City Commission

OTTAWA CITY COMMISSION STUDY SESSION AGENDA Monday, October 2, 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 October 2, 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 (Click on the item to access the attachment) A. Minutes (Pp. 2 - 4) 1. September 25, 2023 Study Session II. ITEMS FOR PRESENTATION AND DISCUSSION * A. Ordinance Amending Section 4-604 and 4-316 of Municipal Code on Liquor Sales - City Attorney (Pp. 5 - 6) B. Update from the Ottawa Recreation Commission - ORC Executive Director C. Resolution Approving Final Plat & Accepting the Dedication of all Easements and Right-of-Ways Within the Victory Plaza Development - Director of Neighborhood and Community Services (Pp. 7 - 8) D. Comments by City Manager E. Comments by City Commissioners F. Comments by Mayor III. ANNOUNCEMENTS A. October 4, 2023 Coffee with a Cop - 8:00 - 10:00 am, Starbucks, 2160 S. Princeton B. October 4, 2023 Regular Meeting - 7:00 pm, City Hall C. October 7-9, 2023 League of Kansas Municipalities Annual Conference, Wichita D. October 9, 2023 Study Session CANCELLED E. October 16, 2023 Study Session - 4:00 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 C. Minutes from September 18, 2023 Study Session and September 20, 2023 Regular Meeting D. Proclamation Recognizing October 2023 as Domestic Violence Awareness Month V. ADJOURN  Back to Agenda Study Session Minutes Ottawa, Kansas Minutes of September 25, 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 Larry Barber, Over the Road Gang President, presented a plaque to the City of Ottawa and thanked everyone for their help in another successful event. Kirby Snyder, Blue Sky Liquors 846 S. Main St., presented a request to expand Sunday liquor sales to start at 9:00 a.m. The Governing Body agreed by consensus to have the City Attorney draft an ordinance expanding Sunday liquor sales on Sunday for review. Minutes to Review The Governing Body reviewed minutes from the September 18, 2023 Study Session, September 20, 2023 Regular Meeting and a Proclamation recognizing October 2023 as Domestic Violence Awareness Month. The Governing Body agreed by consensus to place these items on the next Regular Meeting agenda on October 4, 2023. Receive and File a Capital Projects Update The Governing Body heard from City Manager Brian Silcott, who provided a brief update on the process for capital projects that provides one center point for administration and future reporting. Mr. Silcott reviewed the following: • Active Project List – list of all of the adopted projects; • The document structure was reviewed in the file folders, including contracts, correspondence, minutes, notes, transmittals, bidding phase, pay requests, etc. • Master Project Summary List was reviewed • Individual Project tracking forms were reviewed • Working on streamlining the monthly reporting process; a PDF copy will include this information • Ottawa Municipal Auditorium remodel is in progress, 48.33% of the project budget has been expensed and concludes in the next 30 to 60 days • City Hall security improvements are in progress, with 9.65% of the budget expensed • The Fire Department comprehensive study is in progress, and we hope to have it wrapped up this Fall • Compensation Study is in progress and should be wrapped up in the next month or so • Street rehabilitation – 1200 block of South Maple • Taxiway reconstruction project – just kicking off $196,982 • Splash pad – significant movement in the next coming months as we strive to get that open by late Spring of 2024 • Street rehabilitation project for Mulberry and Dundee, came in high and is being rebid • Fitness Court has been completed 10.02.23 Agenda Pkt Page #2  • Street rehabilitation – Princeton St – should be wrapping up soon • Proximity Park water tower– currently in progress • Water plant generator – 84% of budget expenses • UV/Water Treatment plant study is in the early phases City Manager's Comments City Manager Brian Silcott had no comment. Commissioner's Comments Mayor Pro Tem Skidmore addressed the electrical issues at the North Industrial Park. Mayor's Comments Mayor Crowley had no comment. Announcements A. October 2, 2023 Study Session - 4:00 pm, City Hall B. October 4, 2023 Regular Meeting - 10:00 am, City Hall Executive Session Executive Session Recess Mayor Crowley made a motion, seconded by Mayor Pro Tem Skidmore, to recess into executive session for a period of 30 minutes, resuming at 5:05 pm with City Attorney Blaine Finch present for the purpose of attorney/client consultation. The justification for the closed session is to engage in personnel matters of non-elected personnel K.S.A. 75-4319(b)(1). The motion was considered and upon being put, all present voted aye. The Mayor declared the meeting duly recessed. Reconvene Mayor Crowley made a motion, seconded by Commissioner Clayton, to reconvene into open session. The motion was considered and upon being put, all present voted aye. The Mayor declared the meeting duly reconvened at 5:05 p.m. Recess Mayor Crowley made a motion, seconded by Mayor Pro Tem Skidmore, to recess into executive session for a period of 20 minutes, resuming at 5:25 pm with City Attorney Blaine Finch present for the purpose of attorney/client consultation. The justification for the closed session is to engage in personnel matters of non-elected personnel K.S.A. 75-4319(b)(1). The motion was considered and upon being put, all present voted aye. The Mayor declared the meeting duly recessed. Reconvene Commission Clayton made a motion, seconded by Mayor Crowley, to reconvene into open session. The motion was considered and upon being put, all present voted aye. The Mayor declared the meeting duly reconvened at 5:45 p.m. Adjournment There being no further business to come before the Governing Body, the Mayor declared the meeting duly adjourned at 5:45 p.m. 10.02.23 Agenda Pkt Page #3 _________________________ Melissa Reed, City Clerk 10.02.23 Agenda Pkt Page #4  Back to Agenda ORDINANCE NO.________ AN ORDINANCE AMENDING SECTION 4-604 (Hours of Sale of Liquor by the Package) and 4-316 (Business Regulations for Enhanced Cereal Malt Beverage Sales) IN THE MUNICIPAL CODE OF THE CITY OF OTTAWA, KANSAS, 2015 EDITION. WHEREAS the Ottawa Municipal Code contains a restriction on the hours of sale for businesses that sell or alcoholic liquors and enhanced cereal malt beverage; and WHEREAS, the City of Ottawa has previously approved expanded days and hours under K.S.A. 41-217 and K.S.A. 41-2911 to include Sunday sales; and WHEREAS state law has changed to allow sales on Sundays beginning at 9:00 a.m. in 2021 HB 2137.; and WHEREAS retailers who sale liquor by the package and enhanced cereal malt beverage in the original package have requested the City align its ordinance to the state law on hours of sale; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OTTAWA, KANSAS: Section 1: SECTION 4-604 OF ARTICLE VI, OF CHAPTER 4 of the Municipal Code of the City of Ottawa, Kansas, 2015 Edition, relating to Hours of Sale for liquor by the package is hereby amended as follows: Section 4-604 Hours of Sale No person shall sell at retail any alcoholic liquor: A. On Sundays before 9:00 a.m. or after 8:00 p.m. B. On Easter Sunday, Thanksgiving Day, and Christmas Day; C. Before 9:00 a.m. or after 10:00 p.m. on any day when the sale thereof is permitted. Section 2: SECTION 4-316 OF ARTICLE III, OF CHAPTER 4 of the Municipal Code of the City of Ottawa, Kansas, 2015 Edition, relating to Business Regulations for the sale of enhanced cereal malt beverages is hereby amended as follows: Section 4-316 Business Regulations It shall be the duty of every licensee to observe the following regulations. A. The place of business licensed, and operating shall at all times have a front and rear exit unlocked when open for business. B. The premises and all equipment used in connection with such business shall be kept clean and in a sanitary condition and shall at all times be open to the inspection of the police and health officers of the city, county and state. 10.02.23 Agenda Pkt Page #5  C. Except as provided by subsection (d), no enhanced cereal malt beverages may be sold or dispensed; (1) Between the hours of 12:00 midnight and 6:00 a.m.; (2) in the original package before 9:00 a.m. or after 8:00 p.m. on Sunday; (3) on Easter Sunday; or (4) for consumption on the licensed premises on Sunday, except in a place of business which is licensed to sell enhanced cereal malt beverage for consumption on the premises, which derives not less than 30% of its gross receipts from the sale of food for consumption on the licensed premises. Closing hours for clubs shall conform to K.S.A. 41-2614 and amendments thereto. D. Enhanced cereal malt beverages may be sold at any time alcoholic liquor is allowed by law to be served on premises which are licensed pursuant to K.S.A. 41-2601, et seq. and amendments thereto, and licensed as a club by the State Director of Alcoholic Beverage Control. E. The place of business shall be open to the public and to the police at all times during business hours, and no private rooms or closed booths shall be permitted, except that premises licensed as a club under a license issued by the State Director of Alcoholic Beverage Control shall be open to the police and not to the public. F. It shall be unlawful for any licensee or agent or employee of the licensee to become intoxicated in the place of business for which such license has been issued. G. No licensee or agent or employee of the licensee shall permit any intoxicated person to remain in the place of business for which such license has been issued. H. No licensee or agent or employee of the licensee shall permit any gambling in the place of business for which such license has been issued. I. To licensee or agent or employee of the licensee shall permit any person to mix alcoholic drinks with materials purchased in said place of business or brought in for such purpose. J. No licensee or agent or employee of the licensee shall employ any person under 18 years of age in dispensing enhanced cereal malt beverages. No licensee shall employ any person who has been judged guilty of a felony. Section 3: REPEAL. Any prior ordinance or code section in conflict with this ordinance is hereby repealed. Section 4: EFFECTIVE DATE; PUBLICATION. This ordinance shall be in full force and effect from and after its publication in the official city newspaper. PASSED AND ADOPTED by the Governing body of the City of Ottawa, Kansas, this day of , 2023. Mayor ATTEST: City Clerk 10.02.23 Agenda Pkt Page #6  Agenda Item: II.C. City of Ottawa City Commission Regular Meeting Back to Agenda October 4, 2023 TO: Mayor and City Commission SUBJECT: Resolution Approving Final Plat for Victory Plaza INITIATED BY: Director of Neighborhood Services AGENDA: Items for Presentation & Discussion Recommendation: Approve the final plat of Victory Plaza as presented. Premier Plaza is a two-lot plat allowing for the construction of a relocated dealership for Victory Ottawa, to be built in two phases. (Premier Plaza is a replat of Tract 2, from a lot split of Lot 45, County Clerk Subdivision No. 1,) Background: The City of Ottawa’s Planning Commission held a public hearing on September 8, 2021 and approved the Preliminary Plat at that time with the condition that the developer/applicant resolve all plat drawing issues satisfactorily. The City engineer considers the plat drawing issues satisfactorily resolved. Development in accordance with the Preliminary and Final Plat includes the construction of a public sanitary sewer main extension, public water main, and a right turn lane and curb, gutter, and sidewalk in 23rd Street. The City Engineer has reviewed plans for the public infrastructure. Approximately ¼ of the property, located along the south property boundary, is in the 100-year flood plain. The applicant is building up the site by adding fill to the floodplain and thus altering the 100- year floodplain. The work in the 100-year floodplain requires a Conditional Letter of Map Review for Fill (CLOMR-F) from the Federal Emergency Management Agency (FEMA). The owner’s application for the CLOMR-F is under review by FEMA. Approval of the Final Plat is required prior to approval of final building permits. The infrastructure work is substantial and not expected to be completed soon. Victory Ottawa wishes to obtain final building permits soon, so is requesting final plat approval prior to completion of the public infrastructure. A development agreement will be required to ensure that the public improvements are completed after filing of the Final Plat. Financial Considerations: There is no direct financial impact to the City. The improvements will over time contribute to the financial strength of the community both through increased assessed valuation as well as through potential sales tax income. Legal Considerations: City Attorney Finch has prepared the proposed resolution for consideration by the Governing Body. Recommendation/Actions: Approve the final plat of Victory Plaza as presented. Attachments: Resolution 10.02.23 Agenda Pkt Page #7  Back to Agenda RESOLUTION NO. ____________ RESOLUTION APPROVING A FINAL PLAT AND ACCEPTING THE DEDICATION OF ALL EASMENTS AND RIGHT-OF-WAYS WITHIN THE VICTORY PLAZA DEVELOPMENT IN THE CITY OF OTTAWA, KANSAS BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF OTTAWA, KANSAS: SECTION ONE: The final plat of the Victory Plaza development is approved. SECTION TWO: The Mayor and City Clerk are hereby authorized and directed to execute this resolution and to affix their signatures to the final plat thereby accepting all easements and dedications as approved and recommended by the City Engineer, approved by the Planning Commission, and all located within the Victory Plaza Development, City of Ottawa, Franklin County, Kansas. SECTION THREE: This resolution shall be in full force and effect from its adoption. PASSED AND ADOPTED by the Governing body of the City of Ottawa, Kansas, this______ day of ______, 2023. [SEAL] ________________________ Eric Crowley, Mayor ATTEST: ________________________ Melissa Reed, City Clerk APPROVED AS TO FORM: ________________________ Blaine Finch, City Attorney 10.02.23 Agenda Pkt Page #8