City Commission

OTTAWA CITY COMMISSION STUDY SESSION AGENDA Monday, July 24, 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 July 24, 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. I. ITEMS TO BE PLACED ON THE REGULAR CITY COMMISSION AGENDA II. ITEMS FOR PRESENTATION AND DISCUSSION * (Click on the item to access the attachment) A. Ordinance Rezoning 2209 S. Princeton From C-3 General Commercial District to Mixed Use Residential / Commercial District - Melanie Landis (Pp. 2 - 7) B. Ordinance Granting a Conditional Use Permit for 2209 S. Princeton to Allow Student Housing / Dormitory - Melanie Landis (Pp. 8 - 9) C. Consensus to Seek Request for Proposals for Sale of City’s Fiber Utility - Brian Silcott / Blaine Finch / Paul Sommer (Pp. 10 - 15 ) D. City Hall Security Upgrades Bid Update - Brian Silcott / Paul Sommer (P. 16) E. Memorandum of Agreement with Kansas Forest Service - Chief Matthias (Pp. 17 - 29) F. Comments by City Manager G. Comments by City Commissioners H. Comments by Mayor III. ANNOUNCEMENTS A. July 31, 2023 Study Session - 4:00 pm, City Hall B. August 2, 2023 Regular Meeting - 7:00 pm, City Hall IV. ITEMS ALREADY PLACED V. ADJOURN *All presentation materials to be reviewed at the 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. 7.24.23 Agenda Pkt Page #1  MEMORANDUM TO: HONORABLE CITY COMMISSION BRIAN W. SILCOTT, CITY MANAGER FROM: MELANIE LANDIS, INTERIM DIRECTOR, NEIGHBORHOOD & COMMUNITY SERVICES SUBJECT: ORDINANCE REZONING 2209 S PRINCETON STREET DATE: JULY 24, 2023 STUDY SESSION Property owners Om Sai Ram Inc. and Big Bear Enterprises LLC request consideration of a rezone for the property of 2209 S Princeton from C-3 General Commercial District to MU/RC Mixed Used Commercial / Residential. The site consists of one lot 3.16 acres (137,649.6 square feet) in size that is generally located 380’ north of East 23rd Street on the east side of N Princeton Street, addressed as 2209 S Princeton Street. The site consists of a two-story motel building (Days Inn). The applicant intends to repurpose the site into student housing dormitories for Ottawa University. The applicant is anticipating 70-80 of the 89 beds available at the site will be used as dorm style beds. The required number of parking spaces will be dictated by the final number of beds. (1 off street parking space per bed). Under current zoning regulations for the current zoning of C-3 General Commercial, the property cannot be used for dormitory use and a rezoning is needed. The recommendation of a Mixed Use Residential/Commercial rezoning is that it fits well within the intent of a Mixed-Use District which is to encourage compatible mixed-use environment and utilize the character of a particular area. Dormitories are allowed within the MU/RC District with a Conditional Use Permit. The Planning Commission held a Public Hearing for the Rezoning of this property on July 12, 2023. Notice was provided to the surrounding property owners as well as published in the local newspaper. No public comments were received. The findings were accepted as presented with a vote of 5-0 and the Planning Commission voted 5-0 to recommend approval of the rezoning to the City Commission. RECOMMENDATION Staff recommends that the City Commission consider the ordinance approving the rezoning of 2209 S Princeton at the August 2, 2023, Regular Meeting. Attachments: Vicinity Map Ordinance (forthcoming) Planning Commission memo and staff findings 7.24.23 Agenda Pkt Page #2  Back to Agenda CITY PLANNING COMMISSION STAFF REPORT June 29, 2023 (Study Session) July 12, 2023 (Regular Meeting) Applicant: Brett Chartier 336 S Main Ottawa KS 66067 PROPERTY OWNER: Om Sai Ram Inc. Big Bear Enterprises LLC *** Ottawa KS 66067 LOCATION: 2209 S Princeton Ottawa KS 66067 AREA: 3.16 acres (137,649.6 sq. ft.) ZONING: C-3, General Commercial District REQUEST: To consider a request to rezone property from C-3 General Commercial District to MU/CR Mixed Use Commercial/ Residential District. SURROUNDING LAND USE: Commercial 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 commercial 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 consists of one lot 3.16 acres (137,649.6 square feet) in size that is generally located 380’ north of East 23rd Street on the east side of N Princeton Street, addressed as 2209 S Princeton Street. The site consists of a two-story motel building (Days Inn). The applicant intends to repurpose the site into student housing dormitories for Ottawa University. The number of beds has not been finalized, but at this time the applicant is anticipating 70-80 of the 89 beds available at the Days Inn will be used as dorm style beds. The number of parking spaces will be dictated by the final number of beds. (1 off street parking space per bed). 7.24.23 Agenda Pkt Page #3 Within current zoning regulations, as zoned, the applicant would not be able to use the lot for dormitory use. To repurpose the existing building as a dormitory, 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-3 Residential District – Multifamily dwellings are permitted by right, provided that intensity of use standards are met. However, additional fencing and screening requirements for parking facilities in residential districts would apply. Staff has further concerns about “spot zoning” with creating a residential district surrounded by commercial uses. - Mixed Use Residential/Commercial MU/RC – Although “spot zoning” remains a concern, this use might fit well within the intent of the MU District, which is to encourage a compatible mixed-use environment, utilizing the character of a particular area. The MU/RC District facilitates compatible mixed-use activity with a stated objective to attract new residences through adaptive reuse and redevelopment of vacant or underutilized properties. Permitted uses in MU/RC include any use allowed in the R2 or R-3, C-1 or C-2 zoning districts, which includes student/dormitory housing. For any new development or exterior modifications, they must meet design standards set out in Article 17. Should the use proposed in this case go away, multiple uses would be allowed in MC/RC that would not be allowed if it went to just R-3 zoning. After review, staff is recommending Mixed Use/Residential Commercial zoning at this site because it is more compatible with the surrounding C-3 zoning than R-3 zoning would be and allows more flexible uses including student housing. 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. The intent of the Mixed-Use Districts is to accommodate compatible mixed-use development. The intent of the Mixed Use/Residential-Commercial (MU/RC) District is to encourage compatible mixed use residential and commercial uses of low to moderate intensity in such a way as to promote reuse and readaptation of structures and the redevelopment of properties without compromising public health and safety. Staff Finding: The change in classification is consistent with the intent of the Mixed-Use District. 2. The character and condition of the surrounding neighborhood and its effect on the proposed change. The surrounding neighborhood is a mixture of commercial land uses. 7.24.23 Agenda Pkt Page #4  Back to Agenda Staff Finding: The character of the neighborhood is certainly that of predominantly commercial uses. The building’s current use is that of an open motel and therefore would not affect change on the surrounding area. Rezoning from Commercial to Mixed Use would allow student housing/dormitory use is consistent with the existing motel use. 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 necessary because of changing conditions in the city and the need for additional student housing in Ottawa and to accommodate the reuse of this existing building as such. 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 commercial. Staff Finding: The effect on the nearby properties of changing this lot to Mixed Use will be minimal – as previously mentioned, the area surrounding the site is commercial use and student housing use is compatible with the existing motel use. 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. Permitted uses in MU/RC include any use allowed in the R-2 or R-3, C-1 or C-2 zoning districts. Conditional uses in MU/RC include any use allowed in the R-2 or R-3, C-1 or C-2 zoning districts, with the addition of schools, mini-storage, and brewpubs. Staff Finding: The uses allowed under the Mixed-Use District allow for student housing and is a better fit with the surrounding commercial zoning than a residential zoning. Mixed-Use zoning classification at this location would be compatible with the surrounding area. 6. The suitability of the applicant’s property for the uses to which it has been restricted. The site to be rezoned is in an area of town that is one of the major general commercial districts in the city. Staff Finding: The site to be rezoned is suitable for mixed use development overall. 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: The property is currently occupied by Days Inn. 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. 7.24.23 Agenda Pkt Page #5  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 purchase it. Staff Finding: The subject site’s location and surrounding mix of land uses does help make the argument that a rezoning to Mixed Use 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 Commercial. Staff Finding: The proposal is not in conformance with the comprehensive plan. However, the surrounding zoning fits in with mixed use district and meets the comprehensive plan’s Goal 4: Housing Quality and Diversity. “Support development of affordable and appropriate housing for all segments of community.” 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 mix of uses as allowed within the MU/CR District. Staff finds that the rezoning would be a gain to the general welfare of the public and would ensure ongoing maintenance and improvements made to a highly visible building in Ottawa. 12. Such other factors as the Planning Commission may deem relevant from the facts and evidence presented in the application. 13. The recommendations of professional staff: Staff recommends that 2209 S Princeton Street be rezoned from C-3, General Commercial District to MU/CR Mixed Use Commercial/Residential. 7.24.23 Agenda Pkt Page #6  Back to Agenda Vicinity Map 2209 S Princeton Street 7.24.23 Agenda Pkt Page #7  Back to Agenda MEMORANDUM TO: HONORABLE CITY COMMISSION BRIAN W. SILCOTT, CITY MANAGER FROM: MELANIE LANDIS, INTERIM DIRECTOR, NEIGHBORHOOD & COMMUNITY SERVICES SUBJECT: ORDINANCE APPROVING CONDITIONAL USE PERMIT FOR STUDENT HOUSING/DORMITORY USE AT 2209 S PRINCETON STREET DATE: JULY 24, 2023 STUDY SESSION Property owners Om Sai Ram Inc. and Big Bear Enterprises LLC request consideration of a Conditional Use Permit (CUP) for the property of 2209 S Princeton for the purpose of student housing/dormitory use. The property will be leased by Ottawa University. The site consists of one lot 3.16 acres (137,649.6 square feet) in size that is generally located 380’ north of East 23rd Street on the east side of N Princeton Street, addressed as 2209 S Princeton Street. The site consists of a two-story motel building (Days Inn). The applicant intends to repurpose the site into student housing dormitories for Ottawa University. The applicant is anticipating 70-80 of the 89 beds available at the site will be used as dorm style beds. The applicant has requested a rezoning of the property, from C-3 General Commercial District to Mixed Use Residential/Commercial, which has been approved by the Planning Commission and recommended to the City Commission for approval. Once rezoned, student housing/dormitory housing over 30 beds is allowed with an approved Conditional Use Permit. The condition of which is that 1 off-street parking space per bed be provided. One goal of the Ottawa Comprehensive Plan is to “support development of affordable and appropriate housing for all segments of the community.” The comprehensive plan also acknowledges the student housing concerns in Ottawa. The Planning Commission will hold a Public Hearing for the Conditional Use Permit on July 27, 2023, at a special meeting. Notice was provided to the surrounding property owners as well as published in the local newspaper. This item is being presented to the City Commission as informational only at this time. Ottawa University would like to move students into the facility as soon as possible and an August 2, 2023, consideration of the ordinance approving the CUP is requested. More details about the decisions of the Planning Commission will be provided to the City Commission once available. RECOMMENDATION Staff recommends that the City Commission consider the ordinance approving the conditional use permit for student housing/dormitory use at 2209 S Princeton at the August 2, 2023, Regular Meeting only if the Planning Commission approves the proposed staff findings and if a vote of approval is made to recommend approval to the City Commission on July 27, 2023. Attachments: Vicinity Map Ordinance (forthcoming) Planning Commission memo and staff findings (forthcoming) 7.24.23 Agenda Pkt Page #8  Back to Agenda Vicinity Map 2209 S Princeton Street 7.24.23 Agenda Pkt Page #9  Back to Agenda Agenda Item: II.C City of Ottawa City Commission Study Session July 24, 2023 TO: City Commissioners SUBJECT: Municipal Broadband Fiber Infrastructure Development of a Request For Proposals for the Divestment of Assets INITIATED BY: City Manager AGENDA: New Business Recommendation: It is recommended that the City Commission authorize staff to develop an RFP for the divestment of assets related to the Municipal Broadband Utility Infrastructure. Background: Because of a lack of providers offering high speed internet access the City initiated development of municipal broadband utility in 2013, providing high speed internet service to local business and educational institutions. The City’s broadband utility is not a cost recovery operation as staffing costs are retained in the General Fund and Electric Utility Fund. The utility provides service to between 20-25 business and educational institution customers at any one time and has a rate structure that is inadequate for funding system replacement and upgrade. The City currently has two internet providers (Vyve & AT&T) utilizing public right-of-way. The City has been approached by two additional providers requesting the purchase of the City’s fiber infrastructure. Both providers intended to provide high speed fiber directly to the home, throughout the entire City. Purchasing the city’s network would greatly reduce costs and expedite the timeframe in providing service to every home in Ottawa. Analysis: Staff is seeking authorization to develop an RFP to solicit bids for the purchase of the City’s network. The current value of the fiber network is estimated to be in excess of $1,000,000. However, without a detailed cost analysis, the exact value remains unknown. Regardless of the physical value and its replacement cost, the true value is defined by what a provider is willing to pay for the network. An RFP will provide a concrete dollar as to the value of the system. Bids will be solicited from the two current providers, the two interested providers, and service providers within the KC metro. It is important to note that the City Commission may reject any and all bids received in response to an RFP. Financial Considerations: None Legal Considerations: Approve as to Form Recommendation/Action: Authorize the development and distribution of an RFP for the divestment of the City’s broadband fiber utility network. Attachments: None 7.24.23 Agenda Pkt Page #10  Back to Agenda Broadband Acceptable Use Policy Last Modified: 11/5/2012 A. General The City of Ottawa (“Ottawa”) provides to users a variety of information technology related products and services, including such service as internet access, connectivity and content delivery services, various electronic mail (email) packages and services, world wide web hosting arrangements, voice and other data, online, internet-related and network services (each, a “Service” and collectively the “Services”). This Acceptable Use Policy (“AUP”) defines the Acceptable Use of the Services with a view of ensuring the integrity, security, reliability and privacy of the City of Ottawa’s network, systems, products, services, server hosting facilities and data contained therein (collectively, the “Ottawa Infrastructure”). All users of the Ottawa Infrastructure are required to comply with this policy and all applicable laws and regulations in full, in addition to all terms and conditions of applicable agreements, and any additional policies that may be applicable to a specific service offered by Ottawa, as well as for providing assistance to the City of Ottawa in investigating and resolving any issue. Customers of the City are responsible for immediately reporting to the City of Ottawa any issue that could compromise the stability, service or security of any user or system connected to the Ottawa Infrastructure. All users of the Ottawa Infrastructure are solely responsible for the content and messages that they post, distribute or otherwise make available using the Ottawa Infrastructure and Services. Ottawa encourages its Customers to self-rate their websites using a major rating agency such as the Internet Content Rating Association (ICRA) (http://www.icra.org) Users of the Ottawa Infrastructure are encouraged to review this AUP often for changes or new information. Please send questions, comments, or complaints regarding this AUP to: mailto: abuse@ottawaks.gov. For the purposes of this policy, a Customer is defined as any party who purchases a Service from the City of Ottawa. ANY INDIRECT OR ATTEMPTED VIOLATION OF THIS POLICY BY OR ON BEHALF OF A CUSTOMER OR A CUSTOMER'S END USER, AND ANY ACTUAL OR ATTEMPTED VIOLATION BY A THIRD PARTY ON BEHALF OF A CUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED A VIOLATION OF THE POLICY BY SUCH CUSTOMER OR CUSTOMER’S END USER AND CUSTOMER SHALL BE HELD DIRECTLY ACCOUNTABLE THEREFORE. B. Prohibited Activities It is contrary to Ottawa’s policy for any of its Customers or other user(s) of a Service to effect or participate in any of the activities listed below (whether actual or attempted and whether directly or indirectly) through a Service. Each of the below practices (each, a “Prohibited Activity”) constitutes abuse of Ottawa’s Services, the Ottawa Infrastructure and facilities and/or interferes with other Service users. Accordingly, the below practices are prohibited: 1. E-Mail Abuse A. Users are prohibited from engaging in improper use or distribution of electronic mail ("e-mail"). Users are strictly prohibited from engaging in any of the following activities: · Sending unsolicited mass or commercial e-mail ("spamming") for any purpose whatsoever. · Having third parties send out commercial emails on any user's behalf. Using Ottawa facilities to receive replies from unsolicited emails (commonly referred to as "drop-box" accounts). · Configuring any email server in such a way that it will accept third party emails for forwarding (commonly known as an "open mail relay"). If a site has roaming users who wish to use a common mail server, the mail server must be configured to require some form of user identification and authorization. B. Mass or commercial email may be sent only to recipients who have expressly requested receipt of such e-mails, by the sending of an email 7.24.23 Agenda Pkt Page #11 request to the person performing the mass or commercial mailings. This exchanging of requests, acknowledgements, and final confirmations (commonly referred to as a "verifiable opt-in" process) must be adhered to in its entirety for any mass or commercial email to be considered "solicited" by the City of Ottawa. C. Users that send mass or commercial e-mail are required to maintain complete and accurate records of all e-mail subscription requests, specifically including the email and associated headers sent by every subscriber, and to immediately provide the City of Ottawa with such records upon request of the City. Subscriptions that do not have a specific recipient generated email request associated with them are invalid, and are strictly prohibited. D. In the absence of positive, verifiable proof to the contrary, the City of Ottawa considers complaints by recipients of e-mails to be de-facto proof that the recipient did not subscribe or otherwise request the e-mail(s) about which a complaint was generated. 2. Usenet (also known as Netnews or Newsgroups) Abuse A. Ottawa recommends that users not post to any newsgroup until they have familiarized themselves with the subjects, established guidelines, and restrictions of such newsgroups. All Usenet guidelines and restrictions are incorporated herein by reference, and users of Ottawa’s network agree to adhere to such guidelines unconditionally. B. Without limitation of the foregoing, it is strictly prohibited to engage in any of the following activities: · Making any posting for commercial purposes (including without limitation the pointing to specific URLs for commercial purposes), except where such postings are expressly permitted under the charter and/or Frequently Asked Questions (FAQ) of an applicable newsgroup. · Posting binary files to newsgroups whose charter or name does not include allowances for such files. · Canceling newsgroup postings other than your own, or using auto-responders or cancel-bots (except in cases of official newsgroup moderators performing their duties). · "Excessive Cross-Posting" (ECP) or "Excessive Multi-Posting" (EMP), or "Usenet spam": the City of Ottawa retains the exclusive right to define these and other terms, however, we generally defer to the definitions found at http://www.cybernothing.org/faqs/net-abuse-faq.html · Disrupting newsgroups with materials, postings, or activities that are (as determined by the City in its sole discretion), excessive, or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroup's name, FAQ, or charter. · Performing any unauthorized creation, cancellation, or removal of newsgroups. C. The legitimacy of a given post or cancellation is generally determined by the official newsgroup or mailing-list moderator, therefore, Ottawa usually defers to their judgment on these issues, however, the City of Ottawa retains the exclusive right to make these determinations. 3. Other Forms of Abuse A. Violating a law or regulation (including, but not limited to, libel, slander, invasion of privacy, harassment, obscenity, child pornography, terrorist activity, export laws and regulations, and infringement or misappropriation of another party’s copyrights, trademarks, patents, trade secrets or other intellectual property rights); B. Threatening the integrity and/or security of any network or computer system including, but not limited to, Denial of Service Attacks (whether intentionally or through neglect, of any other user, host, or network), transmission of worms, viruses and other malicious codes and accessing any device or data without proper authorization; C. Injecting, intentionally or negligently, false or unauthorized network control data into Ottawa’s network, for instance in the form of incorrect routing or DNS information. D. Attempting to use the Service in such a manner so as to avoid incurring charges for or otherwise being required to pay for such usage; 7.24.23 Agenda Pkt Page #12 E. Otherwise degrading or interfering with other users’ use of a Service; F. Breaching a third party non-disclosure agreement or other obligation of confidentiality; G. Violating generally accepted standards of Internet usage, which are published from time to time by the Internet Engineering Task Force (http://www.ietf.org), including, but not limited to, web page defacement, port and network scanning, and unauthorized system penetrations. The City of Ottawa reserves the right, in its sole discretion, to make a determination whether any particular conduct violates such norms and expectations; H. Violating public policy or an international norm; I. Violating the acceptable use policy(s) of a network to which a Customer connects; or J. Engaging in any of the activities listed in B1, 2, 3 above by using another provider’s service, by channeling the activity through a Ottawa account, remailer, or otherwise through a Service. C. Customer Duties and Reporting Obligations Each Customer is responsible for providing assistance to the City in investigating and resolving any issue, as Ottawa may request from time to time. Customers of the City of Ottawa are responsible for immediately reporting to the City any issue which could compromise the stability, service or security of any user or system connected to Ottawa’s network. Should a user's system be exploited by unauthorized persons, the user is responsible for both reporting the violation (where applicable), and then fixing the exploited system. The prevention of "unintentional attacks", such as infection and subsequent propagation of computer viruses, is the responsibility of every user. Anti-virus software should be installed on every system which connects to Ottawa’s network. Users are responsible for protecting their password and for any authorized or unauthorized use made of their password. Customer will not use or permit anyone to use the City’s Service to guess passwords or access other systems or networks without written authorization. In the event a network or network device becomes compromised, Ottawa will assist in the tracking and/or expulsion of said offender on the network level to the extent Ottawa finds reasonable, at its sole and absolute discretion. D. The City of Ottawa’s Rights and Remedies Ottawa may suspend and/or terminate, without liability, a Customer’s Service at any time for any failure of Customer, its representatives or its users to comply with this policy or for engaging (or permitting others to engage) in a Prohibited Activity (as determined by Ottawa, in its reasonable discretion). Ottawa may deny all traffic from known IP address blocks that support indiscriminate port scanning programs such as ProxyHunter, or other unlawful activity, for the purpose of preserving Customer’s system and network resources. Ottawa reserves the right to charge the Customer and Customer agrees to pay to the City any and all third party costs, fines, fees or levies Ottawa incurs as a result of Customer or an end user engaging in a Prohibited Act. Ottawa reserves the right to, where feasible; implement technical mechanisms to prevent a Prohibited Activity. Nothing in this Acceptable Use Policy limits the City’s rights and remedies (available at law or in equity) in any way with respect to any Prohibited Activity. E. Configuration All systems which are managed by the City of Ottawa, and connected to the Ottawa Infrastructure shall be configured in accordance with industry standards, applicable laws and regulations, specifically to conform with approved “Request For Comments” standards documents which are published from time to time by the Internet Engineering Task Force (http://ietf.org) and shall be kept up to current patch levels as set by the vendor. Systems connected to the Ottawa Infrastructure shall not be configured in any way that obscures system-identity information. 7.24.23 Agenda Pkt Page #13 F. Access to Internet Data Centers For Customers accessing Internet Data Centers (IDCs), in addition to, and to the extent not in conflict with, the rules of the individual IDC, only those individuals identified in writing by the City or by Customer on the Customer Registration Form (“Authorized Personnel”) may access the IDCs. Customer shall deliver prior written notice to the City of any changes to the Customer Registration Form and the list of Authorized Personnel. Customer and its representatives shall not allow any unauthorized persons to have access to or enter any IDC. Customer and its representatives may only access that portion of an IDC made available by Ottawa to Customer for the placement of Customer's equipment and use of the IDC Services (the “Customer Area”), unless otherwise approved and accompanied by an authorized Ottawa representative. G. Use of Internet Data Center Facility Conduct at Internet Data Centers. For Customers accessing IDCs, in addition to, and to the extent not in conflict with, the rules of the individual IDC, Customer and its representatives agree to adhere to and abide by all security and safety measures established by the City and set forth in the Customer Guide provided by the City to Customer. Customer and its representatives shall also not do or participate in any of the following: 1. misuse or abuse any City property or equipment or any third party property or equipment; 2. make any unauthorized use of or interfere with any property or equipment of any other Ottawa Customer; 3. harass any individual, including City personnel and representatives of other Ottawa Customers; 4. engage in any activity that is in violation of the law or aids or assists any unlawful activity while on City property or in connection with the IDC Services. Prohibited Items. For Customers accessing IDCs, in addition to, and to the extent not in conflict with, the rules of the individual IDC, Customer and its representatives shall keep each Customer Area clean, free and clear of debris and refuse. Customer shall not, except as otherwise agreed to in writing by the City of Ottawa, (1) place any computer hardware or other equipment in the Customer Area that has not been identified in writing to the City of Ottawa; (2) store any paper products or other combustible materials of any kind in the Customer Area (other than equipment manuals); and (3) bring any Prohibited Materials (as defined below) into any IDC. “Prohibited Materials” shall include, but not be limited to, the following and any similar items: 1. food and drink; 2. tobacco products; 3. explosives and weapons; 4. hazardous materials; 5. alcohol, illegal drugs and other intoxicants; 6. electro-magnetic devices which could unreasonably interfere with computer and telecommunications equipment; 7. radioactive materials; 8. photographic or recording equipment of any kind (other than tape back-up equipment). H. Equipment and Connections 7.24.23 Agenda Pkt Page #14 Customer Equipment. For Customers accessing IDCs, in addition to, and to the extent not in conflict with, the rules of the individual IDC, each piece of equipment installed in a Customer Area (the “Customer Equipment”) must be clearly labeled with Customer’s name (or code name provided in writing to the City) and individual component identification. Each connection to and from a piece of Customer Equipment shall be clearly labeled with Customer’s name (or code name provided in writing to the City of Ottawa) and the starting and ending point of the connection. Customer Equipment must be configured and run at all times in compliance with the manufacturer's specifications, including power outlet, power consumption and clearance requirements. Customer must use its best efforts to provide Ottawa with at least 48 hours prior notice any time Customer intends to connect or disconnect any Customer Equipment or other equipment. I. Modification of This Policy The City of Ottawa reserves the right to change this policy from time to time. J. Scheduled Maintenance Customers will be notified in writing (e-mail) on scheduled maintenance times.   Typically appropriate times will be worked out with the customer(s) and several days notice will be provided. 7.24.23 Agenda Pkt Page #15  MEMORANDUM TO: THE HONORABLE CITY COMMISSION CITY MANAGER SILCOTT FROM: PAUL SOMMER, IT DIRECTOR SUBJECT: SECURITY PROJECT CONSTRUCTION BID DATE: JULY 24, 2023 STUDY SESSION City of Ottawa Bids for the construction portion of the Security Project for City Hall were opened on June 25th at 101 S. Hickory 10:00AM in the commission room. The engineers estimate for the construction portion of this Ottawa, KS 66067 project was $103,222.00 785.229.3600 The only bid submitted was from Lloyd Builders in the amount of $158,555.00 for the base bid, and www.ottawaks.gov an additional $7,000.00 for the alternate reinforcement of 1st floor hallway door by the commission chambers bringing the base bid plus alternate to a total of $165,555.00. The City Hall Security Project was funded from the GO-2022A bonds. The budgeted amount for the Project is $230,000.00. The bid received: $165,555.00 Engineering and construction administration: $34,000.00 Door Access equipment and software: $30,000.00 Total: $229,555.00 The city commission has three options for the proposed bid: 1. Approve the bid as presented. This would mean that the city would forward with the bid received. 2. Authorize city staff to negotiate improvements within the budgeted amount. This would allow city staff to work with the contractor to make changes to the project. These changes could lower costs while still completing the project's security goals without exceeding the budgeted amount. 3. Reject the bid as presented. This would mean that the city would not move forward with the project at this time. City staff recommends option 2, as it would allow for some flexibility and potential cost savings. 7.24.23 Agenda Pkt Page #16  Back to Agenda Tim Matthias Shawn Dillon Fire Chief Assistant Chief 720 West 2nd Ottawa, Ks 66067 785-229-3700 Date: 07-20-2023 To: Mayor and Commissioners CC: Brian Silcott, City Manager The Ottawa Fire Department seeks to enter into a Cooperator agreement with the Kansas Forest Service (KFS). The memorandum of agreement and annual deployment agreement is good for five years and could be revisited at its expiration. OFD has been working over the past two years to build a wildland firefighting program. We have received grants for personal protective equipment and equipment in preparation of joining as a cooperator to deploy to large scale incidents. OFD currently has 17 (Firefighter Type 2) and 15 Basic Faller certified individuals. Both certifications are the minimal certifications needed for a wildland firefighter. Because of this, the partnership will allow a quicker path to higher certification levels. Initially, 2 to 3 members could deploy with KFS through their module. KFS staff are certified and have a great amount of experience in wildland incidents across the country. To advance to a further certification level, a qualified individual (KFS staff) must sign off on a OFD member’s skill book. Much of this is obtained while on incidents. Once a member of OFD has been evaluated to the engine or crew boss level, OFD would have the opportunity to send personnel and equipment such as a wildland engine. There are many benefits to this partnership. Working on a large-scale incident would better prepare OFD members if such an event ever occurred that would require usage of the national incident command management system. Should OFD ever deploy on incident that qualifies for reimbursement or is declared a natural disaster, the city could be reimbursed for manpower and equipment usage. Sincerely, Tim Matthias, Fire Chief 7.24.23 Agenda Pkt Page #17 7.24.23 Agenda Pkt Page #18 7.24.23 Agenda Pkt Page #19  Back to Agenda 7.24.23 Agenda Pkt Page #20 7.24.23 Agenda Pkt Page #21 7.24.23 Agenda Pkt Page #22 7.24.23 Agenda Pkt Page #23  Back to Agenda 7.24.23 Agenda Pkt Page #24 7.24.23 Agenda Pkt Page #25 7.24.23 Agenda Pkt Page #26  Back to Agenda 7.24.23 Agenda Pkt Page #27 7.24.23 Agenda Pkt Page #28 7.24.23 Agenda Pkt Page #29