EUDORA CITY COMMISSION MEETING AGENDA April 22, 2019 Eudora City Office 4 East 7th Street Eudora, Kansas 7:00 P.M.
Mayor: Tim Reazin Vice Mayor: Ruth Hughs City Commissioners: Jolene Born, Troy Squire & Tim Bruce
I. CALL TO ORDER Roll Call Pledge of Allegiance
II. CHANGES OR ADDITIONS TO AGENDA – Approve agenda
III. CONSENT ITEMS: A. Consider minutes of April 8, 2019 Eudora City Commission meeting B. Consider warrants against the City of Eudora C. 1st Quarter Codes Department report D. 1st Quarter Eudora Chamber of Commerce report
PUBLIC COMMENTS: Please state name and address prior to addressing the Governing Body. Public comments are limited to 5 minutes per speaker.
IV. BUSINESS ITEMS: A. Proclamation declaring May National Bike Month, May 13th to May 17th as Bike to Work Week and May 17th as Bike to Work Day B. Consider proclamation declaring May 5th to May 11th as Public Service Week C. Consider Grant Service Agreement with Mid-America Regional Council (MARC) D. Consider scope of work, timeline and contract for Planning Consultant Service for Comprehensive Plan update E. Re-Consider Ordinance 1086 updating utility billing changes F. Consider storm water utility fee adjustment
V. Mayor & City Commission comments
VI. City Manager & staff comments
VII. WORK SESSIONS: A. Business Regulations B. 2019 project update for Public Works and Parks & Recreation
VIII. EXECUTIVE SESSION: A. Non-elected personnel
IX. Adjournment
As a courtesy, please silence all cell phones while the City Commission meeting is in session. Eudora City Commission Meeting City Hall – 4 E. 7th Street Eudora, Kansas April 8, 2019 7:00 p.m.
Call to Order: Mayor Tim Reazin Commissioner Troy Squire - Absent Commissioner Tim Bruce Vice Mayor Ruth Hughs Commissioner Jolene Born - Absent
Quorum noted.
Pledge of Allegiance was recited.
Changes or additions to agenda Mayor Reazin requested to remove Business Regulations work session as well as the Executive Session from the agenda. Commissioner Hughs moved the City Commission approve the agenda with the noted changes, motion seconded by Mayor Reazin, all ayes, motion carried, 3-0.
Consent agenda items A. Consider minutes of March 25, 2019 Eudora City Commission meeting B. Consider warrants against the City of Eudora C. Consider March Police Department report D. Consider March Fire Department report Mayor Reazin moved the City Commission approve consent items, motion seconded by Commissioner Hughs, all ayes, motion carried, 3-0.
Public comments Public comments were invited and none were heard.
Business Items A. Recognize retiring Parks & Recreation Director Gary Scott. Mayor Reazin thanked Gary Scott for his service and dedication to the City of Eudora as the Parks & Recreation Director. Mayor Reazin acknowledged the influence and impact Mr. Scott has had on the community. The Mayor wished Mr. Scott well in his retirement. The Mayor presented Mr. Scott with an award and the audience gave Gary a round of applause. Mr. Scott thanked the Mayor, City Commission, City Manager Matite and staff for everything during his time with the City. During an emotional moment, he stated that there are two things that he lives by: “Make a Difference” and “Life is Good.”
B. Consider proclamation declaring April Arbor Month and April 26, 2019 as Arbor Day Mayor Reazin presented the proclamation to the Interim Parks & Recreation Director Jimmy Kegin. Commissioner Hughs moved the City Commission approve the proclamation declaring April as National Arbor Month and April 26, 2019 as National Arbor Day, motion seconded by Commissioner Bruce, all ayes, motion carried, 3-0.
April 8, 2019 Eudora City Commission meeting minutes | 1 C. Consider proclamation declaring April Child Abuse Prevention Month Brenda Hawkins with the Douglas County child prevention task force attended the meeting to receive the proclamation. Ms. Hawkins thanked the Commission for declaring the month of April as child abuse prevention month in Eudora. Mayor Reazin moved the City Commission approve the proclamation declaring April Child Abuse Prevention Month, motion seconded by Commissioner Hughs, all ayes, motion carried, 3-0.
D. Consider 2018 Annual Report City management intern Ami Young presented the 2018 Annual Report. This report gave the Commission and staff a chance to review what had been completed during 2018. The City Commission thanked Ms. Young for a great report that was full of information.
E. Consider Ordinance 1086 updating utility billing changes Utility Billing Specialist Eric Strimple presented Ordinance 1086 which proposed changes to the utility billing notices and penalty percentage. Mr. Strimple noted three changes being proposed are electronic utility delinquent notices, electronic door hangers notices and an increase in the penalty percentage. Mayor Reazin stated that he against charging citizens more especially with the savings from mailing notices and staff time. Commissioner Hughs and Commissioner Bruce agreed with the proposed changes. Commissioner Hughs moved the City Commission approve Ordinance 1086 utility billing changes, motion seconded by Commissioner Bruce, motion carried, 2-1, Mayor Reazin voted nay and Commissioners Bruce and Hughs voted aye.
Mayor and City Commission Comments Mayor Reazin commented he would like to change the flow of the meeting by adding public comment after each business item. This would give the audience a chance to become more involved with the meeting and ask questions or state their concerns about what the Commission is currently discussing. Commissioners Hughs and Bruce agreed.
Commissioner Bruce – No comment.
Commissioner Hughs – No comment.
Commissioner Born – Did not attend meeting.
Commissioner Squire – Did not attend meeting.
City Manager and Staff Comments City Manager Barack Matite stated on behalf of the staff he wanted to also thank Gary Scott for his dedication and service to the City of Eudora. He stated Gary’s impact to the community will be with us forever and that he will be missed from the organization. Matite also mentioned that they will plan on calling on Gary to be a part of a committee or panel in the future.
Assistant City Manager Leslie Herring commented how great it has been to work with Gary Scott and what a great job his has done for the City of Eudora. She wished him the best in his retirement. Herring recognized Interim Parks and Recreation Director Jimmy Kegin as the person to contact if anyone needs anything. Kegin has been acting director since August of last year and has been doing a great job. Herring suggested the Commission meet at 6:30 pm before the April 22nd City Commission at the west entrance sign to hang the letters. Mayor Reazin and Commissioners agreed to meet at this time.
April 8, 2019 Eudora City Commission meeting minutes | 2 Director of Public Works Branden Boyd commented Lucy Kaegi Park is nearing completion and it is looking good. Boyd also mentioned that he will be bidding out the asphalt portion of the Recreation Center parking lot shortly after the reopening of the park. Water Well #10 is still under construction and they are starting to lay the water line up to the well. The mowing contractor will begin mowing this next week.
Police Chief Wes mentioned that he is currently working with the Zeb’s Coffee House to schedule a time to have a coffee with a cop. They are looking at dates to have this event in the upcoming week.
Fire Chief Ken Keiter thanked City Management Intern Ami Young for a great job on the 2018 annual report.
Interim Parks & Recreation Director Jimmy Kegin commented on the great job the contractor has done on Lucy Kaegi Park and how quickly things came together getting the park completed. Testing of the new play equipment will be next week and open soon thereafter. Kegin mentioned how great it has been to work along side with Gary Scott. Kegin will miss not having him to work with but wished him the best and to enjoy his retirement.
City Clerk Pam Schmeck did not attend the meeting. Accounts Payable Clerk Betsy Crabill attended the meeting in her place. – No comment.
Mayor Reazin moved the City Commission recess for Work Session for an update on Brush Disposal Service, motion seconded by Commissioner Bruce, all ayes, motion carried, 3-0.
Work Session A. Update on Brush Disposal Service Assistant City Manager Leslie Herring provided an update of the status of the brush dump site. She informed the Commission that all the brush has been moved to the new site behind the lagoon. She wants to invite the Commission to the site to see an open burn so they can see firsthand how an open burn would work so they can make a clear decision. Public comments were heard by Stan Black, Ed Jankowski and Cray Corpstein. Mayor Reazin wants to bury the current pile and start with a clean slate. He would like to address the road condition and cameras as well.
Staff was directed to bring the item back to the Commission with other options outlined.
Mayor Reazin brought the meeting to order at 8:14 pm.
Commissioner Bruce moved to adjourn, motion seconded by Commissioner Hughs, all ayes, motion carried, 3-0.
Meeting adjourned at 8:15 pm.
______Tim Reazin, Mayor
______Pam Schmeck, City Clerk
April 8, 2019 Eudora City Commission meeting minutes | 3 City of Eudora, Kansas
Codes Administration
Agenda Statement
Date: April 22, 2019 To: Mayor, Vice Mayor and City Commissioners From: Leslie Herring, Assistant City Manager Curt Baumann, Codes Administrator Gordon Snyder, Codes Enforcement Officer Re: 1st Quarter Codes Report
Background
The first quarter of codes administration and enforcement was filled with winter and spring time code violations and resolutions, continuing to focus codes enforcement on snow removal on sidewalks, disbursement of money from the Eudora Residential Property Improvement Grant Program, address postings on homes, parking on grass, issuance of numerous building permits, and the performance of building inspections.
Codes Enforcement
Primary Focus
The primary focus of the Codes Enforcement Officer position is the identification and resolution of code violations. This past quarter (January – March), the following violations were formally addressed:
General Nuisance 2 Prohibitions Against Accumulations 4 Junked Motor Vehicles 3 Street/Sidewalk Debris 4 Off-Street Parking 50 Prohibited Accumulations 4 Camper/RV Parking 4 Uninhabitable Structures 8 Snow/Ice on Sidewalks 7 Kennels; Licensing; Limitation 1 Sign Regulations 53 Numbering of Buildings 25 Non-permitted Contractors 21
Total Enforcement Matters (City-wide) 1st Quarter 186 Special Focus Area(s)
This past quarter, the Codes Enforcement Office focused on the number of vehicles parked off approved surfaces and homes within the City not having the proper posting of address numbers for emergency response, delivery truck drivers and City workers.
2nd Quarter Priorities
The second quarter of the year will be spent focusing on the upkeep of yards to make sure they are compliant and coordinating with Public Works for abatements, as well as working with residents to make sure all homes and buildings have the correct and visible address numbers posted.
Also of focus this quarter will be: Considering modifications and complementary programs to the Eudora Residential Property Improvement Grant to ensure those who qualify for the program and are interested in participating are able to tap into the resource. Continue working on a city-wide sidewalk snow-removal map to coordinate snow and ice removal and treatment on all public portions of sidewalk. Working on reviewing areas of the City Code book that do not provide clear guidance (if the level arises to that of revision, the conversation will be brought to the City Commission as a future work session).
Codes Administration
Primary Focus
The primary focus of the Codes Administrator is to enforce the building codes and zoning regulations as relate to construction and buildings and structures within the city limits. This past quarter (January – March), permits were issued for the following:
Mechanical (Furnace/AC replacement) 10 Plumbing (Water heater replacement, irrigation, 8 gas line repair/pressure test, sewer repair) Electrical (Service repair/upgrade, temporary power) 4 Re-Roof 9 Sign, Tent, Temporary/Seasonal 10 Fence, Pergola, Deck, Structural Covering 9 New Single-family Home 3 Residential – Remodel/Addition 6 Commercial – New or Remodel/Addition 2 Accessory Building 1
2019 TOTAL BUILDING PERMITS – 1st Quarter 62 2019 TOTAL NEW HOUSING STARTS – 1st Quarter 3 (Median value: $260,000.00) 2019 TOTAL CONTRACTOR’S LICENSE – 1st Quarter 42 Building
This past quarter, the construction industry saw a severe winter. The weather had a substantial impact on new housing starts along with meeting the timetable for the Homestead Eudora senior living facility and Cornerstone self-storage project. Home builders focused on cleaning up existing inventory, passing final inspections, and obtaining Certificates of Occupancy.
2nd Quarter Priorities
The second quarter will be focused on formulating the staff recommendation for adoption of the 2018 International Building Code standards. To-date, collaborative work has been done with the County and neighboring jurisdictions as well as with the building and construction community to consider the differences between the current (2012) and the new 2018 standards.
Budget impact – N/A
City Manager Approval – N/A
Recommended Commission Action Suggested motion: No motion necessary. 1st Quarter Report-2019
We kicked off January with our annual dinner. The event was held at BlueJacket Crossing Vineyard. The meal was catered by the students with the Eudora De Soto Culinary Ed Tech Program. Kaw Valley State Bank was recognized for 2018 Business of the Year. Kaw Valley State Bank has legacy for actively participating in the growth of our community and making generous contributions to our schools, clubs, and other organizations in town. Michael Kirkendoll and Mary Fukushima- Kirkendoll were recognized as our 2018 Persons of the Year. Michael and Mary have quickly immersed themselves into Eudora community, bringing yoga and the Hammert Building to downtown and world class musicians into our schools. They’ve also been instrumental in establishing informative education and outreach to our senior community.
In beginning of February, we held our Chamber Board retreat at Sweet Acres Inn. The board discussed our goals and vision for 2019.
At our February general meeting, the chamber hosted State Senator Tom Holland at City Hall. Lunch was catered by Torched Goodness and sponsored by Benchmark Construction. Tom gave our members an in depth look into the current legislative session. He discussed the bills he is working on and hoping to bring to the floor this year.
In March we invited our members to submit questions they had for the city. The board reviewed and submitted the questions to the city. Cornerstone Property Management sponsored the lunch catered by Torched Goodness. Barack and Leslie addressed our questions and highlighted the extensive information that is available on the City website. Unfortunately, we did not have enough time to do a Q&A at the end for follow up questions.
We are seeing consistent attendance to our meetings approximately 20-25 people are engaging, listening, and learning from our guest speakers.
We’ve had four new business join the chamber this quarter: Jannell Lorenz CMT, LLC McGrew Real Estate The Lodge on Main Zeb’s Coffee House Financials: 1st Quarter Account beginning balance for Money Market: $5,040.69 1st Quarter Account ending balance for Money Market: $5,041.27 1st Quarter Account beginning balance for Business Checking: $11,750.49 1st Quarter Account ending balance for Business Checking: $13,171,54 1st Quarter Account beginning balance for Scholarship Fund: $1,657.86 1st Quarter Account ending balance for Scholarship Fund: $1,917.93 City of Eudora, Kansas
City Clerk’s Office
Agenda Statement
To: Mayor and City Commissioners From: Pam Schmeck, City Clerk Date: Monday, April 22, 2019 Re: Bicycle Month Proclamation
Background May is National Bike Month, sponsored by the League of American Bicyclists and celebrated in communities from coast to coast. Established in 1956, National Bike Month is a chance to showcase the many benefits of bicycling and encourage more folks to giving biking a try. 40% of all trips in the U.S. are less than two miles, making bicycling a feasible and fun way to get to work.
Whether you bike to work or school; ride to save money or time; pump those pedals to preserve your health or the environment; or simply to explore your community, National Bike Month is an opportunity to celebrate the unique power of the bicycle and the many reasons we ride.
Each year, the Lawrence-Douglas County Bicycle Advisory Committee (BAC), which the City of Eudora is a member, encourages cities in Douglas County to adopt a proclamation proclaiming May as National Bike Month, the week of May 13th – 19th Bike to Work Week and May 17th as Bike to Work Day.
Scott Keltner, Eudora’s representative on the BAC, plans to attend the meeting to receive the proclamation.
Budget Impact - N/A
City Manager Approval - N/A
Recommended Commission Action Suggested Motion: I move the City Commission proclaim the month of May as National Bike Month, the week of May 13th - May 19th as Bike to Work Week and May 17th as Bike to Work Day. Office of the Mayor Proclamation Eudora, Kansas
WHEREAS: For more than a century, the bicycle has been an important part of the lives of most Americans; and the bicycle is a viable and environmentally sound form of transportation and an excellent form of recreation; and
WHEREAS: Creating bicycle-friendly communities has been shown to improve citizens' health, well-being, and quality of life, to boost community spirit, to improve traffic safety, and to reduce air pollution and road congestion; and
WHEREAS: Education, starting at a young age, of all would-be cyclists and motorists as to the proper and safe operation of bicycles and motor vehicles is important to ensure the safety and comfort of all users; and
WHEREAS: Cyclists, students, parents and community leaders throughout our state are promoting greater public awareness of bicycle operation and safety education for bicyclists and motorists in an effort to reduce accidents, injuries and fatalities; and
WHEREAS, Eudora citizens of all ages, ability, family background and socioeconomic status will experience the joys of bicycling through encouragement activities, educational programs, community events and earn-a-bike programs, helmet promotion, or just getting out and going for a ride.
NOW, THEREFORE, I, Tim Reazin, Mayor of the City of Eudora, Kansas, do hereby proclaim the month of May 2019 to be NATIONAL BIKE MONTH and the week of May 13th to May 19th, 2019 to be BIKE TO WORK WEEK and May 17th as BIKE TO WORK DAY.
______Tim Reazin, Mayor April 22, 2019 City of Eudora, Kansas
City Office
Agenda Statement
Date: April 22, 2019 To: Mayor, Vice Mayor and City Commissioners From: Pam Schmeck, City Clerk Re: Proclamation for Public Service Recognition Week
Background 2017 was the first year the City Commission honored city employees by passing a proclamation recognizing Public Service Recognition Week. Government leaders are encouraged to show appreciation to their employees and colleagues during this time.
The goals of the Public Service Recognition Week are to connect and educate citizens to the work of their government; improve the perception and morale of public service servants; and to help inspire a new generation of public servants.
Last year, the Eudora Employee Relations Committee (EERC) arranged a few events during the week to celebrate. It was appreciated by all employees. 2019 Public Service Recognition Week will be celebrated the week of May 5th through the 11th. This year employees will have lunch catered by Chipotle on May 9th at noon at the City Office. Commissioners and employees are invited to lunch.
Budget Impact – Line item 01-015-6623 will fund the lunch.
City Manager Approval – N/A
Recommended Commission Action Suggested Motion: I move the City Commission approve the Proclamation proclaiming May 5th – 11th, 2019 as Public Service Recognition Week. PUBLIC SERVICE RECOGNITION WEEK
In honor of the millions of public employees at the federal, state, county and city levels
Whereas: Americans are served every single day by public servants at the federal, state, county and city levels. These unsung heroes do the work that keeps our nation working; and
Whereas: Public employees take not only jobs, but oaths; and
Whereas: Many public servants, including military personnel, police officers, firefighters, border patrol officers, embassy employees, health care professionals and others, risk their lives each day in service to the people of the United States and around the world; and
Whereas: Public servants include teachers, doctors and scientists . . .train conductors and astronauts . . . nurses and safety inspectors . . . laborers, computer technicians and social workers . . and countless other occupations. Day in and day out they provide the diverse services demanded by the American people of their government with efficiency and integrity; and
Whereas: Without these public servants at every level, continuity would be impossible in a democracy that regularly changes its leaders and elected officials.
Therefore: I, Tim Reazin, the Mayor of the City of Eudora, do hereby announce and proclaim to all citizens and set seal hereto, that May 5th – 11th, 2019 is Public Service Recognition Week. All citizens are encouraged to recognize the accomplishments and contributions of government employees at all levels - federal, state, county and city.
In witness whereof, I have hereunto set my hand caused the Seal of the City of Eudora, Kansas to be affixed this 22nd day of April, 2019.
______Tim Reazin, Mayor City of Eudora, Kansas
City Manager’s Office
Agenda Statement
Date: Monday, April 22, 2019 To: Mayor and City Commissioners From: Barack Matite, City Manager Re: Professional Grant Service Agreement with Mid-America Regional Council (MARC)
Background Since Fall of 2018, staff has been working with Paul and Kawehi Wight, the owners of 701 Main St. building, on ways to leverage grants to rehabilitate their building. After hours of research and numerous meetings, the Downtown Commercial Rehabilitation Program, a program offered through the Kansas Department of Commerce’s CDBG Program, was the most applicable grant opportunity to pursue.
Community Development Block Grant Program (CDBG)– Downtown Commercial Rehabilitation Program According to the Kansas Department of Commerce, “the purpose of this program is to help cities improve the quality of their downtown commercial districts by assisting private property owners in the rehabilitation of blighted buildings”1 and help stem the tide of decay.
Attached to this agenda statement is the program guidelines. Below are some key requirements of the program:
1. The applicant must be a unit of local government and be a non-entitlement community in Kansas.2 2. The maximum amount of CDBG funds that can be applied for is $250,000. All the funds must be used for an eligible activity. 3. A match of 25% of the project cost is required from the property owner(s). 4. The project must have a grant administrator. The CDBG funds cover the grant administration cost. 5. The application is limited to one building. 6. Public hearings must be held as part of the grant application process.
1 https://www.kansascommerce.com/710/Commercial-Rehabilitation 2 Entitlement communities are comprised of central cities of Metropolitan Statistical Areas (MSAs); metropolitan cities with populations of at least 50,000; and qualified urban counties with a population of 200,000 or more (excluding the populations of entitlement cities). States distribute CDBG funds to non-entitlement localities not qualified as entitlement communities.
1 | P a g e 7. A mandatory site visit will be conducted.
Grant applications for this program are accepted from January 2nd to December 6th, 2019 and are reviewed within a 45-day period. i.e. their staff have 45 days to review the application and then inform the applicant(s) if they have been awarded.
As indicated above, a requirement of the program is that the applicant must have a grant administrator. The administrator may assist in drafting and preparing the grant application but must administer it, if awarded. Based on the recommended list of grant administrators from the Department of Commerce, staff selected MARC as the preferred administrator to work with on this project. “MARC is a nonprofit association of city and county governments and the metropolitan planning organization for the bistate Kansas City region.”3 Although the city is not a member of MARC, we routinely utilize many of their services, participate in their initiatives and attend the numerous events they host for cities and counties in the region.
As part of their engagement process for such projects, MARC requires cities to sign a professional service agreement for their services to prepare the grant and administer it. There is no fee for the preparation of the grant. If awarded, MARC will receive the maximum amount of CDBG funds that can be used for administration which is $17,000. The grant service agreement is attached for your review.
Staff Comments It has been the city’s objective to revitalize downtown by working with property owners and making strategic investments that would spur the economic activities and excitement that is occurring. This CDBG grant, if awarded, has the potential to propel the vibrancy that we’ve seen and experience in our downtown. Staff recommend the City Commission approve the grant service agreement so that we can proceed with the preparation of the application and submit it. As part of the grant process, the City Commission will hold public hearings and approve Resolutions that will be submitted with the application. These will be presented before the City Commission for consideration later in the process.
Budget Impact– None. The matching funds will be committed by the owners, and the grant administration fee is paid for using the CDBG funds.
City Manager Approval – Approve.
Recommended Commission Action: Suggested Motion: I moved to approve the grant service agreement with Mid-America Regional Council and authorize the City Manager to execute the agreement.
3 http://www.marc.org/About-MARC
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Company ID Number: 173374
THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS
ARTICLE I PURPOSE AND AUTHORITY
The parties to this agreement are the Department of Homeland Security (DHS) and the ______Mid-America Regional Council (MARC) (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify.
E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts.
ARTICLE II RESPONSIBILITIES
A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system:
a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes.
3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee’s E-Verify access if the employer is separated from the company or no longer needs access to E-Verify.
Page 1 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number: 173374
4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual.
5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases.
a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form I-9 procedures, with two exceptions:
a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 7. The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9.
8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures.
a. The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly
Page 2 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number: 173374
employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability.
10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize.
11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU.
12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge.
13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee’s perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number: 173374
(including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee’s employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline).
14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound “foreign” or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes.
16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at [email protected]. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify.
17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties.
18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number: 173374 reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify.
19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false.
20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS.
21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.
22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU.
B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors.
2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify.
a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later.
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Company ID Number: 173374
b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee’s work authorization has not expired, and iii. The Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i. The Employer cannot determine that Form I-9 complies with Article II.A.6, ii. The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with
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Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements.
C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database.
2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).
3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer.
4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer.
Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218.
D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU:
a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
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b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process.
3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify.
4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.
5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice.
6. DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and password that permits them to log in to E-Verify.
7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements.
8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry.
9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions.
ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify Page 8 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number: 173374 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation.
3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary.
5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA.
B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the
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Company ID Number: 173374 employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days.
5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by:
a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch.
8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary.
9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates.
ARTICLE IV SERVICE PROVISIONS
A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access.
ARTICLE V MODIFICATION AND TERMINATION
A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties.
2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
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B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties.
2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer’s business.
3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees.
4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify.
ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
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Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218.
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Company ID Number: 173374
Approved by:
Employer Mid-America Regional Council
Name (Please Type or Print) Title
Nancy Weitzel Burry Human Resources Director
Signature Date
April 4, 2018
Department of Homeland Security – Verification Division
Name (Please Type or Print) Title
USCIS Verification Division
Signature Date
Electronically Signed April 4, 2018
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Company ID Number: 173374
Information Required for the E-Verify Program
Information relating to your Company:
Company Name Mid-America Regional Council
Company Facility Address 600 Broadway, Suite 200 Kansas City, Missouri 64105
Company Alternate Address None
County or Parish Jackson County
Employer Identification Number 430976432
North American Industry
Classification Systems Code 921
Parent Company Mid-America Regional Council
Number of Employees 100 to 499
Number of Sites Verified for 1
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Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State:
Missouri 1 (one) site
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Information relating to the Program Administrator(s) for your Company on policy questions or operational problems:
Primary:
Name: Nancy Weitzel Burry Telephone: 816-474-4240 ext 8208 Email: [email protected] Fax Number: 816-421-7758 Secondary:
Name: Carol Gonzales Telephone: 816-474-4240 ext 8204 Email: [email protected] Fax Number: 816-421-7758
Name: Kathy McNemee Telephone: 816-474-4240 ext 8318 Email: [email protected] Fax Number: 816-421-7758
Page 16 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 173374
Page 17 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 AGREEMENT BETWEEN OWNER & CONSULTANT FOR PROFESSIONAL ADMINISTRATIVE SERVICES 701 Main Street Downtown Rehabilitation
This is an agreement made as of April 22, 2019 between City of Eudora (owner) and Mid- America Regional Council (consultant). The owner intends to perform a community development project, and the owner and consultant in consideration of their mutual covenants herein agree in respect of the performance of professional administrative services by consultant and the payment for those services by owner as set forth below. Consultant shall provide professional grant writing, professional administrative services for owner in all phases of the project to which this agreement applies, serve as the owner’s representative for the project as set forth below, and shall provide professional consultation of services hereunder. Section 1 – Basic Services for Consultant 1.1 The consultant shall perform professional grant writing services, which includes the writing of the owner’s Community Development Block Grant program application. Fees associated with this service are the sole responsibility of the Owner and may be eligible for CDBG payment of reimbursement. 1.2 The consultant shall perform professional administrative services as hereinafter stated, which include the administration of the owner’s Community Development Block Grant Program, should the grant be awarded. The specific services of the consultant are indicated in Exhibit A, “Scope of Services.” Section 2 – Owner’s Responsibilities The owner shall: 2.1 Provide all criteria and full information as to owner’s requirements for the project, and furnish copies of all documents related to the project. 2.2 Assist consultant by placing at his disposal all available information pertinent to the project, including previous reports and any other data relative to the project. 2.3 Give prompt written notice to consultant whenever owner observes or otherwise becomes aware of any development that affects the scope of timing of the consultant’s services. 2.4 Bear all costs incidental to compliance with the requirements of Section 2. Section 3 – Period of Service 3.1 The provisions of this Section 3 and the rates of compensation for the consultant’s services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the project through completion. 3.2 The contractor agrees to complete the project by the ending date identified in the owner’s “Grant Agreement” with the Kansas Department of Commerce for the Community Development Block Grant Program from which part of the project has been financed.
1 3.3 If the owner has requested significant modifications or changes in the extent of the project, the time of performance of consultant’s services and his rates of compensation shall be adjusted appropriately. Section 4 – Payments to Consultant 4.1 There shall be no payment due from the owner to the consultant for the performance of grant writing services performed under this agreement. 4.2 The maximum amount the owner shall pay the consultant for professional administrative services performed under this agreement shall not exceed $17,000.00. Compensation will be based on a fixed fee basis documented in a manner acceptable by the owner. Full payment of the fees associated with Section 4.2, agreed to by the Owner and Consultant by and through this agreement shall be contingent upon CDBG funding. In the event that grant funds are not awarded to Owner by the CDBG program, this agreement shall be terminated by Owner. 4.3 Consultant shall submit bi-monthly statements for services and expenses incurred at the time of billing. Owner shall make prompt payments in response to consultant’s bi-monthly statements. Section 5 – General Considerations 5.1 The obligation to provide further services under this Agreement may be terminated by either party upon ten days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 5.2 The consultant shall comply with all applicable rules, regulations, laws, and requirements in relation to the Community Development Block Grant Program as distributed by the Kansas Department of Commerce. 5.3 The owner and consultant each binds himself and his partners, successors, executors, administrators, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations to this agreement. 5.4 Neither owner nor consultant shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except as stated in paragraph 5.3 and except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to or assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent consultant from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of service hereunder. Section 6 – Special Provisions and Exhibits 6.1 The following exhibits are attached to and made a part of this Agreement. 6.1.1 Exhibit A, “Scope of Services,” consisting of one page. 6.1.2 Part II, “Terms and Conditions,” consisting of five pages.
2 6.1.3 “E-Verify Memorandum of Understanding,” consisting of 17 pages. 6.2 This Agreement (consisting of pages 1 to 26, inclusive), together with the exhibits identified above, constitute the entire agreement between the owner and consultant and supersede all prior written or oral understandings. This agreement and said exhibits may only be amended, supplemented, modified, or canceled by a duly executed written instrument.
In witness whereof, the parties hereto have made and executed this Agreement as of the day and year first above written. Owner: Consultant: ______CITY OF EUDORA ______MID-AMERICA REGIONAL COUNCIL ______
3 PROFESSIONAL SERVICES AGREEMENT (CONTINUED) EXHIBIT A – SCOPE OF SERVICE
The consultant shall complete, in a professional and timely manner, the following services relative to the owner’s Community Development Block Grant Program. Such actions shall be performed in a manner prescribed by the Kansas Department of Commerce. 1. Financial Management (accounting, file maintenance, cost documentation, Part 85/A-87 conformance, RFF preparation, check writing, bank statement reconciliation, and related matters) 2. Environmental Review – including completion of the entire Environmental Review Record and designation as Environmental Review Officer. Publications and related costs shall be the responsibility of the Owner. 3. Labor Standards Compliance – including review of weekly payrolls, wage rates requests for bidders, and employee interviews. 4. Civil Rights Compliance – including fair housing activities and analysis of impediments activities. 5. Public Participation Requirements (owner to pay for public notices). 6. Preparation of contract documents, except for engineering/construction specifications, bids and construction agreements. 7. Preparation of procurement documents for professional and construction contracts and a recommendation of successful proposals or bids. 8. Completion of close-out forms and required performance reports. 9. Preparation of guidelines, procedures, and forms for private investment activities including employment documentation. 10. Preparation of guidelines, procedures, and forms for relocation activities, and administration of relocation procedures pursuant to the “Uniform Act” if required by the project. 11. Administer procedures required by the “Uniform Act” in relation to the acquisition of property, with the exception of any task which requires an attorney.
4 PROFESSIONAL SERVICES AGREEMENT (CONTINUED) CONTRACT FOR PROFESSIONAL SERVICES ADDITIONAL TERMS AND CONDITIONS 1. Termination of Contract for Cause. If, through any cause, the Consultant shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this Contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant under this Contract shall, at the option of the City, become its property and the Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Consultant, and the City may withhold any payments to the Consultant for the purpose of set-off until such time as the exact amount of damages due the City from the Consultant is determined. 2. Termination for Convenience of the City. The City may terminate this Contract at any time by giving at least ten (10) days notice in writing to the Consultant. If the Contract is terminated by the City as provided herein, the Consultant will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fault of the Consultant, Paragraph 1 hereof relative to termination shall apply. 3. Changes. The City may, from time to time, request changes in the scope of the services of the Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant’s compensation, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written amendments to this Contract. 4. Personnel. a. The Consultant represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City. b. All of the services required hereunder will be performed by the Consultant or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services. c. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Contract.
5 5. Assignability. The Consultant shall not assign any interest on this Contract, and shall not transfer any interest in the same (whether by assignment or invitation), without the prior written consent of the City thereto. Provided, however, that the claims for money by the Consultant from the City under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City. 6. Reports and Information. The Consultant, at such times and in such forms as the City may require, shall furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 7. Records and Audits. The Consultant shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both Federal and non-Federal shares. These records will be made available for audit purposes to the City or any authorized representative, and will be retained for three years after the expiration of this Contract unless permission to destroy them is granted by the City. 8. Findings Confidential. All of the reports, information, date, etc. prepared or assembled by the Consultant under this Contract are confidential and the Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City. 9. Copyright. No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Consultant. 10. Compliance with Local Laws. The Consultant shall comply with all applicable laws, ordinances, and codes of the State and local governments, and the Consultant shall save the City harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Contract. 11. Equal Employment Opportunity. During the performance of this Contract, the Consultant agrees as follows: a. The Consultant will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, religion, or sex. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, religion, or sex. Such action shall include, but not be limited to, employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. b. The Consultant will, in all solicitation or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive
6 consideration for employment without regard to race, creed, color, national origin, religion, or sex. c. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. d. The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the City and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of the Consultant’s noncompliance with the non-discrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part, and the Consultant may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The Consultant will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204, Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City, the Consultant may request the United States Government to enter into such litigation to protect the interests of the United States. 12. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 13. Section 109(a) of the Housing and Community Development Act of 1974. No person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act
7 of 1975, or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply to any such program or activity. 14. “Section 3” Compliance in the Provision of Training, Employment, and Business Opportunities. a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work, in connection with the project, be awarded to business concerns which are located in, or owned in substantial part by, persons residing in the area of the project. 15. Section 503 of the Rehabilitation Act of 1973, as amended, provides for the nondiscrimination in contractor employment. All recipients of Federal funds must certify to the following through all contracts issued. Affirmative Action for Handicapped Workers a. The consultant will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The consultant agrees to take affirmative action to employ, advance in employment, and to otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices, such as employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. b. The consultant agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. c. In the event of the consultant’s noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. d. The consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the consultant’s obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of the applicants and employees. e. The consultant will notify each labor union or representative of workers, if applicable, with which it has a collective bargaining agreement or other contract understanding that the contractor is bound by terms of Section 503 of the Rehabilitation Act of 1973 and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. f. The consultant will include the provisions of this clause in every subcontract, if applicable, or purchase order of $2,500 or more unless exempted by rules,
8 regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The consultant will take such action with respect to any subcontractor or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. 16. Section 504 of the Rehabilitation Act of 1973, as amended, provides for nondiscrimination of an otherwise qualified individual solely on the basis of his handicap in benefiting from any program or activity receiving Federal financial assistance. All recipients must certify to compliance with all provisions of this Section. 17. Age Discrimination Act of 1975. No person in the United States, on the basis of age, shall be excluded from participation in, be denied benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance. 18. Interest of Members of a City. No member of the governing body of the City and no other officer, employee, or agent of the City, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract, and the Consultant shall take appropriate steps to assure compliance. 19. Interest of Other Local Public Officials. No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract, and the Consultant shall take appropriate steps to assure compliance. 20. Interest of Consultant and Employees. The Consultant covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Consultant further covenants that in the performance of this Contract, no person having any such interest shall be employed. 21. Americans with Disabilities Act. The Consultant shall comply with applicable provisions of the Americans with Disabilities Act of 1991. In particular, Consultant shall assist the Owner in compliance by including appropriate language in all public documents and reports notifying persons with disabilities of Consultant’s policy of providing accommodations (i.e. interpreter, large print reader, hearing assistance) to persons who need such assistance to participate in the project. 22. Prohibition against Substance Abuse. The Consultant shall provide the Owner with a copy of its drug-free workplace policy statement upon request. 23. Governing Law. This Agreement shall be interpreted under and governed by the laws of the State of Kansas. Whenever there is no applicable state statute or decisional precedent governing the interpretation of the Agreement, then federal common law shall govern. 24. Notices. Any action taken by Consultant under this Agreement may be taken by David A. Warm, Executive Director, or such other person as Consultant may designate for such purpose by written notice to the Owner. All compensation and written notices shall be
9 considered to be properly given if mailed, delivered in person or transmitted by facsimile machine to:
David A. Warm Executive Director Mid-America Regional Council 600 Broadway, Suite 300 Kansas City, Missouri 64105 Phone: 816-474-4240 Fax: 816-421-7758
Barack Matite City Manager 4 E Seventh Street Eudora, Kansas 66025 Phone: 785-542-2153 Fax: 785-542-1237
10 City of Eudora, Kansas
City Manager’s Office
Agenda Statement
To: Mayor and Commissioners From: Leslie Herring, Assistant City Manager Date: Monday, April 22, 2019 Re: Contract for Comprehensive Plan Update with dPlanit, LLC (Dave Knopick)
Background In 2017, staff recommended, and the City Commission included the comprehensive plan update as part of the 2019 CIP. The City’s Comprehensive Plan was created in 2003 and this 2019 update will be a new comprehensive plan document that will provide key findings and a community vision for the future with supporting goals and implementation strategies in a manner that meets the requirements of state statute.
Staff Comments
At the time of programming the cost of this work into the CIP, staff received estimates for the work from multiple firms, one of which was dPlanit, owned by Dave Knopick. Since 2017, staff has worked with Mr. Knopick on general planning matters and areas of special planning focus. Staff is pleased with Mr. Knopick’s approach to planning and his portfolio of comprehensive plan updates and similar work in other communities and recommends his firm to manage and perform this update for the City of Eudora.
Attached to this agenda statement is the proposed contract and the project approach and budget created by Mr. Knopick. Dave will also be in attendance at the City Commission meeting to answer any questions there may be about this project.
Budget Impact – The cost for this study was budgeted and included in the 2019 CIP.
City Manager Approval – Approve.
Recommended Commission Action Suggested Motion: I move the City Commission approve the Comprehensive Plan Update Contract with dPlanit, LLC and authorize the City Manager to execute the contract. THIS AGREEMENT made this _____ day of ______, 2019 by and between the City of Eudora, Kansas (“Client”) and dPlanit, LLC, a Kansas limited liability company (“Consultant”).
WITNESSETH
WHEREAS, the Client desires to engage the Consultant to render certain agreed upon professional planning services for updating the comprehensive plan and the Consultant is willing to provide such services, all upon the terms set forth below.
NOW THEREFORE, in consideration of these premises, the parties hereto agree as follows:
1. Scope of Services: The Consultant will undertake the services described in Exhibit A: Project Approach / Scope of Services. The services identified in Exhibit A will be conducted by members of dPlanit, with assistance from Vanessa Spartan a sole proprietor and IBTS staff as needed, and City of Eudora staff.
2. Time and Performance: The Consultant’s services shall commence upon execution of this Agreement by both parties. Once approved by the Client, the Consultant shall complete the tasks described in the Scope of Services within 9 months from the date of execution of this Agreement, which may be administratively extended if the project is delayed by circumstances beyond Consultant’s control.
The Consultant will exercise reasonable skill, care and diligence in the performance of its services, and will carry out its responsibilities in accordance with the customarily accepted planning practices in Consultant’s community. The Client shall be responsible for the timely delivery of data and support information requested by the Consultant in a manner that will allow the Consultant the ability to perform its services within the time frame noted above.
3. Compensation: The Consultant shall be compensated with a fee not-to-exceed $______, including reimbursable expenses as outlined in Exhibit B: Project Budget. The reimbursable expenses including travel, currier shipping, food and lodging during travel, production quality printing, or other similar expenses shall be billed to the Client at cost and as incurred by the Consultant. Consultant will bill fee and expenses on a monthly basis based upon percentage completion of the project phases identified in Exhibit A, up to the maximum fee stated above.
4. Payment: The Client shall pay the amount due within 30 days after receipt of Consultant’s invoice. If the invoice is not paid within 30 days, the Consultant may suspend services upon written notice to the Client. If a portion of the Consultant’s statement is disputed, the Client shall pay the undisputed portion by the due date. If the invoice is not paid within 60 days, interests on undisputed amounts due and unpaid shall accrue at the rate of 1.5% per month from date due until paid. The prevailing party, as ordered by a Court of Competent Jurisdiction in any contested action to recover payment due, shall be entitled to recover its attorney's fees. The Client shall advise the Consultant in writing of the basis for any disputed portions of the statement within 7 days of receipt of invoice. Undisputed portions of the invoice shall be timely paid by Client notwithstanding such disputed portions.
5. Time and Expense Records: The Consultant shall keep and maintain time and expense records relating to the scope of services described above, together with supporting receipts, vouchers, and appropriate documentation. As necessary, these records and other appropriate documentation may be required to support invoices submitted to the Client. The Client shall have the right to examine such records as it deems necessary upon reasonable notice to the Consultant.
Planning Services Agreement 1 of 9 City of Eudora - 04/19 6. Authorization of Changes: Any changes or additional tasks required for the performance of this Agreement and any compensation due for the provision of additional services shall only be authorized by the Client in writing, and the Consultant shall first request such changes in writing. The Consultant shall be compensated for any additional tasks so approved and authorized, based upon a fee determined by the Consultant and Client for such additional professional services.
7. Liability: To the extent permitted by law, the Client agrees to indemnify and hold harmless the Consultant, its staff and employees and affiliates from losses to the extent caused by Client’s negligent acts or failure to act in performance of this Agreement. The Consultant agrees to indemnify and hold harmless the Client, its employees, officials, agents and representatives, from losses to the extent caused by Consultant’s negligent acts of failure to act in performance of this Agreement.
8. Disputes/Termination: Each party may terminate this Agreement with ten (10) days’ written notice to the other party. In the event of such termination, provided the Consultant is not then in default under this Agreement, the Client shall pay the Consultant its compensation and expenses to and through the actual date of termination, upon documentation of those costs by written invoice to the Client.
9. Ownership of Documents: Upon receipt of final payment by Consultant, all original final documents, studies or graphic materials, drawings, plans and digital files prepared by the Consultant shall be deemed property of the Client except as to confidential matters or trade secrets of the Consultant (if identified as such in writing by the Consultant), but only after the final payment by the Client for the same. The Consultant shall be permitted to retain copies, including reproducible copies, of the Consultant’s drawings, specifications and other documents. The Client’s right of ownership in all such documents shall not prohibit the Consultant from future utilization of design or planning drawings or concepts in the ordinary course of Consultant’s business and the Client hereby grants the unrestricted permission to use all such data contained in the Consultant’s drawings, text and other documents.
The Client shall prohibit any contractor and its subcontractors or suppliers from utilizing the Consultant's drawings or other documents on other projects not authorized by the Client. In the case of any future reuse of the documents by the Client without Consultant's direct professional involvement, the Consultant's and Consultant's consultants' names shall be removed from all such documents and the Consultant shall not be liable to the Client in any manner whatsoever for their reuse. Due to the potential exposure to liability when reused, the Client agrees to indemnify and hold harmless the Consultant, Consultant's consultants, their agents, and employees, from and against any claims, damages, losses and expenses including, but not limited to, attorney's fees, arising out of or resulting from the Client's reuse of any such drawings or documents other than for use in this Project with Consultant’s direct involvement, including any claims brought by any third-parties, and including any claims relating to the Consultant's or its consultants’ negligent preparation of any such drawings or other documents. The Client's obligations under this paragraph shall survive any termination of this Agreement and shall be binding upon the Client's successors and assigns.
10. Confidentiality of Findings: Any reports, information, date or intellectual property whatsoever given or prepared as assembled by the Consultant under this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the Client.
11. Public Relations: Consultant shall have the right to retain and utilize copies of all work it produces on the Project for citation and dissemination in the Consultant’s resume, brochures and other generally recognized forms of professional public relations.
Planning Services Agreement 2 of 9 City of Eudora - 04/19 12. Extent of Agreement: This Agreement represents the entire and integrated agreement between the Client and Consultant and supersedes all prior negotiations, representations or agreement, either written or oral. This Agreement may be amended only by written instrument signed by both the Client and Consultant.
13. Severability: Should any of the provisions of this Agreement be determined to violate any state law or City ordinance, that shall not affect the validity of the other terms of this Agreement and there shall be added to this Agreement a legal, valid or enforceable term or provision as similar as possible to the stricken provision.
14. Applicable Law: Parties agree that Kansas law is controlling in interpreting this Agreement.
15. Insurance: Consultant shall maintain, at its own expense, the following insurance with insurance companies reasonably acceptable to Client:
(a) Commercial General Liability Insurance, occurrence form, (including completed operations and broad-form contractual liability specifically covering the Consultant’s indemnity obligations under this Agreement) in the amount of five hundred thousand Dollars ($500,000.00) combined single limit covering personal injury, bodily injury and property damage, which insurance shall name the Client as an additional insured. (b) Comprehensive Automobile Liability Insurance, including owned, hired and non- owned vehicles, if any, in the amount five hundred thousand Dollars ($500,000.00) covering personal injury, bodily injury and property damage, which insurance shall name the Client as an additional insured.
Upon execution of this Agreement, Consultant shall provide to Client Certificates of Insurance reflecting the required coverages. The certificates shall specify the date when such insurance expires. Each policy and each Certificates of Insurance shall provide that Client shall be given not less than thirty (30) days’ written notice before cancellation or non-renewal of coverage of such insurance. A renewal certificate shall be furnished to Client within 30 days of the expiration date of any coverage.
16. Assignment: Consultant shall not assign this Agreement or any part hereof, or the right to any payments to be received hereunder, without prior written consent of Client. However, Consultant may subcontract portions of the services to sub-consultants without violating this provision as follows: Vanessa Spartan (sole proprietor) and IBTS staff to support public engagement activities; and provide supplemental planning services to produce project deliverable content and graphics, as well as quality control. Additional services or subcontracts may only be authorized with prior written consent of Client.
17. Mediation: In the event that a dispute shall arise between the parties to this Agreement, then as a condition precedent to an arbitration or legal action by either party, the parties agree to participate in at least four hours of mediation, as needed, in an effort to resolve the dispute. The parties agree to split the mediator’s fees equally. The mediation shall be administered by a mutually agreeable service and shall be held in a mutually agreed upon location.
Planning Services Agreement 3 of 9 City of Eudora - 04/19 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first written above,
FOR: FOR: CITY OF EUDORA, KANSAS dPlanit, LLC
______David Knopick, AICP, Owner
Date: ______Date: ______
Planning Services Agreement 4 of 9 City of Eudora - 04/19 EXHIBIT A: Project Approach / Scope of Services
PHASE 1: PROJECT INITIATION (FOUNDATION / KICK-OFF) During this phase the consultant will work closely with the City of Eudora staff to establish key foundational elements of the project. Working together we will establish the project management, logistic and communication framework for the project, as well as the organizational structure for carrying-out the project
Additionally, a public engagement strategy will be developed to identify the specific methods and activities for public engagement that will be undertaken throughout the project. This strategy will be revisited throughout the project to ensure that engagement efforts are evaluated in a timely manner and adjustments made as necessary.
Key Tasks Development and delivery of project management and public engagement / relations strategy memo. (City Staff / Consultant). Review assessment of current plan vision / goals / implementation strategies (City Staff / Consultant). Establishment of the project advisory committee - this could be a mix of Planning Commission, City Commission and key members of the community (generally 10 to 15 people maximum). Project kick-off meeting / workshop (City Staff / Consultant / Planning Commission / City Commission).
Key Deliverables Project Management and Public Engagement Strategy (electronic file – memo format - City will be responsible for production and distribution of printed documents).
Deliverables for Phase 1 are due approximately 6 to 8 weeks (1½ to 2 months) from start of project.
PHASE 2: EXISTING CONDITIONS ANALYSIS (EUDORA TODAY) The purpose of Phase 2 is to update information related to demographic, land use and public facility / service / utility conditions and trends that could impact the future physical growth and development of Eudora. The information gathered will be prepared for use in public engagement activities and used during later stages of plan updating. This phase will run concurrently with Phase 1. Information updating will be focused on key conditions and trends based upon information that is readily available.
Key Tasks Verify and update existing conditions information. o Research and develop existing conditions information. o Prepare base maps and graphics displaying key existing conditions and trends information for use in public engagement activities and comprehensive plan document. o Develop a summary of key planning implications resulting from the analysis of existing conditions and trends information. Deliver updated existing conditions to City Staff / Project Advisory Committee for review.
Key Deliverables Existing Conditions / Trends draft update. (electronic file – memo format - City will be responsible for production and distribution of printed documents)
Planning Services Agreement 5 of 9 City of Eudora - 04/19 EXHIBIT A: Project Approach / Scope of Services
Deliverables for Phase 2 are due approximately 12 weeks (3 months) from start of project.
PHASE 3: VISIONING / PUBLIC ENGAGEMENT (EUDORA TOMORROW) With the foundational information in-hand the process of partnering with the community will begin. Activities and discussions shift toward verifying / developing a vision for the future of Eudora. During this phase the focus of efforts will be on public engagement that establishes factual and perceptual issues; community assets and strengths to build upon; and a guiding vision, key goals and objectives for the plan and community. Also, this will be a time of assessment and verification related to the existing vision / goals / strategies in the current comprehensive plan.
Specific activities associated with the development of the public engagement tools and services in support of updating and communicating the plan vision throughout the project will be identified in the Project Management and Public Engagement Strategy Memo and carried out concurrent with other phases / tasks outlined in this approach.
Key Tasks Implementation of the public engagement / relations strategy that will maximize public engagement in this multi-stakeholder planning process. It is anticipated that there will be at least several types of engagement employed during the project potentially including: o Up to 2 Community Open House Meeting(s). o Up to 4 Specific Topic Oriented Focus Groups (each with up to 2 Community Chat / Discussion Sessions). o Up to 8 Individual Stakeholder Interviews (informal and formal - Town Walk About; specific face-to-face discussions). o On-line project information; non-scientific community survey(s) (utilizing the City’s on-line / social media resources). Support work associated with the creation and development of public engagement materials and activities, as identified in the public engagement and relations strategy.
Key Deliverables The example list of deliverables below will be adjusted according to the contents of the public engagement / relations strategy. Execution of the engagement activities will require City Staff involvement with logistical support; content drafting; placement of materials on-line; production / distribution / display of materials, etc.:
o Project on-line / Facebook content / other public information documents. o Support materials for community events open to the general public. o Support materials for key stakeholder interviews or focus group meetings. o Support materials for status meetings with the Project Advisory Committee.
The consultant will be part of the public engagement efforts throughout the duration of the planning process, typically there are four stages of engagement:
Stage 1: Project Initiation – Staff; Planning Commission / City Commission joint meeting; Project Advisory Committee. (Project foundation setting) Stage 2: Existing Conditions / Vision – Community Open House; Individual and Group Chats; Town Walk About; On-line project information / inquiry; Project Advisory Committee. (Issues / Assets / Vision verification and update)
Planning Services Agreement 6 of 9 City of Eudora - 04/19 EXHIBIT A: Project Approach / Scope of Services
Stage 3: Draft Plan Development – Staff; Project Advisory Committee; Planning Commission / City Commission joint meeting; On-line project information / feedback; Community Open House. (Draft plan and implementation strategy update) Stage 4: Plan Adoption – Staff meeting; Planning Commission; City Commission. (Plan finalization, public hearing / adoption)
Deliverables for Phase 3 will be delivered throughout the project. Vision and Goals activity should be completed approximately 16 - 20 weeks (4 to 5 months) from project start.
PHASE 4: DRAFT PLAN DEVELOPMENT (EUDORA PLAN UPDATE) With a guiding vision in hand the consultant will work with the City to begin the development of the plan update addressing the necessary changes and adjustments to the existing plan. It should be noted that this plan will address key applicable elements and the integration of land use, transportation and infrastructure in a manner that can be used for outlining and developing future implementation strategies.
Key Tasks Develop draft plan update including maps and graphics that support the plan narrative. Deliver initial Draft Plan update (without implementation strategy section) for review, comment and verification by the City Staff and Project Advisory Committee.
Key Deliverables Draft Plan document – this document may not include the implementation strategy at this point in the project. (electronic file - City will be responsible for production and distribution of printed documents)
Deliverables for Phase 4 are due approximately 24 weeks (6 months) from start of project.
PHASE 5: IMPLEMENTATION STRATEGY & FINAL PLAN (ADOPTION / IMPLEMENTATION) Phase 5 is focused on delivering the plan implementation strategy, final plan documentation and adoption of the plan.
Key Tasks Complete the draft plan per review comments from Phase 4. Develop the plan Implementation Strategy. Produce draft plan document and support presentation materials. Conduct Planning Commission / City Commission joint workshop and Community Open House. Produce and deliver adoption draft plan for Planning Commission and City Commission consideration. Produce final plan documents per outcome of the adoption process.
Key Deliverables Support materials for the Community Open House. (electronic file - City will be responsible for production and distribution of printed documents) Adoption draft plan and implementation strategy. (electronic file - City will be responsible for production and distribution of printed documents)
Planning Services Agreement 7 of 9 City of Eudora - 04/19 EXHIBIT A: Project Approach / Scope of Services
Final plan and implementation strategy. (electronic file - City will be responsible for production and distribution of printed documents)
Deliverables for Phase 5 are due approximately 32 weeks (8 months) from start of project.
Planning Services Agreement 8 of 9 City of Eudora - 04/19 EXHIBIT B: Project Budget
Phase 1: Project Initiation $ 3,000 Phase 2: Existing Conditions $ 5,000 Phase 3: Visioning / Public Engagement $15,000 Phase 4: Draft Plan Development $10,000 Phase 5: Adoption / Implementation $ 5,500 TOTAL $38,500
Additional planning services beyond the services outlined in Exhibit A, requested / authorized by the City of Eudora in writing, will be billed at an hourly rate of $125 per hour.
Planning Services Agreement 9 of 9 City of Eudora - 04/19 City of Eudora, Kansas
City Office
Agenda Statement
Date: April 8, 2019 To: Mayor, Vice-Mayor and City Commissioners From: Eric Strimple, Billing Specialist Pam Schmeck, City Clerk Re: Ordinance 1086 - Electronic utility billing notices and penalty percentage
Background
At the last Commission meeting, staff presented proposed changes to the way the City would notify citizens about delinquent bills, disconnects and other utility related issues. Staff proposed to replace paper delinquent notices and physical door hangers with electronic notices. Staff also proposed the following fee schedule changes: the removal of the $25.00 fee currently charged for door hangers and raise the fee for being disconnected from $25.00 to $50.00. Staff also recommends increasing the penalty amount to 15% in an effect to encourage citizens to pay on time.
The cost to mail the penalty notices is currently $0.403 cents apiece, which works out to approximately $200.00 monthly. Door hangers do not have an exact fee associated with them but requires 3-5 public works employees to deliver and can take 2-3 hours to do so which causes staffing issues to a department that is perpetually understaffed.
Tyler Notify would allow the city to send notifications to citizens that have provided the city with a correct phone number informing them of issues with their utility accounts or important utility related notices, such as a boil order. In anticipation of the new system, the city began asking customers to update contact information in late 2017 through bill inserts and messages on bills. Staff repeated the efforts again in the fall of 2018. Staff will use the 2nd Quarter of 2019 to continue to solicit correct contact information and proposes to begin the changes the 3rd Quarter.
Tyler Notify has a low cost associated with it of $0.10 cents per text or call. The system, once prompted by staff, will send texts or attempt to call the citizen with the message. If the message or call is undeliverable, the system will wait 30 minutes and try a second time. After the system sends or attempts to send the notices a second time, staff will receive a report showing how the message was sent, if it was not received and why, or if the citizen hung up on the system. Using the quantities above with Tyler Notify there would be an approximate cost of $50.00 monthly for penalty notices and approximately $6.00-$9.00 for door hangers. All text messages would have a link attached allowing citizens to easily access the website to make a payment.
Recommended Commission Action Suggested Motion: I move the City Commission approve Ordinance 1086 amending Chapter XV Article 2 Section 15-219 and Chapter XV Article 10 Sections 15-1001, 15-1002 and 15-1004 of the Code of the City of Eudora regarding utility billing notices, penalties and penalty percentage. ORDINANCE 1086
AN ORDINANCE OF THE CITY OF EUDORA, KANSAS, AMENDING SECTION 15-219, ARTICLE 2 OF CHAPTER XV AND SECTIONS 15-1001, 15-1002 AND 15-1004, ARTICLE 10 CHAPTER XV OF THE CODE OF THE CITY OF EUDORA REGARDING DELINQUENCIES IN PAYMENT AND TERMINATION OF UTILITY SERVICES AND ADOPTING SUBSTITUTE PROVISIONS IN PLACE THEREOF.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EUDORA, KANSAS:
ARTICLE 2. MUNICIPAL LIGHT AND POWER SYSTEM
SECTION I. Section 15-219 Article 2 Chapter XV of the City Code, as amended, including but not limited to by Ordinance 1044 and Code 2016 is hereby amended to read as follows:
15-219 PENALTIES. All accounts for electrical service shall be payable by the 10th day of each calendar month and a percentage penalty, to be set by resolution of the governing body from time to time, shall be added to the delinquent bill and shall also be due and payable. If any bill for electric services shall remain unpaid after the 20th day of each month, a reconnection for delinquent utility services fee (refer to Master Fee Schedule) will be charged and service can be disconnected. If disconnected, service will not be reconnected until payment of the entire bill, including penalties, fees, and charges have been received.
SECTION II. Sections 15-1001, 15-1002 and 15-1004 Article 10 of Chapter XV of the City Code, as amended, including but not limited to by Ordinance 954 Sec. 4, Ordinance 1071, Code 2016 is hereby amended to read as follows:
ARTICLE 10. NON-PAYMENT AND TERMINATION OF SERVICE
15-1001 UTILITY BILLING.
(a) All bills and accounts for water, sanitary sewer, and electrical utility services shall be due and payable by no later than the date shown on the bill or invoice (or, in the event no date is shown, by the 10th day of each calendar month). If full payment is not received by the due date, then such bill or invoice shall be delinquent. In which event, an electronic notice may be sent to the account holder with a percentage penalty, to be set by resolution of the governing body from time to time and shall be added to the delinquent bill and shall also be due and payable. If full payment, excluding the late payment fee, is not received within 10 days after the due date (or, the 20th day of each calendar month, if no due date is shown), then the City may disconnect or discontinue the applicable utility service in accordance with this Article. The City shall provide a summary of the delinquency and termination procedures on the monthly bill or subsequent communications.
(b) Any utility customer who is aged 65 years or older and dependent on Social Security may request that fees for late payment be waived. Such a customer must submit to the City Clerk's office a letter from the Social Security Administration stating the date on which the customer's monthly payment is sent or scheduled to be received. If that date falls after the due date provided above, then the City may grant a waiver of such late payment fees; provided, that if full payment is not received within 10 days after the due date (or, the 20th day of each calendar month, if no due date is shown), then the City may still disconnect or discontinue the applicable utility service in accordance with this Article.
15-1002 UTILITY DISCONNECTION PROCEDURES.
(a) If full payment, excluding the late fee, has not been received as provided in Section 15-1001 above within 10 days after the due date (or, the 20th day of each calendar month, if no due date is shown), then the City may send an electronic notice to the account holder for which service payment is delinquent advising that the applicable utility service may be disconnected or discontinued as set forth below.
(b) The electronic disconnection notice shall indicate:
(i) the amount due, including late fees;
(ii) that on the 12th day after the original due date (or, the 22nd day of each calendar month, if no due date is shown), the applicable utility service may be disconnected if full payment, including any late fees and administrative fees, is not received by such disconnection date;
(iii) that the customer may request a due process hearing with a member of City staff authorized to administer and correct utility billing matters by filing a written notice with the City Clerk's office, during the City office's regular business hours, by no later than 8:00 am on the termination date indicated in the notice.
(c) If no hearing is timely requested, then the City may immediately disconnect the applicable utility service. If a timely request for a hearing is received, then the City shall schedule the hearing within three (3) business days thereafter. The applicable utility service shall not be disconnected prior to the date of the hearing. At the hearing, the customer shall have a reasonably opportunity to be heard by the City, the customer and the City may present such evidence as is pertinent to the issue, and they may be represented by counsel, but formal rules of evidence shall not be followed.
(d) If the City disconnects the applicable utility service, then service shall not be reconnected unless and until the customer pays the full amount of any outstanding bills, including late fees, and an additional reconnection fee, to be set by resolution of the governing body from time to time, shall be added to the disconnected bill and shall also be due and payable.
15-1003 COLD WEATHER POLICY. Notwithstanding the foregoing, it is the policy of the City that disconnection for non-payment of utility bills will be postponed until the outside temperature is above 32 degrees Fahrenheit for one continuous 48-hour period. 15-1004 MEDICAL EXTENSION POLICY. Notwithstanding the foregoing, utility customers with proven life supporting medical needs or equipment may receive allowed two (2) medical extensions from disconnection per year, in accordance with the following requirements:
(a) In each request for a medical extension, the customer must have requested a disconnection hearing in accordance with Section 15-1002 above and specified therein that a request for a medical extension is being made.
(b) Within 10 days after the hearing request, the customer must submit a letter to the City signed by a licensed physician in the State of Kansas, and dated within such 10-day period, stating that the customer has been prescribed the use of life preserving medical equipment and that the disruption of the applicable utility service will be life threatening. Notwithstanding the date of the hearing, the applicable utility service shall not be disconnected prior to the date on which such letter must be received. If the letter is not received within such 10 days, then the City may disconnect the applicable utility service.
(c) If a valid letter is timely received, then the City shall grant an extension for a period not to exceed 30 days after the date the applicable utility could otherwise have been disconnected. If full payment of the applicable utility bill, including late fees and administrative fees, is not received by the extension date, then the City may disconnect or discontinue the applicable utility service without further notice.
(d) If the City disconnects the applicable utility service, then service shall not be reconnected unless and until the customer pays the full amount of any outstanding bills, including late fees and an additional reconnection fee, to be set by resolution of the governing body from time to time, shall be added to the disconnected bill and shall also be due and payable .
SECTION V. This ordinance shall be in full force and effect from July 1, 2019 and after its adoption and publication as provided by law.
PASSED AND APPROVED this 8th day of April, 2019, by a majority of all the members of the Governing Body of the City of Eudora, Kansas.
APPROVED by the Mayor this 8th day of April, 2019.
Tim Reazin, Mayor
ATTEST:
Pamela Schmeck, City Clerk City Of Eudora, Kansas
City Manager’s Office
Agenda Statement
To: Mayor and City Commission From: Leslie Herring, Assistant City Manager Branden Boyd, Public Works Director Date: April 22, 2019 Re: Stormwater Utility Fee Restructure
Background
During a November 26, 2018 City Commission work session, staff presented a recommendation to restructure the City’s Stormwater Utility Fee by calculating the fee for non-single-family residential (NSFR) properties based on the amount of impervious surface on those properties proportional to the average impervious area of single-family residential (SFR) properties. This system is commonly referred to as an equivalent dwelling unit (EDU) or equivalent residential unit (ERU) fee calculation. At that work session, the City Commission provided direction to staff to pursue the fee restructure for formal adoption by the City Commission with a three-year phase-in for certain non-single-family residential properties seeing more dramatic fee increases based on the change.
The materials from that work session are included in your meeting packet for your convenience.
Staff Comments
Since the November work session referenced above, staff has worked to fill-in gaps within the County land records with aerial photography and/or field verification methods to ensure the EDU/baseline and NSFR properties’ impervious area is properly established. That additional work resulted in an increase in the EDU from the 1,360 SF cited previously to 2,800 SF. This change is caused by adding the main house/structure to the additional impervious area on SFR properties (i.e. driveways, sheds, patios, walkways, swimming pools, etc.), which records are not currently kept by the County appraiser’s office.
Following the update to the proposed EDU, the following is a summary of the anticipated impacts to the community:
a single-family residential (SFR) property would see no impact to its SUF.
a non-single-family residential (NSFR) property would either: o see no impact at all (some of the downtown and 20th Street businesses are less than 2,800 SF and so would be charged $3.25 each); or could o be assessed a fee proportional to the impervious surface on the property.
Page 1 Suggested Approach
Because the SUF increase will not be insignificant for the owners of some of NSFR properties, staff proposes a phased approach for collecting the SUF on NSFR properties over 1 EDU whose owners request such phasing. For example, a property with 30,000 SF of impervious surface would see an increase from $3.25 to $34.82/month in the SUF.
To ease the burden and to allow non-residential properties to budget for the SUF increase, staff recommends deferring the change until after the mid-year fee schedule update, planned for early-mid July. The implementation could occur on the August utility bill and could additionally be phased over the course of three years (per the preference of the City Commission at the November work session).
Staff will use this time prior to implementation to communicate the change to the public and has created a FAQ document to aid in that effort. This FAQ draft document is included in your packet for your review and feedback.
Budget Impact – Although the final calculations of impervious surface on NSFR properties is not yet finalized by staff, the budget impact of this rate restructure will positively impact the City’s stormwater utility fund, allowing for an increase in stormwater related improvements needed throughout the community.
City Manager Approval – Approve.
Recommended Commission Action: Suggested motion: I move the City Commission approve the reconstruction of the storm water utility fee to be calculated based on equivalent dwelling units to take effect at the time of the fee schedule update.
Page 2 City Of Eudora, Kansas
City Manager’s Office
Memorandum
To: Mayor and City Commission From: Leslie Herring, Assistant City Manager Branden Boyd, Public Works Director Renee Davis, Budget Analyst Date: October 22, 2018 Re: Storm Water Utility Fee Restructure
Background
Storm water utility fees (“SUF”) are a common way for cities to fund infrastructure and improvements to manage rainwater runoff and its impacts on the built environment. Beginning in 2007, the City of Eudora has assessed a fee on all water meters to help fund the City’s storm water utility infrastructure and improvements. From its inception in 2007, this fee was assessed at a fixed price of $2.00/meter. In late 2007, Ordinance 885 implemented an annual 3% rate increase for all City utilities; then in 2011, the ordinance was repealed leaving the storm fee set at $2.25/meter until 2018 when it was increased to $3.25/meter.
Since the storm water utility is different from other utilities in that usage cannot be as cleanly quantified as say electric, water, and gas (which are charged based on how much is actually used at a particular property), cities have developed approaches to quantifying how much impact is made by a particular property/user to the ditches, curbs, inlets, detention ponds, etc. that comprise a city’s storm water infrastructure. Though there is no universal way to assess a SUF, of the communities around Eudora that do, it is universal to assess the fee differently based on whether the property is of a residential or non- residential use. Currently – and since its inception – the fee in Eudora has been assessed at the same flat rate regardless of property use type.
As runoff volumes are directly related to impervious (impenetrable) surface (e.g. pavement and rooftops) which don’t allow for rainwater to soak into the ground and water table and therefore flow naturally, properties with higher levels of impervious surfacing create more of a burden on the storm water system than properties with lower levels (i.e. the difference between roof and pavement area of a large retail or office parking lot versus a single-family home, and the amount of runoff generated from those properties).
Staff Comments
Staff research suggests there are a few different ways cities are calculating SUFs to better reflect the actual usage of/impact on the storm water [utility] system. Of the cities around Eudora that assess a SUF, the amount is either assessed as a (a) flat fee per property or dwelling unit, (b) flat fee based on non-residential lot or improved area size, or (c) formula established to create a baseline average residential lot size (EDU or ERU – Equivalent Dwelling Unit or Equivalent Residential Unit) to determine a proportional rate for non-residential properties of varying sizes. Increasingly, cities are determining
Page 1 impact based on the relative amount of impervious surface on any given property.
City SUF How Calculated How Much Annual (in order of (adjusted to reflect monthly fee) Residential pop.) Residential Non-Residential Residential Non-Residential Charge Olathe Yes Flat Fee Lot Size $5.89 $5.89 - $294.43 $70.68 Lawrence Yes Equivalent Residential Unit (2,366 S.F.) $4.24 $4.24/ERU $50.88 Lenexa Yes Equivalent Dwelling Unit (2,750 S.F.) $9.08 $9.08/EDU $109 Leavenworth Yes Flat Fee Lot/building/improvement $7 $13.50 – $260.42 $84 size Gardner No Bonner Yes Flat fee Flat fee $3 $5.50 $36 Springs Eudora Yes Flat fee Flat fee $3.25 $3.25 $39 De Soto No Tonganoxie Yes Flat fee Flat fee $1.50 $3 $18 Baldwin City No Edwardsville No
Above is a representation of the data collected from select neighboring communities.
In Eudora, residential properties are carrying a significantly disproportionate amount of the cost to maintain the community’s storm water infrastructure. Of all communities in the comparison, ours is the only one whose rate structure does not recognize the real difference in impact to the storm water system of a commercial or industrial sized and built property.
Administrative Approach and Implementation
In order to address this inequity, staff proposes restructuring the rate assessed to non-residential properties by creating a Eudora-tailored approach based on the EDU/ERU model. Staff proposes creating an EDU based on an average of the impervious surface on single-family residential properties within town (currently 1,360 SF) and setting that at the currently-established rate of $3.25. For non-residential properties, that $3.25/EDU would then be used to calculate the amount assessed on non-residential properties of varying sizes.
For existing improved properties, this custom figure can be calculated based on current records held by the county appraiser’s office and can be updated each year based on reconciling our local building permit records and county appraiser information. For future non-residential developments, this custom figure can be easily determined through the building permit process.
For example, if an EDU in Eudora = 1,360 S.F. then:
a single-family property would see no impact to its SUF; a multi-family property would continue to be assessed one $3.25 SUF/dwelling unit and would see no impact; and a non-residential property would either:
Page 2 o see no impact at all (some of the downtown and 20th Street businesses are less than 1,360 SF and so would be charged $3.25 each); or could o be assessed a fee anywhere between $3.25 and $194/month ($2,328 annually).
Because the SUF increase will not be insignificant the owners of some of the larger areas of impervious surface in town, staff proposes a phased approach for collecting the SUF on non-residential properties over 1 EDU. For example, a 10,000 S. F. building would see an increase from $3.25 to $16.25/month in the SUF.
To ease the burden and allow non-residential properties to plan for the SUF increase, the implementation could be phased, as reflected in the following example schedule:
2018 (current rate): $3.25 2019: $6.50 2020: $9.75 2021: $13.00 2022: $16.25
Staff has calculated the SUF amount for various non-residential properties in town based on a 1,360 S.F. EDU and can share information pertaining to Commission questions at the work session.
Page 3 Stormwater Utility Fee (SUF) Restructure FAQ
Beginning August 1, 2019, The City of Eudora will change how the existing Stormwater Utility Fee is calculated for properties within the city limits of Eudora, KS. Read our Frequently Asked Questions below to learn more about the Stormwater Utility Fee, the calculation adjustment, and why it is necessary for us to make this change.
What is Stormwater? Stormwater is any precipitation that falls from the sky, in the form of rain, sleet or snow.
What is an impervious surface? An impervious surface is a surface that has been compacted or covered with a layer of material preventing water from soaking into the ground. Impervious surfaces increase stormwater runoff and contribute pollutants. Examples of impervious areas include: sidewalks, rooftops, compacted soils, gravel surfaces, roadways, parking lots, buildings, and other man-made structures.
Why are we charged for stormwater (rain)? Every developed property in the City contributes to stormwater runoff, and therefore every property should support the improvements, operation, and maintenance of stormwater drainage systems in an equitable manner.
Will all properties see a different fee amount? Currently, the SUF is assessed to all City utility bills at a flat fee of $3.25. The City will begin charging all non-single-family residential properties at a proportional rate based on the average impervious surface of single-family residential properties within the City.
What is considered a single-family residence (SFR)? Any individually metered dwelling units, which includes single-family homes and detached townhomes.
Who is considered non-single-family residential (NSFR)? All commercial, industrial, institutional, and residential properties (where multiple dwelling units are served by a single water meter).
What is the Non-Single-Family rate? The rate is based off the equivalent dwelling unit (EDU) of $3.25 per 2,800 square feet charged to the single-family residential classification. The Stormwater Utility Fee for non-single-family residential is calculated by dividing the total amount of impervious surface on the property by 2,800 (the EDU) and then multiplying the product by $3.25.
For example, a commercial property which has 30,000 sf of impervious area would pay $34.72 per month. (30,000 sf Impervious Area = 30,000 sf/2800 sf EDU x $3.25 = $34.82/month)
How is the amount of impervious area calculated on all of the properties within the City? The impervious area of non‐single family residential (NSFR) parcels was derived/calculated using County records and an aerial photography and/or field verification method. County records and aerial photography were also used to establish that the average amount of impervious area of residential (SFR) parcels in the City. The average amount of impervious area or equivalent residential unit (ERU) for a residential property has been established to be 2,800 square feet. How are multi‐family developments billed? These customers are billed as NSFR customers. In all cases, the entire monthly user fee charge is billed to the property owner/landlord. Please contact the City Utility Billing Office for specific monthly billing details regarding these customer types.
How is a stormwater utility fee different from a tax? The Stormwater Utility Fee is not a tax. All properties, including tax-exempt properties must pay the fee based on their amount of impervious area. The amount of revenue collected must be related to the cost of services it funds, in this case, funds must be used for stormwater management. Revenue from property taxes, for example, is tied to the assessed value of the property and funds general government services.
Why are tax-exempt properties not exempt from the stormwater fee? Tax exempt properties impact stormwater utility systems just like commercial and industrial sites. Impervious surfaces on the parcels of tax-exempt properties place a demand on the stormwater system just the same as taxable properties. Stormwater runoff generated by any property must be controlled and conveyed once it leaves the property so that it does not create problems for the community.
How is revenue from stormwater fees be used? Revenue from stormwater fees are used solely for stormwater management in the City of Eudora. This includes: replacing aging infrastructure, maintaining existing systems, and complying with state and federal regulation.
Why do I have to pay when I do not have any drainage problems? All properties in the City contribute stormwater to the system, so all properties should contribute to the cost of maintaining the system. Although you may not have issues directly on your property, the runoff from your property may cause issues downstream. A portion of the utility’s revenue will be used to maintain and make water quality improvements throughout the entire existing system.
I have detention ponds on my property that I pay to maintain. Do I still have to pay the stormwater fee? Stormwater detention ponds do provide some benefits to the City by reducing the amount of stormwater runoff that enters the City's drainage system. However, as beneficial as these devices may be, the effectiveness is not absolute and stormwater still exits a property depending on a number of factors, such as the intensity and duration of rainfall. As such, detention ponds do not completely eliminate the impacts from stormwater runoff or the need for stormwater services from the City, which is still required to provide services to manage stormwater runoff from larger storms than detention ponds are designed to control, comply with new federal stormwater regulations, and proactively plan and manage the operation and improvement of the City's drainage system.
When will the fee adjustment start? Bills issued after July 15, 2019 will include the adjusted fee.
How do I report a stormwater problem (drainage, flooding, pollution, etc.) or to ask questions about the Stormwater Utility? Please call 785-542-2153 so that the City can further investigate the problem or respond to your question about stormwater management or improvements.
Still have questions? City staff will be available to assist you. Please call us at 785-542-2153. City Of Eudora, Kansas
City Manager’s Office
Memorandum
To: Mayor and City Commission From: Leslie Herring, Assistant City Manager Dave Knopick, On-call Planner Wes Lovett, Police Chief Nathan Stoermer, Assistant Fire Chief Pam Schmeck, City Clerk Curt Baumann, Codes Administrator/Building Official Gordon Snyder, Codes Enforcement Officer Date: April 8, 2019 Re: Consideration of Changes and Additions to the City Code Regulating Businesses
General Background
Following the March 2018 City Commission work session where consideration was given to instituting certain business regulations, staff took the matter back to the administrative level to hone recommendations and respond to Commission and community feedback. Since that meeting, planning consultant Dave Knopick has joined with the City’s internal work group focused on this topic. The team has prepared recommendations and background information to aid in a discussion amongst the City Commission about modifying and adding certain regulations around different types of business.
The following principles have guided the work of this group:
1. Not all businesses will be regulated by the City. 2. The administrative processes associated with applying for, reviewing, and approving business licenses or registering a business shall not be overly-burdensome for the applicant or city staff. 3. The cost of such business licenses / registration shall not be prohibitive to small business entities, when a fee is required.
The following content of this memorandum addresses each and every type of business staff has formulated recommendations to address.
Drafts of the proposed city code article updates are included in your packet. These drafts are currently under review by the City Attorney and are provided for the purpose of providing greater detail than this memo can provide as to what specific proposals staff is making. These drafts are intended to be used as aides to the work session conversation and are subject to change based on review by the City Attorney and guidance from the City Commission.
Further, there are certain businesses proposed (i.e. modification of the list of approved home-based businesses and those businesses selling used vehicles) to be addressed through the City zoning regulations, which requires review and recommendation of the Planning Commission prior to City Commission review.
Page 1 Retail & Restaurant Sales
Background
Staff is aware of around 65 businesses operating within the city limits that, either on a regular basis or from time to time, are subject to sales tax collection. Our records indicate that most, but not all, of these businesses consistently remit sales tax. The accurate and comprehensive budgeting and collection of sales tax is crucial to any local government and, in Eudora in 2018, made up about 6% of total revenues, bringing in over $1M.
Currently, Kansas imposes a 6.5% state retailers’ sales tax, plus applicable local taxes on the:
Retail sale, rental or lease of tangible personal property; Labor services to install, apply, repair, service, alter, or maintain tangible personal property; and Admissions to entertainment, amusement, or recreation places in Kansas.
Cities and counties in Kansas may also levy a local sales tax (Douglas County currently levies a 1% and the City of Eudora a 1.75% sales tax). Each retailer reports and remits to the Department of Revenue the total of the state and local retailers’ sales tax collected and then the State disburses the local portions of sales tax to the applicable taxing jurisdictions based on local levies.
Although staff receives regular reports and remittances of sales tax from the State, there is currently no mechanism or process in place for verifying accurate and comprehensive sales tax receipts. As such, staff proposes instituting a registry as an attempt to identify businesses responsible for paying sales tax. This registry would be shared with the Kansas Department of Revenue to ensure proper sales tax collection.
Proposal
Staff proposes establishing a retailer registry to collect information from businesses to:
Ensure sales tax collection and remittance compliance; and to Establish a database of contact information for purposes of: o Timely communication by public safety officials; o City purchasing options; o Consultation on policy issues the Commission may be considering that may impact certain industry; and o As an economic development tool (i.e., pertinent information can be shared with the chamber et al.).
This would apply to any business within the city limits that is subject to sales tax collection based on the State’s criteria enumerated above. Those subject to this registry would include:
Businesses involved in the sale, rental, or leasing of things; Restaurants;
Page 2 Service businesses/providers that sell things from time to time; Labor services; and Home-based businesses doing any of these types of commerce.
Details of the retailers’ registry may include:
Kansas State Tax Account Number and valid Kansas Retailers Sales Tax Registration Certificate required with application. Certificate of registry to be obtained as a precondition of obtaining a certificate of occupancy. One-time registration (although the business is responsible for updating information as needed to ensure accuracy). Official certificate of registration must be posted prominently. No fee to register. Non-compliance would be considered a violation of the municipal code and subject to prosecution and the assessment of a penalty.
Cereal Malt Beverages (CMB)
Background
The City of Eudora currently licenses those businesses selling cereal malt beverages under its authority given by the State of Kansas. Up until April 2019, businesses with a CMB city-issued license could sell beer containing not more than 3.2% alcohol by volume (ABV). Under recently adopted (2018) state legislation, CMBs are now defined as “enhanced cereal malt beverages” and include beer containing not more than 6% ABV.
This change in definition will allow retailers and restaurants that don’t hold a state-issued liquor license to sell so-called “strong beer” as early as April 1, 2019. Currently in Eudora, this is four businesses. This updated legislation will only impact those retailers and restaurants that hold a CMB license and will not impact in any way the regulation of businesses holding a liquor license.
In concert with the change in state legislation, cities are encouraged to update their local ordinance(s) to reflect the new definition of CMB, as set by the State.
Proposal
As part of the CMB ordinance update, staff recommends including the following three additional requirements as part of the permit application process:
Provide a copy of the State of Kansas Certificate of Good Standing; Provide a receipt of a Certificate of Registration on the City’s Retailers Registry (if such program is adopted by the City Commission); and
Page 3 Provide a statement, signed by the applicant, authorizing any governmental agency to provide the City with any information pertinent to the application for the purpose of conducting a background check (such provision recommended by the League of Kansas Municipalities).
CMB licenses are issued to businesses including:
Restaurants; Grocers; and Convenience stores.
Details of the update include:
The City Code should be updated to reflect the expanded definition of CMB regardless of whether the City Commission decides to accept staff’s recommendation to require additional items at the time of application. Those businesses currently holding a CMB license from the City do not need to take any action to begin selling strong beer. At the time of CMB license renewal, businesses would be required to provide the additional documentation requested by the City, if the City Commission elects to adopt staff’s recommendation. No change to the fee or license process or issuance proposed by staff.
Alcohol Sales
Background
Alcohol sales are heavily regulated at the state level, with the City’s jurisdiction primarily being that of zoning and building code enforcement and providing public safety services. Although the State determines licensing requirements, restrictions on location, proper business conduct, and regulations (and monitors and enforces those laws), the State does allow municipalities to require a city-issued license of these businesses and to collect a biannual occupational license tax.
As the nature of alcohol sales and consumption, both individually and collectively, tax city services at a higher rate than do other types of business, generally; the implementation of a biannual occupational license tax is a way for cities to recover a portion of the cost to provide those services. Currently, the City Clerk reviews, coordinates with other city staff, and approves or denies approval on state licensing paperwork as a required component of the State’s licensing process. This is done at the time of business opening as well as with any expansion/change in where alcoholic beverages are sold or consumed. Additionally, the City’s police and fire departments provide a disproportionate level and frequency of service to businesses selling alcoholic beverages (as a whole) compared with businesses not selling alcohol.
Proposal
Staff proposes establishing a licensing procedure to allow the City to:
Page 4 Collect important, up-to-date, relevant information from businesses for timely communication by public safety and administrative officials; Ensure safety and contributions of businesses by creating a loop of communication between: o the City and the State Division of Alcohol Beverage Control; and o the City and the State Division of Taxation; and Collect a biannual occupational license tax to allow the City to: o recoup a portion of the cost of providing: . administrative services; and . public safety services.
A license would be required of any business selling alcoholic beverages and would include:
Drinking establishments (currently, there are four); and Retail liquor stores (currently, there are two).
Details may include:
Valid Kansas Retailers Sales Tax Registration Certificate or receipt of a Certificate of Registration on the City’s Retailers Registry (if such program is adopted by the City Commission) required at application. Biannual license issuance (to extend for the period covered by the state license); Official license must be posted prominently. Fee amount set by the City Commission (state statute states that the fee amount shall be between $200 and $500). Non-compliance would be considered a violation of the municipal code and subject to prosecution and the assessment of a penalty.
In addition to the updates to these articles of the City Code, the City Attorney has made recommendations to revise the general provisions article of the chapter regulating beverages. This chapter is included in your packet for review and mainly updates definitions used within the Chapter.
Mobile Food Vendors
Background
Mobile food vendors, including food trucks, have been operating in Eudora and neighboring communities for the last few years. Although they are generally operating under a city-issued Special Event Permit and as part of a sanctioned, organized event; there are times when Eudora businesses desire to coordinate a mobile food vendor to operate nearby their business; when local businesses are, themselves, mobile food vendors; or when mobile food vendors elect to operate independently within Eudora.
Page 5 Mobile food vendors are regulated, in part, at the state level. Specifically, the State regulates the food safety and sales tax collection portions of those businesses; whereas cities typically regulate the zoning, public safety, and fire safety aspects of the businesses.
Currently, Eudora does not regulate mobile food vendors, but does enforce existing parking regulations and provides public and life safety services, if needed during the course of operation within the city limits. In order to ensure order and safety within city limits and to provide guidelines for operation to mobile food vendor business owners, staff recommends establishing a license for mobile food vendors.
Proposal
A license would be required of anyone selling:
Food; or Beverage from a mobile food unit within the city limits.
Mobile Food Unit is proposed to be defined as any self-contained vehicle, trailer, cart, wagon, or other type of conveyance from which any food and/or beverage is offered for sale.
Details of the proposal include:
Application with additional documentation required and acknowledgment of city regulations; Annual license issued administratively; Fee amount set by the City Commission; and Non-compliance would be considered a violation of the municipal code and subject to prosecution and the assessment of a penalty.
Recommended regulations include:
License displayed in window. No sales after midnight and before 6 AM. Law enforcement officers have the right to request relocation. On-site fire safety inspections may occur to verify compliance with set requirements (requirements provided at time of application). When parked and operating: o must not impede pedestrian or vehicular traffic; o must have written permission from owners of businesses within 150’, if open for business; o in a residential zone, written permission by City Manager or designee required; o on private property, written permission of person in charge of property required; and o on City-owned property other than ROW, written permission by City Manager or designee required.
Page 6 Massage Services
Background
Massage therapy is an industry that is well-known and reputed for providing health benefits and therapy to patrons for reasons that range from relaxation to addressing chronic medical issues. However, there is a lack of government regulation of these services at the state and federal level and cities around the country are left to locally address the reality of services for payment offered under the auspices of massage therapy that do not conform to traditional definitions of massage therapy, but that do skirt or cross the line of state-regulated “morality” laws.
Currently, massage therapy businesses are treated no differently in Eudora than any other type of service industry; the extent of City involvement is that the business must conform to applicable building and fire code and zoning regulations. As such, staff proposes establishing a license program for both massage businesses and massage therapists operating within the city limits.
Proposal
A license would be required of:
Any business; or Individual receiving compensation for performing massage therapy within city limits.
Details of the proposal include:
Application with additional documentation required and acknowledgment of city regulations. Annual license issued administratively. Fee amount set by the City Commission. Non-compliance would be considered a violation of the municipal code and subject to prosecution and the assessment of a penalty. Exceptions for care facilities, medical, and salon services.
Recommended regulations include:
License displayed in window/or kept on person. Therapist and patron register required. No massage after 9 PM and before 6 AM. The City may conduct unscheduled inspections. May operate w/ conditions in: o commercial zones; o offices/off-premises; and o homes (if recommended by the Planning Commission to be an allowable home-based business type).
Page 7 Next Steps
Staff encourages the City Commission to review these recommendations prior to the work session established for the discussion and consideration of this material. The members of the internal work group will be available to answer questions from the City Commission as well as to provide additional background, intent, or details of the proposed processes, regulations, or implementation of these business regulations.
Staff will look for guidance and feedback from the City Commission as to what regulations (or aspects of the regulations) are of interest or concern to the Commission. After receiving that guidance, staff can bring to the City Commission the revised ordinances for consideration.
Page 8 Proposed Changes to Business Regulations
Eudora City Commission Work Session April 8, 2019 Proposed Changes for Consideration
Retailers and restaurants
Businesses selling alcoholic beverages
Mobile food vendors
Massage businesses and therapists
Home-based businesses (Subject to initial review by Planning Commission)
Used vehicle sales or rental (Subject to initial review by Planning Commission) Retailers (Restaurants, Sales of Goods)
Existing Proposed
At business location opening, City staff: Maintain existing processes to ensure compliance with City Code at business issues CMB license, if requested by business opening and if approved
assesses zoning & codes compliance No collection of business or owner-related Establish a retailers registry to collect information for purposes other than listed information from businesses to: above Ensure sales tax collection and remittance compliance establish a database of contact information for purposes of:
timely communication by public safety officials
City purchasing options
Consultation on policy issues the Commission may be considering that may impact certain industry
As an economic development tool i.e., pertinent information can be shared with the chamber et al. No associated fee Cereal Malt Beverage Sales
Existing Proposed
CMB retailers regulated by the CMB licenses required for all businesses State currently selling alcohol at retail or by the drink in Eudora City staff reviews and Commission Maintain current license requirements and approves annual licenses fee amount w/ exception of the following changes: A license fee is assessed Require State Certificate of Good Standing
Require registration on proposed City Retailers Registry
State Change Effective 4/1/19 Expands definition of CMB to include beer and cereal malt beverages containing not more than 6% alcohol by volume (ABV) Retail Liquor Sales & Drinking Establishments
Existing Proposed At business location opening, City staff: Establish a licensing procedure to allow the City to: verifies state license obtained collect important, up-to-date, relevant info assesses zoning & codes compliance from businesses for timely communication by public safety and administrative officials
ensure safety and contributions of businesses by creating a loop of communication between:
the City and the State Division of Alcohol Beverage Control
the City and the State Division of Taxation Collect a license tax to allow the City to: No tax is assessed Recoup a portion of the cost of providing:
administrative services and
public safety services Mobile Food Vendors Recommendation: Require a City-issued license of anyone selling food or beverage from a mobile unit within city limits.
Recommended Vendor Regulations: Recommended Vendor Licensing:
License displayed in window Administratively handled No sales after midnight and before 6 AM Annual issuance/renewal Law enforcement officers have the right to request relocation Required Items:
On-site fire safety inspections may occur to application verify compliance with set requirements valid drivers license When parked and operating: State sales tax registration certificate and food must not impede pedestrian or vehicular traffic service license must have written permission from owners of businesses within 150’, if open for business proof of insurance
in a residential zone, written permission by photo of mobile food unit City Manager or designee required fee amount to be set by City Commission on private property, written permission of person in charge of property required
on City-owned property other than ROW, written permission by City Manager or designee required Massage Therapy Recommendation: Require a City-issued license of any business or individual receiving compensation for performing massage therapy within city limits.
Recommended Regulations: Recommended Licensing Procedure:
License displayed in window/or kept on Administratively handled person Annual issuance/renewal Therapist and patron register required Required Items: No massage after 9 PM and before 6 AM application City representatives may conduct surprise inspections valid photo identification May operate w/ conditions in: fingerprints background check commercial zones State certificate of good standing Offices/off-premises local certificate of occupancy Homes (only if recommended by the Planning Commission during its proof of qualifications & certifications review) fee amount to be set by City Commission
Exceptions for care facilities, medical, and salon services ARTICLE 1. GENERAL PROVISIONS
3-101. Definitions.
Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.
(a) Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever the origin thereof, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol.
(b) Alcoholic Liquor means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.
(c) Beer means a beverage, containing more than 3.2 percent alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager, beer, porter and similar beverages having such alcoholic content.
(d) Cereal Malt Beverage means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, but does not include any such liquor which is more than 3.2 percent alcohol by weight.
(e) Class A Club means a premise which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social fraternal or war veterans' club as determined by the State of Kansas, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (hereinafter referred to as members), and their families and guests accompanying them.
(f) Class B Club means a premise operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment.
(g) Club means a Class A or Class B club.
(h) Director means the director of alcoholic beverage control of the department of revenue.
(i) Distributor means the person importing or causing to be imported into the state, or purchasing or causing to be purchased within the state, alcoholic liquor for sale or resale to retailers licensed under this act, or cereal malt beverage or enhanced cereal malt beverage for sale or resale to retailers licensed under K.S.A. 41-2702 and amendments thereto.
(j) Domestic Beer means beer which contains not more than 8 percent alcohol by weight and which is manufactured from agricultural products grown in this state.
(k) Domestic Table Wine means wine which contains not more than 14 percent alcohol by volume and which is manufactured without rectification or fortification from agricultural products grown in this state.
(l) Drinking Establishment means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
31019804v.3 (m) Enhanced Cereal Malt Beverage means cereal malt beverage, as defined herein, and such term shall also include beer containing not more than 6% alcohol by volume when such beer is sold by a retailer licensed under the Kansas cereal malt beverage act and the provisions of this Chapter III.
(n) Farm Winery means a winery licensed by the director to manufacture, store and sell domestic table wine.
(o) Food Establishment has the meaning provided by K.S.A. 65-656 and amendments thereto.
(p) General Retailer means a person who has a license to sell cereal malt beverages at retail.
(q) Legal Age for Consumption of Enhanced Cereal Malt Beverage means 21 years of age, except that legal age for consumption of cereal malt beverage shall mean 18 years of age if at any time the provisions of P.L. 98-363 penalizing states for permitting persons under 21 years of age to consume cereal malt beverage are repealed or otherwise invalidated or nullified.
(r) Limited Retailer means a person who has a license to sell cereal malt beverages at retail only in original and unopened containers and not for consumption on the premises.
(s) Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor, beer, enhanced cereal malt beverage, or cereal malt beverage.
(y) (1) Manufacturer means every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquor, beer, enhanced cereal malt beverage, or cereal malt beverage.
(2) Manufacturer does not include a microbrewery or a farm winery.
(u) Microbrewery means a brewery licensed by the director to manufacture, store and sell domestic beer.
(v) Microdistillery means a facility which produces spirits from any source or substance that is licensed by the director to manufacture, store and sell spirits.
(w) Minor means any person under 21 years of age.
(x) Nonbeverage User means any manufacturer of any of the products set forth and described in K.S.A. 41-501 and amendments thereto, when the products contain alcohol or wine, and all laboratories using alcohol for non-beverage purposes.
(y) Original Package means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor.
(az) Person means any natural person, corporation, limited liability company, partnership or association.
31019804v.3 (aa) Place of Business means any place at which cereal malt beverages or alcoholic beverages or both are sold.
(bb) Restaurant means:
(1) In the case of a club, restaurant means a licensed food establishment which, as determined by the director, derives from sales of food for consumption on the licensed club premises not less than fifty percent (50%) of its gross receipts from all sales of food and beverages on such premises in a 12-month period;
(2) In the case of a drinking establishment subject to a food sales requirement under K.S.A. 41-2642 and amendments thereto, restaurant means a licensed food establishment which, as determined by the director, derives from sales of food for consumption on the licensed drinking establishment premises not less than thirty percent (30%)of its gross receipts from all sales of food and beverages on such premises in a 12-month period; and
(3) In the case of drinking establishment subject to no food sales requirement under K.S.A. 41-2642 and amendments thereto, restaurant means a licensed food establishment.
(cc) Retailer means a person who sells at retail, or offers for sale at retail, alcoholic liquors, but does not include a microbrewery, microdistillery, or farm winery.
(dd) Sale means any transfer, exchange or barter in any manner or by any means whatsoever for a consideration and includes all sales made by any person, whether principal, proprietor, agent, servant or employee.
(ee) Salesperson means any natural person who:
(1) Procures or seeks to procure an order, bargain, contract or agreement for the sale of alcoholic liquor, enhanced cereal malt beverage, or cereal malt beverage; or
(2) Is engaged in promoting the sale of alcoholic liquor, enhanced cereal malt beverage, or cereal malt beverage, or in promoting the business of any person, firm or corporation engaged in the manufacturing and selling of alcoholic liquor, enhanced cereal malt beverage, or cereal malt beverage, whether the seller resides within the state of Kansas and sells to licensed buyers within the state of Kansas, or whether the seller resides without the state of Kansas and sells to licensed buyers within the of Kansas.
(ff) (1) Sell at Retail and Sale at Retail refer to and mean sales for use or consumption and not for resale in any form and sales to clubs, licensed drinking establishments, licensed caterers or holders of temporary permits.
(2) Sell at Retail and Sale at Retail do not refer to or mean sales by a distributor, a microbrewery, a farm winery, a licensed club, a licensed drinking establishment, a licensed caterer or a holder of a temporary permit.
(gg) Spirits means any beverage which contains alcoholic obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
31019804v.3 (hh) Supplier means a manufacturer of alcoholic liquor, enhanced cereal malt beverage, or cereal malt beverage or an agent of such manufacturer, other than a salesperson.
(ii) Temporary permit means a permit, issued in accordance with the laws of the state of Kansas, which allows the permit holder to offer for sale, sell and serve alcoholic liquor for consumption on unlicensed premises, open to the public.
(jj) To Sell includes to solicit or receive an order for, to keep or expose for sale and to keep with the intent to sell.
(kk) Wholesaler or distributor means any individuals, firms, copartnerships, corporations and associations which sell or offer for sale any beverage referred to in this chapter, to persons, copartnerships, corporations and associations authorized by this chapter to sell cereal malt beverages at retail.
(ll) Wine means any alcoholic beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits, berries or other agricultural products, including such beverages containing added alcohol or spirits or containing sugar added for the purpose of correcting natural deficiencies.
(Code 1987)
3-102. Public consumption.
(a) Except as otherwise provided herein, it shall be unlawful for any person to sell, serve, dispense, drink or consume any cereal malt beverage or alcoholic liquor in any public place not licensed to sell such beverages within or under the jurisdiction of the city or upon any street, public thoroughfare or property owned by the state or any governmental subdivision thereof unless such property is leased to others under K.S.A. 12-1740 et seq., if the property is being used for hotel or motel purposes or purposes incidental thereto or is owned or operated by an airport authority created pursuant to Chapter 27 of the Kansas Statutes Annotated.
(b) Notwithstanding the foregoing, and pursuant to K.S.A. 41-719(c) and K.S.A. 41-719(d), as amended, the drinking and consumption of beer, cereal malt beverages, and enhanced cereal malt beverages shall be permitted on or in the following areas: the open outside areas and viewing stands of that property owned by the city commonly known as Lucy Kaegi Park, 1638 Elm Street, except for the dugouts, ball fields, or concession stands located thereon; and such other locations and times as the governing body of the city may designate from time to time; provided, that such exemptions shall be subject to the following additional rules and regulations:
(1) All operations, use, or consumption under this ordinance shall be in full compliance with federal, state, and local laws and regulations, including the Kansas liquor control act, as amended. By way of example only, under no circumstances shall any individual under the age of 21 or without proper identification be allowed to consume alcoholic beverages at any time on city property.
(2) Nothing in this ordinance shall be construed as permitting the consumption of other alcoholic liquor, except for such beer, cereal malt beverages, or enhanced cereal malt beverages.
31019804v.3 (3) The exemption provided for in this ordinance shall only apply during those regular hours that Lucy Kaegi Park is open to the public, as determined by the city from time to time, and only during regularly-scheduled adult sports events sponsored or organized by the city's Department of Recreation. No alcoholic liquor shall be permitted on public property during any youth or school district sports events, or any other events.
(4) Nothing herein shall be deemed to permit the sale, serving, or dispensing of beer, cereal malt beverages, enhanced cereal malt beverages, or other alcoholic liquors, as already prohibited by this section.
(Code 1985; Ord. 992)
3-103. Open container.
(a) No person shall transport in any vehicle upon a highway or street any cereal malt beverage or alcoholic beverage unless such beverage is:
(1) In the original, unopened package or container, the seal of which has not been broken and from which the original cap or cork or other means of closure has not been removed;
(2) In the locked, rear trunk or rear compartment or any locked outside compartment which is not accessible to any person in the vehicle while it is in motion, or;
(3) In the exclusive possession of a passenger in a vehicle which is a recreational vehicle as defined by K.S.A. 75-121 or a bus as defined by K.S.A. 8-1406, who is not in the driving compartment of such vehicle or who is in a portion of such vehicle from which the driver is not directly accessible.
(b) As used in this section "highway" and "street" have meanings provided by K.S.A. 8-1424 and K.S.A 8-1473 and amendments thereto.
(Code 1985)
3-104. Consumption while driving.
No person shall consume any cereal malt beverage or alcoholic beverage while operating any vehicle upon any street or highway.
(K.S.A. 41-2720; Code 1985)
3-105. Identification card.
(a) It shall be unlawful for any person to:
(1) Display, cause or permit to be displayed, or have in possession, any canceled, fictitious, fraudulently altered, or fraudulently obtained identification card.
(2) Lend any identification card to any other person or knowingly permit the use thereof by another.
31019804v.3 (3) Display or represent any identification card not issued to such person as being his or her card.
(4) Permit any unlawful use of an identification card issued to such person.
(5) Do any act forbidden or fail to perform any act required by this act.
(6) Photograph, photostat duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile.
(b) It shall be unlawful for any person to:
(1) Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the purchase of any alcoholic liquor.
(2) Lend any identification card to or knowingly permit the use of any identification card by any person under the minimum age established by state law for use in the purchase of any cereal malt beverage.
(Code 1985)
31019804v.3 ARTICLE 2. CEREAL MALT BEVERAGES AND ENHANCED CEREAL MALT BEVERAGES
3-201. License Issued by City.
The "Cereal Malt Beverage License" issued by the city of Eudora pursuant to this article, authorizes the sale of cereal malt beverages and enhanced cereal malt beverages, as defined in section 1, by those retailers in compliance with this article and other laws and regulations that may apply.
3-202. License required of retailers.
(a) It shall be unlawful for any person to sell any enhanced cereal malt beverage at retail without a license for each place of business where enhanced cereal malt beverages are to be sold at retail.
(b) It shall be unlawful for any person, having a license to sell enhanced cereal malt beverages at retail only in the original and unopened containers and not for consumption on the premises, to sell any enhanced cereal malt beverage in any other manner.
(K.S.A. 41-2702: Code 1977, 3-102: Code 1985)
3-203. Application.
Any person desiring a license shall make an application to the governing body of the city and accompany the application by the required license fee for each place of business for which the person desires the license. The application shall be verified, and upon a form prepared by the attorney general of the State of Kansas, and shall contain:
(a) The name and residence of the applicant and how long he or she has resided within the State of Kansas;
(b) The particular place for which a license is desired;
(c) The name of the owner of the premises upon which the place of business is located;
(d) The names and addresses of all persons who hold any financial interest in the particular place of business for which a license is desired;
(e) A statement that the applicant is a citizen of the United States and not less than 21 years of age and that he. or she has not within two years immediately preceding the date of making application been convicted of a felony or any crime involving moral turpitude, or been adjudged guilty of drunkenness, or driving a motor vehicle while under the influence of intoxicating liquor or the violation of any other intoxicating liquor law of any state of the United States;
(f) Each application or a general retailer's license shall be accompanied by a certificate from the city codes administrator certifying that he or she has inspected the premises to be licensed and that the same comply with the provisions of chapter 8 of this code;
(g) Each application for a general retailer's license must be accompanied by a certificate from the city fire chief certifying that he or she has inspected the premises to be licensed and that the same comply with the provisions of chapter 7 of this code. The city clerk shall investigate each applicant to determine whether qualified as licensed. The application shall be scheduled for consideration by the governing body at the earliest meeting consistent with current notification requirements.
31019804v.3 (h) A copy of the State of Kansas Certificate of Good Standing;
(i) Receipt of a Certificate of Registration on the City's Retailers Registry; and
(j) A statement, signed by the applicant, authorizing any governmental agency to provide the city with any information pertinent to the application. One copy of such application shall immediately be transmitted to the chief of police of the city for investigation of the applicant. It shall be the duty of the chief of police to investigate such applicant to determine whether he or she is qualified as a licensee under the provisions of this article. The chief shall report to the city commission not later than five (5) working days subsequent to the receipt of such application. The application shall be scheduled for consideration by the city commission at the earliest meeting consistent with current notification requirements.
(Code 1985; Code 2016)
3-204. License application procedures.
(a) All applications for a new and renewed enhanced cereal malt beverage license shall be submitted to the city clerk ten (10) days in advance of the governing body meeting at which they will be considered.
(b) The city clerk's office shall notify the applicant of an existing license thirty (30) days in advance of its expiration.
(c) The governing body will not consider any application for a new or renewed license that has not been submitted ten (10) days in advance and been reviewed by the above city departments.
(d) An applicant who has not had an enhanced cereal malt beverage license in Eudora shall attend the governing body meeting when the application for a new license will be considered.
(e) Pursuant to K.S.A. 41-2703a, as amended, any limited liability company applying for a license under the Kansas cereal malt beverage act shall submit a copy of its articles of organization and operating agreement to the director in such form and manner as prescribed by the director.
(Code 1985; Code 2016)
3-205. License granted; denied.
(a) The journal of the governing body shall show the action taken on the application.
(b) If the license is granted, the city clerk shall issue the license which shall show the name of the licensee and the year for which issued.
(c) No license shall be transferred to another licensee.
(d) If the license shall be denied, the license fee shall be immediately returned to the person who has made application.
(Code 1977. 3-10a; Code 1985)
31019804v.3 3-206. License to be posted.
Each license shall be posted in a conspicuous place in the place of business for which the license is issued.
(Code 1985)
3-207. License; disqualification.
No retailer's license shall be issued to:
(a) A person who is not a resident of the county in which the place of business covered by the license is located, has not been a resident of such county for at least six (6) months or has not been a resident in good faith of the State of Kansas.
(b) A person who has not been a resident of this state for at least one (1) year immediately preceding application for a retailer's license.
(c) A person who is not of good character and reputation in the community in which the person resides.
(d) A person who is not a citizen of the United States.
(e) A person who, within two (2) years immediately preceding the date of application, has been convicted of a felony or any crime involving moral turpitude, drunkenness, driving a motor vehicle while under the influence of intoxicating liquor or the violation of any other intoxicating liquor law of any state or of the United States.
(f) A partnership, unless all the members of the partnership are otherwise qualified to obtain a license.
(g) A corporation or a limited liability company if any member, manager, officer or director thereof, or any stockholder or member owning in the aggregate more than twenty-five percent (25%) of the stock or the ownership interests of such corporation or limited liability company would be ineligible to receive a license hereunder for any reason other than non-residence within the city or county.
(h) A corporation or a limited liability company, if any member, manager, officer or director thereof, or any stockholder or member owning in the aggregate more than twenty-five percent (25%) of the stock or the ownership interests of such corporation or limited liability company, has been an officer, manager or director, or a stockholder owning in the aggregate more than twenty-five percent (25%) of the stock or the ownership interests of a corporation or limited liability company which: (A) Has had a retailer's license revoked under K.S.A. 41-2708 and amendments thereto; or (B) has been convicted of a violation of the drinking establishment act or the cereal malt beverage laws of this state.
(i) A person whose place of business is conducted by a manager or agent unless the manager or agent possesses all the qualifications of a licensee.
(j) A person whose spouse would be ineligible to receive a retailer's license for any reason other than citizenship, residence requirements or age, except that this subsection (j) shall not apply in determining eligibility for a renewal license.
31019804v.3 (k) A person who has not submitted his or her fingerprints to the police department immediately after making the license application and within a sufficient length of time before the examination thereof by the governing body to permit the use of fingerprints in the determination of any requirements made by this article of applicants for licenses, if so requested by the chief of police.
(Ord. 661, Sec. 2)
3-208. Restriction upon location.
(a) No license shall be granted to sell enhanced cereal malt beverages on premises which are located in areas not zoned for such purpose, or if the premises do not comply with other city laws, including building and health codes.
(b) No license shall be granted to sell enhanced cereal malt beverages at any place of business or location within 200 feet of any public or parochial school or church; provided, that if any such facility shall be established within 200 feet after such premises have been licensed, then such premises shall be an eligible location for licensing. For schools, the distance shall be measured from the nearest property line of the school to the nearest portion of the building occupied by the business selling or serving the beverages. For churches, the distance shall be measured from the church building to the portion of the building occupied by the business selling or serving the beverage.
(c) The prohibition set out in subsection (b) of this section shall further not apply to any business that obtains an enhanced cereal malt beverage, club, drinking establishment, caterer, temporary permit, farm winery, or microbrewery license issued by the city when the licensee has petitioned for and received a waiver of the distance limitation from the governing body. The governing body shall grant such waiver only following notice to property owners within such 200-foot distance (in such manner as the city may require) and a public hearing and a finding by the governing body that the proximity of the establishment is not adverse to the public welfare or safety.
(K.S.A. 41-2704; Ord. 661, Sec. 2)
3-209. License fee.
(a) Fees for general and limited retailers of enhanced cereal malt beverages shall be as adopted by the governing body and on record in the office of the city clerk from time to time. Such fee shall be in addition to such fees as are to be remitted to the Division of Alcohol Beverage Control pursuant to K.S.A. 41-2701, as amended. License fees are non-refundable and non-transferable.
(b) The full amount of the license fee shall be required regardless of the time of year in which the application is made, and the licensee shall only be authorized to operate under the license for the remainder of the calendar year in which the license is issued.
(K.S.A. 41-2702; Code 1977, 3-103; Code 1985; Code 2016)
3-210. Revocation and suspension of licenses.
(a) The governing body of the city, upon five (5) days written notice to a person holding a license to sell enhanced cereal malt beverages, may revoke or suspend the license for anyone of the following reasons:
31019804v.3 (1) The licensee has fraudulently obtained the license by giving false information, in the application therefore;
(2) The licensee has violated any of the provisions of this article or has become ineligible to obtain a license under this article;
(3) Drunkenness of a person holding such license, drunkenness of a licensee's manager or employee while on duty and while on the premises for which the license is issued, or for a licensee, his or her manager or employee permitting any intoxicated person to remain in such place selling enhanced cereal malt beverages;
(4) The sale of enhanced cereal malt beverages to any person under the legal age for consumption of enhanced cereal malt beverage;
(5) The nonpayment of any license fees;
(6) Permitting any gambling in or upon the licensee's place of business;
(7) Permitting any person to mix drinks with material purchased in the place of business or brought in for that purpose;
(8) The employment of any persons under the age established by the State of Kansas for employment involving dispensing enhanced cereal malt beverages;
(9) The employment of persons who have been adjudged guilty within the preceding two years of a felony or of any violation of the intoxicating liquor laws of this state, another state of the United States;
(10) The sale or possession of, or permitting any person to use or consume on the licensed premises, any alcoholic liquor.
(b) The provisions of subsections (a)(7) and (10) shall not apply if the place of business or premises are also currently licensed as a club or drinking establishment pursuant to the club and drinking establishment act.
(K.S.A. 41-2708; Ord. 661, Sec. 2)
3-211. Same; procedure.
(a) Whenever any law enforcement officer or other city official has reason to believe that a licensee has violated the provisions of section 3-210, that officer or official shall cause a written complaint to be filed with the commission.
(1) Such complaint shall sufficiently define the charges against the licensee and grounds upon which his or her license is sought to be suspended or revoked.
(2) On receipt of such complaint, the commission shall set a hearing upon the complaint and shall give written notice of such hearing to the licensee. A copy of the complaint shall accompany the notice. The hearing shall be initially scheduled during a regular meeting of the commission and shall be at least ten (10) days from the date the notice is sent.
31019804v.3 (3) At the hearing, evidence shall be presented in support of the complaint by the city prosecutor and the licensee shall have the right to be present and represented by counsel, the right to cross-examine witnesses, and the right to present witnesses and evidence on his or her own behalf. A continuance of such hearing may be granted by the commission for good cause shown.
(4) The commission shall decide whether or not the allegations in the complaint are true by a majority vote of those members present at the meeting, if they find any allegations to be true, such finding shall constitute one violation and the commission shall proceed to determine the disposition of the matter.
(b) The commission, upon finding that an allegation based upon subsection 3-210(a)(1), (2), or (5) is true, may revoke the licensee's license.
(c) The commission, upon finding that an allegation based upon any other subsection of 3- 208(a), is true, may make the following dispositions:
(1) Upon a licensee's first violation within a three-year period, suspend his or her license for not less than one day or more than ten (10) days;
(2) Upon a licensee's second violation within a three-year period, suspend his or her license for not less than five (5) days or more than two (2) months;
(3) Upon a licensee's third or subsequent violation within a three-year period, suspend his or her license for not less than thirty (30) days or more than six (6) months or may revoke the licensee's license.
(d) The decision and disposition of the commission shall be reduced to writing and the dates of any suspension shall be stated therein. A copy of such decision shall be forthwith sent to the licensee and any such suspension or revocation may begin immediately.
(Ord. 661, Sec. 4)
3-212. Same; appeals.
Within twenty (20) days after the order of the commission revoking or suspending any license, the licensee may appeal to the district court and the district court shall proceed to hear such appeal as though such court had original jurisdiction of the matter. Any appeal taken from an order revoking or suspending the license shall not suspend the order of revocation or suspension during the pendency of any such appeal. In case of the revocation of the license of any licensee, no new license shall be issued to the former licensee, or to any person acting for or on the former licensee's behalf, for a period of six months thereafter.
(K.S.A. 41-2708; Ord, 661, Sec. 2)
3-213. Change of location.
If a licensee desires to change the location of his or her place of business, he or she shall make application to the governing body showing the same information relating to the proposed location as in the case of an original application. Such application shall be accompanied by a fee of $5. If the application is in proper form and the location is not in a prohibited zone and all other requirements relating to such place
31019804v.3 of business are met a new license shall be issued for the new location for the balance of the year for which a current license is held by the licensee.
(Code 1985)
3-214. Wholesalers and/or distributors.
It shall be unlawful for any wholesaler and/or distributor, his, her or its agents or employees, to sell and/or deliver enhanced cereal malt beverages within the city, to persons authorized under this article to sell the same within this city unless such wholesaler and/or distributor has first secured a license from the director of alcohol beverage control and agents and employees designated by the director with the approval of the secretary of revenue of the State of Kansas authorizing such sales.
(K.S.A. 79-3837; Code 1985)
3-215. Regulations governing retailers.
It shall be the duty of every licensee to observe the following regulations. Noncompliance shall constitute a code violation.
(a) The place of business licensed and operating under this article shall at all times have a front and rear exit unlocked when open for business;
(b) The premises and all equipment used in connection with such business shall be kept clean and in a sanitary condition, and shall at all times be open to the inspection of the police and health officers of the city, county, and state;
(c) Except as provided by subsection (d), no enhanced cereal malt beverages may be sold or dispensed: (i) between the hours of 12:00 midnight and 6:00 a.m.; (ii) on Easter Sunday; (iii) in the original package before 12:00 noon or after 8:00 p.m. on Sunday; or (iv) for consumption on the licensed premises on Sunday, except in a place of business which is licensed to sell enhanced cereal malt beverage for consumption on the premises, which derives not less than thirty percent (30%) of its gross receipts from the sale of food for consumption on the licensed premises. Closing hours for clubs shall conform to K.S.A. 41-2614 and any amendments thereto;
(d) Enhanced cereal malt beverages may be sold at any time alcoholic liquor is allowed by law to be served on premises, which are licensed pursuant to K.S.A. 41-2701 et seq, and licensed by the State Director of Alcoholic Beverage Control;
(e) The place of business shall be open to the public and to the police at all times during business hours except that premises licensed as a club pursuant to the Kansas Club and Drinking Establishment Act shall be open to the police and not to the public;
(f) It shall be unlawful for any licensee or agent or employee of the licensee to become intoxicated in the place of business for which such license has been issued;
(g) No licensee or agent or employee of the licensee shall permit any intoxicated person to remain in the place of business for which such license has been issued;
(h) No license or agent or employee of the licensee shall sell or permit the sale of enhanced cereal malt beverage to any person under the legal age for consumption of enhanced cereal malt beverage;
31019804v.3 (i) No licensee or agent or employee of the licensee shall permit any gambling in the place of business for which such license has been issued. This provision shall not apply to the state lottery;
(j) No licensee or agent or employee of the licensee shall permit any person to mix alcoholic drinks with materials purchased in the place of business or brought in for such purpose unless the licensee is also currently licensed as a club or drinking establishment pursuant to the club and drinking establishment act;
(k) No licensee shall permit a person under the legal age for consumption of enhanced cereal malt beverage in or about a place of business and no licensee shall permit a person under the legal age for consumption of enhanced cereal malt beverage to possess enhanced cereal malt beverage in or about a place of business, except that a licensee's employee who is not less than 18 years of age may dispense or sell enhanced cereal malt beverage if:
(1) The licensee's place of business is licensed only to sell enhanced cereal malt beverage at retail in original and unopened containers and not for consumption on the premises; or
(2) The licensee's place of business is a licensed food establishment, and not less than fifty percent (50%) of the gross receipts from the licensee's place of business is derived from the sale of food for consumption on the premises of the licensed place of business.
(Ord. 661, Ord. 841; Code 2016)
3-216. Same; persons.
It shall be the duty of every person to observe the following regulations. Noncompliance constitutes a code violation.
(a) No person under the age of 21 shall purchase, consume or attempt to purchase consume or possess any enhanced cereal malt beverage in any licensed place of business.
(b) No person shall have any alcoholic liquor in his or her possession while in the place of business, unless the premises are currently licensed under a license issued by the State Director of Alcoholic Beverage Control
(c) No person under the age of 21 shall consume or be served alcoholic liquor and a sign so stating shall be prominently posted in all such places;
(d) No person shall remove or carry out from the licensee's place of business, any open container of enhanced cereal malt beverage and a sign so stating shall be prominently posted in all such places of business.
(Ord. 661, Sec. 2; Code 2016)
3-217. Prohibited conduct on premises.
The following conduct by an enhanced cereal malt beverage licensee, manager or employee of any licensed enhanced cereal malt beverage establishment is deemed contrary to public welfare and is prohibited:
31019804v.3 (a) Remaining or permitting any person to remain in or upon the premises who exposes to view any portion of the female breasts below the top of the areola or any portion of males/females' pubic hair, anus buttocks or genitals;
(b) Permitting any employee on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any other employee or any patron;
(c) Encouraging or permitting any patron on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva, or genitals of any employee;
(d) Performing, or permitting any person to perform, on the licensed premises acts of or acts which simulate:
(1) Sexual intercourse, masturbation, sodomy, or any other sexual act which is prohibited by law; or,
(2) Touching, caressing or fondling such persons' breasts, buttocks, anus or genitals.
(e) Using, or permitting any person to use, on the licensed premises, any artificial devices or inanimate objects to depict any of the acts prohibited by paragraph (d) of this section;
(f) Showing, or permitting any person to show, on the licensed premises any motion picture, film, photograph, electronic reproduction, or other visual reproduction depicting:
(1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, or any sexual act which is prohibited by law;
(2) The touching, caressing or fondling of the buttocks, anus, genitals or the female breasts;
(3) Scenes in which a person displays the buttocks, anus, genitals or the female breasts.
(g) As used in this section, the term "premises" means the premises licensed by the city as an enhanced cereal malt beverage establishment and such other areas, under the control of the licensee or his or her employee or employees, that are in such close proximity to the licensed premises that activities and conduct of persons within such other areas may be viewed by persons on or within the licensed premises.
(Code 1985)
3-218. Sanitary conditions required.
All parts of the licensed premises including furnishings and equipment shall be kept clean and in a sanitary condition, free from flies, rodents and vermin at all times. The licensed premises shall have at least one restroom for each sex easily accessible at all times to its patrons and employees. The restroom shall be equipped with at least one lavatory with hot and cold running water, be well lighted, and be furnished at all times with paper towels or other mechanical means of drying hands and face. Each restroom shall be provided with adequate toilet facilities which shall be of sanitary design and readily cleanable. The doors of all toilet rooms shall be self-closing and toilet paper at all times shall be provided. Easily cleanable receptacles shall be provided for waste material and such receptacles in toilet rooms for women shall be covered. The restrooms shall at all times be kept in a sanitary condition and free of offensive odors and shall be at all times subject to inspection by the city health officer or designee.
31019804v.3 (Code 1985)
3-219. Minors on premises.
(a) It shall be unlawful for any person under the minimum age established by state law for the consumption of enhanced cereal malt beverage to remain on any premises where the sale of enhanced cereal malt beverages is licensed for on-premises consumption.
(b) This section shall not apply if the person under such lawful age is an employee of the licensed establishment, or is accompanied by his or her parent or guardian, or if the licensed establishment derives not more than fifty percent (50%) of its gross receipts in each calendar year from the sale of enhanced cereal malt beverages for on premises consumption.
(Code 1985)
31019804v.3 ARTICLE 3. RETAIL LIQUOR
3-301. License required.
It shall be unlawful for any person to keep for sale, offer for sale, or expose for sale or sell any alcoholic liquor as defined by the "Kansas liquor control act" without first having obtained a license under this section to do so.
(Code 2016)
3-302. Application
Any person desiring a license shall make an application to the City Clerk. Such application shall be verified and upon a form prepared by the City Clerk and shall contain:
(a) The name and address of the applicant;
(b) The particular place for which a license is desired, including a drawing of the premises for which the license is desired showing the location of the proposed premises in relation to other buildings, structures, parking areas, public or private streets, and sidewalks within 200 feet. Sufficient dimensions shall be included to indicate the relationship between the premises and such other buildings, structures, parking areas, etc.;
(c) The name of the owner of the premises upon which the place of business is located;
(d) The names and addresses of all persons who hold any financial interest in the particular place of business for which a license is desired;
(e) A statement that the applicant is not less than 21 years of age and that he or she has not within two years immediately preceding the date of making application been convicted of a felony or any crime involving moral turpitude, or been adjudged guilty of drunkenness, or driving a motor vehicle while under the influence of intoxicating liquor or the violation of any other intoxicating liquor law of any state or of the United States;
(f) Each application for a license shall be accompanied by a certificate from the city building official certifying that he or she has inspected the premises to be licensed;
(g) Each application for a retailer's license must be accompanied by a certificate from the city fire chief certifying that he or she has inspected the premises to be licensed;
(h) Proof of the state liquor license, including a copy of the approved application and the submitted illustration of the premises;
(i) A copy of the State of Kansas Certificate of Good Standing;
(j) Receipt of a Certificate of Registration on the City's Retailers Registry; and
(k) A statement, signed by the applicant, authorizing any governmental agency to provide the city with any information pertinent to the application. One copy of such application shall immediately be transmitted to the chief of police of the city for investigation of the applicant. It shall be the duty of the chief of police to investigate such applicant to determine whether he or she is qualified as a licensee under the provisions of this article.
31019804v.3 Such application shall be accompanied by the license tax required by this article.
3-303. Biennial license tax.
A biennial occupation license tax set by resolution of the governing body from time to time shall be assessed to each retailer of alcoholic liquor who has a retailer's license issued under the provisions of K.S.A. Chapter 41. The tax shall be paid before business is begun under an original state license and within five (5) days after each renewal of a state license.
3-304. Issuance of license; term; refunds.
(a) All applications for new or renewal city licenses shall be submitted to the City Clerk for approval. Upon presentation of a state license, payment of the City's License Tax, and a determination that the proposed location of the retail establishment does not conflict with or violate any city zoning ordinance, building, health, or fire codes, or the alcoholic beverage ordinances of the City, the City Clerk shall issue a city license for the period covered by the state license.
(b) This license period shall extend for the period covered by the state license.
(c) No occupation license tax shall be refunded for any reason.
3-305. Display of receipt.
Every licensee shall cause the city license tax receipt to be placed in plain view next to or below the state license on the licensed premises.
3-306. Business regulations.
It shall be unlawful for a retailer of alcoholic liquor to:
(a) Permit any person to mix drinks in or on the licensed premises unless the person is preparing or mixing samples for the purposes of conducting wine, beer, or distilled spirit tastings, or any combination thereof, as authorized by K.S.A. 41-308d, and amendments thereto;
(b) Employ any person under the age of 21 years in connection with the operation of the retail establishment;
(c) Employ any person in connection with the operation of the retail establishment who has been adjudged guilty of a felony;
(d) Permit any gambling in or on the premises; or
(e) Have in his or her possession for sale at retail any bottles, cask, or other containers containing alcoholic liquor, except in the original package; or
(f) Sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person under 21 years of age.
(Code 2016)
31019804v.3 3-307 Hours of Sale.
(a) No person shall sell at retail any alcoholic liquor:
(1) On Easter Sunday;
(2) On all other Sundays, before 12 noon or after 8:00 p.m.;
(3) Before 9:00 a.m. or after 11:00 p.m. on any other day than Sunday.
(b) Enhanced cereal malt beverages may be sold on premises licensed for the retail sale of enhanced cereal malt beverages for consumption off the premises at any time when alcoholic liquor is allowed by law to be served on the premises.
3-308. Restriction upon location.
(a) No license shall be granted to sell at retail alcoholic liquor on premises which are located in areas not zoned for such purpose, or if the premises does not comply with other city laws, including building and health codes.
(b) No license shall be granted to sell at retail alcoholic liquor at any place of business or location within 200 feet of any public or parochial school or church; provided, that if any such facility shall be established within 200 feet after such premises have been licensed, then such premises shall be an eligible location for licensing. For schools, the distance shall be measured from the nearest property line of the school to the nearest portion of the building occupied by the business selling or serving the beverages. For churches, the distance shall be measured from the church building to the portion of the building occupied by the business selling or serving the beverage.
(c) The prohibition set out in subsection (b) of this section shall further not apply to any business that obtains an enhanced cereal malt beverage, club, drinking establishment, caterer, temporary permit, farm winery, or microbrewery license issued by the city when the licensee has petitioned for and received a waiver of the distance limitation from the governing body. The governing body shall grant such waiver only following notice to property owners within such 200-foot distance (in such manner as the city may require) and a public hearing and a finding by the governing body that the proximity of the establishment is not adverse to the public welfare or safety.
31019804v.3 ARTICLE 4. DRINKING ESTABLISHMENTS AND CLUBS
3-401. License required.
It shall be unlawful for any person granted a drinking establishment license by the State of Kansas to sell or serve any alcoholic liquor authorized by such license within the city without first obtaining a city license from the city clerk.
(Code 2016)
3-402. Application
Any person desiring a license shall make an application to the City Clerk. Such application shall be verified and upon a form prepared by the City Clerk and shall contain:
(a) The name and address of the applicant;
(b) The particular place for which a license is desired, including a drawing of the premises for which the license is desired showing the location of the proposed premises in relation to other buildings, structures, parking areas, public or private streets, and sidewalks within 200 feet. Sufficient dimensions shall be included to indicate the relationship between the premises and such other buildings, structures, parking areas, etc.;
(c) The name of the owner of the premises upon which the place of business is located;
(d) The names and addresses of all persons who hold any financial interest in the particular place of business for which a license is desired;
(e) A statement that the applicant is not less than 21 years of age and that he or she has not within two years immediately preceding the date of making application been convicted of a felony or any crime involving moral turpitude, or been adjudged guilty of drunkenness, or driving a motor vehicle while under the influence of intoxicating liquor or the violation of any other intoxicating liquor law of any state or of the United States;
(f) Each application for a license shall be accompanied by a certificate from the city building official certifying that he or she has inspected the premises to be licensed;
(g) Each application for a drinking establishment or club license must be accompanied by a certificate from the city fire chief certifying that he or she has inspected the premises to be licensed;
(h) Proof of the state liquor license;
(i) A copy of the State of Kansas Certificate of Good Standing;
(j) Receipt of a Certificate of Registration on the City's Retailers Registry; and
(k) A statement, signed by the applicant, authorizing any governmental agency to provide the city with any information pertinent to the application. One copy of such application shall immediately be transmitted to the chief of police of the city for investigation of the applicant. It shall be the duty of the chief of police to investigate such applicant to determine whether he or she is qualified as a licensee under the provisions of this article.
31019804v.3 Such application shall be accompanied by the occupational tax required by this article.
3-403. Biennial occupational license tax.
A biennial occupational license tax set by resolution of the governing body from time to time shall be assessed to each drinking establishment or club located in the city which has a drinking establishment or club license issued by the state director of alcoholic beverage control. The tax shall be paid before business is begun under an original state license and within five (5) days after any renewal of a state license.
(K.S.A. 41-2622; Code 2016)
3-404. Issuance of license; term; refunds.
(a) All applications for new or renewal city licenses shall be submitted to the City Clerk for approval. Upon presentation of a state license, payment of the City's occupational license tax, and a determination that the proposed location of the drinking establishment or club does not conflict with or violate any city zoning ordinance, building, health, or fire codes, or the alcoholic beverage ordinances of the City, the City Clerk shall issue a city license for the period covered by the state license.
(b) This license period shall extend for the period covered by the state license.
(c) No occupational license tax shall be refunded for any reason.
3-405. Display of receipt.
Every licensee shall cause the city occupational license tax receipt to be placed in plain view next to or below the state license on the licensed premises.
3-406. Business regulations.
(a) No drinking establishment or club licensed under this article shall allow the serving, mixing or consumption of alcoholic liquor or enhanced cereal malt beverages on its premises between the hours of 2:00 a.m. and 6:00 a.m. on any day.
(b) Enhanced cereal malt beverages may be sold on premises licensed for the retail sale of enhanced cereal malt beverage for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.
(c) No club membership shall be sold to any person under 21 years of age. No alcoholic beverages or cereal malt beverages shall be given, sold or traded to any person under 21 years of age.
(d) No club or drinking establishment licensed hereunder shall allow anyone except employees to remain on the premises of said drinking establishment between the hours of 2:00 a.m. and 6:00 a.m. of any day of the week, except, that clubs and drinking establishments may operate between 5:00 a.m. and 6:00 a.m. for the sole purpose of food and nonalcoholic beverage sales.
(K.S.A. Supp. 41-2614; Code 2016)
31019804v.3 ARTICLE 1. RETAILERS REGISTRATION
5-101 Registration Required.
(a) It shall be unlawful for any person, firm or corporation acting as a retailer, either as principal, agent or employee, to conduct, pursue, carry on or operate any calling, trade, profession or occupation in the City without first applying for and receiving a certificate of registration from the City of Eudora.
(b) For the purposes of this chapter, “Retailer” is defined as a person regularly engaged in the business of selling tangible personal property, food, or drinks at retail or furnishing electrical energy, gas, water, services or entertainment, and selling only to the user or consumer and not for resale.
(c) For the purposes of this chapter, “Premises” is defined as the physical location of a retail business. 5-102 Registration Period, Duration.
(a) If a Certificate of Occupancy pursuant to Section 10 of the City of Eudora’s Zoning Regulations is required for the premises, registration shall occur as a precondition of issuance of a Certificate of Occupancy. If a Certificate of Occupancy is not required for the premises, retailers must register within the first thirty (30) days of their first business day.
(b) Registration shall commence and endure as long as the retailer’s business remains open in the City of Eudora and the information submitted by the applicant to the City of Eudora remains unchanged. Any changes from the submitted application will require the retailer to submit a new application within thirty (30) days of the change.
(c) The City of Eudora shall issue a certificate of registration for each registered business. This certificate shall be posted in a prominent visible location in each business at all times. 5-103 Registration Not Assignable; Unlawful Use.
No registration granted under the provisions of this chapter shall be assigned or transferred. Each registration is only valid for the person and business named in the registration. 5-104 Application; Certification of Registration.
(a) Each registration application shall be made to the City of Eudora in writing on a form provided by the City of Eudora, or as otherwise allowed by the City of Eudora.
(b) Each application will contain, but is not limited to, the following information:
(1) Type of business, including whether a franchise, independently owned or home-based;
(2) Legal name and common name of business;
(3) Business, street, mailing and e-mail addresses; telephone number; and website URL;
(4) Date business started; (5) Name, mailing address and contact telephone number of each owner, partner or corporate officer;
(6) Corporate address, contact name and telephone number (if any);
(7) An after-hour (emergency) contact name and telephone number;
(8) Federal Income Tax Number, Federal Employer Identification Number; and Kansas State Tax Account Number;
(9) The numbers of any federal, state or county licenses or certificates held and proof of valid Kansas Retailers Sales Tax Registration Certificate;
(10) Approximate number of full time and part time employees;
(11) Anticipated sales tax filing frequency.
(c) Changes to information submitted are to be reported as soon as possible and shall be done at no charge to the registrant.
(d) Information provided on this application may be forwarded to the Kansas Department of Revenue for purposes of verifying compliance with the provisions of the Kansas Retailers’ Sales Tax Act, K.S.A. 79- 3601 et seq., as amended. Such information shall be subject to the confidentiality provisions set forth in K.S.A. 79-3614.
(e) If all required information is supplied and it does not appear that any state law or City ordinance will be violated in the operation of the business, the certificate of registration shall be issued. 5-105 Penalty.
Any business in violation of this chapter shall be fined not less than Twenty-Five Dollars ($25.00) and not more than Seven Hundred Fifty Dollars ($750.00) for each offense. Each day that a retailer operates without a valid certificate of registration shall be considered a separate offense. ARTICLE 2. SOLICITORS, CANVASSERS, PEDDLERS
5-201. Definitions.
For the purpose of this ordinance, the following words shall be considered to have the following meanings:
(a) Soliciting shall mean and include any one or more of the following activities:
(1) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services, of any kind, character or description whatever, for any kind of consideration whatever; or
(2) Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or
(3) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication.
(b) Residence shall mean and include every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
(c) Canvasser or Solicitor shall mean any individual, whether resident of the city or not, whose business is mainly or principally carried on by traveling either by foot, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he or she is collecting advance payments on such sales or not. Such definition shall include any person, who, for himself, herself or for another person, hires, leases, uses, or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.
(d) Peddler shall mean any person, whether a resident of the city or not, traveling by foot, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad boxcar or other vehicle or conveyance, and further provided, that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this article shall be deemed a peddler.
(e) Transient merchant, itinerant merchant or itinerant vendor are defined as any person, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within such city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, or boat, public room in hotels, lodging houses, apartments, shops or any street, alley or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. Such definition shall not be construed to include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this ordinance merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.
(f) Street salesman shall mean any person engaged in any manner in selling merchandise of any kind from a vehicle or stand temporarily located on the public streets or sidewalks of this city. (Code 2016)
5-202. License required.
(a) It shall be unlawful for any person to engage in any of the activities defined in the preceding sections of this ordinance, within the corporate limits of the city without then having an unrevoked and unexpired license therefore in his or her possession and issued by the city clerk.
(b) The governing body may waive the license requirements of this ordinance for any person, firm or corporation exempt from the payment of a license fee under section 5-204(d). (Code 2016)
5-203. Same; application required.
Before the city clerk may issue any license required by this article, he or she shall require a sworn application in writing prepared in duplicate on a form to be supplied by the city clerk which shall give the following information:
(a) Name and description of applicant;
(b) Permanent home address and full local address of applicant;
(c) Identification of applicant including driver’s license number, date of birth, expiration date of license and description of applicant;
(d) Identification of vehicle used by applicant including license therefore used by applicant in conducting his or her business;
(e) A brief description of the nature of the business to be carried on or the goods to be sold and the length of time such applicant has been engaged in the business;
(f) If employed, the name and address of the employer, together with credentials establishing such relationship, including the authority by the employer authorizing the applicant to represent the employer in conducting business;
(g) The length of time which business is proposed to be carried on;
(h) The place where services are to be performed or where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery;
(i) A photo ID of the applicant is required at the time of application submittal, or in lieu thereof, the fingerprints of the applicant may be taken by the chief of police and filed with the application;
(j) The applicant’s Kansas Sales Tax number. (Code 2016)
5-204. License fee; time limits; exemptions.
(a) Except as provided in subsection (c), the fee for the license required pursuant to section 5-202 shall be an amount established by the governing body from time to time.
(b) Any such license granted upon application as required hereinabove shall be limited to and effective only on the days set out in the license. Solicitation or sales by any peddler, solicitor or canvasser shall be conducted only between the hours of 8:00 a.m. and 9:00 p.m.
(c) Persons and firms not having a permanently established place of business in the city, but having a permanently established house-to-house or wholesale business shall receive a license as required by section 5-202 upon the payment of a fee established by the city commission from time to time, and may make solicitations or sales only between the hours of 9:00 a.m. and 7:00 p.m., or upon invitation at any hour.
(d) No license fee shall be required of: (1) any person selling products of the farm or orchard actually produced by the seller, unless classified as seasonal sales in the City Zoning Regulations; (2) any businesses, trades or occupations which are part of fairs or celebrations sponsored by the city or any other governmental subdivision, or the state, or when part of all of the expenses of the fairs or celebrations are paid for by the city, any other governmental subdivision, or the state; and (3) any not-for-profit or charitable organization as determined by the governing body. (K.S.A. 12-1617; Code 2016)
5-205. Renewal.
All licenses issued shall be subject to renewal upon a showing of compliance with sections 5-202:203 within a six month period prior to the renewal date. The city clerk need not require an additional application under section 5-203 unless complaints have been received of violations of the conditions under which any license has heretofore been issued. The city clerk shall not renew or extend any license where there is satisfactory evidence of any grounds for the suspension or revocation of any prior license, and the applicant shall be required to apply for a license as in the case of an original license. (Code 2016)
5-206. Denial, revocation or suspension of license; notice.
(a) The city clerk or chief of police may deny any application or may revoke or suspend for a period of not to exceed 30 days any license issued under this ordinance, for any of the following causes:
(1) Fraud, misrepresentation or false statement contained in the application for license.
(2) Fraud, misrepresentation or false statement made in the course of carrying on the business.
(3) Any violation of this ordinance.
(4) Conducting a business as defined in section 5-201 in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the city. Notice of the denial, revocation or suspension of a license shall be given in writing to the applicant or mailed to his or her last known address and the city clerk shall set forth the grounds of such denial, revocation or suspension. (5) Conviction of the crime of theft, larceny, fraud, embezzlement or any felony within two years prior to the application date. (Code 2016)
5-207. Appeal to governing body.
(a) Any person aggrieved by the action of the chief of police or city clerk in the denial of an application or revocation or suspension of a license as provided in this ordinance, shall have the right of appeal to the governing body.
(b) Such appeal shall be taken by filing with the city clerk within 14 days after notice of revocation, suspension or denial of the license has been given to or mailed to such applicant’s last known address and setting forth the grounds for appeal.
(c) The governing body shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided herein for notice of denial, revocation or suspension.
(d) The decision and order of the governing body on such appeal shall be final and conclusive. (Code 2016)
5-208. Regulations.
(a) It shall be unlawful for any licensee to make false or fraudulent statements concerning the quality of nature of his or her goods, wares and merchandise for the purpose of inducing another to purchase the same.
(b) Licensees are required to exhibit their license at the request of any person to whom they attempt to sell their goods, wares and merchandise or take orders for future delivery of the same. (Code 2016)
5-209. Use of streets and sidewalks.
Except when authorized in writing by the city clerk, no peddler, solicitor or canvasser or any other person shall have exclusive right to any location in the public streets for the purpose of selling or soliciting sales, nor shall any person be permitted a stationary location in the public streets, nor shall any person be permitted to operate in the sidewalks and streets within the fire limits of the city or any congested area where his or her operations might impede or inconvenience the public. (Code 2016) ARTICLE 6. MASSAGE THERAPY
5-601. Definitions
For the purpose of this ordinance, the following words shall be considered to have the following meanings:
(a) Business Premises means those premises where a private or public commercial enterprise is conducted, but specifically not to include businesses conducted in a private residence or premises used for joint residential and business purposes.
(b) In-Office Massage means any Massage Therapy performed on the business premises of a massage patron and is restricted to Massage Therapy applied only above the patron’s waist.
(c) Massage Business means any Massage Establishment or Off-Premises Massage Business.
(d) Massage Establishment means any establishment where any person, firm, partnership, association, or corporation primarily engages in or carries on or licenses to be engaged in or carried on any of the activities mentioned in subsection F of this section for compensation. An establishment may operate from a business or corporate location or in the establishment licensee’s home, subject to the requirements of this article.
(e) Massage Therapist means any person whom, for any consideration whatsoever, engages in the practice of massage as defined in this article.
(f) Massage Therapy means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, reflexology, or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniment, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice. Massage therapy does not include the touching in any fashion of a patron's pubic region, human genitals, perineum, anal region, and the area of the female breast that includes the areola and nipple.
(g) Off-Premises Massage means any Massage Therapy performed at a patron’s private residence in the City.
(h) Off-Premises Massage Business means any business, not located in the City, where any person, firm, partnership, association, or corporation engages in or carries on or licenses to be engaged in or carried on any of the activities mentioned in B. or G. of this section for compensation.
(i) Patron means any person who utilizes or receives the services of any establishment subject to the provisions of this article and under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor.
(j) Recognized School means any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of Massage Therapy, which school requires a resident course of study consistent with all the requirements put forth by the National Certification Examination for Therapeutic Massage and Bodywork before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning. 5-602. Massage Business license; required.
No person, firm, partnership, association or corporation shall perform Massage Therapy or operate a Massage Business, as defined in this article, without first having obtained a license from this City. Such license shall be valid only from January 1st to December 31st of each calendar year.
5-603. Massage Business license application; fee; transferability; renewal.
(a) Any person desiring a license to maintain or operate any Massage Business shall make an application to the City Clerk. Such application shall be verified and upon a form prepared by the City Clerk and shall contain:
1. The name, Social Security Number, address, and telephone number of each applicant and any operator;
2. The exact nature of the services to be provided;
3. The proposed place of business and facilities, including evidence of applicant’s ability to secure a lease for the space and contact information for the landlord, where applicable;
4. Written proof that all establishment applicant(s) and all managers are at least 18 years of age by providing a copy of a current state or federal issued form of identification;
5. All stockholders holding more than ten percent of the stock of the corporation, any partner, when a partnership is involved, and any manager;
6. Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application;
7. Fingerprints;
8. The Massage Therapy business license history of the applicant; whether such person, in previously operating in this or another City or State under license, has had such license revoked or suspended, the place and the reasons, and the business activity or occupation subsequent to such action of suspension or revocation;
9. Any criminal convictions, except minor traffic violations, fully disclosing the jurisdiction in which convicted and the offense for which convicted and the circumstances;
10. Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and qualifications of the applicants for the license;
11. A copy of the State of Kansas Certificate of Good Standing, where applicable; and
12. A fully-completed application for a Certificate of Occupancy, where applicable.
(b) In the case of any establishment applicant who intends to personally provide massage therapy services at the establishment, or to personally provide off-premises or in-office massage, each such applicant must also apply for and receive a massage therapist license as provided in this article. (c) Each applicant under this article shall pay an initial filing fee to the City Clerk in an amount set by resolution of the governing body from time to time. Such fee shall not be refundable or prorated.
(d) No Massage Business licenses are transferable, separate or divisible, and such authority as a license confers shall be conferred only on the licensee named therein.
(e) Upon submission of a request for renewal on a form provided by the City and a fee, an expiring massage therapy establishment license may be renewed by the City Clerk if there has been no change in ownership. Such fee will be adopted by the Governing Body by resolution. All requests for renewal must be received by the City at least thirty (30) days prior to the expiration of the license. The City will make reasonable efforts to notify licensees of an upcoming expiration of a license, but the City's failure to provide such notice or the failure to receive such notice shall not relieve the licensee from the requirement to file all required renewal paperwork at least thirty (30) days prior to expiration of the current license.
(f) If the renewal request is not received at least thirty (30) days prior to the expiration, the City Clerk may be unable to process the renewal request prior to the expiration of the license. The renewal form will require a notarized statement that there have been no criminal offenses (except minor traffic violations) charged against the applicant or criminal offenses charged on, against or related to the massage therapy establishment within the preceding twelve (12) months.
(g) No suspended license will be renewed. If a suspended license lapses during a suspension period, a new application for a massage therapist license may only be filed upon the expiration of the period of suspension.
5-604. Massage Business license issuance.
(a) After the filing of an application in the proper form, the City Clerk shall examine the application, and after such examination, shall issue a license for a Massage Business unless the City Clerk finds that:
1. The correct fee has not been tendered to the City, and, in the case of a check or bank draft, honored with payment upon presentation;
2. For a Massage Establishment, the operation, as proposed by the applicant, if licensed, would not comply with all applicable laws, including, but not limited to, the City's building, zoning and health regulations. A Massage Establishment as an accessory use may be licensed in the Commercial, Downtown Commercial, or Residential zoning districts. This section does not apply to an Off-Premises Massage Business.
3. The applicant, if an individual; or any of the stockholders holding more than ten percent of the stock of the corporation, any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, have been convicted of any crime that includes:
i. A person felony, as defined by Kansas law;
ii. A non-person felony, as defined by Kansas law, in the ten (10) years immediately preceding the date of application; iii. Any offense involving sexual misconduct with children;
iv. Any offense under K.S.A. 21-3436 and amendments thereto that is defined as an inherently dangerous felony;
v. Any sex offense that falls under article K.S.A Chapter 21, Article 35 and amendments; and
vi. Any offense under K.S.A. 59-29a02 and any amendments thereto that is identified as an act undertaken by a sexually violent predator.
4. The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the license application or in any document required by the City in conjunction with;
5. The applicant has had a Massage Business license, as defined in this article, or other similar permit or license denied, revoked, or suspended for any of the above causes by the City or any other state or local agency within five (5) years prior to the date of the application;
6. Any establishment applicant or manager has previously been issued a license for an adult entertainment business or escort service, or has been employed by any such establishment.
7. The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, is not over the age of eighteen (18) years;
8. The manager or other person principally in charge of the operation of the business would be ineligible to receive a license under the provisions of this article.
(b) Any license issued under the provisions of this article to the applicant of a Massage Establishment, shall at all times be displayed by the licensee in an open and conspicuous place on the premises where the licensed business is conducted.
(c) Any license issued under the provisions of this article to the applicant of an Off-Premises Massage Business, shall be openly displayed at all times while Massage Therapy services are being rendered to the patron.
5-605. Massage Business license; inspection.
Any massage business license issued under the provisions of this article must be displayed at all times by the licensee in an open and conspicuous place in the massage establishment.
5-606. Massage Business license suspension.
(a) Any license issued for a Massage Business may be suspended by the Governing Body after a public hearing before the Governing Body where it is found:
1. that any of the provisions of this article are violated; or
2. where the licensee or any employee of the licensee, including a Massage Therapist, has been charged with any offense found in Section 5-604 of this article; or 3. in any case, where the licensee refuses to permit any duly authorized Police Officer, Fire Inspector, or the Codes Administration Division of the City to inspect the premises or the operations therein.
(b) The Governing Body, before suspending any license, shall give the licensee at least ten (10) days' written notice of the charges against him and the opportunity for a public hearing before the Governing Body, at which time the licensee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. The decision of the Governing Body or designated representative is final.
(c) A suspension based on a charged criminal offense is effective until a court of competent jurisdiction rules on the criminal offense.
5-607. Massage Business license revocation.
(a) Any license issued for a Massage Business may be revoked by the Governing Body after a public hearing before the Governing Body where it is found:
1. that any of the provisions of this article are violated;
2. or where the licensee or any employee of the licensee, including a Massage Therapist, has been convicted of any offense found in Section 5-604 of this article and the licensee has actual or constructive knowledge of the violation or conviction;
3. or in any case, where the licensee refuses to permit any duly authorized Police Officer, Fire Inspector, or the Codes Administration Division of the City to inspect the premises or the operations therein.
(b) The Governing Body, before revoking any license, shall give the licensee at least ten (10) days' written notice of the charges against him and the opportunity for a public hearing before the Governing Body, at which time the licensee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. The decision of the Governing Body or designated representative is final.
5-608. Massage Therapist license; required.
(a) No person shall perform massage therapy, as defined in this article, in a massage establishment, or in an in-office or off-premises setting, without first having obtained a license therefor, issued by the City. It is unlawful to perform such services unless the license issued is current, unrevoked and not suspended.
(b) A massage therapist must be employed by a Massage Business licensed in the City. A licensed massage therapist must immediately notify the City Clerk in writing, within thirty (30) days, of any change in information concerning the licensee’s original application.
5-609. Massage Therapist qualifications; exemption.
(a) Any person, including an applicant for a massage business license, who engages or intends to engage in the practice of massage therapy as defined in this article, shall upon making application for a license, supply the following: 1. name and address of the recognized school attended,
2. the date attended, and
3. a copy of the diploma or certificate of graduation showing that the applicant has successfully completed a minimum of five hundred (500) hours of instruction in massage therapy.
In lieu of the required five hundred (500) hours, proof that the applicant has passed the National Certification Examination for Therapeutic Massage and Bodywork will be accepted as proof of fulfillment of this requirement of completion of a course of instruction.
(b) Every applicant for a license or a renewal of any said business wishing to practice massage therapy described in this article must have successfully completed certification in American Red Cross first aid and American Heart Association CPR or equivalent.
(c) Individuals licensed with the City as a massage therapist for at least five (5) consecutive years as of the effective date of this article may renew that license notwithstanding an inability or failure to satisfy the minimum education requirements set forth above, and continue to renew such license so long as there are no lapses in active licensure and the individual continues to satisfy all other requirements of this article.
5-610. Massage Therapist license application; fee; transferability; renewal.
(a) Any person desiring a massage therapist license shall make an application to the City Clerk. Such application shall be verified and upon a form prepared by the City Clerk and shall contain:
1. Name, Social Security Number, address, and telephone number;
2. Applicant's weight, height, color of hair and eyes, and fingerprints;
3. Written evidence that the applicant is at least eighteen (18) years old;
4. Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application;
5. Whether such person has ever been convicted of any crime except minor traffic violations; if any person mentioned in this subdivision has been so convicted, a statement must be made giving the place and court in which the conviction was obtained and the sentence imposed as a result of such conviction;
6. The position or function the applicant is being hired to perform within such massage business;
7. A copy of a valid government-issued identification card;
8. The licensed massage business where the therapist will be employed;
9. Authorization for the City, its agents, and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and qualifications of the applicant for the license; and 10. Proof of satisfaction of the massage therapist qualifications set forth in this article.
(b) Each applicant under this article shall pay an initial filing fee to the City Clerk in an amount set by resolution of the governing body from time to time. Such fee shall not be refundable or prorated.
(c) No massage therapist licenses are transferable, separate or divisible, and such authority as a license confers shall be conferred only on the licensee named therein.
(d) In the case of any establishment applicant who intends to personally provide massage therapy services at the establishment, or to personally provide off-premises or in-office massage, each such applicant must also apply for and receive a massage therapist license as provided in this article.
(e) Upon submission of a request for renewal, on a form provided by the City, and a fee, an expiring massage therapist license may be renewed by the City Clerk. Such fee will be adopted by the Governing Body by resolution. All requests for renewal must be received by the City at least thirty (30) days prior to expiration of the license. The City will make reasonable efforts to notify licensees of an upcoming expiration of a license, but the City's failure to provide such notice or the failure to receive such notice shall not relieve the licensee from the requirement to file all required renewal paperwork at least thirty (30) days prior to expiration of the current license. If the renewal request is not received at least (30) days prior to expiration, the City Clerk may be unable to process the renewal request prior to the expiration of the license. The renewal form will require a notarized statement that the applicant has not been charged with any criminal offense (except minor traffic violations) within the preceding twelve (12) months.
(f) No suspended license will be renewed. If a suspended license lapses during a suspension period, a new application for a massage therapist license may only be filed upon the expiration of the period of suspension.
5-611. Massage Therapist license issuance.
The City Clerk shall issue a Massage Therapist license within twenty-one (21) days following application unless he/she finds that:
1. The applicant for the Massage Therapist license has been convicted of:
2. A person felony, as defined by Kansas law;
3. A non-person felony, as defined by Kansas law, in the ten (10) years immediately preceding the date of application;
4. An offense involving sexual misconduct with children;
5. Any offense under K.S.A. 21-3436 and amendments thereto that is defined as an inherently dangerous felony;
6. Any sex offense that falls under K.S.A. Chapter 21, Article 35 and amendments thereto; and
7. Any offense under K.S.A. 59-29a02 and any amendments thereto that is identified as an act undertaken by a sexually violent predator. (b) The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the license application or in any document required by the City in conjunction therewith;
(c) That the correct license fee has not been tendered to the City, and in the case of a check or bank draft, honored with payment upon presentation;
(d) In the case of a Massage Therapist, that the applicant has not successfully completed a resident course of study or learning from a recognized school under the provisions of this article.
5-612. Massage Therapist license; inspection.
All or any employees issued a license by the City Clerk under the provisions of this article shall, at all times when providing Massage Therapy subject to the provisions of this article, have in the possession a valid Massage Therapist’s license.
5-613. Massage Therapist license suspension.
(a) Any license issued for a Massage Therapist may be suspended by the Governing Body after a public hearing before the Governing Body where it is found:
1. that any of the provisions of this article are violated; or
2. where the licensed Massage Therapist has been charged with any offense found in Section 5-610 of this article; or
3. in any case, where the licensee refuses to permit any duly authorized Police Officer, Fire Inspector, or the Codes Administration Division of the City to inspect the premises or the operations therein.
(b) The Governing Body, before suspending any license, shall give the licensee at least ten (10) days' written notice of the charges against him and the opportunity for a public hearing before the Governing Body, at which time the licensee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. The decision of the Governing Body or designated representative is final.
(c) A suspension based on a charged criminal offense is effective until a court of competent jurisdiction rules on the criminal offense.
5-614. Massage Therapist license revocation.
(a) Any license issued for a Massage Therapist may be revoked by the Governing Body after a public hearing before the Governing Body where it is found:
1. that any of the provisions of this article are violated; or
2. where the licensed Massage Therapist, has been convicted of any offense found in Section 5-610 of this article and the licensee has actual or constructive knowledge of the violation or conviction; or
3. in any case, where the licensee refuses to permit any duly authorized Police Officer, Fire Inspector, or the Codes Administration Division of the City to inspect the premises or the operations therein. (b) The Governing Body, before revoking any license, shall give the licensee at least ten (10) days' written notice of the charges against him and the opportunity for a public hearing before the Governing Body, at which time the licensee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. The decision of the Governing Body or designated representative is final.
5-615. Student Massage Therapist.
An individual actively enrolled in and currently attending classes in a course of instruction in the theory, method or practice of massage, may provide massage therapy as a practicum component of the training program, provided the following conditions are met:
(a) The massage therapy is under the supervision of a licensed massage therapist. For the purposes of this Section, supervision means the supervising therapist is observing the student providing massage therapy on a patron.
(b) All advertisements for massage therapy that will be provided by a student must clearly inform the patron that the massage therapy will be provided by a student under the supervision of a licensed massage therapist.
(c) Prior to providing massage therapy, the student massage therapist will require the patron to sign an acknowledgment that he/she has been informed the massage therapy will be provided by a student under the supervision of a licensed massage therapist. These acknowledgment documents will be maintained by the supervising massage therapist for a period of one (1) year and will be produced at the request of any health official or police officer.
(d) All student massage therapy must occur at a licensed massage establishment in the Commercial or Downtown Commercial zoning districts or as a component of Off-Premises or In-Office Massage Therapy.
(e) No student massage therapist may receive any consideration whatsoever for providing massage therapy.
(f) Concurrent with these special restrictions, the student must comply with all parts of Chapter 5- 619 regarding the behavior, activities and restrictions of Massage Therapy employees.
5-616. Massage Establishment regulations.
(a) The operation of any massage therapy establishment will be subject to the following regulations:
1. The licensee will have the massage therapy establishment supervised at all times when open for business by himself/herself or an operator. The licensee or operator will personally supervise the establishment and will not violate or permit others to violate any applicable provision of this Chapter.
2. Every licensee will at all times be responsible for the conduct of business on the licensed massage therapy establishment premises and for any act or conduct of an operator, massage therapist or employee, which constitutes a violation of the provisions of this Chapter. Any violation of the city, state or federal laws committed on the licensed premises by any licensee, operator, massage therapist or employee affecting the eligibility or suitability of the licensee to hold a license, may be grounds for suspension or revocation of same.
3. The massage therapy establishment will be closed and operations will cease between the hours of 10:00 pm and 6:00 am.
4. No alcoholic or cereal malt beverages, nor the possession or consumption thereof, will be allowed in or upon the massage therapy establishment premises.
5. All licensees, operators, massage therapists and employees will wear outer garments while at the establishment. Diaphanous or transparent clothing is prohibited. All licensees, operators, massage therapists and employees must be fully-clothed at all times.
6. A licensed establishment must be kept clean and operated in a sanitary manner.
7. A patron’s pubic region, genitals, perineum, anal region, and/or the female breast must be covered at all times by opaque towels, sheets, cloths or undergarments when in presence of a licensee, operator, massage therapist or employee.
8. Any contact by a licensee, operator, massage therapist or employee with a patron’s pubic region, genitals, perineum, anal region, and/or the female breast is prohibited.
9. Clean, laundered sheets and towels will be provided to patrons for use. Such items will be laundered after each use thereof and stored in a sanitary manner.
10. Wet and dry heat rooms, showers, and other bathing compartments, and toilet rooms will be thoroughly cleaned each day the massage therapy establishment is in operation. Bathtubs or individual soaking areas will be thoroughly cleaned after each use.
11. Table showers are strictly prohibited.
12. Toilet facilities shall be provided in convenient locations. When five (5) or more Massage Therapists and patrons of different genders are on the premises at the same time, multiple toilet facilities shall be provided.
13. Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap in a dispenser and with sanitary towels.
14. All massage therapy establishments and/or operators of massage therapy establishments will keep and maintain on the premises a current register of all massage therapists showing each individual’s name, home address, telephone number, license number and a copy of the therapist’s license and government-issued identification. Such register will be open to inspection during business hours by any health official or police officer.
15. All operators of a massage therapy establishment will keep a daily register at the massage therapy establishment of all patrons listing the location type, each patron's first and last name, home address or phone number. All registers maintained pursuant to this provision shall be open for inspection by any City representative with consent, exigency, or pursuant to an administrative search order or subpoena. Each year's register shall be kept on file for one (1) year after the completion of the year.
16. No massage therapy establishment operator or employee will place, publish, distribute or cause to be placed, published or distributed, any advertisement offering or suggesting the availability of any service which is either prohibited or not authorized under this article.
17. No individual shall reside, inhabit or otherwise sleep overnight at an establishment with the exception of a licensee who operates an establishment in his/her home or residence. With respect to licensees who operate an establishment out of his/her home or residence, no individual living in the home or residence shall reside, inhabit or otherwise sleep in the portion of the home or residence that is devoted to the practice of massage therapy.
18. No operator or employee will permit the provision, offer to provide or provide to any patron any service with the intent to arouse or gratify the sexual desires of the operator, massage therapist, employee or patron.
19. An establishment can be operated from the massage therapist's home or residence provided that the location is properly licensed as a massage establishment and otherwise complies with this article and the City's home occupation requirements set forth in Section 7 of the City’s zoning regulations.
(b) The City Clerk may, after a public hearing make and enforce reasonable rules and regulations not in conflict with, but to carry out, the intent of this article.
5-617. Off-Premise Massage Business regulations.
(a) The operation of any Off-Premise Massage Business shall be subject to the following regulations:
1. Massage Therapy performed at a patron’s residence is limited to the hours between 6:00 am and 9:00 pm.
2. No service shall be given which is clearly dangerous or harmful in the opinion of the Director of the County Department of Health to the safety or health of any person, after such notice in writing to the licensee from such director;
3. All businesses licensed under the provisions of this article shall at all times be responsible for the conduct of any Massage Therapist and any act which constitutes a violation of the provisions of this article; any violation of the City, state, or federal laws committed by any such licensee or Massage Therapist affecting the eligibility or suitability of such person to hold a license may be grounds for suspension or revocation of the Massage Therapist License or Massage Business License;
4. All Massage Therapists shall be clean and wear clean outer garments which use is restricted to the licensed Massage Business.
5. All Massage Therapists must be modestly attired; diaphanous, flimsy, transparent, form fitting, or tight clothing is prohibited; clothing must cover the Massage Therapists’ chests at all times; hemlines of skirts, dresses, or other such attire may be no higher than the top of the knee; 6. The private parts of patrons must be covered by towels, cloths, or undergarments when in the presence of a Massage Therapist; any contact with a patron's genital area is strictly prohibited; and
7. All licensed establishments, when applicable, shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in approved, sanitary manner
(b) The City Clerk may, after a public hearing make and enforce reasonable rules and regulations not in conflict with, but to carry out, the intent of this article.
5-618. In-Office Massage regulations.
The authority granted a licensee for In-Office massage is limited to the authority to conduct Massage Therapy on the business premises of the licensee’s patrons. In-Office Massage Therapy is limited to the area above the patron’s waist.
5-619. Massage Therapist regulations; patron register.
Massage therapists are subject to the following regulations when providing services:
(a) The massage therapist will not violate any applicable provision of this Chapter.
(b) Massage Therapy is limited to the hours between 6:00 am and 9:00 pm.
(c) A massage therapist will not consume any alcoholic or cereal malt beverages during business hours or while providing massage therapy.
(d) Any violation of the city, state or federal laws committed by a therapist affecting his/her eligibility or suitability to hold a license may be grounds for suspension or revocation of same.
(e) All massage therapists shall be clean, and wear clean, modest outer garments while providing massage therapy. Diaphanous or transparent clothing is prohibited. The massage therapist must be fully-clothed at all times.
(f) A patron’s pubic region, genitals, perineum, anal region, and the female breast must be covered at all times by opaque towels, sheets, cloths or undergarments when in the presence of the massage therapist.
(g) Any contact by a massage therapist with a patron’s pubic region, genitals, perineum, anal region, and/or the female breast is prohibited.
(h) Table showers are strictly prohibited.
(i) A massage therapist will not provide or permit any massage therapy to be provided to a patron under the age of eighteen (18) unless the patron is accompanied to the massage therapy establishment by a parent or legal guardian, and the parent or legal guardian authorizes the massage therapy in writing.
(j) No massage therapist will place, publish, distribute or cause to be placed, published or distributed, any advertisement offering or suggesting the availability of any service which is either prohibited or not authorized under this article. (k) A massage therapist will notify the City Clerk of any change in massage therapy establishment employment within thirty (30) calendar days of the change.
(l) No massage therapist will permit the provision, offer to provide or provide to any patron any service with the intent to arouse or gratify the sexual desires of the massage therapist or patron.
(m) All therapists shall keep and maintain a register of services provided as in-clients' office or in- clients' home massage, listing the location type, each patron's first and last name, home address or phone number. All registers maintained pursuant to this provision shall be open for inspection by any City representative with consent, exigency, or pursuant to an administrative search order or subpoena. Each year's register shall be kept on file for one (1) year after the completion of the year.
5-620. Inspections; prior-to and during operations. w
(a) Prior to approval of an establishment application, the City will conduct a Health and Safety inspection of the final establishment set up. The City will confirm that the establishment set up complies with the requirements of this article.
(b) In addition and as applicable, a building and/or fire safety inspection will be conducted of the premises. The license will not be approved, and the establishment will not be able to conduct business, until and unless the establishment has successfully completed all required inspections within ninety (90) days of filing the application. If all inspections are not successfully completed within this timeframe the application will be denied.
(c) If an inspection is scheduled and the establishment applicant (or representative) fails to be present, a re-inspection fee will be assessed.
(d) Once a massage business is in operation, City representatives may, from time to time, conduct an inspection of each licensed establishment, or into In-Office or Off-Premises locations where a therapist provides services in this City, for the purposes of determining that the provisions of this article are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. Prior notice of the City's intention to conduct such inspections is not required. It shall be unlawful for any licensee to fail to allow immediate access to the premises or to hinder an inspection in any manner, and any such behavior by the licensee or manager shall result in revocation or suspension of the establishment license.
5-621. Otherwise licensed businesses.
Businesses which provide massage therapy services as an accessory service to the predominant business purpose of the establishment, and which are categorized and qualified to operate by the City under a different business license type, must complete and provide all documentation required of a massage therapy establishment. Otherwise licensed businesses will be subjected to annual inspections of the business to ensure they are in compliance with this Chapter. Otherwise licensed business will not be subject to any establishment fees other than reinspection fees.
5-622. Change of location; employment.
For up-to-date recordkeeping, a massage therapist shall notify the City of any change in employment within thirty (30) calendar days of the change. This shall include a change in the therapist's employer, or the addition or reduction of location types (i.e. establishment, In-Office, or Off-Premises). The therapist will be required to get a new license from the City and pay all applicable fees.
If a licensee desires to change the location of the massage therapy establishment, the licensee will file an application with the City Clerk providing the same information relating to the proposed location as in the case of an original application. If the application is in proper form and complies with applicable zoning requirements of the UDO and all other requirements relating to the massage therapy establishment are met, a new license will be issued for the new location for the balance of the year for which a current license is held by the licensee. The licensee will be required to get a new license from the City and pay all applicable fees.
5-623. Exceptions.
The provisions of this article shall not apply to the following:
(a) Medical doctors, chiropractors, osteopaths, physical therapists, nurses, barbers, and cosmetologists as to massage of the scalp, who are licensed to practice their respective professions in Kansas or who are licensed to practice temporarily under the auspices of an associate or establishment duly licensed in Kansas while in the course of their licensed business or profession.
(b) Services provided in a hospital, nursing home, assisted living facility, or sanitarium. ARTICLE 7. MOBILE FOOD VENDORS 5-701. Definitions.
For the purpose of this ordinance, the following words shall be considered to have the following meanings:
(a) Mobile Food Vendor shall mean any person, corporation, association, or other entity, however organized, that offers any food or beverage for sale from a Mobile Food Unit.
(b) Mobile Food Unit shall mean any self-contained vehicle, trailer, cart, wagon, or other type of conveyance from which any food and/or beverage is offered for sale.
(c) City-Approved Event shall mean any event sanctioned by a Permit issued by the City, including but not limited to a Special Event Permit. (Code _____)
5-702. Licenserequired.
It shall be unlawful for any person to engage in any of the activities defined in the preceding sections of this ordinance, within the corporate limits of the city without then having an unrevoked and unexpired license therefor in his or her possession and issued by the City Clerk. (Code _____)
5-703. Same; application required.
Before the City Clerk may issue any license required by this ordinance, he or she shall require an application in writing on a form to be supplied by the City Clerk which shall give the following information:
(a) Full legal name and date of birth of applicant;
(b) Name under which the Mobile Food Unit does business (dba name) and, if applicable, the registered name of the legal entity owning the Mobile Food Unit;
(c) Permanent address, business mailing address, email address, and telephone number of applicant;
(d) Proof of a valid driver’s license for operation of the class of vehicle or vehicles identified in the application to be used in the business for the applicant and any agents or employees of the applicant who will be involved in driving the identified vehicle or vehicles;
(e) Identification of vehicle used by applicant in conducting his or her business including the name and address of the owner; the type, make, and vehicle identification number; license plate number; and a photograph of the Mobile Food Unit;
(f) A brief description of the nature of the business to be carried on or the goods to be sold and the length of time such applicant has been engaged in the business;
(g) Proof of valid Kansas food truck sales tax registration certificate;
(h) Proof of valid Kansas Food Service Establishment License, when applicable; (i) Proof of general liability insurance in the amount of $500,000 or more;
(j) A statement that when the Mobile Food Unit associated with the license application herein is not in use, it will be stored or parked in compliance with all ordinances and regulations of the City of Eudora and that failure by the applicant to legally store the Mobile Food Unit may result in the suspension or revocation of the applicant’s license;
(k) A statement that no person whose duties include working upon the premises of the Mobile Food Unit is a registered sex offender, and that applicant has, subject to audit, performed the necessary background check of all such persons to ensure that the statement is correct.
(l) The applicant's signature acknowledging that he or she is familiar with the provisions of this chapter and is complying and will comply with all requirements set forth within; and that all of the information provided in the application is true and correct. (Code _____)
5-704. Same; license fee.
At the time of filing the application, each applicant under this article shall pay an initial filing fee to the City Clerk in an amount set by resolution of the governing body from time to time. Such fee shall not be prorated or refunded for any reason, including denial of an application or revocation of a license.
(Code _____)
5-705. Term; copies issued and transferability.
(a) Licenses issued under this ordinance shall be valid for a period not to exceed one year and shall expire on December 31 of the year in which it is issued.
(b) In the event that a licensed Mobile Food Vendor begins using a Mobile Food Unit that was not identified in an application for the Mobile Food Vendor’s License, the Mobile Food Vendor shall, before using said Mobile Food Unit, present to the City Clerk a photograph of the Mobile Food Unit, the license plate number, and a copy of the original Mobile Food License. Upon receipt of that information, the City Clerk shall issue to the licensee an official copy of the Mobile Food License for the new Mobile Food Unit.
(c) No Mobile Food Vendor’s License issued in accordance with the provisions of this ordinance shall be used by any person other than the person, corporation, association, or other entity, however organized, to whom it was issued. (Code _____)
5-706. Denial, revocation or suspension of license; notice.
(a) The City Clerk or Chief of Police may deny any application, or may revoke, or suspend for a period of not to exceed 30 days, any license issued under this ordinance, for any of the following causes: (1) Fraud, misrepresentation or false statement contained in the application for license.
(2) Fraud, misrepresentation or false statement made in the course of carrying on the business.
(3) Any violation of this ordinance.
(4) Conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the city.
(5) The applicant has had a Mobile Food Vendor’s License revoked by the City for any reason within two years prior to the application date.
(b) Notice of the denial, revocation or suspension of a license shall be given in writing to the applicant or mailed to his or her last known address and the City Clerk shall set forth the grounds of such denial, revocation or suspension. (Code _____)
5-707. Appeal to governing body.
(a) Any person aggrieved by the action of the Chief of Police or City Clerk in the denial of an application or revocation or suspension of a license as provided in this ordinance, shall have the right of appeal to the governing body.
(b) Such appeal shall be taken by filing with the City Clerk within 14 days after notice of revocation, suspension or denial of the license has been given to or mailed to such applicant's last known address and setting forth the grounds for appeal.
(c) The governing body shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided herein for notice of denial, revocation or suspension.
(d) The decision and order of the governing body on such appeal shall be final and conclusive. (Code _____)
5-708. Regulations.
(a) It shall be unlawful for any licensee to make false or fraudulent statements concerning the quality of nature of his or her goods, wares and merchandise for the purpose of inducing another to purchase the same.
(b) Licensees are required to exhibit their license in a conspicuous place inside the vehicle used for mobile food vending at all times that the Mobile Food Unit is engaged in any of the activities licensed by this Article. Such license must be current and may be used only by the licensee.
(c) Mobile Food Vendors are prohibited from operating during the hours of 12:00 a.m. (midnight) to 6:00 a.m.
(d) Signage mounted on the side of a Mobile Food Unit shall not exceed the dimensions of the Unit by more than one (1) foot in any direction and any separate signs shall be compliant with the provisions of the City’s zoning regulations relating to signage. (e) No flashing lights are permitted on the Mobile Food Unit. No direct light from a Mobile Food Unit may be shined on adjacent property or cause a glare or distraction for vehicles, bicycles, or pedestrians.
(f) The exterior of all Mobile Food Units shall be maintained in good repair, shall be sound, shall be free from peeling or flaking paint, and shall be clean and sanitary so as not to pose a threat to the public health, safety, and welfare.
(g) All mobile food vendors are subject to on-site fire safety inspections and shall comply with the following requirements:
(1) General Safety & Cooking Operations
A. Portable fire extinguishers have been properly selected and installed in the kitchen cooking areas;
B. Where solid fuel cooking appliances produce grease laden vapors, appliances shall be protected by listed fire extinguishing equipment;
C. A working carbon monoxide detector is present;
D. Cooking equipment shall not be left unattended while still hot;
E. Cooking equipment shall be operated when all windows, service hatches, and ventilation sources are fully opened; and
F. Cooking equipment and ventilation system shall be kept clean by regularly removing grease.
(2) Vehicle Power
A. Engine-driven powered vehicles shall require 10ft clearance in all directions from openings and air-intakes as not to accumulate exhaust; and
B. Engine-driven powered vehicles shall direct exhaust away from all buildings.
(3) Cooking Fuels
A. When using propane, main gas shutoff for all containers is readily accessible and portable gas containers are in the upright position and secured to prevent tipping over; and
B. When using solid fuel, ash, cinders, and other fire debris should be removed from the firebox at regular intervals and at least once a day; and removed ashes, cinders, and other removed fire debris should be placed in a closed metal container with at least three feet clearance from any combustible materials. (Code _____)
5-709. Location; use of streets and sidewalks.
Mobile food vendors may vend on property within the city subject to the following: (a) Mobile Food Vendors may not be parked or operate on public or private property where the Unit, signage, a line of customers or any other aspect of the Unit’s operation would: (1) hinder the flow of traffic on any street, (2) hinder the flow of bicycles within any bike lane or route, (3) hinder the flow of pedestrians along any sidewalks, (4) block or reduce to less than five (5) feet in width any accessible route to persons with disabilities, or (5) block or obstruct access to any driveway or access point to any property. Provided, however, this provision shall not apply when a Mobile Food Unit is operating on a street that is closed pursuant to a valid Special Event Permit, subject to Chapter 5 Article 4 of this Code.
(b) For fire safety purposes, a Mobile Food Unit that is utilizing flammable liquids or gases shall maintain a minimum separation distance of ten (10) feet from any other Unit and a minimum separation distance of ten (10) feet from any building openings such as doors and windows.
(c) No Mobile Food Vendor shall vend on public property within 150 feet as measured from the front door of any restaurant which is open for business unless authorized in writing by the owner or manager of any such restaurant. Such written authority to operate within 150 feet of a restaurant or restaurants shall be maintained on the premises of the Mobile Food Unit at all times it is operating pursuant thereto and produced upon request by the Chief of Police or designee or other public officer authorized to enforce the provisions of this Article.
(d) No Mobile Food Vendor shall vend on public property within 500 feet of the location for which a community event permit has been issued during the hours of the event as specified in the event permit, unless authorized in writing by the event promoter. Distance shall be measured from the boundary of the event footprint nearest to the location proposed to be used for mobile food vending. Any written authority to operate within 500 feet of a community event shall be maintained on the premises of the Mobile Food Unit at all times it is operating pursuant thereto and produced upon request by the Chief of Police or designee or other public officer authorized to enforce the provisions of this Chapter.
(e) Every Unit shall be stationary while vending.
(f) Whenever any vehicle is used for mobile food vending upon a street, alley, sidewalk or other public right-of-way within the City, such vehicle must be legally parked and no Mobile Food Vendor shall sell any food to any person standing in the street. Within the Downtown Commercial zoning district, parallel parking in angled spots is permitted provided consent is received from the property owner, manager, tenant or other person in charge of all properties within 50 feet of the Mobile Food Unit. Provided, however, this provision shall not apply when a Mobile Food Unit is operating on a street that is closed pursuant to valid Special Event Permit, subject to Chapter 5 Article 4 of this Code.
(g) All Mobile Food Vendors operating on private property or on public property other than public right-of-way shall acquire the written permission of the property owner, manager, tenant or other person in charge of the property allowing the use and location of the Mobile Food Unit on said property. For public property owned by the City of Eudora, written permission shall be obtained from the City Manager or designee. Any written permission required by this subsection shall be kept on the premises of the Mobile Food Unit and produced upon request by the Chief of Police or designee or other public officer authorized to enforce the provisions of this Article.
(h) The City may, subject to the Use Permitted Upon Review process as stated in Section 6 of the City’s zoning regulations, approve a Mobile Food Unit as a permanent or seasonal element of a site upon such application to the Codes Administrator.
(i) Whenever a Mobile Food Vendor operates on streets classified as residential, written permission shall be obtained from the City Manager or designee prior to parking and selling. (Code _____)
5-710. Right tocloseorrelocateaMobileFood Vendor.
Any law enforcement officer has the right to close down or request a Mobile Food Unit to relocate, where, in the opinion of such officer, the Mobile Food Unit is causing or contributing to an imminent public safety hazard. Such hazards shall include, but not be limited to, situations where the operation of a Mobile Food Unit is causing a traffic hazard, a fire hazard, is impeding free or uninterrupted passage of vehicles and/or pedestrians upon public streets, sidewalks, or alleyways, selling food or beverages that are not safe for human consumption or operating a Mobile Food Unit without the license required by this Article. (Code _____) City of Eudora, Kansas
City Manager’s Office
Memorandum
To: Mayor and City Commission From: Leslie Herring, Assistant City Manager Branden Boyd, Public Works Director Jimmy Kegin, Interim Parks & Recreation Director Date: April 22, 2019 Re: 2019 Sales Tax & CIP 4-Mill Projects: Parks & Recreation and Public Works
Background
During this work session, staff will present recommendations for 2019 expenditures from the ¾ cent sales tax and the 4-mill dedicated to infrastructure. These funding sources cover Parks & Recreation and Public Works projects, with a Public Works focus this year on street maintenance. A summary of those projects, historical data around the use of both funding streams, and the proposed impact to the funding streams in 2019 is detailed below and will be elaborated upon during the work session.
Parks & Recreation
This year, the following Parks & Recreation projects are proposed for funding in 2019:
South Sports Complex annual allocation $150,000
The 2019 allocation is the second of four set aside for the funding of the South Sports Complex. This project is on target for construction in 2021 and for fields to be ready for play in 2022. The level of funding targeted for this project is anticipated to cover basic field grading and seeding and field irrigation.
Bluejacket Trail: Phase II $159,684
This 10’ concrete shared use path is designed to link the trail in Bluejacket Park to the West Sports Complex and then to the Winchester Estates and Wakarusa Ridge Estates neighborhoods along Winchester Rd. KDOT awarded the City 80%/20% matching funds for the trail construction. Design and utility relocations are planned for 2019 with full trail construction slated for 2020.
Lucy Kaegi Park Project $211,702
The Lucy Kaegi playground renovation and parking addition was approved by the City Commission in 2018 and construction has extended into 2019. The parking addition was anticipated to be bid and constructed in 2019 and staff intends to bid that work with the streets project(s) in an effort to obtain lower bids based on increased materials quantities and consolidated fixed costs of contractors (e.g. mobilization, traffic control, etc.)
Page 1 Lucy Kaegi Trail Design $7,000
The City Commission expressed interest in building out a trail around the baseball fields at Lucy Kaegi. After receiving an engineer’s estimate for that trail alignment, staff proposes doing the design work in 2019 and anticipating trail construction as early as 2020. To fund the trail design cost, staff proposes using funds from the Park Impact Fund.
Public Works: Streets
The following streets projects are proposed for funding in 2019:
Section D Mill & Overlay (2019 rotation) $266,994.35
Section D of the Pavement Management Program covers: Peach St., E. 12th St from Sandusky to E 13th Ct., Sandusky, Alder Ct., and Willow St. This Section D is the next section on the rotation in the program introduced by staff in 2018. The work in this section will include full-depth patching and curb replacement in addition to the street work.
Chip Seal: Section 4 Curb & Gutter (2019 rotation) $79,589.20 Section 4 Chip Seal (2019 rotation) $40,029.83 Section 3 Chip Seal (2018 rotation) $24,600.74
Due to staff capacity and time constraints in 2018, city crews were not able to complete Section 3 of the chip seal program; however, the curb and gutter replacement in this section was completed as that work was performed by an outside contractor. In 2019, staff intends to chip seal Sections 3 and 4 of the plan, which will put the City back on target for street maintenance on chip sealed streets. Also in 2019, staff will perform the planned curb and gutter replacement in Section 4 and intends to roll that into the bid package for the mill & overlay program.
Patching & Pothole Repair $42,693.75 Winchester Rd. Reconstruction K-10 to 20th St. $130,858.50
Due to the 2018/2019 winter weather, Eudora’s streets (as well as the streets of our neighboring cities) deteriorated at higher rates and quicker than was anticipated. Due to these unforeseen conditions and the impact on our roads, staff is recommending funding additional road work that cannot be deferred without incurring more significant consequences. Over the past couple months, potholes and pavement crumbling have popped up all around the city and will continue to persist in number and intensity unless proper, immediate attention is paid.
8th & Church Intersection Design $20,000 9th & Church Intersection Design $17,000
The intersections of 8th and 9th Street along Church St. have persistent drainage and functionality issues. Staff proposes focusing on these intersections in the immediate future but, due to budget constraints and timelines, proposes addressing the project in phases – focusing on the design (engineering) of these intersections in 2019 and planning construction in 2020, as allowed by the budget. Improvements are expected to include sidewalk replacement, utility work, and road work.
Page 2 Proposed Comprehensive Funding Approach 2019 P&R Projects
South Sports Complex Annual Allocation 150,000.00 *annual allocation Bluejacket Park Project 159,684.00 *city portion of grant award Lucy Kaegi Park Project 211,702.00 *proposed Lucy Kaegi Park Phase II Trail Design 7,000.00 *proposed 2019 Total P&R Projects $ 528,386.00 2019 3/4 Sales Tax Summary CIP Fund: 3/4 Sales Tax Revenue Notes 3/4 Sales Tax Revenue 2015 - 2018 921,052.63 2019 Estimated 3/4 Sales Tax Revenue 310,000.00 2019 Interest on South Sports Complex CD 1,018.30 $ 1,232,070.93 Project Expenditures Paschal Fish Park Project 17,327.32 completed P&R Plan-Survey Project 29,868.74 completed South Sports Complex Design 22,834.54 completed South Trail Phase II Project 122,864.79 completed Sidewalk Engineering Estimates 2,250.00 completed Park Aesthetics Project 15,000.00 completed South Sports Complex Annual Allocation 301,018.30 *2018, 2019, and interest Lucy Kaegi Park 211,702.00 *approved in 2018 to be completed in 2019 Lucy Kaegi Park Phase II Trail Design 7,000.00 *proposed - park impact Bluejacket Trail 159,684.00 *proposed Winchester Road (K-10 to 20th St.) 130,858.50 *proposed $ 1,020,408.19
2019 Estimated 3/4 Sales Tax Ending Balance $ 211,662.74
Page 3 2019 Street Projects
Section D Mill & Overlay 266,994.35 *2019 rotation Section 4 Curb & Gutter 79,589.20 *2019 rotation Section 4 Chip Seal 40,029.83 *2019 rotation Section 3 Chip Seal 24,600.74 *2018 rotation Pot Hole Repair (via milling & paving) 42,693.75 *proposed Winchester Road (K-10 to 20th St.) 130,858.50 *proposed 8th & Church Design 20,000.00 *proposed 9th & Church Design 17,000.00 *proposed 2019 Total Street Projects $ 621,766.37
2019 CIP 4-Mill Summary CIP 4-Mill Revenue Notes 2017 & 2018 4-Mill Revenue 329,590.00 2019 4-Mill 177,064.00 $ 506,654.00
Project Expenditures 2018 Street, Curb, & Gutter 250,000.00 *completed Well #10 Project Equipment Rental 9,000.00 *to be utilized in 2019 Section 4 curb and gutter and section 4 chip seal 67,619.03 *proposed Section D Mill & Overlay 26,994.35 *proposed - close funding gap Pot Hole Repair (via milling & paving) 29,993.75 *proposed 9th & Church St. Design 17,000.00 *proposed $ 400,607.13
2019 Estimated 4-Mill Ending Balance $ 106,046.87
Page 4 2019 CIP Fund Projects
CIP Fund revenue sources: sales tax, special hwy and 4-mill Revenue Notes 2017 & 2018 4-Mill Revenue 329,590.00 2019 4-Mill 177,064.00 Special Highway Fund - funding 349,300.74 *transfer in 3/4Sales Tax - funding 130,858.50 *proposed transfer in $ 986,813.24
Project Expenditures 2018 Street, Curb, & Gutter 250,000.00 *completed Section D Mill & Overlay 266,994.35 *2019 rotation Section 4 Curb & Gutter 79,589.20 *2019 rotation Section 4 Chip Seal 40,029.83 *2019 rotation Section 3 Chip Seal 24,600.74 *2018 rotation Well #10 Project Equipment Rental 9,000.00 *to be utilized in 2019 Pot Hole Repair (via milling & paving) 42,693.75 *proposed Winchester Road (K-10 to 20th St.) 130,858.50 *proposed 8th & Church Design 20,000.00 *proposed 9th & Church Design 17,000.00 *proposed $ 880,766.37
2019 Estimated CIP Fund Ending Balance $ 106,046.87
2019 Bid for Work
Following Commission consideration, staff is prepared to request bids for the following package:
o Section D Mill & Overlay; o [Chip Seal] Section 4 Curb & Gutter; and o Lucy Kaegi Parking Addition.
Staff intends to immediately publish the bid package as approved by the City Commission and has created a timeline that will allow for the bid opening to occur prior to the next regular City Commission meeting on May 13th and for Commission consideration of the bids at that May 13th meeting.
Page 5 2019 Sales Tax & CIP 4-Mill: Parks & Recreation & Streets Projects
April 22, 2019 City Commission Work Session 2019 Parks & Recreation
South Sports Complex Annual Allocation
Bluejacket Trail: Phase II
Lucy Kaegi Park Renovation South Sports Complex
Construction: 2021 Open for Play: 2022 Bluejacket Trail: Phase II
KDOT Transportation Alternatives Program 80/20 funding match
2019 Design & Engineering
2020 Construction
Will fill a missing link on the west side of the city
.6 mile 10’ shared use bike/pedestrian concrete path Lucy Kaegi Park Renovation
Parking 2019
Trail Design: 2019 Construction: 2020 Streets Projects
2018 Scheduled Maintenance Chip Seal: Section 3
2019 Scheduled Maintenance
Curb & Gutter Mill & Overlay: Chip Seal: Replacement: Section D Section 4 Chip Seal Section 4
2019 Proposed Additions
Design: Reconstruction: Patching & Winchester Rd. Pothole Repair Church St. at 8th & 9th (K-10 to 20th St.) Chip Seal
Section 3 deferred from 2018
Section 4 scheduled for 2019
24,657 LF road repaired
1,976 LF curb replaced
89 signs replaced Mill & Overlay
E: II Section D is next on the list (A – C F D completed in 2018) E: I C B 4,670 LF of 2” Mill & Overlay along G M H with full depth patching 2,480 LF curb & gutter replaced A 100 LF sidewalk replaced K 32 signs replaced J I L Spot Maintenance
Pothole repair
Patching
Crack seal Church St. at 8th & 9th
8th Street intersection has significant storm drainage issues
9th Street intersection has a dip caused by compaction above a sewer line running underneath
Proposal to design the improvements of those intersections in 2019 in anticipation of 2020 construction
The improvements are expected to include sidewalk replacement, utility work, and road work Road Reconstruction
The Winchester Road sub-grade, South of K-10 to 20th Street, is failing due to the recent winter weather. This section of sub-grade has never been addressed and improved. The large number of sub-grade failures is beyond patching and dura-patching, and needs more extensive treatment moving forward.
+/- 885 LF of road reconstruction
+/- 1,400 LF ditch grading