City Commission

OTTAWA CITY COMMISSION STUDY SESSION AGENDA Monday, February 6, 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#. To view on YouTube: https:// comment, email publiccomments@ottawaks.gov no later than www.youtube.com/@ottawaksgov 2:00 pm on February 6, 2023; all emails must include your name If you need this information in another format or require a and address. reasonable accommodation to attend this meeting, contact the Participants who generate unwanted or distracting noises may be City’s ADA Coordinator at 785-229-3621. Please provide advance muted by the meeting host. If this happens, unmute yourself when notice of at least two (2) working days. TTY users please call 711. 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. Minutes (Pp. 2 - 4) A. January 30, 2023 Study Session ITEMS FOR PRESENTATION AND DISCUSSION * 1. Discussion of Chicken Regulations in Other Cities - Melanie Landis / Jenna Hillyer (P. 5) 2. Resolution of Support for Housing Investor Tax Credits: Heartland Design Build, LLC - Melanie Landis (Pp. 6 - 7) 3. Resolution of Support for Housing Investor Tax Credits: Roc Em LLC - Melanie Landis (Pp. 8 - 9) 4. Comments by City Manager 5. Comments by City Commissioners 6. Comments by Mayor ANNOUNCEMENTS 1. February 13, 2023 Study Session - 4:00 pm, City Hall 2. February 15, 2023 Regular Meeting - 10:00 am, City Hall 3. February 20, 2023 Study Session - 4:00 pm, City Hall 4. February 27, 2023 Study Session - 4:00 pm, City Hall ITEMS ALREADY PLACED ADJOURN *All presentation materials to be reviewed at study session (including PowerPoint) must be emailed to presentations@ottawaks.gov and gmathews@ottawaks.gov by 10:00 am the Thursday prior to the meeting. 2.6.23 Agenda Pkt Page #1  Study Session Minutes Ottawa, Kansas Minutes of January 30, 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 Graves, and Commissioner Caylor. Commissioner Clayton arrived at 4:10 pm. A quorum was present. Mayor Crowley called the meeting to order. Public Comments Gary Harris presented during the Hidden Lakes Subdivision agenda item. Minutes to Review The Governing Body reviewed minutes from the January 9, 2023 Study Session, January 18, 2023 Regular Meeting, and January 23, 2023 Study Session. The Governing Body agreed by consensus to place these items on the next Regular Meeting agenda on February 1, 2023. Proclamation—Catholic Schools Week The Governing Body reviewed a proclamation recognizing January 29-February 4, 2023 as Catholic Schools Week. Mayor Crowley will present the proclamation at Sacred Heart School on January 31, 2023. Proclamation—Black History Month The Governing Body reviewed a proclamation recognizing February 2023 as Black History Month and agreed by consensus to place this item on the next Regular Meeting agenda. Monthly Financial & Activity Reports—December 2022 The Governing Body reviewed the December Monthly Financial and Activity reports with City Staff and community support organizations. Commissioner Clayton arrived at 4:10 pm. Continued Review of Hidden Lakes Subdivision Preliminary Plat – Phase I The Governing Body took public comment. Gary Harris, 1801 S. Princeton, discussed corrections to his public comment from the January 23, 2023 study session The Governing Body heard from Melanie Landis, Interim Community Development Director, who continued review on a preliminary plat for the Hidden Lakes Subdivision: • Request is to consider variance • Planning Commission discussed the project at their December 14, 2022 meeting • Approval is subject to 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 • Additional items will be addressed prior to final plat approval • Reviewed conceptual drawings for traffic flow After some discussion, the Governing Body agreed by consensus to place this on the Regular Meeting agenda for February 1, 2023. Electric Rate Discussion 2.6.23 Agenda Pkt Page #2 The Governing Body heard from Finance Director Melanie Landis and Director of Utilities Dennis Tharp, who reviewed the electric utility and discussed the following: • The city owns and operates an electric utility which includes production and distribution • Operations and capital improvements are funded through the collection of user fees for electric services • City staff, after a financial review, has determined that rate increases are necessary to maintain current service levels and accomplish capital improvements over the next five years • The proposed rate resolution was reviewed and reflected changes include: o Terminology change from Customer Charge to Base Charge o Base Charge unchanged o Demand Charge for large power user classification unchanged o The annual rate increase for 2023, 2024, 2025, 2026 and 2027 of 6% • Implementation would take place in March of each year • City staff recommends approval The Governing Body agreed by consensus to place this on the Regular Meeting agenda for February 1, 2023. City Manager's Comments City Manager Richard U. Nienstedt had no comment. Utilities Director Dennis Tharp updated the Governing Body on the BASE grant projects. A contractor has been hired for the Cottonwood Lift Station and work has begun. A contractor has been selected for the water tower at Proximity Park and the contracts are currently being reviewed. Both contracts came in significantly under engineer’s estimates, but grant funds did not cover the full cost of the project. Finance Director Melanie Landis stated Kansas Gas Service has accepts bids for their line extension project and is working on right-of-way access. Commissioner's Comments The Governing Body discussed the Mayor/Mayor Pro Tem selection process. City Attorney Blaine Finch presented the current structure and process for selection. The Governing Body requested Mr. Finch draft up a resolution identifying the process to be followed. Mayor's Comments Mayor Crowley had no comment. Executive Session Recess Mayor Crowley made a motion, seconded by Commissioner Caylor, to recess into executive session with City Attorney Blaine Finch, Finance Director Melanie Landis and City Manager Richard U. Nienstedt present to discuss a matter of attorney-client privilege and having confidential communication with the City Attorney for a period of 10 minutes reconvening at 5:30 pm. The motion was considered and upon being put, all present voted aye. The Mayor declared the meeting duly recessed. Reconvene 2.6.23 Agenda Pkt Page #3 Commissioner Clayton made a motion, seconded by Mayor Pro Tem Skidmore, 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 5:30 pm. Adjournment There was no further business before the Governing Body, the Mayor declared the meeting duly adjourned at 5:30 pm. Melissa Reed, City Clerk 2.6.23 Agenda Pkt Page #4  STAFF MEMORANDUM TO: Richard U. Nienstedt, City Manager and the Honorable City Commission FROM: Jenna Hillyer, City Planner DATE: February 2, 2023 (February 6, City Commission Study Session) SUBJECT: Urban Ag. Chicken Ordinance Research At the January 23, 2023, a citizen requested that the commission consider an ordinance allowing the keeping of chickens in residential areas for private use. Attached is the initial research done regarding the ordinances and allowances of poultry in nearby cities. This information has been gathered as a starting point for discussion on the topic of allowing chickens in residential zones. Population Max Number City Allowed 2021 Allowed 3 acres Paola 5,786 Yes 10 No permit required Roeland Park 6,817 Yes 6 Permit Required Spring Hill 8,547 Yes 6 Permit Required Mission 9,864 Yes 6 Permit Required Edgerton 1,741 Yes 6 No permit required 2-3 acres: conditional use for A, CS, R-1 and R-2 Ottawa 12,604 Yes Undefined districts. 3 acres: A, CS districts is allowed Prairie Village 22,878 Yes 8 No permit or registration No more than one per Gardner 23,942 Yes 15 1,000 square feet of lot area Manhattan 54,763 Yes Undefined No fees or permit required Permit Required Less than 1 acre: 4 Lenexa 58,388 Yes 4 1-3 acres: 5 per acre, not to exceed 15 Accessory use application required Lawrence 95,256 Yes 20 Chickens 1 per 500 sq. ft. of lot area up to 20 Kansas City, KS 154,545 Yes 3 Permit Required Kansas City, MO 58,388 Yes 15 Permit Required 2.6.23 Agenda Pkt Page #5  MEMORANDUM TO: RICHARD U. NIENSTEDT AND THE HONORABLE CITY COMMISSION FROM: MELANIE LANDIS, FINANCE DIRECTOR SUBJECT: RESOLUTION OF SUPPORT – HOUSING INVESTOR TAX CREDITS DEVELOPER: HEARTLAND DESIGN BUILD, LLC DATE: February 2, 2023 City of Ottawa BACKGROUND: 101 S. Hickory Housing Investor Tax Credits (HITC) are offered for the construction of residential Ottawa, KS 66067 dwellings through the Kansas Housing Resources Corporation (KHRC). The application process for consideration of the tax credits is submitted directly to KHRC by the 785.229.3600 developer. A resolution of support from the City aids in consideration of award for www.ottawaks.gov HITC’s. A resolution of support from the City acknowledges a shortage of quality housing in various price ranges despite the best efforts of public and private housing developers. Further finding that the shortage of quality housing is a substantial deterrent to future economic growth and development in the City; and is expected to persist and additional financial incentives are necessary to encourage private sector to construct or renovate housing in the City. Developer Heartland Design Build, LLC is applying for four (4) credits related to the Westwood #2 Project which includes the construction of 4 single family homes. RECOMMENDATION: Staff recommends consideration of the proposed Resolution of Support for the Housing Investor Tax Credit application of Heartland Design Build, LLC. 2.6.23 Agenda Pkt Page #6 1  RESOLUTION NUMBER ________ A RESOLUTION AUTHORIZING THE PREPARATION AND SUBMISSION OF AN APPLICATION TO THE KANSAS HOUSING RESOURCES CORPORATION (KHRC) FOR THE KANSAS HOUSING INVESTOR TAX CREDIT (HITC) PROGRAM. WHEREAS, the Housing Investor Tax Credit (HITC) Program authorizes Builders or Developers with Projects located in Counties with a population of less than 75,000 to apply; and WHEREAS, the County has a population of less than 75,000 and, therefore, constitutes an eligible County as said term is defined by the HITC program; and WHEREAS, Heartland Design Build, LLC (the “Developer”) Developer of the Westwood #2 Project desires to apply for HITC; and WHEREAS, the Developer will apply for four (4) HITC credits in association with the Project; and BE IT RESOLVED by the Governing Body of the City of Ottawa, Kansas: SECTION 1. The governing body hereby finds and determines that there is a shortage of quality housing of various price ranges in the City despite the best efforts of public and private housing developers. SECTION 2. The governing body hereby finds and determines that the shortage of quality housing can be expected to persist and that additional financial incentives are necessary to encourage the private sector to construct or renovate housing in the City. SECTION 3. The governing body hereby finds that the shortage of quality housing is a substantial deterrent to future economic growth and development in the City. SECTION 4. The Governing Body hereby offers its support of the application for the HITC to the Kansas Housing Resources Corporation for the Westwood #2 Project developed by Heartland Design Build, LLC for four (4) HITC’s. SECTION 5. This resolution shall be in full force and effect from and after its adoption. Adopted by the City Commission and signed by the Mayor this _____ day of February, 2023. ______________________, Mayor (SEAL) ATTEST: ____________________, City Clerk 2.6.23 Agenda Pkt Page #7  MEMORANDUM TO: RICHARD U. NIENSTEDT AND THE HONORABLE CITY COMMISSION FROM: MELANIE LANDIS, FINANCE DIRECTOR SUBJECT: RESOLUTION OF SUPPORT – HOUSING INVESTOR TAX CREDITS DEVELOPER: ROC EM LLC DATE: February 2, 2023 City of Ottawa BACKGROUND: 101 S. Hickory Housing Investor Tax Credits (HITC) are offered for the construction of multifamily Ottawa, KS 66067 residential dwellings through the Kansas Housing Resources Corporation (KHRC). The application process for consideration of the tax credits is submitted directly to KHRC by 785.229.3600 the developer. A resolution of support from the City aids in consideration of award for www.ottawaks.gov HITC’s. A resolution of support from the City acknowledges a shortage of quality housing in various price ranges despite the best efforts of public and private housing developers. Further finding that the shortage of quality housing is a substantial deterrent to future economic growth and development in the City; and is expected to persist and additional financial incentives are necessary to encourage private sector to construct or renovate housing in the City. Developer Roc Em LLC is applying for fourteen (14) credits related to the Diamond Head Street Duplex Project which includes the construction of 7 duplexes (14 units). RECOMMENDATION: Staff recommends consideration of the proposed Resolution of Support for the Housing Investor Tax Credit application of Roc Em LLC. 2.6.23 Agenda Pkt Page #8 1  RESOLUTION NUMBER ________ A RESOLUTION AUTHORIZING THE PREPARATION AND SUBMISSION OF AN APPLICATION TO THE KANSAS HOUSING RESOURCES CORPORATION (KHRC) FOR THE KANSAS HOUSING INVESTOR TAX CREDIT (HITC) PROGRAM. WHEREAS, the Housing Investor Tax Credit (HITC) Program authorizes Builders or Developers with Projects located in Counties with a population of less than 75,000 to apply; and WHEREAS, the County has a population of less than 75,000 and, therefore, constitutes an eligible County as said term is defined by the HITC program; and WHEREAS, the Roc Em LLC (the “Developer”) Developer of the Diamond Head Street Duplex Project desires to apply for HITC; and WHEREAS, the Developer will apply for Fourteen (14) HITC credits in association with the Project; and BE IT RESOLVED by the Governing Body of the City of Ottawa, Kansas: SECTION 1. The governing body hereby finds and determines that there is a shortage of quality housing of various price ranges in the City despite the best efforts of public and private housing developers. SECTION 2. The governing body hereby finds and determines that the shortage of quality housing can be expected to persist and that additional financial incentives are necessary to encourage the private sector to construct or renovate housing in the City. SECTION 3. The governing body hereby finds that the shortage of quality housing is a substantial deterrent to future economic growth and development in the City. SECTION 4. The Governing Body hereby offers its support of the application for the HITC to the Kansas Housing Resources Corporation for the Diamond Head Street Duplex Project developed by Roc Em LLC for Fourteen (14) HITC’s. SECTION 5. This resolution shall be in full force and effect from and after its adoption. Adopted by the City Commission and signed by the Mayor this _____ day of February, 2023. ______________________, Mayor (SEAL) ATTEST: ____________________, City Clerk 2.6.23 Agenda Pkt Page #9