City Commission

OTTAWA CITY COMMISSION STUDY SESSION AGENDA Monday, March 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 March 6, 2023; all emails must include your name and If you need this information in another format or require a 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 - 5) A. February 27, 2023 Study Session B. February 28, 2023 Special Call Meeting Executive Session ITEMS FOR PRESENTATION AND DISCUSSION * 1. Utility Assistance - American Rescue Plan Act (ARPA) Funding - Melanie Landis (Pp. 6) 2. Comments by City Manager 3. Comments by City Commissioners 4. Comments by Mayor ANNOUNCEMENTS 1. March 13, 2023 Study Session - 4:00 pm, City Hall 2. March 16, 2023 Retirement Reception for City Manager Richard U. Nienstedt - 2:00-4:00 pm, Commission Chambers at 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. 3.6.23 Mtg Pkt Page #1  Study Session Minutes Ottawa, Kansas Minutes of February 27, 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, Commissioner Clayton and Commissioner Caylor. A quorum was present. Mayor Crowley called the meeting to order. Public Comments None given. Minutes to Review The Governing Body reviewed minutes from the February 13, 2023 Study Session and February 15, 2023 Regular Meeting. The Governing Body agreed to place these items on the next Regular Meeting agenda on March 1, 2023. Monthly Financial & Activity Reports—January 2023 The Governing Body reviewed the January Monthly Financial and Activity reports with City Staff and community support organizations. Request to Rezone Property at 634 N. King Street The Governing Body heard from City Planner Jenna Hillyer, who reviewed an ordinance rezoning 634 N. King Street from I-2 Heavy Industrial to Mixed Use / Residential Commercial. It was explained that this rezone would allow the applicant to restore the historic building and repurpose the current brick office space into residential space and the former factory area into a garage. The Planning Commission reviewed the request and recommended approval unanimously. Ms. Hillyer answered questions from the Governing Body and provided the following information: • The structure is dilapidated and not contributing to the neighborhood in its current state or use • Under the current I-2 zoning, the applicant would not be permitted to use the building for residential purposes • The subject site is a .77-acre tract on the west side of King Street at its intersection with W. Massasoit Street • The site contains a 14,500 sq ft. (approximate) warehouse building, formerly Warner Fence Manufacturing, built in 1911 • Staff and the Planning Commission find that the proposed restoration of this building and its future uses will add value to the neighborhood and pave the way for creative reuses of existing structures • Notice was sent to surrounding property owners, and no public comments were received at the hearing The Governing Body agreed by consensus to place this item on the next Regular Meeting agenda on March 1, 2023. 3.6.23 Mtg Pkt Page #2 Ordinance Granting Conditional Use Permit for 916 S. Walnut The Governing Body heard from City Planner JennaHillyer, who reviewed the ordinance, and a request from the owner who would like to build a duplex at 916 S. Walnut. Ms. Hillyer answered questions from the Governing Body and provided the following information: • Allowed by conditional use in the Zoning Regulations • The property is currently vacant on undeveloped ground • A public hearing was held with one public comment being submitted expressing concern for the potential for increased stormwater runoff to their property, which the developer acknowledged and addressed during the public hearing • Planning Commission and Staff recommend approval The Governing Body agreed by consensus to place this item on the next Regular Meeting agenda on March 1, 2023. Kansas Municipal Energy Agency (KMEA) Director-1 Appointment The Governing Body heard from Director of Utilities Dennis Tharp, who stated the KMEA Director 1 position is due to be appointed, and staff recommends reappointing Commissioner Sara Caylor. The Governing Body agreed to place this item on the next Regular Meeting agenda. City Manager's Comments City Manager Richard U. Nienstedt discussed an option for using American Rescue Plan Act (ARPA) funds for delinquent utility accounts. Finance Director Melanie Landis stated that a few accounts had past due balances due to the closeout of the Kansas Emergency Rental Assistance program. Staff is requesting $4,872 in ARPA funds to bring these accounts to current status as of the end of December. After discussion, staff will prepare and present information at the next Study Session meeting. Mr. Nienstedt discussed with the Governing Body a donation of historic land survey equipment to the Franklin County Historical Society. These items are from the City’s prior engineering department. The Governing Body agreed to place this item on the next Regular Meeting agenda. City Attorney Blaine Finch updated the Governing Body on the sale of City owned property in the North Industrial Park to Big Bear Enterprises. The City Manager negotiated a sale price of $24,000 with closing this week. Commissioner Caylor made a motion, seconded by Mayor Pro Tem Skidmore, to confirm the land sale and authorize the Mayor to sign closing documents. The motion was considered and upon being put, all present voted aye. The Mayor declared this item duly approved. Commissioner's Comments None were offered at this time. Mayor's Comments Mayor Crowley discussed a budget retreat following a study session. After discussion, the Governing Body agreed by consensus to schedule the retreat following the March 13, 2023 study session. Executive Session 3.6.23 Mtg Pkt Page #3 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 for the purpose of conducting confidential communication with the board’s attorney for a period of 25 minutes, resuming at 5:13 pm. The motion was considered and upon being put, all present voted aye. The Mayor declared the meeting duly recessed. Reconvene Mayor Pro Tem Skidmore made a motion, seconded by Commissioner Clayton, to reconvene into an open session. The motion was considered and upon being put, all present voted aye. The Mayor declared the meeting duly reconvened at 5:13 pm. Adjournment There was no further business before the Governing Body, the Mayor declared the meeting duly adjourned at 5:13 pm. Melissa Reed, City Clerk 3.6.23 Mtg Pkt Page #4  Special Call Commission Meeting Executive Session Ottawa, Kansas Minutes of February 28, 2023 The City Governing Body met in Special Session at 9:00 am this date with the following members present and participating to wit: Mayor Crowley, Mayor Pro Tem Skidmore, Commissioner Caylor, Commissioner Graves, and Commissioner Clayton. A quorum was present. Mayor Crowley called the meeting to order. Executive Session Recess Commissioner Skidmore made a motion, seconded by Commissioner Graves, to recess into executive session to discuss non-elected personnel, specifically to conduct interviews for the position of City Manager and to preserve the privacy of the applicants to reconvene at 11:50 am. 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 11:50 am. The Governing Body had lunch. Recess Commissioner Graves made a motion, seconded by Commissioner Caylor, to recess into executive session at 12:50 pm to discuss non-elected personnel, specifically to conduct interviews for the position of City Manager and to preserve the privacy of the applicants to reconvene at 2:15 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 Commissioner Graves, 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 2:15 pm. The Governing Body discussed the reception at 5:30 pm. Adjournment There being no further business to come before the Governing Body, the Mayor declared the meeting duly adjourned at 2:20 pm. Melissa Reed, City Clerk 3.6.23 Mtg Pkt Page #5  MEMORANDUM TO: RICHARD U. NIENSTEDT AND THE HONORABLE CITY COMMISSION FROM: REBEKAH MCCURDY, ASSISTANT DIRECTOR OF FINANCE SUBJECT: UTILITY ASSISTANCE, ARPA FUNDING DATE: MARCH 2, 2023 BACKGROUND The Kansas Emergency Rental Assistance (KERA) program was designed to lessen the financial burdens on renters and landlords impacted by the COVID-19 pandemic. The program closed after giving out more than $290 million in rental and utility assistance. The City of Ottawa Utilities Department received on behalf of our customers $108,329.00 in utility assistance during 2021 and 2022. RECOMMENDATION Staff recommends the allocation of funds be set aside from the American Rescue Plan Act (ARPA) Fund to be applied to seven customer accounts that at the close of the KERA program had past due balances related to waiting for KERA assistance that was pre- approved before the program ran out of funds. From Grant Fund 407, account code 5-4075-561.00 UTILITY ASSISTANCE: $4,872.75 Waiving late fees on customer accounts: $857.84 While normal protocol would not allow for waiving this many late fees for any one account; this variance to our protocol would eliminate fees only accumulated due to the time spent waiting on assistance and the resulting carry-over balance into the new fiscal year after the customer’s began paying their current bills. This request for utilizing funds from the ARPA Fund is only in the amount to help offset the remaining outstanding balances from prior to December 31, 2022, for citizens impacted by the closure of the KERA program. The customers would be responsible for any bills due after January 1st, 2023. Moving forward customers would be held to normal payment protocols. 3.6.23 Mtg Pkt Page #6