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City of Arkansas City Board of City Commissioners

Agenda

Regular Meeting Tuesday, February 7, 2017 @ 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

Hospital Update Spring Hill Golf Course Update

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)

1. Approve the January 17, 2017 regular meeting minutes and the January 26, 2017 special meeting minutes as written.

2. Ratify Mayor Duane Oestmann’s appointments to the Outstanding Young Student Award Committee. 3. Ratify Mayor Duane Oestmann’s appointments of Arty Hicks, Carlla Pike, Liz Shepherd, Shawn Silliman,

Dena Ward, and Sara Williams to the Convention and Visitors Bureau Board of Directors. 4. Approve a temporary Cereal Malt Beverage (CMB) License for February 18, 2017 in the Agri-Business

Building, 715 W. Washington Avenue, to Brittany Dunlap.

VI. Old Business VII. New Business

1. Consider a Resolution authorizing the City to file an application for a Historic Preservation Fund Grant administered by the National Park Service for a historic survey of the Downtown Arkansas City Commercial District, pledging matching funds and/or in-kind services for said grant, and authorizing the Mayor and/or City Manager to execute any and all documents necessary to apply for and accept such grant. (Voice Vote)

2. Consider first reading of an Ordinance modifying the Municipal Code of the City of Arkansas City section 58-24, regarding illegal registration, illegal out-of-state tag. (Roll Call Vote)

3. Consider a Resolution authorizing the purchase of two new sanitation trucks from Downing Sales & Services, Inc. for an amount not to exceed $347,205.00. (Voice Vote)

4. Consider a Resolution approving the purchase of two 2017 Ford Police Pursuit rated Utility Interceptors from Reedy Ford for an amount not to exceed $58,452.00. (Voice Vote)

5. Consider a Resolution creating the 2017 Capital Improvement Planning (CIP) Committee. (Voice Vote) a. Ratify Mayor Duane Oestmann’s appointments to the 2017 Capital Improvement Planning

Committee. (Voice Vote) VIII. City Manager Updates

Unsafe and Poor Housing Water Treatment Plant Update/Set date for tour.

IX. Other Business 1. 10 minute executive session to discuss matters of non-elected personnel. X. Adjournment

Item for City Commission Action Section V Item 1

Meeting Date 02/07/2017

Department/Division City Manager

Staff Contacts Lesley Shook / Andrew Lawson

Title: Consent Agenda Item: Approve the January 17, 2017 regular meeting minutes and the January 26, 2017 special meeting minutes as written.

Description: Please see attached document.

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

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

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

City Manager

City Commission of Arkansas City Meeting Minutes

January 17, 2017 Page 1

The Arkansas City Board of City Commissioners met in regular session at 5:30 p.m. January 17, 2017, in the Commission Room at City Hall, 118 W. Central Ave., in Arkansas City. Mayor Duane L. Oestmann called the meeting to order. Those also present at roll call were Commissioner Dan Jurkovich, Commissioner Charles Tweedy III, Commissioner Jay Warren and Commissioner Karen Welch. City employees present at roll call were City Manager Nick Hernandez, City Attorney Tamara Niles, Public Information Officer Andrew Lawson, City Clerk Lesley Shook, Finance Director Kathy Cornwell, Information Technology Manager Matthew Metzinger, Public Works Director Eric Broce, Assistant Public Works Director Mike Crandall, Neighborhood Services Superintendent Richard Brown, Combination Inspector Mike Bellis, Fire Chief Bobby Wolfe, ACFD Capt. Ken Corcran, Firefighter-EMT Tanner McClure, Police Chief Dan Ward, Master Police Officer Nelson Douglas and Human Resources Manager Marla McFarland. The Spring Hill Golf & Recreation Association was represented by clubhouse manager Cathy Vaughn and treasurer Dale Kuhn. Veterans of Foreign Wars Post No. 1254 was represented by Post Commander Charlie Cravens, Post Senior Vice Commander John Jarvis, State Senior Vice Commander Michael Holland and VFW Auxiliary President Sue Hartman, Judy Holland and Crystal Cravens. Citizens in attendance included Reatha Juden, Brett Von Martin, Gareth McGee, Cowley CourierTraveler reporter Cody Griesel and Ark City Daily Bytes reporter Jeni McGee. Commissioner Warren offered the opening prayer. Mayor Oestmann led the pledge of allegiance. Agenda Approval Commissioner Tweedy made a motion to approve the agenda as presented. Commissioner Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the agenda approved. Awards and Proclamations VFW Post 1254 Commander Charlie Cravens presented Master Police Officer Douglas with the organization’s Officer of the Year award. The post previously has awarded the EMT Appreciation Award to Firefighter-EMT McClure and the Firefighter Appreciation Award to Capt. Corcran. All three were recognized by the commission. Douglas thanked his fellow officers and the citizens of Arkansas City for their assistance to and support of him. Recognition of Visitors Spring Hill Golf Course clubhouse manager Cathy Vaughn said there have been some misconceptions about the course regarding its membership numbering 64 Arkansas City residents (other members live outside the city). Vaughn said there are more people who golf at Spring Hill than just members. Many people pay per golf round. She said members accounted for just 3,500 rounds of the 11,000 played in 2016. Half of the remaining rounds (4,000) were played by nonmembers who live in Arkansas City. Close to 1,000 rounds came from youth programs.



Regarding finances, Vaughn said she and Kuhn have been working on a plan to make the golf course self-sufficient in 2017 and for many years to follow. The plan, which Commissioner Warren praised, consists of:

1. Reducing employee hours, using the honor box more and cutting the hours the clubhouse is open. 2. Shortening the employee work year to just 6 1/2 months. 3. Using pre-release inmates from the Winfield Correctional Facility to perform course maintenance duties. 4. Reducing the overall cutting area on the golf course to minimize mowing costs.

Vaughn said these changes should lead to a balanced budget by the end of the year. Kuhn said he still expects to be short about $1,000 to $1,200 in February, but he hopes the total amount of assistance needed will be less. He currently projects the course to be about $600 short in March and a little more in April, but hopes to avoid it. Kuhn is set to meet with the Cowley County Commission on Feb. 7 to request funds. Calls to the Parkerfield City Commission have gone unanswered, but he will meet with the Arkansas City Convention and Visitors Bureau. Mayor Oestmann asked about the development of this plan. Kuhn said remaining open was the only option. Commissioner Tweedy asked when the pre-release workers would be used. Kuhn said from March 15 to Oct. 11. Commissioner Warren asked how the prisoners would be transported. Kuhn said the current transportation to the City also could serve to transport the golf course’s laborers. The current plan is to use five workers at a time. Commissioner Tweedy asked if the groundskeeper would be the person responsible for overseeing the inmates. Kuhn said that person and two other golf course officials will take classes to qualify them for that oversight. Commissioner Warren asked for a new 2017 budget that takes into account the actions of the four-step plan. Commissioner Tweedy asked if the total membership of 93 has changed. Kuhn said it has increased to 94. Commissioner Warren asked if a round is nine holes and how many people play 18 holes at a time. Kuhn estimated about 2,000 of the 11,000 rounds are for 18 holes, while the rest are just nine holes. Vaughn said all of the tournaments that are included in those figures also feature 18-hole configurations. Consent Agenda Commissioner Warren made a motion to approve the consent agenda as presented, including the following:

1. Approving the January 3, 2017, regular meeting minutes as written. 2. Approving Resolution No. 2017-01-3071, approving and executing a deed of release for airport property

totaling approximately 4 acres, located at Strother Field Industrial Park, for Four County Mental Health. Commissioner Warren asked about the release deed. City Attorney Niles said it just adds the land to the building. Commissioner Tweedy seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the consent agenda approved.



Old Business Unsafe/Dangerous Structure

City Clerk Shook presented for discussion an update on an unsafe and dangerous structure located at 617 S. Fourth St. The owner, Brett Martin, had not completed the requested actions within the last two weeks. Neighborhood Services Superintendent Brown said no mold remediator contacted him until January 16, but that was just a home inspector with some background in mold testing. Brown said it would be up to the commission. Brown said the home is locked up now. Commissioner Tweedy asked if the property had been removed and Brown said Martin had taken some of his property out of the structure. Brown said there are more problems than just the mold issue. He estimates more than 75 percent of the value of the structure is beyond saving. City Manager Hernandez said the Oklahoma home inspector is Larry Lake. Brown said mold remediation requires additional education beyond the testing license, but no additional license. Commissioner Warren asked Martin how he will handle the additional structural problems. Martin again disputed the 75-percent estimate. Commissioner Warren pressed him for more details on his roof repair plans. Martin said he wants to hire Fuentes Construction, but claimed Brown will not let Fuentes do the work. He also said Lake claimed he can’t do any work without Brown’s cooperation and implied Brown was bluffing about it. Hernandez asked City Attorney Niles to confirm Brown still has two more weeks to commence working on the structure, and 90 days after that complete the work or return to the commission and asked for a time extension. Hernandez told Martin he needs to hire a licensed general contractor to pull a permit — even if Martin does all the work himself — and coordinate with Brown on the 90-day timeline. This needs to happen within 14 days. Brown said Westar can place a temporary pole to allow electrical service for anyone working at the property. Hernandez said Martin is responsible for any damage to his house that might occur as a result of turning back on the water. The City only is responsible for providing service to the meter. Brown said he can remove his lock from the building and allow Martin to place his own lock there. Hernandez said that from the mold perspective, Brown must ensure it is not a hazard to the neighbors. He said that if Brown wants to harm himself, that is his own prerogative, but the City must act to prevent harm to neighbors. Commissioner Jurkovich told Martin he is concerned that Martin will spend a considerable amount of money on improvements, only to run out of time and see the building demolished anyway or sold at a county tax sale. Hernandez explained to Martin that the 75-percent estimate is for the value of the home, not the integrity of the structure itself. So if the total repairs cost more than 75 percent of the value of the house (estimated by the county to be $8,180), then that qualifies as 75-percent deterioration, which Brown has estimated to be the case. Commissioner Jurkovich mused it might be cheaper to buy a new house or tear down this one and build a new house in its place, since the total repairs easily could exceed $20,000, as Brown and Mayor Oestmann estimated.



New Business Water Well No. 14 Improvements

Resolution No. 2017-01-3072 City Clerk Shook presented for discussion a resolution authorizing the City to enter into a contract agreement with Wildcat Construction Company, Inc., of Wichita, for the Water Well No. 14 improvements, for an amount not to exceed $369,800.00. Public Works Director Broce said this project is the latest outgrowth of the wellfield evaluation performed by Burns & McDonnell. He showed a map of the wellfield, most of which was constructed in the 1940s and 1950s. Well No. 8 collapsed in early 2014. The evaluation, completed about the same time, recommended the immediate replacement of Well Nos. 8, 5 and 7, along with rehabilitation of Well Nos. 1, 3 and 4 within the next three years. The remaining wells were to be rehabilitated during the subsequent five years in that study. Broce said permitting has slowed down the overall rehabilitation and re-drilling process, and only No. 8 has been re-drilled and offset by Layne Christensen Co. That work was completed last July. Professional Engineering Consultants designed a standard well house that can be used on this and future well improvement projects. Broce said bids were opened Jan. 11 and Wildcat was the low bidder. He could not get more than two bidders. The engineer’s estimate was $500,000, so the low bid is a savings from that estimate and Walters-Morgan’s bid. Broce estimated the new well house could be up and running as early as June if the contract were to be approved. Commissioner Warren asked about the drilling process. Broce said it is a 60-inch-wide hole. Mayor Oestmann asked about the numbering conventions. Broce said the state requires a new number to be assigned each time. Broce said staff’s goal is to re-drill and offset No. 8 next, which would allow both new well houses to potentially run off the same natural gas generator, which will be installed at Well No. 8 as part of this project. He would like to have two well houses apiece on a generator in both the north and south wellfields. City Manager Hernandez said the new water treatment facility also will be able to run off a generator, so the City should in the future be able to avoid any interruptions in service or boil orders such as Burden recently had. Mayor Oestmann made a motion to approve the resolution. Commissioner Tweedy seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the resolution approved and given Resolution No. 2017-01-3072. City Manager Updates City Manager Hernandez asked Public Works Director Broce to present the options for 15th Street reconstruction. Broce said he is planning an Andale Construction presentation on Super Slurry in February. Commissioner Tweedy asked for a traffic count on that roadway. Hernandez said it carries about 1,000 vehicles per day. Broce said the bridge replacement will be Phase 2 of the project, set to commence later this summer.



Broce also said Smith & Oakes was able to submit the final plans for the South Summit Street KLINK project just before the deadline. He said there would be a project walkthrough later that week and bids will be let very soon. Hernandez updated the commissioners on the selection of KanOkla to provide the new telephone system for the police and fire-EMS departments. He asked Information Technology Manager Metzinger to provide more details. Metzinger said KanOkla was working diligently to expedite the replacement in order to get the emergency departments back on line, starting January 18. He thought ACFD could be up the next day and ACPD a day later. Commissioner Warren asked why the current system failed. Metzinger said it was installed in 2007 or 2008, but Cowley County notified the City after 911 dispatch consolidation that support eventually would be discontinued. Commissioner Welch asked if there were any 911 backup systems in the county. Metzinger said dispatch is transferred to Reno County if there is a failure locally, as happened on January 13 with a telephone disruption. Other Business Commissioner Warren asked how consolidated 911 dispatch has been going. City Manager Hernandez called Chief Ward and Chief Wolfe to the podium. Chief Wolfe admitted there have been some “growing pains.” Commissioner Warren and Mayor Oestmann asked him to elaborate. Wolfe said dispatching is a difficult job and he thinks there has been a lot of employee turnover that has affected some responses and hindered first responders’ ability to receive correct information. He said it is taking a while to work to remedy those issues. Commissioner Welch said this sounded like a diplomatic way of saying the idea has not been working out so far. Wolfe said he met with Cowley County Emergency Communications Director Carl Fortner to resolve some issues, some of which Fortner quickly identified and took action to correct. Commissioner Warren asked if the issues are due to the system or the personnel running it. Wolfe said the system is entirely new, other than the Computer Added Dispatch software. Commissioner Tweedy asked if the problems are putting anyone at risk, or if the departments are able to work around them. Wolfe said he thinks they have been able to work around it so far. He does not think there have been any major delays that would affect outcomes, but the potential always is there for that to happen. Hernandez said he thinks command and control of the system’s policies and their implementation is a potential issue. He said the chiefs may be concerned that law enforcement and firefighting officials are not directing that. Another issue is whether the Emergency Communications Advisory Board (ECAB) should do more than just make recommendations, which is its current function. The county commission and administrator make the decisions. Commissioner Warren asked if either Arkansas City’s or Winfield’s emergency departments had any input into the development of the system. Wolfe said the consolidation was in play before either he or Ward arrived here. Commissioner Welch said there was a 911 committee that had representatives of every agency in the county.



Hernandez said in many counties, sheriff’s offices are in charge of dispatch centers. Chief Ward said that is the arrangement that seems to work best for the protection of Criminal Justice Information Services. Commissioner Warren asked if those other dispatch centers are working well. Ward said anytime there is consolidation, there is going to have be some “give and take” and everyone has to be on the same page. Commissioner Jurkovich joked that the problem was building the center in Winfield instead of Arkansas City, but both Hernandez and Commissioner Welch insisted that was not the issue at hand. Ward said the biggest difficulty is when Arkansas City officers or firefighter-paramedics are dispatched to incorrect addresses. He said there can be confusion about whether 911 callers are in Arkansas City or Winfield. He also cited a recent 8-1 vote of the ECAB to recommend the purchase of Mobile Data Terminal technology for ACPD, only to see the county overrule that recommendation and decide not to fund the requested purchase. Ward also talked about the potential future cost of forwarding the 441-4444 number to dispatch via long distance. Commissioner Tweedy asked about Voice Over Internet Protocol and Metzinger explained how that will work. Adjournment Commissioner Welch moved to adjourn the meeting. Commissioner Tweedy seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the meeting adjourned at 7:10 p.m. THE ARKANSAS CITY BOARD OF CITY COMMISSIONERS _________________________ Duane L. Oestmann, Mayor ATTEST: ____________________________ Lesley Shook, City Clerk Prepared by: ____________________________ Andrew Lawson, Public Information Officer

City Commission of Arkansas City Special Call Meeting Minutes


The Arkansas City Board of City Commissioners met in special session at 12 p.m. January 26, 2017, in the City Manager’s Office at City Hall, 118 W. Central Ave., in Arkansas City. Mayor Duane L. Oestmann called the meeting to order at noon. Those also present at roll call were Commissioner Charles Tweedy III and Commissioner Karen Welch. Commissioner Jay Warren joined the meeting in progress at 12:04 p.m. and Commissioner Dan Jurkovich arrived at 12:07 p.m. City employees present were City Manager Nick Hernandez, City Attorney Tamara Niles and City Clerk Lesley Shook. Citizens in attendance included Ken Harader, Charles White, Patricia White, Cowley CourierTraveler reporter Cody Griesel and Ark City Daily Bytes reporter Jeni McGee. Business

Real Estate Purchase Agreement Resolution No. 2017-01-3073

City Clerk Shook presented for discussion a resolution approving a real estate purchase agreement with Red-Wood Development, Inc., of Joplin, Missouri, for the City-owned property located at 1401 S. Sixth St. City Manager Hernandez said conversations with Red-Wood started 2 1/2 years ago. At that time, the State of Kansas was not interested in the proposal, but the company received the go-ahead about six months ago. The plan is for 36 income-based and 12 market-rate units, for a total of 48, Hernandez said. This agreement is the next step in the process. Red-Wood needs it on file in order to apply for Low Income Housing Tax Credits. Hernandez said the agreement states everything that has been discussed, such as completing the walking path around Veterans Memorial Lake, constructing a public restroom and extending a sewer line to the property. The agreement gives Red-Wood five years to pursue tax credits, because the likelihood of being funded the first time is very low and it usually takes multiple tries, and allows 36 months to build once the credits are awarded. In return, the City would transfer the property to Red-Wood at no cost and likely abate 90 percent of the property taxes for the first 10 years in accordance with the Neighborhood Revitalization Program. Hernandez said that in the near future, he will propose to the commission to remove or amend the cap of $200,000 on a single parcel from that program, which can be detrimental to multi-family housing projects. He said Neighborhood Revitalization only comes into play if Red-Wood doesn’t pursue Industrial Revenue Bonds. Commissioner Tweedy asked if IRBs were an option. Hernandez said Red-Wood would prefer private financing. City Attorney Niles said the public might question why the City wouldn’t charge for the land, but explained that the public improvements that Red-Wood will pay for and then deed over to the City functions as a cost swap. She said there also is a benefit to the City for redeveloping that area, especially when the abatements will expire. Hernandez said the price of the sewer line and restroom would be at least $50,000, plus $5,000 for the trail.

City Commission of Arkansas City Special Call Meeting Minutes


Mayor Oestmann asked if the City will have any input in the trail improvements. Hernandez said they will have to meet Americans with Disabilities Act requirements from the existing trailhead back to the parking lot area. Niles said the contract specifies the trail will be the same type as that already in place, which is an asphalt trail. Commissioner Tweedy asked when the Phase I environmental report would take place. Hernandez said it would be on Red-Wood’s timeline. Niles said a negative report could end up nullifying the purchase agreement. Commissioner Jurkovich asked about the City’s recourse after closing. Niles said after 36 months have passed, if Red-Wood still has not built the housing complex, the City can demand payment of the appraised value. Commissioner Jurkovich asked how the property could be kept looking nice in the future if it is not maintained appropriately. Niles suggested the City would need to enforce its property maintenance code. Commissioner Jurkovich made a motion to approve the resolution. Commissioner Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the resolution approved and given Resolution No. 2017-01-3073. Adjournment Commissioner Welch moved to adjourn the meeting. Commissioner Tweedy seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the meeting adjourned at 12:24 p.m. THE ARKANSAS CITY BOARD OF CITY COMMISSIONERS _________________________ Duane L. Oestmann, Mayor ATTEST: ____________________________ Lesley Shook, City Clerk Prepared by: ____________________________ Andrew Lawson, Public Information Officer





Title: Consent Agenda Item: Ratify Mayor Duane Oestmann’s appointments to the Outstanding Young Student Award Committee.

Description: There currently are three vacancies on the Outstanding Young Student Award Committee. This board will begin its work in February or March, so it is important to fill the remaining vacancies before then. Sue Lancaster, Tammy Lanman-Henderson and Chris Tackett each have requested appointment to one of the positions. No other citizens have volunteered their names at this time. Lanman-Henderson also serves as chair of the Equal Opportunity and Accessibility Advisory Board, while Tackett is a member of the Public Building Commission. Each may be appointed to one additional board.




City Manager





Title: Consent Agenda Item: Ratify Mayor Duane Oestmann’s appointments of Arty Hicks, Carlla Pike, Liz Shepherd, Shawn Silliman, Dena Ward, and Sara Williams to the Convention and Visitors Bureau Board of Directors.

Description: The Convention and Tourism Committee officially became the Convention and Visitors Bureau Board of Directors on January 26, when Charter Ordinance No. 32 went into effect 60 days after final publication. Because the length of terms of the board members was changed by the City Commission from two years to three years, a problem of staggering now exists. Three members have terms expiring this August and three more have terms expiring in August 2018. The preferable schedule is two terms expiring each year. Additionally, the Board of Directors is interested in having new terms start closer to the beginning of the calendar and fiscal year, rather than halfway through. This would give new members time to get up to speed before the budget process begins in earnest in the spring and summer. The Board of Directors met (as the Convention and Tourism Committee) on January 12, 2017, and voted unanimously to recommend their reappointment to new three-year terms on the following schedule:

Membership Type New Term Begins New Term Ends

Liz Shepherd At Large February 7, 2017 January 1, 2018 Sara Williams Hotel / Tourism February 7, 2017 January 1, 2018 Carlla Pike At Large February 7, 2017 January 1, 2019 Dena Ward Hotel / Tourism February 7, 2017 January 1, 2019 Arty Hicks At Large February 7, 2017 January 1, 2020 Shawn Silliman Hotel / Tourism February 7, 2017 January 1, 2020

Staff recommends adopting this recommendation and appointing these six members to the new terms specified. All future reappointments would be for full three-year terms, as defined in Municipal Code.




City Manager

Board Vacancies as of January 31, 2017

Boards/Commissions/Committees/Councils Board Recommendations Applications Received/

Interest Expressed

Cowley County Council on Aging ― 1 Vacancy Accepting applications

Equal Opportunity and Accessibility Advisory

Board

Joaquin Retana, Daniel

Yocum

Outstanding Young Student Award Committee

― 3 Vacancies

Sue Lancaster, Tammy

Lanman-Henderson,

Chris Tackett

* Mayor’s Recommendation

Reappointments

Boards/Commissions/Committees/Councils Member(s) / Term

Expiration Date

Notes:

Historic Preservation Board Foss Farrar, Gordon Fry /

September 1, 2016

Both men desire

reappointment.

Applications Received / No Current Vacancies

Name Interest in serving on:

Michael Bergagnini South Central Kansas Medical Center Board of Trustees

Kay Cartee South Central Kansas Medical Center Board of Trustees

Michelle Dykes Arkansas City Recreation Commission

Dale Eggen Planning Commission / Board of Zoning Appeals

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

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

Bob Mathews Planning Commission / Board of Zoning Appeals

Harvey Owens Planning Commission / Board of Zoning Appeals

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

Chris Tackett Planning Commission / Board of Zoning Appeals

Michael Taylor Building Trades Advisory Board

Don Ward South Central Kansas Medical Center Board of Trustees

Jill Wineinger Planning Commission / Board of Zoning Appeals




Staff Contact Lesley Shook, City Clerk

Title: Consent Agenda Item: Approval of a temporary Cereal Malt Beverage (CMB) License on February 18, 2017 in the Agri-Business Building, 715 W. Washington Avenue, to Brittany Dunlap. Description: On December 20, 2016, the commission approved to allow the sale and consumption of cereal malt beverages within a restricted area of the Agri-business Building during the MMA event to be held on February 18, 2017. I have received a temporary CMB application from Brittany Dunlap, Owner of Britts Sports Bar and Grill. If approved, this will allow her to sell/serve CMB’s at the event. Commission Options: 1. Approve the temporary license. 3. Disapprove the temporary license. Fiscal Impact: Amount: Fund: Department: Expense Code:


City Manager

TEMPORARY

CEREAL MALT BEVERAGE LICENSE

Consumption on Premises, Temporary: Business Name Address Date Brittany Dunlap 712 W. Washington Avenue,

Agri-Business Building February 18, 2017 6:30 p.m. until Midnight

The above location has been reviewed by the proper authorities and is approved for licensing.

Item for City Commission Action Section VII Item 1

Meeting Date Department/Division Staff Contact 02/07/2017 Public Works Josh White, GIS

Technician/Planner

Title: A Resolution authorizing the City of Arkansas City, Kansas, to file an application for a Historic Preservation Fund Grant administered by the National Park Service for a historic survey of the Downtown Arkansas City Commercial District, pledging matching funds and/or in-kind services for said grant, and authorizing the mayor and/or city administration to execute any and all documents necessary to apply for and accept such grant.

Description: The Downtown Commercial Historic District was surveyed and created in 1983. Many things have changed in and around the district since then. The Historic Preservation Board desires to apply for a Historic Preservation Fund grant to cover the cost of hiring a consultant to create the historic survey. This project will not add or remove any properties to the historic district it will simply update the information on buildings in and around the district in the Kansas Historic Resources Inventory. The consultant would be selected by a competitive bidding process and must meet certain qualifications and would assist with the changes to the records and potentially make recommendations for any changes to the district. This information could then be used to propose any changes to the historic district in the future and would likely be under a separate grant. Individual properties can only be added to the Historic Registers (Local, State and National) with property owner consent and a district can only be created/modified with a majority of the property owners consenting. The grant requires a 40% match but the 40% can be in salaries and volunteer labor. The proposed budget for the grant does include enough salaries and labor so that the city should not have to pay cash directly. The grant does operate on a reimbursement basis so any expenses would have to be incurred up front and then reimbursed at the close of the grant in the summer of 2018. The funds for this program come from Outer Continental Shelf mineral receipts. The grant application is attached which includes the proposed budget for the project. The final grant application is due March 18.

Commission Options: 1. Approve the Resolution 2. Disapprove the Resolution 3. Table the Resolution for further consideration

Fiscal Impact: Amount: See below Fund: Department: Expense Code:

Included in budget Grant Bonds Other (explain) Match in the form of salaries, volunteer labor, and administrative costs. Cash will only be required if the match from the other sources is insufficient. Total match required according the budget should not exceed $8,667. The grant should pay for the consultant in the amount not to exceed $13,000. Total project budget $21,667. Approved for Agenda by:

City Manager

RESOLUTION NO. 2017-02- A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY, KANSAS, TO FILE AN APPLICATION FOR A HISTORIC PRESERVATION FUND GRANT ADMINISTERED BY THE NATIONAL PARK SERVICE FOR A HISTORIC SURVEY OF THE DOWNTOWN ARKANSAS CITY COMMERCIAL DISTRICT, PLEDGING MATCHING FUNDS AND/OR IN-KIND SERVICES FOR SAID GRANT, AND AUTHORIZING THE MAYOR AND/OR CITY ADMINISTRATION TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO APPLY FOR AND ACCEPT SUCH GRANT. WHEREAS, The Historic Preservation Fund (HPF) is a grant program administered by the National Park Service (NPS). Funds for the HPF program are derived from Outer Continental Shelf mineral receipts. Each year the NPS provides the Kansas State Historic Preservation Office (SHPO) with funds that finance its operations, salaries and grants. Ten percent of those grant funds awarded to the SHPO must be passed through to Certified Local Governments (CLGs) per federal regulations. Grants reimburse up to 60% of project costs, and; WHEREAS, the City of Arkansas City was recognized as a Certified Local Government (CLG) by the National Park Service in 2012, and; WHEREAS, the Arkansas City Historic Preservation Board and staff wish to pursue such a grant to conduct a resurvey of the City’s downtown historic district as the last such survey was completed in 1983 and has become outdated, and; WHEREAS, the Governing Body wishes to express its support for said grant application. BE IT RESOLVED BY THE GOVERNING BODY 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 subserved as such as to authorize the City to file an application to participate in the Historic Preservation Fund grant program, as administered by the National Park Service, for a survey of the Downtown Arkansas City Commercial District. The total project budget is $21,667 with the grant covering 60% and the City being required to provide a 40% match. The Governing Body hereby pledges to provide a 40% match in the form of salaries, volunteer labor and indirect expenses and remaining match, if any is required, in cash. SECTION TWO: Should the City of Arkansas City receive a grant from the Historic Preservation Fund as administered by the National Park Service, the Governing Body hereby authorizes and directs the City to accept such monies. SECTION THREE: The Governing Body hereby authorizes and directs the City the Mayor, City Clerk, and/or City Administration to execute any and all documents necessary to consummate the legislative purposes and intents as expressed in this Legislative Enactment, including executing application and/or acceptance documents, and, if executed by the Mayor (or other person authorized by law to act in the event of the absence or inability of the Mayor to act), the City Clerk (or Deputy City Clerk) is directed to attest to and affix the official seal of the City thereon; the City Manager shall act as the official representative of the City for this and all subsequent related activities. PASSED AND RESOLVED by the Governing Body of the City of Arkansas, Kansas this __ day of __________, 2017.

________________________________ Duane L. Oestmann, 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. 2017-02-____ of the City of Arkansas City, Kansas adopted by the governing body on _______, 2017 as the same appears of record in my office. DATED: _________________ Lesley Shook, City Clerk

FY2017 Historic Preservation Fund Grant Application

Use this form as your application cover sheet.

1. Applicant (Subgrantee): City of Arkansas City ________________________________________________

Authorized Signatory (type or print): Nickolaus Hernandez, City Manager __________________________ Authorized Signatory (signature): _____________________________________________________ Mailing Address: 118 W Central Ave ________________________________________________________ Arkansas City, KS 67005 __________________________________________________________________

2. Contact Person: Josh White, GIS Technician/Planner __________________________________________ Mailing Address: 118 W Central Ave ________________________________________________________ Arkansas City, KS 67005 __________________________________________________________________ Telephone Number: 620-441-4420 _________________________________________________________ E-mail: [email protected] _________________________________________________________ 3. Applicant Name and DUNS Number of Applicant: _______________________________________

4. U.S. Congressional District: 4 _____________________________________________________________ 5. Is this application being submitted by a Certified Local Government (CLG) ? Yes _x_ No __ _

6. Project Title: Resurvey of Downtown Commercial Historic District ________________________________ 7. Project Beginning Date: June 2017 Project Ending Date: April 2018

8. Project Type:

x Survey and Inventory Preservation Assistant National Register nomination Educational Activity Preservation Plan or Ordinance Other Design Review Guidelines

9. Estimated Project Costs:

Total Project Cost $21,667

Federal Share (60%) $13,000 Total Match (40%) $8,667

Cash Match $7,217

In-Kind Match $1,450

A. PROJECT RATIONALE AND OBJECTIVES Arkansas City is situated on a hill above the Arkansas and Walnut rivers, which mostly surround the city. The town was originally laid out in 1870 under various names, including Adelphi, Walnut City, Creswell and finally Arkansas City. It was formally incorporated as Arkansas City in 1872. The City grew quickly in the early years, but most of the early wood-frame buildings were replaced in the 1880s by stone and brick buildings, many with elaborate cast-iron trim. Through the years, a number of structures that aren’t completely compatible with the downtown area were built, but there are still a great number of outstanding buildings that are potentially individually eligible for listing in the National Register. In 1983, a survey was conducted in the downtown area and the Arkansas City Commercial Center Historic District was formed. There is no evidence in City files to determine whether additional buildings were surveyed, but not included in the historic district. Since 1983, there have been a number of new buildings constructed, and several buildings have been torn down for parking lots or new buildings. There are a number of buildings just outside of the current district that have either become eligible since the original survey in 1983 or, for whatever reason, were left out of the original district nomination. The original district contained 75 buildings and today there may be as many as 25 more that potentially are eligible for inclusion in the district. This project would update the survey of the downtown district to evaluate the possibility of an amendment to the downtown commercial historic district. This grant would fund the resurvey and potentially a second grant could fund the nominations in 2018 or a future year. The City and its Historic Preservation Board feel that this project to resurvey the current district and survey the fringe buildings just outside the district directly aligns with the City’s Comprehensive Plan goal to “promote the maintenance and preservation of historical resources such as Burford Theater, the downtown district, Ireland Hall, Pilgrim Congregational Church, and other historic structures,” as well as its accompanying action item to “Give careful consideration to the possible impacts of development on nearby historic and cultural properties when taking action on zoning applications, demolition permits and other necessary city approvals.” We believe that identifying the historic and cultural resources of our community can assist us with this goal. The City, realizing the importance of preservation, became a Certified Local Government in 2012. Funding for these types of projects is generally limited and this grant will make this a possibility. Staff and volunteer labor will be utilized as part of this project, but a paid consultant is needed to ensure the process is properly completed. We further believe that this project meets the medium priority of the state by updating information in older National Register and National Landmark nominations, and updating information in older existing surveys.

B. PROJECT DESCRIPTION AND PRODUCTS

1. Products. At this time, the City of Arkansas City desires to utilize this grant funding to hire a historic preservation consultant that will work with the City and the Arkansas City Historic Preservation Board to prepare a historical survey report and create or update inventory records in the Kansas Historic Resources Inventory (KHRI) database for the Downtown Historic Commercial District and surrounding areas. This survey could then be utilized for future nominations to the State and National Registers, and expansion of the current historic district as appropriate. An updated survey on its own will help to raise awareness and generate merited recognition to the important historic resources in our community. An Article for Kansas Preservation, a publication of the Kansas State Historic Society, will also be contributed that reports the results of this project. All work will meet the requirements in the Historic Preservation Fund (HPF) 2017 Grant Products Manual, National Register Bulletin 24, and the HPF Grant-Funded Survey Requirements FY 2017.

2. Implementation. Once awarded funding assistance, the Historic Preservation Board will seek a

qualified preservation consultant immediately through the City’s Request for Qualifications (RFQ) process. Once the consultant is identified and is in place, the survey work will commence.

Estimated Timeline:

Requests for Proposals released June 1, 2017

Requests for Proposals responses due June 27, 2017

Consultant Selected July 5, 2017

Meeting with SHPO and Consultant July 18, 2017

Contract Agreement signed August 1, 2017

Project Research and Site Work August 2017-January 2018

Submit Survey and Survey Report January 31, 2018

Receive Comments from SHPO February 28, 2018

Second meeting with SHPO and Consultant to Discuss Draft Survey Report

March 14, 2018

Submit Final Electronic Survey Forms and Report

April 4, 2018

Submission of Article to Kansas Preservation April 18, 2018

Completion Report, Reimburse Request April 30, 2018

3. Project Boundaries. Please see an attached map of the area. The district consists of five commercial blocks along Summit Street and 2 1/2 blocks of 5th Avenue adjacent to Summit Street. The project extends from approximately Chestnut Avenue down to Jefferson Avenue, generally alley to alley on both sides of Summit Street, and on 5th Avenue from 2nd Street to “A” Street.

4. Acres. The project, including the proposed properties outside of the current district,

encompasses approximately 19 acres. 5. Digital Images and Documents. A CD is included with digital images and resources associated

with the project area. A few printed images are also included.

C. APPLICANT ORGANIZATION AND PERSONNEL 1. Organization. The applicant organization is the City of Arkansas City. The project is supported

through the staffing and facilities of the Arkansas City Public Works Department, with the aid of the Arkansas City Historic Preservation Board. The Public Works Department staff contact is Josh White, who will manage the project on a daily basis. All financial and accounting measures will be handled by the Public Works Administrative Assistants, as well as the Finance Department staff.

In addition to organization personnel, the City of Arkansas City will hire a qualified and experienced consultant to perform the survey of the designated areas within the Downtown area. This consultant will meet the Secretary of the Interior’s Professional Qualifications Standards, and will be selected through established protocol of the City of Arkansas City.

2. Role of Historic Preservation Board. The Historic Preservation Board will be involved in the

project by choosing the historic preservation consultant, reviewing drafts of the survey report and KHRI records, serving on the project team, and assisting as needed throughout the project.

3. Résumés. If awarded funding, the Historic Preservation Board will begin seeking a qualified preservation consultant that is consistent with the State Historic Preservation Office and the Secretary of the Interior’s Historic Preservation Professional Qualification Standards.

4. Additional Resource Persons. N/A 5. Previous HPF Grant Funding. No, this will be the first grant application for an HPF grant for the

City of Arkansas City. 6. Other Funding Sources. N/A

7. Application Support. Letter of Support is attached. D. PUBLIC EDUCATION AND IMPACT

The public will be informed about the project through mailings to property owners, as well as two public meetings, one at the beginning and one at the end of the project. The survey report also will be available on the City’s website upon completion and will be distributed to local media for publication. The City also has a Facebook page where updates may be posted. The success of the project will be measured from public feedback in the form of support for an amendment.

E. PROJECT BUDGET NOTE: There are two parts to the Project Budget Section. These include, 1) the Budget Chart and, 2) the Budget Narrative. Be sure to complete both parts. A sample budget chart and description can be found at the end of this application. 1. Budget Chart. See attached form.

2. Budget Narrative. 1. Salaries

o Grant Administrator will be GIS Technician/Planner, Josh White. 190 hours x $33.13 per hour = approximately $6,250.00

o City Historic Preservation Board will advise on hiring of consultant and will assist with

public meetings. 5 board members x $7.25 per hour x 40 hours = $1,450

o A consultant will be hired to produce the survey. It is estimated that the total cost for

consultant services will be $13,000.

o Indirect expenses of $317 were added to account for miscellaneous administrative costs.

4. Communication

Notifications will be mailed to property owners in the survey area. o 2 mailings x 100 property owners= $100.00

6. Printing & Advertising

Flyers will be printed to be mailed to all property owners giving notice of public meetings. Public meetings will also be publicized via local media outlets (i.e. newspapers, websites, etc.)

o Estimated costs for publications = $500.00

*Accounting system used by the City is its standard accounting and auditing practices. Annual audits meet the OMB Circular A-128 audit guidelines. Two copies of the audit will be submitted to the SHPO upon request.

E. Project Budget Chart

BUDGET ITEMS

1. RECIPIENT MATCH 2. INDIRECT EXPENSES

3.FEDERAL SHARE

4. TOTAL

a) CASH b) IN-KIND Maximum 10% of salaries.

1. SALARIES (list each separately)

Administrator

$6,250

$6,900

Surveyor

Secretary

Volunteer(s) $1,450 $1,450

Bookkeeper

Others $317 $317

Consultant $13,000 $13,000

2. Mileage

3. Expendable Supplies

4. Communication $150 $150

5. Office Rent

6. Printing and Advertising

$500 $500

7. Utilities

8. Equipment Rent

9. Equipment Maintenance

10. Insurance and Bonding

11. Other

TOTAL

$6,900 $1,450 $317 $13,000 $21,667

*Totals on this page should match totals on cover sheet of application.

1a+1b+2=40% 3=60% 4=100%

ASSURANCES

Applicants must agree to the following assurances for their applications to be considered for funding. Applicants hereby agree and acknowledge that: (1) if they are awarded funds, they will conduct their operations in accordance with Title VI and VII of the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, as amended, the Kansas Act Against Discrimination, and the Americans With Disabilities Act of 1990 which bar discrimination against any employee, applicant for employment, or any person participating in any sponsored program on the basis of race, creed, color, national origin, religion, sex, age, or physical or mental disability, and require compensation for employment at no less than minimum wage requirements, and will provide safe and sanitary working conditions; (2) all consultants and contractors hired to implement the project activities must be hired through competitive procurement procedures as outlined in the 2016 HPF Grant Guide to be received at grant orientation; (3) they will perform no work for which reimbursement will be requested or match claimed until (a) they have been notified that their application was approved; (b) a project agreement has been signed by the applicant and the State Historic Preservation Officer; and (c) they have been notified in writing that the work may begin; (4) they have sufficient funds to match the Historic Preservation Fund grant and will pay for materials and services pending reimbursement by the Kansas Historical Society; (5) they will carry out the project in accordance with the relevant standards and guidelines developed by the Secretary of the Interior for Preservation Planning, Identification, Evaluation, and Registration; (6) they will follow the guidelines established by the Kansas State Historic Preservation Office and the U.S. Department of the Interior for the Historic Preservation Fund grant-in-aid; (7) they will notify the Kansas State Historic Preservation Office of any changes in the source or sources of the match, the project conditions, project scope of work, personnel changes, or of any other factors that might affect the progress, completion or outcome of the project; (8) the filing of this application has been approved by the legally authorized governing body of the applicant, if applicable; (9) the facts, figures, and information contained in this application, including all attachments, are true and correct. The submission of fraudulent information is grounds for the cancellation of a Historic Preservation Fund grant; and (10) all components of the grant application, including mandatory attachments are included and no additional or missing materials will be submitted after the stated application deadline. _______________ ________________________________________ Date Signature of Authorized Signatory

________________________________________ Typed Name and Title of Signatory

U.S. DEPARTMENT OF THE INTERIOR ASSURANCE OF COMPLIANCE

(Title VI, Civil Rights Act of 1964) _____________________________________________(hereinafter called Applicant-Recipient) HEREBY AGREES THAT IT will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Department of the Interior Regulation (43 CFR 17) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the grounds of race, color, national origin, age, or handicap be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives financial assistance from the National Park Service and, HEREBY GIVES ASSURANCE THAT IT will immediately take any measures to effectuate this agreement.

If any real property or structure thereon is provided or improved with the aid Federal financial assistance extended to the Applicant-Recipient by the National Park Service, this assurance obligates the Applicant-Recipient, or in the case of any transfer of such property, any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or benefits. If any personal property is so provided, the assurance obligates the Applicant-Recipient for the period during which it retains ownership or possession of the property. In all other cases, this assurance obligates the Applicant-Recipient for the period during which the Federal financial assistance is extended to it by the National Park Service. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts or other Federal financial assistance extended after the date hereof to the Applicant-Recipient by the bureau or office, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Applicant-Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant-Recipient, its successors, transferees, and assignees, and the person or persons whose signature appear below are authorized to sign this assurance on behalf of the Applicant-Recipient. _________________ Date ____________________________________________________ Applicant-Recipient by__________________________________________________ (President, Chairman of Board, Mayor, or comparable authorized official) ____________________________________________________ Applicant-Recipient's Mailing Address

DI-1350

OMB Approval No. 0348-0040

ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503

PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.

Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the

awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant:

1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application.

2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.

3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.

5. Will comply with the Intergovernmental Personnel Act of

1970 (42 U.S.C. 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).

6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as

amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of

the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicaps; (d)

the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of

age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or

alcoholism; (g) 523 and 527 of the Public Health Service Act

of 1912 (42 U.S.C. 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient

records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application.

7. Will comply, or has already complied, with the requirements of Titles II and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.

8. Will comply, as applicable, with the provisions of the Hatch

Act (5 U.S.C. 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

9. Will comply, as applicable, with the provisions of the Davis-

Bacon Act (40 U.S.C. 276a to 276a-7), the Copeland Act (40

U.S.C. 276c and 18 U.S.C. 874) and the Contract Work

Hours and Safety Standards Act (40 U.S.C. 327-333), regarding labor standards for federally assisted construction subagreements.

10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more.

11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972

(16 U.S.C. 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c)

of the Clear Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205).

12 Will comply with the Wild and Scenic Rivers Act of 1968 (16

U.S.C. 1721 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966,

as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and

Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).

14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance.

15. Will comply with the Laboratory Animal Welfare Act of 1966

(P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance.

16. Will comply with the Lead-Based Paint Poisoning Prevention

Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead- based paint in construction or rehabilitation of residence structures.

17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act

Amendments of 1996 and OMB Circular No. A-133, Audits of

States, Local Governments, and Non-Profit Organizations.

18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program.

Standard Form 424B (Rev. 7-97) Back

SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL

TITLE

APPLICANT ORGANIZATION

DATE SUBMITTED

S A ST

S 1ST

ST

S 2ND

ST

S 3RD

ST

S SUM

MIT S

T

N A ST

N 1ST

ST

N 2ND

ST

N SUM

MIT S

T

W ADAMS AVE

W MADISON AVE

W WALNUT AVE

W CENTRAL AVE

W 5TH AVE E 5TH AVE

W JEFFERSON AVE

W WASHINGTON AVE

E ADAMS AVE

E WALNUT AVE

E CENTRAL AVE

E CHESTNUT AVE

E MADISON AVE

E WASHINGTON AVE

Produced by the City of Arkansas City GIS using the best available data to date. 12/23/2015

Historic DistrictSurvey Parcels

Historic District



Department/Division City Attorney

Staff Contact Tamara Niles

Title: Consider first reading of an Ordinance modifying the Municipal Code of the City of Arkansas City Section 58-24, regarding illegal registration, illegal out-of-state tag. (Roll Call Vote) Description: Kansas law requires vehicles operated within this State be registered within this State, but many Arkansas City residents illegally register their vehicles in Oklahoma to avoid Kansas property tax. While the City has currently adopted Kansas statute by reference to allow prosecution of illegal registration in Arkansas City Municipal Court, the proposed Ordinance incorporates all of the relevant statutes and provides clear notice regarding who is required to register their vehicles in Kansas, and notifies those people that operating an illegally-registered vehicle will result in a Municipal Court prosecution. Generally, the following people are required to register their vehicles in Kansas:

1. the owner or driver is registered to vote in Kansas; 2. the owner or driver maintains an office within Kansas to lease or rent motor vehicles, if such motor

vehicles are operated within the state for a period exceeding 60 days; 3. the owner or driver, other than a student, owns, leases or rents a place of domicile within Kansas and

remains in the state for a period exceeding 90 days, except for infrequent or brief absences; 4. the owner or driver enrolls the person's child in a school district, all or any part of which is located in

Kansas, unless out-of-state tuition is being charged for the attendance of the child at school in such school district;

5. the owner or driver has a place of domicile in Kansas and has accepted employment or engages in any trade, profession or occupation (including agricultural) within this state;

6. the owner or driver maintains a main or branch office or warehouse facility within Kansas or bases and operates motor vehicles in such state, if such motor vehicles are garaged in such state for a period exceeding 90 days; or

7. the owner or driver operates motor vehicles in intrastate haulage in Kansas, if such motor vehicles are garaged in this state for a period exceeding 90 days.

The goal of this Ordinance is to encourage people to properly register their vehicles, not to prosecute. Therefore, we anticipate we will publicize these requirements and provide advance notice that we will begin prosecuting, to allow sufficient time to properly register vehicles before issuing any citations. Commission Options: 1. Approve the Ordinance on first reading. 2. Take no action to allow for a second reading. 3. Disapprove the Ordinance. Fiscal Impact: Amount: Fund: Department: Expense Code:

Included in budget Grant Bonds Other (explain)

Approved for Agenda by:

City Manager

ORDINANCE NO. 2017-___-______

AN ORDINANCE MODIFYING THE MUNICIPAL CODE OF THE CITY OF ARKANSAS CITY SECTION 58-24, REGARDING ILLEGAL REGISTRATION, ILLEGAL OUT-OF-STATE TAG. WHEREAS, current Municipal Code prohibits persons from operating a vehicle with an illegal out-of-state license plate; and WHEREAS, this is a systemic problem in Arkansas City, as the State of Oklahoma routinely issues license plates to Arkansas City citizens and/or those who are required to register their vehicles in the State of Kansas, for a significantly reduced rate than imposed by the State of Kansas; and WHEREAS, Kansas law, through various statutes including Kan. Stat. Ann. 8-127 et seq, 8-138a, 8-1,138, lays out who must register their vehicles within the state of Kansas; and WHEREAS, the Governing Body desires to amend Municipal Code to provide a clear framework for who must register these vehicles in the state of Kansas under state law, and thereby provide a clear vehicle for enforcement in Arkansas City Municipal Court. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: AMENDMENT TO MUNICIPAL CODE. The Governing Body of the City of Arkansas City hereby amends Section 58-24 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through, new provisions in italics):

Sec. 58-24. - Section 198 of the Standard Traffic Ordinance amended; Vehicle license, illegal tags, illegal out-of-state tag.

(a) It shall be unlawful for any person to:

(1) Operate, or for the owner thereof knowingly to permit the operation, upon a highway of any vehicle which is not registered, or for which a certificate of title has not been issued or which does not have attached thereto and displayed thereon the license plate or plates assigned thereto by the state division of vehicles department of revenue for the current registration year, including any registration decal required to be affixed to any such license plate pursuant to K.S.A. 8-134, and amendments thereto, subject to the exemptions allowed in K.S.A. 8-135, and 8-198, and 8-1751a. and amendments thereto. A violation of this subsection (1) by a person unlawfully claiming that a motor vehicle is exempt from registration as a self-propelled crane under K.S.A. 8-128(b) and amendments thereto, shall constitute a violation punishable by a fine of not less than $500. A person shall not be charged with a violation of this subsection (1) for failing to display a registration decal on any vehicle except those included under K.S.A. 8-1,101 and K.S.A. Supp. 8-143m and 8-1,152, and amendments thereto, up to and including the 10th day following the expiration of the registration if the person is able to produce a printed payment receipt or electronic payment receipt from an online electronic payment processing system for the current 12-month registration period. Any charge for failing to display a registration decal up to and including the 10th day following the expiration of the registration shall be dismissed if the person produces in court a registration receipt for the current 12-month registration period which was valid at the time of arrest.

(2) Display or cause or permit to be displayed, or to have in possession, any registration receipt, certificate of title, registration license plate, registration decal, accessible parking placard or accessible parking identification card knowing the same to be fictitious or to have been canceled, revoked, suspended or altered. A violation of this subsection (2) shall constitute an ordinance violation punishable by a fine of not less than $100 and forfeiture of the item. A mandatory court appearance shall be required of any person violating this subsection (2). This subsection (2) shall not apply to the possession of: (A) Model year

license plates displayed on antique vehicles as allowed under K.S.A. 8-172, and amendments thereto; or (B) Distinctive license plates allowed under K.S.A. 8-1,147, and amendments thereto.

(3) Lend to or knowingly permit the use by one not entitled thereto any registration receipt, certificate of title, registration license plate or registration decal issued to the person so lending or permitting the use thereof.

(4) Remove, conceal, alter, mark or deface the license number plate or plates or any other mark of identification upon any vehicle. License plates shall be kept clean and they shall be placed on all vehicles within the city as required by law so as to be plainly legible.

(5) Carry or display a registered number plate or plates or registration decal upon any vehicle not lawfully issued for such vehicle.

(6) Drive a vehicle required to be registered in the State of Kansas¸ but registered in another state, as follows: Violate the registration provisions for state residents and motor vehicles as contained in K.S.A. 8-1,138 (Illegal Out-of-State Registration).

(i) As required by Kan. Stat. Ann. 8-127, every owner of a motor vehicle, motorized bicycle, trailer or semitrailer (collectively “vehicle”) intended to be operated upon any highway in this state, whether such owner is a resident of this state or another state, or such vehicle is based in this state or another state, before any such vehicle is operated in this state, shall apply for and obtain registration in this state unless specifically excepted by law.

(ii) The following shall be prima facie evidence that a vehicle requires registration in this state:

(a) the vehicle is operated in this state; and (b) one or more of the following applies:

8. the address on the current registration is a Kansas address; 9. the owner or driver is registered to vote in Kansas; 10. the owner or driver maintains an office within Kansas to lease or rent motor

vehicles, if such motor vehicles are operated within the state for a period exceeding 60 days;

11. the owner or driver, other than a student, owns, leases or rents a place of domicile within Kansas and remains in the state for a period exceeding 90 days, except for infrequent or brief absences;

12. the owner or driver enrolls the person's child in a school district, all or any part of which is located in Kansas, unless out-of-state tuition is being charged for the attendance of the child at school in such school district;

13. the owner or driver has a place of domicile in Kansas and has accepted employment or engages in any trade, profession or occupation (including agricultural) within this state;

14. the owner or driver maintains a main or branch office or warehouse facility within Kansas or bases and operates motor vehicles in such state, if such motor vehicles are garaged in such state for a period exceeding 90 days; or

15. the owner or driver operates motor vehicles in intrastate haulage in Kansas, if such motor vehicles are garaged in this state for a period exceeding 90 days.

(iii) If the City establishes prima facie evidence that the vehicle requires registration in this state, the defendant shall have the burden to prove the application of an exception, such as:

(a) the owner or primary driver is a student who is enrolled for at least nine hours of credit at a college or university in this state, if the student has a domicile in another state and has a valid driver's license and vehicle registration issued by the state of domicile;

(b) the owner is a member of the armed forces who is stationed in this state, provided such member’s vehicles are properly registered in such member’s state of residence;

(c) statutory and/or case law proof that the vehicle is required by law to be registered in another state; or

(d) the vehicle is owned by a nonresident of this state, and it is operated primarily for the transportation of the owner or the owner and one or more nonpaying passengers.

(b) Any person violating subsections (a)(1), (a)(2) or (a)(3) shall be punished by a fine not exceeding $2,500, or by imprisonment for not less than 30 days nor more than six months, or by both such fine and imprisonment. Any person violating subsections (a)(4), (a)(5) or (a)(6) shall be punished as provided in section 201(d) of this ordinance.

SECTION TWO: 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 said publication. PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas this ____ day of _______________________, 2017.

__________________________________ Duane L. Oestmann, Mayor ATTEST: _____________________________________ Lesley Shook, City Clerk DRAFTED AND 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 Ordinance No. 2017-0___-___ of the City of Arkansas City, Kansas adopted by the City Commission on ____________________, 2017 as the same appears of record in my office. DATED: _________________. Lesley Shook, City Clerk



Department/Division Public Works

Staff Contact Eric Broce

Title: Consider a Resolution authorizing the purchase of two new sanitation trucks from Downing Sales & Services, Inc. for an amount not to exceed $347,205.00. (Voice Vote)

Description: The City is in need of a new 20 yard single axle sanitation truck and a new 25 yard tandem axle sanitation truck. Staff solicited bids and recommends the City purchase the new trucks from Downing Sales & Services, Inc., Phillipsburg, Missiouri.

Commission Options: 1. Approve the Resolution 2. Disapprove the Resolution 3. Table the Resolution for further consideration.

Fiscal Impact: Amount: $347,205.00 Fund: 19 (Sanitation) Department: 541 (Sanitation) Expense Code: 7405 (Machinery/Equipment)


City Manager

RESOLUTION NO. 2017-02 A RESOLUTION AUTHORIZING THE PURCHASE OF TWO NEW SANITATION TRUCKS FROM DOWNING SALES & SERVICES, INC. FOR AN AMOUNT NOT TO EXCEED $347,205.00. 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 two new sanitation trucks from Downing Sales & Service, Inc. at a cost not to exceed $347,205.00. Such Agreement shall be in substantially the same form as that attached hereto, which is incorporated herein by reference. SECTION TWO: That the Governing Body of the City of Arkansas City 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 City Commission of the City of Arkansas City. ADOPTED AND APPROVED by the governing body of the Arkansas City, Kansas, on February 7, 2017. (Seal) Duane L. Oestmann, 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. 2017-02-____ of the City of Arkansas City, Kansas adopted by the governing body on February 7, 2017 as the same appears of record in my office. DATED: _________________ Lesley Shook, City Clerk



Department/Division Police

Staff Contact Chief Dan Ward

Title: Consider a Resolution approving the purchase of two 2017 Ford Police Pursuit rated Utility Interceptors from Reedy Ford for an amount not to exceed $58,452.00. (Voice Vote)

Description: The two 2015 Ford Sedans currently being used on patrol by supervisors will be moved to the SRO’s to replace a 2006 Dodge Charger and a 2008 Ford Crown Victoria. $65,000 was budgeted in the 2017 for this vehicle replacement.

Commission Options: 1. Approve the Resolution. 2. Disapprove the Resolution. 3. Table the Resolution for further consideration.

Fiscal Impact: Amount: $58,452 Fund: 01 Department: 421 Expense Code: 7403 (Police/Motor Vehicles)


City Manager

RESOLUTION NO. 2017-02 A RESOLUTION APPROVING THE PURCHASE OF TWO 2017 FORD POLICE PURSUIT RATED UTILITY INTERCEPTORS FROM REEDY FORD FOR A TOTAL OF $58,452.00 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 two 2017 Ford Police Pursuit rated Utility Interceptors from Reedy Ford for an amount not to exceed $58,452.00. SECTION TWO: That the Governing Body of the City of Arkansas City 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 City Commission of the City of Arkansas City. ADOPTED AND APPROVED by the governing body of the City of Arkansas City, Kansas, on February 7, 2017. (Seal) Duane L. Oestmann, 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. 2017-02-____ of the City of Arkansas City, Kansas adopted by the governing body on February 7, 2017 as the same appears of record in my office. DATED: _________________ Lesley Shook, City Clerk

2017 ACPD Pursuit Utility Vehicles Bids

Vehicle Type Ford Utility Interceptor Ford Utility Interceptor Ford Utility Interceptor

Reedy Ford Shawnee Mission Ford Rusty Eck Ford

Vehicle Base Price (2 vehicles) 51,680$ 50,740$ 50,728$

Emergency equipment options (2 vehicles) 12,772$ 12,772$ 12,610$

Trade In Allowance (2 vehicles) 6,000$ 2,700$ 2,500$

Total (2 vehicles) 58,452$ 60,812$ 60,838$



Department/Division City Manager / Public Works

Staff Contacts Andrew Lawson / Mike Crandall

Title: Consider a Resolution creating the 2017 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 2018 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 2018 budget process in the spring and summer. An insert in the December 2016 utility bills asked residents to submit their ideas for projects they would like to see the City complete in future years. Citizens also were requested to rank the importance of a curbside recycling program to them personally. Staff have been collecting and collating the responses. In order to expedite the planning process, residents were asked to return the forms by January 31, 2017. 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 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 February, 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 discussion at a future meeting.




City Manager

RESOLUTION NO. 2017-02-____ A RESOLUTION CREATING THE 2017 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 early 2017; and WHEREAS, the 2017 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 2018 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 City Commission should prioritize CIP requests; and WHEREAS, 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; and WHEREAS, the CIP Committee will meet three to five times in February, March, and April to discuss and prioritize projects, with the work of the committee anticipated to wrap up by the end of April 2017; and WHEREAS, the recommendations of the CIP Committee will be presented to the City Commission, along with staff recommendations, as part of the 2018 budget process in the spring and summer of 2017. 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 2017 Capital Improvement Planning Committee and authorizes said CIP Committee to evaluate Arkansas City citizens’ suggestions for projects to possibly be included in the 2018 budget and/or Capital Improvement Plan. SECTION TWO: The Governing Body of the City of Arkansas City 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, 2017. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 7th day of February, 2017. (Seal)

Duane L. Oestmann, 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. 2017-02-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on February 7, 2017, as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

Item for City Commission Action Section VII Item 5a


Department/Division City Manager / Public Works

Staff Contacts Andrew Lawson / Mike Crandall

Title: Ratify Mayor Duane Oestmann’s appointments to the 2017 Capital Improvement Planning Committee. (Voice Vote)

Description: The following Arkansas City residents have expressed interest in being appointed to the 2017 CIP Committee:

Employment Other Board Positions

Jereldine Barnes David Coberley Melinda Cushenberry MidAmerican Credit Union Chris Dancy Retired Citizens Advisory Council Gary Hale Cowley College Northwest Community Center Advisory Board Barbara Hernandez Doris Herrera Jeni McGee Ark City Daily Bytes Jean Phillips Dennis Rittle Cowley College Outstanding Young Student Award Committee Scott Rogers Rogers Family Dentistry Planning Commission/Board of Zoning Appeals E.W. “Bud” Shelton Kathy Sparks John Sturd RCB Bank

Commissioners may feel free to appoint as few or as many of these individuals as they see fit. The CIP Committee has no defined size, although steering committees of around 7-9 citizens tend to function best. The current idea is for 6-7 staff members to serve on the CIP Committee, likely including the City Manager, Finance Director, Public Works Director, Fire Chief, Police Chief, and Parks and Facilities Superintendent. Staff thus recommends appointing a minimum of 6-7 Arkansas City residents to counterbalance those staff members and provide adequate citizen representation.

Commission Options: 1. Ratify the appointments. 2. Disapprove the appointments. 3. Table the appointments for discussion at a future meeting.




City Manager