City Commission

OTTAWA CITY COMMISSION STUDY SESSION AGENDA Monday, May 8, 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 May 8, 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. INTERVIEW FOR CITY BOARDS/COMMISSIONS (Click on the item to access the attachment) 1. Ottawa Memorial Auditorium Advisory Board (P. 2) A. Isaac Gwinn 2. Library Board (P. 3) A. Susan Hughes ITEMS TO BE PLACED ON THE REGULAR CITY COMMISSION AGENDA 1. Minutes (Pp. 4 - 11) A. April 17, 2023 Study Session B. April 19, 2023 Regular Meeting ITEMS FOR PRESENTATION AND DISCUSSION * 1. Comments by City Manager 2. Comments by City Commissioners 3. Comments by Mayor ANNOUNCEMENTS 1. May 15, 2023 Study Session - 4:00 pm, City Hall 2. May 17, 2023 Regular Meeting - 10:00 am, City Hall 3. May 17, 2023 Commission Retreat with John Divine, The Leadership Firm - 1:30 pm, City Hall ITEMS ALREADY PLACED EXECUTIVE SESSION 1. Motion: I move that the Commission recess for an executive session at ______ for the purpose of discussing a matter involving security measures. The justification for the closed session is to avoid aggravating the security issue and is provided by K.S.A. 75-4319(b)(12). The open meeting is to resume in this room at _________. *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. 5.8.23 Agenda Pkt Page #1  Back to Agenda 5.8.23 Agenda Pkt Page #2  Back to Agenda CITY or City of Ottawa, Kansas Application to Serve on a Board or Commission Ki\NSAS Name of Board(s) you wish to serve on __{__-'_---'-�-b_f_Cl_f-LY_____________ Name S 11 sc,n H4<)h(5 Address ---------------------------- Do you live within the City limits? Ji(]yes Ono Home phone number Email address Place of employment How long have you been a resident of Ottawa? How long have you been a resident of Franklin County? How much time can you devote to serving each month? / 0 hou r.S Are you related to a Board/Commission member or a City employee? [Xlyes O no Briefly describe why you are interested in serving on a Board for the City of Ottawa. --:i=- 5-ec_ -ft,,=_ /,'lrcir-y etS pJ�'t1°r15 5:- u�rr:, h,�, ,01><:t:1 ; J1·-fjc_ h ecu----1� 0. >1c/ 0\., n' c/....S crf ·+4-e_ vc..S .,· t/t!'ri.P 9 tid -7 0�-cr: J-v h-<!j'&J vJ i·ff,i. -f-/;�--r List any groups or activities to which you belong and which may demonstrate your involvement in the community. /) JPS { U o/'f. J1 f-c.a /,., Po t'c� S·el"v1 \J. Have you read the Functions of the Board/Commission you're applying for? Oz:-es � no (Found on City's Website at www.ottawaks.gov. I Government I Boards and Commissions) /1J ._..-f- y-d Signature .� JkJ,...-,, Date Thank you for your interest in serving on a City Board/Commission. Please complete this form and return it to the City Manager's Office, City Hall, PO Box 60, Ottawa, KS 66067; or bring to the Second Floor of City Hall at 101 S. Hickory. Receipt of applications will be acknowledged. If you have questions, please contact Glora Mathews at 785-229-3637, or by email at: g mathews@ottawaks.gov. 5.8.23 Agenda Pkt Page #3  Back to Agenda Study Session Minutes Ottawa, Kansas Minutes of April 17, 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, Commission Caylor, and Commissioner Graves. Mayor Pro Tem Skidmore and Commissioner Clayton were 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 the April 5, 2023 Regular Meeting. The Governing Body agreed to place these items 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 a resolution approving the replat, renaming and accepting additional dedication of public right of way. The Governing Body agreed by consensus to place this item on the next Regular Meeting agenda on April 19, 2023. Resolution of Intent to Lease Purchase Fire Engine The Governing Body heard from Finance Director Melanie Landis and Fire Chief Tim Matthias, who reviewed a resolution of intent to finance a fire engine 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 HGAC Buy program allowed the City to secure an engine compared to the 22-month expected build-out estimate • 2023 budget planned for vehicle and equipment purchases funded across a variety of resources • Draft 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 The Governing Body agreed by consensus to place this item on the next Regular Meeting agenda on April 19, 2023. 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: 5.8.23 Agenda Pkt Page #4  • 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 • 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 The Governing Body agreed by consensus to place this item on the next Regular Meeting agenda on April 19, 2023. Consideration of a State Historical Preservation Override Application and Public Hearing The Governing Body heard from City Attorney Blaine Finch, who discussed an application to the State Historic Preservation Office (SHPO) for an electronic sign at Ottawa Memorial Auditorium and provided the following information: • Ottawa Memorial Auditorium (OMA) is seeking to install an electronic sign on the front of the building • Friends of OMA have collected nearly $25,000 in donations to support the sign, and the City Commission committed American Rescue Plan Act funds to supplement the purchase • OMA is located within the Historic Central Business District, and due to non- conformance with the City’s Comprehensive Plan, SHPO required a permit application • SHPO determined that the proposed sign 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 • The City has prepared an SHPO Override Application form • City Commission can hear and decide whether to override the decision of SHPO • A hearing has been noticed for Wednesday, April 19th at 10:00 am for public discussion • If it is deemed that no other solutions exist, a resolution is provided for consideration 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 reviewed the April 19, 2023 Regular Meeting agenda items and updated the Governing Body on the interviews held to begin selecting a firm to advise the City on the process of consideration for an aquatics facility. 5.8.23 Agenda Pkt Page #5 Commissioner's Comments Commissioner Graves stated she would not be in attendance at the April 19, 2023 Regular Meeting. Mayor's Comments Mayor Crowley had no comment. Announcements Mayor Crowley made the following announcements: • April 19, 2023 Regular Meeting, 10:00 am, City Hall • April 24, 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 4:19 pm. Melissa Reed, City Clerk 5.8.23 Agenda Pkt Page #6  Back to Agenda 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.” 5.8.23 Agenda Pkt Page #7 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 5.8.23 Agenda Pkt Page #8 Friends of OMA Board . Commissioner Clayton said he was a financial donor for the 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. 5.8.23 Agenda Pkt Page #9 Resolution Approving Replat for OakStar Bank Addition 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 5.8.23 Agenda Pkt Page #10  • The recently built duplex encroaches the utility easement by 2 feet 6 inches • 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. Melissa Reed, City Clerk 5.8.23 Agenda Pkt Page #11