
Page 22
proximity to some homeowners, the litmus test for me, still, is, if I lived there, would it bother me?
Would it bother me that I purchased a home under C-2 zoning, and now, someone made it C-3
zoning and didn’t correct the problem that existed because of this new zoning, that I could not
have anticipated? So, I think when you think about that, I think that is by far the biggest issue. The
look of it, I’m not happy about it. But I think if some of the other things had been cared for
adequately, I probably could have supported the project. That’s my comments.
Comm. Rinke: I would love for Menards to come to Olathe, but from the very beginning, I’ve been
concerned that this was the wrong site. I tried to have an open mind tonight, and I think I did, but I
heard nothing that changed my mind, that this was the correct site for this. I think the only thing I
can see where you could potentially make it work would be if you pulled the building further north
and you built a berm about the size they have behind Lowe’s. And I’m sure nobody is interested
in spending that kind of money. I can’t support the project.
Chairman Campbell: Thank you. Is there a motion on RZ-14-011?
Commissioner Freeman made a motion to Approve RZ-14-011; motion failed for lack
of a second.
Motion by Commissioner Harrelson, seconded by Commissioner Rinke, to recommend
Denial of RZ-14-011.
The role being called, the result was as follows:
Ayes: Fry, Nelson, Harrelson, Rinke, Campbell (5)
Noes: Freeman (1)
Motion to Deny carried 5-1.
Chairman Campbell: This will move onto City Council on March 3rd.
Mr. Clements: And we will send protest petitions to those residents who spoke in opposition to
the request, and there will be a deadline of February 23rd for those protest petitions to be
submitted to the Clerk’s office.
Chairman Campbell: In this case, the protest would be against Planning Commission’s
recommendation for denial - ?
Mr. Clements: You’re protesting the application.
Chairman Campbell: Okay. At this point, with the denial, it requires a super majority to deny.
Mr. Clements: Yes, five votes of the City Council to overturn the Planning Commission’s
recommendation from tonight. If protest petitions were filed, that would require six votes.
Chairman Campbell: The protest petition is against the application itself, not the action of the
Planning Commission.
Traffic Summary (RZ-14-011)
A Traffic Impact Study (TIS) was submitted by the applicant to evaluate traffic impacts associated with
the proposed Menards development. The TIS evaluated various scenarios including: existing traffic, traffic
with construction of Menards, traffic with Menards and full build out of Alden Center located just east of
the site, and traffic with Menards plus all the proposed commercial lots. Based on the results of the TIS,
the majority of traffic generated by Menards and the parcel lots once they are fully developed will be from
eastbound and westbound 135th Street.
135th Street and Greenwood Street:
Improvements on 135th Street and Greenwood Street are necessary to address traffic impacts and will be
constructed by the applicant prior to opening Menards. The improvements will include:

A right in/right out entrance and turn lane on 135th Street east of Greenwood Street;

An additional northbound lane on Greenwood Street and associated traffic signal modifications;
and

Extension of the existing westbound left turn lane on 135th Street to provide additional storage.
The proposed traffic improvements will improve existing conditions and will accommodate future increases
in traffic generated by Menards as well as full build out of the surrounding lots.
138th Street:
The TIS also evaluated traffic impacts on 138th Street, which is a two-lane arterial that extends from
Black Bob Road to Pflumm Road. The average daily traffic on 138th Street is 4,000 to 5,000 vehicles per
day (vpd) with an estimated capacity of 8,000 to 10,000 vpd. Based on the result of the TIS, traffic
generated by Menards and the future parcel lots once fully developed, is estimated to increase
approximately 5 percent on 138th Street. 138th Street has capacity to accommodate this additional traffic;
therefore, no improvements are recommended or required to be made by the applicant.
138th Street and Pflumm Road Intersection:
The intersection of 138th Street and Pflumm Road was also evaluated to determine whether a traffic
signal was necessary to address additional traffic. Based on 24-hour traffic counts, there are
approximately 11,000 vehicles on Pflumm Road and 2,800 vehicles on 138th Street at this intersection.
Based on existing and proposed traffic volumes as well as review of crash rates at this intersection, a
traffic signal is not recommended at this time.
ORDINANCE NO. 15-XX
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OLATHE,
KANSAS, AS ADOPTED BY REFERENCE IN SECTION 18.14.020 OF
THE OLATHE MUNICIPAL CODE; FURTHER AMENDING SAID
SECTION 18.20.30 BY REINCORPORATING SUCH MAP AS
AMENDED.
WHEREAS, Rezoning Application No. RZ-14-011 requesting rezoning from
C-2 to C-3 was filed with the City of Olathe, Kansas, on the 12th day of September 2014;
and
WHEREAS, proper notice of such rezoning application was given pursuant
to K.S.A. 12-757 and Section 18.40 of the Olathe Municipal Code; and
WHEREAS, public hearings on such application were held before the
Planning Commission of the City of Olathe, Kansas, on the 24th day of November 2014
and continued to the 12th day of January 2015 and the 9th day of February 2015; and
WHEREAS, said Planning Commission has recommended that such
rezoning application be denied.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF
THE CITY OF OLATHE, KANSAS:
SECTION ONE:
That the Zoning Map of the City of Olathe, Kansas, is
hereby ordered to be amended insofar as the same relates to certain parcels of land
legally described as:
A TRACT OF LAND IN THE NORTHEAST ¼ OF SECTION 33, TOWNSHIP 13S, RANGE
24E, IN JOHNSON COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST ¼ OF
SECTION 33, TOWNSHIP 13S, RANGE 24E, IN JOHNSON COUNTY, KANSAS;
THENCE NORTH 87°49'49"EAST, ALONG THE NORTH LINE OF SAID NORTHEAST ¼,
A DISTANCE OF 483.62 FEET; THENCE SOUTH 02°10’11” EAST, 353.33 FEET TO
THE POINT OF BEGINNING; THENCE NORTH 87°49'49"EAST, PARALLEL WITH THE
NORTH LINE OF SAID NORTHEAST ¼, A DISTANCE OF 842.69 FEET TO THE EAST
LINE OF THE WEST ½ OF SAID NORTHEAST ¼; THENCE SOUTH 02°05’31” EAST,
ALONG THE EAST LINE OF THE WEST ½ OF SAID NORTHEAST ¼, A DISTANCE OF
971.64 FEET TO A POINT ON THE CENTERLINE OF 138TH STREET; THENCE SOUTH
87°49'49" WEST, PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST ¼, AND
ALONG SAID CENTERLINE OF 138TH STREET, A DISTANCE OF 200.00 FEET;
Ordinance No. 15-XX
RZ-14-011
Page 1
THENCE WESTERLY, CONTINUING ALONG SAID CENTERLINE OF 138TH STREET,
ON A CURVE TO LEFT HAVING A RADIUS OF 800 FEET, FOR A DISTANCE OF
160.99 FEET; THENCE SOUTH 76°18'00"WEST, CONTINUING ALONG SAID
CENTERLINE OF 138TH STREET, A DISTANCE 175.83 FEET; THENCE WESTERLY,
CONTINUING ALONG SAID CENTERLINE OF 138TH STREET, ON A
CURVE TO THE RIGHT HAVING A RADIUS OF 800 FEET, FOR DISTANCE OF 349.47
FEET; THENCE NORTH 02°10’11” WEST, 484.36 FEET; THENCE NORTH
87°49'49"EAST, 37.45 FEET; THENCE NORTH 02°10’11” WEST, 532.63 FEET TO THE
POINT OF BEGINNING. CONTAINS 19.798 ACRES, MORE OR LESS.
Said legally described property is hereby rezoned from a C-2 Community Center to a C-3
Regional Center.
SECTION TWO:
That this rezoning is approved subject to the following
stipulation(s):
(1)
The following public street improvements shall be constructed as identified
on the preliminary site plan and as required by the City Traffic Engineer prior to certificate
of occupancy for Menards:
a.
A right in/right out entrance and turn lane on 135th Street east of Greenwood
Street.
b.
An additional northbound lane on Greenwood Street and associated traffic
signal modifications.
c.
Extension of the existing westbound left turn lane on 135th Street to provide
additional storage.
(2)
The final site development plan shall follow the layout and design of the
preliminary site development plan and building elevations as approved by the Governing
Body on March 17, 2015.
(3)
The final grading plan shall identify preservation of existing trees on the east
and south property lines and the retaining walls shall be located to avoid conflicts with
existing and proposed trees.
(4)
Trees are required around the perimeter of the detention basin to provide
extensive landscaping for dry detention areas in public view per Unified Development
Ordinance (UDO) 18.30.210 D.
(5)
The wood fencing shall be stained and the materials and color shall be
maintained as needed for high quality appearance.
(6)
Wall signs shall be allowed as identified on the building elevations and as
Ordinance No. 15-XX
RZ-14-011
Page 2
required by UDO 18.50.190. Separate sign permits shall be approved for wall signs and
monument signs.
(7)
A parking lot lighting plan, in accordance with UDO requirements, shall be
submitted and approved with the final site development plan. Details shall be provided for
the height and type of all wall mounted and ground mounted light fixtures.
(8)
As required by the UDO, all exterior ground or building mounted equipment,
including but not limited to mechanical equipment, utility meter banks and coolers, shall be
screened from public view with landscaping or an architectural treatment compatible with
the building architecture.
(9)
A final site development plan and final plat shall be approved prior to
issuance of building permit.
SECTION THREE:
That Section 18.20.30 of the Unified Development
Ordinance, which incorporates by reference the Olathe Zoning Map, is hereby amended by
reincorporating by reference the said Zoning Map as it has been amended in Section One
of the Ordinance.
SECTION FOUR: That this Ordinance shall take effect from and after its
passage and publication as provided by law.
PASSED by the Council this 17th day of March 2015.
SIGNED by the Mayor this 17th day of March 2015.
Mayor
ATTEST:
City Clerk
(Seal)
City Attorney
COUNCIL AGENDA ITEM
PW-A
Department:
Public Works
Staff Contact:
Mary Jaeger; Scott Parker; Kent Seyfried
Subject: Consideration of an Agreement for Transfer Station Operating Services and Disposal Services
with Deffenbaugh Industries, Inc.
Key Result Area: Public Services
Executive Summary: The City currently has a contract with N.R. Hamm Quarry, Inc., (“Hamm”) under
which Hamm built and operates the transfer station at 1681 South Valley Road (northwest of 151st and
Lone Elm Road). This contract expires on October 1, 2015. Although Hamm currently owns the transfer
station building (the City owns the land), the contract requires Hamm to deed the transfer station building
to the City prior to expiration. The City provided Hamm notice of termination of the current contract
effective when it expires.
In early 2014, staff began working with Burns & McDonnell to prepare and issue a request for
qualifications (“RFQ”) and a subsequent request for proposals (“RFP”) for transfer station services in
accordance with the City’s procurement policy. The RFQ and subsequent RFP were advertised in
mid-2014. Through this process, the City pre-qualified Deffenbaugh, Hamm, Waste Management, and
WCA to submit proposals. The City then received proposals from Deffenbaugh, Hamm, and WCA to
operate the City’s transfer station. After evaluating the proposals, based upon the price per ton of
waste transferred out of the transfer station and other evaluation factors stated in the request for
proposals, the City Manager made a recommendation to staff to begin contract negotiations with
Deffenbaugh.
Staff, in consultation with Burns & McDonnell, has negotiated the attached contract with Deffenbaugh to
provide transfer station services for the City beginning on October 1, 2015 (Exhibit 1). Deffenbaugh has
also supplied a letter (Exhibit 2) affirming its commitment to operating the City’s transfer station based on
its responses to the RFQ and the RFP as it relates to the reported merger of Deffenbaugh with Waste
Management.
Fiscal Impact: The City will pay $27.43 per ton of solid waste transferred and disposed by Deffenbaugh
at the transfer station. The City currently pays Hamm $35.09 per ton. Thus, the new contract will result in
substantial cost savings to the City.
Recommendations/Options/Action Requested: Approve an Agreement for Transfer Station
Operating Services and Disposal Services with Deffenbaugh Industries, Inc.
Attachments:
Exhibit 1 - Agreement for Transfer Station Operating Services and Disposal
Services with Deffenbaugh Industries, Inc.
Exhibit 2 – Deffenbaugh Industries, Inc. letter
EXHIBIT 1
AGREEMENT FOR
TRANSFER STATION OPERATING SERVICES AND DISPOSAL SERVICES
between the
CITY OF OLATHE
and
DEFFENBAUGH INDUSTRIES, INC.
THIS AGREEMENT (“Agreement”) is made and entered into this ____ day of ___________, 2015
(the “Effective Date”), by and between the City of Olathe (“City”), a political subdivision of the
State of Kansas, and Deffenbaugh Industries, Inc., a Missouri corporation (the “Contractor”).
RECITALS
WHEREAS, City is authorized to provide for collection and disposal of Solid Waste or
contract thereof; and,
WHEREAS, City issued a Request for Qualifications for Transfer Station Operating and
Disposal Services (“RFQ”) and subsequent Request for Proposals for Transfer Station Operating
and/or Disposal Services (“RFP”); and,
WHEREAS, Contractor submitted a statement of qualifications in response to the RFQ and
a proposal in response to the RFP on or before the due date and time; and,
WHEREAS, City received and evaluated the statements of qualifications in response to the
RFQ and the proposals in response to the RFP; and,
WHEREAS, City desires to hire Contractor to provide services specified hereinafter; and,
WHEREAS, Contractor desires to provide those services specified hereinafter; and,
NOW, THEREFORE, in consideration of the mutual agreements and covenants hereinafter
contained the Parties hereby agree to as follows:
SECTION 1: DEFINITIONS.
As used herein, the capitalized terms, phrases, words, and their derivations shall have the meanings
as set forth herein.
“Acceptable Solid Waste” means Solid Waste as defined herein, and excluding Special Waste.
“Agreement” means this document, including any written amendment thereto, as agreed upon by
City and Contractor.
“Applicable Law” means any permits (including, but not limited to, the Special Use Permit),
licenses, and approvals issued for or with respect to Contractor, equipment or properties (or
any component thereof) utilized by Contractor, in the performance of Contractor’s
obligations hereunder, and any statute, law constitution, charter, ordinance, resolution,
1
EXHIBIT 1
judgment, order, decree, rule, regulation, directive, interpretation, standard or similarly
binding authority, which in any case, is or shall be enacted, adopted, promulgated, issued or
enforced by a governmental body, regulatory agency and/or court of competent jurisdiction
that relates to or affects City, Contractor, any of the equipment, or properties (or any
component thereof) utilized by Contractor in the performance of Contractor’s obligations
hereunder.
“Business Day” means any day, Monday through Friday, from 8:00 AM, Central Time until 5:00
PM, Central Time, which is not a holiday designated as such by the City in the Agreement.
“Citizen Disposal Area” means the area of the City Transfer Station designated by Contract
Administrator that may be utilized by self-haul Customers for disposal of Solid Waste.
“City” means the City of Olathe, Kansas.
“City Transfer Station” means the facility owned by City and located at 1681 South Valley Road,
Olathe, KS 66061 where Solid Waste is consolidated prior to being transported to a final
Disposal Site. Appendix A, a map of the City Transfer Station, is incorporated herein.
“City Vehicles” means vehicles designed to haul Solid Waste collected by or on behalf of City.
“Collect” or “Collection” means the act of removing Acceptable Waste for transport to the City
Transfer Station.
“Commencement Date” means October 1, 2015.
“Composting” means the controlled biological decomposition of organic matter into a soil
amendment.
“Container” means receptacle, including, but not limited to a dumpster and roll-off, designated for
the accumulation of Solid Waste.
“Contract Administrator” means the person, or his designee, designated by City to administer
and monitor the provisions of this Agreement.
“Contractor” means Deffenbaugh Industries, Inc.
“Construction and Demolition Waste” means Solid Waste resulting from the construction,
remodeling, repair and demolition of structures, roads, sidewalks and utilities; untreated
wood and untreated sawdust from any source; treated wood from construction or demolition
projects; small amounts of municipal Solid Waste generated by the consumption of food and
drinks at construction or demolition sites, including, but not limited to, cups, bags and
bottles; furniture and appliances from which ozone depleting chlorofluorocarbons have been
removed in accordance with the provisions of the federal clean air act; Solid Waste consisting
of motor vehicle window glass; and Solid Waste consisting of vegetation from land clearing
and grubbing, utility maintenance, and seasonal or storm-related cleanup. Such wastes
include, but are not limited to, bricks, concrete and other masonry materials, roofing
materials, soil, rock, wood, wood products, wall or floor coverings, plaster, drywall,
plumbing fixtures, electrical wiring, electrical components containing no hazardous materials,
nonasbestos insulation and construction related packaging. "Construction and demolition
waste" shall not include waste material containing friable asbestos, garbage, furniture and
2
EXHIBIT 1
appliances from which ozone depleting chlorofluorocarbons have not been removed in
accordance with the provisions of the federal clean air act, electrical equipment containing
hazardous materials, tires, liquid paint, drums and containers even though such wastes
resulted from construction and demolition activities. Clean rubble that is mixed with other
construction and demolition waste during demolition or transportation shall be considered to
be construction and demolition waste.
“Customer” means (i) City or (ii) any other person approved, in writing, by City for receipt of
services from the Contractor via the City Transfer Station.
“Disposal” means the discharge, deposit, injection, dumping, spilling, leaking or placing of any
Solid Waste into or on any land or water so that such Solid Waste or any constituent thereof
may enter the environment or be emitted into the air or discharged into any water.
“Disposal Services” means the Disposal of Solid Waste delivered by the Contractor from the City
Transfer Station to the Disposal Site.
“Disposal Site” means any area permitted under all applicable local, state and federal laws and
regulations for the Disposal of Solid Waste from more than one residential premises, or one
or more commercial, industrial, manufacturing or municipal operations. For purposes of this
agreement, the Johnson County Landfill in Shawnee, Kansas shall be the Disposal Site to be
used by Contractor unless an alternative Disposal Site is approved in writing by the Contract
Administrator.
“Diversion Programs” means a program which materials are reused, Recycled, Composted, or
otherwise diverted from Disposal.
“Effective Date” means the date set forth in the first sentence of this Agreement.
“Load” means all materials from a vehicle discharged at the City Transfer Station.
“Operating Day” means any calendar day which Contractor operates the City Transfer Station.
“Party” means City or Contractor.
“Recyclable Materials” means any materials that will be used or reused, or prepared for use or
reuse, as an ingredient in an industrial process to make a product, or as an effective substitute
for a commercial product. "Recyclables" includes, but is not limited to, paper, glass, plastic,
municipal water treatment residues, as defined by K.S.A. 65-163 and amendments thereto,
and metal, but does not include yard waste.
“Recycle” or “Recycling” means any process by which materials, including Recyclable Materials
that would otherwise become Solid Waste are collected, separated or processed and reused or
returned to use in the form of raw materials or products.
“Solid Waste” means garbage, refuse, and other discarded materials, including, but not limited to,
solid and semisolid waste materials resulting from industrial, commercial, agricultural and
domestic activities. Solid Waste does not include the following: (a) waste tires as defined by
subsection (m) of K.S.A. 65-3424, and amendments thereto; (b) hazardous wastes as defined
by subsection (f) of K.S.A. 65-3430, and amendments thereto; (c) recyclables or the waste of
domestic animals as described by subsection (a)(1) of K.S.A. 65-3409, and amendments
3
EXHIBIT 1
thereto; (d) any other type of waste excluded from municipal solid waste landfills by the
Kansas Department of Health and Environment; (e) waste excluded by any Special Use
Permit (“SUP”), including, specifically, the Special Use Permit, as from time to time
amended, granted by the City of Shawnee, Kansas for the Johnson County Landfill Disposal
Site, a copy of which is attached hereto as Exhibit “A”; and (f) waste excluded by the
Transfer Station license.
“Special Waste” means non-hazardous Solid Waste which requires special handling and
documentation including, but not limited to, contaminated soil, sludge, and asbestoscontaining material.
“Transfer Tractor” means an over-the-highway towing tractor that is suitably sized and powered
to pull a fully loaded Transfer Trailer from the City Transfer Station to the Disposal Site
under all road conditions.
“Transfer Trailer” means a road-worthy steel or aluminum waste transport trailer with minimum
size of 48 foot long and 120 cubic yard capacity and with minimum 21 ton payload capacity
designed specifically for transporting Solid Waste.
“Transfer Building” means the building at the City Transfer Station at which incoming Solid
Waste is discharged by Customers and reloaded into Transfer Trailers by Contractor.
“Transfer Station Operating Services” means the operating of the City Transfer Station
including, but not limited to, screening/separating materials from Solid Waste as required by
Applicable Law or City, loading and consolidating Solid Waste received at the City Transfer
Station in Transfer Trailers Contractor provides, shuttling empty and full Transfer Trailers
between the Transfer Trailer parking area(s) and the Transfer Building loading chute; and
hauling Solid Waste from the City Transfer Station to the Disposal Site. Transfer Station
Operating Services excludes any services explicitly designated in the Agreement as the
responsibility of City.
“Unaccepted Waste” means a portion of a Load that does not comply with the requirements of this
Agreement.
SECTION 2: TERM OF AGREEMENT.
This Agreement shall be effective at 12:00 AM, Central Time on the Effective Date. The
Contractor shall commence Transfer Operating Services and Disposal Services at 12:00 AM,
Central Time on the Commencement Date and shall terminate on September 30, 2020 at 11:59 PM,
Central Time. PROVIDED, HOWEVER, that the term of this Agreement may be extended or
renewed for up to three (3) additional five (5) year terms, by mutual agreement of the parties in
writing no less than ninety (90) calendar days preceding the then current term’s termination date.
This provision in no way limits either party’s rights to terminate this Agreement at any time during
the term of this Agreement pursuant to the provisions of this Agreement.
SECTION 3: RIGHT TO USE CITY TRANSFER STATION.
3.1 Transfer Station Operating Services to City. City grants Contractor the right to use the City
Transfer Station for provision of Transfer Station Operating Services to City pursuant to this
Contract. City shall retain ownership of the City Transfer Station during the term of this
Agreement and afterwards.
4
EXHIBIT 1
3.2 Transfer Station Operating Services to Other Customers. Contractor shall provide
Transfer Station Operating Services at the City Transfer Station to all Customers approved by City.
All Customers must complete the transaction, including, but not limited to weighing the vehicle, at
the City Transfer Station scale house prior to delivering any materials to the Transfer Building.
SECTION 4: DELIVERY OF ACCEPTABLE WASTE.
City agrees to use reasonable efforts to cause all Acceptable Solid Waste collected by or on behalf
of City to be delivered to the City Transfer Station or one of the Disposal Sites, as designated in
Section 7, excluding the following:
(a)
Construction and Demolition Waste;
(b)
Materials screened/separated from Solid Waste in accordance with Section 6.5; and,
(c)
Materials managed via Diversion Programs in accordance with Section 5.1.
This provision in no way guarantees any minimum amount of Acceptable Solid Waste.
SECTION 5: ESTABLISHMENT OF DIVERSION PROGRAMS.
5.1 City’s Right to Establish Diversion Programs. Contractor and City agree that City reserves
the right to establish Diversion programs. Contractor and City agree that nothing contained in this
Agreement shall be construed to prevent City from establishing diversion programs that reuse,
Recycle, Compost, or otherwise divert all or a portion of Acceptable Waste collected by or on
behalf of City.
5.2 Contractor’s Right to Establish Diversion Programs. Contractor shall not reuse, Recycle,
Compost, or otherwise divert any materials Contractor receives title to via this Agreement without
prior written approval of City.
SECTION 6: TRANSFER STATION OPERATING SERVICES.
6.1 Location. Contractor shall provide Transfer Station Operating Services, excluding those
services identified as City provided services in Section 6.2, at the City Transfer Station throughout
the term of the Agreement.
6.2 City Provided Services. City shall provide the following services at the City Transfer
Station:
(a)
Maintenance of the landscaping, excluding litter originating from Transfer Building,
Contractor, or Contractor’s provision of services;
(b)
Operation and maintenance of the scale house, including the scales of the scale
house; and,
(c)
Hauling of Containers from Citizen Disposal Area to Transfer Building.
City may in writing assume the responsibility for providing additional services at the City Transfer
Station for a specified time period.
6.3 Acceptance of Acceptable Waste. Contractor shall accept all Acceptable Solid Waste
delivered by or on behalf of City and City approved Customers to City Transfer Station.
Contractor shall not accept Special Waste at the City Transfer Station.
6.4 Storage of Solid Waste. Contractor shall store all Solid Waste within (i) the enclosed area of
the Transfer Building or (ii) Transfer Trailers located at area of the City Transfer Station designated
by Contract Administrator for such use. Unless Contractor receives prior written approval from
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Contract Administrator, Contractor shall ensure the Transfer Building is free of Solid Waste prior
to the end of the hours of operation for each Operating Day. Contractor shall exercise care so as to
prevent litter, odor, or other nuisance issues from occurring as a result of storage of Solid Waste
and/or Transfer Station Operating Services.
6.5 Screening/Separating Materials. Contractor shall screen/separate all materials from Solid
Waste as required by Applicable Law or City. Upon the Commencement Date, Contractor shall
screen/separate the following materials from Solid Waste as required by Applicable or City:
(a)
Tires; and
(b)
Appliances.
The Contract Administrator, at its sole discretion and no cost to City, may modify the specified
materials to be screened/separated from Solid Waste by Contractor. City shall, at the sole
discretion of City, manage, including via this Agreement or other means, materials
screened/separated by Contractor from Solid Waste as required herein.
6.6 Minimum Access Requirements and Priority Access. During all hours of operation,
Contractor shall provide access for a minimum of three (3) vehicles designed to haul Solid Waste to
simultaneously discharge Acceptable Solid Waste at the City Transfer Station. Contractor shall
provide priority access to City Vehicles to achieve City Vehicle turnaround time in accordance with
Section 6.7. Priority access shall mean that at any time during the hours of operation, City Vehicles
at the City Transfer Station will be allowed to discharge materials prior to other vehicles.
6.7 City Vehicle Turnaround Time. Contractor shall operate the City Transfer Station and
Disposal Site as to maintain (i) a City Vehicle turnaround time of less than twenty (20) minutes per
City Vehicle and (ii) a daily average City Vehicle turnaround time of less than ten (10) minutes per
Operating Day. The City Vehicle turnaround time shall be calculated as follows:
(a)
Commencement time shall be upon City Vehicle leaving the scale house; and
(b)
End time shall be upon City Vehicle exiting the gates of the City Transfer Station.
Provided, however, that Contractor shall not be responsible for that portion of any City Vehicle
turnaround time caused by City’s personnel or City equipment failure documented to the City’s
satisfaction. Contractor shall provide prompt notice of any such delay related to the City’s
personnel or City equipment failure.
SECTION 7: DISPOSAL SERVICES.
7.1 Location. Contractor shall provide Disposal Services at the Disposal Site located at the
Johnson County Landfill, Shawnee, Kansas throughout the term of the Agreement unless an
alternative Disposal Site is approved in writing by the Contract Administrator.
7.2 Alternative Disposal Site. If Contractor is unable to utilize the Disposal Site for any or all of
the Acceptable Solid Waste, at no fault or action of City, Contractor shall be solely responsible for
the following:
(a)
Procuring and utilizing an alternative Disposal Site reasonably approved in writing
by City; and
(b)
Any and all increases in costs, including, but not limited to, transportation costs,
Disposal costs, and capital and operational costs, associated with the alternative
Disposal Site.
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Contractor shall divert all other materials from the Disposal Site prior to diverting any or all of the
Acceptable Solid Waste via this Agreement to an alternative Disposal Site. City shall not make any
additional payments to Contractor, for increases or decreases in costs due to utilization of an
alternative Disposal Site.
7.3 Acceptance of Acceptable Waste. Contractor shall accept all Acceptable Waste delivered by
or on behalf of City to Disposal Site.
SECTION 8: CAPACITY.
8.1 City Transfer Station. Contractor shall be solely responsible for providing a minimum daily
capacity at the City Transfer Station of five hundred (500) tons per Operating Day for the term of
this Agreement including any optional renewal term. In the event that the Solid Waste accepted at
the City Transfer Station exceeds five hundred (500) tons per Operating Day, City may restrict the
use of the City Transfer Station by some or all Customers other than City.
8.2 Disposal Site. Contractor shall be solely responsible for providing sufficient capacity for
providing Disposal Services in accordance with this Agreement for the term of this Agreement
including any optional renewal term. Contractor may accept materials from other sources provided
that acceptance of such materials shall not preclude or interfere with providing Disposal Services in
accordance with this Agreement.
SECTION 9: INSPECTION OF LOADS AND UNACCEPTED WASTE.
9.1 Right to Inspect Loads. Contractor may inspect for compliance with this Agreement each
Load upon discharge at the Transfer Building at the City Transfer Station.
9.2 Procedures for Unaccepted Waste.
(a)
Reasons for Unaccepted Waste. Prior to departure from the City Transfer Station
of the vehicle delivering such Load containing Unaccepted Waste, Contractor may
designate that portion of a Load as Unaccepted Waste for the following reasons:
(i)
Portion of a Load contains material not allowed by Applicable Law to be
accepted at City Transfer Station or the Disposal Site; and
(ii)
Portion of a Load contains material that does not meet the definition of
Acceptable Solid Waste under this Agreement.
Contractor may not designate any portion of a Load as Unaccepted Waste for any reason
other than those identified in this section, Section 9.2(a).
(b)
Notice of Unaccepted Waste. If Contractor designates a portion of a Load as
Unaccepted Waste, Contractor shall provide written notice to the Contract
Administrator within one (1) hour of discharge at (i) the City Transfer Station if
Customer delivers Load to City Transfer Station or (2) the Disposal Site if City
delivers Load to Disposal Site. Contractor shall provide detailed description and
photographs evidencing the reason the portion of the Load was designated as an
Unaccepted Waste. Contractor shall maintain the Unaccepted Waste separately from
other material to afford City the right to inspect as provided in Section 9.2(c) of this
Agreement. If Contractor fails to provide notice in accordance with this Section,
Contractor shall accept the Unaccepted Waste. For purposes of this section, 9.2(b),
written notice to the Contract Administrator shall be made to the Contract
Administrator’s business email address.
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(c)
Right to Inspect Unaccepted Waste. Contractor shall retain the Unaccepted Waste
for twenty-four (24) hours after receipt of written notice of Unaccepted Waste by
Contract Administrator. The Contract Administrator may waive the right to inspect
the contents of the Unaccepted Waste. Failure to inspect the contents of the
Unaccepted Waste within this timeframe shall be deemed a waiver of the right to
inspect the contents of the Unaccepted Waste.
(d)
Costs of Unaccepted Waste. City shall manage the contents of the Unaccepted
Waste. City shall not reimburse Contractor for any costs associated with the
Unaccepted Waste.
SECTION 10: SCALES.
City shall provide the scales for the City Transfer Station scale house and Transfer Building. City
shall operate and maintain the scales at the scale house. Contractor shall operate, maintain and
replace the scales at the Transfer Building. Contractor shall provide, operate, maintain, and replace
the scales at the Disposal Site. City and Contractor shall maintain such scales in accordance with
the scale manufacturer’s recommendations, including calibration of the scales the more frequent of
semi-annually or scale manufacturer’s recommendations.
SECTION 11: OTHER EQUIPMENT AND SUPPLIES.
11.1 City Provided Equipment. City shall provide Contractor the following equipment to utilize
exclusively for the provision of Transfer Station Operating Services at the City Transfer Station:
(a)
Knuckleboom Crane: BUILT RITE Handler 2100, manufactured by Northshore
Handler, purchased and installed in 1996 and overhaul maintenance in 2012; and
(b)
Transfer Trailer Scale: Two Rice Lake OTR Scales 11 feet wide by 35 feet long (70
feet total length), installed in the top load bay of the Transfer Building January 2012.
Contractor shall be solely responsible for all maintenance and repairs, including, but not limited to,
routine preventive maintenance and repairs, of the above City provided equipment. Contractor
shall receive written approval from Contract Administrator prior to performing any maintenance or
repairs on City provided equipment.
11.2 Other Equipment and Supplies. Contractor shall provide sufficient equipment and supplies
to provide services in accordance with the Agreement, industry standards, and Applicable Laws but
not less as specified herein. Contractor shall maintain at minimum the following equipment and
supplies at the City Transfer Station:
(a)
One (1) rubber-tire loader;
(b)
One (1) yard tractor;
(c)
Five (5) open-top, Transfer Trailers equipped with self- unloading devices such as
walking floors or pusher blades unless Disposal Site is equipped with tipping
equipment and operable top closure system.
(d)
Two (2) Transfer Tractors.
Contractor shall be solely responsible for all costs, including, but not limited to, furnishing, fuel
and lubricants, and maintenance, of Contractor-provided equipment and supplies.
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SECTION 12: OTHER EQUIPMENT APPEARANCE AND GENERAL OPERATION
AND MAINTENANCE.
12.1 Appearance of Equipment. Contractor shall ensure a well-maintained appearance for all
equipment. Contractor shall mark all Contractor provided Transfer Trailer and Transfer Tractors
with the name of the Contractor and the unique identification numbers in numbers and letters not
less than six (6) inches high in readily visible locations.
12.2 General Operation and Maintenance of Equipment Requirements. Contractor shall
adhere to the following requirements.
(a)
Operate and maintain equipment in accordance with Agreement and Applicable
Laws.
(b)
Obtain all permits, licenses and approvals for operating and maintaining equipment.
(c)
Maintain all equipment in a clean, good operational and safe working condition.
(d)
Maintain Transfer Trailers in a clean, good operational and safe condition, including,
but not limited to, damage to doors, floor, walls, and seals that would allow leakage
of liquids and materials.
(e)
Maintain tarps in good order and use such tarps on loaded Transfer Trailers prior to
exiting Transfer Building and when Transfer Trailers containing any Solid Waste are
outside the Transfer Building until arrival at the Disposal Site.
(f)
Maintain City Transfer Station in a neat, orderly, litter-free and odor free manner.
(g)
Wash, sanitize and paint, all equipment utilized at the Transfer Station as often as
necessary to preserve and present a well-maintained, clear appearance.
(h)
Wash and sanitize inside and outside of Transfer Trailers with a suitable disinfectant
and deodorant a minimum of once a month.
(i)
Maintain Transfer Trailer top closures in good working order and use such top
closures when transporting materials and when parked.
(j)
Wash, sanitize and paint, all Equipment as often as necessary to preserve and present
a well-kept appearance.
SECTION 13: CITY TRANSFER STATION INSPECTION REPORT, MAINTENANCE,
AND CAPTIAL IMPROVEMENTS.
13.1 City Transfer Station Survey. Prior to the Commencement Date and annually thereafter,
City shall retain a consultant, reasonably approved by Contractor, to perform an inspection report.
The inspection report will include all City-provided Equipment and the Transfer Building at the
Transfer Station. Such inspection report will include, but not be limited to, the tipping floor, scales,
doors, and knuckleboom. The inspection report will also include the various areas used by
Contractor at the Transfer Station in performance of its obligations hereunder, including, but not
limited to, the Transfer Building and trailer storage areas at the Transfer Station. Contractor agrees
to reimburse City up to fifty percent (50%) of the cost of engaging such consultant. The inspection
report will review whether the City-provided Equipment, Transfer Building, and areas used by
Contractor is being operated and maintained in accordance with industry standards and not subject
to excess wear and tear. If the inspection report determines that the City-provided Equipment,
Transfer Building, and areas used by Contractor are not being operated in accordance with
Agreement and industry standards and not subject to excess wear and tear, Contractor, at its sole
expense, will promptly address the issues identified in the inspection report. If the inspection
report identifies issues caused by Contractor, the inspection report will include an update to
confirm whether such issues have been addressed.
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13.2 City Transfer Station Maintenance. Contractor shall be responsible for maintenance,
including, but not limited to repairs and replacement, excluding maintenance and repairs explicitly
designated in Section 13.3, Section 6.2 and Section 10 as the responsibility of City. Contractor
shall be solely responsible for maintaining the City Transfer Station so as to meet all current and
future Applicable Laws. Contractor shall maintain the City Transfer Station in a neat, orderly,
litter-free manner, and take such steps as may be reasonably necessary to minimize odors.
13.3 Capital Improvements to City Transfer Station. City is solely responsible for assessing
the need for and performing capital improvements to the City Transfer Station, including, but not
limited to the Transfer Building. City may implement the improvements itself, working with
design consultants and construction contractors and vendors where appropriate, or it may ask
Contractor to undertake some or all of the improvements, subject to Contractor’s written express
approval.
In the event any capital improvement project undertaken by City substantially interferes with
Contractor’s operation of the City Transfer Station, or requires the temporary closure of the City
Transfer Station, including, but not limited to the Transfer Building, City will work with Contractor
to minimize by reasonable means the impact of such project on the Contractor’s operations. City
will not be liable to the Contractor for any costs, lost revenues, or other monetary damages due to
performing capital improvements to the City Transfer Station.
SECTION 14: PERSONNEL.
14.1 City Provided Personnel. City shall provide the following personnel to support the
Agreement:
(a)
Scale Facility Operator. The Scale Facility Operator shall oversee weighing of
vehicles, receipt of fees, and other related tasks as determined by City.
(b)
Maintenance Worker. The Maintenance Worker shall be responsible for
maintenance, litter control, and general grounds keeping of the City Transfer Station,
excluding the Transfer Building. The Maintenance Worker shall also be responsible
for hauling Containers from Citizen Disposal Area to the Transfer Building.
(c)
Solid Waste Manager. The Solid Waste Manager, or his/her designee, shall oversee
and manage the work of the Scale House Operator and Maintenance Worker and be
the primary point of contact for Contractor.
City provided personnel shall report to City. Contractor shall not be responsible for or have
authority over City provided personnel.
14.2 Other Personnel. Contractor shall provide sufficient personnel to provide services in
accordance with the Agreement, industry standards, and Applicable Laws but not less as specified
herein. Contractor shall maintain at minimum two (2) full-time, on-site personnel at the City
Transfer Station. One or more of such persons shall be designated as the site manager, who shall
be available to City on a twenty-four (24) hour basis. Contractor shall ensure all personnel are
qualified, competent and reliable.
Within thirty (30) days after the date of this Agreement, Contractor will designate the site manager
who will be responsible for transition support, including, but not limited to development and
implementation of the Transition Plan set forth in Exhibit A, attached hereto and incorporated
herein by reference.
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Contractor’s site manager will also be empowered to make decisions and act on behalf of the
Contractor. Contractor’s site manager shall be physically at the City Transfer Station during hours
of operation for Transfer Station Operating Services with the exception of trainings, vacation, sick
time, other similar personal time off, and other time approved by Contract Administrator.
Contactor shall notify Contract Administrator, via Contract Administrator’s business email address,
prior to site manager not being physically at the City Transfer Station. Contractor shall (i) provide
such notice to Contract Administrator a minimum of forty-eight (48) hours or promptly upon
unscheduled event causing site managers not being physically at the City Transfer Station during
hours of operation and (ii) identify the start date, end date, and alternative full-time, on-site site
manager authorized to be in charge of operations under this Agreement and to make decisions and
act on behalf of the Contractor.
Contractor shall notify City within a reasonable amount of time not to exceed forty-eight (48) hours
of change to Contractor’s site manager. Contractor shall be solely responsible for all costs,
including, but not limited to, salary and benefits, of Contractor-provided personnel.
14.3 General Personnel Requirements. Contractor shall adhere to the following requirements.
City may require Contractor to remove any employee or subcontractor who does not meet the
following criteria.
(a)
Contractor shall hire and maintain qualified, competent and reliable personnel to
provide service under this Agreement.
(b)
Contractor shall ensure that each employee and subcontractor understands and
observes the Agreement and Applicable Laws.
(c)
Contractor shall provide regularly scheduled, on-going operating and safety training
for all employees and subcontractors. Such training shall be mandatory and held not
less often than once (1) per month. Training manuals, schedules, and attendee lists
shall be maintained at the local office and available for review at any time by City on
a confidential basis, subject to the disclosure requirements of the Kansas Open
Records Act and/or other applicable law.
(d)
Contractor shall furnish each employee and subcontractor providing services under
this Agreement with personal protective equipment and other appropriate safety
equipment.
(e)
All Contractor’s employees and subcontractors shall treat all persons with whom they
come in contact in performance of services under this Agreement in a polite and
courteous manner.
SECTION 15: HOLIDAYS, HOURS OF OPERATION, EMERGENCY RESPONSE
SUPPORT.
15.1 Holidays. For purposes of this Agreement, the Contract Administrator and Contractor
designate Thanksgiving, Christmas, and New Year’s Day as observed holidays. The City Transfer
Station shall be closed on all holidays designated herein. The holidays may be changed by mutual
agreement of the parties in writing.
15.2 Hours of Operation. Contractor shall provide Transfer Station Operating Services and
Disposal Services during hours of operation sufficient to support the requirements as set forth in
this Agreement. At a minimum, Contractor shall provide Transfer Station Operating Services and
Disposal Services from Monday through Friday, 7:00 AM, Central Time to 4:00 PM, Central Time
and Saturday, 7:00 AM, Central Time to 12:00 PM, Central Time unless Contract Administrator
provides prior written approval otherwise. Upon City’s request and with seven (7) days’ notice to
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Contractor, Contractor shall extend the hours of operation Monday through Friday, 7:00 AM,
Central Time to 5:00 PM, Central Time, and Saturday, 7:00 AM, Central Time to 2:00 PM, Central
Time. Any other modification of the Transfer Station Hours of Operation, such as for holidays
within the week and emergency events, shall be made only by mutual agreement of the parties.
15.3
Emergency Response Support. Contractor shall, upon request of the Contract
Administrator and with reasonable notice, extend the hours of operation for Transfer Station
Operating Services and Disposal Services due to emergency response.
SECTION 16: DAMAGE TO PROPERTY.
Contractor shall take all necessary precautions to protect public and private property during the
performance of this Agreement. Contractor shall repair or replace any private or public property at
the Transfer Station which is damaged by Contractor. If the loss or damage is expected to be in
excess of One Thousand Dollars ($1,000), Contractor shall notify the Contract Administrator of
damage to private or public property at the Transfer Station within forty-eight (48) hours of the
earlier of knowledge or notice to Contractor of such damage. In addition, Contractor shall make a
reasonable effort to contact the owner of the private or public property which is damaged at the
Transfer Station within forty-eight (48) hours of the earlier of knowledge or notice to Contractor of
such damage. Such property damages caused by Contractor shall be resolved by Contractor either
by repair or replacement, at no charge to the property owner, within a reasonable amount of time
agreed upon by property owner, City and Contractor, and any replacement of property shall be
accomplished with property of the same or equivalent value at the time of the damage.
If Contractor fails to address the repair or replacement of damaged public or private property at the
Transfer Station within agreed upon timeframe, and the Contract Administrator and/or City
receives a complaint and/or claim from the damaged party, the Contract Administrator may, but
shall not be obligated to, repair or replace such damaged property, and the cost of doing so shall be
deducted from payments to be made to Contractor by City.
In the event of a casualty loss to the Transfer Station, which either substantially interferes with the
Transfer Station Operating Services or results in temporary closure, for which neither party is
responsible, City shall restore the Transfer Station as soon as reasonably practicable. City will not
compensate Contractor for operating the Transfer Station during the restoration period but will
direct haul to the Disposal Site so long as the Disposal Site is operational (subject to Force
Majeure).
SECTION 17: SPILLAGE, LEAKAGE, LITTER AND ODOR, AND OTHER
NUISANCES.
17.1 Spillage and Leakage. Contractor shall clean up any materials including leakage of fluids
spilled from Contractor’s equipment, or by Contractor’s employees or subcontractors while
performing services pursuant to this Agreement. Contractor shall take reasonable steps to ensure all
materials shall be contained, covered and enclosed so that leaking, spilling, and blowing of
materials does not occur. Contractor shall tarp all Transfer Trailers prior to exiting Transfer
Building and when Transfer Trailers containing any Solid Waste are outside the Transfer Building.
Contractor shall be responsible for the cleanup of any spillage or leakage caused by Contractor’s
equipment or Contractor’s employees or subcontractors. Contractor shall perform all clean-ups
within two (2) hours of the earlier of either the (i) notification of spillage or leakage or (ii)
knowledge of spillage or leakage by Contractor or Contractor’s employees or subcontractors.
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17.2 Litter. Contractor shall be required to pick up any and all litter caused by the provision of
services in connection with this Agreement.
17.3 Odor. Contractor shall maintain City Transfer Station and Disposal Site and equipment
found in City in a manner that minimizes odors.
17.4
Other Nuisances. Contractor shall ensure nuisances are not caused by Contractor’s
equipment, or by Contractor’s employees or subcontractors while performing services pursuant to
this Agreement.
SECTION 18: COMPLAINTS, ACCIDENTS, VIOLATIONS.
For each complaint, accident or violation, Contractor shall prepare a report including:
(a)
Date and time complaint, accident, or violation;
(b)
Identification of the person/entity who issued the complaint or violation or person
involved in the accident;
(c)
Contractor’s opinion of the complaint, accident, or violation as legitimate or nonlegitimate;
(d)
Date, time and action taken to resolve complaint, accident, or violation;
(e)
Name of responsible contact at Contractor’s location regarding the, accident, or
violation; and
(f)
Measures taken to prevent such future complaint, accident, or violation.
Contractor shall submit the report, in a format approved by the Contract Administrator, to
Contractor Administrator prior to 10:00 AM, Central Time Zone on the day following complaint,
accident, or violation and shall maintain a database of all complaints, accidents, or violations.
SECTION 19: OPERATIONS AND COMMUNICATIONS PLAN.
No later than ninety (90) calendar days prior to the Commencement Date, Contractor shall submit
to the Contract Administrator for approval an Operations and Communications Plan, consistent
with the requirements as set forth in this Agreement.
SECTION 20: TRANSITION SUPPORT.
Contractor understands, acknowledges, and agrees that a smooth transition from one provider(s) to
another is essential for the health and safety of City and its residents. Contractor understands,
acknowledges, and agrees that the failure of Contractor to timely and promptly transition the
services provided pursuant to this Agreement and Transition Plan may create serious health and
safety issues for City and its residents. Contractor understands, acknowledges, and agrees that City
does not possess the necessary manpower or equipment to provide the services to be provided by
Contractor pursuant this Agreement.
Contractor shall cooperate fully and timely with City and any previous and subsequent provider(s)
in any transition of services to be provided by Contractor per this Agreement and the Transition
Plan as more particularly set forth in Exhibit A. Contractor shall cooperate fully with City in:
(a)
The transition to Contractor providing services upon the Commencement Date of this
Agreement;
(b)
The transition from Contractor to subsequent person(s) or City providing services
upon expiration of the Initial Term or optional renewal term; and,
(c)
The transition from Contractor to subsequent person(s) or City providing services
upon termination of the Agreement.
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SECTION 21: UTILITIES.
Contractor shall be responsible for the cost of all utilities for Transfer Building. The City shall be
responsible for the cost of all other utilities not explicitly designated in the Agreement as the
responsibility of Contractor.
SECTION 22: TAXES, SURCHARGES, LEVIES, AND OTHER ASSESSMENTS.
Subject to Section 28.2(b) for fee adjustments related to changes in or new Applicable Law,
Contractor shall be solely responsible and liable for all taxes, surcharges, levies, and other
assessments involved and/or related to performance of work under this Agreement.
SECTION 23: RECORDKEEPING, REPORTING, AND REPORTING FORMAT.
23.1 Recordkeeping. Contractor shall create, maintain, and make available records as defined in
and/or required by Applicable Law, and any reports reasonably necessary to:
(a)
Document actions taken by Contractor relating to Transition Plan as hereinafter
described. A monthly summary shall also be submitted to City or its representative.
(b)
Document employee and subcontractor training by description of training, date of
training, time of training, names of personnel who attended training, name of training
instructor, and other information as requested by Contract Administrator. A monthly
summary shall also be submitted to City or its representative.
(c)
Document Load deliveries from City Transfer Station to Disposal Site by time
delivered to Disposal Site, tonnage of material delivered, and other information as
requested by Contract Administrator. A monthly and annual summary shall also be
submitted to City or its representative in Excel and pdf formats.
(d)
Document maintenance records of all City provided equipment and City Transfer
Station by description of maintenance, date of maintenance, cost of maintenance,
name of vendor that performed maintenance, and other information as requested by
Contract Administrator. A monthly and annual summary shall also be submitted to
City or its representative.
(e)
Such other documents and reports as City may reasonably require to verify
compliance with the Agreement or to meet City's reporting requirements with the
State. A monthly and annual summary shall also be submitted to City or its
representative.
All of Contractor’s records shall be available to Contract Administrator at reasonable times and
places throughout the term of this Agreement and for a period of five (5) years after last or final
payment. The terms of Section 23.1 shall survive the termination or expiration of this Agreement.
23.2 Reporting.
(a)
Transition Plan. No later than sixty (60) calendar days after the Effective Date,
Contractor shall finalize with the Contract Administrator for approval the Transition
Plan as more particularly set forth in Exhibit A, consistent with the transition
support requirements set forth in this Agreement.
(b)
Monthly Reports. Contractor shall submit all monthly reports to the Contract
Administrator within seven (7) calendar days following the end of each calendar
month. The contents of such monthly reports are those identified as such in Section
23.1 of this Agreement.
(c)
Annual Reports. Contractor shall submit all annual reports to the Contract
Administrator within thirty (30) calendar days following the calendar year end. The
contents of such annual reports are those identified as such in Section 23.1 of this
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(d)
Agreement.
Report Format. Within sixty (60) calendar days of the Effective Date, Contractor
shall submit to the Contract Administrator for his/her approval the format and
sample contents of the records to be maintained and the reports to be generated in
fulfillment of the requirements of the Agreement. Contractor shall submit all reports
in electronic and hard copy format approved by the Contract Administrator.
SECTION 24: VISITATION RIGHTS, INSPECTION RIGHTS AND RIGHT TO AUDIT.
24.1 Visitation Rights. City shall have the right to have its representative present at the City
Transfer Station and Disposal Site to observe and monitor Contractor’s compliance with the
provisions of this Agreement, provided that such observation monitoring shall be conducted in a
manner to minimize interference with Contractor’s operations.
24.2 Inspection Rights.
(a)
City’s Right to Inspect Records, Books, Data and Documents. City shall have
access to, for the purpose of inspection and audit, all books, records, data and
documents of Contractor to reasonably determine compliance with this Agreement,
at City’s own expense and on a confidential basis (subject to the disclosure
requirements of the Kansas Open Records Act).
(b)
City’s Rights to Inspect Facilities and Equipment. City shall have access, upon
twenty-four (24) hours’ advance written notification to Contractor, to inspect
Contractor’s facilities and equipment as City deems reasonably necessary to
determine whether the facilities and equipment provide the services required to be
provided by Contractor under this Agreement and fulfill the terms hereof. City shall
conduct the inspection of facilities and equipment during regular hours of operation.
Contractor shall make available to City all reasonable facilities and assistance to
facilitate the performance of inspections of facilities and equipment by City.
24.3 Right to Audit. The Parties agree that Contractor’s books, records, documents, accounting
procedures, practices, price lists or any other items reasonably related to compliance with this
Agreement are subject to inspection, examination, and copying by City or its designees, on a
confidential basis (subject to the disclosure requirements of the Kansas Open Records Act).
Contractor is required to retain all records related to this Agreement for the duration of the term of
this Agreement and a period of five (5) years following expiration and/or termination of the
Agreement. If an audit, litigation or other action involving such records begins before the end of the
five (5) year period, the records shall be maintained until for five (5) years after the date that all
issues arising out of the audit, litigation or other action are resolved or until the end of the five (5)
year retention period, whichever is later. The terms of this Section 24.3 shall survive the
termination or expiration of this Agreement.
SECTION 25: TITLE TO WASTE.
Contractor and City agree that title to Acceptable Solid Waste shall transfer to the Contractor upon
acceptance by Contractor at the City Transfer Station, i.e., when the Contractor can no longer
designate a portion of a Load as Unaccepted Waste. Contractor and City agree that title to materials
screened/separated as required by this Agreement shall transfer from the Contractor to City upon
screening/separating by the Contractor at the City Transfer Station. Contractor and City agree that
under no circumstances shall title to Solid Waste other than Acceptable Solid Waste transfer to the
Contractor.
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SECTION 26: SECURITY.
Contractor shall be solely responsible for security of the Acceptable Solid Waste after acceptance at
the City Transfer Station under this Agreement. Contractor shall maintain adequate security at the
City Transfer Station and during transportation to the Disposal Site.
SECTION 27: PERMITS AND LICENSES.
Contractor agrees to procure and maintain at Contractor’s sole expense, all necessary permits and
licenses required by Applicable Law for the performance of work under this Agreement, including,
but not limited to, the City Transfer Station permit from the Kansas Department of Health and
Environment and a special use permit from the Johnson County to operate the City Transfer
Station. Contractor shall be solely responsible for procuring and maintaining permits and licenses
and fines, civil penalties, and other judgments for violations of permits and licenses by Contractor.
Contractor shall provide the City a copy of its certificate of good standing to conduct business in
the State of Kansas with this Agreement.
SECTION 28: FEES, FEE ADJUSTMENTS, AND PAYMENT.
28.1 Fees.
(a)
Fees at City Transfer Station. Contractor and City agree that City shall, at the sole
discretion of City, determine and charge fees at the City Transfer Station. City
reserves the right to determine and charge Customers different fees at the City
Transfer Station.
(b)
Fees to be Paid to Contractor. For Acceptable Solid Waste delivered by Customers
to and accepted by Contractor at City Transfer Station, City shall pay Contractor a
Transfer Station Operating Services Fee and Disposal Fee for each outgoing ton of
Solid Waste based on the scale at the City Transfer Station Transfer Building. For
Acceptable Solid Waste delivered by or on behalf of City to Disposal Site, as
designated in Section 7, and accepted by Contractor at such Disposal Site, City shall
pay Contractor a Disposal Fee only for each ingoing ton of Acceptable Solid Waste
based on the scale at the Disposal Site. Contractor shall not receive payment for any
fees other than those specifically authorized in Exhibit B, attached hereto and
incorporated herein by reference.
28.2 Fee Adjustments. Contractor and City agree that fees shall not be adjusted other than as
explicitly authorized in this Section.
(a)
Annual Adjustment. All fees in Exhibit B shall remain fixed from the execution of
the Agreement through September 30, 2016. On October 1, 2015 and every October
1st thereafter for the term of the Agreement, all fees as established in Exhibit B may
be adjusted, increased or decreased, according to this section upon approval of City
Council. Upon approval of City Council, the fees may be adjusted, increased or
decreased, according to the following two (2) adjustments:
(i)
Inflation Adjustment. The Inflation Adjustment shall be
based on the most recent July Consumer Price Index (CPI)-All
Urban Consumers, Unadjusted 12 months ended July.
(ii)
Fuel Adjustment. The Fuel Adjustment shall be based on
the price index by the Department of Energy (DOE)
adjustment shall be based on the most recent price as of July 1
and change from the previous July 1 for Diesel Fuel (cents per
Gallon), U.S.
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EXHIBIT 1
Contractor and City agree that fee adjustments for shall not exceed five percent (5.00%)
per year. If a fee adjustment is approved by City Council, the Inflation Adjustment shall
equal eighty percent (80.00%) and the Fuel Adjustment shall equal twenty percent
(20.00%). Contractor and City agree that fees shall not be adjusted other than as explicitly
authorized in this Section.
Example: Assume that the CPI-All Urban Consumers, Item: All items unadjusted index
for July 2014 is 114.5 and on July 2013 it was 105.5. Assume that the Diesel Fuel price
index by the DOE for Diesel Fuel (cents per Gallon), U.S. in 2014 is 3.085 and change
from a year ago was –0.215. The calculation for the annual rate adjustment to be
implemented on July 1, 2014 is as follows:
Inflation Adjustment:
114.5 - 105.5
105.5 x
.80
=
6.82%
and
Fuel Adjustment:
308.5 - (3.085 - (-0.215))
(3.085 - (-0.215))
x
.20
=
-1.30%
Disposal Fee Annual Rate Adjustment: 6.82% + -1.30= 5.52%, therefore 5.0%.
(b)
Change in Applicable Law Adjustment. Fees as established in Exhibit B may
with approval of City Council be adjusted, increased or decreased, according to this
section upon a change in or new Applicable Law that increases or decreases the costs
in connection with performances of services hereunder. The adjustment shall be
equal the costs or savings amortized over the reasonable useful life of the cost or
savings. The adjustment shall be based only upon the actual amount of the increase
or decrease in cost and shall not include any profit factor.
28.3 Invoicing. Contractor shall invoice City in accordance with this Agreement and then-current
fees as reflected in Exhibit B with supporting documentation to the approval of City. Contractor
shall not invoice City or other Customers for any fees other than those specifically authorized in
this Agreement.
28.4 Payment. Within 15 business days after receipt of an invoice from Contractor, City shall pay
Contractor the Transfer Station Operation Fee and Disposal Fee for services performed during the
prior calendar month less any disputed amounts and administrative charges.
SECTION 29: ADMINISTRATIVE CHARGES.
Contractor understands that if Contractor does not perform in a timely manner its obligations
pursuant to the terms of the Agreement, City will suffer damages which are difficult to determine
and adequately specify. Contractor(s) agrees, in addition to any other remedies available to City,
that City may withhold payment from Contractor in the amounts specified below as administrative
charges for failure of Contractor to fulfill its obligations. The following acts or omissions shall not
be deemed events of Default under Section 33 of this Agreement (unless such events are habitual in
nature or are not remedied in a timely matter after reasonable notice by the City in accordance with
this Agreement):
(a)
Failure to commence services on the Commencement Date of the Agreement: $5,000
per calendar day until resolved.
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EXHIBIT 1
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
Failure to accept Acceptable Waste during required hours of operation: $200 per load
until resolved.
Failure to store Solid Waste in accordance with Agreement: $100 per hour until
resolved.
Failure to screen/separate materials from Loads in accordance with Agreement: $25
per item.
Failure to meet minimum access requirements in accordance with Agreement: $100
per truck.
Failure to achieve daily average City Vehicle turnaround time in accordance with
Agreement: $100 per City Vehicle.
Failure to maintain equipment in accordance with Agreement and correct such problem
within a reasonable time as determined by the Contract Administrator: $50 per
equipment per calendar day until resolved.
Failure to maintain City Transfer Station in accordance with Agreement and correct
such problem within a reasonable time as determined by the Contract Administrator:
$500 per calendar day until resolved.
Failure to comply with spillage, leakage, litter and odor, and other nuisances
requirements in accordance with Agreement: $250 per instance per day until
resolved within twenty-four (24) hours of the earlier of (i) discovery by the
Contractor, or (ii) notification to the Contractor by the Contract Administrator.
Violation of City Transfer Station permit from the Kansas Department of Health and
Environment and a special use permit from the Johnson County to operate the City
Transfer Station: $500 per calendar day until resolved.
Violations of other permits or licenses required by Applicable Law for Contractor to
operate the Transfer Station: $100 per calendar day until resolved.
Contractor shall be liable for administrative charges upon determination by City that performance
has not occurred consistent with the provisions of the Agreement. City shall notify the Contractor
in writing or electronically of each act or omission in this Agreement reported to or discovered by
City. It shall be the duty of the Contractor to take whatever steps or action may be necessary to
remedy the cause of the complaint.
City may deduct the full amount of any damages from any payment due to the Contractor. The
remedy available to City under this paragraph shall be in addition to all other remedies that City
may have under law or at equity.
SECTION 30: PERFORMANCE BOND.
Contractor shall one month or more prior to Commencement Date, the Contractor shall make,
execute, and deliver to City a good and sufficient Performance Bond in a form reasonably approved
by City, to secure the full, complete and faithful performance of the terms and conditions herein.
Such Performance Bond shall be in the amount of One Million Dollars ($1,000,000.00), and shall
be renewed each year thereafter throughout the term of the Agreement. Upon providing a notice of
termination in accordance with Section 33, below, City may enforce the rights available to it under
the Performance Bond.
Contractor shall ensure the Performance Bond shall be signed by the President or General Officer
of the Contractor, together with the signature of the corporate secretary and the corporate seal.
The surety shall be a surety company duly authorized to do business in the State of Kansas; having
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EXHIBIT 1
an “A” or better rating by A. M. Best or Standard and Poors; included on the list of surety
companies approved by the Treasurer of the United States of America; and acceptable to the City.
SECTION 31: INSURANCE REQUIREMENTS.
31.1 Procure and Maintain Required Insurance. Contractor shall procure, and maintain as
required, insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of this Agreement. The cost of such insurance shall be
included in the Contractor's proposal.
31.2 Coverages and minimum limits.
(a)
Commercial General Liability: [ISO “occurrence” form or its equivalent]
$1,000,000 per occurrence limit and products - completed operations limit. Any
general aggregate limit should be at least $2 million.
(b)
Business Auto Coverage: (Owned, hired and non-owned autos) $1,000,000 per
occurrence limit.
(c)
Workers Compensation and Employers Liability: Workers compensation limits
as required by the statutes of the state of Kansas and employers liability limits of
$500,000/$500,000/$500,000. When workers compensation insurance policy is
applicable “other states” coverage is required.
(d)
Umbrella Liability: minimum limit of $5,000,000 excess of Commercial General
Liability and Automobile Liability.
(e)
Exposure Limits: The above are minimum acceptable coverage limits and do not
infer or place a limit on the liability of the Contractor nor has City assessed the risk
that may be applicable to Contractor. Contractor shall assess its own risks and if it
deems appropriate and/or prudent maintain higher limits and/or broader coverages.
The Contractor’s insurance shall be primary and any insurance or self- insurance
maintained by City shall be excess and not contribute with the coverage maintained
by Contractor.
31.3 Additional Insured. City shall be listed by ISO endorsement or its equivalent as additional
insureds for the project. Any and all coverage available to the named insured is applicable to the
additional insured. The Contractor’s insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's liability.
31.4 Verification of Coverage.
(a)
A certificate of insurance accompanied by an additional insured ISO form
endorsement (CG 20 10; and CG 20 37) or equivalent effecting the coverage required
by City which includes products and completed operations.
(b)
The insurance coverages are to be provided by Kansas admitted insurance companies
with a Best’s rating of at least A-: VII. Those not admitted must be approved by City.
(c)
Any self-insurance or self-insured retentions must be specified on the certificate of
insurance. In addition, the name, address, and telephone number of the claims office
must be indicated on the certificate or separate attached document. Any and all
deductibles or self-insurance in the above describes coverages shall be the
responsibility and at the sole risk of the Contractor. City may require written
guarantees for payment procedures of self-insured losses and related investigations,
claims administration and cost of defense.
(d)
The commercial general liability policy shall not contain an endorsement excluding
contractual or completed operations liability.
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EXHIBIT 1
(e)
(f)
When any of the foregoing insurance coverages are required to remain in force after
final payment, an additional certificate with appropriate endorsements evidencing
continuation of such coverage shall be submitted along with the application for final
payment.
Any coverage provided by a Claims-Made form policy must contain a three year tail
option, extended reporting period, or must be maintained for three years post
contract.
31.5 Cancellation. Each insurance policy required by this clause shall not be suspended, voided,
or canceled by either party; except after thirty (30) calendar days' written notice has been given to
City.
31.6 Subcontractors. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
SECTION 32: FORCE MAJEURE.
Except for any payment obligation by either Party, if City or Contractor is unable to perform, or is
delayed in its performance of any of its obligations under this Agreement by reason of an event of
Force Majeure, such inability or delay shall be excused at any time during which compliance
therewith is prevented by such event and during such period thereafter as may be reasonably
necessary for City or Contractor to correct the adverse effect of such event of Force Majeure.
An event of Force Majeure shall mean the following events or circumstances to the extent that they
delay City or Contractor from performing any of its obligations (other than payment obligations)
under this Agreement:
(a)
Acts of God, tornadoes, hurricanes, floods, fires, and explosions (except those caused
by negligence of Contractor, its agents, or assigns), landslides, earthquakes,
epidemics, quarantine, and pestilence; and
(b)
Acts of public enemy, acts of war, terrorism, effects of nuclear radiation, blockades,
riots, civil disturbances, or national or international calamities.
(c)
Inclement weather which causes the Transfer Station to be closed.
Force majeure shall not include labor unrest (e.g., strikes, lockouts, or other labor disturbances) or
inclement weather which doesn’t cause the Transfer Station to be closed.
In order to be entitled to the benefit of this Section, a Party claiming an event of Force Majeure
shall be required to give prompt written notice to the other Party specifying in detail the event of
Force Majeure and shall further be required to use its best efforts to cure the event of Force
Majeure. The Parties agree that, as to this Section, time is of the essence. Notice of using this
section will also require an estimate of the amount of time needed.
SECTION 33: TERMINATION / DEFAULT.
33.1 Termination for Convenience. This Agreement may be terminated by the City upon thirty
(30) days advance written notice to Contractor; but if any work or service is in progress but not
completed as of the date of termination, then this Agreement may be extended upon written
approval of the City until said work or services are completed and accepted. In the event that the
contract is terminated or cancelled upon request and for the convenience of City, without the
required thirty (30) calendar days advance written notice, then City shall negotiate reasonable
termination costs, if applicable. In no event may Contractor terminate for its convenience.
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EXHIBIT 1
33.2 Termination for Cause. Either party may terminate this Agreement for default on the part of
the other party. The terminating party shall give the other party thirty (30) calendar days written
notice to cure the default, and specify the nature of the default. So long as the party receiving
notice cures the default within said thirty (30) calendar days (or such longer time as may be
reasonable, if the receiving party is diligently pursuing a cure), this Agreement shall not be
terminated. Termination by City for cause, default, or negligence on the part of the Contractor
shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty
(30) calendar days advance notice requirement is waived in the event of termination for cause.
City may terminate this Agreement without notice and liability to Contractor and pursue all of its
legal, contractual and equitable remedies if any of the following events occur:
(a)
The filing of a voluntary petition for bankruptcy by or on behalf of the Contractor,
or the filing of an involuntary petition for bankruptcy relief against the Contractor,
which is not dismissed or otherwise Disposed of to the City’s satisfaction within
thirty (30) calendar days thereafter; or
(b)
The appointment of a receiver of all or any substantial part of its property, and the
failure of such receiver to be discharged within sixty (60) calendar days thereafter.
33.3 Termination Due to Unavailability of Funds. When funds are not appropriated or
otherwise made available to support continuation of performance by the Governing Body of the
City, this Agreement may be cancelled at the discretion of City.
SECTION 34: DISPUTE RESOLUTION.
The parties shall endeavor to settle all disputes under, or relating to, this Agreement by amicable
negotiations. Except as otherwise provided herein, any claim, dispute, disagreement or controversy
that arises among the parties under or relating to this Agreement that is not amicably settled shall
be submitted to mediation. If the parties remain unable to resolve the controversy through
mediation, then the claim, dispute, disagreement or controversy may be resolved by pursuing the
action in the Courts.
SECTION 35: INDEMNIFICATION.
Contractor shall to the fullest extent permitted by law, indemnify, hold harmless and defend City
and all of its agents and employees from and against all claims, damages, losses and expenses,
including but not limited to attorneys' fees arising out of or resulting from the this Agreement,
provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property, and (b) is caused in whole or in
part by any act or omission of the Contractor or anyone directly or indirectly employed by it or
anyone for whose acts it may be liable, regardless of whether it is caused in part by the negligent
act or omission of City or any of its agents and employees.
Notwithstanding the foregoing, the Contractor’s obligation to indemnify City or any of its agents
and employees for any judgment, decree or arbitration award shall extend only to the percentage of
negligence of the Contractor in contributing to such claim, damage, loss and expense. In any and
all claims against City or any of its agents or employees, by any employee of the Contractor, the
indemnification obligation under this paragraph shall not be limited by any limitation on the
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EXHIBIT 1
amount or type of damages, compensation or benefits payable by or for the Contractor under
workers compensation, disability benefits or other employee benefits.
SECTION 36: MISCELLANEOUS.
36.1 Compliance with Laws. Contractor, its officers, agents, employees, contractors, and
subcontractors, shall abide by and comply with Applicable Law including all existing laws and
laws which may be enacted by the federal, state, and local governments. It is expressly agreed that
nothing in this Agreement shall be construed in any manner to abridge the right of City to pass or
enforce necessary police and health regulation for the protection of its inhabitants. It is further
agreed and understood that, if City calls the attention of Contractor to any such violations on the
part of the Contractor, its officers, agents, employees, contractors, or subcontractors, then
Contractor shall immediately desist from such activity and correct such violation.
36.2 Personnel Practices. Contractor must comply with K.S.A. 44-1030 et seq., mandatory
provisions of the Kansas Acts Against Discrimination as applied to state and local government
contracts, which: (1) precludes discrimination against any person in the performance of work under
this contract because of race, religion, color, sex, national origin or ancestry; (2) require
solicitations or advertisements for employees include the phrase "equal opportunity employer"; and
(3) allows City to terminate their contract for default if provisions of the act are violated.
Chapter 2.44 of the Olathe Municipal Code also prohibits discrimination against individuals in the
performance of this Agreement as a matter of concern to City, since such discrimination threatens
not only the rights and privileges of the inhabitants of City, but menaces the institutions and
foundations of a free democratic state. The affirmative action program is designed to ensure a good
faith effort will be made to employ applicants and to treat employees during employment equally
without regard to race, color, creed or religion, physical handicap, national origin or sex.
All vendors who are awarded a Class I Contract ($10,000 or more in aggregate) are required to
complete a Questionnaire on Personnel Practices. Form must be completed and approved by the
City before contract for goods or services is in effect. Approved vendors will be issued a
certification number by the City. Certification must be renewed annually.
The City of Olathe actively supports the Immigration & Nationality Act (INA) which includes
provisions addressing employment eligibility, employment verification, and nondiscrimination.
Under the INA, employers may hire only persons who may legally work in the United States (i.e.
citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must
verify the identity and employment eligibility of anyone to be hired, which includes completing the
Employment Eligibility Verification Form (I-9). Contractor shall establish appropriate procedures
and controls so no services or products in response to this IFB will be performed or manufactured
by any worker who is not legally eligible to perform such services or employment.
36.3 Assignment. Contractor is prohibited from assigning, transferring, conveying, subcontracting
or otherwise disposing of this Agreement, or its rights, title or interest therein, or its power to
execute such Agreement to any other person, agent, broker, company or corporation without the
expressed written consent of City, which consent shall not be unreasonably withheld, conditioned
or delayed.
36.4 W-9 Requirement. The City of Olathe requires a Form W-9 (Request for Taxpayer
Identification Number and Certification), updated annually, from all contractors that do business
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EXHIBIT 1
with the City of Olathe. The Form W-9 verifies the Tax Identification Number of the Contractor in
order that City can correctly report to the IRS all funds paid to the Contractor. Form W-9 can also
be found at http://www.irs.gov/pub/irs- pdf/fw9.pdf. No payment shall be made to Contractor
without a current W-9 form being received by the City of Olathe.
36.5 Titles, Subheads and Capitalization. Title and subheadings as used herein are provided
only as a matter of convenience and shall have no legal bearing on the interpretation of any
provision of this Agreement. Some terms are capitalized throughout this Agreement but the use of
or failure to use capitals shall have no legal bearing on the interpretation of such terms.
36.6 Governing Law. This Agreement shall be interpreted under and governed by the laws of the
State of Kansas. Venue for any action shall be in Johnson County, Kansas.
36.7 Severability. Should any portion of this Agreement be deemed invalid or unenforceable to
any extent, the Parties hereto agree that such provision shall be amended to the minimum extent
necessary to make such provision enforceable, and the remainder of this Agreement shall not be
affected thereby.
36.8 Attorney Fees and Court Costs. In the event suit is filed by either party as a result of the
performance or non-performance of the terms set forth in this Agreement the prevailing party shall
recover it attorney fees and court costs.
36.9 Notices. All notices or other communications required or permitted to be given pursuant to
this Agreement shall be in writing and shall be considered as properly given (i) if mailed by first
class United States mail, postage prepaid, registered or certified with return receipt requested, (ii)
by delivering same in person to the intended addressee, (iii) by delivery to an independent third
party commercial delivery service for same day or next day delivery and providing for evidence of
receipt at the office of the intended addressee, or (iv) by prepaid telegram, telex, or facsimile to the
addressee. Notice so mailed shall be effective upon its deposit with the United States Postal Service
or any successor thereto; notice sent by such a commercial delivery service shall be effective upon
delivery to such commercial delivery service; notice given by personal delivery shall be effective
only if and when received by the addressee; and notice given by other means shall be effective only
if and when received at the office or designated place or machine of the intended addressee.
Notwithstanding anything contained herein to the contrary, any notice of default under this
agreement must be both (i) mailed by Certified Mail, Return Receipt Requested and (ii) faxed to
the alleged defaulting party to constitute proper notice hereunder. For purposes of notice, the
addresses of the parties shall be as set forth below; provided, however, that either party shall have
the right to change its address for notice hereunder to any other location within the continental
United States by the giving of thirty (30) calendar days' notice to the other party in the manner set
forth herein.
If to the City, at:
___________________________
___________________________
___________________________
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EXHIBIT 1
With a copy to:
City of Olathe
Attn: City Attorney
P.O. Box 768
Olathe, KS 66051-0768
If to the Contractor at:
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
Attn: ______________________
with a copy to:
or such other addresses as the parties may hereafter specify by written notice delivered in
accordance herewith.
36.10 Entire Agreement and Amendments. This Agreement and all other documents and
exhibits included by reference herein, constitutes the entire Agreement between the parties and
supersedes all prior agreements, whether oral or written, covering the same subject matter. This
Agreement may not be modified or amended except in writing mutually agreed to and accepted by
both Parties to this Agreement.
36.11 Ambiguity. If any ambiguity, inconsistency or conflict arises in the interpretation of this
Agreement, the same shall be resolved by reference first to the terms and conditions of this
Agreement and any exhibits attached hereto.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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EXHIBIT 1
The parties hereto have caused this Agreement to be executed in triplicate as of the
Effective Date.
CITY OF OLATHE, KANSAS
By:
ATTEST:
Michael E. Copeland, Mayor
________________________________
Donald T. Howell, City Clerk
_________________________________
Ronald R. Shaver, City Attorney
DEFFENBAUGH INDUSTRIES, INC.
By:
_____________________________
_____________________________
(INSERT CONTRACTOR PRINCIPAL &
TITLE)
25
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EXHIBIT 1
EXHIBIT A
TRANSITION PLAN
The Contractor is responsible for preparation of the Transition Plan. The Transition Plan will 1)
identify key milestones and regular meetings with the City, and 2) establish minimum requirements
of the Contractor prior to the Commencement Date. If Contractor fails to fully and completely
transition in accordance with the Agreement and this Transition Plan, Contractor acknowledges that
all equitable remedies, legal remedies and remedies pursuant to this Agreement are available to
City.
The Transition Plan must detail (but is not limited to) the following:
(i) The process to transition Transfer Station Operating Services and/or Disposal Services to
Contractor upon the Commencement Date;
(ii) The transition from Contractor to subsequent person(s), entities or City or its
representatives providing Transfer Station Operating Services and/or Disposal Services upon
expiration of the initial term or optional renewal term; and,
(iii) The transition from Contractor to subsequent person(s), entities, or its representative
providing Transfer Station Operating Services and/or Disposal Services upon termination of the
Agreement.
GENERAL PLAN GUIDE & KEY MILESTONES
Schedule of Transition Meetings between Contractor Site Manager and City Solid Waste Manager
(Contract Administrator):
Establish planning dates and adjustments (pre & post implementation)
Confirm reporting timeframes, dates and format
Coordination with current Transfer Station contractor
Acquisition / transfer of Operating Permits:
KDHE permit application including (operating plan) submitted to KDHE by July 1, 2015
Johnson County permit application submitted to JCED by July 1, 2015
Recordkeeping and Reporting:
Provide samples/templates of the following reports by September 1, 2015:
Monthly reports
Annual reports
Performance Bond
Provide required performance bond by September 1, 2015
Insurance
Provide required insurance certificates by October 1, 2015
Identification of Transfer Station site personnel:
Site Manager by June 1, 2015
Site Operating Personnel (2) by September 1, 2015
On-site training plan - completed by September 30, 2015
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EXHIBIT 1
Contractor Equipment: and verification of specifications/size, model and year:
Transfer Tractors (2 minimum)
Transfer Trailers (5 minimum)
Rubber-tire Loader (1)
Yard Tractor (1)
Confirmation of Utility Service account transfer to contractor (to be completed by October 1,
2015):
Water/Sewer
Electric Service
Phone Service
Contractor Commences Operation of Transfer Station at 12:01am on October 1, 2015
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EXHIBIT 1
EXHIBIT B
FEES
TRANSFER STATION OPERATING SERVICES AND DISPOSAL SERVICES FEE
JOHNSON COUNTY LANDFILL DISPOSAL SITE:
$27.43 per ton*
DISPOSAL FEE FOR SOLID WASTE DIRECTLY HAULED TO THE
JOHNSON COUNTY LANDFILL DISPOSAL SITE:
$16.50 per ton*
(*Inclusive of any and all taxes, fees and costs for provision of Transfer Station Operation and
Disposal Services. The per-ton fees shall be adjusted on an annual basis based on annual
adjustments set forth in this Agreement.)
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EXHIBIT 2
COUNCIL AGENDA ITEM
AD-A
Department:
Legal
Staff Contact:
Ron Shaver; Rrachelle Breckenridge
Subject:
Consideration of Ordinance No. 15-23 amending Title 7 – Liquor Laws.
Key Result Area:
Public Safety
Executive Summary: This item was presented as a report on the February 17, 2015 City Council
agenda and for consideration of adoption on the March 3, 2015 City Council agenda.
After a brief discussion during the March 3, 2015 City Council meeting, staff was asked to explain the
“knowingly or unknowingly permit” language contained in 7.02.100. 7.02.100 tracks the language in
KSA 41-2615. The civil penalty against the license holder/employer encourages the license
holder/employer to be more responsive to training and ensuring that the employees are complying
with the law. If the “unknowingly” language were removed, then many license holders/employers
would avoid being accountable because the license holders/employers are typically not on the
premises when an employee provides alcohol or cereal malt beverage to a minor.
Currently, the Municipal Code only provides criminal penalties for employees who provide alcohol or
cereal malt beverages to minors. Title 7 does not provide a penalty against a licensee/employer for
an employee’s violation of a liquor law. The proposed amendments address concerns raised by staff
and citizens involved in the Communities that Care (“CTC”) initiative that the Code does not have
adequate penalty provisions for license holders who allow alcohol or cereal malt beverages to be
consumed or possessed by minors or furnished to minors on their licensed premises. CTC believes
that if the employer is at risk for a financial penalty when an employee provides alcohol to a minor,
then the employer may be more responsive to creating an environment that encourages the
employees to complying with the liquor laws.
Police Department and Prosecutor’s Office staff has indicated that from the law enforcement and
prosecutorial perspective it is more logical to add alcohol-related civil offenses which can result in
revocation or suspension of a license in Title 7, and for all alcohol-related criminal offenses to be set
forth in Title 9 (the Public Offense Code).
A summary of the changes is attached as Exhibit A, and changes are shown in blue. The proposed
amendments are attached as Exhibit B, and changes are shown in blue and deletions are shown in
red. The Kansas statute which prohibits a licensee from permitting possession of alcoholic liquor or
cereal malt beverage by a minor is attached as Exhibit C.
Fiscal Impact:
N/A
Liquor Laws.
Attachments:
Exhibit
Exhibit
Exhibit
A
B
C
Adopt Ordinance No. 15-23 amending Title 7 –
Summary of Proposed Ordinance Amendments
Proposed Ordinance Amendments
KSA 41-2615
EXHIBIT A
SUMMARY OF
OLATHE MUNICIPAL CODE AMENDMENTS
TITLE 7
The changes by section include:
7.02.010 Definitions.
Addition of definition of “Licensee” which provides “any person
who applies for and receives a license which allows the licensee to sell alcoholic liquor or
cereal malt beverages.”
7.02.040 Consumption on Public Property. This section was moved from Title 7 to Title
9 because it has criminal rather than civil enforcement procedures.
7.02.050 Possession on Public Property. This section was moved from Title 7 to Title
7.02.060 Consumption on Private Property – Exceptions. This section was moved
from Title 7 to Title 9 because it has criminal rather than civil enforcement procedures.
7.02.070 Possession on Private Property. This section was moved from Title 7 to Title
7.02.080 Sale of Liquor to Incapacitated or Intoxicated Person.
This section was
moved from Title 7 to Title 9 because it has criminal rather than civil enforcement
procedures.
7.02.100 Furnishing Alcohol or Cereal Malt Beverage to a Minor. Revised language
to clarify that licensees and/or permit holders cannot knowingly or unknowingly allow the
possession or consumption of alcoholic liquor or cereal malt beverages by a minor on the
licensed premises.
7.02.110 Open Saloon. This section was moved from Title 7 to Title 9 because it has
criminal rather than civil enforcement procedures.
7.16.010 Suspension or Revocation of License. Removed the Governing Body from
the license revocation or suspension process and added the Police Chief or designated
representative to the process.
7.16.030 Notice of Hearing. Removed the Governing Body from the license revocation
or suspension process and added the Police Chief or designated representative to the
process.
7.16.050 Findings of Fact - Order. Removed the Governing Body from the license
revocation or suspension process and added the Police Chief or designated
representative to the process.
EXHIBIT A
7.16.070 Appeal. Added language providing the licensee a right of appeal to the City
Manager or designated representative, if the Police Chief or designated representative
issues an order suspending or revoking the license. Addition of language providing the
licensee a right of appeal to the Johnson County District Court, if the City Manager or
designated representative issues an order upholding the suspension or revocation of the
license.
7.18.010 Penalty. Added language concerning applicability of the penalty to a licensee
consistent with other penalties in Title 7.
EXHIBIT B
ORDINANCE NO. 15-23
AN ORDINANCE AMENDING TITLE 7 OF THE OLATHE MUNCIPAL CODE;
SECTION 7.02.010 PERTAINING TO DEFINITIONS; SECTION 7.02.100
PERTAINING TO FURNISHING ALCOHOL OR CEREAL MALT BEVERAGE
TO A MINOR; SECTION 7.16.010 PERTAINING TO SUSPENSION OR
REVOCATION OF LICENSE; SECTION 7.16.020 PERTAINING TO
COMPLAINT; SECTION 7.16.030 PERTAINING TO NOTICE OF HEARING;
SECTION 7.16.050 PERTAINING TO FINDINGS OF FACT - ORDER; SECTION
7.16.070 PERTAINING TO APPEAL; AND SECTION 7.18.010 PERTAINING TO
PENALTY; AND REPEALING THE EXISTING SECTIONS; AND FURTHER
REPEALING SECTION 7.02.040 PERTAINING TO CONSUMPTION ON
PUBLIC PROPERTY; SECTION 7.02.050 PERTAINING TO POSSESSION ON
PUBLIC PROPERTY; SECTION 7.02.060 PERTAINING TO CONSUMPTION
ON PRIVATE PROPERTY - EXCEPTIONS; SECTION 7.02.070 PERTAINING
TO POSSESSION ON PRIVATE PROPERTY; SECTION 7.02.080
PERTAINING TO SALE OF LIQUOR TO INCAPACITATED OR INTOXICATED
PERSONS; AND SECTION 7.02.110 PERTAINING TO OPEN SALOON.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OLATHE,
KANSAS:
SECTION ONE: Section 7.02.010 of the Olathe Municipal Code is hereby
amended to read as follows:
“7.02.010 Definitions. As used in this Ttitle, the words and phrases herein
defined shall have the following meanings:
"Alcoholic Liquor" includes the four varieties of liquor; namely,
alcohol, spirits, wine and beer, and every liquid or solid, patented or not
containing alcohol, spirits, wine or beer, capable of being consumed as a
beverage by a human being, but shall not include cereal malt beverage.
"Caterer" means an individual, partnership or corporation licensed
pursuant to Article 26 of Chapter 41 of the Kansas Statutes Annotated which
sells alcoholic liquor by the individual drink, and provides services relating to
the serving thereof, on unlicensed premises which may be open to the
public, but does not include a holder of a temporary permit, selling alcoholic
liquor in accordance with the terms of such permit.
"Cereal Malt Beverage" means any fermented but undistilled liquor
brewed or made from malt or from a mixture of malt substitute, but does not
include any such liquor which is more than three and two‐tenths percent
EXHIBIT B
(3.2%) alcohol by weight.
"Class A Club" means a premises licensed pursuant to Article 26 of
Chapter 41 of the Kansas Statutes Annotated and which is owned or leased by
a corporation, partnership, business, trust or association and which is
operated thereby as a bonafide non‐profit social, fraternal or war veterans'
club, as determined by the director of Alcohol Beverage Control of the Kansas
Department of Revenue, for the exclusive use of the corporate stockholders,
partners, trust beneficiaries or associates (hereinafter referred to as
members) and their families and guests accompanying them.
"Class B Club" means a premises licensed pursuant to Article 26 of
Chapter 41 of the Kansas Statutes Annotated and which is operated for profit
by a corporation, partnership or individual, to which members of such club
may resort for the consumption of food or alcoholic beverage and for
entertainment.
"Club" means a Class A or Class B Club.
"Club and Drinking Establishment Act" means the provisions of Article
26 of Chapter 41 of the Kansas Statutes Annotated and any amendments
thereto.
"Drinking Establishment" means premises licensed pursuant to Article
26 of Chapter 41 of the Kansas Statutes Annotated and which may be open to
the general public, where alcoholic liquor by the individual drink is sold.
“Individual Drink” means a beverage containing alcoholic liquor or
cereal malt beverage served to an individual for consumption by such
individual or another individual, but which is not intended to be consumed by
two or more individuals. The term “individual drink” includes beverages
containing not more than: (1) Eight ounces of wine; (2) thirty‐two ounces of
beer or cereal malt beverage; or (3) four ounces of a single spirit or a
combination of spirits.
“Legal Age of Consumption of Cereal Malt Beverages” means
twenty‐one (21) years of age; except that “Legal Age of Consumption for
Cereal Malt Beverage” shall mean eighteen (18) years of age if at any time the
provisions of PL98‐363 penalizing states for permitting persons under
twenty‐one (21) years of age to consume cereal malt beverage are repealed
or otherwise invalidated or nullified.
“Licensee” is any person who applies for and receives a license which
allows the licensee to sell alcoholic liquor or cereal malt beverages. EXHIBIT B
"Person" includes any natural person, corporation, partnership or
association.
“Place of Business” means any place at which alcoholic liquor or
cereal malt beverages are sold.
“Premises” means the specific area described in the license
application and approved as the location upon which the cereal malt
beverages and/or alcoholic liquor may be sold and/or consumed under the
license.
"Retailer" means a person who sells, or offers for sale, alcoholic
liquors or cereal malt beverages for use and consumption and not for resale
in any form.
"Sale" means any transfer, exchange or barter in any manner or by any
means whatsoever for a consideration, and included and means all sales
made by any person, whether principal, proprietor, agent, servant or
employee.
“Sample’’ means a serving of alcoholic liquor which contains not more
than: (1) One‐half ounce of distilled spirits; (2) one ounce of wine; or (3) two
ounces of beer or cereal malt beverage. A sample of a mixed alcoholic
beverage shall contain not more than one‐half ounce of distilled spirits.
“School” – means any institution of learning, whether public or
private. This definition includes, but is not limited to, a nursery school,
kindergarten, elementary school, junior high school, senior high school,
college and university. However, for the purposes of this Ttitle, any
institution of learning whether public or private located within a typically
enclosed mall with a climate‐controlled walkway between two facing strips
of stores, or the facility located at 1400 West Santa Fe, will not be considered
a school.
"Temporary Permit" means a temporary permit issued pursuant to
Article 26 of Chapter 41 of the Kansas Statutes Annotated.
"To Sell" includes to solicit or receive an order for, to keep or expose
for sale and to keep with intent to sell.”
SECTION TWO: Section 7.02.040 of the Olathe Municipal Code is hereby
repealed:
“7.02.040 Consumption on Public Property.
3
EXHIBIT B
A. It shall be unlawful for any person to drink or consume alcoholic
liquor or cereal malt beverages upon the public streets, alleys, roads or
highways or inside vehicles while on the public streets, alleys, roads or
highways.
B. It shall be unlawful for any person to drink or consume any
alcoholic liquor or cereal malt beverages on City‐owned property. However,
this prohibition shall not apply to the Mahaffie House and Farmstead, which
is located on property owned by the City legally described as Tracts A and B,
MAHAFFIE HOUSE ADDITION, a subdivision in the City of Olathe, Johnson
County, Kansas, according to the recorded plat thereof, to the Heritage
Center, which is located on property owned by the City legally described as
Lot 1, MAHAFFIE HOUSE EAST ADDITION, a subdivision in the City of Olathe,
Johnson County, Kansas, according to the recorded plat thereof, or to the
Olathe Community Center, which is located on property owned by the City
legally described as Lot 1, KANSAS CITY ROAD PARK SOUTH, a subdivision in
the City of Olathe, Johnson County, Kansas, according to the recorded plat
thereof, if such real property is actually being used in association with a
City‐issued caterer or temporary event permit, or on real property leased by
the City to others under the provisions of K.S.A. 12‐1740 through 12‐1749, and
amendments thereto, if such real property is actually being used for hotel or
motel purposes, or purposes incidental thereto.
C. Upon a conviction, plea of no contest, or guilty plea for violation of
this section by a person 18 or more years of age but less than 21 years of age,
the municipal judge shall order such person to submit to and complete an
alcohol and drug evaluation by a community based alcohol
and drug safety action program certified pursuant to K.S.A. 8‐1008 and
amendments thereto and to pay a fee not to exceed the fee established by
that statute for such evaluation. If the judge finds that person is indigent, the
fee may be waived.
D. Violation of any provision of this section is an Unclassified Public
Offense, punishable by a fine of not less than $50 or more than $200 or by
imprisonment for not more than six months, or both.” SECTION THREE: Section 7.02.050 of the Olathe Municipal Code is hereby
repealed:
“7.02.050 Possession on Public Property.
A. It shall be unlawful for any person to have in his possession any
open container of alcoholic liquor or cereal malt beverage upon the public
streets, alleys, roads or highway.
4
EXHIBIT B
B. It shall be unlawful for any person to have in his possession any
open container of alcoholic liquor or cereal malt beverage on City‐owned
property. However, this prohibition shall not apply to the Mahaffie House and
Farmstead, which is located on property owned by the City legally described
as Tracts A and B, MAHAFFIE HOUSE ADDITION, a subdivision in the City of
Olathe, Johnson County, Kansas, according to the recorded plat thereof, to
the Heritage Center, which is located on property owned by the City legally
described as Lot 1, MAHAFFIE HOUSE EAST ADDITION, a subdivision in the City
of Olathe, Johnson County, Kansas, according to the recorded plat thereof, or
to the Olathe Community Center, which is located on property owned by the
City legally described as Lot 1, KANSAS CITY ROAD PARK SOUTH, a subdivision
in the City of Olathe, Johnson County, Kansas, according to the recorded plat
the City to others under the provisions of K.S.A. 12‐1740
through 12‐1749, and amendments thereto, if such real property is actually
being used for hotel or motel purposes, or purposes incidental thereto.
C. Upon a conviction, plea of no contest, or guilty plea for violation of
alcohol and drug evaluation by a community based alcohol
and drug safety action program certified pursuant to K.S.A. 8‐1008 and
amendments thereto and to pay a fee not to exceed the fee established by
that statute for such evaluation. If the judge finds that person is indigent, the
fee may be waived.”
SECTION FOUR: Section 7.02.060 of the Olathe Municipal Code is hereby
repealed:
“7.02.060 Consumption on Private Property‐‐Exceptions. It shall be unlawful
for any person to consume or drink alcoholic liquor or cereal malt beverage
on private property except:
(a) On premises where the sale of liquor or cereal malt beverage by
the individual drink is
authorized by the Club and Drinking Establishment Act and this title;
(b) Upon private property by a person occupying such property as an
owner or lessee of an owner and by the guests of such person, if no charge is
made for the serving or mixing of any drink or drinks of alcoholic liquor or
cereal malt beverage, or for any substance mixed with any alcoholic liquor or
cereal malt beverage and if no sale of alcoholic liquor in violation of K.S.A.
41‐803 or cereal malt beverage in violation of K.S.A. 41‐2704, and
amendments thereto, takes place;
5
EXHIBIT B
(c) In a private dining room of a hotel, motel or restaurant, if the
dining room is rented or made available on a special occasion to an individual
or an organization for a private party and if no sale of alcoholic liquor in
violation of K.S.A. 41‐803 or cereal malt beverage in violation of
K.S.A. 1988 Supp. 41‐308b, and amendments thereto, takes place; or
(d) On the premises of a microbrewery or farm winery, if authorized
by K.S.A. 41‐803a or K.S.A. 41‐308b.
(e) Upon a conviction, plea of no contest, or guilty plea for violation of
alcohol and drug evaluation by a community based alcohol and drug safety
action program certified pursuant to K.S.A. 8‐1008, and amendments, thereto
and to pay a fee not to exceed the fee established by that statute for such
evaluation. If the judge finds
that person is indigent, the fee may be waived.”
SECTION FIVE: Section 7.02.070 of the Olathe Municipal Code is hereby
repealed:
“7.02.070 Possession on Private Property. It shall be unlawful for any person
to have in his possession any open alcoholic liquor or cereal malt beverage on
private property, except:
(a) On premises where the sale of liquor or cereal malt beverage by
the individual drink is authorized by the Club and Drinking Establishment Act;
(b) Upon private property by a person occupying such property as an
owner or lessee of an owner or by the guests of such person, if no charge is
cereal malt beverage, or for any substance mixed with
alcoholic liquor or cereal malt beverage and if no sale of alcoholic liquor in
violation of K.S.A. 41‐803 or cereal malt beverage in violation of K.S.A.
41‐2704, and amendments thereto, takes place;
(c) In a lodging room of any hotel, motel or boarding house by the
person occupying such room and by the guest of such person, if no charge is
6
EXHIBIT B
(d) In a private dining room of a hotel, motel or restaurant, if the
violation of K.S.A. 41‐803 or cereal malt beverage in violation of K.S.A. 41‐2704
and amendments thereto, takes place; or (e) On the premises of a microbrewery or farm winery, if authorized
by K.S.A. 41‐308a or K.S.A. 41‐308b, and amendments thereto.
(f) Upon a conviction, plea of no contest, or guilty plea for violation of
action program certified pursuant to K.S.A. 8‐1008, and amendments thereto,
evaluation. If the judge finds that person is indigent, the fee may be waived.” SECTION SIX: Section 7.02.080 of the Olathe Municipal Code is hereby repealed:
“7.02.080 Sale of Liquor to Incapacitated or Intoxicated Person.
It shall be unlawful for any person to knowingly sell, give away, dispose of,
exchange or deliver, or permit the sale, gift or procuring of any alcoholic
liquor or cereal malt beverage, to any person who is an incapacitated person,
or any person who is physically or mentally incapacitated by the consumption
of such alcoholic liquor or cereal malt beverage.” SECTION SEVEN: Section 7.02.100 of the Olathe Municipal Code is hereby
“7.02.100 Furnishing Alcohol or Cereal Malt Beverage to a Minor. Permitting
Possession or Consumption of Alcohol or Cereal Malt Beverage on Licensed
Premises by a Minor Prohibited.
A. No licensee or permit holder, or any owner, officer or employee
thereof, shall knowingly or unknowingly permit the possession or
consumption of alcoholic liquor or cereal malt beverage by a minor on
premises where alcoholic beverages are sold by such licensee or permit
holder, except that a licensee's or permit holder's employee who is not
less than 18 years of age may serve alcoholic liquor or cereal malt
beverage under the on-premises supervision of the licensee or permit
holder, or an employee who is 21 years of age or older.
It shall be a violation of this section for any licensed retailer, club, drinking
establishment or caterer or holder of a temporary permit, or an employee
thereof to:
7
EXHIBIT B
A. Furnish alcoholic liquor or cereal malt beverage directly or
indirectly, sell to, buy for, give or furnish any alcoholic liquor or cereal malt
beverage to any person under the age of 21 years.
B. Except as provided by subsections C and D, furnishing alcoholic
liquor or cereal malt beverage to any person under 21 years of age B. is a Class A Public Offense for which Tthe minimum penalty shall
be:
1. Upon a first violation, a fine of Two Hundred Fifty Dollars
($250.00);
2. Upon a second violation, charged within a three (3) year
period of a prior violation, a fine of Five Hundred Dollars ($500.00);
3. Upon a third violation, charged within a three (3) year
period of a prior violation, a fine of Seven Hundred Fifty Dollars
($750.00), and
4. Upon a fourth violation, charged within a three (3) year
period of a prior violation, a fine of One Thousand Dollars ($1,000.00)
and revocation of City license.
5. The three (3) year time period is calculated from the date
the Police Chief or designated representative issues an order that a
first violation occurred. Any violation charged during the ensuing
three (3) year time period (irrespective of the date the Police Chief or
designated representative issues the order that another violation has
occurred) is calculated towards the enhanced penalty. C. C. It shall be a defense to a prosecution civil fine under this section
if:
1. The defendant licensee or permit holder, or any owner,
officer or employee sold permitted the minor to possess or consume the alcoholic liquor or cereal malt beverage to the minor with
reasonable cause to believe that the minor was 21 or more years of
age; and
2. To possess or consume purchase the alcoholic liquor or
cereal malt beverage, the minor exhibited to the defendant licensee
or permit holder, or any owner, officer or employee a draft card,
driver's license, birth certificate or other official or apparently official
8
EXHIBIT B
document purporting to establish that such minor was 21 or more
years of age.
D. D. This section shall not apply to the furnishing of cereal malt
beverage by a parent or legal guardian to such parent's child or such
guardian's ward.” SECTION EIGHT: Section 7.02.110 of the Olathe Municipal Code is hereby
repealed:
“7.02.110 Open Saloon.
(a) It is unlawful for any person to own, maintain, operate or conduct,
either directly or indirectly, an open saloon.
(b) For the purpose of this section, the words "Open Saloon" mean
any place, public or private, where alcoholic liquor is sold or offered or kept
for sale by the drink or in any quantity of less than one hundred millimeters
(3.4 fluid ounces) or sold or offered or kept for sale for consumption on the
premises where sold, but does not include any premises where the sale of
liquor is authorized by the Club and Drinking Establishment Act or this title.”
SECTION NINE: Section 7.16.010 of the Olathe Municipal Code is hereby
“7.16.010 Suspension or Revocation of License and/or Imposition of Civil Fine.
A. The City Clerk shall immediately suspend or revoke the license of
any licensee whenever the state license of the licensee is suspended or
revoked by the state for any reason.
B. The Governing Body Police Chief or designated representative upon five (5) days written notice to the licensee, after conducting a hearing, shall will suspend or revoke such license and/or impose a civil fine against
the licensee for the following reasons:
1. If the licensee has fraudulently obtained the license by
giving false information in the application therefor or any hearing
thereon.
2. If the licensee has become ineligible to obtain a license
under this Ttitle.
3. The nonpayment of any license fee payable pursuant to
this Chapter.
4. For failure to maintain sufficient records to determine the
percentage of gross business obtained from the sale of cereal malt
9
EXHIBIT B
beverages or alcoholic liquor.
5. For failure to permit the inspection of such records at all
times during business hours by proper agents of the City.
6. If the licensee, manager, employee, agent, entertainer or
performer is convicted of any of the following public offenses,
including conspiracy or attempt, if the offense was committed upon
the licensed premises:
6.06.040 Unlawful Acts.
6.18.040 Prohibited Acts.
9.04.010 Assault.
9.04.020 Assault of a Law Enforcement Officer.
9.04.030 Battery.
9.04.040 Battery against a Law Enforcement Officer.
9.04.050 Unlawful Interference with a Firefighter or a Person Who Provides Emergency Medical Treatment.
9.04.060 Terroristic Threat.
9.04.070 Interference with Parental Custody.
9.04.090 Criminal Restraint.
9.04.110 Extortion.
9.05.020 Lewd and Lascivious Behavior.
9.05.060 Prostitution.
9.05.070 Promoting Prostitution.
9.05.080 Patronizing a Prostitute.
9.05.090 Criminal Sodomy.
9.05.100 Sexual Battery.
9.05.110 Soliciting for Immoral Purposes.
9.06.010 Endangering a Child.
9.06.020 Furnishing Alcoholic Liquor or Cereal Malt Beverage to a Minor.
9.06.040 Contributing to a Child’s Misconduct or Deprivation.
9.07.010 Theft.
9.07.030 Theft of Lost or Mislaid Property.
9.07.040 Theft of Services.
9.07.060 Criminal Deprivation of Property.
9.07.070 Fraudulently Obtaining Execution of a Document.
9.07.080 Criminal Damage to Property.
9.07.090 Criminal Trespass.
9.07.170 Criminal Use of a Financial Card.
9.07.180 Unlawful Manufacture or Disposal of False Tokens.
9.07.200 Automobile Master Key Violation.
9.07.250 Theft of Cable Television Services.
9.07.260 Tampering with Utility Equipment or Service.
9.08.030 Obstructing Legal Process or Official Duty.
9.08.040 Disobeying the Lawful Order of a Police Officer.
9.08.050 Failure to Obey Citation.
10
EXHIBIT B
9.08.070 Failure to Appear.
9.08.090 Falsely Reporting a Crime or Public Offense.
9.08.180 Resisting Arrest.
9.08.190 Possession of False Identification Documents.
9.10.040 Denial of Civil Rights.
9.11.010 Disorderly Conduct.
9.11.040 Riot.
9.11.060 Maintaining a Public Nuisance.
9.11.070 Permitting a Public Nuisance.
9.11.090 Giving a False Alarm.
9.11.120 Harassment by Telephone.
9.11.150 Unlawful Neighborhood Disturbance.
9.11.180 Keeping Disorderly Premises.
9.12.020 Criminal Use of Weapons.
9.12.030 Criminal Disposal of Firearms.
9.12.040 Criminal Possession of a Firearm.
9.12.050 Unlawful Discharge of Firearms.
9.12.060 Air Gun, Air Rifle, Bow and Arrow, Slingshot.
9.12.160 Carrying Concealed Explosives.
9.13.010 Promoting Obscenity.
9.13.020 Prohibition of Sex Bookstores, Coin‐operated Motion Picture Devices Showing Sex Movies, and Eating or Drinking Establishments Featuring Nude or Semi‐nude Dancers, Strippers or Similar Entertainment.
9.13.030 Promoting Obscenity to Minors.
9.13.033 Material or Performances Harmful to Minors.
9.13.035 Promoting Sexual Performance by a Minor.
9.13.050 Gambling.
9.13.060 Illegal Bingo Operation.
9.13.070 Commercial Gambling.
9.13.080 Permitting Premises to be Used for Commercial Gambling.
9.13.110 Public Indecency.
9.14.070 Obstructing Streets or Sidewalks.
9.14.130 Alcohol without Liquid Prohibited.
9.15.030 Knowingly Employing an Illegal Alien.
9.16.040 Police Communication.
9.17.010 Possession of Marijuana, Controlled Substances; Penalties.
9.17.030 Use or Possession of Simulated Controlled Substances and Drug Paraphernalia, Penalties.
7. If the licensee, manager, employee or agent has violated any of
the provisions of this Chapter;
8. Drunkenness of a person holding such license, drunkenness of
licensee’s manager or employee while on the premises for which said license
is issued, or for a licensee whose manager or employee permits any
intoxicated person to remain in such place selling alcoholic liquor;
11
EXHIBIT B
9. The sale or gift of cereal malt beverage or alcoholic liquor to a
minor by a licensee, manager or employee;
10. If the licensee or manager or employee or agent, has knowingly
permitted any disorderly person to remain on premises where cereal malt
beverage or alcoholic liquor is sold by such licensee;
11. For employing a person who has been adjudged guilty of a felony,
a violation of an offense involving a morals charge, or a violation of
intoxicating liquor or drug law. The Chief of Police may require any employee
of a licensee to submit to fingerprinting to determine if a violation of this
section has occurred, and the failure of an employee to submit to
fingerprinting if required by the Chief of Police shall be prima facie evidence
that the employee is ineligible for employment under the provisions of this
section; or
12. For knowingly selling or providing alcoholic liquor to any person
who is intoxicated.
13. Determination that private club or drinking establishment is a
habitual public nuisance as defined by Section 7.02.180 of this Chapter.” SECTION TEN: Section 7.16.020 of the Olathe Municipal Code is hereby
“7.16.020 Complaint. Whenever the Police Chief has reason to believe that
the licensee has violated any of the provisions of this Ttitle, he or she shall will file a written complaint, specifically setting forth the violations of, with
the Governing Body Police Chief or designated representative. Such
complaint shall will be substantially the following form:
BEFORE THE GOVERNING BODY POLICE CHIEF OR DESIGNATED
REPRESENTATIVE OF THE CITY OF OLATHE, KANSAS:
In the matter of the Suspension or Revocation and/or Imposition of a Civil
Fine Against of the Licensee of __________________ No. __________.
COMPLAINT
Pursuant to the provisions of Section __________ of the Olathe Municipal
Code, I, the undersigned, Police Chief for the City of Olathe, Kansas, having
reason to believe that _____________________, hereinafter referred to as "
Respondent licensee", has violated the provisions of said Section
___________ and that a hearing on such violation would be in the public
interest, hereby issue this Complaint and state the reason for such issuance
to be as follows:
1. Violation was _______________________.
12
EXHIBIT B
2. Date of violation was________________, _____.
3. Facts of the violation
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________.
WHEREFORE, this Complaint requests that (__) the license issued to this licensee be suspended or (__) the license issued to this licensee be revoked
(__) a fine be imposed against the licensee.
DATED this _________ day of __________, ____.
__________________________
POLICE CHIEF
STATE OF ____________________)
) SS.
COUNTY OF __________________)
Subscribed and sworn to before me, a Notary Public this _______________day
of ________________, ____.
__________________________
Notary Public
My Appointment Expires:
____________________”
SECTION ELEVEN: Section 7.16.030 of the Olathe Municipal Code is hereby
“7.16.030 Notice of Hearing. If, by a majority vote, the Police Chief or
designated representative Governing Body finds that there are reasonable
grounds to believe that the licensee has violated the provisions of this Ttitle,
13
EXHIBIT B
the Governing Body Police Chief or designated representative shall will set
the matter for hearing by issuing and serving a notice upon the licensee. Such
notice shall will be in writing, shall will state the charges or complaints the licensee is called upon to answer, shall will state the date, time and place
where the hearing will be held and shall will be served personally or by
mailing the same to the address designated in the license by certified mail,
postage prepaid, return receipt requested. Such notice shall will be in
substantially the following form:
BEFORE THE POLICE CHIEF OR DESIGNATED REPRESENTATIVE GOVERNING
BODY OF THE CITY OF OLATHE, KANSAS:
In the Matter of the Suspension or Revocation of the License of
_______________ No. _________ and/or Imposition of a Fine Against the
Licensee of ________________ No. ______________.
NOTICE
You are hereby notified that a Complaint has been filed with the Governing Body Police Chief or designated representative of the City of
Olathe, Kansas, alleging that you have violated Section ______________ of the
Olathe Municipal Code. Such allegations are more particularly described in
the verified Complaint, which Complaint is attached hereto and served
herewith.
You are hereby notified that you are to appear before the Governing
Body Police Chief or designated representative of the City of Olathe, Kansas,
at the hour of _____________ o'clock ____. M., ______________, _____, at the
Council _______________ Room of the Olathe, Kansas, City Hall, 100 East Santa
Fe Street, Olathe, Kansas at which time the allegations found in the
Complaint will be heard, witnesses produced, and determination made as to
the allegations made in the Complaint.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of the City of Olathe, Kansas, this ___________ day of _________________,
______.
_______________
City Clerk
(SEAL)”
SECTION TWELVE: Section 7.16.050 of the Olathe Municipal Code is hereby
14
EXHIBIT B
“7.16.050 Findings of Fact – Order. Following the presentation of evidence,
the Police Chief or designated representative Governing Body, by a majority
vote of those present, shall will render its his or her decision. Such decision shall will be either to dismiss the Complaint or to order the license to be
suspended or revoked and/or imposition of a fine against the licensee. Such
decision shall will be reduced to writing and shall be in substantially the
following form:
BEFORE THE POLICE CHIEF OR DESIGNATED REPRESENTATIVE GOVERNING
BODY OF THE CITY OF OLATHE, KANSAS:
In the matter of the Suspension or Revocation of the Licensee and/or
Imposition of a Fine Against the Licensee of ________________ No.
___________ .
DECISION
This proceeding was commenced by virtue of a complaint filed on the
_____________ day of________________, _______, against
_______________________________________________.
The complaint alleges that the respondent licensee acted in violation
of Section ______________ of the Olathe Municipal Code, in what respondent licensee did on or about _____________________, ______, at which hearing
evidence was adduced by the complainant and respondent licensee in their
respective behalf.
Based upon the evidence introduced at the hearing we I find the
following facts:
CONCLUSION
On the ___________________ day of ____________, _____, the respondent licensee (did or did not) violate Section
___________________by_____________________________________.
ORDER
On the basis of the entire record in this case, the Governing Body Police Chief or designated representative hereby orders the License to be
(suspended for a period of ___________ days, revoked), beginning on the
______ day of ____________, ____ or revoked as of the date of the order
and/or imposition of a fine against the licensee in the amount of
15
EXHIBIT B
________________.
(or)
On the basis of the entire record in this case, the Police Chief or
designated representative Governing Body hereby orders this matter to be
dismissed.
IT IS SO ORDERED this _________ day of _______________________, _____.
_______________________
MAYOR POLICE CHIEF OR
DESIGNATED REPRESENTATIVE
ATTEST:
__________________
CITY CLERK
A copy of the decision shall will be delivered to the licensee personally or
sent to him or her by certified mail, postage prepaid, return receipt
requested.”
SECTION THIRTEEN: Section 7.16.070 of the Olathe Municipal Code is hereby
“7.16.070 Appeal. If the Police Chief or designated representative issues
an order suspending or revoking a license, Tthe licensee, up to but not
more than twenty (20) fifteen (15) days after the order of the Governing
Body revoking any license, may appeal to the City Manager or designated
representative district court of Johnson County and the district court shall
proceed to hear such appeal as though such court had original jurisdiction
in the matter. If the City Manager or designated representative issues an
order upholding the suspension or revocation of the license, the licensee,
up to but not more than thirty (30) days after the order, may appeal to the
district court of Johnson County. Any appeal taken under this section will
shall not suspend stay the order of suspension or revocation of the license
of any licensee, nor shall any new license be issued to such person or any
person acting for or on his or her behalf, for a period of six (6) months
thereafter.”
SECTION FOURTEEN: Section 7.18.010 of the Olathe Municipal Code is hereby
16
EXHIBIT B
“7.18.010. Penalty. Any person or licensee violating any of the provisions of
this Ttitle shall will be punished, subject to the penalties otherwise provided
in the Olathe Municipal Code, and deemed guilty of a misdemeanor and upon
conviction thereof shall will be punished by a fine of not more than One
Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not
more than one hundred eighty (180) days, or by both such fine or
imprisonment.” SECTION FIFTEEN: Existing Sections 7.02.010, 7.02.100, 7.16.010, 7.16.020,
7.16.030, 7.16.050, 7.16.070 and 7.18.010 are hereby specifically repealed.
SECTION SIXTEEN: This Ordinance shall take effect and be in force from and
after its passage and publication as provided by law.
PASSED by the Governing Body this 17th day of March, 2015.
SIGNED by the Mayor this 17th day of March, 2015.
________________________________
Mayor
ATTEST:
__________________________
City Clerk
(SEAL)
___________________________
City Attorney
Publish one time and return one Proof of Publication to the City Clerk and one to the City
Attorney.
17
EXHIBIT C
41-2615. Possession or consumption by minor prohibited. (a) No licensee or permit holder, or any owner, officer or employee thereof,
shall knowingly or unknowingly permit the possession or consumption of alcoholic liquor or cereal malt beverage by a minor on premises
where alcoholic beverages are sold by such licensee or permit holder, except that a licensee's or permit holder's employee who is not less than
18 years of age may serve alcoholic liquor or cereal malt beverage under the on-premises supervision of the licensee or permit holder, or an
employee who is 21 years of age or older.
(b) Violation of this section is a misdemeanor punishable by a fine of not less than $100 and not more than $250 or imprisonment not
exceeding 30 days, or both.
(c) It shall be a defense to a prosecution under this section if: (1) The defendant permitted the minor to possess or consume the
alcoholic liquor or cereal malt beverage with reasonable cause to believe that the minor was 21 or more years of age; and (2) to possess or
consume the alcoholic liquor or cereal malt beverage, the minor exhibited to the defendant a driver's license, Kansas nondriver's identification
card or other official or apparently official document that reasonably appears to contain a photograph of the minor and purporting to establish
that such minor was 21 or more years of age.
History: L. 1965, ch. 316, § 15; L. 1987, ch. 182, § 70; L. 1993, ch. 173, § 3; L. 1994, ch. 300, § 2; L. 2008, ch. 126, § 9; July 1.
COUNCIL AGENDA ITEM
AD-B
Department:
Legal
Staff Contact:
Ron Shaver; Rrachelle Breckenridge
Subject:
Consideration of Ordinance No. 15-24 amending the Public Offense Code (Title 9).
Key Result Area:
Public Safety
Executive Summary: This item was presented as a report on the February 17, 2015 City Council
agenda and for consideration of adoption on the March 3, 2015 City Council agenda.
After a brief discussion during the March 3, 2015 City Council meeting, staff was instructed to
determine whether the term “open container” as referenced in 7.020.050 and 7.02.070 was defined
consistently with Kansas statutes. The term “open container” is not defined, but KSA 8-1599 provides
that “unless such beverage is in the original unopened package or container, the seal of which has
not been broken and from which the original cap, cork or other means of closure has not been
removed.” KSA 8-1599 is attached as Exhibit A. Staff received guidance from the Police Department
and summarized information related to enforcement of open container violations which is attached as
Exhibit B.
The proposed amendments to Title 9 of the Olathe Municipal Code (the Public Offense Code) pertain
to liquor laws. This agenda item is a companion to the agenda item regarding proposed amendments
to Title 7 – Liquor Laws, and also seeks to address concerns raised by staff and citizens involved in
the Communities that Care initiative that the Code does not have adequate penalty provisions for
certain alcohol-related offenses
Police Department and Prosecutor’s Office staff has indicated that from the law enforcement and
prosecutorial perspective it is more logical to add alcohol-related civil offenses which can result in
revocation or suspension of a license in Title 7, and for all alcohol-related criminal offenses to be set
forth in Title 9. Six of the nine proposed amendments to Title 9 were located in Title 7. Staff
recommends locating these provisions in Title 9 to assist the Police Department and Prosecutor’s
Office in enforcing violations of the Public Offense Code.
A summary of the changes is attached as Exhibit C. The proposed amendments are attached as
Exhibit D, and changes are shown in blue and deletions are shown in red. The green represents
additions to the sections which were located in Title 7. The Kansas statute which regulates the
consumption of alcohol in certain places is attached as Exhibit E.
Fiscal Impact:
N/A
Public Offense Code (Title 9).
Attachments:
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
A
B
C
D
E
Adopt Ordinance No. 15-24 amending the
KSA 8-1599
Summary of Police Department Information
Summary of Proposed Ordinance Amendments
Proposed Ordinance Amendments
KSA 41-719
EXHIBIT A
8-1599. Transportation of liquor in opened containers unlawful; exceptions; penalty; report of prior convictions; city or county not
prohibited from enacting comparable ordinance or resolution, requirements. (a) As used in this section, "alcoholic beverage" means any
alcoholic liquor, as defined by K.S.A. 41-102, and amendments thereto, or any cereal malt beverage, as defined by K.S.A. 41-2701, and
amendments thereto.
(b) No person shall transport in any vehicle upon a highway or street any alcoholic beverage unless such beverage is:
(1) In the original unopened package or container, the seal of which has not been broken and from which the original cap, cork or other
means of closure has not been removed;
(2) (A) in the locked rear trunk or rear compartment, or any locked outside compartment which is not accessible to any person in the
vehicle while it is in motion; or
(B) if a motor vehicle is not equipped with a trunk, behind the last upright seat or in an area not normally occupied by the driver or a
passenger; or
(3) in the exclusive possession of a passenger in a vehicle which is a recreational vehicle, as defined by K.S.A. 75-1212, and
amendments thereto, or a bus, as defined by K.S.A. 8-1406, and amendments thereto, who is not in the driving compartment of such vehicle or
who is in a portion of such vehicle from which the driver is not directly accessible.
(c) Violation of this section is a misdemeanor punishable by a fine of not more than $200 or by imprisonment for not more than six
months, or both.
(d) Except as provided in subsection (f) upon conviction or adjudication of a second or subsequent violation of this section, the judge,
in addition to any other penalty or disposition ordered pursuant to law, shall suspend the person's driver's license or privilege to operate a
motor vehicle on the streets and highways of this state for one year.
(e) Upon suspension of a license pursuant to this section, the court shall require the person to surrender the license to the court, which
shall transmit the license to the division of motor vehicles of the department of revenue, to be retained until the period of suspension expires.
At that time, the licensee may apply to the division for return of the license. If the license has expired, the person may apply for a new license,
which shall be issued promptly upon payment of the proper fee and satisfaction of other conditions established by law for obtaining a license
unless another suspension or revocation of the person's privilege to operate a motor vehicle is in ef fect.
(f) As used in this section, "highway" and "street" have the meanings provided by K.S.A. 8-1424 and 8-1473, and amendments thereto.
(g) In lieu of suspending the driver's license or privilege to operate a motor vehicle on the highways of this state of any person
convicted of violating this section, as provided in subsection (d), the judge of the court in which such person was convicted may enter an
order which places conditions on such person's privilege of operating a motor vehicle on the highways of this state, a certified copy of which
such person shall be required to carry any time such person is operating a motor vehicle on the highways of this state. Any such order shall
prescribe the duration of the conditions imposed, which in no event shall be for a period of more than one year for a second violation.
Upon entering an order restricting a person's license hereunder, the judge shall require such person to surrender such person's driver's
license to the judge who shall cause it to be transmitted to the division of vehicles, together with a copy of the order. Upon receipt thereof, the
division of vehicles shall issue without charge a driver's license which shall indicate on its face that conditions have been imposed on such
person's privilege of operating a motor vehicle and that a certified copy of the order imposing such conditions is required to be carried by the
person for whom the license was issued any time such person is operating a motor vehicle on the highways of this state. If the person
convicted is a nonresident, the judge shall cause a copy of the order to be transmitted to the division and the division shall forward a copy of
it to the motor vehicle administrator, of such person's state of residence. Such judge shall furnish to any person whose driver's license has had
conditions imposed on it under this section a copy of the order, which shall be recognized as a valid Kansas driver's license until such time as
the division shall issue the restricted license provided for in this section.
Upon expiration of the period of time for which conditions are imposed pursuant to this subsection, the licensee may apply to the
division for the return of the license previously surrendered by such licensee. In the event such license has expired, such person may apply to
the division for a new license, which shall be issued immediately by the division upon payment of the proper fee and satisfaction of the other
conditions established by law, unless such person's privilege to operate a motor vehicle on the highways of this state has been suspended or
revoked prior thereto. If any person shall violate any of the conditions imposed under this subsection, such person's driver's license or
privilege to operate a motor vehicle on the highways of this state shall be revoked for a period of not less than 60 days nor more than one year
by the judge of the court in which such person is convicted of violating such conditions.
(h) It shall be an affirmative defense to any prosecution under this section that an occupant of the vehicle other than the defendant was
in exclusive possession of the alcoholic liquor.
(i) The court shall report to the division every conviction of a violation of this section or of a city ordinance or county resolution that
prohibits the acts prohibited by this section. Prior to sentencing under the provisions of this section, the court shall request and shall receive
from the division a record of all prior convictions obtained against such person for any violations of any of the motor vehicle laws of this
state.
(j) For the purpose of determining whether a conviction is a first, second or subsequent conviction in sentencing under this section:
(1) "Conviction" includes being convicted of a violation of an ordinance of any city, or resolution of any county, which prohibits the
EXHIBIT A
acts that this section prohibits;
(2) only convictions occurring in the immediately preceding five years, including prior to the effective date of this act, shall be taken
into account, but the court may consider other prior convictions in determining the sentence to be imposed within the limits provided for a
first, second or subsequent offender, whichever is applicable; and
(3) it is irrelevant whether an offense occurred before or after conviction for a previous offense.
(k) This section shall not be construed as preventing any city from enacting ordinances, or any county from adopting resolutions,
declaring acts prohibited by this section as unlawful or prohibited in such city or county and prescribing penalties for violation thereof, but
such ordinance or resolution shall provide for suspension or restriction of driving privileges as provided by this section and the convicting
court shall be required to report convictions for violations of such ordinance or resolution as provided by subsection (i).
(l) This section shall be part of and supplemental to the uniform act regulating traffic on highways.
History: L. 1949, ch. 242, § 93; L. 1981, ch. 201, § 1; L. 1993, ch 259, § 12; L. 1993, ch. 291, § 274; L. 1994, ch. 353, § 15; L. 2006, ch. 20
8; July 1.
EXHIBIT B
SUMMARY OF
OLATHE POLICE DEPARTMENT INFORMATION
REGARDING “OPEN CONTAINER” LANGUAGE
1) Councilmembers asked questions regarding proposed amendments to Title 9 of
the Olathe Municipal Code (the Public Offense Code) regarding open containers.
The term “Open Container” is codified under state law. The term is also included in
Title 10 of the Olathe Municipal Code (Vehicles and Traffic) as follows:
10.01.106 Transportation of Alcoholic Beverage. (Olathe Municipal Code 10.01.106)
(a) No person shall transport in any vehicle upon a highway or street any alcoholic
beverage unless such beverage is:
(1) In the original unopened package or container, the seal of which has not
been broken and from which the original cap, cork or other means of closure has not
been removed;
(2)
(a) In the locked rear trunk or rear compartment, or any locked outside
compartment which is not accessible to any person in the vehicle while it is in
motion; or
(b) If a motor vehicle is not equipped with a trunk, behind the last
upright seat or in an area not normally occupied by the driver or passenger;
or
(3) In the exclusive possession of a passenger in a vehicle which is a
recreational vehicle or a bus, who is not in the driving compartment of such vehicle
or who is in a portion of such vehicle from which the driver is not directly accessible.
(b) Violation of this section is punishable by a fine of not more than Two Hundred
Dollars ($200.00) or by imprisonment for not more than six (6) months, or both.
(c) Except as provided in subsection (e) upon conviction or adjudication of a second
or subsequent violation of this section, the judge, in addition to any other penalty or
disposition ordered pursuant to law, shall suspend the person’s driver’s license or privilege
to operate a motor vehicle on the streets and highways of this state for one year.
(d) Upon suspension of a license pursuant to this section, the court shall require the
person to surrender the license to the court, which shall transmit the license to the Division
of Motor Vehicles of the Department of Revenue, to be retained until the period of
suspension expires. At that time, the licensee may apply to the Division for return of the
license. If the license has expired, the person may apply for a new license, which shall be
issued promptly upon payment of the proper fee and satisfaction of other conditions
established by law for obtaining a license unless another suspension or revocation of the
person’s privilege to operate a motor vehicle is in effect.
(e) In lieu of suspending the driver’s license or privilege to operate a motor vehicle
1
EXHIBIT B
on the highways of this state of any person convicted of violating this section, as provided
in subsection (c), the judge of the court in which such person was convicted may enter an
order which places conditions on such person’s privilege of operating a motor vehicle on
the highways of this state, a certified copy of which such person shall be required to carry
any time such person is operating a motor vehicle on the highways of this state. Any such
order shall prescribe the duration of the conditions imposed, which in no event shall be for
a period of more than one year for a second violation.
Upon entering an order restricting a person’s license hereunder, the judge shall
require such person to surrender such person’s driver’s license to the judge who shall
cause it to be transmitted to the Division of Vehicles, together with a copy of the order.
Upon receipt thereof, the Division of Vehicles shall issue without charge a driver’s license
which shall indicate on its face that conditions have been imposed on such person’s
privilege of operating a motor vehicle and that a certified copy of the order imposing such
conditions is required to be carried by the person for whom the license was issued any
time such person is operating a motor vehicle on the highways of this state. If the person
convicted is a non-resident, the judge shall cause a copy of the order to be transmitted to
the Division and the Division shall forward a copy of it to the Motor Vehicle Administrator,
of such person’s state of residence.
Such judge shall furnish to a person whose driver’s license has had conditions
imposed on it under this section a copy of the order, which shall be recognized as a valid
Kansas driver’s license until such time as the Division shall issue the restricted license
provided for in this section.
Upon expiration of the period of time for which conditions are imposed pursuant to
this subsection, the licensee may apply to the Division for the return of the license
previously surrendered by such licensee. In the event such license has expired, such
person may apply to the Division for a new license, which shall be issued immediately by
the Division upon payment of the proper fee and satisfaction of the other conditions
established by law, unless such person’s privilege to operate a motor vehicle on the
highways of this state has been suspended or revoked prior thereto. If any person shall
violate any of the conditions imposed under this subsection, such person’s driver’s license
or privilege to operate a motor vehicle on the highways of this state shall be revoked for a
period of not less than sixty (60) days nor more than one year by the judge of the court in
which such person is convicted of violating such conditions.
(f) It shall be an affirmative defense to any prosecution under this section that an
occupant of the vehicle other than the defendant was in exclusive possession of the
alcoholic beverage.
(g) The court shall report to the Division every conviction of a violation of this
section. Prior to sentencing under the provisions of this section, the court shall request and
shall receive from the Division a record of all prior convictions obtained against such
person for any violations of any of the motor vehicle laws of this state.
2
EXHIBIT B
(h) For the purpose of determining whether a conviction is a first, second or
subsequent conviction in sentencing under this section:
(1) Conviction includes being convicted of a violation of an ordinance of any
city, or resolution of any county, which prohibits the acts that K.S.A. 41-804, as
amended, prohibits;
(2) Only convictions occurring in the immediately preceding five (5) years
shall be taken into account, but the court may consider other prior convictions in
determining the sentence to be imposed within the limits provided for a first, second
or subsequent offender, whichever is applicable; and
(3) It is irrelevant whether an offense occurred before or after conviction for a
previous offense. (K.S.A. Supp. 41-804) (Ord. 06-70 § 3, 2006; Ord. 01-89 § 2,
2001.)
From 2010-2014 there have been 517 citations issued for this traffic violation. An
investigation generally accompanies this type of traffic stop. As with any
investigation, officers are trained to exercise discretion in investigating these
potential violations. Some of the factors which may be investigated are:
1)
proximity of container; 2) placement of container; 3) how much liquid is present, 4)
temperature of the liquid; 5) whether the liquid appears to be and/or smells like
cereal malt beverage or alcoholic liquor and 6) does the individual smell of alcoholic
liquor; 7) does the individual have slurred speech; and 8) does the individual have
blood shot eyes.
2) Subsections 9.06.022 Possession on Public Property and 9.06.024
Possession on Private Property address individuals who are in possession of an
open container of alcoholic liquor or cereal malt beverage (not in a vehicle).
From 2010-2014 there have been 21 citations issued for possession on public
property and 23 citations issued for possession on private property.
3
EXHIBIT C
SUMMARY OF
OLATHE MUNICIPAL CODE AMENDMENTS
TITLE 9
The changes by section include:
9.06.020 Furnishing Alcoholic Liquor or Cereal Malt Beverage to a Minor. Addition
of language which clarifies when fines can be increased after a defendant is found guilty of
a first violation for furnishing alcoholic liquor or cereal malt beverage to a minor.
9.06.021 Consumption on Public Property. Addition of a section from Title 7 and
addition of language which prescribes when and under what standards the municipal judge
must order counseling for a convicted defendant who is between 18 and 21 years of age.
9.06.022 Possession on Public Property. Addition of a section from Title 7 and
must order counseling for a convicted defendant who is between 18 and 21 years of age,
and addition of language which clarifies that the penalty for violating this section.
9.06.023 Consumption on Private Property – Exceptions. Addition of a section from
Title 7 and addition of language which prescribes when and under what standards the
municipal judge must order counseling for a convicted defendant who is between 18 and
21 years of age, and addition of language which clarifies the penalty for violating this
section.
9.06.024 Possession on Private Property. Addition of a section from Title 7 and
must order counseling for a convicted defendant who is between 18 and 21 years of age,
and addition of language which clarifies the penalty for violating this section.
9.06.025 Sale of Liquor to Incapacitated or Intoxicated Person. Addition of section
from Title 7 and addition of language which gives the municipal judge discretion to order
counseling, and addition of language which clarifies the penalty for violating this section.
9.06.026 Open Saloon. Addition of section from Title 7 and addition of language which
clarifies the penalty for violating this section.
9.06.080 Purchase or Consumption of Alcoholic or Cereal Malt Beverage by Minor;
Penalty. Revision of language concerning the type of counseling which the municipal
judge may order.
9.18.010 Classification of Public Offenses; Terms of Confinement and Fines.
Clarification of penalty language.
EXHIBIT D
ORDINANCE NO. 15-24
AN ORDINANCE AMENDING TITLE 9 OF THE OLATHE MUNCIPAL CODE;
SECTION 9.06.020 PERTAINING TO FURNISHING ALCOHOLIC LIQUOR OR
CEREAL MALT BEVERAGE TO A MINOR; SECTION 9.06.080 PERTAINING
TO PURCHASE OR CONSUMPTION OF ALCOHOLIC OR CEREAL MALT
BEVERAGE BY MINOR; PENALTY; AND SECTION 9.18.010 PERTAINING TO
CLASSIFICATION OF PUBLIC OFFENSES; TERMS OF CONFINEMENT AND
FINES; AND REPEALING THE EXISTING SECTIONS; AND FURTHER
ADDING SECTION 9.06.021 PERTAINING TO CONSUMPTION ON PUBLIC
PROPERTY; SECTION 9.06.022 PERTAINING TO POSSESSION ON PUBLIC
PROPERTY; SECTION 9.06.023 PERTAINING TO CONSUMPTION ON
PRIVATE PROPERTY – EXCEPTIONS; SECTION 9.06.024 PERTAINING TO
POSSESSION ON PRIVATE PROPERTY; SECTION 9.06.025 PERTAINING
TO SALE OF LIQUOR TO INCAPACITATED OR INTOXICATED PERSON;
AND SECTION 9.06.026 PERTAINING TO OPEN SALOON.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OLATHE,
KANSAS:
SECTION ONE: Section 9.06.020 of the Olathe Municipal Code is hereby
“9.06.020 Furnishing Alcoholic Liquor or Cereal Malt Beverage to a
Minor.
A. Furnishing alcoholic liquor or cereal malt beverage to a minor is
directly or indirectly, selling to, buying for, giving or furnishing any alcoholic
liquor or cereal malt beverage to any person under 21 years of age. B. Except as provided by subsections D and E, furnishing alcoholic
liquor or cereal malt beverage to any person under 21 years of age is a Class A
Public Offense for which the minimum fine is: 1. Upon a first violation, a fine of Two Hundred Fifty Dollars
($250.00); 2. Upon a second violation, charged within a three (3) year
period of a prior violation, a fine of Five Hundred Dollars ($500.00); 3. Upon a third violation, charged within a three (3) year
period of a prior violation, a fine of Seven Hundred Fifty Dollars
($750.00), and 4. Upon a fourth violation, charged within a three (3) year
period of a prior violation, a fine of One Thousand Dollars ($1,000.00) and revocation of City license. 5. The three (3) year time period is calculated from the date
EXHIBIT D
the defendant is found guilty of the first violation. Any violation
charged during the ensuing three (3) year time period (irrespective of
the date the defendant is found guilty) is calculated towards the
enhanced penalty. C. As used in this section, terms have the meanings provided by
K.S.A. 41‐102, 41‐2601 and 41‐2701, and amendments thereto. D. It shall be a defense to a prosecution under this section if: 1. The defendant is a licensed retailer, club, drinking
establishment or caterer or holds a temporary permit, or an employee
thereof; and 2. The defendant sold the alcoholic liquor or cereal malt
beverage to the minor with reasonable cause to believe that the
minor was 21 or more years of age or of legal age for the consumption
of alcoholic liquor or cereal malt beverage; and 3. To purchase the alcoholic liquor or cereal malt beverage,
the person exhibited to the defendant a driver’s license, Kansas
nondriver’s identification card or other official or apparently official
document, containing a photograph of the minor and purporting to
establish that such minor was 21 or more years of age or of legal age
for the consumption of alcoholic liquor or cereal malt beverage.
(K.S.A. 21‐3610). E. This section shall not apply to the furnishing of cereal malt
beverage by a parent or legal guardian to such parent’s child or such
guardian’s ward. F. Upon a conviction, plea of no contest, or guilty plea for a violation
of this section, the municipal judge may order such person to complete an
alcohol intervention program that trains individuals to serve and/or sell
alcohol responsibly in any setting. The municipal judge may order such
person to complete Training for Intervention Procedures on Premise (TIPS) or
a similar alcohol intervention program.”
SECTION TWO: Section 9.06.021 of the Olathe Municipal Code is hereby added
to read as follows:
“9.06.021 Consumption on Public Property.
A. It shall be unlawful for any person to drink or consume alcoholic
liquor or cereal malt beverages upon the public streets, alleys, roads or
highways or inside vehicles while on the public streets, alleys, roads or
highways.
EXHIBIT D
B. It shall be unlawful for any person to drink or consume any
alcoholic liquor or cereal malt beverages on City‐owned property. However,
this prohibition shall not apply to the Mahaffie House and Farmstead, which
is located on property owned by the City legally described as Tracts A and B,
MAHAFFIE HOUSE ADDITION, a subdivision in the City of Olathe, Johnson
County, Kansas, according to the recorded plat thereof, to the Heritage
Center, which is located on property owned by the City legally described as
Lot 1, MAHAFFIE HOUSE EAST ADDITION, a subdivision in the City of Olathe,
Johnson County, Kansas, according to the recorded plat thereof, or to the
Olathe Community Center, which is located on property owned by the City
legally described as Lot 1, KANSAS CITY ROAD PARK SOUTH, a subdivision in
the City of Olathe, Johnson County, Kansas, according to the recorded plat
C. Upon a conviction, plea of no contest, or guilty plea for a violation
of this section by a person 18 or more years of age but less than 21 years of
age, the municipal judge shall order such person to submit to and complete
an alcohol and drug evaluation with an approved provider licensed by the
behavioral sciences regulatory board pursuant to K.S.A. 8‐1008 and
amendments thereto and to pay a fee to the provider at the time of service not to exceed the fee established by that statute for such evaluation. If the
person is indigent, the court may order the evaluation fee to be paid to the
provider as part of the judgment. The person must comply with the
recommendations of the alcohol and drug evaluation as directed by the court.
Offense, punishable by a fine of not less than Fifty Dollars ($50.00) or more
than Two Hundred Dollars ($200.00) or by imprisonment for not more than six (6) months, or both.” SECTION THREE:
added to read as follows:
Section 9.06.022 of the Olathe Municipal Code is hereby
“9.06.022 Possession on Public Property.
A. It shall be unlawful for any person to have in his or her possession
any open container of alcoholic liquor or cereal malt beverage upon the
public streets, alleys, roads or highway.
B. It shall be unlawful for any person to have in his or her possession
3
EXHIBIT D
any open container of alcoholic liquor or cereal malt beverage on City‐owned
property. However, this prohibition shall not apply to the Mahaffie House and
Farmstead, which is located on property owned by the City legally described
as Tracts A and B, MAHAFFIE HOUSE ADDITION, a subdivision in the City of
Olathe, Johnson County, Kansas, according to the recorded plat thereof, to
the Heritage Center,which is located on property owned by the City legally
described as Lot 1, MAHAFFIE HOUSE EAST ADDITION, a subdivision in the City
of Olathe, Johnson County, Kansas, according to the recorded plat thereof, or
to the Olathe Community Center, which is located on property owned by the
City legally described as Lot 1, KANSAS CITY ROAD PARK SOUTH, a subdivision
in the City of Olathe, Johnson County, Kansas, according to the recorded plat
C. Upon a conviction, plea of no contest, or guilty plea for a violation
than Two Hundred Dollars ($200.00) or by imprisonment for not more than six
(6) months, or both.” SECTION FOUR: Section 9.06.023 of the Olathe Municipal Code is hereby added
to read as follows:
“9.06.023 Consumption on Private Property‐‐Exceptions. It shall be unlawful
for any person to consume or drink alcoholic liquor or cereal malt beverage
on private property except:
A. On premises where the sale of liquor or cereal malt beverage by
the individual drink is authorized by the Club and Drinking Establishment Act
and this Title;
B. Upon private property by a person occupying such property as an
4
EXHIBIT D
owner or lessee of an owner and by the guests of such person, if no charge is
C. In a private dining room of a hotel, motel or restaurant, if the
violation of K.S.A. 41‐803 or cereal malt beverage in violation of K.S.A. 1988
Supp. 41‐308b, and amendments thereto, takes place; or D. On the premises of a microbrewery or farm winery, if authorized
by K.S.A. 41‐803a or K.S.A. 41‐308b.
E. Upon a conviction, plea of no contest, or guilty plea for a violation
F. Violation of any provision of this section is an Unclassified Public
(6) months, or both.”
SECTION FIVE: Section 9.06.024 of the Olathe Municipal Code is hereby added
to read as follows:
“9.06.024 Possession on Private Property. It shall be unlawful for any person
to have in his or her possession any open alcoholic liquor or cereal malt
beverage on private property, except:
A. On premises where the sale of liquor or cereal malt beverage by
the individual drink is authorized by the Club and Drinking Establishment Act; B. Upon private property by a person occupying such property as an
owner or lessee of
an owner or by the guests of such person, if no charge
is made for the serving or mixing of any drink or drinks of alcoholic liquor or
5
EXHIBIT D
cereal malt beverage, or for any substance mixed with alcoholic liquor or
C. In a lodging room of any hotel, motel or boarding house by the
person occupying such room and by the guest of such person, if no charge is
D. In a private dining room of a hotel, motel or restaurant, if the
violation of K.S.A. 41‐803 or cereal malt beverage in violation of
K.S.A. 41‐2704 and amendments thereto, takes place; or E. On the premises of a microbrewery or farm winery, if authorized
by K.S.A. 41‐308a or K.S.A. 41‐308b, and amendments thereto.
F. Upon a conviction, plea of no contest, or guilty plea for a violation
G. Violation of any provision of this section is an Unclassified Public
(6) months, or both.”
SECTION SIX: Section 9.06.025 of the Olathe Municipal Code is hereby added to
read as follows:
“9.06.025 Sale of Liquor to Incapacitated or Intoxicated Person.
A. It shall be unlawful for any person to knowingly sell, give away,
dispose of, exchange or deliver, or permit the sale, gift or procuring of any
6
EXHIBIT D
alcoholic liquor or cereal malt beverage, to any person who is an
incapacitated person, or any person who is physically or mentally
incapacitated by the consumption of such alcoholic liquor or cereal malt
beverage. B. Upon a conviction, plea of no contest, or guilty plea for a violation
of this section, the municipal judge may order such person to complete an
alcohol intervention program that trains individuals to serve and/or sell
alcohol responsibly in any setting. The municipal judge may order such
person to complete Training for Intervention Procedures on Premise (TIPS) or
a similar alcohol intervention program.
C. Violation of any provision of this section is an Unclassified Public
Offense, punishable by a fine of not less than One Hundred Dollars ($100.00)
or more than Two Hundred Dollars ($200.00) or by imprisonment for not more
than thirty (30) days, or both.”
SECTION SEVEN:
added to read as follows:
Section 9.06.026 of the Olathe Municipal Code is hereby
“9.06.026 Open Saloon.
A. It is unlawful for any person to own, maintain, operate or conduct,
either directly or indirectly, an open saloon.
B. For the purpose of this section, the words "Open Saloon" mean any
place, public or private, where alcoholic liquor is sold or offered or kept for
sale by the drink or in any quantity of less than one hundred millimeters (3.4
fluid ounces) or sold or offered or kept for sale for consumption on the
premises where sold, but does not include any premises where the sale of
liquor is authorized by the Club and Drinking Establishment Act or this Title.
C. Any violation of the provisions of this section is a misdemeanor
punishable by a fine of not more than Five Hundred Dollars ($500.00) and by
imprisonment for not more than ninety (90) days.” SECTION EIGHT: Section 9.06.080 of the Olathe Municipal Code is hereby
“9.06.080 Purchase or Consumption of Alcoholic or Cereal Malt Beverage by
Minor; Penalty. A. Except with regard to serving of alcoholic liquor or cereal malt
beverage as permitted by K.S.A. 41‐308a, 41‐308b, 41‐727a, 41‐2610, 41‐2652,
41‐2704 or 41‐2727, and amendments thereto, and subject to any rules and
7
EXHIBIT D
regulations adopted pursuant to such statutes, no person under 21 years of
age shall possess, consume, obtain, purchase or attempt to obtain or
purchase alcoholic liquor or cereal malt beverage except as authorized by
law. B. Upon a conviction, plea of no contest, or guilty plea for violation of
action program certified pursuant to K.S.A. 8‐1008 and amendments thereto
evaluation. If the judge finds that person is indigent, the fee may be waived. with an approved provider licensed by the behavioral sciences regulatory
board pursuant to K.S.A. 8‐1008 and amendments thereto and to pay a fee to
the provider at the time of service not to exceed the fee established by that
statute for such evaluation. If the person is indigent, the court may order the
evaluation fee to be paid to the provider as part of the judgment.The person
must comply with the recommendations of the alcohol and drug evaluation as
directed by the court.
C. In addition to or in lieu of any other penalty provided for a
violation of this section:
(1). The court may order the offender to do either or both of
the following: (a). Perform 40 hours of public service; or (b). Attend and satisfactorily complete a suitable
educational or training program dealing with the effects of
alcohol or other chemical substances when ingested by
humans. (2). Upon a first conviction of a violation of this section, the
court shall order the division of vehicles to suspend the driving
privilege of such offender for thirty (30) days. Upon receipt of the
court order, the division shall notify the violator and suspend the
driving privileges of the violator for 30 days whether or not that
person has a driver’s license. (3). Upon a second conviction of a violation of this section,
the court shall order the division of vehicles to suspend the driving
privilege of such offender for ninety (90) days. Upon receipt of the
court order, the division shall notify the violator and suspend the
driving privileges of the violator for ninety (90) days whether or not
that person has a driver’s license. 8
EXHIBIT D
(4). Upon a third or subsequent conviction of a violation of
this section, the court shall order the division of vehicles to suspend
the driving privilege of such offender for one (1) year. Upon receipt of
the court order, the division shall notify the violator and suspend the
driving privileges of the violator for one (1) year whether or not that
person has a driver’s license. D. This section shall not apply to the possession and consumption of
cereal malt beverage by a person under the legal age for consumption of
cereal malt beverage when such possession and consumption is permitted
and supervised, and such beverage is furnished, by the person’s parent or
legal guardian. E. Violation of this section by a person 18 or more years of age but
less than 21 years of age is a Class C Public Offense for which the minimum
fine is Two Hundred Dollars ($200.00).” SECTION NINE: Section 9.18.010 of the Olathe Municipal Code is hereby
9
EXHIBIT D
“9.18.010 Classification of Public Offenses; Terms of Confinement and Fines. (1) A. For the purpose of sentencing, the following classes of public
offenses and penalties authorized for each class are established: (a) 1. Class A, the sentence for which shall be a definite term
of confinement in jail which shall be fixed by the court and shall not
exceed one year (365) days), or a fine not to exceed Two Thousand,
Five Hundred Dollars ($2,500.00), or both; (b) 2. Class B, the sentence for which shall be a definite term
exceed One Hundred Eighty (180) days, or a fine not to exceed One
Thousand Dollars ($1,000.00), or both; (c) 3. Class C, the sentence for which shall be a definite term
exceed thirty (30) days, or a fine not to exceed Five Hundred Dollars
($500.00), or both. (d) 4. Unclassified Public Offenses, which shall include all
offenses declared to be public offenses without specification as to
class, the sentence for which shall be in accordance with the sentence
specified in the ordinance section that defines the public offense; if
no penalty is provided in such section, the sentence shall be a
definite term of confinement in jail which shall not exceed One
Hundred Eighty (180) days, or a fine not to exceed Five Hundred
Dollars ($500.00), or both.”
SECTION TEN: Existing Sections 9.06.020, 9.06.080 and 9.18.010 are hereby
specifically repealed.
SECTION ELEVEN: This Ordinance shall take effect and be in force from and
after its passage and publication as provided by law.
PASSED by the Governing Body this 17th day of March, 2015.
SIGNED by the Mayor this 17th day of March, 2015.
________________________________
Mayor
ATTEST:
__________________________
City Clerk
10
EXHIBIT D
(SEAL)
___________________________
City Attorney
Publish one time and return one Proof of Publication to the City Clerk and one to the City
Attorney.
11
EXHIBIT E
41-719. Consumption of alcoholic liquor prohibited in certain places; exemptions. (a) (1) Except as otherwise provided herein and in
K.S.A. 8-1599, and amendments thereto, no person shall drink or consume alcoholic liquor on the public streets, alleys, roads or highways
or inside vehicles while on the public streets, alleys, roads or highways.
(2) Alcoholic liquor may be consumed at a special event held on public streets, alleys, roads, sidewalks or highways when a temporary
permit has been issued pursuant to K.S.A. 41-2645, and amendments thereto, for such special event. Such special event must be approved,
by ordinance or resolution, by the local governing body of any city, county or township where such special event is being held. No alcoholic
liquor may be consumed inside vehicles while on public streets, alleys, roads or highways at any such special event.
(3) No person shall remove any alcoholic liquor from inside the boundaries of a special event as designated by the governing body of any
city, county or township. The boundaries of such special event shall be clearly marked by signs, a posted map or other means which
reasonably identify the area in which alcoholic liquor may be possessed or consumed at such special event.
(4) No person shall possess or consume alcoholic liquor inside the premises licensed as a special event that was not sold or provided by
the licensee holding the temporary permit for such special event.
(b) No person shall drink or consume alcoholic liquor on private property except:
(1) On premises where the sale of liquor by the individual drink is authorized by the club and drinking establishment act;
(2) upon private property by a person occupying such property as an owner or lessee of an owner and by the guests of such person, if no
charge is made for the serving or mixing of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor and if
no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto, takes place;
(3) in a lodging room of any hotel, motel or boarding house by the person occupying such room and by the guests of such person, if no
charge is made for the serving or mixing of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor and if
no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto, takes place;
(4) in a private dining room of a hotel, motel or restaurant, if the dining room is rented or made available on a special occasion to an
individual or organization for a private party and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto, takes
place; or
(5) on the premises of a manufacturer, microbrewery, microdistillery or farm winery, if authorized by K.S.A. 41-305, 41-308a, 41-308b or
K.S.A. 2014 Supp. 41-354, and amendments thereto.
(c) No person shall drink or consume alcoholic liquor on public property except:
(1) On real property leased by a city to others under the provisions of K.S.A. 12-1740 through 12-1749, and amendments thereto, if such
real property is actually being used for hotel or motel purposes or purposes incidental thereto.
(2) In any state-owned or operated building or structure, and on the surrounding premises, which is furnished to and occupied by any
state officer or employee as a residence.
(3) On premises licensed as a club or drinking establishment and located on property owned or operated by an airport authority created
pursuant to chapter 27 of the Kansas Statutes Annotated, and amendments thereto, or established by a city.
(4) On the state fair grounds on the day of any race held thereon pursuant to the Kansas parimutuel racing act.
(5) On the state fairgrounds, if: (A) The alcoholic liquor is domestic beer or wine or wine imported under subsection (e) of K.S.A. 41-308a,
and amendments thereto, and is consumed only for purposes of judging competitions; (B) the alcoholic liquor is wine or beer and is sold
and consumed during the days of the Kansas state fair on premises leased by the state fair board to a person who holds a temporary
permit issued pursuant to K.S.A. 41-2645, and amendments thereto, authorizing the sale and serving of such wine or beer, or both; or (C)
the alcoholic liquor is consumed on nonfair days in conjunction with bona fide scheduled events involving not less than 75 invited guests
and the state fair board, in its discretion, authorizes the consumption of the alcoholic liquor, subject to any conditions or restrictions the
board may require.
(6) In the state historical museum provided for by K.S.A. 76-2036, and amendments thereto, on the surrounding premises and in any
other building on such premises, as authorized by rules and regulations of the state historical society.
(7) On the premises of any state-owned historic site under the jurisdiction and supervision of the state historical society, on the
surrounding premises and in any other building on such premises, as authorized by rules and regulations of the state historical society.
(8) In a lake resort within the meaning of K.S.A. 32-867, and amendments thereto, on state-owned or leased property.
(9) In the Hiram Price Dillon house or on its surrounding premises, subject to limitations established in policies adopted by the legislative
coordinating council, as provided by K.S.A. 75-3682, and amendments thereto.
(10) On the premises of any Kansas national guard regional training center or armory, and any building on such premises, as authorized
by rules and regulations of the adjutant general and upon approval of the Kansas military board.
(11) On the premises of any land or waters owned or managed by the department of wildlife, parks and tourism, except as otherwise
prohibited by rules and regulations of the department adopted by the secretary pursuant to K.S.A. 32-805, and amendments thereto.
(12) On property exempted from this subsection (c) pursuant to subsection (d), (e), (f), (g) or (h).
EXHIBIT E
(d) Any city may exempt, by ordinance, from the provisions of subsection (c) specified property the title of which is vested in such city.
(e) The board of county commissioners of any county may exempt, by resolution, from the provisions of subsection (c) specified property
the title of which is vested in such county.
(f) The state board of regents may exempt from the provisions of subsection (c) the Sternberg museum on the campus of Fort Hays state
university, or other specified property which is under the control of such board and which is not used for classroom instruction, where
alcoholic liquor may be consumed in accordance with policies adopted by such board.
(g) The board of regents of Washburn university may exempt from the provisions of subsection (c) the Mulvane art center and the
Bradbury Thompson alumni center on the campus of Washburn university, and other specified property the title of which is vested in such
board and which is not used for classroom instruction, where alcoholic liquor may be consumed in accordance with policies adopted by
such board.
(h) The board of trustees of a community college may exempt from the provisions of subsection (c) specified property which is under the
control of such board and which is not used for classroom instruction, where alcoholic liquor may be consumed in accordance with policies
adopted by such board.
(i) Violation of any provision of this section is a misdemeanor punishable by a fine of not less than $50 or more than $200 or by
imprisonment for not more than six months, or both.
(j) For the purposes of this section, "special event" means a picnic, bazaar, festival or other similar community gathering, which has been
approved by the local governing body of any city, county or township.
History: L. 1949, ch. 242, § 82; L. 1968, ch. 35, § 1; L. 1969, ch. 242, § 1; L. 1971, ch. 175, § 1; L. 1975, ch. 251, § 1; L. 1979, ch. 153, § 13; L.
1981, ch. 200, § 1; L. 1987, ch. 182, § 54; L. 1988, ch. 165, § 3; L. 1990, ch. 180, § 2; L. 1991, ch. 143, § 1; L. 1992, ch. 269, § 1; L. 1995, ch.
59, § 1; L. 1998, ch. 92, § 8; L. 1998, ch. 191, § 4; L. 1999, ch. 153, § 2; L. 2000, ch. 166, § 3; L. 2002, ch. 139, § 1; L. 2005, ch. 201, § 11; L.
2006, ch. 206, § 1; L. 2008, ch. 126, § 7; L. 2009, ch. 114, § 9; L. 2012, ch. 144, § 28; L. 2012, ch. 144, § 29; Jan. 1, 2013.
COUNCIL AGENDA ITEM
AD-C
Department:
Legal & Fire
Staff Contact:
Subject:
Ron Shaver; Jeff DeGraffenreid
Consideration of a detachment agreement with Johnson County Fire District No. 2.
Key Result Area: Public Safety
Executive Summary:
K.S.A. 19-3623f provides that any land included in a fire district which is later
annexed by any city shall remain a part of the fire district unless approved for detachment and exclusion
from the boundaries of the fire district by the city, the fire district, and the board of county commissioners.
The Governing Body has recently approved Ordinance Nos. 14-56, 15-11, and 15-12, each annexing
property into the City of Olathe within the boundaries of Johnson County Fire District No. 2.
The City Council last approved an agreement to detach certain property within the boundaries of Johnson
County Fire District No. 2 (which district includes certain portions of Olathe’s southeastern future growth
area) in November 2013, and before that in June 2013, December 2012 and May 2009.
The City has negotiated the attached detachment agreement with Fire District No. 2 (Attachment A)
consistent with the aforementioned statute and related statutes. This detachment agreement is
substantively identical to the detachment agreement entered with Fire District No. 2 in November and
July 2013.
Fire District No. 2 will consider the detachment agreement at its regularly scheduled board meeting
tonight. Upon City Council and Fire District No. 2 Board approval, the Agreement will be presented to
the Board of County Commissioners for approval.
Fiscal Impact:
After the detachment takes effect, the annexed properties will no longer be subject
to the fire district mill levy.
Johnson County Fire District No. 2.
Attachments:
Approve the detachment agreement with
Attachment A – Detachment Agreement with Fire District No. 2
AGREEMENT FOR DETACHING PROPERTIES
WITHIN JOHNSON COUNTY FIRE DISTRICT NO. 2
THIS AGREEMENT made and entered into this _____ day of __________,
2015, between the City of Olathe, Kansas (hereafter referred to as “City”), and Johnson
County Fire District No. 2 (hereafter “District”), each party having been organized and
now existing under the laws of the State of Kansas.
WITNESSETH:
WHEREAS, the District has been duly created and authorized under the
provisions of K.S.A. 19-3613 et seq. to provide fire protection services to certain territory
in Johnson County, and,
WHEREAS, the Governing Body of the District is authorized by the provisions of
K.S.A. 19-3623f, acting jointly with the governing body of a city, to detach and exclude
from the existing territory of the District any of its territory which may have been
included within the corporate limits of such city by subsequent annexation, and,
WHEREAS, certain territory of the District as originally created has been
annexed by subsequent action of the City pursuant to K.S.A. 12-520 so that it is now
included within the corporate limits of the City, and,
WHEREAS, in the judgment of the Governing Body of the District, such annexed
territory, because of its location, density, and proximity to existing fire stations and
facilities of the City in relation to the station and facilities of the District, may be best
protected by the City, and properly provided with fire protection in such annexed areas,
and,
WHEREAS, the City through its annexation ordinances has reaffirmed its interest
in and willingness to assume fire protection for such annexed territories, and has
negotiated the detachment of such territories, all pursuant to the authority granted by
K.S.A. 19-3623f, and
WHEREAS, the Governing Body of the District has determined that the
detachment and exclusion of such territory by the City will not materially jeopardize or
affect the remaining tax base or affect the ability of the remaining territory of the District
to support and provide for adequate fire protection for the District and would not impair
or render less effective or efficient the existing fire stations and operations within the
remaining territory of the District. The Governing Body of the District has determined
that detachment of these parcels is in the best interest of the patrons in the detached
areas.
NOW THEREFORE in consideration of the above recitals, the City and the
District agree to the following:
1.
That Properties that have been previously annexed by the City pursuant to
Annexation Ordinance Nos. 14-56, 15-11, and 15-12, and which are currently located
within the territory of the District and which have not been previously detached (a copy
of the annexation ordinances of said properties is attached hereto as Exhibit 1) (the
“Properties”), shall be detached and excluded from the boundaries of the District and
shall be transferred to and provided fire protection services by the City, subject to the
requirements set forth in K.S.A. 19-3623f.
2.
In accordance with K.S.A. 2012 Supp. 12-546 (as amended by 2013
Kansas House Bill No. 2249), because the Properties were annexed into the City but
will be detached from the District after the tax year when the annexations occurred, the
District will continue to levy taxes for fire service against the Properties and provide fire
service to the Properties until December 31, 2016. Thereafter, the City will levy taxes
for fire service against the Properties and will provide fire service to the Properties. All
general obligation bonds issued by the District for the acquisition or construction of fire
stations or buildings, the acquisition of sites therefor and the purchase of firefighting
equipment for use in the District, which were issued prior to the effective date of the
annexation of the Properties, as herein provided, shall continue as an obligation of the
Properties at the time such bonds were issued, all as provided for in K.S.A. 19-3623f.
3.
This Agreement shall be governed by, enforced and construed in
accordance with the laws of the State of Kansas.
4.
This Agreement shall be binding upon and shall inure to the benefit of the
City, the District, and their respective successors and assigns.
5.
In the event any one or more of the provisions of this Agreement shall be
held invalid, illegal or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions shall not in any way be affected or impaired.
6.
This Agreement may be executed simultaneously in several counterparts,
each of which shall be deemed to be an original and all of which shall constitute but one
and the same instrument.
7.
The terms and provisions of this Agreement neither include or effect the
transfer of any real or personal property owned by the District nor the payment of
compensation therefor.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed below.
CITY OF OLATHE, KANSAS
By:
ATTEST:
_________________________________
Donald T. Howell
City Clerk
(SEAL)
________________________________
Ronald R. Shaver
City Attorney
____________________________
Michael E. Copeland
Mayor
JOHNSON COUNTY FIRE DISTRICT
NO. 2
________________________________
Chairperson
ATTEST:
________________________________
Secretary/Treasurer
________________________________
Fire District Attorney
EXHIBIT 1
COUNCIL AGENDA ITEM
PS-A1
Department: City Manager’s Office
Staff Contact: Michael Wilkes
Subject: Report from Chamber and City Staff’s trip to New Braunfels, Texas.
Key Result Area: Economic Development
Executive Summary: As a result of the 2013 Economic Summit between the City and the Chamber
of Commerce, New Braunfels, Texas, was identified as a city closely matched to Olathe’s profile. A
mix of chamber staff, board members and city staff visited New Braunfels, December 3-5, 2014,
focusing on growth and development.
Fiscal Impact: None
Recommendations/Options/Action Requested: No action needed. The item is provided for
informational purposes to the City Council.
Attachments: Texas Trip Power Point Presentation
Observe & Learn
Trip Report to the city of New Braunfels, Texas
Presented to Olathe City Council
March 17, 2015
The Why
• Trip borne out of 2013 summit between the City &
Chamber of Commerce regarding economic
development and convention and visitors bureau.
• Consultant identified 10 “like” cities to consider
• New Braunfels best matched Olathe’s profile
• Mix of chamber staff and board members, and city
staff visited Dec. 3-5
General Observations
• Olathe is a progressive community with a bright
future
 Based on consultant discussions
 Based on trip to New Braunfels
• Trips are important for our growth & development
• Focus is not on comparing, rather on learning
Key Takeaways
• Consider a larger, broad-based community
foundation
• Consider a separate cash account for economic
development
• Review buying down interest rate on small
business loans
• Revisit downtown master plan
Key Takeaways (continued)
• New Braunfels based activities/communications
on German culture
 Does Olathe have a similar opportunity?
 Do our demographics support?
• New Braunfels heavily investing in quality
marketing communications
Questions, Comments, Feedback
COUNCIL AGENDA ITEM
PS-A2
Council Meeting Date: March 17th, 2015
Staff Contact: Dianna Wright/Emily Vincent
Subject: Presentation on Capital Improvement Program Prioritization for Water & Sewer projects.
Key Result Area: All
Executive Summary:
As a follow up to feedback from the prior budget process, city staff developed a prioritization activity
to gain input into the development of the proposed five year CIP.
This process includes an internal ranking activity, a presentation to Council for review and input, and
then the development of the proposed five year CIP.
The presentation will provide details on the internal ranking activity process for the Water and Sewer
projects and provide rankings that resulted from the activity.
Fiscal Impact: TBD
Recommendations/Options/Action Requested: Staff is seeking Council input on the Water and
Sewer projects. This information will be utilized to develop the 5 year CIP (2016-2020).
Attachments: A. Water and Sewer Project Descriptions
Project Name
Description
119th Street Water Transmission Main Improvements
The relocation of this 24" waterline is being driven by the Entertainment District improvement
plans along 119th Street west of Renner Blvd. Upsizing of this line is needed to meet ultimate
water demands to the Southeast Pressure Zone. Therefore, 4500 linear feet of 24" line will be
replaced with a 36" waterline between Renner and Ridgeview as it is relocated with this
development project. Phase 1 will replace approximately 1400 linear feet of waterline along
119th Street on the Entertainment District property, and Phase 2 will install the remainder of
the upsized line to Ridgeview (approximately 3100 linear feet).
Black Bob 12" Waterline Replacement (NEW)
Replace approximately 450 L.F. of existing 12" and 8" ductile iron waterline, and the
associated valves south of 135th and Black Bob. This waterline connects the Alden Properties
(SE corner of 135th & Black Bob) to existing infrastructure along Black Bob Road.
Black Bob Waterline Upsizing
The water masterplan analysis found that distribution system waterline improvements are
needed to provide improved hydraulic transmission capacity within the distribution system
and provide for improved fire flow capacities near Black Bob and 143rd Street and Black Bob
and 151st Street.
Cedar Creek WWTP Maintenance Building
This portion of the project includes a new maintenance building to be constructed for the
facility.
Collector Well 5 will supply additional raw water for treatment at Water Treatment Plant 2 to
meet future growth demands for the City and its customers. This new well will be located
along the Kansas River, and upstream from the existing well field. The project will include
approximately 3000 linear feet of 48 inch raw water line along with a standby generator at the
Collector Well. Stabilization of the Kansas River bank will also be a part of the project. Design
has been completed and construction will be completed in the future as required to meet
demands.
Collector Well 5
Collector Well No. 6
Collector Well No. 6 will supply additional raw water for treatment at Water Plant No.2 to
meet future growth demands for the City and its customers. This new well will be located
along the Kansas River, and upstream from the existing well field.
Dresser Hydrant Replacement
This project will replace the approximately 300 Dresser Hydrants with new hydrants. The
Dresser Hydrants have been prone to leaking and replacement parts are no longer available.
Elevated Storage Tank, 151st & Mur-Len
The land for this project was purchased in 2007. This project will fund the design and
construction of a new 1 million gallon (MG) elevated storage tank in the Southeast Pressure
Zone. Landscaping was planted in 2013 to establish trees along the perimeter of the site as
required with approval of the project. Construction of the tank will be completed dependent
on demand.
Environmental Laboratory
A space needs study completed in 2009 identified the need to expand the City's environmental
laboratory. The needs assessment projected 9,775 gross square feet will meet the near-term
and future projected needs of the laboratory. The project will include alternatives analysis,
conceptual design, and final design along with construction of the facility. The alternatives
analysis will include evaluating various sites to determine the optimal location for a new
laboratory, as well as the cost effectiveness of renovating the existing laboratory.
Harold and VanMar Lift Station Replacement
Rehabilitation of the Harold & VanMar lift station with new submersible pumps and new
electrical and control systems.
This project will consist of the replacement of approximately 2,600 linear feet of existing 16"
Ductile Iron transmission waterline located parallel to Harrison St. from South of Old 56
Highway to Hamilton Circle. The line will be replaced with a new 16" Ductile Iron Pipe.
Harrison St. Waterline
JCW Metering Vault Improvements (NEW)
This project will replace the existing sampling equipment; and replace or repair mechanical,
electrical and structural components determined by inspection and/or maintenance history to
be in poor and failing condition, resulting in increased operations and maintenance costs.
Lift Station Replacements
The City currently has 22 sanitary sewer lift stations. This proejct includes rehabilitation and
equipment replacement for 12 of these lift stations to improve operations and efficiency. The
scope of work for this project is based on the results of a LIft Station Study that was completed
in 2013. Project will include: Prairie Highlands and Sunset and Dennis Stations in 2015; Hedge
Lane and 111th Street Stations in 2016; 103rd Street and 95th Street stations in 2017; Cedar
Lane, Providence Village and 56 Highway stations in 2018; Mission Ridge, North Parker and
North Woodland stations in 2019.
Lone Elm Booster Pump Station and 12" Main
This project includes approximately 4 miles of 12-inch distribution water main to be installed
along Lone Elm to 159th Street, then along 159th Street to North Loop Road at the current
New Century Airport Connection. The improvements include the installation of a water
booster pump station needed to meet the minimum fire flow requirements of 20 psi in the
southwest portion of the City and allow for new growth along 159th Street.
Neighborhood Sanitary Sewer Improvements
This project will replace sanitary sewers determined by inspection and/or maintenance history
to be in poor and failing condition, resulting in increased operations and maintenance costs,
an increase of extraneous flows, an increase in the potential for backups and overflows, and
potentially reducing system capacity.
North Parker Sanitary Sewer (Gravity) (NEW)
Installation of approximately 1700 L.F. of new 8" PVC sewerline and associated manholes
north of Harold on Lone Elm/Parker to serve seven properties currently served by septic tank
systems.
Phase 1 included construction of 15,000 linear feet of 48" raw water transmission main
between Water Treatment Plant 2 and the Kansas River. This main was connected to the
existing raw water main to provide redundancy and was completed in 2013. Phase 1 also
includes construction of a lime residual monofill, lime residual pipe line, and miscellaneous
plant improvements.
Phase 2 will consist of approximately 2,000 linear
feet of Horizontal Directional Drilling (HDD) boring across the river to allow connection to
Collector Well 5.
Raw Water Transmission Main, CW5 to WTP2
Raw Waterline CW5 to CW6
This raw waterline is needed to connect Collector Well No. 5 to Collector Well No. 6
Remote Facilities Improvements
This project consists of the replacement of all the electrical feed equipment at all of the water
tower sites, addition of air conditioning for Collector Well No. 1, lighting and security upgrades
along with lightning protection upgrades for the well field. The project also includes the
rehabilitation or replacement of the existing pumps as determined by the asset management
system. All remote facility piping will be recoated to extend the useful life.
Sanitary Sewer Rehab (I&I)
This project includes the groundwater infiltration and stormwater inflow (I&I) program and
will systematically rehabilitate and replace sanitary sewer lines and manholes which have
been identified and prioritized from asset maintenance inspections with respect to flow and
structural maintenance conditions that contribute to I&I.
Standpipe Recoatings
Each of the City's water storage facilities require regularly scheduled recoating to prevent
deterioration of either the tank or the quality of water supply. The exterior of the Renner
tower is scheduled to be painted in the fall of 2014 with Black Bob #1 interior and exterior
scheduled for 2015 and Black Bob #2 interior scheduled for 2017.
Water Treatment Plant 2: Basin Expansion
This project includes a retrofit of Basin No. 4 with solids contact clarifier equipment and
building an approximately 60 ft by 100 ft flocculation/sedimentation basin to provide up to 64
mgd.
The project will consist of the replacement of the existing chemical feed lines in the yard and
enclosing them in a concrete duct bank to allow future replacement and maintenance without
excavation. A spare line will be installed for each system and pipe sizes will be selected to
allow for future expansion and improve reliability. Project also includes addition of standby
chemical pumps to prevent plant downtime, the addition of chemical containment areas, and
sanitary sewer improvements to the site.
Water Treatment Plant 2: Chemical Feed Modifications
Water Treatment Plant 2: Electrical/Backup Power
Project will include a second generator at the water plant to provide backup power for the
entire plant and the installation of generators for Collector Wells 3 and 4. This project includes
a centralized power distribution system and control system improvements to the water plant
site to minimize power disruptions and allow backup power to be provided.
Water Treatment Plant 2: Membrane Module Additions
This project includes membrane module additions for Water Treatment Plant 2, including
construction of 9.3 MGD treatment expansion with the installation of five new Pall
microfiltration membrane racks in the existing membrane building.
Waterline Rehabilitation
This on-going project will repair, replace or rehabilitate waterlines as identified through the
asset management condition assessment evaluation process. This process incorporates
criticality of location, age, material, corrosive soils, number of breaks per mile, capacity and
history of leaks.
This project includes the addition of a disinfection system to protect public health and safety
and meet regulatory requirements. This disinfection change will allow the water plant
clearwells to return to their intended purpose of finished water storage. This project will
install a new building to house the disinfection equipment.
WTP 2: Alternative Disinfection
WTP2: Basin Modification
Project will paint the interior of the aboveground clearwell, the equipment in all four
treatment basins and replace equipment in three of the four existing basins. Project will
include hydraulic improvements to existing basins to improve treatment.
WTP2: Lime Feed Building
This project includes a building to house the lime feed equipment and replacement of the
existing equipment. This project includes grit removal equipment and structural modifications
of the lime silos to allow relocation of the lime feed equipment.
COUNCIL AGENDA ITEM
PS-A3
Council Meeting Date: March 17th, 2015
Staff Contact: Dianna Wright and Emily Vincent
Subject: Presentation and discussion on the City Council budget survey results.
Key Result Area: Economic Sustainability
Executive Summary:
Earlier this month, the City Council participated in a budget survey to help develop the Council guiding
principles for the 2016/2017 budget process. The results of the survey will be presented and there will be
an opportunity for discussion.
Fiscal Impact: The Council guiding principles will be used by staff in developing a proposed 2016/2017
budget.
Recommendations/Options/Action Requested: None.
Attachments: Attachment A Presentation on the City Council Budget Survey Results
2016-2017 OLATHE CITY COUNCIL
BUDGET SURVEY RESULTS
1
Without regard to funding, rank
the following City Council Priorities
as High, Medium or Low
Priority
Average
Ranking
Citizens feel and are safe in person and property
3.00
Meet financial challenges of the future with priority-based decision making
focused on long-term strategies
2.86
Deliver high quality customer service
2.71
Optimize resources through collaboration and partnerships to reduce costs and
improve services
2.29
Continue to support economic development and job creation
2.29
Pursue environmental stewardship
1.57
Identify any priorities which have not
been addressed
o Expansion of Olathe Public Library through Grants
and any Bonds that can be done fiscally; also,
establish how much can be used from 1/8 cent sales
tax that was approved.
o Update City's Strategic Plan
Emphasis over the next two years
Identify any specific objectives or
areas of emphasis for the 2016 - 2017
operational budget
o No mill levy increase.
o Develop Private/Public Partnerships for development of
Olathe Lake & Cedar Lake.
o Continue fiscal responsibility.
o Find funding for Library expansion.
o Train quiet zones for south Olathe.
Identify any specific objectives or
areas of emphasis for the 2016 - 2017
operational budget continued
o The implementation of a new Transportation Plan
supporting vehicles, pedestrians, and cycling.
o Vision of 2021 and where we need to take action in
2016 to achieve it.
o Potential cutback in State reimbursements and
contingency plans.
Council Discussion
o Further clarification?
o Additional feedback?
COUNCIL AGENDA ITEM
PS-A4
Staff Contact: Dianna Wright, Amy Tharnish
Subject: Discussion of Debt Margin
Key Result Area: Economic Sustainability
Executive Summary:
At the January 20th City Council meeting staff and the City’s Financial Advisor presented a status update on
the debt issuance limits and available debt margin. Council requested additional information regarding existing
debt obligations and additional debt opportunity without impacting the City’s bond rating.
Staff will provide information to the Council’s follow-up questions and review proposed debt margin guidelines
for Council’s consideration.
Fiscal Impact: The debt management policy provides the structure of continuing fiscal stability. Changes to
the debt limit policy may impact the capital improvement program.
Recommendations/Options/Action Requested: Staff is seeking Council input on proposed debt
management guidelines. The guidelines will be used by staff in developing the proposed 2016-2020 GO
funded capital improvement program.
Attachments:
A. Presentation
Debt Margin
Prepared by
Resource Management
Columbia Capital
March 17, 2015
Agenda
•
•
•
•
Follow-up questions from January
presentation
Current Policy
Proposed Debt Margin Guidelines
Questions
Past Projects
Description
Total Bonded Debt
Year Paid Off
$10,026,145
2033
23,449,953
2033
6,264,000
2023
12,373,325
2033
5,300,515
2033
17,332,220
2033
Santa Fe Streetscape
7,087,097
2033
Woodland, 119th to College
7,944,740
2033
127th, Murlen to Black Bob
6,100,064
2031
14,825,506
2031
Mur-Len Road, 175th Street North
5,120,629
2030
Infrastructure at K-State Bioscience
5,468,334
2030
167th Ridgeview to BlackBob
5,848,048
2031
Community Center/Stagecoach Park
10,848,158
2033
Convention Center
12,905,000
2035
127th & I-35 Overpass
Santa Fe, W of Ridgview Grade Seperation
Municipal Service Center
Municipal Court Building and Fire Admin building remodels
City Hall Improvements
I-35, 159th & Lone Elm Intersection
Police Building Phase I
Benefit District Debt Balance
Total General Obligation Debt
Outstanding
Additional Debt Capacity
What is the additional debt capacity available that
would not impact our bond rating?
Additional Debt Capacity
What is the additional debt capacity available that
would not impact our bond rating?
•
Adding $98,329,579 in debt in 2016 increases
mill levy 6.5 mills
•
Adding $6,900,000 in debt in 2016 has no mill
levy increase
Current Debt Management Policy
Resolution 10-1073 establishes maximum debt limit and minimum fund balance
of the Debt Reserve Fund.
E. Debt Issuance Limits, Debt Structure and Repayment Schedules
1. The city shall use the following limits to guide issuance of debt:
(a) The City’s goal will be to not exceed seventy (70) percent of its
statutory debt limit.
F. Operating Reserves
2. In order to meet potentially unanticipated needs it shall be the goal of
the city to maintain the following reserves:
(c) An annual cash basis and contingency reserve in the debt
service fund of at least ten (10) percent of the annual principal
and interest and capital improvement lease payments.
Recommended Debt Management
Guidelines

DEBT ISSUANCE WILL COMPLY WITH THE CITY COUNCIL’S GUIDING
PRINCIPLES ON THE CITY’S MILL LEVY.

THE CITY, WHENEVER POSSIBLE, WILL LEVERAGE RESOURCES WITH
OUTSIDE FUNDING.

TOTAL OVERALL NET DIRECT DEBT AGGREGATE LIMIT
<8%

PERCENTAGE OF ISSUANCE TO AMORITIZATION
<10%

PERCENTAGE OF 10-YEAR AMORITIZATION
80%

DEBT SERVICE FUND BALANCE TARGET
20%
Example: Ranking presented to
Council
Questions?

AEX32 Print - City of Olathe

Transcription

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