City Commission

OTTAWA CITY COMMISSION STUDY SESSION AGENDA Monday, September 25, 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 September 25, 2023; all emails must include your name If you need this information in another format or require a and 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. - Mr. and Mrs. Snider - Sunday Liquor Sales I. ITEMS TO BE PLACED ON THE REGULAR CITY COMMISSION AGENDA (Click on the item to access the attachment) A. Minutes (Pp. 2 - 8) 1. September 18, 2023 Study Session 2. September 20, 2023 Regular Meeting B. Proclamation Recognizing October 2023 as Domestic Violence Awareness Month (P. 9) II. ITEMS FOR PRESENTATION AND DISCUSSION * A. Receive & File a Capital Projects Update - City Manager Silcott (P. 10) B. Comments by City Manager C. Comments by City Commissioners D. Comments by Mayor III. ANNOUNCEMENTS A. October 2, 2023 Study Session - 4:00 pm, City Hall B. October 4, 2023 Regular Meeting - 7:00 pm, City Hall IV. ALREADY PLACED A. Resolution of Intent to Issue Industrial Revenue Bonds for Sales Tax Exemption B. Public Hearing and Resolution for Constitutional Abatement for Hasty Awards Expansion V. EXECUTIVE SESSION A. Motion: I move that the Commission recess into executive session for a period of ____ minutes for the purpose attorney/client consultation. The justification for the closed session is personnel matters of non-elected personnel. K.S.A. 75-4319(b)(1). The open meeting is to resume in this room at _______. VI. ADJOURN 9.25.23 Agenda Pkt Page #1  Back to Agenda Study Session Minutes Ottawa, Kansas Minutes of September 18, 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 Caylor and Commissioner Clayton. Commissioner Graves was absent. Mayor Crowley called the meeting to order. Public Comments None were given. Minutes to Review The Governing Body reviewed minutes from the September 6, 2023 Regular Meeting, September 11, 2023 Study Session and a Proclamation recognizing September 17-23, 2023 as Constitution Week. The Governing Body agreed by consensus to place these items on the next Regular Meeting agenda on September 20, 2023. Continued Discussion of Resolution of Intent for Industrial Revenue Bonds for Hasty Awards Expansion The Governing Body heard from Tyler Ellsworth, Kutak Rock LLP, regarding the Resolution for Industrial Revenue Bonds for Hasty Awards Expansion. Mr. Ellsworth discussed the following: • Recommendation to consider placing the Resolution of Intent to issue Industrial Revenue Bonds (IRB) for sales tax exemption on the agenda for the City Commission meeting scheduled for October 4, 2023 • City received an Economic Incentive Application from Hasty Awards requesting sales tax exemption and tax abatement related to an expansion planned on their current operational structure • Financial analysis has been performed and the review committee supports the project • Tax abatement requested is a 55% abatement for ten years on the improvements to the newly purchased parcel of property only • PILOT agreement and cost-benefit analysis were reviewed After discussion, the Governing Body agreed by consensus to place this item on the Regular Meeting agenda on October 4, 2023. Continued Discussion of Resolution of Intent for Constitutional Abatement for Hasty Awards Expansion This item was discussed with the Industrial Revenue Bond above and consensus was to place this item, along with the required Public Hearing, on the Regular Meeting agenda on October 4, 2023. Access Management Plan Agreement – Kansas Department of Transportation The Governing Body heard from City Manager Brian Silcott regarding the KDOT agreement for the K-68 Access Management Plan from North Spruce to I-35 Interchange and discussed the following: September 18, 2023 Unofficial Until Approved 9.25.23 Agenda Pkt Page #2 City of Ottawa Study Session Minutes September 18, 2023 Page 2 • Recommendation to place the proposed Access Management Agreement with KDOT and George Butler Associates, Inc. for Project KA-6987-01 for consideration on the September 20, 2023 Regular Meeting agenda • Most recent K-68 corridor management plan was completed in October 2009 • Identified the K-68 corridor from Spruce St to I-35 as an area for commercial and light industrial development • City has been contacted by several property owners and developers interested in developing properties along this corridor • The access management plan serves several important purposes aimed at optimizing the flow of traffic, improving safety and enhancing the quality of life for the surrounding community • The plan will provide guidelines and policies to manage points where drivers can enter or exit a highway or road, which impacts a broad range of factors, including road capacity, speed and vehicular and pedestrian safety • Given the strategic importance of K-68, the successful execution of this Agreement has the potential to improve traffic management, safety and economic development significantly • Agreement authorizes the creation and execution of a traffic study focused on an access management plan on K-68 from the intersection of North Main Street to the I-35 interchange by the Kansas Department of Transportation and the City with George Butler Associates as the contract engineer • KDOT is responsible for the Study, including its administration, producing reports, and payment management • Project is included in the 2023 Revised Operating Budget and is allocated to the Economic Development Fund Street Other Contractual Services line item • Budgeted amount is $35,000, which includes $15,000 project contingency • City’s cost is $20,000 to be remitted to KDOT within 60 days of the Agreement's effective date After discussion, the Governing Body agreed by consensus to place this item on the next Regular Meeting agenda on September 20, 2023. City Manager's Comments City Manager Brian Silcott thanked the volunteers, community members and staff for a successful car show. Commissioner's Comments The Governing Body thanked staff and volunteers for their hard work on the car show. Mayor's Comments Mayor Crowley commented that downtown looked great after the car show and thanked the volunteers. Announcements A. September 20, 2023 Regular Meeting - 10:00 am, City Hall B. September 25, 2023 Study Session - 4:00 pm, City Hall 2 September 18, 2023 Unofficial Until Approved 9.25.23 Agenda Pkt Page #3 City of Ottawa Study Session Minutes September 18, 2023 Page 3 There being no further business to come before the Governing Body, the Mayor declared the meeting duly adjourned at 4:18 p.m. _________________________ Melissa Reed, City Clerk 3 September 18, 2023 Unofficial Until Approved 9.25.23 Agenda Pkt Page #4  Back to Agenda Regular Meeting Minutes City Hall 101 S Hickory, Ottawa, Kansas Minutes of September 20, 2023 The Governing Body met at 10:00 a.m. this date for the Regular City Commission Meeting with the following members present and participating to wit: Mayor Crowley, Mayor Pro Tem Skidmore, Commissioner Caylor, Commissioner Clayton, and Commissioner Graves. Mayor Crowley called the meeting to order. The Mayor welcomed the audience and led the Pledge of Allegiance to the American flag. Father Kenneth Clem from Sacred Heart Catholic Church gave the invocation. Consent Agenda Commissioner Graves made a motion, seconded by Commissioner Clayton, to approve this consent agenda to include minutes from the August 28, 2023 Study Session, September 6, 2023 Regular Meeting, September 11, 2023 Study Session; receive and file financial reports for the August 2023 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 offered at this time. Declaration None given. Proclamation—Constitution Week Commissioner Clayton read a proclamation recognizing September 17 - 23, 2023, as Constitution Week. Constitution Week is an official week to commemorate the anniversary of the creation of the world’s longest-lived written Constitution. April Jenkinson, Daughters of the American Revolution, accepted the proclamation and thanked the Governing Body for the recognition. Ordinance Amending Zoning Regulations to Allow City Agriculture The Governing Body heard from City Manager Brian Silcott, who reviewed ordinances regarding agricultural activities and discussed the following: • The City has received requests to review its current regulations regarding the conducting of low-intensity agricultural activities within the city limits • Desired activities include keeping chickens for egg production, keeping honeybees for honey production, and gardening with the ability to sell animal and plant products at the farmers’ market • Ordinance to add City Agriculture as an accessory use in residential areas of the City 1 September 20, 2023 9.25.23 Agenda Pkt Page #5 City of Ottawa Regular Meeting Minutes September 20, 2023 Page 2 • Ordinance is a text amendment to the City’s Zoning Regulations delineating low- intensity agricultural activities from home occupations and allowing for these activities under certain conditions Mayor Pro Tem Skidmore made a motion, seconded by Commissioner Graves, 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. 4117-23. Ordinance Allowing the Keeping of Bees The Governing Body reviewed an ordinance to allow the keeping of bees in the City. This ordinance regulates the keeping of bees and is based on ordinances from surrounding communities to balance the activity of beekeeping with the need to protect the health, safety, and welfare of surrounding property owners and the bees. Commissioner Clayton made a motion, seconded by Mayor Pro Tem Skidmore, 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. 4118-23. Ordinance Allowing the Raising and Keeping of Female Chickens The Governing Body reviewed an ordinance to allow the raising and keeping of not more than five female chickens. This ordinance contains all the conditions the City Commission indicated it wanted to see in an ordinance to allow for the keeping of chickens in residential areas with a primary goal of egg production. Commissioner Clayton made a motion, seconded by Commissioner Graves, 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. 4119-23. Resolution to Set Fee for Permit to Keep Chickens The Governing Body reviewed a resolution to set a biennial permit fee of twenty dollars for keeping chickens in the City of Ottawa. The consensus was to waive the permit fee until January 1, 2024. Commissioner Graves made a motion, seconded by Mayor Pro Tem Skidmore, to adopt this resolution and waive the permit fee until January 1, 2024. 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. 1940- 23. Request for Adoption of 2023 Standard Traffic Ordinance The Governing Body heard from Police Chief Adam Weingartner, who reviewed an ordinance revising the 2023 Standard Traffic Ordinance (STO) and stated electronic September 20, 2023 2 9.25.23 Agenda Pkt Page #6 City of Ottawa Regular Meeting Minutes Back to Agenda September 20, 2023 Page 3 copies will be available for the 2023 UPOC and 2023 STO after adoption. Commissioner Caylor made a motion, seconded by Commissioner Graves, to approve this ordinance. The motion was considered and upon being put, all present voted aye. The Mayor declared this ordinance duly approved, and this ordinance was duly numbered Ordinance No. 4120-23. Request for Adoption of 2023 Uniform Public Offense Code The Governing Body heard from Police Chief Adam Weingartner, who reviewed an ordinance revising the 2023 Uniform Public Offense Code (UPOC). Commissioner Caylor made a motion, seconded by Mayor Pro Tem Skidmore, to approve this ordinance. The motion was considered and upon being put, all present voted aye. The Mayor declared this ordinance duly approved, and this ordinance was duly numbered Ordinance No. 4121-23. Agreement with the Kansas Department of Transportation for K-68 Access Management Plan The Governing Body heard from City Manager Brian Silcott regarding the KDOT agreement for the K-68 access management Plan from North Spruce to I-35 Interchange and discussed the following: • Most recent K-68 corridor management plan was completed in October 2009 • Identified the K-68 corridor from North Spruce St to I-35 as an area for commercial and light industrial development • The access management plan serves several important purposes aimed at optimizing the flow of traffic, improving safety, and enhancing the quality of life for the surrounding community • The plan will provide guidelines and policies to manage points where drivers can enter or exit a highway or road, which impacts a broad range of factors, including road capacity, speed and vehicular and pedestrian safety • Given the strategic importance of K-68, the successful execution of this Agreement has the potential to improve traffic management, safety, and economic development significantly • Agreement authorizes the creation and execution of a traffic study focused on an access management plan on K-68 from the intersection of North Main Street to the I-35 interchange by the Kansas Department of Transportation and the City with George Butler Associates as the contract engineer • KDOT is responsible for the Study, including its administration, producing reports, and payment management • Project is included in the 2023 Revised Operating Budget and is allocated to the Economic Development Fund under the Other Contractual Services line item • Budgeted amount is $35,000, which includes a $15,000 project contingency • City’s cost is $20,000, to be remitted to KDOT within 60 days of the Agreement's effective date September 20, 2023 3 9.25.23 Agenda Pkt Page #7 City of Ottawa Regular Meeting Minutes September 20, 2023 Page 4 Commissioner Caylor made a motion, seconded by Commissioner Graves, to approve the Kansas Department of Transportation agreement for the K-68 Access Management Plan. The motion was considered and upon being put, all present voted aye. The Mayor declared this agreement duly approved. City Manager’s Comments City Manager Brian Silcott updated the Governing Body on the water tower project at Proximity Park and the Law Enforcement Center roof project. Commissioner’s Comments Commissioner Caylor expressed her concerns regarding passing policies without looking at additional funding for the additional tasks. Commissioner Clayton commented on the importance of Constitution Week. Mayor Pro Tem Skidmore thanked his fellow Commissioners for the great conversations regarding agenda items and congratulated the community on a great car show. Mayor’s Comments Mayor Crowley stated he appreciated the conversation regarding the agenda items and encouraged the community to share any concerns or thoughts. Announcements Mayor Crowley made the following announcements: A. September 25, 2023 Study Session - 4:00 p.m., City Hall B. October 2, 2023 Study Session - 4:00 p.m., City Hall C. October 4, 2023 Regular Meeting - 7:00 p.m., City Hall D. October 7-9, 2023 League of Kansas Municipalities Annual Conference - Wichita, Kansas Adjournment There being no further business to come before the Governing Body, the Mayor declared the meeting duly adjourned at 10:53 a.m. _______________________ Melissa Reed, City Clerk September 20, 2023 4 9.25.23 Agenda Pkt Page #8  Back to Agenda PROCLAMATION In the City of Ottawa, Kansas in recognition of the critical work being done by domestic violence advocates and allies in service of the survivors and victims they serve, we encourage all citizens to actively engage in the scheduled activities and events sponsored by Willow Domestic Violence Center and other organizations working toward an eradication of domestic violence; WHEREAS, more than 20,000 calls are placed to domestic violence hotlines nationwide every day; and WHEREAS, one domestic violence incident occurs every 23 minutes, and one domestic violence murder occurs every 11 days in the state of Kansas; and WHEREAS, in Ottawa, Kansas in 2021 there were 66 reported incidents of domestic violence, 38 of which resulted in arrests; and WHEREAS, the impact of domestic violence is felt not only by individuals and families, but communities and a nation as a whole; and WHEREAS, Ottawa, Kansas joins with other across the state of Kansas and nationwide in supporting domestic violence victims and survivors, the advocates and organizations who serve them, and holding offenders accountable in our community; and NOW, THEREFORE, the governing body of the City of Ottawa, Kansas, does hereby proclaim the month of October 2023 as: Domestic Violence AWARENESS MONTH and urges the community to speak out against domestic and sexual violence, urges its citizens to support and assist survivors of its heinous crimes, urges community leaders to hold offenders accountable, to make prevention efforts a priority by hosting events, creating policies at school and work, and by supporting and participating in programs designed to reduce and eventually eliminate domestic violence as a societal problem. SIGNED this 4th day of October 2023. _________________________________________ Eric Crowley, Mayor 9.25.23 Agenda Pkt Page #9  Back to Agenda II.A Receive & File Capital Projects Report Attachments Pending 9.25.23 Agenda Pkt Page #10