Members of the Governing Body will participate by video call-in only due to the COVID-19 pandemic. The public will be able to view the meeting at https://www.facebook.com/CityofPrairieVillage
COUNCIL MEETING AGENDA CITY OF PRAIRIE VILLAGE Council Chambers Monday, November 16, 2020 6:00 PM
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. APPROVAL OF THE AGENDA
V. PRESENTATIONS
Meadowbrook Park / TIF update Jeff Stewart, Jeff White, Justin Duff
VI. PUBLIC PARTICIPATION
If you would like to speak live during the public participation portion of the meeting, please notify City Clerk Adam Geffert at [email protected], and provide your name, address, and email address prior to 3 p.m. on November 16. The City will provide you with a link to join the meeting and will call on those who signed up to speak for up to 3 minutes once public participation begins.
To submit written comment to Council, please email [email protected] prior to 3 p.m. on November 16 to be shared with Councilmembers prior to the meeting.
VII. CONSENT AGENDA
All items listed below are considered to be routine by the Governing Body and will be enacted by one motion (Roll Call Vote). There will be no separate discussion of these items unless a Council member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the regular agenda.
By Staff
1. Approval of regular City Council meeting minutes - November 2, 2020 2. Consider renewal of the Blue Valley Public Safety contract for the City’s outdoor warning siren system maintenance for 2021
VIII. COMMITTEE REPORTS
IX. MAYOR'S REPORT
X. STAFF REPORTS
XI. OLD BUSINESS
Extension of emergency declaration Mayor Mikkelson
XII. NEW BUSINESS
United Community Services (UCS) presentation Christina Ashie Guidry
COU2020-58 Consider 2021 contribution allocation recommended by UCS for Human Service Fund grants Christina Ashie Guidry / Lisa Santa Maria
COU2020-59 Consider 2021 contribution allocation recommended by the Drug and Alcoholism Council of Johnson County for the 2021 alcohol tax funds Christina Ashie Guidry / Lisa Santa Maria
COU2020-55 Approve amendments to City right-of-way regulations David Waters
COU2020-56 Approve amendments to City fee schedule David Waters
XIII. COUNCIL COMMITTEE OF THE WHOLE (Council President presiding)
XIV. ANNOUNCEMENTS
XV. EXECUTIVE SESSION
XVI. ADJOURNMENT
Jeff White Managing Member 913.312.8077 [email protected]
MEMORANDUM 11.11.20
Wes Jordan Lisa Santa Maria City of Prairie Village
The purpose of this memorandum is to provide an update on the current and projected status of repayment of the City-backed Meadowbrook tax increment financing (TIF) project bonds. From time to time, we coordinate with representatives of VanTrust to re-test our modeling assumptions against actual conditions at the project, particularly with respect to the timing of development.
PROJECT The performance of the TIF is driven in roughly equal measure from four housing types at the project: single family; townhomes; apartments; and senior living (plus the inn). For each of these components, the key drivers of TIF revenue are timing of completion (the sooner the better) and valuation for tax purposes (the higher the better). We expect Johnson County’s tax valuation of the single family and townhome components to be primarily driven by the combination of land purchase price and costs to construct. We expect the valuation of the apartments, retail, inn and senior living to be valued largely in respect to the financial performance of the components (income approach). The larger components of the project benefit from partial appraisals of value by the County each January based upon the development stage of the project.
ANALYSIS To our knowledge, VanTrust is in good standing with respect to all of its obligations under its development agreement with the City. Based upon our detailed conversations with VanTrust, the overall project continues to progress well:
• The Kessler apartments are complete, open and almost completely leased. The project currently has materially higher tax valuation than we had initially modeled.
• The Inn component completed earlier this year and opened in April. Unfortunately, occupancy has been depressed by the COVID crisis. Despite that, early experience has been and future expectations are that the average daily rate will be higher than modeled. We have adjusted our assumptions to assume that “normal” occupancy will not return until 2022.
• The senior housing component is under construction. Our model continues to assume completion by the end of 2021.
Memorandum • Meadowbrook Development TIF Update • November 2020 | 2
• The single family component has maintained its momentum in spite of the pandemic and continues to produce higher valuations than originally modeled.
• The townhomes component continues to develop quickly. In fact, VanTrust reports it has sold all of the townhome lots to its developer. Here, as well, we are seeing higher valuations than originally modeled.
We found in 2020 that incremental revenues exceeded our modeled assumptions from this time last year. The City’s bond trustee now has nearly $630,000 on hand—after the payment of all 2020 debt service—in surplus funds associated with the City’s GO TIF bonds. In the near future, the City will be able to use those surpluses, if they remain, to pay off its GO bonds ahead of schedule.
We were quite conservative in our initial modeling regarding assumptions of partial valuations on the larger components of the project. Our sense is that those partial valuations, coupled with better-than-expected valuations on the completed components, led to the larger actual increment in 2020 than expected.
An important note here is that the project is not fully built: we will need the remaining components of the project—especially the senior housing—to complete timely and produce increment as expected in order to be confident of our ability to cover debt service as expected over the life of the bonds.
UPDATED PROJECTIONS Based upon VanTrust’s latest timing and valuation expectations and using actual TIF revenues captured from the 2016-2019 tax years, we updated our modeling as shown on the attachment to this memorandum.
The key columns on this pro forma are the three at the far right. The first, “Debt Service Coverage,” shows the amount of TIF revenues projected to be available each year for each dollar of debt service due. A figure of 1.29x, for instance, indicates a projection that $1.29 in TIF revenues will be available for each $1.00 of debt service due. Ideally, this figure will always be 1.00x or higher. At issuance, we structured the bonds to produce projected coverage of approximately 1.10x in each year starting in 2020.
In every TIF project, the common years for financial stress are the first years in which capitalized interest dollars are no longer available and amortization commences. For the City’s bonds, that period commenced in 2020. The model shows, however, no periods where TIF receipts would not be sufficient to cover debt service due. In the event the project were not to perform as modeled in 2021, the City can draw upon the $630,000 in excess revenues accumulated from inception to-date in order to cover any shortfall.
Commencing in 2022, accumulated excess revenues not needed to cover debt service in such year will be used to reduce the balance of bonds outstanding. As such, the large cumulative surplus balances shown in the modeling attached during and after 2022 are illustrative only.
Memorandum • Meadowbrook Development TIF Update • November 2020 | 3
CONCLUSION Through our review of the project, we find that expected financial results from the TIF exceed those projected at the time of issuance of the bonds. We continue to believe that TIF revenues will be sufficient to pay debt service due on the bonds and that the City should not have to use its general resources to cover debt service costs in any year.
As always, we note that these projections are subject to change. The amount of TIF revenues ultimately produced by the project relies on the strength of the economy, the ability of VanTrust, Dial and third-party housing developers to complete the project in a timely manner, the consistency of Johnson County in appraising properties for tax purposes in a consistent manner over time, the stability over time of the total property tax levy for Prairie Village businesses and residences, and the continued demand for the mix of housing provided by the development.
Please let me know if you have questions or require additional analysis.
CITY OF PRAIRIE VILLAGE Meadowbrook Redevelopment District Dated Date: 5/17/16 TIF Plan Adoption: 3/31/16 Bond Debt Service and Coverage Delivery Date: 5/17/16 Maximum Bond Maturity Date: 3/31/36 **Projections as of 11.09.20** Date of Source File: 5/2/16
GENERAL OBLIGATION BONDS Revenue Share: 50%
Incremental Taxables Tax-Exempts Net Debt Debt Service Excess Cum. Excess Revs Scale Principal Interest Cap I Scale Principal Interest Cap I Service Coverage Revenues Revenues 2016 0 84,392 (84,392) Actual 2017 0 292,125 (292,125) 0 n/a 0 0 Actual 2018 172,270 292,125 (292,125) 0 n/a 172,270 172,270 Actual 2019 297,449 292,125 (243,438) 48,688 6.10x 248,762 421,031 Actual (11/2020) 2020 595,769 0.95 100,000 289,625 389,625 1.52x 206,144 627,175 Projected 2021 910,248 1.05 275,000 280,250 555,250 1.63x 354,998 982,173 Projected 2022 1,078,926 1.20 590,000 261,575 851,575 1.26x 227,351 1,209,525 Projected 2023 1,205,503 1.32 615,000 243,625 858,625 1.40x 346,878 1,556,403 Projected 2024 1,332,384 1.45 635,000 231,125 866,125 1.53x 466,259 2,022,662 Projected 2025 1,420,480 1.65 655,000 218,225 873,225 1.62x 547,255 2,569,917 Projected 2026 1,489,759 1.80 680,000 204,875 884,875 1.68x 604,884 3,174,801 Projected 2027 1,538,344 2.05 700,000 191,075 891,075 1.72x 647,269 3,822,070 Projected 2028 1,553,649 2.22 725,000 176,372 901,372 1.72x 652,277 4,474,347 Projected 2029 1,569,103 2.41 750,000 160,231 910,231 1.72x 658,872 5,133,219 Projected 2030 1,584,708 2.59 775,000 142,106 917,106 1.72x 667,602 5,800,820 Projected 2031 1,600,465 2.65 805,000 122,356 927,356 1.72x 673,109 6,473,929 Projected 2032 1,616,376 2.74 835,000 101,334 936,334 1.72x 680,041 7,153,970 Projected 2033 1,632,441 2.89 870,000 78,413 948,413 1.72x 684,029 7,837,999 Projected 2034 1,648,664 2.89 900,000 54,075 954,075 1.72x 694,589 8,532,587 Projected 2035 1,665,044 3.03 935,000 27,675 962,675 1.72x 702,369 9,234,957 Projected 2036 760,121 3.03 455,000 6,825 461,825 1.64x 298,296 9,533,253
Totals 23,671,703 0 0 0 11,300,000 3,750,529 (912,079) 14,138,450 Meadowbrook Park Update Prairie Village City Council November 16, 2020 Meadowbrook Park Meadowbrook Park – Phase I ▪ 82 Acres ▪ Trails ▪ Clubhouse ▪ Destination Playground ▪ Large Pavilion ▪ Picnic Shelters ▪ Great Lawn ▪ The Grove ▪ Senior Wellness Area ▪ Pickleball Courts ▪ Restrooms Trail System Asphalt Trails: 14,092 LF = 2.7 miles Promenade: 293 LF = .05 miles Concrete Trails: 4036 LF = .8 miles Great Lawn: 1135 LF = .2 miles Total Trails: 19,573 LF = 3.75 miles Meadowbrook Park Clubhouse
Main Level: 10,801 SF Lower Level: 1,700 SF Total Building: 12,501 SF ▪ Multipurpose Classroom ▪ Event Space (for 200) ▪ Indoor/Outdoor Programming ▪ Nature Play Preschool ▪ View of Great Lawn ▪ 50 Plus Programming ▪ Adjacent to Pavilion, Shelter, Clubhouse ▪ Spinning Features Treeline Adventure ▪ Pour in Place and Synthetic Play Surface ▪ Balancing Features ▪ Zip line ▪ Age Specific Areas ▪ Climbing Tower ▪ Swings Large Pavilion
▪ Adjacent to Playground ▪ Seating for 100-120 ▪ Day camp storage ▪ Fireplace ▪ Counter space Picnic Shelters ▪ #1 Destination Playground ▪ #2 Senior Exercise ▪ #3 The Grove ▪ Framed views ▪ Seating for 48+ Great Lawn ▪ Adjacent to Meadowbrook Clubhouse ▪ Irrigated lawn ▪ Surrounding path ▪ +/- 2 acres Exercise Equipment
▪Exercise Equipment ▪Parking ▪Picnic Shelter ▪Trails The Grove ▪ Playground ▪ Sand Play ▪ Picnic Shelter (seating 48+) ▪ Four Season Restroom ▪ Meadowbrook Hill Pickleball ▪ Eight Courts ▪ with Sports Lighting Next Steps Update Completed ✓ Additional Furnishings ✓ Seeding / Sod ✓ Bus Stop off 95th Street ✓ Pickleball Court Lighting ✓ Trail Connector ✓ Storm Pipe Replacement ✓ Great Lawn Lighting ✓ Trail Counters Underway • Maintenance Building Improvements • Pedestrian Bridge • Additional Tree Plantings Great Lawn Lighting Pedestrian/Bicycle Trail Counters
▪ (13) pedestrian/bicycle counters placed throughout the park
▪ Trail Use September 39,984 October 33,557 Pedestrian Bridge #2 Maintenance Building Improvements ▪ Northeast Corner o Parking o Playground o Sculpture Garden o Picnic Shelter o Restroom ▪ Lake Loop Lighting ▪ Iconic Garden ▪ Spray Ground Feature ▪ Additional Courts ▪ Public Art ▪ Environmental Learning Area
Meadowbrook Park Master Plan Summary Report
February 24, 2016
Meadowbrook Park Master Plan 1
Executive Summary The Meadowbrook Park Master Plan was created to address the park space needs of Northeast Johnson County residents who lack a large regional park. The resulting master plan takes full advantage of approximately 80 acres of prime land consisting predominantly of lawn and mature trees that were established on the former Meadowbrook Golf and Country Club property in Prairie Village, Kansas. This report is a summary of the master plan and process to transform the property into a one-of-a-kind park.
The design team was led by Landworks Studio who served as lead designer and project manager. The firm was supported by Shockey Consulting Services to run the public involvement components and Affinis Corporation for Civil and Traffic consulting. Key stakeholders included the Johnson County Park and Recreation District (JCPRD) staff and board, the City of Prairie Village, VanTrust Real Estate, and the Johnson County Board of Commissioners (BOCC). Select members of these organizations were invited to be a part of an Advisory Group that was created to help expedite the project. This Advisory Group also included Prairie Village staff, Planning Commissioners and citizen representatives from Prairie Village and Overland Park. The project was further expedited by holding the first ever Joint Officials Meeting that included the JCPRD board, Prairie Village City Council, Prairie Village Planning Commission, and BOCC. The officials provided feedback on the Guiding Principles for the project, public meeting and survey input, stakeholder input, and the initial concepts proposed.
Crediting an efficient process and effective decision making by all officials, the overall project took just over 5 months to complete.
February 24, 2016 Meadowbrook Park Master Plan 2
Contents Executive Summary ...... 1
Contents ...... 2
Acknowledgments ...... 3
Project Schedule ...... 4
Guiding Principles and Project Process ...... 5
Project Design Summary ...... 8
Constraints: ...... 11
Opportunities: ...... 11
Master Plan Cost Summary ...... 12
APPENDIX ...... 13
February 24, 2016 Meadowbrook Park Master Plan 3
Acknowledgments Board of Park & Recreation Commissioners - 2015 Advisory Group George J. Schlagel, Chair Nancy Wallerstein, JCPRD Board Member Paul Snider, Vice Chair Laura Wassmer, Prairie Village Mayor Nancy Wallerstein, Secretary Ted Odell, Prairie Village Councilmember Michael Pirner, Treasurer Terrence Gallagher, Prairie Village Steven Baru, Asst. Secretary Councilmember Chris Carroll, Asst. Treasurer Quinn Bennion, Prairie Village City Administrator Leslee Rivarola, Board Member Courtney McFadden, Resident Steven C. Klika, BOCC Board Member Robert Wittman, Resident Justin Duff, VanTrust Real Estate
Johnson County Board of County Commissioners Prairie Village City Council Ed Eilert, Chairman Laura Wassmer, Mayor Ronald L. Shaffer, First District Ashley Weaver, Ward I James P. Allen, Second District Jori Nelson, Ward I Steven C. Klika, Third District Steve Noll, Ward II Jason Osterhaus, Fourth District Ruth Hopkins, Ward II Michael Ashcraft, Fifth District Eric Mikkelson, Ward III John Toplikar, Sixth District Andrew Wang, Ward III
Sheila M. Myers, Ward IV Johnson County Park & Recreation District Brooke Morehead, Ward IV Jill Geller, Executive Director David Morrison, Ward V Bill Maasen, Superintendent of Parks & Golf Courses Dan Runion, Ward V Rhonda Pollard, Superintendent of Recreation Terrence Gallagher, Ward VI Dan Field, Superintendent of Safety & Outdoor Education Ted Odell, Ward VI Randy Knight, Community Relations Manager Cliff Middleton, Planning & Development Manager
Consultants Lead Consultant – Landworks Studio Carisa McMullen, Principal Kelly VanElders, Project Manager Dale Stafford, Graphics Mitch Zeller, Design Rachel Fox, Rendering Public Involvement - Shockey Consulting Services Sheila Shockey, Principal Karol Biery Shelby Ferguson Traffic and Stormwater – Affinis Corporation Cliff Speegle, Civil Engineer Mike McKenna, Civil Engineer
February 24, 2016 Meadowbrook Park Master Plan 4
Project Schedule The master plan process began in August 2015 with the design team exploring the project site and gathering all pertinent information available. Public open houses and meetings with key stakeholders such as Johnson County Park and Recreation District (JCPRD), The City of Prairie Village, VanTrust Real Estate, and the Johnson County Board of Commissioners were performed. The project team set forth an overall timeframe for the master plan process which took less than 6 months to complete.
These keystone events occurred on the following dates:
Project Kick Off August 26, 2015 VanTrust Meeting August 27, 2015 Prairie Village Staff Meeting September 2, 2015 Public Open House #1 September 29, 2015 Advisory Committee Meeting #1 October 8, 2015 Joint Stakeholder Meeting October 12, 2015 Public Open House #2 October 20, 2015 VanTrust, Prairie Village Staff, JCPRD Staff November 2, 2015 Prairie Village City Council Meeting #1 November 16, 2015 JCPRD Board Meeting #1 November 18, 2015 Kenilworth Neighborhood Meeting December 1, 2015 Prairie Village City Council Meeting #2 December 7, 2015 Board of County Commissioners Meeting December 10, 2015 JCPRD Staff Cost Phasing Meeting December 11, 2015 JCPRD Board Meeting #2 December 16, 2015 JCPRD Board Meeting #3 January 20, 2016 Prairie Village City Council Meeting #3 February 1, 2016 Final Report Submitted to JCPRD February, 2016
Johnson County Johnson County The City of Prairie VanTrust Real Park and Board of Village Estate Recreation District Comissioners
Key Stakeholders
February 24, 2016 Meadowbrook Park Master Plan 5
Guiding Principles and Project Process The Guiding Principles used to formulate the Master Plan evolved out of a collaboration with Key Stakeholders, results from two public meetings and survey results, a Kenilworth neighborhood meeting, the Advisory Group, and the Joint Officials Meeting. (The graphic below depicts a summary the predominant uses desired, social aspects craved, urban design components most wanted, and minimum elements to be implemented in phase 1.)
Guiding Principles Summary Graphic
The process that was used included strong communication and collaboration with a multitude of public entities including the following key stakeholders: the Johnson County Park and Recreation District (JCPRD) staff and board, the City of Prairie Village, VanTrust Real Estate and the Johnson County Board of Commissioners (BOCC). Select members of these organizations were invited to be a part of an Advisory Group that was created to help expedite the project. This Advisory Group also included Prairie Village staff, planning commissioners and citizen representatives from Prairie Village and Overland Park. The project was further expedited by holding the first ever Joint Officials Meeting that included the JCPRD board, Prairie Village City Council, Prairie Village Planning Commission, and BOCC. The officials provided feedback on the Guiding Principles for the project, public meeting and survey input, stakeholder input and the initial concepts proposed. Specific principles are depicted on the graphic above.
Public input was collected from three separate open houses, the first was held in March 2015, prior to the start of the master plan by JCPRD, VanTrust Real Estate, and the City of Prairie Village. The initial input from that meeting was valuable in laying the groundwork for the initial park programming.
February 24, 2016 Meadowbrook Park Master Plan 6
Shockey Consulting Services organized the first official Master Plan public meeting at the Meadowbrook Clubhouse. The meeting included graphic displays depicting potential uses through visual bubble diagrams. These displays were located inside the clubhouse and outside on the central fairway depicting the initial master plan concept. Attendees were given “voting beads” that were cast into jars labeled with the preferred park uses gathered at the previous public open house. Voter ballots were also made available to provide written comments about the concepts. The registered names collected indicate the open house was attended by over 500 people. The results indicated that the dominant use voted for that exceeded any other use was trails followed by Iconic Gardens, Open Space + Event Lawn, Destination Playground, Splash Park, Natural Playground, and, lastly, Disc Golf. (Graphics presented at each open house can be found in the Appendix of this report)
Additional input was gathered on-line through the web-generated program My Sidewalk. The results of My Sidewalk supported the priorities of the open house input. In addition to the public open houses, public input was gathered at each Prairie Village City Council meeting, JCPRD board meetings and Prairie Village Planning Commission meetings. (See Schedule section for actual dates)
The second open house was also hosted at the Meadowbrook Clubhouse. Updated plans depicted a much more detailed plan including revisions to the Northeast corner of the property including a slight realignment of the Roe connector road north of 91st Street, a shelter, restroom, and overlook area.
As part of the advancing design process, a closer consideration of park needs and proximity within the boundaries of the park prompted the design team to consider better servicing the neighborhoods to the North and East with closer access to play and recreation support features. Revised plans were generated to depict a playground, large shelter and accompanying parking lot. Further revisions re-aligned the park access road to align with 91st Street to meet industry standards for traffic intersections, however, after meeting with the neighbors, the road was re- aligned to the north property line to appease neighborhood concerns about through traffic.
February 24, 2016 Meadowbrook Park Master Plan 7
Moving the road alignment east preserves more park open space and mature trees, and provides a playground setting at the green. The final master plan in this report will depict a revised alignment that moves the road west to the next fairway in order to increase the distance between the road and the residences.
The Meadowbrook Park Master Plan was approved by the governing bodies as follows:
JCPRD Board of Park & Recreation Commissioners, December 16, 2015 Prairie Village City Council, February 16, 2016
February 24, 2016 Meadowbrook Park Master Plan 8
Project Design Summary
Design Intent Utilizing the Guiding Principles developed for Meadowbrook Park, the overall design intent achieved three key design objectives.
PRESERVATION: The master plan went to great lengths to preserve the best attributes of the park, its expansive open spaces and mature trees. It utilizes the existing fairways and greens for unique park experiences. Two of the three playgrounds are strategically placed upon existing greens which were originally designed to “showcase” the target for golfers. These existing settings are prime locations for the destination and natural playgrounds. The highest point of the golf course is a green that is designed to be an overlook for the park. The whimsical shape of a few sand bunkers are preserved with new surfacing for additional play elements and creates a memory outline of its former use. One of the key open space elements will be the Great Lawn area. Its long and level surface located with the axial view of the ponds is designed to be a multi-use space that brings an organizing element to the site plan.
PASSIVE USE: A majority of uses proposed at Meadowbrook Park are non-active uses that help promote connectivity, exploration, experience, and accessibility. The predominate use of trails throughout the park fulfills the public’s number one requested use. These trails connect to each of the parks corners and offer over 4.5 miles of walking or biking experience.
PREMIERE PARK: A successfully implemented plan will yield a signature landmark and become a memory maker for years to come. The greenspace alone will be a valued asset to the Northeast Johnson County citizens and visitors. Several design elements will be popular items for most citizens. Below is a brief summary of some of those elements:
Playgrounds – The latest features in ‘playground technology’ are components that utilize more body muscles than playgrounds of old and offer more diverse play activities. The Meadowbrook playgrounds are designed to accommodate this with innovative space structures, tensioned rope climbing structures and nature play elements including soundscapes and a balancing course.
February 24, 2016 Meadowbrook Park Master Plan 9
The Grand Pavilion offers an architectural statement to the park and shelter for public gathering. Senior Exercise – Popular in Europe, these exercise stations are designed specifically for the senior aged adults who are seeking outdoor exercise opportunities. Great Lawn – As previously mentioned, the great lawn will be host to many memories ranging from civic activities, to weddings, frisbee games, picnics or a leisurely stroll around the green. The appendix of this report provides the Master Plan graphics for the park.
Traffic Master Plan Study The traffic control master planning included working in conjunction with the developer’s traffic study to: evaluate parking requirements and opportunities, and analyze connectivity for pedestrian, bike, vehicular, and transit traffic. Most of the vehicular circulation was determined by the traffic study and the agreement with the city council and park board.
The goal for the parking was to create pockets of parking strategically located throughout the perimeter of the park to preserve open space and allow for visitors to park near their event and to avoid large expanses of parking. Parking is limited to:
the main lot near the clubhouse two areas of small pocket parking off of Meadowbrook Parkway parallel parking along Meadowbrook Parkway with bulb outs to break up the parking and delineate these areas as parking and not a wider travel way.
Parks that accommodate pedestrians and bicyclists with access and connectivity are key to the success of a park. The Meadowbrook Park Master Plan is a multimodal destination. Numerous trails have been strategically aligned throughout the park to allow users to enjoy different areas of the park as well as benefit from the exercise and enjoyment of walking or riding through the park. Crosswalks are incorporated where necessary for safe vehicle pedestrian interaction. During phase one design, a closer study of the actual crossing locations will be refined to make these locations visible and safe.
In addition to walking and biking in the park, the City of Prairie Village is considering an eight foot trail along Roe avenue that would tie Meadowbrook Park to Franklin Park and beyond. This would allow area residents living north and east of the park to visit without motorized transportation.
Transit was not a design component in the master plan stage. It is not anticipated that buses will be traveling through the park but could have strategic stops on Nall Avenue near Meadowbrook Parkway or within the parking area or drop off. This would be coordinated with the transit authority during the design phase.
February 24, 2016 Meadowbrook Park Master Plan 10
Stormwater Plan Study Stormwater master planning included a review of the existing site conditions and the development plans to identify constraints and opportunities for stormwater features. Those features include ponds, streams, storm sewer systems, and best management practices (BMPs).
Initial planning included a review of the developer’s stormwater strategy and how that would relate to the park development in both the short and long term. It quickly became apparent that the pond design and dredging would be the key for both the park and development success. The developer’s initial design submittal showed the ponds being used as the development’s stormwater quantity and quality control features.
The development’s stormwater quantity control requirements have set the required minimum size of the ponds. The size requirements do increase the overall pond size. The increase in pond size allows the ponds to become a very strong feature for the park, although the required dredging and earthwork becomes a large driver as a site and budget constraint. The current plan for the dredged pond material is to dig pits on park property and bury the material. The area where the existing driving range is located will be one location to place fill although initial calculations show that other areas in the park will also needed for fill placement.
The original plan for the development’s stormwater quality control was to use the ponds as an extended wet detention BMP. This was a concern since JCPRD will be responsible for the long- term maintenance of the pond. The use of the pond as a BMP for the development would increase maintenance costs and increase the siltation and nutrient load to the pond. After discussions with the developer, the pond will no longer be used as a BMP and stormwater will now be filtered on the development site before entering the pond.
The master plan has identified the need to install sediment capture areas upstream from the ponds to limit siltation and long-term maintenance. These areas are identified north of the Meadowbrook Parkway just before the streams enter into the upper pond. The sediment areas will require ongoing maintenance and sediment removal and should be designed for easy access. They should also be implemented in phase one before the pond restoration is completed.
The developer has performed a preliminary jurisdiction determination for the Corp of Engineers which also included a wetland determination study. The existing streams and ponds on the site are considered Jurisdictional waters of the United States and will require permitting before construction. There were also wetlands found near the two major storm outlets in the northwest corner of the property. The streams and wetlands will need to be considered during design and will require a three to six month permitting process.
February 24, 2016 Meadowbrook Park Master Plan 11
There also needs to be coordination with the Corps of Engineers before dewatering and dredging of the ponds occur.
The existing streams on the site present an opportunity for restoration to a more natural stream system. There are four distinct streams on the site that receive water from areas upstream of the park property. There are a few locations where there is existing corrugated metal pipe (CMP) that carries some of the stream flow. The pipes show signs of aging and could be removed and restored to a stream system. The stream restoration opportunities can be implanted over time and not critical to be fully completed in phase one.
There are other sustainable opportunities that will directly benefit water quality. Installation of native vegetation throughout the site will help promote infiltration and pretreat runoff before entering the streams and ponds. BMPs can be added to the existing parking lot and the proposed parking areas to treat runoff from those lots. Parking lot BMP options include raingardens, filtration units, native grass filter strips, or porous pavement.
Bulleted list of constraints and opportunities:
Constraints: Locations to dispose of dredged pond material Permitting requirements for streams, wetland, and ponds Controlling construction sediment from development construction Trail grading along the berms on the east side of property ADA compliant trail along north side of upper pond where it crosses near the pond Existing streambank erosion in the southeast corner of the property near the proposed trail Existing parking lot maintenance and condition after construction traffic Existing CMP pipe conditions and need for removal Existing CMP under proposed destination playground
Opportunities: Native vegetation for pre-treatment of runoff BMPs added for existing parking lot runoff and as part of proposed parking lots Stream restoration throughout site Ponds, stream restoration, and BMPs can be learning educational features Sediment forebays Waterfall features between ponds Reuse of existing bridge at southern end of property
February 24, 2016 Meadowbrook Park Master Plan 12
Master Plan Cost Summary The cost estimate was completed in December, 2015 and forecasts the best opinion of probable costs using 2016-17 pricing. The overall cost estimate total for pre-construction and construction was $17,626,884*.
Estimated TIF Funding $4,889,857 - The park’s initial development will be funded by a portion of the funds generated by the Meadowbrook Tax Increment Financing district. The development will include elements such as the main loop trail, pond reconstruction, site furnishings, signage, parking improvements and park support components such as utilities, maintenance area repairs and open space restoration.
Possible CIP Improvements $3,958,695 – Additional future improvements to be funded through JCPRD’s capital improvement program incude more trails, the destination playground, the senior wellness area, grand pavilion and shelters, storm water BMP’s.
Proposed Future Improvements $8,751,032 – Proposed future improvements and master plan elements that currently are unfunded include additional trails, parking improvements, landscape and gardens, spray feature, natural playground, NE playground, shelters, site furnishings, tennis and pickleball court renovations.
Proposed destination playground area
*JCPRD is not obligated to fund or construct any specific item contained within this Summary Report. All park developments will be subject to available funding.
February 24, 2016 Meadowbrook Park Master Plan 13
APPENDIX
1 – Proposed Site Plan 2 – Enlargement of Proposed Site Plan 3 – TIF Improvements Illustration 4 – Final Master Plan – Preferred Road Alignment 5 – North Park Enlargement – Preferred Road Alignment Cost Estimate Summary Sheet
February 24, 2016
Meadowbrook Park Landworks Studio
COST ESTIMATE SUMMARY SHEET 1/22/2016 Possible CIP Proposed Future Master Plan Funded by Funded Improvements Content Sub-total * TIF ** Improvements (Unfunded)
PRE-CONSTRUCTION $ 3,124,824 $ 907,720 $ 701,588 $ 1,515,516
DEMOLITION $ 440,190 $ 408,390 $ 31,800 $ -
TRAILS $ 1,432,884 $ 667,720 $ 411,665 $ 353,499
PARKING $ 404,000 $ 15,000 $ 63,800 $ 325,200
LANDSCAPE & GARDENS $ 1,247,150 $ 138,283 $ 143,095 $ 965,772
SPRAY FEATURE $ 501,429 $ - $ - $ 501,429
NATURAL PLAYGROUND $ 332,556 $ - $ - $ 332,556
N.E. PLAYGROUND $ 388,320 $ - $ - $ 388,320
DESTINATION PLAYGROUND $ 1,010,380 $ - $ 799,216 $ 211,165
SENIOR WELLNESS $ 65,600 $ - $ 65,600 $ -
STRUCTURES $ 2,110,000 $ 180,000 $ 870,000 $ 1,060,000
BRIDGES $ 592,900 $ 403,700 $ 149,600 $ 39,600
SITE FURNISHINGS $ 172,400 $ 30,400 $ 30,800 $ 111,200
SIGNAGE $ 136,300 $ 104,200 $ 27,300 $ 4,800
COURT RENOVATION $ 836,000 $ - $ - $ 836,000
UTILITIES $ 977,350 $ 103,250 $ 49,200 $ 824,900
STORMWATER - BMP's $ 573,750 $ 90,000 $ 343,750 $ 140,000
PONDS $ 1,805,544 $ 1,322,244 $ - $ 483,300
OPEN SPACE $ 47,538 $ 47,538 $ - $ -
MAINTENANCE BUILDING $ 109,400 $ 109,400 $ - $ -
CONTINGENCY $ 1,318,369 $ 362,012 $ 298,582 $ 657,774
ACTIVITY BUILDING ***
PRELIMINARY TOTALS $ 17,626,884 $ 4,889,857 $ 3,985,995 $ 8,751,032
* Park developments will be subject to available funding ** Actual funds subject to availability per Park Gift Agreement, Funding Priority Waterfall *** Activity Building funding/improvements to be determined
CCCICIIITYTY COUNCIL CITY OF PRAIRIE VILLAGE NOVEMBER 22,,,, 2020
The City Council of Prairie Village, Kansas, met in regular session on Monday, November 2, 2020, at 6:00 p.m. Due to the COVID-19 pandemic, Councilmembers attended a virtual meeting via the Zoom software platform. Mayor Mikkelson presided.
ROLL CALL Roll was called by the City Clerk with the following Councilmembers in attendance remotely via Zoom: Chad Herring, Jori Nelson, Inga Selders, Ron Nelson, Tucker Poling, Bonnie Limbird, Sheila Myers, Dan Runion, Courtney McFadden, Ian Graves and Terrence Gallagher. Staff present via Zoom: Tim Schwartzkopf, Chief of Police; Keith Bredehoeft, Director of Public Works; City Attorney David Waters, attorney with Lathrop & Gage; Wes Jordan, City Administrator; Jamie Robichaud, Deputy City Administrator; Lisa Santa Maria, Finance Director; Meghan Buum, Assistant City Administrator; Jake Gunter, Senior Information Technology Specialist, Adam Geffert, City Clerk.
PPPLEDGEPLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA Mrs. Myers made a motion to approve the agenda for November 22,, 20202020.. Mr. Nelson secondsecondeded the motion, which passed 111111-11 ---0.0.
PRESENTATIONS Ms. Nelson introduced the 2021 Teen Council members, who were in attendance:
• Macy Cherra, Junior at St. Teresa’s Academy • Sydney Newton, Junior at Shawnee Mission East
PUBLIC PARTICIPATION No requests to address the Council were received.
CONSENT AGENDA Mayor Mikkelson asked if there were any items to remove from the consent agenda for discussion..
1. Approval of regular City Council meeting minutes – October 19, 2020
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Mr. Nelson made a motion to approve the consent agenda as presentedpresented.presented . AAA roll call vote was taken with the following votes cast: “aye”: Herring, J. Nelson, Selders, R. Nelson, Poling, Limbird, Myers, Runion, McFadden, GraveGraves,s, GGallagher.allagher. The motion passed 111111-11 ---0.0.0.0.
COMMITTEE RREPORTSEPORTS • Ms. Selders provided an update on the Diversity Task Force, noting that a list of recommended priorities would be provided to Council in the coming weeks. She added that she had researched the history of racial restrictions that appeared in original Prairie Village Homes Association documents.
• Ms. Limbird stated that she had signed up to attend the “Vision Zero” summit regarding the elimination of traffic fatalities for drivers, bicyclists and pedestrians.
MAYOR’S REPORT • Mayor Mikkelson provided an update on the COVID-19 pandemic, stating that the percent positive rate in Johnson County had increased from 6.6% to 9.9% over the previous two weeks. New hospitalizations were down, but the death rate was up slightly. • The Mayor participated in the Governor’s Commission on Racial Equity and Justice with other elected officials from across the state of Kansas. • The Mayor was invited to meet with the “Stand Up For Black Lives+ Prairie Village” group, which was planning a Zoom event on November 7. Further information was available on the group’s Facebook page. • The Shawnee Mission East girls’ golf team won the state championship. • The Shawnee Mission Education Foundation Breakfast would be held virtually on November 3. • The next Village Vision 2.0 work session was scheduled for November 9. • The Mayor and Ms. Robichaud planned to meet with a developer to discuss an attainable housing proposal on November 6. • “Va Bene”, a new Italian restaurant, was set to open in the Corinth Shops before the end of the year. • The Mayor stated that the Prairie Village Municipal Foundation would hold a meeting on November 10, and a remote holiday tree lighting ceremony was planned for December 3.
STAFF REPORTREPORTSSSS Administration • Mr. Jordan stated that the November plan of action was in the packet, and that volunteer applications for all City committees were now being accepted.
Public Works • Mr. Bredehoeft provided updates on construction projects throughout the City:
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o Installation of steel columns for the new Public Works building had begun the prior week. o Base asphalt for the drainage project at 83 rd Street and Reinhardt Street would be installed in the next few days. o The culvert replacement project at 71 st Street and Mission Road would reopen to traffic in approximately three weeks. o The drainage and sidewalk project on State Line Road between 71 st Street and 74 th Street was nearly complete. The City will work with the City of Kansas City to repave that section of road in the summer of 2021. o Public Works staff was planning the installation of crosswalks near Meadowbrook Park and Franklin Park. o Trans Systems would be studying the intersection of 71 st Terrace and Eaton Road to determine if a four-way stop is needed.
OLD BUSINESS There was no old business to come before the Council.
NNNEWNEW BUSINESS COU2020COU2020----53535353 Consider memorandum of agreement with Little GovernmentGovernment Relations for government relations and lobbying services in 2021
Ms. Robichaud stated that in early 2020, the City Council authorized an agreement with Little Government Relations (LGR) for government relations and lobbying services. Throughout 2020, LGR provided these services for the City, which included legislative updates, drafting and providing in-person testimony, and briefing staff and Councilmembers on important issues that impact cities in Kansas. LGR’s services included weekly written updates and conference calls during the legislative session and monthly written updates during the non-session period.
Prior to 2020, City staff had to draft all testimony on behalf of the City and stay apprised of legislative happenings through the League of Kansas Municipalities. Procuring the services of Little Government Relations in 2020 saved a significant amount of staff time and resulted in the City being more informed on legislative issues than in previous years.
Staff recommended continuing the City’s relationship with Little Government Relations in 2021. The annual cost of services for 2021 is the same as 2020, at $10,000, paid in four quarterly installments of $2,500. The expenditure was included in the 2021 contractual services budget.
MMMrMrrr.. Nelson made a motion to approve the agreement as presentedpresented.... Ms. Limbird seconded the motionmotion,, which pppassedpassed 99----2,2, with Ms. Nelson and Mr. Runion in oppositionopposition....
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COU2020COU2020----54545454 Johnson County CCoronavirusoronavirus relief fund subrecipient grant agreement and expenditures to date
Mrs. Santa Maria said that as a result of the Covid-19 pandemic, Johnson County received approximately $116 million in Coronavirus Relief Funds (CRF) from the federal government. The State of Kansas allocated another $8 million in state funds for Coronavirus relief to the County. The total amount received by Johnson County was approximately $124 million. In June 2020, the County announced plans to divide the original $116 million into three phases, including 45 percent or approximately $50 million going to local governments. A committee of city and county representatives worked to develop a proposed method of sharing the Phase 1 funds with cities in Johnson County. This included the immediate reimbursement of actual expenses incurred in response to the Covid-19 emergency and review and approval of potential additional expenses anticipated through December 31, 2020.
Johnson County cities were eligible to receive a total allocation based on population. Prairie Village was allocated $689,201.15; the City had received $60,982.12 in funds from the county thus far, and an additional submittal of $47,387.49 was in process. The total for all expenditure categories was $533,705.15.
Mrs. Myers asked what was included in the $111,337 allocated for video conferencing equipment in the Council Chambers and multi-purpose room (MPR). Mr. Gunter stated that the funds would add additional cameras and functionality to the Council Chambers, as well as video conferencing equipment in the MPR.
MrMrMrs.Mr s. McFadden made a motion to approve the subrecipient grant agreement and reaffirm expenditures to datedate.... Mr. Gallagher seconded the motionmotion,, which passed 111111-11 ---0.0.0.0.
Mrs. Myers made a motion that the City Council move to the Council Committee of tthehe Whole portion of the meeting. Mr. Herring secondseconded ed the motion, which passed unanimouslyunanimously....
COUNCIL COMMITTEE OF THE WHOLE COU2020COU2020----55555555 Amendments to City rightright----ofofofof----wayway regulations
Mr. Waters said that in 2019, Council approved updates to City zoning regulations, which included provisions regarding wireless facilities. As part of the process of accommodating anticipated "small-cell" installations, staff completed a thorough review of the City’s right-of-way regulations and made the following updates:
• General "clean-up" revisions • Updated terminology to account for wireless facility language incorporated into the City's zoning regulations • New design and aesthetic requirements for use of the public right-of-way 4
Mrs. McFadden made a motion to approve the updated regulations as presented and advance Ordinance #2428 to the City Council for final approvalapproval.. Mr. Nelson seconded the motion, which passed 1111----0.0.0.0.
COU2020COU2020----55555555 Amendments to City fee schedule
Mr. Waters stated that the Kansas Legislature had prohibited the use of the term “franchise fee” for wireless providers, and as such, the City fee schedule needed to be updated to reflect the new term, “small-cell deployment fee”. Additionally, a 2018 FCC order established that fees charged to providers must be “reasonable”, and not exceed the following “safe harbor” thresholds:
• $500 for a single, up-front application that includes up to five (5) small wireless facilities, with an additional $100 for each small wireless facility beyond five • $270 per small wireless facility per year for all recurring fees, "including any possible right-of-way access fee or fee for attachment to municipally-owned structures in the right-of-way"
Mr. Waters added that some of the wireless fees on the City's current fee schedule exceeded these safe harbors, but that there had been legal challenges to the 2018 FCC Order, which had not yet been finalized. In discussions with providers and other Johnson County city attorneys, at least two providers agreed to language moving forward that accommodates some of the cities' higher fees, but allows the providers to pay only the "safe harbor" fees until such time as the challenges are completed. The new fee structure is laid out in Resolution 2020-07, which is consistent with many other cities in Johnson County.
Mrs. McFadden made a motion to approve the updated fees as presented and advance Resolution #2020#2020----07070707 to the City Council for final approvalapproval.. Mr. Graves seconded the motion, which passed 1111----0.0.0.0.
Mr. Nelson moved that the City Council end the Council Committee of the WWholehole portion of the meeting. Ms. Limbird seconded the motion, which passed 111111-11 ---0.0.0.0.
ANNOUNCEMENTS Announcements were included in the Council meeting packet.
ADJOURNMENT Mr. Herring made a made a motion to adjourn the meeting. The momotiontion was seconded by MsMsMs.Ms . LimbirdLimbird,, and passed 111111-11 ---0.0.0.0.
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Mayor Mikkelson declaredeclaredd the meeting adjourned at 6:54 p.m.
Adam Geffert City Clerk
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RESOLUTION NO. 2020-08
A RESOLUTION EXTENDING THE MAYOR’S DECLARATION OF A STATE OF LOCAL EMERGENCY FOR PRAIRIE VILLAGE, KANSAS WHEREAS; on the 16th day of March 2020, the Mayor of Prairie Village, Kansas issued a Declaration of a State of Local Emergency for the City of Prairie Village, Kansas as a result of the COVID-19 pandemic, as amended ("City Emergency Declaration"). WHEREAS, the Prairie Village City Council approved Resolution 2020-01 on March 18, 2020, extending the City Emergency Declaration to May 8, 2020; Resolution 2020-02 on May 4, 2020, extending the City Emergency Declaration to June 15, 2020; Resolution 2020-03 on June 15, 2020, extending the City Emergency Declaration to August 17, 2020; Resolution 2020-04 on August 17, extending the City Emergency Declaration to November 15, 2020; and WHEREAS; the worldwide outbreak of COVID-19 and the resulting pandemic in Kansas, Johnson County, and Prairie Village continue to threaten the life and health of our citizens and visitors as well as the economy and remains a public disaster affecting life, health, property and the public peace.
NOW, THEREFORE, BE IT RESOLVED, BY THE GOVERNING BODY OF THE CITY OF PRAIRIE VILLAGE, KANSAS: SECTION 1. Pursuant to Chapter 1, Article 13 of the Prairie Village Municipal Code, the Governing Body hereby extends the City Emergency Declaration through the 15th day of February 2021, unless terminated earlier by the Mayor or City Council, or extended further by the City Council. SECTION 2. This resolution shall become effective upon issuance and dissemination to the public by appropriate news media or other outlets designated for informing the general public.
ADOPTED by the Governing Body this 16th day of November, 2020.
City of Prairie Village, Kansas:
______Mayor Eric Mikkelson Attest:
______Adam Geffert, City Clerk
CORE/9990000.5023/159153773.1
ADMINISTRATION DEPARTMENT
Council Meeting Date: November 16, 2020 New Business Agenda
COU2020-58: Consider 2021 contribution allocation recommended by United Community Services for Human Service Fund grants
RECOMMENDATION
Staff recommends the City Council approve the recommendations of the UCS Grant Review Committee contained in the 2021 Human Service Fund Recommendation Report and a contribution to UCS of $8,300.
BACKGROUND For the past several years, the City has contributed to the United Community Services (UCS) Human Service Fund. This fund helps support local non-profit agencies. The 2021 budget has designated $8,300 for this contribution. The UCS grant review committee and the UCS Board of Directors reviewed grant applications from a variety of agencies. Information about the agencies they interviewed and the UCS funding recommendation is attached.
If approved, the City’s contribution to UCS will be pooled with funds from other cities in Johnson County and distributed to the agencies listed in the 2021 Human Service Fund Recommendation Report.
FUNDING SOURCE
Funding is included in the 2021 budget for the Community Programs.
ATTACHMENTS: 2021 Human Service Fund Recommendation Report
Prepared By: Lisa Santa Maria, Finance Director Date: November 09, 2020
ADMINISTRATION DEPARTMENT
Council Meeting Date: November 16, 2020 New Business Agenda
COU2020-59: Consider 2021 contribution allocation recommended by the Drug and Alcoholism Council of Johnson County for the 2021 Alcohol Tax Funds
RECOMMENDATION
Staff recommends the City Council approve the recommendations of the Drug and Alcoholism Council of Johnson County contained in the United Community Services Fund Recommendations Report and approve a contribution to UCS of $40,000 from the 2021 Community Programs Budget.
BACKGROUND State Statutes require that one-third of the revenue derived from a state excise tax on liquor sold by the drink be used for alcohol or drug prevention or rehabilitation programs. The Drug and Alcoholism Council of Johnson County formed a grant review process that provides a structured and accountable system that allows organizations, through one application, access to funds from multiple jurisdictions.
The Council makes recommendations to cities for the expenditure of their funds. The City has ultimate authority and responsibility for determining the allocation of the City’s portion of the Alcohol Tax Fund. Information about the agencies requesting funds and the funding recommendation for the City of Prairie Village is attached
FUNDING SOURCE
Funding is included in the 2021 budget for the Parks and Community Programs.
ATTACHMENTS:
2021 Alcohol Tax Fund Recommendations Report o Appendix A – Funding Priorities o Appendix B – Review Committee Members o 2021 Alcohol Tax Fund Distribution Chart o 2021 Grantee List
Prepared By: Lisa Santa Maria, Finance Director Date: November 9, 2020
United Community Services of Johnson County
2021 ALCOHOL TAX FUND RECOMMENDATIONS REPORT Board Members Kate Allen, President DRUG and ALCOHOLISM COUNCIL OF JOHNSON COUNTY Patricia A. All, EdD Participating jurisdictions: Johnson County, Gardner, Leawood, Lenexa, Merriam, Mission, Brian S. Brown Olathe, Overland Park, Prairie Village, and Shawnee Jennifer Bruning Tara S. Eberline The purpose of the grant review process conducted by the Drug and Alcoholism Council of Robin Harrold Johnson County (DAC) is to direct local Alcohol Tax Funds (ATF) to alcohol and drug Tom Herzog Rev. Lee Jost prevention, education, intervention, detoxification, treatment, and recovery programs that Roxann Kerr Lindsey serve Johnson County residents. The entire community benefits when substance abuse is Donna Lauffer prevented and/or effectively treated. A continuum of services from education through Justin Nichols treatment and recovery is vital to reducing drug and alcohol use and addiction; this Hon. Donald Roberts continuum of services lowers healthcare costs; reduces crime and child abuse and neglect – Maury L. Thompson Kevin Tubbesing lowering associated public costs; and, increases productivity in employment. Rebecca Yocham Alcohol Tax Funds are derived from a state excise tax on liquor sold by the drink. Part of the
Council of Advisors revenue generated is returned to the jurisdiction (city or county) in which it was collected, Gary Anderson with the stipulation that a specified portion be used for programs “whose principal purpose Mary Birch is alcoholism and drug abuse prevention or treatment of persons who are alcoholics or drug Dick Bond abusers, or are in danger of becoming alcoholics or drug abusers” (KSA 79-41a04). Pat Colloton David Cook, PhD The DAC’s grant review process provides a structured and accountable system that allows Hon. Peggy Dunn organizations, through one annual application, access to funds from multiple jurisdictions. Hon. Ed Eilert The recommendations are guided by funding priorities which are reviewed and approved by Jeffrey O. Ellis SuEllen Fried the DAC annually. Every three to five years the priorities are developed through a formal Ellen Hanson planning and research process that includes input from key stakeholders, a review of current Terrie Huntington literature, and analysis of indicator data in Johnson County. In 2018, UCS conducted this Audrey Langworthy formal planning process and the DAC established funding priorities for the 2019, 2020, and Penny Postoak Ferguson 2021 grant cycles. The Funding Priorities Report is available on UCS’ website. It includes a Jill Quigley description of the methodology and a summary of the information collected and reviewed. Tom Robinett Clint Robinson The Board of County Commissioners and city councils have ultimate authority and Carol Sader Joseph Sopcich, PhD responsibility for determining which organizations receive funds from their respective Brad Stratton jurisdictions based upon the recommendations in this report. Jurisdictions are asked to Charlie Sunderland accept the recommendations by December 22, 2020. Together, Johnson County Stephen Tatum Government and nine cities committed $2,024,220 for 2021 ATF (see page 19). Note this David Warm ~6% reduction from 2020, due to reduced tax collections during the pandemic, has led to lower funding recommendations for all returning grantees. UCS has elected to reduce its Executive Director administrative fee for 2021 (see page 2). Twenty-five applications plus UCS administration fee Julie K. Brewer total $2,261,401 in funding requests. After reviewing applications, interviewing agencies, and deliberating, the DAC developed the following funding recommendations, which are organized in two sections: Education, Prevention, and Intervention; and, Treatment and Recovery.
For additional information, contact Christina Ashie Guidry, UCS Director of Resource Allocation, [email protected], 913.438.4764.
9001 W. 110th St., Suite 100 • Overland Park, KS 66210 P: 913.438.4764 • F: 913.492.0197 • ucsjoco.org 2021 Alcohol Tax Fund Requests and Recommendations
2019 2020 2021 2021 Applicant Allocation Allocation Request Recommendation EDUCATION, PREVENTION and INTERVENTION Blue Valley USD 229 $49,100 $32,146 $25,456* 17,951* De Soto USD 232 $32,229 $16,079 $20,979* 15,158* Olathe USD 233 $58,358 $9,440 $0* $0* Shawnee Mission USD 512 $27,000 $0 $0* $0* Spring Hill USD 230 $18,060 $16,060 $16,060 $14,141 Artists Helping Homeless $25,000 $35,000 $35,000 $28,281 Boys and Girls Club $15,000 $15,000 $15,000 $14,141 Cornerstones of Care $60,000 $75,000 $75,000 $70,703 First Call $65,000 $68,000 $68,000 $64,105 Heartland RADAC $159,734 $159,734 $159,734 $150,583 JoCo Court Services $141,377 $160,000 $182,000 $150,834 JoCo Dept. of Corrections $12,300 $15,725 $3,550* $3,347* JoCo Dept. of Corrections (Changing Lives Through Literature) $7,250 $7,250 $0* $0* JoCo MHC Prevention $120,000 $170,000 $187,000 $168,274 Safehome $24,301 $24,424 $24,473* $23,071* The Family Conservancy $40,000 $40,000 $40,000 $37,709 Subtotal $854,709 $843,858 $852,252 $758,298
TREATMENT and RECOVERY Friends of Recovery $58,000 $60,000 $75,000 $56,563 JoCo MHC Adolescent Center for Tx. $253,510 $321,373 $253,510 $238,648 JoCo MHC Adult DeTox Unit $289,922 $289,922 $289,922 $273,314 JoCo MHC Dual Diagnosis Outpatient $165,000 $165,000 $232,863 $219,523 KidsTLC $46,571 $46,571 $47,714 $44,981 KVC Behavioral HealthCare $35,000 $35,000 $70,000 $32,995 Lorraine’s House $25,000 $25,000 $25,000 $18,854 Mirror Inc. $176,000 $176,000 $191,000 $165,918 Preferred Family Healthcare $120,000 $120,000 $120,000 $113,126 Subtotal $1,169,003 $1,238,866 $1,305,009 $1,163922
Total $2,023,712 $2,082,724 $2,157,261 $1,922,200 UCS Administration Fee $99,000 $104,500 $104,500 $102,000 Total allocation/request & UCS Adm. $2,122,712 $2,187,224 $2,261,761 $2,024,220 *agency has 2020 ATF funds to carryover to 2021 due to effects of the global coronavirus pandemic
2021 ATF Recommendations 2 2021 ALCOHOL TAX FUND GRANT RECOMMENDATIONS
Education, Prevention and Intervention Alcohol Tax Funds (ATF) support programs offered by public school districts and programs delivered by community-based organizations, the 10th Judicial District Court, and departments of Johnson County government. School-based programs are focused on preventing and reducing substance abuse and addressing risk factors associated with substance abuse, such as disruptive behavior, suicide, and truancy. Community-based programs help lower rates of substance abuse, which result in lower mental and physical healthcare costs and reduced costs for law enforcement and the criminal justice system. Funding recommendations are based upon a review of each proposal (see Appendix A for criteria) and consider program type, outcome data, and accountability. Previously each district requested and received ATF support for AlcoholEdu. As a result of the Mental Health Center’s recent agreement with EverFi, the company which owns AlcoholEdu, the cost of AlcoholEdu is reduced and it is now available to schools county-wide (public and private) and all districts have access to EverFi’s online Mental Health Basics. In 2021, each school district will continue to report outcomes for AlcoholEdu, including knowledge gained and number of students served.
School District Programs Each school district offers a unique mix of programs to its students and parents, and each district has a mix of funding to support these programs. Consequently, ATF recommended programs and fund allocation differ for each district. In 2021, most district funding requests are reduced due to carryover from mandated closures due to the global pandemic in 2020.
Blue Valley School District Request: $25,456* Recommendation: $17,951* The DAC recommends Blue Valley School District be awarded $17,951, which combined with $12,000 in carryover, will result in an ATF budget of $29,951.* ATF supports the continuation of sobriety support groups led by therapists from outside the district; building drug and alcohol coordinators and district coordinators; and vouchers for substance abuse evaluations for students suspended for a drug or alcohol-related offense. The coordinators provide leadership and ensure fidelity on district initiatives such as AlcoholEdu, Project Alert, Reconnecting Youth, CAST, and sobriety support groups; they also evaluate the district’s Kansas Communities That Care (CTC) survey results.
Results Projected: The overall goals are to increase knowledge of substance abuse and available resources for education, prevention, and treatment of substance abuse; and, to reduce favorable attitudes towards substance use, and increase students’ resistance to social pressures related to substance/alcohol use. The district’s CTC survey results will be used to focus efforts. Community events will be held to increase awareness of the impact of substances on the brain and strategies for drug and alcohol prevention. There will be an increase in the number of student/families that use evaluation/treatment vouchers following a drug and/or alcohol infraction and there will be more consistent participation in sobriety groups. During the 2020-21 school year, the district anticipates serving approximately 12,685 individuals through ATF supported programs.
Outcomes Achieved During 2019: In School Year 2019 (SY 2019), 13,429 Johnson County residents were served through the Blue Valley School District. The 1,631 students who participated in
2021 ATF Recommendations 3 AlcoholEdu demonstrated an average increase in knowledge of 20% in pre and post-assessment. Students in the Sobriety Support groups maintained abstinence or made significant efforts to reduce use. Results from the CTC Survey indicated an increase in vaping (e-cigarettes) and some risk factors however norms favorable to drug use decreased. 12 students received drug and alcohol evaluations through ATF support. Over 250 people attended SY 2019 Vaping in the Valley Part I and over 100 families attended Vaping Part II; 100% agreed information presented was relevant and increased their understanding of prevalence and harmful effects of vaping. Over 90% agreed information could be put into practical use with their child.
De Soto School District Request: $20,079* Recommendation: $15,158* The DAC recommends the De Soto School District be awarded $15,158, which represents the same level of funding as 2020 less the ~6% reduction. Combined with district’s carryover of $900 ATF carry-over, this will result in an ATF budget of $16,058.* The ATF funds will support implementation of Too Good for Drugs (elementary school students), and two high school prevention clubs. Additionally, ATF funding will support the district’s coordinator for substance abuse programming, district social workers (.25 FTE divided between two social workers; 30-35% of their work is around substance abuse), staff development training related to substance abuse prevention and education, and student substance abuse evaluations.
Results Projected: Parents/family members will learn more about prevention and resources, both of which will help build protective factors within the family, and when applicable address substance use. Students who participate in Too Good for Drugs will demonstrate increased knowledge about their ability to make good choices. Students who use social work services will demonstrate an improved ability to resist using substances to cope and instead use other coping strategies/skills, thus deterring use of substances. During the 2020-21 school year, the district anticipates serving approximately 11,453 adults and 7,634 students through ATF supported programs.
Outcomes Achieved During 2019: During SY 2019, 10,946 adults and 7,296 youth were served. The district achieved its goals of exposing all students to prevention messages and providing parents an opportunity to learn more about prevention and resources. The 563 students who participated in AlcoholEdu demonstrated an average increase in knowledge of 26%, with the greatest gain in “future ready” which helps students recognize dangerous situations and resist social pressure.
Olathe School District Request: $0* Recommendation: $0* The Olathe School District is not requesting new funds for ATF programming in 2021; the DAC recommends the district utilize its $12,497* in carryover for student substance abuse assessments, parent education through Guiding Good Choices (provided in English and Spanish for parents of students who are identified by school), ASIST, and safeTalk, as detailed in its application. ASIST and safeTALK are suicide prevention programs which the district will provide to high school coaches and sponsors. The district utilizes First Call for education and prevention presentations, the cost of which is reflected in First Call’s ATF grant request.
Results Projected: The district’s goal is to reduce the percentage of students who have a perceived risk of drug use. The district also strives to decrease the number of students who report binge
2021 ATF Recommendations 4 drinking and cigarette use (30-day prevalence), and increase the age of first use of alcohol, tobacco and other substances. Parents who participate in Guiding Good Choices will report they are prepared to implement family meetings to review boundaries about alcohol and drug use and refusal skills. The district plans to train coaches and sponsors in safeTALK and ASIST to reduce/ prevent suicide, which is closely correlated with substance abuse. During the 2020-21 school year the district anticipates serving 2,398 students through ATF supported programs.
Outcomes Achieved During 2019: In SY 2019, 1,930 Johnson County residents were served. 1,740 students who participated in AlcoholEdu demonstrated an average knowledge increase of 33% based on pre and post-assessment. 39 alcohol/drug assessments were provided to students leading to counseling sessions and other interventions. During the first semester of SY 2020, the district provided fewer assessments for vaping and attributes reduced need to several interventions including an evening session for parents, anti-vaping clubs, student vaping summit, and increasing negative consequences for vape use. The district’s 2019 CTC Survey showed progress in decreasing students’ binge drinking and use of e-cigarettes (vaping).
Shawnee Mission School District Request: $0* Recommendation: $0* The Shawnee Mission School District is not requesting new funds for ATF programming in 2021; the district will utilize its carry over of $10,500* from savings in cost reduction of AlcoholEdu in 2019 to implement a new evidence-based program Signs of Suicide in eleven secondary schools and continue implementation of AlcoholEdu at the high school level. Signs of Suicide is an evidence- based program that fulfills KSA Sec. 79-41a04 as alcohol and drug use are recognized as contributing factors to some suicide attempts and completions. According to a 2018 report by the Kansas Health Institute, suicide is the second leading cause of death among 15- to 24-year- olds and alcohol and/or drug use are often complicating or contributing factors to suicide attempts and completions.
Results Projected: Students will increase knowledge about alcohol and be prepared to avoid riding in a vehicle with someone who has been drinking; stop a friend from driving drunk; resist social pressure to drink alcohol; and establish a plan to make responsible decision about drinking. Signs of Suicide training and programming will be implemented in all middle and high schools, reducing occurrence of suicide attempts and completions, reducing the stigma of seeking treatment, and increasing self-help seeking or seeking treatment for others. The district anticipates serving 1,395 Johnson County residents through AlcoholEdu and 12,000 students through Signs of Suicide.
Outcomes Achieved During 2019: The district served 1,787 students through AlcoholEdu in School Year 2019. Students participating in AlcoholEdu showed an average increase of 26% of knowledge gained based on pre and post-tests; the greatest gain was in the “future ready” category, which indicates that students recognize dangerous situations and resisting social pressure. The number of discipline incidents involving alcohol decreased by nearly half in SY 2019 from SY 2018 (from 36 to 18 incidents), but the number of incidents involving tobacco and vaping increased (from 163 in SY 2018 to 367 in SY 2019).
2021 ATF Recommendations 5
Spring Hill School District Request: $16,060 Recommendation: $14,141 The DAC recommends the Spring Hill School District be awarded $14,141 to support two evidence- based programs: Project Alert (7th grade) and Peer Assistance and Leadership (PAL – high school). Funding also includes support of Students Against Destructive Decisions (SADD – high school), and partial funding for the district’s Mental Health Clinical Social Worker who provides support to students in grades 6-12. In the 2020-21 school year, the district will participate in the CTC survey.
Results Projected: Upon return from the PAL retreat, students will be better equipped to talk with their peers about teen issues; monthly surveys will track the impact of PAL. SADD sponsors will collect student data on the impact of SADD programs. Pre and post-surveys will be used to determine impact of Project Alert. Project Alert is designed to help motivate youth to avoid using drugs and to teach them skills needed to understand and resist pro-drug social influences. The Mental Health Social Worker will provide data to the Director of Special Services regarding each of the student participants and how meeting with the Social Worker impacted them. The Social Worker will continue to have a positive impact on students’ lives. During the 2020-21 school year the district anticipates serving 2,700 individuals through ATF supported programs.
Outcomes Achieved During 2019: During SY 2019, 183 adults and 2,486 youth were served. In SY 2019, assessments of students taking AlcoholEdu indicated an average student knowledge increase of 31%. PALS students received training about how to handle tough situations, including peer pressure to use drugs and alcohol. PALS worked with over 525 students and reported alcohol and drug use are a high concern. During SY 2019, the Social Worker met with 30 students who were dealing with substance abuse issues (themselves, family members or both). When appropriate, students were referred to outside therapy to further reduce their risk of future substance abuse, or to counseling or treatment for substance abuse or dual diagnosis.
Note: Gardner Edgerton School District has not applied for ATF funding since 2015, but has access to AlcoholEdu through Johnson County Mental Health Prevention Services.
Community-Based Programs
Artists Helping the Homeless Request: $35,000 Recommendation: $28,281 The DAC recommends Artists Helping the Homeless (AHH) be awarded $28,281 for implementation of Be The Change, the organization’s primary program which helps individuals experiencing homelessness to access services and address underlying conditions. ATF supports services for individuals who are dealing with substance abuse issues and identify as Johnson County residents or are experiencing homelessness in the county (referred by Johnson County sources). Funds pay for staff who assess an individual’s needs and advocate, transport, and provide follow-up as client progresses from agency to agency. ATF support also funds services, direct assistance, and housing to facilitate recovery/reintegration. Sober living housing is available through AHH’s Bodhi House and Finnegan Place. Referrals to AHH come from hospitals, homeless and recovery agencies, law enforcement including New Century Detention, JoCo Mental Health including Detox, state mental
2021 ATF Recommendations 6 health and aging services, and qualifying individuals. The program utilizes “Housing First,” Recovery Oriented Systems of Care (ROSC), and Strengths-Based Approach.
Results Projected: AHH will assess, place in services and assist 160 Johnson County individuals who have issues with substance abuse, and who would otherwise be discharged from services, leading to homelessness and likely relapse. AHH will provide extensive care coordination services to 25 individuals, with 80% remaining sober and 90% obtaining full-time employment and/or school; these clients are typically alienated young adults who would likely fall back into the treatment- relapse-homeless cycle. AHH participants will successfully reintegrate into society and remain clean/sober as demonstrated by no new interactions with law enforcement and emergency room visits only for medical emergencies. Overall service numbers for 2021 are projected to be lower than 2020 due to reduced referrals during the global pandemic.
Outcomes Achieved During 2019: AHH provided housing and other intervention and recovery services to 195 Johnson County individuals who were dealing with substance abuse and experiencing homelessness. Fewer individuals were served in 2019 than AHH had anticipated, however units of service per individual increased. AHH attributes this to clients who face more complex challenges, leading AHH to provide a wider array of services over a longer period. Clients reported substantial reduction in use of substances, interaction with law enforcement (none for residents) and hospital admissions. 81% of residents reported continuing sobriety in residence, borne out by a 97% clean urinalysis rate for residents in random screenings. At year end, 70% of residents were employed and 88% in better health, reducing emergency room utilization dramatically. AHH exceeded its goal of an 85% retention/successful discharge rate for clients who participated in the reintegration program.
Boys and Girls Club Request: $15,000 Recommendation: $14,141 The DAC recommends the Boys and Girls Club be awarded $14,141 for implementation of SMART Moves (Skill Mastery and Resistance Training) at the Boys and Girls Club in Olathe. SMART Moves teaches Olathe club members (ages 5-18) to recognize and resist media and peer pressure to engage in tobacco/alcohol/drug use, and other risky behavior. Olathe School District provides transportation to the Club from Central Elementary, Oregon Trail Middle School, Washington Elementary, and Olathe North High School.
Results Projected: The overall objective is to prevent or delay the onset of alcohol and drug use. Program participants will demonstrate an increase in knowledge of the dangers of alcohol and drug use, and the use of tools and strategies to resist peer pressure and media influence. Youth will self- report abstinence from alcohol and drug use. The organization anticipates serving 370 Olathe youth during 2021.
Outcomes Achieved During 2019: During 2019, 348 youth were served. As indicated by pre and post-tests, 95% of program participants demonstrated an increase in knowledge of the dangers of alcohol and drug use. 95% also increased their knowledge of the use of tools and strategies to resist peer pressure and media influence, and also demonstrated an increase in knowledge about how to resolve conflict non-violently.
Cornerstones of Care
2021 ATF Recommendations 7 Request: $75,000 Recommendation: $70,703 The DAC recommends Cornerstones of Care be awarded $70,703 for the implementation of Functional Family Therapy (FFT), an evidence-based in-home family intervention program which addresses a variety of problems facing at-risk youth and their families. ATF supports FFT for Johnson County youth who have an identified problem with substance abuse (identified by family or referral source such as the Juvenile Intake and Assessment Center, Court Services, District Court and the Johnson County Department of Corrections).
Results Projected: Following the completion of Functional Family Therapy, families will report improved family relationships (reduced levels of conflict and improved communication), and youth will demonstrate a decrease in delinquent behavior (not be adjudicated on a violation of the law or charges related to drugs and/or alcohol). During 2021 Cornerstones anticipates serving 95 Johnson County residents whose problems are related to substance abuse.
Outcomes Achieved During 2019: During 2019, 97 individuals were served. Following each family’s completion of Functional Family Therapy, all the youth and their parents who completing the Client Outcome Measure reported improved family relationships (reduced levels of conflict and improved communication). 89.5% of youth who completed Functional Family Therapy during 2019 had no subsequent charges related to drugs and/or alcohol from the Johnson County Office of District Attorney.
First Call Alcohol/Drug Prevention & Recovery Request: $68,000 Recommendation: $64,105 The DAC recommends First Call be awarded $64,105 to deliver Family Prevention Services in over a dozen Johnson County sites, and to Johnson County residents at First Call. Services include the How to Cope program; Caring for Kids program for Rushton Elementary and Hocker Grove Middle School; sobriety groups with Olathe South High School and Blue Valley Schools; Life Skills Training with Olathe High Schools, Olathe Schools Project Hope, and three Shawnee Mission District elementary schools and one middle school; and Prevention Education through local schools and community events. The How to Cope program helps adult family members who are living with someone who has a substance use disorder. Children and adolescents in the Caring for Kids program attend psycho-educational groups which teach them about the effects of substance abuse disorder in the family and help them to regain a healthy lifestyle. ATF support is also recommended for First Call’s education presentations which reach school-aged youth and the general community.
Results Projected: The overall goal is that participants lead safe, healthy lives and avoid substance use, misuse and addiction. Participants in How to Cope, Caring for Kids, and prevention/education presentations will increase their knowledge of the harmful effects of alcohol, tobacco, and other drugs. Participants in the Caring for Kids and How to Cope will complete a plan of action to promote healthy relationships and resistance to abusing substances. Participants in Life Skills Training will demonstrate positive change in knowledge and attitudes related to alcohol, tobacco, drugs and protective life skills. Participants in Say It Straight and Sobriety Group will engage in and contribute to group activities. First Call anticipates serving 1,265 Johnson County residents during 2021; this reduction is due to restrictions in providing services in schools and in large trainings due to the global pandemic. First Call is providing virtual trainings in 2020 and will continue to do so in 2021.
2021 ATF Recommendations 8 Outcomes Achieved During 2019: During 2019, 1,469 individuals were served. Nearly 96% of surveyed participants in How to Cope increased their knowledge of the harmful impact of alcohol, tobacco, and other drugs. Nearly 91% of participants in Caring for Kids who completed the course also reported increased knowledge. Students demonstrated a 12% increase in knowledge gained through Life Skills Training related to protective life skills and the harmful effects of drugs, alcohol, tobacco, and other drugs.
Heartland Regional Alcohol & Drug Assessment Center (RADAC) Request: $159,734 Recommendation: $150,583 The DAC recommends that Heartland RADAC be awarded $150,583 to support its recovery coaching, intensive case management (ICM), and care coordination for Johnson County individuals who have co-occurring substance use disorders and mental health issues, experiencing homelessness or at-risk of homelessness, and needing treatment or treatment-related services. Recovery coaching helps clients engage in the recovery community and is provided in conjunction with case management and care coordination services. The program also purchases services and items needed to secure safe housing, access treatment, promote recovery, and eliminate barriers to success. When clinically appropriate, HRADAC assists clients in accessing Medication Assisted Treatment (MAT).
Results Projected: When clients begin ICM typically they are experiencing homelessness and un- treated mental health and substance abuse issues. Therefore, results focus on accessing services and maintaining conditions in three areas of improvement – housing, substance use, and mental health services. Housing includes accessing safe temporary, transitional, permanent, or permanent supportive housing. Substance use includes engaging in treatment, recovery groups, and Recovery Oriented Systems of Care with a Recovery Coach. Mental health services focus is on accessing services. During 2021 Heartland RADAC anticipates serving 100 Johnson County clients.
Outcomes Achieved During 2019: During 2019, HRADAC served 134 Johnson County residents. 78% obtained permanent or transitional housing and 96% of ICM clients engaged in recovery activities after initiating ICM services. Recovery activities included engaging in substance abuse treatment (72%), accessing 12-Step or other recovery support groups (75%), and utilizing Recovery Oriented Systems of Care with a recovery coach (77%). Additionally, 26 individuals accessed MAT. Of the ICM clients who had a mental health diagnosis, 80% accessed mental health services after they began ICM, a 32% increase over those accessing services prior to entry.
Johnson County District Attorney’s Office (previously Court Services): Juvenile Drug Court, Minor-In-Possession, Drug and Alcohol Diversion Programs Request: $182,000 Recommendation: $150,834 The DAC recommends Johnson County Court Services be awarded $150,834, which represents level funding from 2020 less the ~6% decrease. ATF will support the salary and benefits of two Court Service Officers who supervise clients in the Juvenile Drug Court, the Minor-In-Possession (MIP) program, and other clients who have drug/alcohol contract cases. An increase was requested for the Officers’ increase in benefit costs, cost of living adjustments, and performance increases. Given limited ATF resources, the full request is not recommended for funding; this is not a reflection on the Officers’ quality of work or the program. The Juvenile Drug Court targets first-time offenders applying for diversion who present with serious drug and/or alcohol issues. The MIP program is a
2021 ATF Recommendations 9 non-Court resolution of a police report when a juvenile has been in possession of alcohol. Both programs increase youths’ motivation to remain drug/alcohol free. Drug and Alcohol contract cases are an Immediate Intervention with offenders who have a drug and/or alcohol problem that requires education, intervention, and/or completing random drug screens in addition to the requirements of the standard contract and do not qualify for drug court or the MIP program.
Results Projected: Youth will remain drug free and crime free. Youth will increase involvement in pro-social activities and improve their school grades. Parents will rate their child’s compliance as increasing. During 2021, Court Services anticipates serving 654 Johnson County youth.
Outcomes Achieved During 2019: During 2019, 533 youth were served. Increase in motivation to remain drug free was measured by improvement in school grades, involvement in pro-social activities, drug screens and parental feedback. The average semester GPA of a Drug Court client at the start of Drug Court was 2.8, and at the completion of Drug Court, the average semester GPA was 3.1. Surveys completed by parents indicated youths’ increase in motivation in treatment and following court orders, and improved family relationships. 83% of youths’ drug screens were negative for all substances and 42 youth received incentives ($10 gift card) for achieving milestones, such as 90 days of clean drug screens and improved grades.
Johnson County Department of Corrections: Voucher Assistance Request: $3,550* Recommendation: $3,347* The DAC recommends the Department of Corrections be awarded $3,347, which in addition to the $8,450 in ATF funds carried over from 2020, provides a total of $11,897* for the Voucher Assistance program. This program supports substance use disorder evaluations and treatment for adult offenders who face financial barriers to obtaining those services. Voucher assistance will be provided to adults in the Adult Residential Center (ARC), and adults who are under Intensive Supervised Probation, House Arrest, or Bond Supervision. Evaluation and treatment services will be provided by providers who maintain licensure pursuant to the Kansas Behavioral Sciences Regulatory Board and who have demonstrated success in keeping clients engaged.
Results Projected: Adults who receive vouchers will obtain an evaluation within 30 days and initiate recommended treatment within 60 days post evaluation, and successfully complete treatment. Corrections anticipates serving 40 Johnson County clients during 2021.
Outcomes Achieved During 2019: During 2019, 58 individuals were served through 78 vouchers for services. 42% of vouchers were for evaluation and 58% for treatment. 94% of those referred for evaluation received it within 30 days. During 2019, 43 individuals became actively engaged in treatment: 13 individuals were pending completion at the end of 2019, 25 had successfully completed treatment, and 5 were unsuccessfully released from treatment.
Johnson County Department of Corrections: Changing Lives Through Literature Request: $0* Recommendation: $0* The DAC recommends the Department of Corrections continue the Changing Lives Through Literature program (CLTL) utilizing the $5,753.86* in carryover funding from 2020, as the applicant requests. This alternative intervention program targets moderate risk criminal defendants. Participants are under court-ordered supervision or contracts of diversion, and typically have
2021 ATF Recommendations 10 histories of drug and/or alcohol use (70% of those referred to program in first six months of 2020). For those on diversion, a criminal conviction is likely averted with completion of CLTL and meeting other diversion conditions. The program uses literature, the majority of which addresses themes of substance abuse, to impact the lives of clients through reading and group discussion. The program is free of charge and offered outside of traditional work hours. CLTL participants, judges, and probation officers read literature and participate in facilitated discussion which promote self- reflection and behavioral change.
Results Projected: Participants will successfully complete the program and not be arrested for new charges or show evidence of drug or alcohol use. Corrections anticipates serving 32 Johnson County participants during 2021.
Outcomes Achieved During 2019: During 2019, 38 individuals participated in the program with 32 completing the program. 97% of participants had no new known arrests, as tracked by Department of Corrections. 81% of participants in the program tested negative for alcohol or drug use as screened by Department of Corrections.
Johnson County Mental Health Center, Prevention Services Request: $187,000 Recommendation: $168,274 The DAC recommends Prevention Services be awarded $168,274 in ATF funds to support the cost of AlcoholEdu for all school districts and schools, public and private, in Johnson County as well as staff (1.5 FTE) who provide prevention services in three areas: youth mobilization, education and training, and community engagement; and, other expenses associated with the Youth Leadership Summit and the End the Trend Campaign (use of social media for public service announcements about vaping). During the annual Youth Leadership Summit middle school and high school student leaders are trained on effective prevention strategies and action planning for implementation of those strategies. Action plans created at the Summit focus on adolescent problem behaviors prioritized by each school. Prevention Services consults with school districts, facilitates the Prevention Roundtable, and provides training and technical assistance to cohorts of Strengthening Families, an evidence-based prevention program for high-risk families.
Results Projected: Youth Leadership Summit and Teen Task Force student participants will increase their knowledge of effective prevention strategies for impacting adolescent problem behaviors and increase confidence in their abilities to implement strategies. Teen Task Force members will contribute towards planning and implementing strategies and initiatives related to drug and alcohol prevention. Participants in Strengthening Families will indicate an increase in knowledge and confidence. End the Trend will earn 100,000 impressions across social media platforms. Participants in the school Prevention Roundtable will indicate an increased level of knowledge and confidence. Technical assistance to school districts will help increase the participation rate of students taking the CTC survey. Students who use AlcoholEdu will increase their knowledge across all program modules. During 2021, Prevention Services anticipates serving 2,540 Johnson County residents.
Outcomes Achieved During 2019: Nearly 98% of middle school and 87% of high school students who attended the August Youth Leadership Summit indicated an increased level of knowledge and confidence in their abilities. Participants included over 147 youth leaders and 48 advisors from 28 schools in Johnson County. As result of Summit, approximately 56 project activities were planned.
2021 ATF Recommendations 11 The School Prevention Roundtable held 13 meetings and trainings to enhance school best practices in prevention; 100% of surveyed participants applied new knowledge in the school setting and found the Roundtable beneficial to their work within the school. Through the Roundtable and Greenbush (the Southeast Kansas Education Service Center), technical assistance was provided to districts that helped increase the participation rate of students taking the CTC survey from 36.8% in 2018 to 48.2% in 2019. 87% of participants in the Strengthening Families cohorts indicated an increase in knowledge and confidence and the End the Trend campaign received nearly 120,000 impressions across Facebook, Instagram, and Snapchat.
Safehome Request: $24,473* Recommendation: $23,071* The DAC recommends Safehome be awarded $23,071 to continue its substance abuse support program for shelter residents. Combined with Safehome’s carryover of $3,142, this will result in a 2021 ATF budget of $26,213.* The program includes on-site substance abuse assessment (informal and SASSI-4, if applicable), education, in-depth assessment as needed, clinical therapy sessions that address substance abuse issues, and referrals as needed to intervention or treatment programs, with help making connection to services. ATF dollars support a portion of salary and benefits for the Adult Shelter Therapist who spends approximately 30% of his time on completing assessments and making referrals to community partners, supplies, assistance to clients (such as transportation vouchers for travel to treatment), drug testing, bio waste disposal, and professional training.
Results Projected: Individuals will be assessed for substance abuse utilizing SASSI-4 and will identify maladaptive behavior patterns and demonstrate increased knowledge of the role of addiction in domestic violence. The Adult Shelter Therapist will help substance abusers identify healthy coping strategies which they can implement in place of unhealthy coping strategies. The organization anticipates serving 125 individuals during 2021.
Outcomes Achieved During 2019: All clients who were identified as abusing substances received two referrals to substance abuse services. Of tracked clients, 96% reported following through with referral; of those, 89% reported the referral was helpful. In response to Safehome’s questionnaire, 95% of clients indicated they felt supported by Safehome therapists and 84% indicated the therapist helped them identify at least three healthy coping strategies.
The Family Conservancy Request: $40,000 Recommendation: $37,709 The DAC recommends the Family Conservancy be awarded $37,709 for two programs: Substance Use Screening and Education and implementation of Conscious Discipline programming in four Johnson County childcare centers that serve families living at or below the Federal Poverty Level. Those who screen positive for substance misuse receive substance use education as needed and are referred to community resources when appropriate. Conscious Discipline is an evidence-based self- regulation program that integrates social-emotional learning and discipline, fostering healthy development to prevent future risk of substance abuse.
Results Projected: Clients in counseling programs will successfully complete their treatment plan and report increased knowledge of harmful effects of misuse of substances. Clients who report they have a family member with substance misuse problems will report improved knowledge or experience attitude changes to support family health. Parents and teachers completing the
2021 ATF Recommendations 12 Conscious Discipline program will maintain or show an increase in four of the seven “Powers/ Beliefs” which Conscious Discipline utilizes to help teach self-regulation (override impulsive and reactive tendencies), and which results in positive child guidance and responsiveness to needs of child. Further, parents and teachers will use multiple applications of the strategies they learn. During 2021 the agency anticipates serving 643 Johnson County residents.
Outcomes Achieved During 2019: In 2019, Family Conservancy served 221 adults and 257 children in Johnson County; 99% of clients, who reported a family member with substance misuse problems, increased knowledge or experienced an attitude change that supported the family’s health. 98% of clients reporting a substance misuse concern increased their knowledge of the harmful effects of substance abuse. Of all closed cases, 88% indicated successful completion of their counseling treatment plan. 94% of participating parents and teachers demonstrated an increase in positive child guidance mindset after training in Conscious Discipline. 82% showed improvement in at least four of the seven Powers/Beliefs (perception, attention, unity, free will, acceptance, love and intention), and 85% indicated successful utilization of strategies learned.
Treatment and Recovery Alcohol Tax Funds are recommended to support nine treatment and recovery programs delivered by community-based organizations and Johnson County Mental Health Center. In general, treatment programs help to reduce substance abuse, lead to positive individual change and productivity, reduce mental and physical healthcare costs, improve public safety, and reduce law enforcement and court costs. Funding recommendations are based upon a review of each proposal and consider type of programming, outcome data, and accountability.
Friends of Recovery Association Request: $75,000 Recommendation: $56,563 The DAC recommends that Friends of Recovery (FORA) be awarded $56,563, level funding with 2020 less the ~6 decrease, for its program which serves individuals seeking to sustain their recovery from substance abuse while living in Oxford Houses. Oxford Houses are self-sustaining, democratically run, transitional homes. Participants include adults who are experiencing homelessness or in danger of homelessness, individuals with mental health challenges, and adults recently released from incarceration. FORA’s program includes case management (education, mediation, mentorship, crisis intervention and advocacy) which is intended to reduce effects of trauma, including PTSD, among substance using individuals. FORA utilizes a peer mentorship model (alumni or current residents) to help newly-recovering residents. In the last four years, Friends of Recovery has opened 12 additional Oxford Houses in Johnson County for a total of 40 Oxford Houses in Johnson County.
Results Projected: Two new houses will be opened in Johnson County, which will result in more individuals being served. The number of individuals leaving the houses in good standing will increase; more residents will be employed, and fewer will relapse. FORA will continue to train all houses on the use of Narcan and have it available within each house. During 2021 FORA anticipates serving approximately 743 Johnson County participants.
Outcomes Achieved During 2019: During 2019, 801 adults were served and two new houses, including one for men with children, were opened. In 2019, FORA developed a questionnaire
2021 ATF Recommendations 13 regarding past use of opioids and learned that 50% of residents had used opiates; approximately half of these respondents had spent over a year in recovery and the other half less than a year in recovery. Oxford House performed Narcan trainings with over 250 members and alumni and trained all of its Johnson County houses in the use of Narcan in preventing an overdose. FORA is working to secure donations of Narcan to ensure every Johnson County house has it available; currently one-third of houses are equipped with it.
Johnson County Mental Health Center, Adolescent Center for Treatment (ACT) Request: $253,510 Recommendation: $238,648 The DAC recommends $238,648 in funding for Johnson County Mental Health Center's Adolescent Center for Treatment (ACT); ACT’s funding request is $67,873 lower than in 2020. In 2020, Johnson County Mental Health moved to a new location, resulting in a reduction in beds from 21 to 10 in this program. ACT has also shifted its new (in 2020) outpatient program for adolescents to its Dual Diagnosis program, along with the $67,873 in funding allocated for adolescent outpatient treatment. ATF support is recommended for the 10-bed residential treatment program for youth ages 12-18. The ACT is the only specialized youth residential program for treatment of substance use disorders in the state of Kansas. Most residential patients are court-ordered; some are from the foster care system. ACT offers a sliding fee scale to ensure that no clients are turned away due to financial reasons. At the request of juvenile court judges, ACT conducts screenings of incarcerated youth for residential treatment.
Results Projected: Clients remain in treatment for a minimum therapeutic length of stay and receive a “successful completion” upon discharge. On discharge surveys, clients will rate the program favorably in areas of program quality and staff performance. During 2021 ACT anticipates serving 37 Johnson County youth in the residential program.
Outcomes Achieved During 2019: During 2019, 32 Johnson County youth were served. 78% of clients admitted to ACT remained in treatment for the minimum therapeutic length of stay (21 days for first-time admissions and 14 days for re-admissions). On client satisfaction surveys at discharge, the program received an average rating of 4 on a 5-point scale point (rates program quality and staff performance). 79% of clients successfully completed treatment.
Johnson County Mental Health Center, Adult Detoxification Unit (ADU) Request: $289,922 Recommendation: $273,314 The DAC recommends the Johnson County Mental Health Center Adult Detoxification Unit be awarded $273,314. In 2020, Johnson County Mental Health moved to a new location, resulting in a reduction in beds from 14 to 10 in this program. The Adult Detox Unit is a social detoxification center which delivers services at no cost to adult Kansas residents 24 hours a day, seven days a week. Admissions primarily come through hospitals and law enforcement. The ADU is the only social detoxification program located in Johnson County and is a cost-effective alternative to hospital emergency rooms or incarceration.
Results Projected: Clients will successfully complete detoxification as evidenced by remaining in detox until staff recommend discharge. Clients who successfully complete detox will have a written discharge plan documenting a referral for ongoing services. At time of discharge, clients will rate the program favorably in areas of program quality and staff performance. Due to loss of residential
2021 ATF Recommendations 14 beds and the necessity for single occupancy due to COVID-19 restrictions, during 2020 the Mental Health Center ADU anticipates serving 236 clients from Johnson County.
Outcomes Achieved During 2019: During 2019, 425 adults were served. 80% of clients remained in detox until staff recommended discharge. Of all clients, not just those who successfully completed detox, 83% had a written discharge plan that documented a referral for ongoing services. For clients who left without personalized discharge instructions, ADU provided standard discharge instructions. On satisfaction surveys regarding program quality and staff performance, the average rating was 4.7 on a 5-point scale.
Johnson County Mental Health Center, Dual Diagnosis Outpatient Program Request: $232,863 Recommendation: $219,523 Johnson County Mental Health Center's Dual Diagnosis Outpatient Program requested the $67,873 in funding for the (new in 2020) adolescent outpatient program be shifted from ACT’s residential program budget to this outpatient program budget. Accordingly, the DAC recommends that the Dual Diagnosis Outpatient Program be awarded a total of $219,253. ATF funding supports integrated outpatient treatment to juveniles and adults who have co-occurring substance use disorders and mental health disorders, allows for a continuum of care for adolescents stepping up or down from ACT, and provides Medication Assisted Treatment (MAT) on a limited basis for clients who are appropriate for this treatment, but have no means to pay for it. The Dual Diagnosis program uses a sliding fee scale to assure access.
Results Projected: Adult Outpatient: Clients with dual diagnosis will remain alcohol/drug free while participating in the program. Clients will complete at least eight hours of treatment before discharge (excluding “evaluation only” individuals). Clients will not engage in new criminal activity while participating in the program. Adolescent Outpatient: Clients admitted to the outpatient program will remain in treatment for at least six sessions, and youth discharged from the outpatient program will remain drug/alcohol free during past 30 days. In 2021, 684 Johnson County residents are anticipated to be served through the Dual Diagnosis program.
Outcomes Achieved During 2019: During 2019, 508 Johnson County residents were served. 86% of clients remained alcohol/drug free while participating in the program; 60% of all clients completed at least eight hours of treatment before discharge; and 99% of clients did not incur new legal charges while participating in treatment.
KidsTLC Request: $47,714 Recommendation: $44,981 KidsTLC is licensed by the State of Kansas as a Psychiatric Residential Treatment Facility (PRTF). The DAC recommends KidsTLC be awarded $44,981 to support substance abuse screening/assessment, evaluation, prevention/education, and clinical treatment for youth ages 13-18 (and younger youth as needed) who reside within the agency’s PRTF. Clinical treatment is provided to youth who are dually diagnosed with substance use disorder and mental health issues. The evidence-based Seeking Safety curriculum is utilized in treatment. Through ATF funding, KidsTLC has added Eye Motion Desensitization Reprocessing (EMDR) to its clinical services to support clients in addressing trauma that may trigger substance abuse. Relapse prevention sessions are provided to PRTF residents who are maintaining sobriety. Prevention education, which utilizes the evidence-based program Positive Action, is provided to all youth in the PRTF.
2021 ATF Recommendations 15
Results Projected: Youth will remain abstinent from drugs and alcohol during their treatment (evidenced by a urinalysis after youth returns from a pass outside the PRTF). Youth will feel they have sufficient access to substance abuse services and supports. At discharge youth will report overall improvement due to services received, and an increase in hopefulness and functioning. The program will help sustain the youth’s recovery and provide linkages to community support. During 2021 the agency projects serving 47 Johnson County youth.
Outcomes Achieved During 2019: During 2019, 46 Johnson County youth were served. At discharge youth reported overall improvement due to services received. Indicators of this outcome were: 83% of youth were “somewhat” or “very confident that things will improve in their life regarding substance abuse”; 91% reported an improved outlook at time of discharge, compared to admission; and, 79% of youth assessed at the Relapse Prevention and the Seek Safety substance abuse level self-reported maintenance or a decrease in problem severity between admission and discharge. At discharge, 96% of youth receiving Seeking Safety services remained abstinent, as determined by urinalysis after returning from a pass outside with parent/guardian.
KVC Behavioral HealthCare Request: $70,000 Recommendation: $32,995 The DAC recommends KVC Behavioral HealthCare be awarded $32,995 for Family Substance Abuse Recovery Services, level funding with 2020 less the ~6% decrease. This program serves Johnson County families who have had children removed to foster care and have been assessed by a KVC case manager or therapist; or, are referred by Kansas Department of Children and Families (DCF). During the family assessment, family members are screened for indication of substance abuse. If indicated, a referral is made to KVC’s Licensed Addiction Counselor (LAC) for the KS Client Placement Criteria (KCPC) to be administered. If need for treatment is determined as result of the KCPC, KVC provides outpatient in-home treatment for families willing to participate. Other options include referring families to local support groups and in-patient therapy.
Results Projected: Outpatient services will be provided in-home and families/individuals will report an increase in striving to improve family stability through lifestyle changes. Clients will complete intake within 10 days of being referred and assigned to a KVC LAC. KVC will assess participants after completion to monitor their ongoing success in maintaining the outcome goals that were originally established. KVC anticipates serving 70 Johnson County adults in 2021.
Outcomes Achieved During 2019: During 2019, 38 adults and 11 youth were served. All families were contacted and offered an intake appointment within 10 days of the referral. All the outpatient services and treatment sessions were completed in the clients’ home. After their last appointment, clients engaged in KVC’s substance use disorder treatment program were asked to respond to a survey that included the AWARE assessment, an evidence-based tool evaluating risk factors connected to relapse and probability of relapse. All KVC clients who took the assessment fell in the 11% average range. Having a low probability of relapse indicates family and support connections and overall higher levels of stability and quality of life. According to the National Institute on Drug Abuse (2018), relapse rates for substance-use disorders is approximately 40-60%.
Lorraine’s House Request: $25,000 Recommendation: $18,854
2021 ATF Recommendations 16 The DAC recommends Lorraine’s House be awarded $18,854. Lorraine’s House is a structured transitional living program for women recovering from addiction. Founded in 2016, Lorraine’s House is comprised of two homes located in Johnson County and serves women who are transitioning from residential treatment, incarceration, unhealthy living environments or detox. Lorraine’s House is considered a non-therapeutic milieu. Residents are expected to follow house rules, pay rent, be employed (or actively seeking employment), remain abstinent, and participate in recovery-oriented groups. Referral sources include Heartland Regional Alcohol and Drug Assessment Center, Johnson County Mental Health, hospitals, crisis centers, prison ministries, and former residents.
Results Projected: Clients achieve their goal of living a sober, self-sufficient life in recovery. Results include stable housing, attendance in a community-based support group (positive social connectedness), and sustained employment. In 2020, Lorraine’s House had to close a third house and return to two houses; it hopes to add a third house again in 2021. Lorraine’s House anticipates serving 64 Johnson County residents in 2021.
Outcomes Achieved During 2019: During 2019, 82 Johnson County adults were served. Stable housing and employment are key factors in support of recovery. 80% of residents were in compliance with requirements to attend at least three recovery-oriented meetings weekly and 90% were employed (10% disabled or retired). 71% of residents successfully completed the program as reflected by their maintaining sobriety and employment and leaving the program self-supporting.
Mirror, Inc. Request: $191,000 Recommendation: $165,918 The DAC recommends Mirror be awarded $165,918, level funding with 2020 less the ~6% decrease, to support its residential treatment component for Johnson County adults with co-occurring disorders. Located in Shawnee, this program addresses the needs of clients who fall below 200% of the Federal Poverty Level and cannot access services in a timely manner due to limited state block grant funding. Mirror’s 34-bed facility is the only residential program located in Johnson County that serves this population.
Results Projected: The goal of the program is to provide quicker access to treatment services for Johnson County residents who have no resources to pay for treatment and to aid them in accessing support services after treatment completion and discharge. Results include reduced time on Mirror’s wait list for Johnson County clients as compared to the average wait time for Block Grant funded clients. Discharged clients will remain in compliance with all discharge recommendations, such as continued mental health care, substance abuse aftercare, stable housing and use of support systems, 30 days following treatment. Client confidence level in handling high risk situations that could lead to substance use will increase from the time of admission to discharge. During 2021 Mirror anticipates serving 171 Johnson County residents with its ATF grant.
Outcomes Achieved During 2019: During 2019, 128 Johnson County adults were served. Of clients who were discharged, 73% were compliant with discharge recommendations. Based upon self- reporting, clients’ confidence level in handling high risk situations that could lead to substance use increased from 53% at admission to 82% at discharge. The cumulative average that clients entering the co-occurring disorder (COD) program spent on a waiting list was 12.5 days, compared to an average wait list time of 57 days for clients funded by the state block grant. Mirror’s experience is
2021 ATF Recommendations 17 that the longer a person waits for treatment, the more likely they are not to follow through with the treatment when an opening is available.
Preferred Family Healthcare, Inc. Request: $120,000 Recommendation: $113,126 The DAC recommends Preferred Family Healthcare (PFH) be awarded $113,126. ATF supports the delivery of outpatient substance abuse treatment and treatment for co-occurring disorders of substance abuse and mental health disorders to Johnson County residents with limited or no resources to pay for services (e.g. uninsured, indigent and low-income residents). PFH operates multiple facilities in multiple states, including a Level I Outpatient Treatment and Level II Intensive Outpatient Treatment center in Olathe providing assessment, individual and group counseling, and drug testing. Treatment interventions include Cognitive Behavioral Therapy, Trauma-Focused Cognitive Behavioral Therapy, Motivational Interviewing, Motivational Enhancement Therapy and Eye Movement Desensitization and Reprocessing Therapy. PFH offers services on an income-based sliding fee scale. With approval of the clinical supervisor, individuals with extenuating circumstances who are unable to pay the fee based upon the sliding scale, are not assessed any fees, except for drug/alcohol testing. During 2021 PFH projects serving 439 Johnson County residents.
Results Projected: Clients will successfully complete treatment. Clients who are not disabled or retired will obtain or maintain employment or involvement in educational activities. Clients will have no arrests while in treatment. Clients who are in treatment will remain abstinent from substance use. Clients will obtain and/or maintain housing.
Outcomes Achieved During 2019: During 2019, 604 individuals were served, 518 of which are Johnson County residents. 83% of clients randomly tested while in treatment tested negative for substance use. 91% of clients who were not disabled or retired reported they were employed or involved in educational activities. 81% of clients successfully completed treatment. During the first half of 2019, 18% of clients paid no fee; in the second half, 26% paid no fee for services.
2021 ATF Recommendations 18
2021 Alcohol Tax Fund Participating Jurisdictions
Jurisdiction Amount Johnson County Government $140,667 City of Gardner $19,200 City of Leawood $200,000 City of Lenexa $135,000 City of Merriam $20,000 City of Mission $50,000 City of Olathe $215,000 City of Overland Park $1,118,000 City of Prairie Village $40,000 City of Shawnee $86,353 Total Alcohol Tax Fund $2,024,220
The recommended grant awards represent the maximum ATF award for the calendar year and are based upon an estimate from local jurisdictions of local liquor tax revenue. Awards will only be made if jurisdictions receive adequate revenue. Actual dollars disbursed are dependent upon local liquor tax revenue received by participating jurisdictions. Neither United Community Services (UCS) nor the Drug and Alcoholism Council is responsible for a reduction in ATF fund awards payable by participating jurisdictions.
2021 ATF Recommendations 19 APPENDIX A DRUG & ALCOHOLISM COUNCIL of JOHNSON COUNTY FUNDING PRIORITIES
ATF Funding Priorities 2021 By legislative mandate, ATF dollars must be used to fund programs “whose principal purpose is alcoholism and drug abuse prevention and education, alcohol and drug detoxification, intervention in alcohol and drug abuse or treatment of persons who are alcoholics or drug abusers or are in danger of becoming alcoholics or drug abusers.” KSA §79-41a04 (as amended).
For the purpose of the ATF application, these programs are generally defined as follows: • Education and Prevention programs are designed to promote awareness and self-efficacy, and provide information, activities, and skill building to prevent problems with, or addiction to, alcohol and/or drugs. • Intervention programs are designed to interrupt alcohol and/or drug use, and may include activities applied during early stages of drug use which encompass preventing the transition from drug use to abuse. • Substance Abuse Treatment programs are licensed by the State of Kansas to provide substance use disorder treatment services and are designed to assist clients with stopping use of alcohol and drugs and avoiding relapse.
Numbering of priorities does not indicate one is more important than another.
Overall priority is given to: 1. Programs that target populations who are at-risk for substance use or abuse such as individuals who have mental health issues, individuals who are homeless and/or have other co-occurring issues, and individuals involved in the child welfare or criminal justice system. 2. Programs that address barriers to service including hours of operation, transportation, lack of care for children of parents seeking services, and physical location. 3. If fees are charged for services, there are accommodations for those clients with no ability, or limited ability, to pay the fees (such as a sliding fee scale based upon income). 4. Programs that demonstrate competency in addressing language and cultural barriers, and provide bilingual services in high demand languages, such as Spanish. 5. Programs that provide services to meet a current community need (defined through indicator data or Kansas Communities That Care survey trends). 6. Programs that demonstrate an awareness of the role of trauma in prevention and treatment of substance use and utilize a trauma informed care approach in delivery of services. 7. Programs that are evidence-based or reflect a best or promising practice, and include measures to ensure fidelity. 8. Programs that utilize measurable outcome data to improve service delivery. 9. Strategies and services that involve families, parents, guardians, and/or other support systems. 10. Programs that demonstrate through service delivery, competency in addressing the interrelationship between substance use/abuse and other risk factors as defined above in priority number one.
2021 ATF Recommendations 20 Priorities for Education and Prevention Programs include: 1. Strategies that seek to delay onset of first use of substances. 2. Programs that target use of gateway drugs and address new trends in drug use across all age groups. 3. Programs that utilize Risk and Protective Factors strategies.
Priorities for Treatment and Intervention Programs include: 1. Programs that provide effective treatment strategies for individuals with co-occurring substance use and mental health disorders. 2. Programs that serve targeted populations with early intervention strategies. 3. Programs that collaborate with other organizations and sectors, and provide linkage to community supports. 4. Programs that incorporate Recovery Oriented Systems of Care (ROSC) which sustain and support recovery, including but not limited to providing peer support, housing, case management, and/or to linkages to recovery communities and activities.
Applications are evaluated according to these criteria: • Community Need o How the program addresses a clearly-stated community need, or opportunity to address a community need. o Does the program coordinate with other community services to maximize the impact of available resources and meet needs of population? o How the program benefits local jurisdictions. o The purpose of proposed program or services is consistent with ATF funding priorities. • Responsiveness of Proposed Program Activities: A detailed description of program activities proposed for funding, including a clear exposition of: o the targeted population, strategies for reaching the target population, and access to services (e.g. are barriers to activities/services reduced or eliminated). If applying for substance abuse prevention and education programming for youth, how program addresses risk and protective factors of target population. o services/activities that are responsive to needs of population. o the evidence base for the effectiveness of the prevention or treatment program or services with the targeted population. o the ability to accommodate for cultural differences within the population. o the use of trauma informed practices. • Measurable Outcomes o The program includes clear and measurable outcomes, and includes a plan for related data collection in order to evaluate success in achieving those outcomes. Outcome data reflecting on abstinence, housing, employment, criminal activity, access to and/or retention in services are preferred. o The program demonstrates clear linkage between program activities and outcomes. o The program provides reasonable evidence of the achievement of previously identified outcome(s). o Reasonable levels of service are provided for resources expended. • Organizational Capacity and Funding o The organization is stable (financial position, legal issues, etc.) o The program has attracted sufficient community resources from public, private, and volunteer sources, to produce proposed outcomes. o The program budget is realistic and reasonable considering the proposed activities. 2021 ATF Recommendations 21 o The application demonstrates that ATF funding is critical to achieving the stated outcomes. o The application and program comply with grant conditions. • Qualifications, Licensing and Accreditation o If applicable, the agency is licensed/accredited. o Employees are qualified to provide services (accredited/licensed, if applicable)
2021 ATF Recommendations 22 APPENDIX B
2020 DRUG and ALCOHOLISM COUNCIL of JOHNSON COUNTY 2021 ATF GRANT REVIEW COMMITTEE MEMBERS
Chief David Brown, Chair, Fairway Police Department, City of Lenexa Representative Liana Riesinger, Vice Chair, Francis Family Foundation, City of Mission Representative Jill Grube, Secretary, City of Lenexa, City of Shawnee Representative Afam Akamelu, Community Volunteer Jason Bohn, Renew Counseling Center Judge Jenifer Ashford, 10th Judicial District Court ¨ Michelle Decker, City of Olathe Prosecutor’s Office, City of Olathe Representative Allison Dickinson, Johnson County Government ¨ Captain Troy Duvanel, Merriam Police Department, City of Merriam Representative Bradford Hart, Health Forward Foundation Jen Jordan-Spence, City of Gardner, City of Gardner Representative, Grant Review Committee Chair Stefanie Kelley, Shawnee Mission School District, City of Leawood Representative¨ Martha LaPietra, M.D., IPC-The Hospitalist Company Piper Reimer, City of Prairie Village Councilperson, City of Prairie Village Representative Jaime Murphy, Overland Park Municipal Court, City of Overland Park Representative, Grant Review Committee Chair Sharon Morris, Olathe School District ¨ Bureau Chief Daryl Reece, Johnson County Sheriff’s Office Pastor Kevin Schutte, Pathway Community Church, Johnson County Board of County Commissioners Representative Catherine Triplett, Boothe Walsh Law and Mediation Charlene Whitney, Community Volunteer
¨ Denotes Non-Voting Member
Staff Support: Christina Ashie Guidry, UCS Director of Resource Allocation
2021 ATF Recommendations 23 2021 ATF Distribution PRAIRIE VILLAGE: $40,000
UCS administration $2,016 Preferred Family Healthcare $2,233 Friends of Recovery $1,178 The Family Conservancy $785 Heartland Regional Alcohol & Drug Assessment Center $3,136 Cornerstones of Care $1,473 Jo. Co. Mental Health Center Adolescent Center for Treatment $4,970 Johnson County Mental Health Center Adult Detoxification Unit $5,692 Johnson County Mental Health Center Adult Dual Diagnosis $4,572 Johnson County Mental Health Center Prevention Services $3,382 Johnson County Court Services $3,019 First Call $1,335 SAFEHOME $480 Johnson County Dept. of Corrections - Voucher Assistance $59 KidsTLC $937 KVC $687 Mirror, Inc. $3,456 Artists Helping the Homeless $590 Total $40,000
Source: United Community Services of Johnson County 913-438-4764
2021 Alcohol Tax Fund (ATF) Grantees
School Districts and UCS Blue Valley School District USD 232 De Soto Public Schools Superintendent: Dr. Tonya Merrigan Superintendent: Frank Harwood Contact: Tara Walrod Contact: Dr. Joseph Kelly 15020 Metcalf 35200 W. 91st Street Overland Park, KS 66223 De Soto, KS 66018 (913) 239-4006 (913) 667-6200 (913) 239-4153 (fax) (913) 667-6201 (fax)
[email protected] [email protected]
Olathe Public Schools USD 512 Shawnee Mission Public Schools Superintendent: John Allison Superintendent: Dr. Michael Fulton Contact: Tim Brady Contact: Dr. John McKinney 14160 S. Black Bob Rd. 8200 W. 71st St. Olathe, KS 66062 Overland Park, KS 66204 (913) 780-7989 (913) 993-6422
(913) 780-8006 (fax) [email protected] [email protected]
Spring Hill School District Drug and Alcoholism Council of Johnson County (DAC); Superintendent: Dr. Wayne Burke United Community Services of Johnson County (UCS) Contact: Clay Frigon Exec Director: Julie Brewer 101 East South Street Contact: Christina Ashie Guidry Spring Hill, KS 66083 9001 W. 110th St., Ste 100 (913) 592-7355 Overland Park, KS 66210 (913) 592-2847 (fax) (913) 438-4764
[email protected] (913) 492-0197 (fax)
Community-Based Agencies and Departments of County Government Artists Helping the Homeless, Inc. Boys & Girls Club of Greater Kansas City Exec Director/Contact: Kar Woo Exec Director: Dr. Dred Scott 11412 Knox Program Contact: Jason Roth Overland Park, KS 66210 Finance Contact: Roger McCoy (913) 526-1826 4001 Blue Parkway, Ste. 102 (913) 345-2090 (fax) Kansas City, MO 64130 [email protected] (816) 462-0132
(816) 361-3675 (fax) [email protected]
2021 ATF Grantees 1
First Call Alcohol/Drug Prevention & Recovery Friends of Recovery Association Exec Director: Susan Whitmore Exec Director/Contact: Leigh Anne Larson Contact: Emily Hage 6422 Santa Fe Drive, Rm. 105 9091 State Line Rd. Overland Park, KS 66202 Kansas City, MO 64114 (913) 722-0367 (816) 800-8052 (913) 722-6325 (fax)
(816) 361-7290 (fax) [email protected] [email protected]
Cornerstones of Care Heartland Regional Alcohol & Drug Exec Director: Denise Cross Assessment Center (RADAC) Program Contact: David Irwin Exec. Director: Jason Hess 6420 W. 95 St. Contact: Stacey Cooper Overland Park KS 66212 P.O Box 1063 816-853-2968 Mission, KS 66222 (816) 508-3535 (fax) (913) 789-7152 [email protected] (913) 789-0954 (fax)
Johnson County Drug Court Diversion Program - Johnson County Dept. of Corrections DA's Office Director: Robert Sullivan Administrative Officer: Whitney Race Voucher Assistance Contact: Brian Seidler Contact: Hillerie Hedberg Changing Lives Contact: Brian Seidler 920 West Spruce St. 588 E. Santa Fe, Ste. 3000 Olathe, KS 66061 Olathe, KS 66061 (913) 715-7467 (913) 715-4503 (913) 715-7420 (fax) (913) 715-4557 (fax) [email protected] [email protected]
KidsTLC Johnson County Mental Health Center CEO: Dr. Erin Dugan Exec Director: Tim DeWeese Contact: Shannon Wickliffe Finance Contact: Beth Barbour 480 S. Rogers Rd. 6000 Lamar, Ste. 130 Olathe, KS 66062 Mission, KS 66202 (913) 324-3630 (913) 826-1582 (913) 780-3387 (fax) [email protected] [email protected] Adolescent Center for Treatment Lorraine's House, Inc. Adult Detoxification Unit Exec Director/Contact: Lucy Brown Dual Diagnosis Outpatient P.O. Box 2379 Contact: Deborah Stidham Mission, KS 66205 (913) 715-7638 (913) 780-9600 (913) 826-1594 (fax)
2021 ATF Grantees 2
(913) 273-0720 (fax) [email protected] [email protected] Prevention Services
Contact: Shana Burgess (913) 715-7880 (913)715-7881 (fax)
Mirror, Inc. KVC Behavioral HealthCare, Inc. President/CEO: Barth Hague Exec Director: Dr. Linda Bass, President Grant Contact: Kerri Burr Program Contact: Matt Arnet and Farrell Rouse 130 E. 5th St. 21344 West 153rd Street Newton, KS 67114 Olathe, KS 66061 (316) 283-6743 Matt: (913) 956-5212; Farrell: (913) 322-4943 (316) 283-6830 (fax) (913) 621-0052 (fax)
[email protected] [email protected] [email protected] [email protected]
The Family Conservancy Preferred Family Healthcare Exec Director: Paula Neth Exec Director: Michael Schwend Contact: Dr. Monique Johnston Program Contact: Nancy Atwater 444 Minnesota Ave., Ste. 200 1009 E. Old Hwy 56 Kansas City, KS 66101 Olathe, KS 66061 (913) 742-4137 (816)474-7677 (913) 742-4337 (fax) (816)474-7671 (fax)
[email protected] [email protected]
Finance Contact: Cynthia Hannah 900 E. LaHarpe Kirksville, MO 63501 [email protected]
2021 ATF Grantees 3
United Community Services of Johnson County
DATE: October 30, 2020 TO: Wes Jordan, City Administrator, Prairie Village CC: Lisa Santa Maria FROM: Julie K. Brewer, Executive Director RE: 2021 Alcohol Tax Fund Recommendations and Distributions
The Drug and Alcoholism Council (DAC), a program of United Community Services (UCS), and the UCS Board of Directors have approved recommendations for allocation of 2021 Alcohol Tax Funds (ATF). With the understanding that distribution of ATF dollars may be altered should state tax policy change or revenues are not received by the City as expected, we ask an authorized representative of the City to sign below to indicate the City’s acceptance of the 2021 ATF Recommendations Report, and agreement to distribute 2021 ATF dollars as stated on the Alcohol Tax Fund Distribution chart included with this memo.
Please sign this memo and return it by fax, postal mail or email to UCS by December 22, 2020.
Please contact Christina Ashie Guidry if you have any questions ([email protected]).
Thank you.
2021 Alcohol Tax Fund Recommendations Verification
The City of Prairie Village accepts the 2021 ATF Recommendations Report as approved by the DAC and UCS. With the understanding that distribution of ATF dollars may be altered should Kansas tax policy change or revenues are not received by the City as expected, the City agrees to distribute funds as stated on the 2021 ATF distribution chart provided by UCS.
Name: ______
Signature: ______
Title: ______Date: ______
9001 W. 110th St., Ste. 100 • Overland Park, KS 66210 P: 913.438.4764 • F: 913.492.0197 • ucsjoco.org
CITY CLERK DEPARTMENT
Council Meeting Date: November 16, 2020
COU2020-55 Amendments to City Right-of-Way Regulations
RECOMMENDATION:
RECOMMEND THE CITY COUNCIL APPROVE ORDINANCE NO. 2428 UPDATING THE CITY'S RIGHT-OF-WAY REGULATIONS.
BACKGROUND:
In late 2019, the City approved a series of updates to its zoning regulations, including provisions regarding wireless facilities. As part of the process of accommodating such anticipated "small- cell" installations, City Staff has also worked on a thorough review of its right-of-way regulations. The attached revisions reflect:
. General "clean-up" revisions;
. Updated terminology to account for wireless facility language incorporated into the City's zoning regulations; and
. New design and aesthetic requirements for use of the public right-of-way.
ATTACHMENTS
Ordinance No. 2428
PREPARED BY David E. Waters City Attorney
Date: November 2, 2020
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ORDINANCE NO. 2428
AN ORDINANCE AMENDING THE CITY OF PRAIRIE VILLAGE, KANSAS, RIGHT-OF-WAY REGULATIONS, AMENDING CHAPTER XIII (STREETS AND SIDEWALKS), ARTICLE 5 (USE AND OCCUPANCY OF THE PUBLIC RIGHT- OF-WAY) OF THE CODE OF THE CITY OF PRAIRIE VILLAGE, AND ADDING NEW AND SUBSTITUTE PROVISIONS THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PRAIRIE VILLAGE, KANSAS:
Section 1. Existing Article XIII (Streets and Sidewalks), Chapter 5 (Use and Occupancy of the Public Right-of-Way), consisting of sections 13-501 through 13-536, inclusive), is hereby deleted in its entirety and amended to read as follows:
ARTICLE 5. USE AND OCCUPANCY OF THE PUBLIC RIGHT-OF-WAY
13-501. GENERAL. No person shall excavate the Public Right-of-wayRight-of-Way, construct, or use the facilities within the Public Right-of-Way of the City except as provided herein.
13-502. PURPOSE. A. To recognize the City's primary role as chief steward of the right-of-way Public Right-of-Way and its duty to its citizens to recover the costs of managing the right-of-way Public Right-of-Way and incursions into it;
B. To clarify and regulate conditions of occupancy and construction for those ROW-users occupying space within the City's right-of-way Public Right-of- Way given the anticipated increased use of the right-of-way Public Right- of-Way by various ROW-users throughout the country;
C. To recognize the necessity for sound management practices in light of the increased use of the right-of-way Public Right-of-Way and the fact that the right-of-way Public Right-of-Way is a limited resource;
D. To treat each ROW-user equitably and in a competitively neutral and nondiscriminatory manner with considerations that may be unique to the technologies and situation of each particular ROW-user;
E. To minimize disruption, visual impact or inconvenience to the public, and to preserve the public health, safety and welfare; and
F. To comply with state and federal legislation.
13-503. DEFINITIONS. For purposes of this article, the following words and phrases shall have the meaning given herein: A. Abandoned Facilities means those facilities owned by the ROW-user that are not in use and will not be utilized by the owner in the future. B. Affiliate means any person controlling, controlled by or under the common control of a service provider.
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C. Applicant means any person requesting permission to occupy, lease or operate facilities using the right-of-wayPublic Right-of-Way, or to excavate the right-of-wayPublic Right-of-Way. D. Area of Influence means that area around a street excavation where the pavement and sub-grade is impacted by the excavation and is subject to more rapid deterioration. E. City means the City of Prairie Village, Kansas, a municipal corporation and any duly authorized representative. F. City Engineer means the City Engineer, Prairie Village, Kansas, or the authorized representative. G. Construct means and includes construct, install, erect, build, affix or otherwise place any fixed structure or object, in, on, under, through or above the right-of-wayPublic Right-of-Way. H. Day means calendar day unless otherwise specified. I. Emergency means a condition that (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement in order to restore service to a user. J. Excavate means and includes any cutting, digging, excavating, tunneling, boring, grading or other alteration of the surface or subsurface material or earth in the right-of-wayPublic Right-of-Way. K. Excavation Fee means the fee charged by the City for each street or pavement cut which is intended to recover the costs associated with construction and repair activities of the ROW-user and its contractors and/or subcontractors. L. FCC means Federal Communications Commission. M. Facility means lines, pipes, irrigation systems, wires, cables, conduit facilities, ducts, poles, towers, vaults, pedestals, boxes, appliances, antennas, transmitters, gates, meters, appurtenances, wireless communication facilities (including but not limited to wireless support structures, small cell facilities, base stations, transmission equipment, distributed antenna systemsWireless Facilities, Wireless Support Structures, Towers, Utility Poles, Antenna, Small Cell Facilities, Base Stations, Transmission Equipment, Distributed Antenna System Facilities, Accessory Equipment, all as defined in Chapter 19.33 of the City Zoning Regulations), and primary equipment enclosures, all as may be defined or described in the Kansas New Wireless Deployment Act, as amended), or other equipment. N. Governing Body means the Mayor and the City Council of the City of Prairie Village, Kansas. O. Governmental Entity means any county, township, city, town, village, school district, library district, road district, drainage or levee district, sewer district, water district, fire district or other municipal corporation, quasi- municipal corporation or political subdivision of the State of Kansas or of any other state of the United States and any agency or instrumentality of the State of Kansas or of any other state of the United States. P. KCC means the Kansas Corporation Commission. Q. Newly Constructed Facilities means all new facilities except (i) replacement street lights which meet the City's design criteria, and (ii) antennas Wireless Facilities on existing or replacement street lights Utility Poles with conduit or cable placed within the poleUtility Pole, to the extent permitted
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under and to the extent such Wireless Facilities otherwise comply with the requirements of Chapter 19.33 of the City Zoning Regulations. R. Parkway means the area between a property line and the street curb. Sometimes called boulevard, tree-shelf or snow-shelf. S. Pavement means and includes Portland cement concrete pavement, asphalt concrete pavement, asphalt treated road surfaces and any aggregate base material. T. Permit and Inspection Fee means the fee charged by the City to recover its cost incurred for right-of-way Public Right-of-Way management; including, but not limited to, costs associated with registering applicants; issuing, processing and verifying right-of-right permit applications; inspecting job sites and restoration of improvements; determining the adequacy of right-of-way Public Right-of-Way restoration; revoking right- of-way permits Right-of-Way Permits and, other costs the City may incur in managing the provisions of this Article. U. Permittee means any person to whom a right-of-way permit Right-of-Way Permit is issued to excavate a right-of-wayPublic Right-of-Way. V. Person means any natural or corporate person, business association or business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity. W. Public Improvement means any project undertaken by the city for the construction, reconstruction, maintenance, or repair of any public infrastructure, and including without limitation, streets, alleys, bridges, bikeways, parkways, sidewalks, sewers, drainage facilities, traffic control devices, street lights, public facilities, public buildings or public lands. X. Public Lands means any real property of the city that is not right-of- wayPublic Right-of-Way. Y. Public Right-of-Way or ROW means the area on, below, or above streets, alleys, bridges, and parkways in which the City has a dedicated or acquired right-of-way interest in the real property. Z. Y.Public Works Director means the Director of the Public Works Department of the City of Prairie Village, Kansas, or the authorized representative. AA. ZZ.Registration means the application process of a service provider, the approval of the application by the City, and the authorization of the service provider to use any portion of the right-of-way Public Right-of-Way within the city City to provide service both within and beyond the city City limits. BB. AA.Repair means the temporary construction work necessary to make the right-of-way Public Right-of-Way useable. CC. BB.Repair and Restoration Costs means those costs associated with repairing and restoring the public right-of-way Public Right-of-Way because of damage caused by the ROW-user and its contractors and/or subcontractors in the right-of-wayPublic Right-of-Way. DD. CC.Restoration means the process by which an excavated right-of-way Public Right-of-Way and surrounding area, including pavement and foundation, is returned to the same condition, or better, than existed before the commencement of the work.
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DD.Right-of-way means the area on, below, or above streets, alleys, bridges, and parkways in which the City has a dedicated or acquired right-of-way interest in the real property. EE. Right-of-Way Permit means the authorization to excavate for the construction, installation, repair or maintenance of any type of facility within the right-of-wayPublic Right-of-Way. FF. Routine Service Operation means a work activity that makes no material change to the facilities and does not disrupt traffic. GG. ROW-user means a person, its successors and assigns, that uses the right- of-way Public Right-of-Way for purposes of work, excavation, provision of services, or to install, construct, maintain, repair facilities thereon, including, but not limited to, landowners and service providers. A ROW- user shall not include ordinary vehicular or pedestrian traffic or any governmental entity that has entered into an interlocal agreement pursuant to K.S.A. 12-2901 et seq. with the City regarding the use and occupancy of the City's right-of-wayPublic Right-of-Way. HH. Service means a commodity provided to a person by means of a delivery system that is comprised of facilities located or to be located in the right-of- way, including, but not limited to, gas, telephone, cable television, Internet services. Open video systems, wireless services, alarm systems, steam, electric, water, telegraph, data transmission, petroleum pipelines, or sanitary sewerage. II. Service Provider means any person owning, possessing or having an interest in facilities in the right-of-way Public Right-of-Way that are used for the provisions of a service for or without a fee; provided, that this definition shall also include persons owning, possessing or having an interest in facilities in the right-of-way Public Right-of-Way that are used by, may be used by or are intended for use by another person, in whole or in part, to provide a service for or without a fee, regardless of whether the actual facility owner provides any service as defined herein. JJ. Small Cell Facility Deployment Agreement shall have the same meaning as provided in K.S.A. 12-2001 et seq., as amended.
KK. JJ.Street means the pavement and sub-grade of a City residential, collector or arterial roadway.
13-504. POLICY. A. It is the policy of the City to authorize any ROW-user to utilize the right-of- way Public Right-of-Way in a competitively neutral, non-discriminatory manner that maximizes the efficient use of and conserves the right-of-way Public Right-of-Way and minimizes the burden on the right-of-wayPublic Right-of-Way, physically and aesthetically. Any use of the right-of-way Public Right-of-Way by a ROW-user shall be subject to the terms and conditions hereof, in addition to other applicable federal, state or local requirements.
B. The right granted to the ROW-user to use the right-of-way Public Right-of- Way is limited to the use that the ROW-user has filed with the City in accordance with this article. These rights are for the exclusive use of the ROW-user except where otherwise provided herein, or when authorized by the City. 33281960v.1
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C. This article also is designed to regulate occupancy and excavations in the right-of-way Public Right-of-Way by providing, among other things, for the issuance of permits that grant the authority to utilize and occupy the right- of-way Public Right-of-Way within the City.
D. All ROW-users shall be subject to all rules, regulations, policies, resolutions, and ordinances now or hereafter adopted or promulgated by the city in the reasonable exercise of its police power and are subject to all applicable laws, orders, rules and regulations adopted by governmental entities now or hereafter having jurisdiction. In addition, the ROW-users shall be subject to all technical specifications, design criteria, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power relating to permits and fees, sidewalk and pavement cuts, utility location, construction coordination, surface restoration, and other requirements on the use of the right-of-wayPublic Right-of-Way.
13-505. ADMINISTRATION. A. The Public Works Director is the principal City official for administration of right-of-way permits Right-of-Way Permits for work and excavations made in the right-of-wayPublic Right-of-Way. The Public Works Director may delegate any or all of the duties hereunder.
B. The City Administrator is the principal City official responsible for administration of the registering of a service provider. The City Administrator may delegate any or all of the duties hereunder.
13-506. REQUIREMENTS OF SERVICE PROVIDER. A. Any existing service provider must register within thirty (30) days of the effective date of this Article.
B. Any person, who is not an existing service provider prior to the effective date of this Article and who wishes to become a service provider, must first register with the City.
C. The service provider shall report any changes in its registration information within thirty (30) days.
D. No service provider shall be authorized to utilize the right-of-way Public Right-of-Way in any capacity or manner without registering and obtaining the necessary right-of-way permit Right-of-Way Permit from the City.
E. The information required for registration includes the following: 1. Identity and legal status of service provider, including related affiliates. 2. Name, address, telephone number, fax number and e-mail address of officer, agent or employee responsible for the accuracy of the registration statement. 3. Name, address, telephone number, fax number and email address of the local representative of the service provider who shall be
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available at all times to act on behalf of the service provider in the event of an emergency. 4. Proof of any necessary permit, license, certification, grant, registration, franchise agreement , small cell facility deployment agreement, video service provider agreement, or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the FCC or the KCC. 5. Description of the service provider's intended use of the right-of- wayPublic Right-of-Way. 6. Information sufficient to determine whether the service provider is subject to franchising by Kansas law. 7. Information sufficient to determine whether the service provider has applied for and received any certificate of authority required by the Kansas Corporation Commission. 8. Information sufficient to determine that the service provider has applied for and received any permit or other approvals required by the Federal Communications Commission. 9. Such other information as may be reasonably required by the City to complete the registration statement.
F. Each service provider shall designate a local person familiar with the facilities that will act as a local agent for the service provider and will be responsible for satisfying information requirements of this article. The service provider shall present to the City the agent's name, address, telephone number, fax number and email address. The agent shall be the person to whom relocation notices and other such notices shall be sent, and with whom rests the responsibility to facilitate all necessary communications. The service provider shall be responsible for all costs incurred by the City due to the failure to provide such information to the City.
G. Prior to construction, reconstruction, repair, maintenance, or relocation of facilities owned by the service provider in the right-of-wayPublic Right-of- Way, the service provider shall first obtain the necessary right-of-way permit Right-of-Way Permit as provided hereafter.
H. Prior to providing service to the City and its residents, the service provider shall first obtain the necessary franchise agreement, small cell facility deployment agreement, or video service provider agreement, if any, from the City.
I. The service provider shall participate in any joint planning, construction and advance notification of right-of-way Public Right-of-Way work, including coordination and consolidation of street cut work as directed by the Public Works Director. In addition, the service provider shall cooperate with other service providers and the City for the best, most efficient, most aesthetic and least obtrusive use of the right-of-wayPublic Right-of-Way, consistent with safety, and to minimize traffic and other disruptions, including street cuts.
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J. The service provider shall furnish maps showing the location of facilities of the service provider within the City as provided hereafter.
K. The City shall not exercise its authority under this provision to in any way deter competition or discriminate against any service provider.
L. Prior to the approval of any Right-of-Way Permit, and to the extent authorized or required by applicable law, the applicant shall enter into an agreement (including, but not limited to, in the form of a contract franchise, small cell facility deployment agreement, or video service provider agreement if required by the City) whereby it agrees to abide by the requirements of the City's Public Right-of-Way Ordinance and to protect the City from any liability associated with the proposed installation. Such protection shall include requirements regarding bond, insurance, and indemnification. The agreement/franchise shall be in a form approved by the City's legal counsel, and the permittee shall pay such franchise or license fees as may be set forth in the agreement/franchise.
M. If any facilities or equipment are to be located upon or connected to any City-owned utility poles or other facilities, then prior to the approval of a Right-of-Way Permit the applicant shall enter into a license or pole attachment agreement with the City. The agreement shall be in a form approved by the City's legal counsel, and the permittee shall pay such license, attachment, and connection fees as may be set forth in the agreement.
13-507. MAPPING REQUIREMENT OF SERVICE PROVIDER. A. The service provider shall keep and maintain accurate records and as-built drawings depicting accurate location of all its facilities constructed, reconstructed, or relocated in the right-of-wayPublic Right-of-Way.
B. Within ten (10) days of a request by the City, the service provider will provide to the City information concerning such facilities as may be reasonably requested.
C. When available to the service provider, such information will be submitted electronically in an AutoCad® format to the extent compatible with the city's Geographical Information Systems (GIS) and Johnson County Automated Integrated Mapping Systems (AIMS) provided, however, that nothing herein shall be construed to require the ROW-user to acquire or modify any electronic mapping system.
D. Underground facilities shall be differentiated from overhead facilities.
E. Such mapping and identification shall be at the sole expense of the service provider.
13-508. SERVICE PROVIDER'S RIGHT TO SELL, TRANSFER, LEASE, ASSIGN, SUBLET OR DISPOSE. Except as provided hereafter, the service provider shall not sell, transfer, lease, assign, sublet or dispose of its facilities, or any portion thereof, that is located in City right-of-wayPublic Right-of-Way, or any right, title or
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interest in the same, or the transfer of any rights granted by the City to any person either by forced or involuntary sale, or by ordinary sale, consolidation or otherwise, without notice to the City. This provision shall not apply to the sale of property or equipment in the normal course of business or to the sale or lease of facilities to reseller service providers. No notice to the City shall be required for a transfer in trust, mortgage, or other similar instrument, in whole or in part, to secure an indebtedness, or for a pro forma transfer to a corporation, partnership, or other entity controlling, controlled by or under common control with the service provider.
13-509 INTENTIONALLY DELETED.
13-510. USE OF THE PUBLIC RIGHT-OF-WAY. A. The ROW-user's use of the right-of-way Public Right-of-Way shall in all matters be subordinate to the City's use or occupation of the right-of- wayPublic Right-of-Way. Without limitation of its rights, the City expressly reserves the right to exercise its governmental powers now and hereafter vested in or granted to the City.
B. The ROW-user shall coordinate the placement of facilities in a manner that does not interfere with a Public Improvement and does not compromise the public health, safety, or welfare, as reasonably determined by the City. Where placement is not regulated, the facilities shall be placed with adequate clearance from such public improvements so as not to impact or be impacted by such public improvement as defined in the City's "Manual of Infrastructure Standards" available in the office of the Public Works Director. Such Standards shall be competitively neutral and not unreasonable or discriminatory.
C. The ROW-users shall consider any request made by the City concerning placement of facilities in private easements in order to limit or eliminate future street improvement relocation expenses.
D. All facilities shall be located and laid so as not to disrupt or interfere with any pipes, drains, sewers, irrigation systems, or other structures or public improvements already installed. In addition, the ROW-user shall, in doing work in connection with its facilities, avoid, so far as may be practicable, disrupting or interfering with the lawful use of right-of-way Public Right-of- Way or other public lands of the City.
E. All facilities of the ROW-user shall be placed so that they do not interfere with the use of right-of-way Public Right-of-Way and public lands. The City, through its Public Works Director, shall have the right to consult and review the location, design and nature of the facility prior to its being installed.
F. All newly-constructed facilities shall be located underground. The ROW- user shall comply with all requirements of the City relating to underground facilities. This requirement may be waived by the Public Works Director at his or her discretion for safety concerns, if approval is required or permitted under other applicable law or ordinance (including but not limited to Chapter 19.33 of the City Zoning Regulations), or some other good cause under the condition that does not cause discrimination among ROW-
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users.If this requirement is waived, the facilities shall be located as directed by the Public Works Director, including, but not limited to, requirements regarding location, height, breakaway design, and clear zones. Provided, however, the height of a facility will not exceed, or cause any existing facility to exceed, the lesser of:
(a) thirty-five (35) feet for residential or collector streets or forty-five (45) feet for arterial streets; and (b) sixty-six (66) inches above the height of existing street light poles along the right-of-way surrounding the facility. G. Above ground facilities shall If the requirement for below-ground facilities is waived, the facilities shall be located as directed by the Public Works Director, including, but not limited to, requirements regarding location, height, breakaway design, and clear zones, and in conformity with those design requirements set forth in Section 13-536 below. Permitted above- ground facilities shall also comply with the Manual of Infrastructure Standards and all applicable zoning regulations, including but not limited to design, size, height, setbacks, screening and landscaping, and illumination, and be located in a manner that does not compromise the public health, safety, or welfare.
H. No newly-constructed above -ground facilities shall be located directly in front of any single-family home (or in front of where a single-family home could be constructed, in the case of a vacant lot), provided that if the Public Works Director deems it necessary or appropriate, such facilities may be located in the front yard, at or along the property line between two adjacent properties.
I. G.The ROW-user shall not interfere with the facilities of the other ROW- users without their permission. If and when the City requires or negotiates to have a service provider cease using its existing poles and to relocate its facilities underground, all other service providers using the same poles shall also relocate their facilities underground at the same time, except transmission equipment, as defined in 47 CFR 1.40001. Provided, any such relocations shall be subject to the appeal process contained in Section 13-528, as amended.
J. H.The Public Works Director may assign specific corridors within the right- of-wayPublic Right-of-Way, or any particular segment thereof as may be necessary, for each type of facility that is currently or, pursuant to current technology, the Public Works Director expects will someday be located within the right-of-way. All right-of-way permits Public Right-of-Way. All Right-of-Way Permits issued by Public Works Director shall indicate the proper corridor for the ROW-user's facilities. Any ROW-user whose facilities are currently in the right-of-way Public Right-of-Way in a position at a variance with the designated corridors shall, no later than at the time of next reconstruction or excavation of the area where its facilities are located, move the facilities to its assigned position within the right-of- wayPublic Right-of-Way, unless this requirement is waived by Public Works Director for good cause shown, upon consideration of such factors as the
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remaining economic life of the facilities, public health, safety, or welfare, user service needs and hardship to the ROW-user.
K. I.If, in the preparation and planning of a right-of-way Public Right-of-Way project, the Public Works Director deems it appropriate for a conduit to be constructed along, across or under the right-of-wayPublic Right-of-Way, the Public Works Director shall contact all appropriate ROW-users for their input on the planning and design of such conduit. If a ROW-user desires to construct, maintain or operate facilities along such right-of-wayPublic Right-of-Way, the Public Works Director may require the ROW-user to use such conduit, and to contribute to the expense of such conduit, provided, however, the ROW-user's use of the conduit is reasonable and appropriate under the circumstances.
L. J.All earth, materials, sidewalks, paving, crossings, utilities, other public improvements or improvements of any kind damaged or removed by the ROW-user shall be fully repaired or replaced promptly by the ROW-user at its sole expense and to the reasonable satisfaction of the City. Upon determination by the Public Works Director that such repair or replacement is a public safety matter, all such repair or replacement shall be commenced within twenty-four (24) hours of notice from the City, or the Public Works Director may direct the city to make such repair or replacement and bill the ROW-user for the City cost. The Public Works Director has the authority to inspect the repair or replacement of the damage, and if necessary, to require the ROW-user to do any necessary additional work.
M. K.All technical standards governing construction, reconstruction, installation, operation, testing, use, maintenance, and dismantling of a ROW-user's facilities in the right-of-way Public Right-of-Way shall be in accordance with the Manual of Infrastructure standards and all applicable federal, state and local law and regulations, including those promulgated by national trade associations commonly associated with the service provided by the ROW-user. It is understood that the standards established in this paragraph are minimum standards and the requirements established or referenced in this article may be in addition to or stricter than such minimum standards. A ROW-user shall not construct or reconstruct any of its facilities located upon, over, under or within the City right-of-way Public Right-of-Way without first having submitted in writing a description of its planned improvement to the Public Works Director and having received a permit for such improvement. The Public Works Director may require that any drawings, plans and/or specifications submitted be certified by a Kansas registered professional engineer stating that such drawings, plans and/or specifications comply with all applicable technical codes, rules and regulations, unless such plans are based directly on nationally recognized codes, which are appropriately cited, and attested to on the plans by the signature of an authorized official of the organization applying for the permit.
N. L.The ROW-user shall cooperate promptly and fully with the City and take all reasonable measures necessary to provide accurate and complete on- 33281960v.1
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site information regarding the nature and horizontal and vertical location of its facilities located within the right-of-wayPublic Right-of-Way, both underground and overhead, when requested by the City or its authorized agent for a public improvement. Such location and identification shall be at the sole expense of the ROW-user without any expense to the City, its employees, agents, or authorized contractors.
13-511. FACILITY RELOCATION. A. The ROW-user shall promptly remove, relocate or adjust any facilities located in the right-of-way Public Right-of-Way as directed by the City for a public improvement or when reasonably required by the City by reason of public health, safety and welfare. Such removal, relocation, or adjustment shall be performed by the ROW-user at the ROW-user's sole expense without expense to the City, its employees, agents, or authorized contractors and shall be specifically subject to rules, regulations and schedules of the City pertaining to such. The ROW-user shall proceed with relocations at due diligence upon notice by the City to begin relocation.
B. The ROW-user shall promptly remove, relocate or adjust any facilities located in private easement, as directed by the City, for a public improvement, at City expense, by moving such facilities to areas within the expanded right-of-way Public Right-of-Way or within remaining private easements or remaining portions of such easements not condemned by nor disclaimed to the City to avoid conflict with City construction and improvements. The ROW-user shall disclaim those parts of its easements which lie within the expanded right-of-wayPublic Right-of-Way. Should the City, in the future, elect to require the ROW-user to again relocate its facilities to other areas within the expanded right-of-wayPublic Right-of- Way, the cost of any such future relocation shall be borne by the City.
C. As soon as working drawings are available for public improvements which will require the ROW-user to relocate its facilities, the city shall provide the ROW-user with written notice of relocations and the anticipated bid letting date of said improvement. The ROW-user shall respond with any conflicts and a proposed construction schedule within thirty (30) days.
D. Following notice by the City in the form of the delivery of final design plans for such public improvements, the ROW-user shall remove, and relocate its facilities in accordance with the mutually agreed upon schedule, provided the project is not delayed by adverse weather conditions and other factors beyond the control of the ROW-user. The ROW-user shall certify to the City, in writing, that its facilities have been relocated or adjusted to clear construction in accordance with project plans provided by the City.
E. Any damages suffered by the City, its agents or its contractors to the extent caused by ROW-user's failure to timely relocate or adjust its facilities, or failure to properly relocate or adjust such facilities, shall be borne by the ROW-user.
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F. In the event the ROW-user is required to move its facilities in accordance with this section, any ordinary right-of-way permit Right-of-Way Permit fee shall be waived.
G. It is the intent of this section for both the City and the ROW-user to cooperate with one another so that the need for facility relocation is minimized and, when required and feasible, relocations may be completed prior to receipt of bids by the City for a public improvement.
H. In the event that a ROW-user is required to move its facilities for a private benefit, the ROW-user shall not bear the cost of the relocation or adjustment to the extent of such private benefit, and the ROW-user shall not be obligated to commence the relocation or adjustment until receipt of funds for such relocation or adjustment.
13-512. PROTECTION OF THE PUBLIC. A. It shall be the responsibility of the ROW-user to take adequate measures to protect and defend its facilities in the right-of-way Public Right-of-Way from harm and damage.
B. The City shall not be liable for any damage to or loss of any of the ROW- user's facilities within the right-of-way Public Right-of-Way as a result of or in connection with any construction, excavation, grading, filling or work of any kind, including public improvements by or on the behalf of the City, except to the extent caused by the negligent, willful, intentional, or malicious acts or omissions of the City.
C. The ROW-user shall be responsible to the City and its agents, representatives, and authorized contractors for all damages suffered by them including, but not limited to delay damages, repair costs, down time, construction delays, penalties or other expenses of any kind arising out of the failure of the ROW-user to timely perform any of its obligations under this article to the extent caused by the acts or omissions of the ROW-user.
D. The City or its authorized contractors shall be responsible for taking reasonable precautionary measures including calling for facility locations when constructing its public improvements.
E. Any ROW-user who for any purpose makes or causes to be made any excavation in, upon, under, through or adjoining any street, sidewalk, alley or other right-of-wayPublic Right-of-Way, and shall leave any part or portion thereof open, or shall leave any part or portion thereof disrupted with rubbish, building or other material during construction and/or the night time, shall cause the same to be enclosed with good substantial and sufficient barricades or drums equipped with the appropriate type warning lights and orange safety fencing material which is properly secured around the excavation or the disruption.
F. Whenever a ROW-user shall excavate the full width of any street, sidewalk, alley, driveway approach or other right-of-wayPublic Right-of-Way, it shall
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be its duty to maintain an adequate passage for vehicles and pedestrians across or around the excavation until it is refilled as specified.
G. Any excavation left open overnight on any thoroughfare or collector type street shall be securely covered. The ROW-user assumes the sole responsibility for maintaining proper barricades, plates, safety fencing and/or lights as required from the time of opening of the excavation until the excavation is surfaced and opened for travel.
H. The Public Works Director, upon the review and approval of a plan and details for trimming trees in the right-of-wayPublic Right-of-Way, may grant permission by permit to any ROW-user to trim trees upon and overhanging the right-of-way Public Right-of-Way so as to prevent such trees from coming in contact with the facilities of the ROW-user.
I. In the event the ROW-user severely disturbs or damages the root structure of any tree in the right-of-way Public Right-of-Way to the detriment of the health and safety of the tree, the ROW-user will be required to remove and replace the tree at the ROW-user's cost. Further, in review of the ROW- user's plan, Public Works Director, in his or her discretion, may require the ROW-user to directionally bore around any tree in the right-of-wayPublic Right-of-Way.
J. Upon the appropriate request of any person having satisfied City procedure and ordinances, the ROW-user shall remove, raise, or lower its facilities temporarily to permit the moving of houses or other structures. The expense of such temporary removal, raising or lowering shall be paid by the person requesting the same, and the ROW-user may require such payment in advance. The ROW-user must be given not less than fifteen (15) days written notice from the person detailing the time and location of the moving operations, and not less than twenty-four (24)-hours advance notice from the person advising of the actual operation.
K. The Public Works Director may cause to be removed any encroachment in the Public Right-of-Way that creates a hazard to public health, safety, or welfare, and the cost of such removal and restoration of the right-of-way Public Right-of-Way shall be borne by the ROW-user.
13-513. RIGHT-OF-WAY VACATION. A. If the City vacates a right-of-way Public Right-of-Way which contains the facilities of the service provider, and if the vacation does not require the relocation of the service provider's facilities, the City shall reserve, to and for itself and all service providers having facilities in the vacated right-of- wayPublic Right-of-Way, an easement for the right to install, maintain and operate any facilities in the vacated right-of-way Public Right-of-Way and to enter upon such vacated right-of-way Public Right-of-Way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same.
B. If the vacation requires the relocation of facilities, and
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1. If the vacation proceedings are initiated by the service provider, the service provider must pay the relocation costs. 2. If the vacation proceedings are initiated by the City, the service provider must pay the relocation costs unless otherwise agreed to by the City and the service provider. 3. If the vacation proceedings are initiated by a person other than the service provider or the City, such other person must pay the relocation costs.
13-514. ABANDONED AND UNUSABLE FACILITIES. A. A ROW-user owning abandoned facilities in the right-of-way Public Right- of-Way must either: 1. Remove its facilities and replace or restore any damage or disturbance caused by the removal at its own expense. The Public Works Director may allow underground facilities or portions thereof remain in place if the public works director determines that it is in the best interest of public health, safety, or welfare to do so. At such time, the City may take ownership and responsibility of such vacated facilities left in place; or 2. Provide information satisfactory to the city that the ROW-user's obligations for its facilities in the right-of-way Public Right-of-Way have been lawfully assumed by another authorized ROW-user; or 3. Submit to the City a proposal and instruments for transferring ownership of its facilities to the city. If the ROW-user proceeds under this section, the City may, at its option purchase the equipment, require the ROW-user, at its own expense, to remove it, or require the ROW-user to post a bond in an amount sufficient to reimburse the City for reasonable anticipated costs to be incurred to remove the facilities.
B. Facilities of a ROW-user who fails to comply with this section, and whose facilities remain unused for two (2) years, shall be deemed to be abandoned after the City has made a good faith effort to contact the ROW- user, unless the City receives confirmation that the ROW-user intends to use the facilities. Abandoned facilities are deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, 1. abating the nuisance, 2. taking possession and ownership of the facility and restoring it to a useable function, or 3. requiring the removal of the facility by the ROW-user.
13-515. PERMIT REQUIREMENT. A. Except as otherwise provided, no ROW-user may excavate any right-of- way Public Right-of-Way or conduct any repair, construction, or reconstruction of facilities located within the right-of-way Public Right-of- Way without first having obtained the appropriate right-of-way permitRight- of-Way Permit.
B. There are two exemptions to this provision:
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1. Contractors working on the construction or reconstruction of public improvements. 2. ROW-users performing routine service operations which do not require excavation in the right-of-way Public Right-of-Way and do not disrupt traffic for more than four (4) hours.
C. No person owning or occupying any land abutting on a public right-of-way Public Right-of-Way shall construct, maintain, or permit in or on the portion of the public right-of-way Public Right-of-Way to which such land is adjacent, any fixed structure, material or object without having obtained the appropriate right-of-way permitRight-of-Way Permit.
D. A right-of-way permit Right-of-Way Permit is required for emergency situations. If due to an emergency it is necessary for the ROW-user to immediately perform work in the right-of-wayPublic Right-of-Way, and it is impractical for the ROW-user to first get the appropriate permit, the work may be performed, and the required permit shall be obtained as soon as possible during the next City working day.
E. No permittee may excavate the right-of-way Public Right-of-Way beyond the date or dates specified in the right-of-way permit Right-of-Way Permit unless the permittee: 1. Makes a supplementary application for another right-of-way permit Right-of-Way Permit before the expiration of the initial permit, and, 2. A new right-of-way permit Right-of-Way Permit or permit extension is granted.
F.Right-of-way permits Right-of-Way Permits issued shall be conspicuously displayed by the permittee at all times at the indicated work site and shall be available for inspection by the Public Works Director, other City employees and the public.
G. Prior to the commencement of excavation, the permittee shall identify and locate any buried facilities to be spray painted according to the Uniform Color Code required by the Kansas One Call.
H. All excavations by the permittee shall have a metal marker inserted into the excavation of the restored pavement, which shall identify the ROW-user.
I. Before receiving a right-of-way permitRight-of-Way Permit, the applicant must show proof of any necessary permit, license, certification, grant, registration, franchise agreement , small cell facility deployment agreement, video service provider agreement, or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the FCC or the KCC.
J. Any ROW-user who is found to be working in the public right-of-way Public Right-of-Way without a permit will be directed to stop work until a permit is acquired and properly posted at the work site. The only exception allowed is for emergency repair work.
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K. Any permittee found to be working without providing for required safety and traffic control will be directed to stop work until the appropriate measures are implemented in accordance with the current edition of the Manual on Uniform Traffic Control Devices.
13-516 PERMIT APPLICATIONS. A. Application for a right-of-way permit Right-of-Way Permit shall be submitted to the Public Works Director either by the ROW-user or by the person who will do the work and/or excavation in the right-of-wayPublic Right-of-Way. Before an application may be submitted, the applicant must attend a pre- application meeting with designated City staff, unless waived by the Public Works Director.
B. Right-of-way Right-of-Way Permit applications shall contain and be considered complete only upon receipt of the following: 1. Compliance with verification of registration; 2. Submission of a completed permit application form, including all required attachments and scaled drawings showing the location and area of the proposed project and the location of all existing and proposed facilities at such location; 3. A traffic control plan; 4. Completed applications for such other approvals (including but not limited to staff approvals, Special Use Permits, or Conditional Use Permits) as may be required under City Code or the Zoning Regulations for the project contemplated by the Right-of-Way Permit application. 5. 4.Payment of all money due to the city for permit fees and costs, for prior excavation costs, for any loss, damage or expense suffered by the City because of the applicant's prior excavations of the right- of-way Public Right-of-Way or for any emergency actions taken by the City, unless the payment of such money is in dispute and timely appealed as provided hereafter.
C. All applications shall be processed within the timeframes required by local, state , and federal law, including but not limited to those set forth in Chapter 19.33 of the City Zoning Regulations.
D. If an applicant has submitted an application for a permit for the installation, construction, maintenance, or repair of multiple facilities, that applicant may not submit another application for a permit for the installation, construction, maintenance, or repair of multiple facilities until the first application has been approved or denied. This provision may be waived by the Public Works Director.
13-517. LIABILITY INSURANCE, PERFORMANCE AND MAINTENANCE BOND REQUIREMENT. A. The permittee shall file with the City evidence of commercial general and automobile liability insurance with an insurance company licensed to do business in Kansas. The general liability limit will be not less than one million dollars ($1,000,000) per occurrence and $2,000,000 in aggregate. The automobile liability limit will not be less than one million ($1,000,000) 33281960v.1
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combined single limit. The insurance will protect the City from and against all claims by any person whatsoever for loss or damage from personal injury, bodily injury, death, or property damage to the extent caused or alleged to have been caused by the negligent acts or omissions of the permittee. If the permittee is self-insured, it shall provide the City proof of compliance regarding its ability to self-insure and proof of its ability to provide coverage in the above amounts.
B. The permittee shall at all times during the term of the permit, and for two (2) years thereafter, maintain a performance and maintenance bond in a form approved by the City Attorney. The amount of the bond will be $5,000 or the value of time restoration, whichever is greater, for a term consistent with the term of the permit plus two (2) additional years, conditioned upon the permittee's faithful performance of the provisions, terms and conditions conferred by this article. An annual bond in an amount of $50,000 automatically renewed yearly during this period shall satisfy the requirement of this section. In the event the City shall exercise its right to revoke the permit as granted herein, then the City shall be entitled to recover under the terms of said bond the full amount of any loss occasioned.
C. A copy of the Liability Insurance Certificate and Performance and Maintenance Bond must be on file with the City Clerk.
D. No performance and maintenance bond or liability insurance will be required of any governmental entity, or of any residential property owner working in the right-of-way Public Right-of-Way adjacent to his/her residence, who does not utilize a contractor to perform the excavation.
13-518. RIGHT-OF-WAY PERMIT FEES. A. The right-of-way permit Right-of-Way Permit fee and other appropriate fees, including but not limited to inspection fees, excavation fees, pole attachment fees, and franchise fees, and license fees shall be recommended by the Public Works Director, approved by the governing body and listed in the Schedule of Fees maintained in the City Clerk's office, as such Schedule may be amended from time to time. An application shall not be deemed submitted unless the right-of-way permit Right-of-Way Permit fee is paid. The right-of-way permit Right-of-Way Permit fee shall be subject to all state and federal fee limitations.
B. Fees paid for a right-of-way permitRight-of-Way Permit, which is subsequently revoked by the Public Works Director, are not refundable.
C. Except as provided for in an emergency situation, when a ROW-user is found to have worked or is working in the right-of-way Public Right-of-Way without having obtained a permitRight-of-Way Permit, the fee for the permit Right-of-Way Permit will be double the amount had the ROW-user obtained a permit Right-of-Way Permit prior to beginning work.
D. The City may also charge and collect any necessary repair and restoration costs.
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13-519. ISSUANCE OF PERMIT. A. If the Public Works Director determines that the applicant has satisfied the requirements of this article, the public works director Public Works Director shall issue a right-of-way permitRight-of-Way Permit.
B. The Public Works Director may impose reasonable conditions upon the issuance of a right-of-way permit Right-of-Way Permit and the performance of the permittee in order to protect the public health, safety and welfare, to ensure the structural integrity of the right-of-wayPublic Right-of-Way, to protect the property and safety of other users of the right-of-wayPublic Right-of-Way, and to minimize the disruption and inconvenience to the traveling public.
C. When a right-of-way permit Right-of-Way Permit is requested for purposes of installing additional facilities and the performance and maintenance bond for additional facilities is reasonably determined to be insufficient, the posting of an additional or larger performance and maintenance bond for the additional facilities may be required.
D. Issued permits are not transferable.
E. If work is being done for the ROW-user by another person, a subcontractor or otherwise, the person doing the work and the ROW-user shall be liable and responsible for all damages, obligations, and warranties herein described.
F. For the purposes of defining replacement of facilities, the City considers any repair or replacement of a facility that is in such disrepair that substantial replacement is required, to be a new facility. In cases of natural disaster events, restoration of facilities will be considered as neither new nor replacement, but as an emergency repair.
G. All right-of-way permits Right-of-Way Permits will be issued with a maximum of ninety (90) calendar days to complete the work. Any work beyond the expiration of the permit will be as provided in the provisions of this Article with regard to Supplementary Applicationssupplementary applications.
H. Individual right-of-way permits Right-of-Way Permits are limited to a maximum of 2,500 feet of contiguous work length.
15-52013-520. PERMITTED WORK. A. The permittee shall not make any cut, excavation or grading of right-of-way Public Right-of-Way other than excavations necessary for emergency repairs without first securing a right-of-way permitRight-of-Way Permit.
B. The permittee shall not at any one time open or encumber more of the right- of-way Public Right-of-Way than shall be reasonably necessary to enable the permittee to complete the project in the most expeditious manner.
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C. The permittee shall, in the performance of any work required for the installation, repair, maintenance, relocation and/or removal of any of its facilities, limit all excavations to those excavations that are necessary for efficient operation.
D. The permittee shall not permit such an excavation to remain open longer than is necessary to complete the repair or installation.
E. The permittee shall notify the City no less than three (3) working days in advance of any construction, reconstruction, repair, location or relocation of facilities which would require any street closure or which reduces traffic flow to less than two (2) lanes of moving traffic for more than four (4) hours. Except in the event of an emergency as reasonably determined by the permittee, no such closure shall take place without notice and prior authorization from the City.
F. Non-emergency work on arterial and collector streets may not be performed during the hours of 7:00 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m., in order to minimize disruption of traffic flow.
G. All work performed in the right-of-way Public Right-of-Way or which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected at the permittee's expense. Such signage shall be in conformance with the latest edition of the Administration's Manual on Uniform Traffic Control Devices, unless otherwise agreed to by the City.
H. The permittee shall provide identify and locate any underground facilities in conformance with the Kansas Underground Utility Damage Prevention Act "Kansas One Call" system, and notice shall be provided directly to Johnson County Water District #1 and either to Kansas City Power and Light (KCPL) or to the Traffic Operations section of the Public Works Department with respect to any municipal traffic signal and street light systems, as appropriate.
I. The permittee shall be liable for any damages to underground facilities due to excavation work prior to obtaining location of such facilities, or for any damage to underground facilities that have been properly identified prior to excavation. The permittee shall not make or attempt to make repairs, relocation or replacement of damaged or disturbed underground facilities without the approval of the owner of the facilities.
J. Whenever there is an excavation by the permittee, the permittee shall be responsible for providing adequate traffic control to the surrounding area as determined by Public Works Director of the City. The permittee shall perform work on the right-of-way Public Right-of-Way at such times that will allow the least interference with the normal flow of traffic and the peace and quiet of the neighborhood. In the event the excavation is not completed in a reasonable period of time, the permittee may be liable for actual damages to the City for delay caused by the permittee pursuant to this article.
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K. All facilities and other appurtenances laid, constructed and maintained by the permittee shall be laid, constructed and maintained in accordance with acceptable engineering practice and in full accord with any and all applicable engineering codes adopted or approved by the parties and in accordance with applicable statutes of the State of Kansas, as well as the rules and regulations of the Kansas Corporation Commission or any other local, state or federal agency having jurisdiction over the parties.
L. Following completion of permitted work for new construction, the permittee shall keep, maintain and provide to the City accurate records and as-built drawings, drawn to scale and certified to the City as accurately depicting the location of all utility facilities constructed pursuant to the permit. When available to the permittee, maps and drawings provided will be submitted in AUTOCAD.DXF or AUTOCAD.DWG automated formats if available, or other electronic format acceptable to the City, or in hard copy otherwise. The Public Works Director may waive this requirement. Such information shall be subject in all respects and shall have the benefit of protection as set forth in the "Mapping Requirements of Service Provider" contained herein.
M. The City may use the as-built records of the service provider's facilities in connection with public improvements.
13-521. RIGHT-OF-WAY REPAIR AND RESTORATION. A. The work to be done under the right-of-way permit Right-of-Way Permit and the repair and restoration of the right-of-way Public Right-of-Way as required herein must be completed within the dates as specified in the permit. However, in the event of circumstances beyond the control of the permittee or when work was prohibited by unseasonable or unreasonable conditions, the Public Works Director may extend the date for completion of the project upon receipt of a supplementary application for a permit extension.
B. All earth, materials, sidewalks, paving, crossing, utilities, public improvement or improvements of any kind damaged or removed by the permittee shall be fully repaired or replaced promptly by the permittee at its sole expense and the reasonable satisfaction of the City. The Public Works Director has the authority to inspect the repair or replacement of the damage, and if necessary, to require the permittee to do the additional necessary work. Notice of the unsatisfactory restoration and the deficiencies found will be provided to the permittee and a reasonable time not to exceed fifteen (15) days will be provided to allow for the deficiencies to be corrected.
C. After any excavation, the permittee shall, at its expense, restore all portions of the right-of-way Public Right-of-Way to the same condition or better condition than it was prior to the excavation thereof.
D. In addition to repairing its own street cuts, the permittee must restore any area within five (5) feet of the new street cut that has previously been excavated, including the paving and its aggregate foundations. 33281960v.1
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E. If the permittee fails to restore the right-of-way Public Right-of-Way in the manner and to the condition required by the Public Works Director, or fails to satisfactorily and timely complete all restoration the City may, at its option, serve written notice upon the permittee and its surety that, unless within five (5) days after serving of such notice, a satisfactory arrangement can be made for the proper restoration of the right-of-wayPublic Right-of- Way, the City shall immediately serve notice of failure to comply upon the surety and the permittee, and the surety shall have the right to take over and complete the work; provided, however, that if the surety does not commence performance thereof within ten (10) days from the date of notice, the City may take over the work and prosecute same to completion, by contract or otherwise at the expense of the permittee, and the permittee and its surety shall be liable to the City for any and all excess cost assumed by the City by reason of such prosecution and completion.
F. The permittee responsible for the excavation that leaves any debris in the right-of-way Public Right-of-Way shall be responsible for providing safety protection in accordance with the latest edition of the Manual of Uniform Traffic Control Devices and any applicable federal or state requirement.
G. If an excavation cannot be back-filled immediately and left unattended, the permittee shall securely and adequately cover the unfilled excavation. The permittee has sole responsibility for maintaining proper barricades, safety fencing and/or lights as required, from the time of the opening of the excavation until the excavation is surfaced and opened for travel.
H. In restoring the right-of-wayPublic Right-of-Way, the permittee guarantees its work and shall maintain it for twenty-four (24) months following its completion. During the twenty-four (24) months the permittee shall, upon notification from the Public Works Director, correct all restoration work to the extent necessary, using any method as required by the public works director. Said work shall be completed within a reasonable time, not to exceed thirty (30) calendar days, of the receipt of notice from the Public Works Director (not including days during which work cannot be done because of circumstances constituting force Majeure majeure or days when work is prohibited as unseasonable or unreasonable). In the event the permittee is required to perform new restoration pursuant to the foregoing guarantee, the public works director shall have the authority to extend the guarantee period for such new restoration for up to an additional twenty-four (24) months from the date of the new restoration, if the Public Works Director determines any overt action by the permittee not to comply with the conditions of the right-of-way permit Right-of-Way Permit and any restoration requirements.
I. The twenty-four (24) month guarantee period shall be applicable to failure of the pavement surface as well as failure below the pavement surface.
J. Payment of an excavation fee shall not relieve the permittee of the obligation to complete the necessary right-of-way Public Right-of-Way restoration.
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13-522. JOINT APPLICATIONS. A. Applicants may apply jointly for permits to excavate the right-of-way Public Right-of-Way at the same time and place.
B. Applicants who apply jointly for a right-of-way permit Right-of-Way Permit may share in the payment of the permit fee. Applicants must agree among themselves as to the portion each shall pay.
13-523. SUPPLEMENTARY APPLICATIONS. A. A right-of-way permit Right-of-Way Permit shall only be valid for the area of the right-of-way Public Right-of-Way specified within the permit. No permittee may cause any work to be done outside the area specified in the permit, except as provided herein. Any permittee who determines that an area greater than that which is specified in the permit must be excavated must do the following prior to the commencement of work in that greater area: 1. make application for a permit extension and pay any additional fees required thereby; and 2. receive a new right-of-way permit Right-of-Way Permit or permit extension.
B. A right-of-way permit Right-of-Way Permit shall be valid only for the dates specified in the permit. No permittee may commence work before the permit start date or, except as provided herein, may continue working after the end date. If a permittee does not complete the work by the permit end date, the permittee must apply for and receive a new right-of-way permit Right-of-Way Permit or a permit extension for additional time. This supplementary application must be submitted to the City prior to the permit end date.
13-524. OTHER OBLIGATIONS. A. Obtaining a right-of-way permit Right-of-Way Permit under this article shall not relieve the permittee of its duty to obtain any necessary permit, license, certification, grant, registration, franchise agreement , small cell facility deployment agreement, video service provider agreement, or any other authorization required by any appropriate governmental entity, including, but not limited to the City, the FCC or the KCC, and to pay any fees required by any other City, County, State, or Federal rules, laws, or regulations. A permittee shall perform all work in full accord with any and all applicable engineering codes adopted or approved by the parties and in accordance with applicable statutes of the State of Kansas, and the rules and regulations of the KCC or any other local, state or federal agency having jurisdiction over the parties. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations and shall be responsible for all work done in the right-of-way Public Right-of-Way pursuant to its permit, regardless by whom the work is done by.
B. Except in cases of an emergency or with approval of the Public Works Director, no right-of-way Public Right-of-Way work may be done when conditions are unreasonable for such work. 33281960v.1
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C. A permittee shall not disrupt a right-of-way Public Right-of-Way such that the natural free and clear passage of water through the gutters or other waterways is interfered with. Private vehicles may not be parked within or next to the permit area.
13-525. DENIAL OF PERMIT. A. The Public Works Director may deny a permit or prohibit the use or occupancy of a specific portion of the right-of-way Public Right-of-Way to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-wayPublic Right-of-Way, or when necessary to protect the right-of-way Public Right- of-Way and its users. The Public Works Director, at his or her discretion, may consider all relevant factors including but not limited to: 1. The extent to which the right-of-way Public Right-of-Way space where the permit is sought is available; 2. The competing demands for the particular space in the right-of- wayPublic Right-of-Way; 3. The availability of other locations in the right-of-way Public Right- of-Way or in other right-of-way Public Right-of-Way for the facilities of the applicant; 4. The applicability of any ordinance or other regulations, including City zoning regulations, that affect location or other standards for facilities in the right-of-wayPublic Right-of-Way; 5. The degree of compliance of the applicant with the terms and conditions of its franchise, its small cell facility deployment agreement, its video service provider agreement, this article, and other applicable ordinances and regulations; 6. The degree of disruption to surrounding communities and businesses that will result from the use of that part of the right-of- wayPublic Right-of-Way; 7. The balancing of costs of disruption to the public and damage to the right-of-wayPublic Right-of-Way, against the benefits to that part of the public served by the construction in the right-of-wayPublic Right-of-Way; 8. Whether the applicant maintains a current registration with the City. 9. Whether the issuance of a right-of-way permit Right-of-Way Permit for the particular dates and/or time requested would cause a conflict or interferes with an exhibition, celebration, festival, or any other event. In exercising this discretion, the Public Works Director shall be guided by the safety and convenience of anticipated travel of the public over the right-of-wayPublic Right-of-Way. 10. Whether the application complies with the Manual of Infrastructure Standards. 11. The adverse impact of the facilities or the facilities' proposed location on any reasonable public interest necessitated by public health, safety, or welfare.
B. Notwithstanding the above provisions, the Public Works Director may in his or her discretion issue a right-of-way permit Right-of-Way Permit in any case where the permit is necessary to:
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1.1. Prevent substantial economic hardship to a user of the applicant's service; 2.2. Allow such user to materially improve the service provided by the applicant.
C. Any denial of a wireless communications facility, antenna, tower, or related facilities shall, in accordance with federal and state law, and Chapter 19.33 of the City Zoning Regulations, be made in writing and supported by substantial evidence contained in a written record issued contemporaneously with said decision.
13-526. REVOCATION OF PERMIT. A. Permittees hold right-of-way permits Right-of-Way Permits issued pursuant to this Article as a privilege and not as a right. The City reserves its right, as provided herein, to revoke any right-of-way permitsRight-of-Way Permits, without refund of the permit fee, in the event of a substantial breach of the terms and conditions of any law or the right-of-way permitRight-of-Way Permit. A substantial breach shall include, but not be limited to the following: 1. The violation of any material provision of the right-of-way permitRight-of-Way Permit; 2. An evasion or attempt to evade any material provision of the right- of-way permitRight-of-Way Permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens: 3. Any material misrepresentation of any fact in the permit application; 4. The failure to maintain the required bond or insurance; 5. The failure to complete the work in a timely manner; 6. The failure to correct a condition indicated on an order issued pursuant to this Article; 7. The failure to hold any required Special Use Permit or Conditional Use Permit; 7.8 Repeated traffic control violations; or 89. Failure to repair facilities damaged in the right-of-wayPublic Right- of-Way.
B. If the Public Works Director determines that the permittee has committed a substantial breach of any law or condition placed on the right-of-way permitRight-of-Way Permit, the Public Works Director shall make a written demand upon the permittee to remedy such violation. The demand shall state that the continued violation may be cause for revocation of the permit, or legal action if applicable. Further, a substantial breach, as stated above, will allow the public works director, at his or her discretion, to place additional or revised conditions on the right-of-way permitRight-of-Way Permit, specifically related to the manner in which the breach is cured by the permittee. Within five (5) calendar days of receiving notification of the breach, permittee shall contact the public works director with a plan, acceptable to the Public Works Director, for correction of the breach. Permittee's failure to contact the Public Works Director, permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan shall be cause for immediate revocation of the right-of-way permitRight-of-Way Permit. 33281960v.1
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C. If a right-of-way permit Right-of-Way Permit is revoked, the permittee shall also reimburse the City for the City's reasonable costs, including administrative costs, restoration costs and the costs of collection and reasonable attorney's fees incurred in connection with such revocation.
13-527. WORK REQUIREMENTS AND INSPECTIONS. A. Any excavation, back filling, repair and restoration, and all other work performed in the right-of-way Public Right-of-Way shall be done in conformance with the City's Manual of Infrastructure Standards as promulgated by the Public Works Director.
B. The permittee shall employ a testing laboratory as approved by the Public Works Director, which shall certify the proper back-filling on any street cut. The permittee shall pay all costs associated with such testing. This provision shall be waived when flowable fill is used as backfill or with the permission of the Public Works Director.
C. The permittee shall notify the office of the Public Works Director upon completion of the authorized work permit.
D. The permittee will notify the public works director to schedule an inspection at the start of back-filling. Upon completion of all right-of-way Public Right- of-Way restoration activities, the permittee will schedule a closeout inspection.
E. When any corrective actions required have been completed and inspected to the Public Works Director's satisfaction, the two (2)-year maintenance period will begin.
F. In addition to the required scheduled inspections, the Public Works Director may choose to inspect the ongoing permitted work in the right-of-way Public Right-of-Way at any time to ensure that all requirements of the approved permit are being met by the permittee.
G. At the time of any inspection, the Public Works Director may order the immediate cessation of any work, which poses a serious threat to the life, health, safety, or well -being of the public. The Public Works Director may issue a citation to the permittee for any work, which does not conform, to the applicable standards, conditions, code or terms of the permit. The citation shall state that failure to correct the violation will be cause for revocation of the permit.
13-528. APPEALS PROCESS. A. Whenever a person shall deem themselves aggrieved by any decision or action taken by the Public Works Director, the person may file an appeal to the Governing Body within ten (10) calendar days of the date of notice of such decision or action.Provided, this section shall not apply to any person who is availing themselves of the appeal provisions set forth in K.S.A. 66- 2019(h)(6), as amended.
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B. The persons shall be afforded a hearing on the matter before the Governing Body within thirty (30) days of filing the appeal.
C. In cases of applicability or interpretation of the rules, the Governing Body may revoke such decision or action taken by the Public Works Director.
D. In cases where compliance with such decision or action taken by the Public Works Director would cause undue hardship, the Governing Body may extend the time limit of such decision or action, or may grant exceptions to, or waive requirements of, or grant a variance from the specific provisions of rules. The Governing Body shall give due consideration to the purposes of the rules in preserving public safety and convenience, integrity of public infrastructure, and the operational safety and function of the public right-of- wayPublic Right-of-Way.
E. Pending a decision by the Governing Body, the order of the Public Works Director shall be stayed, unless the public works director determines that such action will pose a threat to public safety or the integrity of the public infrastructure.
F. If a person still deem deems themselves aggrieved after the appeal to the Governing Body, such person shall have thirty (30) days after the effective date of the Governing Body's final decision to institute an action in the District Court of Johnson County, Kansas.
13-529.INDEMNIFICATIONG. Notwithstanding the foregoing, this section shall not apply to any person who is availing themselves of the appeal provisions set forth in K.S.A. 66-2019(h)(6), as amended, or Chapter 19.33 of the City Zoning Regulations, as amended, or in Federal Communications Commission (FCC) Declaratory Ruling dated September 27, 2018, in WT Docket Nos. 17-79 and 17-84 (FCC 18-133, 33 FCC Rcd 9088), to the extent such FCC Declaratory Ruling applies and/or is in effect.
13-529. INDEMNIFICATION. A. A Row-user shall indemnify and hold the City and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney attorneys' fees and costs of defense), proceedings, actions demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury (including death), property damage or other harm for which recovery of damages is sought, to the extent that it is found by a court of competent jurisdiction to be caused by the negligence of the ROW-user, any agent, officer, director, or their respective officers, agents, employees, directors or representatives, while installing repairing or maintaining facilities in a public right-of-ay. Nothing herein shall be deemed to prevent the City, or any agent from participating in the defense of any litigation by their own counsel at their own expense. Such participation shall not under any circumstances relieve the ROW-user from its duty to defend against liability or its duty to pay and judgment entered against the City, or its agents.
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B. If a ROW-user and the City are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state without, however, waiving any governmental immunity available to the City under state or federal law. This section is solely for the benefit of the City and ROW-user and does not create or grant any rights, contractual or otherwise, to any other person or entity.
13-530. FORCE MAJEURE. Each and every provision hereof shall be subject to acts of God, fires, strikes, riots, floods, war and other circumstances beyond the ROW- user's or the City's control.
13-531. FEDERAL, STATE AND CITY JURISDICTION. 13-531.FEDERAL, STATE AND CITY JURISDICTIONA. This article shall be construed in a manner consistent with all applicable federal, state, and local laws. Notwithstanding any other provisions of this article to the contrary, the construction, operation and maintenance of the ROW-user's facilities shall be in accordance with all laws and regulations of the United States, the state and any political subdivision thereof, or any administrative agency thereof, having jurisdiction.
B. In addition, the ROW-user shall meet or exceed the most stringent technical standards set by regulatory bodies, including the City, now or hereafter having jurisdiction. In the event of duplications or conflicts between the provisions of this Ordinance and Chapter 19.33 of the Zoning Regulations (as to any Wireless Facilities, as that term is defined therein), the City shall have the right to impose and enforce among the various duplications or conflicts such requirements and standards as will best protect the public health, safety, and welfare, provided that the City enforce such requirements in a competitively neutral manner.
C. The ROW-user's rights are subject to the police powers of the City to adopt and enforce ordinances necessary to the health, safety, and welfare of the public. The ROW-user shall comply with all applicable laws and ordinances enacted pursuant to that power. Finally, failure of the ROW-user to comply with any applicable law or regulation may result in a forfeiture of any permit, registration or authorization granted in accordance with this article.
13-532. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this article is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof.
13-533. CITY'S FAILURE TO ENFORCE. The City's failure to enforce or remedy any noncompliance of the terms and conditions of this article or of any permit granted hereunder shall not constitute a waiver of the City's rights nor a waiver of any person's obligation as herein provided.
13-534. PENALTIES. A. Any person of entity violating any provision violation of this Article is guilty of a public offense, and upon conviction thereof shall be fined in a sum of
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not less than two hundred dollars ($200) nor more than five hundred dollars ($500). Every day that this article is violated shall constitute a separate offense.
B. The violation of any provision of this article is hereby deemed to be grounds for revocation of the permit and registration to operate with the City.
C. The City shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this article. In addition to any other remedies, the City Attorney may institute injunction, mandamus or other appropriate action or proceeding to prevent violation of this Article.
13-535. RESERVATION OF RIGHTS. A. In addition to any rights specifically reserved to the City by this Article, the City reserves unto itself every right and power which is required to be reserved by a provision of any ordinance under any registration, permit or other authorization granted under this article. The city City shall have the right to waive any provision of this Article or any registration, permit or other authorization granted thereunder, except those required by federal or state law, if the city City determines as follows: 1. that it is in the public interest to do so; and 2. that the enforcement of such provision will impose an undue hardship on the person. To be effective, such waiver shall be evidenced by a statement in writing signed by a duly authorized representative of the City. Further, the City hereby reserves to itself the right to intervene in any suit, action or proceeding involving the provisions herein.
B. Notwithstanding anything to the contrary set forth herein, the provisions of this Article shall not infringe upon the rights of any person pursuant to any applicable state or federal statutes, including, but not limited to the right to occupy the right-of-way.Public Right-of-Way.
13-536 DESIGN REQUIREMENTS. A. All newly-constructed facilities shall be located underground. The ROW- user shall comply with all requirements of the City relating to underground facilities. This requirement may be waived by the Public Works Director as provided in Section 13-510 above.
B. Any permitted above-ground facilities shall comply with the Manual of Infrastructure Standards and all applicable zoning regulations, including but not limited to design, size, height, setbacks, screening and landscaping, and illumination, and be located in a manner that does not compromise the public health, safety, or welfare.
C. Height. Notwithstanding the foregoing or anything in this Chapter to the contrary, the height of a facility will not exceed, or cause any existing facility to exceed, the lesser of: 1. thirty-five (35) feet for residential or collector streets or forty-five (45) feet for arterial streets; and
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2. sixty-six (66) inches above the height of existing street light poles along the Public Right-of-Way surrounding the facility.
D. Location. The applicant shall work with the Public Works Director to determine the appropriate pad size, equipment size, and location for facilities that is most compatible to the streetscape and abutting property. If the Public Works Director waives the requirement for underground facilities, then preferred locations for equipment and facilities are, in order of priority or preference: 1. Incorporated into the base of the pole structure, using City-standard or City-approved pole structure and detail; 2. Located at the extreme edge of the Public Right-of-Way at the farthest location from a street or sidewalk and at the least visible portion of abutting property. (e.g., the rear boundary line of two lots abutting the Public Right-of-Way); 3. Located immediately abutting the pole, and designed with a color that either blends with the pole structure or masks the box or equipment in relation to other background colors, provided the box or equipment is less than two (2) square feet in footprint area and less than three (3) feet tall in height, as measured from the ground; 4. Any other location should be integrated into the existing streetscape design standards (i.e., no special facilities are needed to screen the box or equipment and it can be screened by arrangement of landscape, streetscape structures and monuments or other elements of the existing streetscape).
E. Spacing. Any above ground facilities, utility boxes, or accessory equipment shall also be controlled by the following additional spacing, separation and location requirements: 1. No closer than 200 feet from any other similar facility or equipment. Clusters of more than one facility, box, or other equipment can be approved provided they are either (a) in a common underground vault; or (b) in a group location mid-block that is located and screened in a manner that equally or better meets the above preferred locations for individual facilities, boxes, or equipment. Any group location shall require special review as a large or clustered equipment as provided below. 2. No obstruction of any clear zone or site triangle. 3. No negative impact on existing or future street trees and sidewalks. The location of street trees and sidewalks shall take priority over the location of facilities, boxes, pads, and equipment. Existing trees and sidewalks shall not be damaged or removed due to placement, construction or maintenance of facilities, boxes, pads, or equipment, and the placement, construction or maintenance of facilities, boxes, pads, and equipment shall not be used as a reason for the City to not put any future street, tree, sidewalk, or other improvement in any location in accordance with City plans. 4. No newly-constructed above-ground facilities shall be located directly in front of any single-family home (or in front of where a single-family home could be constructed, in the case of a vacant lot), provided that if the Public Works Director deems it necessary 33281960v.1
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or appropriate, such facilities may be located in the front yard, at or along the property line between two adjacent properties.
F. Screening. Any above ground facilities, utility boxes, or accessory equipment receiving a waiver from the Public Works Director shall have a landscape and screening plan that minimizes the visibility of the facility, box, or equipment. The following techniques shall be used in order of priority, and may be used in combination to produce the best result: 1. Integrated into any fence or walls at the abutting property line, using the same materials of the fence or wall, provide it creates a full screen. 3. Screened with an evergreen screen at least as tall as the facility, box, or equipment. 4. Use colors that match any predominant backdrop of the facility, box, or equipment.
G. Large Utility Boxes or Accessory Equipment. Utility boxes, facilities, or Accessory Equipment (as defined in Chapter 19.33 of the City Zoning Regulations) that have a footprint larger than twelve (12) square feet in area, a pad greater than 2.5 times the area of the utility box footprint or greater than thirty-two (32) square feet; or have a height of more than fifty- six (56) inches, shall require the issuance of a Conditional Use Permit, as provided in Chapter 19.30 of the City Zoning Regulations.
H. Public Streetscape Plans. Any corridor where the City has invested in a specific streetscape plan where planting, street trees, sidewalks, monuments, street lights or other valuable public realm design features have been planned and/or constructed with consideration of planning and design details considered at a block-by-block scale, shall require separate review and approval by the Governing Body (following review and recommendation by the Planning Commission) before any facility or equipment may be located within that corridor or street section, regardless of the above criteria, except to the extent approval by Staff is authorized as to certain Wireless Facilities under Chapter 19.33 of the City Zoning Regulations.
13-536 REPEAL OF OTHER ORDINANCES. All other ordinances and resolutions or parts thereof inconsistent or in conflict with the terms thereof shall be canceled, annulled, repealed and set aside; provided, that this Article shall not take effect or become in force until the requirements for adopting an Ordinance as set forth in the City of Prairie Village Municipal Code have occurred.
Section 2. Sections 13-501 through 13-536, inclusive, of the Prairie Village Municipal Code, in existence as of and prior to the adoption of this ordinance, are hereby repealed.
Section 3. This ordinance shall take effect and be enforced from and after its passage, approval, and publication as provided by law.
PASSED by the City Council of the City of Prairie Village, Kansas on ______, 2020.
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APPROVED by the Mayor on ______, 2020.
CITY OF PRAIRIE VILLAGE, KANSAS
Eric Mikkelson, Mayor
ATTEST:
Adam Geffert, City Clerk
APPROVED AS TO LEGAL FORM:
David E. Waters, City Attorney
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ORDINANCE NO. 2428
AN ORDINANCE AMENDING THE CITY OF PRAIRIE VILLAGE, KANSAS, RIGHT-OF-WAY REGULATIONS, AMENDING CHAPTER XIII (STREETS AND SIDEWALKS), ARTICLE 5 (USE AND OCCUPANCY OF THE PUBLIC RIGHT- OF-WAY) OF THE CODE OF THE CITY OF PRAIRIE VILLAGE, AND ADDING NEW AND SUBSTITUTE PROVISIONS THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PRAIRIE VILLAGE, KANSAS:
Section 1. Existing Article XIII (Streets and Sidewalks), Chapter 5 (Use and Occupancy of the Public Right-of-Way), consisting of sections 13-501 through 13-536, inclusive), is hereby deleted in its entirety and amended to read as follows:
ARTICLE 5. USE AND OCCUPANCY OF THE PUBLIC RIGHT-OF-WAY
13-501. GENERAL. No person shall excavate the Public Right-of-Way, construct, or use the facilities within the Public Right-of-Way of the City except as provided herein.
13-502. PURPOSE. A. To recognize the City's primary role as chief steward of the Public Right-of- Way and its duty to its citizens to recover the costs of managing the Public Right-of-Way and incursions into it;
B. To clarify and regulate conditions of occupancy and construction for those ROW-users occupying space within the City's Public Right-of-Way given the anticipated increased use of the Public Right-of-Way by various ROW- users throughout the country;
C. To recognize the necessity for sound management practices in light of the increased use of the Public Right-of-Way and the fact that the Public Right- of-Way is a limited resource;
D. To treat each ROW-user equitably and in a competitively neutral and nondiscriminatory manner with considerations that may be unique to the technologies and situation of each particular ROW-user;
E. To minimize disruption, visual impact or inconvenience to the public, and to preserve the public health, safety and welfare; and
F. To comply with state and federal legislation.
13-503. DEFINITIONS. For purposes of this article, the following words and phrases shall have the meaning given herein: A. Abandoned Facilities means those facilities owned by the ROW-user that are not in use and will not be utilized by the owner in the future. B. Affiliate means any person controlling, controlled by or under the common control of a service provider.
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C. Applicant means any person requesting permission to occupy, lease or operate facilities using the Public Right-of-Way, or to excavate the Public Right-of-Way. D. Area of Influence means that area around a street excavation where the pavement and sub-grade is impacted by the excavation and is subject to more rapid deterioration. E. City means the City of Prairie Village, Kansas, a municipal corporation and any duly authorized representative. F. City Engineer means the City Engineer, Prairie Village, Kansas, or the authorized representative. G. Construct means and includes construct, install, erect, build, affix or otherwise place any fixed structure or object, in, on, under, through or above the Public Right-of-Way. H. Day means calendar day unless otherwise specified. I. Emergency means a condition that (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement in order to restore service to a user. J. Excavate means and includes any cutting, digging, excavating, tunneling, boring, grading or other alteration of the surface or subsurface material or earth in the Public Right-of-Way. K. Excavation Fee means the fee charged by the City for each street or pavement cut which is intended to recover the costs associated with construction and repair activities of the ROW-user and its contractors and/or subcontractors. L. FCC means Federal Communications Commission. M. Facility means lines, pipes, irrigation systems, wires, cables, conduit facilities, ducts, poles, towers, vaults, pedestals, boxes, appliances, antennas, transmitters, gates, meters, appurtenances, wireless communication facilities (including but not limited to Wireless Facilities, Wireless Support Structures, Towers, Utility Poles, Antenna, Small Cell Facilities, Base Stations, Transmission Equipment, Distributed Antenna System Facilities, Accessory Equipment, all as defined in Chapter 19.33 of the City Zoning Regulations), and primary equipment enclosures, or other equipment. N. Governing Body means the Mayor and the City Council of the City of Prairie Village, Kansas. O. Governmental Entity means any county, township, city, town, village, school district, library district, road district, drainage or levee district, sewer district, water district, fire district or other municipal corporation, quasi- municipal corporation or political subdivision of the State of Kansas or of any other state of the United States and any agency or instrumentality of the State of Kansas or of any other state of the United States. P. KCC means the Kansas Corporation Commission. Q. Newly Constructed Facilities means all new facilities except (i) replacement street lights which meet the City's design criteria, and (ii) Wireless Facilities on existing or replacement Utility Poles with conduit or cable placed within the Utility Pole, to the extent permitted under and to the extent such Wireless Facilities otherwise comply with the requirements of Chapter 19.33 of the City Zoning Regulations. R. Parkway means the area between a property line and the street curb. Sometimes called boulevard, tree-shelf or snow-shelf.
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S. Pavement means and includes Portland cement concrete pavement, asphalt concrete pavement, asphalt treated road surfaces and any aggregate base material. T. Permit and Inspection Fee means the fee charged by the City to recover its cost incurred for Public Right-of-Way management; including, but not limited to, costs associated with registering applicants; issuing, processing and verifying right-of-right permit applications; inspecting job sites and restoration of improvements; determining the adequacy of Public Right-of- Way restoration; revoking Right-of-Way Permits and, other costs the City may incur in managing the provisions of this Article. U. Permittee means any person to whom a Right-of-Way Permit is issued to excavate a Public Right-of-Way. V. Person means any natural or corporate person, business association or business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity. W. Public Improvement means any project undertaken by the city for the construction, reconstruction, maintenance, or repair of any public infrastructure, and including without limitation, streets, alleys, bridges, bikeways, parkways, sidewalks, sewers, drainage facilities, traffic control devices, street lights, public facilities, public buildings or public lands. X. Public Lands means any real property of the city that is not Public Right-of- Way. Y. Public Right-of-Way or ROW means the area on, below, or above streets, alleys, bridges, and parkways in which the City has a dedicated or acquired right-of-way interest in the real property. Z. Public Works Director means the Director of the Public Works Department of the City of Prairie Village, Kansas, or the authorized representative. AA. Registration means the application process of a service provider, the approval of the application by the City, and the authorization of the service provider to use any portion of the Public Right-of-Way within the City to provide service both within and beyond the City limits. BB. Repair means the temporary construction work necessary to make the Public Right-of-Way useable. CC. Repair and Restoration Costs means those costs associated with repairing and restoring the Public Right-of-Way because of damage caused by the ROW-user and its contractors and/or subcontractors in the Public Right-of- Way. DD. Restoration means the process by which an excavated Public Right-of-Way and surrounding area, including pavement and foundation, is returned to the same condition, or better, than existed before the commencement of the work. EE. Right-of-Way Permit means the authorization to excavate for the construction, installation, repair or maintenance of any type of facility within the Public Right-of-Way. FF. Routine Service Operation means a work activity that makes no material change to the facilities and does not disrupt traffic. GG. ROW-user means a person, its successors and assigns, that uses the Public Right-of-Way for purposes of work, excavation, provision of services, or to install, construct, maintain, repair facilities thereon,
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including, but not limited to, landowners and service providers. A ROW- user shall not include ordinary vehicular or pedestrian traffic or any governmental entity that has entered into an interlocal agreement pursuant to K.S.A. 12-2901 et seq. with the City regarding the use and occupancy of the Public Right-of-Way. HH. Service means a commodity provided to a person by means of a delivery system that is comprised of facilities located or to be located in the right-of- way, including, but not limited to, gas, telephone, cable television, Internet services. Open video systems, wireless services, alarm systems, steam, electric, water, telegraph, data transmission, petroleum pipelines, or sanitary sewerage. II. Service Provider means any person owning, possessing or having an interest in facilities in the Public Right-of-Way that are used for the provisions of a service for or without a fee; provided, that this definition shall also include persons owning, possessing or having an interest in facilities in the Public Right-of-Way that are used by, may be used by or are intended for use by another person, in whole or in part, to provide a service for or without a fee, regardless of whether the actual facility owner provides any service as defined herein. JJ. Small Cell Facility Deployment Agreement shall have the same meaning as provided in K.S.A. 12-2001 et seq., as amended.
KK. Street means the pavement and sub-grade of a City residential, collector or arterial roadway.
13-504. POLICY. A. It is the policy of the City to authorize any ROW-user to utilize the Public Right-of-Way in a competitively neutral, non-discriminatory manner that maximizes the efficient use of and conserves the Public Right-of-Way and minimizes the burden on the Public Right-of-Way, physically and aesthetically. Any use of the Public Right-of-Way by a ROW-user shall be subject to the terms and conditions hereof, in addition to other applicable federal, state or local requirements.
B. The right granted to the ROW-user to use the Public Right-of-Way is limited to the use that the ROW-user has filed with the City in accordance with this article. These rights are for the exclusive use of the ROW-user except where otherwise provided herein, or when authorized by the City.
C. This article also is designed to regulate occupancy and excavations in the Public Right-of-Way by providing, among other things, for the issuance of permits that grant the authority to utilize and occupy the Public Right-of- Way within the City.
D. All ROW-users shall be subject to all rules, regulations, policies, resolutions, and ordinances now or hereafter adopted or promulgated by the city in the reasonable exercise of its police power and are subject to all applicable laws, orders, rules and regulations adopted by governmental entities now or hereafter having jurisdiction. In addition, the ROW-users shall be subject to all technical specifications, design criteria, policies, resolutions and ordinances now or hereafter adopted or promulgated by
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the City in the reasonable exercise of its police power relating to permits and fees, sidewalk and pavement cuts, utility location, construction coordination, surface restoration, and other requirements on the use of the Public Right-of-Way.
13-505. ADMINISTRATION. A. The Public Works Director is the principal City official for administration of Right-of-Way Permits for work and excavations made in the Public Right- of-Way. The Public Works Director may delegate any or all of the duties hereunder.
B. The City Administrator is the principal City official responsible for administration of the registering of a service provider. The City Administrator may delegate any or all of the duties hereunder.
13-506. REQUIREMENTS OF SERVICE PROVIDER. A. Any existing service provider must register within thirty (30) days of the effective date of this Article.
B. Any person, who is not an existing service provider prior to the effective date of this Article and who wishes to become a service provider, must first register with the City.
C. The service provider shall report any changes in its registration information within thirty (30) days.
D. No service provider shall be authorized to utilize the Public Right-of-Way in any capacity or manner without registering and obtaining the necessary Right-of-Way Permit from the City.
E. The information required for registration includes the following: 1. Identity and legal status of service provider, including related affiliates. 2. Name, address, telephone number, fax number and e-mail address of officer, agent or employee responsible for the accuracy of the registration statement. 3. Name, address, telephone number, fax number and email address of the local representative of the service provider who shall be available at all times to act on behalf of the service provider in the event of an emergency. 4. Proof of any necessary permit, license, certification, grant, registration, franchise agreement, small cell facility deployment agreement, video service provider agreement, or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the FCC or the KCC. 5. Description of the service provider's intended use of the Public Right-of-Way. 6. Information sufficient to determine whether the service provider is subject to franchising by Kansas law.
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7. Information sufficient to determine whether the service provider has applied for and received any certificate of authority required by the Kansas Corporation Commission. 8. Information sufficient to determine that the service provider has applied for and received any permit or other approvals required by the Federal Communications Commission. 9. Such other information as may be reasonably required by the City to complete the registration statement.
F. Each service provider shall designate a local person familiar with the facilities that will act as a local agent for the service provider and will be responsible for satisfying information requirements of this article. The service provider shall present to the City the agent's name, address, telephone number, fax number and email address. The agent shall be the person to whom relocation notices and other such notices shall be sent, and with whom rests the responsibility to facilitate all necessary communications. The service provider shall be responsible for all costs incurred by the City due to the failure to provide such information to the City.
G. Prior to construction, reconstruction, repair, maintenance, or relocation of facilities owned by the service provider in the Public Right-of-Way, the service provider shall first obtain the necessary Right-of-Way Permit as provided hereafter.
H. Prior to providing service to the City and its residents, the service provider shall first obtain the necessary franchise agreement, small cell facility deployment agreement, or video service provider agreement, if any, from the City.
I. The service provider shall participate in any joint planning, construction and advance notification of Public Right-of-Way work, including coordination and consolidation of street cut work as directed by the Public Works Director. In addition, the service provider shall cooperate with other service providers and the City for the best, most efficient, most aesthetic and least obtrusive use of the Public Right-of-Way, consistent with safety, and to minimize traffic and other disruptions, including street cuts.
J. The service provider shall furnish maps showing the location of facilities of the service provider within the City as provided hereafter.
K. The City shall not exercise its authority under this provision to in any way deter competition or discriminate against any service provider.
L. Prior to the approval of any Right-of-Way Permit, and to the extent authorized or required by applicable law, the applicant shall enter into an agreement (including, but not limited to, in the form of a contract franchise, small cell facility deployment agreement, or video service provider agreement if required by the City) whereby it agrees to abide by the requirements of the City's Public Right-of-Way Ordinance and to protect the City from any liability associated with the proposed installation. Such
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protection shall include requirements regarding bond, insurance, and indemnification. The agreement/franchise shall be in a form approved by the City's legal counsel, and the permittee shall pay such franchise or license fees as may be set forth in the agreement/franchise.
M. If any facilities or equipment are to be located upon or connected to any City-owned utility poles or other facilities, then prior to the approval of a Right-of-Way Permit the applicant shall enter into a license or pole attachment agreement with the City. The agreement shall be in a form approved by the City's legal counsel, and the permittee shall pay such license, attachment, and connection fees as may be set forth in the agreement.
13-507. MAPPING REQUIREMENT OF SERVICE PROVIDER. A. The service provider shall keep and maintain accurate records and as-built drawings depicting accurate location of all its facilities constructed, reconstructed, or relocated in the Public Right-of-Way.
B. Within ten (10) days of a request by the City, the service provider will provide to the City information concerning such facilities as may be reasonably requested.
C. When available to the service provider, such information will be submitted electronically in an AutoCad® format to the extent compatible with the city's Geographical Information Systems (GIS) and Johnson County Automated Integrated Mapping Systems (AIMS) provided, however, that nothing herein shall be construed to require the ROW-user to acquire or modify any electronic mapping system.
D. Underground facilities shall be differentiated from overhead facilities.
E. Such mapping and identification shall be at the sole expense of the service provider.
13-508. SERVICE PROVIDER'S RIGHT TO SELL, TRANSFER, LEASE, ASSIGN, SUBLET OR DISPOSE. Except as provided hereafter, the service provider shall not sell, transfer, lease, assign, sublet or dispose of its facilities, or any portion thereof, that is located in Public Right-of-Way, or any right, title or interest in the same, or the transfer of any rights granted by the City to any person either by forced or involuntary sale, or by ordinary sale, consolidation or otherwise, without notice to the City. This provision shall not apply to the sale of property or equipment in the normal course of business or to the sale or lease of facilities to reseller service providers. No notice to the City shall be required for a transfer in trust, mortgage, or other similar instrument, in whole or in part, to secure an
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indebtedness, or for a pro forma transfer to a corporation, partnership, or other entity controlling, controlled by or under common control with the service provider.
13-509 INTENTIONALLY DELETED.
13-510. USE OF THE PUBLIC RIGHT-OF-WAY. A. The ROW-user's use of the Public Right-of-Way shall in all matters be subordinate to the City's use or occupation of the Public Right-of-Way. Without limitation of its rights, the City expressly reserves the right to exercise its governmental powers now and hereafter vested in or granted to the City.
B. The ROW-user shall coordinate the placement of facilities in a manner that does not interfere with a Public Improvement and does not compromise the public health, safety, or welfare, as reasonably determined by the City. Where placement is not regulated, the facilities shall be placed with adequate clearance from such public improvements so as not to impact or be impacted by such public improvement as defined in the City's "Manual of Infrastructure Standards" available in the office of the Public Works Director. Such Standards shall be competitively neutral and not unreasonable or discriminatory.
C. The ROW-users shall consider any request made by the City concerning placement of facilities in private easements in order to limit or eliminate future street improvement relocation expenses.
D. All facilities shall be located and laid so as not to disrupt or interfere with any pipes, drains, sewers, irrigation systems, or other structures or public improvements already installed. In addition, the ROW-user shall, in doing work in connection with its facilities, avoid, so far as may be practicable, disrupting or interfering with the lawful use of Public Right-of-Way or other public lands of the City.
E. All facilities of the ROW-user shall be placed so that they do not interfere with the use of Public Right-of-Way and public lands. The City, through its Public Works Director, shall have the right to consult and review the location, design and nature of the facility prior to its being installed.
F. All newly-constructed facilities shall be located underground. The ROW- user shall comply with all requirements of the City relating to underground facilities. This requirement may be waived by the Public Works Director at his or her discretion for safety concerns, if approval is required or permitted under other applicable law or ordinance (including but not limited to Chapter 19.33 of the City Zoning Regulations), or some other good cause under the condition that does not cause discrimination among ROW-users.
G. If the requirement for below-ground facilities is waived, the facilities shall be located as directed by the Public Works Director, including, but not limited to, requirements regarding location, height, breakaway design, and clear zones, and in conformity with those design requirements set forth in Section 13-536 below. Permitted above-ground facilities shall also comply
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with the Manual of Infrastructure Standards and all applicable zoning regulations, including but not limited to design, size, height, setbacks, screening and landscaping, and illumination, and be located in a manner that does not compromise the public health, safety, or welfare.
H. No newly-constructed above-ground facilities shall be located directly in front of any single-family home (or in front of where a single-family home could be constructed, in the case of a vacant lot), provided that if the Public Works Director deems it necessary or appropriate, such facilities may be located in the front yard, at or along the property line between two adjacent properties.
I. The ROW-user shall not interfere with the facilities of the other ROW-users without their permission. If and when the City requires or negotiates to have a service provider cease using its existing poles and to relocate its facilities underground, all other service providers using the same poles shall also relocate their facilities underground at the same time, except transmission equipment, as defined in 47 CFR 1.40001. Provided, any such relocations shall be subject to the appeal process contained in Section 13-528, as amended.
J. The Public Works Director may assign specific corridors within the Public Right-of-Way, or any particular segment thereof as may be necessary, for each type of facility that is currently or, pursuant to current technology, the Public Works Director expects will someday be located within the Public Right-of-Way. All Right-of-Way Permits issued by Public Works Director shall indicate the proper corridor for the ROW-user's facilities. Any ROW- user whose facilities are currently in the Public Right-of-Way in a position at a variance with the designated corridors shall, no later than at the time of next reconstruction or excavation of the area where its facilities are located, move the facilities to its assigned position within the Public Right- of-Way, unless this requirement is waived by Public Works Director for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public health, safety, or welfare, user service needs and hardship to the ROW-user.
K. If, in the preparation and planning of a Public Right-of-Way project, the Public Works Director deems it appropriate for a conduit to be constructed along, across or under the Public Right-of-Way, the Public Works Director shall contact all appropriate ROW-users for their input on the planning and design of such conduit. If a ROW-user desires to construct, maintain or operate facilities along such Public Right-of-Way, the Public Works Director may require the ROW-user to use such conduit, and to contribute to the expense of such conduit, provided, however, the ROW-user's use of the conduit is reasonable and appropriate under the circumstances.
L. All earth, materials, sidewalks, paving, crossings, utilities, other public improvements or improvements of any kind damaged or removed by the ROW-user shall be fully repaired or replaced promptly by the ROW-user at its sole expense and to the reasonable satisfaction of the City. Upon determination by the Public Works Director that such repair or replacement
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is a public safety matter, all such repair or replacement shall be commenced within twenty-four (24) hours of notice from the City, or the Public Works Director may direct the city to make such repair or replacement and bill the ROW-user for the City cost. The Public Works Director has the authority to inspect the repair or replacement of the damage, and if necessary, to require the ROW-user to do any necessary additional work.
M. All technical standards governing construction, reconstruction, installation, operation, testing, use, maintenance, and dismantling of a ROW-user's facilities in the Public Right-of-Way shall be in accordance with the Manual of Infrastructure standards and all applicable federal, state and local law and regulations, including those promulgated by national trade associations commonly associated with the service provided by the ROW- user. It is understood that the standards established in this paragraph are minimum standards and the requirements established or referenced in this article may be in addition to or stricter than such minimum standards. A ROW-user shall not construct or reconstruct any of its facilities located upon, over, under or within the Public Right-of-Way without first having submitted in writing a description of its planned improvement to the Public Works Director and having received a permit for such improvement. The Public Works Director may require that any drawings, plans and/or specifications submitted be certified by a Kansas registered professional engineer stating that such drawings, plans and/or specifications comply with all applicable technical codes, rules and regulations, unless such plans are based directly on nationally recognized codes, which are appropriately cited, and attested to on the plans by the signature of an authorized official of the organization applying for the permit.
N. The ROW-user shall cooperate promptly and fully with the City and take all reasonable measures necessary to provide accurate and complete on-site information regarding the nature and horizontal and vertical location of its facilities located within the Public Right-of-Way, both underground and overhead, when requested by the City or its authorized agent for a public improvement. Such location and identification shall be at the sole expense of the ROW-user without any expense to the City, its employees, agents, or authorized contractors.
13-511. FACILITY RELOCATION. A. The ROW-user shall promptly remove, relocate or adjust any facilities located in the Public Right-of-Way as directed by the City for a public improvement or when reasonably required by the City by reason of public health, safety and welfare. Such removal, relocation, or adjustment shall be performed by the ROW-user at the ROW-user's sole expense without expense to the City, its employees, agents, or authorized contractors and shall be specifically subject to rules, regulations and schedules of the City pertaining to such. The ROW-user shall proceed with relocations at due diligence upon notice by the City to begin relocation.
B. The ROW-user shall promptly remove, relocate or adjust any facilities located in private easement, as directed by the City, for a public
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improvement, at City expense, by moving such facilities to areas within the expanded Public Right-of-Way or within remaining private easements or remaining portions of such easements not condemned by nor disclaimed to the City to avoid conflict with City construction and improvements. The ROW-user shall disclaim those parts of its easements which lie within the expanded Public Right-of-Way. Should the City, in the future, elect to require the ROW-user to again relocate its facilities to other areas within the expanded Public Right-of-Way, the cost of any such future relocation shall be borne by the City.
C. As soon as working drawings are available for public improvements which will require the ROW-user to relocate its facilities, the city shall provide the ROW-user with written notice of relocations and the anticipated bid letting date of said improvement. The ROW-user shall respond with any conflicts and a proposed construction schedule within thirty (30) days.
D. Following notice by the City in the form of the delivery of final design plans for such public improvements, the ROW-user shall remove, and relocate its facilities in accordance with the mutually agreed upon schedule, provided the project is not delayed by adverse weather conditions and other factors beyond the control of the ROW-user. The ROW-user shall certify to the City, in writing, that its facilities have been relocated or adjusted to clear construction in accordance with project plans provided by the City.
E. Any damages suffered by the City, its agents or its contractors to the extent caused by ROW-user's failure to timely relocate or adjust its facilities, or failure to properly relocate or adjust such facilities, shall be borne by the ROW-user.
F. In the event the ROW-user is required to move its facilities in accordance with this section, any ordinary Right-of-Way Permit fee shall be waived.
G. It is the intent of this section for both the City and the ROW-user to cooperate with one another so that the need for facility relocation is minimized and, when required and feasible, relocations may be completed prior to receipt of bids by the City for a public improvement.
H. In the event that a ROW-user is required to move its facilities for a private benefit, the ROW-user shall not bear the cost of the relocation or adjustment to the extent of such private benefit, and the ROW-user shall not be obligated to commence the relocation or adjustment until receipt of funds for such relocation or adjustment.
13-512. PROTECTION OF THE PUBLIC. A. It shall be the responsibility of the ROW-user to take adequate measures to protect and defend its facilities in the Public Right-of-Way from harm and damage.
B. The City shall not be liable for any damage to or loss of any of the ROW- user's facilities within the Public Right-of-Way as a result of or in connection
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with any construction, excavation, grading, filling or work of any kind, including public improvements by or on the behalf of the City, except to the extent caused by the negligent, willful, intentional, or malicious acts or omissions of the City.
C. The ROW-user shall be responsible to the City and its agents, representatives, and authorized contractors for all damages suffered by them including, but not limited to delay damages, repair costs, down time, construction delays, penalties or other expenses of any kind arising out of the failure of the ROW-user to timely perform any of its obligations under this article to the extent caused by the acts or omissions of the ROW-user.
D. The City or its authorized contractors shall be responsible for taking reasonable precautionary measures including calling for facility locations when constructing its public improvements.
E. Any ROW-user who for any purpose makes or causes to be made any excavation in, upon, under, through or adjoining any street, sidewalk, alley or other Public Right-of-Way, and shall leave any part or portion thereof open, or shall leave any part or portion thereof disrupted with rubbish, building or other material during construction and/or the night time, shall cause the same to be enclosed with good substantial and sufficient barricades or drums equipped with the appropriate type warning lights and orange safety fencing material which is properly secured around the excavation or the disruption.
F. Whenever a ROW-user shall excavate the full width of any street, sidewalk, alley, driveway approach or other Public Right-of-Way, it shall be its duty to maintain an adequate passage for vehicles and pedestrians across or around the excavation until it is refilled as specified.
G. Any excavation left open overnight on any thoroughfare or collector type street shall be securely covered. The ROW-user assumes the sole responsibility for maintaining proper barricades, plates, safety fencing and/or lights as required from the time of opening of the excavation until the excavation is surfaced and opened for travel.
H. The Public Works Director, upon the review and approval of a plan and details for trimming trees in the Public Right-of-Way, may grant permission by permit to any ROW-user to trim trees upon and overhanging the Public Right-of-Way so as to prevent such trees from coming in contact with the facilities of the ROW-user.
I. In the event the ROW-user severely disturbs or damages the root structure of any tree in the Public Right-of-Way to the detriment of the health and safety of the tree, the ROW-user will be required to remove and replace the tree at the ROW-user's cost. Further, in review of the ROW-user's plan, Public Works Director, in his or her discretion, may require the ROW-user to directionally bore around any tree in the Public Right-of-Way.
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J. Upon the appropriate request of any person having satisfied City procedure and ordinances, the ROW-user shall remove, raise, or lower its facilities temporarily to permit the moving of houses or other structures. The expense of such temporary removal, raising or lowering shall be paid by the person requesting the same, and the ROW-user may require such payment in advance. The ROW-user must be given not less than fifteen (15) days written notice from the person detailing the time and location of the moving operations, and not less than twenty-four (24)-hours advance notice from the person advising of the actual operation.
K. The Public Works Director may cause to be removed any encroachment in the Public Right-of-Way that creates a hazard to public health, safety, or welfare, and the cost of such removal and restoration of the Public Right- of-Way shall be borne by the ROW-user.
13-513. RIGHT-OF-WAY VACATION. A. If the City vacates a Public Right-of-Way which contains the facilities of the service provider, and if the vacation does not require the relocation of the service provider's facilities, the City shall reserve, to and for itself and all service providers having facilities in the vacated Public Right-of-Way, an easement for the right to install, maintain and operate any facilities in the vacated Public Right-of-Way and to enter upon such vacated Public Right- of-Way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same.
B. If the vacation requires the relocation of facilities, and 1. If the vacation proceedings are initiated by the service provider, the service provider must pay the relocation costs. 2. If the vacation proceedings are initiated by the City, the service provider must pay the relocation costs unless otherwise agreed to by the City and the service provider. 3. If the vacation proceedings are initiated by a person other than the service provider or the City, such other person must pay the relocation costs.
13-514. ABANDONED AND UNUSABLE FACILITIES. A. A ROW-user owning abandoned facilities in the Public Right-of-Way must either: 1. Remove its facilities and replace or restore any damage or disturbance caused by the removal at its own expense. The Public Works Director may allow underground facilities or portions thereof remain in place if the public works director determines that it is in the best interest of public health, safety, or welfare to do so. At such time, the City may take ownership and responsibility of such vacated facilities left in place; or 2. Provide information satisfactory to the city that the ROW-user's obligations for its facilities in the Public Right-of-Way have been lawfully assumed by another authorized ROW-user; or 3. Submit to the City a proposal and instruments for transferring ownership of its facilities to the city. If the ROW-user proceeds under this section, the City may, at its option purchase the
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equipment, require the ROW-user, at its own expense, to remove it, or require the ROW-user to post a bond in an amount sufficient to reimburse the City for reasonable anticipated costs to be incurred to remove the facilities.
B. Facilities of a ROW-user who fails to comply with this section, and whose facilities remain unused for two (2) years, shall be deemed to be abandoned after the City has made a good faith effort to contact the ROW- user, unless the City receives confirmation that the ROW-user intends to use the facilities. Abandoned facilities are deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, 1. abating the nuisance, 2. taking possession and ownership of the facility and restoring it to a useable function, or 3. requiring the removal of the facility by the ROW-user.
13-515. PERMIT REQUIREMENT. A. Except as otherwise provided, no ROW-user may excavate any Public Right-of-Way or conduct any repair, construction, or reconstruction of facilities located within the Public Right-of-Way without first having obtained the appropriate Right-of-Way Permit.
B. There are two exemptions to this provision: 1. Contractors working on the construction or reconstruction of public improvements. 2. ROW-users performing routine service operations which do not require excavation in the Public Right-of-Way and do not disrupt traffic for more than four (4) hours.
C. No person owning or occupying any land abutting on a Public Right-of-Way shall construct, maintain, or permit in or on the portion of the Public Right- of-Way to which such land is adjacent, any fixed structure, material or object without having obtained the appropriate Right-of-Way Permit.
D. A Right-of-Way Permit is required for emergency situations. If due to an emergency it is necessary for the ROW-user to immediately perform work in the Public Right-of-Way, and it is impractical for the ROW-user to first get the appropriate permit, the work may be performed, and the required permit shall be obtained as soon as possible during the next City working day.
E. No permittee may excavate the Public Right-of-Way beyond the date or dates specified in the Right-of-Way Permit unless the permittee: 1. Makes a supplementary application for another Right-of-Way Permit before the expiration of the initial permit, and, 2. A new Right-of-Way Permit or permit extension is granted.
F. Right-of-Way Permits issued shall be conspicuously displayed by the permittee at all times at the indicated work site and shall be available for
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inspection by the Public Works Director, other City employees and the public.
G. Prior to the commencement of excavation, the permittee shall identify and locate any buried facilities to be spray painted according to the Uniform Color Code required by the Kansas One Call.
H. All excavations by the permittee shall have a metal marker inserted into the excavation of the restored pavement, which shall identify the ROW-user.
I. Before receiving a Right-of-Way Permit, the applicant must show proof of any necessary permit, license, certification, grant, registration, franchise agreement, small cell facility deployment agreement, video service provider agreement, or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the FCC or the KCC.
J. Any ROW-user who is found to be working in the Public Right-of-Way without a permit will be directed to stop work until a permit is acquired and properly posted at the work site. The only exception allowed is for emergency repair work.
K. Any permittee found to be working without providing for required safety and traffic control will be directed to stop work until the appropriate measures are implemented in accordance with the current edition of the Manual on Uniform Traffic Control Devices.
13-516 PERMIT APPLICATIONS. A. Application for a Right-of-Way Permit shall be submitted to the Public Works Director either by the ROW-user or by the person who will do the work and/or excavation in the Public Right-of-Way. Before an application may be submitted, the applicant must attend a pre-application meeting with designated City staff, unless waived by the Public Works Director.
B. Right-of-Way Permit applications shall contain and be considered complete only upon receipt of the following: 1. Compliance with verification of registration; 2. Submission of a completed permit application form, including all required attachments and scaled drawings showing the location and area of the proposed project and the location of all existing and proposed facilities at such location; 3. A traffic control plan; 4. Completed applications for such other approvals (including but not limited to staff approvals, Special Use Permits, or Conditional Use Permits) as may be required under City Code or the Zoning Regulations for the project contemplated by the Right-of-Way Permit application. 5. Payment of all money due to the city for permit fees and costs, for prior excavation costs, for any loss, damage or expense suffered by the City because of the applicant's prior excavations of the Public Right-of-Way or for any emergency actions taken by the City,
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unless the payment of such money is in dispute and timely appealed as provided hereafter.
C. All applications shall be processed within the timeframes required by local, state, and federal law, including but not limited to those set forth in Chapter 19.33 of the City Zoning Regulations.
D. If an applicant has submitted an application for a permit for the installation, construction, maintenance, or repair of multiple facilities, that applicant may not submit another application for a permit for the installation, construction, maintenance, or repair of multiple facilities until the first application has been approved or denied. This provision may be waived by the Public Works Director.
13-517. LIABILITY INSURANCE, PERFORMANCE AND MAINTENANCE BOND REQUIREMENT. A. The permittee shall file with the City evidence of commercial general and automobile liability insurance with an insurance company licensed to do business in Kansas. The general liability limit will be not less than one million dollars ($1,000,000) per occurrence and $2,000,000 in aggregate. The automobile liability limit will not be less than one million ($1,000,000) combined single limit. The insurance will protect the City from and against all claims by any person whatsoever for loss or damage from personal injury, bodily injury, death, or property damage to the extent caused or alleged to have been caused by the negligent acts or omissions of the permittee. If the permittee is self-insured, it shall provide the City proof of compliance regarding its ability to self-insure and proof of its ability to provide coverage in the above amounts.
B. The permittee shall at all times during the term of the permit, and for two (2) years thereafter, maintain a performance and maintenance bond in a form approved by the City Attorney. The amount of the bond will be $5,000 or the value of time restoration, whichever is greater, for a term consistent with the term of the permit plus two (2) additional years, conditioned upon the permittee's faithful performance of the provisions, terms and conditions conferred by this article. An annual bond in an amount of $50,000 automatically renewed yearly during this period shall satisfy the requirement of this section. In the event the City shall exercise its right to revoke the permit as granted herein, then the City shall be entitled to recover under the terms of said bond the full amount of any loss occasioned.
C. A copy of the Liability Insurance Certificate and Performance and Maintenance Bond must be on file with the City Clerk.
D. No performance and maintenance bond or liability insurance will be required of any governmental entity, or of any residential property owner working in the Public Right-of-Way adjacent to his/her residence, who does not utilize a contractor to perform the excavation.
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13-518. RIGHT-OF-WAY PERMIT FEES. A. The Right-of-Way Permit fee and other appropriate fees, including but not limited to inspection fees, excavation fees, pole attachment fees, franchise fees, and license fees shall be recommended by the Public Works Director, approved by the governing body and listed in the Schedule of Fees maintained in the City Clerk's office, as such Schedule may be amended from time to time. An application shall not be deemed submitted unless the Right-of-Way Permit fee is paid. The Right-of-Way Permit fee shall be subject to all state and federal fee limitations.
B. Fees paid for a Right-of-Way Permit, which is subsequently revoked by the Public Works Director, are not refundable.
C. Except as provided for in an emergency situation, when a ROW-user is found to have worked or is working in the Public Right-of-Way without having obtained a Right-of-Way Permit, the fee for the Right-of-Way Permit will be double the amount had the ROW-user obtained a Right-of-Way Permit prior to beginning work.
D. The City may also charge and collect any necessary repair and restoration costs.
13-519. ISSUANCE OF PERMIT. A. If the Public Works Director determines that the applicant has satisfied the requirements of this article, the Public Works Director shall issue a Right- of-Way Permit.
B. The Public Works Director may impose reasonable conditions upon the issuance of a Right-of-Way Permit and the performance of the permittee in order to protect the public health, safety and welfare, to ensure the structural integrity of the Public Right-of-Way, to protect the property and safety of other users of the Public Right-of-Way, and to minimize the disruption and inconvenience to the traveling public.
C. When a Right-of-Way Permit is requested for purposes of installing additional facilities and the performance and maintenance bond for additional facilities is reasonably determined to be insufficient, the posting of an additional or larger performance and maintenance bond for the additional facilities may be required.
D. Issued permits are not transferable.
E. If work is being done for the ROW-user by another person, a subcontractor or otherwise, the person doing the work and the ROW-user shall be liable and responsible for all damages, obligations, and warranties herein described.
F. For the purposes of defining replacement of facilities, the City considers any repair or replacement of a facility that is in such disrepair that substantial replacement is required, to be a new facility. In cases of natural
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disaster events, restoration of facilities will be considered as neither new nor replacement, but as an emergency repair.
G. All Right-of-Way Permits will be issued with a maximum of ninety (90) calendar days to complete the work. Any work beyond the expiration of the permit will be as provided in the provisions of this Article with regard to supplementary applications.
H. Individual Right-of-Way Permits are limited to a maximum of 2,500 feet of contiguous work length.
13-520. PERMITTED WORK. A. The permittee shall not make any cut, excavation or grading of Public Right-of-Way other than excavations necessary for emergency repairs without first securing a Right-of-Way Permit.
B. The permittee shall not at any one time open or encumber more of the Public Right-of-Way than shall be reasonably necessary to enable the permittee to complete the project in the most expeditious manner.
C. The permittee shall, in the performance of any work required for the installation, repair, maintenance, relocation and/or removal of any of its facilities, limit all excavations to those excavations that are necessary for efficient operation.
D. The permittee shall not permit such an excavation to remain open longer than is necessary to complete the repair or installation.
E. The permittee shall notify the City no less than three (3) working days in advance of any construction, reconstruction, repair, location or relocation of facilities which would require any street closure or which reduces traffic flow to less than two (2) lanes of moving traffic for more than four (4) hours. Except in the event of an emergency as reasonably determined by the permittee, no such closure shall take place without notice and prior authorization from the City.
F. Non-emergency work on arterial and collector streets may not be performed during the hours of 7:00 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m., in order to minimize disruption of traffic flow.
G. All work performed in the Public Right-of-Way or which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected at the permittee's expense. Such signage shall be in conformance with the latest edition of the Administration's Manual on Uniform Traffic Control Devices, unless otherwise agreed to by the City.
H. The permittee shall provide identify and locate any underground facilities in conformance with the Kansas Underground Utility Damage Prevention Act "Kansas One Call" system, and notice shall be provided directly to Johnson County Water District #1 and either to Kansas City Power and Light (KCPL) or to the Traffic Operations section of the Public Works
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Department with respect to any municipal traffic signal and street light systems, as appropriate.
I. The permittee shall be liable for any damages to underground facilities due to excavation work prior to obtaining location of such facilities, or for any damage to underground facilities that have been properly identified prior to excavation. The permittee shall not make or attempt to make repairs, relocation or replacement of damaged or disturbed underground facilities without the approval of the owner of the facilities.
J. Whenever there is an excavation by the permittee, the permittee shall be responsible for providing adequate traffic control to the surrounding area as determined by Public Works Director of the City. The permittee shall perform work on the Public Right-of-Way at such times that will allow the least interference with the normal flow of traffic and the peace and quiet of the neighborhood. In the event the excavation is not completed in a reasonable period of time, the permittee may be liable for actual damages to the City for delay caused by the permittee pursuant to this article.
K. All facilities and other appurtenances laid, constructed and maintained by the permittee shall be laid, constructed and maintained in accordance with acceptable engineering practice and in full accord with any and all applicable engineering codes adopted or approved by the parties and in accordance with applicable statutes of the State of Kansas, as well as the rules and regulations of the Kansas Corporation Commission or any other local, state or federal agency having jurisdiction over the parties.
L. Following completion of permitted work for new construction, the permittee shall keep, maintain and provide to the City accurate records and as-built drawings, drawn to scale and certified to the City as accurately depicting the location of all utility facilities constructed pursuant to the permit. When available to the permittee, maps and drawings provided will be submitted in AUTOCAD.DXF or AUTOCAD.DWG automated formats if available, or other electronic format acceptable to the City, or in hard copy otherwise. The Public Works Director may waive this requirement. Such information shall be subject in all respects and shall have the benefit of protection as set forth in the "Mapping Requirements of Service Provider" contained herein.
M. The City may use the as-built records of the service provider's facilities in connection with public improvements.
13-521. RIGHT-OF-WAY REPAIR AND RESTORATION. A. The work to be done under the Right-of-Way Permit and the repair and restoration of the Public Right-of-Way as required herein must be completed within the dates as specified in the permit. However, in the event of circumstances beyond the control of the permittee or when work was prohibited by unseasonable or unreasonable conditions, the Public Works Director may extend the date for completion of the project upon receipt of a supplementary application for a permit extension.
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B. All earth, materials, sidewalks, paving, crossing, utilities, public improvement or improvements of any kind damaged or removed by the permittee shall be fully repaired or replaced promptly by the permittee at its sole expense and the reasonable satisfaction of the City. The Public Works Director has the authority to inspect the repair or replacement of the damage, and if necessary, to require the permittee to do the additional necessary work. Notice of the unsatisfactory restoration and the deficiencies found will be provided to the permittee and a reasonable time not to exceed fifteen (15) days will be provided to allow for the deficiencies to be corrected.
C. After any excavation, the permittee shall, at its expense, restore all portions of the Public Right-of-Way to the same condition or better condition than it was prior to the excavation thereof.
D. In addition to repairing its own street cuts, the permittee must restore any area within five (5) feet of the new street cut that has previously been excavated, including the paving and its aggregate foundations.
E. If the permittee fails to restore the Public Right-of-Way in the manner and to the condition required by the Public Works Director, or fails to satisfactorily and timely complete all restoration the City may, at its option, serve written notice upon the permittee and its surety that, unless within five (5) days after serving of such notice, a satisfactory arrangement can be made for the proper restoration of the Public Right-of-Way, the City shall immediately serve notice of failure to comply upon the surety and the permittee, and the surety shall have the right to take over and complete the work; provided, however, that if the surety does not commence performance thereof within ten (10) days from the date of notice, the City may take over the work and prosecute same to completion, by contract or otherwise at the expense of the permittee, and the permittee and its surety shall be liable to the City for any and all excess cost assumed by the City by reason of such prosecution and completion.
F. The permittee responsible for the excavation that leaves any debris in the Public Right-of-Way shall be responsible for providing safety protection in accordance with the latest edition of the Manual of Uniform Traffic Control Devices and any applicable federal or state requirement.
G. If an excavation cannot be back-filled immediately and left unattended, the permittee shall securely and adequately cover the unfilled excavation. The permittee has sole responsibility for maintaining proper barricades, safety fencing and/or lights as required, from the time of the opening of the excavation until the excavation is surfaced and opened for travel.
H. In restoring the Public Right-of-Way, the permittee guarantees its work and shall maintain it for twenty-four (24) months following its completion. During the twenty-four (24) months the permittee shall, upon notification from the Public Works Director, correct all restoration work to the extent necessary, using any method as required by the public works director. Said work shall be completed within a reasonable time, not to exceed thirty (30)
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calendar days, of the receipt of notice from the Public Works Director (not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable). In the event the permittee is required to perform new restoration pursuant to the foregoing guarantee, the public works director shall have the authority to extend the guarantee period for such new restoration for up to an additional twenty-four (24) months from the date of the new restoration, if the Public Works Director determines any overt action by the permittee not to comply with the conditions of the Right- of-Way Permit and any restoration requirements.
I. The twenty-four (24) month guarantee period shall be applicable to failure of the pavement surface as well as failure below the pavement surface.
J. Payment of an excavation fee shall not relieve the permittee of the obligation to complete the necessary Public Right-of-Way restoration.
13-522. JOINT APPLICATIONS. A. Applicants may apply jointly for permits to excavate the Public Right-of- Way at the same time and place.
B. Applicants who apply jointly for a Right-of-Way Permit may share in the payment of the permit fee. Applicants must agree among themselves as to the portion each shall pay.
13-523. SUPPLEMENTARY APPLICATIONS. A. A Right-of-Way Permit shall only be valid for the area of the Public Right- of-Way specified within the permit. No permittee may cause any work to be done outside the area specified in the permit, except as provided herein. Any permittee who determines that an area greater than that which is specified in the permit must be excavated must do the following prior to the commencement of work in that greater area: 1. make application for a permit extension and pay any additional fees required thereby; and 2. receive a new Right-of-Way Permit or permit extension.
B. A Right-of-Way Permit shall be valid only for the dates specified in the permit. No permittee may commence work before the permit start date or, except as provided herein, may continue working after the end date. If a permittee does not complete the work by the permit end date, the permittee must apply for and receive a new Right-of-Way Permit or a permit extension for additional time. This supplementary application must be submitted to the City prior to the permit end date.
13-524. OTHER OBLIGATIONS. A. Obtaining a Right-of-Way Permit under this article shall not relieve the permittee of its duty to obtain any necessary permit, license, certification, grant, registration, franchise agreement, small cell facility deployment agreement, video service provider agreement, or any other authorization required by any appropriate governmental entity, including, but not limited to the City, the FCC or the KCC, and to pay any fees required by any other
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City, County, State, or Federal rules, laws, or regulations. A permittee shall perform all work in full accord with any and all applicable engineering codes adopted or approved by the parties and in accordance with applicable statutes of the State of Kansas, and the rules and regulations of the KCC or any other local, state or federal agency having jurisdiction over the parties. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations and shall be responsible for all work done in the Public Right-of-Way pursuant to its permit, regardless by whom the work is done by.
B. Except in cases of an emergency or with approval of the Public Works Director, no Public Right-of-Way work may be done when conditions are unreasonable for such work.
C. A permittee shall not disrupt a Public Right-of-Way such that the natural free and clear passage of water through the gutters or other waterways is interfered with. Private vehicles may not be parked within or next to the permit area.
13-525. DENIAL OF PERMIT. A. The Public Works Director may deny a permit or prohibit the use or occupancy of a specific portion of the Public Right-of-Way to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the Public Right-of-Way, or when necessary to protect the Public Right-of-Way and its users. The Public Works Director, at his or her discretion, may consider all relevant factors including but not limited to: 1. The extent to which the Public Right-of-Way space where the permit is sought is available; 2. The competing demands for the particular space in the Public Right- of-Way; 3. The availability of other locations in the Public Right-of-Way or in other Public Right-of-Way for the facilities of the applicant; 4. The applicability of any ordinance or other regulations, including City zoning regulations, that affect location or other standards for facilities in the Public Right-of-Way; 5. The degree of compliance of the applicant with the terms and conditions of its franchise, its small cell facility deployment agreement, its video service provider agreement, this article, and other applicable ordinances and regulations; 6. The degree of disruption to surrounding communities and businesses that will result from the use of that part of the Public Right-of-Way; 7. The balancing of costs of disruption to the public and damage to the Public Right-of-Way, against the benefits to that part of the public served by the construction in the Public Right-of-Way; 8. Whether the applicant maintains a current registration with the City. 9. Whether the issuance of a Right-of-Way Permit for the particular dates and/or time requested would cause a conflict or interferes with an exhibition, celebration, festival, or any other event. In exercising this discretion, the Public Works Director shall be guided
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by the safety and convenience of anticipated travel of the public over the Public Right-of-Way. 10. Whether the application complies with the Manual of Infrastructure Standards. 11. The adverse impact of the facilities or the facilities' proposed location on any reasonable public interest necessitated by public health, safety, or welfare.
B. Notwithstanding the above provisions, the Public Works Director may in his or her discretion issue a Right-of-Way Permit in any case where the permit is necessary to: 1. Prevent substantial economic hardship to a user of the applicant's service; 2. Allow such user to materially improve the service provided by the applicant.
C. Any denial of a wireless communications facility, antenna, tower, or related facilities shall, in accordance with federal and state law, and Chapter 19.33 of the City Zoning Regulations, be made in writing and supported by substantial evidence contained in a written record issued contemporaneously with said decision.
13-526. REVOCATION OF PERMIT. A. Permittees hold Right-of-Way Permits issued pursuant to this Article as a privilege and not as a right. The City reserves its right, as provided herein, to revoke any Right-of-Way Permits, without refund of the permit fee, in the event of a substantial breach of the terms and conditions of any law or the Right-of-Way Permit. A substantial breach shall include, but not be limited to the following: 1. The violation of any material provision of the Right-of-Way Permit; 2. An evasion or attempt to evade any material provision of the Right- of-Way Permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens: 3. Any material misrepresentation of any fact in the permit application; 4. The failure to maintain the required bond or insurance; 5. The failure to complete the work in a timely manner; 6. The failure to correct a condition indicated on an order issued pursuant to this Article; 7. The failure to hold any required Special Use Permit or Conditional Use Permit; 8 Repeated traffic control violations; or 9. Failure to repair facilities damaged in the Public Right-of-Way.
B. If the Public Works Director determines that the permittee has committed a substantial breach of any law or condition placed on the Right-of-Way Permit, the Public Works Director shall make a written demand upon the permittee to remedy such violation. The demand shall state that the continued violation may be cause for revocation of the permit, or legal action if applicable. Further, a substantial breach, as stated above, will allow the public works director, at his or her discretion, to place additional or revised conditions on the Right-of-Way Permit, specifically related to the
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manner in which the breach is cured by the permittee. Within five (5) calendar days of receiving notification of the breach, permittee shall contact the public works director with a plan, acceptable to the Public Works Director, for correction of the breach. Permittee's failure to contact the Public Works Director, permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan shall be cause for immediate revocation of the Right-of-Way Permit.
C. If a Right-of-Way Permit is revoked, the permittee shall also reimburse the City for the City's reasonable costs, including administrative costs, restoration costs and the costs of collection and reasonable attorney's fees incurred in connection with such revocation.
13-527. WORK REQUIREMENTS AND INSPECTIONS. A. Any excavation, back filling, repair and restoration, and all other work performed in the Public Right-of-Way shall be done in conformance with the City's Manual of Infrastructure Standards as promulgated by the Public Works Director.
B. The permittee shall employ a testing laboratory as approved by the Public Works Director, which shall certify the proper back-filling on any street cut. The permittee shall pay all costs associated with such testing. This provision shall be waived when flowable fill is used as backfill or with the permission of the Public Works Director.
C. The permittee shall notify the office of the Public Works Director upon completion of the authorized work permit.
D. The permittee will notify the public works director to schedule an inspection at the start of back-filling. Upon completion of all Public Right-of-Way restoration activities, the permittee will schedule a closeout inspection.
E. When any corrective actions required have been completed and inspected to the Public Works Director's satisfaction, the two (2)-year maintenance period will begin.
F. In addition to the required scheduled inspections, the Public Works Director may choose to inspect the ongoing permitted work in the Public Right-of- Way at any time to ensure that all requirements of the approved permit are being met by the permittee.
G. At the time of any inspection, the Public Works Director may order the immediate cessation of any work, which poses a serious threat to the life, health, safety, or well-being of the public. The Public Works Director may issue a citation to the permittee for any work, which does not conform, to the applicable standards, conditions, code or terms of the permit. The citation shall state that failure to correct the violation will be cause for revocation of the permit.
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13-528. APPEALS PROCESS. A. Whenever a person shall deem themselves aggrieved by any decision or action taken by the Public Works Director, the person may file an appeal to the Governing Body within ten (10) calendar days of the date of notice of such decision or action.
B. The persons shall be afforded a hearing on the matter before the Governing Body within thirty (30) days of filing the appeal.
C. In cases of applicability or interpretation of the rules, the Governing Body may revoke such decision or action taken by the Public Works Director.
D. In cases where compliance with such decision or action taken by the Public Works Director would cause undue hardship, the Governing Body may extend the time limit of such decision or action, or may grant exceptions to, or waive requirements of, or grant a variance from the specific provisions of rules. The Governing Body shall give due consideration to the purposes of the rules in preserving public safety and convenience, integrity of public infrastructure, and the operational safety and function of the Public Right- of-Way.
E. Pending a decision by the Governing Body, the order of the Public Works Director shall be stayed, unless the public works director determines that such action will pose a threat to public safety or the integrity of the public infrastructure.
F. If a person still deems themselves aggrieved after the appeal to the Governing Body, such person shall have thirty (30) days after the effective date of the Governing Body's final decision to institute an action in the District Court of Johnson County, Kansas.
G. Notwithstanding the foregoing, this section shall not apply to any person who is availing themselves of the appeal provisions set forth in K.S.A. 66- 2019(h)(6), as amended, or Chapter 19.33 of the City Zoning Regulations, as amended, or in Federal Communications Commission (FCC) Declaratory Ruling dated September 27, 2018, in WT Docket Nos. 17-79 and 17-84 (FCC 18-133, 33 FCC Rcd 9088), to the extent such FCC Declaratory Ruling applies and/or is in effect.
13-529. INDEMNIFICATION. A. A Row-user shall indemnify and hold the City and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorneys' fees and costs of defense), proceedings, actions demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury (including death), property damage or other harm for which recovery of damages is sought, to the extent that it is found by a court of competent jurisdiction to be caused by the negligence of the ROW-user, any agent, officer, director, or their respective officers, agents, employees, directors or representatives, while installing repairing or maintaining facilities in a public right-of-ay. Nothing herein shall be deemed to prevent the City, or any
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agent from participating in the defense of any litigation by their own counsel at their own expense. Such participation shall not under any circumstances relieve the ROW-user from its duty to defend against liability or its duty to pay and judgment entered against the City, or its agents.
B. If a ROW-user and the City are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state without, however, waiving any governmental immunity available to the City under state or federal law. This section is solely for the benefit of the City and ROW-user and does not create or grant any rights, contractual or otherwise, to any other person or entity.
13-530. FORCE MAJEURE. Each and every provision hereof shall be subject to acts of God, fires, strikes, riots, floods, war and other circumstances beyond the ROW- user's or the City's control.
13-531. FEDERAL, STATE AND CITY JURISDICTION. A. This article shall be construed in a manner consistent with all applicable federal, state, and local laws. Notwithstanding any other provisions of this article to the contrary, the construction, operation and maintenance of the ROW-user's facilities shall be in accordance with all laws and regulations of the United States, the state and any political subdivision thereof, or any administrative agency thereof, having jurisdiction.
B. In addition, the ROW-user shall meet or exceed the most stringent technical standards set by regulatory bodies, including the City, now or hereafter having jurisdiction. In the event of duplications or conflicts between the provisions of this Ordinance and Chapter 19.33 of the Zoning Regulations (as to any Wireless Facilities, as that term is defined therein), the City shall have the right to impose and enforce among the various duplications or conflicts such requirements and standards as will best protect the public health, safety, and welfare, provided that the City enforce such requirements in a competitively neutral manner.
C. The ROW-user's rights are subject to the police powers of the City to adopt and enforce ordinances necessary to the health, safety, and welfare of the public. The ROW-user shall comply with all applicable laws and ordinances enacted pursuant to that power. Finally, failure of the ROW-user to comply with any applicable law or regulation may result in a forfeiture of any permit, registration or authorization granted in accordance with this article.
13-532. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this article is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof.
13-533. CITY'S FAILURE TO ENFORCE. The City's failure to enforce or remedy any noncompliance of the terms and conditions of this article or of any permit granted hereunder shall not constitute a waiver of the City's rights nor a waiver of any person's obligation as herein provided.
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13-534. PENALTIES. A. Any person of entity violating any provision violation of this Article is guilty of a public offense, and upon conviction thereof shall be fined in a sum of not less than two hundred dollars ($200) nor more than five hundred dollars ($500). Every day that this article is violated shall constitute a separate offense.
B. The violation of any provision of this article is hereby deemed to be grounds for revocation of the permit and registration to operate with the City.
C. The City shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this article. In addition to any other remedies, the City Attorney may institute injunction, mandamus or other appropriate action or proceeding to prevent violation of this Article.
13-535. RESERVATION OF RIGHTS. A. In addition to any rights specifically reserved to the City by this Article, the City reserves unto itself every right and power which is required to be reserved by a provision of any ordinance under any registration, permit or other authorization granted under this article. The City shall have the right to waive any provision of this Article or any registration, permit or other authorization granted thereunder, except those required by federal or state law, if the City determines as follows: 1. that it is in the public interest to do so; and 2. that the enforcement of such provision will impose an undue hardship on the person. To be effective, such waiver shall be evidenced by a statement in writing signed by a duly authorized representative of the City. Further, the City hereby reserves to itself the right to intervene in any suit, action or proceeding involving the provisions herein.
B. Notwithstanding anything to the contrary set forth herein, the provisions of this Article shall not infringe upon the rights of any person pursuant to any applicable state or federal statutes, including, but not limited to the right to occupy the Public Right-of-Way.
13-536 DESIGN REQUIREMENTS. A. All newly-constructed facilities shall be located underground. The ROW- user shall comply with all requirements of the City relating to underground facilities. This requirement may be waived by the Public Works Director as provided in Section 13-510 above.
B. Any permitted above-ground facilities shall comply with the Manual of Infrastructure Standards and all applicable zoning regulations, including but not limited to design, size, height, setbacks, screening and landscaping, and illumination, and be located in a manner that does not compromise the public health, safety, or welfare.
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C. Height. Notwithstanding the foregoing or anything in this Chapter to the contrary, the height of a facility will not exceed, or cause any existing facility to exceed, the lesser of: 1. thirty-five (35) feet for residential or collector streets or forty-five (45) feet for arterial streets; and 2. sixty-six (66) inches above the height of existing street light poles along the Public Right-of-Way surrounding the facility.
D. Location. The applicant shall work with the Public Works Director to determine the appropriate pad size, equipment size, and location for facilities that is most compatible to the streetscape and abutting property. If the Public Works Director waives the requirement for underground facilities, then preferred locations for equipment and facilities are, in order of priority or preference: 1. Incorporated into the base of the pole structure, using City-standard or City-approved pole structure and detail; 2. Located at the extreme edge of the Public Right-of-Way at the farthest location from a street or sidewalk and at the least visible portion of abutting property. (e.g., the rear boundary line of two lots abutting the Public Right-of-Way); 3. Located immediately abutting the pole, and designed with a color that either blends with the pole structure or masks the box or equipment in relation to other background colors, provided the box or equipment is less than two (2) square feet in footprint area and less than three (3) feet tall in height, as measured from the ground; 4. Any other location should be integrated into the existing streetscape design standards (i.e., no special facilities are needed to screen the box or equipment and it can be screened by arrangement of landscape, streetscape structures and monuments or other elements of the existing streetscape).
E. Spacing. Any above ground facilities, utility boxes, or accessory equipment shall also be controlled by the following additional spacing, separation and location requirements: 1. No closer than 200 feet from any other similar facility or equipment. Clusters of more than one facility, box, or other equipment can be approved provided they are either (a) in a common underground vault; or (b) in a group location mid-block that is located and screened in a manner that equally or better meets the above preferred locations for individual facilities, boxes, or equipment. Any group location shall require special review as a large or clustered equipment as provided below. 2. No obstruction of any clear zone or site triangle. 3. No negative impact on existing or future street trees and sidewalks. The location of street trees and sidewalks shall take priority over the location of facilities, boxes, pads, and equipment. Existing trees and sidewalks shall not be damaged or removed due to placement, construction or maintenance of facilities, boxes, pads, or equipment, and the placement, construction or maintenance of facilities, boxes, pads, and equipment shall not be used as a reason
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for the City to not put any future street, tree, sidewalk, or other improvement in any location in accordance with City plans. 4. No newly-constructed above-ground facilities shall be located directly in front of any single-family home (or in front of where a single-family home could be constructed, in the case of a vacant lot), provided that if the Public Works Director deems it necessary or appropriate, such facilities may be located in the front yard, at or along the property line between two adjacent properties.
F. Screening. Any above ground facilities, utility boxes, or accessory equipment receiving a waiver from the Public Works Director shall have a landscape and screening plan that minimizes the visibility of the facility, box, or equipment. The following techniques shall be used in order of priority, and may be used in combination to produce the best result: 1. Integrated into any fence or walls at the abutting property line, using the same materials of the fence or wall, provide it creates a full screen. 3. Screened with an evergreen screen at least as tall as the facility, box, or equipment. 4. Use colors that match any predominant backdrop of the facility, box, or equipment.
G. Large Utility Boxes or Accessory Equipment. Utility boxes, facilities, or Accessory Equipment (as defined in Chapter 19.33 of the City Zoning Regulations) that have a footprint larger than twelve (12) square feet in area, a pad greater than 2.5 times the area of the utility box footprint or greater than thirty-two (32) square feet; or have a height of more than fifty- six (56) inches, shall require the issuance of a Conditional Use Permit, as provided in Chapter 19.30 of the City Zoning Regulations.
H. Public Streetscape Plans. Any corridor where the City has invested in a specific streetscape plan where planting, street trees, sidewalks, monuments, street lights or other valuable public realm design features have been planned and/or constructed with consideration of planning and design details considered at a block-by-block scale, shall require separate review and approval by the Governing Body (following review and recommendation by the Planning Commission) before any facility or equipment may be located within that corridor or street section, regardless of the above criteria, except to the extent approval by Staff is authorized as to certain Wireless Facilities under Chapter 19.33 of the City Zoning Regulations.
Section 2. Sections 13-501 through 13-536, inclusive, of the Prairie Village Municipal Code, in existence as of and prior to the adoption of this ordinance, are hereby repealed.
Section 3. This ordinance shall take effect and be enforced from and after its passage, approval, and publication as provided by law.
PASSED by the City Council of the City of Prairie Village, Kansas on ______, 2020.
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APPROVED by the Mayor on ______, 2020.
CITY OF PRAIRIE VILLAGE, KANSAS
Eric Mikkelson, Mayor
ATTEST:
Adam Geffert, City Clerk
APPROVED AS TO LEGAL FORM:
David E. Waters, City Attorney
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CITY CLERK DEPARTMENT
Council Meeting Date: November 16, 2020
COU2020-56 Amendments to City Fee Schedule
RECOMMENDATION:
RECOMMEND THE CITY COUNCIL APPROVE RESOLUTION NO. 2020-07 UPDATING CERTAIN WIRELESS PROVIDER SMALL CELL DEPLOYMENT FEES.
BACKGROUND:
In 2018, the City adopted certain fees related to small cell wireless franchises and pole attachments, as the City had been approached from wireless services providers and wireless infrastructure providers desiring to use city right-of-way and city facilities (utility poles) as allowed under K.S.A. 60-2019 (the 2016 wireless siting act). Information on franchise fees and pole attachment fees was presented from area cities, and the City adopted the following franchise fees for wireless services providers and wireless infrastructure providers:
. Franchise Fee (Wireless Infrastructure Provider): Five percent (5.00%) of gross receipts.
. Franchise Fee (Wireless Services Provider): $25.00 per pole/antenna on an annual basis.
. Pole Attachment Fee: $45.00 per pole/antenna per month.
In an additional effort to limit municipal fees, in 2019 the wireless industry pushed the Kansas Legislature to pass legislation that prohibits cities from requiring franchise agreements or requiring franchise fees from wireless services providers. Now, Kansas cities may govern the use of the public right-of-way by a wireless services provider or a wireless infrastructure provider "by requiring a small cell facility deployment agreement or a master license agreement." K.S.A. 12-2001(t)(1)(A).
As part of a "small cell facility deployment agreement", the City may only assess wireless service providers and wireless infrastructure providers with a "fixed right-of-way access fee" for each small cell facility that requires use of the city's public right-of-way, "but such fee shall not be based on such provider's gross receipts derived from services provided within the city's corporate limits." K.S.A. 12-2001(t)(1)(C).
Furthermore, any fees charged by the City need to comply with certain new fee limitations promulgated by a 2018 Order of the FCC titled "Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment; Declaratory Ruling and Third Report and Order". The FCC ordered that fees are limited to a "reasonable approximation" of the City's costs for processing applications and for managing deployments in the public right-of-way, and that such fees must be non-discriminatory. Fees include "event" or "one-time" fees (such as application fees), fees or "rent" for access to the public right-of-way, and fees or rent for location on City-owned facilities, such as street lights. Fees that do not meet these standards may be
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deemed of having "the effect of prohibiting wireless telecommunications services" if they materially inhibit the provision of such services (in violation of Federal law).
The FCC did establish certain "safe harbors" within which the FCC will presume that fees being charged are not prohibited:
. $500 for a single, up-front application that includes up to five (5) small wireless facilities, with an additional $100 for each small wireless facility beyond five; and
. $270 per small wireless facility per year for all recurring fees, "including any possible ROW access fee or fee for attachment to municipally-owned structures in the ROW".
Certain of the wireless fees on the City's current fee schedule exceed these safe harbors.
There have been legal challenges to the 2018 FCC Order, which have not been finalized. In discussions with providers and other Johnson County city attorneys, at least two providers have agreed to language moving forward that accommodates certain of the cities' higher fees, but allows the providers to pay only the "safe harbor" fees until such time as these challenges are completed. The attached resolution accounts for this with the following wording:
*The FCC issued a Declaratory Ruling on September 27, 2018, in WT Docket Nos. 17-79 and 17- 84 (FCC 18-133, 33 FCC Rc'd 9088) ("FCC Ruling") in which the FCC seeks to limit attachment, franchise and/or other small cell ROW access fees to the "reasonable approximation" of a local jurisdiction's cost for processing applications and managing deployment in the right-of-way, but then also establishes a "safe harbor" annual fee of $270/site ($22.50 per month). The City disputes the FCC's authority to establish such fee limitations and notes several jurisdictions have filed legal challenges to the FCC Ruling. Given this status, until and unless a court of competent jurisdiction issues a final, non-appealable order vacating the FCC Ruling or its fee limitations, a provider may opt to pay the City only $270 per year, per site ($22.50 per month) towards these fees marked with this asterisk (*), provided it first agrees in writing that, in the event the FCC Ruling or its fee limitations are vacated without any further appeal, the provider shall pay any outstanding balance for said fees within 60 days thereof.
At this time, there are no small cell applications pending with the City. The attached fee schedule is substantially the same as that being put forth in the City of Overland Park, Kansas.
ATTACHMENTS
Resolution No. 2020-07
PREPARED BY David E. Waters City Attorney
Date: November 2, 2020
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RESOLUTION NO. 2020-07
A RESOLUTION ESTABLISHING FEES FOR THE LOCATION OF SMALL CELL FACILITIES IN THE CITY'S RIGHT-OF-WAY; FOR ATTACHMENT OF SMALL CELL FACILITIES TO THE CITY'S STREETLIGHTS; REPEALING, IN PART, PREVIOUS COUNCIL ACTIONS OR RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING FOR FUTURE ADOPTION AND AMENDMENT AS PART OF THE CITY'S STANDARD FEE SCHEDULE.
WHEREAS, K.S.A. 12-2001(t) allows a city to assess a wireless services provider or infrastructure provider (each hereafter referred to as a "provider") a fixed right-of-way access fee for each small cell facility that the provider deploys that requires the use of the City's public right-of-way (provided such fee is not based upon the provider's gross receipts); and
WHEREAS, the City has entered into agreements with providers to allow the deployment of small cell facilities in the City's public right-of-way; and
WHEREAS, the City has also entered into agreements with providers to allow the attachment of small cell facilities on city streetlights in the right-of-way in exchange for an annual attachment or license fee, provided such use does not interfere with the City's intended use of the streetlight or create any other public health, safety or welfare concern; and
WHEREAS, while the City is not required to make available the use of its streetlights to other entities, the City is willing to consider doing so when the use by such other entities does not interfere with the City's intended use of the facilities or create any other public health, safety or welfare concern.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF PRAIRIE VILLAGE, KANSAS:
Section 1. The following small cell facility right-of-way access fees and City facility (pole/streetlight) attachment fees and charges are established based on the descriptions listed below. These fees/charges shall be administered in a competitively neutral and non- discriminatory manner.
Small Cell Facility Right-of-Way Access and Streetlight Attachments
Fee Category Type of Fee Fee Amount
ROW Access for Annual ROW Access Fee $25.00/site small cell facility on (Any per site franchise fee payment made pursuant an existing structure to a wireless franchise shall satisfy payment of this (i.e., existing utility pole) fee)
Non-Recurring Fees
● ROW Permit Application Fee An amount equal to the fee for a ROW Permit as set by separate City resolution/adopted fee schedule (To reimburse the City for costs incurred for review of the permit application and site design approval)
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ROW Access for Annual ROW Access and New Monopole $565.00/site* Small Cell Facility on Fee (Includes $25.00 Annual ROW Access Fee and a New Pole/Monopole $540.00 license fee for new monopole in ROW)
Non-Recurring Fees
● ROW Permit Application Fee An amount equal to the fee for a ROW Permit as set by separate City resolution/adopted fee schedule (To reimburse the City for costs incurred for review of the permit application and site design approval)
● Small Cell Application Fee/Supplement $500.00 Application Fee (single, up-front application for up to 5 small wireless Per K.S.A. 66-2019 facilities) $100.00 (for each small wireless facility beyond five in a single application)
Attachment of Small Annual ROW Access and Streetlight $565.00/site* Cell Facility to Attachment Fee (Includes $25.00 Annual ROW Access Fee and Existing or (Does not include use of City electricity - $540.00 Streetlight Attachment Fee) Replacement City provider must obtain its own electricity) Streetlight or Utility Pole
Non-Recurring Fees
● ROW Permit Application Fee An amount equal to the fee for a ROW Permit as set by separate City resolution/adopted fee schedule (To reimburse the City for costs incurred for review of the permit application and site design approval)
● Small Cell Application Fee/Supplement $500.00 Application Fee (single, up-front application for up to 5 small wireless Per K.S.A. 66-2019 facilities) $100.00 (for each small wireless facility beyond five in a single application)
● Make-Ready Work Costs The amount of the costs of all actual work done or contracted for by the City for any make-ready or other work done to accommodate permittee's small cell facility (Includes reasonable material, labor, engineering and administrative and overhead costs)
● Inspection Fee The amount of the costs of all actual work done or contracted for by the City for any necessary inspections (Includes reasonable material, labor, engineering and administrative and overhead costs)
● Unauthorized Attachment Penalty Fee Three times (3x) Annual ROW Access and Streetlight Attachment Fee per occurrence
● Failure to Timely Transfer, Abandon or ● 1/5 Annual ROW Access and Streetlight
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Remove Facilities Penalty Attachment Fee amount per day, per site during the first 30 days ● The Annual ROW Access and Streetlight Attachment Fee amount per day, per site during second 30 days and thereafter *The FCC issued a Declaratory Ruling on September 27, 2018, in WT Docket Nos. 17-79 and 17-84 (FCC 18-133, 33 FCC Rc'd 9088) ("FCC Ruling") in which the FCC seeks to limit attachment, franchise and/or other small cell ROW access fees to the "reasonable approximation" of a local jurisdiction's cost for processing applications and managing deployment in the right-of-way, but then also establishes a "safe harbor" annual fee of $270/site ($22.50 per month). The City disputes the FCC's authority to establish such fee limitations and notes several jurisdictions have filed legal challenges to the FCC Ruling. Given this status, until and unless a court of competent jurisdiction issues a final, non-appealable order vacating the FCC Ruling or its fee limitations, a provider may opt to pay the City only $270 per year, per site ($22.50 per month) towards these fees marked with this asterisk (*), provided it first agrees in writing that, in the event the FCC Ruling or its fee limitations are vacated without any further appeal, the provider shall pay any outstanding balance for said fees within 60 days thereof.
Section 2. In lieu of payment of some or all of the above-established streetlight attachment or conduit fees/charges, and to the extent allowed by applicable law, the City may agree to accept in-kind consideration to be valued as at least roughly comparable to said fees/charges.
Section 3. Nothing in this Resolution shall obligate the City to allow the use of any specific City streetlight, pole, or facility by any entity. Each attachment and installation must be specifically approved by the City's Public Works Director (or designee), and must meet all design, installation and maintenance criteria established by the City. Payment of the above- cited fees/charges shall not exempt any entity from any applicable federal, state or local franchise, zoning, building code, permit or other requirements, ordinances or regulations, including, but not limited to, the City's Right-of-Way Ordinance, the City's building and electrical codes, and the City's Zoning and Subdivision Regulations. Further, no acceptance by the City of any fee shall be construed as an accord that the amount paid is in fact the correct amount, nor shall the acceptance of any payment be construed as a release of any claim of the City.
Section 4. To the extent inconsistent herewith, previous actions of the Governing Body (whether by resolution, Council action, or otherwise) are hereby rescinded. Provided, however, its provisions shall survive solely for the purposes of the collection of any outstanding fees due thereunder. The provisions of this Resolution may be incorporated into the City's "Prairie Village Fee Schedule", as amended from time to time, and to the extent such fee schedule may be adopted, modified, amended, or revised, the terms of this Resolution shall be deemed modified, amended, or revised without further action by the Governing Body as to this specific Resolution.
Section 5. This Resolution shall take effect on ______, 2020.
ADOPTED by the City Council of the City of Prairie Village, Kansas on ______, 2020, and APPROVED by the Mayor on ______, 2020.
CITY OF PRAIRIE VILLAGE, KANSAS
Eric Mikkelson, Mayor
ATTEST:
Adam Geffert, City Clerk
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Due to COVID-19 restrictions, most meetings will be held virtually. Please continue to check http://pvkansas.com for access details.
MAYOR’S ANNOUNCEMENTS Monday, November 16, 2020
Arts Council 11/18/2020 5:30 p.m. Parks and Recreation 11/18/2020 5:30 p.m. Environmental Committee 11/25/2020 5:30 p.m. Thanksgiving Holiday – City Offices Closed 11/26/2020 – 11/27/2020 City Council Work Session 11/30/2020 6:00 p.m. Planning Commission 12/01/2020 7:00 p.m. Tree Board 12/02/2020 6:00 p.m. City Council 12/07/2020 6:00 p.m. Arts Council 12/09/2020 5:30 p.m. ======
l/agen-min/word/ANNOUNCE.doc 11/09/20 11:36 AM
INFORMATIONAL ITEMS November 16, 2020
1. Tree Board minutes – September 2, 2020 2. Planning Commission minutes – October 6, 2020 3. Small Business Saturday proclamation
Minutes Approved 11/04/2020
TREE BOARD City of Prairie Village, Kansas Minutes Wednesday – September 2, 2020 6:00 PM Meeting ZOOM Video Conference Meeting
Present: Board Members: Chad Herring, Deborah Nixon, Deborah Brown, Frank Riott, Mark Morgan, Kevin Dunn, Connie Link McKenzie, Kim Biagioli. Other Attendees: Beth Held, James Carney, Bridget Tolle
1) Review and approve minutes from August 5, 2020 meeting A motion was made and seconded to approve the minutes as written then approved by all on the board.
2) Fall Tree Planting Project Frank – Mark had an email with a suggestion. There was discussion about the oaks being taken down on Roe between 69th and 71st street and additionally between 66th street and 69th at the park on Roe. Frank asked Bridget if the city planned to replace these trees. Bridget said yes. For Fall Tree planting we should stay away from oaks, looking at other species.
Mark also mentioned an area in Prairie Fields. 79th to Tomahawk….. 79 – 83rd five or six seven streets. 15 trees could easily be accomplished. The HOA was enthusiastic. Last suggestion near State Line. Frank asked what is the due date on our decision? It would be good to have a decision today so Sarah could work on some of the background and leg work on this. Plant in the first couple of weeks of November – safe before November 15. Chad commented on a couple of recommendations. Possible 71st for us to look around the 2000 block of Belinder. Bridget did check this location and there are about 5 possible spots. We would have to have home owner buy-in.
Kevin to Bridget - Can we plant the 15 trees in two or more different areas? Bridget - - what Heartland Tree alliance is up for…. Sarah said can do 2 different locations. Frank ½ on Roe and ½ on 71st street and Frank would communicate that to Sarah to see if she is open to that. If not - - -go back to the suggestion that Mark had to go back to the area that we planted last year. Frank – likes the options. Likes the idea of finishing Roe due to the travel it gets and enhances the character of Roe. Put something in there that would augment the Oaks. James commented that he would not like to stay on Roe because it IS busy.
Frank will invite those who might want to join in with Heartland on the planting via email for planting in October.
3) Summary of Frank Riott’s tree protection presentation to City Council (CC) on 8/17/2020. Kevin asked if anything to add to this. The minutes and the PPT speak for themselves.
Minutes Approved 11/04/2020
According to Chad, the CC received very positively. Yes to looking into future consideration on the policy and would invite us back. From Frank to Chad what does that mean? Prepare for a second go around to move this forward. Chad said the presentation was well done. Now in administration plans. Some CC approval then a possible legal review of code, pitfalls. CC has now authorized that. Chad says let the staff put into more formal consideration of the ordinance language so that they are comfortable with. Wes Jordan, city attorney, members of public works staff. No timing known on this. Bridget referred to a conference call with Gould Evans* helping to develop some language and going over some possible issues.
Village vision 2.0 should we be involved in this next week? Village Vision updating with the help of Gould Evans and the planning commission. It’s a comprehensive plan. It involves a great deal of detail. If a board member would like to be present Deb Nixon will get the details on how to attend. It is on the City Face Book page.
4) Action Plans from Student Poster Contest committee and Board Member/Student Education committee. Deb Brown and Kim Biagioli had prepared just some background notes and emailed those out but. James said this was too close to the Tree Board meeting and that this discussion should be tabled for the next board meeting in November. Kim and Deb said that the docs were merely to provide reference as they talked about their action plans but it is evident that the Board needed to norm on this. Deb Brown did mention that with the current remote schools that material should be sent out to 5th grade teachers sooner than later. Chad explained protocol for City Council and that we should follow the same when sending out our packets, i.e., try get packets emailed out about a week before the meeting is scheduled.
5) Tree Recommendations committee update Connie, Deb Nixon and Kevin have been talking about the current list for city street trees and having separate tree lists for homeowners and arboretum trees. Connie, Deb Nixon were asked if we have one. Only current list (Deb Nixon) the recommended right of way trees. One for arboretum and one for city home owners are needed. Looking at Michael Dirr- -fielding lots of information
6) Old Business (including September 30, 2020 fall seminar) This will be remote (on-line) and those that sign up will receive a link from Dennis Patton. If you know other people who might be interested send that on to others. Discussion on how much to pay Dennis Patton. He can’t accept payment - - can pay extension he would turn it over to Wassmer Park. Drop the fee or accept or do an honorarium. Wassmer demonstration garden has received some donations - - good way for that organization to help with plantings.
Kevin will send the fall seminar registration out to the full board as some may not have received it.
7) New Business- - Bridget received a letter concerning a sweet gum tree. The owners are requesting that this tree which is a right of way tree be removed. The citizen see the gum tree balls as a hazard. Kevin talked to Bridget and James went and saw the tree. The balls from the Sweet
Minutes Approved 11/04/2020
Gums are a hazard and they are planted all over the city. There has never been a policy for taking down a tree for what it drops. If we remove this one we may start a precedent with removing oak trees, walnut trees, etc. Deb Nixon went to see the tree noting that any tree board member should do this. That being said, sweet gums are no longer a recommended tree.
Respectfully submitted: Deb Brown
PLANNING COMMISSION MINUTES OCTOBER 6, 2020
ROLL CALL
The Planning Commission of the City of Prairie Village met in regular session on Tuesday, October 6, 2020 at 7:00 p.m. Due to the COVID-19 pandemic, Commission members attended a virtual meeting via the Zoom software platform. Vice-Chair James Breneman called the meeting to order at 7:00 p.m. with the following members present: Jonathan Birkel, Patrick Lenahan, Melissa Brown, Nancy Wallerstein, Jeffrey Valentino.
The following individuals were present via Zoom in their advisory capacity to the Planning Commission: Chris Brewster, Gould Evans; PJ Novick, Confluence; Jamie Robichaud, Deputy City Administrator; Mitch Dringman, City Building Official; Ian Graves, Council Liaison; Adam Geffert, City Clerk/Planning Commission Secretary.
APPROVAL OF MINUTES
Mrs. Wallerstein moved for the approval of the minutes of the August 4, 2020 regular Planning Commission meeting as presented. Mr. Birkel seconded the motion, which passed 6-0.
PUBLIC HEARINGS
None
NON-PUBLIC HEARINGS
PC2020-115 Site Plan Approval for Fence 7408 Ash Street Zoning: R-1B Applicant: Andrew Walker
Mr. Brewster stated that the applicant was requesting an exception to replace an existing 6’ fence that did not conform to current zoning regulations. The property sits on a corner lot that is irregularly shaped, which affects the side and rear yards on the north and west lot lines. As a result, the zoning ordinance requires the fence to be set back from the lot line on Ash Street by at least 30’, and parallel to the street at the front corner of the building. Since the building is skewed on the lot and the lot is an irregular shape, a fence extending parallel to the front building line results in the fence being 35’ from Ash Street at the corner of the building and 25.8’ from Ash Street at the side property line.
The existing and proposed fence location results in the fence encroaching 4.2’ into the required front setback and approximately 10’ in front of the adjacent house to the north on Ash Street. Mr. Brewster stated that staff recommended approval based on the unique shape of the lot and the orientation of the building.
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Andrew Walker, the homeowner and applicant, was present to speak to the Commission. He said the existing fence was in poor condition and needed to be replaced.
Mrs. Wallerstein made a motion to approve the exception to the fence standards. Mr. Lenahan seconded the motion, which passed 6-0.
PC2020-116 Site Plan Approval for Fence 8710 Alhambra Street Zoning: R-1A Applicant: Chris Thompson
Mr. Brewster stated that the applicant was requesting an exception to the fence standards to construct a 6’ decorative fence in his front yard. The property sits on a large corner lot on Alhambra Street, adjacent to and accessed from a short court also named Alhambra Street. A large portion of the street and property boundary is considered the “front” for the purpose of the yard and fence standards. The zoning ordinance only allows decorative fences in the front yard, and they are limited to 10’ from the right-of–way line and 2.5’ in height.
The proposal is to build a 6’ ornamental stone wall and wrought iron fence combination. The stone wall in some segments is 2’ high with a 4’ wrought iron fence, while other segments are just fencing. The design results in an open view to the yard and meets the ordinance standards for decorative fences to be “at least 50% open.” The fence is proposed to be 10 feet from the property line at all locations, and as such, the only exception is in regard to the height requirement. Mr. Brewster noted that staff recommended approval of the exception.
Chris Thompson, the homeowner and applicant, was present to speak to the Commission. He said that the fence would likely be set back even farther from the right-of-way line to avoid three large trees at the intersection of Alhambra Street and the court. He added that the neighboring home to the east also had a fence that surrounded the property.
Mr. Valentino made a motion to approve the exception to the fence standards. Ms. Brown seconded the motion, which 6-0.
PC2020-117 Revised Final Development Plan – Update to Single-Family Lot Types 9344 Juniper Reserve Drive, 9353 Linden Reserve Drive, 9358 Juniper Reserve Drive Zoning: MXD Applicant: Justin Duff, VanTrust Real Estate, LLC
Mr. Novick said that the applicant was requesting the reclassification of five lots in the single-family residential area of the Meadowbrook development. The lots would be converted from Manor Lots to Cottage Lots to accommodate lot line adjustments and lot mergers between adjoining lots. Cottage Lots have 5’ front yard and 0’ side yard (one side) building setbacks, whereas Manor Lots require 10’ front yard and 5’ side yard (both
2 sides) setbacks. Mr. Novick added that staff recommended approval, since the revision would not increase the density or intensity of the development, and would be consistent with the original development plan.
Justin Duff of VanTrust Real Estate was present to speak to the Commission. Mr. Breneman asked Mr. Duff why modifications were only being made to the specifically identified lots. Mr. Duff stated that homes had already been constructed on many of the other lots. Additionally, the changes resolved errors made during initial planning phase.
Mr. Valentino made a motion to approve the revised final development plan as presented. Mrs. Wallerstein seconded the motion, which passed 6-0.
PC2020-118 Site Plan Approval for Fence 7647 Fairway Street Zoning: R-1A Applicant: Patricia Phillips
Mr. Brewster stated that the applicant was requesting to replace an existing fence that did not conform to current zoning standards. The property is a corner lot on the northeast corner of 77th Street and Fairway Street, with 77th Street being the side street along the south property boundary. Houses on the opposite corners have the same configuration with side lot lines along 77th Street. In this circumstance, the zoning ordinance requires the fence to be set back from the lot line on 77th Street at least 5’.
The proposal is to build a 6’ tall wood privacy fence on the property line, rather than at the 5’ setback as required by the ordinance. The proposed location aligns with the chain link fence on the property to the east (rear), replicating the existing continuous fence line along 77th Street in the rear yards of each property. Mr. Brewster said that staff recommended approval of the fence site plan with the exception.
Patti Phillips, the homeowner and applicant, was present to speak to the Commission. No questions were asked by Commission members.
Mrs. Wallerstein made a motion to approve the exception to the fence standards. Ms. Brown seconded the motion, which passed 6-0.
OTHER BUSINESS
ADJOURNMENT
With no further business to come before the Commission, Vice-Chair James Breneman adjourned the meeting at 8:01 p.m.
James Breneman Vice-Chair
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CITY OF PRAIRIE VILLAGE Proclamation Small Business Saturday – November 28, 2020
WHEREAS, the government of Prairie Village, Kansas celebrates our local small businesses and the contributions they make to our local economy and community; according to the United States Small Business Administration, there are 30.7 million small businesses in the United States; they represent 99.7% of all firms with paid employees in the United States, and are responsible for 64.9% of net new jobs created from 2000 to 2018; and
WHEREAS, small businesses employ 47.3% of the employees in the private sector in the United States, and 62% of U.S. small businesses reported that they need to see consumer spending return to pre-COVID levels by the end of 2020 in order to stay in business; and
WHEREAS, 65% of U.S. small business owners said it would be most helpful to their business to have their “regulars” return and start making purchases again, and three- quarters of U.S. consumers are currently looking for ways to Shop Small® and support their community; and
WHEREAS, 96% of consumers who shop on Small Business Saturday agree that shopping at small, independently-owned businesses supports their commitment to making purchases that have a positive social, economic, and environmental impact and 97% of consumers who shopped on Small Business Saturday agree that small businesses are essential to their community; and
WHEREAS, 95% of consumers who shopped on Small Business Saturday reported the day makes them want to shop or eat at small, independently-owned businesses all year long, not just during the holiday season; and
WHEREAS, Prairie Village, Kansas supports our local businesses that create jobs, boost our local economy and preserve our communities; and
WHEREAS, advocacy groups, as well as public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday.
Now, therefore, I, Eric Mikkelson, Mayor of the City of Prairie Village, do hereby proclaim November 28, 2020 as Small Business Saturday in the City of Prairie Village, Kansas, and urge the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year.
______Mayor Eric Mikkelson
______Adam Geffert, City Clerk