city of arkansas city board of city commissioners · andrew lawson title: consent agenda item:...

City of Arkansas City Board of City Commissioners

Agenda

Regular Meeting

Tuesday, February 6, 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

1. Annicka Hernandez, “If I were Mayor” contest winner. 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 January 16, 2018, regular meeting minutes as written. 2. Ratify Mayor Dan Jurkovich’s appointment of Carol House to the Outstanding Student Award

Committee. 3. Ratify Mayor Dan Jurkovich’s reappointments of Mark Bartlett, David Billings, Brian Lawrence and Ken

Miller to the Building Trades Advisory Board. 4. A Resolution authorizing the purchase of a 2018 Yale MCW040-E electric walk-behind forklift from

Berry Material Handling, of Wichita, for an amount not to exceed $21,677.00. 5. A Resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Original Master

Agreement, dated April 13, 2017, between the City of Arkansas City and the Secretary of Transportation, Kansas Department of Transportation (KDOT).

6. Approve Personnel Policy Updates. 7. A Resolution approving a five year purchase program with Axon, of Scottsdale, AZ, for Tasers.

VI. Old Business

VII. New Business 1. Consider a Resolution creating the 2018 Capital Improvement Planning (CIP) Committee. (Voice Vote) 2. Consider first reading of an Ordinance modifying Municipal Code Part II, Chapters 14 and 62,

concerning buildings and building regulations; licensing of backflow prevention, fire suppression installation and tree removal contractors; property owners’ ability to perform work on their own properties; the composition of and appeals process for the Building Trades Advisory Board; and other related issues. (Roll Call Vote)

3. Consider a Resolution authorizing the City of Arkansas City to enter into Agreement No. 172-17 with the Kansas Department of Transportation (KDOT) to let and administer a construction contract for the Crestwood Drive Bridge Replacement Project, for an amount not to exceed $60,000.00. (Voice Vote)

VIII. City Manager Updates IX. Other Business

1. City Advisory Board Reports 2. Exception to Neighborhood Revitalization Plan.

X. Adjournment

Item for City Commission Action Section V Item 1

Meeting Date 2/6/2018

Department/Division City Manager

Staff Contact Andrew Lawson

Title: Consent Agenda Item: Approve the January 16, 2018, regular meeting minutes as written. Description: Please see attached document. Commission Options: 1. Approve with the consent agenda. 2. Remove item from 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

January 16, 2018 Page 1





Title: Consent Agenda Item: Ratify Mayor Dan Jurkovich’s appointment of Carol House to the Outstanding Student Award Committee. Description: Carol House is the last of three applicants last year to be appointed to the Outstanding Student Award Committee, which will resume its annual work of evaluating around 100 students in just a few months. House is a former member of the Community Cornerstone Award committee and a parent of a former Outstanding Young Student Award winner. She currently serves on the boards for Etzanoa and Legacy. Staff recommends making this appointment. Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration. Fiscal Impact: Amount: N/A Fund: Department: Expense Code:


City Manager





Title: Consent Agenda Item: Ratify Mayor Dan Jurkovich’s reappointments of Mark Bartlett, David Billings, Brian Lawrence and Ken Miller to the Building Trades Advisory Board. Description: In order to comply with recently revised Municipal Code, staff recommends reappointing the following three tradesmen to the Building Trades Advisory Board. Their new terms will last until February 1, 2020.

Master Electrician — Mark Bartlett

Master Mechanical — Brian Lawrence

Master Plumber — David Billings Bartlett and Billings have served for multiple terms, while Lawrence is completing his first term. Staff recommends making all three appointments. Also, in order to maintain the proper staggering of terms among tradesmen, staff recommends reappointing Ken Miller to a one-year term ending February 1, 2019. He also is a master mechanical. Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration. Fiscal Impact: Amount: N/A Fund: Department: Expense Code:


City Manager

Board Vacancies as of January 31, 2018

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

Interest Expressed

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

Outstanding Student Award Committee Carol House

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

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

growth area outside city

South Central Kansas Medical Center

Board of Trustees

Carol Hearne, Dr. Nick Rogers /

April 1, 2018

Hearne serves as chair;

Rogers not eligible for

reappointment (2 terms)

Arkansas City Public Library

Board of Trustees

Kammy Downs, Jerald Hooley /

April 30, 2018

Both eligible for an

additional 4-year term

City-Cowley County Board of Health Mary Benton / December 31, 2020 Ark City representative

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 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



Department/Division Public Works / Environmental Services

Staff Contact Rod Philo

Title: Consent Agenda Item: A Resolution authorizing the purchase of a 2018 Yale MCW040-E electric walk-behind forklift from Berry Material Handling, of Wichita, for an amount not to exceed $21,677.00. Description: This electric walk-behind forklift will be used primarily to transport chemical totes, each weighing more than 3,000 pounds, to the scales at the new Water Treatment Facility. The scales are calibrated and extremely sensitive, thus driving the need for an electric walk-behind forklift that can accomplish this task without undue disturbance to the scales. Proper chemical dosages are dependent on the sensitivity of these scales. The budgeted amount for this item was $32,000.00. Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration. Fiscal Impact: Amount: $21,677.00 Fund: 16 (Water) Department: 651 (Water Treatment) Expense Code: 7405 (Machinery/Equipment)


City Manager

RESOLUTION NO. 2018-02 A RESOLUTION AUTHORIZING THE PURCHASE OF A 2018 YALE MCW040-E ELECTRIC WALK-BEHIND FORKLIFT FROM BERRY MATERIAL HANDLING, OF WICHITA, FOR AN AMOUNT NOT TO EXCEED $21,677.00. 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 of the City of Arkansas City hereby authorizes the City to purchase a 2018 Yale MCW040-E electric walk-behind forklift from Berry Material Handling, of Wichita, for an amount not to exceed $21,677.00. 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 February 6, 2018. (Seal) Dan Jurkovich, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM. Tamara Niles, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2018-02-____ of the City of Arkansas City, Kansas adopted by the governing body on February 6, 2018 as the same appears of record in my office. DATED: _________________ Lesley Shook, City Clerk



Department/Division Public Works

Staff Contact Eric Broce

Title: Consent Agenda Item: A Resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Original Master Agreement, dated April 13, 2017, between the City of Arkansas City and the Secretary of Transportation, Kansas Department of Transportation (KDOT). Description: This Supplemental Agreement reflects a change in the exchange provisions for the federal funds annually allotted by the Kansas Department of Transportation to the City of Arkansas City. Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration. Fiscal Impact: Amount: Fund: Department: Expense Code:


City Manager

RESOLUTION NO. 2018-02 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 TO THE ORIGINAL MASTER AGREEMENT, DATED APRIL 13, 2017, BETWEEN THE CITY OF ARKANSAS CITY AND THE SECRETARY OF TRANSPORTATION, KANSAS DEPARTMENT OF TRANSPORTATION (KDOT). NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor to execute and submit Supplemental Agreement No. 1 to the Original Master Agreement, dated April 13, 2017, between the City of Arkansas City and the Secretary of Transportation, Kansas Department of Transportation (KDOT). Such Agreement is attached hereto and incorporated by reference as if fully set forth herein. 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 February 6, 2018. (Seal) Dan Jurkovich, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM: Tamara Niles, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2018-02-_____ of the City of Arkansas City, Kansas adopted by the governing body on February 6, 2018 as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

Dwight D. Eisenhower State Office Building 700 S.W. Harrison Street Topeka, KS 66603-3745

Bureau of Local Projects

Phone: 785-296-3861 Fax: 785-296-2079

Hearing Impaired - 711 kdot#[email protected]

http://www.ksdot.org

Richard Carlson, Secretary Michael J. Stringer, P.E., Chief

Sam Brownback, Governor

BLP Memo 18-01

MEMO TO: County Engineers/City Engineers/Road Supervisors/Highway Administrators/Public Works

Directors

DATE: 1/11/2018

SUBJECT: Federal Fund Exchange Supplemental Agreement

Please find attached the Supplemental Agreement reflecting the modifications to the Federal Fund Exchange

program as stated in BLP Memo 17-07, dated August 3, 2017.

Although KDOT has not yet received our full allotment of federal funds for Federal Fiscal Year 2018, we are

sending you the supplemental agreement in anticipation of the distribution being made as soon as they are

available. KDOT is hopeful that this will help expedite the process at that time.

Please sign and return two originals of the completed Supplemental Agreement to the address below.

KDOT will execute and return an original to the Local Public Authority (LPA).

KDOT Bureau of Local Projects

Attn: Ingrid Horton

3rd Floor, West Wing, Dwight D. Eisenhower State Office Building

700 SW Harrison Street

Topeka, KS 66603-3754

The Federal Fund Exchange program is a voluntary program that allows an LPA to trade all or a portion of its

federal fund allocations in a specific federal fiscal year with KDOT in exchange for state transportation dollars.

State funds will be paid on a reimbursement basis as the LPA incurs costs for transportation related projects. The

FFE Program Guidelines and required documents are found at http://www.ksdot.org/burlocalproj/default.asp.

We appreciate your participation in the Federal Fund Exchange program for local public agencies. Please contact

Ingrid Horton, Tod Salfrank or me at 785-296-3861 if you have any questions.

Sincerely,

Michael J. Stringer, P.E., Chief


http://www.ksdot.org/burlocalproj/default.asp

Supplemental No. 1 to

Agreement No. 71-16

Page 1 of 2

FUND EXCHANGE MASTER

CITY OF ARKANSAS CITY, KANSAS

S U P P L E M E N T A L A G R E E M E N T No. 1

This Agreement, effective as of the date signed by the Secretary or designee, is between the Secretary

of Transportation, Kansas Department of Transportation (KDOT) (the “Secretary”) and the City of Arkansas

City, Kansas (the “City”), collectively, the “Parties.”

RECITALS:

A. The Secretary and the City entered into Agreement No. 71-16 dated April 13, 2017, for the purpose of

participating in the Secretary’s voluntary Federal Fund Exchange Program (the “Original Master

Agreement”).

B. The Parties now mutually desire to supplement the Original Master Agreement to reflect a change in the

exchange provisions.

NOW, THEREFORE, the Parties agree as follows:

1. On page one (1) of the Original Master Agreement, Recital A be replaced in its entirety to read

as follows:

A. The Secretary has authorized a voluntary Federal Fund Exchange Program under which local

units of government may exchange some or all of the Federal Funds allotment by KDOT to

the local unit in a specific federal fiscal year for State Funds allocated to the Secretary.

2. On page one (1) of the Original Master Agreement, Recital B be replaced in its entirety to read

as follows:

B. The City desires to exchange all or a portion of the City’s annual allotment of Federal Funds

for State Funds at the Exchange Rate.

3. On page one (1) of the Original Master Agreement, Article I, paragraph 2, Banked Funds, be

deleted and the subsequent definition paragraphs renumbered.

4. On page two (2) of the Original Master Agreement, Article I, paragraph 4, Exchange Rate, be

replaced in its entirety to read as follows:

4. “Exchange Rate” means the exchange of the City’s Federal Funds allotment for State Funds

at the reimbursement rate determined by the Secretary in the Fund Exchange Request.

5. On pages two (2) and three (3) of the Original Master Agreement, Article II, paragraph 3,

Exchange of Funds, be replaced in its entirety to read as follows:

3. Exchange of Funds. When the City submits a Fund Exchange Request, to use the

Exchanged Funds pursuant to the Federal Fund Exchange Program, the following terms will

apply to the exchange:

(a) The City authorizes the Secretary to retain and use the Exchanged Portion of the City’s

annual allotment of Federal Funds for the federal fiscal year indicated in the Fund

Exchange Request in exchange for State Funds at the Exchange Rate.

(b) The Secretary shall reimburse the City, with State Funds, for one hundred percent

(100%) of costs incurred pursuant to this Agreement, in an amount not to exceed the

Supplemental No. 1 to

Agreement No. 71-16

Page 2 of 2

Exchange Rate multiplied by the Exchanged Funds. All costs incurred in excess of the

fund exchange amount will be the sole responsibility of the City.

(c) The City understands that the Secretary may use the retained Federal Funds exchanged

by the City for any federally eligible purpose or project within the State.

(d) The Secretary will make partial payments to the City for amounts not less than $1,000

and no more frequently than monthly. Such payments will be made after receipt of proper

billing showing costs paid by the City and any reimbursement form required by KDOT.

6. Attachment A of the Original Master Agreement, is null and void, and is replaced by the attached

Revised Attachment A.

THIS SUPPLEMENTAL AGREEMENT shall not be construed to alter, modify, or void the terms,

provisions or conditions of the Original Agreement, incorporated herein by reference, except as herein

specifically provided.

IN WITNESS WHEREOF, the Parties have caused this Supplemental Agreement to be signed by their

duly authorized officers.

ATTEST: THE CITY OF ARKANSAS CITY, KANSAS

___________________________________ ___________________________________

CITY CLERK MAYOR

(SEAL)

Kansas Department of Transportation

Secretary of Transportation

BY:

Catherine M. Patrick, P.E. (date)

State Transportation Engineer

Attachment A


REQUEST TO EXCHANGE FEDERAL FUNDS

under the Federal-Aid Fund Exchange Master Agreement

Date:

County/City:

Federal Funds to Be Exchanged:

Exchange Rate for 2XXX: $0.XX State Funds/$1.00 Federal Funds

The Secretary of Transportation is hereby requested to make available to the city/county State Funds in

exchange for the city’s/county’s allotment of Federal Funds in the amount stated above. The Exchange will

be made under the Terms and Conditions as set forth in the city/county’s Federal Fund Exchange Master

Agreement previously executed between the city/county and the Secretary. This request shall be attached to

and become a part of the city/county’s Federal Funds Exchange Agreement.

Contact Person: Title:

Address:

Phone: Email:

Signature* Date

Typed or Printed Name

Title

*The representative signing this request must be authorized by law to bind the city/county to an

agreement.



Department/Division Human Resources

Staff Contact Marla McFarland

Title: Consent Agenda Item: Approve personnel policy updates. Description: Please review and adopt changes and updates to the following policies, procedures, rules or regulations:

1.12 Employee Council

17.8 Safety Footwear Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration. Fiscal Impact: Amount: N/A Fund: Department: Expense Code:


City Manager

1.12

ARKANSAS CITY HUMAN RESOURCE

DIVISION

SUBJECT: Employee Council NUMBER: 1.12

EFFECTIVE DATE: 3/1/18 REVIEW: Biennially

AMENDS/SUPERSEDES:

1.12 Employee Council, December 1, 2016

APPROVED:

____________________

City Manager

EMPLOYEE COUNCIL

The City of Arkansas City values its employees as the most significant resource available to City

government. It is committed to candid, open communication among City staff. An ongoing

communication process is vital to a healthy, progressive and trusting attitude within the

municipal organization. In order to enhance communication on an ongoing basis, the Employee

Council has been established.

The Council is represented by members of several departments/divisions and is chaired by a

second-year member selected by the Council’s voting membership. Specific guidelines are listed

below:

Purpose and Definition

The Employee Council is an advisory group whose purpose is to provide input to the City

Manager and management staff regarding general employee issues, suggestions or concerns.

The Council may make recommendations from time to time, suggesting improvements in City

policies and procedures. The Council also serves as a sounding board for management’s ideas or

concerns, and to communicate goals and plans to all employees.

Additionally, the Council serves as a focus group for developing and maintaining ongoing

programs for employee appreciation and recognition, including but not limited to quarterly

breakfasts or luncheons, holiday-related promotions and the annual employee Christmas party.

Composition and Qualifications

The Employee Council is a function of the Human Resources Division within the City Manager

Department. The City Manager and Human Resources Manager facilitate the overall function of

the Council, but do not vote. Also present at Council meetings as nonvoting members are the

Public Information Officer/Special Projects Coordinator and Human Resources Administrative

Assistant.

1.12

In addition to these four nonvoting staff members, the Council is composed of nine (9) voting

members, representing the following departments/divisions:

1. Finance Department — one (1) representative;

2. Fire-Emergency Medical Services Department — two (2) representatives;

3. Parks and Facilities Division — one (1) representative;

4. Police Department — two (2) representatives;

5. Public Works Department — one (1) representative each for the Environmental Services

Division and Public Services Division, plus one (1) additional at-large Public Works

Department representative, for a total of three (3) representatives.

At a minimum, a member of the Council must be:

A good listener.

Able to communicate well with other employees and engage in constructive dialogue.

Interested in doing what is best for the City and its employees.

A team player who is willing to volunteer some of his or her personal time for the benefit

of the City and the Council.

Member Selection and Terms

Department/Division Heads, except the City Manager and Human Resources Manager, are

ineligible for appointment to or inclusion on the Employee Council. All voting members of the

Council must be employees who are not supervisors and/or do not fulfill a supervisory function.

On a biannual basis, City employees will be given an opportunity to nominate two (2) non-

supervisory employees from their department/division for consideration of membership on the

Council to fill one of the nine (9) seats.

The City Manager, or his or her designee, will determine the final membership of the Council

from these nominations, based on several factors, including but not limited to diversity, broad

departmental representation and blend of personnel. Whenever possible, any new appointee

from the Fire-EMS and Police departments either should be on a shift that differs from the other

departmental member’s shift or an administrative employee who is not part of that department’s

front-line workforce. No more than one such administrative employee from each department

shall serve on the Council at any given time.

If a member resigns or is removed before his or her term expires, a replacement shall be selected

by the City Manager from the employees previously nominated, if a suitable number remains

available for consideration. Otherwise, the process shall begin anew as previously stated.

Replacement members shall be appointed to the unexpired term of their predecessors.

Terms on the Council are for two years, starting in February and ending in January two (2) years

1.12

later. Council members may not serve consecutive two-year (2) terms. The City Manager may

make an exception, however, if a department/division is small enough that a sufficient pool of

candidates does not exist without consideration of a current Council member, or if that member

is the only suitable candidate for appointment to the seat that is scheduled to open.

Only second-year Council members are eligible to serve as chairperson. The chairperson shall

be selected by a majority of the voting members of the Council to serve a one-year (1) term from

February through January of the following year.

In order to provide a suitable pool of candidates for chairperson, terms on the Council shall be

staggered so that no more than five (5) members shall be first-year members in any given year

and so there are always at least four (4) second-year members.

Beginning February 2017, the following staggered rotation schedule of terms shall be in effect:

In February of odd-numbered years, starting in 2017, new representatives shall be

appointed from the Environmental Services Division, Fire-EMS Department, Parks and

Facilities Division, Police Department, and Public Services Division.

In February of even-numbered years, starting in 2018, new representatives shall be

appointed from the Finance Department, Fire-EMS Department, Police Department and

Public Works Department (at-large).

Terms currently in effect shall be adjusted to match this schedule in the following manner:

Terms currently scheduled to expire prior to July in 2017 or 2018 shall be shortened to

instead expire in January of that same year.

Terms currently scheduled to expire after June in 2017 or 2018 shall be extended to

instead expire in January of the following year.

Meetings

The Employee Council generally meets on the first Thursday of each month, unless there is some

business that necessitates a special meeting or there is no business to be discussed that month, at

which point the meeting may be canceled by the City Manager and Human Resources Manager.

Minutes of each meeting shall be recorded by the Public Information Officer/Special Projects

Coordinator. In his or her absence, minutes shall be recorded by the Human Resources

Administrative Assistant or another designated staff member.

17.7

ARKANSAS CITY HUMAN RESOURCE

DIVISION

SUBJECT: Safety Footwear NUMBER: 17.7

EFFECTIVE DATE: 3/1/18 REVIEW: Biennially

AMENDS/SUPERSEDES:

Safety Footwear Policy 10/1/2016

APPROVED:

________________________

City Manager

SAFETY FOOTWEAR

Each Department/Division head will determine the appropriate protection required for feet and

ankles based on the work assigned to each worker, and ensure each worker wears appropriate

footwear.

To determine appropriate protection, the following factors will be considered: slipping, uneven

terrain, abrasion, ankle protection and foot support, crushing potential, temperature extremes,

corrosive substances, puncture hazards, electrical shock, and any other recognizable hazard.

Each affected employee will have the opportunity to purchase, and may be reimbursed for up to

$200 (taxable income) toward, appropriate Safety Footwear. The Safety Footwear

reimbursement benefit may be utilized only once during a two year period (two calendar years).

The actual amount, up to $200 (less applicable taxes); will be reimbursed to the employee as

taxable wages, through the payroll process, as required by the IRS.

Please note: Special Safety Footwear is purchased, at the sole expense of the City, for the use of

affected employees of the Fire/EMS Department. Therefore there is no such allowable,

reimbursable expense for that Department.

No slip-on-type boots will be considered acceptable unless ankle support has been

incorporated within the manufacturer’s design.

Required Safety Footwear can be purchased at the vendor of the employee’s choice.

Departments/divisions will be responsible for approving the purchase of Safety Footwear.

Employees shall be responsible for maintaining their Safety Footwear.

Any lost, stolen or abused footwear will be replaced at the employee’s expense.

Employees who report to work without the proper Safety Footwear shall be subject to

discipline, up to and including termination.

Employees who are not able to wear Safety Footwear for medical reasons must provide a

doctor’s certificate to the Human Resource Manager requesting exemption from this

requirement.

Supervisors at all levels shall be responsible for insuring compliance with this policy.

17.7

Affected employees shall comply with this policy and shall be responsible for properly using,

maintaining, and wearing appropriate Safety Footwear.

Process:

1) Employee will visit the provider of his or her choice.

2) Employee will select Safety Footwear that complies with the requirements noted within

this policy.

3) Employee will purchase the Safety Footwear with his or her own funds.

4) Employee will provide the receipt and the completed, approved Safety Footwear

Reimbursement Form, with their timecard, to the Finance Department, via their

Department/Division head, for payment.

5) The taxable reimbursement will be processed and provided on the employee’s next

regular payroll check, after receipt of the Safety Footwear Reimbursement Form.

6) Applicable income, Social Security and Medicare taxes will be withheld as required by

the IRS.



Department/Division Police

Staff Contact Chief Dan Ward

Title: Consent Agenda Item: Consider a Resolution approving a five year purchase program with Axon, Scottsdale, AZ, for Tasers.

Description: Traditionally we have been budgeting $5,000 annually for Taser replacement. Tasers have continually increased in price and currently they have a per unit price of $1,500. This agreement will lower individual unit costs to $1,300 each, lock the cost for five years, and spread the purchase price of 10 units over five years, reducing our annual expense to only $2,800. Additionally, we will be receiving a trade in allowance the first year which reduces our 2018 cost to $1,800.

Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration.

Fiscal Impact: Amount: $1,800 in 2018. ($2,800 in 2019-2022) Fund: 01 Department: 421 Expense Code: 7405 (Police/equipment)


City Manager

RESOLUTION NO. 2018-02

A RESOLUTION APPROVING A FIVE YEAR PURCHASE PROGRAM WITH AXON, OF SCOTTSDALE, AZ, FOR TASERS. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: That the Governing Body of the City of Arkansas City, Kansas hereby approves the purchase of Tasers from Axon, of Scottsdale AZ, not to exceed $13,000 for the 5 year period. 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 February 6, 2018. SEAL

____________________________ Dan Jurkovich, Mayor

ATTEST: _____________________________ Lesley Shook, City Clerk APPROVED AS TO FORM: ______________________________ Tamara Niles, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2018-02-____ of the City of Arkansas City, Kansas adopted by the governing body on February 6, 2018 as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

Item for City Commission Action Section VII Item 1


Department/Division City Manager / Public Works

Staff Contacts Andrew Lawson / Mike Crandall

Title: A Resolution creating the 2018 Capital Improvement Planning (CIP) Committee. (Voice Vote) Description: The City has been gathering citizen input on possible future projects and staff recommends forming a short-term CIP Committee to process those ideas. This Resolution authorizes the committee’s creation. As part of the planning for the 2019 budget and the 10-year Capital Improvement Plan (CIP), the CIP Committee will help staff to prioritize projects and funding, as well provide another source of ideas. The recommendations of the CIP Committee will be presented to the City Commission, along with staff recommendations, as part of the 2019 budget process this spring and summer. An insert in the January 2018 utility bills asked residents to submit their ideas for projects they would like to see the City complete in future years. Staff have been collecting and collating these responses. In order to expedite the planning process, residents were asked to return forms by February 28, 2018. The mission of the CIP Committee will be to provide input on the needs and wants of the community by recommending how City management and the City Commission should prioritize various CIP requests. Specifically, the committee will review the priority ranking given to each project identified in the planning document, as well as the year in which the project is slated to be implemented. The CIP Committee will not make financial decisions on which projects will or will not be funded. Those decisions ultimately will be made by City Manager Nick Hernandez and the City Commission. The CIP Committee will meet three to five times in March and April to discuss and prioritize City projects. Staff anticipates that the work of the committee should wrap up by the end of April. Commission Options: 1. Approve the Resolution. 2. Disapprove the Resolution. 3. Table the Resolution for further discussion. Fiscal Impact:

Amount: N/A

Fund: Department: Expense Code:


City Manager

RESOLUTION NO. 2018-02-____

A RESOLUTION CREATING THE 2018 CAPITAL IMPROVEMENT PLANNING COMMITTEE AND AUTHORIZING SAID COMMITTEE TO EVALUATE ARKANSAS CITY CITIZEN SUGGESTIONS FOR PROJECTS. WHEREAS, the City of Arkansas City, Kansas, desires to gather citizen input on possible future projects and form a short-term citizen-driven committee to process those ideas in the first quarter of 2018; and WHEREAS, the 2018 Capital Improvement Planning (CIP) Committee will help staff to prioritize projects and funding, as well as provide another source of ideas as part of the planning for the 2019 budget and the 10-year Capital Improvement Plan; and WHEREAS, the mission of the CIP Committee is to provide input on the needs and wants of the community by recommending how City management and the Governing Body of the City of Arkansas City, Kansas, should prioritize CIP requests; and WHEREAS, the CIP Committee will review the priority ranking given to each project identified in the planning document, as well as the year in which the project is slated to be implemented; and WHEREAS, the CIP Committee will meet three to five times in March and April to discuss and prioritize projects, with the work of the CIP Committee anticipated to wrap up by the end of April 2018; and WHEREAS, the recommendations of the CIP Committee will be presented to the Governing Body, along with staff recommendations, as part of the 2019 budget process in the spring and summer of 2018; and WHEREAS, the inaugural CIP Committee of 2017 was deemed a success by both staff and citizen participants, with several citizens expressing interest in being reappointed to the 2018 CIP Committee. 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 of the City of Arkansas City, Kansas, hereby creates the 2018 Capital Improvement Planning Committee and authorizes said CIP Committee to evaluate Arkansas City citizens’ suggestions for projects to possibly be included in the 2019 budget and/or Capital Improvement Plan. SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes City staff 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 THREE: This Resolution shall be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas, until December 31, 2018. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this sixth day of February, 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 Resolution No. 2018-02-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on February 6, 2018, as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk



Department/Division City Manager / Neighborhood Services

Staff Contacts Tamara Niles / Mike Bellis

Title: Consider first reading of an Ordinance modifying Municipal Code Part II, Chapters 14 and 62, concerning buildings and building regulations; licensing of backflow prevention, fire suppression installation and tree removal contractors; property owners’ ability to perform work on their own properties; the composition of and appeals process for the Building Trades Advisory Board; and other related issues. (Roll Call Vote) Description: The City Commission on May 16, 2017, directed staff to draft a proposal for modifying the composition of the Building Trades Advisory Board. On April 20, 2017, the Board voted 5-1 to recommend creating a limited contractor license for tree trimmers, to include bond and insurance but not testing/examination. An ordinance was drafted to achieve both goals by proposing the two general contractor positions on the Board be made at-large positions — increasing Commission flexibility in making those appointments, but keeping the board at nine (9) members — and creating a definition for a tree trimming contractor. This definition was revised to a tree removal contractor at a meeting August 17, 2017, and definitions also were created for a backflow prevention contractor and a fire suppression installation contractor. The latter currently receive limited contractor licenses from the City, but were not previously defined. This ordinance also includes language proposed by City Attorney Tamara Niles to allow property owners to do certain kinds of technical work on their own residential properties, a point of discussion for years. Final approval of this ordinance by the Building Trades Advisory Board occurred November 16, 2017. In the review process, the City Attorney determined many of the City’s existing definitions for various kinds of contractors were duplicative, outdated, conflicting or otherwise unclear. She then drafted additional revisions that would simplify and clarify these definitions, especially to make clear what kinds of work volunteers can perform without having to obtain a license or provide proof of passing an examination. Unanimous approval of the revisions by the Building Trades Advisory Board occurred January 18, 2018. This ordinance also modifies several code provisions to account for the 2017 Public Works Department reorganization, including the realignment of the Neighborhood Services Division under the City Manager Department, and the creation of the Quick Problem Resolution (QPR) process. The board of building appeals process was modified to account for the QPR option and the City Manager’s role in that option. Staff recommends tabling this ordinance for a second reading February 20 to allow for citizen input. Commission Options: 1. Approve the Ordinance on first reading.

2. Table the Ordinance until a second reading Feb. 20. 3. Disapprove the Ordinance. Fiscal Impact: Amount: Cost of publication Fund: Department: Expense Code:


City Manager

(Published in the Cowley CourierTraveler on _____________________________)

ORDINANCE NO. 2018-02-____ AN ORDINANCE MODIFYING MUNICIPAL CODE PART II, CHAPTERS 14 AND 62, CONCERNING BUILDINGS AND BUILDING REGULATIONS; LICENSING OF BACKFLOW PREVENTION, FIRE SUPPRESSION INSTALLATION AND TREE REMOVAL CONTRACTORS; PROPERTY OWNERS’ ABILITY TO PERFORM WORK ON THEIR OWN PROPERTIES; THE COMPOSITION OF AND APPEALS PROCESS FOR THE BUILDING TRADES ADVISORY BOARD, AND OTHER RELATED ISSUES. WHEREAS, the Governing Body of the City of Arkansas City, Kansas, has expressed a desire to consider modifying the membership and composition of the Building Trades Advisory Board, in order to allow more participation by citizens at large who are familiar with the requirements of its building codes; and WHEREAS, the 2017 Public Works Department reorganization, including the realignment of the Neighborhood Services Division under the City Manager Department, the implementation of the Technical Advisory Committees and the creation of the Quick Problem Resolution process, has spurred a need to amend Municipal Code, to authorize and reference these new organizations and processes; and WHEREAS, the Building Trades Advisory Board voted 5-1 on April 20, 2017, to recommend the adoption of a license requirement for tree removal contractors, to include a requirement for sufficient bond and liability insurance, but not testing or examination, and such license adoption requires Municipal Code to be amended to include a definition of a limited contractor engaging in the industry of tree removal; and WHEREAS, the City of Arkansas City, Kansas, currently administers limited contractor licenses for fire suppression installation contractors, but no provisions for these licenses nor definition of such contractors currently exists in Municipal Code, which City staff desires to remedy; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, seeks to better clarify Municipal Code concerning the rights of property owners to perform technical work on their own properties, including plumbing, electrical or mechanical work on their own single-family residential dwelling; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, seeks to create a license for backflow prevention contractors and to amend Municipal Code to require a permit for this work; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, desires to amend Arkansas City Municipal Code to accomplish all of 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 14-196. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-196 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-196. - Contractors subject to licensure and examination.

Prior to performing any work within this city, any contractor described below shall be licensed by the city after (1) providing proof of passing by at least 75 percent the test designated by K.S.A. 12-1501 et seq., or the applicable examination issued by the International Code Council; (2) providing a bond required by this

article; (3) providing public liability and property damage insurance certificates required by this article; and (4) paying the applicable fee set by the board of city commissioners: (a) Electrical contractor: Any person, firm, or corporation that employs or oversees others who install,

repair, construct, alter, add to, remove, restore, replace, remodel and/or maintain (hereafter collectively “alter(s)”) electrical wiring; and/or advertises or represents to others as having the capacity and/or ability to undertake or submit a bid or offer to alter electrical wiring. An electrical contractor must either be a master electrician or employ a master electrician.

(1) Master electrician: Any person who lays out, plans, and/or alters electrical wiring, appliances,

fixtures, motors or other apparatus requiring electrical current; or who supervises a journeyman electrician.

(2) Journeyman electrician: Any person who alters electrical wiring, or in any way works as an

electrician, under the direction of a city-licensed master electrician.

(b) Plumbing contractor: Any person, firm, or corporation that (a) employs or oversees others who (i) alter plumbing pipes, fixtures and appurtenances thereof (collectively “plumbing”), (ii) make any connection with the mains or laterals of the city plumbing, sewer and/or water systems, (iii) have a state certification for backflow prevention, and/or (iv) perform any plumbing repairs or maintenance; and/or (b) advertises or represents to the public as having the capacity and/or ability to undertake or submit a bid or offer to alter plumbing. A plumbing contractor must either be a master plumber or employ a master plumber.

(1) Master plumber: Any person who lays out, plans, and/or alters any plumbing; makes any

connection with the mains or laterals of the city plumbing, sewer and/or water systems; connects a lawn sprinkler system to the service line on commercial property; performs backflow prevention services if certified by the state; and/or supervises a journeyman plumber.

(2) Journeyman plumber: Any person who alters plumbing, makes any connection with the mains

or laterals of the city plumbing, sewer and/or water systems; performs backflow prevention services, if certified by the state; and/or connects a lawn sprinkler system to the service line on commercial property, under the direction of a city-licensed master plumber.

(c) Mechanical contractor: Any person, firm, or corporation that employs or oversees others who alter

mechanical systems or have a state certification for backflow prevention; and/or advertises or represents to others as having the capacity and/or ability to undertake or submit a bid or offer to alter mechanical systems. A mechanical contractor must either be a master mechanical specialist or employ a master mechanical specialist.

(1) Master mechanical specialist: Any person who lays out, plans, and/or alters any mechanical

system; performs backflow prevention services, if certified by the state; and/or supervises a journeyman mechanical specialist.

(2) Journeyman mechanical specialist: Any person who alters mechanical systems and/or performs

backflow prevention services, if certified by the state, under the direction of a city-licensed master mechanical specialist.

(d) Private sewage disposal contractor: Any person, firm, or corporation that lays out, plans and/or alters

private sewage disposal systems.

(e) General contractor: Any person, firm, or corporation that alters any building or structure, or a portion thereof, for which a permit is required. A general contractor also may perform all work described in Sections 14-196(f-h), and Sections 14-197(b-d) and (f-h).

(f) Building contractor: Any person, firm, or corporation that alters the following buildings or structures, for

which a permit is required: commercial buildings, industrial buildings, and single- and multiple-family dwellings not to exceed three stories in height. A building contractor may repair or remodel an existing structure in excess of three stories in height. A building contractor also may perform all work described in Sections 14-196(g-h), and Sections 14-197(b-d) and (f-h), on structures described in this subsection.

(g) Residential contractor: Any person, firm, or corporation that, in exchange for any compensation, alters

the following buildings or structures, for which a permit is required: one-, two- or three-family residential dwellings not exceeding three stories in height, including all structural alterations, and the construction of carports. A residential contractor also may perform all work described in Sections 14-196(h)(1)(2) and (4), and Sections 14-197(b-d) and (g-h), on structures described in this subsection.

(h) Limited contractor: Any person, firm or corporation that performs the following specific tasks:

(1) Concrete contractor: Any person, firm, or corporation that, in exchange for any compensation, constructs, pours, places, and/or finishes driveways, sidewalks and other similar flatwork using concrete or asphaltic materials; or constructs forms and/or framework for the casting and shaping of concrete and/or placing of reinforcing steel.

(2) Drywall and plastering contractor: Any person, firm, or corporation that, in exchange for any

compensation, coats surfaces with a mixture of sand or other aggregate, gypsum, plaster or Portland cement, quick lime and water, or other combinations of materials to create a permanent surface coating; installs wire mesh or necessary elements to hold the coating; and/or installs gypsum drywall products or finishes preparation of drywall systems.

(3) Masonry contractor: Any person, firm, or corporation that constructs or repairs walls, footings,

or other structures by the laying of bricks, blocks, or stone. (4) Roofing contractor: Any person, firm, or corporation that, in exchange for any compensation,

installs, repairs or replaces roof-covering systems, including roof decking insulation, roof coating, the use of sheet metal and/or metal products incidental to roofing work, nonstructural decking, asphalt and fiberglass shingles, tile roofing systems, slate and wood shingles, or any other roofing product. If required to be registered under state law, a roofing contractor shall provide to the city their state roofing registration number before receiving a roofing contractor’s license.

SECTION TWO: AMENDMENT TO MUNICIPAL CODE SECTION 14-197. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-197 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-197. - Limited contractors subject to licensure (no examination).

Prior to performing any work described below within this city, the following limited contractors shall be licensed by the city after (1) providing a bond required by this article; (2) providing public liability and property damage insurance certificates required by this article; and (3) paying the applicable fee set by the board of city commissioners:

(a) Backflow prevention contractor: Any person, firm, or corporation that alters or winterizes any lawn

sprinkler system, atmospheric vacuum breaker, pressure vacuum breaker assembly, or reduced pressure principle backflow prevention assembly; or connects a lawn sprinkler system to a service line on residential property, but does not include any connection to a service line from commercial property. If required to have a certificate to perform this work under state law, a backflow prevention contractor shall provide to the city their current state backflow certificate number before receiving a backflow prevention contractor’s license. A licensed master plumber, journeyman plumber, master mechanical specialist or journeyman mechanical specialist is not required to have a separate city backflow prevention contractor’s license, as long as he or she has a state certification to perform backflow prevention work.

(b) Carpenter/handyman contractor: Any person, firm, or corporation that, in exchange for any

compensation, performs minor repairs and maintenance to one- and two-family dwellings that does not require a permit or otherwise require a specific contractor’s license; replaces less than 100 square feet of roofing materials; installs countertops or cabinets; and/or constructs detached accessory buildings (excluding carports) of less than 100 square feet.

(c) Demolition contractor: Any person, firm, or corporation that, in exchange for any compensation,

demolishes, razes or otherwise removes structures, including the removal of all debris, leveling of property and/or plugging of sewer lines to such structures.

(d) Fence contractor: Any person, firm, or corporation that, in exchange for any compensation, constructs,

builds or installs any type of fencing, including chain link or privacy, and performs incidental work to install a fence.

(e) Fire suppression installation contractor: Any person, firm, or corporation that installs, services, repairs,

inspects, and/or maintains fire protection equipment, fire sprinkler systems, special hazard fire suppression systems, and/or kitchen fire suppression systems, fire alarm systems or portable fire extinguishers.

(f) Residential swimming pool contractor: Any person, firm, or corporation that installs, repairs and/or

replaces residential swimming pools, including pumps, pool heaters, solar pool heaters, filters and chlorinators, piping incidental to the recirculation system, and concrete slab work attached to the swimming pool.

(g) Tree removal contractor: Any person, firm, or corporation that, in exchange for any compensation,

removes branches from a tree and/or removes or cuts down an entire tree. (h) Window and siding contractor: Any person, firm, or corporation that, in exchange for any

compensation, fabricates, installs, maintains, repairs, alters, or extends siding, soffits, gutters, awnings, storm doors and/or windows.

SECTION THREE: AMENDMENT TO MUNICIPAL CODE SECTION 14-198. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-198 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-198. - Unlawful acts. It is unlawful for any person, firm or corporation to:

(a) Enter into any agreement to subterfuge the licensing, bonding or insurance requirements as set forth in

this code; (b) Act as a contractor defined within this article without being licensed by the city; or (c) Perform any work within this city without obtaining any required permit for such work. SECTION FOUR: AMENDMENT TO MUNICIPAL CODE SECTION 14-199. The Governing Body of the City of Arkansas City, Kansas hereby amends Section 14-199 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-199. - Work performed by property owner(s).

Despite any provision of this article requiring a licensed contractor, a property owner may alter electrical wiring, plumbing and/or mechanical systems, on the owner’s own single-family primary residence or its accessory buildings, if (a) The property owner personally alters the electrical wiring, plumbing and/or mechanical systems; (b) The property owner receives no compensation; (c) The property owner demonstrates to the code enforcement officer that the owner has the skills and

knowledge necessary to perform such alterations in accordance with applicable codes; (d) Any person, firm or corporation assisting the owner is licensed by the city; and (e) All alterations comply with all applicable provisions of Municipal Code, technical codes and other

applicable law, including permit/inspection requirements and installation/maintenance standards. SECTION FIVE: AMENDMENT TO MUNICIPAL CODE SECTION 14-200. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-200 of the Arkansas City Municipal Code to read as follows (new provisions in italics):

Sec. 14-200. - Building trades advisory board.

(a) Authority. The board of building appeals, also referred to as the building trades advisory board, shall

hear and decide appeals of orders, decisions or determinations made by the code enforcement officer relative to the application and interpretation of the city-adopted building codes and regulations, and the city’s contractor license laws.

(b) Membership. The board shall consist of nine voting members:

(1) Two electricians (either two master electricians or one master electrician and one journeyman electrician);

(2) Two plumbers (either two master plumbers or one master plumber and one journeyman

plumber);

(3) Two mechanical specialists (either two master mechanical specialists or one master mechanical specialist and one journeyman mechanical specialist); and

(4) Three at-large members, consisting of general, building, residential or limited contractors

and/or citizens or laymen familiar with the requirements of this code. (c) Conflict of interest. No two electricians, plumbers, mechanical specialists, or at-large members of the

board may be employed by the same person, firm or corporation, or otherwise have any kind of professional partnership or financial interest with each other.

(d) Ex officio membership. The building official and the fire chief or fire marshal of the city, or their

designees, shall serve as ex officio members of the board without voting privileges. The code enforcement officer, or his or her designee, shall serve as secretary to the board.

(e) Appointment and terms. Appointments of electricians, plumbers and mechanical specialists shall be for

a period of two years. Appointments of at-large members shall be for a period of three years. Terms shall be staggered in such a way that the term of no more than one electrician, plumber, mechanical specialist or at-large member shall expire in any given year.

(f) Rules of procedure. The board shall adopt rules of procedure for conducting its business, and shall

render all decisions and findings in writing to the appellant, with duplicate copies provided to the code enforcement officer and city manager.

(g) Meetings. The board shall hold meetings at regularly scheduled intervals, but shall meet a minimum of

four times a year. (h) Limitations of authority. The board shall have no authority relative to interpretation of the

administrative provisions of the code adopted by the city, nor shall the board be empowered to waive requirements of this code.

SECTION SIX: NEW MUNICIPAL CODE SECTION 14-201. The Governing Body of the City of Arkansas City, Kansas, hereby creates Section 14-201 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-201. - Appeals. (a) Appeals of any decision of a city code enforcement officer may be made to the board of city

commissioners, board of building appeals, board of zoning appeals, historic preservation board or other appropriate city board in writing, within 10 days after the appellant has been notified of the city code enforcement officer’s decision.

(b) Appeals of a final decision of the board of building appeals may be made to the Cowley County District

Court within 30 days of issuance of the board’s decision. (c) In such instances when time is of the essence and a meeting of the relevant board cannot be convened

in a timely manner, appeals of any decision of any city code enforcement officer may be made to the city in the form of a request for a Quick Problem Resolution (QPR) meeting. Such meeting will be scheduled within 48 hours of the request and moderated by the city manager, or his or her designee. A written response explaining the QPR moderator’s decision will be provided within 24 hours of the conclusion of the QPR meeting. Appeals of the QPR moderator’s decision then may be made to the

board of city commissioners, board of building appeals, board of zoning appeals, historic preservation board or other appropriate city board in writing, within 10 days after the appellant has been notified of the QPR moderator’s decision.

(d) For the purposes of this section, a final decision does not include any decision that is preliminary,

preparatory, procedural or intermediate with regard to subsequent action. SECTION SEVEN: AMENDMENT TO MUNICIPAL CODE SECTION 62-71. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 62-71 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 62-71. - Installation, maintenance Maintenance and repair. (a) It shall be the responsibility of building and premises owners to maintain all backflow preventers and vacuum breakers within the building or on the premises in good working order, and to make sure no piping or other arrangements have been installed for the purpose of bypassing the backflow devices. Installation, testing Testing and repair of these devices should be made only by a state-certified and city-licensed backflow prevention contractor, master plumber, journeyman plumber, master mechanical specialist, or journeyman mechanical specialist after obtaining a permit and inspection from the city by qualified technicians. (Qualified technicians are those technicians who have completed a state department of health and environment approved training course and have passed a written examination such as the American Backflow Prevention Association Device Testers Examination.) The director of public works shall certify the device testers after ascertaining the technician meets the above qualifications. The code enforcement officer director of public works will also ensure the proper installation of all backflow preventers and will set appropriate testing and overhaul schedules for such devices. Testing intervals shall not exceed one year. (b) Certified tester/repair technicians. All certified tester/repair technicians shall be recertified at no less

than three-year intervals. Persons certified as tester/repair technicians at the time of the adoption of the ordinance from which this article is derived shall continue to be certified for a period of not more than three years as determined by the director of public works.

SECTION EIGHT: 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 NINE: 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 sixth day of February, 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. 2018-02-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on February 6, 2018, as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk



Department/Division Public Works / Public Services

Staff Contacts Eric Broce

Title: A Resolution authorizing the City of Arkansas City to enter into Agreement No. 172-17 with the Kansas Department of Transportation (KDOT) to let and administer a construction contract for the Crestwood Drive Bridge Replacement Project, for an amount not to exceed $60,000.00. Description: The City of Arkansas City applied in 2016 for grant funding through the KDOT Off-System Bridge Program for a project to replace the bridge structure on Crestwood Drive, located north of East Madison Avenue. On September 15, 2016, KDOT announced that the City had been selected for an award, with KDOT funding 80% of the total actual costs of construction and the City funding the remaining 20%. This contract is scheduled to be let for bids in June 2018. Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration. Fiscal Impact: Amount: $60,000.00 Fund: 21 (Special Streets) Department: 542 (Streets) Expense Code: 8002 (Transfer to CIP)


City Manager

RESOLUTION NO. 2018-02-

A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO ENTER INTO AGREEMENT NO. 172-17 WITH THE KANSAS DEPARTMENT OF TRANSPORTATION (KDOT) TO LET AND ADMINISTER A CONSTRUCTION CONTRACT FOR THE CRESTWOOD DRIVE BRIDGE REPLACEMENT PROJECT, FOR AN AMOUNT NOT TO EXCEED $60,000.00. WHEREAS, the City has requested and KDOT has authorized a city street project; and WHEREAS, KDOT and the City are empowered by the laws of Kansas to enter into agreements for the construction and maintenance of city streets utilizing federal funds; and WHEREAS, KDOT and the City desire to construct the project. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: After due investigation and consideration, it is determined that the nature and extent of the public use and interest to be sub served as such as to authorize the City to enter into Agreement No. 172-17 with the Kansas Department of Transportation (KDOT) to let and administer a construction contract for the Crestwood Drive Bridge Replacement Project, for an amount not to exceed $60,000.00. 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 February 6, 2018. (Seal)

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

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2018-02-_____ of the City of Arkansas City, Kansas adopted by the governing body on February 6, 2018, as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

Item for City Commission Action Section IX Item 1




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

October 13, 2017 — Traffic Safety Committee

November 16, 2017 — Building Trades Advisory Board

November 30, 2017 — Beautification and Tree Advisory Board

December 11, 2017 — Historic Preservation Board

December 14, 2017 — Convention and Visitors Bureau Board of Directors

December 14, 2017 — Equal Opportunity and Accessibility Advisory Board

December 18, 2017 — Northwest Community Center Advisory Board

December 21, 2017 — Arkansas City Recreation Commission Commission Options: 1. No action needed. Fiscal Impact:

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


City Manager

Arkansas City Traffic Safety Committee

10/13/2017 Minutes

A regular meeting was held Friday, Oct. 13, 2017, in the City Manager’s Office at City Hall. Meeting was called to order at 10:02 a.m.

Roll Call: CITY STAFF MEMBERS COMMUNITY REPRESENTATIVES

City Manager Nick Hernandez City Commission Karen Welch

City Engineer Eric Broce Chamber of Commerce Shawn Randall

Fire-EMS Department Bobby Wolfe Cowley College Matt Stone

Police Department Dan Ward Planning Commission Andrew Paton

Principal Planner Josh White School Board / Chamber Jon Oak

Public Works Dept. Mike Crandall USD 470 Public Schools Cheryl Carter

1. Approve July 28 Meeting Minutes:

Dan moved to approve the minutes of the July 28 regular meeting. Karen seconded the motion, which was approved 10-0.

2. Review Actions in 100 & 200 Blocks of East Osage Avenue:

Mike and Andrew said Recommendations 1, 2, and 4 have been accomplished. Nick said there has been a little improvement.

Cheryl, who is the principal at Jefferson, said it has created a new problem for parents who park and can’t get out afterward.

She said education and compliance are ongoing to prevent double parking. Mike said there isn’t much room for lane stripes.

Nick said it comes down to training and assertive personality for crossing guards. Cheryl said some parents don’t move.

She said a citation was issued for a driver who passed a parked bus with its stop arm out, then turned around in the crosswalk.

Cheryl said any changes in the parking lot are unlikely to occur until after the school year, but the fire lane is marked now.

The buses have been moved as far to the east as they can do, which now allows for drivers to turn off onto North A Street.

The Committee agreed to proceed with education and enforcement of the recommendations that already have been adopted.

Further recommendations will not be implemented unless the situation worsens. The one-way option is off the list entirely.

OFFICIAL RECOMMENDATIONS (completed actions in black):

1. Immediately install “no parking” signs along sidewalk south of Osage Avenue from parking lot entrance to

fire hydrant across from A Street. Designate southernmost lane as bus lane and drop-off zone only.

2. Immediately install fire lane warning signs along fire lane west of Jefferson to make fire lane enforceable.

3. Create visual division between lanes on Osage Avenue to improve traffic flow:

a. Begin with enforceable double yellow stripe between middle (eastbound) and north (westbound) lanes.

b. Progress to candlestick dividers if double yellow stripe proves ineffective at preventing crossing.

c. Progress to permanent median (requiring 4-foot cutout south of Osage and relocation of existing

sidewalk to the south, closer to the elementary school) if candlestick dividers prove ineffective.

4. POLICE: Immediately begin traffic enforcement effort on East Osage Avenue, between Summit and C

streets. Continue traffic enforcement through the first few weeks of the 2017-18 school year, at a minimum.

5. Restripe to angled parking on perimeter of west/south parking lot to improve traffic flow and circulation.

3. Replace Stop Sign at Kansas and Summit:

Mike said the northbound right turn lane onto East Kansas Avenue has a lot of truck traffic. The trucks are cutting the corner

too closely and one even took out the stop sign there. Mike suggested painting a buffer zone on the east side of the turn lane.

Nick said this could force traffic further to the left, but Andy and Eric were skeptical that this would actually change anything.

Eric mentioned having a concrete or steel bollard at the corner to protect the sign, but said this would be a potential hazard.

He then suggested moving the stop sign slightly to the south so it is less likely to be taken out by trucks cutting the corner.

OFFICIAL RECOMMENDATIONS: Move stop sign slightly to the south. Take no further actions at this time.

4. Uncontrolled Intersections / Traffic Collisions:

FINDINGS:

• High incidence of collisions • Many uncontrolled intersections • Fatality accident at Maple and Third

Dan presented the “heat map” of recent traffic collisions at various intersections throughout Ark City. Many are uncontrolled.

Five uncontrolled intersections in north Arkansas City and six uncontrolled intersections in south Ark City were identified as

problem areas. After discussion, the Committee recommended restoring traffic control to the five northern intersections.

These intersections will serve as a test case for whether stop signs reduce the collisions. East-west traffic will have to stop.

Nick also suggested using reflective sign poles and blinking lights or flags to call attention to the new stop sign placements.

Tree trimming and removal will be performed as needed to improve visibility at the most troublesome intersections, as well.

Andy discussed the common misunderstanding in Arkansas City that north-south traffic doesn’t always have right of way.

Another discussion point was lowering speed limits. Andy and Nick mentioned how other cities have a residential speed limit

of 20 or 25 mph, unless otherwise posted, and this is advertised at the city limits. Nick said this will require much education.

Mike made a motion to restore the five stop signs as discussed. Karen seconded the motion. The motion was approved 10-0.

OFFICIAL RECOMMENDATIONS: Restore stop signs for east-west traffic at the following uncontrolled

intersections — Birch Avenue and C Street, Cedar Avenue and Fifth Street, Fourth Street and Poplar Avenue, Poplar

Avenue and Third Street, and Seventh Street and Vine Avenue. CITY COMMISSION RESOLUTION REQUIRED!

5. Missing Street Signs / Replacement or Repair:

Dan presented a five-page list of intersections in need of repair to existing or replacement of missing street signs. The list was

compiled by his officers during routine patrol duties. Eric said some intersections have signs that may have been overlooked.

He explained that signs are replaced as the budget allows, with an emphasis on more heavily trafficked areas such as Summit.

The Public Works Department’s standard practice is to place new signs at the northwest corner of each intersection, Eric said.

Dan said this is an important issue to help new officers and fire-EMS personnel to find addresses. Another point of emphasis

that was discussed is trying to recruit volunteer groups to help to paint house address numbers on curbs in reflective paint.

The limitations on catching up are money (only $10,000 budgeted annually) and staff time (crews are stretched thin often).

The possibility of bringing in an outside contractor for this work was discussed. Eric said the City can’t keep up with thefts.

Mike said Randy Jacobs will begin working on the list Dan provided. Eric said they will try to replace them by quadrants.

6. Traffic Count Map for 2016:

Andrew said he recently received this traffic count map from the Arkansas City Area Chamber of Commerce. He included it

in the packet just for the Committee members’ reference. Nick observed Kansas and Summit sees 16,830 vehicles each day.

He and Eric said the local counts probably will only increase thanks to planned expansions at Creekstone Farms and KanPak.

7. Safe Routes to Schools:

Eric said he really wants to start focusing on obtaining Safe Routes to Schools grant funding for pedestrian safety. Eighth

Street is a particular concern, especially the stretch between Radio Lane and Skyline Road used by MeadowWalk residents.

Dan said a vehicle actually was clocked traveling southbound at 106 mph in that stretch of roadway on Eighth Street.

Nick said these grants require a tremendous amount of local buy-in and six to eight months of planning lead time. He and

Eric agreed that the planning stage needs to begin soon, in conjunction with the Arkansas City Public School District.

Phase 1 is the creation of a Safe Routes to Schools plan, while Phase 2 is the actual implementation of the plan. Eric

mentioned that lighting is a nonparticipating cost, but Andrew said some funding might be available through RISE Cowley.

8. B Street and Madison Avenue:

Karen asked if this traffic light could be removed now that Lincoln Elementary School is closed. Nick said it would be costly.

Cheryl said the school district has no long-term plans for the property and is cleaning out the structure. Dan said there have

been no recent accidents at that intersection. Nick said he doesn’t want to reduce the control and create accidents as a result.

9. Other Miscellaneous Items:

Matt Stone mentioned the college’s plan to purchase new wayfinding signage for its campus. He showed a new design for

new street signs on campus that are orange, but Nick said they are not compliant with state law, which requires blue or green.

Nick explained that the City is required by the State of Kansas to follow the Manual for Uniform Traffic Control Devices.

Unusual colors are allowed only on private drives, not streets. A college logo possibly can be included on the signs, though.

Nick asked which elementary school should be looked at next for parking and drop-offs. Cheryl suggested Roosevelt next.

Matt mentioned concerns regarding the pedestrian crosswalk on campus at Third Street and Washington Avenue, which

serves the Webb-Brown Academic Center. The idea of installing traffic calming devices such as speed bumps was discussed.

Dan said he could place his traffic count sign, which records speeds, at the intersection to see if there is a big speeding issue.

Nick mentioned it might be time to proceed with vacating some of the streets going through campus to the college’s control.

This also would have the effect of allowing the customized signage mentioned earlier, because they would be private drives.

Eric mentioned that the intersection of Fourth Street and Washington will be closed for at least three weeks after Arkalalah.

He also said 15th

Street will be closed north of Radio Lane for reconstruction from October 30 through at least December 15.

Nick made a motion to adjourn the meeting. Andy seconded the motion to adjourn. The motion was approved 10-0 on a voice vote.

The meeting was adjourned at 11:17 a.m. The next meeting of the Traffic Safety Committee is at 10 a.m. Friday, January 12, 2018.

City of Arkansas City

Building Trades Board

Agenda

Regular meeting held on Thursday, November 16, 2017 at 5:15 PM in the City Commission Chambers at City

Hall.

Meeting was called to order by Carl Bowman, Chairman at 5:16 PM

Brian Mayfield, Brian Lawrence, Carl Bowman, Ken Miller and Dave Billings were present.

Ken Miller made the motion to approve the minutes of the July 20, 2017 and August 17, 2017 meeting and

Dave Billings made the second. Voice vote carried the motion.

1. Backflow Preventers

Andrew approached the board and went over the definition of a Backflow Preventer to be included in the

Municipal Code. Backflow Preventers would be required to show KDHE certifications because they want to

have annual maintenance on the backflow preventers. Ken Miller asked if there would be a grace period to get

the maintenance done if a citizen moves into a property any time during the year. Brian Lawrence expressed

that the timeline should be 60 days from something, such as 60 days from renewal notice, notice from the utility

bill. After discussion, it was agreed that it would state that the time frame would be 60 days from notification.

Brian Lawrence made the motion that the BTB make a recommendation to the City Council as proposed and

Brian Mayfield made the second motion. Voice vote carried the motion.

2. Municipal Code Chapter 14

Andrew approached the board and went through the changes that were proposed in Chapter 14.

Instead of General Contractor pulling permit for all trades, each trade will apply for their own permit.

Article 210 – Branch Circuits

o Added Laundry areas. Mike Bellis stated that we had taken the arc faults and ground faults away

from everything except from the bedrooms.

Contractor Definitions:

o Andrew stated that we split the contractor definitions and which contractor was required to test

and which ones were not required to test.

o Went over the definitions of the Backflow Preventer Contractor

o Tree trimming Contractor: We took the discussions from Winfield and Wellington definitions

into one. Andrew stated that nothing in this code prohibits owner occupants to perform work on

their own property. Dave Billings asked what the fee would be and Terice stated that the fee

would be $150 every 2 years.

Section 199: Discussions on flipping houses would be that permits could be pulled every two years.

The last Section: Andrew went over the Quick Problem Resolution and how appeals comes to the board

and then to District Court.

After discussions, Dave Billings made the motion to adjourn the meeting at 5:54 PM and Ken Miller made the

second. Voice vote carried the motion.

Arkansas City Beautification and Tree Advisory Board

11/30/2017 Minutes

A regular meeting was held Thursday, Nov. 30, 2017, in the Commission Room at City Hall. Meeting was called to order at 12 p.m.

Roll Call: Board Members Staff Members

Bob Foster Nick Hernandez

Peggy Soule Andrew Lawson

Candace Stephens Tony Tapia

Jill Wineinger Brian Williams

1. Approve October Meeting Minutes:

Bob moved to approve the minutes of the Oct. 26, 2017, regular meeting. Jill seconded the motion, which was approved 3-0.

2. Board Member Recruitment:

Andrew said former Board chair Richard Humphrey was leaving that day to move to Florida. Recruitment assignments are:

Robert Courtland (Brian) Robin Henderson (Jill) Sue Lancaster (Brian) Brooke Padgett (Andrew)

Kent Crain (Brian) Paisley Howerton (Jill) Brad Lyman (Brian) Jessica Taylor (Andrew)

Dan Deener (Andrew) Ashlynn Hughes (Andrew) Damon Mendoza (Andrew) Tiffany Vollmer (Peggy)

3. Changing Meeting Times:

After some discussion, the Board decided to table this issue again until January, when the new members can give some input.

4. Christmas Cancellation:

Andrew asked if the December meeting, which falls between Christmas and New Year’s Day, could be canceled outright.

Jill made a motion to cancel the December 28 meeting. Peggy seconded the motion, which was approved 3-0 on a voice vote.

Andrew thanked them, since he will be on vacation that week, and said this gives the Board two months to find new members.

This decision means the November meeting is Bob’s last as a Board member. Everyone thanked him for his years of service.

5. Movies in the Park (2018):

This item was for discussion only. It will be revisited with the new members. No action was taken at this meeting. Ideas are:

Moving the movie nights to another night of the week, possibly coinciding with the Ark City Farm and Art Market.

Showing only eight (8) to 10 movies, instead of 16, with more emphasis on half-sponsorships than full sponsorships.

Start the movies later in the spring (April or May), potentially eliminating off weeks, and ending them by early July.

Soliciting sponsors to provide free food to draw more people in, like the Arkansas City Community Band does.

Setting the movie dates no later than the February meeting to allow for production of promotional items and buckets.

Sponsoring an “adult movie night,” possibly to include alcohol as a potential fundraiser for Friends of Wilson Park.

Andrew said based on the crowd turnout in March for “Moana,” he feels strongly about showing “Coco” sometime in 2018.

6. Nelson Sensation Award / Good Neighbor Awards:

There were no yard nominations this month. Andrew still is trying to get new signs made. Jill suggested some other options.

Andrew said Robert Courtland and Marsha Hephner will receive Good Neighbor Awards at the Dec. 5 commission meeting.


There were no other items discussed.

Jill made a motion to adjourn the meeting. Peggy seconded the motion, which was approved 3-0 on a voice vote. The meeting was

adjourned at 12:31 p.m. The next meeting of the Beautification and Tree Advisory Board is at 3:30 p.m. Thursday, Jan. 25, 2018.

Arkansas City December 11, 2017 City Hall Commission Chambers Historic Preservation Board 5:30 pm 118 W Central Ave

Call to Order:

Roll Call: Kevin Cox [ ] Foss Farrar [x ] Gordon Fry [x ] JW Lozano [ x] Jean Snell [x ]

Staff present at roll call was Principal Planner Josh White and Public Information Officer Andrew Lawson. Also present

was citizen John Sybrant.

Consent Agenda:

Meeting Minutes, September 25, 2017 and November 13, 2017.

Snell made a motion to approve the September 25, 2017 and November 13, 2017 meeting minutes as written. The

motion was seconded by Fry. Voice vote carried the motion.

New Business:

1. Downtown Commercial District Historic Survey update

White introduced Brenda Spencer with Spencer Preservation. He indicated this would be a relatively informal discussion

with Spencer. Spencer updated the board on her progress on the project. This was the second trip to Arkansas City and

she planned to be finished with her first look at the buildings and photography of them. She also had meet with the

SHPO regarding this project and regularly updated them on the progress of the project. She explained the process of

recommendations and what goes into those recommendations. Snell asked if interior of buildings would be surveyed.

Spencer said for Districts, the relationship to other buildings is what was focused on. Sybrant asked for clarification on a

historic district versus individual listing. Ongoing discussion continued. Snell asked about the timeline for the project.

Spencer explained her timeline and indicated that there should be no issues meeting the deadlines for the grant. Lozano

asked if there were any further questions and seeing none, called for adjournment.

Adjournment:

Farrar made a motion to adjourn the meeting which was seconded by Snell. Voice vote carried the motion.

Arkansas City Convention and Tourism Committee 12/14/2017 Minutes

The Arkansas City Convention and Tourism Committee met in regular session on Thursday, December

14, 2017 at 12:00 P.M. at Pam Crain’s house. Those present were, Charles Tweedy, Arty Hicks, Carlla

Pike, Liz Shepard, Dena Ward, Sarah Williams, and Pam Crain- CVB Director. Absent: Shawn Silliman.

Arty Hicks called the meeting to order. Minutes of the November 9, 2017 meeting. Minutes of the previous meeting were reviewed. Charles

Tweedy moved to approve the minutes and seconded by Liz Shepard. A unanimous voice vote declared

the minutes approved.

Treasurer’s Report

Pam Crain passed out the November treasurer’s report. It looks that there will be approximately $5,000

of carryover. Pam has prepaid some advertising and fees for 2018. Arty Hicks moved that we accept the

treasurer’s report as presented. Charlie Tweedy seconded, and a unanimous voice vote declared the

motion approved.

Continuing Business

Website

Some of the information is finally being updated on the CVB portion of the City of Arkansas City website.

In January, Pam will sit down with Andrew Lawson and learn the ins and outs of updating the CVB

portion of the website. This will ensure timely information will be presented and Mr. Lawson will have a

little less on his already full plate.

Budget

In October of each year, reviews/raises/bonuses will be discussed for the following fiscal year.

Toy Train Show

The Train Show has moved the dates of the show to April 7 & 8 of 2018.

Charlie Tweedy made a motion to adjourn, seconded by Carlla Pike. Next regular meeting scheduled for 12:00 pm on 1/18/2018 at Chamber of Commerce

Arkansas City Equal Opportunity and Accessibility Advisory Board

12/14/2017 Minutes

A regular meeting was held Thursday, Dec. 14, 2017, at City Hall, 118 W. Central Ave. The meeting was called to order at 4:01 p.m.

Roll Call: Board Members Staff Members

Bob Baker Mike Bellis

Ethan Bartlett Nick Hernandez

JoAnn Bierle Andrew Lawson

James Fry Marla McFarland

Tammy Lanman-Henderson Tamara Niles

1. Approve November 16 Meeting Minutes:

Bob moved to approve the minutes of the Nov. 16 regular meeting. Ethan seconded the motion, which was approved 4-0.

2. City Commission Meeting (Dec. 19, 2017):

Andrew asked if one or two Board members could be present at the City Commission meeting at 5:30 p.m. Dec. 19, 2017.

He thought it would be good in case the commissioners have any questions about the ordinance or the strategic goals and

actions. Tammy said she would plan to attend the meeting. Andrew said this meeting will suffice for the 2017 annual report.

3. Review and Approve Osage / Windsor Court Letters:

Andrew presented new draft letters to the Osage Apartments and Windsor Court Apartments on the newly branded City

letterhead he has developed. He adjusted the language of the Osage letter and patterned the Windsor Court letter after it.

Mike suggested allowing the Osage to have alternate accommodations because a backup generator is not required by ADA.

Tammy made a motion to approve the letters with the changes discussed and extending the letter deadlines until Jan. 2, 2018.

JoAnn seconded the motion, which was approved 4-0 on a voice vote. James still needs to sign the letters before they’re sent.

JoAnn asked what authority the City has to tell them what to do. They must follow ADA because they accept federal funding.

4. Duty: Serve as Resource on Policy/Procedure for Commission

There was no further discussion on this item. The Board adjourned to the commission room to review and discuss the

Governing Body Handbook. We went over the commission-manager form of government and statutory regulations.

There are sections covering the Kansas Open Meetings Act and Kansas Open Records Act, as well as other state laws.

Andrew talked about the City’s Vision and Mission Statements, as well as its Statement of Organizational Values, and talking

about various goal setting and strategic planning processes. The recent changes to City board procedures also were recapped.

Andrew gave an overview of how this particular Board fits into the larger City governmental organization. Other sections

that the Board scanned over briefly cover City departments and organization charts, budgeting and purchasing, economic

development, logistical matters, media relations, infrastructure planning and financing, and planning, zoning and land use.

5. Duty: Review Federal/State Regulations and Report Findings

There was no further discussion on this item.

6. Duty: Review/Revise ADA Transition Plan / Implementation

There was no further discussion on this item.


Andrew presented the 2018 meeting calendar. There were no major conflicts identified for any of the dates listed.

Bob made a motion to adjourn the meeting and Ethan seconded it. A voice vote was 4-0 and the meeting was adjourned at 5:33 p.m.

NORTHWEST COMMUNITY CENTER ADVISORY BOARD MINUTES FOR

DECEMBER 18TH 2017

BOARD MEMBERS PRESENT: JACKIE BARNETT, GARY HALE, AND TYLER

HENDERSON. FELIPE ESCALANTE AND RUBEN GARCIA WERE EXCUSED.

After reading the minutes, the Board asks that that it be noted since there

wasn’t a meeting in November that the date is changed from November 18th

to present date of December 18th 2017. Gary Hale made a motion to accept

the minutes as written with Jackie Barnett second.

Cindy reported:

1. Center will be open every day except Christmas and New Year’s. Kids

are out Dec. 20th through Jan. 3rd. I will have the center open every day

for the kids. Outreach will be closed on December 28th during the

evening, but will be open 9 a.m. to 5 p.m.

2. Jill Hunter has donated 13 movies to the NWCC which were left over

from Christmas from the soroptimist club.

3. Ruben had requested changing flag. Tony feels it can last a little

longer before changing.

4. After first of year, Cindy will request payment for plaque of past and

present Board Members.

5. Cindy would like to thank all the Board Members that have checked in

on Thursday Outreach program and have helped with activities. The

extra help has been greatly appreciated.

6. Voted on plaque for past and present Board Members. Gary Hale made

a motion to accept the plaque as proposed with Tyler Henderson

second.

The Board asks:

1. Gary Hale and Jackie Barnett ask that the center purchase about 4

WET FLOOR signs. They are concerned of someone slipping when

there are spills on the floor and are still wet.

MEETING ADJOURNED Next meeting January 15th 2018.

Arkansas City Recreation Commission MINUTES OF REGULAR MEETING

December 21, 2017 @ 7:00 a.m. Arkansas City Recreation Center, 225 East 5th Ave – Arkansas City, Kansas 67005

Board Members Present: Mr. Ron Smith Mrs. Kim Hocker

Mrs. Debbie Nittler Mr. Tad Stover

Board Members Absent: Mr. Zach Graber Staff Members Present: Mr. Joe Krisik Mrs. Cheryl Schmidt Guests/Registrants Present: Mark Scram

1) Call to Order: Approve the Agenda for Regular Meeting: Ron Smith called the meeting to order at 7:00 a.m. Motion was made by Deb Nittler to approve the agenda as posted; seconded by Kim Hocker motion passed.

2) Approve the Minutes of the Precious Meeting: Motion was made by Kim Hocker to approve the minutes of the November meeting as submitted, seconded by Deb Nittler, motion passed.

3) Review YTD Budget Expenditures and Consider Approval of Purchase Order from November 9th-December 19th: Motion was made by Kim Hocker and seconded by Tad Stover to approve the purchase orders from November 9th-December 19th.

4) Consider Approval of 2017-2018 GAAP audit waiver resolution: In accordance with the provisions of K.S.A. 75-1120a (a), the governing body merely requests a waiver from the preparation of financial statements and financial reports prepared in conformity with generally accepted accounting principles for the year deeded June 30, 2018. Tad Stover made a motion to accept the above resolution as written, seconded by Deb Nittler, motion passed.

5) Review Fee Policies for New Year: ACRC Board made recommended changes in policy manual section 2, #10 Fees and Charges. In order to maintain and operate high quality public facilities the ACRC may charge reasonable fees to users as established by the Board. A “Fees and Charges Schedule” shall be developed by the Board and reviewed on an annual basis for fairness and appropriateness, The Board reserves the right to adjust fees as necessary by separate written agreement. Where fees apply, groups shall be charged for any time in the facility beyond the contracted amount. Fees shall be made payable to the ACRC after use and collected at the main office as noted on the Facility Request Form. Deb Nittler made a motion to approve the revised facility rental policy as presented, Kim Hocker seconded, motion passed.

6) Review Superintendent Report: Joe’s report to the board included:

We have a full schedule of winter programs currently underway; with the schedule including the following: Wrestling, Martial Arts, Soccer Registrations, Holiday Fitness Special, Adult Volleyball, Jr. Bulldog Basketball, Youth Volleyball, Boys Basketball, Silver Sneakers, Gymnastics, Daddy Daughter Dance, AC Zumba Fitness, Fit For Life Exercise, One Step At A Time, Kids Cafe and Adult Basketball.

The Aquatic Center continues to operate smoothly with a variety of programs on the schedule including: Aqua Fun, Water Aerobics, swimming lessons, lap swimming, recreation swimming, birthday parties ,etc.

We had a great turnout for Santa Saturday. We ended with 100 participants and everyone enjoyed a day of arts/crafts, games and activities, mini-mall for shopping/gift wrapping, as well as a visit from Santa. The event was well organized and planned.

The wrestling club had a decent turnout for their annual tournament at ACHS on December 9th & 10th. A little over 400 attended Saturday and 200 youth participated on Sunday. This is a good fundraiser for the Takedown Club and the volunteers all pitched in to make it a quality event. The profit from the tournament will go toward subsidizing tournament fees and purchasing equipment.

We’ve replaced a door closer at the complex along with an exterior light electric eye (dusk to dawn) that was not working. Also replace camera that’s been down for more than a year.

Have had a few ballasts replaced in lights and have replaced hand dryer in women’s restroom with a paper towel dispenser. Also replaced exterior security light that’s been acting up on south side of south gym. The sauna went out for a few days and had to replace a heating element.

The Kidz Café has been opened at the Rec for a year now and we’re also running a site on Thursday evenings at the Northwest Community Center. This is a program we should all be proud of, feeding children all the way to the age of 18.

We are currently in the middle of our audit, Kent Bassford will be addressing the board at our January meeting.

Staff evaluations were performed this week. This is an annual process. Not a fun thing to do but a necessity.

I believe everyone had a good time at the Christmas Party Monday night. Missed a few of you. Ron Smith won the “Best Bowler Award”.

Quote for the month: “Merry Christmas and Happy New Year!”

7) Executive Session- Personnel: Deb Nittler made a motion to go into executive session for no more than 10 minutes, Tad Stover seconded, then came out. Deb Nittler made a motion to go back into Executive Session for no more than 15 minutes, Tad Stover seconded. After they came out of executive session Deb Nittler made a motion to increase the Director yearly wage to $59,000. Tad seconded and motion carried.

8) Review Policy Book (At Section 4): ACRC Board made recommended changes in policy manual section 4-completing it.

9) Adjournment: Deb Nittler made a motion to adjourn at 8:05 am, Tad Stover seconded, motion passed.

Signed: Date: Signed: Date:

.

Item for City Commission Action Section IX Item 2



Staff Contact Nick Hernandez

Title: Citizen request to allow for grandfathering/exemption to the Neighborhood Revitalization Plan (NRP) to allow for properties under construction, but not included in the previous plan, to be allowed inclusion into the recently modified NRP. Description: John and Holli Pool first approached the city in September 2016 about remodeling and construction on the property located at 1826 N. Summit St. At that time, they proposed to have a beauty salon and real estate office. The Pools contracted with Gordon and Associates to develop the architectural plans. In March 2017, I was informed that the Pools would contact me regarding the construction project. I received an email with their concerns and a request for the Commissioners’ contact information. Later that month, I took over oversight of the project and the project continued with relatively little difficulty from that point forward. Simultaneously — but unrelated to the Pools’ construction project — the City was completing its annual review of the Neighborhood Revitalization Plan (“NRP”) to determine whether revision was necessary. There was concern from residential developers of large multiunit projects that the existing $200,000 cap for residential properties was stifling potential development. I instructed Principal Planner Josh White to prepare a proposed revision to authorize a tax rebate of the first $150,000 of additional value per housing unit, rather than per development. This would encourage multiunit housing developers to construct high-end multiunit housing units, by providing them with a tax incentive for each housing unit. The proposed revision — ultimately approved by the City Commission on May 2, 2017 — also expanded the NRP area to include the North Summit location of the Pools’ ongoing construction project (along with other areas of the City). The plan revisions ultimately were approved by all taxing entities and became effective in June 2017. The NRP always has required that applications for a tax rebate must be submitted “Prior to the commencement of construction”. The Pools’ construction project could not meet this requirement, because they began construction before their property was included within an NRP-eligible area. Later that year, in November 2017, I received an email from Lacey Pool regarding the NRP and the property owned by John and Holli Pool. In the email, she states, “We have previously spoken about the application and at that time I was informed that our property was not included in the eligible area. Now we have completed our renovation of the building and ... the application and approval is supposed to be

completed at the time of obtaining our permit. As you know, we had several issues with communication and obtaining our permit for several months before we were able to start the renovation. At the time we all felt that is was more important to get our permit and get started with the renovation than it was to take on another fight with the City about included this property in the program. “We are highly disappointed and feel that the City of Ark City has been against us since we began this project and would have rather had the building kept in the current condition for another 20 years. Allowing us the tax rebate on this facility would show a good faith effort that all of the money, time, taxes and funds that have been put into this project were appreciated by our city officials.” I responded to her email, stating that until the approval of all the parties in June 2017, I had no authorization or legal authority to accept any application for property not included in the plan. I then emailed City Attorney Tamara Niles for verification, and in her response, she states, “The only way we could make this work for them is to amend the plan by allowing late applications, and this amendment would have to be formally approved by the governing elected bodies of the City, College, County, and School District. While the City Commission would probably approve it because they want to do everything they can to help Homestead Realty, I don’t anticipate the College, County or School District would approve it. This is because the purpose of an NRP is to encourage people to improve properties by providing a financial incentive to do so; in the case of Homestead Realty, they decided to improve the property without the additional financial incentive of the tax rebate. “But, I’m sure it is irritating for them that the plan was amended to include their building site after they began construction. I can completely empathize. At this point, if they want to pursue the amendment, they will need to contact the elected officials for the City, College, County, and School District to secure a majority in favor of such an amendment. Once they have that support, Josh and I can quickly get the amendment drafted up for presentation to the governing bodies.” At that point, Public Information Officer Andrew Lawson gathered the contact information of all of the other entities and provided them to Lacey Pool, and I understand Ms. Pool then contacted them. On Nov. 30, 2017, Ms. Pool emailed me, stating, “I have been contacting members of the City Commission and have been able to gather support for the back dating of the application. I have not yet been able to speak with all of the members. Can I get on the agenda at the next Commission meeting to discuss the backdated application. In speaking with the County Commission they will be more comfortable with supporting or denying the request if they first know that I have the approval of our City Commissioners. I have a feeling that all of the entities will want to know what the other entities stance are so I am going to approach one entity at a time. “Please let me know how best to proceed and get a formal vote from the City Commission.” At this point in time, the Commission elections already had taken place, and I wanted to educate the Commission on the NRP’s purpose and develop language for an exemption, in the event the new Commission chose to move forward with its authorization. This brings us to today.

Purpose and Factual Findings of NRP: This plan is required by state statute (K.S.A. 12-17,114 et seq.) in order to create an incremental tax rebate program intended to encourage reinvestment and improvement of areas of decline, or areas of architectural or historical significance within the community, pursuant to the Kansas Neighborhood Revitalization Act. The components of the plan include establishing the Neighborhood Revitalization Plan area boundaries, proposals for improving municipal services, and establishing local eligibility criteria and application procedures for the tax rebate program. A tax rebate incentive based on the incremental increase of qualified improvements will be available to property owners in the designated Neighborhood Revitalization Plan district. The Neighborhood Revitalization Plan serves as the City’s strategy to stimulate and promote the revitalization of areas in the City of Arkansas City, Kansas, through the rehabilitation, conservation, or redevelopment of the area in order to protect the public health, safety or welfare of the residents of the Neighborhood Revitalization Plan areas and the municipality as a whole. Purposes for implementing a Neighborhood Revitalization Plan include: • Stabilize declining neighborhoods by rehabilitation of older homes. • Provide incentives for affordable housing to persons with limited resources. • Encourage property owners to improve homes. • Encourage additions to existing housing. • Encourage infill housing. • Encourage improvement of rental housing. • Eventually increase tax base and make affordable housing more available. How we define what should be in the plan is defined in Kansas statute. Essentially, even though the word isn’t spelled out, “blighted” areas are what we should focus on. According to statute, a Neighborhood Revitalization Plan area means:

(1) An area in which there is a predominance of buildings or improvements which by reason of dilapidation, deterioration, obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, the existence of conditions which endanger life or property by fire and other causes or a combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime and which is detrimental to the public health, safety or welfare;

(2) an area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, defective or inadequate streets, incompatible land use relationships, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the actual value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or a combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is detrimental to the public health, safety or welfare in its present condition and use; or

(3) an area in which there is a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use.

According to Principal Planner White, “The main goal of the NRP is to reduce blight, and to use an overused term here, ‘revitalize’ an area. It is also to help raise additional tax revenue to help accomplish capital improvement projects in the long run that will further revitalize an area. Technically, only that commercial property in an area that needs to be revitalized should be eligible. Due to our size, and to simplify things, we allow the plan to cover the whole city and certain districts that we chose to focus on receive a slightly better rebate (for residential, anyways). The Historic District meets (3) above in the definitions.” Proposed New Language: If the commission desires to authorize the Pools to receive the NRP rebate, a revision to Page 4 of the current NRP would accomplish this, as follows (new language in red italics below): Criteria for Determination of Eligibility

All property located within the neighborhood revitalization districts shall be eligible for the program.

Construction of improvements must begin on or after the application date. No applications will be accepted for completed or under construction improvements, unless this Plan is amended to include the applicant’s location after construction begins, but before construction is substantially complete. In that case, the application shall be filed within 10 days of approval of this Plan amendment or any Plan amendment expanding the NRP area.

This would authorize all construction projects within the expanded area to apply for the tax rebate within 10 days of the amendment’s effective date. If the Commission approves the revision by adoption of a Resolution, then the amendment only would become effective upon approval by Cowley College, USD 470 and Cowley County. Staff Recommendation: This property does not meet the intent or goals of tax rebates, but ultimately, the decision on whether to proceed is up to the Commission. This exemption also would allow other properties that were affected by the new NRP to potentially be eligible for the tax rebate. Commission Options: 1. Reject the proposed language allowing for an exemption. 2. Approve the exemption and forward it to other taxing entities for consideration. 3. Table the item for further discussion. Staff recommends Option 1. Fiscal Impact:

Amount: 75% of the increased valuation for seven (7) years, if also approved by all other taxing entities. Approved for Agenda by:

City Manager

Fund

1/1/2017

Beginning Cash

Balance Receipts Disbursements

12/31/2017

Ending Cash

Balance Budget Encumbrances

Budget Variance

Favorable

(Unfavorable)

%

Remaining

(0%)

01 - GENERAL FUND 643,063$ 9,139,805$ 8,847,126$ 935,742$ 9,505,246$ 22,847$ 635,273$ 7%

15 - STORMWATER FUND 423,303$ 246,358$ 287,089$ 382,572$ 326,294$ -$ 39,205$ 12%

16 - WATER FUND 2,137,111$ 18,388,406$ 17,115,297$ 3,410,220$ 20,616,661$ 147,156$ 3,354,208$ 16%

18 - SEWER FUND 3,097,071$ 2,058,065$ 1,614,546$ 3,540,591$ 2,275,855$ 7,086$ 654,222$ 29%

19 - SANITATION FUND 927,663$ 1,551,417$ 1,682,539$ 796,541$ 1,783,990$ 659$ 100,792$ 6%

20 - SPECIAL RECREATION FUND 28,478$ 12,885$ 12,292$ 29,071$ 14,130$ -$ 1,838$ 13%

21 - SPECIAL STREET FUND 783,225$ 1,287,358$ 1,727,949$ 342,634$ 1,835,219$ 46,813$ 60,457$ 3%

23 - TOURISM/CONVENTION FUND 43,864$ 101,614$ 121,016$ 24,462$ 143,500$ -$ 22,484$ 16%

26 - SPECIAL ALCOHOL FUND 61,172$ 20,375$ 7,304$ 74,243$ 20,000$ -$ 12,696$ 63%

27 - PUBLIC LIBRARY FUND -$ 353,597$ 353,597$ -$ 365,000$ -$ 11,403$ 3%

29 -SPECIAL LAW ENF TRUST FUND 9,208$ 3,148$ 673$ 11,682$

42 - HOSPITAL IMPROVEMENT FUND 459,939$ 2,402,065$ 1,824,843$ 1,037,162$ 2,734,685$ -$ 909,843$ 33%

43 - BOND & INTEREST FUND 94,807$ 1,180,639$ 1,110,973$ 164,474$ 1,731,100$ -$ 620,128$ 36%

51 - DRUG TASK FORCE FUND 22,093$ 15,899$ 4,692$ 33,300$

53 - MUNICIPAL COURT FUND 9,893$ 5,774$ -$ 15,667$

54 - EQUIPMENT RESERVE FUND 225,648$ -$ 24,702$ 200,946$

57 - CID SALES TAX FUND -$ 40,885$ 38,163$ 2,722$ 40,000$ -$ 1,837$ 5%

58 - STREET IMPROVEMENT FUND 322,006$ 1,306$ 323,312$ -$ 657,861$ -$ 334,549$ 51%

68 - CAPITAL IMPROVEMENT FUND 462,306$ 14,729,022$ 14,692,656$ 498,673$

TOTALS 9,750,851$ 51,538,619$ 49,788,768$ 11,500,702$ 42,049,541$

INDEBTEDNESS:

GO SERIES 2008A BONDS 310,000$

GO SERIES 2009A BONDS 465,000$

GO SERIES 2013A BONDS 3,745,000$

KDHE WATER LOAN 624,752$

2013 PUMPER FIRE TRUCK LEASE 338,679$

TOTAL 5,483,431$

Note: Information is Unaudited

CITY OF ARKANSAS CITY, KANSAS

FINANCIAL SUMMARY

Year-To-Date Ending December 31, 2017

Cash Summary Budget Summary

Not a budgeted fund

Not a budgeted fund

Not a budgeted fund

Not a budgeted fund

Not a budgeted fund

city of arkansas city board of city commissioners · andrew lawson title: consent agenda item:...

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