City Commission

OTTAWA CITY COMMISSION STUDY SESSION AGENDA Monday, February 13, 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 13, 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 - 9) A. January 30, 2023 Study Session B. February 1, 2023 Regular Meeting C. February 6, 2023 Study Session ITEMS FOR PRESENTATION AND DISCUSSION * 1. Ordinance Vacating the Utility Easement in Wildcat Two Addition - Jenna Hillyer (Pp. 10 - 14) 2. Ultraviolet Disinfection System at Water Reclamation Facility - Dennis Tharp / Dan Riney (P. 15) 3. Resolution of Support for Housing Investor Tax Credits: Ottawa Destination Development LLC - Melanie Landis P. 16 - 17) 4. Comments by City Manager 5. Comments by City Commissioners 6. Comments by Mayor ANNOUNCEMENTS 1. February 15, 2023 Regular Meeting - 10:00 am, City Hall 2. February 20, 2023 Study Session - 4:00 pm, City Hall 3. February 22, 2023 Joint City/County/USD 290 Luncheon - 12:00 pm, Franklin County Annex 4. February 27, 2023 Study Session - 4:00 pm, City Hall ITEMS ALREADY PLACED 1. Resolution of Support for Housing Investor Tax Credits: Heartland Design Build, LLC 2. Resolution of Support for Housing Investor Tax Credits: Roc Em LLC *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. 2.13.23 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. 2.13.23 Agenda Pkt Page #2 Electric Rate Discussion 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. City Attorney Blaine Finch updated the Governing Body on the sale of 103 and 107 N. Elm. Mr. Finch stated that several discussions had occurred on the real estate contract with Diane Coates. An updated real estate contract was sent to Diane Coates and no communication has been received as of January 30th. Commission Caylor made a motion, seconded by Commissioner Clayton, to reject the bid due to a non-executed contract. The motion was considered and upon being put, all present voted aye. The Mayor declared this motion duly approved. Executive Session Recess 2.13.23 Agenda Pkt Page #3 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 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 2.13.23 Agenda Pkt Page #4  Regular Meeting Minutes City Hall 101 S Hickory, Ottawa, Kansas Minutes of February 1, 2023 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 Graves, and Commissioner Clayton. Commissioner Caylor arrived at 7:05 pm. Mayor Crowley called the meeting to order. The Mayor welcomed the audience and led the Pledge of Allegiance to the American flag. Reverend Bob Colerick, First Christian Church, gave the invocation. Commissioner Caylor arrived at 7:05 pm. Consent Agenda Commissioner Graves made a motion, seconded by Mayor Pro Tem Skidmore, to approve this consent agenda to include minutes from the January 9, 2023 Study Session, January 18, 2023 Regular Meeting, January 23, 2023 Study Session; the following Board and Commission appointment: Board of Zoning Appeals: Carla Griffith; the following Board and Commission assignments for 2023-2024: Airport Advisory Board – Mayor Pro Tem Skidmore, Chamber of Commerce – Mayor Pro Tem Skidmore, Franklin County Development Council – Mayor Crowley, Kansas Municipal Energy Agency – Commissioner Caylor, Library Board – Mayor Crowley, Neighborhood Revitalization Committee – Commissioner Caylor, Ottawa Main Street Association Board – Commissioner Clayton, Ottawa Memorial Auditorium Advisory Board – Commissioner Graves, Play Task Force – Mayor Pro Tem Skidmore, Prairie Paws Animal Shelter – Commissioner Clayton; 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. Proclamation—Black History Month Mayor Pro Tem Skidmore read a proclamation recognizing Februrary 2023 as Black History Month. February has been set aside nationally for Black History Month to allow an opportunity for citizens to become aware of the contributions African-Americans have made. Richard Jackson accepted the proclamation and thanked the Governing Body for this recognition. 2.13.23 Agenda Pkt Page #5 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 provided the following details: • 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 Commissioner Caylor made a motion, seconded by Commissioner Graves, to approve this bid. The motion was considered and upon being put, all present voted aye. The Mayor declared this bid duly approved. Hidden Lakes Subdivision Preliminary Plat – Phase I 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 a 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 Commissioner Graves made a motion, seconded by Mayor Pro Tem Skidmore, to approve thisvariance and the preliminary plat. The motion was considered and upon being put, all present voted aye. The Mayor declared this agreement duly approved. Request for Approval of Electric Rate Resolution 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% 2.13.23 Agenda Pkt Page #6  • Implementation would take place in March of each year • City staff recommends approval Mayor Pro Tem Skidmore made a motion, seconded by Commissioner Caylor, 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. 1928-23. City Manager’s Comments City Manager Richard U. Nienstedt had no comments. Commissioner’s Comments None given. Mayor’s Comments Mayor Crowley had no comments. Announcements Mayor Crowley made the following announcements: February 6, 2023 Study Session – 4:00 pm, City Hall February 13, 2023 Study Session – 4:00 pm, City Hall February 15, 2023 Regular Meeting –10:00 am, City Hall Adjournment There being no further business to come before the Governing Body, the Mayor declared the meeting duly adjourned at 7:22 pm. Melissa Reed, City Clerk 2.13.23 Agenda Pkt Page #7  Study Session Minutes Ottawa, Kansas Minutes of February 6, 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 was absent. A quorum was present. Mayor Crowley called the meeting to order. Public Comments None given. Minutes to Review The Governing Body removed the January 30, 2023 Study Session minutes from the agenda. Discussion of Chicken Regulations in Other Cities The Governing Body heard from Melanie Landis, Interim Community Development Director and City Planner Jenna Hillyer, who reviewed chicken regulations and answered questions: • At the January 23, 2023 study session, a citizen requested that the Governing Body consider an ordinance allowing the keeping of chickens in residential areas for private use • Nearby city regulations were reviewed • Citizen Petitions and public comment emails were received After some discussion, the Governing Body requested staff to prepare a draft ordinance with permitting regulations for review at a future study session. Resolution of Support for Housing Investor Tax Credits: Heartland Design Build, LLC The Governing Body heard from Finance Director Melanie Landis, who reviewed a resolution of support for the housing investor tax credits for Heartland Design Build, LLC and discussed the following: • Housing Investor Tax Credits (HITC) are offered for the construction of residential dwellings through the Kansas Housing Resources Corporation (KHRC) • Application is submitted directly to KHRC by the developer • Resolution of support from the City aids in consideration of award for HITCs • Resolution acknowledges a shortage of quality housing in various price ranges despite the best efforts of public and private housing developers • 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 • City staff recommends consideration of the proposed resolution of support The Governing Body agreed by consensus to place this on the Regular Meeting agenda for February 15, 2023. Resolution of Support for Housing Investor Tax Credits: Roc Em LLC The Governing Body heard from Finance Director Melanie Landis, who reviewed a resolution of support for the housing investor tax credits for Roc Em, LLC and discussed the following: 2.13.23 Agenda Pkt Page #8  • Housing Investor Tax Credits (HITC) are offered for the construction of multifamily residential dwellings through the Kansas Housing Resources Corporation (KHRC) • Application is submitted directly to KHRC by the developer • Resolution of support from the City aids in consideration of award for HITCs • Resolution acknowledges a shortage of quality housing in various price ranges despite the best efforts of public and private housing developers • 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) • City staff recommends consideration of the proposed resolution of support The Governing Body agreed by consensus to place this on the Regular Meeting agenda for February 15, 2023. City Manager's Comments City Manager Richard U. Nienstedt had no comment. Commissioner's Comments None were offered at this time. Mayor's Comments Mayor Crowley wished City Attorney Blaine Finch Happy Birthday. Announcements Mayor Crowley made the following announcements: • February 13, 2023 Study Session, 4:00 pm, City Hall • February 15, 2023 Regular Meeting, 10:00 am, City Hall • February 20, 2023 Study Session, 4:00 pm, City Hall • February 27, 2023 Study Session, 4:00 pm, City Hall Adjournment There was no further business before the Governing Body, the Mayor declared the meeting duly adjourned at 4:17 pm. Melissa Reed, City Clerk 2.13.23 Agenda Pkt Page #9  STAFF MEMORANDUM TO: Richard U. Nienstedt, City Manager FROM: Jenna Hillyer, City Planner DATE: February 9, 2023 SUBJECT: An ordinance The 20’ Utility Easement running over the West 20 feet of Lots 1, 2, 3, and 4 in the Wildcat Two Addition, in the City of Ottawa, Franklin County, Kansas. Comments: The City of Ottawa’s Planning Commission reviewed the vacation for the utility easement and held a public hearing. Nick Ford, the owner of the property, has requested the vacation of the 20’ Utility Easement running over the West 20 feet of Lots 1, 2, 3, and 4. This request was submitted to the Development Review Committee and Utility Advisory Committee for review. There were no comments received in objection to the vacation request from the utility providers. The easement does not affect any other property owners. The owner initiated construction of an expansion to the Central RV building prior to the City’s annexation of the land in Wildcat two Addition. The building expansion was by a building permit from Franklin County. The owner constructed the building over the easement. The property is being sold, and the buyer has requested the encroachment on the utility easement be cleared up prior to closing on the sale. There were no other public comments during the hearing, The subdivision regulations require that, before making a recommendation to the City Commission, the Planning Commission determine (a) Due and legal notice has been given; Staff called the required public hearing and notified the affected property owners. (b) No private rights will be injured or endangered; and None of the adjacent property owners will experience loss of access from the vacation, and the vacated property will be redistributed appropriately. (c) The public will suffer no loss or inconvenience; The right-of-way has not been developed for travel by the public and, as a result, there will be no inconvenience to the general public. The Planning Commission recommends to the City Commission to approve the vacation the 20’ Utility Easement running over the West 20 feet of Lots 1, 2, 3, and 4 in the Wildcat Two Addition, in the City of Ottawa, Franklin County, Kansas by a 6-0 vote. Attachments: Ordinance Application for Vacation Location Map 2.13.23 Agenda Pkt Page #10  ORDINANCE NO. AN ORDINANCE VACATING THE 20’ UTILITY EASEMENT OVER THE WEST 20’ OF LOTS 1, 2, 3, AND 4 IN THE WILDCAT TWO ADDITION, IN THE CITY OF OTTAWA FRANKLIN COUNTY, KANSAS. BE IT ORDAINED by the Governing Body of the City of Ottawa, Kansas, as follows: Section 1: VACATION OF A UTILITY EASEMENT within the City Limits. Pursuant to recommendations issued by the City Planning Commission of the City of Ottawa, Kansas, after a public hearing on February 8, 2023, notice of which was duly given; the following described portion of that utility easement, situated within the City of Ottawa, Franklin County, Kansas is hereby vacated and more particularly described: Generally located on Lots 1, 2, 3 and 4 in the Wildcat Two Addition, in the City of Ottawa Franklin County, Kansas, and more particularly described as follows: The 20’ Utility Easement running over the West 20 feet of Lots 1, 2, 3, and 4 in the Wildcat Two Addition, in the City of Ottawa, Franklin County, Kansas. Note: This vacation does not affect the 25’ Utility Easement over the north portion of Lot 1, nor the 20’ Utility Easement over the south portion of Lot 4. Section 2: From and after the effective date of this ordinance the ownership of the portion of the utility easement described above, vacated herein, shall revert to the owners of the real estate subservient thereto, according to law. Section 3: The City Clerk is authorized to certify a copy of the order and directed to record this ordinance in the office of the Register of Deeds of Franklin County, Kansas. Section 4: This ordinance shall be effective from and after its passage, approval, and publication in the official city newspaper. PASSED AND ADOPTED by the Governing Body of the City of Ottawa, Kansas, this day of , 2023. Mayor ATTEST: City Clerk 2.13.23 Agenda Pkt Page #11 2.13.23 Agenda Pkt Page #12 2.13.23 Agenda Pkt Page #13  VICINITY MAP Request for Vacation of Utility Easement Wildcat Two Addition By Nick Ford, Central RV, Inc. 2.13.23 Agenda Pkt Page #14  MEMORANDUM TO: RICHARD U. NIENSTEDT AND THE HONORABLE CITY COMMISSION FROM: DENNIS THARP, UTILITIES DIRECTOR AND DAN RINEY, ASSISTANT UTILITIES DIRECTOR SUBJECT: ARPA FUND EXPENDITURE FOR UV DISINFECTION AT WATER RECLAMATION FACILITY City of Ottawa DATE: FEBRUARY 7, 2023 101 S. Hickory Proposals were received on February 1st of this year. There was only one proposal Ottawa, KS 66067 submitted. Davis Structure and Development Corporation in cooperation with Trojan UV Disinfection Systems submitted a proposal in the amount of $566,080.00 for supply and 785.229.3600 installation of the Trojan system. www.ottawaks.gov This particular project has been on the list of projects previously approved to utilize the ARPA funds that the city has received. The Trojan system meets all the needs and requirements necessary for the project. Davis Structure and Development has extensive experience installing the Trojan systems and we feel their proposal should be accepted. 2.13.23 Agenda Pkt Page #15 1  MEMORANDUM TO: RICHARD U. NIENSTEDT AND THE HONORABLE CITY COMMISSION FROM: MELANIE LANDIS, FINANCE DIRECTOR SUBJECT: RESOLUTION OF SUPPORT – HOUSING INVESTOR TAX CREDITS DEVELOPER: OTTAWA DESTINATION DEVELOPMENT LLC DATE: February 8, 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. Ottawa Destination Development LLC is applying for forty (40) credits related to the Ottawa Destination Project which includes the construction of 3 apartment buildings including approximately 72 units. This HITC application is in coordination with a Franklin County Moderate Income Housing (MIH) grant application. RECOMMENDATION: Staff recommends consideration of the proposed Resolution of Support for the Housing Investor Tax Credit application of Ottawa Destination Development LLC. 2.13.23 Agenda Pkt Page #16 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, Ottawa Destination Development LLC (the “Developer”), Developer of the Ottawa Destination Project desires to apply for HITC; and WHEREAS, the Developer will apply for forty (40) 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 Ottawa Destination Project developed by Ottawa Destination Development LLC for forty (40) 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 2.13.23 Agenda Pkt Page #17