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City of Arkansas City Board of City Commissioners

Agenda

Regular Meeting

Monday, January 8, 2018 @ 5:30 PM Commission Room, City Hall — 118 W. Central Ave. — Arkansas City, KS

I. Routine Business

1. Roll Call 2. Opening Prayer and Pledge of Allegiance 3. Additions or Deletions to the Agenda (Voice Vote) 4. Approval of the Agenda (Voice Vote)

II. Awards and Proclamations III. Recognition of Visitors IV. Comments from the Audience for Items Not on the Agenda

Each speaker will state his or her name and address before making any comments. Each speaker will have three (3) minutes to present his or her comments. Comments or questions will be directed only to the City Commission. Debate or argument between parties in the audience will not be allowed. Repeated reiterations by speakers will not be allowed. Violations of comment procedure will result in being directed to cease speaking or resume sitting.

V. Consent Agenda (Voice Vote)

Note: All matters listed below on the Consent Agenda are considered under one motion and will be enacted by one motion. There will be no separate discussion on those items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately under New Business Section VII.

1. Approve the December 19, 2017, regular meeting minutes as written. 2. A Resolution setting a public meeting of the Governing Body at noon on Friday, January 19, 2018 in

the City Manager’s office for a commission study session. VI. Old Business

1. Consider third reading of an Ordinance modifying Municipal Code Part II, Chapter 14, concerning buildings and building regulations. (Roll Call Vote)

Presentation by Mayor Jurkovich to outgoing Commissioner Charles Tweedy III. Adjourn Sine Die City Clerk Shook will administer the Oath of Office to Commissioners-elect Kanyon Gingher, Jay Warren, and Karen Welch. Roll Call

VII. New Business 1. Select Vice Mayor for 2018. (Voice Vote) 2. Appoint three members of the Governing Body to serve as Arkansas City’s representatives on the

Strother Field Commission. (Voice Vote) 3. Appoint one member of the Governing Body to serve on the Convention and Visitors Bureau Board.

(Voice Vote) 4. Appoint one member of the Governing Body to serve as representative to South Central Kansas Medical

Center hospital board. (Voice Vote) 5. Designate one member of the Governing Body to serve as representative to Cowley First. (Voice Vote) 6. Designate one member of the Governing Body to serve as ex-officio on the Library Board. (Voice Vote) 7. Designate one member of the Governing Body to serve as representative to the Traffic Safety

Committee. (Voice Vote) 8. Designate one member of the Governing Body to serve as ex-officio on the Cherokee Strip Museum

Board. (Voice Vote) 9. Designate the official City newspaper for the publication of legal notices. (Voice Vote) 10. Designate depositories for various City Funds. RCB Bank, Union State Bank, The Stock Exchange Bank,

and Community National Bank. (Voice Vote) 11. Personnel Policy Updates. (Voice Vote) 12. Ratify Mayor Dan Jurkovich’s appointments to the Beautification and Tree Advisory Board. (Voice Vote)

VIII. City Manager Updates IX. Other Business

1. City Advisory Board Reports X. Adjournment

Item for City Commission Action Section V Item 1

Meeting Date 1/8/2018

Department/Division City Manager

Staff Contacts Lesley Shook / Andrew Lawson

Title: Consent Agenda Item: Approve the December 19, 2017, regular meeting minutes as written. Description: Please see attached document. Commission Options: 1. Approve with the consent agenda. 2. Remove item from the consent agenda for further consideration. Fiscal Impact: Amount: N/A Fund: Department: Expense Code:

Included in budget Grant Bonds Other (explain) Approved for Agenda by:

City Manager

Item for City Commission Action Section V Item 2



Staff Contact Nick Hernanez

Title: Consent Agenda Item: A Resolution setting a public meeting of the Governing Body at noon on Friday, January 19, 2018 in the City Manager’s office for a commission study session. Description: A study session has been scheduled to review and discuss the Governing Body Handbook. Commission Options: 1. Approve with the consent agenda. 2. Remove from the consent agenda for consideration as new business. Fiscal Impact: Amount: Fund: Department: Expense Code:


City Manager

RESOLUTION NO. 2018-01- A RESOLUTION SETTING A PUBLIC MEETING OF THE GOVERNING BODY AT NOON ON FRIDAY, JANUARY 19, 2018 IN THE CITY MANAGER’S OFFICE FOR A COMMISSION STUDY SESSION. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body hereby establishes that it shall hold a Study Session at Noon on Friday, January 19, 2018 in the City Manager’s office at City Hall, 118 W. Central, Arkansas City. No action will be taken at said meeting, but instead the Commissioners will review and discuss the Governing Body Handbook. SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on January 8, 2018. _______________________________ Dan Jurkovich, Mayor ATTEST: _____________________________________ Lesley Shook, City Clerk APPROVED AS TO FORM: _____________________________________ Tamara L. Niles, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2018-01-_____ of the City of Arkansas City, Kansas adopted by the governing body on January 8, 2018 as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

Item for City Commission Action Section VI Item 1


Department/Division City Manager / Neighborhood Services

Staff Contacts Nick Hernandez / Andrew Lawson

Title: Third reading of an Ordinance modifying Municipal Code Part II, Chapter 14, concerning buildings and building regulations. (Roll Call Vote) Description: This ordinance modifies the International Plumbing Code and International Residential Code to require annual maintenance of backflow prevention devices by a certified contractor, which is a new requirement of the Kansas Department of Health and Environment. Property owners with these devices will receive annual reminders to perform this maintenance and provide proof of such within 60 days, otherwise the City will hire its own contractor to perform the work and bill the owner accordingly. In the process of drafting this ordinance, staff also determined that many provisions in Chapter 14 were duplicative, outdated, archaic or otherwise unclear. This ordinance attempts to correct those issues. This ordinance also modifies code to account for the 2017 Public Works Department reorganization, including the realignment of the Neighborhood Services Division under the City Manager Department. Other changes in this version of the ordinance include requiring each trade to pull its own permits, rather than a single “contractor of responsibility”; three small changes to the National Electrical Code that will eliminate unnecessary protections and possibly reduce costs; and other changes to better reflect current Neighborhood Services Division administrative practices. Final approval of these changes by the Building Trades Advisory Board occurred November 16, 2017. Staff recommends approving this ordinance on third reading, but the Commission does have the option to delay a final decision on approval until a fourth reading on January 16, if this is deemed necessary. Commission Options: 1. Approve the Ordinance on third reading. 2. Table the Ordinance for further review. 3. Disapprove the Ordinance. Fiscal Impact: Amount: Cost of publication Fund: Department: Expense Code:

Included in budget Grant Bonds Other (explain)

Approved for Agenda by:

City Manager

(Published in the Cowley CourierTraveler on _____________________________)

ORDINANCE NO. 2018-01-____ AN ORDINANCE MODIFYING MUNICIPAL CODE PART II, CHAPTER 14, CONCERNING BUILDINGS AND BUILDING REGULATIONS. WHEREAS, the 2017 Public Works Department reorganization, including the realignment of the Neighborhood Services Division under the City Manager Department, has spurred a need to amend Municipal Code, to authorize and reference this reorganization; and WHEREAS, the City of Arkansas City, Kansas, desires to require certified installation and annual inspection and maintenance of all backflow prevention devices connected to service lines as part of lawn sprinkler systems; and WHEREAS, as part of its ongoing effort to eliminate duplicative provisions or other minor discrepancies in Municipal Code, City staff has proposed several other changes throughout the City’s building regulations to improve clarity and better reflect current administrative practice; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, desires to amend Arkansas City Municipal Code to accomplish these aforestated goals. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: AMENDMENT TO MUNICIPAL CODE SECTION 14-40. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-40 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-40. - Adoption. (a) The city adopts by reference the following codes, as amended by this Chapter:

(1) International Building Code, 2015 Edition (hereafter “International Building Code”), for

regulating and governing conditions and maintenance of all property, buildings and structures, including Appendices F, H and J; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure the structures are safe, sanitary, and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures, including amendments as set out in Section 14-43 (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

(2) International Residential Code for One- and Two-Family Dwellings, 2015 Edition,

including Appendices A—J, and M—P (hereafter “International Residential Code”), for regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal, and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress, including amendments as set out in Section 14-44 (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

(3) International Plumbing Code, 2015 Edition, including Appendices C and E (hereafter “International Plumbing Code”), regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems, including amendments as set out in Section 14-45 (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

(4) International Property Maintenance Code, 2015 Edition (hereafter “International

Property Maintenance Code”), regulating and governing the maintenance of existing buildings, including amendments as set out in Section 14-46 (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

(5) International Fuel Gas Code, 2015 Edition, including all Appendices (hereafter

“International Fuel Gas Code”), regulating and governing fuel gas systems and gas-fired appliances, including amendments as set out in Section 14-47 (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

(6) NFPA 70: The National Electrical Code, 2014 Edition, including Appendix H (Article 80),

(hereafter “National Electrical Code”), including amendments as set out in Section 14-48 (published by the National Fire Protection Association, One Batterymarch Park, Quincy, MA 02169-7471); and the corresponding National Electrical Code Handbook, Library of Congress;

(7) International Mechanical Code, 2015 Edition, including Appendix A (hereafter

“International Mechanical Code”), regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, and addition to, use or maintenance of mechanical systems, including amendments as set out in Section 14-49 (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

(8) International Existing Building Code, 2015 Edition, including its Appendix (hereafter

“International Existing Building Code”), regulating and governing the repair, alteration, change of occupancy, addition, and relocation of existing buildings, including historic buildings, including amendments as set out in Section 14-50 (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795); and

(9) International Private Sewage Disposal Code, 2015 Edition (hereafter “International

Private Sewage Disposal Code”), regulating design, installation and inspection of private sewage disposal systems, including amendments as set out in Section 14-51 (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795).

(b) At least one copy of the above-referenced codes shall be maintained on file at City Hall, 118 W.

Central Ave., Arkansas City, KS 67005, and may be inspected during regular business hours, the same being adopted as if set out at length herein.

SECTION TWO: AMENDMENT TO MUNICIPAL CODE SECTION 14-41. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-41 of the Arkansas City Municipal Code to read as follows (new provisions in italics):

Sec. 14-41. - Application. (a) The provisions of the adopted codes shall apply to the construction, alteration, moving of

buildings, demolition, repair and use of any building or structure within the city, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated by code, and hydraulic flood control structures.

(b) Master production plans, those submitted to the city for reuse on a minimum of four structures,

must comply with the provisions in this code. One copy of an engineer-stamped truss design and one engineer-stamped plan set, along with one electronic CD of each, is required for all master production plans.

SECTION THREE: AMENDMENT TO MUNICIPAL CODE SECTION 14-42. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-42 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-42. - Administration.

The following shall supplement the Administration section in each of the following codes:

International Building Code, International Residential Code for One- and Two-Family Dwellings (hereafter referred to as the International Residential Code), International Mechanical Code, International Plumbing Code, International Existing Building Code, and International Fuel Gas Code. Any reference to jurisdiction shall mean the City of Arkansas City, Kansas; any reference to the appointed authority shall mean the city manager (or his or her designee). (a) Generally.

(1) Title. The regulations contained herein and contained in the codes adopted under Municipal Code Section 14-40, and the other provisions of this chapter, shall be known collectively as the “city building code,” may be cited as such and are referred to in this chapter as “the code.”

(2) Referenced codes and standards. Where differences occur between stated provisions of

this chapter, and codes and standards adopted by reference, the stated provisions of this chapter shall apply. The provisions of the International Plumbing Code and the International Mechanical Code shall apply to the installation of the plumbing and mechanical systems, and shall be considered as the specific code. Plumbing Articles 25 through 32 and Mechanical Articles 12 through 24 of the International Residential Code shall be considered as general requirements. To the extent a conflict exists between the articles in the International Residential Code and the International Plumbing Code, the International Mechanical Code, and the International Fuel Gas Code, the International Residential Code as amended by the city shall apply.

Exception: When enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer’s instructions shall apply.

(3) Electrical. The provisions of the National Electrical Code shall apply to the installation of

electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. Provisions of Article 34 through Article 42 of the International Residential Code shall be considered as general requirements. To the extent a conflict exists between Article 34 through Article 42 of the International

Residential Code and the National Electrical Code, the National Electrical Code as adopted and amended by the city shall apply.

(4) Private sewage disposal. Where provisions of the International Private Sewage Disposal

Code are applicable, the same shall reference the Private Sewage Disposal section of the International Plumbing Code.

(b) Applicability; general. Where, in any specific case, different sections of this code specify

different materials, methods of construction or other requirements, the most restrictive shall govern. When there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. The code enforcement officer (and his or her designee), is authorized and directed to enforce the provisions of this code, render interpretations, and adopt policies and procedures in order to clarify the application of the codes’ provisions. Such interpretations and policies shall not have the effect of waiving requirements specifically provided for in this code.

(c) Permits.

(1) Contractor of responsibility; licensing; fees. On construction projects that have multiple trades, each permit must be applied for by and issued to each trade individually. All building, electrical, plumbing and mechanical contractors shall be licensed by the city, and identified on the permit application by name and license number. Fees shall be charged by full valuation of all work to be performed.

(2) Time limitation of application. An application for a permit for any proposed work shall

be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the code enforcement officer is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

(3) Validity of permit. The issuance or granting of a permit shall not be construed to be a

permit for, or an approval of, any violation of any provisions of this code or of any other ordinance of the city. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinance of the city shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the code enforcement officer from requiring the correction of errors in the construction documents and other data. The code enforcement officer also is authorized to prevent occupancy or use of the structure when it is in violation of this code or of any other ordinances of this city.

(4) Expiration. Every permit issued shall become invalid unless the work on the site

authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 consecutive days. Work shall be deemed suspended or abandoned if no inspections for work completed have occurred within such 180-day period. The code enforcement officer is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Upon expiration of such extended period, the applicant shall not proceed with any work on the site until such time as the applicant receives a new building permit, which will require the applicant to submit a new, complete building permit application, along with payment of all fees necessary. Any fee refund for the fees paid under the expired building permit shall be made pursuant to Section 108.6 of the International Building Code.

(d) Fees.

(1) Payment of fees. A permit shall not be valid until the fees as set by resolution of the board of city commissioners have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

(2) Plan review fee. When submittal documents are required by this code, a nonrefundable

plan review fee deposit shall be paid at the time of submitting those documents for plan review. Said plan review fee shall be 65 percent of the building permit fee, or actual costs for outsourced review may be charged.

a. After plan review is completed, a credit or debit shall be applied to the building

permit as required. b. The plan review fee is separate from and is in addition to the permit fee. c. When submittal documents are incomplete or changed so as to require

additional plan reviews, or when the project involves deferred submittal items, an additional plan review fee shall be paid.

(3) Building permit valuations. The building permit valuation shall be determined by the

code enforcement officer based upon national valuation tables and/or other relevant documentation. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing, equipment and permanent systems. The applicant for the permit shall provide an estimated permit valuation at the time of application. If, in the opinion of the code enforcement officer, the valuation is underestimated, the permit shall be denied unless the applicant can provide detailed documentation to support such valuation.

(4) Investigation fees; work without a permit.

a. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

b. Fee. An investigation fee shall be paid by the person commencing the work,

whether or not a permit is issued then or subsequently. c. The payment of such investigation fee shall not exempt any person from

compliance with all other provisions of this code, such as obtaining a permit, or from any penalty prescribed by law.

(5) Fee refunds. The code enforcement officer may authorize refunding of any fee which

was paid or collected erroneously.

a. The code enforcement officer may authorize refunding of not more than 80 percent of the building permit fee paid when no work has been done under a permit issued in accordance with this code or when the building permit has expired.

b. The code enforcement officer may authorize refunding of not more than 80

percent of the plan review fee paid when an application for a permit for which a

plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.

c. The code enforcement officer shall not authorize a refund of any fee paid except

upon written application filed by the original applicant not later than 180 days after the date of fee payment.

(e) Inspections.

(1) Generally. All construction or work for which a permit is required shall be subject to inspection by the code enforcement officer, and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the code enforcement officer. In addition, certain types of construction shall have continuous inspection as specified in International Building Code Article 17, entitled “Structural Tests and Special Inspections.”

(2) Required inspections; rough inspections.

a. Temporary electric construction meter. This inspection is to be made after all wiring installations have been made as required in National Electrical Code Article 527, entitled “Temporary Installations,” including specific installation requirements of Westar Energy or other local electric provider.

b. Zoning/building code setbacks. A location/elevation certification survey may be

required prior to concrete placement. This wet stamp certification from a registered design professional must be available at rough inspections.

c. Trenches, footings, pads and caissons. This inspection is to be made after

trenches are excavated, forms are erected and steel is in place, and prior to placement of concrete. Except as otherwise stated herein, the code enforcement officer shall perform all inspections required by this code. In some cases, this code requires on-site observation and a stamped written report by a registered design professional when plans call for drilled piers (caisson) construction or other specialty inspections. Observation of the preparation, reinforcement and placement shall be described in detail in the written report as prepared by a registered design professional retained by the permittee.

d. Third-party inspections.

1. Foundation walls and/or grade beams steel reinforcement. This inspection is to be made after all forms are erected and steel is in place, and prior to placement of concrete. The registered design professional of record may perform this inspection with prior approval of the code enforcement officer.

2. Damp-proofing of footing and foundation and/or grade beams of

basement walls. The registered design professional of record may, with prior approval of the code enforcement officer, perform this inspection, which must be completed prior to backfilling.

3. Electrical; underground. Within a building, this inspection is to be made

prior to backfilling and/or pouring concrete floor.

4. Water service line. This inspection is to be made prior to backfilling. Test and inspections shall be in accordance with International Plumbing Code Section 312.5. Water lines must be inspected by the code enforcement officer or, with his or her prior approval, third-party inspections on forms provided by the city.

e. Inspections in geologic hazard areas. At the completion of rough grading and/or

foundation excavation, and prior to the construction of retaining walls, footings or bearing caissons, a soil engineer and/or an engineering geologist, within their respective fields of competency, shall inspect the site at the applicant’s expense and render opinions, in writing, to the code enforcement officer concerning the soil and geologic conditions actually encountered, and that all known geologic hazards or constraints have been taken into account in the design of the facility.

f. Re-inspection. The permittee must pay a re-inspection fee for each inspection or

re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

1. Re-inspection fees are not required the first time a job is rejected for

failure to comply with the requirements of this code, but instead shall apply to control the practice of calling for inspections before the job is ready for such inspection or re-inspection.

2. Re-inspection fees may be assessed when the inspection record card is

not posted or otherwise available on the work site, when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the code enforcement officer.

3. In instances when re-inspection fees are assessed, no additional

inspection of the work will be performed until the required fees have been paid. A receipt of payment must be posted or available before receiving additional inspections.

(f) Certificate of occupancy. No building or structure shall be used or occupied and no change in the

existing occupancy classification of a building or structure, or portion thereof, shall be made until the code enforcement officer has issued a certificate of occupancy.

(g) Temporary certificate of occupancy.

(1) Temporary occupancy. The code enforcement officer is hereby authorized to issue a temporary certificate of occupancy (TCO) before completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely and there will be no danger to the public. The code enforcement officer shall set a time period during which the TCO is valid. The full certificate of occupancy (CO) must be obtained prior to the expiration of the TCO. If the conditions of the TCO are not met and a CO is not obtained, the right to occupy immediately ceases and the premises must be vacated.

(2) Certificate of compliance. When permitted work is not designed for occupancy, upon

proper project completion, the code enforcement officer shall issue a certificate stating that materials and products meet specified standards or that work was done in compliance with approved construction documents.

SECTION FOUR: AMENDMENT TO MUNICIPAL CODE SECTION 14-43. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-43 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-43. - Amendments to the International Building Code.

The following amendments, additions and deletions are made to the International Building Code:

(1) Section 101.1 Title is amended by inserting: City of Arkansas City, Kansas. (2) Section 101.4.6 Energy is deleted in its entirety. (3) Section 109.2 is amended by inserting: See Arkansas City Comprehensive Fee Schedule

for applicable fee schedule. (4) Section 105.2 is amended by deleting item 2, Fences not over 6 feet high. (5) Section 113.1 is amended by inserting: The Building Trades Board of the City of Arkansas

City, Kansas (The Board) is hereby appointed as the appeals board to hear any appeals made of decisions of the city code official.

(6) Section 907.2.1 is amended to read: A manual fire alarm system that activates the

occupant notification system in accordance with Section 907.5 shall be installed in Group A occupancies having an occupant load of 100 or more. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy.

Exception: Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification appliances will activate throughout the notification zones upon sprinkler waterflow.

(7) Section 1612.3 is amended by inserting: City of Arkansas City, Kansas. (8) Section 1809.5.1 is amended to read: Extending 6 inches below the frost line of the

locality. SECTION FIVE: AMENDMENT TO MUNICIPAL CODE SECTION 14-44. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-44 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-44. - Amendments to the International Residential Code. (a) The following amendments and additions are made to the International Residential Code:

(1) Section R101.1 is amended by inserting: City of Arkansas City, Kansas. (2) Section R108.2 is amended by inserting: See Arkansas City Comprehensive Fee Schedule

for applicable fee schedule.

(3) Section R112.1 is amended by inserting: The Building Trades Board of the City of Arkansas City, Kansas (The Board) is hereby appointed as the appeals board to hear any appeals made of decisions of the city code official.

(4) Section R301.2 Climatic and Geographic Design Criteria. Table R301.2 (1) is amended to

read as the following Table: Design Criteria, R301.2 (1) Climatic and Geographic

Roof snow load 15 lbs./sq. ft.

Wind speed Less than 115 MPH

Seismic design category A

Weathering Severe

Frost line depth 24 inches

Termite hazard Moderate to heavy

Decay hazard Slight to moderate

Winter design temperature 0 Degrees

Ice shield underlayment required No

Flood hazard criteria FIRM; October 19, 2010

Air freezing index 600

Mean annual temperature 58 degrees Fahrenheit

(5) Section R313 Automatic Fire Sprinkler Systems is amended by replacing the word “shall”

with the word “may” in Sections R313.1 and R313.2. (6) Section R908.3.1.1 Condition 3 is amended to read as follows: Shall have no more than 1

layer for asphalt shingles. (7) Section M1602.2 Return Air Openings is amended by deleting: #2. The amount of return

air taken from any room or space shall be not greater than the flow rate of the supply air delivered to such room or space.

(8) Section M2003.2 Minimum Capacity is amended by adding the phrase to the end of the

sentence: or as determined by the design professional. (9) Section G2414.5 (403.5) Metallic Tubing is amended to read: Steel tubing shall be

permitted to be used with gases not corrosive to such material. (10) Section G2417.1.4 (406.1.4) Section Testing is amended by deleting the sentence: Under

no circumstances shall a valve be used as a bulkhead between gas in one section of the piping system and test medium in an adjacent section.

(11) Section P2502.1 Existing building sewers and drains is amended to read: Existing

building sewers and drains shall be used in connection with new systems when found by examination and/or test to conform to the requirements prescribed by this document.

(12) Section P2503.4 Building sewer testing is amended to read: The building sewer may be tested by insertion of a test plug at the point of connection with the public sewer, filling the building sewer with water and pressurizing the sewer to not less than 10-foot (3048 mm) head of water. The pressure shall not decrease during a period of not less than 15 minutes. The building sewer shall be watertight at all points.

(13) The last sentence in Section P2603.4 is amended to read: The sleeve shall have an inside

diameter of at least one-half inch (1/2”) larger than the outside diameter of the pipe passing through it.

(14) The last sentence in Section P2603.5.1 is amended by inserting the number “12 inches”

and again “12 inches”. (15) Section P2801.6.1 Pan size and drain is amended by striking the reference to Table

P2906.5 and inserting Table P2906.4. (16) Section P2902.5.3 Lawn irrigation systems is amended by adding the following sentence:

Maintenance of any atmospheric vacuum breaker, pressure vacuum breaker assembly or reduced pressure principle backflow prevention assembly shall be performed annually by a certified backflow prevention contractor. Proof of such annual maintenance shall be provided to the city within 60 days of notice being issued to the property owner. If such proof is not provided within the specified time frame, the city shall hire a certified backflow prevention contractor to perform such maintenance to the city’s satisfaction, at the owner’s expense.

(17) The last sentence in Section P2906 Separation of water service and building sewer is

amended to read: The required separation distance shall not apply where the bottom of the water service pipe that is located within 5 feet (1524 mm) of the sewer is not less than 24 inches (610 mm) above the highest point of the top of the building sewer.

(18) Section P2906.4 is amended by adding a new section: Section 2906.4.2 Tracer wire: For

the purpose of locating the building service lines, all new or replacement installations using non-metallic pipe or tubing shall have a #12 THHW copper conductor, or equivalent, tracer wire installed with the service line. The tracer wire shall be installed as follows: For water lines, the tracer wire shall extend six (6) inches above the meter box cover through the meter box to the point of entry into the building, where it shall be connected to a one half (1/2) pound anode or larger. For yard hydrants, the tracer wire shall extend six (6) inches above the surface of the ground at the backflow device to the point of connection to the water service, where it shall be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or larger. For lawn sprinklers, the tracer wire shall extend six (6) inches above the surface of the ground at the backflow prevention device to the point of connection to the water service, where it shall be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or larger. Exception: The tracer wire may be omitted on lawn sprinkler piping installed after the backflow prevention device located on private property.

(19) Section P2906.5. Hot and cold water branch lines is amended by adding the following

sentence: Hot and cold water branch lines connected to within 18 inches of the water heater connection shall be of brass, K, L, or M copper or galvanized steel, or an approved metallic water heater connector.

(20) Section P3002.2 Building Sewer is amended by adding a new section: Section P3002.2.2

Tracer wire: For the purpose of locating building sewers, all new installation and replacements shall have a #12 THHW copper conductor or equivalent tracer wire

installed with the sewer line. The tracer wire shall extend six (6) inches above the surface of the ground at the cleanout to the tap, where it shall be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or larger at the sewer tap or at the downstream end of the replaced sewer line.

(21) Section 3005.2.6 Cleanout plugs is amended to read: Cleanout plugs shall be copper

alloy, plastic or other approved materials. Cleanout plugs for borosilicate glass piping systems shall be of borosilicate glass. Brass cleanout plugs shall conform to ASTM A74. Plastic cleanout plugs shall conform to the reference standards for plastic pipe fittings as indicated in Table P3002.3. Cleanout plugs shall have a raised square head, a countersunk square head or a countersunk slot head. Where a cleanout plug will have a trim cover screw installed into the plug, the plug shall be manufactured with a blind end threaded hole for such purpose.

(22) Section P3114.3 Where permitted is amended by adding the following statement:

Permission shall be required from the building official and noted on the plumbing permit.

(23) Section E3406.3 Minimum size of conductors is amended to read as follows: The

minimum size of conductors for feeders and branch circuits shall be #12 AWG copper and #6 AWG aluminum. The minimum size of service conductors shall be as specified in Chapter 36. The minimum size of Class 2 remote control signaling and power-limited circuit conductors shall be as specified in Chapter 43. [310.106(A)].

(24) Section E3601.6.2 Service disconnect location is amended to read: The service

disconnecting means with overcurrent protection shall be installed at a readily accessible location outside of the building. Each occupant shall have access to the disconnect serving the dwelling unit in which they reside.

(25) Section 3604.2.2 Vertical Clearance from grade is amended to read: Overhead service or

feeder conductors shall have the following minimum clearances from final grade:

a. For conductors supported on and cabled together with a grounded bare messenger wire, the minimum vertical clearance shall be 10 feet (3048 mm) at the electric service or feeder entrance to the buildings or structures at the lowest point of the drip loop of the structure electric entrance and above areas or sidewalks accessed by pedestrians only. Such clearance shall be measured from the final grade or other accessible surfaces.

b. Twelve (12) feet (3653 mm) — over residential property or sidewalks accessed

by pedestrians only. c. Fifteen (15) feet (4500 mm) — over residential property or residential driveways

subject to vehicular traffic. d. Eighteen (18) feet (5486 mm) — over public streets, alleys, roads or parking

areas subject to truck traffic. [230.24 (B) (1), (2), (3) and (4)].

(26) Section E3604.5.1 Strength is amended to read: The service mast shall be of adequate strength or shall be supported by braces or guys to safely withstand the strain imposed by the service-drop or overhead service conductors and in no case are smaller than a 2-inch ridge conduit. Hubs intended for use with a conduit that serves as a service mast shall be identified for use with service-entrance equipment.

(27) Section E3608.1 Grounding electrode system is amended by adding the following statement: On all new construction, one or more of the electrodes specified in Sections E3608.1.1 through E3608.1.3 shall be made available.

(28) Table E3702.14 Branch Circuit Requirements - Summary, Circuit Rating 15 amp:

Conductor is amended by deleting “#14 AWG Wire” and inserting “#12 AWG wire”. (29) Section E3706 Panelboards is amended by adding a new section: Section E3706.6

Panelboard Size: The panelboard shall be of a size large enough to allow the installation of all circuit overcurrent devices required for the present installation and a minimum of four (4) extra spaces for future use.

(30) Section E4002.14 Tamper-resistant receptacles is amended by adding a new exception:

Exception 4. A single or duplex receptacle used for countertop appliances or other electric devices where such receptacles are located over a standard height and size countertop.

(a) The following sections of the International Residential Code are deleted:

(1) Section R303.4 Mechanical Ventilation. (2) Chapter 11 Energy Efficiency. (3) Section M1411.8 Locking access port caps. (4) Section G2414.5.2 (403.5.2) Copper, copper alloy tubing.

SECTION SIX: AMENDMENT TO MUNICIPAL CODE SECTION 14-45. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-45 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-45. - Amendments to the International Plumbing Code. (a) The following amendments and additions are made to the International Plumbing Code:

(1) Section 101.1 is amended by inserting: City of Arkansas City, Kansas. (2) Section 106.6.2 is amended by inserting: See Arkansas City Comprehensive Fee Schedule

for applicable fee schedule. (3) Section 109.2 is amended to read: The Building Trades Board of the City of Arkansas


(4) Section 109.6 is amended to read: The Board may modify or reverse the decision of the

city code official by a majority vote of a quorum. (5) Section 305.5 is amended to read in its entirety as follows: Pipes through or under

footings or foundation walls. Any pipe that passes under a footing or through a foundation wall shall be provided with a relieving arch, or a pipe sleeve pipe shall be built into the foundation wall. The sleeve shall be ½ inch greater in size than the pipe passing through the wall.

(6) Section 305.4.1 is amended by inserting the number “12 inches” and again “12 inches”. (7) Section 503 is amended by adding a new section:

Section 503.3 Hot and cold water branch lines connected to and within 18 inches of the water heater connection shall be of brass, K, L, or M copper or galvanized steel, or an approved metallic water heater connector.

(8) The last sentence in Section 603.2 is amended to read: The required separation distance shall not apply where the bottom of the water service pipe that is located within 5 feet (1524 mm) of the sewer is not less than 24 inches (610 mm) above the highest point of the top of the building sewer.

(9) Section 603 is amended by adding: Section 603.3 Tracer wire: For the purpose of

locating building sewer lines, all new and replacement installations using non-metallic pipe or tubing shall have a #12 THHW copper conductor or equivalent tracer wire installed with the service line. The tracer wire shall be installed as follows:

Water line: The tracer wire shall extend from six (6) inches above the meter box cover through the meter box to the point where it enters the building, where it shall be connected to a one half (1/2) pound anode or larger. Yard hydrant: The tracer wire shall extend six (6) inches above the surface of the ground at the yard hydrant to a point of connection to the water service, where it shall be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or larger. Lawn sprinkler: The tracer wire shall extend from six (6) inches above the surface of the ground at the backflow prevention device to a point of connection to the water service, where it shall be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or larger. Exception: The tracer wire may be omitted on the lawn sprinkler piping installed after the backflow prevention device located on private property.

(10) Section 608.1 is amended by adding: In addition to the requirements covered by this

section, all water supply systems connected to a public water system shall comply with Article IV Water Supply Cross Connections Sections 78-141 through 78-174.

(11) Section 608.15.4 is amended by adding: Section 608.15.4.3 Yard Hydrants. When

installed, water piping shall be ridge type “K” copper, brass or galvanized pipe for a distance of 6 inches on both sides of the hydrant (freeze proof), or a minimum 6-inch extension of type “K” copper, brass or galvanized pipe attached before the yard hydrant (freeze proof). Adequate rock or gravel shall be installed at the base of the hydrant to allow for a drainage field for the hydrant drain. Hydrants shall be fitted with a non-removable hose bib vacuum breaker, and the weep hole shall be fitted with a 1/8-inch elbow and a short nipple. Hydrants shall be supported by steel tee post and attached to the tee post by a minimum of two (2) stainless steel bands. Bands shall be installed 6 inches above finished grade and within 6 inches of the hydrant head.

(12) Section 608.16.5 Connection to lawn irrigation systems is amended by adding the

following sentence: Maintenance of any atmospheric vacuum breaker, pressure vacuum breaker assembly or reduced pressure principle backflow prevention assembly shall be performed annually by a certified backflow prevention contractor. Proof of such annual

maintenance shall be provided to the city within 60 days of notice being issued to the property owner. If such proof is not provided within the specified time frame, the city shall hire a certified backflow prevention contractor to perform such maintenance to the city’s satisfaction, at the owner’s expense.

(13) Section 703.1 is amended to read: Where the building sewer is installed within 5 feet

(1524 mm) of water service, as provided for in Section 603.2, the building sewer pipe shall conform to one of the standards for ABS plastic pipe, copper or copper-alloy tubing, or PVC plastic pipe listed in Table 702.3.

(14) Section 703 is amended by adding a new section:

Section 703.7 Tracer wire: For the purpose of locating building sewers, all new installations and replacements shall have a #12 THHW or equivalent tracer wire installed with the sewer. The tracer wire shall extend from the surface of the ground at the cleanout to the tap, where it shall be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or larger.

(15) Section 715.1 Sewage backflow is amended to read: All new or replacement building sewer shall include a backflow prevention device. The backflow prevention device shall be installed as close to the building as is practical and upstream of the cleanout, and shall be made accessible for periodic cleaning and maintenance by the building owner.

Section 715.1.1 Existing building sewers: When repairs to an existing building include the removal or replacement of 5 feet of drain line and/or installation of a cleanout, the backflow prevention device shall be installed as close to the building as practical and upstream of the cleanout.

Exception: A backflow prevention device may only be omitted if approved by the authority having jurisdiction.

(16) Section 903.1 amended by inserting “six inches (6)”. (17) Section 918.3 is amended by adding: When permitted, permission shall be required

from the building official and noted on the plumbing permit.

(b) The following sections of the International Plumbing Code are deleted: (1) Section 109.2.1 Qualifications (2) Section 109.2.2 Alternate members (3) Section 109.6.1 Resolution

SECTION SEVEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-46. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-46 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-46. - Amendments to the International Property Maintenance Code. The following amendments and deletions are made to the International Property Maintenance Code:

Section 101.1 is amended by inserting: City of Arkansas City, Kansas. Section 102.6 is amended to read in its entirety as follows:

Historic buildings. Except as provided by Section 304.13.3, the provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety, and welfare.

Section 107.2 is amended to read in its entirety as follows: which — in additional to Section 302.4 — shall constitute the City of Arkansas City’s weed removal and notification procedure pursuant to K.S.A. 12-1617(f):

Such notice prescribed in Section 107.1 shall: (1) Be in writing; (2) Include a description of the real estate sufficient for identification; (3) Include a statement of the violation or violations and why the notice is being

issued; (4) Include a correction order allowing a reasonable time to make the repairs and

improvements required to bring the dwelling unit or structure into compliance with the provisions of this code;

(5) Inform the owner or occupier that he or she may be issued a notice to appear in

Municipal Court if the violation is not corrected; (6) Comply with other provisions of K.S.A. 12-1617(f), if the city intends to assess

the costs of weed abatement to the parcel; and (7) Include a statement of the right to file a lien in accordance with Section 106.3.

Section 111 is amended to read in its entirety as follows:

The city code official may issue a notice to appear in Municipal Court for all violations of this code.

Section 112.4 is amended to read in its entirety as follows:

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be fined in an amount set by resolution of the board of city commissioners.

Section 302.4 is amended by inserting: 12 inches. Section 304.14 is amended by inserting: January 1, December 31. Section 304.13.3 is added to read as follows:

Windows:

(1) All window frames or other openings in the wall of a structure for a window (hereafter collectively referred to as “window frame”) shall be filled, in compliance with applicable building and housing codes, with material capable of closing and sealing the entire window frame to prevent access to the structure by pests, rodents, insects, birds or other animals.

(2) When removing or replacing material, including but not limited to glass, wood

products, metal or corrugated filler, within any window frame, the material shall be replaced with a material capable of closing and sealing the entire window opening, and consisting of:

a. A rigid and transparent material, excluding Plexiglas; b. A decorative or tinted pane or panes of glass; or c. The same material as contained in the original construction of the

structure, or a modern, improved material that has the same appearance as that used in the original construction.

(3) If otherwise in compliance with applicable building and zoning codes, in lieu of

the requirements set forth above, windows may be removed permanently by closing the opening with the same material and color as the surrounding exterior of the building, so that the wall does not appear to contain the window and window frame. If the same material and color are not available, the code enforcement officer may, upon written request, approve an alternative material and/or color that meets the intent and objective of this section.

Section 602.3 is amended by inserting: January 1, December 31. Section 602.4 is amended by inserting: January 1, December 31.

SECTION EIGHT: AMENDMENT TO MUNICIPAL CODE SECTION 14-47. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-47 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-47. - Amendments to the International Fuel Gas Code. (a) The following amendments and additions are made to the International Fuel Gas Code:

(1) Section 101.1 is amended by inserting: City of Arkansas City, Kansas. (2) Section 106.6.2 is amended by inserting: See Arkansas City Comprehensive Fee Schedule



(4) Section 109.6 Board decision is amended to read: The Board may modify or reverse the

decision of the city code official by a majority vote of a quorum. (5) Section 403.5 is amended to read: Seamless aluminum alloy and steel tubing shall not

be used with gases corrosive to such material.

(6) Section 406.1.4 Section Testing is amended by deleting the sentence: Under no

circumstances shall a valve be used as a bulkhead between gas in one section of the piping system and test medium in an adjacent section, except where a double block and bleed valve system is installed.

(b) The following sections of the International Fuel Gas Code are deleted:

(1) Section 109.2.1 Qualifications (2) Section 109.2.2 Alternate members (3) Section 109.6.1 Resolution (4) Section 403.4.3 Copper and brass (5) Section 403.5.2 Copper and brass tubing

SECTION NINE: AMENDMENT TO MUNICIPAL CODE SECTION 14-48. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-48 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-48. - Amendments to the National Electrical Code. (a) The following amendments and additions are made to the National Electrical Code:

(1) Article 80 Administration and Enforcement (Appendix H)

a. Article 80.15 (A) through (F) is deleted and amended to read: The Building Trades Board of the City of Arkansas City, Kansas (The Board) is hereby appointed as the appeals board to hear any appeals made of decisions of the city code official.

b. Article 80.19 (F) (3) is amended by inserting: 2 business. c. Article 80.23 (3) is amended by inserting: one hundred, 100.00, five hundred,

500.00, one, 1, thirty, 30. d. Article 80.25 (C) is amended by inserting: 2. e. Article 80.29 is amended by inserting: jurisdiction. f. Article 80.35 is amended by inserting: thirty, 30.

(2) Article 210 Branch Circuits a. Article 210.8 Ground-Fault Circuit-Interrupter Protection for Personnel. (A)

Dwelling Units is amended to read as follows:

(2) Garages, and also accessory buildings that have a floor located at or below grade level not intended as habitable rooms and limited to storage areas, work areas, and areas of similar use.

Exception to (2): Garage door openers shall not be required to have ground-fault circuit-interrupter protection.

(6) Kitchens — where the receptacles are installed to serve the countertop

surfaces. Exception to (6): Refrigerators shall not be required to have ground-fault circuit-interrupter protection.

b. Article 210.12 Arc-Fault Circuit-Interrupter Protections. (A) Dwelling Units is

amended to read as follows:

All 120-volt, single-phase, 15- and 20-ampere branch circuits supplying outlets or devices installed in dwelling unit bedrooms, closets, laundry areas and similar rooms or areas shall be protected by any of the means described in 210.12(A)(1) through (6):

c. Article 210.19 Conductors—Minimum Ampacity and Size. (1) General is

amended to read as follows:

Branch circuit and small feeder conductors shall be of No. 12 A.W.G. or larger and shall be copper. Exception: No. 6 or larger stranded aluminum or copper clad aluminum may be used when properly treated against corrosion with an approved compound and used with approved connectors. Branch-circuit conductors shall have an ampacity not less than the maximum load to be served. Conductors shall be sized to carry not less than the larger of 210.19 (A)(1)(a) or (b). 1. Where a branch circuit supplies continuous loads or any combination of

continuous and non-continuous loads, the minimum branch-circuit conductor size shall have an allowable ampacity not less than the non-continuous load plus 125 percent of the continuous load.

2. The minimum branch-circuit conductor size shall have an allowable

ampacity not less than the maximum load to be served after the application of any adjustment of correction factors.

Exception: If the assembly, including the overcurrent devices protecting the branch-circuit(s), is listed for operation at 100 percent of its rating, the allowable ampacity of the branch-circuit conductors shall be permitted to be not less than the sum of the continuous load plus the non-continuous load.

d. Table 210.24 Summary of Branch-Circuit Requirement, Circuit Rating 15 A -

Circuit wires is amended by deleting “14” and inserting “12”.

(3) Article 225 Outside Branch Circuits and Feeders

a. Article 225.17 Masts as Support is amended to read as follows:

Only feeder or branch-circuit conductors specified within this section shall be permitted to be attached to the feeder and/or branch-circuit mast. Any mast used for the support of final spans of feeders or branch circuits shall be a

minimum of two (2) inch galvanized rigid steel or greater, and shall be installed in accordance with 225.17 (A) and (B).

b. Article 225.18 item (2) is amended to read as follows:

(2) 4.5 m (15 ft.) — over residential property and driveways, and those commercial areas not subject to truck traffic where the voltage does not exceed 300 volts to ground.

(4) Article 230 Services

a. Article 230.24 Clearances, (B) Vertical Clearance from Ground, item (2) is amended to read as follows:

(2) 4.5 m (15 ft.) — over residential property and driveways, and those

commercial areas not subject to truck traffic where the voltage does not exceed 300 volts to ground.

b. Article 230.28 Service Masts as Supports is amended to read as follows:

Only power service-drop or overhead service conductors specified within this section shall be permitted to be attached to the service mast. Any service mast used for the support of final spans of service drop or overhead service conductors shall be a minimum of two (2) inch galvanized rigid steel or greater, and shall be installed in accordance with 230.28 (A) and (B).

c. Article 230.31 (A) General is amended by adding the following sentence:

Underground service-lateral conductors for 200-ampere services or larger may be installed, provided that written approval from the local utility provider is received, and shall be installed according to the local utility provider’s “Typical Permanent Underground Service” details.

d. Article 230.43 Wiring Methods for 600 Volts, Nominal, Or Less is amended by deleting the following categories:

(1) Open wiring on insulators; (2) Type IGS cable; (6) Electrical Nonmetallic tubing (ENT); (7) Service-entrance cables; (13) Type MC Cable; (14) Mineral-insulated, metal-sheathed cable; (16) liquid-tight flexible nonmetallic conduit.

e. Article 230.70 (A) (1) Readily Accessible Location is amended to read as follows:

The service disconnect shall be installed at a readily accessible location outside of the building, either directly below or adjacent to the meter socket.

Exception: A shunt trip main breaker may be used when written approval is given by the fire marshal and building official. Location of the shunt trip push button shall be located in a readily accessible location approved by the fire marshal.

(5) Article 334 Nonmetallic-Sheathed Cable: Types NM, NMC, and NMS

Article 334.10 Uses Permitted is amended by deleting the following item: (3).

(6) Article 362 Electric Nonmetallic Tubing: Type ENT

Article 362.10 Uses Permitted is amended to read as follows: The use of ENT and fittings may be used for the installation of communication and data cables where enclosed in chases or wall cavity.

(7) Article 406 Receptacles, Cord Connectors, and Attachment Plugs (Caps)

Article 406.12 Tamper-Resistant Receptacles is amended by adding a new exception: Exception: 5. A single or duplex receptacle used for countertop appliances or other electric devices where such receptacles are located over a standard height and size countertop.

(8) Article 408 Switchboards and Panelboards

Article 408.54 Number of Overcurrent Devices is amended by adding the following sentence: The panelboard shall be of a size large enough to allow the installation of all circuit overcurrent devices required for the present installation and at least two (2) additional spaces for two hundred twenty (220) volt two-pole circuit overcurrent devices (4 spaces) for future use or two (2) additional spaces for two 3-pole overcurrent devices (6 spaces) for 3 phase panels for future use.

(b) The following section is deleted in full:

(1) Article 80.27 Inspector’s Qualifications SECTION TEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-49. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-49 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-49. - Amendments to the International Mechanical Code. (a) The following amendments and additions are made to the International Mechanical Code:

(1) Section 101.1 is amended by inserting: City of Arkansas City, Kansas (2) Section 106.5.2 is amended by inserting: See Arkansas City Comprehensive Fee Schedule

for applicable fee schedule.

(3) Section 109.2 is amended to read: The Building Trades Board of the City of Arkansas City, Kansas (The Board) is hereby appointed as the appeals board to hear any appeals made of decisions of the city code official.

(4) Section 109.6 is amended to read: The Board may modify or reverse the decision of the

city code official by a majority vote of a quorum. (5) Section 601.5 Return Air Openings is amended by deleting item 3. The amount of return

air taken from any room or space shall be not greater than the flow rate of supply air delivered to such room or space.

(6) Section 1009.2 Closed-type expansion tanks is amended by adding to the end of the

sentence, “or as determined by the design professional”. (7) Section 1102.3 Access port protection is amended to read: Refrigerant access ports shall

be protected by standard port caps whenever refrigerant is added to or recovered from refrigeration or air-conditioning systems.

(b) The following sections of the International Mechanical Code are deleted:

(1) Section 109.2.1 Qualifications (2) Section 109.2.2 Alternate members (3) Section 109.6.1 Resolution (4) Section 1101.10 Locking-access port cap

SECTION ELEVEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-50. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-50 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-50. - Amendments to the International Existing Building Code. (a) The following amendments and additions are made to the International Existing Building Code:

(1) Section 101.1 is amended by inserting: City of Arkansas City, Kansas. (2) Section 108.2 is amended by inserting: See Arkansas City Comprehensive Fee Schedule

for applicable fee schedule. (3) Section 112.3 is amended by inserting: The Building Trades Board of the City of Arkansas


(4) Section 1401.2 is amended by inserting: Effective Date January 1, 2017.

SECTION TWELVE: AMENDMENT TO MUNICIPAL CODE SECTION 14-51. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-51 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-51. - Amendments to the International Private Sewage Disposal Code.

(a) The following amendments and additions are made to the International Private Sewage Disposal

Code:

(1) Section 101.1 is amended by inserting: City of Arkansas City, Kansas. (2) Section 101.3 is amended to read: When a private sewage disposal system fails and the

public sewer is available within 300 feet, as provided in Section 62-229(d), the private disposal system shall be abandoned and an approved connection to the public sewer shall be completed, unless otherwise approved by the city engineer or his or her designee.

(3) Section 106.4.2 is amended by inserting: See Arkansas City Comprehensive Fee Schedule



(5) Section 109.6 is amended to read: Limitations on Authority. An application for appeal

shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been interpreted incorrectly, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this code.

(b) The following sections of the International Private Sewage Disposal Code are deleted:

(1) Section 109.2.1 Qualifications (2) Section 109.2.2 Alternate members (3) Section 109.2.3

SECTION THIRTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-99. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-99 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 14-99. - Permit required. (a) It is unlawful for any person, firm, or corporation to move, haul, or transport any house,

building, derrick, or other structure of the height of 16 feet or over, or width of 14 feet or over, or length of 75 feet or over, upon, across, or over any public highway, local street or alley within the limits of the city, upon which public highway, road, street, or alley any telephone, telegraph, electric light, or electric power wires or other facilities are in place (collectively utilities), without first obtaining a permit therefore.

(b) All applicants for a permit shall complete the application form on file with the city and submit it,

along with the fee set by resolution of the board of city commissioners, and a good and sufficient surety bond in favor of the city in the sum of $10,000.00, indemnifying the city against any damage to streets and any loss or damage suit resulting from the failure of such person, firm, or corporation to comply with the provisions of this article or from their neglect.

(c) Upon receipt of a completed application and permit fee, the code enforcement officer shall investigate the application and, if the application is true and correct, shall give at least 30 days’ notice of the proposed move to all utilities within the proposed route.

(d) Upon the expiration of 30 days after notice is given, payment by the applicant of the costs

described in Section 14-100 below, and the moving of all affected utilities, the code enforcement officer shall issue a permit for same and, within the permit, designate the route for such moving.

(e) The permit holder shall give the code enforcement officer and utilities not less than 24 hours’

advance notice of the actual date for the move, provided that should the moving operation be delayed, the permit holder shall give such notice again.

(f) All permits shall be valid for six months after the date of their issuance. SECTION FOURTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-100. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-100 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-100. - Duty of owners. (a) All utilities owning or operating such wires, cables, or other aerial equipment after service of

notice of the move must remove, raise, or cut such wires, cables or other aerial equipment as will be necessary to facilitate applicant’s moving operations within 30 days of notice, and advanced payment or acceptable surety arrangements in lieu of advanced payment of the costs incurred to accommodate the applicant’s proposed move.

(b) Violation of this section shall render such utility liable to the applicant in an amount not to

exceed $100.00 per day for each day such utility fails and refuses to so accommodate applicant’s moving operations.

SECTION FIFTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-101. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-101 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-101. - Molesting wires.

No person, firm, or corporation engaged as principal or employee in moving any house, building,

derrick, or any other structure shall move, touch, cut, molest, or in any way interfere with telephone, telegraph, electric light or electric power wires, or any poles bearing such wires or any other equipment. SECTION SIXTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-102. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-102 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-102. - Code enforcement officer to inspect moving operations.

The code enforcement officer shall inspect the progress of the moving of any house, building,

derrick or other structure to ensure the structure is moved in accordance with this article. To protect pavement, crossings, culverts, drains or bridges on the route, the code enforcement officer may require the applicant to plank such places properly to prevent damage.

SECTION SEVENTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-103. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-103 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-103. - Display of lights in barricade.

Any person, firm or corporation engaged in the moving of any building, derrick, or other high or

heavy structure, machine, or thing along, across, or over any street, avenue, alley, or other public property of the city shall keep and maintain red lights at night, visible to anyone approaching the building or other structure from either direction, and shall notify the fire chief and the police chief where the building or structure is stopped for the night. SECTION EIGHTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-135. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-135 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-135. - Lien created on insurance proceeds. (a) Pursuant to K.S.A. 40-3901 et seq., which is incorporated by reference as if fully set forth herein,

the board of city commissioners hereby creates a lien in favor of the city on the proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a structure located within the city, caused by or arising out of fire, explosion or windstorm, when the proceeds recoverable for all the loss or damage to the structure under all policies is in excess of 75 percent of the face value of the policy covering such insured structure.

(b) The lien arises upon any unpaid tax, special ad valorem levy, or any other charge imposed upon

real property by or on behalf of the city which is an encumbrance on real property, whether or not evidenced by written instrument, or such tax, levy, assessment, expense or other charge that has remained undischarged for at least one year prior to the filing of a proof of loss.

SECTION NINETEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-136. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-136 of the Arkansas City Municipal Code to read as follows: Sec. 14-136. - Encumbrances. (a) Prior to final settlement on any claim covered by this article, the insurer or insurers shall contact

the county treasurer to determine the amount of any encumbrances against the insured property. If any, the insurer or insurers shall execute and transmit in an amount equal to that owing under the encumbrances a draft payable to the county treasurer, to apply to the encumbrance.

(b) Such transfer of proceeds shall be on a pro rata basis by all insurance companies insuring the

property. SECTION TWENTY: AMENDMENT TO MUNICIPAL CODE SECTION 14-137. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-137 of the Arkansas City Municipal Code to read as follows (new provisions in italics):

Sec. 14-137. - Procedure. (a) When final settlement on a covered claim has been reached between the insured and the

insurer, the settlement exceeds 75 percent of the face value of the policy, and the holder of any first real estate mortgage on the insured property has been paid the amount due under the mortgage, the insurer shall pay to the city 15 percent of the covered claim, unless the code enforcement officer certifies that the damaged structure and debris has been removed or otherwise made safe and secure. Such payment shall be made on a pro rata basis by insurers, if more than one. In addition to payment, the insurer shall provide separately to the city the name and address of the named insured, the total insurance coverage applicable to said structure, and the amount of the final settlement.

(b) Upon receipt, the city shall send by registered mail a notice to the insured of the requirements

of this article, certifying that insurance proceeds have been received. SECTION TWENTY-ONE: AMENDMENT TO MUNICIPAL CODE SECTION 14-160. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-160 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-160. - Streets and avenues.

All houses or buildings fronting public streets in the city shall be numbered in conformity with

the following provisions: (a) On streets running north and south, the numbering shall commence at the intersection of

Central Avenue with number 100 on the east side and number 101 on the west side of the street, and shall increase going north and south, giving each 25 feet a number along the building line to the intersection to the next street; thence commencing with number 200 on the east side and 201 on the west side of the street, and so on through each street.

(b) On avenues running east and west, the numbering shall commence at the intersection of

Summit Street with number 100 on the north side and number 101 on the south side of the avenue, and shall increase going east and west, giving each 25 feet a number along the building line to the intersection to the next avenue; thence commencing with number 200 on the north side and 201 on the south side of the avenue, and so on through each avenue.

SECTION TWENTY-TWO: AMENDMENT TO MUNICIPAL CODE SECTION 14-161. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-161 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-161. - Placement.

Buildings shall have approved address numbers, building numbers, or approved building

identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of ½ inch (12.7 mm). Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. SECTION TWENTY-THREE: AMENDMENT TO MUNICIPAL CODE SECTION 14-162.

The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-162 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-162. - Assignment.

The neighborhood services division shall assign numbers to all buildings in conformance with the

requirements set forth in this article. SECTION TWENTY-FOUR: AMENDMENT TO MUNICIPAL CODE SECTION 14-163. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-163 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-163. - Exception to system.

The code enforcement officer is authorized to establish exceptions to the numbering system

described in this article as may be necessary by the irregular routing of any street or avenue of the city. All changes of this nature shall meet the criteria laid out in the adopted subdivision regulations in Part III of this Municipal Code. SECTION TWENTY-FIVE: AMENDMENT TO MUNICIPAL CODE SECTION 14-195. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-195 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-195. - Licensing. (a) Generally. All contractors described in Section 14-196 shall obtain a license and may require

certification or examination prior to working in the city.

(1) An application shall be made in writing to the code enforcement officer, on the form on file with that office, with the required fee as set by the board of city commissioners.

(2) A separate contractor’s license is required for contractors engaged in more than one

building trade. However, the bonding and insurance requirements are met for all building trades under one contractor’s license.

(3) All licenses shall be issued for a period of two years and shall expire on December 31 of

even-numbered years. (4) Renewal. Renewal fees are due and payable by the date of expiration of the license.

Failure to renew the license by the date of expiration shall require the applicant to apply for a new license. Persons not renewing by January 31 of each odd-numbered year shall have their certificate canceled and shall be regarded as new applicants for certification and/or examination.

(b) Bond requirements. Every electrical, plumbing, mechanical, private sewage disposal, general,

building, residential, and limited contractor shall furnish to the city a good and sufficient surety bond in the sum of $4,000.00, conditioned that the principal and his or her employees, agents, and servants will comply with all of the ordinances of the city, and will hold the city harmless and free from all loss or damage to persons or property resulting out of negligence or failure of such persons to use due care in performing any work for which such license is required. Such bond shall be kept in full force and effect at all times the contractor performs work in the city.

(c) Insurance requirements. Contractors must purchase and maintain such insurance as will protect them from claims under workers compensation laws, disability benefit laws or other similar employee benefit laws; from claims for damages because of bodily injury, occupational sickness or disease, or death of employees, and claims insured by usual personal injury liability coverage; from claims for damages because of bodily injury, sickness or death of any person other than employees, including claims insured by usual personal injury liability coverage; and from claims for injury to or destruction of property, including loss of use resulting therefrom, any or all of which may arise out of or result from contractor’s operations, whether such operations be by the contractor or by any subcontractor, or anyone directly or indirectly employed by any of them, or for whose acts any of them be legally liable. The insurance shall be written for not less than:

(1) All electrical, plumbing, mechanical and private sewage disposal contractors shall be

required to carry insurance policies with minimum limitations of coverage as follow:

a. $300,000.00 — Personal injury* b. $600,000.00 — Aggregate coverage*

(2) All general and building contractors shall be required to carry insurance policies with minimum limitations of coverage as follow:

a. $1,000,000.00 — Personal injury* b. $2,000,000.00 — Aggregate coverage*

(3) All residential contractors shall be required to carry insurance policies with minimum limitations of coverage as follow:

a. $500,000.00 — Personal injury* b. $1,000,000.00 — Aggregate coverage*

(4) All limited contractors shall be required to carry insurance policies with minimum limitations of coverage as follow:

a. $300,000.00 — Personal injury* b. $600,000.00 — Aggregate coverage* *or any equivalent thereto.

(5) All contractors must provide workers compensation (as required by law) and shall include contractual liability insurance. The contractor will file with the city certificates of such insurance, on a form acceptable to the city. These certificates shall contain a provision that the coverage afforded under the policies shall not be canceled or materially changed until at least 15 days’ prior written notice has been provided to the city.

(d) Revocation. The building trades board, upon information received or upon request of the code

enforcement officer, shall have the power and is directed to suspend for a definite time or to revoke at its discretion any certificate granted pursuant to this article, if after notice and opportunity to be heard, the person holding such certificate is found guilty by the board of violating the terms and conditions of this article or this code, provided such aggrieved person

may have ten (10) days before having such certificate revoked to appeal to the board of city commissioners for a review of the facts, conditions and circumstances prompting the building trades board to revoke such license.

SECTION TWENTY-SIX: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor and/or City Manager of the City of Arkansas City, Kansas, to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION TWENTY-SEVEN: PUBLICATION; EFFECTIVE DATE. This ordinance, or a summary thereof, shall be published one time in the official City newspaper, and shall take effect and be in force from and after the date of said publication. PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas, on this 8th day of January, 2018. (Seal) _

Dan Jurkovich, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM: Tamara L. Niles, City Attorney

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Ordinance No. 2018-01-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on January 8, 2018, as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

Item for City Commission Action Section VII Item 1



Staff Contacts Nick Hernandez

Title: Select Vice Mayor for 2018. (Voice Vote) Description: Following the administration of the oath of office to newly elected commissioners, the outgoing commissioner(s) will step down from the dais and the new commissioner(s) will take their seats on the dais to begin their duties, followed by roll call. The next order of business will be to select a new Vice Mayor, who serves in the capacity of Mayor when the Mayor is unavailable or absent. Traditionally, the candidate with the third-highest number of votes in the last municipal election has been elected to this position. However, the commissioners indicated two years ago that they wished to transition to a system in which the highest vote-getter in the most recent election becomes mayor one year after his or her swearing-in. This allows the second-highest vote-getter to become mayor the following year and provide a bridge of stability through the next election, when possibly up to three new members could join the commission. If the commissioners wish to follow this protocol, then the highest vote-getter in the November 2017 election, Jay Warren, should be selected as Vice Mayor for 2018. He then will become Mayor in 2019. Alternatively, the commissioners could decide to deviate from this protocol and designate current Vice Mayor Karen Welch to continue in her current role. She then could continue as Vice Mayor in 2019, as the new system would dictate, and then become Mayor in 2020 as the second-highest vote-getter. Commission Options: 1. Select Jay Warren as Vice Mayor for 2018. 2. Select Karen Welch to continue serving as Vice Mayor. 3. Select another commissioner to serve as Vice Mayor. Fiscal Impact: Amount: N/A Fund: Department: Expense Code:


City Manager

Item for City Commission Action Section VII Items 2-10



Staff Contact Nick Hernandez

Title: Annual reorganization of City Commission. (Each item will require a separate motion.) Description:

2. Strother Field is jointly owned by the cities of Arkansas City and Winfield. It is governed by a seven-member body, three from each City and one from Cowley County. The Commission will need to appoint three of its members to serve on the Strother Field Commission. The City Commission’s past practice generally has been to appoint the three members of the Governing Body who have been elected to four-year terms and are not currently serving as Mayor as its three representatives to the Strother Field Commission. The rationale is to relieve the member of the Governing Body receiving the two-year term and the Mayor, who has the additional duties of that office, from the additional responsibility of serving on the Strother Field Commission. The current representatives are Commissioners Oestmann, Warren and Welch.

3. The Convention and Visitors Bureau Board of Directors, which oversees the collection and expenditure

of transient guest tax funds to promote tourism in the community, is constituted according to Charter Ordinance No. 32. One member of the Governing Body will need to be chosen to serve on this board. The current representative was former Commissioner Tweedy.

4. The Commission will need to appoint one member of the Governing Body to serve as representative to

the South Central Kansas Medical Center Board of Trustees. The City Manager, or his or her designee, is an advisory member of the Board of Trustees, serving without voting privileges. A member of the City Commission also is an advisory member of the Board of Trustees, serving without voting privileges. The current representative is Mayor Jurkovich.

5. The Commission will need to designate one member of the Governing Body to serve as representative

to Cowley First. This commissioner is a member of the executive coordinating council. The nine-member coordinating council is made up of representatives selected by the City of Arkansas City, RCB Bank, Cowley County, Union State Bank, Cowley College, the Strother Field Commission and the City of Winfield. Two at-large members appointed by the other seven collective members complete the executive coordinating council. The current representative is Mayor Jurkovich, with Commissioner Oestmann serving as an alternate.

6. The Commission will need to designate one member of the Governing Body to serve as an ex officio

member of the Arkansas City Public Library Board of Trustees. This board member has the same powers as the other board members. The current representative is Commissioner Oestmann, with Commissioner Welch serving as an alternate.

7. The Commission will need to designate one member of the Governing Body to serve as representative

to the Traffic Safety Committee. Formed in 2017, this committee is authorized to evaluate citizen and staff suggestions for traffic safety improvements or modifications, and to make recommendations regarding those improvements and recommend authorizing traffic engineering studies or analyses

needed to address problem areas. It consists of six staff members and representatives of the Arkansas City Area Chamber of Commerce, Cowley College, the Planning Commission and USD 470. The current representative is Commissioner Welch.

8. Designate one member of the Governing Body to serve as ex-officio on the Cherokee Strip Museum Board.

9. It is necessary to designate an official City newspaper for the publication of various legal notices

required by Kansas statute. The current official City newspaper is the Cowley CourierTraveler.

10. It also is necessary for the Commission to designate official depositories for various City funds. It has been the past practice of the Commission to designate all eligible banks in the community as potential depositories for City funds. Currently, those include RCB Bank, Union State Bank, The Stock Exchange Bank, and Community National Bank & Trust. RCB Bank also is the current primary depository for banking services for the City of Arkansas City.

Commission Options: 1. Approve the reorganization items with separate motions. Fiscal Impact: Amount: None Fund: Department: Expense Code:


City Manager


Meeting Date January 8, 2018

Department/Division Human Resource Division

Staff Contact Marla McFarland

Title: Approve personnel policy updates. (Voice Vote) Description: Review and adopt changes and updates to personnel policies, procedures, rules, and regulations:

2.4 Job Descriptions

5.12 Attendance

8.1 Motor Vehicle Operation

8.2 Commercial Driver’s License

10.2 Disciplinary Action Tools Commission Options: 1. Approve the policy updates. 2. Table the policy updates until a future meeting. 3. Disapprove the policy updates. Fiscal Impact: Amount: N/A Fund: Department: Expense Code:

Included in budget Grant Bonds Other (explain)

Approved for Agenda by:

City Manager

2.4

ARKANSAS CITY HUMAN RESOURCE

DIVISION

SUBJECT: Job Descriptions NUMBER: 2.4

EFFECTIVE DATE: 2/1/18 REVIEW: Biennially

AMENDS/SUPERSEDES:

APPROVED:

________________________

City Manager

JOB DESCRIPTIONS

The City attempts to maintain a job description for each position. Job descriptions prepared by

the City serve as an outline only. Due to the needs of operations, employees may be required to

perform job duties not within the written job description. Furthermore, the City may have to

revise, add to or delete from job duties according to needs. On occasion, the City may need to

revise job descriptions with or without advance notice to the employee.

If an employee has any questions regarding a job description, or the scope of duties, he or she

should speak with his or her supervisor or someone in the Human Resource Division. If the

employee does not have a copy of a current job description, he or she should request one from

the Human Resource Division. Job descriptions are available for review at any time.

3.2


DIVISION

SUBJECT: Attendance NUMBER: 5.12


AMENDS/SUPERSEDES:

Call-In Procedure, November 2, 2009

Tardiness, Job Abandonment, December 2008

APPROVED:

________________________

City Manager

ATTENDANCE

All employees are expected to be present at their assigned work places during the time assigned

by their supervisors.

Absences

An employee must notify his or her supervisor at least thirty (30) minutes prior to his or her

scheduled shift unless prevented from doing so by some circumstance beyond the employee’s

control.

Employees must call in each day they are absent, unless other arrangements have been made

with the supervisor, another person higher in the chain of command, or the Human Resource

Manager in cases of injury, domestic violence or a Family Medical Leave Act (FMLA) qualified

event. The employee, himself or herself, must call in unless there are circumstances beyond his

or her control which do not allow him or her to do so. It generally is not permissible to have

someone else call-in for the employee.

Employees may be required to provide documentation of any medical or other excuse for being

absent. The City reserves the right to utilize accrued, unused Vacation Leave, Sick Leave or

other paid time off to make up for missed time.

Failure to follow this procedure may put employees at risk for a no call/no show on his or her

attendance record and possibly disciplinary action.

Tardiness

Any employee aware that he or she will be late for work must notify his or her supervisor,

another person higher in the chain of command, or the Human Resource Manager in cases of

injury, domestic violence or a Family Medical Leave Act (FMLA) qualified event as soon as

possible prior to the beginning of his or her scheduled shift unless prevented from doing so by

some circumstance beyond the employee’s control.

Employees may be required to provide documentation of any medical or other excuse for being

late. The City reserves the right to utilize accrued, unused Vacation Leave, Sick Leave or other

paid time off to make up for missed time.

3.2

Job Abandonment

An employee who fails to report for duty without contacting the supervisor, another person

higher in the chain of command or the Human Resource Manager in cases of injury, domestic

violence or a Family Medical Leave Act (FMLA) qualified event, and also fails to provide

adequate justification for his or her absence for two (2) consecutive scheduled shifts shall be

deemed to have abandoned his or her position and voluntarily resigned from the City.

An employee who leaves his or her scheduled shift without adequate justification or permission

from the supervisor, another person higher in the chain of command, or the Human Resource

Manager in cases of injury, domestic violence or a Family Medical Leave Act (FMLA) qualified

event shall be deemed to have abandoned his or her position and voluntarily resigned from the

City.

8.1


DIVISION

SUBJECT: Motor Vehicle Operation NUMBER: 8.1


AMENDS/SUPERSEDES:

City-owned Vehicles, Use of Private Vehicles, Driver’s

License, Moving Violations, Accidents and Hazardous

Drivers, Termination of Employment for Failure to

Maintain a Driver’s License, Fitness to Drive, Seat Belt

Use, Accidents

APPROVED:

________________________

City Manager

MOTOR VEHICLE OPERATION

City-Owned Vehicles

City-owned vehicles are to be used for official City business only. No one except City

employees and other specifically authorized persons may ride in City-owned vehicles. The

driver of a City vehicle is responsible for the vehicle while it is in his or her charge and must not

permit unauthorized persons to drive it. Employees required to retain a vehicle overnight may

not use it for private business. Such unauthorized use may lead to disciplinary, action up to and

including termination.

Employees who operate any vehicle or equipment on City business must have a valid, current

Kansas driver’s license of the type required by state statute for the operation of such vehicle or

equipment.

Drivers of City vehicles are to report all infractions or violations while driving a City vehicle to

their Department/Division Head immediately.

The driver is responsible for the daily housekeeping of the vehicle; it is to remain clean and

uncluttered.

Use of Private Vehicles

Use of private vehicles for City business must be authorized by the appropriate

Department/Division Head. The City will reimburse for the use of a private vehicle on City

business, outside the City limits, at the most current rate established by Internal Revenue Service

for business mileage reimbursement.

Driver’s License and Driving Record

All employees required to operate a motor vehicle as part of their employment duties must

maintain a valid driver’s license and acceptable driving record. The City may run a motor vehicle

record check to determine an employee’s driving record. It is the employee’s responsibility to

provide a copy of his or her current driver’s license for the personnel file. Any changes in an

8.1

employee’s driving record, including but not limited to, driving infractions must be reported to

the Department/Division Head.

Moving Violations, Accidents and Hazardous Drivers

The City Manager shall have the authority to remove driving duties from employees who have a

poor driving history, hazardous pattern of motor vehicle violations, or accidents or disregard for

motor vehicle laws.

Failure to Maintain a Driver’s License

An employee whose job classification or position requires the possession and maintenance of a

driver’s license and/or any required special driving certification in order to perform the essential

functions of the job, and who subsequently has his or her license revoked, rescinded, suspended

or the renewal denied, may be terminated from employment for failure to maintain the necessary

qualification required for that position.

Fitness to Drive

The City reserves the right to require any employee who operates a vehicle on City business to

be examined by a qualified physician, selected and paid for by the City, if there is reason to be

concerned that the employee’s health may be impairing his or her ability to safely operate a

vehicle.

Any employee who is taking prescription medications that may impair his or her ability to safely

operate a motor vehicle must report this, along with the potential effects of the medication, to the

Human Resource Manager. The Human Resource Manager may ask for a doctor’s note to

determine fitness to operate a motor vehicle. Refusal to submit to such an examination may lead

to immediate suspension of driving privileges and disciplinary action, up to and including

termination.

No person shall operate a motor vehicle while under the influence of alcohol or a chemical

substance or any other substance that can impair judgment.

Seat Belt Use

Drivers and passengers of City-owned vehicles, or personal vehicles being used for work

purposes are required to have seat belts on and fastened whenever the vehicle is in motion.

Violations of this policy may lead to disciplinary action up to and including termination.

Motor Vehicle Accidents

If an employee is involved in an accident that results in personal injury or property damage while

operating a City-owned vehicle or a privately owned vehicle on City business, the following

steps should be taken:

Notify the Police Department immediately.

Ask that all parties, property and concerned persons remain at the scene of the accident

until Police Officers investigate.

Report the accident, no matter how small, to the Department/Division Head.

8.1

Do not discuss the accident with anyone at the scene of the accident except the

investigating officer.

Involvement in a motor vehicle accident may trigger drug and/or alcohol testing. Please see

Personnel Policy 7.1 – Drug and Alcohol Free Workplace for more information.

8.2


DIVISION

SUBJECT: Commercial Driver’s License NUMBER: 8.2


AMENDS/SUPERSEDES:

CDL Required for Operation of Certain Heavy

Equipment, Cost of CDL Licensing, Commercial Motor

Vehicle Operators DOT and FMCSA Drug and Alcohol

Testing Program

APPROVED:

________________________

City Manager

COMMERCIAL DRIVER’S LICENSE

CDL Required for Operation of Certain Heavy Equipment

According to federal and state law, some equipment requires an operating license other than a

class C driver’s license. If an employee is hired without the appropriate licensing for the

position, he or she must obtain the appropriate licensing within sixty (60) days of his or her date

of hire or as soon as The Department/Division Head is able to accommodate the appropriate

testing. Failure to obtain and maintain necessary licensing may lead to disciplinary action, up to

and including termination of employment.

City employees required to have a Commercial Driver’s License (CDL) must report all

convictions for violations of motor vehicle traffic laws and ordinances, other than parking

violations, to the Department/Division Head within thirty (30) days.

Cost of CDL Licensing

The City will reimburse the cost of CDL licensing and CDL license renewal to all employees

whose job duties require a Commercial Driver’s License.

DOT and FMCSA Drug and Alcohol Testing Program

The Department of Transportation (DOT), Federal Motor Carriers Safety Administration

(FMCSA) requires the City to establish a drug and alcohol testing program designed to help to

prevent accidents and injuries resulting from the misuse of alcohol or use of controlled

substances by drivers of commercial motor vehicles.

All City employees who are required to perform their duties for the City through the use of

Commercial Driver’s Licenses are required to submit to random testing for the use of alcohol

and certain drugs while on duty. In addition, the driver of any piece of equipment requiring a

CDL that is involved in any accident may be tested for drugs and/or alcohol.

An in-depth DOT/FMCSA Drug and Alcohol Testing Policy for CDL holders, separate from this

policy, will be provided to all City employees who are required to perform their duties for the

City through the use of Commercial Driver’s License. Please note that these particular

8.2

employees are subject to the DOT/FMCSA Drug and Alcohol Testing Policy in addition to the

City’s Drug and Alcohol Free Workplace Policy.

10.2


DIVISION

SUBJECT: Disciplinary Action Tools NUMBER: 10.2


AMENDS/SUPERSEDES: Disciplinary Action Tools

APPROVED:

________________________

City Manager

DISCIPLINARY ACTION TOOLS

The City may impose discipline, including discharge, at any level within its discretion.

Violations of standards of conduct, rules, regulations, laws, or City or department/division

policies and procedures, will result in one of the forms of corrective action listed below. This list

does not represent a sequential or progressive disciplinary process. Past infractions or violations

will be taken into consideration when administering discipline for a current infraction or

violation. In other words, the form of any corrective actions will incorporate the cumulative

nature of an employee’s past violations and/or infractions.

1) Verbal Warning: A Verbal Warning is an oral reprimand generally given to an

employee by his or her supervisor. A Verbal Warning may be given to the employee at

the supervisor’s discretion.

2) Written Warning: A Written Warning is a written reprimand generally given to an

employee by his or her supervisor. A Written Warning shall be approved and signed by

the employee’s Department/Division Head prior to presentation to the employee.

3) Performance Improvement Plan: A Performance Improvement Plan is a written

notification regarding a period of a specified length of time during which an employee is

required to fulfill a set of conditions, or improve work performance or on the job

behavior. A Performance Improvement Plan generally is presented to the employee by

his or her supervisor or Department/Division Head. The Performance Improvement Plan

shall be approved and signed by the employee’s Department/Division Head prior to

presentation to the employee.

4) Suspension with Pay: Suspension with Pay is the removal of an employee from service

with pay for a specified period of time. A supervisor may suspend an employee with pay,

if deemed appropriate, while the employee’s conduct is under review for some issue of

alleged misconduct. No such suspension shall exceed ten (10) calendar days.

Suspension with Pay is separate and distinct from Suspension without Pay.

5) Suspension without Pay: Suspension without Pay is the removal of an employee from

service without pay for a specified period of time. The Department/Division Head and

the City Manager shall approve and sign the Disciplinary Action Report documenting the

Suspension without Pay.

10.2

6) Salary Reduction: A Salary Reduction is the lowering of an employee’s rate of pay

within the pay range to which the employee’s position is assigned. The

Department/Division Head and the City Manager shall approve and sign the Disciplinary

Action Report documenting the Salary Reduction.

7) Demotion: A Demotion is the placement of an employee into a position of a lower pay

range. The Department/Division Head, City Manager, and Human Resource Manager

shall approve and sign the Disciplinary Action Report documenting the Demotion.

8) Termination: Termination is the removal of an employee from the City’s employment.

The Department/Division Head, City Manager, and Human Resource Manager shall

approve and sign the Disciplinary Action Report documenting the Termination.

Please note: The City shall not be required to start or start over at any point in the above listed

Disciplinary Action Tools. The frequency, nature and severity of the situation shall determine

if a more severe step of discipline, including termination, is appropriate.




Staff Contacts Andrew Lawson / Lesley Shook

Title: Ratify Mayor Dan Jurkovich’s appointments to the Beautification and Tree Advisory Board. (Voice Vote) Description: The Beautification and Tree Advisory Board currently has two (2) vacancies, but commissioners may appoint up to five (5) new members if they so choose. Members serve terms of three (3) years each. So far, applications have been received from Robin Henderson, Paisley Howerton, Brooke Padgett and Jessica Taylor. Staff would be comfortable with any or all of these women being appointed. Henderson’s husband, Tyler, is on the Northwest Community Center Advisory Board and her mother-in-law, Tammy Lanman-Henderson, chairs the Equal Opportunity and Accessibility Advisory Board. Howerton was a May 2017 recipient of the Good Neighbor Award and has assisted with many cleanup initiatives throughout the city. She is an advertising representative for the Cowley CourierTraveler. Padgett and Taylor both are Realtors with United Agency, and both volunteered during Fall Cleanup Day. Commission Options: 1. Ratify Mayor Jurkovich’s appointments. 2. Table the appointments for further discussion. Fiscal Impact: Amount: N/A Fund: Department: Expense Code:


City Manager

City Boards/Commissions/Committees/Councils Volunteer Form

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Phone:

Alternate Phone

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Employment: fO\A/UU (SffijEMMi^Job Title: firAWYtft'UACyYears Lived inArkansas City: £6

Community and Professional Activities/Associations/Honors/Organizations: ,

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Previous Civic Experience (please list any appointed orelected positions you have held in the past):

Appointment(s) you are applying for [please indicate your choice(s) - when avacancy occurs, youwill be contacted]:

ACPL (Public Library) Board ofTrusteesBeautificationand Tree Advisory BoardBuilding Trades AdvisoryBoard*Capital Improvement Plan CommitteeCity Commission (of% if vacancy occurs)CommunitySpirit Award CommitteeConvention and Visitors Bureau Board

Equal Opportunity &Accessibility Board

Historic Preservation Board

Northwest Community Center BoardOutstanding Young Student CommitteePlanningCommission / Board of ZoningPublic Building Commission

Recreation Commission

Retired Citizens Advisory CouncilSCKMC (Hospital) Board of Trustees

^rofcssimaUertificatiomreqmred- call (620)441-4415 or (620) 441-4420 for more information

Please indicate why you are interested inserving and what skills you might contribute: __

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Applicants must be appointed by the Mayor with the consent of the City Commission

Mail or Deliver to:

Lesley Shook, City Clerk OR Andrew Lawson, Public Information OfficerCityof ArkansasCity118 W. Central Ave.

Arkansas City, KS67005Or you can email this form to: icT,[email protected] or [email protected]

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Board Vacancies as of January 3, 2018

Board/Commission/Committee/Council Board Recommendations Applications Received /

Interest Expressed

Beautification and Tree Advisory Board ― 3

Vacancies

Robin Henderson, Paisley

Howerton, Brooke Padgett,

Jessica Taylor

Accepting applications

Community Spirit Award Committee ― 2-4

Vacancies

Accepting applications

Cowley County Council on Aging ― 1 Vacancy Accepting applications

Equal Opportunity and Accessibility Advisory

Board

Joaquin Retana, Daniel

Yocum

Northwest Community Center Advisory Board Wesley Bradford

Planning Commission (3-Mile Growth Area) Ron Slaven

* Mayor’s Recommendation

Potential Upcoming Reappointments

Board/Commission/Committee/Council Member(s) / Term Expiration Date Notes

Building Trades Advisory Board

Mark Bartlett / February 1, 2018 Master Electrician

David Billings / February 1, 2018 Master Plumber

Brian Lawrence / February 1, 2018 Master Mechanical

Ken Miller / February 1, 2018 Master Mechanical

Leonard Mumford / February 1, 2018 General Contractor

Chris Rains / February 1, 2018 Layman

Randy Smith / February 1, 2018 General Contractor

Northwest Community Center

Advisory Board Jackie Barnett / February 1, 2018

Outstanding Young Student Award

Committee

Sue Lancaster, Chris Tackett /

February 1, 2018

Planning Commission/Board of Zoning

Appeals

Charles Jennings, Andrew Paton, Dr.

Scott Rogers / February 1, 2018

Rogers = PC chair, Paton

= PC vice chair, Jennings

= BZA vice chair

Planning Commission Brian Wells / February 1, 2018 Member from 3-mile

growth area outside city

Public Building Commission David Billings, Mike Munson,

Shandon Weston / February 1, 2018

Billings serves as chair,

Munson as vice chair

Retired Citizens Advisory Council

Jerri Achenbach, Larry Gilmore,

Carol Goldwater, Gary Humiston /

February 1, 2018

Goldwater serves as

chair; Humiston serves as

vice chair

Applications Received / No Current Vacancies

Name Interest in serving on:

Michael Bergagnini South Central Kansas Medical Center Board of Trustees

JoAnn Bierle Convention and Visitors Bureau Board of Directors

Jerry Campbell Convention and Visitors Bureau Board of Directors

Mike Dobson Arkansas City Recreation Commission

Dale Eggen Planning Commission / Board of Zoning Appeals

Dr. Mauricio Herrera South Central Kansas Medical Center Board of Trustees

Carol House Outstanding Young Student Award Committee

Ted Kadau Building Trades Advisory Board

Planning Commission / Board of Zoning Appeals

Derek Koller South Central Kansas Medical Center Board of Trustees

Mell Kuhn Planning Commission / Board of Zoning Appeals

South Central Kansas Medical Center Board of Trustees

Sue Lancaster Planning Commission / Board of Zoning Appeals

Dr. John Seitz South Central Kansas Medical Center Board of Trustees

Michael Taylor Building Trades Advisory Board

Jill Wineinger Planning Commission / Board of Zoning Appeals

Item for City Commission Action Section IX Item 1



Staff Contacts Lesley Shook / Andrew Lawson

Title: City Advisory Board Reports Description: The following approved board minutes are included in this packet:

Aug. 21, 2017 — Northwest Community Center Advisory Board

Oct. 16, 2017 — Northwest Community Center Advisory Board Commission Options: 1. No action needed. Fiscal Impact:

Amount: N/A Fund: Department: Expense Code:


City Manager

NORTHWEST COMMUNITY CENTER ADVISORY BOARD MINUTES FOR

MONDAY AUGUST 21ST

, 2017.

BOARD MEMBERS PRESENT: JACKIE BARNETT, RUBEN GARCIA, AND GARY HALE.

CINDY BENNETT DIRECTOR WAS ALSO PRESENT.

MINUTES FOR JULY WERE ACCEPTED AS WRITTEN BY RUBEN GARCIA AND JACKIE

BARNETT.

Cindy talked about:

1. Gary Hale and Jackie Barnett recommended Felipe Escalante as a new board

member for NWCC. Gary feels he has a lot going for him, seems responsible,

and could bring good things to the NWCC.

2. Movie night, game night, Bingo, air hockey, pool, and ping pong are officially

on one Thursday a month. We will have different tournaments every month.

The tournaments will be rewarded with a prize and certificate.

3. Gary and Carolyn Hale donated a bingo game. Gary Hale talked to Cheryl and

Mr. Krisik about donating some swim passes from both the swimming pools.

These were given out at the Bingo game along with Frisbee and beach toys.

4. Jackie Barnett and Tyler Henderson spoke with the basketball coach Thrasher

at Cowley College about donating used basketballs that they don’t use any

longer. They brought about 12 balls which I aired up and marked with NWCC.

Tyler bought a thank you card that I would like all the board members to sign.

5. The food program on Thursday ended for about 4 weeks and will begin again

this Thursday Sept. 21st

.

6. The Board Members that have helped on Thursdays are: July 13th

….Jackie

Barnett in charge of Movie night, Tyler in charge of Gym, Gary helped in Game

room. July 27th

Gary was Bingo caller along with Rubens help.

The Board asks:

1. That a separate table be provided for the bingo caller and helper. This will

keep the table from being moved around by the kids.

2. One card per child. This is so more have a chance to win.

3. Ruben recommended replacing a new flag outside. The outside flag is looking

tired and worn.

MEETING ADJOURNED. NEXT MEETING MONDAY SEPTEMBER 18TH

2017.

NORTHWEST COMMUNITY CENTER ADVISORY BOARD

MINUTES FOR MONDAY OCTOBER 16TH

2017

BOARD MEMBERS PRESENT: JACKIE BARNETT, FELIPE

ESCALANTE, GARY HALE, AND RUBEN GARCIA. ANDREW

LAWSON, ASSISTANT TO CITY MANAGER, WAS ALSO

PRESENT.

After reading the minutes for September 18th

2017 Gary Hale accepted

first with Ruben Garcia second.

Cindy talked about:

1. Felipe donated pucks for the air hockey game.

2. Will have Bingo this Thursday October 19th

. Gary Hale, and Felipe

Escalante have asked the OPTIMIST CLUB to donate tickets for

two hot dogs and a drink at their booth during Arkalalah. We will

have 20 tickets to give as Bingo gifts.

3. Been working on plaque honoring past and present board

members. We have been discussing how the plaque should be

presented. Tabled vote until everyone is present so they could

check and approve the order etc.

4. Board members attending Thursday night program. June 22nd

Tyler Henderson, June 29th

Gary Hale, and Tyler Henderson. July

13th

Gary Hale, Jackie Barnett, and Tyler Henderson. July 20th

Jackie Barnett, and Tyler Henderson. July 27th

Gary Hale and

Ruben Garcia. August 3rd

Tyler Henderson. August 31st

Gary

Hale. September 7th

Ruben Garcia and Gary Hale. September

21st

Ruben Garcia and Felipe Escalante. September 28th

Jackie

Barnett, Gary Hale, and Felipe Escalante. October 5th

Tyler

Henderson. October 12th

Felipe Escalante.

5. Got Pool table and air hockey table working correctly again.

The Board asks:

1. Ruben feels the American flag is looking a little dingy and should

be replaced.

2. The board gave suggestions on how to present the plaque. The

order should in the order of service with Past beside name. The

Present members should be in order of service with Present

beside them.

3. Talked on rack to hold pool cues in the game room so they

wouldn’t hit floor or wall.

4. Discussed replacing ties in gym ceiling to keep the gaps together

to keep balls from getting behind tarp.

MEETING ADJOURNED. NEXT MEETING DECEMBER 18TH

2017.

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