City Commission

OTTAWA CITY COMMISSION REGULAR MEETING AGENDA Wednesday, February 14, 2024 - 4:00 pm Ottawa City Hall - 101 S. Hickory In accordance with Kansas Open Meetings Act (KOMA), the Citizens may in person, via Zoom or submit comments (300 meeting can be viewed live on Channel 23 and via Facebook Live words or less) for the City Commission to be read during public or listened to by dialing: 1-312-626-6799 and entering meeting comment or during discussion on an agenda item. ID 860 5916 7188#. To view on YouTube: https:// To submit your comment or request the meeting Zoom link to www.youtube.com/@ottawaksgov give a public comment, email publiccomments@ottawaks.gov If you need this information in another format or require a no later than 2:00 pm on February 14, 2024; all emails must reasonable accommodation to attend this meeting, contact the include your name and address. Participants who generate City’s ADA Coordinator at 785-229-3621. Please provide advance unwanted or distracting noises may be muted by the meeting notice of at least two (2) working days. TTY users please call 711. host. If this happens, unmute yourself when you wish to speak. I. CALL TO ORDER II. ROLL CALL ____ Skidmore ____ Graves ____ Caylor ____ Clayton ____ Crowley III. WELCOME IV. PLEDGE OF ALLEGIANCE V. INVOCATION VI. 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 information purposes only. The Governing Body will take comments under advisement. VII. APPOINTMENTS, PROCLAMATIONS, RECOGNITIONS, NOMINATIONS, AND PUBLIC HEARINGS VIII. CONSENT AGENDA A. Minutes From February 7, 2024 Meeting (Pp. 3 - 5) B. Agenda Approval Motion: __________ Second: __________ Vote: __________ IX. DECLARATION At this time, I’d like to give the Commissioners a chance to declare any conflict or communication they’ve had that might influence their ability to consider today’s issues impartially. X. UNFINISHED BUSINESS A. Ordinance Establishing a Permitting Process for Temporary Events Where Alcoholic Beverages will be Sold or Served - City Attorney Finch (Pp. 6 - 10) Comments: Amendment of Section 4.101 of the Municipal Code adding a new Article IX in Chapter 4 titled Common Consumption. The article outlines the requirements for a Common Consumption Area (CCA) downtown. Motion: __________ Second: __________ Vote: __________ 2.14.24 Agenda Pkt Page #1 XI. NEW BUSINESS A. Request for Ottawa Memorial Auditorium to Obtain a Kansas Caterers Liquor License - Auditorium Director Evans (P. 11) Comments: The Ottawa Memorial Auditorium is seeking approval to apply for a license to sell alcoholic beverages during OMA presented shows as well as rental events as an additional revenue stream. Motion: __________ Second: __________ Vote: __________ B. Charter Ordinance Establishing a Transient Guest Tax - City Manager Silcott (Pp. 12 - 15) Comments: The charter ordinance authorizes a transient guest tax not to exceed nine percent (9%) based on gross receipts sleeping accommodations in any hotel, motel, or tourist court. Motion: __________ Second: __________ Vote: __________ C. Property Oriented Service Activities (POSA) Overview - City Manager Silcott (Pp. 16 - 17) Comments: Staff coordinates service efforts of the Police, Public Works, Fire, Utilities and Neighborhood & Community Services for code enforcement in an effort to improve the quality of life in an area experiencing an increase in property crime and deteriorating property conditions. Motion: __________ Second: __________ Vote: __________ XII. COMMENTS BY CITY MANAGER XIII. COMMENTS BY GOVERNING BODY XIV. ANNOUNCEMENTS A. February 21, 2024 City Commission Meeting - 10:00 am, City Hall B. February 28, 2024 City Commission Meeting - 4:00 pm, City Hall C. March 6, 2024 City Commission Meeting - 7:00 pm, City Hall D. March 10 - 13, 2024 National League of Congressional City Conference, Washington D.C. XV. ADJOURN 2.14.24 Agenda Pkt Page #2  Back to Agenda Agenda Item: VIII.A Regular Meeting Minutes City Hall Minutes of February 7, 2024 The Governing Body met at 7:00 p.m. on this date for the Regular City Commission Meeting with the following members present and participating to wit: Mayor Skidmore, Mayor Pro Tem Allen, Commissioner Caylor, Commissioner Clayton and Commissioner Crowley. Mayor Skidmore called the meeting to order. The Mayor welcomed the audience and led the Pledge of Allegiance to the American flag. Mayor Skidmore gave the invocation. Public Comments No public comments were received. Appointments, Proclamations, Recognitions, Nominations and Public Hearings Proclamation—Black History Month Commissioner Caylor read a proclamation recognizing February 2024 as Black History Month. February has been set aside nationally for Black History Month to allow an opportunity for citizens to become aware of the contributions African Americans have made. Richard Jackson accepted the proclamation and thanked the Governing Body for this recognition. Consent Agenda Mayor Pro Tem Allen made a motion, seconded by Commissioner Crowley, to approve this consent agenda to include minutes from the January 31, 2024 Regular Meeting and the Regular Meeting agenda. The motion was considered, and upon being put, all present voted aye. The Mayor declared the consent agenda duly approved. Declaration No declaration was made. Unfinished Business Ordinance Establishing a Permitting Process for Temporary Events Where Alcoholic Beverages will be sold or served The Governing Body heard from City Attorney Blaine Finch, who presented an ordinance establishing a permitting process for temporary events where alcoholic beverages will be sold or served. Mr. Finch provided a comprehensive overview of the proposed ordinance and addressed various inquiries, focusing on the following key points: • Proposed amendment of Section 4.101 of the Municipal Code to introduce a new Article IX within Chapter 4, titled Common Consumption. • The article delineates the requirements for establishing a Common Consumption Area (CCA) in the downtown district. • Under this framework, the City would be responsible for issuing CCA permits. • Businesses interested in participating would need to apply for a permit from the City. 2.14.24 Agenda Pkt Page #3  • The ordinance includes amendments to existing definitions, incorporating the term "Director" and clarifying the definition of "Licensees." • The ordinance aligns with existing regulations governing the times during which alcohol can be sold within the City. • It stipulates that participating businesses must utilize authorized containers during CCA events. • External alcohol consumption and the removal of alcoholic beverages from the designated CCA area are strictly prohibited. • The City Manager or his designated representative would be empowered to approve or restrict events under this ordinance's purview. After discussion, the Governing Body agreed by consensus to place this item on the next Regular meeting agenda for February 14, 2024. New Business Ordinance Amending Section 12-317 of Municipal Code Regarding No Parking Zones The Governing Body heard from Director of Neighborhood Services Lucas Neece, who a proposed ordinance that would amend Section 12-317 of the Municipal Code and included the following: • Wilson Street east of North Davis Ave is a narrow road that is unimproved in front of Pinnacle Component Systems • Not the width necessary to support both on-street parking and the truck traffic generated by businesses in the area • Prohibiting parking on East Wilson Street would help meet the needs of local businesses for better traffic flow as well as help the Street department in their efforts to maintain the gravel road Commission Caylor made a motion, seconded by Commissioner Clayton, 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. 4130-24. Commission Board/Commission Assignments for 2024 The Governing Body discussed the Commission Board and Commission Assignments for 2024. Mayor Skidmore will join the Franklin County Development Council and the Library Board. Mayor Pro Tem Allen will join the Chamber of Commerce Board and continue on the Ottawa Memorial Auditorium Board. Commissioner Crowley will join the Airport Advisory Board. Commissioner Caylor will continue with the Kansas Municipal Energy Agency Board and Neighborhood Revitalization Board. Commissioner Clayton will continue with the Ottawa Main Street Board and Prairie Paws Animal Shelter. City Manager’s Comments City Manager Brian Silcott expressed gratitude to Mrs. Campbell’s high school class for attending the meeting. He announced that the staff would present a proposal to the Governing Body concerning an application for a liquor license for the Ottawa Memorial 2.14.24 Agenda Pkt Page #4  Back to Agenda Auditorium. Additionally, Mr. Silcott raised the topic of investigating a transient guest tax for the City of Ottawa, highlighting that the generated funds would support the enhancement of amenities within the City. Following the discussion, the Governing Body reached a consensus to pursue further exploration of this potential additional revenue stream. Governing Body Comments Commissioner Caylor thanked Richard Jackson for his dedicated service to our community. In addition, Mayor Skidmore announced the introduction of E15 fuel at Love’s Travel Stop in Ottawa. This initiative, part of a national effort, marks Ottawa as one of ten municipalities awarded a grant to offer this alternative fuel option to our community. Announcements A. February 14, 2024 City Commission Meeting - 4:00 pm, City Hall B. February 21, 2024 City Commission Meeting - 10:00 am, City Hall C. February 28, 2024 City Commission Meeting - 4:00 pm, City Hall Adjournment There being no further business to come before the Governing Body, the Mayor declared the meeting duly adjourned at 7:44 p.m. Melissa Reed, City Clerk 2.14.24 Agenda Pkt Page #5  Back to Agenda Agenda Item: X.A ORDINANCE NUMBER _________ AN ORDINANCE ESTABLISHING A PERMITTING PROCESS FOR TEMPORARY EVENTS WHERE ALCOHOLIC BEVERAGES WILL BE SOLD OR SERVED. Section 1. Amendment of Section 4-101. Section 4.101 of The Municipal Code of the City of Ottawa, Kansas is hereby amended to read as follows: 4-101. Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. Accredited School- for the purpose of this chapter accredited school shall be determined by the Kansas State Department of Education. In the City of Ottawa, accredited schools are the following: All school buildings associated with U.S.D. 290 and Sacred Heart Elementary School. B. Alcoholic liquor- means, as defined by the Kansas Liquor Control Act, alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage. C. Case retailer- means a licensee who has a license to sell only at retail cereal malt beverages in original and unbroken case lots or original and unbroken cartons of cans or bottles as originally packaged by the manufacturer but not for consumption on the premises. D. Common Consumption Area or “CCA” means a defined indoor or outdoor area not otherwise subject to a license issued pursuant to the Kansas Liquor Control Act or the Club and Drinking Establishment Act where the possession and consumption of alcoholic liquor or enhanced cereal malt beverage is allowed pursuant to a common consumption area permit issued by the Director. E. Director means the director of the Alcoholic Beverage Control division of the Kansas Department of Revenue. F. Enhanced Cereal Malt Beverage means cereal malt beverage as that term is defined in K.S.A. 41- 2701, and amendments thereto, and such term shall include beer containing not more than 6% alcohol by volume when such beer is sold by a retailer licensed under the Kansas cereal malt beverage act. G. Food service establishment - shall mean a business which possesses a valid Kansas food service establishment license pursuant to K.S.A. 36-502 et seq. and whose owner(s) seeks to use a portion of the City owned sidewalk for dining purposes. H. Highways and parking lots- means and includes streets, alleys and public ways of the City, State and Federal highways within the Corporate Limits of the City, off-street parking facilities of businesses, churches and schools, private parking areas specifically designed for the parking of motor vehicles, public parks, public playgrounds, church playgrounds, school and church driveways, service stations, food and beverage drive-ins, drive-in laundries, and automobile, implement and machinery sales display lots. I. Legal age for consumption of cereal malt beverage or alcoholic liquor- means 21 years of age. J. Licensee- means (1) a “person” as defined in this Code who has a license as required in this Chapter; (2) the owner of a food service establishment that obtains a sidewalk dining license pursuant to Ordinance No. 3281-98, or (3) the holder of a license from the Director or the City of Ottawa to sell alcoholic liquors or cereal malt beverage for consumption on premises. 2.14.24 Agenda Pkt Page #6  K. Minor- means any person who has not attained the age of 21 years of age. L. Motor vehicles- means and includes every vehicle which is self-propelled. M. Person- means any individual, firm, partnership, corporation or association. N. Place of business- means any place at which cereal malt beverages or alcoholic liquor is sold. O. Private club- means and includes every individual or organization currently licensed by the State Director of Alcoholic Beverage Control as a private club, and such term shall also include every place or premises named in such license. P. Retailer- means any person who sells or offers for sale any cereal malt beverage for use or consumption and not for resale in any form. The term includes a licensee who has a license to make retail sales. Q. Sidewalk - shall mean City owned right-of-way or easement that adjoins the property line of the food service establishment. R. Tavern- means a place of business which derives over fifty (50) percent of its gross income from the retail sale of cereal malt beverages which may legally be consumed on the premises. S. Wholesaler or distributor- means individuals, firms, partnerships, corporations and associations which sell or offer for sale any beverage referred to in this Chapter to persons, partnerships, corporations and associations authorized by this Chapter to sell cereal malt beverages at retail and shall also mean any person who shall engage in delivering such beverages to a retailer in the City. Section 2. NEW ARTICLE OF MUNICIPAL CODE. The Municipal Code of the City of Ottawa, Kansas, is hereby amended by adding a new Article IX in Chapter 4 which shall be titled: Common Consumption and which shall contain the following sections of this ordinance. Section 3. COMMON CONSUMPTION AREA. The governing body hereby establishes the following common consumption area (“CCA”): A. Downtown. The area beginning at the northwest corner of the intersection of Fifth and Walnut Streets and then proceeding east along the north side of Fifth Street to the northeast corner of the intersection of Fifth and Hickory Streets, thence north along the east side of Hickory Street to the southwest corner of the property at 301 S. Hickory Street, and thence east to the rear of said property, then north along the east line of said property and then west along the south side of Third Street to the southeast corner of the intersection of Third and Hickory Streets, thence north along the east side of Hickory Street to the southern base of the southern flood levee, thence west along the base of the flood levee to the east side of Main Street, thence North across the east side of the Main Street Bridge, to the northeast corner of the intersection of Main and Tecumseh Streets, thence west along the north side of Tecumseh Street to the western side of the Prairie Spirit Trail, thence south along the west side of the trail to base of the northern flood levee, then along the north line of the base of the levee in a meander to its intersection with Main Street, thence south along the west edge of the Main Street Bridge to the base of the southern flood levee, thence west in a meander along the south line of the base of the southern flood levee to the west side of Prairie Spirit Trail, thence south along the west side of the trail to the intersection with First Street, thence west to the west side of First Street, thence south along the west side of First Street to the northwest corner of the intersection of Fifth and Walnut Streets, which is the place of beginning. 2.14.24 Agenda Pkt Page #7  Back to Agenda B. Public streets or roadways within a CCA may be blocked from motorized traffic during the hours in which alcoholic liquor or enhanced cereal malt beverage is consumed. Any such closure shall be noted in the CCA Permit issued by the city. Section 4. HOURS. Subject to the conditions of a CCA permit issued by the City, the possession and consumption of alcoholic liquor or cereal malt beverage in each CCA shall be allowed only between the hours of 9:00 a.m. and 11:00 p.m. Section 5. STATE AND LOCAL PERMIT REQUIRED. Possession and consumption of alcoholic liquor or enhanced cereal malt beverage is authorized within the CCA provided that a common consumption permit has been issued to the City by the Director in accordance with K.S.A. 41-2659 and the City has granted a CCA permit to use the CCA. CCA permits are for possession and consumption of alcoholic liquor or cereal malt beverage only. Section 6. SALES. Sales of alcoholic liquor or cereal malt beverage for consumption within the CCA are prohibited, except during a CCA event permitted by the City. A. The following may sell alcoholic liquor or cereal malt beverage within the CCA as part of a CCA permitted event. 1. Licensed Premises During CCA Event. Any licensee of a licensed premises located within or immediately adjacent to the CCA may request and receive permission from the Kansas Alcoholic and Beverage Control and the City Manager or designee to participate in the CCA. Proof of approval to participate in the CCA from the Director and City Manager or designee must be provided to the City Clerk to sell alcoholic liquors and cereal malt beverage for consumption in the CCA. 2. Noncontiguous Sales. In addition to their licensed premises, one or more licensees that have requested and received permission to participate in the CCA and received the appropriate state and local permits may offer for sale, sell and serve alcoholic liquor or cereal malt beverage for consumption from one noncontiguous service area within the CCA, as designated and approved by the City Manager or designee. The licensee shall prominently display a copy of its drinking establishment license and permit at its noncontiguous service area. B. No sales of alcoholic liquor or cereal malt beverage may occur on non-licensed premises covered by the CCA permit unless the sales are conducted by: a caterer licensed in accordance with all City requirements for a catered event with approval from the City Manager or designee, a separate temporary or special event permit has been issued for that specific area, or a drinking establishment has been authorized in writing by the City Manager or designee to operate a noncontiguous service area in accordance with K.S.A. 41-2659(e)(2). Section 7. AUTHORIZED CONTAINERS. All alcoholic liquor or cereal malt beverage removed from a premise licensed by the Director and taken into the CCA area shall be served in a container that displays the licensee’s name, logo, or other identifying mark that is unique to the licensee. No alcoholic beverage removed from a licensed premises shall be in a glass container. 2.14.24 Agenda Pkt Page #8 Section 8. PURCHASES OUTSIDE OF A CCA. The possession of alcoholic liquor or cereal malt beverage purchased or obtained outside the boundaries of a CCA shall not be permitted inside the boundaries of a CCA. Section 9. PURCHASES WITHIN A CCA. No container of alcoholic liquor or enhanced cereal malt beverage purchased within a CCA pursuant to a CCA permit shall be removed from the boundaries of a CCA. Section 10. INAPPROPRIATE CONDUCT. Inappropriate conduct shall not be permitted within the boundaries of a CCA. Any person engaging in inappropriate conduct may be subject to removal from the event. Inappropriate conduct includes, but is not limited to: fighting, harassment, destruction of property, littering, or committing any violation of City ordinances or state law. Section 11. COMPLIANCE BY LICENSEES. All licensees approved by the Director to participate in the CCA shall at all times comply with all City ordinances, state, and federal laws regulating the purchase, sale, and consumption of alcoholic liquor and enhanced cereal malt beverage. Section 12. AUTHORIZATION. The Governing Body hereby authorizes the City Manager or designee to take all reasonably necessary actions, including but not limited to the execution of all documents and instruments to obtain a permit from the ABC for the CCA on behalf of the City, and issue any rules and regulations to implement the provisions of this chapter. Section 13. LOCAL PERMIT. The application for a local CCA permit shall be made on the same form and follow the same processes as a City Temporary Event Permit as set forth in Section 4-701, 4-702, and 4-703 of the City of Ottawa Municipal Code. Section 14. AMENDMENT OF CODE SECTION Section 4-504 of the Municipal Code of the City of Ottawa is hereby amended as follows: No person shall drink or consume any alcoholic liquor or cereal malt beverage on City owned public property. However, this prohibition shall not apply to: A. The following city owned facilities when the person who wishes to sell or provide alcoholic liquor has first obtained a permit from the City Clerk: a. the inside of the Municipal Auditorium, located at 3rd and Hickory; b. the inside of the Carnegie Cultural Center, located at 5th and Main; c. the municipal airport facility (building facility only, not t-hangars); d. the municipal facility known as Legacy Square. B. Public sidewalks when licensed and compliant with Chapter 11, Section 11-1106; C. Any specific location for which a local temporary permit or special event retailer’s permit has been issued pursuant to Article VII or Article VIII of the Municipal Code during such specific time period as set forth in the permit. D. Any specific location contained in a common consumption area (“CCA”) as set forth in Chapter 4, Article IX of the Municipal Code. Section 15. PENALTY. If the local CCA permit holder has violated any of the provisions of this article the City Manager or designee, may revoke such local CCA permit, and the individual holding the permit may be charged in Municipal Court with a violation of the alcoholic liquor laws of the City and upon convictions shall be punished by: 2.14.24 Agenda Pkt Page #9 A. A fine of not more than $500.00; or B. Imprisonment in jail for note more than 180 days; or C. Both fine and imprisonment as set forth in subsections (a) and (b) of this section. Section 16. EFFECTIVE DATE This ordinance shall take effect upon publication in the official city newspaper. ADOPTED by the Governing Body of the City of Ottawa on this _____ day of ________________, 2024. ____________________________________ Mike Skidmore, Mayor Attest: _____________________________________ City Clerk 2.14.24 Agenda Pkt Page #10  Back to Agenda Agenda Item: XI.A City of Ottawa City Commission Meeting February 14, 2024 TO: Mayor and City Commission SUBJECT: Request for Ottawa Memorial Auditorium to Obtain Kansas Caterers Liquor License INITIATED BY: Auditorium Director AGENDA: New Business Recommendation: It is recommended the City Commission approve the request to apply for the Kansas Caterers License. Background: Ottawa Memorial Auditorium staff are seeking the opportunity to obtain a Kansas Caterers Liquor License. The auditorium is missing out on a nontraditional revenue source that not only benefits us financially but is an added service we can provide to our renters and patrons. Analysis: The Ottawa Memorial Auditorium is seeking approval to apply for a Kansas Caterers Liquor License for the opportunity to sell alcoholic beverages during OMA presented shows as well as rental events. In the past when we’ve offered bar services for our shows, we have contracted with Prairie Star Catering, The Ottawa Chamber of Commerce, and local civic organizations to provide the service. They obtain the special use permit, sell the alcohol, and benefit from the profit. I propose that the OMA staff and volunteers who will be serving and selling the alcohol complete TIPS training, an online training platform that will provide them with strategies for selling alcohol responsibly while providing the best possible customer experience. On hand product will be kept in the recently remodeled basement storage area. The area is locked with limited access provided by OMA employees only. Financial Considerations: The cost of a two-year license is $1,000, and the fee for TIPS training is $40 per person. The annual liability insurance policy would have an estimated cost of $260. We will be required to pay liquor sales tax, which will be calculated with the assistance of the finance department. I anticipate that we will profit between $500 to $6,000 per event, closing the gap between tickets vs. cost of shows on some events. Legal Considerations: Blaine Finch, City Attorney, stated that he will help with preparing the license application when that time comes and recommended, we make sure we have adequate insurance and properly trained staff/volunteers. Recommendation/Action: It is recommended the City Commission authorize the City Manager or his designee to apply for the license by: • Taking Final Action at the February 14, 2024 meeting • Referring Item XI.A to the Wednesday, February 21, 2024 meeting for continued deliberation and consideration Attachments: N/A 2.14.24 Agenda Pkt Page #11  Back to Agenda Agenda Item: XI.B City of Ottawa City Commission Meeting February 14, 2024 TO: Mayor & City Commission SUBJECT: Charter Ordinance Authorizing Transient Guest Tax INITIATED BY: City Manager AGENDA: New Business Recommendation: Deliberate establishing a transient guest tax (TGT) in an amount not to exceed 9%. Background: During the 1975 legislative session the state legislature adopted K.S.A. 12-1692 et seq. authorizing cities to levying a two percent (2%) transient guest tax. Subsequent amendments to K.S.A. 12-1696 et seq. provisions are not uniformly applicable to all cities. Under Article 12, Section 5 of the Kansas Constitution, cities may exempt themselves from statues that are not uniformly applicable to all cities and substitute provisions in accordance with Home Rule. Franklin County began levying a six percent (6%) transient guest tax on January 1, 2004. Analysis: The charter ordinance authorizes a transient guest tax not to exceed nine percent (9%) based on gross receipts sleeping accommodations in any hotel, motel, or tourist court. The exact percentage to be levied in any amount less than nine percent (9%) will be established by a common or “ordinary” ordinance that is to take effect upon publication in the paper of record. Upon notification to the department of revenue collections would begin on the first day of the following month. Financial Considerations: Franklin County’s six percent transient guest tax generated $277,778.23 ($46,296.37/1% of TGT). The Kansas Department of Revenue reports $296,204.37 for state fiscal year 2023 (July 2022 to July 2023). The City of Ottawa can anticipate a similar revenue stream for each 1% of TGT. Legal Considerations: The ordinance has been prepared and approved as to form by the Law Department. As it is a Charter Ordinance, a 2/3 vote is required for passage and the ordinance will not be effective until 61days following publication. 2.14.24 Agenda Pkt Page #12 Recommendation/Action: It is recommended the City Commission deliberate approval of the charter ordinance establishing a transient guest tax in an amount not to exceed nine percent (9%). Take Final Action at the February 14th Regular Meeting: o “Approve the Charter Ordinance establishing a transient guest tax in an amount not to exceed nine percent (9%). • Refer Item XI.B to the Wednesday, February 21st Regular Meeting for continued deliberation and consideration. Attachments: XI.B Charter Ordinance (2 pp) 2.14.24 Agenda Pkt Page #13  Back to Agenda CHARTER ORDINANCE NO. ___________ A CHARTER ORDINANCE EXEMPTING THE CITY OF OTTAWA, KANSAS, FROM CERTAIN PROVISIONS OF K.S.A. 12-1696 ET SEQ., RELATING TO THE LEVYING OF A TRANSIENT GUEST TAX AND SETTING FORTH SUBSTITUTE AND ADDITIONAL PROVISIONS FOR THE GOVERNANCE OF THE CITY OF OTTAWA, KANSAS. WHEREAS, K.S.A. 12-1696 et seq., authorizes a levy by cities of a transient guest tax, which provisions are not uniformly applicable to all cities; and, WHEREAS, pursuant to Article 12, Section 5 of the Constitution of the State of Kansas, cities may exempt themselves from such provisions and provide substitute and additional provisions therefor; and, WHEREAS, the City of Ottawa, Kansas, wishes to exempt itself from certain provisions within K.S.A. 12-1696 et seq., and to provide substitute and additional provisions of its own. THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OTTAWA, KANSAS: Section 1. Exemption from Non-uniform State Law. The City of Ottawa, Kansas, a municipal corporation and city of the second class, by the power vested in it by Article 12, Section 5 of the Kansas Constitution hereby elects to and does exempt itself and make inapplicable to it the provisions of K.S.A. 12-1697, K.S.A. 12-1698, K.S.A. 12-1699, and K.S.A. 12-16,101, as set forth below, and provide substitute and additional provisions as set forth in this ordinance. The referenced provisions are either enactments or parts thereof which are applicable to this city but are not applicable uniformly to all cities. Section 2. Transient Guest Tax, Substitute Provisions for K.S.A. 12-1697. (a) The Governing Body is hereby authorized to levy a transient guest tax not to exceed the rate of nine percent (9%) upon the gross receipts derived from or paid by transient guests for sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel, motel, or tourist court. The percentage of such tax shall be determined by the City Governing Body and shall be specified by ordinary ordinance authorizing the same. (b) Any transient guest tax levied pursuant to this Section shall be based upon the gross revenue receipts collected by any business. (c) The taxes levied pursuant to this Section shall be paid by the consumer or user to the business and it shall be the duty of each and every business to collect from the consumer or user the full amount of any such tax, or an amount equal as nearly as possible or practicable to the average equivalent thereto. Each business collecting any of the taxes levied hereunder shall be responsible for paying over the same to the State Department of Revenue in the manner prescribed by K.S.A. 12-1698 and the State Department of Revenue shall administer and enforce the collection of such taxes. 2.14.24 Agenda Pkt Page #14  (d) A transient guest tax authorized by this Section shall not be levied until the Governing Body of the City has passed an ordinary ordinance authorizing the same. Section 3. Purpose of Tax. Substitute Provisions for K.S.A. 12-1698(e). Such funds raised by the transient guest tax may be maintained in the general fund of the City and may be used for any lawful, public purpose. Section 4. Location. Inapplicability of K.S.A. 12-1699. Under the powers granted to the City of Ottawa by Article 12, Section 5 of the Constitution of the State of Kansas, the governing body hereby declares the provisions of K.S.A. 12-1699 inapplicable to the City of Ottawa. Section 5. Board. Inapplicability of K.S.A. 12-16,101. Under the powers granted to the City of Ottawa by Article 12, Section 5 of the Constitution of the State of Kansas, the governing body hereby declares the provisions of K.S.A. 12-16,101 inapplicable to the City of Ottawa. Section 6. Publication. This Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper. Section 7. Effective Date. This Charter Ordinance shall take effect 61 days after the final publication unless a sufficient petition for a referendum is filed, requiring a referendum to be held on the ordinance as provided by Article 12, Section 5, Subsection (c)(3) of the Constitution of the State of Kansas, in which case this charter Ordinance shall become effective upon approval by the majority of the electors voting thereon. Passed by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, this _____ day of ______________, 2023. __________________ Mayor Attest: City Clerk [SEAL] 2.14.24 Agenda Pkt Page #15  Back to Agenda Agenda Item: XI.C City of Ottawa City Commission Meeting February 14, 2024 TO: City Commission SUBJECT: Property Oriented Service Activities (POSA) INITIATED BY: City Manager AGENDA: New Business Recommendation: Receive and file a brief report on the POSA program. Background: Departments routinely conduct operations across all areas of the City, especially those identified as Property Oriented Service Activities. POSA is a geographical region that has seen an increase in crime or other public service requirements. Staff coordinates service efforts of the Police, Public Works, Fire, Utilities and Neighborhood & Community Services for code enforcement in an effort to improve the quality of life in an area experiencing an increase in property crime and deteriorating property conditions. Since May of 2023 City Departments have formally responded to eight POSA responses. Analysis: Improving the quality of life and placemaking in neighborhoods experiencing increases in crime and the presence of dilapidated properties requires a multifaceted approach. Each city department contributes unique services to effectively address these challenges. Examples of these activities include: Police Department • Increased Patrols: Assign more officers for regular patrols in targeted areas to deter criminal activity. • Community Policing: Implement community policing strategies that build trust and cooperation between police officers and community members. • Crime Prevention Through Environmental Design (CPTED): Advise on modifications to the physical environment that can reduce crime, such as improved lighting and visibility. Fire Department • Safety Inspections: Conduct regular safety inspections in neighborhoods to identify and mitigate fire hazards in dilapidated properties. • Community Education: Offer fire safety education programs to residents, focusing on prevention techniques and emergency preparedness. Public Works • Infrastructure Improvements: Upgrade signage to meet current reflectivity standards, repair sidewalks, and improve road conditions such as improving the surface, 2.14.24 Agenda Pkt Page #16  improvement stormwater flow, and applying fresh pavement and crosswalk markings to enhance public safety and accessibility. • Clean-Up Initiatives: Organize clean-up initiatives to remove trash and debris from public spaces, contributing to a sense of pride and care in the community. • Green Spaces and Parks: Develop and maintain green spaces, parks, and recreational facilities that serve as community gathering spots and promote healthy lifestyles. • Community Programs: Offer a range of programs and activities that engage residents of all ages, fostering a sense of community and belonging. Utilities • Reliable Services: Ensure consistent and reliable delivery of utility services (water, electricity) to all residents, with a focus on efficiency and sustainability. Installation of additional streetlighting and distribution line tree maintenance. • Energy Efficiency Programs: Offer programs to help residents and businesses reduce energy consumption and lower costs, improving overall livability. Neighborhood & Community Services • Code Enforcement: Vigorously enforce building codes and ordinances to address dilapidated properties and ensure compliance with property maintenance standards. • Community Engagement: Facilitate community meetings and workshops to gather input and foster collaboration on neighborhood improvement projects. • Affordable Housing Initiatives: Support the development of affordable housing to revitalize neighborhoods and provide quality living conditions for all residents. • Strategic Development: Guide the development and use of land to promote safe and sustainable neighborhoods. • Zoning Adjustments: Review and adjust zoning regulations to encourage the rehabilitation of properties and support community revitalization efforts. • Business Incentives: Provide incentives for businesses to invest in and revitalize distressed areas, creating jobs and stimulating economic growth. • Partnerships & Civic/Social Capital: Facilitate municipal and community resources paring those in need with social and civic organizations for volunteer programs that encourage community members to participate in neighborhood improvement efforts, leveraging local talents and resources. • Public-Private Partnerships: Foster partnerships with private entities to develop community spaces, parks, and recreational facilities that enhance quality of life. Financial Considerations: There are no additional resources dedicated to this program. Legal Considerations: Civil and Property Rights is always at the forefront when considering a response to incidents and situations. Recommendation/Action: It is recommended the City Commission receive and file this report. Attachments: None. 2.14.24 Agenda Pkt Page #17