City Commission

OTTAWA CITY COMMISSION STUDY SESSION AGENDA Monday, January 9, 2023 - 4:00 pm Ottawa City Hall - 101 S. Hickory In accordance with Kansas Open Meetings Act (KOMA), the Citizens may attend in person, VIA ZOOM or submit comments meeting can be viewed live on Channel 23 and via Facebook Live (300 words or less) for the City Commission. To submit your public or listened to by dialing: 1-312-626-6799 and entering meeting comment or to request the meeting Zoom link to give a public ID 919 2144 9005#. comment, email publiccomments@ottawaks.gov no later than If you need this information in another format or require a 2:00 pm on January 9, 2023; all emails must include your name reasonable accommodation to attend this meeting, contact the and address. City’s ADA Coordinator at 785-229-3621. Please provide advance Participants who generate unwanted or distracting noises may be notice of at least two (2) working days. TTY users please call 711. muted by the meeting host. If this happens, unmute yourself when you wish to speak. PUBLIC COMMENTS Subject to the above restrictions, persons who wish to address the City Commission regarding items on the agenda may do so as that agenda item is called. Persons who wish to address the City Commission regarding items not on the agenda and that are under the jurisdiction of the City Commission, may do so at this time when called upon by the Mayor. Comments on personnel matters and matters pending in court or with other outside tribunals are not permitted. Speakers are limited to three minutes. Any presentation is for informational purposes only. The Governing Body will take comments under advisement. ITEMS TO BE PLACED ON THE REGULAR CITY COMMISSION AGENDA 1. Proclamation Recognizing January 16, 2023 as Dr Martin Luther King, Jr. Day (P. 3) (to be presented at meeting - Richard Jackson will accept) 2. Proclamation Recognizing January 2023 as Human Trafficking Awareness Month (P. 4) 3. Proclamation Recognizing January 29, 2023 as Kansas Day (P. 5) 4. Minutes (Pp. 6 - 14) A. December 7, 2022 Regular Meeting B. December 19, 2022 Study Session C. December 21, 2022 Regular Meeting ITEMS FOR PRESENTATION AND DISCUSSION 1. Review of 2023 Funding Agreements with Prairie Paws Animal Shelter, Ottawa Main Street Association, Franklin County Development Council and Elizabeth Layton Center - Richard U. Nienstedt / Melanie Landis (Pp. 15 - 22) 2. Ordinance Revising Article 7 of Municipal Code on Cemeteries - Dennis Tharp (Pp. 23 - 24) 3. Resolution for Wastewater Rates - Melanie Landis / Dennis Tharp (Pp. 25 - 27) 4. Resolution for Water Rates - Melanie Landis / Dennis Tharp (Pp. 28 - 44) 5. Comments by City Manager 6. Comments by City Commissioners 7. Comments by Mayor ANNOUNCEMENTS 1. January 9, 2023 Commission Retreat - 3:00 pm to Resume Following Study Session, City Hall 2. January 16, 2023 Dr Martin Luther King Jr Day - Study Session Canceled / City Offices Closed 3. January 18, 2023 Regular Meeting - 7:00 pm (Note Time Change), City Hall 4. January 25, 2023 LKM Local Government Day - 2:00 pm, Topeka 1.9.23 Agenda Pkt Page #1 1 ITEMS ALREADY PLACED ADJOURN 1.9.23 Agenda Pkt Page #2 2 Whereas, on October 19, 1983, the U.S. Congress passed legislation making the third Monday of every January (beginning with 1986) the day America would honor Dr. Martin Luther King, Jr. with a National Holiday, and; Whereas, on January 16, 2002 the Ottawa City Commission made the King Holiday an official City holiday, and; Whereas, this is the first National Holiday to honor an individual black American, and; Whereas, the King Holiday affords all of us an opportunity to reflect upon the past while seeking hope, determination, and an opportunity to act upon the promise of the future, and; Now, therefore, the Governing Body of the City of Ottawa, Kansas, does hereby recognize Monday, January 16, 2023 as: Dr. martin Luther King, JR. DAY And reminds all citizens to remember that the legacy of Dr. King lives in each of us, and we are responsible to promote, teach and live the American Dream. Signed this 18th day of January 2023. Eric Crowley, Mayor 1.9.23 Agenda Pkt Page #3 Whereas, human trafficking, a modern form of slavery, is one of the largest and fastest growing criminal industries in the world. It is based on recruiting, harboring, and transporting people for the purpose of exploitation; and Whereas, millions of men, women, and children around the globe, including here in Ottawa, Kansas, are subject to modern-day slavery: the cruel, inhumane practice of human trafficking; and Whereas, sex trafficking and labor trafficking occur in Kansas, and both adults and children of any gender, socio-economic status, age, race, sexual orientation, or geographic location can become victimized; and . Whereas, human trafficking includes sexual, verbal, emotional, and physical abuse and exploitation, and all forms of abuse carry long-term complex trauma implications; and Whereas, Kansas human trafficking laws define commercial exploitation of children, which does not require a showing of force, fraud, threat or coercion and references the existing statutory definition of human trafficking and aggravated human trafficking; and Whereas, the effects of human trafficking reach far beyond its victims and perpetrators, causing disruption in our schools, places of work, and neighborhoods; and Now, therefore, the governing body of the City of Ottawa, Kansas, does hereby proclaim the month of January 2023 as: Human trafficking awareness month And urges all citizens to speak out against sex and labor trafficking and exploitation, to support survivors of these heinous crimes, to encourage community leaders to hold offenders accountable, and to make preventable efforts a priority by hosting events, by creating policies at work, school, and home, and by supporting and participating in programs designed to reduce and eventually eliminate human trafficking as a societal problem. Signed this 18th day of January 2023. Eric Crowley, Mayor 1.9.23 Agenda Pkt Page #4 WHEREAS, January 29, 2023 marks the 162nd anniversary of the state of Kansas becoming a state; and WHEREAS, the land that would become Kansas came to be part of the United States with the acquisition of the Louisiana Purchase in 1803; and WHEREAS, Kansas entered the United States as a free state during the presidency of Abraham Lincoln in 1861; and WHEREAS, the state seal contains the state motto— “Ad Astra, per Aspera,” a Latin phrase which means “to the stars, through difficulties.” This motto, adopted in 1861, refers not only to the pioneering spirit of the early settlers, but also to the difficult times Kansas went through before becoming a state. John James Ingalls, a powerful voice in early Kansas history, suggested the motto as an expression of “the aspiration of Kansas to reach the unattainable; its dream is the realization of the impossible.” Now, therefore, the Governing Body of the City of Ottawa, Kansas, does hereby recognize January 29, 2023 as: KANSAS DAY And reminds all citizens to celebrate the rich and powerful heritage of Kansas, a land of determination and strength. Signed this 18th day of January 2023. _________________________________________ Eric Crowley, Mayor 1.9.23 Agenda Pkt Page #5  Regular Meeting Minutes City Hall 101 S Hickory, Ottawa, Kansas Minutes of December 7, 2022 The Governing Body met at 7:00 pm this date for the Regular City Commission Meeting with the following members present and participating to wit: Mayor Crowley, Mayor Pro Tem Skidmore, Commissioner Caylor, Commissioner Clayton, and Commissioner Graves. Mayor Crowley called the meeting to order. The Mayor welcomed the audience and led the Pledge of Allegiance to the American flag. The invocation was given by Pastor Scott Dickinson. Consent Agenda Commissioner Graves made a motion, seconded by Commissioner Caylor, to approve this consent agenda to include this Regular Meeting agenda. The motion was considered, and upon being put, all present voted aye. The Mayor declared the consent agenda duly approved. Public Comments None offered at this time. Declaration None given. Donation from Cosentino’s Price Chopper to the Mayor’s Christmas Tree Fund The Governing Body received a generous donation of $2,000.00 from the Cosentino family. Teresia Templeton accepted the donation for ECKAN and thanked the Governing Body for their support. Presentation of Retirement Plaque to Steve Donahoo The Governing Body heard from Public Works Interim Director Dennis Tharp, who provided a history of Steve Donahoo’s 22 years of service with the City of Ottawa and presented Mr. Donahoo with a retirement plaque. Mr. Donahoo thanked the Governing Body for the recognition. Public Hearing to Consider 2022 Budget Amendments This public hearing was called to consider amending the 2022 Budget for the following funds: Auditorium, Library, Equipment Reserve, Land Bank, Wastewater Improvement-Special Sales Tax Fund, Proximity Park-Special Sales Tax Fund, Water Utility Fund, and Golf Course Fund. Mayor Crowley opened this public hearing at 7:15 pm. The Governing Body heard from Finance Director Melanie Landis, who stated that these 2022 Budget amendments are necessary for the following funds: • Auditorium • Library • Equipment Reserve 1.9.23 Agenda Pkt Page #6  • Land Bank • Wastewater Improvement – Special Sales Tax Fund • Proximity Park – Special Sales Tax Fund • Water Utility Fund • Golf Course Fund There were no further comments offered during the public hearing. The Mayor closed the public hearing at 7:17 pm. Acceptance of 2022 Budget Amendments Commissioner Caylor made a motion, seconded by Commissioner Clayton, to accept the 2022 Budget Amending the Auditorium, Library, Equipment Reserve, Land Bank, Wastewater Improvement-Special Sales Tax, Proximity Park-Special Sales Tax, Water Utility, and Golf Course Fund. The motion was considered and upon being put, all present voted aye. The Mayor declared the amendments duly approved. Resolution to Waive the Statutory Requirement to use Generally Accepted Accounting Principles (GAAP) Based Accounting for the Fiscal Year 2023 The Governing Body heard from Finance Director Melanie Landis, who reviewed a resolution authorizing the City to request the Director of Accounts and Reports to waive the statutory requirement to use GAAP-based accounting for the reporting fiscal year 2023. Commissioner Graves made a motion, seconded by Mayor Pro Tem Skidmore, to adopt this resolution. The motion was considered and upon being put, all present voted aye. The Mayor declared this resolution duly adopted and this resolution was duly numbered Resolution No. 1924-22. City Manager’s Comments City Manager Richard U. Nienstedt thanked Steve Donahoo for his 22 years of service. Mr. Nienstedt also stated that today was the 81st anniversary of the attack on Pearl Harbor. Commissioner’s Comments The Commissioner’s thanked Steve Donahoo for his service to the City and the community. Mayor’s Comments Mayor Crowley thanked Mr. Donahoo for everything he had done during his time in the City. Announcements Mayor Crowley made the following announcements: December 12, 2022 Study Session - 4:00 pm, City Hall December 14, 2022 Joint City/County/USD 290 Lunch Meeting – 12:00 pm, City Hall December 19, 2022 Study Session - 4:00 pm, City Hall December 21, 2022 Regular Meeting – 10:00 am, City Hall December 26, 2022 Christmas Holiday – Study Session CANCELLED January 2, 2023 New Year’s Holiday – Study Session CANCELLED 1.9.23 Agenda Pkt Page #7 Adjournment There being no further business to come before the Governing Body, the Mayor declared the meeting duly adjourned at 7:25 pm. Melissa Reed, City Clerk 1.9.23 Agenda Pkt Page #8  Study Session Minutes Ottawa, Kansas Minutes of December 19, 2022 The Governing Body met at 4:00 pm this date at City Hall with the following members present and participating to wit: Mayor Crowley, Mayor Pro Tem Skidmore, Commissioner Clayton, Commissioner Graves and Commissioner Caylor. A quorum was present. Mayor Crowley called the meeting to order. Public Comments None were given. Minutes to Review The Governing Body reviewed minutes from the December 12, 2022 Study Session. The Governing Body agreed by consensus to place this item on the next Regular Meeting agenda on December 21, 2022. Monthly Financial & Activity Reports—November The Governing Body reviewed the November Monthly Financial and Activity reports with City Staff and community support organizations. Continued Discussion of Revisions to Article 7 of the Municipal Code on Cemeteries The Governing Body heard from Public Works Interim Director Dennis Tharp who provided the following highlights regarding the changes: • In the last year, several public meetings related to cemetery regulations have occurred • The culmination of these meetings is reflected in the revisions • Changes exist in the way memorial decorations are handled in Article 7-108 and Article 7- 105 regarding Veterans' stones • Numerous discussions as to the importance of compassion, understanding, flexibility, and communication when dealing with cemetery issues • Staff recommends these guidelines be adopted with the understanding that all cemetery issues will be dealt with on an individual basis whenever possible The Governing Body agreed by consensus to place this on the next Regular Meeting agenda for December 21, 2022. Continued Discussion on Lease Purchase Bids The Governing Body heard from Finance Director Melanie Landis, who stated that staff is working on the lease purchase agreement with Oak Star Bank. The Governing Body agreed by consensus to place this on the next Regular Meeting agenda for December 21, 2022. Update on Capital Improvement Plan for 2023-2027 The Governing Body heard from Finance Director Melanie Landis, who stated that the Planning Commission had reviewed and held a public hearing regarding the 2023-2027 Capital Improvement Plan. The Planning Commission found it to be in conformance with the Comprehensive Plan. The Governing Body agreed by consensus to place this on the next Regular Meeting agenda for December 21, 2022. 1.9.23 Agenda Pkt Page #9 City Manager's Comments City Manager Richard U. Nienstedt stated that the request for proposal for the swimming pool/water park design will be released next week and will be due at the end of February. Community Development Director Mike Hall announced that the City of Ottawa received a grant award from Kansas Housing Resource Corporation through the Moderate Income Housing program for $120,000 for the Heartland Design Build LLC project. The next application round had a deadline of February 16, 2023, and staff will bring proposals to the Governing Body at the end of January. Commissioner's Comments Commissioner Clayton reminded the community to be safe during the upcoming winter storm. Mayor's Comments Mayor Crowley had no comment. Announcements Mayor Crowley made the following announcements: • December 21, 2022 Regular Meeting – 10:00 am, City Hall • December 21, 2022 Land Bank Meeting – immediately following 10:00 am Regular Meeting, City Hall • December 26, 2022 Christmas Holiday – City Offices Closed/Study Session Cancelled Recess Mayor Crowley made a motion, seconded by Commissioner Graves, to recess into executive session under the attorney-client privilege exception for the purpose of engaging in confidential communications with the board’s attorney for a period of 10 minutes to reconvene at 4:46 pm with the board, attorney, city manager and finance director present. The motion was considered, and upon being put, all present voted aye. The Mayor declared the meeting duly recessed. Reconvene Commissioner Clayton made a motion, seconded by Commissioner Caylor, to reconvene into open session. The motion was considered, and upon being put, all present voted aye. The Mayor declared the meeting duly reconvened at 4:46 pm. Adjournment There was no further business before the Governing Body, the Mayor declared the meeting duly adjourned at 4:46 pm. Melissa Reed, City Clerk 1.9.23 Agenda Pkt Page #10  Regular Meeting Minutes City Hall 101 S Hickory, Ottawa, Kansas Minutes of December 21, 2022 The Governing Body met at 10:00 am this date for the Regular City Commission Meeting with the following members present and participating to wit: Mayor Crowley, Mayor Pro Tem Skidmore, Commissioner Caylor, Commissioner Graves, and Commissioner Clayton. Mayor Crowley called the meeting to order. The Mayor welcomed the audience and led the Pledge of Allegiance to the American flag. Pastor Timothy Roth, Faith Lutheran Church, gave the invocation. Consent Agenda Commissioner Caylor made a motion, seconded by Commissioner Graves, to approve this consent agenda to include minutes from the November 7, 2022 Study Session, November 14, 2022 Study Session, November 16, 2022 Regular Meeting, November 21, 2022 Study Session, November 28, 2022 Study Session, December 5, 2022 Study Session, December 12, 2022 Study Session and this Regular Meeting agenda. The motion was considered, and upon being put, all present voted aye. The Mayor declared the consent agenda duly approved. Public Comments None offered at this time. Declaration None given. Presentation of Retirement Plaque to Lieutenant Doug Waterman The Governing Body heard from Police Chief Adam Weingartner, who provided a history of Doug Waterman’s 35 years of service with the City of Ottawa and presented Lieutenant Waterman with a retirement plaque. Lieutenant Waterman thanked the Governing Body for the recognition. Public Hearing to Consider 2022 Budget Amendments This public hearing was called to consider amending the 2022 Budget for the Electric Fund. Mayor Crowley opened this public hearing at 10:08 am. Director of Finance Melanie Landis stated that the Electric Fund had expenses such as the low-interest loan payback from the 2021 winter storm, anticipated costs for purchased power, and inventory replacement of transformers and construction in general. There were no further comments offered during the public hearing. 1.9.23 Agenda Pkt Page #11 The Mayor closed the public hearing at 10:10 am. Acceptance of 2022 Budget Amendments Commissioner Caylor made a motion, seconded by Commissioner Clayton, to accept the 2022 Budget Amending the Electric Fund. The motion was considered and upon being put, all present voted aye. The Mayor declared the amendment duly approved. Changes to Article 7 of the Municipal Code on Cemeteries The Governing Body heard from Interim Public Works Director Dennis Tharp, who stated that an ordinance is required for these changes and will be presented at the beginning of January. Mr. Tharp reviewed the intention of the regulation changes. 2023 Cereal Malt Beverage Licenses The Governing Body heard from City Clerk Melissa Reed, who reviewed the 2023 applications for cereal malt beverage licenses. The applications have been reviewed and approved by the Police Department and the City Attorney with no reason for denial. Commissioner Caylor made a motion, seconded by Commissioner Graves, to approve the 2023 cereal malt beverage licenses. The motion was considered and upon being put, all present voted aye. The Mayor declared the applications duly approved. Approval of Lease Purchase Agreement The Governing Body heard from Finance Director Melanie Landis, who reviewed a lease-purchase agreement to allow for financing of a 2021 Chevrolet 6500 DA 4x4 Bucket Truck and two 2022 Ford PIU 3.3L SUV Police Patrol Units. Mayor Pro Tem Skidmore made a motion, seconded by Commissioner Clayton, to approve this agreement. The motion was considered and upon being put, all present voted aye. The Mayor declared the agreement duly approved. Acceptance of the 2023-2027 Capital Improvement Plan (CIP) The Governing Body heard from Finance Director Melanie Landis, who reviewed the Capital Improvement Plan for 2023-2027. Commissioner Clayton made a motion, seconded by Commissioner Graves, to adopt the 2023-2027 Capital Improvement Plan. The motion was considered and upon being put, all present voted aye. The Mayor declared this plan duly adopted. Addition of Eleven Properties to the Neighborhood Revitalization Program The Governing Body reviewed the request to add eleven properties to the Neighborhood Revitalization Program. • Residential New Address – 926 E. Hamblin, 930 E. Hamblin, 934 E. Hamblin, 727 S. Funston, 743 S. Funston, and 747 S. Sycamore • Residential Remodel Address – 1004 N. Cedar, 512 W. Willow, 215 E. Red Jacket, and 119 E. 8th • Commercial - 104 E. Logan 1.9.23 Agenda Pkt Page #12 Commissioner Caylor made a motion, seconded by Commissioner Clayon, to approve the recommendation to add eleven properties to the Neighborhood Revitalization Program. The motion was considered and upon being put, passed by the following vote: Mayor Pro Tem Skidmore aye, Commissioner Graves aye, Commissioner Caylor aye, Commissioner Clayton aye, Commissioner Crowley abstained. City Manager’s Comments City Manager Richard U. Nienstedt congratulated Lieutenant Waterman on his retirement and thanked him for his service. Mr. Nienstedt commented on Mayor Pro Tem Skidmore’s banking career and thanked him for all he had done for the community. Mr. Nienstedt stated that City Hall would be open during the upcoming winter storm. City Attorney Blaine Finch noted that the City Manger’s job listing had been posted with a deadline of January 17, 2023. The applicants will be reviewed, and finalists will be interviewed in March. Police Chief stated that plans are being finalized for warming stations in the community. Community care kits are available with emergency supplies for community members in need. Commissioner’s Comments Commissioner Clayton wished the community a safe and happy holiday season. Mayor Pro Tem Skidmore thanked Lieutenant Waterman for his service and wished everyone a Merry Christmas. Commissioner Caylor thanked Lieutenant Waterman for his dedication and commitment to our community and congratulated Mayor Pro Tem Skidmore on his retirement. Interim Director of League of Kansas Municipalities John Deardoff and KACM Director Nathan Law presented the Career Recognition Award to City Manager Richard U. Nienstedt for his years of service. Mr. Nienstedt thanked them for the recognition. Mayor’s Comments Mayor Crowley commented on Lieutenant Waterman’s service and its importance. Mayor Crowley also thanked Mr. Nienstedt for his service. Mayor Crowley also wished the community a safe and happy holiday. Announcements Mayor Crowley made the following announcements: December 21, 2022 Land Bank Meeting – Immediately Following Regular Meeting December 26, 2022 Christmas Holiday – Study Session CANCELLED/ City Offices CLOSED January 2, 2023 New Years Holiday Study Session – Study Session CANCELLED/ City Offices CLOSED January 4, 2023 Regular Meeting – 7:00 pm, City Hall 1.9.23 Agenda Pkt Page #13 Adjournment There being no further business to come before the Governing Body, the Mayor declared the meeting duly adjourned at 10:43 am. Melissa Reed, City Clerk 1.9.23 Agenda Pkt Page #14  FUNDING AGREEMENT THIS AGREEMENT is entered into by and between City of Ottawa, Kansas, hereinafter called “City,” and the Prairie Paws Animal Shelter, Inc. hereinafter called “PPAS,” for the calendar year 2023. BACKGROUND: The City and PPAS agree, that in the interest of providing effective stray animal housing and animal licensing services to the residents of the City of Ottawa they wish to contract with PPAS; a third-party entity, to help provide the following services: a. Provide timely and effective housing for stray animals picked up by the Ottawa Police Department or brought in by Ottawa citizens. b. Provide humane care and treatment of such animals, including food, water, shelter, and necessary veterinary care during the 3-day open hold period. c. Work to provide temporary housing and marketing to insure adoption of these animals after the hold period. d. Provide dog licenses to residents of the City of Ottawa pursuant to city code. e. Serve as an advisor to the City regarding animal health issues. ADDITIONAL RESPONSIBILITIES: The following additional duties are required by the City as a mechanism for maintaining a funding relationship with PPAS for the above services: a. Provide reporting and tracking of PPAS’s activities consisting of the following: 1.) Provide monthly electronic fiscal and activity reports to the City Commission. 2.) Provide a quarterly verbal report to the City Commission including financial and activity summaries. b. Conduct an annual planning session which shall include participation by appropriate City leadership. c. Conduct an annual financial review or audit that shall be submitted to the City Commission. If a financial review is completed in lieu of an audit, it shall be performed by an independent CPA. d. Prepare and submit a detailed annual budget for the following fiscal year to the City before May 15th, 2023. This budget shall include line item comparisons for revenues and expenditures for the two preceding fiscal years. TERM: The term of this agreement shall be from January 1, 2023 to December 31, 2023 and may be extended for additional annual terms upon mutual written consent by the parties hereto. FUNDING: The City agrees to pay $62,400 annually in equal monthly installments for the services as described above per the following conditions: a. The City retains the authority to withhold monthly payments with 30 days’ written notice to PPAS. Prior to withholding any funds, the City shall notify the director of PPAS and the president of the board of trustees in writing of the concerns regarding such withholding and allow the PPAS Board 30 days to address and remedy any violation of this agreement that would disqualify their receipt of continued funding. b. Should the City choose to discontinue funding before the completion of this contract term, it shall have the right to be repaid any City funds remaining in PPAS accounts, including any reserve contributions, based on a pro-rated portion of those funds paid into the PPAS accounts during that fiscal year only. c. All funds paid by the city must be used for providing the above services within the boundaries of Franklin County, Kansas. AMENDMENTS AND ADDENDUMS: This Agreement may be amended at any time upon mutual written agreement by all parties. The parties may also agree to contract for the provision of additional services as an addendum to this Agreement. Such additional agreements shall be in writing and appended to this document. 1.9.23 Agenda Pkt Page #15 RELATIONSHIP: It is understood and agreed that PPAS, its officers, employees, agents and assigns are engaged and retained as independent contractors and not as officers, agents or employees of the City and that PPAS has no authority to bind the City. INDEMNIFICATION AND HOLD HARMLESS: PPAS agrees, as an independent contractor, to indemnify and hold harmless the City from any and all claims arising out of PPAS’s or its agent(s) activities in the performance of this Agreement. NOTICE: When any provision of this agreement requires a written notice, it shall be deemed to have been validly given if delivered in person, sent by facsimile or sent by registered or certified mail, postage prepaid, to the following: City of Ottawa PPAS Attn: City Manager Attn: Director 101 S. Hickory 3173 Highway K68 Ottawa, KS 66067 Ottawa, KS 66067 (758) 229-3637 (785) 242-2967 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: This Agreement is to be construed and enforced in accordance with the laws of the State of Kansas. The parties shall abide by all federal, state and local laws, ordinances and regulations, including compliance with applicable nondiscrimination provisions. NOW, THEREFORE, the parties to this Agreement bind themselves, their heirs, successors and assigns to the performance of the terms set forth above and affix their signatures below: City of Ottawa, Kansas Prairie Paws Animal Shelter, Inc. Mayor Chairperson Date: Date: Attest: Attest: 1.9.23 Agenda Pkt Page #16  FUNDING AGREEMENT THIS AGREEMENT is entered into by and between City of Ottawa, Kansas, hereinafter called “City,” and the Ottawa Main Street, Inc., D/B/A Ottawa Main Street Association, hereinafter called “OMSA,” for the calendar year 2023. BACKGROUND: The City and OMSA agree, that in the interest of expanding the economic base of the Main Street district in the City of Ottawa they wish to contract with the Ottawa Main Street, Inc., D/B/A Ottawa Main Street Association; a third-party entity, to conduct the following development activities in their interest: a. Coordinate community resources to aid in the retention and expansion of existing commercial businesses and residential development in downtown Ottawa. b. Carry out development activities in harmony with the four key areas identified by the National Main Street Association: Economic Vitality, Design, Promotion, and Organization. c. Work cooperatively with other community organizations to accomplish the shared goals of increasing business, jobs and economic prosperity for the Ottawa community. d. Serve as an advisor to the City for its role in downtown development activity. e. Serve as a conduit for relevant economic data to the City and its development partners. f. Participate, along with other community organizations to conduct internal and external marketing campaigns for downtown Ottawa. g. Conduct other community development activities within the City as appropriate. ADDITIONAL RESPONSIBILITIES: The following additional duties are required by the City as a mechanism for maintaining a funding relationship with OMSA for development services: a. Provide reporting and tracking of OMSA’s activities consisting of the following: 1.) Provide monthly electronic fiscal and activity reports to the City Commission, submitted by the 10th of each month 2.) Provide an annual list of active members, in conjunction with the annual budget submission. 3.) Provide a quarterly verbal report to the City Commission including financial and activity summaries. b. Conduct an annual planning session which shall include participation by appropriate City leadership. c. Conduct an annual financial review or audit that shall be submitted to the City Commission by June 15, 2023. If a financial review is completed in lieu of an audit, it shall be performed by an independent CPA. d. Prepare and submit a detailed annual budget for the following fiscal year to the City before May 15th, 2023. This budget shall include line item comparisons for revenues and expenditures for the two preceding fiscal years. e. Actively participate in discussions regarding ways to improve efficiency by partnering with other community organizations—CVB, FCDC, Chamber, etc.--and explore ways to reduce duplication of services. TERM: The term of this agreement shall be from January 1, 2023 to December 31, 2023 and may be extended for additional terms upon mutual written consent by the parties hereto. FUNDING: The City agrees to pay $32,000 for the term of this agreement in equal monthly installments for economic and community development services as described above per the following conditions: a. The City retains the authority to withhold monthly payments with 30 days’ written notice to OMSA. Prior to withholding any funds, the City shall notify both the director and President of the Board of OMSA in writing of the concerns leading to such withholding and allow the OMSA Board 30 days to address and remedy any violation of this agreement that would disqualify their receipt of continued funding. 1.9.23 Agenda Pkt Page #17  b. Should the City choose to discontinue funding before the completion of this contract term, it shall have the right to be repaid any City funds remaining in OMSA accounts, including any reserve contributions, based on a pro-rated portion of those funds paid into the OMSA accounts during that fiscal year only. CONFIDENTIALITY: All parties involved in this agreement understand and agree that information related to economic development activity is of a sensitive nature and should be treated with confidentiality where appropriate. All parties also agree that any confidential information discussed regarding development activity shall not be used for any personal or professional profit. AMENDMENTS AND ADDENDUMS: This Agreement may be amended at any time upon mutual written agreement by all parties. The parties may also agree to contract for the provision of additional services such as marketing or grant writing as an addendum to this Agreement. Such additional agreements shall be in writing and appended to this document. RELATIONSHIP: It is understood and agreed that OMSA, its officers, employees, agents and assigns are engaged and retained as independent contractors and not as officers, agents or employees of the City and that OMSA has no authority to bind the City. OUTSIDE CONTRACTS: Nothing in this Agreement shall prohibit OMSA or its director from contracting with other community groups to provide cooperative services. OMSA shall keep all funds from such activities separate in its budget and financial reports to the City shall transparently detail how City funds are utilized during the year. Further, OMSA expressly agrees that such activities shall not impair its duties under this Agreement and in no way shall cause liability for the City. INDEMNIFICATION AND HOLD HARMLESS: OMSA agrees, as an independent contractor, to indemnify and hold harmless the City from any and all claims arising out of OMSA’s or its agent(s) activities in the performance of this Agreement or any other activity. NOTICE: When any provision of this agreement requires a written notice, it shall be deemed to have been validly given if delivered in person, sent by facsimile or sent by registered or certified mail, postage prepaid, to the following: OMSA City of Ottawa Attn: Director and/or President of the Board Attn: City Manager P.O. Box 1061 101 S. Hickory Ottawa, KS 66067 Ottawa, KS 66067 (785) 242-1000 (758) 229-3637 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: This Agreement is to be construed and enforced in accordance with the laws of the State of Kansas. The parties shall abide by all federal, state and local laws, ordinances and regulations, including compliance with applicable nondiscrimination provisions. NOW, THEREFORE, the parties to this Agreement bind themselves, their heirs, successors and assigns to the performance of the terms set forth above and affix their signatures below: City of Ottawa, Kansas Ottawa Main Street, Inc. Mayor Chairperson Date: Date: Attest: Attest: 1.9.23 Agenda Pkt Page #18  AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES THIS AGREEMENT is entered into by and between Franklin County, Kansas, hereinafter called “County,” the City of Ottawa, Kansas, hereinafter called “City,” and the Franklin County Development Council, hereinafter called “FCDC,” for the calendar year 2023. PURPOSE: The City and County agree that in the interest of expanding the economic base of both the City of Ottawa and Franklin County, Kansas, they wish to employ the Franklin County Development Council; a third-party entity, to conduct the following economic development activities in their interest: a. Coordinate community resources to aid in the retention and expansion of existing industrial and commercial businesses in Franklin County. b. Actively recruit new industrial and commercial businesses to Franklin County and the City of Ottawa. c. Guide the development of commercial and industrial property within the County and City’s jurisdiction. d. Serve as an advisor to the County and City for their roles in economic development activity. e. Serve as a conduit for relevant economic data to the County, City and FCDC development partners. f. Participate, along with other County and City based organizations to promote retail and housing growth in the Franklin County region. g. Participate, along with other City and County organizations to conduct internal and external marketing campaigns for Franklin County and the City of Ottawa. h. Conduct other community development activities within Franklin County as appropriate. ADDITIONAL RESPONSIBILITIES: The following additional duties are required by the County and City as a mechanism for maintaining a funding relationship with FCDC for economic development services: a. Provide reporting and tracking of FCDC’s activities consisting of the following: 1.) Provide monthly electronic fiscal and activity reports to the County and City Commissions. 2.) Provide a quarterly verbal report to the County and City Commissions including financial and activity summaries. b. Assist the County in the preparation and submittal of the Franklin County Strategic Plan as required. c. Conduct an annual planning session which shall include participation by appropriate County and City leadership. d. Conduct an annual financial review or audit that shall be submitted to the County and City Commissions. If FCDC does not conduct an annual financial audit in place of a financial review, it shall conduct a financial audit every three years which shall also be submitted to the County and City. e. Prepare and submit a detailed annual budget for the following fiscal year to the County and City before May 15th, 2023. This budget shall include line-item comparisons for revenues and expenditures for the two preceding fiscal years. TERM: The term of this agreement shall be from January 1, 2023 to December 31, 2023 and may be extended for additional annual terms upon mutual written consent by the parties hereto. FUNDING: The County and City agree to pay $64,375 per entity, annually, in equal monthly installments for economic and community development services as described above, provided that FCDC agrees that any annual surplus at the end of the fiscal year will be transferred to the reserve account of FCDC. The funds would be available in future years if needed for operational expenses related to economic development projects. Projects may include, but are not limited to: incentive funding, land acquisition or other projects required to meet the economic development goals of the organization. TERMINATION OF AGREEMENT AND RIGHT TO REMEDY: If the City or County desires to terminate this Agreement that entity must first give FCDC 60 day’s written notice. This notice shall include the specific reasons why said entity desires to terminate this Agreement. FCDC shall have 30 days from the date it receives this notice to remedy any and all concerns brought forth by the entity desiring termination. If the concerns brought forth are not adequately remedied by FCDC and either the City or County choose to terminate this Agreement, that entity, in addition to 1.9.23 Agenda Pkt Page #19 discontinuing the funding called for under this Agreement, shall have the right to be repaid any funds remaining in FCDC accounts, including any reserve contributions, based on a pro-rated portion of those funds paid into the FCDC accounts during the fiscal year only. CONFIDENTIALITY: All parties involved in this agreement understand and agree that information related to economic development activity is of a sensitive nature and should be treated with confidentiality where appropriate. All parties also agree that any confidential information discussed regarding economic development activity shall not be used for any personal or professional profit. AMENDMENTS AND ADDENDUMS: This Agreement may be amended at any time upon mutual written agreement by all parties. The parties may also agree to contract for the provision of additional services such as marketing or grant writing as an addendum to this Agreement. Such additional agreements shall be in writing and appended to this document. RELATIONSHIP: It is understood and agreed that FCDC, its officers, employees, agents and assigns are engaged and retained as independent contractors and not as officers, agents or employees of the City or County and that FCDC has no authority to bind the City or the County. INDEMNIFICATION AND HOLD HARMLESS: FCDC agrees, as an independent contractor, to indemnify and hold harmless the County and City from any and all claims arising out of FCDC’s or its agent(s) activities in the performance of this Agreement. NOTICE: When any provision of this agreement requires a written notice, it shall be deemed to have been validly given if delivered in person, sent by facsimile or sent by registered or certified mail, postage prepaid, to the following: FCDC City of Ottawa Franklin County Attn: FCDC President Attn: City Manager Attn: County Administrator PO Box 580 101 S. Hickory 315 S. Main St. Ottawa, KS 66067 Ottawa, KS 66067 Ottawa, KS 66067 (785) 242-1000 (758) 229-3637 (785) 229-3485 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: This Agreement is to be construed and enforced in accordance with the laws of the State of Kansas. The parties shall abide by all federal, state and local laws, ordinances and regulations, including compliance with applicable nondiscrimination provisions. NOW, THEREFORE, the parties to this Agreement bind themselves, their heirs, successors and assigns to the performance of the terms set forth above and affix their signatures below: City of Ottawa, Kansas Franklin County, Kansas Franklin County Development Council _________________________ _________________________ ____________________________ Mayor Chairperson Chairperson Date: Date: Date: Attest: Attest: Attest: 1.9.23 Agenda Pkt Page #20  FUNDING AGREEMENT THIS AGREEMENT is entered into by and between City of Ottawa, Kansas, hereinafter called “City,” and the Elizabeth Layton Center, Inc. hereinafter called “ELC,” for the calendar year 2023. BACKGROUND: The City and ELC agree, that in the interest of providing quality and effective mental health services to the residents of the City of Ottawa they wish to contract with ELC; a third-party entity, to help provide the following services: a. Provide timely, effective and comprehensive behavioral health services to the residents of Franklin County. b. Assist the residents of Franklin County to improve quality of life and mental health recovery. c. Work cooperatively with other community organizations to accomplish the shared goals of improving mental health, treating mental illness, and helping people live healthy and productive lives. d. Serve as a partner in the Franklin County Crisis Intervention Team, assisting city law enforcement on behalf of those facing mental health crises. ADDITIONAL RESPONSIBILITIES: The following additional duties are required by the City as a mechanism for maintaining a funding relationship with ELC for the above services: a. Provide a verbal report of organizational activity and/or financials to the City Commission upon request. b. Conduct an annual financial review or audit that shall be made available to the City Commission upon request. If a financial review is completed in lieu of an audit, it shall be performed by an independent CPA. TERM: The term of this agreement shall be from January 1, 2023 to December 31, 2023 and may be extended for additional annual terms upon mutual written consent by the parties hereto. FUNDING: The City agrees to pay $6,890 annually in equal monthly installments for the services as described above per the following conditions: a. The City retains the authority to withhold monthly payments with 30 days’ written notice to ELC. Prior to withholding any funds, the City shall notify the director of ELC and the president of the board of trustees in writing of the concerns regarding such withholding and allow the ELC Board 30 days to address and remedy any violation of this agreement that would disqualify their receipt of continued funding. b. Should the City choose to discontinue funding before the completion of this contract term, it shall have the right to be repaid any City funds remaining in ELC accounts, including any reserve contributions, based on a pro-rated portion of those funds paid into the ELC accounts during that fiscal year only. c. All funds paid by the City must be used for providing the above services within the boundaries of Franklin County, Kansas. CONFIDENTIALITY: All parties involved in this agreement understand and agree that information related to the provision of medical services is of a sensitive nature and should be treated with confidentiality where required and appropriate. All parties also agree that any confidential information discussed regarding the above services shall not be used for any personal or professional profit. 1.9.23 Agenda Pkt Page #21 AMENDMENTS AND ADDENDUMS: This Agreement may be amended at any time upon mutual written agreement by all parties. The parties may also agree to contract for the provision of additional services as an addendum to this Agreement. Such additional agreements shall be in writing and appended to this document. RELATIONSHIP: It is understood and agreed that ELC, its officers, employees, agents and assigns are engaged and retained as independent contractors and not as officers, agents or employees of the City and that ELC has no authority to bind the City. INDEMNIFICATION AND HOLD HARMLESS: ELC agrees, as an independent contractor, to indemnify and hold harmless the City from any and all claims arising out of ELC’s or its agent(s) activities in the performance of this Agreement. NOTICE: When any provision of this agreement requires a written notice, it shall be deemed to have been validly given if delivered in person, sent by facsimile or sent by registered or certified mail, postage prepaid, to the following: City of Ottawa ELC Attn: City Manager Attn: Director 101 S. Hickory 2537 Eisenhower Rd Ottawa, KS 66067 PO Box 677 (785) 229-3637 Ottawa, KS 66067 (785) 242-3780 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: This Agreement is to be construed and enforced in accordance with the laws of the State of Kansas. The parties shall abide by all federal, state and local laws of the State of Kansas. The parties shall abide by all federal, state and local laws, ordinances and regulations, including compliance with applicable nondiscrimination provisions. NOW, THEREFORE, the parties to this Agreement bind themselves, their heirs, successors and assigns to the performance of the terms set forth above and affix their signatures below: City of Ottawa, Kansas Elizabeth Layton Center, Inc. Mayor Director Date: Date: Attest: Attest: 1.9.23 Agenda Pkt Page #22  ORDINANCE NUMBER _________ AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF OTTAWA, KANSAS CONCERNING MUNICIPAL CEMETERIES. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OTTAWA, KANSAS: Section 1. AMENDMENT OF MUNICIPAL CODE SECTION 7-108 Section 7-108 of the Municipal Code of the City of Ottawa is hereby amended as follows: 7-108. Artificial Decorations. All decorations must be placed upon the actual monument. Items may not be placed on the base pad. Decorations are the responsibility of those who place them and may be left indefinitely. Glass jars, bottles, tin cans and wire pots are not permitted at any given time. Decorations shall be allowed outside of the monument only on the holidays of Easter, Mother’s Day, Father’s Day and Memorial Day. The cemetery staff will remove and dispose of all decorations left outside of the monument one week after each of these holidays or at such times the cemetery staff determines necessary to maintain the cemetery. One shepherd hook with a single hook per grave space is allowed including temporary markers. It must be mounted on the side of the monument in the grass or mounted in the base as long as it is in a sleeve to allow for easy removal by cemetery staff if necessary for maintenance. Decorations not conforming to these guidelines shall be removed by cemetery staff. Wreaths Across Franklin County wreaths will be allowed without regulation. Section 2. AMENDMENT OF MUNICIPAL CODE SECTION 7-105 Section 7-05 of the Municipal Code of the City of Ottawa is hereby amended as follows: 7-105. Monuments, stones and urns. All monuments and stones shall be set on concrete footings. The measurements of the foundation excavations shall be eight inches wider than the width of the memorial or marker and eight inches longer than the length of the memorial or marker so that a concrete apron of four inches will extend beyond the entire length and width of the memorial or marker after it has been installed. This includes any vase or urn that is integrated as a part of the monument. Foundation excavations for memorials or markers which will lie flat with the ground surface shall be dug at a depth of no less than ten inches and the depth must be consistent throughout the excavation, including the area to be excavated for the concrete apron. 1.9.23 Agenda Pkt Page #23 Foundation excavations for an upright memorial or marker shall be approximately one- half the height of said upright memorial or marker, with a maximum depth of eighteen inches. Piers approximately seven inches in diameter and ten inches deep shall be sunk below the base of the foundation excavation. Piers must be located on the sides of the excavation in approximately the center. In addition, if the lid of the vault is below the base of the foundation excavation, two additional piers shall be sunk, each approximately seven inches in diameter from the vault. The excavation, and all piers dug from the base shall be filled with cement and finished. The general location of all stones or monuments on any gravesite shall be located and placed as directed by the Sexton. The party desiring to install a memorial or marker shall give a minimum of three days’ notice to the cemetery sexton. Flags will be placed out for up to five days. All monuments and foundations shall be entirely within the boundaries of a particular burial space. All stones and monuments cannot be set until a stone setting permit is acquired. Such stone setting permit shall be issued by designated city personnel in the Business Office in the City Hall. A fee for such stone setting permit shall be determined from time to time. All foundation excavations shall be inspected by cemetery personnel prior to pouring concrete. All foundations must be wet set. A final inspection will be completed once the memorial or marker has been set to determine that it was installed properly. If upon inspection, the installation of the memorial or marker deviates from the specifications set forth, the Sexton will give notice to the installer requiring corrections needed to comply. All stones and monuments may be realigned or relocated by the Sexton and s/he is also authorized to repair and rest bases and stones as the need requires. All urns shall be installed in concrete and aligned with the head stones. Surface mausoleums shall not be permitted. New or reset stones provided under Federal application may be set according to the Veterans Association Guidelines. Section 3. EFFECTIVE DATE This ordinance shall take effect upon publication in the official city newspaper. ADOPTED by the Governing Body of the City of Ottawa on this _____ day of ________________, 2023. ____________________________________ Eric Crowley, Mayor Attest: _____________________________________ Melissa Reed, City Clerk 1.9.23 Agenda Pkt Page #24  MEMORANDUM TO: RICHARD U. NIENSTEDT AND THE HONORABLE CITY COMMISSION FROM: MELANIE LANDIS, FINANCE DIRECTOR DENNIS THARP, DIRECTOR OF UTILITIES SUBJECT: WASTEWATER RATE RESOLUTION DATE: JANUARY 5, 2022 City of Ottawa BACKGROUND: 101 S. Hickory The City owns and operates a Wastewater utility which includes collection and Ottawa, KS 66067 treatment. Operations and capital improvements are funded through the collection of user fees for wastewater services. 785.229.3600 www.ottawaks.gov City staff has presented a financial update to the City Commission and determined that rate increases are necessary to maintain current service levels and accomplish capital improvements over the next five years. The last wastewater rate increase was in 2021. RECOMMENDATION: The proposed rate resolution was prepared based on discussion and review of several options and reflects the following changes: x Minimum Charge increase for the year 2023 of $1.00 and years 2024, 2025, 2026, and 2027 of $2.00. x Annual rate increase to all rate classifications of the following: o 2023 – 5% o 2024 – 5% o 2025 – 5% o 2026 – 5% o 2027 – 5% x Implementation would take place in March of each year The proposed rate resolution is under review by the City Attorney and any language changes will be brought to the Commission prior to approval. It is the recommendation of staff that the City Commission consider approval of a wastewater rate resolution at the January 18th regular meeting. 1.9.23 Agenda Pkt Page #25 1  RESOLUTION NO. _______-23 DRAFT A RESOLUTION finding the advisability of and ordering the adoption of applicable rates, charges, rules and regulations, conditions and availability of the services rendered by the Wastewater Department of the City of Ottawa, Kansas and establishing an effective date, and providing for the enforcement thereof. WHEREAS, Section 13-108 of the Municipal Code of the City Of Ottawa provides for the establishment of rates, charges, rules and regulations pertaining to the availability of wastewater services to be set by resolution of the Governing Body of the City of Ottawa, and WHEREAS, the cost of providing ongoing services and regular maintenance continues to increase, and WHEREAS, from time-to-time certain capital improvements are necessary for the long-term benefit of the city and its citizens, and WHEREAS, such ongoing services, maintenance and capital improvements must be funded for adequately, NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF OTTAWA, KANSAS, that Section 1. Wastewater service furnished by the City of Ottawa shall be delivered in accordance with rates, fees and charges provided for in this resolution. Section 2. The City Manager or his designee is charged with the duty of enforcement of all rates, fees, and charges. Section 3. The rates, fees and charges shall remain in full force and effect until rescinded or modified by subsequent resolution of the Governing Body of the City of Ottawa. Section 4. It is hereby determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City to collect charges from all contributors to the City’s treatment works. The proceeds of such charges so derived will be used for the purpose of payment of expenses associated with such public wastewater collection and treatment works. Each contributor shall pay for the services provided by the City based on use of the collection and treatment works as determined by a water meter acceptable to the City. A. For residential contributors, monthly wastewater user charges shall be based on the average of the monthly water usage billed during the months of December, January, February, and March, which shall be the “winter average water usage.” If a residential contributor has not established a winter average water usage, the monthly wastewater user charge shall be based on the median usage charge for all other residential contributors. For residential contributors that reside in master metered apartment houses, the wastewater charge shall be based on the amount of water actually used during each billing cycle. The winter average water usage shall be established each April; and, subsequently, the residential wastewater-rate will be changed starting with the April 18th billing. Residential accounts shall not be double billed in any billing cycle, resulting from a change of tenant for apartment residing residential contributors. B. For all other contributors, including, but not limited to, commercial or industrial establishments, master metered multiple-family dwellings and master metered mobile home parks wastewater user charges shall be based on water used during the current month. If any contributor, other than a residential contributor, has a consumptive use of water, or in some other manner uses water which does not enter the wastewater collection system, the user charge for that contributor may be based on a wastewater meter or separate water meters installed and maintained in a manner acceptable to the City, at the contributor’s expense. C. Charges for wastewater usage shall not exceed the following without further action by the governing body. Minimum Charge Volume Charge per CCF 1-Mar-23 20.00 3.65 1-Mar-24 22.00 3.84 1-Mar-25 24.00 4.03 1-Mar-26 26.00 4.23 1-Mar-27 28.00 4.44 1.9.23 Agenda Pkt Page #26  D. For those contributors who contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance including replacement shall be based on per pound of biochemical oxygen demand (BOD) and/or per pound of suspended solids (SS) as follows. BOD SS per CCF per CCF 1-Mar-23 1.17 1.01 1-Mar-24 1.22 1.06 1-Mar-25 1.28 1.11 1-Mar-26 1.35 1.17 1-Mar-27 1.42 1.23 E. Any residential or commercial contributor whose contribution originates from outside the corporate city limits of the City of Ottawa shall pay a rate equivalent to 1.5 times the rates established in subsections C and D above as applicable. F. Any user which discharges any toxic pollutants, or any contributor which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the treatment works, shall pay for such increased costs. The charge to each such contributor shall be as determined by the Director of Utilities and approved by the City Manager. G. Where all or part of the water consumed is obtained from private sources of supply, the following provisions shall apply: 1. Suitable metering devices as approved by the Director of Utilities shall be provided and maintained by the owner or occupant at all times in connection with each or all sources of private water. The Director of Utilities or his designee shall have access to the premises at all reasonable times for the purpose of inspection, testing and reading of such meters. 2. The volume of private water consumed during the previous month, together with the consumption of public water as determined from the records of the City, shall be the basis for computing the wastewater volume. The owner or occupant may install at his expense an approved metering device to accurately measure wastewater flow in lieu of the above formula. H. The wastewater surcharge as defined by Ordinance 3381-01 shall be in addition to rates set by this resolution.. Section 5. Prior resolutions on this subject are hereby rescinded and replaced by the above, which shall be reviewed annually. Section 6. This resolution shall be in full force and effect after its adoption. ADOPTED this ______ day of _______ 2023. Mayor Attest City Clerk 1.9.23 Agenda Pkt Page #27  MEMORANDUM TO: RICHARD U. NIENSTEDT AND THE HONORABLE CITY COMMISSION FROM: MELANIE LANDIS, FINANCE DIRECTOR DENNIS THARP, DIRECTOR OF UTILITIES SUBJECT: WATER RATE RESOLUTION DATE: JANUARY 5, 2022 City of Ottawa BACKGROUND: 101 S. Hickory Ottawa, KS 66067 The City owns and operates a water utility which includes production and distribution. Operations and capital improvements are funded through the collection of user fees for 785.229.3600 water services. www.ottawaks.gov City staff has presented a financial update to the City Commission and determined that rate increases are necessary to maintain current service levels and accomplish capital improvements over the next five years. The last water rate increase was in 2018. RECOMMENDATION: The proposed rate resolution was prepared based on discussion and review of several options and reflects the following changes: x Terminology change from Demand Charge to Base Charge x Base Charge increases over the years of 2023, 2024, and 2025 of approximately $2.00 each year and rounded to the nearest $.50 x Annual rate increase to all rate classifications of the following: o 2023 – 10% o 2024 – 8% o 2025 – 6% o 2026 – 4% o 2027 – 4% x Implementation would take place in March of each year The proposed rate resolution is under review by the City Attorney and any language changes will be brought to the Commission prior to approval. It is the recommendation of staff that the City Commission consider approval of a water rate resolution at the January 18th regular meeting. 1.9.23 Agenda Pkt Page #28 1  DRAFT RESOLUTION NO. _______-23 A RESOLUTION FINDING THE ADVISABILITY OF AND ORDERING THE ADOPTION OF APPLICABLE RATES, CHARGES, RULES AND REGULATIONS, CONDITIONS AND AVAILABILITY OF THE SERVICES RENDERED BY THE WATER DEPARTMENT OF THE CITY OF OTTAWA, KANSAS, AND ESTABLISHING AN EFFECTIVE DATE THEREFORE, AND PROVIDING FOR THE ENFORCEMENT THEREOF AND RESCINDING PRIOR RESOLUTIONS. Whereas, Section 13-204 et seq., of the Municipal Code of the City of Ottawa, Kansas, 2022 provides for the establishment of rates, conditions of service, rules and regulations pertaining to the availability of water service to be set by resolution of the Governing Body of the City of Ottawa. Now, therefore, be it resolved by the Governing Body of the City of Ottawa: Section 1: Water service furnished by the Water Department of the City shall be furnished in accordance with rates, charges, rules and regulations, conditions and availability provided for in this resolution. Section 2: Water service shall be grouped and identified by the following classifications evidenced by schedules so designated, which are attached to this Resolution and incorporated herein. Water Residential WR Water Rural Residential WRR Water Small Business WSB Water Rural Small Business WRSB Water Large Business WLB Water Rural Large Business WRLB Water School ws Water City WC Water Fire Hydrant WFH Water Wholesale WW Water Bulk WB Water Fire Service Equipment WFSE Water Service Installation and Tap Fee WIT Water Service Installation and Tap Fee Rural WITR Water Service Fee Section 3: The City Manager or his/her designee is charged with the enforcement of such rates. Section 4: These rates shall remain in full force and effect until rescinded or modified by subsequent resolution(s) of the Governing Body of the City of Ottawa. Section 5: Prior resolutions on this subject are hereby rescinded when in conflict with this Resolution. Section 6: This resolution shall take effect and be in full force and effect for all accounts in which the bills are created according to the following steps as indicated within the designated rate schedules: Step 1 - 2023: On or after March 1, 2023 Step 2 - 2024: On or after March 1, 2024 Step 3 - 2025: On or after March 1, 2025 Step 4 - 2026: On or after March 1, 2026 Step 5 - 2027: On or after March 1, 2027 Passed and adopted this _______ day of __________ 2023. Attest: Mayor City Clerk 1.9.23 Agenda Pkt Page #29  WATER RESIDENTIAL-WR 1. AVAILABILITY: Service supplied through one meter to a single-family dwelling used exclusively for domestic purposes. Service is for the exclusive use of the customer and may not be resold or shared with others. Service from this schedule is not available for residential premises used for commercial purposes, rooming houses of more than four rooms for rent, or apartment houses with more than one kitchen whether rented or not. Service from this schedule is available for premises located within the City Limits of Ottawa. Such customers must be billed on other applicable rate schedules. 2. MONTHLY RATES: BASE CHARGE WATER METER SIZE 2023 2024 2025 2026 2027 5 / 8 inch 6.00 8.00 10.00 10.00 10.00 3 / 4 inch 6.50 8.50 10.50 10.50 10.50 1 inch 9.50 11.50 13.50 13.50 13.50 1 - 1 / 2 inch 14.50 16.50 18.50 18.50 18.50 STEP RATE STEP 2023 2024 2025 2026 2027 First 1 CCF 15.00 16.20 17.18 17.86 18.58 Next 11 CCF/CCF 2.51 2.71 2.87 2.99 3.11 All over 12 CCF/CCF 1.51 1.63 1.73 1.79 1.87 3. MINIMUM BILL Base Charge 1.9.23 Agenda Pkt Page #30 1. AVAILABILITY: Service supplied through one meter to a single-family dwelling used exclusively for domestic purposes. Service is for the exclusive use of the customer and may not be resold or shared with others. Service from this schedule is not available for residential premises used for commercial purposes, rooming houses of more than four rooms for rent, or apartment houses with more than one kitchen whether rented or not. Services from this schedule are available for premises located outside the City Limits of Ottawa. 2. MONTHLY RATES: BASE CHARGE WATER METER SIZE 2023 2024 2025 2026 2027 5 / 8 inch 6.50 8.50 10.50 10.50 10.50 3 / 4 inch 7.50 9.50 11.50 11.50 11.50 1 inch 12.00 14.00 16.00 16.00 16.00 1 - 1 / 2 inch 20.00 22.00 24.00 24.00 24.00 STEP RATE STEP 2023 2024 2025 2026 2027 First 1 CCF 30.40 32.84 34.81 36.20 37.65 Next 11 CCF/CCF 3.50 3.78 4.00 4.16 4.33 All over 1200 CF/CCF 1.96 2.11 2.24 2.33 2.42 3. MINIMUM BILL: Base Charge 1.9.23 Agenda Pkt Page #31 Service supplied through one meter 1" or smaller, for non-domestic general service including multi-family apartments and rooming houses located within the City limits of Ottawa. Unrelated businesses are not to be grouped and supplied through one meter. Service from this schedule is not available for premises located outside the City Limits of Ottawa. Such customers must be billed on other applicable rate schedules. 2. MONTHLY RATES: BASE CHARGE WATER METER SIZE 2023 2024 2025 2026 2027 5 I 8 inch 6.50 8.50 10.50 10.50 10.50 3 I 4 inch 9.00 11.00 13.00 13.00 13.00 1 inch 13.00 15.00 17.00 17.00 17.00 STEP RATE STEP 2023 2024 2025 2026 2027 First 1 CCF 16.70 18.03 19.12 19.88 20.68 Next 24 CCF/100 CF 3.94 4.25 4.51 4.69 4.88 All over 25 CCF/100 CF 2.11 2.28 2.42 2.51 2.62 3. MINIMUM BILL: Base Charge 1.9.23 Agenda Pkt Page #32 Service supplied through one meter 1" or smaller, for non-domestic general service including multi-family apartments and rooming houses located outside the City limits of Ottawa. Unrelated businesses are not to be grouped and supplied through one meter. Service from this schedule is available for premises located outside the City Limits of Ottawa. Such customers must be billed on other applicable rate schedules. 2. MONTHLY RATES: BASE CHARGE WATER METER SIZE 2023 2024 2025 2026 2027 5 / 8 inch 6.50 8.50 10.50 10.50 10.50 3 / 4 inch 9.00 11.00 13.00 13.00 13.00 1 inch 13.00 15.00 17.00 17.00 17.00 STEP RATE STEP 2023 2024 2025 2026 2027 First 1 CCF 31.94 34.50 36.57 38.03 39.55 Next 24 CCF/100 CF 5.26 5.68 6.02 6.26 6.51 All over 25 CCF/100 CF 2.84 3.07 3.25 3.38 3.51 3. MINIMUM BILL: Base Charge 1.9.23 Agenda Pkt Page #33 Service supplied through one meter, 1-1/2" and larger, for non-domestic general service located within the City limits of Ottawa. Unrelated businesses are not to be grouped and supplied through one meter. Service from this schedule is available for premises inside the City Limits of Ottawa. 2. MONTHLY RATES: BASE CHARGE WATER METER SIZE 2023 2024 2025 2026 2027 1 - 1 / 2 inch 19.00 21.00 23.00 23.00 23.00 2inch 30.00 32.00 34.00 34.00 34.00 3inch 70.50 72.50 74.50 74.50 74.50 4 inch 122.50 124.50 126.50 126.50 126.50 6 inch 269.50 271.50 273.50 273.50 273.50 STEP RATE STEP 2023 2024 2025 2026 2027 First 5 CCF 33.97 36.69 38.89 40.44 42.06 Next 195 CCF/100 CF 4.30 4.65 4.92 5.12 5.33 Next 1050 CCF/100 CF 2.43 2.63 2.78 2.89 3.01 All over 1250 CCF/100 CF 1.61 1.73 1.84 1.91 1.99 3. MINIMUM BILL: Base Charge 1.9.23 Agenda Pkt Page #34 Service supplied through one meter, 1-1/2" and larger, for non-domestic general service located outside the City limits of Ottawa. Unrelated businesses are not to be grouped and supplied through one meter. Service from this schedule is available for premises outside the City Limits of Ottawa. 2. MONTHLY RATES: BASE CHARGE WATER METER SIZE 2023 2024 2025 2026 2027 1 - 1 / 2 inch 19.00 21.00 23.00 23.00 23.00 2inch 30.00 32.00 34.00 34.00 34.00 3inch 74.00 76.00 78.00 78.00 78.00 4 Inch 129.50 131.50 133.50 133.50 133.50 6inch 288.50 290.50 292.50 292.50 292.50 STEP RATE STEP 2023 2024 2025 2026 2027 First 5 CCF 70.07 75.68 80.22 83.42 86.76 Next 195 CCF/100 CF 6.16 6.65 7.05 7.33 7.63 Next 1050 CCF/100 CF 3.50 3.78 4.00 4.16 4.33 All over 1250 CCF/100 CF 2.32 2.51 2.66 2.76 2.87 3. MINIMUM BILL: Base Charge 1.9.23 Agenda Pkt Page #35 Service supplied to school which would otherwise be billed on Water Business Rate schedules, provided that all customers accounts are billed under this schedule. Service from this schedule is not available to schools for off campus housing facilities or off campus commercial or administrative facilities. 2. MONTHLY RATES: BASE CHARGE WATER METER SIZE 2023 2024 2025 2026 2027 5 / 8 inch 6.00 8.00 10.00 10.00 10.00 3 / 4 inch 6.50 8.50 10.50 10.50 10.50 1 inch 9.50 11.50 13.50 13.50 13.50 1 - 1 / 2 inch 19.00 21.00 23.00 23.00 23.00 2 inch 30.00 32.00 34.00 34.00 34.00 3inch 70.50 72.50 74.50 74.50 74.50 4 inch 122.50 124.50 126.50 126.50 126.50 STEP RATE STEP 2023 2024 2025 2026 2027 First 5 CCF 29.59 31.96 33.87 35.23 36.64 Next 195 CCF/100 CF 3.66 3.96 4.19 4.36 4.54 All over 200 CCF/100 CF 1.93 2.08 2.20 2.29 2.38 3. MINIMUM BILL: Base Charge 1.9.23 Agenda Pkt Page #36 Service supplied to City uses which would otherwise be billed on Water Business Rate Schedules. 2. MONTHLY RATES: BASE CHARGE WATER METER SIZE 2023 2024 2025 2026 2027 5 / 8 inch 6.00 8.00 10.00 10.00 10.00 3 I 4 inch 6.50 8.50 10.50 10.50 10.50 1 inch 9.50 11.50 13.50 13.50 13.50 1 - 1 / 2 inch 19.00 21.00 23.00 23.00 23.00 2inch 30.00 32.00 34.00 34.00 34.00 3inch 70.50 72.50 74.50 74.50 74.50 4 inch 122.50 124.50 126.50 126.50 126.50 STEP RATE STEP 2023 2024 2025 2026 2027 First 5 CCF 32.59 35.20 37.31 38.80 40.36 Next 195 CCF/CCF 4.18 4.51 4.79 4.98 5.18 All over 200 CCF/CCF 2.20 2.38 2.52 2.62 2.72 3. MINIMUM BILL: Base Charge 1.9.23 Agenda Pkt Page #37 This schedule is available only for fire hydrant service along the streets as authorized by the Governing Body. 2. CHARACTER OF SERVICE: Service includes all ownership, maintenance and water used to control fires to be furnished by the Department. 3. MONTHLY RATE: WATER FIRE HYDRANT 2022 2023 2024 2025 2026 MONTHLY RATE 24.39 26.34 27.92 29.03 30.20 1.9.23 Agenda Pkt Page #38 1. AVAILABILITY: Other utilities that distribute water for resale to ultimate consumers and that also receive service from the Ottawa distribution system. 2. MONTHLY RATES: BASE CHARGE WATER METER SIZE 2023 2024 2025 2026 2027 1 inch 42.00 44.00 46.00 46.00 46.00 1 - 1 / 2 inch 50.00 52.00 54.00 54.00 54.00 2inch 66.00 68.00 70.00 70.00 70.00 3inch 105.50 107.50 109.50 109.50 109.50 4inch 129.50 131.50 133.50 133.50 133.50 6inch 161.50 163.50 165.50 165.50 165.50 STEP RATE STEP 2023 2024 2025 2026 2027 First 10 CCF Demand Charge Next 124 CCF/100 CCF 2.71 2.92 3.10 3.22 3.35 All over 125 CCF 2.45 2.65 2.81 2.92 3.04 3. MINIMUM BILL: Base Charge 1.9.23 Agenda Pkt Page #39 1. AVAILABILITY: Water sold to individuals who haul it in trucks and for contractor's use of fire hydrant water service when approved by the Department. 2. RATES: WATER BULK – WB 2023 2024 2025 2026 2027 Per 1000 Gallons or $7.22 $7.79 $8.26 $8.59 $8.93 Per CCF $5.40 $5.83 $6.18 $6.43 $6.69 3. MINIMUM BILL: FIRE HYDRANT METER 2022 2023 2024 2025 2026 MINIMUM BILL $93 $101 $107 $111 $116 1.9.23 Agenda Pkt Page #40 1. AVAILABILITY: Automatic sprinkler fire service connections and openings for hose lines. 2. CHARACTER OF SERVICE: Service is for the privilege of attachment to the water main system. Total cost of installation and attachment is to be paid by the customer. No water use shall be allowed except for fire control purposes. 3. MONTHLY RATE: WATER FIRE SERVICE 2022 For one Connection 14.60 Multiple Openings 26.74 1.9.23 Agenda Pkt Page #41 1. AVAILABILITY: Upon proper application, service from this schedule is available for premises within the City Limits of Ottawa. 2. RATES TAP FEE SCHEDULE - WIT Meter 2022 5/8 inch $ 1,082 3/4 inch $ 1,325 1 inch $ 1,713 11/2 inch $ 2,419 2 inch $ 3,062 3 inch $ 4,330 4inch $ 5,412 6inch $ 7,652 8inch $ 9,684 10inch $ 11,605 12inch $ 13,903 Larger capacity service shall be charged for at the additional cost of installation. 3. CONDITIONS: Installation and tap fees must be paid in advance before installation is commenced. 1.9.23 Agenda Pkt Page #42 1. AVAILABILITY: Upon proper application, service from this schedule is available for premises outside the City Limits of Ottawa. 2. RATES Tap Fee Schedule WITR Meter 2022 5/8 inch 2,165 3/4 inch 2,651 1 inch 3,427 11/2 inch 4,839 2inch 6,124 3inch 8,659 4 inch 10,824 6 inch 15,304 8inch 19,367 10 inch 23,210 12inch 27,806 Larger capacity service shall be charged for at the additional cost of installation. 3. CONDITIONS: Installation and tap fees must be paid in advance before installation is commenced. 1.9.23 Agenda Pkt Page #43 1. APPLICABILITY: A service fee shall apply to all water rate schedules. A service fee shall be paid by any person, business, firm or corporation each time a service trip is required. This schedule applies to trip fees and disconnection/connection services and customer account processing. The water service fee shall be billed on the first or any subsequent bill rendered by the City of Ottawa for the water service. 2. Rate: Service Fee 2022 Trip Charge $ 10.00 Initial Connection Fee $ 35.00 Disconnection/Reconnection Fee $ 35.00 After Hours Reconnection $ 45.00 1.9.23 Agenda Pkt Page #44