City Commission

OTTAWA CITY COMMISSION REGULAR MEETING AGENDA Wednesday, May 3, 2023 - 7:00 pm Ottawa City Hall - 101 S. Hickory Citizens may in person, via Zoom or submit comments (300 In accordance with Kansas Open Meetings Act (KOMA), the words or less) for the City Commission to be read during public meeting can be viewed live on Channel 23 and via Facebook Live comment or during discussion on an agenda item. or listened to by dialing: 1-312-626-6799 and entering meeting ID 979 6273 3505#. To view on YouTube: https:// To submit your comment or request the meeting Zoom link to www.youtube.com/@ottawaksgov give a public comment, email publiccomments@ottawaks.gov no later than 4:00 pm on May 3, 2023; all emails must include If you need this information in another format or require a your name and address. reasonable accommodation to attend this meeting, contact the Participants who generate unwanted or distracting City’s ADA Coordinator at 785-229-3621. Please provide advance noises may be muted by the meeting host. If this happens, notice of at least two (2) working days. TTY users please call 711. unmute yourself when you wish to speak. 1. Call to Order 2. Roll Call ____ Crowley ____ Skidmore ____ Graves ____ Caylor ____ Clayton 3. Welcome 4. Pledge of Allegiance 5. Invocation - Richard Jackson, Westminster Presbyterian Church CONSENT AGENDA (Click on agenda item to see attachment) 6. Minutes (Pp. 3 - 4) A. April 10, 2023 Study Session 7. 2023 Reappointments to City Boards and Commissions (P. 5) 8. Agenda Approval Motion: __________ Second: __________ Vote: __________ REGULAR AGENDA * 9. 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 infor- mation purposes only. The Governing Body will take comments under advisement. 10. Declaration At this time, I’d like to give the Commissioners a chance to declare any conflict or communication they’ve had that might influence their ability to consider today’s issues impartially. NEW BUSINESS 11. Proclamation Recognizing May 2023 as Community Action Month (P. 6) Comments: This proclamation recognizes the 50-plus year history of promoting self-sufficiency for those with limited income. Teresia Templeton, ECKAN, will accept the proclamation. 12. Proclamation Recognizing May 11-17, 2023 as Police Week (P. 7) Comments: Established in 1962 by President John F. Kennedy and a joint resolution of Congress, National Police Week pays special tribute to those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others. Chief Adam Weingartner and Ottawa Police Department staff will accept the proclamation. *All presentation materials to be reviewed at this meeting (including PowerPoint) must be emailed to presentations@ottawaks.gov and gmathews@ottawaks.gov at least the day prior to the meeting. 5.2.23 Agenda Pkt Page #1  13. Request for Approval of Ordinance Re-zoning 901 S. Cherry From R-1, HO-O Low Density Residential, Housing Opportunity Overlay District to R-3, High Density Residential District - Jenna Hillyer (Pp. 8 - 19) Comments: An application was received to re-zone the currently undeveloped land at 901 S. Cherry in order to construct an apartment complex. Staff as well as the Planning Commission recommend it not be approved as R-3, High Density Residential. They also recommend the Commission consider approving the re-zone to R-2 Medium Density Residential and retain the Housing Opportunity Overlay. Motion: __________ Second: __________ Vote: __________ 14. Request for Approval of Resolution Accepting the Dedication of All Easements and Rights of Way Within Northeast Industrial Park 4th Addition - Jenna Hillyer (Pp. 20 - 23) Comments: The applicant own lots 3 and 10 of the addition and would like to combine the two which requires a minor replat. Motion: __________ Second: __________ Vote: __________ 15. Request for Approval of 2023 Street Rehabilitation Program - Michael Haeffele (Pp. 24- 27) Comments: Staff recommends approving the single bid received from Precision Construction & Contracting, LLC in the amount of $148,450. Motion: __________ Second: __________ Vote: __________ 16. Comments by City Manager 17. Comments by City Commissioners 18. Comments by Mayor ANNOUNCEMENTS 1. May 8, 2023 Study Session - 4:00 pm, City Hall 2. May 15, 2023 Study Session - 4:00 pm, City Hall 3. May 17, 2023 Regular Meeting - 10:00 am, City Hall ADJOURN *All presentation materials to be reviewed at this meeting (including PowerPoint) must be emailed to presentations@ottawaks.gov and gmathews@ottawaks.gov at least the day prior to the meeting. 5.2.23 Agenda Pkt Page #2  Back to Agenda Study Session Minutes Ottawa, Kansas Minutes of April 10, 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 Clayton. Commissioner Caylor was absent. A quorum was present. Mayor Crowley called the meeting to order. Public Comments None given. Minutes to Review The Governing Body reviewed minutes from March 20, 2023 Study Session, March 27, 2023 Study Session and April 3, 2023 Study Session. The Governing Body agreed to place these items on the next Regular Meeting agenda on April 19, 2023. Continued Discussion of Extension Request Victory Auto – IRB Sales Tax Exemption The Governing Body heard from Special Bond Counsel Tyler Ellsworth, Kutak Rock LLP, who continued the review of the development agreement with Victory Auto. Mr. Ellsworth, reviewed the following and answered questions: • On 2/2/22, the City and Premier Real Estate of Ottawa LLC entered into a development agreement • The City adopted Resolution 1914-22 related to the intent to issue Industrial Revenue Bonds on May 14, 2022 • Developer has communicated that the project timeline has been delayed and requested an extension of the sales tax exemption for this project • Reviewed the amended and restated development agreement, resolution authorizing the agreement, and a resolution amending the intent for Industrial Revenue Bonds • Staff recommends consideration and approval of the documents at the next Regular Meeting The Governing Body agreed by consensus to place this item on the next Regular Meeting agenda on April 19, 2023. Applicant for Cereal Malt Beverage License The Governing Body heard from City Clerk Melissa Reed regarding a Cereal Malt Beverage application for consumption off-premises for Casey’s located at 2243 Princeton. The Governing Body agreed by consensus to place this item on the next Regular Meeting agenda on April 19, 2023. Oak Star Bank Addition Replat The Governing Body heard from City Planner Jenna Hillyer, who reviewed OakStar Bank addition replat and provided the following information: 5.2.23 Agenda Pkt Page #3  • 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 the 2/8/23 regular meeting • Staff believes the proposed replat is in substantial conformance with the subdivision regulations and recommends approval The Governing Body agreed by consensus to place this item on the next Regular Meeting agenda on April 19, 2023. City Manager's Comments City Manager Brian Silcott stated that USD 290 had toured city facilities at their in- service date. Commissioner's Comments The Governing Body had no comments. Mayor's Comments Mayor Crowley had no comment. Announcements Mayor Crowley made the following announcements: • April 17, 2023 Study Session, 4:00 pm, City Hall • April 19, 2023 Regular Meeting, 10:00 am, City Hall Adjournment There was no further business before the Governing Body, the Mayor declared the meeting duly adjourned at 4:14 pm. Melissa Reed, City Clerk 5.2.23 Agenda Pkt Page #4  Back to Agenda MEMORANDUM TO: BRIAN SILCOTT CITY MANAGER AND HONORABLE CITY COMMISSION FROM: GLORA MATHEWS, EXECUTIVE ASSISTANT DATE: APRIL 20, 2023 SUBJECT: REAPPOINTMENTS TO CITY BOARDS AND COMMISSIONS Below is a list of those currently serving on City of Ottawa boards/commissions with terms City of Ottawa expiring the end of April, 2023. Each has agreed to be reappointed. I’ve also noted how 101 S. Hickory many open positions each board/commission has currently. We are advertising for the open Ottawa, KS 66067 positions and will be scheduling interviews as applications are received. 785.229.3600 Board/Commission Reappointments / New Term www.ottawaks.gov Accessibility Advisory Board Patrick Gardner / 2023-2026 Marsha Hermreck / 2023-2026 Airport Advisory Board Luke Douglas / 2023-2026 Jack Miller / 2023-2026 Construction Board of Appeals John Marconette / 2023-2027 Dennis Nowatzke / 2023-2027 Brian North / 2023-2027 Joseph Thomas / 2023-2027 Library Board Sara Stauffer / 2023-2027 Jody Lancaster / 2023-2027 OMA Advisory Board Matt Parenti / 2023-2026 Planning Commission Bill Crowley/ 2023-2026 Cal Lantis / 2023-2026 Openings Accessibility Advisory Board 2 Construction Board of Appeals 1 Library Board 1 OMA Advisory Board 1 5.2.23 Agenda Pkt Page #5 1  Back to Agenda WHEREAS, Community Action Agencies were created when the Economic Opportunity Act of 1964 was signed into law; and WHEREAS, the East Central Kansas Economic Opportunity Corporation (ECKAN) was established in 1966; and WHEREAS, ECKAN has a 50-plus year history of promoting self-sufficiency for the limited income; and WHEREAS, ECKAN has made essential contributions to individuals and families in the City of Ottawa by providing them with innovative and cost-effective programs such as Weatherization Program, Housing Choice Vouchers, Head Start, Budgeting Classes and Stepping Stone Program; and WHEREAS, Community Action Agencies are needed as major participants in the reform of the welfare system as we know it; and WHEREAS, individuals and families on limited income continue to need opportunities to improve their lives and their living conditions, thus ensuring that all citizens are able to live in dignity; and WHEREAS, the poverty rate in the City of Ottawa is 10.3%; and WHEREAS, Kansas and the entire United States must continue to wage war on poverty by providing support and opportunities for all citizens in need of assistance; and WHEREAS, the City of Ottawa and ECKAN have worked together to meet the needs of our most vulnerable citizens; and THEREFORE, we, the Governing Body of the City of Ottawa, Kansas do hereby proclaim the month of May 2023 to be COMMUNITY ACTION MONTH in the City of Ottawa, Kansas in recognition of the hard work and dedication of Kansas Community Action Agencies. Signed this 3rd day of May 2023. Eric Crowley, Mayor 5.2.23 Agenda Pkt Page #6  Back to Agenda WHEREAS, there are more than 800,000 law enforcement officers serving in communities across the United States; about 12 percent are women, including the dedicated members of the Ottawa Police Department; and WHEREAS, on average 55,000 law enforcement officers are assaulted each year, resulting in 16,200 injuries; and WHEREAS, since the first recorded death in 1786, over 26,000 law enforcement officers in the United States have made the ultimate sacrifice and died in the line of duty, including Captain Robert C. Cowdin of the Ottawa Police Department who died in 1963; and WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D.C.; and WHEREAS, 556 new names of fallen heroes are being added to the National Law Enforcement Officers Memorial this spring, including 226 officers who died in the line of duty in 2022; and WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the National Law Enforcement Officers Memorial Fund’s Candlelight Vigil, on the evening of May 13, 2023, in Washington, D.C. and on the evening of May 18, 2023, at the State of Kansas Law Enforcement Memorial in Topeka, Kansas; and WHEREAS, the Candlelight Vigil is part of National Police Week, which takes place this year on May 11-17, 2023. THEREFORE, BE IT RESOLVED that the City Commission formally designates May 11-17, 2023, as: POLICE WEEK in the City of Ottawa, Kansas and publicly salutes the service of law enforcement officers in our community and in communities across the nation. Signed this 3rd day of May 2023. Eric Crowley, Mayor 5.2.23 Agenda Pkt Page #7  Back to Agenda MEMORANDUM TO: BRIAN SILCOTd AND THE HONORABLE CITY COMMISSION FROM: JENNA HILLYER, CITY PLANNER SUBJECT: REQUEST TO REZONE 901 S CHERRY FROM R-1, HO-O DISTRICT TO R-3 DATE: MAY 3, 2023 BACKGROUND City of Ottawa Raymond Love has applied to rezone property from R-1, HO-O Low Density Residential, Housing Opportunity Overlay District to R-3, High Density Residential District at 901 S Cherry Street. 101 S. Hickory Ottawa, KS 66067 The subject site is a 5.7-acre tract on the east side of S Cherry Street bounded on the north by E 9th Street, on the south by E 10th Street, and on the east by S Burrough Street. The site is currently 785.229.3600 undeveloped land. The surrounding area is a mixture of Low Density Residential (R-1), Medium www.ottawaks.gov Density Residential (R-2), Mobile Home Park (MP), Manufactured Home Subdivision (MHS) Districts. o Consider request to rezone 901 S Cherry from R-1, HO-O to R-3 DETAILS The applicant intends to construct apartment complex in conjunction with Ottawa University to alleviate some of the shortage of student housing and to provide the community with additional housing. This tract of land is not contributing to the neighborhood in its current state or use. At the Planning Commission Regular Meeting on April 12th, Planning Commission heard 9 public comments regarding this item. There was no direct opposition to the rezone, but they were however in opposition to allowing a student housing development in the neighborhood. Most of the stated concerns were regarding the following items: x Added traffic contributing to accelerated deterioration of old brick streets in the neighborhood. x New parking and development increasing flooding in the area that already suffers from flooding. x Apartments being inconsistent with current neighborhood characteristics. x Additional traffic, both human and vehicular traffic would cause safety issues. STAFF AND PLANNING COMMISSION FINDINGS The rezone to R-3 in this area is inconsistent with the current zoning and the step from Low- Density to High Density residential is excessive and creates a “spot zoning” situation. The rezone to R-2 would still allow for the applicant to proceed with plans to construct student housing units with a Conditional Use Permit and the project would only go forward if the development was reviewed and approved by Planning and City Commission with special consideration for the neighborhood. If R-3 were to be approved and the project as conceived were unable to proceed any number of scenarios could go forward without the conditions a Conditional Use Permit would require. It is in the best interest of the neighborhood and the City for this area to be rezoned as R-2, maintaining the Housing Opportunity Overly, instead of R-3. 5.2.23 Agenda Pkt Page #8  RECOMMENDATION Staff and Planning Commission recommends that 901 S Cherry Street not be approved to rezone as R-3, High Density Residential. Staff and Planning Commission recommends Commission consider approving the rezone to R-2, Medium Density Residential for 901 S Cherry and retain the Housing Opportunity Overlay for future development if the project as envisioned does not proceed. ATTACHMENTS City of Ottawa Staff and Planning Commission Report Vicinity Map 101 S. Hickory Zoning Map Ottawa, KS 66067 Site Plan Letter of Support from Ottawa University 785.229.3600 Ordinance www.ottawaks.gov 5.2.23 Agenda Pkt Page #9  City of Ottawa Community Development Department 101 S. Hickory, P.O. Box 60 785 229-3620 Ottawa, KS 66067 Fax 785 229-3625 CITY PLANNING COMMISSION March 30, 2023 (Study Session) April 12, 2023 (Regular Meeting) STAFF AND PLANNING COMMISSION REPORT Applicant: Lark, LLC 333 E 19th St Lawrence, KS 66046 PROPERTY OWNER: Raymond Love 1663 Riley Rd Pomona, KS 66076 LOCATION: 901 S Cherry St Ottawa KS 66067 AREA: 5.7 acres, 248,292 square feet ZONING: R-1, HO-O Low Density Residential, Housing Opportunity Overlay District REQUEST: To consider a request to rezone property from R-1, HO-O Low Density Residential, Housing Opportunity Overlay District to R-3, High Density Residential District at 901 S Cherry Street. SURROUNDING LAND USE: R-1, Low Density Residential, R-2, Medium Density Residential, MP, Mobile Home Park, MHS, Manufactured Home Subdivision Districts. LAND USE PLAN: Ottawa’s current Comprehensive Plan outlines future land uses for all the property in the City. The future land use plan recommends low density land uses at the site. The proposed use is not consistent with that of the future land use plan. FLOODPLAIN: No. EXISTING CONDITIONS: The subject site is a 5.7-acre tract on the east side of S Cherry Street bounded on the north by E 9th Street, on the south by E 10th Street, and on the east by S Burrough Street. The site is currently undeveloped land. The applicant intends to repurpose the site into a mix of student housing and multi- family apartments. The room mix has not been finalized, but at this time the applicant is anticipating accommodations for 30-50 students – some of which will be apartments available to non-students. There will be adequate off-street parking as set forth by regulations which requires 1 off-street parking space for each sleeping room for dormitories and 2 off-street parking spaces per unit in multi-family dwellings. 5.2.23 Agenda Pkt Page #10 Within current zoning regulations, as zoned, the applicant would not be able to use the lot for multi- family dwelling use or dormitories/ residence halls for students. In order to develop the parcel for the purpose of much needed student housing and apartments, it must be rezoned. Staff completed research on the potential to rezone the property, and following is the initial analysis: Potential rezoning options include: R-2 Residential District – The intent of the R-2 District is to provide for one-, two- or three-family dwellings with some accommodations for four-plus family dwellings as conditional uses and related residential uses and certain public uses. This district allows for a moderate density for these types of dwelling units. Dormitories / residence halls for students attending universities and 4-plus family dwelling units are permitted as a conditional use. R-3 Residential District – The intent of the R-3 District is to provide for a full range of dwelling units, from one-family to apartments and for related residential and certain public uses and related residential uses and certain public uses. This district is located primarily where moderate to high residential density will be compatible with surrounding uses and development patterns. Multifamily dwellings and dormitories / residence halls are permitted by right, provided that intensity of use standards are met and the dormitories provide beds for 30 students maximum. FINDINGS: When a proposed amendment would result in a change of the zoning classification of any specific property, the recommendation of the Planning Commission, accompanied by a copy of the record of the hearing, shall contain statements as to the present classification, the classification under the proposed amendment, the reasons for seeking such reclassification, a summary of the facts presented, and a statement of the factors upon which the recommendation of the Planning Commission is based, using the following guidelines: 1. Whether the change in classification would be consistent with the intent and purpose of these regulations. It is the intent of the residential zoning districts to provide for areas of low, medium and high density residential development including certain public or private uses which are compatible with residential development. Staff Finding: The change in classification is consistent with the intent of the residential zoning districts as the intended use is residential development. However, R-3, High density residential, is inconsistent with the zoning of the surrounding area. 2. The character and condition of the surrounding neighborhood and its effect on the proposed change. The surrounding neighborhood is a mixture of residential uses: Low Density Residential (R-1), Medium Density Residential (R-2), Mobile Home Park (MP), Manufactured Home Subdivision (MHS) Districts. Ottawa University campus and ball field are located two blocks from this location. Staff Finding: This low- medium density residential neighborhood consists of mid-century (average of year-built) housing stock and is bounded by mobile home developments and zones to the east of its location. This proposed zone change is not consistent with current zoning of the surrounding neighborhood though it does provide diversity in housing and uses of the land that are consistent with the planned uses of a residential district. 5.2.23 Agenda Pkt Page #11  This is a large tract of land that has never been developed. Until recently this tract was part of the floodplain and unable to be developed as it was intended to be. As it is currently zoned, this tract of land could be developed into a minimum of 30 single family homes. In recent years work has been done to elevate this portion for the block out of the floodplain and is now capable of development. Having been a long-standing green space, developing it in any form will change the current character of the neighborhood. 3. Whether the proposed amendment is made necessary because of changed or changing conditions in the area affected, and, if so, the nature of such changed or changing conditions; This factor is addressed in the finding below. Staff Finding: The proposed amendment is made necessary due to changing conditions in the city and the demand for additional multi-family as well as student housing in Ottawa. The current zoning of this tract Low Density Residential (R-1) with the Housing Opportunity Overlay (HO-O) allows for more concentration than R-1 and R-2 standards but in this zoning student housing is not permitted. The need for it and the proximity of this location to the University makes this an ideal location for this student housing project. R-2 and R-3 zoning would permit the development as student housing. 4. The current zoning and uses of nearby properties, and the effect on existing nearby land uses upon such a change in classification. Surrounding properties are zoned low and medium residential. Staff Finding: The rezone to R-3 will not change the overall residential land uses. It will change the intensity of use this neighborhood is accustomed to. 5. Whether every use that would be permitted on the property as reclassified would be compatible with the uses permitted on other property in the immediate vicinity. Uses permitted within the requested R-3 district (which are currently not permitted in the R-1, HO- O Low Density Residential, Housing Opportunity Overlay District) include: - Four or more family dwelling - Dormitories or residence halls for students - Nonprofit institutions of an educational, of universities and theological institutions. philanthropic, or eleemosynary nature. Staff Finding: There is no R-3 zoning in the vicinity, though there are 2 large apartment complexes zoned R-2 nearby at 701 S Poplar, and 745 S Hickory indicating that there is a precedent for R-2 designation with conditional use permits allowing the project to move forward without drastically changing the zoning. 6. The suitability of the applicant’s property for the uses to which it has been restricted. The site to be rezoned is in a low- medium residential area in which the uses of this tract of land for student housing and four or more family dwellings are not permitted. Staff Finding: The amount of buildable space at this location is more than adequate for the developer’s proposal for both housing and for off street parking. The location of this lot makes a desirable site for the use of student housing. 5.2.23 Agenda Pkt Page #12 7. The length of time the subject property has remained vacant or undeveloped as zoned. This factor is addressed in the finding below. Staff Finding: Undeveloped land due to prior floodplain designation. 8. Whether adequate sewer and water facilities, and all other needed public services exist or can be provided to serve the uses that would be permitted on the property if it were reclassified. There are facilities adjacent to the subject sites. The applicant is aware that all facilities for new development will have to be designed and constructed in accordance with City policy. Staff Finding: City policy and process for installation of improvements will ensure that facilities to serve the development are adequate. 9. The general amount of vacant land that currently has the same zoning classification proposed for the subject property, particularly in the vicinity of the subject property, and any special circumstances that make a substantial part of such vacant land available or not available for development. There are no properties available for this type of use in the near vicinity, and the location of the lot is one of the reasons the applicant wishes to develop it in this manner. Staff Finding: The subject site’s location and surrounding mix of residential uses and underuse of this tract of land does help make the argument that a rezoning may be appropriate at this time. 10. Whether the proposed amendment would be in conformance to and further enhance the implementation of the City's Comprehensive Plan. The Future Land Use plan in the Comprehensive Plan identifies this property as Low-Density Residential. Staff Finding: The proposal is not in conformance with the future land map. However, it does meet Goal 4 in the comprehensive of promoting “Housing Quality and Diversity”. The city of Ottawa is growing in ways that were unforeseen when the comprehensive plan was drafted. There is a larger need for housing than anticipated. If the need for student housing were to be addressed the spaces that students are currently renting could become available to the public, shifting the current use of the housing stock. The zoning and surrounding land use is arguably fitting with this underdeveloped neighborhood and meets the comprehensive plan’s stated goal to improve the availability of multi-family rental properties in the city. 11. Whether the relative gain to the public health, safety, and general welfare outweighs the hardship imposed upon the applicant by not upgrading the value of the property by such reclassification. This factor is addressed in the finding below. Staff Finding: The findings above illustrate that the proposed location is suitable for a high-density residential zone. Staff finds that the rezoning would be a gain to the general welfare of the public and would promote growth in an area that has undeveloped land. Aside from adding more housing to the City, the development of this land would ensure that it is maintained and not return to an overgrown state. Overgrown lots have a history of becoming littered or used as dump sites and in some cases can become contributing factors in increased crime in an area. 5.2.23 Agenda Pkt Page #13 12. Such other factors as the Planning Commission may deem relevant from the facts and evidence presented in the application. Higher density zoning for this tract and the proposed development would benefit the City, however, staff has concerns about “spot zoning” and believes zoning to R-2 would be adequate to allow for this development with a conditional use permit specifically for student housing. R-3 is an excessive an unnecessary up-zone when R-2 would allow for the same uses with conditional use permits and help maintain the fabric of the neighborhood in the future. As a Housing Opportunity Overlay District, it allows for a denser development than traditional R-1 or R-2. HO-O requires a minimum of 40’ frontage and 90’ depth per lot with this size of lot this tract of land could potentially be developed into more than 30 single-family homes which is comparable to applicants’ proposal for 40-50 beds for dormitories. This change in zoning would not dramatically alter the intention of this neighborhood or the intent of its current zoning. Dormitories require stricter off-street parking regulations of one off-street parking space per bed whereas, Single-family parking standards only require two off-street parking spaces per dwelling. These spaces generally consist of a garage space and a single space in the driveway. This often leads to increased on-street parking situations for single-family dwellings for various reasons. Dormitories would directly address the parking issue by requiring one off-street parking space per bed in a living situation in which not all residents will own a vehicle. 13. The recommendations of professional staff: Staff recommends that 901 S Cherry Street not be approved to rezone as R-3, High Density Residential. Staff recommends Commission approve the rezone to R-2, Medium Density Residential for 901 S Cherry and retain the Housing Opportunity Overlay for future development if the project as envisioned does not proceed. Respectfully submitted, Jenna Hillyer City Planner 5.2.23 Agenda Pkt Page #14 901 S Cherry Street Vicinity Map 5.2.23 Agenda Pkt Page #15 901 S Cherry Street Zoning Map 5.2.23 Agenda Pkt Page #16 5.2.23 Agenda Pkt Page #17 5.2.23 Agenda Pkt Page #18  ORDINANCE NO. AN ORDINANCE RE-ZONING AN AREA WITHIN THE CITY OF OTTAWA, KANSAS, AND REPEALING THE CORRESPONDING SECTION OF THE ZONING MAP WHICH IS A PART OF ORDINANCE NO. 3501-05 OF THE CITY OF OTTAWA, KANSAS. NOW THEREFORE, BE IT ORDAINED by the Governing Body of the City of Ottawa, Kansas, as follows: Section 1: RE-ZONING WITHIN CITY LIMITS. Pursuant to recommendations issued by the City Planning Commission of the City of Ottawa, Kansas, after a public hearing, notice of which was duly given; the following described parcel of land, situated within the City of Ottawa, Franklin County, Kansas is hereby re-zoned from: R-1/HO-O Low Density Residential Housing Opportunity Overlay District to R-2/HO-O Medium Density Residential Housing Opportunity Overlay District on the following described real estate: Beginning at the Northwest Corner of Lot B, Block A of said University Addition, thence South 0 Degrees 22 minutes 54 seconds East along the West line of Lot B of said Block A, a distance of 242.00 feet; thence North 89 degrees 38 minutes 28 seconds East parallel to the North line of said Block A, a distance of 69.49 feet; thence South 0 degrees 17 minutes 54 seconds East, a distance of 356.80 feet to a point on the South line of said Block A; thence South 89 degrees 42 minutes 51 seconds West, along said South line a distance of 398.32 feet to the Southwest corner of Lot C of said Block A; thence North 0 degrees 02 minutes 17 seconds West along the West line of said Block A, a distance of 598.31 feet measured (600.00’ Plat), to the Northwest corner of Lot A of said Block A; thence North 89 degrees 38 minutes 28 seconds East along the North line of said Block A, a distance of 325.76 feet measured (316.50’ Plat) to the Point of Beginning, containing 5.10 acres more or less, in the City of Ottawa, Franklin County, Kansas. Located at 901 S. Cherry. Section 2: REPEALING A SECTION OF THE ZONING MAP. The section of the zoning map designating the above-described parcel of land as R-1/HO-O is hereby repealed and changed to R- 2/HO-O. Section 3: EFFECTIVE DATE; PUBLICATION. 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. 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A RESOLUTION ACCEPTING THE DEDICATION OF ALL EASEMENTS AND RIGHTS OF WAY WITHIN NORTHEAST INDUSTRIAL PARK 4TH ADDITION IN THE CITY OF OTTAWA, KANSAS. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF OTTAWA, KANSAS, SECTION 1. That the Mayor and City Clerk are hereby authorized and directed to execute this resolution, for the purpose of approving the final plat and accepting all utility, storm drainage and pedestrian easements, and street rights-of-ways and approved by the Planning Commission, all located within the Northeast Industrial Park 4th Addition, City of Ottawa, Franklin County, Kansas. SECTION 2. This resolution shall be in full force and effect from its adoption. SECTION 3. PASSED AND ADOPTED by the Governing body of the City of Ottawa, Kansas, this day of , 2023. Mayor ATTEST: City Clerk 5.2.23 Agenda Pkt Page #23  Back to Agenda Agenda Item: City of Ottawa City Commission Study Session May 1 ,2023 TO: Mayor Eric Crowley and the Honorable City Commission SUBJECT: Annual Street Rehabilitation Program INITIATED BY: Michael Haeffele, Public Works Director CONSENT: Brian Silcott, City Manager Recommendation: Staff recommend approving the only bid from Precision Construction & Contracting, LLC. in the amount of $147,050. Background: Over the past 8 years, we have focused on mill and overlays of full depth asphalt streets as well as chip sealing gravel streets and some asphalt streets that did not warrant a mill and overlay. Although we have made some progress in improving the quality of asphalt streets, we also have a need to maintain and improve concrete streets as well. Analysis: S. Princeton is the entrance to the city from the south and from I-35. This area receives a lot of traffic, and the concrete joints are failing. Without repair, the concrete will further deteriorate to the point of needing complete replacement. This work is an effort to preserve the pavement to ensure it lasts for another 20 years. Financial Considerations: The budget for street rehabilitation projects this year is $250,000 programmed into the Special Streets Budget. This amount is shared between contract work and work we can perform in-house with our own crews. Legal Considerations: N/A Recommendation/Action: Staff recommend moving this item to the next regular meeting of the City Commission for formal approval. Attachments: City Engineer Recommendation, Bid Tab Sheet, Project Map 5.2.23 Agenda Pkt Page #24 April 25, 2023 Mike Haeffele Director of Public Works City of Ottawa 101 S. Hickory St., PO Box 60 Ottawa, KS 66067 Re: 2023 Street Rehabilitation – Concrete Joint Patching Ottawa, Kansas 23-1004L Dear Mike: The bid letting for the 2023 Street Rehabilitation – Concrete Joint Patching was conducted April 25, 2023. One (1) bid was received which was $148,450.00. The engineer’s estimate was $147,050.00. Precision Construction & Contracting, LLC (PCC) submitted the low bid. We have not worked with PCC on past construction projects, so we checked with the references they provided. It is our opinion that they are qualified to complete this project. Please find attached the bid tabulations for this project. If you have any questions or need additional information, please call. Sincerely, BG CONSULTANTS, INC. David J. Hamby, P.E., CFM Vice President Attachments 5.2.23 Agenda Pkt Page #25  BID TABULATIONS 2023 Street Rehabilitation – Concrete Joint Patching Ottawa, Kansas Bid Letting April 25, 2023 23-1004L Precision Construction & Engineer's Estimate Contracting, LLC Item # Description Quantity Unit Unit Price Unit Price Base Bid 1. Mobilization 1 L.S. $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 2. Foundation Stabilization (Set Price) 1 C.Y. $ 50.00 $ 50.00 $ 50.00 $ 50.00 3. PCCP Patching (Full Depth)(11")(Sound) 360 S.Y. $ 325.00 $ 117,000.00 $ 315.00 $ 113,400.00 4. Traffic Control 1 L.S. $ 15,000.00 $ 15,000.00 $ 20,000.00 $ 20,000.00 Base Bid Total = $ 147,050.00 $ 148,450.00 5.2.23 Agenda Pkt Page #26  8.5x11_Landscape ft 0 330 660 1,320 1,980 2,640 County Boundary Property Parcels 4/26/2023 ± Franklin County makes every effort to produce and publish the most current and accurate information possible. This information is furnished as a public service. The information must be accepted and used by the recipient with the understanding that the data was developed and collected for the purpose of developing property valuations, using the criteria of fair market value, as required by the State of Kansas. The Appraised Value and Tax Information are updated at different times during the year and, therefore, may not always reflect same year values. Franklin County assumes no liability whatsoever associated with the use or misuse of such data, and disclaims any representation or warranty regarding the completeness or accuracy of the data. Note: Acreage and Square Footage data shown are approximate and may not be consistent with records maintained for appraisal purposes. Map Layers 03-31-2023, Hybrid ©2013 Franklin County, Kansas Government. For more maps and information resources,visit us at - http://www.franklin.kansasgis.com Data sources: Franklin County, Kansas Government, Kansas Geospatial Commons (DASC) 5.2.23 Agenda Pkt Page #27