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City Commission

Regular Meeting

Ottawa, KS · January 23, 2023

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Minutes

Study Session Minutes Ottawa, Kansas Minutes of January 23, 2023 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 The Governing Body heard from Emily Harvey, 622 S. Sycamore, who reviewed the current municipal code regarding housing chickens within City limits. Interviews—City Boards The Governing Body conducted the following interview for an open position: Board of Zoning Appeals Kelsie Eads—4:00 pm Carla Griffith—4:10 pm The Mayor thanked the applicants and stated that the discussion would occur in the future. Challenges of Adopting Banned Breeds The Governing Body heard from Prairie Paws Animal Shelter Executive Director Vanessa Cowie and attorney Katie Barnett regarding banned breed adoptions and discussed the following: • Reviewed services provided through the funding agreement • Discussed the challenges with DNA testing in shelter animals • Reviewed national organizations that support dangerous dogs' language in comparison to breed-specific legislation • Provided bite risk factors in canines • Discussed model dangerous dog ordinance components, including nuisance animal, dangerous animal, and vicious animal Hidden Lakes Subdivision Preliminary Plat The Governing Body heard from Mike Hall, Community Development Director, who reviewed a preliminary plat for the Hidden Lakes Subdivision: • Application was received on November 21, 2022 • Planning Commission discussed the project at their December 14, 2022 meeting • Phase 1, the applicants are proposing an approximately 8.95-acre residential subdivision • The plat includes public street construction and dedication with new utilities, sidewalks, street lighting, and stormwater collection & management • Approval is subject to these conditions 1. Review and approval by the City Commission of a variance to a minimum 60’ right-of- way width for SE 19th Street to allow the substandard right-of-way width as shown on the preliminary plat 2. Closure of access to S Princeton north of the site with a physical barrier immediately north of Lot 21, County Clerk, Addition No. 1 (841 S. Princeton). Installation of the barrier is the responsibility of the developer. This requirement should be more clearly noted on the preliminary plat. 1 January 23, 2023 City of Ottawa Study Session Minutes January 23, 2023 Page 2 3. Installation of a pedestrian crossing signal on S Princeton at the south side of the intersection of E 19th Street and Princeton. Design and construction are subject to review and approval by the City of Ottawa. Installation is the responsibility of the developer. 4. Complete review by City staff and City Engineer and resolution of issues regarding preliminary plat and application response received January 3, 2023. The Governing Body took public comment. Gary Harris, 1801 S. Princeton, discussed traffic and stormwater concerns. Karen Harris, 1801 S. Princeton, discussed traffic and tenant concerns. After much discussion, the Governing Body agreed by consensus to place this on the Study Session agenda for January 30, 2023. Fire Department Comprehensive Study The Governing Body heard from Fire Chief Tim Matthias, who reviewed the recent request for proposals for the comprehensive fire department study and reviewed the following: • Ottawa Fire Department was given the authorization to initiate the process of completing a comprehensive fire department study utilizing ARPA funds • OFD received two bids during the process • Center of Public Safety Management (CPSM) is recommended due to an incomplete bid from Emergency Service Consulting International (ESCI) • CPSM included a reference list and completed report • Total cost not to exceed $76,500 The Governing Body agreed by consensus to place this on the next Regular Meeting agenda for February 1, 2023. City Manager's Comments City Manager Richard U. Nienstedt had no comment. The Governing Body discussed the Commission Board and Commission Assignments for 2023-2024. Mayor Pro Tem Skidmore will continue with the Airport Advisory Board, Chamber of Commerce Board, and the Play Task Force. Mayor Crowley will continue with the Franklin County Development Council and Library Board. Commissioner Caylor will continue with the Kansas Municipal Energy Agency Board and Neighborhood Revitalization Board. Commissioner Clayton will join the Ottawa Main Street Board and continue with Prairie Paws Animal Shelter. Commissioner Graves will continue with the Ottawa Memorial Auditorium Board. Commissioner's Comments None given. Mayor's Comments Mayor Crowley had no comment. Executive Session Recess Mayor Crowley made a motion, seconded by Commissioner Graves, to recess into executive session with City Attorney Blaine Finch, Human Resource Director Michelle Wapp, and City Manager Richard U. Nienstedt present to discuss a matter of attorney-client privilege for non- 2 January 23, 2023 City of Ottawa Study Session Minutes January 23, 2023 Page 3 elected personnel to preserve the privacy of applicants for the city manager position for a period of 45 minutes, resuming at 6:50 pm. The motion was considered and upon being put, all present voted aye. The Mayor declared the meeting duly recessed. Reconvene Commissioner Caylor made a motion, seconded by Commissioner Clayton, 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 6:50 pm. Recess Commissioner Caylor made a motion, seconded by Commissioner Graves, to recess into executive session with City Attorney Blaine Finch, Human Resource Director Michelle Wapp, and City Manager Richard U. Nienstedt present to discuss a matter of attorney-client privilege for non- elected personnel to preserve the privacy of applicants for the city manager position for a period of 25 minutes, resuming at 7:15 pm. The motion was considered and upon being put, all present voted aye. The Mayor declared the meeting duly recessed. Reconvene Commissioner Caylor made a motion, seconded by Mayor Crowley, 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 7:15 pm. Board of Zoning Applicants The Governing Body briefly discussed applicants for the board of zoning appeals. Adjournment There was no further business before the Governing Body, the Mayor Pro Tem declared the meeting duly adjourned at 7:17 pm. /s/ Melissa Reed Melissa Reed, City Clerk 3 January 23, 2023

Agenda

OTTAWA CITY COMMISSION STUDY SESSION AGENDA Monday, January 23, 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 23, 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. 1. Emily Harvey (Chicken Regulations) CITY BOARD INTERVIEWS 1. Board of Zoning Appeals A. 4:00 pm - Kelsie Eads (P. 2) B. 4:10 pm - Carla Griffith (P. 3) ITEMS TO BE PLACED ON THE REGULAR CITY COMMISSION AGENDA ITEMS FOR PRESENTATION AND DISCUSSION 1. Challenges of Adopting Banned Breeds - Vanessa Cowie, Prairie Paws Animal Shelter 2. Hidden Lakes Subdivision Preliminary Plat Phase I - Mike Hall (Pp. 4 - 13) 3. Fire Department Comprehensive Study - Chief Matthias / Melanie Landis (Pp. 14 ) 4. Comments by City Manager A. Commission Board Assignments for 2023-2024 5. Comments by City Commissioners 6. Comments by Mayor ANNOUNCEMENTS 1. January 25, 2023 LKM Local Government Day - 2:00 pm, Topeka 2. January 30, 2023 Study Session - 4:00 pm, City Hall 3. February 1, 2023 Regular Meeting - 7:00 pm, City Hall ITEMS ALREADY PLACED ADJOURN 1.23.23 Agenda Pkt Page 1 1 1.23.23 Agenda Pkt Page 2 1.23.23 Agenda Pkt Page 3 STAFF MEMORANDUM TO: Richard U. Nienstedt, City Manager and the Honorable City Commission FROM: Mike Hall, AICP, Community Development Director DATE: January 19, 2023 (January 23, 2023 City Commission Study Session) SUBJECT: Hidden Lakes Subdivision / Preliminary Plat Phase 1 It is requested that the City Commission consider a variance to Ottawa’s subdivision regulations for approval of Hidden Lakes, a subdivision of 24 single family residential lots located east of the S Princeton and E 19th Street intersection. The Commission is also being asked to consider the addition of a barricade on S Princeton Street north of E 19th Street as a condition of the preliminary plat. Access to Hidden Lakes is by an extension of E 19th to be built and dedicated as a public street by the developer. The extension of E 19th Street is through a parcel of land with a width of less than 45 feet. The proposed right-of-way is less than the 60 feet minimum width of right-of-way required by Ottawa’s subdivision regulations for a local residential street. Action by Planning Commission The Planning Commission has the authority to approve preliminary plats. Pursuant to section 10-1 of the Subdivision Regulations, variances to subdivision standards require approval of the City Commission. Several neighboring property owners attended the January 11th meeting, and some expressed concerns about stormwater and the barricade on S Princeton Street. One of the property owners adjacent to the extension of E 19th Street wants to retain their driveway access and is asking the developer to install a fence at the rear of their property. The Planning Commission voted 5-0 to approve the preliminary plat, subject to conditions of approval, and to make the necessary findings to support the variance: 1. That there are special circumstances or conditions affecting the property; 2. That the variance or exception is necessary for the reasonable and acceptable development of the property in question; and 3. That the granting of the variances or exceptions will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated. 4. Granting of a variance or an exception will not undermine or conflict with the comprehensive plan, area plans or adopted corridor management plans. Barricade on South Princeton Street South Princeton Street splits north of E 19th Street. On the east side of the split, Princeton Street is a two- way street providing direct access to several residential lots. Princeton Street on the west side of the split is limited to one-way north bound traffic and becomes S Main Street at the north end of the one-way couplet. The narrow-angle intersection of the two segments of Princeton Street encourages unsafe movements of southbound traffic from the east side of the split onto Princeton on the west side of the split. The extension of E 19th Street east of Princeton exacerbates the existing four-way intersection by 1.23.23 Agenda Pkt Page 4 adding another street, creating a five-way intersection. Staff recommended the barricade on S Princeton Street as a solution. At least one owner of property fronting on S Princeton is opposed to it being barricaded. The developer conducted a traffic study (including a warrant-analysis) primarily to determine if there is a need for signalization at E 19th and Princeton. The warrant analysis concluded that signalization is not warranted. Attachments: Staff Report to Planning Commission Vicinity Map Hidden Lakes Preliminary Plat, sheets 1 and 2 Hidden Lakes Conceptual Intersection Plan 12-21-2022 Traffic Impact Study (excluding appendices) 1.23.23 Agenda Pkt Page 5 STAFF REPORT TO: City of Ottawa Planning Commission FROM: Community Development Staff MEETING DATE: January 11, 2023 SUBJECT: Hidden Lakes Phase 1 Preliminary Plat Summary Anderson Engineering and Belmont Development Company submitted a preliminary plat for Hidden Lakes subdivision on November 21, 2023. The Planning Commission discussed the project at their December 14th meeting. Staff recommends the Planning Commission approve the preliminary plat subject to specific findings and conditions. In Phase 1, the applicant is proposing an approximately 8.95-acre residential subdivision located east of the intersection of 19th and Princeton streets, and consisting of 25 lots, 24 of which are for single-family residential use. There is an additional lot and tract for community use. The plat includes public street construction and dedication with new utilities, sidewalk, street lighting, and stormwater collection & management. Analysis The proposed preliminary plat is in substantial compliance with the subdivision regulations and zoning requirements for the R-2 District (property is zoned R-2 Medium Density Residential). The proposed development is consistent with the Comprehensive Plan and complements the current and anticipated future use of surrounding properties. Key issues include the design of E 19th Street, where it intersects with S Princeton Street, the need for a traffic signal or other traffic measures at the intersection, and requirements that apply to future phases regarding traffic and fire access. The design of public streets, sanitary sewer, and water is an important consideration, and the preliminary plat shows how they are laid out on the site. Prior to consideration of a final plat, the developer will provide the City with more detailed construction plans for public streets, sanitary sewer, to be reviewed prior to approval of a final plat. Utilities and Public Works staff have reviewed the infrastructure shown on the preliminary plat, and the applicant has or is in the process of addressing staff review comments. The developer submitted a revised preliminary plat and a detailed response on January 3rd. The revised plans substantially address staff review comments but the plans are still under review. A more detailed explanation of how the preliminary plat addresses the issues and requirements is provided below. Recommendation Staff recommends the Planning Commission approve the preliminary plat subject to the following conditions. For approval of the plat as proposed, the Planning Commission must make the findings for a variance for street right-of-way per Section 10-1 of the Subdivision Regulations, specifically: 1. That there are special circumstances or conditions affecting the property; 1.23.23 Agenda Pkt Page 6 2. That the variance or exception is necessary for the reasonable and acceptable development of the property in question; and 3. That the granting of the variances or exceptions will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated. 4. Granting of a variance or an exception will not undermine or conflict with the comprehensive plan, area plans or adopted corridor management plans. Approval is subject to these conditions: 1) Review and approval by the City Commission of a variance to minimum 60’ right-of- way width for SE 19th Street to allow the substandard right-of-way width as shown on the preliminary plat. 2) Closure of access to S Princeton north of the site, with a physical barrier immediately north of Lot 21, County Clerk Addition No. 1. (841 S Princeton). Installation of the barrier is the responsibility of the developer. This requirement should be more clearly noted on the preliminary plat. 3) Installation of a pedestrian crossing signal on S Princeton at the south side of the intersection of E 19th Street and Princeton. Design and construction is subject to review and approval by the City of Ottawa. Installation is the responsibility of the developer. 4) Complete review by City staff and City Engineer and resolution of issues regarding preliminary plat and application response received January 3, 2023. Traffic: E 19th and S Princeton Intersection Access to Hidden Lakes Subdivision is by way of dedicated street right-of-way from S Princeton Street at its current intersection with E 19th Street, through an existing parcel of land. The proposed street will be classified a “local residential” street. Section 4-3 of the Subdivision Regulations (Street Standards) requires a minimum of 60 feet for width of right- of-way for a local residential street. The parcel of land used for the street right-of-way is less than 45 feet wide (43’ per the preliminary plat) and thus does not meet the minimum right-of- way width required by the Subdivision Regulations. Variances or exceptions to the Subdivision Regulations may be approved per Article 10, Section 10-1 of the Subdivision Regulations. A recommendation from the Planning Commission to the City Commission is required, and the decision is by the City Commission. Provisions for variances and exceptions to the subdivision regulations are as follows. SECTION 10-1 VARIANCES AND EXCEPTIONS 10-101. a. Whenever the Planning Commission deems full conformance to provisions of these regulations is impractical or impossible due to the size, shape, topographic location or condition, or such usage of land included in a subdivision plat being presented for approval, the Planning Commission may recommend variances or exceptions of these regulations in the final plat. Such recommendation shall intend that substantial justice may be done and the public interest be secured. Such Planning Commission recommendation for authorization of variances or exceptions shall be made by letter 1.23.23 Agenda Pkt Page 7 of transmittal to the Governing Body. In recommending such variances or exceptions, the Planning Commission must find: 1. That there are special circumstances or conditions affecting the property; 2. That the variances or exceptions are necessary for the reasonable and acceptable development of the property in question; and 3. That the granting of the variances or exceptions will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated. 4. Granting of a variance or an exception will not undermine or conflict with the comprehensive plan, area plans or adopted corridor management plans. (10-101-a-4 - 02-19-14) b. Such request for exception shall be approved, approved with conditions or disapproved by the Governing Body after its consideration of the recommendation of the Planning Commission. The decision of the Governing Body shall be transmitted in writing to the subdivider and the Planning Commission. Staff recommends the Planning Commission make the necessary findings to recommend approval of the variance/exception. The developer and owner does not control the land on either side of the narrow parcel, and this narrow parcel is the best and most practical way for access to Phase 1. The applicant provided City staff with a conceptual design for the intersection in response to input from staff and the City Engineer. Other than the right-of-way width, the proposed street substantially meets the City’s standards for street design and accommodates the utility extensions to the site. Most of the utilities are located in an easement on the north side of the street right-of-way. At the suggestion of City staff, the developer conducted a meeting with neighboring property owners on October 24, 2022. The owners and residents of the two properties adjoining the new street right-of-way attended. The discussion focused mainly on how the new street will affect access to the two properties and the safety of the intersection. Following that meeting, the owner of the parcel on the south side of the right-of-way submitted an email to staff and the City Commission expressing concern about the safety of the intersection and the possible need for a signalized intersection and other traffic measures. In summary, the preliminary plat addresses the traffic issues as follows: • City staff have recommended a pedestrian-activated signal for pedestrian crossing on the south side of the E 19th & Princeton intersection. Installation of the signal would be the responsibility of the developer. • City staff recommended the closing of S Princeton Street north of the intersection. North of the intersection, S Princeton provides direct access to the homes north of E 19th. As shown on the preliminary plat, object marker signs will be placed across S Princeton immediately north of the parcel at the northeast corner of S 19th & Princeton. Residents north of the barrier will retain access to Princeton Street via 17th Street to the north. • The developer conducted a traffic impact study mainly to address the need for a fully signalized intersection. The traffic study is for Phase 1, and any development beyond Phase 1 will require a new or revised traffic study. Decisions about signalization are made based on a “warrant analysis”. The traffic study’s warrant analysis does not recommend signalization. 1.23.23 Agenda Pkt Page 8 Streets and Utilities Future construction drawings will address comments and provide more detail regarding streets and utilities such as: • Pedestrian walkways and sidewalks • Utilities on 19th Street • Sewer main on Cooper Lane Fire Department / Emergency Access Phase 1 contains lots for 24 single family homes. Development exceeding 30 dwellings requires a second access. Note #10 on the preliminary plat requires an approved access road to connect with S Cedar Street south of the property. The preliminary plat shows a future easement for a connecting road across the adjoining parcel on the south side of Tract C, a future development phase. The Fire Department has reviewed the preliminary plan and the second submittal (received January 3, 2023) addresses Fire Department’s earlier review comments. Stormwater Analysis The proposed development will increase the amount of impermeable surface on site resulting in the need for stormwater management to adequately restrict post project flows. To match existing drainage patterns there will be a permanent detention basin located on the north side of the property (Tract A), which will provide flow restriction and storage for Phase 1. This area was chosen because it is the low point on the property, matches existing drainage patterns, and is close to the proposed flow outfall location. City Engineer has reviewed the stormwater study and has requested more information. The applicant responded with more information in their January 3rd submittal, and this is under review by the city engineer. Approval of the stormwater plans is required prior to final plat. Attachments a) Vicinity Map b) Hidden Lakes Preliminary Plat, sheets 1 and 2 c) Hidden Lakes Conceptual Intersection Plan 12-21-2022 d) Traffic Impact Study (excluding appendices) 1.23.23 Agenda Pkt Page 9 1.23.23 Agenda Pkt Page 10 1.23.23 Agenda Pkt Page 11 Vicinity Map Hidden Lakes Phase I 1.23.23 Agenda Pkt Page 12 A LICENSED ARKANSAS ENGINEERING & SURVEYING CORPORATION - COA# 335 OBJECT MARKER SIGNAGE ENGINEERS SURVEYORS LABORATORIES DRILLING 811 E. THIRD STREET JOPLIN, MISSOURI 64801 PHONE (417) 782-7399 REMOVE EXISTING PAVEMENT JOSHUA OATHOUT NOVEMBER 9, 2022 MICAH SOUDER PE-28574 22JO10091 DRAWING INFO. S PRINCETON ST JOB NUMBER: EXISTING SIDEWALK TO BE EXTENDED DRAWN BY: LICENSE NO. FIELD BOOK: TO NEW PUBLIC SIDEWALK CHECK BY: 16.5' UTILITY EASEMENT DATE: REPLACE DRIVEWAY AT PROPOSED ELECTRIC 1841 S PRINCETON EXISTING GAS MAIN PROPOSED TELECOM DATE BK 195, PG 713 ETON ST PROPOSED POWER POLE. S PRINC ONE-WAY (ROUTE TO BE COORDINATED BY EXISTING SANITARY SEWER MAIN COPYRIGHT ANDERSON ENGINEERING, INC. 2022 W/ UTILITY PROVIDER) PROPOSED WATER MAIN EXISTING OUND 2.5' CONCRETE NORTH-B 4.8' DRIVEWAY DESCRIPTION 2.0' 2.5' REVISIONS SAWCUT AND REPLACE 2 FT STRIP OF PAVEMENT ALONG 5.5' EDGE OF NEW PAVEMENT 5.0' 3.0' PROPOSED ONE-WAY AND C NO LEFT-TURN SIGNAGE PROPOSED UTILITIES AND INFRASTRUCTURE TO EXISTING EDGE OF GRAVEL CONTINUE EAST INTO PROPOSED PHASE 1 OF HIDDEN LAKES NO. 27.0' BC-BC CROSSWALK 43.4' R25.0' 23.0' PAVEMENT CONCEPTUAL INTERSECTION PLAN BELMONT DEVELOPMENT COMPANY, LLC 90 S PRINCETON STREET °0' 0 "' ' 90 °0' PROPOSED CENTERLINE 3.0' 0" 7.6' EXISTING EDGE OF PAVEMENT HIDDEN LAKES SUBDIVISION E 19TH STREE T LEGEND SEWER MANHOLE OTTAWA, FRANKLIN COUNTY, KANSAS R2 WATER VALVE 5.0 ' FIRE HYDRANT PHASE 1 PROPERTY LINE EXISTING DRIVEWAY FOR 1905 S SANITARY SEWER PRINCETON TO BE CLOSED OR RELOCATED FURTHER EAST ALONG NEW ROADWAY. STORM SEWER TELEPHONE LINE GAS LINE WATER LINE ELECTRIC LINE UNDERGROUND ELECTRIC Y O N SILT SOCK I EXISTING SIDEWALK RAMP PROPOSED SIDEWALK LIMITS OF DISTURBED AREA N AR UCT RAMPS (TYP.) M I R LI NST FENCE E PROPOSED BLINKING PEDESTRIAN EXISTING WATER MAIN PR CO O R TF CROSSING SIGNAGE NO EXISTING EDGE OF PAVEMENT DRAWING NO. JOP-100-6770 SHEET NUMBER OF 2 SECTION LINE 1 1.23.23 Agenda Pkt Page 13 To: Richard U. Nienstedt, City Manager Date: January 19, 2023 From: Tim Matthias, Fire Chief RE: Comprehensive Fire Department Study Item Reference Comprehensive Fire Department study. Background The Ottawa Fire Department was given authorization to initiate the process of completing a comprehensive fire department study utilizing ARPA funds. The OFD received two bids during this process. One from the Center of Public Safety Management (CPSM) and another from Emergency City of Ottawa Services Consulting International (ESCI). 101 S. Hickory Recommendation Ottawa, KS 66067 Staff is recommending the CPSM bid for the following reasons: 1. ESCI did not submit references. 785.229.3600 2. ESCI did not submit a completed fire station study. I requested a copy but was told they could not provide this due to it “showing the good, the bad, and the ugly.” www.ottawaks.gov 3. ESCI did not submit a not to exceed cost. 4. CPSM did include a reference list and a completed report. The completed report assisted staff in making the decision due to the robust and detailed report that will benefit the department and the city of Ottawa for years down the road. Fiscal Note ESCI total cost $48,233.00. CPSM total cost‐ Not to exceed $76,500.00. 1.23.23 Agenda Pkt Page 14

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