city of arkansas city board of city commissioners · rhiley, charlie wilson and cowley...

City of Arkansas City Board of City Commissioners

Agenda

Regular Meeting Tuesday, November 19, 2019 @ 5:30 PM

Commission Room, City Hall — 118 W. Central Ave. — Arkansas City, KS

I. Routine Business

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

II. Awards and Proclamations

III. Recognition of Visitors

IV. Comments from the Audience for Items Not on the Agenda

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

V. Consent Agenda (Voice Vote)

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

1. Approve the November 5, 2019, regular meeting minutes as written. 2. Approve a Resolution rescheduling a public meeting of the Governing Body from noon Friday,

November 29, 2019, to noon Friday, November 22, 2019, in the City Manager’s Office at City Hall, 118 W. Central Ave., Arkansas City.

VI. Old Business VII. New Business

1. Consider a Resolution authorizing the City of Arkansas City to enter into an Agreement with

Professional Engineering Consultants (PEC), of Wichita, for the North Pressure Zone High Service Pump Station Project, for an amount not to exceed $62,500.00. (Voice Vote)

2. Consider first reading of an Ordinance authorizing the re-zoning of 505 S. 6th Street from P (Public Use District) to R-2 (Medium-Density Residential District). (Roll Call Vote)

3. Consider a Resolution authorizing the City of Arkansas City to purchase a half-ton Dodge Ram pickup truck from Zeller Motor Company, of Arkansas City, for an amount not to exceed $18,929.00. (Voice Vote)

VIII. City Manager Updates 1. City Commission study session 2. Mayoral Lighting of the Christmas Tree 3. City Hall closed for Thanksgiving 4. Small Business Saturday 5. Cancel or reschedule Dec. 13 study session? 6. Wilson Park Master Plan Phase 1

IX. Other Business

1. Reports: a. October Financial Summary

X. Adjournment

Item for City Commission Action Section V Item 1

Meeting Date 11/19/2019

Department/Division City Manager

Staff Contact Andrew Lawson

Title: Consent Agenda Item: Approve the November 5, 2019, 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. Approved for Agenda by:

City Manager

City Commission of Arkansas City – Regular Meeting Minutes

November 5, 2019 Page 1

The Arkansas City Board of City Commissioners met in regular session at 5:30 p.m. Tuesday, November 5, 2019, in the Commission Room at City Hall, located at 118 W. Central Ave. in Ark City. Vice Mayor Karen Welch called the meeting to order. Commissioners also present at roll call were Commissioner Kanyon Gingher, Commissioner Duane L. Oestmann and Commissioner Jim Sybrant. Mayor Jay Warren was absent because he was out of town on vacation. City employees present were City Manager Nick Hernandez, City Attorney Larry Schwartz, City Clerk Lesley Shook, Public Information Officer Andrew Lawson, Management Assistant Mike Crandall, Finance Director Kathy Cornwell, Fire Chief Bobby Wolfe, Environmental Services Superintendent Rod Philo, Public Services Superintendent Tony Tapia and Human Resources Manager Marla McFarland. Personnel of the Arkansas City Police Department in attendance were Police Chief Dan Ward, Capt. Eric Burr, Master Police Officer Kelsey Horinek, Police Officer Lisa Delgado, Police Officer Alicia Pack, Police Officer Madison Pickett and Administrative Assistant Jeni McGee. Citizens in attendance included Christopher Gingher, Jennifer Pearman, Travis Pearman, Bill Rhiley, Charlie Wilson and Cowley CourierTraveler reporter John Shelman. Commissioner Oestmann offered the opening prayer. Vice Mayor Welch led the pledge of allegiance. Agenda Approval At City Manager Hernandez’s request, Commissioner Oestmann made a motion to amend the agenda by adding the swearing in of two police officers as Item 1 under Recognition of Visitors, as well as tabling both Item 3 and Item 7 under New Business until a future City Commission meeting. Also, a resolution to cancel the November 15 study session was deleted from the Consent Agenda. Vice Mayor Welch seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Welch declared the agenda approved as amended. Recognition of Visitors Police Chief Ward introduced the newest member of the Arkansas City Police Department, Police Officer Alicia Pack. Officer Pack was administered her Oath of Office by City Clerk Shook. Police Chief Ward also introduced Police Officer Lisa Delgado, who was promoted from Public Service Officer with a primary focus in animal control. She has been with the department since January 2018. Officer Delgado also was administered her Oath of Office by City Clerk Shook.



Consent Agenda Commissioner Oestmann made a motion to approve the consent agenda, including the following:

1. Approving the October 15, 2019, regular meeting minutes and October 29, 2019, special meeting minutes as written.

Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Welch declared the consent agenda approved as amended. (Note: The November 15 study session later was canceled anyway.) Old Business

Employee Benefits for 2020 City Clerk Shook presented for discussion the City employee dental insurance renewal for 2020. Human Resources Manager McFarland said the deletion of the Preferred Provider Organization (PPO) option means dental insurance will rise about 5.5% with Delta Dental of Kansas. This quote still includes the Right Start for Kids services and unlimited cleanings as previously discussed. Commissioner Oestmann made a motion to approve the employee dental insurance renewal for the 2020 plan year. Vice Mayor Welch seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Welch declared the motion approved. New Business

Personnel Policy Update City Clerk Shook presented for discussion one personnel policy update — Safety Footwear (17.7). City Manager Hernandez said that as a result of the discussion at the November 1 study session, this policy will have to be retooled and presented in its new form to the Employee Council again. He said this will take some time and asked for no action to be taken on the draft policy at this time.

Employee Benefits for 2020 City Clerk Shook presented for discussion the City employee life insurance renewal for 2020. Human Resources Manager McFarland said the 2020 increase is only $0.16 per member, per month.



Vice Mayor Welch made a motion to approve the employee life insurance renewal for the 2020 plan year. Commissioner Sybrant seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Welch declared the motion approved.

Flatbed Dump Truck Purchase Resolution No. 2019-11-3291

City Clerk Shook presented for discussion a resolution authorizing the City to purchase a 2-ton truck cab and chassis from Summit Truck Group, of Wichita, for $59,000.00, and to purchase and have installed on this truck a flatbed dump body from Kansas Truck Equipment Company, also of Wichita, for $15,709.00, for a total overall purchase amount not to exceed $74,709.00. Environmental Services Superintendent Philo said the 2019 Environmental Services Department budget contains $110,000.00 to purchase a new 2-ton flatbed dump truck for wastewater collection. This requested truck will replace a current 1978 Ford F7000 dump truck with 73,193 miles on it that will be traded in. Philo said it has become almost impossible to find new parts for this current unit. This piece of equipment is used by both the Wastewater Collection division to move heavy loads. Commissioner Gingher made a motion to approve the resolution. Commissioner Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Welch declared the motion approved and given Resolution No. 2019-11-3291.

Memorandum of Understanding City Clerk Shook presented for discussion a Memorandum of Understanding (MOU) between Cowley County and the City for repairs to the area near the East Chestnut Avenue bridge. City Manager Hernandez gave an overview of changes City Attorney Schwartz made to the MOU. He said the City wanted to specify its 50-50 matching pledge, which is capped at $250,000.00, is for repairs to the area around the bridge and not the bridge itself. Any amount above this must be approved separately by the Commission and the City will share 50-50 in any grant reimbursements. Commissioner Sybrant made a motion to approve the Memorandum of Understanding. Vice Mayor Welch seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Welch declared the motion approved.



Avocado Beach Club Easement Resolution No. 2019-11-3292

City Clerk Shook presented for discussion a resolution authorizing the City to enter into an agreement with the Avocado Beach Club and execute an easement for the South Well Field Water Line Replacement Project, including replacement of a fence, for an amount not to exceed $2,000. City Manager Hernandez said the water line replacement is already done and it passed all testing. Commissioner Oestmann made a motion to approve the resolution. Commissioner Gingher seconded the motion. Commissioner Sybrant announced he would recuse himself from voting due to his son-in-law’s interest in the Beach Club. A voice vote was unanimous in favor of the motion. Vice Mayor Welch declared the motion approved and given Resolution No. 2019-11-3292. Commissioner Sybrant commended the Avocado Beach Club and everyone else who was involved in resolving this situation amicably, including City staff, Smith & Oakes and Nowak Construction. City Manager Updates City Manager Hernandez provided the commissioners with the following reminders and updates:

• The City, the Arkansas City Area Chamber of Commerce and Visit Ark City will jointly host a Chamber Coffee at 10 a.m. November 7 at the Water Treatment Facility, located at 400 W. Madison Ave., to present the results of Haysville’s “First Impressions” visit to Arkansas City.

• The next monthly meeting of the Arkansas City Area Complete Count Committee will be at 1:30 p.m. November 7 at the Water Treatment Facility, located at 400 W. Madison Ave.

• City Hall and other City offices will be closed November 11 in observance of Veterans Day. • The next RISE Cowley health coalition meeting will be at 10 a.m. November 12 at the

Winfield Public Library, located at 605 College St. Elections will be held for six of the 12 steering committee positions (terms are for two years each), so Arkansas City residents are encouraged to attend and consider applying for any of the available committee positions.

• The next monthly Cowley County Legislative Committee meeting will be at noon November 12 at the Winfield Chamber of Commerce office, located at 123 E. Ninth Ave.

• Police Chief Ward will give the rescheduled “State of Community Safety” presentation at a Chamber of Commerce luncheon at noon November 13 at the Water Treatment Facility.

• The City Commission study session at noon November 29 likely will be canceled because City Hall will be closed and all City employees will be off due to the Thanksgiving holiday.

• The City applied for and has received $300,000 in Land and Water Conservation Fund (LWCF) funding to assist with paying for Phase 1 of the Wilson Park Master Plan, consisting of a splash pad and new restrooms. The remaining minimum portion of $477,192 will be paid by utilizing matching funds from private donations and in-kind labor by City workers.



Other Business City Manager Hernandez said the City is looking into specialized software called FlashVote that would provide City staff with the ability to directly poll the populace about issues of importance. Public Information Officer Lawson gave an overview of the service and said one planned use would be to help the City to administer the next Comprehensive Plan survey digitally, instead of through the mail, as was done in 2013. The cost to the City for a year of service would be less than $10,000. Travis Pearman, 28 Woodlawn Lane, raised some objections to the software, but said he also could see some benefit to collecting data through FlashVote, as long as it is used as a polling tool only. Adjournment Commissioner Gingher made a motion to adjourn the meeting. Commissioner Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Welch declared the meeting adjourned at 6:32 p.m. THE CITY OF ARKANSAS CITY BOARD OF CITY COMMISSIONERS ____________________________ Karen Welch, Vice Mayor ATTEST: ____________________________ Lesley Shook, City Clerk Prepared by: _____________________________________ Andrew Lawson, Public Information Officer

Item for City Commission Action Section V Item 2



Staff Contact Nick Hernandez

Title: Consent Agenda Item: A Resolution rescheduling a public meeting of the Governing Body from noon Friday, November 29, 2019, to noon Friday, November 22, 2019, in the City Manager’s Office at City Hall, 118 W. Central Ave., Arkansas City. Description: The November 29 study session falls on a City holiday (part of the Thanksgiving holiday). Because City Hall will be closed and employees do not work that Friday, staff recommends rescheduling this meeting. By moving it up by one (1) week, staff and the City Commission will be able to discuss the Traffic Safety Committee’s recommendations as originally was planned for the canceled November 15 study session. Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration. Approved for Agenda by:

City Manager

RESOLUTION NO. 2019-11-____ A RESOLUTION RESCHEDULING A PUBLIC MEETING OF THE GOVERNING BODY SCHEDULED FOR NOON FRIDAY, NOVEMBER 29, 2019, TO NOON FRIDAY, NOVEMBER 22, 2019, IN THE CITY MANAGER’S OFFICE AT CITY HALL, 118 W. CENTRAL AVE., ARKANSAS CITY. WHEREAS, the study session currently scheduled for November 29, 2019, falls on a City holiday when City Hall will be closed and City employees do not work; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, expects to have little business on the agenda to discuss for its regular meeting scheduled for December 3, 2019; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, had to cancel its regular study session scheduled for November 15, 2019, when City staff originally had planned to discuss Traffic Safety Committee recommendations; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, desires to reschedule its regularly scheduled study session on November 29, 2019, to November 22, 2019, and discuss the Traffic Safety Committee recommendations; and WHEREAS, in order to comply with the Kansas Open Meetings Act, the Governing Body of the City of Arkansas City, Kansas, must notify those requesting public notice of the cancellation of this public meeting of the Governing Body. 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 authorizes the rescheduling of its previously scheduled public meeting at noon on Friday, November 29, 2019, to noon on Friday, November 22, 2019, in the City Manager’s Office at City Hall, located at 118 W. Central Ave., Arkansas City, Kansas. 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, and also to notify all persons requesting notice of such public meetings under the Kansas Open Meetings Act. 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. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 19th day of November, 2019. (Seal) Jay Warren, Mayor ATTEST: Lesley Shook, City Clerk

APPROVED AS TO FORM: Larry R. Schwartz, City Attorney

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2019-11-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on November 19, 2019, 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 Environmental Services

Staff Contact Rod Philo

Title:

A Resolution authorizing the City of Arkansas City to enter into an Agreement with Professional Engineering Consultants (PEC), of Wichita, for the North Pressure Zone High Service Pump Station Project, for an amount not to exceed $62,500.00. (Voice Vote)

Description:

The City mailed out requests to 19 firms requesting they submit a Request for Qualifications (RFQ) for the Project. Four RFQs were received. A Selection Committee reviewed all four RFQs and recommends PEC be awarded the Project. PEC scored the highest on previous experience with High Service Pump Station Design and has the best approach for the Project. The Firm also scored highest on references including those from this City.

Commission Options:

1. Approve the Resolution2. Disapprove the Resolution3. Table for further consideration

Fiscal Impact:

Amount: $62,500.00 Fund: 16 (Water) Department: 53 (Water Dist) Expense Code: 6214 (Other Prof. Services)

Included in budget Grant Bonds Other (explain)

Approved for Agenda by:

City Manager

RESOLUTION NO. 2019-11-_____

A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO ENTER INTO AN AGREEMENT WITH PROFESSIONAL ENGINEERING CONSULTANTS (PEC), WICHITA, KANSAS, FOR THE NORTH PRESSURE ZONE HIGH SERVICE PUMP STATION PROJECT, FOR AN AMOUNT NOT TO EXCEED $62,500.00. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: That the Governing Body of the City of Arkansas City hereby directs the Mayor of the City of Arkansas City to enter into an agreement with Professional Engineering Consultants (PEC), Wichita, Kansas, for the North Pressure Zone High Service Pump Station Project, for an amount not to exceed $62,500.00. 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 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. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 19th day of November, 2019. (Seal)

Jay Warren, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM Larry R. Schwartz, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2019-11-_____ of the City of Arkansas City, Kansas adopted by the governing body on November 19, 2019 as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk



Department/Division City Manager / Neighborhood Services

Staff Contact Josh White

Title:

Consider first reading of an Ordinance authorizing the re-zoning of 505 S. 6th St. from P (Public Use District) to R-2 (Medium-Density Residential District). (Roll Call Vote)

Description:

Habitat for Humanity of Arkansas City wishes to build its next home at 505 S. 6th St. The property was owned by the City previously, operated as Brock Park and zoned as Public Use District (P). The City determined that a better use for this property was residential and it was transferred into the Land Bank.

Habitat for Humanity recently was granted ownership of this property by the Land Bank Board of Trustees and already is commencing construction on its 19th home in Arkansas City. This request is to rezone from Public Use District (P) to Medium-Density Residential District (R-2). The property no longer will serve a public use or be publicly owned. Additionally, City staff expanded the rezoning request to include the remainder of the tract that was not transferred to Habitat for Humanity. The Planning Commission held a public hearing on Tuesday, October 29, 2019, and voted unanimously to recommend that the City Commission to approve this request. The staff report and maps are attached in the packet.

Commission Options:

1. Approve the Ordinance on first reading.2. Table the Ordinance for a second reading Dec. 3.3. Disapprove the Ordinance with 2/3 majority.4. Table Ordinance and send back to Planning Commission for further consideration.

Fiscal Impact:

Fiscal Impact:

Amount: Cost of publication



City Manager

ORDINANCE NO. 2019-11-

AN ORDINANCE AUTHORIZING THE RE-ZONING OF 505 S 6th STREET, FROM P (PUBLIC USE DISTRICT) TO R-2 (MEDIUM DENSITY RESIDENTIAL DISTRICT). WHEREAS, the City of Arkansas City Planning Commission, after providing notice and holding a hearing pursuant to K.S.A. § 12-756 and K.S.A. § 12-757, has considered the proposed request to re-zone property, and recommended the City grant the Petition to re-zone; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, after due investigation and consideration has determined that the nature and extent of the public use and interest to be subserved is such as to warrant the re-zoning of the property at issue. NOW THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The property legally described as:

Lots 19-28, Block 120 of Arkansas City Original Town, Arkansas City, Kansas, more commonly known as 505 S 6th Street.

IS HEREBY RE-ZONED from a P (Public Use District) to an R-2 (Medium Density Residential District). SECTION TWO: This ordinance shall take effect and be in full force from and after its adoption by the governing body of the City of Arkansas City and either (a) publication once in the official newspaper of the City, or (b) publication of a summary of this Ordinance certified as legally accurate and sufficient by the City Attorney. SECTION THREE: A certified copy of this ordinance signed by the City Clerk for the City of Arkansas City, Kansas, shall be recorded in the Office of the Register of Deeds, Cowley County, Kansas. PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas this 19th day of November, 2019. (Seal) Jay Warren, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM Larry R. Schwartz, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Ordinance No. 2019-__-_______ of the City of Arkansas City, Kansas adopted by the governing body on ________________, 2019 as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

STAFF REPORT City of Arkansas City Neighborhood Services Division Josh White, Principal Planner 118 W Central Ave, Arkansas City, KS 67005 Phone: 620-441-4420 Fax: 620-441-4403 Email: [email protected] Website: www.arkcity.org CASE NUMBER RZ-2019-104

APPLICANT/PROPERTY OWNER Habitat for Humanity of Ark City & City of Arkansas City Land Bank

PUBLIC HEARING DATE October 8, 2019

PROPERTY ADDRESS/LOCATION 501 S 6th Street

BRIEF SUMMARY OF REQUEST

The subject property is located at 501 S 6th

Street. The property is currently vacant land (formerly known as Brock Park). The surrounding area is comprised of residential and commercial uses. A restaurant is to the southwest of the site and a former commercial building is to the south. The rest of the area is residential. The property is a rectangular lot and is 250’ X 132’ or approximately 0.76 acres. The property was previously owned by the City (now the Land Bank and Habitat for Humanity) and was zoned P-Public Use. The property is now vacant and isn’t a public use. The project will be to build a single family dwelling on the site. The applicants are requesting a rezone from P, Public Use District to R-2, Medium Density Residential District.

Map data ©2019 Esri Topographic map

EXISTING ZONING P, Public Use District

EXISTING LAND USE Vacant (former park)

SURROUNDING ZONING & LAND USE North-Single Family Residential (R-3)

East-Residential (R-2) South-Commercial (C-2)

West-Vacant/Parking Lot (R-2/C-2)

SITE IMPROVEMENTS None

SIZE OF PROPERTY 250’ X 132’ 0.76 acres

STAFF RECOMMENDATION

APPROVE APPROVE WITH CONDITIONS DENY

COMPATIBILITY with the COMPREHENSIVE PLAN The Future Land Use portion of the Comprehensive Plan designates the subject property as public use. The proposed use isn’t directly in line with the adopted Comprehensive Plan for this area. However, residential and commercial use can go hand in hand. The property will no longer be publicly owned. This will also help the goal from Chapter 3 to “Encourage the availability of housing in Arkansas City for all ages an income groups”. This is infill development in an already established neighborhood that can support the proposed use. This development is within the scope of the goal that “Residential Development should be located in areas where adequate public and private facilities already exist, where such facilities are planned in the capital improvements program, or in areas where they will be extended and provided by the developer within a reasonable time frame.” The utilities needed are readily available.

PROPERTY HISTORY

This property previously was used as a park with a small shelter building

and horseshoe pits. The horseshoe pits have previously been

relocated to Pershing Park. The city determined that the property would

be better suited as residential uses and added it to the Land Bank in

January 2019. No other land use cases were found for this property.

COMPATIBILITY with the ZONING ORDINANCE

The surrounding area is comprised of public and residential uses. It is the intent of the residential zoning districts to provide for areas of low, medium and high density residential development including certain public or private uses which are compatible with residential development. The change in classification would be consistent with the intent and purpose of these regulations.

ATTACHMENTS AREA MAP

PUBLIC COMMENTS

STAFF FINDINGS

SITE PLAN

SITE SKETCH

SURVEY

ZONING MAP

FUTURE LAND USE MAP

mailto:[email protected]

Findings When a proposed amendment would result in a change of the zoning classification of any specific property, the recommendation of the Planning Commission, accompanied by a copy of the record of the hearing, shall contain statements as to the present classification, the classification under the proposed amendment, the reasons for seeking such reclassification, a summary of the facts presented, and a statement of the factors upon which the recommendation of the Planning Commission is based, using the following guidelines. Note that all references to agriculture in this report also include associated residential uses. 1. Whether the change in classification would be consistent with the intent and purpose of

these regulations; The surrounding area is comprised of commercial and residential uses. It is the intent of the

residential zoning districts to provide for areas of low, medium and high density residential development including certain public or private uses which are compatible with residential development. The change in classification would be consistent with the intent and purpose of these regulations.

2. The character and condition of the surrounding neighborhood and its effect on the proposed change;

The surrounding area is comprised of commercial and residential uses. There is a restaurant and commercial building to the southwest and south. Single family homes are found to the north and east of the site and to the west is a vacant lot. Residential development should not negatively affect the surrounding neighborhood.

3. Whether the proposed amendment is made necessary because of changed or changing conditions in the area affected, and, if so, the nature of such changed or changing conditions;

The reason this property was zoned P-Public Use District is because it was a public use (a former park). The property will be sold to a private owner. The area is stable as residential with commercial uses along the West Madison Avenue corridor mixed in and does not appear to be changing. In order to develop this site with single family residential, the proposed amendment is required.

4. The current zoning and uses of nearby properties, and the effect on existing nearby land uses upon such a change in classification;

North and east of the site is R-2, Medium Density Residential District which match the uses. To the west is R-2, Medium Density Residential District, which is currently vacant. To the south and southwest is C-2, Restricted Commercial District including a restaurant and former commercial building (now appears to be used as a residence). The proposed use is single family residential which is compatible with the neighborhood.

5. Whether every use that would be permitted on the property as reclassified would be

compatible with the uses permitted on other property in the immediate vicinity;

The proposed use of single family residential would be permitted under the R-2, Medium Density Residential District. This district would also allow two-family residential outright and

multi-family residential with a conditional use permit. The residential zones around the property are also R-2 so this would be appropriate for this property.

6. The suitability of the applicants property for the uses to which it has been restricted;

The property is currently zoned for public use; the property is currently vacant and will no longer be publicly owned. The property is immediately adjacent to residential uses and appears that it is best suited to be converted to a residential use.

7. The length of time the subject property has remained vacant or undeveloped as zoned;

The property has been vacant for the last year. The land was previously used as a park. Horseshoe pits formerly on the site have been relocated to Pershing Park on North 2nd Street. The City determined the land was better suited for housing with nearby Paris Park serving the area. Without the proposed amendment the land will likely not be used for its best purpose and will remain vacant.

8. Whether adequate sewer and water facilities, and all other needed public services exist or

can be provided to serve the uses that would be permitted on the property if it were reclassified;

Water and Sanitary sewer are available at the site. Other utilities should be readily available at

the site. The streets in the area are adequate for the proposed use. Police and Fire/EMS are able to easily access the area as well.

9. The general amount of vacant land that currently has the same zoning classification proposed for the subject property, particularly in the vicinity of the subject property, and any special circumstances that make a substantial part of such vacant land available or not available for development;

There is other land within the City that is zoned R-2. This particular site is very conducive to redevelopment as a residential property and provides infill housing and was designated to be part of the City’s land bank program. The City is in need of additional housing in this area and as such developing this area with housing is the best case scenario.

10. Whether the proposed amendment would be in conformance to and further enhance the implementation of the City's Comprehensive Plan; The Future Land Use portion of the Comprehensive Plan designates the subject property as

public use. The proposed use isn’t directly in line with the adopted Comprehensive Plan for this area. However, residential and commercial use can go hand in hand. The property will no longer be publicly owned. This will also help the goal from Chapter 3 to “Encourage the availability of housing in Arkansas City for all ages an income groups”. This is infill development in an already established neighborhood that can support the proposed use. This development is within the scope of the goal that “Residential Development should be located in areas where adequate public and private facilities already exist, where such facilities are planned in the capital improvements program, or in areas where they will be extended and provided by the developer within a reasonable time frame.” The utilities needed are readily available.

11. Whether the relative gain to the public health, safety, and general welfare outweighs the hardship imposed upon the applicant by not upgrading the value of the property by such reclassification; and, The public health, safety and general welfare should not be negatively impacted by this

rezoning as this area has already been designated for residential development and adequate public facilities will be part of the development.

12. Such other factors as the Planning Commission may deem relevant from the facts and evidence presented in the application

13. The recommendations of professional staff; It is the recommendation of staff that the requested rezoning P to R-2 be approved based on

the following conclusions:

The property will no longer be publicly owned.

The development appears compatible with the area.

The property has remained underutilized for several years.

The project should not adversely affect the neighboring properties.

This project provides housing, a much needed resource in Arkansas City and is in an already established residential neighborhood and provides infill housing as well.

The public health, safety and general welfare should not be negatively impacted by this rezoning.



Department/Division Environmental Services / Wastewater Treatment

Staff Contact Rod Philo

Title:

Consider a Resolution authorizing the City of Arkansas City to purchase a half-ton Dodge Ram pickup truck from Zeller Motor Company, of Arkansas City, for an amount not to exceed $18,929.00. (Voice Vote)

Description:

The 2019 Wastewater Treatment budget contains $28,000.00 to purchase a new half-ton pickup truck. This requested pickup truck will replace Wastewater Treatment’s 1999 Ford F-150 with 107,000 miles, which will be sold outright.

Commission Options:

1. Approve the Resolution.2. Table the Resolution for further discussion.3. Disapprove the Resolution.

Fiscal Impact:

Amount: $18,929.00

Fund: 18 (Sewer) Department: 660 (Wastewater Treatment) Expense Code: 7403 (Motor Vehicles)



City Manager

RESOLUTION NO. 2019-11-____ A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO PURCHASE A HALF-TON DODGE RAM PICKUP TRUCK FROM ZELLER MOTOR COMPANY, OF ARKANSAS CITY, KS, FOR AN AMOUNT NOT TO EXCEED $18,929.00. 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 authorizes the City of Arkansas City, Kansas, to purchase a a half-ton Dodge Ram pickup truck from Zeller Motor Company, of Arkansas City, KS, for an amount not to exceed $18,929.00. SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor and/or 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. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 19th day of November, 2019. (Seal) Jay Warren, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM: Larry R. Schwartz, City Attorney

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2019-11-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on November 19, 2019. as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

Item for City Commission Action Section VIII Items 1-6



Staff Contact Nick Hernandez

Title: City Manager Updates Description:

1. The next City Commission study session — previously scheduled for noon Friday, November 29, when City Hall will be closed and employees are off work due to the Thanksgiving holiday — has been rescheduled for noon Friday, November 22 in the city manager’s office at City Hall. We will discuss the Traffic Safety Committee’s recommendations for Summit Street and Radio Lane.

2. The City, the Arkansas City Chamber of Commerce, and Visit Ark City will jointly host a “Mayoral Lighting of the Christmas Tree” at 6 p.m. Tuesday, November 26 at Ben Givens Center City Park, located at 101 N. Summit St. Please join Mayor Jay Warren as we light up downtown Ark City!

3. City Hall and other City offices will be closed Thursday, November 28 and Friday, November 29 in observance of Thanksgiving. We will reopen for business at 8 a.m. Monday, December 2.

4. Small Business Saturday is Saturday, November 30, and Visit Ark City and the Ark City Chamber of Commerce have several special shopping promotions planned in downtown Arkansas City!

5. The City Commission study session currently scheduled for noon Friday, December 13 in the city manager’s office at City Hall will conflict with a South Central Kansas Medical Center Board of Trustees work session set to be pushed back a week due to Christmas. Should we cancel it?

6. The City applied for and received $300,000.00 in Land and Water Conservation Fund (LWCF) funding to assist with paying for Phase 1 of the Wilson Park Master Plan, consisting of a splash pad and new restrooms. The remaining minimum portion of $477,192.00 would be paid by the City utilizing matching funds from private donations and in-kind labor match by City workers.


City Manager

Fund

1/1/2019

Beginning Cash

Balance Receipts Disbursements

10/31/2019

Ending Cash

Balance Budget Encumbrances

Budget Variance

Favorable (Unfavorable) % Remaining (17%)

01 - GENERAL FUND 1,439,912.08$ 8,081,921.70$ 8,363,152.43$ 1,158,681.35$ 10,817,432$ 8,199.74$ 2,446,080$ 23%

15 - STORMWATER FUND 439,288.03$ 217,700.69$ 458,784.68$ 198,204.04$ 479,784$ 48,133.32$ (27,134)$ -6% *

16 - WATER FUND 4,363,318.19$ 3,842,816.56$ 3,503,367.58$ 4,702,767.17$ 5,083,836$ 210,983.02$ 1,369,485$ 27%

18 - SEWER FUND 4,004,177.29$ 1,797,628.72$ 1,146,107.12$ 4,655,698.89$ 3,092,163$ 1,905.00$ 1,944,151$ 63%

19 - SANITATION FUND 1,051,415.81$ 1,306,669.05$ 929,101.75$ 1,428,983.11$ 1,657,519$ 48,133.34$ 680,284$ 41%

20 - SPECIAL RECREATION FUND 26,978.66$ 8,639.99$ 8,148.00$ 27,470.65$ 24,102$ -$ 15,954$ 66%

21 - SPECIAL STREET FUND 487,931.18$ 492,070.44$ 210,806.16$ 769,195.46$ 787,506$ 48,133.34$ 528,567$ 67%

23 - TOURISM/CONVENTION FUND 19,690.52$ 142,909.01$ 134,492.72$ 28,106.81$ 120,962$ -$ (13,531)$ -11% *

26 - SPECIAL ALCOHOL FUND 84,206.93$ 13,239.99$ 13,955.62$ 83,491.30$ 20,000$ -$ 6,044$ 30%

27 - PUBLIC LIBRARY FUND -$ 355,637.41$ 349,493.10$ 6,144.31$ 371,600$ -$ 22,107$ 6%

29 -SPECIAL LAW ENF TRUST FUND 16,197.23$ 14,570.67$ 18,470.08$ 12,297.82$ Not a budgeted fund

31 - LAND BANK FUND -$ -$ -$ -$ 3,500$ -$ 3,500$ 100%

42 - HOSPITAL IMPROVEMENT FUND 1,463,800.00$ 447,664.86$ 1,911,464.86$ -$ 2,160,000$ -$ 248,535$ 12%

43 - BOND & INTEREST FUND 80,853.69$ 828,066.10$ 36,065.00$ 872,854.79$ 1,202,230$ -$ 1,166,165$ 97%

44 - HEALTHCARE SALES TAX FUND -$ 4,262,265.20$ 4,115,466.31$ 146,798.89$ -$ 146,799$ (4,115,466)$

45 - UNPLEDGED HEALTHCARE SALES TAX FUND -$ 64,390.40$ -$ 64,390.40$ -$ -$ -$

51 - DRUG TASK FORCE FUND 37,808.26$ 1,280.85$ 11,120.93$ 27,968.18$ Not a budgeted fund

53 - MUNICIPAL COURT FUND 17,624.62$ -$ 9,444.46$ 8,180.16$ Not a budgeted fund

54 - EQUIPMENT RESERVE FUND 200,946.02$ -$ -$ 200,946.02$ Not a budgeted fund

57 - CID SALES TAX FUND 3,951.30$ 42,550.05$ 42,524.81$ 3,976.54$ 50,000$ -$ 7,475$ 15%

68 - CAPITAL IMPROVEMENT FUND 1,200,158.46$ 644,684.00$ 264,057.17$ 1,580,785.29$ Not a budgeted fund 11,602$

TOTALS 14,938,258.27$ 22,564,705.69$ 21,526,022.78$ 15,976,941.18$ 25,870,634$

INDEBTEDNESS:

GO SERIES 2009A BONDS 235,000$

GO SERIES 2013A BONDS 3,260,000$

KDHE WATER LOAN #2649 545,849$

KDHE WATER LOAN #2813 20,721,620$

2013 PUMPER FIRE TRUCK LEASE 221,513$

2019 FERRARA PUMPER TRUCK LEASE 558,360$

TOTAL 25,542,342$

Note: Information is Unaudited

* To be amended

CITY OF ARKANSAS CITY, KANSAS

FINANCIAL SUMMARY

Year-To-Date Ending October 13, 2019

Cash Summary Budget Summary

city of arkansas city board of city commissioners · rhiley, charlie wilson and cowley...

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