City Commission

Back to Agenda OTTAWA CITY COMMISSION REGULAR MEETING AGENDA Wednesday, December 4, 2024 - 7:00 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 979 6273 3505#. 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 December 4, 2024; all emails must in reasonable accommodation to attend this meeting, contact the your name and address. Participants who generate unwanted City’s ADA Coordinator at 785-229-3621. Please provide advance or distracting noises may be muted by the meeting host. If this notice of at least two (2) working days. TTY users please call 711. happens, unmute yourself when you wish to speak. I. CALL TO ORDER II. ROLL CALL ____ Skidmore ____ Allen ____ Caylor ____ Clayton ____ Crowley III. WELCOME IV. PLEDGE OF ALLEGIANCE V. INVOCATION - Reverend Bob Colerick, First Christian Church 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 the November 20, 2024 City Commission Meeting (Pp. 3 - 7) B. Minutes from the January 4, 2024 Board of Zoning Appeals Meeting (Pp. 8 - 9) C. 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 Regulating Camping and Storage of Personal Property in Public Space and Right of Way - City Manager Silcott (Pp. 10 - 16) Comments: City Manager Silcott will present an ordinance addressing camping within public rights-of- way. Motion: __________ Second: __________ Vote: __________ B. Ordinance Adopting International Existing Building Code - Director Neece (Pp. 17 - 29) Comments: This ordinance formally adopts the International Existing Building Code, which would facili- tate the renovation and rehabilitation of existing buildings. Motion: __________ Second: __________ Vote: __________ 12.04.24 Agenda Pkt Page #1  Back to Agenda XI. NEW BUSINESS A. Distribution of Donation to Mayor’s Christmas Tree Fund - City Manager Silcott (P. 30) Comments: A generous donation of $2,000 was received from Cosentino’s Price Chopper as a pass through donation to assist those in need in Ottawa. Motion: __________ Second: __________ Vote: __________ B. Resolution Supporting Waiver of Statutory Requirement to Use Generally Accepted Accounting Principles (GAAP) Based Accounting for 2025 Financial Reporting - Assistant Finance Director McCurdy (Pp. 31-33) Comments: Preparing non-GAAP financial reporting allows a common reader to better understand the city’s financial position from a budgetary and cash-basis reporting perspective. Continuing the city’s current basis of reporting will ensure continuity of financial reporting. Motion: __________ Second: __________ Vote: __________ XII. COMMENTS BY CITY MANAGER XIII. COMMENTS BY GOVERNING BODY XIV. ANNOUNCEMENTS A. December 11, 2024 City Commission Meeting - 4:00 pm, City Hall B. December 18, 2024 City Commission Meeting - 10:00 am, City Hall C. December 25, 2024 City Commission Meeting - 4:00 pm, City Hall (Cancelled) XV. ADJOURN 12.04.24 Agenda Pkt Page #2  Back to Agenda Regular Meeting Minutes City Hall Minutes of November 20, 2024 The Governing Body met at 10:00 am 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. Mayor Skidmore welcomed the audience and led the Pledge of Allegiance to the American flag. Pastor Dakota Smith from Ottawa Bible Church gave the invocation. Public Comments Public comments were received during the items below. Appointments, Proclamations, Recognitions, Nominations and Public Hearings 2024 Employee Service Awards The League of Kansas Municipalities recognizes ’faithful, continuous service” to Kansas communities yearly. This year, the City of Ottawa is proud to recognize 14 employees with a combined total of 165 years of service to Kansas communities. Mayor Skidmore and City Manager Brian Silcott acknowledged the following employees for their years of service: 10 Years 20 Years 25 Years Dane Byerley, Fire Stuart Wolzen, Fire Ed Thompson, Electric Distribution Michael Dunlap, Police Aaron Hedrick, Fire Eric Heiserman, Electric Distribution Mark Higgs, Water Treatment Josh Hinderliter, Streets Ben Jones, Fire Jessica Luft, Municipal Court Greg Morrow, Parks Ryan Murphy, Police Clint Spears, Fire Taylor Zimmerman, Fire Consent Agenda Commissioner Crowley moved to approve the consent agenda, seconded by Commissioner Clayton. The agenda included the minutes from the November 13, 2024 Regular Meeting, the minutes from the September 26, 2024 Planning Commission Meeting, the October 2024 Financial Report and the Regular Meeting agenda. The motion was put to a vote, and all present voted in favor. The Mayor declared the consent agenda duly approved. Declaration No declarations were made. Unfinished Business Request for Approval of Ordinance Allowing the Licensing and Regulation of Massage November 20, 2024 Unofficial Until Approved 1 12.04.24 Agenda Pkt Page #3  Back to Agenda City of Ottawa Regular Meeting Minutes November 20, 2024 Page 2 Establishment and Massage Therapists City Attorney Finch presented a revised ordinance to regulate massage therapy establishments and therapists in the City of Ottawa. This ordinance, developed with input from stakeholders and informed by best practices from other Kansas municipalities, establishes a comprehensive regulatory framework to promote public safety, ensure compliance with health and safety standards, and support legitimate massage therapy practices. The proposed regulations include mandatory licensing for establishments and therapists, background checks, proof of education, and adherence to health and hygiene standards. Additionally, the ordinance incorporates updates to address public and industry feedback, balancing safety measures with reduced regulatory burdens. Key updates in the ordinance include extending license durations from one year to two years and adjusting the corresponding fees to $200 for establishments and $50 for therapists, reducing administrative workloads for both businesses and the City. Continuing education requirements have been reduced from 12 hours annually to 10 hours every two years, with the added flexibility of counting CPR and first aid certification hours toward compliance. Operational adjustments include removing locker room requirements for employees, clarifying guidelines for in-office massage services to accommodate workforce needs, and permitting minors aged 14 and older to receive massage services with written parental consent. Self-employed therapists operating as sole practitioners will only need to pay for the establishment license, alleviating financial strain. These updates reflect the City’s responsiveness to community input and its commitment to fostering a safe, professional, and transparent massage therapy industry. Public comment was received by Robert Bowers, 4392 Louisana Road, in opposition to licensing and regulating massage establishments and massage therapists. Commissioner Caylor made a motion, seconded by Mayor Pro Tem Allen, 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. 4150-24. Request for Approval of Resolution Setting A License Fee for Massage Establishments and Massage Therapists City Attorney Finch presented a resolution proposing fees for the licensing of massage establishments and therapists, aimed at covering administrative and regulatory costs. The fee structure includes $200 for establishment licenses and $50 for individual therapist licenses, each valid for two years, with renewals occurring on a bi-annual basis. Commissioner Clayton made a motion, seconded by Commissioner Crowley, to adopt this resolution. The motion was considered, and upon being put, all present voted aye. The Mayor declared this resolution duly adopted, and this resolution was duly numbered Resolution No. 1968-24. KDOT Urban Area Boundary Resolution Director Neece presented the resolution to establish urban area boundary lines as identified by the Kansas Department of Transportation (KDOT). This administrative action, following the decennial Census, aligns Ottawa’s boundaries with KDOT’s Urban Area Boundary Map, November 20, 2024 Unofficial Until Approved 2 12.04.24 Agenda Pkt Page #4  Back to Agenda City of Ottawa Regular Meeting Minutes November 20, 2024 Page 3 supporting eligibility for certain federal and state funding opportunities. Mayor Pro Tem Allen made a motion, seconded by Commissioner Clayton, to adopt this resolution. The motion was considered, and upon being put, all present voted aye. The Mayor declared this resolution duly adopted, and this resolution was duly numbered Resolution No. 1969-24. KDOT Urban Functional Classification System Resolution Director Neece presented the resolution to approve the Urban Functional Classification System as identified by the Kansas Department of Transportation (KDOT). This system, updated following the 2020 Census, classifies streets within Ottawa’s urban boundary to prioritize infrastructure planning, maintenance, and eligibility for federal funding. Commissioner Crowley made a motion, seconded by Commissioner Clayton, to adopt this resolution. The motion was considered, and upon being put, all present voted aye. The Mayor declared this resolution duly adopted, and this resolution was duly numbered Resolution No. 1970-24. New Business Review of Monthly Reports for October 2024: The Governing Body reviewed the October 2024 Monthly Reports with community support organizations. Ordinance Approving International Existing Building Code Director Neece presented an ordinance to adopt the 2018 International Existing Building Code (IEBC) into the City Code, marking an important step in Ottawa’s commitment to modern safety and sustainability standards. The adoption of the IEBC, without amendments, promotes safe and sustainable practices specifically tailored for the renovation and adaptive reuse of existing buildings. This code is expected to facilitate compliance with contemporary safety standards while addressing the unique challenges posed by Ottawa’s older infrastructure. The ordinance defines Ottawa’s approach to applying the IEBC, which provides flexible guidelines to support innovation in design and construction practices. Notably, the code includes provisions for improving the safety of existing structures while recognizing and preserving their historical and cultural value. By adopting the IEBC, Ottawa aims to streamline regulatory processes, reducing time and costs associated with renovations. This approach not only enhances property values in older neighborhoods but also attracts businesses and residents, fostering economic growth and stability within the community. The ordinance repeals outdated references to Chapter 34 of the International Building Code, which previously addressed existing building standards before the IEBC was established as a separate code. The ordinance also appoints the Chief Building Official, designated by the City Manager, as the enforcement authority for the IEBC. The Governing Body agreed by consensus to place this item for further discussion at the December 4, 2024 Regular Meeting. November 20, 2024 Unofficial Until Approved 3 12.04.24 Agenda Pkt Page #5  Back to Agenda City of Ottawa Regular Meeting Minutes November 20, 2024 Page 4 Ordinance Regulating Camping and Storage of Personal Property in Public Space and Right of Way City Manager Silcott presented an ordinance aimed at regulating camping and the storage of personal property in public spaces and rights-of-way within the City of Ottawa. This ordinance is designed to protect public infrastructure, maintain community aesthetics, and support economic development by ensuring public spaces remain accessible and safe for all residents and visitors. The ordinance prohibits camping in designated public areas such as parks, public infrastructure, and within commercial and industrial zones. Additionally, it restricts the storage of personal property in these areas, allowing city officials to issue 24-hour pre-removal notices. If property remains after this notice, it may be impounded by the city. For items posing immediate health or safety risks, such as hazardous waste or contraband, immediate removal without notice is permitted. To reclaim impounded property, individuals must provide proof of ownership and pay a fee, which scales with repeated violations within three years ($25 for the first violation, $50 for the second, and $100 for subsequent violations). The ordinance also includes provisions for record- keeping, and fee schedules, and outlines procedures for both pre-and post-removal notices. Public comment was received by Julie Riggins, 1171 Rock Creek Road, in opposition to the proposed ordinance and recommended collaborating to work on improvements. Public comment was received by Brett Staneslow, 218 S. Maple, in opposition to the proposed ordinance and recommended collaborating to work on improvements. The City Commission reviewed the ordinance and provided comments. The second presentation of this ordinance is scheduled for the December 4, 2024, City Commission meeting. Migration to Tyler Technologies EPR Pro 10 and Municipal Justice Suite 10 Finance Director Landis presented the proposal for migrating the City’s current ERP and Municipal Justice software, which has been in use for over twelve years, to Tyler Technologies’ ERP Pro 10 and Municipal Justice 10 Suite. This migration aims to improve operational efficiency, reporting, and user experience by integrating Financial Management, Municipal Justice, and EnerGov platforms. The migration process includes a Current Future State Analysis (CFSA), which will review and optimize current business processes. It is anticipated that this review will highlight the need for an updated chart of accounts and other processing changes to streamline daily operations. The Municipal Justice Suite will also transition from an on-premise server, which has exceeded its useful life, to a cloud-based server, aligning it with other cloud-based systems used by the City. The financial breakdown for the project is as follows: • CFSA (Business Process Review): $8,370 • Municipal Justice 10 Migration: $16,440 • ERP Pro 10 Financial Management: $57,480 • Funds for this project are included in the 2024 and 2025 budgets, with resources allocated November 20, 2024 Unofficial Until Approved 4 12.04.24 Agenda Pkt Page #6  Back to Agenda City of Ottawa Regular Meeting Minutes November 20, 2024 Page 5 from the Equipment Reserve Fund, which has a balance of $944,295. Commissioner Clayton made a motion, seconded by Commissioner Caylor, to authorize staff to proceed with the migration to Tyler Technologies ERP Pro 10 and Municipal Justice 10 Suite. The motion was considered, and upon being put, all present voted aye. The Mayor declared the action duly approved. Project Updates The Governing Body heard from City Manager Brian Silcott, who provided an update on current projects. Governing Body Comments Commissioner Clayton wished Director Landis a Happy Birthday, encouraged participation in Shop Small Saturday, and highlighted the upcoming Mayor Christmas Tree lighting ceremony. Commissioner Caylor also wished Director Landis a Happy Birthday, recognized November as a month of gratitude and expressed appreciation for Ed Thompson, Stuart Wolzen, and all city employees for their years of service to Ottawa. Commissioner Crowley extended thanks to city employees for their hard work and presence in the community, describing their contributions as vital to the city's success. Mayor Pro Tem Allen echoed these sentiments, expressing gratitude to city employees and highlighting a community Thanksgiving meal at Westminster Presbyterian Church. Mayor Skidmore extended warm Thanksgiving wishes to the community, expressing pride and appreciation for the people and the place they call home. Announcements A. November 27, 2024 City Commission Meeting – 4:00 pm, City Hall (Cancelled) B. November 28-29 2024 Thanksgiving Holiday (City Hall Closed) C. December 4, 2024 City Commission Meeting – 7:00 pm, City Hall Adjournment There was no further business before the Governing Body, the Mayor declared the meeting duly adjourned at 12:04 pm. Melissa Reed, City Clerk November 20, 2024 Unofficial Until Approved 5 12.04.24 Agenda Pkt Page #7  Back to Agenda Board of Zoning Appeals Meeting Minutes Ottawa, Kansas Minutes of January 4, 2024 C-Harris called the meeting to order. The Board of Zoning Appeals met at 5:00 p.m. on this date with the following members present and participating: VC- Paddock, Chair Harris, member Walburn, member Crowley, and member Griffith. Community Development staff Director Lucas Neece, Zack Martin and Ashley Hird were present. Public Comments: None received. Declaration: None. Consent Agenda: A motion to approve October 10, 2023, meeting minutes was made by Member Walburn followed by a second by Vice Chair Paddock. All present voted aye. Public Hearing for the application of variance to Article 6, Section 602 (yard regulations) to reduce the required 6’ side yard setback to 0’ to allow for an already constructed structure currently built over the property line at 902 N Davis Ave. Mr. Martin presented the staff findings for the setback variance at 902 N Davis Ave. No public comments were received. Member Walburn made a motion to accept the findings as presented followed by a second by Vice Chair Paddock. All present voted aye. Member Crowley made a motion to approve the variance to Article 6, Section 602 at 902 N Davis Ave followed by a second by member Walburn. All present voted aye. Public Hearing for the application of variance to Article 6, Section 602 (yard regulations) to reduce the required 20’ rear yard setback to 14’ at the closest point to the property line at 414 S. Poplar St. Mr. Martin presented the setback for the setback variance at 414 S. Poplar St. No public comments were received. Member Crowley made a motion to accept the findings as presented followed by a second by member Griffith. All present voted aye. Vice Chair Paddock made a motion to approve the variance to Article 6, Section 602 at 902 N Davis Ave followed by a second by member Walburn. All present voted aye. Old Business: 12.04.24 Agenda Pkt Page #8  Back to Agenda New Business: Adjournment: Member Crowley made a motion to adjourn the meeting followed by a second by Member Griffith. All present voted aye. Respectfully submitted, Ashley Hird Planning Assistant 12.04.24 Agenda Pkt Page #9  Back to Agenda Agenda Item: X.A City of Ottawa City Commission Meeting December 4, 2024 TO: City Commission SUBJECT: Ordinance Regulating Camping and Storage of Personal Property in Public Space and Right-of-Way PREPARED BY: City Manager AGENDA: Unfinished Business Recommendation: Review and comment the attached ordinance on restricting camping in the public right-of-way and direct staff accordingly. Background: This is the second of at least two presentations for the proposed ordinance with a first presentation occurring at the Wednesday, November 20, 2024, 4:00 PM City Commission meeting. Stakeholder comments were requested by the City Commission for inclusion with this report. Analysis: The ordinance regulates camping and the storage of personal property within the public right-of-way to protect public infrastructure and support economic development. It prohibits camping in public infrastructure, parks, public right-of-way, and within 10 feet of a dangerous and unsafe structure. Storing personal property in these areas is prohibited unless removed within 24 hours of receiving notice. Enforcement includes issuing pre-removal notices specifying removal details and post-removal notices outlining retrieval procedures. Immediate removal without notice is allowed for items posing health or safety risks, such as contraband or evidence of a crime. Impounded property is stored for 90 days, after which unclaimed items may be discarded. Owners can reclaim property by proving ownership and paying a fee, $25 first violation, $50 second violation, and $100 for all subsequent violations during a three-year period. The ordinance also includes provisions for record-keeping, fee schedules, and a severability clause to ensure enforceability. Addressing camping-related concerns aims to preserve public spaces and support economic and community well-being. Financial Considerations: There is a small publication fee associated with the adoption of this ordinance. Legal Considerations: The City Attorney drafted this ordinance. Approve as to form. The ordinance becomes effective upon publication in the paper of record. Recommendation/Action: Review and comment the attached ordinance on restricting camping in the public right-of-way and direct staff accordingly for consideration at a future meeting, currently planned for the December 4, 2024, 7:00 PM regular City Commission meeting. Attachments: X.A.1 Ordinance (6 pp); X.A.2 Stakeholder Comments (Pending) 12.04.24 Agenda Pkt Page #10  Back to Agenda X.A.1 ORDINANCE NO. _____________ AN ORDINANCE CONCERNING CAMPING WITHIN THE CITY LIMITS OF OTTAWA, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OTTAWA, KANSAS: Section 1. Purpose. Camping on or under public infrastructure such as bus shelters, trails, public parks, bathrooms, bridges, overpasses and flood control works endangers such infrastructure because of fires, obstructions and the accumulation of personal property. Camping in areas that include retail businesses, restaurants, hotels, private residences and event spaces developed to attract residents and tourists adversely affects such areas and impedes economic development. Accordingly, the purpose of this chapter is to protect public infrastructure and designated areas by regulating camping and the storage of personal property. Section 2. Definitions. Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this section. “Camp” means to use property for living accommodation purposes, such as sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping); or storing personal property (including, but not limited to, clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material); or making any fire, regularly cooking meals, using any tents, or living in a parked vehicle. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person(s) is using such property as a living accommodation. “Flood control works” means the system comprised of levees, flood walls, relief wells, closure structures, pump stations and ponding areas that serve to protect the City from flooding. “Personal property” means any and all tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, personal items 1 12.04.24 Agenda Pkt Page #11  Back to Agenda X.A.1 such as luggage, backpacks, clothing, documents and medication, and household items. “Public infrastructure” means bus shelters, bridges, overpasses and flood control works. “Public parks” means any named public park in the city limits of the City of Ottawa, Kansas. “Store, stored or storing” means to put aside or accumulate for use when needed, to keep for safekeeping, and/or to place or leave in a location. “Tent” includes any tarp, cover, structure or shelter, made of any material that is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarp, cover, structure or shelter. Section 3. Unlawful camping. It is unlawful and a public nuisance for any person to camp in the following areas: (a) Public infrastructure; (b) Public parks; (c) Within ten (10) feet of any doorway, loading dock, stairway, fire escape or public restroom; (d) Any property zoned commercial or industrial; (e) Any property zoned residential that contains a structure that has been declared a nuisance, been condemned, lacks a certificate of occupancy; or is without current operable utility service whether water, sewer, electric or gas; or (f) Any vacant lot. Section 4. Storage of personal property. (a) It shall be unlawful to fail to remove stored personal property under this ordinance within 24 hours of receiving written notice pursuant to this section. (b) All stored personal property in an area covered by this chapter may be impounded by the city in accordance with this section. 2 12.04.24 Agenda Pkt Page #12  Back to Agenda X.A.1 (c) Personal property placed in an area covered by this chapter shall be deemed to be stored personal property if it has not been removed within 24 hours of service of written notice, requiring such removal. Moving personal property to another area covered by this chapter or returning personal property to the same area on a daily or regular basis shall not be considered to be removing the personal property. A law enforcement officer may remove and impound such stored personal property after providing 24 hours’ written notice. (d) Personal property placed in an area covered by this chapter that has a clearly posted closure time may be removed and impounded after the closure time, without prior notice. Post- removal notice shall be provided as set forth below. (e) In the event personal property placed in an area covered by this chapter poses an immediate threat to the health or safety of the public, it may be removed without prior notice and discarded. For purposes of this Section, “immediate threat” shall include, but is not necessarily limited to, personal property that has been tainted with blood or other bodily fluids, feces, urine, bed bug, fleas or other pests, and trash. (f) Evidence of a crime or contraband may be removed from any area covered by this chapter without prior notice. Section 5. Notice. (a) Pre-removal notice. The written notice required by this ordinance shall be deemed to have been served if a written notice is served on the person storing the personal property or is posted conspicuously on or near the personal property. The written notice shall contain the following: (1) A general description of the personal property to be removed. (2) The location from which the personal property will be removed. (3) The date and time the notice was posted. (4) A statement that the personal property will be impounded if not removed 3 12.04.24 Agenda Pkt Page #13  Back to Agenda X.A.1 within 24 hours. (5) A statement that moving stored personal property to another area covered by this chapter shall not be considered to be removing personal property. (6) The location where the removed personal property will be stored, including a telephone number and the internet website of the city through which a person may receive information as to impounded personal property. (7) A statement that impounded personal property may be discarded or otherwise disposed of if not claimed within 90 days after impoundment. (b) Post-removal notice. Upon removal of stored personal property, written notice shall be conspicuously placed in the area from which the personal property was removed. The written notice shall contain the following: (1) A general description of the personal property removed. (2) The date and approximate time the personal property was removed. (3) A statement that the personal property was stored in violation of this ordinance. (4) The location where the removed personal property will be located, including a telephone number and internet website of the city through which a person may receive information as to impounded personal property. (5) A statement that impounded personal property may be discarded or otherwise disposed of if not claimed within 90 days after impoundment. Section 6. Storage and disposal. (a) Except as specified herein, impounded personal property shall be moved to a place of storage. (b) Except as specified herein, impounded personal property shall be stored by the city 4 12.04.24 Agenda Pkt Page #14  Back to Agenda X.A.1 for 90 days after which time, if not claimed, it may be discarded or otherwise disposed of. The city shall not be required to undertake any search for, or return, any impounded personal property stored for longer than 90 days. (c) The city shall maintain a record of the date any impounded personal property was received and discarded or disposed of. (d) The owner or any other person entitled to the impounded personal property may repossess the personal property prior to its disposal upon submitting satisfactory proof of ownership and paying the applicable redemption fee. A person may establish proof of ownership by, among other methods, describing the location and date when the personal property was impounded and providing a reasonably specific and detailed description of the personal property. Section 7. Redemption Fee. The Judge of the Municipal Court shall set a schedule of fees for the redemption of property under this ordinance. In no event shall the fee exceed $499.00. The redemption fee must be paid prior to the redemption of any impounded property. Section 8. Effective Date. This ordinance shall take effect and be in force from and after its passage, approval and publication in the official City newspaper. Section 9. Supremacy. This ordinance shall supersede all ordinances, resolutions or rules, or portions thereof, which are in conflict with the provisions of this ordinance. Section 10. Severability. Should any section, clause or phrase of this ordinance be declared invalid by a court of competent jurisdiction, the same shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so declared to be invalid. PASSED AND APPROVED by the Governing Body on ____________________. CITY OF OTTAWA, KANSAS __________________________________ Michael Skidmore, Mayor ATTEST: 5 12.04.24 Agenda Pkt Page #15  Back to Agenda X.A.1 ________________________________ Melissa Reed, City Clerk 6 12.04.24 Agenda Pkt Page #16  Back to Agenda Agenda Item: X.B City of Ottawa City Commission Meeting December 4, 2024 TO: Mayor and City Commission SUBJECT: Adoption of the 2018 IEBC into the City Code by ordinance INITIATED BY: Director of Neighborhood and Community Services AGENDA: New Business Recommendation: Consider the proposed adoption of the 2018 International Existing Building Code (IEBC) by ordinance (X.B.1). Background: Through 2012, the IEBC was contained within Chapter 34 of the International Building Code (IBC). Starting in the 2015 code cycle, the IEBC was moved outside the IBC. After review by the City Attorney, it has been determined that the vestigial references to Chapter 34 in our current code do not constitute adoption of the IEBC. Preparation for this presentation included sending out notice of the intended adoption of the IEBC, together with several amendments (X.B.2). A meeting of the Construction Board of Appeals was held on November 12th. The amendments were intended, first, to exempt the installation of siding from permit, and secondly, to provide for the requirement of sprinklers in residential units in mixed-use buildings. The Ordinance was presented to the City Commission for consideration at the November 20th, 2024 City Commission meeting. Based on feedback received in writing (X.B.3) and at the Construction Board of Appeals meeting (X.B.4) and discussions between staff and GBA, the ordinance before you includes no substantive amendments to the IEBC. Analysis: The International Existing Building Code (IEBC) serves as a critical framework for the renovation and adaptive reuse of existing structures, promoting safety, sustainability, and community resilience. By providing clear guidelines tailored for older buildings, the IEBC encourages compliance with modern safety standards while recognizing the unique challenges posed by existing infrastructure. This balance not only enhances the safety of occupants but also facilitates the preservation of historical and cultural assets within communities. Moreover, the code’s flexible approach allows for innovation in design and construction practices, fostering a more dynamic architectural landscape. Adopting the IEBC can also have significant economic benefits. It streamlines the regulatory process, reducing the time and costs associated with building renovations. The IEBC can enhance 12.04.24 Agenda Pkt Page #17  Back to Agenda property values by revitalizing older neighborhoods, attracting businesses and residents alike, ultimately leading to economic growth and stability. In this way, the IEBC not only supports safe and sustainable building practices but can also strengthen the fabric of our community. The attached Ordinance (X.B.1) Adopts the 2018 IEBC in section 1; in Section 2 it identifies the IEBC as the Existing Building Code of the City of Ottawa and identifies the code official as a position appointed by the City Manager. In section 3, it repeals language that accompanies the International Building Code in Chapter VI Article II that references the Chapter 34 which had contained the existing building code through the 2012 cycle. Section 4 is a statement of the effective date, which is upon publication of the ordinance in the official city newspaper. While staff is recommending an adoption of the IEBC without substantive amendment, this in no way prevents the City Commission from making any amendments they may consider prudent or necessary in the future. Financial Considerations: There is no anticipated cost to the City for this application. Staff does note the associated cost of publishing notice for the item. Legal Considerations: Approved as to form by City Attorney. Recommendation/Action: It is recommended the City Commission deliberate approval of the proposed ordinance and adopt the 2018 IEBC: - Take action at the December 4, 2024, Regular Meeting: “Recommend adopting the ordinance amending chapter VI of the municipal code of the City of Ottawa, Kansas, and adopting by reference the IEBC, 2018 edition, under the authority of 12-3010 and providing for deletions, amendments, and corrections to said IEBC, 2018 Edition, and amending Chapter VI Article II.” - Recommend the item be moved to a future City Commission hearing for further discussion and consideration. Alternative Actions: - Decline the adoption of the 2018 IEBC. - Direct staff to amend the ordinance to incorporate or exclude amendments and exclusions desired for future discussion and consideration. Attachments: X.B.1 Ordinance X.B.2 Considered Amendments X.B.3 Written Comments Received X.B.4 Minutes of the November 12th Construction Board of Appeals Meeting 12.04.24 Agenda Pkt Page #18  Back to Agenda ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6 OF THE MUNICIPAL CODE OF THE CITY OF OTTAWA, KANSAS, AND ADOPTING BY REFERENCE THE INTERNATIONAL EXISTING BUILDING CODE, 2018 EDITION, UNDER THE AUTHORITY OF K.S.A. 12- 3010 AND PROVIDING FOR DELETIONS, AMENDMENTS AND CORRECTIONS TO SAID INTERNATIONAL EXISTING BUILDING CODE, 2018 EDITION, AND AMENDING CHAPTER 6 ARTICLE II. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OTTAWA, KANSAS: Section 1. NEW ARTICLE OF MUNICIPAL CODE. The Municipal Code of the City of Ottawa, Kansas, is hereby amended by adding a new ARTICLE XVII in CHAPTER VI which shall be titled: International Existing Building Code and which shall contain the following sections of this ordinance. Article XVII. International Existing Building Code 6-1701 International Existing Building Code - Adopted. The International Existing Building Code, 2018 Edition, published by the International Code Council, Inc., is hereby incorporated by reference and made a part hereof as if fully set out herein save and except certain parts, sections or portions thereof specifically referred to and omitted there from or as amended or modified herein. The "Standard Code" or "Building Code" hereinafter referred to in this section is the "International Existing Building Code, 2018 Edition", of the International Code Council Inc., 500 New Jersey Avenue NW 6th Floor Washington DC 20001, and is hereby incorporated by reference as the Existing Building Code of the City of Ottawa, Kansas. 6-1702 Amendments and supplements: The following are the revisions to the International Existing Building Code adopted in Section 6- 1701 of the Municipal Code. 101.1 Title. These regulations shall be known as the International Existing Building Code of the City of Ottawa hereinafter referred to as "this code." Section 103 Department of Neighborhood and Community Services. 103.1 Creation of enforcement agency. The official in charge of enforcement of this code shall be known as the Chief Building Official. 103.2 Appointment. The Chief Building Official shall be appointed by the City Manager. Section 112 Board of Appeals. Delete this section in its entirety 12.04.24 Agenda Pkt Page #19  Back to Agenda Section 2. Amendment of Section 6-210 of the Municipal Code of the City of Ottawa to remove prior reference to Sections 3401.3 and 3412.2 of the International Building Code. Section 6-210 of the Municipal Code of the City of Ottawa is hereby amended as follows: The following are the revisions to the International Building Code adopted in Section 6-202 of the Municipal Code. Section 101.1 Title. These regulations shall be known as the International Building Code of the City of Ottawa, hereinafter referred to as “this code.” Section 101.4.3 Plumbing. The provisions of the International Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage systems and all aspects of a medical gas systems. The provisions of the City of Ottawa's Private Sewage Disposal Code Article VII shall apply to private sewage disposal systems. Section 103 Community Development Department. Section 103.1 Creation of enforcement agency. The official in charge of enforcement of this code shall be known as the Chief Building Official. Section 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11mm2). Delete this exemption. 2. Fences not over 7 feet (2134 mm) high. Delete this exemption. 3. Oil derricks. Delete this exemption. 4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. 5. Water tanks supported directly upon grade if the capacity is not greater than 5,000 gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2;1. 6. Sidewalks and driveways, (wholly constructed on private property), not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 12.04.24 Agenda Pkt Page #20  Back to Agenda 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L) and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. Delete this exemption. 11. Swings and any other playground equipment. 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. 14. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4. Delete this exemption. 15. Any building or structure used exclusively as an agricultural building within the City limits of Ottawa shall meet provisions of the 2018 International Building Code and other applicable codes as adopted and require permits. Add this item to work exempt from permit. 16. Fences used exclusively for an agricultural use including the use of barbwire. Add this item to work exempt from permit. Section 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the Community Development Department for that purpose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 107. 5. State the valuation of the proposed work. 6. Be signed by the owner or the owner’s authorized agent. 7. Give such other data and information as required by the Chief Building Official. Section 113 Means of Appeal. Delete this section in its entirety. Chapter 11 – Accessibility – Add the following: 12.04.24 Agenda Pkt Page #21  Back to Agenda Accessibility shall be based on the 2010 ADA Standards issued by the US Department of Justice, also regulated by IBC and reference standards. Appendix A, Employee Qualifications. Delete this appendix in its entirety. Appendix B, Board of Appeals. Delete this appendix in its entirety. Appendix D, Fire Districts. Delete this appendix in its entirety. Appendix M, Tsunami-Generated Flood Hazard. Delete this appendix in its entirety. Section 3: All prior ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: EFFECTIVE DATE; PUBLICATION. This ordinance shall take effect upon publication of the ordinance in the official city newspaper. PASSED AND ADOPTED by the Governing Body of the City of Ottawa, Kansas, this day of __________________ 2024. Michael Skidmore, Mayor Attest: Melissa Reed, City Clerk 12.04.24 Agenda Pkt Page #22  Back to Agenda The below substantive amendments were proposed for consideration by the Construction Board of Appeals: 105.2 Work exempt from permit: Building: 7. Installation of exterior siding on buildings not included in the historical district. Add this exemption. Section 803.2.2 Groups A, B, E, F-1, H, I, M, R-1, R-2, R-4, S-1 and S-2 In buildings with occupancies in Groups A, B, E, F-1, H, I, M, R-1, R-2, R-4, S-1 and S-2, work areas that have exits or corridors shared by more than one tenant or that have exits or corridors serving an occupant load greater than 30 shall be provided with automatic sprinkler protection where both of the following conditions occur: 1. The work area is required to be provided with automatic sprinkler protection in accordance with the International Building Code as applicable to new construction. 2. The work area exceeds 50 percent of the floor area. Exception: If the building does not have sufficient municipal water supply for design of a fire sprinkler system available to the floor without installation of a new fire pump, work areas shall be protected by an automatic smoke detection system throughout all occupiable spaces other than sleeping units or individual dwelling units that activates the occupant notification system in accordance with Sections 907.4, 907.5 and 907.6 of the International Building Code. Amend this section to remove R-1, R-2, and R-4. Section 803.2.2.2. Group R In buildings with occupancies in Group R, work areas shall be provided with automatic sprinkler protection. Exception: If the building does not have sufficient municipal water supply for design of a fire sprinkler system available to the floor without installation of a new fire pump, work areas shall be protected by an automatic smoke detection system throughout all occupiable spaces other than sleeping units or individual dwelling units that activates the occupant notification system in accordance with Sections 907.4, 907.5 and 907.6 of the International Building Code. Add this section. 12.04.24 Agenda Pkt Page #23  Back to Agenda IEBC Written Feedback Received 2024.10.16 Lucas, I’m glad to see you’re looking to adopt the Existing Building Code. It provides some reasonable relief from the IBC when working on existing buildings. Not only do existing buildings sometimes present unique challenges, but allowing incremental improvements encourages investment and reuse of existing architecture. I’ve discussed this with a couple Architects who have extensive experience in renovating existing buildings in communities varied in size and demographics. They both felt adoption of the IEBC without amendment was reasonable, mainly because it lessens the requirements of the IBC. That said, of the amendments considered I think the first and third are reasonable. I am curious why you’re considering removing the R occupancies from the second section though. If working on an R occupancy automatically requires the entire structure have a fire suppression system, many projects will become cost prohibitive. That’s why they set the 50% floor area threshold. This would seem particularly important for residential opportunities in the upper floors of downtown buildings. As many of them were at one time residential, they wouldn’t meet the change of occupancy requirement for fire suppression. But requiring fire suppression would likely be cost prohibitive, especially when they’re generally only 2-3 units. Happy to discuss further if you’d like. Josh Walker President & Owner Office: 785.242.1213 Mobile: 785.418.9102 Email: Josh@LoydBuildsBetter.com 2126 South Elm | Ottawa, Kansas 66067 2024.10.09 What is the definition of a work area? Has something happened to consider this change? Instead of going to the trouble and expense of determining “sufficient water supply” why not just adopt the exemption as the code? If it is OK without good water supply then it should be OK with good water supply. --Charlie Adamson 12.04.24 Agenda Pkt Page #24  Back to Agenda Director Neece, On behalf of the Ottawa Main Street Association (OMSA), I am writing to express our strong opposition to the adoption of the International Existing Building Code (IEBC) in its current form, without sufficient time for thorough review, consultation, and impact analysis on local businesses and building owners. As you are aware, Ottawa’s Main Street businesses are the backbone of our local economy, contributing to the vibrant, unique character of our community. Many of these businesses are located in older, historic buildings that are a vital part of Ottawa’s architectural fabric. We have serious concerns about the potential effects of the IEBC on these businesses, particularly in terms of financial impact, regulatory burden, and the broader long-term consequences for revitalization efforts in our neighborhoods. The IEBC is a comprehensive and complex set of building regulations that may impose significant new requirements on property owners, including costly retrofits, accessibility upgrades, and other compliance measures. While we acknowledge that such standards may improve safety and sustainability, the proposed adoption of the IEBC leaves little time for proper review and consultation with those who will be directly affected. This lack of consultation with building owners, business operators, and industry experts risks overlooking the specific challenges and realities of Ottawa’s unique historic district. Specifically, we are concerned about: 1. Inadequate Consultation with Stakeholders: Many local property owners and business operators are unfamiliar with the full scope of the IEBC and its potential implications. There has not been enough time or opportunity for meaningful engagement with the people who will bear the costs and responsibilities of compliance. We urge the City to delay the adoption of the IEBC to allow for a 12.04.24 Agenda Pkt Page #25  Back to Agenda comprehensive public consultation process involving stakeholders from the business and property sectors. 2. Financial Burden on Small and Medium-Sized Businesses: For many small and medium-sized businesses, the costs associated with retrofitting older buildings to meet new code requirements could be prohibitively expensive, potentially leading to business closures, displacement, or loss of employment. Before moving forward with the adoption of the IEBC, the City must conduct a full economic impact study to assess how these changes will affect local business viability. 3. Risk to Heritage Buildings: Ottawa is home to a number of historically significant and older commercial properties. We are concerned that the adoption of the IEBC could inadvertently lead to the deterioration of these structures or discourage investment in their restoration and adaptive reuse. We encourage the City to ensure that any regulatory changes are sensitive to the preservation of heritage properties and aligned with existing heritage policies. 4. Time for Proper Review and Adaptation: The IEBC is a complex set of regulations that requires careful consideration and input from a variety of stakeholders, including architects, engineers, contractors, and legal experts. Given the significant implications of this code, we ask the City to delay its adoption to allow time for a full review and consultation process, including the opportunity for feedback from professionals who can accurately assess the true impact on building owners and businesses. In light of these concerns, we respectfully request that the City of Ottawa postpone the adoption of the IEBC until there has been sufficient time for consultation, a thorough review of its impact on stakeholders, and an opportunity to make necessary adjustments to ensure that the regulations are fair, reasonable, and economically feasible for Ottawa’s Main Street businesses. We look forward to the opportunity to engage with the City in a collaborative dialogue on this important issue and to work together to create solutions that support both the safety 12.04.24 Agenda Pkt Page #26  Back to Agenda and economic vitality of Ottawa’s commercial districts. Thank you for your attention to this matter. We are happy to meet with you to discuss this issue further. Sincerely, Sara Stauffer Executive Director Ottawa Main Street Association 785-214-0722 ottawamainst@gmail.com BCC OMSA Board members, City Commissioners, Brian Silcott, Melissa Reed 12.04.24 Agenda Pkt Page #27  Back to Agenda DRAFT – UNOFFICIAL UNTIL APPROVED Construction Board of Appeals Meeting Minutes Ottawa, Kansas Minutes of November 12, 2024 Construction Board of Appeals Members: Marconette[ ] Mille[ ] Nowatzke[ ] North[ ] Thomas[ ] Director Neece thanked those present at 4:00 pm and introduced Joe Kmetz with GBA for his presentation. Construction Board Members present and participating at 4 pm include member North, member Mille, and Nowatzke. Member Thomas arrived at 4:10pm providing quorum. Member Marconette arrived at 4:40 pm. City of Ottawa Neighborhood Services staff present were Director Lucas Neece and Ashley Hird. Joe Kmetz with George Butler and Associates, contracted with the City of Ottawa, was present as well. New Business: 1. Presentation on the proposed adoption of the 2018 International Existing Building Codes (IEBC) with amendments (Attachment 1) – Joe Kmetz, PE - GBA Mr. Kmetz presented the 2018 International Existing Building Code (IEBC) before the Construction Board of Appeals members. Mr. Kmetz advised that the City of Ottawa is taking a look at adopting the IEBC with the following amendments and requested input from the board and audience. 105.2 Work exempt from permit: Building: 7. Installation of exterior siding on buildings not included in the historical district. Section 803.2.2 Groups A, B, E, F-1, H, I, M, R-1, R-2, R-4, S-1 and S-2 In buildings with occupancies in Groups A, B, E, F-1, H, I, M, R-1, R-2, R-4, S-1 and S-2, work areas that have exits or corridors shared by more than one tenant or that have exits or corridors serving an occupant load greater than 30 shall be provided with automatic sprinkler protection where both of the following conditions occur: 1. The work area is required to be provided with automatic sprinkler protection in accordance with the International Building Code as applicable to new construction. 2. The work area exceeds 50 percent of the floor area. Exception: If the building does not have sufficient municipal water supply for design of a fire sprinkler system available to the floor without installation of a new fire pump, work areas shall be protected by an automatic smoke detection system throughout all occupiable spaces other than sleeping units or individual dwelling units that activates the occupant notification system in accordance with Sections 907.4, 907.5 and 907.6 of the International Building Code. Amend this section to remove R-1, R-2, and R-4. Section 803.2.2.2. Group R In buildings with occupancies in Group R, work areas shall be provided with automatic sprinkler protection. Exception: If the building does not have sufficient municipal water supply for design of a fire sprinkler system available to the floor without installation of a new fire pump, work areas shall be protected by an automatic smoke detection system throughout all occupiable spaces other than sleeping units or individual dwelling units that activates the occupant notification system in accordance with Sections 907.4, 907.5 and 907.6 of the International Building Code. Add this section. 12.04.24 Agenda Pkt Page #28  Back to Agenda Questions that were raised by members of the board and members of the audience were as follows: Will there be requirements for fire detection, if the bottom floor catches on fire will that mean that the top floor will have to wait for fire to reach it before the occupant is notified or sprinklers come on? Are the existing water lines sufficient in size to be running a sprinkler system? The cost of adding an additional water line to the City’s water supply will be too costly if supplying the upstairs residential address. Sufficient water supply would need to be defined. Adoption of the IEBC would be a good idea, but the amendments as written wouldn’t be. Suggestions for adding linked fire detection being required instead of suppression. The permitting of siding should remain as it is currently to make sure that the integrity of the building is intact. Action: No action was requested; no action was taken. Member North made a motion to adjourn the meeting at 4:53 pm followed by a second by Member Mille. All members voted aye. Respectfully submitted, Ashley Hird Planning Assistant 12.04.24 Agenda Pkt Page #29  Back to Agenda Agenda Item: XI.A City of Ottawa City Commission Meeting December 4, 2024 TO: Mayor and City Commission SUBJECT: Distribution of Donation to Mayor’s Christmas Tree Fund INITIATED BY: City Manager AGENDA: New Business Recommendations: Present funds donated by Cosentino’s Price Chopper to the Mayor’s Christmas Tree Fund. Background: In December 2018, Cosentino’s Price Chopper began sending an annual donation for the Mayor’s Christmas Tree Fund. The funds have been distributed as follows: • 2018 - $1,500 to ECKAN and $1,500 to Hope House • 2019 - $1,500 to ECKAN and $1,500 to Hope House • 2020 - $1,250 to ECKAN and $1,250 to Hope House • 2021 - $2,000 to ECKAN • 2022 - $2,000 to ECKAN • 2023 - $1,000 to ECKAN and $1,000 to Hope House • 2024 - $1,000 to ECKAN and $1,000 to Hope House Analysis: N/A Financial Considerations: No direct financial impact to the City. This is a passthrough donation. Legal Considerations: Approve as to form. Recommendations/Actions: Discuss and deliberate the donation from Cosentino's Price Chopper and direct staff to distribute. Attachments: N/A 12.04.24 Agenda Pkt Page #30  Back to Agenda Agenda Item: XI.B City of Ottawa City Commission Meeting December 4, 2024 TO: Mayor and City Commission SUBJECT: Resolution supporting the waiver of statutory requirement to use GAAP based accounting for 2025 financial reporting INITIATED BY: Assistant Finance Director AGENDA: New Business Recommendation: Approve the presented Resolution Authorizing to Request the Director of Accounts and Reports to Waive the Statutory Requirement to use GAAP Based Accounting for the Reporting of Fiscal Year 2025. Background: Kansas State Statute (K.S.A) 75-1120a sets in place a uniform system of fiscal procedures related to accounting and financial reporting for municipalities to follow. The statute states that unless certain criteria are met, all municipalities within the State of Kansas must ensure accounting and financial reporting meet the guidelines and standards outlined by generally accepted accounting principles (GAAP) as promulgated by the government accounting standards board and the American Institute of Certified Public Accountants and adopted by the rule and regulations of the Kansas Director of Accounts and Reports. The City of Ottawa has historically opted to waive this statutory requirement under the criteria listed in subsection (c) of K.S.A 75-1120a. This subsection outlines that the Kansas Director of Accounts and Reports may waive the requirements of GAAP reporting upon request by the governing body of any municipality. Upon request the governing body must, by resolution, annually make a finding that financial statements and financial reports prepared in conformity with the requirements of subsection (a) are: 1. Not relevant to the requirements of the cash basis and budget laws of this state, and 2. Are of no significant value to the Governing Body or the members of the general public of the City of Ottawa. 3. The municipality has no revenue bond ordinances or other ordinances or resolutions of the municipality which require financial statements and financial reports to be prepared in conformity with 75-1120a(a). Analysis: Preparing non-GAAP financial reporting allows a common reader to better understand the city’s financial position from a budgetary and cash-basis reporting perspective. Continuing the city’s current basis of reporting will ensure continuity of financial reporting. Financial Considerations: Failure to waive GAAP reporting requirements will cause a significant increase to the city’s annual audit expense as well as outside consulting costs to convert to and meet future requirements of GAAP reporting. 12.04.24 Agenda Pkt Page #31  Back to Agenda Legal Considerations: The City Attorney has reviewed the proposed resolution and approved as to form. Recommendation/Action: It is recommended the City Commission consider: 1. Take action at the December 4, 2024, Commission Meeting to: “ Approve the presented Resolution Authorizing to Request the Director of Accounts and Reports to Waive the Statutory Requirement to use GAAP Based Accounting for the Reporting of Fiscal Year 2025; or 2. Refer Item XI.B to the following regular meeting for continued deliberations. Attachments: XI.B.1 Resolution Authorizing to Request the Director of Accounts and Reports to Waive the Statutory Requirement to use GAAP Based Accounting for the Reporting of Fiscal Year 2025 12.04.24 Agenda Pkt Page #32  Back to Agenda RESOLUTION NO. ________ A RESOLUTION AUTHORIZING THE CITY OF OTTAWA, KANSAS TO REQUEST THE DIRECTOR OF ACCOUNTS AND REPORTS TO WAIVE THE STATUTORY REQUIREMENT TO USE GAAP BASED ACCOUNTING FOR THE REPORTING OF FISCAL YEAR 2025. WHEREAS, the City of Ottawa, Kansas has determined that the financial statements and financial reports for fiscal year 2025 to be prepared in conformity with the requirements of K.S.A. 75-1120a(a) are not relevant to the requirements of the cash basis and budget laws of this state of Kansas and are of no significant value to the Governing Body or the members of the general public of the City of Ottawa, and WHEREAS, there are no revenue bond ordinances or other ordinances or resolutions of the municipality which require financial statements and financial reports to be prepared in conformity with 75-1120a(a) for the City of Ottawa’s fiscal year 2025. NOW, THEREFORE BE IT RESOLVED that the Governing Body does hereby request the Director of Accounts and Reports to waive the requirements of 75-1120a et seq. as they apply to the City of Ottawa, Kansas for the fiscal year 2025. BE IT FURTHER RESOLVED that the Governing Body shall cause the financial statements and financial reports of the City of Ottawa to be prepared on the basis of cash receipts and disbursements as adjusted to show compliance with the cash basis and budget laws of this State. ADOPTED this ___________ of ______ 2024. _____ Michael Skidmore, Mayor ATTEST: __________ Melissa Reed, City Clerk 12.04.24 Agenda Pkt Page #33