League of Kansas Municipalities
 
League News

Volume 17 – Number 24 – July 27, 2012

Published by the League of Kansas Municipalities

1) August MLAs-KOMA/KORA

Registration is available for August MLAs, Kansas Open Meetings Act (KOMA) and Kansas Open Records Act (KORA) on Friday, August 10 in Garden City or Saturday, August 11 in Abilene.

Maintaining openness in government is a key responsibility for both elected and appointed city officials. To this end, it is critical that city and county attorneys, along with elected and appointed officials have a working knowledge of both the KOMA and KORA. This workshop provides an in-depth legal analysis of both. Attendees will receive copies of the Kansas Open Meetings Manual and the Kansas Open Records Manual published by LKM.

For city clerks, the IIMC has approved the KOMA/KORA MLA for a total of .5 CMC Experience or .5 MMC Advanced Education. For attorneys, 3.5 hours of CLE Credit have been granted for the KOMA/KORA MLA.

For more information and registration, please click here.

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2) Kansas UST Property Redevelopment Trust Fund

The Kansas Storage Tank Act was amended by Senate Bill 406, effective July 1, 2012, to provide a reimbursement fund to assist property owners for removal of abandoned petroleum UST(s). The new fund allows for reimbursement of 90% of the cost up to $25,000 per facility for permanent closure of UST's. The following is a summary of the bill.

The Kansas essential fuels supply trust fund has been designated as the UST redevelopment fund. The funds credited may be expended to reimburse eligible property owners for allowable expenses for permanent closure of an abandoned underground storage tank. The language also allows the Secretary of Health and Environment to conduct the same activities if the owner or operator of the underground storage tank has not been identified or is unable or unwilling to perform permanent closure. K.S.A. 65-34,131.

An abandoned UST must exhibit one or more of the following conditions. 1) Is not in use for more than three months, 2) Does not have a current tank permit issued by the department or 3) Has been temporarily closed, in accordance with department guidelines, for more than 12 months. The definition of property owner, for the purposes of the UST redevelopment fund, is a person who owns real property on which an abandoned UST is located.

A property owner is eligible for reimbursement if the property owner had been approved by the secretary and the property owner 1) has never placed petroleum in the UST or withdrawn petroleum from the UST, 2) is not the United States government or any of its agencies, 3) is in substantial compliance with the Kansas storage tank act, 4) provides 30 day notice and access to the department to perform an environmental assessment of the site during the UST removal. In addition, if petroleum contamination is discovered during the environmental assessment of the site, the property owner applies to the underground fund to perform corrective action to address the contamination.

The Kansas UST Property Redevelopment Trust Fund is structured in a manner similar to the Petroleum Storage Tank Release Trust Funds. The property owner must submit, and have approved by KDHE, an application to the redevelopment fund. Prior to removal of the UST the following requirements must be met. 1) Bids must be acquired from persons qualified to perform UST removals, 2) Allowable costs must be approved by KDHE and 3) a deed restriction must be placed on the property prohibiting the installation of UST's for the 10 years following the date of the UST removal. As a condition for reimbursement, the applicant must provide a notarized copy of the recorded deed restriction for the property with the seal of the register of deeds to the department.

For more information concerning the Kansas UST Property Redevelopment Trust Fund visit http://www.kdheks.gov/tanks/trust_fund/ust_property.htm. You may also contact Roger Boeken at (785) 296-1674 or rboeken@kdheks.gov.

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3) Highway Sign Retroreflectivity Revisions

The Manual on Uniform Traffic Control Devices (MUTCD) requires agencies to establish and implement a sign assessment or management method that will maintain minimum levels of sign retroreflectivity.

*NEW* Revision to 2009 MUTCD - Compliance Dates

On May 14, 2012, a final rule was published in the Federal Register, revising Table I-2 in the Introduction of the 2009 MUTCD to modify the compliance dates for the minimum maintained sign retroreflectivity standard. That rulemaking extended the compliance date for implementation and continued use of an assessment or management method that is designed to maintain traffic sign retroreflectivity at or above the established minimum levels to June 13, 2014 and refined the compliance date to only apply to regulatory and warning signs, and not others.

In addition, the final rule eliminated the target compliance dates for actual replacement of signs, which had previously been required by 2015 for post-mounted guide signs (except street name signs) and 2018 for street name signs and overhead guide signs.

Visit the MUTCD website for additional information on this and other changes to the MUTCD.

MUTCD Language - Maintaining Sign Retroreflectivity:
This link takes you to Chapter 2A of the 2009 MUTCD. Scroll down to Section 2A.08 Maintaining Minimum Retroreflectivity on page 30 of the 2009 MUTCD.

MUTCD Final Rule - Federal Register Notice:
Published on Dec. 21, 2007 and effective Jan. 22, 2008, this final rule provided background and detail explaining the requirements for maintaining sign retroreflectivity. This document describes how the final rule was developed through the rulemaking process for the MUTCD. Note that the compliance dates related to this rulemaking were revised in May 2012.

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4) Register for the 2012 Annual Conference

Don't miss out on the premier training event for city officials in Kansas!

The 2012 LKM Annual Conference, Growing Strong Cities, is now open for registration. The conference will be held in Topeka on October 6-8, 2012. Conference events will be held at the Maner Conference Center & Capitol Plaza Hotel.

Registration and hotel information can be found online at http://www.lkm.org/conference/. The program brochure is also available for download by clicking here.

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5) South Central Kansas Community and Municipal Resource Fair

The Kansas Department of Commerce invites you to the upcoming South Central Kansas Community & Municipal Resource Fair. The event will be held on August 20, 2012 from 1 - 4 p.m. at the City Hall Welcome Center (Austin Room), 611 Mulberry Rd., Derby, Kansas 67037.

Who should attend?
All City and County representatives who wish to learn about the resources available for community and economic development.

For more information or to let us know how many from your community will attend this event, please contact one of the following:
Bob Fettke, rfettke@kansascommerce.com
Renee Lippincott, rlippincott@kansascommerce.com
Sue Schlapp, sschlapp@kansascommerce.com

Don't miss this opportunity to learn more about the programs and services available to communities and municipalities in south central Kansas!

The South Central Kansas Community & Municipal Resource Fair is hosted by the Kansas Department of Commerce in partnership with the City of Derby. Refreshments are provided courtesy of Schaefer Johnson Cox Frey Architecture.

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