AGENDA
CITY COUNCIL MEETING
CITY OF FAIRWAY, KANSAS Virtual Meeting Location: Zoom (Hyperlink to be provided after 5:00 p.m. on 1-11-2021) Or www.facebook.com/cityoffairway Monday, January 11, 2021 7:30 p.m.
1. Call to Order and Announcements
2. Monthly Reports of Standing Committees A. Consolidated Fire District #2 B. Administration C. Police D. Public Works E. Parks & Recreation F. Finance
3. Monthly Reports of Special Committees A. Tree Board
4. Public Comment* for Consent Agenda items only
5. Consent Agenda These items are determined to be routine enough to be acted on in a single motion; however this does not preclude discussion. If a councilmember requests, an item may be removed from the consent agenda for further consideration and separate motion. A. Approve minutes of previous regular meeting B. Approve Claims and Appropriations – Ordinance #1728 – December 2020 C. Approve Revised 2021 holiday schedule D. Approve Letter of Understanding with Johnson County Human Services for the 2021 Minor Home Rehabilitation Program E. Approve Letter of Understanding with Johnson County Human Services for the 2021 Utility Assistance Program F. Approve agreement with Johnson County Department of Technology and Innovation for 2020 Information Technology Services/Support G. Approve Cereal Malt Beverage Application for Hen House H. Approve Santa Fe Proposal for HVAC replacement at Police Station
6. New Business Public Comment* - The Mayor may open the meeting for a period of public comment at the completion of any presentation and/or Governing Body discussion regarding a specific agenda item. Public comment should be limited to the current agenda item before the Governing Body. Additional public comment on non- agenda items will be taken at the end of the meeting. A. Public Hearing - Consider appeal of the Public Works Directors decision regarding a violation of the Public Tree Protection Ordinance at 6105 B. Consider Ordinance #1726 - an Ordinance relating to public offenses within the corporate limits of the City of Fairway, Kansas, incorporating by reference the "Uniform Public Offense Code for Kansas Cities," edition of 2020, amending and repealing certain provisions of existing Article II of Chapter 8, entitled "Uniform Public Offense Code" and Article III entitled "Drugs" of the code of the City of Fairway, Kansas C. Consider Sunflower Slope and Drainage Easement Agreement D. Consider request from McQuaid Brothers Remodeling for a Building Permit Extension for Permit No. B19-00094 until March 24, 2021
7. Governing Body Comment During this time, members of the Governing Body will be given the opportunity to speak about matters related to the City. No formal action will be taken during this time.
8. Public Comment* for items not listed on the above agenda
9. Adjournment
If you require an accommodation for a sign interpreter in order to attend this meeting, please notify the Administrative Office at 913-262-0350 no later than 48 hours prior to the beginning of the meeting.
*Public comment will be limited to 4 minutes per speaker unless otherwise stated at the beginning of a public comment period. Speakers are permitted one opportunity per public comment period, along with a one minute follow up opportunity. To view the full Public Meeting Policy, please visit www.fairwaykansas.org or contact the Administrative Office at 913-262-0350. JOHNSONCTYCON2
Incident Type Report (Summary)
Alarm Date Between {12/01/2020} And {12/31/2020} and District = "FW"
Pct of Total Pct of Incident Type Count Incidents Est Loss Losses
2 6.45% $0 0.00% 2 6.45% $0 0.00%
1 Fire 142 Brush or brush-and-grass mixture fire 1 3.22% $0 0.00% 1 3.22% $0 0.00%
2 Overpressure Rupture, Explosion, Overheat(no fire) 240 Explosion (no fire), Other 1 3.22% $0 0.00% 1 3.22% $0 0.00%
3 Rescue & Emergency Medical Service Incident 311 Medical assist, assist EMS crew 7 22.58% $0 0.00% 321 EMS call, excluding vehicle accident with 4 12.90% $0 0.00% 324 Motor Vehicle Accident with no injuries 1 3.22% $0 0.00% 12 38.70% $0 0.00%
4 Hazardous Condition (No Fire) 412 Gas leak (natural gas or LPG) 1 3.22% $0 0.00% 1 3.22% $0 0.00%
5 Service Call 522 Water or steam leak 1 3.22% $0 0.00% 554 Assist invalid 4 12.90% $0 0.00% 5 16.12% $0 0.00%
6 Good Intent Call 611 Dispatched & cancelled en route 4 12.90% $0 0.00% 4 12.90% $0 0.00%
7 False Alarm & False Call 713 Telephone, malicious false alarm 1 3.22% $0 0.00% 736 CO detector activation due to malfunction 1 3.22% $0 0.00% 743 Smoke detector activation, no fire - 3 9.67% $0 0.00%
01/04/2021 12:21 Page 1 JOHNSONCTYCON2
Incident Type Report (Summary)
Alarm Date Between {12/01/2020} And {12/31/2020} and District = "FW"
Pct of Total Pct of Incident Type Count Incidents Est Loss Losses 5 16.12% $0 0.00%
Total Incident Count: 31 Total Est Loss: $0
01/04/2021 12:21 Page 2 JOHNSONCTYCON2
Incident Type Report (Summary)
Alarm Date Between {01/01/2020} And {12/31/2020} and District = "FW"
Pct of Total Pct of Incident Type Count Incidents Est Loss Losses
2 0.56% $0 0.00% 2 0.56% $0 0.00%
1 Fire 111 Building fire 2 0.56% $5,100 100.00% 113 Cooking fire, confined to container 1 0.28% $0 0.00% 114 Chimney or flue fire, confined to chimney 1 0.28% $0 0.00% 140 Natural vegetation fire, Other 1 0.28% $0 0.00% 142 Brush or brush-and-grass mixture fire 1 0.28% $0 0.00% 6 1.69% $5,100 100.00%
2 Overpressure Rupture, Explosion, Overheat(no fire) 221 Overpressure rupture of air or gas 1 0.28% $0 0.00% 240 Explosion (no fire), Other 1 0.28% $0 0.00% 2 0.56% $0 0.00%
3 Rescue & Emergency Medical Service Incident 311 Medical assist, assist EMS crew 101 28.53% $0 0.00% 321 EMS call, excluding vehicle accident with 35 9.88% $0 0.00% 322 Motor vehicle accident with injuries 2 0.56% $0 0.00% 324 Motor Vehicle Accident with no injuries 7 1.97% $0 0.00% 371 Electrocution or potential electrocution 1 0.28% $0 0.00% 372 Trapped by power lines 1 0.28% $0 0.00% 147 41.52% $0 0.00%
4 Hazardous Condition (No Fire) 412 Gas leak (natural gas or LPG) 5 1.41% $0 0.00% 424 Carbon monoxide incident 2 0.56% $0 0.00% 440 Electrical wiring/equipment problem, Other 1 0.28% $0 0.00% 441 Heat from short circuit (wiring), 1 0.28% $0 0.00% 444 Power line down 5 1.41% $0 0.00% 445 Arcing, shorted electrical equipment 3 0.84% $0 0.00% 471 Explosive, bomb removal (for bomb scare, 1 0.28% $0 0.00% 18 5.08% $0 0.00%
5 Service Call 510 Person in distress, Other 7 1.97% $0 0.00% 01/04/2021 12:21 Page 1 JOHNSONCTYCON2
Incident Type Report (Summary)
Alarm Date Between {01/01/2020} And {12/31/2020} and District = "FW"
Pct of Total Pct of Incident Type Count Incidents Est Loss Losses 5 Service Call 520 Water problem, Other 1 0.28% $0 0.00% 522 Water or steam leak 1 0.28% $0 0.00% 531 Smoke or odor removal 2 0.56% $0 0.00% 550 Public service assistance, Other 1 0.28% $0 0.00% 551 Assist police or other governmental agency 2 0.56% $0 0.00% 552 Police matter 1 0.28% $0 0.00% 553 Public service 2 0.56% $0 0.00% 554 Assist invalid 60 16.94% $0 0.00% 561 Unauthorized burning 1 0.28% $0 0.00% 78 22.03% $0 0.00%
6 Good Intent Call 6001 Code Enforcement 1 0.28% $0 0.00% 611 Dispatched & cancelled en route 56 15.81% $0 0.00% 622 No Incident found on arrival at dispatch 1 0.28% $0 0.00% 631 Authorized controlled burning 1 0.28% $0 0.00% 651 Smoke scare, odor of smoke 4 1.12% $0 0.00% 63 17.79% $0 0.00%
7 False Alarm & False Call 700 False alarm or false call, Other 2 0.56% $0 0.00% 713 Telephone, malicious false alarm 1 0.28% $0 0.00% 730 System malfunction, Other 1 0.28% $0 0.00% 733 Smoke detector activation due to 4 1.12% $0 0.00% 735 Alarm system sounded due to malfunction 6 1.69% $0 0.00% 736 CO detector activation due to malfunction 3 0.84% $0 0.00% 740 Unintentional transmission of alarm, Other 1 0.28% $0 0.00% 743 Smoke detector activation, no fire - 5 1.41% $0 0.00% 744 Detector activation, no fire - 1 0.28% $0 0.00% 745 Alarm system activation, no fire - 8 2.25% $0 0.00% 746 Carbon monoxide detector activation, no CO 4 1.12% $0 0.00% 36 10.16% $0 0.00%
8 Severe Weather & Natural Disaster 812 Flood assessment 1 0.28% $0 0.00% 814 Lightning strike (no fire) 1 0.28% $0 0.00% 2 0.56% $0 0.00%
01/04/2021 12:21 Page 2 JOHNSONCTYCON2
Incident Type Report (Summary)
Alarm Date Between {01/01/2020} And {12/31/2020} and District = "FW"
Pct of Total Pct of Incident Type Count Incidents Est Loss Losses
Total Incident Count: 354 Total Est Loss: $5,100
01/04/2021 12:21 Page 3 ADMINISTRATION REPORT FOR DECEMBER 2020
ADMINISTRATION COMMITTEE MEETING The Administration Committee met on December 1st. Meeting recap was included in last month’s report as well as this month.
Community Development Director Job Description. Following a lengthy examination of how to best move forward with the Building Official vacancy, staff developed this job description in a way that will hopefully best address the needs of the Administration Department. The committee did not identify any significant issue with description, and it has since been posted.
2021 Master Fee Schedule. Building fees increased in several areas for 2021. In line with Administration Committees goals the last few year, these increases are meant to help cover the administrative and field costs related to permit and plan review process, including inspections.
Sign Ordinance. The Committee discussed the sign ordinance based on feedback received during the recent election cycle. At the conclusion of the discussion, no modifications are being suggested.
Light Pollution. The Committee directed staff to explore the possibility of adding light pollution to our existing nuisance ordinance. Staff will research this concept in the future.
KORA REQUESTS The Administration Department keeps a log of all Kansas Open Records Requests received. There were no record requests in December. The Kansas Open Records Act, K.S.A. 45-215, governs the manner in which public documents are made available to the public. The City is authorized to charge for staff time and copy fees in connection with record requests.
BOARD OF ZONING APPEALS AND PLANNING COMMISSION MEETINGS Only the Planning Commission met in December via Zoom. The PC considered 3 site plans: one for a new home with exception to greenspace; one for modification to previously approved new home with exception to front setback; and one requesting exception to greenspace for covered patio. The PC denied the new home with exception to greenspace, approved the modification to previously approved new home and exception and exception request to greenspace for covered patio.
OCCUPATIONAL LICENSES No changes since last month. To date, 35 applications have been received and processed and 7 businesses have moved or closed. DOG LICENSES Licensing History 2020 – 605 tags issued. Notifications via two editions of Focus on Fairway, two postcards, two Constant Contact emails and a phone call. 2019 – 585 tags issued-notifications-Focus on Fairway (Jan/Mar) and Constant Contact email and 2 postcards. Four residents were issued citations for failure to license their dogs. 2018 – 570 tags issued via through November Focus on Fairway and 3 postcards, visit from NEACC officer and 5 citations issued. 2017 – 590 tags issued through November via Focus on Fairway and 2 postcards, visit from NEAC officer to 24 properties and left door hangers. All dogs were licensed and no citations issued.
RENTAL AND NON-OWNER OCCUPIED DWELLING REGISTRATIONS No changes since November report. To date, 180 applications have been received, 171 licenses issued, 2 properties are pending 1st inspection and 7 properties are pending 2nd inspection. All properties licensed last year have either renewed or closed as no longer a rental. Notices continue to be sent to properties identified as possible rental/non-owner occupied.
BUILDING DEPARTMENT REPORT The December monthly report is attached. One new single family residence permit was pulled. Monthly construction value of permits pulled was $836,794.00 with a YTD total construction value of $14,480,353.83. Permit fees collected for month were $8,972.20 and YTD $158,398.76.
UPCOMING MEETINGS: MEETING LOCATIONS: For the duration of emergency orders related to COVID-19, all public meetings for the City of Fairway will be conducted virtually. The virtual link will be accessible on the home page of the City’s website www.fairwaykansas.org. The public may participate in the virtual meetings by joining from their desktop, tablet or phone and/or by dialing in from their phone. You may sign-up to receive meeting notifications by enrolling in the City E-mail Program at www.fairwaykansas.org.
CITY COUNCIL MEETING Monday, January 11, 2021 7:30 p.m.
BOARD OF ZONING APPEALS Monday, January 25, 2021 5:30 p.m.
PLANNING COMMISSION Monday, January 25, 2021 6:00 p.m. or immediately following the BZA
FINANCE COMMITTEE MEETING Wednesday, January 27, 2021 7:30 a.m. DATE: JANUARY 11, 2021 TO: MAYOR HEPPERLY AND FAIRWAY CITY COUNCIL FROM: KIM YOUNG, CITY CLERK RE: HOLIDAY GIFT LIST
Below are the gifts received at the City during the holiday season.
Cookies – Collection Bureau of Kansas Candy – Miller Management System Gift Basket – Easton Roofing Cookies – CM Mose
MEMORANDUM
TO: Melanie Hepperly, Mayor
FROM: David Brown, Chief of Police
DATE: January 6, 2021
SUBJECT: December 2020 Monthly Report
OVERVIEW:
TYPE December 2019 December 2020 Reports 36 20 Arrests 13 5 Citations 130 82
ACTIVITY:
We had 413 activities entered into the Computer Aided Dispatch (CAD) system in December. Here are some of those activities:
• 23 Alarm Calls • 3 Accidents • 4 Disturbance – 0 armed • 1 Burglary • 147 Car Stops • 10 Animal Calls
Occurrences Type Time Notes Drugs 12/01/2020 3600 blk of SHAWNEE MISSION PKWY, FAIRWAY, JOHNSON KS 12:40 USA 66205 The driver was stopped for speeding and was found to be in possession of marijuana. Info - Civil 12/01/2020 6000 blk of HOWE DR, FAIRWAY, KS USA 66205 The RP's vehicle Matter/Non 22:14 was damaged in transport. Criminal Accident - Hit and 12/05/2020 V1 was Westbound on Shawnee Mission Parkway in the inside lane. Run 01:36 V2 was also westbound travelling next to V1. V2 crossed the lane divider and sideswiped V1. V2 fled without stopping. Invest - Mental 12/07/2020 2800 blk of SHAWNEE MISSION PKWY, FAIRWAY, KS USA 66205 Subject 15:01 I arrived at the business regarding a male who became irate with an employee and appeared to be suffering from a mental breakdown. Auto Theft 12/09/2020 5800 blk of CHEROKEE DR, FAIRWAY, KS USA 66205 I was 07:42 dispatched to a previous auto theft. The vehicle was a 2008 Silver in color Toyota Highlander. Info- Assist 12/09/2020 47TH TER and STATE LINE RD, WESTWOOD KS USA 66205 I Outside/ Pursuit 15:13 assisted Westwood PD in a car check which led to drug and gun charges. Invest - Juvenile 12/10/2020 5300 blk of NORWOOD RD, FAIRWAY, KS USA 66205 Info on a Problem 08:10 juvenile.
Fraud/Forgery/ID 12/11/2020 5500 blk of NORWOOD RD, FAIRWAY, KS USA 66208. The victim 15:56 had a fraudulent U.S. Small Business Administration (SBA) loan established for his business using his name, personal, and work information. The victim did not give anyone permission to establish the loan. Invest - Suspicious 12/12/2020 61ST ST and DELMAR ST, FAIRWAY KS USA 66205. A report Activity 22:04 was received of an explosion in the area of 60th Street and Catalina Street. A destroyed/ blown apart mouthwash bottle, which was likely the cause of the explosion, was found in the intersection of 61st Street and Delmar Street. There were no witnesses to the incident. Fraud/Forgery/ID 12/15/2020 5900 blk of EL MONTE ST, FAIRWAY, KS USA 66205. The RP's 15:46 information was stolen an attempted to be used to purchase items. warrant arrest 12/15/2020 5252 BELINDER RD, FAIRWAY, KS USA 66205. The subject had 16:27 an active warrant out of Fairway, KS. The subject was served his warrant at the JO CO jail.
Fairway Warrant 12/18/2020 6200 blk of MISSION RD, FAIRWAY, KS USA 66208. Subject was 14:30 contacted at this residence, given a new court date for Fairway warrants, and issued an NTA for failure to appear.
Auto Burglary 12/21/2020 6100 blk of FONTANA ST, FAIRWAY, KS USA 66205. I was 08:08 dispatched to 6125 Fontana regarding a previous auto burglary to an unlocked vehicle. The missing item was a tool bag worth approximately $50. Theft 12/22/2020 4300 blk of SHAWNEE MISSION PKWY, FAIRWAY, KS USA 16:40 66205. The victim's motorcycle was stolen from the back of his truck. The motorcycle was recovered a short time later in KCK. Invest - Mental 12/24/2020 5500 blk of CANTERBURY RD, FAIRWAY, KS USA 66205 Info on a Subject 12:12 mental health issue. Auto Theft 12/24/2020 6200 blk of MISSION RD, FAIRWAY, KS USA 66208. Subject 14:54 refused to return a vehicle after borrowing it. Info - Civil 12/26/2020 6000 blk of BUENA VISTA ST, FAIRWAY, JOHNSON KS USA Matter/Non 10:33 66205. Info on subject with mental health issues who got into an Criminal argument with his mother. DUI 12/27/2020 4400 blk of SHAWNEE MISSION PKWY, FAIRWAY, KS USA 66205 22:31 A passerby reported a vehicle stopped in the lane of travel near the 4400 block of Shawnee Mission Parkway. A vehicle check was conducted. The vehicle appeared to have struck a curb due to the damage on the wheels and tires located on the left side of the vehicle. The driver of the vehicle appeared to be impaired. There was a heavy odor of an intoxicating beverage coming from the driver. SFST's were conducted on the driver, which revealed clues of impairment. The driver refused to submit to a preliminary breath test. The driver was taken into custody without incident. The vehicle was towed to a secure location. The driver was released to his mother. Invest - Death 12/28/2020 5400 blk of BELINDER RD, FAIRWAY, KS USA 66205. Officers Investigation 20:09 responded to a medical non-breather call. After the Medical Examiner released the body to the family, he was transported to a funeral home by first call. DUI 12/30/2020 SHAWNEE MISSION PKWY and W 55TH ST, FAIRWAY KS USA 00:18 66205 A motorist assist was conducted on two vehicles stopped in the west bound number one lane of Shawnee Mission Parkway, just west of W 55th Street. One vehicle which had struck a curb and damaged wheel, was disabled on the roadway. The other driver, who was called there by the driver of the disabled vehicle, attempted to change the tire with negative results. The driver of the disabled vehicle was revealed to be intoxicated and taken into custody. The vehicle in question also had child in the back seat. The child was taken by a family member, who was called to the scene.
Training:
On December 1st and 3rd All Officers attended Domestic Violence training. This training was presented by the Johnson County District Attorney’s Office and hosted at Fairway City Hall.
PUBLIC WORKS DEPARTMENT
MONTHLY REPORT – December 2020
Street Sweeping
We have made several passes through the city to date and are finally ahead of the leaves. The sidewalks along Shawnee Mission Parkway were also cleaned before Christmas. This service will be moving to “as needed” in early 2021.
A detailed spreadsheet is attached for our latest round.
Stormwater
December Stormwater updates:
Watershed Master Plan- Director Stogsdill and City Administrator Nogelmierer met with concultants from the County about new software that the county will be using to predict possible failures in stormwater systems (underground pipes).
NPDES (National Pollution Discharge Elimination System)- The Stormwater Management Plan was approved and will be submitted with our annual report.
CCTV Inspection- The project has began. There will be a few more weeks of field work before they start compiling data.
Voluntary Buyout Program- The next meeting has not been scheduled yet.
Old Fairway Buena Vista Buena 53rd LnNeosho Mohawk Pawnee Mission LnWindsor Falmouth Canterbury Chadwick Aberdeen Aberdeen Circle Fairway Norwood Belinder (CDS) Neosho Park State Date Swept (N) 12/17 12/17 12/17 12/17 12/17 12/17 12/17 12/17 12/17 12/17 12/17 12/17 12/17 12/17 12/17 X X Date Swept (S) X X X X X X X 12/17 12/17 12/17 12/17 X 12/17 12/17 12/17 12/17 12/17
Ward Start Date 12/17
Ward End Date 12/17
Notes: Fieldston Wyncote Mission 56th LnNeosho 57th 57th Terr 58th Sheridan Vista Buena Brookridge Alhambra Granada Ln Granada Dr Fontana Fontana Alham/ElMonte 55th
Date Swept 12/18 12/17 12/18 12/18 12/18 12/18 12/18 12/18 12/18 12/18 12/18 12/18 12/18 12/18 12/18 12/18 12/18
Ward Start Date 12/18
Ward End Date 12/18
Notes: Reinhardt Mission Rd Mission Cherokee Cir Tahoe Suwanee Reinhardt Howe 57th Terr Windsor Cir Windsor Cherokee Sunrise Lockton Eastvale 61st Terr Glenfield 63rd (Cul-de-sac) 58th
Date Swept 12/17 12/21 12/21 12/21 12/18 12/18 12/18 12/18 12/18 12/18 12/21 12/21 12/21 12/21 12/18 12/21 12/21
Ward Start Date 12/18
Ward End Date 12/21
Notes: Highlands Mission 59th 60th 61st 62nd 62nd Terr 61st Terr 60th Terr 59th Terr Alhambra Vista Buena Catalina Delmar Monte El Fontana Granada Roe
Date Swept 12/17 12/21 12/21 12/21 12/21 12/21 12/21 12/21 12/21 12/21 12/22 12/22 12/22 12/22 12/22 12/22 12/22
Ward Start Date 12/21
Ward End Date 12/22
Notes:
Parks & Recreation Department
December 2020 Report
January Activities: Tuesdays & Thursdays – SWERVE Fitness Classes January 6 – Wednesday Chair Yoga Session Begins
City Hall Audio/Visual The audio/visual upgrades at City Hall will be fully completed on January 13th, with the installation of several wireless microphones and the projector screen. City staff will be trained on system operations at that time. Once we have been trained and have a chance to get comfortable with the system, we are hoping to offer several gaming tournaments and/or leagues in the future.
City Website The new City website is coming along nicely and will hopefully be live by February 1st. Below is an example of what our new home page will look like. The new site will not only be more appealing to users, but it will be much more functional from both a suer and staff perspective. I will provide further updates in my January report.
Kathryn Lyon Flora Park The lot where the new park will be located at Cherokee and Eastvale was deeded over to the City by the Lyon family at the end of December. The bidding process will open in early January and close on February 1st. A bid will be brought before the council at the February meeting for approval. Construction will hopefully begin shortly after the February council meeting, with the project hopefully wrapping up in April.
Santa’s Workshop As I highlighted in my November report, this event was so popular that it went from a 2-night event to a 5-night event. In total, we had 164 participants come through Santa’s Workshop. The responses we received were overwhelmingly positive. Additionally, we were able to bring in enough revenue to cover the cost of the event (decorations, materials for building the workshop, presents for the participants, Santa’s suit, etc.). Due to the popularity of this event, we expect Santa to return to his workshop in December of 2021. Again, Vickie did such a wonderful job on this event, planning everything down to the final detail. Public Works also helped out quite a bit, especially Chris who was nice enough to be our Santa. It was wonderful to end a very odd year on such a high note!
FINANCE REPORT FOR DECEMBER 2020
DECEMBER 2020 CASH AND CERTIFICATES OF DEPOSIT
The final General Fund Cash balance for December was $396,541.66
The final General Fund Money Market account balance was $50,636.33
The final balance for the General Fund Reserve CDs for October 2020 was $420,325.49
***Part of the Reserve CD’s are now reflected in the Equipment Reserve Fund.***
The final balance of the General Fund Reserve for October 2020 was $351,756,10
The Finance Committee did not met December 2, 2020.
The Finance Committee discussed the Development Agreement with MREM, LLC regarding redevelopment of 4200 Shawnee Mission Parkway. Various ideas and elements were discussed. City Attorney Cook and City Administrator Nogelmeier incorporated those comments and provide the Developer with a draft of the agreement to be fully discussed at the December 14th City Council Meeting.
Due to planned reductions in expenditures due to the pandemic, there was a sizable amount of cash available in the General Fund. The Committee agreed with staff’s recommendations to transfer $700,000 from the General Fund to the CIP Fund for future Capital Projects. In addition, the Committee agreed with staff’s recommendation to transfer $100,000 to the Equipment Reserve Fund and earmark it for the General Fund Reserve.
Reserve Fund Note: With the $100,000 transfer, the total GF Reserve percentage of the general fund (excluding GF contingency and GF transfers) will be 19% of the GF or $871,681. If you add the GF contingency to the Reserve Fund total, the amount is $961,681 or 21% of the GF. The Reserve Fund target is $20% of the GF budget, less transfers.
The next Finance Committee meeting will be January 27, 2021 at 7:30 a.m.
ATTACHMENTS • December PRELIMINARY Financials
TATEMENTS
City of Fairway
MONTHLY FINANCIAL S FINANCIAL MONTHLY December 20 20
PRELIMINARY
Prepared by:
Kansas City | Springfield GoodFaithAccounting.com Management Responsibility
The organization’s management is responsible for the information contained in these reports and for the development, implementation, and adherence of all financial policies and procedures. We recommend management carefully review all transactions contained in these reports to insure accuracy and clarity.
Table of Contents
Statement of Financial Position The statement of financial position gives a financial picture of the organization as of the end of the reporting period. It reflects the assets, liabilities, and net assets of the organization.
Definition of Fund Accounting Terms
Net Assets – Total Assets minus Total Liabilities. Net assets fall into one of three categories (from most restricted to least restricted):
1. Net Investment in Fixed Assets - total fixed assets minus accumulated depreciation minus any debt related to the fixed assets.
2. Restricted – those funds which are legally restricted by outside parties or by law through constitutional provisions or enabling legislation;
3. Unrestricted – funds available for general operations.
Statement of Activities The statement of activities reflects the revenues and expenses of the organization for the current period of time—typically the current month and year-to-date. It can also be used to compare actual revenues and expenses to those budgeted.
PRELIMINARY
Web | GoodFaithAccounting.com Kansas City | 816.382.3050 Springfield | 417.708.8237
City of Fairway Statement of Net Assets 12/31/2020
Assets Cash Cash in General Checking - Pooled 1010.000 General Fund 396,541.66 1010.000 General Fund Reserves* (68,569.39) 1010.000 Special Highway Fund 144,905.50 1010.000 Storm Water Utility Fund 131,968.50 1010.000 Debt Service Fund 67,327.95 1010.000 2014 Sales Tax Fund 123,911.18 1010.000 Equipment Reserve Fund 590,000.00 1010.000 Shawnee Indian Mission Fund 3,497.56 1010.000 Special Parks & Recreation Fund 15,460.61 1010.000 Fairway Tree Fund 10,463.00 1010.000 Fairway Tree Fund 61,467.71 1010.000 Drug Tax Fund 1.00 1010.000 Captial Improvements Fund 1,044,784.77 1010.000 City Hall Renovations 0.11 Total Cash in General Checking - Pooled $ 2,521,760.16
Cash in Other Accounts 1131.000 General Fund Money Market Account 50,636.33 1132.000 CD - GF Reserves (FNB 0826) 53,650.13 1133.000 CD - GF Reserves (FNB 0031) 144,215.16 1134.000 CD - GF Reserves (FNB 0827) 108,171.23 1135.000 CD - GF Reserves (FNB 0828) 114,288.97 1112.000 Court Bond Cash 12,556.00 1113.000 Police Property & Evidence 1,285.41 1111,1128 Petty Cash Funds 169.00 Total Cash in Other Accounts 484,972.23 Total Cash 3,006,732.39
Other Current Assets 1121.000 Taxes Receivable 2,470,111.27 1122.000 Drain Removal Reimbursement 685.68 1127.000 Prepaid Expenses 51,506.05 1125,1126,1129 Accounts Receivable 6,434.54
Total Other Current Assets 2,528,737.54 Total AssetsPRELIMINARY $ 5,535,469.93
*CD's that are part of the general fund reserves are not reflected in this amount.
Liabilities & Net Assets Current Liabilities 2005.000 Accounts Payable 134,474.45 2030.000 Accounts Payable Payroll 76,127.48 2040.000 Insurance Settlement 4,806.16 2110.2111 Court Bond Liability 11,302.05 2115.000 Police Property & Evidence 1,764.41
MILLER MANAGEMENT City of Fairway Statement of Net Assets 12/31/2020
2116.000 State Court Costs 5,820.89 2117.000 State Judge's Training Fee 1,046.00 2118.000 State DL Reinstatement (304.88) 2119.000 State Community Correction Fund (175.00) 2120.000 Seatbelt Safety Fund (20.00) 2125.000 Collection Fees Payable 119.47 2130.000 Federal Withholding Payable 13,475.25 2140.000 Kansas Withholding Payable 5,923.00 2180.000 Retirement - Employee 8,505.68 2190.000 Group Life 4.09 2200.000 Dental Withholding (138.60) 2210.000 Health Insurance 293.49 2211.000 HSA (1,052.05) 2212.000 Short Term Disability (2,210.03) 2213.000 FSA 125 Plan (1,040.20) 2214.000 Supplemental Insurance 1,381.00 2215.000 Vision Insurance 333.53 2216.000 CID Legal 210.00 2220.000 Garnishments - Total Current Liabilities $ 260,646.19
Other Liabilities 2300.000 Deferred Revenue - Bond & Interest Fund 169,712.00 2400.000 Deferred Revenue - General Fund 1,882,815.00 Total Other Liabilities 2,052,527.00
Net Assets 2500.100 Fund Balance - General Fund 553,233.42 2500.110 Fund Balance - General Fund Reserves 351,756.10 2500.520 Fund Balance Designated - Special Highway 172,744.77 2500.540 Fund Balance Designated - Storm Water 128,641.82 2500.660 Fund Balance Designated - Bond & Interest 94,406.97 2500.665 Fund Balance Designated - Sales Tax Fund 178,069.90 2500.750 Fund Balance Designated - Equipment Reserve 590,000.00 2500.770 Fund Balance Designated - Special Parks & Recreation 15,460.61 2500.760 Fund Balance Designated - Shawnee Indian Mission 1,211.31 2500.780 Fund Balance Designated - Fairway Tree Fund 10,463.00 2500.800 Fund Balance Designated - Federal Grant Fund 61,467.71 2500.880 Fund BalancePRELIMINARY Designated - Drug Tax 1.00 2500.900 Fund Balance Designated - Capital Improvement Funds 1,064,840.13 2500.904 Fund Balance Designated - City Hall Renovations - Total Net Assets 3,222,296.74
Total Liabilities & Net Assets $ 5,535,469.93
MILLER MANAGEMENT City of Fairway Subsidiary Schedule - Cash Balances For the 12 Months Ended 12/31/2020
12/31/2019 2020 Activity 12/31/2020 Balance Receipts Disbursements Balance Funds Pooled in General Checking 1010 General Fund 352,851.73 $ 4,476,269.27 $ 4,436,080.34 396,541.66 1010 General Fund Reserves (68,569.39) - - (68,569.39) 1010 Special Highway Fund 90,288.55 103,104.95 48,488.00 144,905.50 1010 Storm Water Utility Fund 24,395.28 249,606.85 142,033.63 131,968.50 1010 Debt Service Fund 68,046.51 328,230.38 328,948.94 67,327.95 1010 2014 Sales Tax Fund 76,608.91 297,685.14 250,382.87 123,911.18 1010 Equipment Reserve Fund 465,000.00 125,000.00 - 590,000.00 1010 Shawnee Indian Mission Fund 4,673.76 102,274.00 103,450.20 3,497.56 1010 Special Parks & Recreation Fund 18,166.01 6,124.60 8,830.00 15,460.61 1010 Fairway Tree Fund 25,188.00 4,175.00 18,900.00 10,463.00 1010 Federal Grant Fund - 122,934.29 61,466.58 61,467.71 1010 Drug Tax Fund 1.00 - - 1.00 1010 Capital Improvement Funds 397,867.62 856,050.60 209,133.45 1,044,784.77 1010 City Hall Renovations 7,857.16 - 7,857.05 0.11
Total Funds Pooled in General Checking 1,462,375.14 6,671,455.08 5,615,571.06 2,521,760.16 Funds Held in Other Accounts 1131 General Fund Money Market Account 50,553.39 82.94 - 50,636.33 1132 Certificate of Deposit - GF Reserves 52,918.83 731.30 - 53,650.13 1133 Certificate of Deposit - GF Reserves 143,375.57 839.59 - 144,215.16 1134 Certificate of Deposit - GF Reserves 106,700.75 1,470.48 - 108,171.23 1135 Certificate of Deposit - GF Reserves 112,979.97 1,309.00 - 114,288.97 1112 Court Bond Cash PRELIMINARY 15,328.00 1,413.00 4,185.00 12,556.00 1113 Police Property & Evidence 1,285.41 - - 1,285.41 1111,1128 Petty Cash 169.00 - - 169.00
Total Cash $ 1,945,686.06 $ 6,677,301.39 $ 5,619,756.06 $ 3,006,732.39
MILLER MANAGEMENT 3 City of Fairway Statement of Activities Year-to-Date Fund Summary For the 12 Months Ended 12/31/2020
Shawnee General Fund Special 2014 Sales Tax Equipment Indian Mission Special Parks Fairway Tree Federal Grant General Capital City Hall Total General Reserves Highway Storm Water Utility Debt Service Fund Reserve Fund & Recreation Fund Fund Drug Tax Improvement Renovations Funds Cash Carryforward $ 403,405.12 $ 347,405.73 $ 90,288.55 $ 24,395.28 $ 68,046.51 $ 76,608.91 $ 465,000.00 $ 4,673.76 $ 18,166.01 $ 25,188.00 $ - $ 1.00 $ 397,867.62 $ 7,857.16 $ 1,928,903.65
Revenue Assessment Revenue 4,419,701.36 103,104.95 249,606.85 328,230.38 297,685.14 6,124.60 - 148,842.55 5,553,295.83 Other Income 58,063.85 4,350.37 - - 72,274.00 4,175.00 122,934.29 261,797.51 Bond Proceeds - - - Transfer of Funds ------125,000.00 30,000.00 - - - - 707,208.05 - 862,208.05 Total Revenue 4,477,765.21 4,350.37 103,104.95 249,606.85 328,230.38 297,685.14 125,000.00 102,274.00 6,124.60 4,175.00 122,934.29 - 856,050.60 - 6,677,301.39
Total Revenue & Cash Carryforward 4,881,170.33 351,756.10 193,393.50 274,002.13 396,276.89 374,294.05 590,000.00 106,947.76 24,290.61 29,363.00 122,934.29 1.00 1,253,918.22 7,857.16 8,606,205.04
Expenditures Administration 1,421,640.12 1,421,640.12 Police 1,108,335.13 1,108,335.13 Public Works 843,835.21 843,835.21 Court 113,421.93 113,421.93 Parks & Recreation 271,039.04 271,039.04 Projects 48,488.00 17,811.68 - - 8,830.00 18,900.00 198,036.33 7,857.05 299,923.06 Programs 103,450.20 - 103,450.20 Payments 99,813.00 328,948.94 250,382.87 18,120.00 697,264.81 Miscellaneous - 27,735.63 - 61,466.58 89,202.21 Contingency 830,000.00 ------830,000.00 Total Expenditures 4,588,271.43 - 48,488.00 145,360.31 328,948.94 250,382.87 - 103,450.20 8,830.00 18,900.00 61,466.58 - 216,156.33 7,857.05 5,778,111.71
Change in Fund Balance After Cash Carryforward $ 292,898.90 $ 351,756.10 $ 144,905.50 $ 128,641.82 $ 67,327.95 $ 123,911.18 $ 590,000.00 $ 3,497.56 $ 15,460.61 $ 10,463.00 $ 61,467.71 $ 1.00 $ 1,037,761.89 $ 0.11 $ 2,828,093.33
Change in Fund Balance Before Cash Carryforward $ (110,506.22) $ 4,350.37 $ 54,616.95 $ 104,246.54 $ (718.56) $ 47,302.27 $ 125,000.00 $ (1,176.20) $ (2,705.40) $ (14,725.00) $ 61,467.71 $ - $ 639,894.27 $ (7,857.05) $ 899,189.68
Beginning Fund Balance 663,739.61 347,405.76 118,127.82 24,395.28 95,125.53 130,767.63 465,000.00 2,387.51 18,166.01 25,188.00 - 1.00 424,945.86 7,857.05 2,323,107.06
Ending Fund Balance $ 553,233.39 $ 351,756.13 $ 172,744.77 $ 128,641.82 $ 94,406.97 $ 178,069.90 $ 590,000.00 $ 1,211.31 $ 15,460.61 $ 10,463.00 $ 61,467.71 $ 1.00 $ 1,064,840.13 $ - $ 3,222,296.74
PRELIMINARY
MILLER MANAGEMENT 4 City of Fairway Statement of Activities General Operating Fund For the 12 Months Ended 12/31/2020
Unencumbered % Current Month Year to Date Budget to Date Annual Budget Balance Remaining Revenues 4000 .100 Cash Carryforward $ - $ 403,405.12 $ 260,000.00 $ 260,000.00 $ (143,405.12) ($0.55) 4005 .100 Advalorem Tax - 1,867,719.32 1,882,815.00 1,882,815.00 15,095.68 0.8% 4010 .100 Back Tax - 9,602.78 - - (9,602.78) N/A 4020 .100 Local Sales Tax 101,928.58 595,370.27 560,000.00 560,000.00 (35,370.27) -6.3% 4030 .100 County/State Sales Tax 92,214.55 524,113.34 505,000.00 505,000.00 (19,113.34) -3.8% 4040 .100 County Special Sales Tax 18,442.95 104,822.92 100,000.00 100,000.00 (4,822.92) -4.8% 4045 .100 County Public Safety Sales Tax 18,442.84 104,822.28 100,000.00 100,000.00 (4,822.28) -4.8% 4050 .100 Motor Vehicle Tax - 164,007.46 169,487.00 169,487.00 5,479.54 3.2% 4060 .100 Rec Vehicle Tax/Commercial Vehicle Tax - 1,394.96 994.00 994.00 (400.96) -40.3% 4066 .100 Building Permits 7,837.20 143,321.63 110,000.00 110,000.00 (33,321.63) -30.3% 4068 .100 Occ Lic/CMB Lic - 8,125.64 10,000.00 10,000.00 1,874.36 18.7% 4069 .100 Rental Licenses/Inspection - 25,980.00 20,000.00 20,000.00 (5,980.00) -29.9% 4070 .100 Franchise Tax - KCP&L 25,347.07 201,824.43 215,000.00 215,000.00 13,175.57 6.1% 4080 .100 Franchise Tax - Gas Service 5,931.12 75,967.99 80,000.00 80,000.00 4,032.01 5.0% 4090 .100 Franchise Tax - AT&T - 17,991.90 20,000.00 20,000.00 2,008.10 10.0% 4100 100 Franchise Tax - TimeWarner - 27,764.20 25,000.00 25,000.00 (2,764.20) -11.1% 4110 .100 Franchise Tax - Surewest 509.55 6,240.93 7,000.00 7,000.00 759.07 10.8% 4115 .100 Franchise Tax - Google - 19,046.00 15,000.00 15,000.00 (4,046.00) -27.0% 4120 .100 Franchise Tax - MCI Metro - - - - - N/A 4200 .100 Dog Licenses - 6,692.00 8,400.00 8,400.00 1,708.00 20.3% 4290 .100 Ordinance Violation Assesment - 5,158.80 - - (5,158.80) N/A 4300 .100 Alarm Fees 30.00 480.00 750.00 750.00 270.00 36.0% 4340 .100 City Solid Waste and Recyling - 324,357.26 322,000.00 322,000.00 (2,357.26) -0.7% 4350 .100 Local Alcoholic Liquor 64.03 6,124.56 15,721.00 15,721.00 9,596.44 61.0% 4500 .100 Pool Membership Fees - - 100,000.00 100,000.00 100,000.00 100.0% 4550 .100 Pool Gate Fees - - 64,000.00 64,000.00 64,000.00 100.0% 4570 .100 P&R Programming 194.00 6,225.20 50,000.00 50,000.00 43,774.80 87.5% 4575 .100 Special Events 1,220.00 2,854.00 5,000.00 5,000.00 2,146.00 42.9% 4580 .100 P&R - Super Pass - - 14,500.00 14,500.00 14,500.00 100.0% 4590 .100 Pool/Shelter Rental (150.00) 11,715.00 30,000.00 30,000.00 18,285.00 61.0% 4595 .100 Sponsorships/Donations - - 1,000.00 1,000.00 1,000.00 100.0% 4600 .100 Pool Concessions - - 43,000.00 43,000.00 43,000.00 100.0% 4650 .100 Swim Team Revenues - - 16,500.00 16,500.00 16,500.00 100.0% 4660 .100 Special Events - - - - - N/A 4700 .100 Court Fines 13,188.00 127,421.57 140,000.00 140,000.00 12,578.43 9.0% 4701 .100 Bond Forfeits - 250.00 - - (250.00) N/A 4705 .100 Returned Check Fees - 30.00 - - (30.00) N/A 4710 .100 Court Costs 2,261.50 28,306.92 45,000.00 45,000.00 16,693.08 37.1% 4715 .100 Insurance Settlement - - - - - N/A 4720 .100 Driver License Reinstatement - - - - - N/A 4725 .100 Fingerprinting Services 75.00 1,970.00 2,500.00 2,500.00 530.00 21.2% 4730 .100 Right of Way Permits 1,600.00 16,680.00 10,000.00 10,000.00 (6,680.00) -66.8% 4740 .100 Interest on Investments PRELIMINARY 108.57 1,467.84 1,000.00 1,000.00 (467.84) -46.8% 4750 .100 Record Copying 20.00 429.34 700.00 700.00 270.66 38.7% 4755 .100 Trash Bag Tags 31.25 380.00 300.00 300.00 (80.00) -26.7% 4760 .100 Miscellaneous 609.16 39,086.67 4,000.00 4,000.00 (35,086.67) -877.2% 4765 .100 City Logo Product Sales - 20.00 25.00 25.00 5.00 20.0%
Total Revenues 289,905.37 4,881,170.33 4,954,692.00 4,954,692.00 73,521.67 1.5%
Expenditures Administration 5010 .411 Salaries 39,528.93 270,636.26 318,783.00 318,783.00 48,146.74 15.1% 5030 .411 Payroll Taxes-Employer 3,582.07 24,839.96 24,387.00 24,387.00 (452.96) -1.9% 5090 .411 Retirement 2,139.28 33,358.05 43,387.00 43,387.00 10,028.95 23.1% 5220 .411 License Fees 650.00 12,335.14 12,500.00 12,500.00 164.86 1.3% 5230 .411 Utilities 2,854.07 24,467.25 40,000.00 40,000.00 15,532.75 38.8% 5250 .411 Insurance 492.24 139,831.79 145,897.00 145,897.00 6,065.21 4.2%
MILLER MANAGEMENT 5 City of Fairway Statement of Activities General Operating Fund For the 12 Months Ended 12/31/2020
Unencumbered % Current Month Year to Date Budget to Date Annual Budget Balance Remaining 5260 .411 Health Insurance 4,117.20 48,230.14 72,703.00 72,703.00 24,472.86 33.7% 5290 .411 Animal Care - - 15,000.00 15,000.00 15,000.00 100.0% 5310 .411 Accounting 2,193.00 39,701.00 40,200.00 40,200.00 499.00 1.2% 5320 .411 Consultant/Engineering 6,000.00 67,551.00 - - (67,551.00) N/A 5330 .411 Building Maintenance 745.00 10,686.73 15,000.00 15,000.00 4,313.27 28.8% 5340 .411 Publications 85.54 2,493.79 4,200.00 4,200.00 1,706.21 40.6% 5350 .411 Legal Fees 6,031.60 115,908.51 67,000.00 67,000.00 (48,908.51) -73.0% 5360 .411 Printing/Newsletter - 1,246.06 4,800.00 4,800.00 3,553.94 74.0% 5370 .411 Equipment Maintenance & Licenses 6,666.13 28,706.94 30,700.00 30,700.00 1,993.06 6.5% 5380 .411 Training/Membership 829.88 11,135.95 22,800.00 22,800.00 11,664.05 51.2% 5390 .411 Election - - - - - N/A 5400 .411 Special Assistance - 2,000.00 2,000.00 2,000.00 - 0.0% 5410 .411 Civil Defense Siren 62.92 321.27 450.00 450.00 128.73 28.6% 5420 .411 Reimbursed Expenditures 200.00 2,400.00 500.00 500.00 (1,900.00) -380.0% 5430 .411 Mayor/Councilmembers 1,500.00 18,000.02 18,000.00 18,000.00 (0.02) 0.0% 5470 .411 City Solid waste and Recycling 55,397.18 354,227.61 325,670.00 325,670.00 (28,557.61) -8.8% 5610 .411 Operating Supplies 58.06 700.87 - - (700.87) N/A 5700 .411 Office Supplies 324.63 2,167.45 4,300.00 4,300.00 2,132.55 49.6% 5718 .411 Credit Card Fees 111.10 2,312.07 6,000.00 6,000.00 3,687.93 61.5% 5720 .411 Miscellaneous - 68.51 2,000.00 2,000.00 1,931.49 96.6% 5725 .411 Ordinance Violation Assesment 2,303.00 2,660.50 - - (2,660.50) N/A 5730 .411 Postage - 3,070.60 5,420.00 5,420.00 2,349.40 43.3% 5850 .411 Publicity/Memberships - 625.93 - - (625.93) N/A 5900 .411 Capital Outlay 2,330.46 9,580.46 27,055.00 27,055.00 17,474.54 64.6% 5940 .411 Debt Service - GO Bonds 2010 & 2012 - 182,810.94 182,811.00 182,811.00 0.06 0.0% 5951 .411 Contingency 5,475.00 9,565.32 110,000.00 110,000.00 100,434.68 91.3%
Total Administration 143,677.29 1,421,640.12 1,541,563.00 1,541,563.00 119,922.88 7.8%
Police 5010 .412 Salaries 83,075.55 672,230.55 769,502.00 769,502.00 97,271.45 12.6% 5020 .412 Overtime 3,013.19 22,970.44 20,000.00 20,000.00 (2,970.44) -14.9% 5030 .412 Payroll Taxes-Employer 5,900.55 47,074.14 60,397.00 60,397.00 13,322.86 22.1% 5090 .412 Retirement 9,894.69 137,489.94 164,130.00 164,130.00 26,640.06 16.2% 5200 .412 Uniforms 54.98 2,743.63 8,500.00 8,500.00 5,756.37 67.7% 5220 .412 License Fees - 17.88 - - (17.88) N/A 5230 .412 Utilities 2,383.21 18,660.23 21,000.00 21,000.00 2,339.77 11.1% 5250 .412 Insurance 100.00 265.50 - - (265.50) N/A 5260 .412 Health Insurance 6,829.88 79,549.92 136,023.00 136,023.00 56,473.08 41.5% 5300 .412 Pest Control - - - - - N/A 5330 .412 Building Maintenance 490.00 8,679.64 13,200.00 13,200.00 4,520.36 34.2% 5360 .412 Printing/Newsletter 210.70 1,655.07 3,500.00 3,500.00 1,844.93 52.7% 5370 .412 Equipment Maintenance & Licenses - - - - - N/A 5380 .412 Training/Membership PRELIMINARY 116.94 8,747.08 20,000.00 20,000.00 11,252.92 56.3% 5381 .412 Dues/Membership 425.00 2,329.93 4,000.00 4,000.00 1,670.07 41.8% 5395 .412 Ammunition - - 2,600.00 2,600.00 2,600.00 100.0% 5455 .412 Computer 10,784.89 31,527.87 19,800.00 19,800.00 (11,727.87) -59.2% 5475 .412 Equipment Purchase 90.47 2,309.73 10,000.00 10,000.00 7,690.27 76.9% 5480 .412 Radio/Radar 127.00 2,085.35 4,000.00 4,000.00 1,914.65 47.9% 5500 .412 Contract Services - 10,861.57 8,500.00 8,500.00 (2,361.57) -27.8% 5670 .412 Prisoner Care - - 3,000.00 3,000.00 3,000.00 100.0% 5700 .412 Office Supplies 317.15 2,526.99 6,750.00 6,750.00 4,223.01 62.6% 5715 .412 Photography - - - - - N/A 5720 .412 Miscellaneous - 136.00 2,500.00 2,500.00 2,364.00 94.6% 5780 .412 Car Expense 1,665.23 29,233.67 40,284.00 40,284.00 11,050.33 27.4% 5900 .412 Capital Outlay - 2,240.00 15,500.00 15,500.00 13,260.00 85.5% 5911 .412 Transfer to Equipment Rsv. - 25,000.00 25,000.00 25,000.00 - 0.0%
Total Police 125,479.43 1,108,335.13 1,358,186.00 1,358,186.00 249,850.87 18.4%
MILLER MANAGEMENT 6 City of Fairway Statement of Activities General Operating Fund For the 12 Months Ended 12/31/2020
Unencumbered % Current Month Year to Date Budget to Date Annual Budget Balance Remaining
Public Works 5010 .413 Salaries 43,683.98 328,621.04 319,160.00 319,160.00 (9,461.04) -3.0% 5020 .413 Overtime 310.14 6,223.86 15,423.00 15,423.00 9,199.14 59.6% 5030 .413 Payroll Taxes-Employer 3,222.90 23,936.86 25,596.00 25,596.00 1,659.14 6.5% 5090 .413 Retirement 3,219.62 41,018.41 43,750.00 43,750.00 2,731.59 6.2% 5200 .413 Uniforms - 2,476.16 2,500.00 2,500.00 23.84 1.0% 5230 .413 Utilities 2,550.13 22,217.34 24,800.00 24,800.00 2,582.66 10.4% 5260 .413 Health Insurance 6,377.12 74,808.18 70,158.00 70,158.00 (4,650.18) -6.6% 5320 .413 Consultant/Engineering - 6,000.00 40,500.00 40,500.00 34,500.00 85.2% 5330 .413 Building Maintenance 205.78 3,014.35 3,000.00 3,000.00 (14.35) -0.5% 5370 .413 Equipment Maintenance & Licenses 789.09 5,176.03 15,000.00 15,000.00 9,823.97 65.5% 5380 .413 Training/Membership - 1,447.53 6,500.00 6,500.00 5,052.47 77.7% 5472 .413 Equipment Rental - 680.00 1,000.00 1,000.00 320.00 32.0% 5510 .413 Tree Board - 2,415.00 2,500.00 2,500.00 85.00 3.4% 5520 .413 Salt - 10,216.08 20,440.00 20,440.00 10,223.92 50.0% 5550 .413 Street Repair - 18,499.20 20,000.00 20,000.00 1,500.80 7.5% 5570 .413 Tree Expense 1,525.00 47,700.00 55,588.00 55,588.00 7,888.00 14.2% 5580 .413 Street Lights 9,345.83 104,232.22 144,500.00 144,500.00 40,267.78 27.9% 5585 .413 Crack Sealing - - - - - N/A 5700 .413 Office Supplies - 756.13 1,650.00 1,650.00 893.87 54.2% 5720 .413 Miscellaneous 11.96 127.16 350.00 350.00 222.84 63.7% 5760 .413 Dump Fees 669.92 2,177.24 7,500.00 7,500.00 5,322.76 71.0% 5770 .413 Materials/Supplies 5,423.86 20,982.24 20,500.00 20,500.00 (482.24) -2.4% 5780 .413 Car Expense 844.30 10,601.24 20,000.00 20,000.00 9,398.76 47.0% 5783 .413 Lease/Purchase Payments - - - - - N/A 5800 .413 Street Signs - 175.93 3,500.00 3,500.00 3,324.07 95.0% 5900 .413 Capital Outlay 2,762.01 6,626.01 6,500.00 6,500.00 (126.01) -1.9% 5940 .413 Debt Service - GO Bonds 2010 & 2012 - 103,707.00 103,707.00 103,707.00 - 0.0%
Total Public Works 80,941.64 843,835.21 974,122.00 974,122.00 130,286.79 13.4%
Court 5010 .414 Salaries 9,546.51 83,109.72 56,000.00 56,000.00 (27,109.72) -48.4% 5020 .414 Overtime - - 1,500.00 1,500.00 1,500.00 100.0% 5030 .414 Payroll Taxes-Employer 696.01 5,996.20 4,296.00 4,296.00 (1,700.20) -39.6% 5090 .414 Retirement 413.48 5,363.19 7,644.00 7,644.00 2,280.81 29.8% 5260 .414 Health Insurance 1,248.84 14,752.48 6,600.00 6,600.00 (8,152.48) -123.5% 5350 .414 Legal Fees - 1,772.75 3,000.00 3,000.00 1,227.25 40.9% 5381 .414 Dues/Membership - 685.66 250.00 250.00 (435.66) -174.3% 5640 .414 Driver License Reinstatement - - - - - N/A 5660 .414 Law Enforcement Training - - - - - N/A 5670 .414 Prisoner Care - 795.00 1,000.00 1,000.00 205.00 20.5% 5700 .414 Office Supplies - 329.05 - - (329.05) N/A 5720 .414 Miscellaneous PRELIMINARY 159.00 617.88 249.96 249.96 (367.92) -147.2% Total Court 12,063.84 113,421.93 80,539.96 80,539.96 (32,881.97) -40.8%
Parks & Recreation 5010 .415 Salaries 19,184.79 137,812.22 358,668.00 358,668.00 220,855.78 61.6% 5020 .415 Overtime - - - - - N/A 5030 .415 Payroll Taxes-Employer 1,411.76 9,885.86 27,439.00 27,439.00 17,553.14 64.0% 5090 .415 Retirement 1,408.76 16,235.30 17,586.00 17,586.00 1,350.70 7.7% 5200 .415 Uniforms - 230.00 5,000.00 5,000.00 4,770.00 95.4% 5230 .415 Utilities 2,015.38 17,219.92 44,000.00 44,000.00 26,780.08 60.9% 5260 .415 Health Insurance 2,486.10 26,687.24 28,619.00 28,619.00 1,931.76 6.7% 5380 .415 Training/Membership - 2,224.88 10,500.00 10,500.00 8,275.12 78.8% 5420 .415 Reimbursed Expenditures - 116.37 900.00 900.00 783.63 87.1% 5605 .415 Maintenance 315.00 10,748.84 26,500.00 26,500.00 15,751.16 59.4% 5610 .415 Operating Supplies 196.09 4,645.45 11,000.00 11,000.00 6,354.55 57.8%
MILLER MANAGEMENT 7 City of Fairway Statement of Activities General Operating Fund For the 12 Months Ended 12/31/2020
Unencumbered % Current Month Year to Date Budget to Date Annual Budget Balance Remaining 5630 .415 Taxes 4,028.71 10,420.65 12,500.00 12,500.00 2,079.35 16.6% 5718 .415 Credit Card Fees 36.78 1,357.16 7,000.00 7,000.00 5,642.84 80.6% 5720 .415 Miscellaneous - 39.00 200.00 200.00 161.00 80.5% 5820 .415 Chemicals - - 14,000.00 14,000.00 14,000.00 100.0% 5830 .415 Landscaping 1,414.32 4,349.32 4,500.00 4,500.00 150.68 3.3% 5840 .415 Facility Rental Supplies - 3,789.04 7,000.00 7,000.00 3,210.96 45.9% 5850 .415 Publicity/Memberships 262.30 3,864.01 6,500.00 6,500.00 2,635.99 40.6% 5860 .415 Swim Team Expenditures - 200.00 3,300.00 3,300.00 3,100.00 93.9% 5870 .415 Concession Supplies - 2,099.06 29,000.00 29,000.00 26,900.94 92.8% 5900 .415 Capital Outlay - 9,491.00 30,000.00 30,000.00 20,509.00 68.4% 5920 .415 Concerts/Programming 919.94 7,727.60 32,000.00 32,000.00 24,272.40 75.9% 5925 .415 Transfer to SIM Fund - - - - - N/A 5931 .415 Special Events 1,452.62 1,896.12 6,000.00 6,000.00 4,103.88 68.4%
Total Parks & Recreation 35,132.55 271,039.04 682,212.00 682,212.00 411,172.96 60.3%
Interfund Transfers 5910 .420 Transfer of Funds 800,000.00 800,000.00 271,151.00 271,151.00 (528,849.00) -195.0% 5911 .420 Transfer to Equipment Rsv. - - 10,000.00 10,000.00 10,000.00 100.0% 5912 .420 Transfer to SIM Fund 15,000.00 30,000.00 37,000.00 37,000.00 7,000.00 18.9% 5913 .420 Transfer to Debt Service Fund - - - - - N/A
Total Interfund Transfers 815,000.00 830,000.00 318,151.00 318,151.00 (511,849.00) -160.9%
Total Expenditures 1,212,294.75 4,588,271.43 4,954,773.96 4,954,773.96 366,502.53 7.4%
Change in Fund Balance $ (922,389.38) $ 292,898.90 $ (81.96) $ (81.96) $ (292,980.86)
Total GF Reserves Change in Fund Balance w/o Cash Carryforward (including Reserves) $ (106,155.85) $ (110,506.22) $ 4,350.37 Beginning Fund Balance 1,011,145.37 663,739.61 347,405.76 Ending Fund Balance $ 904,989.52 $ 553,233.39 $ 351,756.13
PRELIMINARY
MILLER MANAGEMENT 8 City of Fairway Statement of Activities General Fund Reserves - 110 For the 12 Months Ended 12/31/2020
Unencumbered Current Month Year to Date Budget to Date Annual Budget Balance Revenues 4000.110 Cash Carryforward $ - $ 347,405.73 $ - $ - $ (347,405.73) 4740.110 Interest on Investments 73.69 4,350.37 - - (4,350.37) 4800.110 Transfer of Funds - - - - - Total Revenues 73.69 351,756.10 - - (351,756.10)
Expenditures 5950.110 Contingency - General Fund Reserves - - - - - Total Expenditures - - - - -
Change in Fund Balance $ 73.69 $ 351,756.10 $ - $ - $ (351,756.10)
PRELIMINARY
MILLER MANAGEMENT 9 City of Fairway Statement of Activities Special Highway - 520 For the 12 Months Ended 12/31/2020
Unencumbered Current Month Year to Date Budget to Date Annual Budget Balance Revenues 4000.520 Cash Carryforward $ - $ 90,288.55 $ 65,583.31 $ 65,583.31 $ (24,705.24) 4726.520 Special Highway Revenue - 103,104.95 107,690.00 107,690.00 4,585.05 4760.520 Miscellaneous - - - - - Total Revenues - 193,393.50 173,273.31 173,273.31 (20,120.19)
Expenditures 5500.520 Contract Services - - - - - 5680.520 Street Repairs/Improvements - 48,488.00 125,000.00 125,000.00 76,512.00 5681.520 CIP Street Projects - - - - - 5705.520 Cash Reserve - - 48,273.31 48,273.31 48,273.31 5910.520 Transfer of Funds - - - - - Total Expenditures - 48,488.00 173,273.31 173,273.31 124,785.31
Change in Fund Balance $ - $ 144,905.50 $ - $ - $ (144,905.50)
Change in Fund Balance without Cash Carryforward $ 54,616.95 Beginning Fund Balance 118,127.82
Ending Fund Balance $ 172,744.77
PRELIMINARY
MILLER MANAGEMENT 10 City of Fairway Statement of Activities Storm Water Utility - 540 For the 12 Months Ended 12/31/2020
Unencumbered Current Month Year to Date Budget to Date Annual Budget Balance Revenues 4000.540 Cash Carryforward $ - $ 24,395.28 $ 17,638.88 $ 17,638.88 $ (6,756.40) 4770.540 Stormwater Utility Revenue - 249,606.85 248,000.00 248,000.00 (1,606.85) Total Revenues - 274,002.13 265,638.88 265,638.88 (8,363.25)
Expenditures 5017.540 Stormwater Projects 3,326.68 17,811.68 125,000.00 125,000.00 107,188.32 5205.540 Bond Payment - 99,813.00 99,813.00 99,813.00 - 5705.540 Cash Reserve - - 13,090.25 13,090.25 13,090.25 5720.540 Miscellaneous - 27,735.63 27,735.63 27,735.63 - Total Expenditures 3,326.68 145,360.31 265,638.88 265,638.88 120,278.57
Change in Fund Balance $ (3,326.68) $ 128,641.82 $ - $ - $ (128,641.82)
Change in Fund Balance without Cash Carryforward $ 104,246.54 Beginning Fund Balance 24,395.28
Ending Fund Balance $ 128,641.82
PRELIMINARY
MILLER MANAGEMENT 11 City of Fairway Statement of Activities Debt Service Fund - 660 For the 12 Months Ended 12/31/2020
Unencumbered Current Month Year to Date Budget to Date Annual Budget Balance Revenues 4000.660 Cash Carryforward $ - $ 68,046.51 $ 47,131.64 $ 47,131.64 $ (20,914.87) 4005.660 Advalorem Tax - 168,380.66 120,934.28 120,934.28 (47,446.38) 4010.660 Back Tax - 634.87 1,125.60 1,125.60 490.73 4020.660 Local Sales Tax 25,482.14 148,842.55 135,000.00 135,000.00 (13,842.55) 4050.660 Motor Vehicle Tax - 10,295.67 3,219.29 3,219.29 (7,076.38) 4060.660 Rec Vehicle Tax/Commercial Vehicle Tax - 76.63 40.04 40.04 (36.59) 4063.660 Telecom Slider Tax - - - - - 4740.660 Interest on Investments - - - - - 4760.660 Miscellaneous - - - - - Total Revenues 25,482.14 396,276.89 307,450.85 307,450.85 (88,826.04)
Expenditures 5205.660 Bond Payment - 161,322.00 161,322.00 161,322.00 - 5206.660 Bond Payment - 2016A GO - 103,887.00 103,887.00 103,887.00 - 5207.660 Bond Payment- 2019 A - 63,739.94 63,740.00 63,740.00 0.06 5706.660 Sales Tax Cash Reserve - - 24,231.35 24,231.35 24,231.35 5720.660 Miscellaneous - - - - - Total Expenditures - 328,948.94 353,180.35 353,180.35 24,231.41
Change in Fund Balance $ 25,482.14 $ 67,327.95 $ (45,729.50) $ (45,729.50) $ (113,057.45)
Change in Fund Balance without Cash Carryforward $ (718.56) Beginning Fund Balance 95,125.53
Ending Fund Balance $ 94,406.97
PRELIMINARY
MILLER MANAGEMENT 12 City of Fairway Statement of Activities 2014 Sales Tax Fund For the 12 Months Ended 12/31/2020
Unencumbered Current Month Year to Date Budget to Date Annual Budget Balance
Revenues 4000.665 Cash Carryforward $ - $ 76,608.91 56,899.31 56,899.31 (19,709.60) 4020.665 Local Sales Tax 50,964.29 297,685.14 275,000.00 275,000.00 (22,685.14) Total Revenues 50,964.29 374,294.05 331,899.31 331,899.31 (42,394.74)
Expenditures 5782.665 Lease/Purchase Payment PW Facility - 100,214.12 100,215.00 100,215.00 0.88 5901.665 Capital Outlay - - 200,000.00 200,000.00 200,000.00 5941.665 Bond Payment - 2014A GO - 57,751.25 57,750.00 57,750.00 (1.25) 5942.665 Bond Payment - 2015A GO - 92,417.50 92,418.00 92,418.00 0.50 5952.665 Sales Tax Reserve - - 41,776.46 41,776.46 41,776.46 Total Expenditures - 250,382.87 492,159.46 492,159.46 241,776.59
Change in Fund Balance $ 50,964.29 $ 123,911.18 $ (160,260.15) $ (160,260.15) $ (284,171.33)
Change in Fund Balance without Cash Carryforward $ 47,302.27 Beginning Fund Balance 130,767.63
Ending Fund Balance $ 178,069.90
PRELIMINARY
MILLER MANAGEMENT 13 City of Fairway Statement of Activities Equipment Reserve Fund - 750 For the 12 Months Ended 12/31/2020
Unencumbered Current Month Year to Date Budget to Date Annual Budget Balance Revenues 4000.750 Cash Carryforward $ - $ 465,000.00 $ 65,000.00 $ 65,000.00 $ (400,000.00) 4810.750 Transfer from General Fund 100,000.00 100,000.00 10,000.00 10,000.00 (90,000.00) 4812.750 Transfer from PD - - - - - 4820.750 Transfer from PD Budget - 25,000.00 25,000.00 25,000.00 - Total Revenues 100,000.00 590,000.00 100,000.00 100,000.00 (490,000.00)
Expenditures 5475.750 Equipment Purchase - - - - - Total Expenditures - - - - -
Change in Fund Balance $ 100,000.00 $ 590,000.00 $ 100,000.00 $ 100,000.00 $ (490,000.00)
Change in Fund Balance without Cash Carryforward $ 125,000.00 Beginning Fund Balance 465,000.00
Ending Fund Balance $ 590,000.00
PRELIMINARY
MILLER MANAGEMENT 14 City of Fairway Statement of Activities Shawnee Indian Mission Fund - 760 For the 12 Months Ended 12/31/2020
Unencumbered Current Month Year to Date Budget to Date Annual Budget Balance Revenues 4000.760 Cash Carryforward $ - $ 4,673.76 $ - $ - $ (4,673.76) 4410.760 Programs/Events - 2,253.00 10,000.00 10,000.00 7,747.00 4412.760 Tours/Admissions 250.00 1,442.00 4,500.00 4,500.00 3,058.00 4415.760 Facility Rental - 60.00 1,000.00 1,000.00 940.00 4420.760 SIM Foundation - 68,269.00 68,269.00 68,269.00 - 4425.760 KSHS - - - - - 4430.760 Donations - 250.00 150.00 150.00 (100.00) 4800.760 Transfer of Funds 15,000.00 30,000.00 36,760.00 36,760.00 6,760.00 Total Revenues 15,250.00 106,947.76 120,679.00 120,679.00 13,731.24
Expenditures 5010.760 Salaries 7,344.64 58,001.07 54,988.00 54,988.00 (3,013.07) 5020.760 Overtime - - - - - 5030.760 Payroll Taxes-Employer 559.04 4,247.34 4,207.00 4,207.00 (40.34) 5090.760 Retirement 581.94 6,807.66 7,484.00 7,484.00 676.34 5200.760 Uniforms - 227.25 200.00 200.00 (27.25) 5230.760 Utilities 2,541.81 19,150.28 25,000.00 25,000.00 5,849.72 5260.760 Health Insurance - 76.20 - - (76.20) 5330.760 Building Maintenance - - - - - 5380.760 Training/Membership - - - - - 5605.760 Maintenance 995.00 13,486.64 20,000.00 20,000.00 6,513.36 5610.760 Operating Supplies 57.95 176.59 500.00 500.00 323.41 5700.760 Office Supplies - 264.00 - - (264.00) 5850.760 Publicity/Memberships - 40.00 300.00 300.00 260.00 5920.760 Concerts/Programming - 973.17 8,000.00 8,000.00 7,026.83 Total Expenditures 12,080.38 103,450.20 120,679.00 120,679.00 17,228.80
Change in Fund Balance $ 3,169.62 $ 3,497.56 $ - $ - $ (3,497.56)
Change in Fund Balance without Cash Carryforward $ (1,176.20) Beginning Fund Balance 2,387.51 Ending Fund BalancePRELIMINARY$ 1,211.31
MILLER MANAGEMENT 15 City of Fairway Statement of Activities Special Parks & Recreation Fund - 770 For the 12 Months Ended 12/31/2020
Unencumbered Current Month Year to Date Budget to Date Annual Budget Balance Revenues 4000.770 Cash Carryforward $ - $ 18,166.01 $ 13,202.36 $ 13,202.36 $ (4,963.65) 4280.770 Local Alcoholic Liquor 64.04 6,124.60 17,521.00 17,521.00 11,396.40 Total Revenues 64.04 24,290.61 30,723.36 30,723.36 6,432.75
Expenditures 5305.770 Park Improvements - 8,830.00 20,000.00 20,000.00 11,170.00 5705.770 Cash Reserve - - 8,923.36 8,923.36 8,923.36 Total Expenditures - 8,830.00 28,923.36 28,923.36 20,093.36
Change in Fund Balance $ 64.04 $ 15,460.61 $ 1,800.00 $ 1,800.00 $ (13,660.61)
Change in Fund Balance without Cash Carryforward $ (2,705.40) Beginning Fund Balance 18,166.01
Ending Fund Balance $ 15,460.61
PRELIMINARY
MILLER MANAGEMENT 16 City of Fairway Statement of Activities Fairway Tree Fund - 780 For the 12 Months Ended 12/31/2020
Unencumbered Current Month Year to Date Budget to Date Annual Budget Balance Revenues 4000.780 Cash Carryforward $ - $ 25,188.00 42,975.00 42,975.00 $ 17,787.00 4772.780 Tree Protection Fees - 4,175.00 - - (4,175.00) Total Revenues - 29,363.00 42,975.00 42,975.00 13,612.00
Expenditures 5306.780 Tree Expenses - 18,900.00 42,975.00 42,975.00 24,075.00 5705.780 Cash Reserve - - 3,030.00 3,030.00 3,030.00 Total Expenditures - 18,900.00 46,005.00 46,005.00 27,105.00
Change in Fund Balance $ - $ 10,463.00 $ (3,030.00) $ (3,030.00) $ (13,493.00)
Change in Fund Balance without Cash Carryforward $ (14,725.00) Beginning Fund Balance 25,188.00
Ending Fund Balance $ 10,463.00
PRELIMINARY
MILLER MANAGEMENT 17 City of Fairway Statement of Activities Federal Grant Fund - 800 For the 12 Months Ended 12/31/2020
Unencumbered Current Month Year to Date Budget to Date Annual Budget Balance Revenues 4000.800 Cash Carryforward $ - $ - - - $ - 4790.800 Federal Grant Proceeds 116,056.71 122,934.29 - - (122,934.29) Total Revenues 116,056.71 122,934.29 - - (122,934.29)
Expenditures 5895.800 Federal Grant Expenses 94.52 61,466.58 - - (61,466.58) Total Expenditures 94.52 61,466.58 - - (61,466.58)
Change in Fund Balance $ 115,962.19 $ 61,467.71 $ - $ - $ (61,467.71)
Change in Fund Balance without Cash Carryforward $ 61,467.71 Beginning Fund Balance -
Ending Fund Balance $ 61,467.71
PRELIMINARY City of Fairway Statement of Activities Drug Tax Fund - 880 For the 12 Months Ended 12/31/2020
Unencumbered Current Month Year to Date Budget to Date Annual Budget Balance Revenues 4000.880 Cash Carryforward $ - $ 1.00 $ 1.00 $ 1.00 $ - 4775.880 Drug Tax Revenue - - - - - Total Revenues - 1.00 1.00 1.00 -
Expenditures 5930.880 Law Enforcement - - - - - Total Expenditures - - - - -
Change in Fund Balance $ - $ 1.00 $ 1.00 $ 1.00 $ -
Change in Fund Balance without Cash Carryforward $ - Beginning Fund Balance 1.00
Ending Fund Balance $ 1.00
PRELIMINARY
MILLER MANAGEMENT 19 City of Fairway Statement of Activities General Capital Improvement Funds held in General Fund - 900's For the 12 Months Ended 12/31/2020
Unencumbered Current Month Year to Date Budget to Date Annual Budget Balance
General Capital Improvement Funds
Revenue 4000.900 Cash Carryforward $ - $ 397,867.62 $ 158,714.06 $ 158,714.06 $ (239,153.56) 4020.900 Local Sales Tax 25,482.14 148,842.55 126,000.00 126,000.00 (22,842.55) 4800.900 Transfer of Funds - 7,208.05 - - (7,208.05) 4810.900 Transfer from General Fund 700,000.00 700,000.00 271,151.00 271,151.00 (428,849.00) Total Revenue 725,482.14 1,253,918.22 555,865.06 555,865.06 (698,053.16)
Expenses 5875.900 Capital Projects 7,022.88 198,036.33 555,865.06 555,865.06 357,828.73 5892.900 Architect/Engineering Fees - 18,120.00 - - (18,120.00) Total Expenses 7,022.88 216,156.33 555,865.06 555,865.06 339,708.73
Change in Fund Balance $ 718,459.26 $ 1,037,761.89 $ - $ - (1,037,761.89)
Change in Fund Balance without Cash Carryforward $ 639,894.27 Beginning Fund Balance 424,945.86
Ending Fund Balance $ 1,064,840.13
City Hall Renovations Fund
Revenue 4000.904 Cash Carryforward $ - $ 7,857.16 $ - $ - $ (7,857.16) 4760.904 Miscellaneous - - - - - Total Revenue - 7,857.16 - - (7,857.16)
Expenses 5891.904 Construction Fees - - - - - 5892.904 Architect/Engineering Fees - - - - - 5894.904 Contracted Services - 649.00 - - (649.00) 5910.904 Transfer of Funds - 7,208.05 - - (7,208.05) Total Expenses - 7,857.05 - - (7,857.05)
Change in Fund BalancePRELIMINARY$ - $ 0.11 $ - $ - (0.11)
Change in Fund Balance without Cash Carryforward $ (7,857.05) Beginning Fund Balance 7,857.05
Ending Fund Balance $ -
MILLER MANAGEMENT 20 NOTE, THESE MINUTES ARE NOT FOR PUBLIC DISSEMINATION UNTIL THEY HAVE BEEN APPROVED BY THE FAIRWAY CITY COUNCIL.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF FAIRWAY, KANSAS
The Council of the City of Fairway, Kansas, held their regular meeting at via telephone and video conference on Monday, December 14, 2020. The meeting was called to order at 7:30 P.M.
Present: Council Members Jenna Brofsky, David Watkins, Tom Cotter, Kelly-Ann Buszek, Jason Rogers, Dan Bailey, Joe Levin and Tanya Keys (all via Zoom video conference).
Absent: None.
Presiding: Mayor Melanie Hepperly (via Zoom video conference).
Staff Present: Nathan Nogelmeier, City Administrator; Richard Cook, City Attorney; David Brown, Police Chief; Bill Stogsdill, Public Works Director; Kim Young, City Clerk (all via Zoom video conference).
Visitors: Kevin Wempe, Gilmore and Bell, 2405 Grand Boulevard, Kansas City, Missouri; Brian Douglas, Platform Ventures, 5349 Mission Woods Road, Mission Woods, Kansas; Julie Fern, 6145 Catalina Street; Lisa Engelken, 4600 W. 62nd Terrace; Martha Grisham, 5710 Lockton Lane (all via Zoom video conference).
CALL TO ORDER AND ANNOUNCEMENTS
Mayor Hepperly announced that Item D under New Business related to Ordinance #1726 concerning the Uniform Public Offense Code will be removed from the Agenda to be discussed at the January 11, 2021 Council Meeting.
City Administrator Nogelmeier outlined the virtual meeting rules. During the meeting, all attendees will have their video and audio disabled; however, attendees will be able to hear and see the members of the Council and staff.
During the New Business portion of the meeting, the Mayor will call on staff to present their report on each agenda item. Following the report and discussion with the Governing Body, the Mayor will ask for public comment for that specific agenda item. Members of the public wanting to comment should use the raise hand option on their screen to alert the Zoom facilitator that they want to comment. The facilitator will share the individual’s audio and video with the Council. At the conclusion of the discussion for each agenda item, the applicant will be placed back into attendee mode with their ability to share video and audio disabled.
Fairway City Council Minutes December 14, 2020
This process will continue for each of the New Business items. He requested that the public be prepared to give their first and last name and address for the public record.
Proper meeting decorum is expected of all in attendance at the meeting and anyone who fails to act properly, may be removed from the meeting. The City reserves the right to discontinue a meeting if any improper behavior occurs, which prevents the uninterrupted conduct of business.
He reminded Councilmembers to identify themselves, including whether they are making a motion or simply contributing to the discussion. This requirement is per the guidance from the Kansas Attorney General to be compliant with the Kansas Open Meetings Act. All votes will be roll call votes after the motion has been made a seconded.
City Administrator Nogelmeier called the attendance.
MONTHLY REPORTS OF STANDING COMMITTEES
CONSOLIDATED FIRE DISTRICT NO. 2, CHIEF LOPEZ
Mayor Hepperly referred to the report in the packet subject to questions.
ADMINISTRATION COMMITTEE, MR. WATKINS
Monthly Report
Councilman Watkins reported that the Administration Committee met on December 1, 2020. The Committee discussed four primary topics, one of which will be brought forward during New Business concerning the revisions to the fee schedules for 2021.
City Administrator Nogelmeier referred the Council to the report in the packet subject to questions.
Councilwoman Brofsky asked if the Committee had considered conducting a survey regarding signs. She would like to get resident feedback concerning on the issue.
Councilman Watkins responded that the Committee did not discuss conducting a survey concerning the sign Ordinance. He explained that the City can regulate the number, size and location of them but not the content. Based on the feedback received from residents, he believes the number of signs allowed is sufficient.
Mayor Hepperly added that residents are welcome to attend and express their opinions at any Committee meeting.
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Fairway City Council Minutes December 14, 2020
Responding to Councilman Bailey’s question regarding the Community Development Director job, City Administrator Nogelmeier stated the City has been without a Building Inspector/Codes Administrator for over a year. The position was advertised on two separate occasions and did not receive interest from any qualified candidates. After reviewing similar positions at other cities, staff decided that it might be best to separate the building official responsibilities from the code enforcement. Assigning the code enforcement responsibilities to the new Community Service Officer position will allow time for the Community Development Director to focus on plan reviews, Planning Commission matters, permits, inspections and zoning/code research.
POLICE COMMITTEE, MS. KEYS
Monthly Report
Councilwoman Keys reported that the Police Committee met on November 17, 2020 and does not plan to meet in December.
Chief Brown referred the Council to the report in the packet, subject to questions. He stated Sargent Funkhouser recently graduated from the University of Kansas Law Enforcement Leadership Academy’s Command School.
Chief Brown also reported that an offer has been extended to a candidate for the CSO position and he is optimistic that the offer will be accepted.
PUBLIC WORKS COMMITTEE, MS. BUSZEK
Monthly Report
Councilwoman Buszek reported that the Public Works Committee did not meet in November.
Director Stogsdill referred the Council to the report in the packet subject to questions. He discussed the street sweeping progress, indicating that they will make one more pass through the City.
PARKS AND RECREATION COMMITTEE, MR. COTTER
Monthly Report
Councilman Cotter reported that the Parks and Recreation Committee did not meet in November. As indicated in the report, staff has been quite busy.
City Administrator Nogelmeier noted the success of the Santa’s Workshop and thanked Recreation Supervisor Vickie Tillery and Public Works for their assistance in constructing the workshop. The event was held at the Pool House and setup so only one family was in the building at a time.
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Fairway City Council Minutes December 14, 2020
FINANCE COMMITTEE, MR. LEVIN
Monthly Report
Councilman Levin reported that the Finance Committee met on December 2, 2020. The major topic of conversation was the Community Improvement District that will be discussed later under New Business.
City Administrator Nogelmeier referred to the report in the packet subject to questions. He explained that the Committee reviewed the cash on hand. Once the pandemic hit, the City took measures to reduce expenditures. If the December financials remain steady, a $700,000 transfer is planned to the Capital Improvement Fund. This fund is used for infrastructure projects and equipment purchases. The City plans to transfer $100,000 into the Reserve Fund to meet the target reserve percentage of the General Fund, which is about 20 percent. These funds will be unrestricted and allow the City to transfer those monies to cover operational costs if needed.
MONTHLY REPORTS OF SPECIAL COMMITTEES
No report.
APPROVAL OF CONSENT AGENDA
Mayor Hepperly outlined the four items on the Consent Agenda. The Consent Agenda items include the following: (A) Minutes of Previous Regular City Council Meeting; (B) Claims and Appropriations – Ordinance #1725 – November 2020; (C) 2021 Holiday Schedule; (D) Mayoral Appointments to Planning Commission and Board of Zoning Appeals.
Mayor Hepperly discussed her mayoral appointments. She stated that Jeremy Deeken is being appointed to the Planning Commission. Mr. Deeken is a real estate attorney who has been in practice since 2011. William Stafford will be appointed to the Board of Zoning Appeals. Mr. Stafford is retired and has completed a professional career as a civil and geotechnical engineer. His most recent employment was with Cook Flatt and Strobel Engineers from 2008 to 2019. Staff is familiar with Mr. Stafford as he was involved in the new Public Works building project.
Mayor Hepperly reported there is an opening on the Planning Commission. She asked for anyone interested to submit an interest form at City Hall.
Mayor Hepperly asked for public comment on the Consent Agenda items. Hearing none, she asked for discussion from the Council.
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Fairway City Council Minutes December 14, 2020
Councilwoman Brofsky noted that there is only one resident of Ward 4 on the Planning Commission and she requested that residents of Ward 4 apply.
Responding to Councilwoman Brofsky’s question concerning personal days shown on the holiday schedule, City Administrator Nogelmeier stated that the number of personal days has not been reduced for employees. The number of personal days allowed is dependent on how the holidays fall on the calendar.
Mayor Hepperly asked for further discussion from the Council. Hearing none, she asked for a motion.
Councilman Cotter moved that the Council approve Items A through D on the Consent Agenda. Councilman Watkins seconded the motion.
City Administrator Nogelmeier requested a roll call vote.
The motion carried unanimously.
NEW BUSINESS
A. Consider Right-of-Way Agreement with Chase Bank.
Director Stogsdill stated the Right-of-Way Agreement will give Chase Bank permission to extend their sump pump discharge through the right-of-way so and terminate in the storm box outside of Hen House. The discharge is currently going to Shawnee Mission Parkway. The agreement will allow Chase Bank to operate a facility within the City’s right-of-way, similar telecommunication companies’ facilities.
Mayor Hepperly asked for discussion from the Council.
Responding to Councilman Bailey’s question, Director Stogsdill stated that the City is allowing the discharge into a storm drain because the current discharge is causing a nuisance with water collecting on Shawnee Mission Parkway.
Mayor Hepperly asked for public comment on this item. Hearing none, she closed the public comment with respect to this item.
Mayor Hepperly asked for a motion.
Councilman Levin moved that the Council approve the Right-of-Way Agreement with Chase Bank. Councilman Bailey seconded the motion.
City Administrator Nogelmeier requested a roll call vote.
The motion carried unanimously.
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B. Consider Resolution 2020-C, A Resolution of the Governing Body of the City of Fairway, Kansas, Updating the Master Fee Schedule for the City.
Councilman Watkins reported that the master fee schedule updates were discussed at the Administration Committee meeting on December 1, 2020. The City continually reviews if the fees assessed are sufficient to cover the costs incurred by the City. Currently, the fees charged by IBTS for plan reviews and inspections are more than the fees the City is collecting from permittees. Staff has evaluated the fee schedule and made changes to capture the costs the City incurred by the City.
City Administrator Nogelmeier explained that the contractual relationship with IBTS. City Clerk Young and Assistant City Clerk Aldridge conducted an exhaustive search of fees charged by other cities to ensure that Fairway’s fees are within the same range.
Councilman Watkins clarified these costs are not just third-party costs but also for staff time.
City Administrator Nogelmeier added that the costs for staff time for protective tree fencing and silt erosion control inspections were not reflected in the building permit fees and have now been included.
Responding to Councilwoman Brofsky’s question, City Administrator Nogelmeier explained that the special category for commercial entities to rent the shelter has been eliminated as there has been no such use. If a commercial entity requests rental of the shelter, they will be charged the non-resident rate.
Mayor Hepperly asked if there was further discussion from the Council. Hearing none, she asked for public comment on this item. Hearing none, she closed the public comment on this item.
Mayor Hepperly asked for further discussion from the Council. Hearing none, she asked for a motion.
Councilman Watkins moved that the Council approve Resolution 2020-C, a Resolution of the Governing Body of the City of Fairway, Kansas, updating the Master Fee Schedule for the City. Councilwoman Keys seconded the motion.
City Administrator Nogelmeier requested a roll call vote.
The motion carried unanimously with one abstention.
C. Consider Government Enforcement Services Agreement for Johnson County Local Health Officer Orders and County Board of Health Orders.
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City Administrator Nogelmeier explained that the Board of Johnson County Commissioners, sitting as the Board of Public Health, adopted a Public Health Order regarding social distancing requirements and limitations on gatherings on November 13, 2020. Several weeks later, they passed a Resolution authorizing agreements with individual cities for enforcement. The Public Health Order is enforced by the Johnson County Court. If there is a concern about compliance, Johnson County will send out a code enforcement officer to conduct an investigation or educational opportunity with the business owner. The Agreement was drafted between the cities and the County allowing the County to enforce the Public Health Order. As with the previous orders, the emphasis is on education.
Fairway does not have establishments that are open until midnight. While there may not be much applicability in the City, Chief Brown and City Administrator Nogelmeier agree that it is the County’s responsibility to enforce the Public Health Order rather than local law enforcement. The Agreement can be terminated at any point by either party and if an additional Public Health Order is issued, a similar Agreement will be considered. Staff is supportive of entering into this Agreement.
Mayor Hepperly asked if there were questions for staff. Hearing none, she asked for further discussion from the Commission. Hearing none, she asked for public comment on this item. Hearing none, she closed public comment on this item.
Mayor Hepperly asked for a motion.
Councilwoman Brofsky moved that the Council approve the Government Enforcement Services Agreement for Johnson County Local Health Officer Orders and County Board of Health Orders. Councilman Cotter seconded the motion.
City Administrator Nogelmeier requested a roll call vote.
The motion carried unanimously.
D. Consider Ordinance #1726 – an Ordinance Relating to Public Offenses Within the Corporate Limits of the City of Fairway, Kansas, Incorporating by Reference the ‘Uniform Public Offense Code for Kansas Cities,” Edition of 2020, Amending and Repealing Certain Provisions of Existing Article II of Chapter 8, entitled “Uniform Public Offense Code” and Article III entitled “Drugs” of the Code of the City of Fairway, Kansas.
Mayor Hepperly reported that this item will be considered at the January 11, 2021 Council meeting.
E. PUBLIC HEARING – Consider Ordinance #1727 – an Ordinance Authorizing the Creation of the 55th and Parkway Community Improvement District in the City of Fairway, Kansas; Authorizing the Making of Certain Project Improvements
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Relating Thereto; approving the Estimated Costs of Such Project Improvements; Levying a Community Improvement District Sales Tax Within Such District; Providing for the Method of Financing the Same; and Authorizing the Execution of a Development Agreement.
Mayor Hepperly requested that when this item is opened for public comment, that those wishing to comment follow the City’s Public Comment Policy, which limits comments to four minutes.
Mayor Hepperly opened the public hearing on this item. She asked Kevin Wempe of Gilmore and Bell to discuss this item.
Kevin Wempe, Gilmore and Bell, 2405 Grand Boulevard, explained that in November the Council adopted a Resolution calling for a Public Hearing for consideration of the Community Improvement District (CID) and levying a sales tax. He has assisted the City with the statutory steps for the Public Hearing, including publication of the Resolution and notice delivered to property owners. The Council will consider an Ordinance to establish the CID. This will impose an additional 1.5 percent sales tax for a term of up to 22 years, or a shorter period as provided in the Development Agreement.
Mayor Hepperly asked if there were questions for Mr. Wempe. Hearing none, she asked Brian Douglas, from Platform Ventures, the developer on the project, to address the Council.
Brian Douglas, Platform Ventures, 5349 Mission Woods Road, Mission Woods, Kansas; explained that the request is for a CID, which will impose a 1.5 percent tax to be levied against the project. There are four primary justifications for this request. The first is that it will encourage development within the City and provide appropriate incentives to offset the outside risk in the current economic environment. Second, the request will help grow the City’s tax base. Third, the proposed CID will have no negative impact on the City’s current tax base. Finally, the project will revitalize a highly visible site within the City and remove existing blight.
Approval of the CID will result in upgrading of existing building stock, which will attract top shelf retailers and operators within the City limits and will have a positive effect on City revenues in the future. Mr. Douglas offered to respond to questions from the Council.
Mayor Hepperly stated that she received comments regarding the existing condition of properties at 4210 and 4220 Shawnee Mission Parkway, specifically the stairwell that is pulling away from the building that is visible from Shawnee Mission Parkway. While she understands those buildings are not related to the current project, those buildings are related to the developer and she asked Mr. Douglas to comment on plans to rectify the issues with the other buildings.
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Mr. Douglas responded that the developers would like to decouple the two projects even though they have shared ownership. Development of the former Stroud’s parcel is very much independent. He does understand the City’s concerns about the current condition of properties at 4210 and 4220 Shawnee Mission Parkway. He stated that they have owned the building for 3 ½ to 4 years and they have uncovered many deferred maintenance issues that they are hesitant to repair. They have communicated to the City their plans and believe they are moving towards a possible redevelopment of those buildings in the future. He would be happy to have discussions with the City concerning plans once they are solidified. Since they purchased the buildings, occupancy has gone down and that is deliberate. As tenant’s leases expire, they are not being renewed. Currently there are two tenants in the building so the redevelopment option is open and executable.
Mayor Hepperly responded that doesn’t mean that the building should be allowed to deteriorate.
Mr. Douglas stated that the developer has had good communication with the City in terms of the request and their response.
Mayor Hepperly also noted the importance of adhering to the construction schedule and timeline provided. She asked if Mr. Douglas had any concerns about meeting the timeline.
Mr. Douglas responded that the construction timeline outlined in the Development Agreement and does not believe there will be any problems with delivering the building by the end of 2021.
Mayor Hepperly asked for discussion from the Council.
Responding to Councilman Levin’s questions regarding securing tenants in addition to Starbucks, Mr. Douglas explained that the initial piece of marketing to fill the balance of the building was sent ten days ago. He does not have an update in terms of initial feedback.
Responding to Mayor Hepperly’s question, Mr. Douglas stated that they have a commitment from Starbucks but do not yet have a signed lease. Starbucks is not waiting on anything particular, but the pandemic has slowed down activity. He is confident that they will have a fully executed agreement with Starbucks within a very short time.
Responding to Councilwoman Brofsky’s question, Mr. Douglas stated that all contractors planned for the project are local from the Kansas City Metropolitan area. He said they just started formal marketing efforts for other tenants.
Councilwoman Brofsky indicated that as currently proposed, the Development Agreement would allow reimbursement for obtaining Leadership in Energy and
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Environmental Design (LEED) certification. She asked Mr. Douglas to discuss what the barrier is to the developer obtaining that core and shell certification.
Mr. Douglas responded there are several barriers to obtaining LEED certification. First, it is not economically feasible. Another important issue is the way the deal is structured with Starbucks. The agreement, although not finalized, is time dependent and requires the building to start going vertical within the next 60 to 90 days and completed by September 1, 2021. Any material deviations from the approved site plan will cause delays. The developer is willing to and has included several things in the initial plan as detailed on Exhibit J of the Development Agreement; however, obtaining full LEED certification is out of the cards at this point for the project.
Councilwoman Brofsky stated that her understanding is that for a building of this size, the core and shell certification would cost about $5,000. She does not understand how that would not be economically feasible.
Mr. Douglas believes that the $5,000 is the cost for the certification and does not account for the actual costs for building improvements. He understands costs to be between 15 and 25 percent of the project budget or $300,000 to $500,000.
Councilwoman Brofsky pointed out that under the current version of the Development Agreement, those extra costs could be reimbursable. She asked if that was Mr. Douglas’ understanding of the terms of the Agreement.
Mr. Douglas agreed that those additional building costs would be reimbursable; however, the more influential factor is assuring that they are able to deliver the building according to the timeline.
Councilwoman Buszek asked for clarification concerning the increase of 38 percent versus the 30 percent offered by the City.
Mr. Douglas responded that they had requested an increase of the overall dollars and the overall percentage. The cap is now set at $400,000 or approximately 30 percent of what they estimate to be reimbursable expenses. They have asked that the cap be increased to $450,000, or approximately 38 percent. The rationale is that the cap was not initially negotiated with the City. While he thinks a request for a cap is reasonable, when figuring in the City indemnifications, the funding reimbursement agreement in place, and the administrative fees, the $400,000 cap gets depleted quickly. Therefore, they have requested the increase from $400,000 to $450,000.
Discussion followed concerning what the Council is being asked to approve. City Administrator Nogelmeier explained that there are two separate items. The current item before the Council is the CID Petition. The Development Agreement outlines the dollar amount to be discussed during the next Agenda item.
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City Attorney Cook pointed out that Section 2 of the Ordinance approving the CID Petition, which is currently before the Council, does include the amount of the cap. If the Council wants to consider an adjustment to the cap, it should be addressed under this agenda item and again under the next agenda item related to the Development Agreement itself.
Councilman Watkins explained that if the CID and Development Agreement are interrelated, he thinks it makes sense to discuss them simultaneously. He would be uncomfortable approving the CID before considering the Development Agreement when the caps and percentages have not been finalized.
Mr. Wempe explained that there is interrelation between the Ordinance and the Development Agreement. The principals of the Ordinance are governed by statute and allow the Council to authorize and create the CID. The key business terms and operational covenants allowing claw backs on the City’s part fall under the Development Agreement. It would not be uncommon to approve the Ordinance for a maximum reimbursement amount and percentage. He suggested that the Council approve the Ordinance with a maximum amount and then that amount could be whittled down in the Development Agreement subject to negotiations between the City and the developer.
City Attorney Cook agreed that including the cap in the Ordinance is not statutorily required and can be removed and discussing the two issues simultaneously has merit because they are interrelated.
Mayor Hepperly suggested that the decision whether the two discussions be combined be withheld until after public comment.
Responding to Councilman Bailey’s question concerning ownership, Mr. Douglas stated that the 4210/4220 properties, along with Stroud’s, are owned by the same legal entity, MREM Fairway Property LLC. They are close to refinancing the Stroud’s parcel with a new lender and creating a new legal entity, MREM Fairway Retail, LLC. Both companies are limited liability investment entities managed by Platform Ventures and general partner of both entities.
Responding to Councilman Watkins’ question, Mr. Douglas stated that they were formerly affiliated with Mariner Wealth Advisors, but that affiliation ended about 24 months ago.
Mayor Hepperly asked for further discussion from the Council. Hearing none, she opened the public comment on this item.
Julie Fern, 6145 Catalina Street, recalled that there was a discussion of traffic flow and her understanding is that the City is kicking that issue down the road.
Mayor Hepperly confirmed there were discussions concerning traffic flow related to the project at two separate Planning Commission meetings. She would not
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consider the issue to have been kicked down the road. There was a discussion about the addition of a stop light at 55th Street and Shawnee Mission Parkway. A traffic study was conducted by KDOT in 2017 which determined that a traffic light at that intersection was not warranted. The Planning Commission requested another traffic study be conducted and the response was that because of the pandemic, it would not be accurate. The Planning Commission discussed with the developer the placement of signs on the property directing traffic as to the best way to go east or west on Shawnee Mission Parkway or on to 55th Street.
Mayor Hepperly further explained that language has been included in the Development Agreement that if any unanticipated public improvements are required, that the CID would address those within the first 3 to 5 years. This would cover any issues with traffic flow being adversely affected. Monies from the additional 1.5 percent CID tax would be used to pay for the City’s portion of the expense for those public improvements, whether they be a traffic light or reconfiguring streets coming out on to Shawnee Mission Parkway.
City Clerk Young further explained due to the pandemic there are fewer people traveling to work and the determination was that another traffic study would not be accurate. The Planning Commission requested a capacity study projecting traffic over the next five years. That study was prepared by Olsen and Associates, the engineering firm, along with Klover Architects.
Ms. Fern pointed out that the traffic that would go through a Starbucks is quite different than traffic going to a sit-down restaurant or an office building.
City Administrator Nogelmeier pointed out that in the past the Office Park was thriving with traffic entering and exiting the Office Park at peak times. There have been several successful restaurants at the Stroud’s location. The area was designed to accommodate a significant amount of traffic. The Development Agreement addresses that any unanticipated needs for traffic or pedestrian control, the City can use funds from the CID to pay for those improvements rather than the City. Based on the information obtained from KDOT and the planning from the developer’s engineer and architect, there is no justification for changes to the intersection at this time.
Mayor Hepperly added that because Shawnee Mission Parkway is State-owned, any decision concerning improvements would be made by KDOT and not by the City.
Ms. Fern agrees that the Office Park was a thriving office center and there was more traffic there than there is currently. She is concerned that the intersection will be a congestion nightmare with the addition of Starbucks.
Mayor Hepperly explained that the Planning Commission discussed the traffic issue at both of its meetings and the Council had additional discussions with Mr.
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Douglas about the issue at its November meeting. She stated that the situation is definitely on the City’s radar and it is addressed in the Development Agreement.
Mr. Douglas addressed Ms. Fern’s concerns about the change of use. He explained that the capacity study analyzed the change of use factoring in the daily trips for a quick service coffee shop, one restaurant, and one service retailer. He offered to provide a copy of the capacity study or report if needed.
Lisa Engelken, 4600 W. 62nd Terrace, explained that if the City provides tax incentives to the development on Shawnee Mission Parkway, she thinks the City should make sure the project aligns with the City’s Mission Statement. She agreed that based on documents presented at earlier meetings, the City is taking steps to accomplish that. She asked the developer and City Council if the project supports the City’s greenspace requirements, whether the development is sustainable, and whether those shopping and working at the new development will be free from discrimination.
Mayor Hepperly responded that greenspace was discussed at both Planning Commission meetings and the November Council meeting. Plantings are included to protect neighbors. The Development Agreement specifically addresses sustainability and those items have been incorporated into the project. The discrimination issue has also been addressed within the Development Agreement.
Martha Grisham, 5710 Lockton Lane, stated that she was very excited to read about the possibility of LEED certification for the project as that would make Fairway a real leader in the community. She is confused based on comments this evening that the certification is completely off the table based a little bit on budget and a lot on the time table. She doesn’t understand how the LEED certification was interwoven in the document and is now off the table.
Mr. Douglas responded that he is not certain of the exact timetable of when they approached the Planning Commission to start the site plan discussions versus when the layering in of sustainability elements became a part of the CID request. He knows that the building review process started well in advance of the CID request. The CID discussions increased over the last 30 to 45 days at which point, they had already received approval for the site plan from the Planning Commission. The possibility of LEED certification was discussed at the November City Council meeting and he unequivocally stated that LEED certification was not possible for them. He committed to include certain pieces of the LEED certification process that are set out in Exhibit J to the Development Agreement. They believe these pieces will provide good sustainable design without full LEED certification.
Mayor Hepperly asked for further public comments. Hearing none, she closed the public hearing on this item.
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Mayor Hepperly asked for additional discussion from the Council.
Mayor Hepperly explained that there is a cost funding agreement in place with the developer and requires payment for the City’s administrative costs for due diligence, attorney fees and other costs associated with the project. Thus, the developer is funding the administrative costs for the project and those costs are not being paid with City tax dollars.
Councilwoman Brofsky explained that the developer is asking for 30 percent of the cost of construction and she wondered what the City is getting in return. The only thing the City asked the developer to do was to get LEED certification, which does not appear to be a financial barrier. According to the Agreement, the ground will not be broken until the second quarter of 2021, which allows plenty of time to revise the plans. She is not particularly motivated to grant an economic incentive when she does not see a return value for the City.
Councilman Watkins sees the issue differently that Councilwoman Brofsky. He believes the value the City is receiving is eliminating a blighted building that in exchange for a new building. While not LEED certified, the building has 22 LEED elements. From his perspective, the project will help to restore a sales tax income cash flow to the City that is lacking since the Stroud’s restaurant closed. He thinks that is a significant benefit to the City. He has heard Mr. Douglas consistently state that requiring LEED certification adds hundreds of thousands of dollars to the cost and understands that the developer is unwilling to pay those additional costs because it makes the project economically unfeasible.
City Administrator Nogelmeier pointed out that the Development Agreement is drafted so that should the developer pursue LEED certification, the cost would not be subject to the cap. That is an inducement for the developer to obtain the certification but it is not a requirement in the Agreement.
Councilman Watkins understands that the costs to achieve LEED certification would be recouped through the CID, as long as there is enough money in the CID after fees. The CID can only potentially generate so many dollars.
City Administrator Nogelmeier confirmed the total amount of the CID would be capped on the sales tax payments made over the period of the CID. Thus, there is not an infinite amount of money as it depends on the success of the businesses operating there.
Responding to Councilwoman Brofsky’s question, City Administrator Nogelmeier stated the CID period is 22 years.
Mr. Douglas agreed that the statutory limit of a CID is 22 years. Even though they will not be going vertical until March, there is still a very tight construction timeline for delivery of the building to Starbucks on September 1, 2021. They
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plan to begin demolition and shoring for the building within the next 30 days and that work should be completed by late February or early March.
Responding to Councilwoman Brofsky’s comments, Mr. Douglas clarified that the developer is not requesting 30 percent of the total project cost but 30 percent of the total CID reimbursable costs. Those are two very different things. The CID reimbursable costs are between $1.2 and $1.3 million. Thirty percent of that is $400,000. In reality, the total cost of the building is well over that, between $2.25 and $2.5 million.
Finally, Mr. Douglas said it is their position that the existing building is functionally obsolete and has limited economic utility. He said Stroud’s was not an optimal user and, ultimately, not able to sustain an economically viable business within the building. The three or four years the developer owned the property, Stroud’s reported sales of approximately $200 per square foot. The developer’s proposal is for a new 6,500 square foot building with three tenants and potential retail rates of about $500 per square foot. This could increase the overall tax base to the City by a factor of 3, essentially tripling the taxable sales base for the building.
Councilman Bailey stated that he is all for sustainability and he would love a LEED project and, when the Office Park is redeveloped, if that could be LEED certified. He has an issue with the language as written in the Development Agreement concerning LEED reimbursable costs. Based on the language, a developer could make nearly 100 percent of the CID reimbursable costs reimbursable. He does not think that is the way to go, especially if there will be setting some precedent for future buildings. He suggested that the language be revisited before it is approved.
For clarification of Councilman Bailey’s concern, Councilman Watkins stated that there are 22 sustainable LEED milestones at the $1.3 million cost built into the Agreement. Thus, the project is already part way to LEED certification. If it takes another $200,000 to obtain LEED certification, all of the $500,000 cost that involved in the initial 22 LEED milestones are now eligible for reimbursement not subject to the cap. Altogether, that would be an additional $700,000 not subject to the cap in addition to the $400,000 cap. Thus, baked into the basic building is a partial LEED certification and if the developer chooses to move forward to full LEED certification, then they could back into a whole lot more money.
Councilwoman Brofsky explained that with the 22 points that the developer has included in the project, they are halfway to the lowest level of LEED certification. She understands there are three or four different levels. She is concerned that the Council feels that LEED certification is unattainable. The Mission City Council just approved an agreement for the Mission Bowl development that includes LEED certification and the Lenexa Public Library and Prairie Village Public Works building are also LEED certified. The certification is just another way of
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building. Environmental sustainability is included the City’s Vision Plan and Mission Statement, she is not sure why the Council is not pushing harder for this.
Responding to Councilman Bailey and Watkins’ concerns, City Attorney Cook explained that section 2.09 of the Development Agreement indicates that 100 percent of the developer’s costs incurred for LEED certification are reimbursable. He suggested that amount could be dialed back to a lower percentage or the reimbursement could be capped. This would address concerns about the developer potentially taking advantage of LEED certification to get reimbursed for costs in excess of what is anticipated.
Councilman Bailey liked that suggestion. He stated that he is more concerned about the future Office Park redevelopment. While he understands the timeline issue with the current project, the Office Park would be too large of a project not to include LEED certification. He suggested that the percentage of reimbursement be revised to 40 percent of the LEED certification costs reimbursable to incentivize the developer to pursue LEED certification.
As to Councilwoman Brofsky’s comments concerning levels of LEED certification, Councilman Watkins asked if Mr. Douglas’ estimate of costs to move to LEED certification would be for the highest level of certification as compared to the lowest level of certification.
Mr. Douglas responded that the 15 to 25 percent of increased costs for LEED certification he discussed earlier came from feedback they received and that was for the base level. He understands there is also a gold, silver and platinum level and the costs at each level step up accordingly.
Responding to Councilman Watkins’ question, City Administrator Nogelmeier explained that the plans for the building without LEED certification have been approved by the Planning Commission. If the Council were to decide they wanted to require LEED certification, the developer would have to revise their plans and go back before the Planning Commission.
Mr. Douglas explained that if they are forced to go back to the drawing board there would likely be a three-month delay in terms of getting updated plans in place through the Planning Commission. That delay would result in their losing the Starbucks timing window, which is a direct condition of the CID and Development Agreement.
Responding to Mayor Hepperly’s question, Mr. Douglas explained that while they have not sought a firm bid for the additional cost to obtain core and shell LEED certification, feedback they have received from LEED certified professionals is that the additional costs would be between 15 and 25 percent of the current project.
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Councilwoman Brofsky stated that she spoke with the U.S. Green Building Counsel and she is not sure the increased costs being discussed are accurate. She said that once a building is built, there are other LEED certifications available for existing buildings. She thinks that the City could require the developer to obtain this type of certification.
Councilman Cotter asked Councilwoman Brofsky to further explain what the existing building certification would require. He also indicated that he was disappointed because the City suggested a $400,000 cap and asked that more LEED considerations be included, but the developer did not make additional LEED considerations and asked that the cap be increased to $450,000.
In response, Councilwoman Brofsky stated that she did not want to step outside of her expertise and does not know exactly what the existing building certification would require. She thinks that is something the developer is better positioned to know in working with an architect.
To move the discussion forward, City Administrator Nogelmeier stated that the developer has indicated they do not believe it is practical to pursue LEED certification. He noted that it is not entirely clear from the discussion whether the Council believes that LEED certification should be required and he requested discussion on that issue.
Councilman Rogers understands the LEED certification and the process. He does not believe the Council has the expertise as to the different levels of certification and he is not sure there is expertise on the Planning Commission. He thinks it would be advisable in the future for the City to be prepared for this process and does not think the City is prepared now. Conversely, the City risks potentially having the same building there with no tax revenue. He understands the Mission Statement as to sustainability, but if LEED certification is required for this project, the City could lose the project and the resulting tax revenue. He does think that the City should research LEED certification further so that it can be implemented on a larger project versus requiring this project to be LEED certified after the applicant has approval from the Planning Commission and has followed the process.
Councilman Cotter stated that he understands Councilman Rogers point about the tax base. The big hurdle is timing and delivering the building to Starbucks by September. The compromise could be the existing building certification referred to earlier which would allow the developer to build their structure and make adaptions later, which additional costs would be covered under the Development Agreement.
Mayor Hepperly addressed Councilman Bailey’s concerns about setting a precedent. She stated that to her, each project that comes before the City is evaluated on its own merit. She does not think that approving this project without
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LEED certification would be setting a precedent. Any future projects would be considered on their own merit.
Councilman Levin agreed that each project should be judged on its own merit. He feels like the Council has changed the rules in the middle of the game and it is unfair to the developer. He believes the developer has taken many steps toward LEED certification.
Councilwoman Brofsky stated that she would liked to have had considered the CID before the project went to the Planning Commission.
Responding to Mayor Hepperly’s question concerning process, City Administrator Nogelmeier explained that he has had conversations over the years concerning the property. He cannot provide a specific timeline, but it is correct that the developer submitted their application to the Planning Commission prior to submitting the CID Petition. However, the City was aware that they were working on the CID Petition because they had inquired about it and there were discussions during the Finance Committee meetings about the CID.
Councilwoman Brofsky asked how the City would ever be able to incorporate sustainability if a developer could just go through the Planning Commission to get their site plan approved and then follow up with the CID Petition.
Councilman Watkins responded that the Code would need to be changed if the Council wishes to require LEED certification. Further, if LEED certification is required for this project, the Council would be adding a legal element that the Code does not currently require.
Discussion followed concerning whether this Agenda item could be considered along with the next Agenda item for the Development Agreement.
City Attorney Cook explained that the cap and percentages are set out in Section 2 of the Ordinance so if the Council wishes to increase the cap to $450,000 and the percentage to 38 percent as requested by the developer, those would need to be addressed in the Council’s consideration of the Ordinance.
Discussion followed concerning whether the amounts referred to in Section 2 of the Ordinance could be removed. Both Mr. Wempe and City Attorney Cook agree that the language could be removed.
Responding to Councilman Cotter’s question, City Attorney Cook stated that if the first item were passed and the second item failed, the project would not be built. A CID would exist but there would be no way to implement the CID plan. If the CID is approved and the Development Agreement is not, the CID would then need to be repealed.
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Mayor Hepperly asked for further discussion from the Commission. Hearing none, she asked for a motion.
Councilman Watkins moved that the Council approve Ordinance #1727 – an Ordinance authorizing the creation of the 55th and Parkway Community Improvement District in the City of Fairway, Kansas; authorizing the making of certain project improvements relating thereto; approving the estimated costs of such project improvements; levying a Community Improvement District sales tax within such District; providing for the method of financing the same; and authorizing the execution of a Development Agreement, with revisions to the second paragraph of Section 2 of the Ordinance, as follows: The total estimated cost of the proposed Projects is $4,896,419, of which a portion plus the CID Administrative Fee (as defined in the Development Agreement) are proposed to be funded by the CID Sales Tax (“Reimbursable Project Costs”) on a pay-as-you- go basis, all as further set forth in the Development Agreement. ,
City Administrator Nogelmeier requested a roll call vote.
The motion carried unanimously.
F. Consider Development Agreement with MREM Fairway Property, LLC for 4200 Shawnee Mission Parkway.
City Administrator Nogelmeier explained that at the Finance Committee Meeting on December 2, 2020, the Committee agreed on a $400,000 or 30 percent of development costs. A restriction was added regarding the prohibition of any establishments practicing conversion therapy or reparative therapy. Language was also added for unanticipated public improvements at a 75/25 percent split with the developer. The developer has requested a 67/33 percent split and that modification has been made in the draft Development Agreement.
The Agreement also contains language concerning sustainability as discussed. The draft does include the $400,000 cap and 30 percent reimbursement. The developer has requested that be increased to $450,000 and 38 percent. The draft has not been modified with the expectation that the developer can present his case as to why that cost should be increased to $450,000.
As for the developer’s request concerning unanticipated public improvements being split 67/33 percent, City Administrator Nogelmeier does not think those percentages are much different so he has made that modification in the Agreement. The City does not anticipate any unanticipated public improvements. The developer has also requested that the time frame for discovering those unanticipated public improvements be reduced from five to three years.
Mayor Hepperly suggested discussing each outstanding item individually. She asked Mr. Douglas to address the reason the developer has requested that the cap be increased from $400,000 to $450,000.
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Mr. Douglas stated that they had no involvement in terms of setting the cap as it came to them by way of the Development Agreement. Their request to increase the cap from $400,000 to $450,000 is to cover costs associated with the indemnifications being offered to the City by way of the Funding Agreement already in place whereby the developer covers all administrative and legal costs of the City. They estimated those costs to be in the $30,000 to $50,000 range. That is the reason for the requested increase.
Councilman Watkins responded that he understood that through the CID the City’s costs associated with the project and the one percent administrative fee will be reimbursed through the CID on top of the $400,000 the developer is getting.
Mr. Douglas said that his understanding is that the legal fees and other costs would be included in the cap but not the one percent administrative fee
City Attorney Cook explained that the CID cap is a defined term and states that the CID cap is $400,000, provided however the CID cap shall not include CID administrative fees, unanticipated public improvements, if any, or any developer costs incurred associated with LEED certification in accordance with section 2.09.
City Administrator Nogelmeier suggested that the definition of CID cap be revised to add the City’s reimbursable legal fees to the list of things not included in the cap.
City Attorney Cook agreed with that revision.
Councilman Watkins agreed that was a reasonable compromise. He likes the $400,000 cap and referring back to Councilman Bailey’s concerns about the 100 percent reimbursement if the developer choses to obtain LEED certification, Councilman Watkins likes that the developer could be reimbursed at 100 percent under the CID. He believes this gives the developer an incentive to pursue the certification.
Mr. Douglas stated that with the understanding that the legal fees will be included in the bucket of costs that are outside of the cap, he could agree that the cap remain at $400,000 and 30 percent.
Councilman Bailey agreed with Councilman Watkins on this project. He noted that with the developer owning both properties, it is convenient to be separate when they need it to be and together when they need it to be. Thus, he would agree to the 100 percent reimbursement from the CID if the developer chooses to seek LEED certification.
Councilman Bailey also referred to a previous comment concerning making revisions to Chapter 15. He would like the City to clarify when and how discussions on CIDs take place.
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Councilman Cotter agreed, stating that if CIDs are going to be proposed that the request needs to be made prior to submission of site plans to the Planning Commission.
Mayor Hepperly responded that because this is the first CID request the City has been involved in, she believes that staff, the Planning Commission, the Council and the City’s attorneys have done well for not having been down this road before.
Mayor Hepperly asked for further comments. Hearing none, she believes there is a consensus among the Council on this issue.
Mayor Hepperly next requested Council discussion concerning the developer’s request related to unanticipated public improvements. In the draft Agreement, the City requested 75 percent of the 1.5 percent CID would go to the City and 25 percent to the developer. The developer has requested that the split be 67/33.
Councilman Watkins stated that he would be in favor of allowing the developer’s request.
Mayor Hepperly asked for further comments on this issue. Hearing none, she believes there is a consensus among the Council to allow the developer’s request for the 67/33 percent split.
Mayor Hepperly next asked for discussion concerning the developer’s request to change the length of time for discovery of unanticipated public improvements. The draft Development Agreement sets the time at five years and the developer is requesting that the time be reduced to three years.
Councilman Watkins agrees with the reduction in time to three years. He agrees that if there are going to be traffic problems, they will be identified right away. He did want the language to be clarified that the problem be identified within three years and not fixed within three years, especially if KDOT needs to be involved.
Councilwoman Brofsky does not know what the downside would be for the City to require five years. She thinks that five years would be safer and more prudent and does not know why the City could concede to the reduction in time.
Mr. Douglas is not sure what a reasonable timeframe would be. He agrees that if there are traffic issues, they will be identified soon. He does not want to be overly exposed to traffic issues that may pop up that are not a direct result of the project.
City Administrator Nogelmeier suggested a compromise that the time frame be three years from the time the building is fully leased.
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Fairway City Council Minutes December 14, 2020
Councilman Watkins responded that suggestion could be problematic if, for example, they don’t fully lease the building. He suggested that the time frame of three years begin from the time the building is completed or from the first date of occupancy because that is when any traffic issues would be identified.
Mr. Douglas stated that was acceptable.
Mayor Hepperly asked for further comment on this issue. Hearing none, she believes there is consensus on this issue.
Mayor Hepperly moved on to the next issue, sustainability. She asked if there was further comment on this issue.
Responding to Councilman Cotter’s question concerning the existing building certification, Mr. Douglas explained that he believes the reference to existing building certification is referencing core and shell. If they are required to make deviations to the approved site plan, it will jeopardize their ability to deliver the building by September 1, 2021 and Starbucks could leave the deal altogether.
Councilman Cotter understood that the existing building certificate is for a building that is already built so the work could be completed afterwards.
Councilwoman Brofsky indicated those are two different types of certifications and she doesn’t have more to add. She appreciates the Council taking sustainability seriously and working through this issue but she is disappointed in where the Council is at the moment.
Mayor Hepperly asked for further discussion from the Council. Hearing none, she asked for public comment on this item. Hearing none, she asked for a motion.
Councilman Watkins moved that the Council approve the Development Agreement with MREM Fairway Property, LLC for 4200 Shawnee Mission Parkway, subject to the modifications discussed, as follows: (1) the cap will remain at $400,000 for reimbursable costs; however, the definition of CID cap will be revised to add the City’s reimbursable legal fees as not being included in the cap; (2) the split for unanticipated public improvements shall be revised to 67/33 percent; and (3) that the time frame for discovery of unanticipated public improvements shall be revised to three years from the date of first occupancy of the building. Councilman Levin seconded the motion.
City Administrator Nogelmeier requested a roll call vote.
The motion carried 6 to 2 with Councilwoman Brofsky and Councilman Cotter voting naye.
G. Consider Revised Contribution Agreement for 6030 Cherokee Drive.
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City Administrator Nogelmeier explained that the initial Contribution Agreement was approved by the City Council in August, 2020. At that time there were some unknowns and neither party signed the Agreement. The City has a better idea of what the contribution level will be beyond the donation of the land. The majority of the releases regarding the deed restrictions have been received from property owners. They plan to send out the plans for bid by December 21, 2020 and hope to have responses by February 1, 2021. The contract could then be considered for approval by the Council at the February City Council meeting. The City has reached out to the architect and a contractor that the City has previously worked with to get a cost estimate; however, that information is not included in the Agreement but will be posted on the website for potential bidders. Mr. Lyon has agreed to this process. If the bids come back less than what the donor has agreed, then he will only pay the actual costs. Aside from that change, there were no other material changes made to the Agreement.
Mayor Hepperly asked if there were questions for staff. Hearing none, she asked for discussion from the Council. Hearing none, she asked for public comment on this item. Hearing none, she asked for a motion.
Councilman Watkins moved that the Council approve the revised Contribution Agreement for 6030 Cherokee Drive. Councilwoman Buszek seconded the motion.
City Administrator Nogelmeier requested a roll call vote.
The motion carried unanimously.
H. Consider Appeal of the Public Works Directors Decision Regarding a Violation of the Public Tree Protection Ordinance at 6105 Fontana.
City Attorney Nogelmeier explained that the attorney representing the resident has requested that this item be continued to the January 11, 2021 Council meeting. The Code requires a Public Hearing at the next regularly scheduled City Council meeting, so he asked that Mayor Hepperly open the Public Hearing and then requested a motion to continue this item.
Mayor Hepperly opened the Public Hearing on this item.
Mayor Hepperly asked for a motion.
Councilman Watkins moved that the Council continue consideration of the appeal of the Public Works Director’s decision regarding a violation of the Public Tree Protection Ordinance at 6105 Fontana to the January 11, 2021 City Council Meeting. Councilman Cotter seconded the motion.
City Administrator Nogelmeier requested a roll call vote.
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Fairway City Council Minutes December 14, 2020
The motion carried unanimously.
COMMENTS BY GOVERNING BODY
Mayor Hepperly asked if there were comments from the Council on any item. Hearing none, she closed this portion of the meeting.
PUBLIC COMMENT
Mayor Hepperly asked if anyone in the audience would like to make public comment on any items not on the agenda. Hearing none, she closed the public comment portion of the meeting.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 10:26 P.M.
______Mayor Melanie Hepperly
Attest:
______Barb Fox, Recording Secretary
Page 24
City of Fairway ORDINANCE #1728 Appropriations Report-December 2020
Vendor ID Vendor Account Account Description Date Reference Amount Memo COTEMI REIM Emily Cotter 4575.100 Special Events 12/16/20 12/10/2020 30.00 REF-Santas Workshop-unable to attend HOMMIC REIM Michelle Homan 4575.100 Special Events 12/16/20 12/10/2020 30.00 REF-Santas Workshop-unable to attend STAANG REIM Angie Stark 4590.100 Pool/Shelter Rental 12/02/20 12/1/20 Reim 150.00 REF-unable to hold event Total General Operating 150.00 MUNICO Municipal Code Corporation 5220.411 License Fees 12/09/20 352013 250.00 12/1/20 to 11/30/21 Annual Admin Support fee MUNICO Municipal Code Corporation 5220.411 License Fees 12/09/20 352355 400.00 12/1/20 to 11/30/21 Annual Online Code Hosting EVERGY Evergy 5230.411 Utilities 12/02/20 3004 11/19/20 93.83 Oct - Nov Inv - 5220 Belinder EVERGY Evergy 5230.411 Utilities 12/02/20 3520 11/19/20 474.18 Oct - Nov Inv - 5240 Belinder EVERGY Evergy 5230.411 Utilities 12/29/20 3004 12/22/20 107.54 Nov-Dec Inv - 5220 Belinder EVERGY Evergy 5230.411 Utilities 12/29/20 3520 12/22/20 452.80 Nov-Dec Inv - 5240 Belinder EVERGY Evergy 5230.411 Utilities 12/29/20 8956 12/22/20 63.65 Nov - Dec Inv - 5240 Belinder - Auxillary heater JCW 64121 JCW 5230.411 Utilities 12/09/20 3920 11/25/20 25.27 Oct - Nov Inv 5240 Belinder JOCOTR66201 Johnson County Treasurer 5230.411 Utilities 12/02/20 R43334 12/21/20 328.80 2020 Wastewater 5240 Belinder KGS Kansas Gas Service 5230.411 Utilities 12/22/20 7073 12/11/20 182.86 Nov-Dec Inv - 5240 Belinder UNITEP Unite Private Networks, LLC 5230.411 Utilities 12/02/20 SI20018363 900.00 Dec Inv - 5240 Belinder - Fiber VERIZO Verizon Wireless 5230.411 Utilities 12/02/20 0001 11/23/20 40.01 Oct-Nov Inv-Field Tablet VERIZO Verizon Wireless 5230.411 Utilities 12/02/20 0001 11/23/20 51.50 Oct-Nov Inv-Cell phone VERIZO Verizon Wireless 5230.411 Utilities 12/30/20 9869782412 91.51 Nov-Dec Inv-Field Tablet and Cell phone WATERO64180 Water District No. 1 of JOCO 5230.411 Utilities 12/29/20 4793 12/23/20 42.12 Nov - Dec Inv. 5240 Belinder HSABAN HSA Bank 5260.411 Health Insurance 12/10/20 Recurring Check 83.33 ER Contribution HSABAN HSA Bank 5260.411 Health Insurance 12/24/20 Recurring Check 83.33 ER Contribution MIDPUB64055 Midwest Public Risk 5260.411 Health Insurance 12/02/20 12/2020Final Inv 3,950.54 Dec Inv-Health Insurance IBTSVA Insititute for Building Technology & Safety 5320.411 Consultant/Engineering 12/16/20 KCU1FAIR1120 6,000.00 November 2020-Inspections/Plan Reviews JANPRO Jan Pro Cleaning Systems Midwest 5330.411 Building Maintenance 12/02/20 43336 695.00 Dec Inv-Janitorial Services JAYWIN Jayhawk Window Cleaning Co. 5330.411 Building Maintenance 12/16/20 12/9/2020 50.00 Window cleaning-Fairway City Hall LEGALR The Legal Record 5340.411 Publications 12/29/20 L88806 85.54 Ordinance #1727 Publication GILMOR Gilmore & Bell, P.C. 5350.411 Legal Fees 12/02/20 8043366 1,500.00 Annual Report STINSO Stinson LLP 5350.411 Legal Fees 12/09/20 43325357 11,241.60 City, PC, BZA matters JOCOGO Johnson County Government 5370.411 Equip Maint & Licenses 12/09/20 165826 2,810.25 4th QTR-Tech Support/License Fees KONE Kone Chicago 5370.411 Equip Maint & Licenses 12/02/20 959732382 3,501.00 12/1/20 - 11/30/21-Annual Agreement-Elevator KONICA75312 Konica Minolta Bus Solutions 5370.411 Equip Maint & Licenses 12/29/20 269770882 122.98 Oct - Nov Inv - 5240 Belinder MRMAT Mr Mat, LLC 5370.411 Equip Maint & Licenses 12/09/20 571354 66.81 Entry Mats PITBOW 7887 Pitney Bowes Services 5370.411 Equip Maint & Licenses 12/09/20 3312472627 165.09 4th Qtr Postage Meter EVERGY Evergy 5410.411 Civil Defense Siren 12/02/20 4025 11/19/20 30.67 Oct - Nov Inv-5900 Mission EVERGY Evergy 5410.411 Civil Defense Siren 12/29/20 4025 12/22/20 32.25 Nov-Dec Inv-5900 Mission WCAWAS WCA Waste Systems Inc 5470.411 City Solid waste and Recycling 12/02/20 990000743061 27,139.13 Dec Inv - Solid waste WCAWAS WCA Waste Systems Inc 5470.411 City Solid waste and Recycling 12/30/20 990000759723 28,258.05 Jan Inv - Solid waste MAXBUS Max Business Products / ADOS 5610.411 Operating Supplies 12/29/20 WO992341 58.06 Paper towels/TP and Notebooks, Paper MAXBUS Max Business Products / ADOS 5700.411 Office Supplies 12/29/20 WO992341 112.10 Paper towels/TP and Notebooks, Paper MAXBUS Max Business Products / ADOS 5700.411 Office Supplies 12/29/20 WO992342 22.98 Permit Paper 1800GO 1-800-Got Junk? 5725.411 Ordinance Violation Assesment 12/29/20 8341826 503.00 Code Abatement - 6205 Mission ENVISI Envision Lawn & Tree 5725.411 Ordinance Violation Assesment 12/02/20 5794 1,800.00 Code Abatement - 4013 W. 62nd St. DELLMA Dell Marketing L.P. 5900.411 Capital Outlay 12/29/20 20205 2,330.46 Office Computers LANDWO Landworks Studio 5951.411 Contingency 12/09/20 2004504 4,339.00 Park Design - November payment SECURI Security 1st Title, LLC 5951.411 Contingency 12/29/20 12/29/20 Manual 1,136.00 Title - 6030 Cherokee-New Park Total Administration 96,159.29 PRIDEC Pride Cleaners 5200.412 Uniforms 12/16/20 246321113020 54.98 November Uniform Cleaning EVERGY Evergy 5230.412 Utilities 12/29/20 3216 12/22/20 544.89 Nov-Dec Inv-5252 Belinder JOCOTR66201 Johnson County Treasurer 5230.412 Utilities 12/02/20 R43336 12/21/20 718.88 2020 Wastewater 5252 Belinder KGS Kansas Gas Service 5230.412 Utilities 12/22/20 5127 12/11/20 104.05 Nov-Dec Inv-5252 Belinder VERIZO Verizon Wireless 5230.412 Utilities 12/02/20 0001 11/23/20 81.51 Oct-Nov Inv - Co-Responder VERIZO Verizon Wireless 5230.412 Utilities 12/02/20 0001 11/23/20 366.09 Oct-Nov Inv - Cell Phones/Air Cards VERIZO Verizon Wireless 5230.412 Utilities 12/30/20 9869782412 81.51 Nov-Dec Inv - Co-Responder VERIZO Verizon Wireless 5230.412 Utilities 12/30/20 9869782412 446.12 Nov-Dec Inv - Cell Phones/Air Cards WATERO64180 Water District No. 1 of JOCO 5230.412 Utilities 12/29/20 1151 12/23/20 40.16 Nov - Dec Inv-5252 Belinder OSBZAC REIM Zachary Osbern 5250.412 Insurance 12/29/20 11/17/2020 100.00 Testing Reimb. CONCEN Occupational Health Centers of KS 5260.412 Health Insurance 12/30/20 1012831286 76.50 EE pre-placement screening CONCEN Occupational Health Centers of KS 5260.412 Health Insurance 12/30/20 1012842988 165.50 EE pre-placement screening HSABAN HSA Bank 5260.412 Health Insurance 12/10/20 Recurring Check 125.00 ER Contribution HSABAN HSA Bank 5260.412 Health Insurance 12/24/20 Recurring Check 125.00 ER Contribution MIDPUB64055 Midwest Public Risk 5260.412 Health Insurance 12/02/20 12/2020Final Inv 6,337.88 Dec Inv-Health Insurance JANPRO Jan Pro Cleaning Systems Midwest 5330.412 Building Maintenance 12/09/20 43406 465.00 Dec. Inv-Janitorial Service JAYWIN Jayhawk Window Cleaning Co. 5330.412 Building Maintenance 12/16/20 12/9/2020 25.00 Window cleaning-Fairway PD KONICA60055 Konica Minolta Bus Solutions 5360.412 Printing 12/09/20 9007341827 119.17 Printing - November LEOONG Leo On Guard, LLC 5381.412 Dues/Membership 12/22/20 12/17/20 CVSA 325.00 CVSA Examination DELLMA Dell Marketing L.P. 5455.412 Computer 12/29/20 20205 3,967.68 New Computers JOCOGO Johnson County Government 5455.412 Computer 12/09/20 165826 2,869.75 4th QTR-Tech Support/License Fees RDCOMP R&D Computer Systems, LLC 5455.412 Computer 12/22/20 3286 2,745.00 Laserfiche Annual Fee REJISC REJIS Commission 5455.412 Computer 12/02/20 449847 85.23 November Leweb REJISC REJIS Commission 5455.412 Computer 12/02/20 449994 504.75 November IMDS REJISC REJIS Commission 5455.412 Computer 12/16/20 451536 22.50 LeWeb IP issue REJISC REJIS Commission 5455.412 Computer 12/29/20 451713 85.23 LEWeb Subscription Fee REJISC REJIS Commission 5455.412 Computer 12/29/20 451873 504.75 IMDS Plus COMMEN Commenco, Inc. 5480.412 Radio/Radar 12/22/20 832537 127.00 December Radio Maintenance BOBALL Bob Allen Ford, Inc. 5780.412 Car Expense 12/02/20 FOCS379302 192.81 Auto Repair CASEYS Casey's Auto Repair 5780.412 Car Expense 12/09/20 53250 25.00 Engine Coolant CASEYS Casey's Auto Repair 5780.412 Car Expense 12/22/20 53354 160.00 Replace Battery WEXBAN 4337 Wex Bank 5780.412 Car Expense 12/29/20 69106107 1,252.61 Dec. Fuel Total Police Department 21,525.80 BILLIR Bill Ireland Security Inc. 5230.413 Utilities 12/02/20 169229 62.85 Quaterly Monitoring PW EVERGY Evergy 5230.413 Utilities 12/02/20 2886 11/19/20 19.85 10/20/20 - 11/18/20 PW Monthly 4324 EVERGY Evergy 5230.413 Utilities 12/02/20 6996 11/19/20 209.06 Monthly 4717 PW EVERGY Evergy 5230.413 Utilities 12/02/20 463611/19/20 20.24 10/20/20 - 11/18/20 Monthly 5800 PW EVERGY Evergy 5230.413 Utilities 12/29/20 2886 12/22/20 19.95 11/18/20 to 12/21/20 4324 Brookridge EVERGY Evergy 5230.413 Utilities 12/29/20 4636 12/22/20 40.65 11/18/20 to 12/21/20 5800 State Park EVERGY Evergy 5230.413 Utilities 12/29/20 6996 12/22/20 494.78 11/18/20 to 12/21/20 4717 Roes JANPRO Jan Pro Cleaning Systems Midwest 5230.413 Utilities 12/02/20 43407 150.00 Monthly Cleaning PW KGS Kansas Gas Service 5230.413 Utilities 12/29/20 2273 12/11/20 223.04 11/4/20 to 12/8/20 4717 PW KSHEAL KDHE- Stormwater Coordinator 5230.413 Utilities 12/16/20 1/2021-1/2022Per 60.00 Stormwater Annual Permit 1/2021 to 1/2022 KSONEC Kansas One-Call System, Inc. 5230.413 Utilities 12/09/20 110235 130.80 Nov. Inv. Locates PW PRAXAI60055 Praxair Distribution Inc. 5230.413 Utilities 12/16/20 60460711 49.25 Monthly Cylinder Rental PW SPECTR Time Warner Cable 5230.413 Utilities 12/16/20 22002803112820 281.25 Monthly Phone & Internet PW SPECTR Time Warner Cable 5230.413 Utilities 12/30/20 22002803122820 281.25 PW Phone/Internet VERIZO Verizon Wireless 5230.413 Utilities 12/02/20 0001 11/23/20 40.01 Oct-Nov Inv-Field Tablet VERIZO Verizon Wireless 5230.413 Utilities 12/30/20 9869782412 40.01 Nov-Dec Inv-Field Tablet WATERO64180 Water District No. 1 of JOCO 5230.413 Utilities 12/29/20 3217 12/23/20 35.44 Nov - Dec Inv. 4717 Roe WATERO64180 Water District No. 1 of JOCO 5230.413 Utilities 12/29/20 3525 12/23/20 191.70 Nov - Dec Inv. Hydrant Various Locations HSABAN HSA Bank 5260.413 Health Insurance 12/10/20 Recurring Check 125.00 ER Contribution HSABAN HSA Bank 5260.413 Health Insurance 12/24/20 Recurring Check 125.00 ER Contribution MIDPUB64055 Midwest Public Risk 5260.413 Health Insurance 12/02/20 12/2020Final Inv 6,127.12 Dec Inv-Health Insurance LOWES 66205 Lowe's 5330.413 Building Maintenance 12/29/20 23317218 205.78 Fencing Replacement Pieces CASEYS Casey's Auto Repair 5370.413 Equip Maint & Licenses 12/09/20 53267 250.00 V-Joint Replacement GOODYE66115 Goodyear Tire & Rubber Company 5370.413 Equip Maint & Licenses 12/16/20 431283080 176.50 Mount Bobcat Tires STRASS Strasser True Value 5370.413 Equip Maint & Licenses 12/29/20 372840 362.59 Replacement Weed Eater KCARBO K. C. Arborist 5570.413 Tree Expense 12/30/20 24986 1,525.00 Tree Trimming/Limb Removal BLACKM Black & McDonald 5580.413 Street Lights 12/09/20 761150849 1,102.15 Street Light EVERGY Evergy 5580.413 Street Lights 12/09/20 4930 12/1/20 7,533.98 Nov. Inv. Signal EVERGY Evergy 5580.413 Street Lights 12/09/20 8364 12/1/20 709.70 Nov. Inv. Street Lights BALLS Balls Food 5720.413 Miscellaneous 12/16/20 41632 11.96 Water WCAWAS WCA Waste Systems Inc 5760.413 Dump Fees 12/16/20 990000754460 669.92 Dumpsters APPMAI60673 Applied Industrial Technologies 5770.413 Materials/Supplies 12/02/20 7020245811 91.01 Antacid & Socket Tool for Trucks JCBM Johnson County Building Materials 5770.413 Materials/Supplies 12/09/20 67179 80.00 Mulch KCARBO K. C. Arborist 5770.413 Materials/Supplies 12/30/20 25011 765.00 Banners LOWES 66205 Lowe's 5770.413 Materials/Supplies 12/29/20 19581397 13.96 Mulch For Fence RYANLA Ryan Lawn & Tree 5770.413 Materials/Supplies 12/02/20 9468 11/22/20 4,214.97 2021 Greenspace Treatments STRASS Strasser True Value 5770.413 Materials/Supplies 12/29/20 372967 17.26 Rags & Trash Bags STRASS Strasser True Value 5770.413 Materials/Supplies 12/30/20 373469 7.74 Fuel Mix UNIROT United Rotary Brush Corporation 5770.413 Materials/Supplies 12/16/20 CI259597 351.87 Brooms for Sweeper WEXBAN 4337 Wex Bank 5780.413 Vehicle Expense 12/29/20 69104648 526.51 Gas WEXBAN 6293 Wex Bank 5780.413 Vehicle Expense 12/09/20 68906445 317.79 Diesel DELLMA Dell Marketing L.P. 5900.413 Capital Outlay 12/02/20 10431928779 2,762.01 3 Desktop Computers Total Public Works 29,555.57 HSABAN HSA Bank 5260.414 Health Insurance 12/10/20 Recurring Check 83.33 ER Contribution HSABAN HSA Bank 5260.414 Health Insurance 12/24/20 Recurring Check 83.33 ER Contribution MIDPUB64055 Midwest Public Risk 5260.414 Health Insurance 12/02/20 12/2020Final Inv 1,082.18 Dec Inv-Health Insurance TRANSL TranslationPerfect.com 5720.414 Miscellaneous 12/09/20 6130 159.00 Court 12/2/20 Chong Hooks - Defendant Total Court 1,324.51 ATT 5001 AT&T 5230.415 Utilities 12/16/20 0034 12/3/20 167.27 12/3/20 - 1/2/21 Pool Phones ATT 5014 AT&T 5230.415 Utilities 12/09/20 5874 11/27/20 69.55 Nov. 28 - Dec. 27 Pool Internet EVERGY Evergy 5230.415 Utilities 12/02/20 2230 11/19/20 203.31 10/20/20 - 11/18/20 Pool House EVERGY Evergy 5230.415 Utilities 12/02/20 5686 11/19/20 373.46 10/20/20 - 11/18/20 Pump Room EVERGY Evergy 5230.415 Utilities 12/29/20 2230 12/22/20 308.13 11/18/20 to 12/21/20 6136 Mission Pool House EVERGY Evergy 5230.415 Utilities 12/29/20 5686 12/22/20 408.61 11/18/20 to 12/21/20 6130 Mission - Pumphouse KGS Kansas Gas Service 5230.415 Utilities 12/22/20 1445 12/8/20 205.61 10/30/20 - 12/3/20 Pool VERIZO Verizon Wireless 5230.415 Utilities 12/02/20 0001 11/23/20 103.00 Oct-Nov Inv-Cell phones VERIZO Verizon Wireless 5230.415 Utilities 12/30/20 9869782412 103.00 Nov-Dec Inv-Cell phones WATERO64180 Water District No. 1 of JOCO 5230.415 Utilities 12/29/20 1046 12/23/20 73.44 Nov - Dec Inv. Pool HSABAN HSA Bank 5260.415 Health Insurance 12/10/20 Recurring Check 41.67 ER Contribution HSABAN HSA Bank 5260.415 Health Insurance 12/24/20 Recurring Check 41.67 ER Contribution MIDPUB64055 Midwest Public Risk 5260.415 Health Insurance 12/02/20 12/2020Final Inv 2,402.76 Dec Inv-Health Insurance JANPRO Jan Pro Cleaning Systems Midwest 5605.415 Maintenance 12/09/20 43335 150.00 Dec. Inv-Janitorial Service OUTDOO Outdoor Restrooms, Inc. 5605.415 Maintenance 12/09/20 393882 165.00 Handicap Unit - Park Restroom JOCOTR66201 Johnson County Treasurer 5630.415 Taxes 12/16/20 2020 Tax 4,028.71 Wastewater from 7/1/19 to 6/30/20 Mission Rd Pool RYANLA Ryan Lawn & Tree 5830.415 Landscaping 12/02/20 1248 11/22/20 1,414.32 T02, T03, T04, LC1, LC2, L06 BASSHA 1099 Shannon Basham 5920.415 Concerts/Programming 12/02/20 11/30/2020 200.00 Chair Yoga LOWES 66205 Lowe's 5920.415 Concerts/Programming 12/02/20 11/5/2020 34.32 Santas Workshop Supplies to build house LOWES 66205 Lowe's 5920.415 Concerts/Programming 12/09/20 1268 47.51 Santa Workshop LOWES 66217 Lowe's Home Centers, LLC 5920.415 Concerts/Programming 12/09/20 43128 5.39 Electrical Supplies for Santa Workshop Total Parks & Recreation 8,489.68 TREKKD Trekk Design Group, LLC 5017.540 Stormwater Projects 12/29/20 20001347 3,326.68 CCTV Work PW Total Storm Water Utility Fund 9,371.93 ATT 5001 AT&T 5230.760 Utilities 12/02/20 0341 11/19/20 167.34 11/19/20 - 12/18/20 Elevator/Securtiy Lines ATT 5001 AT&T 5230.760 Utilities 12/30/20 0341 12/19/20 216.39 SIM Phones EVERGY Evergy 5230.760 Utilities 12/02/20 7158 11/19/20 88.71 SIM - Nov-Dec Inv - North Bldg EVERGY Evergy 5230.760 Utilities 12/02/20 7608 11/19/20 19.05 SIM - Nov-Dec Inv - Electric Pole EVERGY Evergy 5230.760 Utilities 12/02/20 8412 11/19/20 53.79 SIM - Nov-Dec Inv - West Bldg EVERGY Evergy 5230.760 Utilities 12/29/20 7158 12/22/20 103.35 11/18/20 to 12/21/20 3408 W. 53rd EVERGY Evergy 5230.760 Utilities 12/29/20 7608 12/22/20 19.05 SIM - Nov-Dec Inv - Electric Pole EVERGY Evergy 5230.760 Utilities 12/29/20 8412 12/22/20 65.46 SIM - Nov-Dec Inv - West Bldg EVERGY Evergy 5230.760 Utilities 12/29/20 9880 12/22/20 276.32 SIM - Nov-Dec Inv - East Bldg KGS Kansas Gas Service 5230.760 Utilities 12/22/20 1864 12/11/20 143.08 SIM - Nov-Dec Inv - West Bldg KGS Kansas Gas Service 5230.760 Utilities 12/22/20 1982 12/11/20 295.35 SIM - Nov-Dec Inv - North Bldg KGS Kansas Gas Service 5230.760 Utilities 12/22/20 2000 12/11/20 430.03 SIM - Nov-Dec Inv - East Bldg SEI Security Equipment Inc 5230.760 Utilities 12/29/20 605875 424.00 SIM - Replaced and tested 11 smoke alarms VERIZO Verizon Wireless 5230.760 Utilities 12/02/20 0001 11/23/20 81.51 Oct-Nov Inv-Phone VERIZO Verizon Wireless 5230.760 Utilities 12/30/20 9869782412 81.51 Nov-Dec Inv-Phone WATERO64180 Water District No. 1 of JOCO 5230.760 Utilities 12/29/20 1421 12/23/20 16.10 Nov - Dec Inv - 3408 W. 53rd St WATERO64180 Water District No. 1 of JOCO 5230.760 Utilities 12/29/20 2027 12/23/20 19.93 Nov - Dec Inv - 3403 W 53rd STE A WATERO64180 Water District No. 1 of JOCO 5230.760 Utilities 12/29/20 2031 12/23/20 15.84 Nov - Dec Inv - East Bldg ENVISI Envision Lawn & Tree 5605.760 Maintenance 12/09/20 5466 700.00 SIM 11/3 Mowing 11/11 Maintenance-Stick/limb removal JANPRO Jan Pro Cleaning Systems Midwest 5605.760 Maintenance 12/09/20 43337 295.00 SIM -Dec Inv - Janitorial Service Total Shawnee Indian Mission Fund 2,863.18 LOWES 30353 Lowe's Credit Services 5895.800 Federal Grant Expenses 12/16/20 910987 15.16 Covid Guards for Court Total Federal Grant Fund 15.16 MORGAN Morgan Contractors, Inc. 5875.900 Capital Projects 12/09/20 201755 5,000.00 Speed Hump Striping PROSEA Proseal Inc. 5875.900 Capital Projects 12/02/20 1022407 2,022.88 Our portion of 63rd w/ Mission Hills Total Capital Improvement Fund 8,084.91 Grand Total 77,779.85
Council Approval:
CITY OF FAIRWAY 2021 HOLIDAY SCHEDULE
1. New Year’s Day Observed Friday, January 1, 2021 2. Martin Luther King Day Monday, January 18, 2021 3. Presidents’ Day Monday, February 15, 2021 4. Memorial Day Monday, May 31, 2021 5. Independence Day Monday, July 5, 2021 6. Labor Day Monday, September 6, 2021 7. Veterans Day Observed Thursday, November 11, 2021 8. Thanksgiving Day Thursday, November 25, 2021 9. Day after Thanksgiving Friday, November 26, 2021 10. Christmas Day Friday, December 24, 2021 11. New Year’s Day Friday, December 31, 2021
NOTES • There will be two personal days for employees this year.
DATE: JANUARY 7, 2021 TO: MAYOR HEPPERLY AND FAIRWAY CITY COUNCIL FROM: NATHAN NOGELMEIER, CITY ADMINISTRATOR RE: ANNUAL RENEWAL OF INFORMATION TECHNOLOGY SERVICES WITH JOHNSON COUNTY IT
Background: Johnson County Department of Innovation and Technology has provided Information Technology Services/Support for the City since 2012. The original agreement provides for an annual renewal. Attached is the 2021 agreement, with Exhibit A-Services, reflecting a total cost of $23,408. For reference, last years’ contract was $22,672.00.
Recommendation: Staff requests approval of the Annual JOCO IT Agreement.
Attachments: • IT Agreement
RENEWAL OF INFORMATION TECHNOLOGY SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS AND THE CITY OF FAIRWAY, KANSAS
THIS RENEWAL OF INFORMATION TECHNOLOGY SERVICES AGREEMENT (“Renewal”) is made and entered into this day of ______, 2020 by and between the City of Fairway, Kansas (“City”) and the Board of County Commissioners of Johnson County, Kansas (“County”).
WITNESSETH:
WHEREAS, the City and the County entered in that certain Information Technology Services Agreement dated April 26, 2012, regarding the provision of information technology services, which was subsequently renewed (the original and all previous renewals are collectively referred to as “Agreement”); and
WHEREAS, the City and the County desire to renew and amend the Agreement.
NOW, THEREFORE, in consideration of the above and foregoing recitals, the mutual promises and covenants hereinafter given, and pursuant to and in accordance with the statutory authority vested in the City and the County, the parties hereto agree as follows:
1. Renewal. The City and the County hereby agree that the Agreement shall be, and hereby is, renewed and extended for an additional term from January 1, 2021 through December 31, 2021 (“Renewal Term”).
2. Services. During the Renewal Term, the County agrees to provide the services set forth in Exhibit A and the City agrees to share in the costs of those services by paying the amounts set forth in Exhibit A, which are the annual costs of the services. The prices stated in Exhibit A are based on a total number of 25 supported employees (13-City Full-time and 12-Police: 10 Full-time/2 Part-time) as stated therein. If the number of supported employees increases above 30 (or decreases below 20) the cost of this Agreement will be adjusted for the remainder of the contract period (pro-rated at the rate of $927 per employee per year plus the cost of licenses, as appropriate). These rates are valid for the Renewal Term and are valid only if the City obtains and maintains a high speed data connection of at least 10mb between the City’s facility and any County facility on its high speed network. The County reserves the right to raise these rates if the City fails to obtain and maintain high speed connectivity. The City agrees to pay the costs set forth in Attachment A on a quarterly basis commencing upon execution of this Renewal. The City agrees to adhere to the County security policies, procedures, and processes, including to allow scanning of any devices attached to the Johnson County network. This also includes software patching and updates that are usually free (ex: Microsoft/Adobe) and necessary to appropriately maintain devices. It does not include version upgrades to the Microsoft Operating System, which are periodically necessary and may require additional support hours. Software Management, including the purchase and maintenance of software licenses and license installation keys, is the responsibility of the City.
1 3. Additional Services. The parties agree that during the Renewal Term, if the City requests additional professional services that are not included in the services set forth in Attachment A, then the County’s hourly rates for such services shall be as follows:
Tier 1 Support per hour $44.00 Support Center Tier 2 Support per hour $63.00 Systems, Phone, Network, Applications Consulting per hour $75.00 Security, Project Management DBA Support per hour $85.00 Data Administration
4. Agreement Effective. Except as expressly modified by this Renewal, the terms and provisions of the Agreement shall remain unchanged and in full force and effect.
5. The City shall protect, defend, indemnify, and hold harmless the County, its officers, employees and agents free from any and all claims, losses, penalties, damages, settlements, costs charges, professional fees, or other expenses or liabilities of every kind and character arising from or in any way related to the negligent or intentional act, error or omission of the City, its officers, employees or agents, in performing under, arising from, or related to this Agreement.
6. The County is not responsible for providing insurance or self-insurance for the benefit of the City. For this reason, it is recommended that the City shall, at all time during the term of this Agreement and for not less than three (3) years after the expiration or termination thereof, maintain Data Privacy & Security (Cyber) insurance, with limits not less than $1,000,000 per claim and aggregate, underwritten by an insurance company authorized to write insurance in the state of Kansas. City shall furnish a Certificate of Insurance to the County at the time of execution of this Agreement and within five (5) days of the date of renewal of this insurance. Certificate Holder shall be, Board of County Commissioners, Johnson County, Kansas, c/o Risk Manager, 111 S. Cherry Street, Suite 2400, Olathe, KS 66061. If City does not carry the above referenced Cyber insurance, City shall be responsible for the cost of and hold County harmless for any resulting damages and costs arising from any data breach incident or claim that would otherwise be covered by Cyber insurance.
7. The County expressly disclaims any express or implied warranties, representations or endorsements regarding any data, information, services or products provided in connection with, included in, or regarding this Agreement. No advice or information given by County officers, employees, agents or contractors shall create a warranty.
8. All County employees providing services on behalf of the County under this Agreement shall remain employees of the County for all purposes and shall not be deemed employees of the City under any circumstances. Similarly, all employees of the City coordinating with or providing any assistance to the County in the performance of services under this Agreement shall remain employees of the City for all purposes and shall not be deemed employees of the County under any circumstances.
IN WITNESS WHEREOF, the parties hereto have caused this Renewal to be executed in two (2) counterparts by their duly authorized representatives and made effective the day and year first above written.
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CITY OF FAIRWAY, KANSAS BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS
By By______Melanie Hepperly, Mayor William P. Nixon, Jr., Chief Information Officer
Date ______Date ______
APPROVED AS TO FORM:
______Ryan Haga Assistant County Counselor
Date ______
3 EXHIBIT A—SERVICES
City Police # Full Time Users 13 10 City of Fairw ay # Part Time Users (<4 hrs) 0 2 Description of Services # Devices 28 13 # Servers 4 4 Systems Server support - Remote monitoring, Server Operating System support, server $4,360.00 $4,427.00 backups, server patching and print management. Office 365 Administration and Email support. Active Directory support and maintenance.
Application Support DTI will interface with the Laserfiche support to assist with problem resolution (included (included and/or application upgrades. Other application assistance available at the above) above) hourly rate listed above.
Data Management DTI will provide regular monitoring of the Laserfiche database backups and (included (included identify problems as they occur. DTI will work with Laserfiche support to assist above) above) with problem resolution. Additional DTI Data Management assistance is avaialble at the hourly rate listed above. Network Network monitoring - Includes all network systems, core appliances and $2,341.00 $2,377.00 switches. Network administration and support - Review of event logs and implementation of manufacturer-recommended firmware updates for routers and switches. Network hardware replacement - Identify and recommend network hardware replacements, assisting with the installation as required and needed.
Provide access for local and long distance calling. Maintain publicly listed phone numbers. Internet Connection including Staff and Guest WiFi
Security Firewall and VPN Management - Monitor, maintain and support the clients $2,341.00 $2,377.00 firewall and current VPN system. Provide firewall security reviews upon request, limit 1 annually, to address best practices in controls. Network Security Monitoring and Intrusion-Prevention Services – Monitor internal and external network traffic to identify malicious activity and block and/or report on activity dynamically based upon County security best practices. Anti-virus and Threat Management - monitor, maintain and support the client's anti-virus to ensure AV signatures are current and active across all devices.
Internet filtering per County best practices. Support Center – Help Desk Provides a single point of contact, by phone or email, to report and record $2,004.00 $2,035.00 incidents and to facilitate the restoration of county standard devices and normal IT operational services. The Support Center provides Tier 1 remote desktop support as requested M-F, 7:30-5:00pm (excluding holidays and provides on- call support, after normal business hours, for emergency outages (escalated to Tier 2 support).
Services Subtotal for City/Police $11,046.00 $11,216.00 Support Services Total $22,262.00 Annual domain renewals for 4 websites (1 city/3 PD): fairwaykansas.org; Other fairwaypd.com; fairwaypd.net; fairwaypd.org $12.00 $36.00 Software Check Point Licenses - 41 @ 25.00 and 8 @ $4 $716.00 $341.00 Lansweeper Licenses - 41 @ $1.00 $28.00 $13.00 Total Managed Services $23,408.00 * Standard Support: Monday-Friday 7:30a-5pm; Emergency on-call phone support available as-needed **The City is responsible for software management including the purchase and maintenance of software licenses & license installation keys for all software not identified above. DTI will not install or transfer unsupported or unlicensed software.
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KEEP THIS LICENSE POSTED CONSPICUOUSLY AT ALL TIMES
FEE, $_____50.00______RETAIL NO._____21-01______DEALER’S 2021 LICENSE TO ALL WHOM IT MAY CONCERN:
License is hereby granted to__FOUR B CORPORATION DBA HEN HOUSE______to sell at retail CEREAL MALT BEVERAGES
IN ORIGINAL AND UNOPENED CONTAINERS AND NOT FOR CONSUMPTION ON THE PREMISES (State if for consumption on the premises, or for sale in original and unopened containers and not for consumption on the premises.)
at______2724 WEST 53RD STREET______(Give exact location, with street number, if any)
in the City of Fairway in Johnson County, KS,
Application therefor, on file in the office of the City Clerk of said City, having been approved by the governing body of such City as provided by the Laws of Kansas and the rules, regulations and ordinances pertaining thereto.
This License will expire DECEMBER 31, 2021, unless sooner revoked, is not transferable, nor will any refund of the fee be allowed thereon. Given under our hands and the corporate seal of said city, this 11th day of January, 2021.
______Countersigned Mayor
______City Treasurer City Clerk
DATE: DECEMBER 7TH, 2020 TO: MAYOR HEPPERLY AND FAIRWAY CITY COUNCIL FROM: DAVID BROWN, CHIEF OF POLICE RE: REPLACE HVAC SYSTEMS AT THE POLICE DEPARTMENT
The Police Department Building has three rooftop HVAC systems that are at or past their end of life with one unit being 8 years old and the other two units being 12 years old. We have spent $10,622 over the last 2 years to keep these units running. The Police Department is seeking council approval to purchase three replacement HVAC units. Santa Fe Air Conditioning & Heating services all HVAC systems in city facilities. Santa Fe Air and a competitor were asked to submit bids to replace the rooftop units seeking greater efficiency and HEPPA filtration capabilities. Santa Fe Air submitted a proposal to replace all 3 units with 14 SEER systems, vertical economizers (to reduce air conditioning use on cooler days) and air purification systems with a project cost of $24,955.50. A competitor submitted a bid to replace all 3 units with 14 SEER systems and air purifiers with a total project cost of $25,982.70. Santa Fe Air also submitted a bid to replace all 3 units with 16 SEER systems, vertical economizers and air purification systems for a total project cost of $26,888.00. (A 16 SEER system is about 14% more efficient than a 14 SEER system)
Santa Fe Air’s bid for the 14 SEER system and options is $1,027 less than the competitor and includes the vertical economizers. For an additional $1,932.50 the city can purchase 16 SEER systems which run about 14% more efficient.
The City is receiving Federal COVID relief funds and is estimated to have a balance of approximately $5,000 which can be applied to this project to cover air purification.
Recommendation: Staff recommends the City enter into an agreement with Santa Fe Air to purchase and install 16 SEER HVAC systems with the vertical economizers and the air purifiers for a total project cost of $26,888, to which the balance of the City’s Federal COVID relief funds will be applied with the remaining cost being funded through the Police Department’s budget.
Santa Fe Air Conditioning & Heating 1100 E. Santa Fe St. Gardner, KS. 66030 913-856-5801 www.santafeair.com
Proposal
Fairway Police Department 10/23/20
5252 Belinder Fairway, KS 66205-
Re: 3 HVAC package unit replacement
We hereby submit specifications for: Removing existing Carrier package rooftop unit and installing new Carrier package rooftop unit.
Option 1: Standard efficiency unit 14 SEER includes the following 1. 3-Carrier package unit model 48FCEA06A2A3 Unit size: 5 ton Voltage: 208-230/1/60 Heat Options: Medium Gas Heat Refrigerant Options: One-stage cooling Indoor Fan Options: Med static Price includes all materials and labor Warranty: 10yr heat exchanger, 5yr compressor and 1yr parts/ labor
Option 1 price: $18,753.00
Option 2: Higher efficiency unit 16 SEER includes the following: 1. 3- Carrier package unit model 48GCEM06A2A3 Unit size: 5 ton Voltage: 208-230/1/60 Heat Options: Medium Heat Refrigerant Options: Two-stage cooling Indoor Fan Options: Med static Price includes all material and labor Warranty: 10yr heat exchanger, 5yr compressor and 1yr parts/labor
Option 2 price: $20,683.00
Option 3: Vertical Economizer w/solid state controls. This option can be added to either Option 1 or 2. If there are days when air conditioning is running when the outdoor air is below 55 degrees the economizer will use the outdoor air to cool instead of running the compressors. This would basically be considered free cooling since the only energy being used would be the blower motor. Warranty: 1yr parts and labor
Option 3 price: $3,705.00
Option 4: Ultravation UVCatalyst Photocatalytic Air Purifier. Freshens indoor air, removes odors, kills airborne bacteria, viruses and mold. Warranty: 1yr parts and labor
Option 4 price: $2,500.00
Circle options that are wanted and then put total of options below.
Option total: ______.
Payment to be made as follows: 30 days net
All material and labor are guaranteed to be as specified. Any alteration or deviation from above specifications will be executed only upon written orders and may become an extra charge over and above the estimate.
Submitted by: Mark Oberle
Proposal may be withdrawn if not accepted within 30 days.
Acceptance of proposal: The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above
Signature:______Date: ______
MEMORANDUM
TO: Melanie Hepperly, Mayor Members of the City Council
FROM: David Brown, Chief of Police
DATE: December 13th, 2020
SUBJECT: Agenda Items: 2020 Uniform Public Offence Code for Kansas Cities
At the end of each Legislative Session the League of Kansas Municipalities researches, prints and distributes a consolidated list of public offense codes based on changes to Kansas Law. An explanation of the changes has been prepared by the City Attorney’s Law Office and is attached for your review. Kansas municipalities adopt the new Uniform Public Offense Code (UPOC) and Standard Traffic Ordinance (STO) by incorporating it into their own ordinances. There were no changes to the STO this year so we do not have a need to adopt the STO by ordinance. The intent of this agenda item is to present the 2020 UPOC and recommend its adoption for use within the City of Fairway.
Staff recommends adoption of Ordinance and incorporating by reference the 2020 Uniform Public Offense Code for Kansas Cities.
CITY OF FAIRWAY, KANSAS ORDINANCE NO. 170326
AN ORDINANCE RELATING TO THE REGULATION OF PUBLIC OFFENSES WITHIN THE CORPORATE LIMITS OF THE CITY OF FAIRWAY, KANSAS, ; INCORPORATING BY REFERENCE THE" UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES," 36TH EDITIONOF 2019, WITH CERTAIN CHANGES; AMENDING AND REPEALING CERTAIN PROVISIONS OF EXISTING EXISTING SECTIONS 8-25, 8-26, 8-27, 8-29, 8-30, AND ARSECTIONS 8-49 THROUGH CLE II OF CHAPTER 8, ENTITLED 8-55, INCLUSIVE, "UNIFORM PUBLIC OFFENSE OF THE CODE " AND ARTICLE III E N T I T L E D " D R U G S " OF THE CODE OF THE OF ORDINANCES, CITY OF FAIRWAY, KANSAS; A ND REPEALING S.ORDINANCE NO. 1703.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRWAY, KANSAS:
SECTION 1. That existing Existing Section 8-25 of Article II, entitled "Uniform Public Offense Code" of Chapter 8, entitled "Public Offenses" of the Code of the Ordinances, City of Fairway, Kansas, be (the "Code"), is hereby amended to read as follows:
Sec. 8-25. Incorporated by reference– Incorporating uniform public offense code.
There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Fairway, Kansas, that certain code known as the" Uniform Public Offense Code for Kansas Cities," 36th Edition of 2019 ("2019 (the "2020 UPOC"), prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except those such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed, and with those additions thereto as are made by this or any other ordinance of the City hereafter adopted; this incorporation being authorized by K.S.A. 12-3009 to 12-3012 and 12-3301 to 12- 3302, inclusive, as amended. At least one official copy of this Uniform Public Offense Code the 2020 UPOC shall be marked or stamped "Official Copy as Adopted by Ordinance No. ____," 1726", with all sections or portions thereof intended to be changed clearly marked to show any such change, and to which shall be attached a copy of this Ordinance No. 1726, and shall be filed with the City Clerk to be open to inspection and to be available to the public at all reasonable hours. The Police Department, Municipal Judge and all administrative departments of the City, charged with enforcement of the Ordinance, 2020 UPOC shall be supplied, at the cost of the City, with the number of Oofficial copies of this Uniform Public Offense Code, the 2020 UPOC similarly marked, as it may be deemed expedient.
SECTION 2. That existing Existing Section 8-255 of the Code of the City of Fairway, Kansas, is hereby repealed.SECTION 3. That existing Section 8-26 of Article II, entitled "Uniform Public Offense Code" of Chapter 8, entitled "Public Offenses" of the Code of the City of Fairway, Kansas, is hereby renumbered and amended to read as follows:
DB02/0502117.0005/10209751.21 Sec. 8-26. Abusing toxic vapors.
Section 9.9 of the 2019 UPOC is hereby amended by deleting existing Section 9.9 and inserting in place thereof the following:
Section 9.9. Abusing Toxic Vapors.
(1) It shall be unlawful for any person to knowingly possess, buy, use, smell, or inhale the fumes of toxic vapors with the intent of causing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system. (2) Definitions: For the purposes of this Section, the term "toxic vapors" means the following substances or products containing these substances:
a. Alcohols, including methyl, isopropyl, propyl or butyl;
Sec. 8-26. – 2020 UPOC Section 9.9.2 amendment. Section 9.9.2 of the 2020 UPOC is hereby changed to read as follows:
Sec. 9.9.2.Possession of drug paraphernalia and certain drug precursors.
(a) No person shall use or possess with intent to use any drug paraphernalia, as designated in K.S.A. 21-5701, to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq. and amendments thereto.
(b) No person shall purchase, receive or otherwise acquire at retail any compound, mixture or preparation containing more than 3.6 grams of pseudoephedrine base or ephedrine base in any single transaction or any compound, mixture or preparation containing more than 9 grams of pseudoephedrine base or ephedrine base within any thirty (30) day period.
(c) No person shall distribute, possess with intent to distribute or manufacture with intent to distribute any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of K.S.A. 21-5706 and amendments thereto.
(d) No person shall use or possess with the intent to use any drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, sell or distribute a controlled substance.
(e) Penalty.
b. Aliphatic acetates, including ethyl, methyl, propyl or methyl cellosolve acetate;
2 DB02/0502117.0005/10209751.21 c. Acetone;
d. Benzene;
e. Carbon tetracholoride;
f. Cyclohexane;
g. Freons, including freon 11 and freon 12;
h. Hexane;
i. Methyl ethyl ketone;
j. Methyl isobutyl ketone;
k. Naptha;
l. Perchlorethylene;
m. Toluene;
n. Trichloroethane; or
o. Xylene.
(3) This section shall not be construed to apply to the inhalation of anesthesia or other substances for medical or dental purposes. (4) In a prosecution for a violation of this Section, evidence that a container lists one ( 1 ) or more of the substances described in Subsection ( 2 ) of this section as one of its ingredients shall be prima facie evidence that the substance in that container contains toxic vapors and emits the fumes thereof. (5) Penalty. Any person violating any provisions of this article shall upon conviction thereof, be punished by a fine of not more than five hundred dollars ($500.00). In addition to any sentence or fine imposed, the court shall enter an order requiring that the person enroll in and successfully complete an alcohol and drug safety action education program or treatment program, as provided in K.S.A. 8-1008, and amendments thereto, or both the education and treatment programs.
SECTION 4. That existing Section 8-26 of the Code of the City of Fairway, Kansas, is hereby repealed.
SECTION 5. That existing Section 8-27 of Article II, entitled "Uniform Public Offense
3 DB02/0502117.0005/10209751.21 Code" of Chapter 8, entitled "Public Offenses" of the Code of the City of Fairway, Kansas, is amended to read as follows:
Sec. 8-27. Criminal use of weapons. Section 10.1 of the 2019 UPOC is hereby amended by deleting existing Section 10.1 and inserting in place thereof the following:
Section 10.1 Criminal Use of Weapons.
(1) Criminal use of weapons is knowingly:
a. Possessing with the intent to use the same unlawfully against another, any bludgeon, sand club, metal knuckles, throwing star, billy, blackjack, slingshot or any other dangerous or deadly weapon or instrument of like character; b. Setting a spring gun; c. Selling, giving or otherwise transferring any firearm with a barrel less than 12 inches long to any person under 18 years of age whether the person knows or has reason to know the length of the barrel; d. Selling, giving or otherwise transferring any firearms to any person who is both addicted to and an unlawful user of an controlled substance; e. Selling, giving or otherwise transferring any firearm to any person who is or has been a mentally ill person subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments thereto, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in K.S.A. 59-29b46, and amendments thereto; f. Possession of any firearm by a person who is both addicted to and an unlawful user of a controlled substance;
g. Possession of any firearm by any person, other than a law enforcement officer, in or on any school property or grounds upon which is located a building or structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades 1 through 12 or at any regularly scheduled school sponsored activity event whether the person knows or has reason to know that the person was in or on that property or grounds. h. Refusal to surrender or immediately remove from school property or grounds or at any regularly scheduled school sponsored activity or event any firearm in the possession of any person, other than a
4 DB02/0502117.0005/10209751.21 law enforcement officer, when so requested or directed by any duly authorized school employee or any law enforcement officer; or i. Possessing a firearm with a barrel less than 12 inches long by any person less than 18 years of age whether the person knows or has reason to know the length of the barrel. (2) Criminal use of weapons as defined in: a. Subsections (1)a, (1)b, (1)c, (1)d, and (1)h of this section is a Class A violation; b. Subsections (1)f and (1)g of this section is a Class B violation; c. Subsection (1)i of this section is a Class A violation on a first offense. (3) Subsection (1)a shall not apply to:
a. Law enforcement officers, or any person summoned by any officers to assist in making arrests or preserving the peace while actually engaged in assisting that officer; b. Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails or other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority; c. Members of the armed services or reserve forces of the United States or the Kansas national guard while in the performance of their official duty; or d. The manufacture of, transportation to, or sale of weapons to a person authorized under Subsections (3)a, (3)b, and (3)c to possess the weapons. (4) Subsection (1)g shall not apply to:
a. Possession of any firearm in connection with a firearms safety course of instruction or firearms education course approved and authorized by the school; b. Any possession of any firearm specifically authorized in writing by the superintendent of any unified school district or the chief administrator of any accredited nonpublic school; c. Possession of a firearm secured in a motor vehicle by a parent, guardian, custodian or someone authorized to act in that person's behalf who is delivering or collecting a student; d. Possession of a firearm secured in a motor vehicle by a registered voter who is on the school grounds, which contained a polling place for the purpose of voting during polling hours on an election day; or
5 DB02/0502117.0005/10209751.21 e. Possession of a handgun by an individual who is licensed by the attorney general to carry a concealed handgun under K.S.A. Supp. 75-7c01 et seq., and amendments thereto. (5) Subsection (1)e shall not apply to a person who has received a certificate of restoration pursuant to K.S.A. 75-7c26, and amendments thereto. (6) Subsection (1)i shall not apply if that person, less than 18 years of age, was: a. In attendance at a hunter's safety course or a firearm safety course; b. Engaging in practice in the use of the firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which the range is located; c. Engaging in an organized competition involving the use of the firearm, or participating in or practicing for a performance by an organization exempt from federal income tax pursuant to section 501(c)(3) of the internal revenue code of 1986 which uses firearms as a part of the organization's performance; d. Hunting or trapping pursuant to a valid license issued to that person pursuant to article 9 of chapter 32 of the Kansas Statutes Annotated, and amendments thereto;
e. Traveling with the firearm in that person's possession being unloaded to or from any activity described in subsections(6)a through (6)d, only if the firearm is secured, unloaded and outside the immediate access of that person; f. On real property under the control of that person's parent, legal guardian or grandparent and who has the permission of that parent, legal guardian or grandparent to possess the firearm; or
g. At that person's residence and who, with the permission of that person's parent or legal guardian, possesses the firearm for the purposes of exercising the rights contained in K.S.A. Supp. 21- 5222, 21-5223 or 21-5225, and amendments thereto.
SECTION 6. That existing Section 8-27 of the Code of the City of Fairway, Kansas, is hereby repealed.
SECTION 7. That existing Section 8-28 of the Code of the City of Fairway, Kansas, is hereby repealed.
SECTION 8. That existing Section 8-29 of Article II, entitled "Uniform Public Offense
6 DB02/0502117.0005/10209751.21 Code" of Chapter 8, entitled "Public Offenses" of the Code of the City of Fairway, Kansas, is hereby readopted to read as follows:
Sec. 8-29. Littering.
(a) Littering is intentionally or recklessly depositing or causing to be deposited any object or substance into, upon or about: (1) Any public street, highway, alley, road, right-of-way, park or other public place, or any lake, stream, watercourse, or other body of water, except by direction of some public officer or employee authorized by law to direct or permit these acts; or (2) Any private property without the consent of the owner or occupant of that property.
SECTION 9. That existing Section 8-29 of the Code of the City of Fairway, Kansas, is hereby repealed.
SECTION 10. That Section 8-30 of Article II, entitled "Uniform Public Offense Code" of Chapter 8, entitled "Public Offenses" of the Code of the City of Fairway, Kansas, is hereby amended to read as follows:
Sec. 8-30. UNLAWFUL DISCHARGE OF A FIREARM.
Section 10.5 of the 2019 UPOC is hereby amended by deleting existing Section 10.5 and inserting in place thereof the following:
Section 10.5. Unlawful Discharge of a Firearm.
(1) Unlawful discharge of a firearm is the reckless discharge of a firearm within or into the corporate limits of any city.
(2) This section shall not apply to the discharge of any firearm within or into the corporate limits of any city if:
a. The firearm is discharged in the lawful defense of one's person, another person or one's property; b. The firearm is discharged at a private or public shooting range; c. The firearm is discharged by authorized law enforcement officers, animal control officers or a person who has a wildlife control permit issued by the Kansas department of wildlife, parks and tourism; d. The firearm is discharged by special permit of the chief of police; e. The firearm is discharged using blanks; or (1) f.The firearm is discharged in lawful self-defense or defense of another person against an animal attack. Unlawful discharge of firearms Violation of
7 DB02/0502117.0005/10209751.21 subsection (a) is a Class B violation.
SECTION 11. That existing Section 8-30 of the Code of the City of Fairway, Kansas, is hereby repealed. (2) Violation of subsection (b) is a Class A violation.
(3) Violation of subsection (c) is a Class A violation.
(4) Violation of subsection (d) is a Class A violation.
(f) In determining whether an object is drug paraphernalia, the finder of fact shall consider, in addition to all other logically relevant factors, the following:
(1) Statements of the owner or person in control of an object concerning its use;
(2) Prior convictions, if any, of an owner or person in control of the object under any state or federal law relating to any controlled substance;
(3) The proximity of the object to controlled substances;
(4) The existence of any residue of controlled substances on the object;
(5) Direct or circumstantial evidence of the intent of an owner or person in control of an object, to deliver it to a person the owner or person in control of an object knows, or should reasonably know, intends to use the object to facilitate a violation of the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq. and amendments thereto. The innocence of an owner or person in control of the object as to a direct violation of the Uniform Controlled Substances Act shall not prevent a finding that the object is intended for use as drug paraphernalia;
(6) Oral or written instructions provided with the object concerning its use;
(7) Descriptive materials accompanying the object which explain or depict its use;
(8) National and local advertising concerning the object’s use; and
(9) The method and manner in which the object is displayed for sale, if applicable.
(K.S.A. 21-5709 to -5711).
SECTION 3. Existing Sections 8-25, 8-26, 8-27, 8-29, 8-30, and 8-49 through 8-55, inclusive, of the Code, and Ordinance No. 1703, are hereby repealed. The repeal of any ordinance or parts of an ordinance by this Ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding under or by virtue of the repealed ordinance.
SECTION 12. Interpretation: This ordinance SECTION 4. This Ordinance shall be construed as follows:
8 DB02/0502117.0005/10209751.21 a. Liberal Construction: The provisions of this oOrdinance shall be liberally construed to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience.
b. Savings Clause: The repeal of any ordinance or cCode section, as provided herein, shall not revive an ordinance previously repealed, nor shall the repeal affect any right that accrued, any duty imposed, any penalty incurred or any proceedings commenced, under or by virtue of the ordinance repealed. Any ordinance or cCode repealed continues in force and effect after the passage, approval, and publication of this oOrdinance for the purpose of pursuing these rights, duties, penalties or proceedings.
c. Invalidity: If for any reason any chapter, article, section, subsection, sentence, portion or part of this oOrdinance, or the application thereof to any person or circumstance, is declared to be unconstitutional or invalid, that decision shall not affect the validity of the remaining sections of this ordinance, City the Code or other ordinances.
SECTION 13. That Ordinance No. 1676 is hereby repealed. SECTION 14. That this ordinance SECTION 5. This Ordinance shall take effect upon adoption and and be in force from and after its publication , or the publication of a certified summary thereof, in the official City newspaper.
[Remainder of page intentionally left blank; signature page follows.]
9 DB02/0502117.0005/10209751.21 PASSED by the City Council thise 141th day of OctoberJanuary, 20219. APPROVED by the Mayor.
______
Melanie Hepperly, Mayor ATTEST:
______Kim Young, City Clerk
APPROVED AS TO FORM:
______Stephen PAnna M. ChinnKrstulic, City Attorney
10 DB02/0502117.0005/10209751.21 CITY OF FAIRWAY, KANSAS ORDINANCE NO. 1726
AN ORDINANCE RELATING TO THE REGULATION OF PUBLIC OFFENSES WITHIN THE CORPORATE LIMITS OF THE CITY OF FAIRWAY, KANSAS; INCORPORATING BY REFERENCE THE UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES, 36TH EDITION, WITH CERTAIN CHANGES; AMENDING AND REPEALING EXISTING SECTIONS 8-25, 8-26, 8-27, 8-29, 8-30, AND SECTIONS 8-49 THROUGH 8-55, INCLUSIVE, OF THE CODE OF ORDINANCES, CITY OF FAIRWAY, KANSAS; AND REPEALING ORDINANCE NO. 1703.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRWAY, KANSAS:
SECTION 1. Existing Section 8-25 of the Code of Ordinances, City of Fairway, Kansas (the "Code"), is hereby amended to read as follows:
Sec. 8-25. – Incorporating uniform public offense code.
There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Fairway, Kansas, that certain code known as the Uniform Public Offense Code for Kansas Cities, 36th Edition (the "2020 UPOC"), prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter modified or changed. At least one official copy of the 2020 UPOC shall be marked or stamped "Official Copy as Adopted by Ordinance No. 1726", with all sections or portions thereof intended to be changed clearly marked to show any such change and to which shall be attached a copy of Ordinance No. 1726, and filed with the City Clerk to be open to inspection and to be available to the public at all reasonable hours. The Police Department, Municipal Judge and all administrative departments of the City charged with enforcement of the 2020 UPOC shall be supplied, at the cost of the City, with the number of official copies of the 2020 UPOC similarly marked as may be deemed expedient.
SECTION 2. Existing Section 8-55 of the Code is hereby renumbered and amended to read as follows:
Sec. 8-26. – 2020 UPOC Section 9.9.2 amendment. Section 9.9.2 of the 2020 UPOC is hereby changed to read as follows:
Sec. 9.9.2. Possession of drug paraphernalia and certain drug precursors.
(a) No person shall use or possess with intent to use any drug paraphernalia, as designated in K.S.A. 21-5701, to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq. and amendments thereto.
(b) No person shall purchase, receive or otherwise acquire at retail any compound,
DB02/0502117.0005/10209751.2 mixture or preparation containing more than 3.6 grams of pseudoephedrine base or ephedrine base in any single transaction or any compound, mixture or preparation containing more than 9 grams of pseudoephedrine base or ephedrine base within any thirty (30) day period.
(c) No person shall distribute, possess with intent to distribute or manufacture with intent to distribute any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of K.S.A. 21-5706 and amendments thereto.
(d) No person shall use or possess with the intent to use any drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, sell or distribute a controlled substance.
(e) Penalty.
(1) Violation of subsection (a) is a Class B violation.
(2) Violation of subsection (b) is a Class A violation.
(3) Violation of subsection (c) is a Class A violation.
(4) Violation of subsection (d) is a Class A violation.
(f) In determining whether an object is drug paraphernalia, the finder of fact shall consider, in addition to all other logically relevant factors, the following:
(1) Statements of the owner or person in control of an object concerning its use;
(2) Prior convictions, if any, of an owner or person in control of the object under any state or federal law relating to any controlled substance;
(3) The proximity of the object to controlled substances;
(4) The existence of any residue of controlled substances on the object;
(5) Direct or circumstantial evidence of the intent of an owner or person in control of an object, to deliver it to a person the owner or person in control of an object knows, or should reasonably know, intends to use the object to facilitate a violation of the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq. and amendments thereto. The innocence of an owner or person in control of the object as to a direct violation of the Uniform Controlled Substances Act shall not prevent a finding that the object is intended for use as drug paraphernalia;
(6) Oral or written instructions provided with the object concerning its use;
(7) Descriptive materials accompanying the object which explain or depict its use;
2 DB02/0502117.0005/10209751.2 (8) National and local advertising concerning the object’s use; and
(9) The method and manner in which the object is displayed for sale, if applicable.
(K.S.A. 21-5709 to -5711).
SECTION 3. Existing Sections 8-25, 8-26, 8-27, 8-29, 8-30, and 8-49 through 8-55, inclusive, of the Code, and Ordinance No. 1703, are hereby repealed. The repeal of any ordinance or parts of an ordinance by this Ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding under or by virtue of the repealed ordinance.
SECTION 4. This Ordinance shall be construed as follows:
a. Liberal Construction: The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience.
b. Savings Clause: The repeal of any ordinance or Code section, as provided herein, shall not revive an ordinance previously repealed, nor shall the repeal affect any right that accrued, any duty imposed, any penalty incurred or any proceedings commenced, under or by virtue of the ordinance repealed. Any ordinance or Code repealed continues in force and effect after the passage, approval, and publication of this Ordinance for the purpose of pursuing these rights, duties, penalties or proceedings.
c. Invalidity: If for any reason any chapter, article, section, subsection, sentence, portion or part of this Ordinance, or the application thereof to any person or circumstance, is declared to be unconstitutional or invalid, that decision shall not affect the validity of the remaining sections of this ordinance, the Code or other ordinances.
SECTION 5. This Ordinance shall take effect and be in force from and after its publication, or the publication of a certified summary thereof, in the official City newspaper.
[Remainder of page intentionally left blank; signature page follows.]
3 DB02/0502117.0005/10209751.2 PASSED by the City Council the 11th day of January, 2021. APPROVED by the Mayor.
Melanie Hepperly, Mayor ATTEST:
Kim Young, City Clerk
APPROVED AS TO FORM:
______Anna M. Krstulic, City Attorney
4 DB02/0502117.0005/10209751.2
Memorandum
To: David Brown, Chief of Police, Fairway, Kansas
From: Suzanne Williams
Date: November 6, 2020
Re: Uniform Public Offense Code for 2020 - Summary of Changes
The following sections are the changes made to the 2019 Uniform Public Offense Code for Kansas Cities and incorporated in the 2020 Uniform Public Offense Code for Kansas Cities.
Sec. 1.1 Definitions. The following definitions shall apply when the words and phrases defined are used in this code, except when a particular context clearly requires a different meaning.
Explosives. Any chemical compound, mixture or device, of which the primary purpose is to function by explosion, and includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters. (K.S.A. 21-6312(e))
Sec. 5.1.3. Unlawful Transmission of a Visual Depiction of a Child.
(a) Unlawful transmission of a visual depiction of a child is knowingly transmitting a visual depiction of a child 12 or more years of age but less than 18 years of age in a state of nudity when the offender is less than 19 years of age.
(b) It shall be a rebuttable presumption that an offender had the intent to harass, embarrass, intimidate, defame or otherwise inflict emotional, psychological or physical harm if the offender transmitted a visual depiction of a person other than such child in a state of nudity to more than one person.
(c) The provisions of this section shall not apply to transmission of a visual depiction of a child in a state of nudity by the child who is the subject of such visual depiction.
(d) The provisions of this section shall not apply to a visual depiction of a child engaged in sexually explicit conduct or a visual depiction that constitutes obscenity as defined in K.S.A. 21-6401(f)(1), and amendments thereto.
(e) Upon a first conviction, unlawful transmission of a visual depiction of a child is a Class A person violation. (K.S.A. 21-5611)
1201 Walnut Street, Suite 2900, Kansas City, MO 64106
CORE/0502117.0024/162975174.1
Sec. 5.7. Selling, Giving or Furnishing Cigarettes or Tobacco Products to a Minor.
(a) It shall be unlawful for any person to:
(1) Sell, furnish or distribute cigarettes, electronic cigarettes, or tobacco products to any person under 21 years of age; or
(2) Buy any cigarettes, electronic cigarettes, or tobacco products for any person under 21 years of age.
(b) It shall be a defense to a prosecution under this section if:
(1) The defendant is a licensed retail dealer, or employee thereof, or a person authorized by law to distribute samples;
(2) The defendant sold, furnished or distributed the cigarettes, electronic cigarettes, or tobacco products to the person under 21 years of age with reasonable cause to believe the person was of legal age to purchase or receive cigarettes, electronic cigarettes or tobacco products; and
(3) To purchase or receive the cigarettes, electronic cigarettes, or tobacco products, the person under 21 years of age exhibited to the defendant a driver’s license, Kansas non driver’s identification card or other official or apparently official document containing a photograph of the person and purporting to establish that the person was of legal age to purchase or receive cigarettes, electronic cigarettes, or tobacco products.
(4) For purposes of this section the person who violates this section shall be the individual directly selling, furnishing or distributing the cigarettes, electronic cigarettes, or tobacco products to any person under 21 years of age or the retail dealer who has actual knowledge of such selling, furnishing or distributing by such individual or both.
(c) It shall be a defense to a prosecution under this subsection if:
(1) The defendant engages in the lawful sale, furnishing or distribution of cigarettes, electronic cigarettes, or tobacco products by mail; and
(2) The defendant sold, furnished or distributed the cigarettes, electronic cigarettes, or tobacco products to the person by mail only after the person had provided to the defendant an unsworn declaration, conforming to K.S.A. 53-601 and amendments thereto, that the person was 21 or more years of age.
(d) As used in this section, sale means any transfer of title or possession or both, exchange, barter, distribution or gift of cigarettes or tobacco products, with or without consideration.
(e) Violation of this section shall constitute a Class B violation punishable by a minimum fine of $200. (K.S.A. 79-3302, 79-3321:79-3322)
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CORE/0502117.0024/162975174.1
Sec. 6.24. Commercial Fossil Hunting.
(a) It is unlawful for any commercial fossil hunter to:
(1) Go upon the land of another in search of fossils unless the commercial fossil hunter has obtained the written authorization of the landowner to go upon such land for such purpose and when requesting such written authorization has identified oneself to the landowner as a commercial fossil hunter who intends to explore the land and sell any fossils of value found on the land. The written authorization shall state that the landowner has been informed of such intended activities by the commercial fossil hunter; or
(2) Remove a fossil from the land of another upon which the fossil is located unless the landowner is first provided with a description of the fossil and the landowner authorizes in writing the removal of the fossil.
(b) (1) Violation of subsection (a)(1) is a Class B nonperson Violation.
(2) Violation of subsection (a)(2) is a Class A nonperson Misdemeanor.
(c) As used in this section:
(1) Commercial fossil hunter means an individual who goes upon the land of another in search of fossils with the intent to sell fossils of value found upon such land;
(2) Fossil means any impression or trace of an animal or plant of a past geological age preserved in the earth’s crust;
(3) Landowner means the record owner of the fee in real estate or the tenant of such owner who occupies such real estate, if so authorized by the owner; and
(4) Land of another means all real estate other than that owned or leased by any governmental entity or the commercial fossil hunter.
(d) This section is supplemental to and not in lieu of any other ordinance of this city or law of this state relating to entering or remaining upon the land of another and relating to the removal of items of value from the property of another.
(e) It shall not be a defense that the person did not know or have reason to know that such person was on the landowner’s property. (K.S.A. 21-5811)
Sec. 10.1. Criminal Use of Weapons.
(a) Criminal use of weapons is knowingly:
(1) Selling, manufacturing, purchasing or possessing any bludgeon, sand club, or metal knuckles;
Page 3
CORE/0502117.0024/162975174.1
(2) Possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slungshot, dangerous knife, straight-edged razor, throwing star, stiletto or any other dangerous or deadly weapon or instrument of like character;
(3) Setting a spring gun;
(b) is a Class A violation;
(c) Subsections (a)(1) and (a)(2) shall not apply to:
(1) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
(2) Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority;
(3) Members of the armed services or reserve forces of the United States or the Kansas national guard while in the performance of their official duty; or
(4) The manufacture of, transportation to, or sale of weapons to a person authorized under subsections (c)(1), (c)(2) and (c)(3) to possess such weapons. (K.S.A. 21-6301)
Sec. 10.2. Reserved for Future Use.
Sec. 10.3. Reserved for Future Use.
Sec. 10.29 Violation of a Public Health Order.
(a) It shall be unlawful for any person to violate, refuse, or fail to comply with, a written order of the County Health Officer, Board of Health, or Director of Health issued under their respective authorities.
(b) A violation of this section is a Class C violation.
Sec. 11.9. Commercial Gambling.
(a) Commercial gambling is knowingly:
(1) Granting the use or allowing the continued use of a place as a gambling place; or
(2) Permitting another to set up a gambling device for use in a place under the offender’s control.
(b) Commercial gambling is a Class B violation. (K.S.A. 21-65406)
Page 4
CORE/0502117.0024/162975174.1 CITY OF FAIRWAY, KANSAS ORDINANCE NO. 170429
AN ORDINANCE RELATING TO THE REGULATION OF TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF FAIRWAY, KANSAS, INCORPORATING BY REFERENCE THE "STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES," EDITION OF 2019, BY AMENDING, REPEALING AND READOPTING CERTAIN PROVISIONS OF ARTICLE II, "STANDARD TRAFFIC ORDINANCE," AND ARTICLE III, "LOCAL TRAFFIC REGULATIONS," OF CHAPTER 10, "TRAFFIC AND VEHICLES," OF THE CODE OF THE CITY OF FAIRWAY, KANSAS. 47TH EDITION, WITH CERTAIN ADDITIONS; AMENDING OR READOPTING AND REPEALING EXISTING SECTIONS 10-19 THROUGH 10-22, INCLUSIVE, AND SECTIONS 10-48 THROUGH 10-66, INCLUSIVE, OF THE CODE OF ORDINANCES, CITY OF FAIRWAY, KANSAS; AND REPEALING ORDINANCE NO. 1704.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRWAY, KANSAS:
SECTION 1. That existing Existing Section 10-19 entitled "Incorporating standard traffic ordinance" of Chapter 10, entitled "Traffic and Vehicles" of the Code of the Ordinances, City of Fairway, Kansas, be (the "Code") is hereby amended to read as follows:
Sec. 10-19. - Incorporating standard traffic ordinance.
There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Fairway, Kansas, that certain standard traffic ordinance known as the "Standard Traffic Ordinance for Kansas Cities, " 47th Edition of 2019(the "2020 STO"), prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except those articles, parts or portions as are hereafter omitted, deleted, modified or changed, and with those with the additions thereto as are in Article III of this Chapter 10 made by this article or any other ordinance of the City hereafter adopted; this incorporation being authorized by K.S.A. 12-3009 to 12-3012 and 12-3301 and 12-3302, inclusive, as amended. At least one copy of this Standard Traffic Ordinance No fewer than one (1) copy of the 2020 STO shall be marked or stamped "Official Copy as Adopted by Ordinance No. 170429"," with all sections or portions thereof intended to be changed added clearly marked to show any change, such addition and to which shall be attached a copy of the ordinance from which this article is derived, and shall be Ordinance No. 1729, and filed with the City Clerk to be open to inspection and to be available to the public at all reasonable hours. The Police Department, Municipal Judge and all other administrative departments of the City, charged with enforcement of the Standard Traffic Ordinance, 2020 STO shall be supplied, at the cost of the City, with the number of official copies of this Standard Traffic Ordinance, the 2020 STO similarly marked, as it may be deemed expedient.
SECTION 2. That existing Existing Section 10-1920 of the Code of the City of Fairway, Kansas, is hereby repealed.SECTION 3. That existing Section 10-20 entitled "Traffic infractions and traffic offenses" of Chapter 10, entitled "Traffic and Vehicles" of the Code of the City of Fairway, Kansas, be readopted to read as follows:
DB02/0502117.0005/10208828.11 Sec. 10-20. - Traffic infractions and traffic offenses.
(a) An ordinance traffic infraction is a violation of any section of this article Chapter 10 that prescribes or requires the same behavior as that prescribed or required by a statutory provision which is classified as a traffic infraction in K.S.A. 8-2118, or amendments thereto.
(b) All traffic violations that are included within this article Chapter 10 and that are not ordinance traffic infractions as defined in Subsection (a) of this section Section 10-20(a) above shall be considered traffic offenses.
SECTION 43. That existing Existing Section 10-201 of the Code of the City of Fairway, Kansas, is hereby repealed.SECTION 5. That existing Section 10-21 entitled "Penalty for scheduled fines" of Chapter 10, entitled "Traffic" of the Code of the City of Fairway, Kansas, be readopted to read as follows:
Sec. 10-21. - Penalty for scheduled fines.
The fine for violation of an ordinance traffic infraction or any other traffic offense for which the Municipal Judge establishes a fine in a fine schedule shall not be less than ten dollars ($10.00) nor more than one thousand five hundred dollars ($1,500.00). A person tried and convicted for violation of an ordinance traffic infraction or other traffic offense for which a fine has been established in a schedule of fines shall pay a fine fixed by the Court not to exceed one thousand five hundred dollars ($1,500.00).
SECTION 64. That existing Existing Section 10-212 of the Code of the City of Fairway, Kansas, is hereby repealed.SECTION 7. That existing Section 10-22 entitled "Construction of traffic ordinances" of Chapter 10, entitled "Traffic" of the Code of the City of Fairway, Kansas, be readopted to read as follows:
Sec. 10-22. - Construction of traffic ordinances.
In the event that any provision incorporated by reference by Section 10-19 conflicts with a provision of Article III of this chapterChapter 10, the provisions of Article III of this cChapter 10 shall prevail.
SECTION 8. That existing Section 10-22 of the Code of the City of Fairway, Kansas, is hereby repealed.
SECTION 9. That existing SECTION 5. Existing Section 10-48 entitled "Penalty" of Chapter 10, entitled "Traffic and Vehicles" of the Code of the City of Fairway, Kansas, be is hereby readopted to read as follows:
Sec. 10-48. - Penalty.
Any person violating any provision of this article shall, upon conviction thereof, be punished by a fine of not more than one thousand five hundred dollars ($1,500.00) or by imprisonment for no more than six (6) months, or by both such fine and imprisonment.
DB02/0502117.0005/10208828.12 SECTION 106. That existing Existing Section 10-489 of the Code of the City of Fairway, Kansas, is hereby repealed.SECTION 11. That existing Section 10-49 entitled "Speed Limit on U.S. Highway 56" of Chapter 10, entitled "Traffic and Vehicles" of the Code of the City of Fairway, Kansas, be readopted to read as follows:
Sec. 10-49. - Speed limit on U.S. Highway 56.
The State Highway Commission, having determined, upon the basis of engineering and traffic investigation, that the speed limit as provided by law upon U.S. Highway 56 is greater than is reasonable or safe under the conditions found to exist, has determined and declared a reasonable and safe speed limit thereon to be thirty-five miles per hour (35 mph) and has erected appropriate signs giving notice thereof, the speed limit on the street for the entire length thereof in the City is hereby set at thirty-five miles per hour (35 mph), unless posted otherwise
State Law reference— Alteration reference—Alteration of speed limits, K.S.A. 8-1560.
SECTION 127. That existing Existing Section 10-4950 of the Code of the City of Fairway, Kansas, is hereby repealed.SECTION 13. That existing Section 10-50 entitled "Speed limits on residential streets" of Chapter 10, entitled "Traffic and Vehicles" of the Code of the City of Fairway, Kansas, be readopted to read as follows:
Sec. 10-50. - Speed limits on residential streets.
The Governing Body, having determined upon the basis of engineering and traffic investigations that the speed limits permitted under State law are greater than is reasonable or safe under the conditions found to exist upon the following residential streets, hereby determines and declares that the following streets and portions of streets in the City are residential in character and the reasonable and safe speed limit on residential streets is twenty-five miles per hour (25 mph), except on the following streets and locations:
(1) Suwanee Road and Tahoe Lane, fifteen miles per hour (15 mph).
(2) 53rd Street from the Mission Road and Reinhardt intersection east to Chadwick Road, thirty miles per hour (30 mph).
(3) Roe Avenue from the south boundary of the City to the north boundary of the City, thirty- five miles per hour (35 mph), except from the intersection of 62nd Terrace north to the intersection of 61st Terrace, twenty miles per hour (20 mph) between the hours of 7:30 a.m. to 8:30 a.m.; 11:00 a.m. to 12:30 p.m.; and 2:45 p.m. to 3:30 p.m. on days when school is in session.
(4) Chadwick Road from 53rd Street south to Shawnee Mission Parkway, twenty miles per hour (20 mph).
(5) Canterbury Road from 53rd Street south to Shawnee Mission Parkway, twenty miles per hour (20 mph).
DB02/0502117.0005/10208828.13 (6) Falmouth Road from 53rd Street south to Shawnee Mission Parkway, twenty miles per hour (20 mph).
(7) 53rd Street east from Norwood Road to the dead end, fifteen miles per hour (15 mph).
(8) Mission Road from 58th Street south to 63rd Street, thirty miles per hour (30 mph).
(9) Neosho Lane from 53rd Street to Shawnee Mission Parkway, twenty miles per hour (20 mph).
State Law reference— Alteration reference—Alteration of speed limits, K.S.A. 8-1560.
SECTION 14. That existing Section 10-50 of the Code of the City of Fairway, Kansas, is hereby repealed. SECTION 15. That existing Section 10-51 entitled "Trespass by motor vehicle" of Chapter 10, entitled "Traffic and Vehicles" of the Code of the City of Fairway, Kansas, be readopted to read as follows: SECTION 8. Existing Section 10-51 of the Code is hereby amended to read as follows:
Sec. 10-51. - Trespass by motor vehicle.
No person shall operate a motor vehicle over private property of another, except on a private road or driveway, as defined in Section 1 of the Standard Traffic Ordinance 2020 STO incorporated by reference in Section 10-19, and then only with expressed or implied permission from the owner.
SECTION 169. That existing Existing Section 10-512 of the Code of the City of Fairway, Kansas, is hereby repealed.SECTION 17. That existing Section 10-52 entitled "Trucks prohibited on certain streets" of Chapter 10, entitled "Traffic and Vehicles" of the Code of the City of Fairway, Kansas, be readopted to read as follows:
Sec. 10-52. - Trucks prohibited on certain streets.
When signs are erected giving notice thereof, no person shall at any time drive a motor truck of a State licensing rating of one (1) ton or more upon any of the streets of the City except as follows:
(1) Shawnee Mission Parkway;
(2) Belinder Road from Shawnee Mission Parkway to the northern City limits;
(3) Norwood Road from Shawnee Mission Parkway to the 53rd Street;
(4) The south side of 55th Street between Shawnee Mission Parkway and the westernmost entrance to the Fairway Office Park;
(5) Motor trucks constructed for the purpose of carrying passengers;
(6) Motor trucks engaged in the repair or construction of streets within the City;
DB02/0502117.0005/10208828.14 (7) Vehicles carrying goods, merchandise or other articles to or from any residential property with an address in the City;
(8) Tow trucks or repair vehicles for stalled or damaged motor vehicles located within the City;
(9) Pickup trucks;
(10) Emergency vehicles (fire trucks and apparatus, mobile command centers and ambulances), regardless of whether en route to an emergency within or without the City; or
(11) Motor vehicles carrying goods, merchandise or other articles to or from any commercial property with an address on Mission Road in the City may be driven upon Mission Road.
State Law reference— Truck reference—Truck routes authorized, K.S.A. 8-1912.
SECTION 180. That existing Existing Section 10-523 of the Code of the City of Fairway, Kansas, is hereby repealed.SECTION 19. That existing Section 10-53 entitled "Main trafficways" of Chapter 10, entitled "Traffic and Vehicles" of the Code of the City of Fairway, Kansas, be readopted to read as follows:
Sec. 10-53. - Main trafficways.
The streets set out identified below in this section as follows Section 10-53 are hereby designated as main trafficways, pursuant to K.S.A. 12-685 , and Ttrafficway connections, pursuant to K.S.A. 12-686:
(1) Belinder Road - State Park Road to Shawnee Mission Parkway;
(2) Norwood Road - State Park Road to Shawnee Mission Parkway;
(3) Fairway Road - State Park Road to 53rd Street;
(4) Aberdeen Road - State Park Road to 53rd Street;
(5) Chadwick Road - State Park Road to 53rd Street;
(6) Canterbury Road - State Park Road to 53rd Street;
(7) Falmouth Road - State Park Road to 53rd Street;
(8) Pawnee Lane - Shawnee Mission Parkway to 53rd Street;
(9) Mohawk Lane - Shawnee Mission Parkway to 53rd Street;
(10) Neosho Lane - Shawnee Mission Parkway to 53rd Street;
(11) Windsor Drive - Reinhardt Drive to Eastvale Road;
DB02/0502117.0005/10208828.15 (12) Cherokee Drive - Windsor Drive to Eastvale Road;
(13) Reinhardt Drive - 63rd Street to Mission Road;
(14) Sunrise Drive - Reinhardt Drive to Eastvale Road;
(15) Lockton Lane - Reinhardt Drive to 61st Terrace;
(16) Howe Drive- Reinhardt Drive to 63rd Street;
(17) Eastvale Road - Mission Road to Windsor Drive;
(18) 61st Terrace - Mission Road to Reinhardt Drive;
(19) Glenfield Drive - Howe Drive to 63rd Street;
(20) Brookridge Drive - Shawnee Mission Parkway to Sheridan Drive;
(21) Buena Vista Street -58th Street to 56th Street;
(22) Sheridan Drive -58th Street to Shawnee Mission Parkway;
(23) 57th Street - Buena Vista to Mission Road;
(24) 57th Terrace - Buena Vista to Mission Road;
(25) 58th Street - Fontana Drive to Mission Road;
(26) Neosho Avenue - 57th Street to 56th Street;
(27) Granada Lane - 59th Street to Granada Street;
(28) South side of 55th Street - Shawnee Mission Parkway to Granada;
(29) Fontana Drive - 59th Street to 58th Street;
(30) El Monte Drive - 59th Street to Alhambra Drive;
(31) Alhambra Drive - 59th Street to 58th Street;
(32) State Park Road - Mission Road to Belinder Road;
(33) South half of 53rd Street - Buena Vista Drive to Mission Road;
(34) South half of 53rd Street - Shawnee Mission Parkway to Mission Road;
(35) East half of Buena Vista Drive - Shawnee Mission Parkway to 53rd Street;
(36) North half of 63rd Street - Mission Road to Reinhardt Drive;
DB02/0502117.0005/10208828.16 (37) Alhambra Street - 61st Street to 59th Street;
(38) Buena Vista Street - 62nd Street to 59th Street;
(39) Catalina Street - 62nd Street to 59th Street;
(40) Delmar Street - 62nd Terrace to 59th Street;
(41) El Monte Street - 62nd Street to 59th Street,
(42) Fontana Street - 62nd Street to 59th Street;
(43) Granada Street - 62nd Street to Granada Lane;
(44) 62nd Terrace - Roe Avenue to cul-de-sac;
(45) 62nd Street - Roe Avenue to Mission Road;
(46) 61st Street - Roe Avenue to Mission Road;
(47) 60th Street - Roe Avenue to Mission Road;
(48) 59th Street - Roe Avenue to Mission Road;
(49) 61st Terrace - Roe Avenue to Granada Street;
(50) 60th Terrace - Roe Avenue to Granada Street;
(51) 59th Terrace - Roe Avenue to Granada Street;
(52) Mission Road, within the City limits;
(53) Shawnee Mission Parkway - within the City limits;
(54) Windsor Lane - Shawnee Mission Parkway to cul-de-sac;
(55) Suwanee Road - Mission Road to cul-de-sac;
(56) Tahoe Lane - Suwanee Road to cul-de-sac;
(57) Wyncote Lane - Mission Road to cul-de-sac;
(58) 56th Street - Buena Vista to Neosho Avenue;
(59) 58th Street - Mission Road to cul-de-sac;
(60) 57th Terrace - Reinhardt Drive to cul-de-sac;
(61) Windsor Circle - Windsor Drive to cul-de-sac;
DB02/0502117.0005/10208828.17 (62) Cherokee Circle - Mission Road to cul-de-sac;
(63) Neosho Lane - Shawnee Mission Parkway to cul-de-sac; and
(64) North side of 53rd Street - Aberdeen to Belinder.
SECTION 20. That existing Section 10-53 of the Code of the City of Fairway, Kansas, is hereby repealed. SECTION 21. That existing Section 10-54 entitled "Through streets" of Chapter 10, entitled "Traffic and Vehicles" of the Code of the City of Fairway, Kansas, be readopted to read as follows: SECTION 11. Existing Section 10-54 of the Code is hereby amended to read as follows:
Sec. 10-54. - Through streets.
In accordance with the provisions of Section 59 of the Standard Traffic Ordinance 2020 STO incorporated by reference in Section 10-19, and when signs or signals are erected giving notice thereof, drivers of vehicles shall stop or yield as the sign directs, at every intersection, before entering any of the following streets or parts of streets hereby designated as through streets:
(1) Shawnee Mission Parkway, except at its intersection with Mission Road and Belinder Road.
(2) Roe Avenue, except at its intersection with 60th Street.
(3) 63rd Street.
(4) Belinder Road from the north City limits to Shawnee Mission Parkway.
(5) 53rd Street, except at its intersection with Buena Vista Street, Mission Road, Norwood Road and Shawnee Mission Parkway.
(6) Sheridan Drive, except at its intersection with Shawnee Mission Parkway.
(7) 59th Street, except at its intersection with Roe Avenue and Mission Road.
(8) 60th Street, except at its intersection with Roe Avenue, Delmar Street and Mission Road.
(9) 61st Street, except at its intersection with Roe Avenue and Mission Road.
(10) Mission Road, except at its intersection with 53rd Street and Shawnee Mission Parkway.
(11) State Park Road, except at its intersection with Shawnee Mission Parkway, Canterbury Road and Fairway Road.
State Law reference— Authority reference—Authority to designate through streets, K.S.A. 8- 2002(a)(6).
SECTION 22. That existing Section 10-54 of the City of Fairway, Kansas, is hereby
DB02/0502117.0005/10208828.18 repealed.
SECTION 23. That existing SECTION 12. Existing Section 10-55 entitled "No passing on 63rd Street" of Chapter 10, entitled "Traffic and Vehicles" of the Code of the City of Fairway, Kansas, be is hereby readopted to read as follows:
Sec. 10-55. - No passing on 63rd Street.
Motor vehicular passing is hereby prohibited on 63rd Street, and no driver shall at any time drive on the left side of the roadway, except when an obstruction exists making it necessary to do so and only then upon yielding the right-of-way to any vehicular traffic traveling in the opposite direction within that distance which is necessary to avoid an immediate hazard.
State Law reference— Authority reference—Authority to establish no passing zones, K.S.A. 8- 1520.
SECTION 24. That existing Section 10-55 of the Code of the City of Fairway, Kansas, is hereby repealed.
SECTION 13. Existing Section 10-56 is hereby amended to read as follows:
SECTION 25. That existing Section 10-56 entitled "Stop intersections other than on through streets" of Chapter 10, entitled "Traffic" of the Code of the City of Fairway, Kansas, be readopted to read as follows: Sec. 10-56. - Stop intersections other than on through streets.
In accordance with the provisions of the Standard Traffic Ordinance 2020 STO incorporated by reference in Section 10-19, the following intersections are hereby designated as stop intersections and when signs or signals are erected at one (1) or more entrances as stated, the drivers of vehicles shall stop, as provided by Section 59 of the Standard Traffic Ordinance2020 STO, before entering the intersection:
(1) Intersection of 61st Terrace and Howe Drive, east, west, north and south entrances;
(2) Intersection of 61st Terrace and Granada Street, west entrance;
(3) Intersection of Eastvale Road and Reinhardt Drive, east, west, north and south entrances;
(4) Intersection of Eastvale Road and Howe Drive, north, south, east and west entrances;
(5) Intersection of Reinhardt Drive and Windsor Drive, east entrance;
(6) Intersection of Lockton Lane and Eastvale Drive, north and south entrances;
(7) Intersection of Granada Street and 62nd Street, north, south, east and west entrances;
(8) Intersection of Delmar Street and 62nd Terrace, east and west entrances;
(9) Intersection of Granada Street and 62nd Terrace, east, west, north and south entrances;
DB02/0502117.0005/10208828.19 (10) Intersection of Buena Vista Drive and 58th Street, north and east entrance;
(11) Intersection of Buena Vista Drive and Sheridan Drive, west entrance;
(12) Intersection of Alhambra Drive and 58th Street, south entrance;
(13) Intersection of 57th Terrace at Howe Drive, west entrance;
(14) Intersection of Buena Vista Drive and 57th Street, north and south entrance;
(15) Intersection of Catalina and 61st Street, east, west, north and south entrances;
(16) Intersection of State Park Road and Canterbury Road, east and north entrance;
(17) Intersection of State Park Road and Fairway Road, east and north entrance;
(18) Intersection of 53rd Street and Norwood Road, east, west, and north entrances;
(19) Southbound traffic at Norwood Road and Shawnee Mission Parkway intersection;
(20) Eastbound traffic at 53rd Street and Shawnee Mission Parkway intersection;
(21) Southbound traffic from Belinder Road parking lot at 53rd Street;
(22) Eastbound traffic on 61st Terrace at its intersection with Reinhardt Drive;
(23) Intersection of El Monte Street and 59th, east, west, north and south entrances;
(24) Intersection of Delmar Street and 62nd Street, east, west, north and south entrances;
(25) Intersection of Brookridge Drive and Sheridan Drive, east, west, north and south entrances;
(26) Intersection of Reinhardt Drive and Sunrise Drive, north, south and west entrances; and
(27) Intersection of Reinhardt Drive and Lockton Lane, north, south and west entrances.
State Law reference— Authority reference—Authority to designate stop streets, K.S.A. 8- 2002(a)(6), 8-2008.
SECTION 2614. That existing Existing Section 10-567 of the Code of the City of Fairway, Kansas, is hereby repealed.SECTION 27. That existing Section 10-57 entitled "No left turn permitted" of Chapter 10, entitled "Traffic and Vehicles" of the Code of the City of Fairway, Kansas, be readopted to read as follows:
Sec. 10-57. No left turn permitted.
No left turn is permitted by traffic proceeding from Brookridge Drive onto Shawnee Mission Parkway.
DB02/0502117.0005/10208828.110 State Law reference— Authority reference—Authority to prohibit turns, K.S.A. 8-2002(a)(9).
SECTION 2815. That existing Existing Section 10-578 of the Code of the City of Fairway, Kansas, is hereby repealed.SECTION 29. That existing Section 10-58 entitled "Stopping, standing and parking; where prohibited" of Chapter 10, entitled "Traffic and Vehicles" of the Code of the City of Fairway, Kansas, be readopted to read as follows:
Sec. 10-58. - Stopping, standing and parking; where prohibited.
(a) No driver of a vehicle shall stop, stand or park a vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control sign or signal:
(1) On private property or upon an area privately developed as an off-street parking facility, without the consent of the owner, lessee or person in charge of that private property or facility;
(2) On privately developed parking areas, adequate notice shall be given in the immediate area by signs indicating privately developed parking for certain businesses;
(3) On lawns or other areas of lots zoned for residential use between the building line and the street, except on established driveways;
(4) On either side of Mission Road between Shawnee Mission Parkway and West 63rd Street; and
(5) On any street for more than twenty-four (24) hours at any one (1) time. Summons may be issued by the City upon written complaint of the private property owner, lessee or person in charge of any private property or facility. Upon receiving a complaint or finding a vehicle in violation of this sectionSection 10-58, a police officer may affix written notice to the vehicle stating the date and time of the violation. If after a twenty-four (24) hour period , the violation has not been abated a summons may be issued. If the violation still has not been abated after forty-eight (48) hours and a summons has been issued, a police officer is authorized to have the vehicle removed by a licensed towing service approved by the Chief of Police to do business with the Police Department to a secure facility at the cost of the vehicle's owner. Summons may be issued by the City upon written complaint of the private property owner, lessee or person in charge of any private property or facility.
(b) The following shall be exempt from the provisions of this sectionSection 10-58:
(1) Emergency public safety vehicles;
(2) Emergency activities of or at the direction of the Fire, Police or Public Works Departments;
(3) Emergency activities of any utility company;
DB02/0502117.0005/10208828.111 (4) Any commercial vehicle providing a bona fide delivery service;
(5) Any activities approved by the Governing Body.
State Law reference— Authority reference—Authority to regulate or prohibit stopping, standing or parking, K.S.A. 8-2002(a)(1).
SECTION 3016. That existing Existing Section 10-589 of the Code of the City of Fairway, Kansas, is hereby repealed.SECTION 31. That existing Section 10-59 entitled "Chief of police; removal of a vehicle" of Chapter X, entitled "Traffic and Vehicles" of the Code of the City of Fairway, Kansas, be amended to read as follows:
Sec. 10-59. - Chief of Police; removal of vehicle.
The Chief of Police or any City Police Officer is hereby authorized to cause the removal of a vehicle from any private property or area developed as an off-street parking facility upon written complaint of the private property owner or facility and following a diligent but unsuccessful effort to locate the owner or person in control of said vehicle. Said vehicle shall be removed to the closest designated storage garage at the cost of the owner. The Chief of Police shall keep a record of all vehicles so removed, as provided in this article, and shall also keep a record of the designated garages to which these vehicles may be removed. This sectionSection 10-59, Section 10-61, any other section of this CodeChapter 10, and Section 84 or any other section of the 2019 Standard Traffic Ordinance for Kansas Cities 2020 STO incorporated by reference in Section 10- 19 that authorizes the removal of vehicles shall constitute authority of the Chief of Police or any City Police Officer to cause such vehicle to be towed. The maximum rate for wrecker or towing services and the maximum storage fee shall the reasonable and customary rate and fee for such services in Johnson County, Kansas at the time that the services are rendered. The owner of each vehicle towed shall have access to personal property in that vehicle on or before forty -eight (48) hours after the vehicle is towed and the wrecker or towing service shall report the location of the vehicle to the Police Department within two (32) hours of the conclusion of the tow.
SECTION 3217. That existing Existing Section 10-5960 of the Code of the City of Fairway, Kansas, is hereby repealed.SECTION 33. That existing Section 10-60 entitled "Parking: traffic hazard, prohibited" of Chapter 10, entitled "Traffic and Vehicles" of the Code of the City of Fairway, Kansas, be readopted to read as follows:
Sec. 10-60. - Parking: traffic hazard, prohibited.
(a) No person shall park, stop or leave standing any vehicle in any street, alley or avenue, whether attended or unattended, in a manner or in a position so as to create a traffic hazard or so as to endanger vehicular or pedestrian travel on that street. This sSection 10-60 shall not apply to the driver of any vehicle that is disabled to the extent that it is impossible to avoid stopping and temporarily leaving that disabled vehicle stopped in that position, who takes reasonable prompt action to have the vehicle removed to a safe place.
(b) Parking is prohibited at all times at the following locations:
DB02/0502117.0005/10208828.112 (1) On the north side of 62nd Street from a point thirty feet (30') west of Mission Road to Mission Road and from a point 30 feet east of the entrance to the City park parking lot to the entrance to the City park parking lot;
(2) On the east side of Roe Avenue from the south City limits to the north City limits, except in designated marked parking areas;
(3) On the west side of Mission Road from Shawnee Mission Parkway north five hundred feet (500');
(4) From 7:00 a.m. to 6:00 p.m. on the east side of Mission Road from Shawnee Mission Parkway to 53rd Street;
(5) On the east side of Buena Vista from Shawnee Mission Parkway to 53rd Street;
(6) On the south side of 53rd Street from Chadwick to Norwood;
(7) On the east side of Belinder from State Park Road to Shawnee Mission Parkway;
(8) On the north side of 62nd Street from a point approximately 86.11 feet east of Roe Avenue to Roe Avenue;
(9) Belinder Road, both sides, north of Shawnee Mission Parkway to the City limit;
(10) On the east side of Fairway Road from Shawnee Mission Parkway to 53rd Street;
(11) On the south side of 62nd Street from a point approximately 36 feet west of Mission Road to Mission Road;
(12) On the north side and south side of 60th Street from a point approximately one hundred and fifty feet (150') east of Roe Avenue to Roe Avenue;
(13) On the west side of Fairway Road from a point approximately ninety-five feet (95') north of Shawnee Mission Parkway to Shawnee Mission Parkway;
(14) On the south side of 55th Street from Shawnee Mission Parkway west five hundred and eighty-seven feet (587'); and
(15) On the south side of 62nd Street from Roe Avenue to Granada Street.
State Law reference— Authority reference—Authority to regulate or prohibit stopping, standing or parking, K.S.A. 8-2002(a)(1).
SECTION 34. That existing Section 10-60 of the Code of the City of Fairway, Kansas, is hereby repealed. SECTION 35. That existing Section 10-61 entitled "Removal of any vehicle parked in violation of Section 10-60" of Chapter X, entitled "Traffic and Vehicles" of the Code of the City of Fairway, Kansas, be amended to read as follows: SECTION 18. Existing Section 10-61 of the Code is hereby readopted as follows:
DB02/0502117.0005/10208828.113 Sec. 10-61. - Removal of any vehicle parked in violation of Section 10-60.
Whenever a police officer finds a vehicle standing upon a street, alley or avenue in violation of Section 10-60, that officer is authorized to move that vehicle or require the driver or other person in charge of that vehicle to move the vehicle to a position of safety or, if necessary, to be towed away and stored in a garage at the expense of the owner of the vehicle, as set forth in Section 10- 59.
SECTION 3619. That existing Existing Section 10-612 of the Code of the City of Fairway, Kansas, is hereby repealed.SECTION 37. That existing Section 10-62 entitled "Abandoned vehicles" of Chapter 10, entitled "Traffic" of the Code of the City of Fairway, Kansas, be readopted to read as follows:
Sec. 10-62. - Abandoned vehicles.
No person shall abandon and leave a motor vehicle in any street, alley or avenue, whether attended or unattended, in a manner or in a position so as to create a traffic hazard or so as to endanger vehicular or pedestrian travel on that street. This sSection 10-62 shall not apply to the driver of any vehicle that is disabled to the extent that it is impossible to avoid stopping and temporarily leaving that disabled vehicle stopped in that position, who takes reasonable prompt action to have the vehicle removed to a safe place.
SECTION 3820. That existing Existing Section 10-623 of the Code of the City of Fairway, Kansas, is hereby repealed.SECTION 39. That existing Section 10-63 entitled "On-street parking in residential areas" of Chapter 10, entitled "Traffic and Vehicles" of the Code of the City of Fairway, Kansas, be readopted to read as follows:
Sec. 10-63. - On-street parking in residential areas.
(a) Except as otherwise provided in Subsection (d) of this section Section 10-63(d) below and subject to the additional restrictions contained in Subsection (b) of this sectionSection 10-63(b) below, no person shall, park, stand, or store, for more than twelve (12) hours on any day on any street, alley or avenue in an area zoned for residential use, a trailer, semi-trailer, boat, bus, camper, recreational vehicle, mobile home (self-propelled or otherwise), oversized motor vehicle, tractor or other type of wheeled vehicle, other than passenger vehicles and motorcycles.
(b) For purposes of this sectionSection 10-63, the term "oversized motor vehicle" means any of the following: any motor vehicle exceeding twenty-eight feet (28') in length, any motor vehicle with a licensed gross weight exceeding twelve thousand pounds (12,000 lbs.).
(c) Except as otherwise provided in Subsection (d) of this sectionSection 10-63(d) below, in areas zoned for residential use, where on-street parking is otherwise permitted, no person shall park, stand or store, on the street, any motor vehicle that exceeds seven and one-half feet (7½') in width in its widest point.
(d) Exceptions to the provisions of this sSection 10-63 may be authorized by a permit issued by the Police Department, where the exceptions will not endanger the public safety or welfare of
DB02/0502117.0005/10208828.114 the residents of the area or motorist of the street. No such permit shall be granted for a period exceeding seven (7) days.
State Law reference— Authority reference—Authority to regulate or prohibit stopping, standing or parking, K.S.A. 8-2002(a)(1).
SECTION 40. That existing Section 10-63 of the City of Fairway, Kansas, is hereby repealed.
SECTION 41. That existing SECTION 21. Existing Section 10-64 entitled "Emergency regulations under hazardous conditions" of Chapter 10, entitled "Traffic and Vehicles" of the Code of the City of Fairway, Kansas, be of the Code is hereby readopted to read as follows:
Sec. 10-64. - Emergency regulations under hazardous conditions.
When snow, sleet or freezing rain is causing slippery or hazardous conditions that might lead to serious traffic congestion or safety, the Mayor may declare a traffic emergency, and until that emergency is terminated, no vehicles shall be parked on any streets. All vehicles parked on a street, in this instance, must be removed within two (2) hours after the declaration of an emergency or be considered in violation of this section. Section 10-64.
SECTION 42. That existing Section 10-64 of the Code of the City of Fairway, Kansas, is hereby repealed. SECTION 43. That existing Section 10-65 entitled "Careless driving" of Chapter 10, entitled "Traffic and Vehicles" of the Code of the City of Fairway, Kansas, be SECTION 22. Existing Section 10-65 of the Code is hereby readopted to read as follows:
Sec. 10-65. - Careless driving.
It shall be unlawful for any person to drive or operate a vehicle upon any street or alley or driveway in a careless or heedless manner or without due caution and circumspection or in a manner so as needlessly to endanger or be likely to endanger any person or property.
SECTION 4423. That existing Existing Section 10-656 of the Code of the City of Fairway, Kansas, is hereby repealed.SECTION 45. That existing Section 10-66 entitled "Prohibited right turns on red signal lights" of Chapter 10, entitled "Traffic and Vehicles" of the Code of the City of Fairway, Kansas, be readopted to read as follows:
Sec. 10-66. - Prohibited right turns on red signal lights.
The Governing Body, having determined on the basis of engineering and traffic investigations that permitting right turns on a steady red signal is unreasonable or unsafe under the conditions found to exist as certain intersections of the City, hereby determines and declares that right turns on a steady red signal are prohibited at the following locations: Southbound Belinder Road at its intersection with Shawnee Mission Parkway between the hours of 7:00 a.m. and 7:00 p.m.
SECTION 46. That existing Section 10-66 of the Code of the City of Fairway, Kansas, is hereby repealed.
DB02/0502117.0005/10208828.115 SECTION 24. Existing Sections 10-19 through 10-22, inclusive, and existing Sections 10- 48 through 10-66, inclusive, of the Code, and Ordinance No. 1704, are hereby repealed. The repeal of any ordinance or parts of an ordinance by this Ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding under or by virtue of the repealed ordinance.
SECTION 47. Ordinance No. 1675 is hereby repealed.
SECTION 48. Interpretation: This ordinance SECTION 25. This Ordinance shall be construed as follows:
a. Liberal Construction: The provisions of this oOrdinance shall be liberally construed to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience.
b. Savings Clause: The repeal of any ordinance or cCode section, as provided herein, shall not revive an ordinance previously repealed, nor shall the repeal affect any right that accrued, any duty imposed, any penalty incurred or any proceedings commenced, under or by virtue of the ordinance repealed. Any ordinance or cCode repealed continues in force and effect after the passage, approval, and publication of this oOrdinance for the purpose of pursuing these rights, duties, penalties or proceedings.
c. Invalidity: If for any reason any chapter, article, section, subsection, sentence, portion or part of this oOrdinance, or the application thereof to any person or circumstance, is declared to be unconstitutional or invalid, that decision shall not affect the validity of the remaining sections of this ordinance, City the Code or other ordinances.
SECTION 4926. Thatthis This Ordinance shall becomeeffectiveuponadoptionand take effect and be in force from and after its publication, or the publication of t h e a certified summary thereof, in the official City newspaper.
[Remainder of page intentionally left blank; signature page follows.]
DB02/0502117.0005/10208828.116 PASSED by the City Council the 141th day of October January, 20219. APPROVED by the Mayor.
Melanie Hepperly, Mayor ATTEST:
Kim H. Young, City Clerk
APPROVED AS TO FORM:
______Stephen PAnna M. ChinnKrstulic, City Attorney
DB02/0502117.0005/10208828.117 CITY OF FAIRWAY, KANSAS ORDINANCE NO. 1729
AN ORDINANCE RELATING TO THE REGULATION OF TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF FAIRWAY, KANSAS, INCORPORATING BY REFERENCE THE STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES, 47TH EDITION, WITH CERTAIN ADDITIONS; AMENDING OR READOPTING AND REPEALING EXISTING SECTIONS 10-19 THROUGH 10-22, INCLUSIVE, AND SECTIONS 10-48 THROUGH 10-66, INCLUSIVE, OF THE CODE OF ORDINANCES, CITY OF FAIRWAY, KANSAS; AND REPEALING ORDINANCE NO. 1704.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRWAY, KANSAS:
SECTION 1. Existing Section 10-19 of the Code of Ordinances, City of Fairway, Kansas (the "Code") is hereby amended to read as follows:
Sec. 10-19. - Incorporating standard traffic ordinance.
There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Fairway, Kansas, that certain standard traffic ordinance known as the Standard Traffic Ordinance for Kansas Cities, 47th Edition (the "2020 STO"), prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, with the additions thereto in Article III of this Chapter 10 made by this or any other ordinance of the City hereafter adopted. No fewer than one (1) copy of the 2020 STO shall be marked or stamped "Official Copy as Adopted by Ordinance No. 1729", with all sections or portions thereof intended to be added clearly marked to show such addition and to which shall be attached a copy of Ordinance No. 1729, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. The Police Department, Municipal Judge and all other administrative departments of the City charged with enforcement of the 2020 STO shall be supplied, at the cost of the City, with the number of official copies of the 2020 STO similarly marked as may be deemed expedient.
SECTION 2. Existing Section 10-20 of the Code is hereby readopted to read as follows:
Sec. 10-20. - Traffic infractions and traffic offenses.
(a) An ordinance traffic infraction is a violation of any section of this Chapter 10 that prescribes or requires the same behavior as that prescribed or required by a statutory provision which is classified as a traffic infraction in K.S.A. 8-2118, or amendments thereto.
(b) All traffic violations that are included within this Chapter 10 and that are not ordinance traffic infractions as defined in this Section 10-20(a) above shall be considered traffic offenses.
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SECTION 3. Existing Section 10-21 of the Code is hereby readopted to read as follows:
Sec. 10-21. - Penalty for scheduled fines.
The fine for violation of an ordinance traffic infraction or any other traffic offense for which the Municipal Judge establishes a fine in a fine schedule shall not be less than ten dollars ($10) nor more than one thousand five hundred dollars ($1,500). A person tried and convicted for violation of an ordinance traffic infraction or other traffic offense for which a fine has been established in a schedule of fines shall pay a fine fixed by the Court not to exceed one thousand five hundred dollars ($1,500).
SECTION 4. Existing Section 10-22 of the Code is hereby readopted to read as follows:
Sec. 10-22. - Construction of traffic ordinances.
In the event that any provision incorporated by reference by Section 10-19 conflicts with a provision of Article III of this Chapter 10, the provisions of Article III of this Chapter 10 shall prevail.
SECTION 5. Existing Section 10-48 of the Code is hereby readopted to read as follows:
Sec. 10-48. - Penalty.
Any person violating any provision of this article shall, upon conviction thereof, be punished by a fine of not more than one thousand five hundred dollars ($1,500) or by imprisonment for no more than six (6) months, or by both such fine and imprisonment.
SECTION 6. Existing Section 10-49 of the Code is hereby readopted to read as follows:
Sec. 10-49. - Speed limit on U.S. Highway 56.
The State Highway Commission, having determined, upon the basis of engineering and traffic investigation, that the speed limit as provided by law upon U.S. Highway 56 is greater than is reasonable or safe under the conditions found to exist, has determined and declared a reasonable and safe speed limit thereon to be thirty-five miles per hour (35 mph) and has erected appropriate signs giving notice thereof, the speed limit on the street for the entire length thereof in the City is hereby set at thirty-five miles per hour (35 mph), unless posted otherwise
State Law reference—Alteration of speed limits, K.S.A. 8-1560.
SECTION 7. Existing Section 10-50 of the Code is hereby readopted to read as follows:
Sec. 10-50. - Speed limits on residential streets.
The Governing Body, having determined upon the basis of engineering and traffic investigations that the speed limits permitted under State law are greater than is reasonable or safe under the conditions found to exist upon the following residential streets, hereby determines and declares that the following streets and portions of streets in the City are residential in character and
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the reasonable and safe speed limit on residential streets is twenty-five miles per hour (25 mph), except on the following streets and locations:
(1) Suwanee Road and Tahoe Lane, fifteen miles per hour (15 mph).
(2) 53rd Street from the Mission Road and Reinhardt intersection east to Chadwick Road, thirty miles per hour (30 mph).
(3) Roe Avenue from the south boundary of the City to the north boundary of the City, thirty- five miles per hour (35 mph), except from the intersection of 62nd Terrace north to the intersection of 61st Terrace, twenty miles per hour (20 mph) between the hours of 7:30 a.m. to 8:30 a.m.; 11:00 a.m. to 12:30 p.m.; and 2:45 p.m. to 3:30 p.m. on days when school is in session.
(4) Chadwick Road from 53rd Street south to Shawnee Mission Parkway, twenty miles per hour (20 mph).
(5) Canterbury Road from 53rd Street south to Shawnee Mission Parkway, twenty miles per hour (20 mph).
(6) Falmouth Road from 53rd Street south to Shawnee Mission Parkway, twenty miles per hour (20 mph).
(7) 53rd Street east from Norwood Road to the dead end, fifteen miles per hour (15 mph).
(8) Mission Road from 58th Street south to 63rd Street, thirty miles per hour (30 mph).
(9) Neosho Lane from 53rd Street to Shawnee Mission Parkway, twenty miles per hour (20 mph).
State Law reference—Alteration of speed limits, K.S.A. 8-1560.
SECTION 8. Existing Section 10-51 of the Code is hereby amended to read as follows:
Sec. 10-51. - Trespass by motor vehicle.
No person shall operate a motor vehicle over private property of another, except on a private road or driveway, as defined in Section 1 of the 2020 STO incorporated by reference in Section 10-19, and then only with expressed or implied permission from the owner.
SECTION 9. Existing Section 10-52 of the Code is hereby readopted to read as follows:
Sec. 10-52. - Trucks prohibited on certain streets.
When signs are erected giving notice thereof, no person shall at any time drive a motor truck of a State licensing rating of one (1) ton or more upon any of the streets of the City except as follows:
(1) Shawnee Mission Parkway;
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(2) Belinder Road from Shawnee Mission Parkway to the northern City limits;
(3) Norwood Road from Shawnee Mission Parkway to the 53rd Street;
(4) The south side of 55th Street between Shawnee Mission Parkway and the westernmost entrance to the Fairway Office Park;
(5) Motor trucks constructed for the purpose of carrying passengers;
(6) Motor trucks engaged in the repair or construction of streets within the City;
(7) Vehicles carrying goods, merchandise or other articles to or from any residential property with an address in the City;
(8) Tow trucks or repair vehicles for stalled or damaged motor vehicles located within the City;
(9) Pickup trucks;
(10) Emergency vehicles (fire trucks and apparatus, mobile command centers and ambulances), regardless of whether en route to an emergency within or without the City; or
(11) Motor vehicles carrying goods, merchandise or other articles to or from any commercial property with an address on Mission Road in the City may be driven upon Mission Road.
State Law reference—Truck routes authorized, K.S.A. 8-1912.
SECTION 10. Existing Section 10-53 of the Code is hereby readopted to read as follows:
Sec. 10-53. - Main trafficways.
The streets identified below in this Section 10-53 are hereby designated as main trafficways, pursuant to K.S.A. 12-685, and trafficway connections, pursuant to K.S.A. 12-686:
(1) Belinder Road - State Park Road to Shawnee Mission Parkway;
(2) Norwood Road - State Park Road to Shawnee Mission Parkway;
(3) Fairway Road - State Park Road to 53rd Street;
(4) Aberdeen Road - State Park Road to 53rd Street;
(5) Chadwick Road - State Park Road to 53rd Street;
(6) Canterbury Road - State Park Road to 53rd Street;
(7) Falmouth Road - State Park Road to 53rd Street;
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(8) Pawnee Lane - Shawnee Mission Parkway to 53rd Street;
(9) Mohawk Lane - Shawnee Mission Parkway to 53rd Street;
(10) Neosho Lane - Shawnee Mission Parkway to 53rd Street;
(11) Windsor Drive - Reinhardt Drive to Eastvale Road;
(12) Cherokee Drive - Windsor Drive to Eastvale Road;
(13) Reinhardt Drive - 63rd Street to Mission Road;
(14) Sunrise Drive - Reinhardt Drive to Eastvale Road;
(15) Lockton Lane - Reinhardt Drive to 61st Terrace;
(16) Howe Drive- Reinhardt Drive to 63rd Street;
(17) Eastvale Road - Mission Road to Windsor Drive;
(18) 61st Terrace - Mission Road to Reinhardt Drive;
(19) Glenfield Drive - Howe Drive to 63rd Street;
(20) Brookridge Drive - Shawnee Mission Parkway to Sheridan Drive;
(21) Buena Vista Street -58th Street to 56th Street;
(22) Sheridan Drive -58th Street to Shawnee Mission Parkway;
(23) 57th Street - Buena Vista to Mission Road;
(24) 57th Terrace - Buena Vista to Mission Road;
(25) 58th Street - Fontana Drive to Mission Road;
(26) Neosho Avenue - 57th Street to 56th Street;
(27) Granada Lane - 59th Street to Granada Street;
(28) South side of 55th Street - Shawnee Mission Parkway to Granada;
(29) Fontana Drive - 59th Street to 58th Street;
(30) El Monte Drive - 59th Street to Alhambra Drive;
(31) Alhambra Drive - 59th Street to 58th Street;
(32) State Park Road - Mission Road to Belinder Road;
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(33) South half of 53rd Street - Buena Vista Drive to Mission Road;
(34) South half of 53rd Street - Shawnee Mission Parkway to Mission Road;
(35) East half of Buena Vista Drive - Shawnee Mission Parkway to 53rd Street;
(36) North half of 63rd Street - Mission Road to Reinhardt Drive;
(37) Alhambra Street - 61st Street to 59th Street;
(38) Buena Vista Street - 62nd Street to 59th Street;
(39) Catalina Street - 62nd Street to 59th Street;
(40) Delmar Street - 62nd Terrace to 59th Street;
(41) El Monte Street - 62nd Street to 59th Street,
(42) Fontana Street - 62nd Street to 59th Street;
(43) Granada Street - 62nd Street to Granada Lane;
(44) 62nd Terrace - Roe Avenue to cul-de-sac;
(45) 62nd Street - Roe Avenue to Mission Road;
(46) 61st Street - Roe Avenue to Mission Road;
(47) 60th Street - Roe Avenue to Mission Road;
(48) 59th Street - Roe Avenue to Mission Road;
(49) 61st Terrace - Roe Avenue to Granada Street;
(50) 60th Terrace - Roe Avenue to Granada Street;
(51) 59th Terrace - Roe Avenue to Granada Street;
(52) Mission Road, within the City limits;
(53) Shawnee Mission Parkway - within the City limits;
(54) Windsor Lane - Shawnee Mission Parkway to cul-de-sac;
(55) Suwanee Road - Mission Road to cul-de-sac;
(56) Tahoe Lane - Suwanee Road to cul-de-sac;
(57) Wyncote Lane - Mission Road to cul-de-sac;
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(58) 56th Street - Buena Vista to Neosho Avenue;
(59) 58th Street - Mission Road to cul-de-sac;
(60) 57th Terrace - Reinhardt Drive to cul-de-sac;
(61) Windsor Circle - Windsor Drive to cul-de-sac;
(62) Cherokee Circle - Mission Road to cul-de-sac;
(63) Neosho Lane - Shawnee Mission Parkway to cul-de-sac; and
(64) North side of 53rd Street - Aberdeen to Belinder.
SECTION 11. Existing Section 10-54 of the Code is hereby amended to read as follows:
Sec. 10-54. - Through streets.
In accordance with the provisions of Section 59 of the 2020 STO incorporated by reference in Section 10-19, and when signs or signals are erected giving notice thereof, drivers of vehicles shall stop or yield as the sign directs, at every intersection, before entering any of the following streets or parts of streets hereby designated as through streets:
(1) Shawnee Mission Parkway, except at its intersection with Mission Road and Belinder Road.
(2) Roe Avenue, except at its intersection with 60th Street.
(3) 63rd Street.
(4) Belinder Road from the north City limits to Shawnee Mission Parkway.
(5) 53rd Street, except at its intersection with Buena Vista Street, Mission Road, Norwood Road and Shawnee Mission Parkway.
(6) Sheridan Drive, except at its intersection with Shawnee Mission Parkway.
(7) 59th Street, except at its intersection with Roe Avenue and Mission Road.
(8) 60th Street, except at its intersection with Roe Avenue, Delmar Street and Mission Road.
(9) 61st Street, except at its intersection with Roe Avenue and Mission Road.
(10) Mission Road, except at its intersection with 53rd Street and Shawnee Mission Parkway.
(11) State Park Road, except at its intersection with Shawnee Mission Parkway, Canterbury Road and Fairway Road.
State Law reference—Authority to designate through streets, K.S.A. 8-2002(a)(6).
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SECTION 12. Existing Section 10-55 of the Code is hereby readopted to read as follows:
Sec. 10-55. - No passing on 63rd Street.
Motor vehicular passing is hereby prohibited on 63rd Street, and no driver shall at any time drive on the left side of the roadway, except when an obstruction exists making it necessary to do so and only then upon yielding the right-of-way to any vehicular traffic traveling in the opposite direction within that distance which is necessary to avoid an immediate hazard.
State Law reference—Authority to establish no passing zones, K.S.A. 8-1520.
SECTION 13. Existing Section 10-56 is hereby amended to read as follows:
Sec. 10-56. - Stop intersections other than on through streets.
In accordance with the provisions of the 2020 STO incorporated by reference in Section 10- 19, the following intersections are hereby designated as stop intersections and when signs or signals are erected at one (1) or more entrances as stated, the drivers of vehicles shall stop, as provided by Section 59 of the 2020 STO, before entering the intersection:
(1) Intersection of 61st Terrace and Howe Drive, east, west, north and south entrances;
(2) Intersection of 61st Terrace and Granada Street, west entrance;
(3) Intersection of Eastvale Road and Reinhardt Drive, east, west, north and south entrances;
(4) Intersection of Eastvale Road and Howe Drive, north, south, east and west entrances;
(5) Intersection of Reinhardt Drive and Windsor Drive, east entrance;
(6) Intersection of Lockton Lane and Eastvale Drive, north and south entrances;
(7) Intersection of Granada Street and 62nd Street, north, south, east and west entrances;
(8) Intersection of Delmar Street and 62nd Terrace, east and west entrances;
(9) Intersection of Granada Street and 62nd Terrace, east, west, north and south entrances;
(10) Intersection of Buena Vista Drive and 58th Street, north and east entrance;
(11) Intersection of Buena Vista Drive and Sheridan Drive, west entrance;
(12) Intersection of Alhambra Drive and 58th Street, south entrance;
(13) Intersection of 57th Terrace at Howe Drive, west entrance;
(14) Intersection of Buena Vista Drive and 57th Street, north and south entrance;
(15) Intersection of Catalina and 61st Street, east, west, north and south entrances;
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(16) Intersection of State Park Road and Canterbury Road, east and north entrance;
(17) Intersection of State Park Road and Fairway Road, east and north entrance;
(18) Intersection of 53rd Street and Norwood Road, east, west, and north entrances;
(19) Southbound traffic at Norwood Road and Shawnee Mission Parkway intersection;
(20) Eastbound traffic at 53rd Street and Shawnee Mission Parkway intersection;
(21) Southbound traffic from Belinder Road parking lot at 53rd Street;
(22) Eastbound traffic on 61st Terrace at its intersection with Reinhardt Drive;
(23) Intersection of El Monte Street and 59th, east, west, north and south entrances;
(24) Intersection of Delmar Street and 62nd Street, east, west, north and south entrances;
(25) Intersection of Brookridge Drive and Sheridan Drive, east, west, north and south entrances;
(26) Intersection of Reinhardt Drive and Sunrise Drive, north, south and west entrances; and
(27) Intersection of Reinhardt Drive and Lockton Lane, north, south and west entrances.
State Law reference—Authority to designate stop streets, K.S.A. 8-2002(a)(6), 8-2008.
SECTION 14. Existing Section 10-57 of the Code is hereby readopted to read as follows:
Sec. 10-57. No left turn permitted.
No left turn is permitted by traffic proceeding from Brookridge Drive onto Shawnee Mission Parkway.
State Law reference—Authority to prohibit turns, K.S.A. 8-2002(a)(9).
SECTION 15. Existing Section 10-58 of the Code is hereby readopted to read as follows:
Sec. 10-58. - Stopping, standing and parking; where prohibited.
(a) No driver of a vehicle shall stop, stand or park a vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control sign or signal:
(1) On private property or upon an area privately developed as an off-street parking facility, without the consent of the owner, lessee or person in charge of that private property or facility;
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(2) On privately developed parking areas, adequate notice shall be given in the immediate area by signs indicating privately developed parking for certain businesses;
(3) On lawns or other areas of lots zoned for residential use between the building line and the street, except on established driveways;
(4) On either side of Mission Road between Shawnee Mission Parkway and West 63rd Street; and
(5) On any street for more than twenty-four (24) hours at any one (1) time. Summons may be issued by the City upon written complaint of the private property owner, lessee or person in charge of any private property or facility. Upon receiving a complaint or finding a vehicle in violation of this Section 10-58, a police officer may affix written notice to the vehicle stating the date and time of the violation. If after a twenty-four (24) hour period, the violation has not been abated a summons may be issued. If the violation still has not been abated after forty-eight (48) hours and a summons has been issued, a police officer is authorized to have the vehicle removed by a licensed towing service approved by the Chief of Police to do business with the Police Department to a secure facility at the cost of the vehicle's owner. Summons may be issued by the City upon written complaint of the private property owner, lessee or person in charge of any private property or facility.
(b) The following shall be exempt from the provisions of this Section 10-58:
(1) Emergency public safety vehicles;
(2) Emergency activities of or at the direction of the Fire, Police or Public Works Departments;
(3) Emergency activities of any utility company;
(4) Any commercial vehicle providing a bona fide delivery service;
(5) Any activities approved by the Governing Body.
State Law reference—Authority to regulate or prohibit stopping, standing or parking, K.S.A. 8- 2002(a)(1).
SECTION 16. Existing Section 10-59 of the Code is hereby amended to read as follows:
Sec. 10-59. - Chief of Police; removal of vehicle.
The Chief of Police or any City Police Officer is hereby authorized to cause the removal of a vehicle from any private property or area developed as an off-street parking facility upon written complaint of the private property owner or facility and following a diligent but unsuccessful effort to locate the owner or person in control of said vehicle. Said vehicle shall be removed to the closest designated storage garage at the cost of the owner. The Chief of Police shall keep a record of all vehicles so removed, as provided in this article, and shall also keep a record
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of the designated garages to which these vehicles may be removed. This Section 10-59, Section 10-61, any other section of this Chapter 10, and Section 84 or any other section of the 2020 STO incorporated by reference in Section 10-19 that authorizes the removal of vehicles shall constitute authority of the Chief of Police or any City Police Officer to cause such vehicle to be towed. The maximum rate for wrecker or towing services and the maximum storage fee shall the reasonable and customary rate and fee for such services in Johnson County, Kansas at the time that the services are rendered. The owner of each vehicle towed shall have access to personal property in that vehicle on or before forty-eight (48) hours after the vehicle is towed and the wrecker or towing service shall report the location of the vehicle to the Police Department within two (2) hours of the conclusion of the tow.
SECTION 17. Existing Section 10-60 of the Code is hereby readopted to read as follows:
Sec. 10-60. - Parking: traffic hazard, prohibited.
(a) No person shall park, stop or leave standing any vehicle in any street, alley or avenue, whether attended or unattended, in a manner or in a position so as to create a traffic hazard or so as to endanger vehicular or pedestrian travel on that street. This Section 10-60 shall not apply to the driver of any vehicle that is disabled to the extent that it is impossible to avoid stopping and temporarily leaving that disabled vehicle stopped in that position, who takes reasonable prompt action to have the vehicle removed to a safe place.
(b) Parking is prohibited at all times at the following locations:
(1) On the north side of 62nd Street from a point thirty feet (30') west of Mission Road to Mission Road and from a point 30 feet east of the entrance to the City park parking lot to the entrance to the City park parking lot;
(2) On the east side of Roe Avenue from the south City limits to the north City limits, except in designated marked parking areas;
(3) On the west side of Mission Road from Shawnee Mission Parkway north five hundred feet (500');
(4) From 7:00 a.m. to 6:00 p.m. on the east side of Mission Road from Shawnee Mission Parkway to 53rd Street;
(5) On the east side of Buena Vista from Shawnee Mission Parkway to 53rd Street;
(6) On the south side of 53rd Street from Chadwick to Norwood;
(7) On the east side of Belinder from State Park Road to Shawnee Mission Parkway;
(8) On the north side of 62nd Street from a point approximately 86.11 feet east of Roe Avenue to Roe Avenue;
(9) Belinder Road, both sides, north of Shawnee Mission Parkway to the City limit;
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(10) On the east side of Fairway Road from Shawnee Mission Parkway to 53rd Street;
(11) On the south side of 62nd Street from a point approximately 36 feet west of Mission Road to Mission Road;
(12) On the north side and south side of 60th Street from a point approximately one hundred and fifty feet (150') east of Roe Avenue to Roe Avenue;
(13) On the west side of Fairway Road from a point approximately ninety-five feet (95') north of Shawnee Mission Parkway to Shawnee Mission Parkway;
(14) On the south side of 55th Street from Shawnee Mission Parkway west five hundred and eighty-seven feet (587'); and
(15) On the south side of 62nd Street from Roe Avenue to Granada Street.
State Law reference—Authority to regulate or prohibit stopping, standing or parking, K.S.A. 8- 2002(a)(1).
SECTION 18. Existing Section 10-61 of the Code is hereby readopted as follows:
Sec. 10-61. - Removal of any vehicle parked in violation of Section 10-60.
Whenever a police officer finds a vehicle standing upon a street, alley or avenue in violation of Section 10-60, that officer is authorized to move that vehicle or require the driver or other person in charge of that vehicle to move the vehicle to a position of safety or, if necessary, to be towed away and stored in a garage at the expense of the owner of the vehicle, as set forth in Section 10- 59.
SECTION 19. Existing Section 10-62 of the Code is hereby readopted to read as follows:
Sec. 10-62. - Abandoned vehicles.
No person shall abandon and leave a motor vehicle in any street, alley or avenue, whether attended or unattended, in a manner or in a position so as to create a traffic hazard or so as to endanger vehicular or pedestrian travel on that street. This Section 10-62 shall not apply to the driver of any vehicle that is disabled to the extent that it is impossible to avoid stopping and temporarily leaving that disabled vehicle stopped in that position, who takes reasonable prompt action to have the vehicle removed to a safe place.
SECTION 20. Existing Section 10-63 of the Code is hereby readopted to read as follows:
Sec. 10-63. - On-street parking in residential areas.
(a) Except as otherwise provided in this Section 10-63(d) below and subject to the additional restrictions contained in this Section 10-63(b) below, no person shall, park, stand, or store, for more than twelve (12) hours on any day on any street, alley or avenue in an area zoned for residential use, a trailer, semi-trailer, boat, bus, camper, recreational vehicle, mobile home
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(self-propelled or otherwise), oversized motor vehicle, tractor or other type of wheeled vehicle, other than passenger vehicles and motorcycles.
(b) For purposes of this Section 10-63, the term "oversized motor vehicle" means any of the following: any motor vehicle exceeding twenty-eight feet (28') in length, any motor vehicle with a licensed gross weight exceeding twelve thousand pounds (12,000 lbs.).
(c) Except as otherwise provided in this Section 10-63(d) below, in areas zoned for residential use, where on-street parking is otherwise permitted, no person shall park, stand or store, on the street, any motor vehicle that exceeds seven and one-half feet (7½') in width in its widest point.
(d) Exceptions to the provisions of this Section 10-63 may be authorized by a permit issued by the Police Department, where the exceptions will not endanger the public safety or welfare of the residents of the area or motorist of the street. No such permit shall be granted for a period exceeding seven (7) days.
State Law reference—Authority to regulate or prohibit stopping, standing or parking, K.S.A. 8- 2002(a)(1).
SECTION 21. Existing Section 10-64 of the Code is hereby readopted to read as follows:
Sec. 10-64. - Emergency regulations under hazardous conditions.
When snow, sleet or freezing rain is causing slippery or hazardous conditions that might lead to serious traffic congestion or safety, the Mayor may declare a traffic emergency, and until that emergency is terminated, no vehicles shall be parked on any streets. All vehicles parked on a street, in this instance, must be removed within two (2) hours after the declaration of an emergency or be considered in violation of this Section 10-64.
SECTION 22. Existing Section 10-65 of the Code is hereby readopted to read as follows:
Sec. 10-65. - Careless driving.
It shall be unlawful for any person to drive or operate a vehicle upon any street or alley or driveway in a careless or heedless manner or without due caution and circumspection or in a manner so as needlessly to endanger or be likely to endanger any person or property.
SECTION 23. Existing Section 10-66 of the Code is hereby readopted to read as follows:
Sec. 10-66. - Prohibited right turns on red signal lights.
The Governing Body, having determined on the basis of engineering and traffic investigations that permitting right turns on a steady red signal is unreasonable or unsafe under the conditions found to exist as certain intersections of the City, hereby determines and declares that right turns on a steady red signal are prohibited at the following locations: Southbound Belinder Road at its intersection with Shawnee Mission Parkway between the hours of 7:00 a.m. and 7:00 p.m.
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SECTION 24. Existing Sections 10-19 through 10-22, inclusive, and existing Sections 10- 48 through 10-66, inclusive, of the Code, and Ordinance No. 1704, are hereby repealed. The repeal of any ordinance or parts of an ordinance by this Ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding under or by virtue of the repealed ordinance.
SECTION 25. This Ordinance shall be construed as follows:
a. Liberal Construction: The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience.
b. Savings Clause: The repeal of any ordinance or Code section, as provided herein, shall not revive an ordinance previously repealed, nor shall the repeal affect any right that accrued, any duty imposed, any penalty incurred or any proceedings commenced, under or by virtue of the ordinance repealed. Any ordinance or Code repealed continues in force and effect after the passage, approval, and publication of this Ordinance for the purpose of pursuing these rights, duties, penalties or proceedings.
c. Invalidity: If for any reason any chapter, article, section, subsection, sentence, portion or part of this Ordinance, or the application thereof to any person or circumstance, is declared to be unconstitutional or invalid, that decision shall not affect the validity of the remaining sections of this ordinance, the Code or other ordinances.
SECTION 26. This Ordinance shall take effect and be in force from and after its publication, or the publication of a certified summary thereof, in the official City newspaper.
[Remainder of page intentionally left blank; signature page follows.]
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PASSED by the City Council the 11th day of January, 2021. APPROVED by the Mayor.
Melanie Hepperly, Mayor ATTEST:
Kim Young, City Clerk
APPROVED AS TO FORM:
______Anna M. Krstulic, City Attorney
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December 28, 2020
Mayor Melanie Hepperly City Council City Attorney Rich Cook City of Fairway
Re: Sunflower Slope and Drainage Easement Agreement
In front of the council for consideration is a Slope and Drainage Agreement between the City of Fairway and HELIANTHUS REAL ESTATE GROUP, LLC, (Sunflower Medical Group).
HELIANTHUS REAL ESTATE GROUP, LLC, plans to install and maintain a stormwater discharge from their new medical building into a drainage ditch adjacent to their property.
This Easement Agreement was drafted by City Attorney Cook and approved by HELIANTHUS REAL ESTATE GROUP, LLC.
The stormsewer discharge was reviewed by City Engineers at CFS and determined to not have any adverse impact due to underground storage onsite.
Staff recommends approval of the agreement
Bill Stogsdill CPM, CPWP-M, PWLF Director of Public Works City of Fairway, KS [email protected]
SLOPE AND DRAINAGE EASEMENT AGREEMENT
THIS SLOPE AND DRAINAGE EASEMENT AGREEMENT ("Agreement") is made effective as of the ____ day of ______, 2020, by and between the CITY OF FAIRWAY, Kansas, a Kansas municipal corporation, with an address of 5240 Belinder Avenue, Fairway, Kansas 66205 ("Grantor"), and HELIANTHUS REAL ESTATE GROUP, LLC, a Kansas limited liability company with an address of 5555 W. 58th Street, Mission, Kansas 66202 ("Grantee") (collectively the "Parties").
RECITALS:
A. Grantor is the owner of the property described in Exhibit A attached hereto and made a part hereof (the "Grantor Property").
B. Grantee is the owner of the property described in Exhibit B attached hereto and made a part hereof (the "Grantee Property").
C. Grantor desires to grant to Grantee an easement over, through and across the Grantor Property as shown on Exhibit C attached hereto and made a part hereof (“Site Plan”) in connection with the construction, use and operation of the Grantee Property.
D. The Parties desire to enter into this Agreement, intending for it to be binding upon Grantor and Grantee and their respective successors and assigns in the ownership of the Grantor Property and the Grantee Property.
NOW, THEREFORE, in consideration of the covenants and agreements contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Grant of Easements; Maintenance of Easements. (a) Grantor hereby grants and conveys to Grantee, its successors and assigns, and the Grantee Property, a non-exclusive easement and the right to enter upon the Grantor Property within the easement area shown on the Site Plan (“Easement Area”) with workers and equipment for the sole purpose of grading, re-
DB02/0502117.0005/10149750.1 grading, sloping, removing dirt from and/or placing fill, reconstructing and maintaining an earthen slope for drainage purposes. This easement shall specifically include the right to grade, fill, topsoil, seed and to thereafter maintain same for purposes of stabilizing the soil, preventing erosion, improving the aesthetic aspects of the Easement Area and for doing anything necessary, useful or convenient for the enjoyment of the easement herein granted. Grantee shall be solely responsible for the cost of construction and maintenance of the Easement Area. This easement obligates the Grantee to maintain the Easement Area in good condition and repair, including without limitation, keeping the slope and Grantor Property clear, open and free of silt, litter, debris, non-specimen tree or shrub, brush, herbage, undergrowth, invasive vegetation and other obstructions, deposits and materials; regular mowing during the growing season of portions of the Easement Area not graded for drainage purposes.
(b) Grantor hereby grants and conveys to Grantee, its successors and assigns, and the Grantee Property, a non-exclusive easement and right to enter upon the Grantor Property to install, construct, operate, use, maintain and repair, a drainage pipe and equipment extending into the Easement Area to allow for drainage of surface water on the Grantor’s Property.
(c) Grantee activities under this Agreement shall comply with all related public safety measures as are necessary to comply with applicable laws and to insure that all work and maintenance performed by Grantee is performed in a neat and safe manner without any dirt or other debris migrating off of the Grantor Property to surrounding public right of way.
2. Indemnity; Insurance. Grantee shall indemnify and hold harmless the Grantors from and against any and all liability which may result from Grantee's use of this easement, including reasonable attorney's fees and costs. This indemnity shall survive the termination of this Agreement with respect to any occurrence prior to termination of this Agreement. Prior to exercising any of Grantee's rights under this Agreement, Grantee agrees to insure the foregoing obligation by contractual endorsement under a commercial general liability policy (or its equivalent) to be maintained by Grantee with single limits of not less than $1,000,000 per occurrence, and to include, without limitation: (a) Grantor to be named as an additional insured for damages arising out of Grantee's actions under this Agreement, (b) such "additional insured" coverage to be on a primary and noncontributory basis with respect to the Grantor's own coverage and (notwithstanding the general limits of insurance described above and elsewhere) provide limits to the Grantor of no more (and no less) than $500,000 per occurrence; and (c) contain a "severability of interests" or "separation of insureds" feature. Grantee shall further indemnify Grantor from any damages and expenses (including but not limited to reasonable attorney's fees and expenses of litigation) suffered by Grantor to the extent that those damages and expenses resulted from any act or omission of Grantee (including without limitation a failure to comply with the foregoing insurance requirements) that compromised Grantor's ability to rely on any limitation of liability otherwise available under the Kansas Torts Claims Act (K.S.A. § 75-6101 et seq.). Upon request by Grantor, Grantee shall provide Grantor with a certificate of insurance evidencing that such insurance has been obtained. Notwithstanding anything contained herein to the contrary, nothing contained herein shall be deemed a waiver by Grantor of any governmental immunity defenses, statutory or otherwise.
2 DB02/0502117.0005/10149750.1 3. Reservation of Rights. There is reserved to Grantor the right to fully use and enjoy the property encumbered by the easement hereunder, provided that such use shall not interfere with or jeopardize the construction, installation, maintenance, repair, operation or other activities of Grantee authorized by the terms of this Agreement. No structures or other improvements shall be constructed upon the Easement Area created hereby without the Grantor's express written consent, except as otherwise specifically permitted in this Agreement.
4. Covenants Running with the Land. Each of the foregoing easements shall run with the land and shall be binding upon and inure to the benefit of the Grantor Property owner and the Grantee Property owner and their respective successors in title. No third party shall be deemed to take any rights under this Agreement or deemed to be a third party beneficiary of this Agreement.
5. Default; Remedies. Upon any default by either party in the performance of any of the covenants and agreements set forth herein, the non-defaulting party shall have the right to seek all rights and remedies available at law, in equity or hereunder. If any litigation is commenced with respect to any default by either party in the performance of any of the covenants and agreements set forth herein, the prevailing party in such litigation shall have the right to recover its attorneys' fees and costs incurred in such litigation from the non-prevailing party.
6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas.
7. No Dedication. Grantor and Grantee agree that the easements, rights, and privileges granted and reserved in this instrument are not intended to be and shall not be construed as a dedication of all or any part of the easement property for public use.
[Remainder of Page Intentionally Left Blank]
3 DB02/0502117.0005/10149750.1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. GRANTOR
City of Fairway
By: Melanie J. Hepperly, Mayor
ATTEST:
By:______Kim H. Young City Clerk
APPROVED AS TO FORM:
By: ______Richard Cook City Attorney
STATE OF ) ) ss. COUNTY OF )
This instrument was acknowledged before me on ______, 2020, by ______.
Print Name: Notary Public in and for said County and State
My Appointment Expires:
4 DB02/0502117.0005/10149750.1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.
HELIANTHUS REAL ESTATE GROUP, LLC, a Kansas limited liability company
By: SMG Investments, LLC, a Kansas limited liability company Its: Manager
By: ______Yvette Crabtree, M.D., Manager
ACKNOWLEDGMENT
STATE OF ______) ) ss. COUNTY OF ______)
On this ______day of ______, 2020, before me, a Notary Public in and for said state, personally appeared Yvette Crabtree, M.D., the Manager of SMG Investments, LLC, a Kansas limited liability company, the Manager of Helianthus Real Estate Group, LLC, a Kansas limited liability company, known to me to be the person who executed the within instrument in behalf of said limited liability company and acknowledged to me that he or she executed the same for the purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at my office in ______, the day and year last above written.
______Notary Public in and for said County and State
My Commission Expires: ______
5 DB02/0502117.0005/10149750.1
EXHIBIT A
GRANTOR PROPERTY
6 DB02/0502117.0005/10149750.1 Easement Area Exhibit A
Description
All that part of unplatted road right-of-way, in the Northeast Quarter of Section 9, Township 12 South, Range 25 East, in the City of Fairway, Johnson County, Kansas, being more particularly described as follows:
Commencing at the Northwest corner of said Northeast Quarter; thence South 01°55'22" East, along the West line of said Northeast Quarter, 1,548.01 feet; thence departing said West line, North 88°04'38" East, 494.56 to the Southeast corner of Lot 1, SUNFLOWER MEDICAL, a subdivision in the City of Roeland Park, Johnson County, Kansas, said point being the Point of Beginning; thence North 01°55'37" West, along the Southeast line of said Lot 1 and its northerly extension, 101.88 feet to a point on the Southerly curb line of Grenada Street, as it now exists; thence along said Southerly curb line, the following four courses: thence North 67°48'12" East, 15.96 feet; thence easterly along a non-tangent curve to the right having a radius of 30.88 feet, and a chord which bears North 78°44'09" East, 9.39 feet, for an arc length of 9.43 feet; thence easterly along a non-tangent curve to the left having a radius of 25.15 feet, and a chord which bears North 76°11'32" East, 8.38 feet, for an arc length of 8.42 feet; thence North 68°05'31" East, 92.73 feet; thence easterly and southeasterly along the Westerly curb line of said Granada Street, along a non-tangent curve to the right having a radius of 25.33 feet, and a chord which bears South 84°51'24" East, 23.60 feet, for an arc length of 24.55 feet; thence southeasterly, continuing along said Westerly curb line, along a non-tangent curve to the right having a radius of 21.64 feet, and a chord which bears South 26°21'23" East, 21.18 feet, for an arc length of 22.14 feet to a point on the Northwest concrete shoulder edge of Shawnee Mission Parkway, as it now exists; thence South 41°31'12" West, along said concrete shoulder edge, 139.03 feet; thence South 50°13'33" West, continuing along said concrete shoulder edge, 71.12 feet to a point of intersection with said concrete shoulder edge and the southerly extension of the East line of said Lot 1; thence North 01°55'37" West, along said southerly extension, 24.42 feet to the Point of Beginning, containing 12,501 square feet, more or less.
132 Abbie Avenue 913.317.9500 Kansas City, Kansas 66103 www.ric-consult.com
Jun 05, 2020-12:28pm User: csprague 2020-12:28pm Jun 05, Exhibit.dwg Land Disturbance Easement Z:\RIC Design\2019\19-0143\Dwg\Exhibits\19-0143 Sheet 1 of 2 EXHIBIT B
GRANTEE PROPERTY
All of Lots 1 thru 4 and Lots 24 thru 26, ROSELAND COURT, and all that part of the NE 1/4 of Section 9, Township 12, Range 25, all in the City of Roeland Park, Johnson County, Kansas, more particularly described as follows:
Commencing at the Northwest corner of the NE 1/4 of said Section 09; thence S 1° 55' 22" E, along the West line of said NE 1/4, a distance of 1222.46 feet, to a point on the Westerly extension of the North line of said Lot 4; thence N 87° 16' 50" E, along the North line of the Westerly extension of said Lot 4, a distance of 40.00 feet, to the Point of Beginning; thence continuing N 87° 16' 50" E, along the North line of said Lot 4, a distance of 137.74 feet, to the Northeast corner of said Lot 4; thence S 1° 55' 37" E, along the East line of said Lot 4, a distance of 60.00 feet, to the Southeast corner of said Lot 4; thence N 87° 16' 50" E, along the North line of said Lot 24, a distance of 138.39 feet, to the Northeast corner of said Lot 24; thence S 1° 55' 37" E, along said West right of way line of Granada Lane (Platted as Walnut Street), as now established a distance of 130.27 feet, to a point of curvature; thence Southeasterly along a curve to the left having a radius of 80.00 feet, a central angle of 110° 07' 28", an arc distance of 153.76 feet; thence N 67° 56' 55" E, along said South right of way line, a distance of 75.47 feet, to a point on the East line of ROSELAND COURT; thence S 1° 55' 37" E, along the Southerly extension of the East line of said ROSELAND COURT, a distance of 90.54 feet; thence Southwesterly along a curve to the right having an initial tangent bearing of S 59° 37' 01" W, a radius of 475.00 feet, a central angle of 28° 29' 02", an arc distance of 236.14 feet, to a point of tangency; thence S 88° 06' 03" W, a distance of 193.98 feet (193.42 feet Deed), to a point of curvature; thence Northwesterly along a curve to the right having a radius of 34.00 feet, a central angle of 89° 58' 35", an arc distance of 53.39 feet, to a point on the East line of Roe Boulevard, as established on said plat of ROSELAND COURT; thence N 1° 55' 22" W, along the West line of said NE 1/4, a distance of 349.43 feet, to the Point of Beginning, as described in Survey by McClure Engineering Co. dated April 12, 2019 as Project No. 190349.
7 DB02/0502117.0005/10149750.1 Z:\RIC Design\2019\19-0143\Dwg\Exhibits\19-0143 Land Disturbance Easement Exhibit.dwg Jun 05, 2020-12:45pm User: csprague Description Lot 1, Sunflower Medical, a subdivision in the City of Roeland Park, Johnson County, Kansas.
ROE BOULEVARD
JOHNSON DRIVE ROSELAND COURT 5 SUNFLOWER MEDICAL Sunflower Property Description LOT 1 22 23 Sheet 2 of 3
GRANADA STREET 132 Abbie Avenue Kansas City, 66103 30 29 28 27 Exhibit B www.ric-consult.com 913.317.9500 UNPLATTED EXHIBIT C
SITE PLAN
8 DB02/0502117.0005/10149750.1
Site Plan Exhibit C
GRANADA STREET
UNPLATTED 12,501 SQ. FT.
SUNFLOWER MEDICALLOT 1
SHAWNEE MISSION PARKWAY
DRAFT
132 Abbie Avenue 913.317.9500 Kansas City, Kansas 66103 www.ric-consult.com
Z:\RIC Design\2019\19-0143\Dwg\Exhibits\19-0143 Land Disturbance Easement Exhibit.dwg Jun 05, 2020-12:29pm User: csprague Sheet 3 of 3
DATE: JANUARY 11, 2021 TO: MAYOR HEPPERLY AND FAIRWAY CITY COUNCIL FROM: KIM YOUNG, CITY CLERK RE: BUILDING PERMIT EXTENTION
Attached is request from Jim McQuaid or McQuaid Brothers Remodeling for a permit extension for 5767 Windsor Circle until March 24, 2021. Per Fairway Municipal Code, building permits for remodels may be renewed as follows:
Sec. 15-852. - Application procedure (3) Extension. The City may extend the permit up to an additional one hundred and eighty (180) days if it is determined that the project will require more than three hundred and sixty (360) days to complete, given reasonably diligent pursuit of construction of the project and extenuating circumstances. The fee to extend up to an additional one hundred and eighty (180) days is based on one-half (½) the amount of the original permit fee for the project. No building permit shall be renewed more than one hundred and eighty (180) days beyond the initial three hundred and sixty (360) day permit without the expressed authorization and approval of the City Council.
Here is the time line of permit and inspection activity on the project. Staff recommends the fee for the extension be set at $911.57.
Permit Time Line 04/10/19 Building Permit 19-000094 pulled and $1,423.15 fee paid-180 days-for interior remodel of kitchen and 3 bathrooms 08/02/19 Added to scope of work being performed-additional $400.00 paid in fees-garage expansion and driveway 10/29/19 Building Permit 19-000094 renewed and $911.57 paid in fees-180 days-for remodel/garage/driveway 09/21/20 Building Permit 19-000094 renewed late and $911.57 paid in fees-180 days-for remodel/garage/driveway-also given 60 day extension due to Covid-resulting in expiration date of 12/11/20
Inspections Performed 12/02/2019 Rough-in 12/05/2019 Rough-In Plumbing 11/05/2020 Electrical Service
CPM Timeline Hunkeler Remodeling McQuaid Brothers CPM Timeline CUSTOMER: Amy Hunkeler COMPLETION DATE Wednesday, March 24, 2021 PROJECT ADDRESS: 5767 Windsor Circle CITY / STATE / ZIP: Fairway, KS 66205 DATE: 22-Dec-20 CPM Timeline Working CATEGORY Sub / Vendor Start Date Finish Date Days Weeks Trim - Exterior Borger Construction Monday, December 28, 2020 Thursday, December 31, 2020 4 0.6 Paint - Exterior Touch-Up Derby Painting Monday, December 21, 2020 Friday, January 08, 2021 15 2.7 Gutter ON HOLD Metal Works Monday, January 04, 2021 Thursday, January 07, 2021 4 0.6 Demo - Lower Level McQuaid Brothers Monday, November 02, 2020 Wednesday, November 04, 2020 3 0.4 Egress Well - Lower Level Gordon Energy Tuesday, October 27, 2020 Wednesday, October 28, 2020 2 0.3 Paint - Interior Derby Painting Monday, December 21, 2020 Friday, February 19, 2021 45 8.7 Drywall Patch and Repair Tom Lee Monday, December 21, 2020 Thursday, January 07, 2021 14 2.6 Masonry - Kitchen Fireplace Repairs Roy Fuendling Monday, December 28, 2020 Friday, January 08, 2021 10 1.7 Cabinet - Kitchen Upper doors Gillpatrick Woodworks Monday, December 28, 2020 Thursday, December 31, 2020 4 0.6 Trim - Punch Borger Construction Monday, December 28, 2020 Friday, January 08, 2021 10 1.7 Tile - Lower Level Landing Floor Mike Brown Monday, January 04, 2021 Wednesday, January 06, 2021 3 0.4 Stone - Kitchen Fireplace Template Dimensional Stoneworks (CST) Monday, January 11, 2021 Monday, January 11, 2021 1 0.1 Stone - Kitchen Fireplace Install Dimensional Stoneworks (CST) Monday, January 25, 2021 Tuesday, January 26, 2021 2 0.3 Faux Finish - Kitchen Cabinet Repair Devon Himes Monday, January 11, 2021 Friday, January 22, 2021 10 1.7 Faux Finish - Kitchen Ceilings Devon Himes Monday, January 25, 2021 Friday, February 05, 2021 10 1.7 Faux Finish - Living/Dining Walls & Ceiling Devon Himes Monday, February 08, 2021 Friday, March 05, 2021 20 3.7 Faux Finish - Hall Walls & Ceilings Devon Himes Monday, February 08, 2021 Friday, March 05, 2021 20 3.7 Electrical Finish McQuaid Brothers Monday, February 22, 2021 Friday, March 12, 2021 15 2.7 Generator McQuaid Brothers Monday, February 22, 2021 Friday, February 26, 2021 5 0.7 H.V.A.C. Finish United Heating & Cooling Monday, February 22, 2021 Friday, February 26, 2021 5 0.7 Light Touch System Finish Simplifi Monday, February 22, 2021 Friday, February 26, 2021 5 0.7 Audio / Video Finish Simplifi Monday, February 22, 2021 Friday, February 26, 2021 5 0.7 Alarm Finish Monday, February 22, 2021 Wednesday, February 24, 2021 3 0.4 Central Vac Finish Monday, February 22, 2021 Wednesday, February 24, 2021 3 0.4 Plumbing Fixture Install Ferguson Enterprises Monday, February 22, 2021 Friday, March 05, 2021 10 1.7 Appliances - Install Factory Direct Appliance Monday, February 22, 2021 Tuesday, February 23, 2021 2 0.3 Hardware Install - Doors McQuaid Brothers Monday, February 22, 2021 Friday, February 26, 2021 5 0.7 Hardware - Cabinet Install McQuaid Brothers Monday, February 22, 2021 Friday, February 26, 2021 5 0.7 Hardware - Bath Fixture Install McQuaid Brothers Monday, February 22, 2021 Friday, February 26, 2021 5 0.7
CPM - Hunkeler Revised 1 of 2 Working CATEGORY Sub / Vendor Start Date Finish Date Days Weeks Wallpaper Install - Master Bedroom Jeremy Woods Monday, February 15, 2021 Wednesday, February 17, 2021 3 0.4 Wallpaper Install - Office Jeremy Woods Thursday, February 18, 2021 Friday, February 19, 2021 2 0.3 Wallpaper Install - Powder Bath Jeremy Woods Monday, February 22, 2021 Tuesday, February 23, 2021 2 0.3 Wallpaper Install - Guest Bedroom Jeremy Woods Wednesday, February 24, 2021 Friday, February 26, 2021 3 0.4 Carpet Install - Back Stairs to Basement Room Carpet at Home Monday, February 22, 2021 Monday, February 22, 2021 1 0.1 Punch List - Final McQuaid Brothers Wednesday, February 10, 2021 Tuesday, March 23, 2021 30 5.9 Window Shade Finish Simplifi Monday, March 01, 2021 Friday, March 12, 2021 10 1.7 Epoxy Coating Epoxy Coating Specialist Monday, March 08, 2021 Wednesday, March 10, 2021 3 0.4 Mirror Install Fountain Glass Monday, March 08, 2021 Wednesday, March 10, 2021 3 0.4 Window Cleaning Jayhawk Window Cleaning Monday, March 15, 2021 Monday, March 15, 2021 1 0.1 Inspection - Final Fairway, KS Monday, March 15, 2021 Monday, March 15, 2021 1 0.1 Hardwood Floor - Final Coat Acme Floor Wednesday, March 17, 2021 Friday, March 19, 2021 3 0.4 Whole House Cleaning Service Maria Cardona Monday, March 22, 2021 Tuesday, March 23, 2021 2 0.3 Completion Wednesday, March 24, 2021 Wednesday, March 24, 2021
CPM - Hunkeler Revised 2 of 2 CRITICAL PATH METHOD - MCQUAID BROTHERS Hunkeler Remodeling Revised 22-Dec-20 Amy Hunkeler MON TUE WED THUR FRI MON TUE WED THUR FRI MON TUE WED THUR FRI MON TUE WED THUR FRI 5767 Windsor Circle 21-Dec 22-Dec 23-Dec 24-Dec 25-Dec 28-Dec 29-Dec 30-Dec 31-Dec 1-Jan 4-Jan 5-Jan 6-Jan 7-Jan 8-Jan 11-Jan 12-Jan 13-Jan 14-Jan 15-Jan
TRIM - EXTERIOR TRIM - EXTERIOR TRIM - EXTERIOR TRIM - EXTERIOR TRIM - EXTERIOR
PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - EXTERIOR TOUCH-UP EXTERIOR EXTERIOR EXTERIOR EXTERIOR EXTERIOR EXTERIOR EXTERIOR EXTERIOR EXTERIOR EXTERIOR EXTERIOR EXTERIOR EXTERIOR TOUCH-UP TOUCH-UP TOUCH-UP TOUCH-UP TOUCH-UP TOUCH-UP TOUCH-UP TOUCH-UP TOUCH-UP TOUCH-UP TOUCH-UP TOUCH-UP TOUCH-UP
GUTTER ON GUTTER ON GUTTER ON GUTTER ON GUTTER ON HOLD HOLD HOLD HOLD HOLD
PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR
DRYWALL PATCH DRYWALL PATCH DRYWALL PATCH DRYWALL PATCH DRYWALL PATCH DRYWALL PATCH DRYWALL PATCH DRYWALL PATCH DRYWALL PATCH DRYWALL PATCH DRYWALL PATCH DRYWALL PATCH DRYWALL PATCH AND REPAIR AND REPAIR AND REPAIR AND REPAIR AND REPAIR AND REPAIR AND REPAIR AND REPAIR AND REPAIR AND REPAIR AND REPAIR AND REPAIR AND REPAIR
MASONRY - MASONRY - MASONRY - MASONRY - MASONRY - MASONRY - MASONRY - MASONRY - MASONRY - KITCHEN KITCHEN KITCHEN KITCHEN KITCHEN KITCHEN KITCHEN KITCHEN KITCHEN MASONRY - KITCHEN FIREPLACE REPAIRS FIREPLACE FIREPLACE FIREPLACE FIREPLACE FIREPLACE FIREPLACE FIREPLACE FIREPLACE FIREPLACE REPAIRS REPAIRS REPAIRS REPAIRS REPAIRS REPAIRS REPAIRS REPAIRS REPAIRS
CABINET - CABINET - CABINET - CABINET - CABINET - KITCHEN UPPER DOORS KITCHEN UPPER KITCHEN UPPER KITCHEN UPPER KITCHEN UPPER DOORS DOORS DOORS DOORS
TRIM - PUNCH TRIM - PUNCH TRIM - PUNCH TRIM - PUNCH TRIM - PUNCH TRIM - PUNCH TRIM - PUNCH TRIM - PUNCH TRIM - PUNCH TRIM - PUNCH
TILE - LOWER TILE - LOWER TILE - LOWER TILE - LOWER LEVEL LANDING FLOOR LEVEL LANDING LEVEL LANDING LEVEL LANDING FLOOR FLOOR FLOOR
STONE - KITCHEN STONE - KITCHEN FIREPLACE TEMPLATE FIREPLACE TEMPLATE
FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - KITCHEN CABINET REPAIR KITCHEN KITCHEN KITCHEN KITCHEN KITCHEN CABINET REPAIR CABINET REPAIR CABINET REPAIR CABINET REPAIR CABINET REPAIR
CRITICAL PATH METHOD - MCQUAID BROTHERS Hunkeler Remodeling Revised 22-Dec-20 Amy Hunkeler MON TUE WED THUR FRI MON TUE WED THUR FRI MON TUE WED THUR FRI MON TUE WED THUR FRI 5767 Windsor Circle 18-Jan 19-Jan 20-Jan 21-Jan 22-Jan 25-Jan 26-Jan 27-Jan Hunkeler28-Jan 29-Jan Remodeling1-Feb 2-Feb 3-Feb 4-Feb 5-Feb 8-FebRevised9-Feb 22-Dec-2010-Feb 11-Feb 12-Feb
PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR
STONE - STONE - KITCHEN KITCHEN STONE - KITCHEN FIREPLACE INSTALL FIREPLACE FIREPLACE INSTALL INSTALL
FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - KITCHEN CABINET REPAIR KITCHEN KITCHEN KITCHEN KITCHEN KITCHEN CABINET REPAIR CABINET REPAIR CABINET REPAIR CABINET REPAIR CABINET REPAIR
FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - KITCHEN CEILINGS KITCHEN KITCHEN KITCHEN KITCHEN KITCHEN KITCHEN KITCHEN KITCHEN KITCHEN KITCHEN CEILINGS CEILINGS CEILINGS CEILINGS CEILINGS CEILINGS CEILINGS CEILINGS CEILINGS CEILINGS
FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - LIVING/DINING WALLS & LIVING/DINING LIVING/DINING LIVING/DINING LIVING/DINING LIVING/DINING CEILING WALLS & WALLS & WALLS & WALLS & WALLS & CEILING CEILING CEILING CEILING CEILING
FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - HALL WALLS & CEILINGS HALL WALLS & HALL WALLS & HALL WALLS & HALL WALLS & HALL WALLS & CEILINGS CEILINGS CEILINGS CEILINGS CEILINGS
PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - FINAL FINAL FINAL FINAL
1 CRITICAL PATH METHOD - MCQUAID BROTHERS Hunkeler Remodeling Revised 22-Dec-20 Amy Hunkeler MON TUE WED THUR FRI MON TUE WED THUR FRI MON TUE WED THUR FRI MON TUE WED THUR FRI 5767 Windsor Circle 15-Feb 16-Feb 17-Feb 18-Feb 19-Feb 22-Feb 23-Feb 24-Feb Hunkeler25-Feb 26-Feb Remodeling1-Mar 2-Mar 3-Mar 4-Mar 5-Mar 8-MarRevised9-Mar 22-Dec-2010-Mar 11-Mar 12-Mar
PAINT - PAINT - PAINT - PAINT - PAINT - PAINT - INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR INTERIOR
FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - LIVING/DINING WALLS & LIVING/DINING LIVING/DINING LIVING/DINING LIVING/DINING LIVING/DINING LIVING/DINING LIVING/DINING LIVING/DINING LIVING/DINING LIVING/DINING LIVING/DINING LIVING/DINING LIVING/DINING LIVING/DINING LIVING/DINING CEILING WALLS & WALLS & WALLS & WALLS & WALLS & WALLS & WALLS & WALLS & WALLS & WALLS & WALLS & WALLS & WALLS & WALLS & WALLS & CEILING CEILING CEILING CEILING CEILING CEILING CEILING CEILING CEILING CEILING CEILING CEILING CEILING CEILING CEILING
FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - FAUX FINISH - HALL WALLS & CEILINGS HALL WALLS & HALL WALLS & HALL WALLS & HALL WALLS & HALL WALLS & HALL WALLS & HALL WALLS & HALL WALLS & HALL WALLS & HALL WALLS & HALL WALLS & HALL WALLS & HALL WALLS & HALL WALLS & HALL WALLS & CEILINGS CEILINGS CEILINGS CEILINGS CEILINGS CEILINGS CEILINGS CEILINGS CEILINGS CEILINGS CEILINGS CEILINGS CEILINGS CEILINGS CEILINGS
ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL FINISH FINISH FINISH FINISH FINISH FINISH FINISH FINISH FINISH FINISH FINISH FINISH FINISH FINISH FINISH FINISH
GENERATOR GENERATOR GENERATOR GENERATOR GENERATOR GENERATOR
H.V.A.C. FINISH H.V.A.C. FINISH H.V.A.C. FINISH H.V.A.C. FINISH H.V.A.C. FINISH H.V.A.C. FINISH
LIGHT TOUCH LIGHT TOUCH LIGHT TOUCH LIGHT TOUCH LIGHT TOUCH LIGHT TOUCH SYSTEM FINISH SYSTEM FINISH SYSTEM FINISH SYSTEM FINISH SYSTEM FINISH SYSTEM FINISH
AUDIO / VIDEO AUDIO / VIDEO AUDIO / VIDEO AUDIO / VIDEO AUDIO / VIDEO AUDIO / VIDEO FINISH FINISH FINISH FINISH FINISH FINISH
ALARM FINISH ALARM FINISH ALARM FINISH ALARM FINISH
CENTRAL VAC CENTRAL VAC CENTRAL VAC CENTRAL VAC FINISH FINISH FINISH FINISH
PLUMBING PLUMBING PLUMBING PLUMBING PLUMBING PLUMBING PLUMBING PLUMBING PLUMBING PLUMBING PLUMBING FIXTURE INSTALL FIXTURE FIXTURE FIXTURE FIXTURE FIXTURE FIXTURE FIXTURE FIXTURE FIXTURE FIXTURE INSTALL INSTALL INSTALL INSTALL INSTALL INSTALL INSTALL INSTALL INSTALL INSTALL
APPLIANCES - APPLIANCES - APPLIANCES - INSTALL INSTALL INSTALL
HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE INSTALL - DOORS INSTALL - INSTALL - INSTALL - INSTALL - INSTALL - DOORS DOORS DOORS DOORS DOORS
HARDWARE - HARDWARE - HARDWARE - HARDWARE - HARDWARE - HARDWARE - CABINET INSTALL CABINET CABINET CABINET CABINET CABINET INSTALL INSTALL INSTALL INSTALL INSTALL
HARDWARE - HARDWARE - HARDWARE - HARDWARE - HARDWARE - HARDWARE - BATH FIXTURE INSTALL BATH FIXTURE BATH FIXTURE BATH FIXTURE BATH FIXTURE BATH FIXTURE INSTALL INSTALL INSTALL INSTALL INSTALL
WALLPAPER WALLPAPER WALLPAPER INSTALL - INSTALL - INSTALL - WALLPAPER INSTALL - MASTER BEDROOM MASTER MASTER MASTER BEDROOM BEDROOM BEDROOM
WALLPAPER WALLPAPER WALLPAPER INSTALL - OFFICE INSTALL - INSTALL - OFFICE OFFICE
WALLPAPER WALLPAPER WALLPAPER INSTALL - POWDER BATH INSTALL - INSTALL - POWDER BATH POWDER BATH
WALLPAPER WALLPAPER WALLPAPER WALLPAPER INSTALL - GUEST BEDROOM INSTALL - GUEST INSTALL - GUEST INSTALL - GUEST BEDROOM BEDROOM BEDROOM
CARPET INSTALL CARPET INSTALL - BACK STAIRS TO - BACK STAIRS BASEMENT ROOM TO BASEMENT ROOM
PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - FINAL FINAL FINAL FINAL FINAL FINAL FINAL FINAL FINAL FINAL FINAL FINAL FINAL FINAL FINAL FINAL FINAL FINAL FINAL FINAL FINAL
WINDOW SHADE WINDOW SHADE WINDOW SHADE WINDOW SHADE WINDOW SHADE WINDOW SHADE WINDOW SHADE WINDOW SHADE WINDOW SHADE WINDOW SHADE WINDOW SHADE FINISH FINISH FINISH FINISH FINISH FINISH FINISH FINISH FINISH FINISH FINISH
EPOXY COATING EPOXY COATING EPOXY COATING EPOXY COATING
MIRROR INSTALL MIRROR INSTALL MIRROR INSTALL MIRROR INSTALL
2 CRITICAL PATH METHOD - MCQUAID BROTHERS Hunkeler Remodeling Revised 22-Dec-20 Amy Hunkeler MON TUE WED THUR FRI MON TUE WED THUR FRI MON TUE WED THUR FRI MON TUE WED THUR FRI 5767 Windsor Circle 15-Mar 16-Mar 17-Mar 18-Mar 19-Mar 22-Mar 23-Mar 24-Mar Hunkeler25-Mar 26-Mar Remodeling29-Mar 30-Mar 31-Mar 1-Apr 2-Apr 5-AprRevised6-Apr 22-Dec-207-Apr 8-Apr 9-Apr
PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - PUNCH LIST - FINAL FINAL FINAL FINAL FINAL FINAL FINAL FINAL
WINDOW WINDOW CLEANING CLEANING
INSPECTION - INSPECTION - FINAL FINAL
HARDWOOD HARDWOOD HARDWOOD HARDWOOD FLOOR - FINAL COAT FLOOR - FINAL FLOOR - FINAL FLOOR - FINAL COAT COAT COAT
WHOLE HOUSE WHOLE HOUSE WHOLE HOUSE CLEANING SERVICE CLEANING CLEANING SERVICE SERVICE
COMPLETION COMPLETION
3