City Commission

Regular Meeting Minutes City Hall 101 S Hickory, Ottawa, Kansas Minutes of April 19, 2023 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, Commissioner Caylor, and Commissioner Clayton. Mayor Pro Tem Skidmore and Commissioner Graves were absent. Mayor Crowley called the meeting to order. The Mayor welcomed the audience and led the Pledge of Allegiance to the American flag. Pastor Bob Colerick with First Christian Church gave the invocation. Consent Agenda Commissioner Caylor made a motion, seconded by Commissioner Clayton, to approve this consent agenda to include minutes from the March 20, 2023 Study Session, March 27, 2023 Study Session, April 3, 2023 Study Session, April 5, 2023 Regular meeting; Cereal Malt Beverage license for Casey’s at 2243 S. Princeton St, 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 given. Declaration None given. Public Hearing for the Consideration of the Installation of Electric Sign at 301 S. Hickory This public hearing has been called for the consideration of the installation of an electric sign at 301 S. Hickory St. Mayor Crowley opened the public hearing at 10:05 am. The Governing Body heard from City Attorney Blaine Finch, who gave an overview of the law. The City of Ottawa owns and operates the Ottawa Memorial Auditorium (OMA) and is seeking to install an electronic sign sized 7’5” x 17’6” on the front of the building. The Auditorium is located within the Historic Central Business District and due to non- conformance with the City’s Comprehensive Plan, the permit application was reviewed by the State Historic Preservation Office (SHPO), who made a determination: “The proposed sign will alter the spatial relationships that characterize the property and is not compatible with the historic materials, features, size, scale, proportion and mission, SHPO has determined that this project does not meet the Secretary of the Interior’s Standards and will damage the National Register–listed Ottawa Memorial Auditorium and the Ottawa Central Business District.” 1 April 19, 2023 City of Ottawa Regular Meeting Minutes April 19, 2023 Page 2 In order for this project to proceed, the state preservation statute states that the project cannot proceed until the local governing body has determined, based on a consideration of all relevant factors, that there is no feasible and prudent alternative to the proposal and that the project includes all possible planning to minimize harm to the historic property. Mr. Finch explained the definitions of feasible and prudent alternatives. Mr. Finch provided the Governing Body with the Golden Zoning factors and the other factors, including the report and reasoning of SHPO. The Governing Body then heard from Ottawa Memorial Auditorium Director Tiffany Evans, who provided the following information related to the project: • The purpose of the proposed wall sign with LED Electronic Message Center (EMC) is to provide additional marketing options for the events that the OMA presents as well as the events of valued renters • We have been using expensive banners for every occasion, which uses city resources to change often • Last-minute cancellations are troublesome to communicate to guests • The proposed EMC would allow multiple messages at times and allow updates even if staff are offsite or display static images • Luminous Neon has years of experience working with historic venues • The sign will be on a frame bracket, and it's estimated that the mounting will have eight attachment points to secure the wall sign to the building safely • If the sign needed to be removed, these holes would be filled in a manner that would match the rest of the brick • Alternatively, a monument sign placed in the raised flower bed has an estimated additional cost of $22,000 and would block the office window Tim Van Leiden stated he supports the installation of a sign. Mr. Van Leiden said he is the President of the Franklin County Historical Society and has heard no concerns regarding this project. Mr. Van Leiden also stated that numerous businesses and individuals donated to support this project. No other public comments were made during this public hearing. Two written comments were received in favor of the electronic sign. The Mayor closed the public hearing at 10:20 am. After discussion, the Governing Body agreed that there are no feasible and prudent alternatives to the proposed sign and the project, as proposed by the owner, includes all possible planning to minimize harm to the historic district. Resolution Providing for the Installation of an Electric Sign at 301 S. Hickory The Governing Body discussed the resolution. Commissioner Caylor stated she was a member of the historical society board of directors, and her husband is also on the Friends of OMA Board . Commissioner Clayton said he was a financial donor for the 2 April 19, 2023 City of Ottawa Regular Meeting Minutes April 19, 2023 Page 3 project. Mayor Crowley stated he felt due diligence had been taken on this project. Mayor Crowley said he believes the feasibility and prudent alternatives have been addressed. Mayor Crowley noted that a lot of care and thought has gone into this project for the community today and in the future. Commissioner Caylor stated that the holes from the sign could be repaired if the sign was removed. Commissioner Caylor said she felt the sign would not destroy the building and that any damage could be fixed. Commissioner Caylor stated that the other options presented are not feasible and prudent as $23,000 additional for a monument is a significant amount. Commissioner Clayton stated that this is the best option for the goal. Planning to minimize harm will open the door for advertising for the building and communicating with the citizens. Acting with and showing care for future signage wasn’t an option when it was built, as EV signs did not exist. Commissioner Clayton 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. 1933-23. Resolution Authorizing the Execution and Delivery of Amended and Restated Development Agreement for Premier Auto Project The Governing Body heard from Special Bond Counsel Tyler Ellsworth, Kutak Rock LLP, who reviewed an amended development agreement for the project. The agreement had a completion date for phase 1 and the public infrastructure improvements of March 1, 2023. Due to delays with the project, the applicant has asked for an extension to August 1, 2024. Commissioner Caylor made a motion, seconded by Commissioner Clayton, 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. 1934-23. Resolution Amending Resolution 1903-22 Determining the Intent to Issue Industrial Revenue Bonds in the Taxable Amount not to Exceed $9,545,000 Commissioner Clayton 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. 1935-23. Resolution Approving Replat for OakStar Bank Addition 3 April 19, 2023 City of Ottawa Regular Meeting Minutes April 19, 2023 Page 4 The Governing Body heard from City Planner Jenna Hillyer, who reviewed OakStar Bank addition replat and provided the following information: • OakStar Bank Addition consists of a single lot and is a replat of Lot 4 and a part of Lot 5 of ABK Addition which was approved and recorded in 2000 • The City of Ottawa approved a site plan in 2022 for Oak Star Bank • The project is currently under construction • During the site plan review, the owner agreed to dedicate an additional 10 feet of right-of-way on W 23rd Street • The proposed replat will include the right of way dedication and provide a more coherent survey and description of the property • Planning Commission approved replat at their 2/8/23 regular meeting • Staff believes the proposed replat is in substantial conformance with the subdivision regulations and recommends approval Commissioner Caylor made a motion, seconded by Commissioner Clayton, 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. 1936-23. Resolution of Intent to Finance Fire Engine with the Issuance of Federally Tax- Exempt Debt The Governing Body heard from Finance Director Melanie Landis and Fire Chief Tim Matthias, who provided a history of fire engine number three and reviewed a resolution of intent to finance fire engine two and provided the following information: • In 2022 the process of replacing a fire engine began to ensure the fire department is prepared and positioned to serve the community best • On March 8, 2022 the City entered into an agreement with Conrad Fire Equipment to purchase a 2022 Pierce Enforcer PUC Fire Truck • The resolution includes one Pierce Enforcer PumperTruck totaling an actual purchase price of $770,116.33 • Staff recommends consideration of a resolution of intent to finance certain vehicles with the issuance of federally tax-exempt debt Commissioner Caylor made a motion, seconded by Commissioner Clayton, 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. 1937-23. Ordinance Vacating Utility Easement at 929-931 E. Wilson The Governing Body heard from City Planner Jenna Hillyer, who reviewed an ordinance vacating the utility easement and provided the following information: • Van Knight Homes have requested a partial vacation of the utility easement at 929 and 931 E. Wilson • The recently built duplex encroaches the utility easement by 2 feet 6 inches 4 April 19, 2023 City of Ottawa Regular Meeting Minutes April 19, 2023 Page 5 • The owner has requested a vacation without a re-plat • At the time of construction, the owner was unaware of the easement • The public hearing was held on April 12, 2023 with no public comments • Planning Commission approved moving the item to City Commission for approval • Staff recommends approval Commissioner Clayton made a motion, seconded by Commissioner Caylor, to approve this ordinance. The motion was considered and upon being put, all present voted aye. The Mayor declared this ordinance duly approved, and the ordinance was duly numbered Ordinance No. 4113-23. City Manager’s Comments City Manager Brian Silcott provided an update on the following projects: the Highway K68 project, compensation and benefits study, and aquatics center and announced the need for an executive session at the first study session in May to discuss security updates at City Hall. Commissioner’s Comments Commissioner Caylor reminded the community of the busy weekend with Main Street beautification and prom weekend. Commissioner Clayton also reminded the community of Earth Day and encouraged citizens to help out in the community. Commissioner Clayton also stated that development in our community is exciting and includes multi- million dollar investments as well as jobs and sales tax back to the community. Mayor’s Comments Mayor Crowley thanked City staff for the information included in the meeting packet. Announcements Mayor Crowley made the following announcements: • April 24, 2023 – Study Session, 4:00 pm, City Hall • May 1, 2023 – Study Session, 4:00 pm, City Hall • May 3, 2023 – Regular Meeting, 7:00 pm, City Hall Adjournment There being no further business to come before the Governing Body, the Mayor declared the meeting duly adjourned at 10:55 am. /s/ Melissa Reed Melissa Reed, City Clerk 5 April 19, 2023