JOHNSON COUNTY PUBLIC NOTICES PAGE THE LEGAL RECORD • OCTOBER 14, 2014
Transcription
JOHNSON COUNTY PUBLIC NOTICES PAGE THE LEGAL RECORD • OCTOBER 14, 2014
THE LEGAL RECORD • OCTOBER 14, 2014 JOHNSON COUNTY PUBLIC NOTICES ORDINANCE NO. 2690C First published in The Legal Record, Tuesday, October 14, 2014. ORDINANCE NO. 2690C 11-101 above, shall be omitted and deleted. See 2014 HB 2578 ORDINANCE AMENDING SECTIONS 11-101 THROUGH 11-106 AND ADDING A NEW SECTION 11-103A OF THE CODE OF THE CITY OF LEAWOOD, 2000, PERTAINING TO REGULATING PUBLIC OFFENSES WITHIN THE CORPORATE LIMITS OF THE CITY OF LEAWOOD, KANSAS; INCORPORATING BY REFERENCE THE ‘UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES,’ 2014 EDITION, WITH CERTAIN AMENDMENTS AND OMISSIONS, SUCH INCORPORATION BEING AUTHORIZED BY K.S.A. §12-3009 THROUGH 12-3012, AND K.S.A. § 12-3301 AND 12-3302, AND REPEALING EXISTING § 11-101 THROUGH 11-106, AND OTHER SECTIONS IN CONFLICT HEREWITH. SECTION FIVE: 11-104. AIR GUN, AIR RIFLE, PAINTBALL GUN, BOW AND ARROW, SLINGSHOT OR BB GUN (a) The unlawful operation of an air gun, air rifle, paintball gun, bow and arrow, slingshot or BB gun is the shooting, discharging or operating of any air gun, air rifle, paintball gun, bow and arrow, slingshot or BB gun, within the city, except within the confines of a building or other structure from which the projectiles cannot escape. Section 11-101 of the Code of the City of Leawood, Kansas, 2000, is hereby ARTICLE 1. UNIFORM OFFENSE CODE 11-101. UNIFORM CODE INCORPORATED. There is hereby incorporated by reference the “Uniform Public Offense Code for Kansas Cities”, 2014 Edition, prepared and published by the League of Kansas Municipalities, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed, such incorporation being authorized by K.S.A. § 12-3009 through §12-3012, inclusive, as amended. No fewer than three copies of said uniform ordinance shall be marked or stamped “Official Copy as Incorporated by Ordinance No. ‘2690C’, with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. (Code 2000) (Ord. 1904C; 08-06-01) (Ord. 1958C; 11-04-02) (Ord. 2023C; 09-15-03) (Ord. 2083C; 09-20-04) (Ord. 2137C; 11-07-05) (Ord. 2193C; 11-06-06) (Ord. 2304C; 02-04-08) (Ord. 2351C; 10-06-08) (Ord. 2418C; 11-02-09) (Ord. 2463C; 09-20-10) (Ord. 2515C; 10-17-11) (Ord. 2578C; 10-01-12) (Ord. 2639C; 10-21-13) SECTION TWO: amended to read as follows: Unlawful operation of an air gun, air rifle, paintball gun, bow and arrow, slingshot or BB gun is a Class C violation. (b) The unlawful possession of an air gun, air rifle, paintball gun, bow and arrow, slingshot or BB gun is the possession of an air gun, air rifle, paintball gun, bow and arrow, slingshot or BB gun with the intent to shoot, discharge, or operate the air gun, air rifle, paintball gun, bow and arrow, slingshot or BB gun within the city, except within the confines of a building or other structure from which the projectiles cannot escape. Unlawful possession of an air gun, air rifle, paintball gun, bow and arrow, slingshot or BB gun is a Class C violation. (Ord. 1797C; 5-17-99) (Code 2000) (Ord. 1958C; 11-04-02) (Ord. 2023C; 09-15-03) (Ord. 2083C; 09-20-04) (Ord. 2137C; 11-07-05) (Ord. 2193C; 11-06-06) (Ord. 2304C; 02-04-08) (Ord. 2351C; 10-06-08) (Ord. 2418C; 11-02-09) (Ord. 2463C; 09-20-10) (Ord. 2515C; 10-17-11) (Ord. 2578C; 10-01-12) (Ord. 2639C; 10-21-13) Section 11-102 of the Code of the City of Leawood, Kansas, 2000, is hereby 102-102. SAME; AMENDMENT. The Uniform Code incorporated in Section 11-101, is hereby amended by adding a new section 6.15a, entitled “Anti-Scavenger,” to read as follows: ANTI-SCAVENGER. It shall be unlawful for any person not licensed by the City and not under contract with the owner or occupant, to remove from private property or public rightof-way any recyclable item which has been placed by the occupant for collection by a person holding a permit to collect solid waste; provided, however, that this section shall not apply to law enforcement officers and other City employees acting in accordance with law. (Ord. 1161C; 05-07-90) (Code 2000) (Ord. 1895C; 06-18-01) (Ord. 1958C; 11-04-02) (Ord. 2023C; 09-15-03) (Ord. 2083C; 09-20-04) (Ord. 2137C; 11-07-05) (Ord. 2149C; 01-03-06) (Ord. 2193C; 11-06-06) (Ord. 2304C; 02-04-08) (Ord. 2351C; 10-06-08) (Ord. 2418C; 11-02-09) (Ord. 2463C; 09-20-10) (Ord. 2515C; 10-17-11) (Ord. 2578C; 10-01-12) (Ord. 2639C; 10-21-13) SECTION THREE: amended to read as follows: . Section 11-104 of the Code of the City of Leawood, Kansas, 2000, is hereby amended to read as follows SAME; AMENDMENT. Section 10.6 of the Uniform Code incorporated in Section 11-101 above shall be amended to read as follows: NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LEAWOOD, KANSAS: SECTION ONE: amended to read as follows: SECTION SIX: to read as follows: Section 11-104a of the Code of the City of Leawood, Kansas, 2000, is hereby amended 11-104a. SAME; AMENDMENT. Section 10.5 of the Uniform Code incorporated in Section 11-101 above shall be amended to read as follows: UNLAWFUL DISCHARGE OF FIREARMS. (a) Unlawful discharge of firearms is the discharging or firing of any gun, rifle, pistol, revolver or other firearm within or into the corporate limits of the City of Leawood. (b) This section shall not apply if: 1. The firearm is discharged in the lawful defense of one’s person, another person or one’s property; 2. The firearm is discharged at a private or public shooting range; 3. The firearm is discharged to lawfully take wildlife only if expressly authorized in writing by the City’s Governing Body; 4. The firearm is discharged by authorized law enforcement officers, animal control officers or a person who has a wildlife control permit issued by the Kansas department of wildlife, parks and tourism. 5. The firearm is discharged by special permit of the chief of police; 6. The firearm is discharged using blanks and is used by a ceremonial firing squad or used in a starting gun for a bona fide authorized sporting event. 7. The firearm is discharged in lawful self-defense or defense of another person against an animal attack. Section 11-103 of the Code of the City of Leawood, Kansas, 2000, is hereby Unlawful discharge of firearms is a Class B violation. 102-103. SAME; AMENDMENT. Section 10.1 of the Uniform Code incorporated in Section 11-101 above is hereby amended to read as follows: (A) (1) SECTION SEVEN: amended to read as follows: CRIMINAL USE OF WEAPONS Criminal use of weapons is knowingly: Selling, manufacturing, purchasing, possessing or carrying any bludgeon, sandclub, metal knuckles, or throwing star. Possessing with intent to use the same unlawfully against another, a billy, blackjack, slunghshot, or any other dangerous or deadly weapon or instrument of like character; (2) (3) Setting a spring gun. (B) Criminal use of weapons as defined in subsection (A)(1), (A)(2) or (A)(3) is a Class A violation. (C) Subsections (A)(1) and (A)(2) shall not apply to: (1) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer; (2) Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority; (3) Members of the armed services or reserve forces of the United States or the Kansas National Guard while in the performance of their official duty; or (4) Manufacture of, transportation to, or sale of weapons to a person authorized under (C) (1) through (C)(3) of this section to possess such weapons. (Ord.1797C; 5-17-99) (Code 2000) (Ord. 1904C; 08-06-01) (Ord. 1958C; 11-04-02) (Ord. 2023C; 09-15-03) (Ord. 2083C; 09-20-04) (Ord. 2137C; 11-07-05) (Ord. 2193C; 11-06-06) (Ord. 2230C; 05-21-07) (Ord. 2304C; 02-04-08) (Ord. 2351C; 10-06-08) (Ord. 2418C; 11-02-09) (Ord. 2463C; 09-20-10) (Ord. 2515C; 10-17-11) (Ord. 2578C; 10-01-12) (Ord. 2639C; 10-21-13) 11-105. (Ord. 2639C; 10-21-13) Section 11-105 of the Code of the City of Leawood, Kansas, 2000, is hereby SAME; AMENDMENT. Section 10.13 of the Uniform Code incorporated in Section 11-101 above shall be amended to read as follows: BARBED WIRE It shall be unlawful for any person to construct, set up or maintain any barbed wire or barbed wire fence or enclosure within the city, except on property zoned for agricultural purposes. Violation of this section is a Class C violation. to read: 11-105a. SECTION EIGHT: SAME; AMENDMENT. Sections 10.24, 10.25 and 10.26 of the Uniform Code incorporated in Section 11-101 above, pertaining to smoking, shall be omitted and deleted. See Article 9 of Chapter 11 of the Code of the City of Leawood, 2000 (Ord. 2463C; 09-20-10) (Ord. 2515C; 10-17-11) (Ord. 2578C; 10-01-12) (Ord. 2639C; 10-21-13) See 2014 HB 2578 SAME; AMENDMENT.Sections 10.3 and 10.4 of the Uniform Code incorporated in Section (Ord. 1797C; 5-17-99) (Code 2000) (Ord. 1904C; 08-06-01) (Ord. 1958C; 11-04-02) (Ord. 2023C; 09-15-03) (Ord. 2083C; 09-20-04) (Ord. 2137C; 11-07-05) (Ord. 2193C; 11-06-06) (Ord. 2304C; 02-04-08) (Ord. 2351C; 10-06-08) (Ord. 2418C; 11-02-09) (Ord. 2463C; 09-20-10) (Ord. 2515C; 10-17-11) (Ord. 2578C; 10-01-12) (Ord. 2639C; 10-21-13) Section 11-105a of the Code of the City of Leawood, 2000 is hereby amended SECTION FOUR: The Code of the City of Leawood, 2000, is hereby amended by adding a new Section 11-103A which reads as follows: 11-103A. PAGE CONTINUED ON NEXT PAGE PAGE THE LEGAL RECORD • OCTOBER 14, 2014 JOHNSON COUNTY PUBLIC NOTICES TREASURER'S QUARTERLY FINANCIAL STATEMENT CONTINUED FROM PRECEDING PAGE SECTION NINE: Section 11-106 of the Code of the City of Leawood, Kansas, 2000, is hereby amended to read as follows First published in The Legal Record, Tuesday, October 14, 2014. TREASURER'S QUARTERLY FINANCIAL STATEMENT 11-106. SAME; AMENDMENT. Section 11.11 of the Uniform Code incorporated in Section 11-101 above pertaining to Cruelty to Animals is hereby omitted and deleted. For the period from July 1 through September 30, 2014 This form meets the Requirements of R.S. 12-1608 Supplement 1933 Abuse of Animals, see Code of The City of Leawood, 2-103, 2-104 (Ord. 1797C; 5-17-99) (Code 2000) (Ord. 1958C; 11-04-02) (Ord. 2023C; 09-15-03) (Ord. 2083C; 09-20-04) (Ord. 2137C; 11-07-05) (Ord. 2193C; 11-06-06) (Ord. 2304C; 02-04-08) (Ord. 2418C; 11-02-09) (Ord. 2463C; 09-20-10) (Ord. 2515C; 10-17-11) (Ord. 2578C; 10-01-12) (Ord. 2639C; 10-21-13) SECTION TEN: This ordinance shall be construed as follows: A. Liberal Construction. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes which are hereby found and declared to be in furtherance of the public health, safety, welfare, and convenience. B. Savings Clause. The repeal of Ordinance sections, as provided herein below shall not affect any rights acquired, fines, penalties, forfeitures or liabilities incurred there under, or actions involving any of the provisions of said Ordinances or parts thereof. Said Ordinance repealed is hereby continued in force and effect after the passage, approval, and publications of this Ordinance for the purposes of such rights, fines, penalties, forfeitures, liabilities and actions therefore. C. Invalidity. If for any reason any chapter, article, section, subsection, sentence, portion or part of this proposed Ordinance set out herein, or the application thereof to any person or circumstances is declared to be unconstitutional or invalid, such decision will not affect the validity of the remaining portions of this Ordinance or other Ordinances. SECTION ELEVEN: are hereby repealed. SECTION TWELVE: in the official city newspaper. That existing Sections 11-101 through 11-106 of the Code of the City of Leawood This ordinance shall take effect and be in force from and after its publication CITY OF LEAWOOD, KANSAS FUNDS (+1) Old Balances General $ 16,341,380.71 $ 6,978,198.88 $ 8,207,621.66 $ 15,111,957.93 Special Alcohol $ 495,138.57 $ 133,952.01 $ 102,711.50 $ 526,379.08 Special Highway $ 1,030,353.14 $ 217,823.09 $ 1,170,320.66 $ 77,855.57 Special Parks $ 145,177.87 $ 133,468.34 $ 245,889.09 $ 32,757.12 Special Law Enforcement $ 32,506.51 $ 9,407.45 $ - $ 41,913.96 American Revolution $ 8,531.96 $ $ - $ 8,531.96 Transient Guest Tax $ 207,258.71 $ 108,836.14 $ - $ 316,094.85 Insurance Proceeds $ $ 30,936.09 $ - $ 30,936.09 City Equipment $ 10,260,706.61 $ 52,954.48 $ 915,868.80 $ 9,397,792.29 Street Improvements $ 1,641,979.19 $ 437,751.69 $ 277,024.15 $ 1,802,706.73 Capital Improvements $ 4,271,312.89 $ 5,324.39 $ 216,388.53 $ 4,060,248.75 1/8 Cent Sales Tax $ 238,956.46 $ 322,127.06 $ 267,413.02 $ 293,670.50 City Capital Art $ 336,739.98 $ 465.30 $ 10,966.77 $ 326,238.51 Park Impact Fees $ 70,719.91 $ 157.29 $ - $ 70,877.20 Public Art Fee Impact Fees $ 295,405.40 $ 478.75 $ - $ 295,884.15 So Lea Traffic Impact Fees $ 263,533.22 $ 363.32 $ - $ 263,896.54 135th S. Corridor Impact Fees $ 47,539.56 $ 872.74 $ - $ 48,412.30 Public Safety Improvement Fund $ 3,223,743.84 $ 257,213.52 $ 65,934.00 $ 3,415,023.36 - (+2) Receipts (-3) Disbursements - (=4) New Balances Capital Projects $ 12,772,103.10 $ 28,567,397.04 $ 20,030,900.21 $ 21,308,599.93 PASSED by the Governing Body this 6th day of October, 2014. Debt Service Fund $ 12,612,811.90 $ 4,638,599.35 $ 10,356,316.92 $ APPROVED by the Mayor this 6th day of October, 2014. Employee Giving $ 911.38 $ 506.89 $ 656.99 $ 761.28 Municipal Court $ 174,535.28 $ 28,715.50 $ 39,220.50 $ 164,030.28 Resurrection TDD $ 14,528.52 $ - $ 14,000.00 $ 528.52 Cornerstone TDD $ 35,397.73 $ - $ 35,397.73 $ - Villaggio TDD $ - $ - $ - One Nineteen TDD $ - $ - $ Park Place TDD $ 157,648.76 $ 76,351.31 $ Totals $ 64,678,921.20 $ 42,001,900.63 $ [SEAL] ATTEST: /s/ Debra Harper Debra Harper, City Clerk CMC /s/ Peggy J. Dunn Peggy J. Dunn, Mayor Total Available Cash APPROVED AS TO FORM: /s/ Patricia A. Bennett Patricia A. Bennett, City Attorney 10/14 41,956,630.53 $ 6,895,094.33 234,000.07 $ 64,724,191.30 $ 64,724,191.30 LIABILITIES AND OBLIGATIONS Temporary Notes General Obligation Bonds Revenue Bonds Leases $ 22,060,000.00 $ 51,450,000.00 $ $ 1,186,341.03 Total $ 74,696,341.03 I do hereby certify that the above statement is correct. Signed: /s/Dawn D. Long, City Treasurer 10/14 THE LEGAL RECORD • OCTOBER 14, 2014 PAGE JOHNSON COUNTY PUBLIC NOTICES ORDINANCE NO. 2692C First published in The Legal Record, Tuesday, October 14, 2014. ORDINANCE NO. 2692C ORDINANCE AMENDING SECTION 2-202 OF THE OF THE CODE OF THE CITY OF LEAWOOD, 2000, PERTAINING TO ANIMALS, LIMITATIONS ON OWNERSHIP AND REPEALING EXISTING § 2-202 AND OTHER SECTIONS IN CONFLICT HEREWITH. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERING BODY OF THE CITY OF LEAWOOD, KANSAS: SECTION ONE: Section 2-202 of the Code of the City of Leawood, Kansas, 2000, is hereby added to read as follows: 2-202. LIMITATIONS ON OWNERSHIP. (a) It shall be unlawful for any person to own, harbor or keep more than two dogs and/or two cats over six months of age in the City of Leawood unless the person has properly obtained a permit allowing the person to keep a greater number of dogs and/or cats. (b) Any person who desires to own, keep or harbor more than two dogs and/or two cats may apply to the City Clerk for a “Special Animal Permit,” that shall, upon issuance, allow the applicant to own, keep or harbor the animals specifically allowed in that permit. 1. All applicants must adequately show that special circumstances exist that justify the keeping of the subject animals, and that the keeping of additional animals will not create a nuisance in the surrounding neighborhood, that reasonable animal care will be provided and that the premises where the animals are kept is suitable for the keeping of multiple animals and is in conformity with all City zoning requirements. The criteria to be evaluated include, without being limited to the following: a. That the animals will be kept or maintained at all times in a safe and sanitary manner. b. That the quarters in which such animals are kept or confined will be adequately lighted and ventilated and are so constructed and maintained that they can be kept in a clean and sanitary condition. c. That the health and well-being of the animals will not in any way be endangered by the manner of keeping or confinement. d. That the keeping of such animals will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood. e. That the keeping of such animals will not cause fouling of the air by offensive odors and thereby create or cause unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animals are kept or harbored. f. That the animals will not unreasonably annoy humans, endanger the life, health or safety or citizens to the enjoyment of life or property. g. That the animals will not repeatedly run or be found at large, will not damage or deposit excretory matter upon the property of anyone other than their owner, and will not chase vehicles or molest or intimidate pedestrians or passersby. h. (j) An initial permit fee in the amount of $100.00 shall be paid by the owner, keeper or harborer of the animal identified in the permit. The permit may be renewed each year upon reinspection of the premises and verification by an ACO that the premises and animals meet the requirements set forth above. A permit renewal fee in the amount of $50.00 shall be paid by the owner, keeper or harborer, for each year thereafter. All fees shall be nonrefundable and nontransferable. SECTION TWO: That this ordinance shall be construed as follows: INTERPRETATION A. Liberal Construction:The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes which are hereby found and declared to be in furtherance of the public health, safety, welfare, and convenience. B. Invalidity: If for any reason any chapter, article, section, subsection, sentence, portion or part of the proposed ordinance set out, or the application thereof to any person or circumstance is declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of the Code or other ordinances. SECTION THREE: SECTION FOUR: official city newspaper. That existing Code Section 2-202 is hereby repealed. That the City Clerk is hereby directed to publish said ordinance once in the PASSED by the Governing Body this 6th day of October, 2014. APPROVED by the Mayor this 6th day of October, 2014. [SEAL] /s/ Peggy Dunn, Mayor Peggy Dunn, Mayor ATTEST: /s/ Debra Harper Debra Harper, CMC, City Clerk APPROVED AS TO FORM: /s/ Franki Parsons Franki Parsons, Assistant City Attorney 10/7 ORDINANCE NO. 5400 First published in The Legal Record, Tuesday, October 14, 2014. ORDINANCE NO. 5400 That the animals will not make disturbing noises, including but not limited to, continued and repeated or untimely howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors and others in close proximity to the premises where the animals are kept or harbored, or otherwise be offensive or dangerous to the public health, safety or welfare, by virtue of their behavior, number, type or manner of keeping. That the applicant or any person who will share in the care, custody and control of the animals, is not currently in violation of, or has not previously violated any applicable City, state or federal laws, codes, rules or regulations, including but not limited to, those pertaining to the reasonable animal care and control of animals and the maintenance of their property, which would reflect adversely on their ability to fully comply with the conditions of the subject permit. AN ORDINANCE APPROPRIATING THE AMOUNTS SET UP IN EACH FUND IN THE BUDGET FOR FISCAL YEAR 2015, PROVIDING FOR THE PAYMENT OF ALL CLAIMS AND CHARGES AGAINST THE ACCOUNTS PROVIDED FOR THEREIN; APPROVING AND RATIFYING THE PAYMENT OF ALL CLAIMS AGAINST THE ACCOUNTS; AND AUTHORIZING EXECUTION OF ONGOING, ANNUAL MAINTENANCE AND LICENSING AGREEMENTS. The City Clerk shall deny any application where the applicant fails to show proof of the aforementioned requirements by review of an examination of the documentation submitted by the applicant, or an investigation by the Police Department, reveals that, in the opinion of the Police Department, the applicant has failed to meet the requirements of this Section. Any such applicant shall be required to show proof of meeting the required standards by clear and convincing evidence. The Police Department shall submit a written report of its investigation stating the factual basis for its recommendation to grant or deny any application. The Police Department shall consider the comments of neighbors, past violations by applicant, the size, condition and location of the area where the animals will be kept, the size of the animals to be kept, past complaints concerning the applicant and the criteria set forth in this Section and any other factors relevant to the issue of keeping additional animals. (d) The City Clerk shall establish an application process to be followed by all individuals seeking a “special animal permit.” The permit shall be issued for the period from January 1st through December 31st of each year. The special animal permit shall be for no more than eight [8] animals and shall be issued for the individual animals listed in the application and shall not be transferable to other animals except for a circus, bona fide educational institution, bona fide medical institution, or bona fide museum, kennel, pet shop, bona fide licensed veterinary hospital, livery or riding stable, commercial zoo, zoological park, animal act, or similar place of exhibition of animals, which may substitute animals up to a certain number as approved in the special animal permit. The fact an individual has previously been issued a special animal permit may be considered but shall not be controlling in the City Clerk’s decision to issue a special animal permit for a different animal. (e) The City Clerk may revoke any permit if the person holding the permit refuses or fails to comply with this Chapter, the regulations promulgated by the City Council, or any state or local law such as those governing cruelty to animals, or the keeping of animals, or if the animals’ place of keeping otherwise constitutes a nuisance to the surrounding neighbors or that the permittee had provided false information in the application. Any person whose permit is revoked shall, within 30 days thereafter, sell or otherwise humanely remove the animals from the premises and no part of the permit fee shall be refunded. WHEREAS, the City has annual, ongoing maintenance and licensing agreements in excess of $50,000 for software programs (“Annual Maintenance Agreements”), which sums have been included within the amounts appropriated in the Fiscal Year 2015 Budget; and i. (c) (f) (g) (h) As used in this Section, “special circumstances” is defined as any unusual, extraordinary and exceptional situation or condition whereby the strict application of the numerical limits set forth in this Section would be contrary to the intent, purposes and objectives of such limitations and would be contrary to the public interest and welfare. The provisions of this Section do not apply to service animals otherwise governed under K.S.A. 39-1101 et seq. Any person who is denied a special animal permit or who has had an existing permit revoked may, within 10 days thereafter, file a written notice or statement of appeal from said decision, ruling, action or finding to the Leawood Municipal Court including the administrative fee, for an administrative hearing thereon. 1. An administrative fee of $10.00 shall be paid to the Municipal Court Clerk and is required for each appeal to the Municipal Court, and no appeal shall be set for hearing until such fee has been paid. 2. The filing of an appeal under this Subsection shall stay any action taken pursuant to this chapter for sixty (60) days, provided, however, that the Judge of the Municipal Court may grant an additional stay up to a total of 120 days from the day of the original denial of the special animal permit. 3. The hearing on the appeal shall be conducted by a Leawood Municipal Court judge who will sit as an administrative judge for purposes of this chapter. The sole issue for determination shall be whether decisions, rulings, actions or findings of the Police Department and/or City Clerk were within the scope of their authority, supported by substantial evidence, and not arbitrary nor capricious in nature. The Court shall make specific findings of fact and conclusions of law in each case. If the Court denies the application, then the Court shall set a reasonable time, not to exceed an additional 120 days for the applicant to remove the animals from the applicant’s premises. WHEREAS, on August 19, 2014, the Governing Body passed Resolution No. 2014-91 adopting the fiscal year 2015 annual budget and thereafter filing the same with the County Clerk in accordance with state law; and WHEREAS, pursuant to K.S.A. 79-2934, the budget as approved and filed with the County Clerk constitutes an appropriation for each fund; and WHEREAS, the Governing Body deems it advisable to authorize the payment of claims from the budget on a continuing basis in order to benefit from discounts for early payment; to avoid the assessment of penalties for late payment; and to promote administrative efficiency and convenience; and WHEREAS, in addition to authorizing the payment of claims from the budget on a continuing basis; for convenience and efficiency, the Governing Body desires to approve and authorize the Mayor to execute these Annual Maintenance Agreements on forms approved by the City Attorney. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LENEXA, JOHNSON COUNTY, KANSAS: SECTION ONE: Effective January 1, 2015, there is hereby appropriated the amount set up in each fund of the budget for fiscal year 2015 for the payment of all claims and charges against each fund. Payments of all claims and charges against each fund shall be made by combination of checks, warrants and other authorized forms of payment, drawn by the City Finance Director and countersigned by the Mayor and the City Clerk, or by any other means provided by law; provided, however, that such officers, prior to paying any claim, shall audit and approve such claim as correct, due and unpaid; and such officers shall at all times comply with the provisions of the Budget Law and the Cash Basis Law of the State of Kansas. SECTION TWO: The payment of all claims and charges against the respective accounts and funds provided in the budget for the year 2015 is hereby authorized, ratified, and approved. SECTION THREE: The City Council hereby approves and authorizes the Mayor or the City Administrator to execute all annual, ongoing maintenance and licensing agreements for which the funds are included in the sums appropriated in the accounts set out in the 2015 Budget after approval of the agreements as to form by the City Attorney. SECTION FOUR: This Ordinance shall take effect and be in force from and after its passage and publication once in the official City newspaper. PASSED by the City Council this 7th day of October, 2014. SIGNED by the Mayor this 7th day of October, 2014. 10/14 PAGE THE LEGAL RECORD • OCTOBER 14, 2014 JOHNSON COUNTY PUBLIC NOTICES (Ord. 2082C; 09-20-04) (Ord. 2136C; 11-07-05) (Ord. 2194C; 11-06-06) (Ord. 2305C; 02-04-08) (Ord. 2350C; 10-06-08) (Ord. 2419C; 11-02-09) (Ord. 2462C; 09-20-10) (Ord. 2514C; 10-17-11) (Ord.2567C; 09-04-12) (Ord. 2577C; 10-01-12) (Ord. 2640C; 10-21-13) ORDINANCE NO. 2691C First published in The Legal Record, Tuesday, October 14, 2014. ORDINANCE NO. 2691C ORDINANCE AMENDING ARTICLE 1 OF CHAPTER 14 OF THE CODE OF THE CITY OF LEAWOOD, KANSAS, 2000, BY AMENDING SECTIONS 14-101, 14-103, 14-104, 14-105, 14-106, 14-107, 14-108 AND 14-113 AND BY ADDING NEW SECTIONS 14-102E and 14-108A, PERTAINING TO REGULATING TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF LEAWOOD, KANSAS; INCORPORATING BY REFERENCE THE ‘STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES, 2014 EDITION,’ WITH CERTAIN AMENDMENTS, AND OMISSIONS SUCH INCORPORATION BEING AUTHORIZED BY K.S.A. § 12-3009 THROUGH 12-3012, AND K.S.A. § 12-3301 AND 12-3302; REPEALING EXISTING SECTIONS 14-101, 14-103, 14-104, 14-105, 14106, 14-107, 14-108 AND 14-113; AND OTHER SECTIONS IN CONFLICT HEREWITH. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LEAWOOD, KANSAS: SECTION ONE: amended to read as follows: 14-101. Section 14-101, of the Code of the City of Leawood, Kansas, 2000, is hereby INCORPORATING “STANDARD TRAFFIC ORDINANCE.” There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Leawood, Kansas, that certain standard traffic ordinance known as the ‘Standard Traffic Ordinance for Kansas Cities,’ Edition of 2014, prepared and published in book form by the League of Kansas Municipalities, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed, such incorporation being authorized by K.S.A. 12-3009 through 12-3012, inclusive, as amended. No fewer than three copies of said Standard Traffic Ordinance shall be marked or stamped ‘Official Copy as incorporated by Ordinance No. ‘2691C,’ with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. (Code 2000) (Ord. 1908C; 08-06-01) (Ord. 1960C; 10-7-02) (Ord. 2022C; 09-15-03) (Ord. 2082C; 09-20-04) (Ord. 2136C; 11-07-05) (Ord. 2194C; 11-06-06) (Ord. 2305C; 02-04-08) (Ord. 2350C; 10-06-08) (Ord. 2419C; 11-02-09) (Ord. 2462C; 09-20-10) (Ord. 2514C; 10-17-11) (Ord. 2577C; 10-01-12) (Ord. 2640C; 10-21-13) SECTION TWO: read as follows: A new Section 14-102E of the Code of the City of Leawood, 2000, is hereby adopted to 14-102E. SAME; AMENDMENT. Section 23 of the Standard Traffic Ordinance incorporated in Section 14-101, is hereby amended to read as follows: Sec. 23. Accident Involving Death or Personal Injuries; Penalties. (a) The driver of any vehicle involved in an accident resulting in injury to, great bodily harm to or death of any person or damage to any attended vehicle or property shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, but shall then immediately return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of Section 25. (b) A person who violates subsection (a) when an accident results in: (1) Total property damages of less than $1,000 shall be punished as provided in Section 201. (2) Injury to any person or property damages of $1,000 or more shall be punished by imprisonment for not more than one year or by a fine of not more than $2,500, or by both such fine and imprisonment. (c) The driver shall comply with the provisions of Section 26.1. [K.S.A. Supp. 8-1602] SECTION THREE: read as follows: 14-103. SECTION FOUR: amended to read as follows: Section 14-104, of the Code of the City of Leawood, Kansas, 2000, is hereby 14-104. SAME. Section 68 of the Standard Traffic Ordinance incorporated in Section 14-101 of this article shall be amended to read as follows: Sec. 68. Pedestrians on Highways. (a) Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk, jog or run along and upon an adjacent roadway. (b) Where a sidewalk is not available, any pedestrian walking, jogging or running along and upon a highway shall walk, jog or run only on a shoulder, as far as practicable from the edge of the roadway. (c) Where neither a sidewalk nor a shoulder is available, any pedestrian walking, jogging or running along and upon a highway shall walk, jog or run as near as practicable to an outside edge of the roadway, and, if on a two-way roadway, shall walk, jog or run only on the left side of the roadway. (d) Except as otherwise provided in this ordinance, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway. (Ord. 1800C; 5-17-99) (Code 2000) (Ord. 1908C; 08-06-01) (Ord. 1960C; 10-07-02) (Ord. 2022C; 09-15-03) (Ord. 2082C; 09-20-04) (Ord. 2136C; 11-07-05) (Ord. 2194C; 11-06-06) (Ord. 2305C; 02-04-08) (Ord. 2350C; 10-06-08) (Ord. 2419C; 11-02-09) (Ord. 2462C; 09-20-10) (Ord. 2514C; 10-17-11) (Ord. 2577C; 10-01-12) (Ord. 2640C; 10-21-13) SECTION FIVE: amended to read as follows: 14-105. SAME. Section 114.1 of the Standard Traffic Ordinance, entitled Unlawful Operation of All-Terrain Vehicle, as incorporated in Section 14-101 of this article is hereby deleted and omitted. See Code of the City of Leawood, 2000, Section 11-108. (Ord. 2305C; 02-04-08) (Ord. 2350C; 10-06-08) (Ord. 2419C; 11-02-09) (Ord. 2462C; 09-20-10) (Ord. 2514C; 10-17-11) (Ord. 2577C; 10-01-12) (Ord. 2640C; 10-21-13) SECTION SIX: amended to read as follows: 14-106. Section 14-105, of the Code of the City of Leawood, Kansas, 2000, is hereby Section 14-106, of the Code of the City of Leawood, Kansas, 2000, is hereby SAME. Section 114.4 of the Standard Traffic Ordinance incorporated in Section 14-101 of this article shall be amended to read as follows: Sec. 114.4. Unlawful Operation of a Golf Cart. It shall be unlawful for any person to operate a golf cart: on any interstate highway, federal highway, state highway or any other public highway or street within the corporate limits of the City of Leawood unless such golf cart is operating during the hours between sunrise and sunset and is crossing a highway or street for the purpose of continuing on a marked golf cart path. Section 14-103, of the Code of the City of Leawood, Kansas, 2000, is hereby amended to SAME; AMENDMENT. Section 33 of the Standard Traffic Ordinance incorporated in Section 14-101 of this article shall be amended to read as follows: Section 33. MAXIMUM SPEED LIMITS. (a) Except when a special hazard exists that requires lower speed for compliance with Section 32, the limits specified in this Section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle at a speed in excess of such maximum limits: (1) All vehicles 20 miles per hour in any park under the jurisdiction of this city. (2) Speeds limits within a designated school zone will be posted 15 miles below the posted speed limit, but in no event shall those speed limits be lower than 20 miles per hour. This speed will apply during those hours when students are going to and from school on any day school is in session, upon streets and/or parts of streets abutting school property and adjacent to school crosswalks or otherwise designated as school zones; provided that appropriate signs are erected giving notice of the effective hours of enforcement or during those times a flashing yellow beacon is in operation with appropriately erected signs indicating the school zone speed limits are enforced during the times the flashing yellow beacon is in operation. The Director of Public Works shall determine the times said limits are in force. (Ord. 2419C; 11-02-09) (Ord. 2462C; 09-20-10) (Ord. 2514C; 10-17-11) (Ord. 2577C; 10-01-12) (Ord. 2640C; 10-21-13) SECTION SEVEN: amended to read as follows: 14-107. Section 14-107, of the Code of the City of Leawood, Kansas, 2000, is hereby SAME. Section 114.5 of the Standard Traffic Ordinance, as incorporated in Section 14-101 of this article shall be amended to read as follows: Sec. 114.5. Unlawful Operation of a Work-Site Utility Vehicle. (3) All vehicles 25 miles per hour in any residential district and on other streets within the City except where modified as provided hereafter in subsection (b) of this Section. The maximum speed limit established by or pursuant to this paragraph shall be of force and effect regardless of whether signs are posted giving notice thereof and notwithstanding any signs giving notice of maximum speed limits in excess thereof, and any sign giving notice of a maximum speed limit in excess of the limits established by or pursuant to this paragraph shall not be of any force or effect, subject to the following exception. (a) It shall be unlawful for any person to operate a work-site utility vehicle: (1)On any interstate highway, federal highway, or state highway; or (2)Within the corporate limits of the City of Leawood, provided, however, that this prohibition shall not apply to an unmodified utility vehicle with seating for two people and containing a bed or flatbed and operating on private property or to City owned and operated maintenance vehicles. (b) No work-site utility vehicle shall be operated on any public highway, street, or road between sunset and sunrise unless equipped with lights as required by law for motorcycles. (Ord. 2419C; 11-02-09) (Ord. 2462C; 09-20-10) (Ord. 2514C; 10-17-11) (Ord. 2577C; 10-01-12) (Ord. 2640C; 10-21-13) (4) On any separated multilane highway, as designated and posted by the secretary of transportation. (b) The Director of Public Works is hereby authorized and empowered to designate maximum speed zones when he or she shall find and determine that such regulation is necessary for safety purposes or to expedite traffic, to the extent any such regulation is not in conflict with any law of the City. The Director of Public Works shall, place and maintain the necessary traffic control signs and devices. (c) Whenever the Director of Public Works shall determine upon the basis of an engineering and traffic investigation that any speed limit herein set forth is greater or less than is reasonable or safe under the conditions found to exist, he or she shall determine a reasonable and safe speed limit consistent with applicable state and local statutes which shall be effective at all times or during daytime or nighttime or at such other times as may be determined when appropriate signs giving notice thereof are erected. It shall be unlawful for any person to drive a vehicle at a speed in excess of such declared maximum limits. (d) The Governing Body may, at any time, request review of any given speed limit by the Director of Public Works and the Governing Body may, after due investigation and review, direct that a new speed limit be determined and posted. (Ord.1800C; 5-17-99) (Code 2000) (Ord. 1908C; 08-06-01) (Ord. 1960C; 10-07-02) (Ord. 2022C; 09-15-03) SECTION EIGHT: amended to read as follows Section 14-108, of the Code of the City of Leawood, Kansas, 2000, is hereby 14-108. SAME. Section 136 of the Standard Traffic Ordinance incorporated in Section 14-101 of this article shall be amended to read as follows: Sec. 136. Use of Coasters, Roller Skates and Similar Devices Restricted. (a) No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall: (1) go upon any roadway except while crossing a street at a crosswalk and except upon streets set aside as play streets. (2) operate such a device on any public tennis court. (3) operate such a device on any private parking area or lot where signs are posted giving notice of such prohibition. This prohibition shall not be applicable unless the following signage is clearly and properly posted at all entrances to said private parking lot or area, to wit: CONTINUED ON NEXT PAGE THE LEGAL RECORD • OCTOBER 14, 2014 PAGE JOHNSON COUNTY PUBLIC NOTICES CONTINUED FROM PRECEDING PAGE NOTICE Pursuant to the Code of the City of Leawood, Kansas, no roller skates, coaster, roller blades, skateboard, toy vehicle or similar device may be operated in this parking lot or area. Conviction will result in a $25 fine. (b) (c) Whenever any person is operating such a device upon a useable path or sidewalk, such person shall yield the right of way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. Any person found guilty of a violation of this section shall be fined $25. (Ord. 1800C; 5-17-99) (Code 2000) (Ord. 1908C; 08-06-01) (Ord. 1960C; 10-07-02) (Ord. 2022C; 09-15-03) (Ord. 2082C; 09-20-04) (Ord. 2136C; 11-07-05) (Ord. 2194C; 11-06-06) (Ord. 2305C: 02-04-08) (Ord. 2350C; 10-06-08) (Ord. 2398C; 07-06-09) (Ord. 2419C; 11-02-09) (Ord. 2462C; 09-20-10) (Ord. 2514C; 10-17-11) (Ord. 2577C; 10-01-12) (Ord. 2640C; 10-21-13) SECTION NINE: A new Section 14-108A, of the Code of the City of Leawood, Kansas, 2000, is hereby adopted to read as follows: 14-108A. SAME. AMENDMENT. The Standard Traffic Ordinance incorporated in Section 14-101 is hereby amended by adding a new section 200.1, entitled “Definition” to read as follows: 200.1 Definition. The term “this act” as used in Section 200, Motor Vehicle Liability Insurance, is defined to me the Kansas automobile injury reparations act, K.S.A. 41-3101 et seq, as amended. SECTION TEN: read as follows: 14-113. Section 14-113, of the Code of the City of Leawood, Kansas, 2000, is hereby restated to PENALTY FOR SCHEDULE FINES. The fine for violation of an ordinance traffic infraction or any other traffic offense for which the municipal judge establishes a fine in a fine schedule shall not be less than $10 nor more than $1,000. A person tried and convicted for violation of an ordinance traffic infraction or other traffic offense for which a fine has been established in a schedule of fines shall pay a fine fixed by the court not to exceed $1,000. (Ord. 1800C; 5-17-99) (Code 2000) (Ord. 1908C; 08-06-01) (Ord. 2136C; 11-07-05) (Ord. 2305C: 02-04-08) (Ord. 2350C; 10-06-08) (Ord. 2419C; 11-02-09) (Ord. 2462C; 09-20-10) (Ord. 2514C; 10-17-11) (Ord. 2577C; 10-01-12) (Ord. 2640C; 10-21-13) SECTION ELEVEN: ORDINANCE NO. Z-3650 First published in The Legal Record, Tuesday, October 14, 2014. ORDINANCE NO. Z-3650 SPECIAL USE PERMIT NO. 2014-5 AN ORDINANCE RELATING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT FOR CERTAIN PROPERTY. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS: SECTION 1. SPECIAL USE PERMIT GRANTED. Pursuant to regulations set forth in the Overland Park Municipal Code, Section 18.370, permission is hereby granted to use in the manner set forth in Section 2 hereof, the following described real property, to-wit: Legal Description: The east 46 feet of Lot 13 and 14, Block 2, Overland Park, a subdivision of land in the City of Overland Park, Johnson County, Kansas SECTION 2. That the real property hereinabove described shall hereafter allow an event space, for a two-year period of time. All Zoning Ordinances or Zoning Regulations of the City of Overland Park, Kansas, affecting the use of the real property hereinbefore described which are inconsistent with this ordinance are hereby made inapplicable to the said property for said period of time. SECTION 3. CONDITIONS AND STIPULATIONS. The special use permit granted in Sections 1 and 2 hereinabove in addition to full compliance with any general provisions contained in Chapter 18.370 of the Overland Park Municipal Code, Unified Development Ordinance, is hereby made contingent upon the performance and observation of the following additional and supplementary regulations, stipulations, conditions, and restrictions, of which the violation of any hereafter enumerated will be a supplementary basis for revocation in addition to those specified in Section 18.370.050, to-wit: This ordinance shall be construed as follows: a. Prior to the issuance of a Certificate of Occupancy, all ADA accessibility improvements shall be made before events may be conducted on the premises. b. The publication of the special use permit shall be delayed until a Certificate of Occupancy is issued by the Building Safety department. The applicant shall obtain a Certificate of Occupancy by April 10, 2015, or the special use permit shall no longer be in effect after this date. A. Liberal Construction. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes which are hereby found and declared to be in furtherance of the public health, safety, welfare, and convenience. B. Savings Clause. The repeal of Ordinance sections, as provided herein below shall not affect any rights acquired, fines, penalties, forfeitures or liabilities incurred there under, or actions involving any of the provisions of said Ordinances or parts thereof. Said Ordinance repealed is hereby continued in force and effect after the passage, approval, and publications of this Ordinance for the purposes of such rights, fines, penalties, forfeitures, liabilities and actions therefore. c. Events shall conclude by 10 p.m. at night, and no overnight stays are ORDINANCEpermitted. NO. Z-3650 C. Invalidity. If for any reason any chapter, article, section, subsection, sentence, portion or part of this proposed Ordinance set out herein, or the application thereof to any person or circumstances is declared to be unconstitutional or invalid, such decision will not affect the validity of the remaining portions of this Code or other Ordinances. SECTION TWELVE: This ordinance shall become take effect and be in force from and after its publication in the official city newspaper. PASSED by the Governing Body this 6th day of October, 2014. APPROVED by the Mayor this 6th day of October, 2014. [SEAL] d. No signage is permitted as part of this request. Separate sign permits are required. e. The public parking lot shall not be used for activities related to the events, other than for the guest parking. SECTION 4. TAKE EFFECT. This ordinance shall take effect and be in force from and after its publication in an official City newspaper. PASSED by the City Council this 5th day of May, 2014. /s/ Peggy J. Dunn Peggy J. Dunn, Mayor APPROVED by the Mayor this 5th day of May, 2014. ATTEST: /s/ Debra Harper Debra Harper, City Clerk, CMC (s) Carl Gerlach Carl Gerlach, Mayor APPROVED AS TO FORM: Patricia A. Bennett Patricia A. Bennett, City Attorney 10/7/14 ATTEST: (s) Marian Cook Marian Cook, City Clerk APPROVED AS TO FORM: (s) Stephen B. Horner Stephen B. Horner, Senior Assistant City Attorney 10/14 PAGE THE LEGAL RECORD • OCTOBER 14, 2014 JOHNSON COUNTY PUBLIC NOTICES ORDINANCE NO. 1578 First published in The Legal Record, Tuesday, October 14, 2014. 10/14 NOTICE INVITING PROPOSALS First published in The Legal Record, Tuesday, October 14, 2014. City of Overland Park, Kansas Notice Inviting Proposals for Specific Stop Loss Insurance The City of Overland Park, Kansas is seeking proposals from qualified firms to provide Specific Stop Loss Insurance. See the following link for more information. http://www.opkansas.org/Bids-And-Proposals. Questions concerning this RFP must be submitted by October 21, 2014. Responses to questions will be posted on the City’s internet site, http://www.opkansas.org/Bids-And-Proposals at least five (5) days prior to the deadline for proposals. All inquiries concerning this RFP are to be directed to the following: Melissa Haskins Senior Associate 2405 Grand Blvd., Suite 900 Kansas City, MO 64108 Email: mailto:[email protected] Phone: 816 556 4271 Sealed proposals will be received at the address listed below until 4:00 p.m. on October 30, 2014. Two (2) signed originals of all proposals in printed form must be submitted in a sealed envelope or box with the following words clearly marked on the outside of the envelope: Request for Proposal: Specific Stop Loss Insurance. The vendor’s name and address must be clearly indicated on the envelope or box. There will be no public opening of the proposals. It is the sole responsibility of the vendor to see that their proposal and the appropriate documents are delivered on time. Any proposal received after the scheduled closing time for the receiving of proposals will be returned to the vendor unopened and will not be considered. In addition, please send your proposal electronically via email to Melissa Haskins and Brandi Martin at Mercer: [email protected] mailto: [email protected] Mailing Address For Proposals Proposals shall be mailed or delivered to the following address: 10/14 City of Overland Park Attn: City Clerk 8500 Santa Fe Drive Overland Park, KS 66212 THE LEGAL RECORD • OCTOBER 14, 2014 JOHNSON COUNTY PUBLIC NOTICES ORDINANCE NO. 5401 First published in The Legal Record, Tuesday, October 14, 2014. ORDINANCE NO. 5401 AN ORDINANCE AUTHORIZING THE ACQUISITION OF LANDS OR INTERESTS THEREIN BY CONDEMNATION FOR THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS ASSOCIATED WITH THE K-10 AND LONE ELM INTERCHANGE PROJECT IN LENEXA, JOHNSON COUNTY, KANSAS. WHEREAS, the Governing Body of the City of Lenexa, Kansas did by Resolution No. 2012-97, declare the necessity for, and authorize a survey and description of lands or interests therein to be acquired by the City for the following: Construction of a new interchange at K-10 and Lone Elm Road. Included with this project are auxiliary lanes on K-10 between Woodland Road and K-7, improvements to Lone Elm between 101st Street and 107th Street as well as improvements to 101st Street between Lone Elm and Prairie Creek Road. The improvements include roadway pavement, street lights, sidewalk/trail, storm sewer and related roadway elements; and The project, for each of the roads indicated above, includes utility relocation, environmental review and mitigation; paving; construction of curbs and gutters; storm drainage; street lights; sidewalks/pedestrian trails; landscaping; right of way, easement and condemnation costs; preliminary and final engineering; survey; staking; grading; erosion control; appraisal fees; construction supervision/inspection; testing; and other related improvements to be constructed with the main improvement; City administrative costs; legal fees; and costs associated with the bond and interest expense associated with financing the improvement and other necessary appurtenances; and WHEREAS, said survey and description was prepared and is maintained at the Lenexa City Hall. PERMANENT RIGHT-OF-WAY: PAGE Book 2378 at Page 460 Consolidated Main Sewer District of Johnson County Book 200803 at Page 008829 Water District No. 1 of Johnson County, KS Book 6309 at Page 727 A l l t h a t p a r t o f t h e S o u t h e a s t 1 / 4 o f S e c t i o n 0 3 , To w n s h i p 2 3 , R a n g e 2 3 , C i t y o f L e n e x a , J o h n s o n C o u n t y, K a n s a s , b e i n g m o r e p a r t i c u l a r l y d e s c r i b e d a s f o l l o w s : Commencing at the Southeast corner of said Southeast 1/4; thence S 88° 02’ 20” W, along the South line of said Southeast 1/4, a distance of 361.00 feet; thence N 2° 08’ 49” W, a distance of 20.00 feet, to a point on the North Right-of-Way line of West 102nd Terrace, as now established, said point being the true point of beginning; thence S 88° 02’ 20” W, along said North Right-of-Way line, a distance of 49.94 feet, to a point on the East line of a tract of land described in Book 1765 at Page 850, as filed in the Register of Deeds Office, Johnson County, Kansas; thence N 1° 57’ 40” W, along the East line of said tract, a distance of 261.00 feet, to the Northeast corner of said tract; thence S 88° 02’ 20” W, along the North line of said tract, a distance of 174.00 feet, to the Northwest corner of said tract; thence S 1° 57’ 40” E, along the West line of said tract, a distance of 261.00 feet, to a point on the said North Right-of-Way line; thence S 88° 02’ 20” W, along said North Right-of-Way line, a distance of 128.18 feet, to a point on the West line of a tract of land described in Book 2265 at Page 537, in said Register of Deeds Office; thence N 2° 10’ 20” W, along said West line, a distance of 471.31 feet, to the Southwest Corner of Lot 1, Block 1, West 101st Street Church Subdivision, a subdivision in the City of Lenexa, Johnson County, Kansas; thence N 88° 02’ 14” E, along the South line of said Lot 1, a distance of 352.32 feet; thence S 2° 08’ 49” E, a distance of 471.32 feet, to the point of beginning. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LENEXA, KANSAS: The above described tract of land contains 120,591 square feet, equal to 2.768 acres, more or less. SECTION ONE: It is hereby authorized and provided that the lands or interests therein, hereafter described, be acquired for the following improvement: CONDEMNEES: Jimmy D. Loftin and Kathryn L. Loftin, Husband and Wife, as joint tenants ADDRESS: 21650 W. 102nd Terrace, Lenexa, KS 66220 LIEN HOLDERS: Capitol Federal Savings Bank 700 S. Kansas Avenue Topeka, KS 66603 Book 200803 at Page 009740 EASEMENT HOLDERS: Rural Water District No. 3, Johnson County, KS Book 2352 at Page 838 Construction of a new interchange at K-10 and Lone Elm Road. Included with this project are auxiliary lanes on K-10 between Woodland Road and K-7, improvements to Lone Elm between 101st Street and 107th Street as well as improvements to 101st Street between Lone Elm and Prairie Creek Road. The improvements include roadway pavement, street lights, sidewalk/trail, storm sewer and related roadway elements; and The project, for each of the roads indicated above, includes utility relocation, environmental review and mitigation; paving; construction of curbs and gutters; storm drainage; street lights; sidewalks/pedestrian trails; landscaping; right of way, easement and condemnation costs; preliminary and final engineering; survey; staking; grading; erosion control; appraisal fees; construction supervision/inspection; testing; and other related improvements to be constructed with the main improvement; City administrative costs; legal fees; and costs associated with the bond and interest expense associated with financing the improvement and other necessary appurtenances. TRACT 21: CONDEMNEES: Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, a Utah Corporation Sole, as successor by merger of Kansas Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, a Utah Corporation Sole SITUS ADDRESS: 21515 W. 101st Street, Lenexa, KS 66220 MAILING ADDRESS:50 E. North Temple, Apt. 22 FL, Salt Lake City, UT 84150 EASEMENT HOLDERS:Consolidated Main Sewer District of Johnson County, KS Book 7301 at Page 740 Cities Service Gas Company Book 13 at Page 583 Book 19 Misc. at Page 616 Book 7 Oil & Gas at Page 56 Book 7 Oil & Gas at Page 131 City of Olathe, KS Book 144 at Page 712 Book 5629 at Page 370 Book 5964 at Page 695 Water District No. 1 of Johnson County, KS Book 6309 at Page 727 Book 200804 at Page 003549 Book 200805 at Page 006187 Kansas City Power & Light Company Book 200812 at Page 004052 PERMANENT RIGHT-OF-WAY: All that part of Lot 1, Block 1, WEST 101st STREET CHURCH SUBDIVISION, a subdivision in the City of Lenexa, Johnson County, Kansas, more particularly described as follows: Beginning at the Northwest corner of said Lot 1; thence S 89° 54’ 02” E, along the North line of said Lot 1, a distance of 553.70; thence S 0° 09’ 05” E, along the North line of said Lot 1, a distance of 1.22 feet; thence N 89° 52’ 48” E, along the North line of said Lot 1, a distance of 20.00 feet; thence S 45° 07’ 12” E, a distance of 28.24 feet, to the Northeast corner of said Lot 1; thence S 2° 35’ 10” W, along the East line of said Lot 1, a distance of 211.81 feet; thence S 13° 58’ 15” W, along said East line, a distance of 328.60 feet, to the Southeast corner of said Lot 1; thence N 89° 56’ 09” W, along the South line of said Lot 1, a distance of 57.71 feet; thence N 19° 34’ 08” E, a distance of 72.76 feet; thence N 17° 08’ 16” E, a distance of 358.42 feet; thence N 0° 59’ 50” E, a distance of 95.44 feet; thence N 89° 54’ 02” W, along a line 45.00 feet South of and parallel with the North line of said Lot 1, a distance of 578.66 feet, to a point on the West line of said Lot 1; thence N 0° 08’ 46” W, along said West line a distance of 45.00 feet, to the point of beginning. The above described tract of land contains 44,264 square feet, more or less. TRACT 23: CONDEMNEES: Gary M. Aller, 50% undivided interest; David C. Kelsey, 25% undivided interest; James Brinson, 25% undivided interest SITUS ADDRESS:Parcel ID IF231303-4002 MAILING ADDRESS:P.O. Box 590, Logan, UT 84323 EASEMENT HOLDERS: Southwestern Bell Telephone Company Book 27 Misc. at Page 392 Cities Service Gas Company Book 13 Oil & Gas at Page 583 Book 7 Oil & Gas at Page 56 Book 7 Oil & Gas at Page 131 TRACT 24: PERMANENT RIGHT-OF-WAY: Book 200510 at Page 008051 Union Gas System Inc. Book 25 Misc. at Page 388 Book 1682 at Page 101 Southwestern Bell Telephone Company Book 27 Misc. at Page 392 Cities Service Gas Company Book 7 Oil & Gas at Page 277 Book 13 Misc. at Page 583 Book 71 at Page 539 Book 99 Misc. at Page 59 Book 157 Misc. at Page 321 Book 227 Misc. at Page 402 Book 1604 at Page 477 City of Olathe, KS Book 144 at Page 712 A l l t h a t p a r t o f t h e S o u t h e a s t 1 / 4 o f S e c t i o n 0 3 , To w n s h i p 1 3 , R a n g e 2 3 , C i t y o f L e n e x a , J o h n s o n C o u n t y, K a n s a s , b e i n g m o r e p a r t i c u l a r l y d e s c r i b e d a s f o l l o w s : Commencing at the Southeast corner of said Southeast 1/4; thence S 88° 02’ 20” W, along the South line of said Southeast 1/4, a distance of 411.00 feet, to the Southeast corner of a Tract of land described in Book 1765, Page 850, as filed in the Register of Deeds Office, Johnson County, Kansas; thence N 1° 57’ 40” W, a distance of 20.00 feet, to a point on the North Right-of-Way line of line of West 102nd Terrace, as now established, said point also being the true point of beginning of subject tract; thence S 88° 02’ 20” W, along said North Right-of-Way line, a distance of 174.00 feet, to a point on the West line of said Tract of land; thence N 1° 57’ 40” W, along said West line, a distance of 261.00 feet, to the Northwest corner thereof; thence N 88° 02’ 20” E, along the North line of said tract of land, a distance of 174.00 feet, to the Northeast corner thereof; thence S 1° 57’ 40” E, along the East line of said tract of land, a distance of 261.00, to the point of beginning. The above described tract of land contains 45,414 square feet, more or less. TRACT 25: CONDEMNEES: Douglas E. Smith and Jane S. Smith, Husband and Wife, as joint tenants ADDRESS: 21860 W. 102nd Terrace, Lenexa, KS 66220 LIEN HOLDERS: EASEMENT HOLDERS: PERMANENT RIGHT-OF-WAY: First Federal Bank, F.S.B. P.O. Box 419194 Kansas City, MO 64141 Book 8744 at Page 243 Rural Water District No. 3, Johnson County, KS Book 2352 at Page 837 Union Gas System Inc. Book 25 Misc. at Page 388 Book 1682 at Page 101 Southwestern Bell Telephone Company Book 27 at Page 392 Kansas City Power & Light Company Book 2411 at Page 158 City of Olathe, KS Book 144 at Page 712 Union Gas System Inc. Book 7 Oil & Gas at Page 320 Book 157 Misc.at Page 321 Book 25 Misc. at Page 388 Book 1682 at Page 101 Book 5466 at Page 949 A l l t h a t p a r t o f t h e S o u t h e a s t 1 / 4 o f S e c t i o n 0 3 , To w n s h i p 1 3 , R a n g e 2 3 , C i t y o f L e n e x a , J o h n s o n C o u n t y, K a n s a s , b e i n g m o r e p a r t i c u l a r l y d e s c r i b e d a s f o l l o w s : Commencing at the Southeast corner of said Southeast 1/4; thence S 88° 02’ 20” W, along the South line of said Southeast 1/4, a distance of 713.10 feet; thence N 2° 10’ 20” W, a distance of 20.00 feet, to a point on the North Right-of-Way line of West 102nd Terrace, as now established, said point being the true point of beginning; thence S 88° 02’ 20” W, along the said North Right-of-Way line, a distance of 582.89 feet, to a point on the West line of a tract of land described in Book 2327, Page 642, as filed in the Register of Deeds Office, Johnson County, Kansas; thence N 2° 46’ 23” W, along the West line of said Tract, a distance of 34.66 feet; thence N 78° 07’ 32” E, a distance of 443.43 feet; thence N 75° 44’ 39” E, a distance of 149.47 feet, to a point on the East line of said Rural Water District No. 3, Johnson County, KS CONTINUED ON NEXT PAGE PAGE 10 THE LEGAL RECORD • OCTOBER 14, 2014 JOHNSON COUNTY PUBLIC NOTICES CONTINUED FROM PRECEDING PAGE tract, said point being Point “A”; thence S 2° 10’ 20” E, along said East line, a distance of 142.83 feet, to the point of beginning; ORDINANCE NO. 3680 First published in The Legal Record, Tuesday, October 14, 2014. ORDINANCE NO. Z-3680 And also; Commencing at afore mentioned Point “A”; thence N 2° 10’ 20” W, along the East line of said tract of land, a distance of 1111.19 feet, to the true point of beginning; thence S 88° 04’ 21” W, a distance of 407.61 feet; thence S 69° 05’ 18” W, a distance of 46.11 feet; thence S 88° 04’ 21” W, a distance of 59.42 feet; thence N 71° 38’ 38” W, a distance of 43.27 feet; thence S 88° 04’ 21” W, a distance of 44.83 feet, to a point on the West line of said tract of land; thence N 2° 46’ 23” W, along said West line, a distance of 20.00 feet, to a point on the South Rightof-Way line of West 101st Street, as now established; thence N 88° 04’ 21” E, along said South Right-of-Way line, a distance of 596.25 feet, to a point on the East line of said tract of land; thence S 2° 10’ 20” E, along said East line, a distance of 20.00 feet, to the point of beginning. The above described tract of land contains 63,823 square feet, more or less. TRACT 26: CONDEMNEES: K10-A, L.L.C., SITUS ADDRESS: Parcel ID IF231303-4008 MAILING ADDRESS: 9001 Roe Avenue, Prairie Village, KS 66207 EASEMENT HOLDERS: SPECIAL USE PERMIT NO. 2014-29 AN ORDINANCE RELATING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT FOR CERTAIN PROPERTY. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS: SECTION 1. SPECIAL USE PERMIT GRANTED. Pursuant to regulations set forth in the Overland Park Municipal Code, Section 18.370, permission is hereby granted to use in the manner set forth in Section 2 hereof, the following described real property, to-wit: Legal Description: Tenant space commonly known as 9940 College Boulevard, a part of lot 1 Block 6, Corporate Woods Eighth Plat, a subdivision of land in the City of Overland Park, Johnson County, Kansas. Rural Water District No. 3, Johnson County, KS Book 2300 at Page 78 Union Gas System Inc. Book 25 Misc. at Page 388 Book 157 Misc. at Page 321 Book 1682 at Page 101 Book 5466 at Page 949 SECTION 2. That the real property hereinabove described shall hereafter allow a drinking establishment, for a three-year period of time. Cities Service Gas Company Book 13 Oil & Gas at Page 583 Book 7 Oil & Gas at Page 56 Book 7 Oil & Gas at Page 131 All Zoning Ordinances or Zoning Regulations of the City of Overland Park, Kansas, affecting the use of the real property hereinbefore described which are inconsistent with this ordinance are hereby made inapplicable to the said property for said period of time. Southwestern Bell Telephone Company Book 27 at Page 392 SECTION 3. CONDITIONS AND STIPULATIONS. The special use permit granted in Sections 1 and 2 hereinabove in addition to full compliance with any general provisions contained in Chapter 18.370 of the Overland Park Municipal Code, Unified Development Ordinance, is hereby made contingent upon the performance and observation of the following additional and supplementary regulations, stipulations, conditions, and restrictions, of which the violation of any hereafter enumerated will be a supplementary basis for revocation in addition to those specified in Section 18.370.050, to-wit: Consolidated Main Sewer District of Johnson County Book 200405 at Page 014109 PERMANENT RIGHT-OF-WAY: A l l t h a t p a r t o f t h e S o u t h e a s t 1 / 4 o f S e c t i o n 0 3 , To w n s h i p 1 3 , R a n g e 2 3 , C i t y o f L e n e x a , J o h n s o n C o u n t y, K a n s a s , b e i n g m o r e p a r t i c u l a r l y d e s c r i b e d a s f o l l o w s : Commencing at the Southeast corner of said Southeast 1/4; thence S 88° 02’ 20” W, along the South line of said Southeast 1/4, a distance of 1295.78 feet; thence N 2° 46’ 23” W, a distance of 20.00 feet, to a point on the North Right-of-Way line of West 102nd Terrace, as now established, and to a point on the East line of a tract of land described in Book 7926 at Page 638 as filed in the Register of Deeds Office, Johnson County, Kansas, said point being the true point of beginning; thence S 88° 02’ 20” W, along said North Right-of-Way line, a distance of 198.81 feet; thence N 78° 07’ 32” E, a distance of 201.33 feet, to a point on the East line of said tract of land; thence S 2° 46’ 23” E, along said East line, a distance of 34.66 feet, to the point of beginning The above described tract of land contains 3,446 square feet, more or less. SECTION TWO: It is further authorized and provided that, as soon as practicable after the passage of this ordinance, action be initiated to exercise the power of eminent domain in accordance with K.S.A. 26-501 et seq., the Eminent Domain Procedure Act, to condemn all lands and interests therein hereinbefore described. None. SECTION 4.No. TAKE EFFECT. This ordinance shall take effect and be in force from and Ordinance Z-3680 after its publication in an official City newspaper. PASSED by the City Council this 6th day of October, 2014. APPROVED by the Mayor this 6th day of October, 2014. SECTION THREE: This ordinance shall take effect and be in force from and after its publication in the official City newspaper. PASSED by the City Council this 7th day of October, 2014. SIGNED by the Mayor this 7th day of October, 2014. (s) Carl Gerlach Carl Gerlach, Mayor ATTEST: (s) Marian Cook Marian Cook, City Clerk __ APPROVED AS TO FORM: (s) Stephen B. Horner __ Stephen B. Horner, Senior Assistant City Attorney 10/14 10/14 2 __________ THE LEGAL RECORD • OCTOBER 14, 2014 PAGE 11 JOHNSON COUNTYORDINANCE PUBLIC NO. NOTICES Z-3681 ORDINANCE NO. Z-3681 First published in The Legal Record, Tuesday, October 14, 2014. h. Prior to approval of the final plat including the stream corridor, the owner/developer shall submit a Stream Corridor Maintenance Agreement for review and approval by the Engineering Services Division. The Stream Corridor Maintenance Agreement shall be submitted by the Engineering Services Division for recording, concurrent with the final plat, at the Johnson County Department of Records and Tax Administration with the recording fee paid by the owner/developer. i. Concurrent with the issuance of a Land Disturbance, Public Improvement, Site Development, or Building Permit, whichever comes first, the contractor shall erect a visible temporary fence or other barrier that delineates the outer edge of the stream corridor boundary for work within 50 feet of the designated stream corridors. The barrier shall remain in place throughout construction and remain free of grading, retaining walls, or other alterations, unless otherwise approved. The barrier shall remain until the adjacent lots have been sodded. j. Concurrent with submittal of construction plans for a Public Improvement, Site Development or Building Permit, whichever comes first, the developer’s engineer shall provide a Final Stormwater Management Study that addresses any outstanding items from the Preliminary Stormwater Management Study and includes any design changes. The study shall be approved prior to the issuance of a permit. k. Prior to, or concurrent with, the submittal of construction plans for a Site Development or Building Permit, whichever comes first, submit a separate set of public improvement plans. The plans shall be approved and the Public Improvement Permit shall be issued by the Engineering Services Division prior to the issuance of a Site Development or Building Permit. Prior to the issuance of a Certificate of Occupancy, the Public Improvements must be built and accepted for maintenance by the Engineering Services Division. ORDINANCE NO. Z-3681 SPECIAL USE PERMIT NO. 2014-30 AN ORDINANCE RELATING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT FOR CERTAIN PROPERTY. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS: SECTION 1. SPECIAL USE PERMIT GRANTED. Pursuant to regulations set forth in the Overland Park Municipal Code, Section 18.370, permission is hereby granted to use in the manner set forth in Section 2 hereof, the following described real property, to-wit: Legal Description: All that part of the Northwest ¼ of Section 27, Township 13 South, Range 24 East, in the City of Overland Park, Johnson County, Kansas, being more particularly described as follows: Beginning at the Northwest corner of the Northwest ¼ of said Section 27; thence South 02 degrees 03 minutes 03 seconds East, along the West line of the Northwest ¼ of said Section 27, a distance of 547.21 feet to an angle point on the North Plat line of Nottingham by the Green, Sixteenth Plat, a platted subdivision of land in the City of Overland Park, Johnson County, Kansas; thence along the Northerly and Westerly Plat lines of said Nottingham by the Green, Sixteenth Plat, for the following 7 courses; thence North 88 degrees 01 minute 36 seconds East, a distance of 458.00 feet; thence North 28 degrees 12 minutes 00 seconds East, a distance of 242.37 feet; thence South 58 degrees 12 minutes 00 seconds East, a distance of 140.28 feet; thence Northeasterly along a curve to the right, said curve having a radius of 350.00 feet and an Initial Tangent Bearing of North 31 degrees 48 minutes 00 seconds East, an arc distance of 51.64 feet; thence North 40 degrees 15 minutes 13 seconds East, a distance of 92.90 feet; thence Northeasterly and Northerly along a curve to the left, said curve having a radius of 225.00 feet and being Tangent to the last described course, an arc distance of 165.82 feet; thence North 01 degree 58 minutes 24 seconds West, a distance of 155.00 feet to a point on the North line of the Northwest ¼ of said Section 27; thence South 88 degrees 01 minute 36 seconds West, along the North line of the Northwest ¼ of said Section 27, a distance of 849.75 feet to the Point of Beginning, subject to that part in streets and roads. SECTION 2. That the real property hereinabove described shall hereafter allow a memory care facility, for an indefinite period of time. All Zoning Ordinances or Zoning Regulations of the City of Overland Park, Kansas, affecting the use of the real property hereinbefore described which are inconsistent with this ordinanceNO. are hereby ORDINANCE Z-3681 made inapplicable to the said property for said period of time. SECTION 3. CONDITIONS AND STIPULATIONS. The special use permit granted in Sections 1 and 2 hereinabove in addition to full compliance with any general provisions contained in Chapter 18.370 of the Overland Park Municipal Code, Unified Development Ordinance, is hereby made contingent upon the performance and observation of the following additional and supplementary regulations, stipulations, conditions, and restrictions, of which the violation of any hereafter enumerated will be a supplementary basis for revocation in addition to those specified in Section 18.370.050, to-wit: a. The development shall be in accordance with Exhibit “A” (Site Plan) and Exhibit “B” (Building Elevations), which are filed in the office of the Planning Commission Secretary at City Hall and which are incorporated by reference as if set out in full herein. Provided, subsequent revisions may be made thereto in accordance with the application, notice and other requirements of O.P.M.C. Title 18. In addition, the development shall comply with all regulations and standards of the City of Overland Park, unless specifically exempted by the Governing Body. b. Development shall be limited to 54 beds. c. Prior to the issuance of a Building Permit, the Planning Commission shall review and approve final development plans. d. Prior to the issuance of a Building Permit, the property shall be preliminary and final platted. e. The location and geometrics of all driveways, pedestrian areas and parking areas are subject to review and approval by the Planning and Development Services Department. f. One or more weeks prior to submitting an application for final development plan approval, the developer’s engineer shall submit a Revised Preliminary Stormwater Management Study that includes a preliminary plan and design calculations associated with the Stormwater Treatment Facilities. The study, plan, and calculations shall be approved by the Engineering Services Division prior to the Planning Commission consideration of the final development plan. g. At the time of final development plan approval, a landscape architect registered in the State of Kansas shall provide a sealed landscape plan for the applicable stormwater treatment facilities. l. Prior to the issuance of a Site Development or Building Permit, whichever comes first, the owner/developer shall submit a Private Parking Lot Maintenance Agreement for review and approval by the Engineering Services Division. The Covenant to Maintain Private Parking Lot Agreement shall be submitted to Engineering Services Division for recording at the Johnson County Department of Records and Tax ORDINANCEAdministration NO. Z-3681 with the recording fee paid by the owner/developer. m. Prior to the issuance of a Public Improvement, Site Development or Building Permit, whichever comes first, the owner/developer shall submit a Stormwater Treatment Maintenance Agreement for review and approval by the Engineering Services Division. The Stormwater Treatment 3 Maintenance Agreement shall be submitted to the Engineering Services Division for recording at the Johnson County Department of Records and Tax Administration with the recording fee paid by the owner/developer. n. Prior to the issuance of a Final Certificate of Occupancy, the owner/developer shall provide a Certification of Completion and Compliance for all constructed stormwater treatment facilities. The owner/developer shall submit a maintenance certification one year after construction is completed, and every two years thereafter. The certification shall be on a form as approved by the Engineering Services Division and shall be performed by a professional engineer, licensed in the State of Kansas, unless the Director approves other qualified individuals to perform the certification. o. Prior to the issuance of a Final Certificate of Occupancy, a Maintenance Surety shall be provided by the owner/developer for the Stormwater Treatment Facilities in accordance with Section 16.210.080.E of the O.P.M.C. p. Prior to the issuance of a Certificate of Occupancy, any existing public sidewalk adjacent to this property that does not substantially meet current City standards or is in poor condition shall be reconstructed to current City standards. The limits of the repair shall be approved by the Engineering Services Division prior to issuance of a Building or Site Development Permit. An alternate route for pedestrian traffic shall be maintained in compliance with Section 13.10.070 of the O.P.M.C. In no case shall public sidewalks be closed to pedestrian traffic for a period exceeding 30 days without prior approval from the City. q. Prior to the issuance of a Certificate of Occupancy, all new private sidewalks shall comply with the City’s standard details for private sidewalks and sidewalk ramps, unless waived by the Director of Planning and Development Services (Section 18.130.015). Noncompliant pedestrian routes shall be clearly identified on the plans and comply with the building code. CONTINUED ON NEXT PAGE 4 PAGE 12 THE LEGAL RECORD • OCTOBER 14, 2014 JOHNSON COUNTY PUBLIC NOTICES RESOLUTION NO. 4089 ORDINANCE NO. Z-3681 CONTINUED FROM PRECEDING PAGE r. s. Prior to the issuance of a Certificate of Occupancy, all sidewalk ramps in the public right-of-way adjacent to the property shall be constructed or reconstructed to conform with current public sidewalk ramp requirements, including the installation of truncated domes where applicable. Prior to the issuance of a Certificate of Occupancy, the developer shall construct a four-foot concrete sidewalk along the Haskins Street frontage from 127th Street to the main drive and then an asphalt drive adjacent to the two proposed single-family homes in accordance with City standards. t. The applicant agrees to rescind SUP2005-38 for a retirement facility. u. The landscape shall be reviewed further at the time of final development plan approval to provide the required number of street trees and additional bushes and trees around the facility. v. The corner feature will be reviewed at the time of final development plan approval. SECTION 4. TAKE EFFECT. This ordinance shall take effect and be in force from and after its publication in an official City newspaper. First published in The Legal Record, Tuesday, October 14, 2014. RESOLUTION NO. 4089 A RESOLUTION DECLARING IT NECESSARY TO APPROPRIATE PRIVATE PROPERTY FOR THE USE OF THE CITY OF OVERLAND PARK, KANSAS, FOR THE CONSTRUCTION OF A FLOOD CONTROL PROJECT ALONG INDIAN CREEK TRIBUTARY 5 SOUTHWEST OF 103RD STREET TO NORTH OF 103RD STREET IN THE CITY OF OVERLAND PARK, JOHNSON COUNTY, KANSAS (SD-1281). WHEREAS, the City of Overland Park, Kansas, has heretofore authorized and directed certain improvements in the City; and WHEREAS, it is necessary to acquire private property for the construction of the improvements. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of Overland Park, Kansas: 1. It is hereby declared necessary to acquire private property for the use of the City of Overland Park, Kansas, for the following described public improvements: The construction of a public flood control project along Indian Creek Tributary 5 near the intersection of 103rd Street and Connell Drive, to reduce flooding and benefit various properties adjacent to Indian Creek Tributary 5, including the following locations: part of Sections 1 and 12, Township 13 South, Range 24 East, including but not limited to, land in HANOVER, HANOVER SOUTH and WYCLIFF, subdivisions, all of which lie within the City of Overland Park, Johnson County, Kansas, which will include but not be limited to storm sewer improvements consisting of excavation, storm sewer and inlet installation, channel widening, grade control measures, bridge construction, roadway repairs, restoration, utility relocations, retaining wall construction, design, inspection, and easement acquisition. PASSED by the City Council this 6th day of October, 2014. APPROVED by the Mayor this 6th day of October, 2014. (s) Carl Gerlach Carl Gerlach, Mayor __________ 2. It is hereby authorized and directed that a survey and description of the lands or interests therein to be condemned be made by a licensed land surveyor or a professional engineer who is competent to conduct a land survey and be filed with the City Clerk of the City of Overland Park, Kansas. ATTEST: (s) Marian Cook Marian Cook, City Clerk __ 3. This Resolution shall take effect and be in force from and after its publication in an official City newspaper. APPROVED AS TO FORM: ADOPTED by the City Council of the City of Overland Park, Kansas, this 6th day of October, 2014. (s) Stephen B. Horner __ Stephen B. Horner, Senior Assistant City Attorney 10/14 APPROVED AND SIGNED by the Mayor of the City of Overland Park, Kansas, this 6th day of October, 2014. 5 TREASURER'S QUARTERLY FINANCIAL STATEMENT /s/ Carl Gerlach Carl Gerlach, Mayor ATTEST: First published in The Legal Record, Tuesday, October 14, 2014. TREASURER'S QUARTERLY FINANCIAL STATEMENT - CITY OF FAIRWAY, KANSAS /s/ Marian Cook Marian Cook, City Clerk For the period: July 1 - September 30, 2014 This form meets the requirements of R.S. 12-1608 Supplement 1933 1 Balance 6/30/2014 FUNDS General Special Highway Stormwater Utility Debt Service Special Parks & Recreation Drug Tax Capital Improvement $ Totals $ 2 3 Receipts Disbursements 1,389,306 $ 153,735 78,834 200,151 17,141 1,891 490,988 452,315 $ 25,917 1,980 37,198 4,936 172,243 1,116,225 $ 118,000 45,550 170,750 321,979 725,396 61,652 35,264 66,599 22,077 1,891 341,252 2,332,045 $ 1,671,088 $ 1,126,243 $ 2,332,045 LIABILITIES & OBLIGATIONS APPROVED AS TO FORM: /s/ Tammy M. Owens Tammy M. Owens Deputy City Attorney 10/14 NOTICE OF HEARING First published in The Legal Record, Tuesday, October 14, 2014. CITY OF PRAIRIE VILLAGE, KANSAS NOTICE OF HEARING BOARD OF ZONING APPEALS The Board of Zoning Appeals will hold a public hearing on Tuesday, November 4, 2014, at 6:30 p.m. in the Council Chambers in the Municipal Building at 7700 Mission Road, Prairie Village, Kansas, on the following application: Outstanding Debt: General Obligation Bonds Series 2010-A Series 2010-B Series 2012-A $ 4,020,000 200,000 2,490,000 Total $ 6,710,000 10/14 4 Balance 9/30/2014 BZA 2014-06 Appeal from Section 19.14.030 of the Zoning Ordinances Requiring a rear yard depth of 35 feet. 7919 Pawnee Zoning: RP-4 Condominium or Common Wall Dwelling District Applicant: M. Christian Lewis The property legally described as follows: PADDOCK COURT LT 2 BLK 5 PVC 614 4A 1 19 5 2 The applicant is requesting a variance to screen in a rear deck requiring a variance of 6 to 7 feet. At the time of the scheduled public hearing, all interested parties may present their comments. Prior to the date of the scheduled hearing, plans, drawings, additional information and a complete copy of the legal description are available for public inspection in the Office of the Secretary to the Board of Zoning Appeals. If you have a disability and need assistance to participate in any city meeting or program, contact Joyce Hagen Mundy by e-mail at [email protected] or at 381-6464 or TDD 1-800-766-3777. Randy Kronblad Chairman 10/14 2 THE LEGAL RECORD • OCTOBER 14, 2014 PAGE 13 JOHNSON COUNTY ORDINANCE PUBLICNO.NOTICES Z-3677 ORDINANCE NO. 3677 First published in The Legal Record, Tuesday, October 14, 2014. k. Prior to the issuance of a Certificate of Occupancy, any existing public sidewalk adjacent to this property that does not substantially meet current City standards or is in poor condition shall be reconstructed to current City standards. The limits of the repair shall be approved by the Engineering Services Division prior to issuance of a Building or Site Development Permit. An alternate route for pedestrian traffic shall be maintained in compliance with Section 13.10.070 of the O.P.M.C. In no case shall public sidewalks be closed to pedestrian traffic for a period exceeding 30 days without prior approval from the City. l. Prior to the issuance of a Certificate of Occupancy, all new private sidewalks shall comply with the City’s standard details for private sidewalks and sidewalk ramps, unless waived by the Director of Planning and Development Services (Section 18.130.015). Noncompliant pedestrian routes shall be clearly identified on the plans and comply with the building code. m. The number, location and geometrics of all driveways and parking areas are subject to review and approval by the Planning and Development Services Department. ORDINANCE NO. Z- 3677 REZONING NO. 2014-11 AN ORDINANCE RELATING TO ZONING: AMENDING CERTAIN ZONING REGULATIONS SHOWN ON SHEET NO. 18 OF THE ZONING DISTRICT MAP INCORPORATED BY REFERENCE BY OVERLAND PARK MUNICIPAL CODE SECTION 18.150.020; AMENDING OVERLAND PARK MUNICIPAL CODE SECTION 18.150.020, AND REPEALING THE SAME. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS: SECTION 1. AMENDMENT OF ZONING DISTRICT MAP. The zoning district boundaries set forth on the Zoning District Map, Sheet No. 18, of the City of Overland Park, Kansas, incorporated by reference in the Overland Park Municipal Code, Section 18.150.020, are hereby amended with respect to the following described real property, to-wit: Legal Description: West Tract Property Description as Furnished Tract 2, according to that certain Certificate of Survey of Sylvan Plaza Park recorded April 21, 1969 as Document No. 828459 in Misc. Book 195 at Page 332, in the Office of the Register of Deeds of Johnson County, Kansas, which survey covers all of Lot 2, Block 17, SYLVAN GROVE, a subdivision in the City of Overland Park, Johnson County, Kansas, according to the recorded plat thereof, EXCEPT the South 140 feet of the West 160 feet thereof. East Tract Property Description as Furnished Tract 3, Sylvan Plaza Park, according to Survey recorded in Misc. Book 195 at Page 332, being a part of Lot 2, Block 17, except the South 140 feet of the West 160 feet thereof, Sylvan Grove, a subdivision in the City of Overland Park, Johnson County, Kansas, according to the recorded plat thereof. The real property hereinabove described shall hereafter be deemed zoned and classified as CP-2, Planned General Business District. The Zoning District Map, Sheet No. 18 is hereby ordered to be changed to reflect such amendment. SECTION 2. STIPULATIONS AND CONDITIONS. The rezoning granted in Section 1 of this ordinance is hereby made contingent upon the performance and observance of ORDINANCE Z-3677 stipulations, conditions, and restrictions, to-wit: the following NO. regulations, a. The development shall be in accordance with Exhibit “A” (Site Plan), and Exhibit “B” (Building Elevations), which are filed in the office of the Planning Commission Secretary at City Hall and which are incorporated by reference as if set out in full herein. Provided, subsequent revisions may be made thereto in accordance with the application, notice and other requirements of O.P.M.C. Title 18. In addition, the development shall follow and comply with all regulations and standards of the City of Overland Park, unless specifically exempted by the Governing Body. b. Development on the site shall be limited to 4,380 square feet. c. Prior to the issuance of a Building Permit for any buildings or parking areas on the site, the Planning Commission shall review and approve final development plans. d. Additional street trees shall be planted along the northern and southern drives to meet ordinance requirements. Additional foundation plantings, shrubs and bushes shall also be planted in these areas. The landscape plan will be reviewed further with the final development plan approval. e. The applicant agrees to rescind SUP1979-24 for a Private Club. f. If a traffic signal is deemed warranted in the future the applicant shall be responsible for 50 percent of the signalization cost. g. Prior to the issuance of a Certificate of Occupancy, all roof-top and ground-mounted mechanical equipment shall be screened from view with an architectural treatment that is compatible with the building architecture. h. No signage is approved with the final development plans. Separate sign permits are required prior to the installation of any signage. i. Prior to the issuance of a Site Development Permit, the owner/developer shall submit a Private Parking Lot Maintenance Agreement for review and approval of the Engineering Services Division. The Covenant to Maintain Private Parking Lot Agreement shall be submitted to Engineering Services Division for recording at the Johnson County Department of Records and Tax Administration with the recording fee paid by the owner/developer. j. Prior to the issuance of a Certificate of Occupancy, all sidewalk ramps in the public right-of-way adjacent to the property shall be constructed or reconstructed to conform with current public sidewalk ramp requirements, including the installation of truncated domes where applicable. 2 SECTION 3. The Zoning District Map for the City of Overland Park, Kansas, is hereby amended by this ordinance, Ordinance No. Z-3677, said amendment being incorporated by reference pursuant to Section 18.150.020 which is amended to read as follows: 18.150.020 Zoning District Map The boundaries of the zoning districts enumerated in Section 18.150.010 and in Article 7 of the Johnson County, Kansas, Zoning & Subdivision Regulations adopted herein shall be shown on a map officially designated as the Zoning District Map, which map is hereby incorporated by reference. Such "Zoning District Map" shall be marked "official copy of zoning district map incorporated into the zoning regulations by adoption of a zoning ordinance by the Governing Body of the City on the 6th day of October, 2014," and shall be filed in the office of the Director of Planning and Development Services of the City of Overland Park, Kansas, to be open to inspection and available to the public at all reasonable business hours. Ordinances amending the boundaries of zoning districts shall order the "Zoning District Map" to be changed to reflect such amendment, shall amend this Section 18.150.020, and shall reincorporate such "Zoning District Map" as amended. SECTION 4. All zoning ordinances or provisions of the City of Overland Park, Kansas, ORDINANCE NO. Z-3677 otherwise limiting the use of the above described real property and inconsistent with this ordinance are hereby repealed. Further, Overland Park Municipal Code, Section 18.150.020, is hereby repealed to allow for amendment to the Zoning District Map as set forth hereinabove. 3 SECTION 5. This ordinance shall take effect and be in force from and after its publication in an official City newspaper. PASSED by the City Council this 6th day of October, 2014. APPROVED by the Mayor this 6th day of October, 2014. (s) Carl Gerlach_____________________ Carl Gerlach, Mayor ATTEST: (s) Marian Cook Marian Cook, City Clerk __ APPROVED AS TO FORM: (s) Stephen B. Horner __ Stephen B. Horner, Senior Assistant City Attorney 10/14 4 PAGE 14 THE LEGAL RECORD • OCTOBER 14, 2014 JOHNSON COUNTY PUBLIC NOTICES ORDINANCE NO. Z-3679 First published in The Legal Record, Tuesday, October 14, 2014. ORDINANCE NO. Z-3679 SPECIAL USE PERMIT NO. 2014-27 AN ORDINANCE RELATING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT FOR CERTAIN PROPERTY. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS: SECTION 1. SPECIAL USE PERMIT GRANTED. Pursuant to regulations set forth in the Overland Park Municipal Code, Section 18.370, permission is hereby granted to use in the manner set forth in Section 2 hereof, the following described real property, to-wit: Legal Description: All of Lot 6, Deer Creek Marketplace, a subdivision of land in the City of Overland Park, Johnson County, Kansas. SECTION 2. That the real property hereinabove described shall hereafter allow a renewal of a drinking establishment, for a three-year period of time. All Zoning Ordinances or Zoning Regulations of the City of Overland Park, Kansas, affecting the use of the real property hereinbefore described which are inconsistent with this ordinance are hereby made inapplicable to the said property for said period of time. SECTION 3. CONDITIONS AND STIPULATIONS. The special use permit granted in Sections 1 and 2 hereinabove in addition to full compliance with any general provisions contained in Chapter 18.370 of the Overland Park Municipal Code, Unified Development Ordinance, is hereby made contingent upon the performance and observation of the following additional and supplementary regulations, stipulations, conditions, and restrictions, of which the violation of any hereafter enumerated will be a supplementary basis for revocation in addition to those specified in Section 18.370.050, to-wit: None. SECTION 4.No. TAKE EFFECT. This ordinance shall take effect and be in force from and Ordinance Z-3679 after its publication in an official City newspaper. PASSED by the City Council this 6th day of October, 2014. APPROVED by the Mayor this 6th day of October, 2014. VEHICLE AUCTION First published in The Legal Record, Tuesday, October 14, 2014. UNCLAIMED VEHICLE AUCTION OPEN TO THE PUBLIC INTERNET BIDS ONLY Pursuant to K.S.A. 8-1102 and K.S.A. 58-211 the following vehicles will be sold at public auction on Thursday, October 30, 2014 at 7:30 p.m. unless claimed by the owner and all tow and storage charges are paid in full. This auction is open to the public at www.TowLot.com Pre bidding begins at 7:30 p.m. on Thursday, October 23, 2014 and continues until the live internet sale begins October 30, 2014 at 7:30 p.m. VEHICLES CAN BE INSPECTED AT: OVERLAND TOW SERVICE 3505 MERRIAM LANE, OVERLAND PARK, KANSAS Thursday, October 23, 2014 thru Thursday, October 30, 2014 from 9:00 a.m. to 4:00 p.m. ALL SALES ARE FINAL WITH NO REFUNDS YOU MUST BE A REGISTERED USER OF www.TowLot.com TO BID ON VEHICLES All sales are “as is” “where is” and there are no guarantees or warranties. The paperwork to obtain new title is $95.00 per vehicle and no guarantee paperwork will obtain a title for you in your state. Please check with your state for details. This list is subject to change due to insurance settlements. 2002 PONTIAC GRAND PRIX- 1G2WR52172F249922 1992 FORD TEMPO - 2FAPP36U7NB148602 1984 CAD. DEVILLE - 1G6AM4780E9080496 1996 HONDA ACCORD - 1HGCE6670TA006998 2003 CHEVY MALIBU - 1G1ND52J13M500901 1998 FORD TAURUS - 1FAFP52U8WG274278 2004 CHEVY IMPALA - 2G1WH52K549415222 1992 HONDA PRELUDE - JHMBA8140NC007931 2002 CHEVY TRAILBLAZER - 1GNDT13SX22347278 1992 HONDA ACCORD - 1HGCB7250NA015500 1999 CHRYSLER SEBRING - 3C3EL55H0XT561034 1999 FORD CROWN VIC. - 2FAFP71WXXX178582 2007 DODGE RAM 1500 - 3D7KR19D77G777121 2011 CHEVY HHR - 3GNBAAFWXBS644003 2001 PONT. GRAND AM - 1G2NF52E11M511757 1994 TOYOTA CAMRY - TAN - JT2SK12E1R0217547 DAVID E MARTIN 113 15TH ST. OSAWATOMIE, KS. 66064-1611 2000 JEEP CHEROKEE - SILVER - 1J4GW48SXYC334003 - JONES A. WILLIAMS 12909 10TH ST. GRANDVIEW, MO. 64030 1996 CHEVY TAHOE - 1GNEK13R6TJ414180 2012 HONDA ACCORD - 1HGCS1A35CA021089 1993 NISSAN PICK-UP - 1N6HD16S1PC392692 1993 FORD RANGER - 1FTCR10A0PPA01264 10/14 10/21 NOTICE OF PUBLIC HEARING First published in The Legal Record, Tuesday, October 14, 2014. NOTICE OF PUBLIC HEARING BOARD OF ZONING APPEALS CITY OF OVERLAND PARK, KANSAS Notice is hereby given that the city’s Board of Zoning Appeals of Overland Park, Kansas, will hold a public hearing on Wednesday, November 12, 2014, at 7:00 p.m., in the City Council Chamber of City Hall, 8500 Santa Fe Drive, in consideration of the following items to-wit: BOARD OF ZONING APPEALS - BZA2014-12 – 8200 West 86th Street (s) Carl Gerlach Carl Gerlach, Mayor ATTEST: (s) Marian Cook Marian Cook, City Clerk __________ __ APPROVED AS TO FORM: LEGAL DESCRIPTION: Lot 23, Block 5, Wilshire Park, a subdivision of land in the City of Overland Park, Johnson County, Kansas. Cary M. Austin, applicant, is requesting a variance from Unified Development Ordinance, Section 18.390.140.C.5, Fences or walls, to allow exceptions to the setback restrictions for a fence in a side yard adjacent to a street. BOARD OF ZONING APPEALS - BZA2014-13 - 12009 England Street (s) Stephen B. Horner __ Stephen B. Horner, Senior Assistant City Attorney LEGAL DESCRIPTION: All of Lot 40, Block 2, Stone Haven, a subdivision of land in the City of Overland Park, Johnson County, Kansas, except beginning in the northwest corner of Lot 40, then east 120 feet to the northeast corner, then south 36.63 feet, then west 32.75 feet, then north .30 feet, then west 87.28 feet to the westerly line, then north 39.18 feet to the beginning. 10/14 NOTICE OF HEARING First published in The Legal Record, Tuesday, October 14, 2014. CITY OF PRAIRIE VILLAGE, KANSAS NOTICE OF HEARING BOARD OF ZONING APPEALS The Board of Zoning Appeals will hold a public hearing on Tuesday, November 4, 2014, at 6:30 p.m. in the Council Chambers in the Municipal Building at 7700 Mission Road, Prairie Village, Kansas, on the following application: BZA 2014-05 Appeal from Section 19.48.25H of the Zoning Ordinances Prohibiting signs from extending above the height of the wall on which it is mounted and Section 19.48.012(I) “Roof Sign”. 2310 West 75th Street Zoning: C-0 Office Building District Applicant: Scott Schultz, Luminous Neon The property legally described as follows: Granthurst Lots 456 & 457 and Vac High Drive adjacent on West Lot 456 and All Lots 458 & 459 The applicant is requesting an appeal of the decision of the Building Official to install a sign that extends above the height of the wall over the entrance to the building. At the time of the scheduled public hearing, all interested parties may present their comments. Prior to the date of the scheduled hearing, plans, drawings, additional information and a complete copy of the legal description are available for public inspection in the Office of the Secretary to the Board of Zoning Appeals. If you have a disability and need assistance to participate in any city meeting or program, contact Joyce Hagen Mundy by e-mail at [email protected] or at 381-6464 or TDD 1-800-766-3777. Randy Kronblad Chairman 10/14 2 Robert Burns, applicant, is requesting a variance from Unified Development Ordinance, Section 18.200.030.D, Height and area regulations, to allow a deck to be replaced in the required rear yard setback. 10/14 NOTICE TO BIDDERS First published in The Legal Record, Tuesday, October 14, 2014. JOHNSON COUNTY COMMUNITY COLLEGE 12345 College Blvd Overland Park, KS 66210 (913) 469-3812 Johnson County Community College is accepting bids for: COM South Exterior Stair Replacement, RFB #15-040. Specifications and RFB forms may be obtained by contacting the Procurement office at (913) 469-3812. Bids which are received in the Procurement office prior to 2:00 P.M. on OCT. 28, 2014 will be given consideration. The bid will be awarded on the basis of cost and performance. Bids will be opened publicly and read aloud on OCT. 28, 2014 at 2:00 P.M. at the location designated on the bid form. There will be a pre-bid meeting/site tour at 2:00 P.M. OCT 16, 2014 in room CSB-170, the procurement office, located at 12345 College Blvd., Overland Park, KS 66210. Attendance is highly recommended. 10/14 PAGE R- THE LEGAL RECORD • OCTOBER 14, 2014 JOHNSON COUNTY PUBLIC NOTICES VEHICLE AUCTION First published in The Legal Record, Tuesday, October 14, 2014. At Dale’s Tow Service, the following vehicles have been impounded by local police departments and property owners, and will be sold at public auction for cash, unless positive proof of ownership is presented and removal and storage charges are paid before November 15, 2014. Dales Tow Service – Auction Date 11.15.2014 15345 S. Keeler St Olathe KS 66062 YEAR MAKE MODEL VIN 1990 ACURA INTEGRA JH4DA9368LS038845 TAG 2002 ACURA LEGEND 19UUA56642A031306 2005 ACURA RL JH4KB16595C003589 1996 ACURA TL JH4UA3657TC003983 2002 BUICK CENTURY 2G4WS52J421282640 1992 CHEVROLET CAMARO 1G1FP23T0NL157811 007GHB 2010 CHEVROLET COBALT 1G1AD5F58A7179205 959GGD 2002 CHEVROLET IMPALA 2G1WF52E529224543 2002 CHEVROLET MONTE CARLO 2G1WX15K029370291 1998 CHEVROLET MALIBU 1G1NE52M3W6261819 HJ4K5R 1998 CHEVROLET PICK UP 1GCGK29R4WE210862 652EXC 1999 DODGE CARAVAN 2B4GP44G4XR379252 087DSI 1992 DODGE DAKOTA 1B7FL23X7NS645651 667ERK 1998 FORD ESCORT 3FAKP1135WR250108 777BTW 1999 FORD ESCORT 1FAFP10P4XW108062 2000 FORD EXPLORE 1FMYU70E2YUB02167 MJ6Y2R 2002 FORD F-150 1FTRX18W62NA22415 883FHV 2000 FORD F-150 1FTRF17WXYNB05469 943FHT 1998 FORD MUSTANG 1FAFP4040WF174033 565GHP 2004 FORD TAURAS 1FAFP55U34G169141 894BIS 2005 FORD TAURAS 1FAFP53225A284531 2000 FORD TAURAS 1FAFP5328YA243129 WE7L9M 2001 FORD WINDSTAR 2FMZA51481BA58145 WH2W6K 2001 FORD WINDSTAR 2FMZA50451BB57989 VZE103 2003 FORD WINDSTAR 2FMDA52433BB93030 829 GRN 1996 GMC JIMMY 1GKDT13W9T2508074 2001 GMC SAFARI 1GKEL19W41B503485 1996 INFINITY Q30 1998 JEEP 00ggxp JNKCA21D1TT312272 1J4GZ78Y8WC190333 2004 KIA OPTIMA KNAGD128245267643 266DTD 2002 LINCOLN LS 1LNHM87A12Y712053 704GHX LUND BOAT/TRAILER LUNW1952M79G 2012 MAZDA 6 1YVHZ8DH7C5M23117 2001 MERCURY SABLE 1MEFM50U41G608402 1990 MERCURY SABLE 1MECM5341LG610366 1996 NISSAN 200SX 1N4AB42DITC510338 The Planning Commission of the City of Prairie Village, Kansas will hold a Public Hearing at a regular meeting on Tuesday, November 4, 2014 at 7:00 p.m. in the Council Chamber of the Municipal Building, 7700 Mission Road, Prairie Village, Kansas. The subject of the Public Hearing is: APPLICATION PC 2014-08 – Request for an amendment to the Special Use Permit for a Private School to expand the current facility with the construction of a second story addition which includes two classrooms and a multi-purpose room at 3531 Somerset Drive zoned R-1a (Single Family Residential) in accordance with Section 19.28.070T of the Prairie Village Zoning Ordinances Applicant: Kathy Morrison on behalf of Highlawn Montessori School The property is legally described as “SECTION 27, TOWNSHIP 12, RANGE 25 BG at PT on E/L w1/2 1965.10’ N SE COR N 250.91’ TO CTR/L OF SOMERSET DR SW ALG CTR/L 360.25’ SE 40’ & 102.92 SE ON CURVE 97.87 E 144.39’ TO PT OF BG covering 1.6 acres more or less and SOMERSIDE LOT 16. The amended Special Use Permit, if approved, would allow for the construction of a second story addition on the west building to provide two additional classrooms and a multi-purpose room. Plans are available for review at the Office of the City Clerk. At the time of the scheduled public hearing, all interested persons may present their comments. Prior to the date of the scheduled hearing, additional information regarding the proposed application may be reviewed in the Office of the Secretary of the Planning Commission at the Municipal Building. Comments may be submitted in writing to the Planning Commission addressed to the City of Prairie Village, 7700 Mission Road, Prairie Village, Kansas 66208. If you have a disability and need assistance to participate in any city meeting or program, contact the City Clerk at 381-6464 or TDD 1-800-766-3777. Bob Lindeblad Chairman 10/14 TREASURER'S QUARTERLY FINANCIAL STATEMENT First published in The Legal Record, Tuesday, October 14, 2014. Treasurer's Quarterly Financial Statement From July 1, 2014 to September 30, 2014 Fund Name General Special Highway Special Alcohol Special Park and Recreation Transient Guest Tax Risk Management Reserve Equipment Reserve Fund Capital Improvements I-35 District CIP Fund Bond and Interest TIF A Merriam Town Center TIF B I-35 District Special Law Enforcement Trust TOTAL 436GGF Bond Debt TOTAL Beginning Balance $6,182,297.08 8,104.32 0.00 2,105.18 344,776.85 956,503.75 1,157,685.09 6,755,647.49 2,694,108.60 1,247,402.32 1,830,694.29 1,774,712.38 38,124.72 $22,992,162.07 Receipts $ 4,806,719.75 74,048.03 4,116.94 6,292.61 155,621.99 329.68 144,239.71 5,048,338.15 1,652,122.29 506,321.43 15,581.28 134,166.32 1,325.89 $12,549,224.07 Disbursements $ Ending Balance 4,972,692.95 28,064.41 4,116.94 3,478.48 96,687.04 5,166.02 157,001.05 1,727,482.39 1,693,602.35 1,753,723.75 1,843,420.56 1,889,627.51 328.36 $14,175,391.81 $6,016,323.88 54,087.94 0.00 4,919.31 403,711.80 951,667.41 1,144,923.75 10,076,503.25 2,652,628.54 0.00 2,855.01 19,251.19 39,122.25 $21,365,994.33 Balance $7,610,000.00 Debt Issued $0.00 Debt Retired $1,680,000.00 Balance $5,930,000.00 $7,610,000.00 $0.00 $1,680,000.00 $5,930,000.00 136DBT 1990 NISSAN MAXIMA JN1HJ01P5LT429331 1996 PLYMOUTH VOYAGER 1P4GP44R0TB308395 2001 SUBARU FORESTER JF1SF63521H731099 268BFA 1991 SUBARU LEGACY JF1BC632XMK602680 924FKG 2003 SUBARU LEGACY 4S3BE635436211899 969GJU 1995 TOYOTA 4RUNNER JT3VN29V1S0037938 YF7C0C 1996 TOYOTA AVALONE 4T1BF12B9YU089961 389GHR 1988 TOYOTA CAMRY JT2SV22E2J3236687 162ESU VOLKSWAGON JETTA 3VWST29MX1M012606 304 LDK 2001 10/14 NOTICE OF HEARING First published in The Legal Record, Tuesday, October 14, 2014. CITY OF PRAIRIE VILLAGE, KANSAS NOTICE OF HEARING /s/ Cynthia L. Ehart, City Treasurer City of Merriam, Kansas 481ELV 10/14 NOTICE TO BIDDERS First published in The Legal Record, Tuesday, October 14, 2014. JOHNSON COUNTY COMMUNITY COLLEGE 12345 College Blvd Overland Park, KS 66210 (913) 469-3812 Johnson County Community College is accepting bids for: Annual Contract for Light Bulb and Ballast Purchases, RFB #15-008 Specifications and RFB forms may be obtained by contacting the Procurement office at (913) 469-3812. Bids which are received in the Procurement office prior to 1:00 P.M. on OCT. 30, 2014 will be given consideration. The bid will be awarded on the basis of cost and performance. Bids will be opened publicly and read aloud on OCT. 30, 2014 at 1:00 P.M. at the location designated on the bid form. 10/14 NOTICE TO BIDDERS First published in The Legal Record, Tuesday, October 14, 2014. JOHNSON COUNTY COMMUNITY COLLEGE 12345 College Blvd Overland Park, KS 66210 (913) 469-3812 Johnson County Community College is accepting bids for: Commercial Refrigerators and Freezers, RFB #15-048 Specifications and RFB forms may be obtained by contacting the Procurement office at (913) 469-3812. Bids which are received in the Procurement office prior to 2:00 P.M. on OCT. 23, 2014 will be given consideration. The bid will be awarded on the basis of cost and performance. Bids will be opened publicly and read aloud on OCT. 23, 2014 at 2:00 P.M. at the location designated on the bid form. 10/14 VEHICLE AUCTION First published in The Legal Record, Tuesday, October 14, 2014. At Dale’s Tow Service, the following vehicles have been impounded by local police departments and property owners, and will be sold at public auction for cash, unless positive proof of ownership is presented and removal and storage charges are paid within 15 days after the publication of this notice. DALES TOW SERVICE 8787 LENEXA DR OVERLAND PARK KS 66214 (913) 782 2289 2000 FORD EXPLORER VIN #1FMYU70E2YUB02167 OWNER: MARK AND CHERYL SANNER 5876 EDGEWATER RD WAMEGO KS 66547 LEINHOLDER: CHRISTOPHER HILL 4616 WILLOW AVE KANSAS CITY MO 64133 2005 ACURA RL VIN # JH4KB16595C003589 OWNER: DARREN WALROD 12105 WENONGA LN LEAWOOD KS 66209 LEINHOLDER: TELLIS MONTGOMERY 13858 ABERDEEN ST LEAWOOD KS 66224 10/14 10/21 NOTICE TO BIDDERS First published in The Legal Record, Tuesday, October 14, 2014. JOHNSON COUNTY COMMUNITY COLLEGE 12345 College Blvd Overland Park, KS 66210 (913) 469-3812 Johnson County Community College is accepting bids for: JCCC Police Department Office Remodel, RFB #15028. Specifications and RFB forms may be obtained by contacting the Procurement office at (913) 469-3812. Bids which are received in the Procurement office prior to 2:00 P.M. on NOV. 4, 2014 will be given consideration. The bid will be awarded on the basis of cost and performance. Bids will be opened publicly and read aloud on NOV.4, 2014 at 2:00 P.M. at the location designated on the bid form. There will be a pre-bid meeting/site tour at 11:00 A.M. OCT 21, 2014 in room CSB-170, the procurement office, located at 12345 College Blvd., Overland Park, KS 66210. Attendance is highly recommended. 10/14 NOTICE TO BIDDERS First published in The Legal Record, Tuesday, October 14, 2014. JOHNSON COUNTY COMMUNITY COLLEGE 12345 College Blvd Overland Park, KS 66210 (913) 469-3812 Johnson County Community College is accepting proposals for: Roof Design and Consulting Services, RFP #15-049 Specifications and RFP forms may be obtained by contacting the Procurement office at (913) 469-3812. Proposals which are received in the Procurement office prior to 2:00 P.M. on OCT. 30, 2014 will be given consideration. The names of Vendors responding to the RFP will be announced publicly on OCT. 30, 2014 at 2:00 P.M. in the CSB Building, Room 170, Johnson County Community College, 12345 College Blvd., Overland Park, KS 66210. 10/14