City of Arkansas City Board of City Commissionerscms5.revize.com/revize/arkansascity/Government... · 3. Approve a Resolution authorizing a public meeting of the Governing Body to

City of Arkansas City Board of City Commissioners

Agenda

Regular Meeting Tuesday, September 17, 2019 @ 5:30 PM

Commission Room, City Hall — 118 W. Central Ave. — Arkansas City, KS

I. Routine Business

1. Roll Call 2. Opening Prayer and Pledge of Allegiance 3. Additions or Deletions to the Agenda (Voice Vote) 4. Approval of the Agenda (Voice Vote)

II. Awards and Proclamations

1. Proclaim October 1, 2019, as National Night Out in Arkansas City.

III. Recognition of Visitors 1. Recognize and congratulate recently promoted Lieutenant and Sergeant for the Arkansas City

Police Department.

IV. Comments from the Audience for Items Not on the Agenda Each speaker will state his or her name and address before making any comments. Each speaker will have three (3) minutes to present his or her comments. Comments or questions will be directed only to the City Commission. Debate or argument between parties in the audience will not be allowed. Repeated reiterations by speakers will not be allowed. Violations of comment procedure will result in being directed to cease speaking or resume sitting.

V. Consent Agenda (Voice Vote)

Note: All matters listed below on the Consent Agenda are considered under one motion and enacted by one motion. There should be no separate discussion. If such discussion is desired, any item may be removed from the Consent Agenda and then considered separately under Section VII: New Business.

1. Approve the August 30, 2019, special meeting minutes; September 3, 2019, regular meeting

minutes; and September 10, 2019, special meeting minutes as written. 2. Approve a Resolution authorizing the purchase of 5 Motorola APX6000 portable radios and a 6-

bank charging station from First Wireless, for an amount not to exceed $17,598.25. 3. Approve a Resolution authorizing a public meeting of the Governing Body to attend a special

Land Bank Board of Trustees meeting at 5:15 p.m. Tuesday, October 1, 2019, in the Commission Room at City Hall, 118 W. Central Ave. , Arkansas City.

4. Approve a Resolution canceling a public meeting of the Governing Body scheduled for noon Friday, September 27, 2019, in the City Manager’s Office at City Hall, 118 W. Central Ave., Arkansas City.

VI. Old Business VII. New Business

1. Consider first reading of an Ordinance exempting the application of K.S.A. 41-719(d) to allow the consumption of alcoholic liquor at a designated area of Ben Givens City Center Park during Arkalalah on October 23-26, 2019. (Roll Call Vote)

2. Consider first reading of an Ordinance exempting the application of K.S.A. 41-719(d) to allow the consumption of alcoholic liquor at a designated area of Wilson Park during Arkalalah on Thursday, October 24, 2019. (Roll Call Vote)

3. Consider a Resolution authorizing the City of Arkansas City to enter into a Community Development Block Grant (CDBG) Certified Administrator Contract with ____________, regarding the administration of the Brad Meek and Hillside Additions Water Line Replacement Project, for an amount not to exceed $_________. (Voice Vote)

4. Consider a Resolution authorizing the City of Arkansas City to enter into a contingent engineering design, bidding, construction administration and inspection services contract with Smith & Oakes, Inc., of Arkansas City, for the Community Development Block Grant (CDBG) Brad Meek and Hillside Additions Water Line Replacement Project, for an amount not to exceed $181,027.00. (Voice Vote)

5. Consider a Resolution authorizing the City of Arkansas City to accept a proposal from Kuhn Mechanical, Inc., of Arkansas City, to repair a leak on a 24-inch water main hub located under the Water Treatment Facility service drive at 400 W. Madison Ave., for an amount not to exceed $25,000.00. (Voice Vote)

6. Consider a Resolution authorizing the City of Arkansas City to enter into an Agreement with Burns & McDonnell Engineering Company, Inc. to provide Professional Engineering Services for Water Rights Evaluation, for an amount not to exceed $23,552.00. (Voice Vote)

7. Special Assessments:

a. Consider first reading of an Ordinance levying special assessments for code enforcement activities for unpaid weed mowing charges. (Roll Call Vote)

b. Consider first reading of an Ordinance levying special assessments for code enforcement activities for unpaid refuse abatement charges. (Roll Call Vote)

c. Consider for approval a Certificate of Special Assessment for dangerous structure demolitions. (Voice Vote)

VIII. City Manager Updates 1. Complete Count Committee meeting 2. 5th annual SCKMC Landrush 3. Cowley College Board of Trustees candidates forum 4. Gen. Wesley Clark’s Docking Lecture 5. Last Run Car Show 6. 2nd annual Downtown Sidewalk Sale 7. National Night Out kickoff party 8. Special Land Bank Board of Trustees meeting 9. National Night Out neighborhood block parties 10. Contract with TranSystems to Design Summit Street Cost Share

IX. Other Business

1. Reports: a. August Financial Summary

X. Adjournment

Office of the Mayor

Arkansas City, Kansas

Proclamation WHEREAS, the National Association of Town Watch annually sponsors National Night Out, a unique, nationwide crime, drug and violence prevention program; and WHEREAS, the 36th annual National Night Out provides a unique opportunity for Arkansas City to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, the Arkansas City community plays a vital role in assisting the Arkansas City Police Department through joint crime, drug, and violence prevention efforts in Arkansas City and is supporting National Night Out 2019 locally; and WHEREAS, it is essential that all citizens of Arkansas City be aware of the importance of crime prevention programs and the impact their participation can have on reducing crime, drugs, and violence in Arkansas City; and WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the National Night Out program. NOW, THEREFORE, I, Mayor Jay Warren, do hereby call upon all citizens of the City of Arkansas City, Kansas, to join the Arkansas City Police Department and National Association of Town Watch in supporting the 36th annual National Night Out and do hereby proclaim Tuesday, October 1, 2019, as

NATIONAL NIGHT OUT in Arkansas City, Kansas. I further call upon all citizens to consider attending or supporting the annual National Night Out kickoff party, to be held from 5 to 8:30 p.m. Monday, September 30, 2019, at Wilson Park in Arkansas City.

In witness thereof, I have hereunto set my hand and caused this seal to be affixed.

__________________________________

Name/Title: Jay Warren, Mayor Date: September 17, 2019

Item for City Commission Action Section III Item 1

Meeting Date 9/17/2019

Department/Division Police Department

Staff Contact Chief Dan Ward

Title: Recognition of Visitors Item: Recognize and congratulate recently promoted Lieutenant and Sergeant for the Arkansas City Police Department. Description: The Arkansas City Police Department is proud to announce that Jason Legleiter has been promoted to the rank of Lieutenant and Wade Hammond has been promoted to the rank of Sergeant. Both of these officers participated in a selection process that included an oral interview board, an interview with Police Chief Dan Ward and a thorough review of their work history. Both Lt. Legleiter and Sgt. Hammond have been assigned to night shift patrol. Commission Options: 1. Introduce recently promoted officers and formally congratulate them. Approved for Agenda by:

City Manager

Item for City Commission Action Section V Item 1


Department/Division City Manager

Staff Contact Andrew Lawson

Title: Consent Agenda Item: Approve the August 30, 2019, special meeting; September 3, 2019, regular meeting; and September 10, 2019, special meeting minutes as written. Description: Please see attached documents. Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration. Approved for Agenda by:

City Manager

City Commission of Arkansas City — Special Meeting Minutes

August 30, 2019 Page 1

The Arkansas City Board of City Commissioners met in special session at 12 p.m. Friday, August 30, 2019, in the Commission Room at City Hall, located at 118 W. Central Ave. in Arkansas City. Mayor Jay Warren called the meeting to order. Commissioners also present at roll call were Commissioner Kanyon Gingher, Commissioner Duane L. Oestmann and Commissioner Karen Welch. Commissioner Dan Jurkovich resigned via written letter prior to the August 6 meeting. City employees present were City Manager Nick Hernandez, City Clerk Lesley Shook, Public Information Officer Andrew Lawson, Management Assistant Mike Crandall, Finance Director Kathy Cornwell, City Treasurer Jennifer Waggoner, Police Chief Dan Ward, Environmental Services Superintendent Rod Philo, and Human Resources Manager Marla McFarland. Citizens in attendance were Lloyd Colston, Brandon Every, Ken Harader, Anita Judd-Jenkins, Dan Jurkovich, Travis Pearman, Dr. Scott Rogers, Jim Sybrant, Charles Tweedy and Cowley CourierTraveler reporter John Shelman. Business

City Commission Vacancy Mayor Warren said Michael Ard had withdrawn his name from consideration for personal reasons and presented for discussion the six remaining applicants — Lloyd Colston, Anita Judd-Jenkins, Bob Mathews, Travis Pearman, Jim Sybrant and Charles Tweedy. All but Mathews attended. Mayor Warren said he thinks Tweedy is the best person to fill the last four months of Dan Jurkovich’s term. Commissioner Gingher said she has heard from residents about the East Chestnut Avenue bridge situation and she thinks Sybrant would be the best choice for that issue. Commissioner Oestmann said he thinks Judd-Jenkins would bring valuable state contacts to the bridge discussion. Commissioner Welch agreed with Mayor Warren about Tweedy being the good fill-in, but also said she respected Commissioner Oestmann’s assessment of Judd-Jenkins’s ability. Mayor Warren called on outgoing Commissioner Jurkovich to join the other four commissioners on the dais in case he was needed to cast a tiebreaking vote. Jurkovich took a seat at the dais. Mayor Warren made a motion to appoint Charles Tweedy to the vacancy. Commissioner Welch seconded the motion. A voice vote resulted in only two yea votes, from Mayor Warren and Commissioner Welch. Commissioner Gingher, Commissioner Jurkovich and Commissioner Oestmann did not cast either yea or nay votes. Mayor Warren declared the motion failed. Commissioner Gingher made a motion to appoint Jim Sybrant. Commissioner Welch seconded the motion. A voice vote resulted in three yea votes from Commissioner Gingher, Commissioner Welch and Commissioner Jurkovich, who cast his vote in accordance with Section 7 of Charter Ordinance No. 29. Mayor Warren and Commissioner Oestmann did not cast either yea or nay votes. Mayor Warren declared the motion approved.


August 30, 2019 Page 2

City Clerk Shook administered the Oath of Office to Commissioner Sybrant. Jurkovich stepped down from the dais, as his service was now complete, and Commissioner Sybrant took his seat. Commissioner Sybrant said he understood how hard this decision was and promised to work for the next four months to find a way to reopen the East Chestnut Avenue bridge. He asked Judd-Jenkins to wait for him after the meeting so they could discuss her ideas and contacts. Commissioner Oestmann said he appreciated that, but asked Commissioner Sybrant to consider all issues facing the City over the next four months, not just the East Chestnut Avenue bridge issue. Commissioner Oestmann asked Commissioner Sybrant to coordinate his individual efforts with the rest of the City Commission and with City Manager Hernandez.

September 3, 2019 Agenda City Manager Hernandez provided a brief overview of items on the September 3 meeting agenda. Adjournment Commissioner Welch made a motion to adjourn the meeting. Commissioner Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the meeting adjourned at 12:15 p.m. THE CITY OF ARKANSAS CITY BOARD OF CITY COMMISSIONERS ____________________________ Jay Warren, Mayor ATTEST: ____________________________ Lesley Shook, City Clerk Prepared by: _____________________________________ Andrew Lawson, Public Information Officer

City Commission of Arkansas City – Regular Meeting Minutes

September 3, 2019 Page 1

The Arkansas City Board of City Commissioners met in regular session at 5:30 p.m. Tuesday, September 3, 2019, in the Commission Room at City Hall, located at 118 W. Central Ave. in Ark City. Mayor Jay Warren called the meeting to order. Commissioners also present at roll call were Commissioners Kanyon Gingher, Duane L. Oestmann, Jim Sybrant and Karen Welch. City employees present were City Manager Nick Hernandez, City Attorney Tamara Niles, City Clerk Lesley Shook, Public Information Officer Andrew Lawson, Management Assistant Mike Crandall, Finance Director Kathy Cornwell, Environmental Services Superintendent Rod Philo, Public Services Superintendent Tony Tapia, Street & Stormwater Maintenance Worker II Chad Beeson, Arkansas City Police Department Capt. Jim Holloway, Principal Planner Josh White and Human Resources Manager Marla McFarland. Citizens in attendance included JoAnn Bierle, Jeff Bowman, Kevin Cox, Brandon Every, Foss Farrar, Ken Harader, Sam Hunt, Vicki Jackson, Anita Judd-Jenkins, Mell Kuhn, Gareth McGee, Marc Shields, Frances “Rags” Smith and Cowley CourierTraveler reporter John Shelman. Mosaic was represented by Associate Director Angeline Anderson, with Mosaic of South-Central Kansas, as well as Associate Director Cat Reineke, with Mosaic of Colorado Springs, Colorado. Mayor Warren offered the opening prayer and led the pledge of allegiance. Agenda Approval At City Manager Hernandez’s request, Commissioner Gingher made a motion to amend the agenda by adding an ordinance exempting a designated area of South Central Kansas Medical Center to allow alcohol consumption during the SCKMC Landrush as Item 4 under New Business and also adding a 20-minute executive session to discuss matters of non-elected personnel as Item 2 under Other Business. Commissioner Sybrant seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the agenda approved as amended. Awards and Proclamations Mayor Warren issued a proclamation that September 8-14, 2019, is Direct Support Professionals Recognition Week in Arkansas City. JoAnn Bierle, Anita Judd-Jenkins and Rags Smith accepted the proclamation on behalf of the Equal Opportunity and Accessibility Advisory Board, and in turn presented it to Angeline Anderson and Cat Reineke on behalf of Mosaic of South-Central Kansas. Judd-Jenkins urged people to remember that the deinstitutionalization movement only was possible because of the hard work and sacrifice of Direct Support Professionals (DSPs), such as those who work for Mosaic. Anderson thanked everyone on behalf of all of the Mosaic DSPs.



Comments from the Audience Marc Shields, 317 S. Eighth St., thanked the commissioners for the recent chip-sealing of Eighth Street, but asked when the cracks will be repaired between Kansas and Madison avenues. Management Assistant Crandall said the cracks cannot be sealed until the weather is colder, but chip sealing has to be done in August when the weather is hot. Public Services Superintendent Tapia said a different kind of rock was used this time because it was cheaper and quicker to procure, which added to heavier dust than usual. It is the same rock used by other local agencies. Consent Agenda Mayor Warren made a motion to approve the consent agenda, including the following:

1. Approving the August 20, 2019, regular meeting minutes as written. 2. Approving Resolution No. 2019-09-3275, authorizing a public meeting of the Governing

Body to attend a special City Commission study session at 12 p.m. Friday, September 6, 2019, in the city manager’s office at City Hall, located at 118 W. Central Ave. in Ark City.

3. Approving adoption of Resolution No. 19-304, adopted by the City Council of the City of Wichita, on August 20, 2019, regarding the issuance of Bonds (Presbyterian Manors, Inc.).

Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the consent agenda approved. Old Business

CDBG Program Application Resolution No. 2019-09-3276

City Clerk Shook presented for a resolution authorizing the City to apply for a Community Development Block Grant (CDBG) to replace water lines in Brad Meek and Hillside Additions. The Brad Meek and Hillside Addition Waterline Replacement Project includes replacing existing lines (mostly 4- and 6-inch diameter) with 6- and 8-inch PVC water lines, improving fire protection. In addition, new fire hydrants, water valves and service connections will be replaced due to the increase in the size of the water lines. The total project cost is estimated to be $1,494,070.00. The CDBG grant request will be for the maximum of $600,000, with the remaining portion to be paid by the City from its Water Fund. The final CDBG application is due September 27, 2019. Mayor Warren opened a public hearing. No one from the public spoke. He closed the hearing.



Mayor Warren made a motion to approve the resolution. Commissioner Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the motion approved and given Resolution No. 2019-09-3276.

Certify CDBG Legal Authority Resolution No. 2019-09-3277

City Clerk Shook presented for a resolution certifying legal authority to apply for the 2020 Kansas Small Cities Community Development Block Grant (CDBG) Program from the Kansas Department of Commerce, and authorizing Mayor Warren to sign and submit such an application. Commissioner Oestmann made a motion to approve the resolution. Commissioner Welch seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the motion approved and given Resolution No. 2019-09-3277.

CDBG Assurance Statement Resolution No. 2019-09-3278

City Clerk Shook presented for a resolution assuring the Kansas Department of Commerce that funds will be continually provided for the operation and maintenance of improvements to the Arkansas City water system to be financed with Community Development Block Grant funds. Commissioner Welch made a motion to approve the resolution. Commissioner Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the motion approved and given Resolution No. 2019-09-3278. New Business

Personnel Policy Updates City Clerk Shook presented for discussion 14 personnel policy updates — Accommodation for Nursing Mothers (1.14), Employee Development and Training (4.1), Travel (4.2), Gifts (5.1), Personal Property (5.2), Use of Official Badges/Credentials (5.4), Employee Speech and Social Media (9.1), Employee Records (11.1), Supplemental Insurance (14.8), Flexible Spending Accounts (14.9), Open Enrollment and Plan Year (14.10), Status Changes/Qualifying Events and Loss of Eligibility (14.11), COBRA Continuation Coverage (14.12), and Firefighter/EMT Paramedic Program Benefit (14.30).



Human Resources Manager McFarland said many of the policy updates are minor or grammatical. The only completely new policies are Travel (4.2) and Employee Speech and Social Media (9.1). McFarland said the social media policy tries to balance rights to free speech and employees’ responsibility to conduct themselves professionally on social media. It addresses who can speak on behalf of the City organization and requests employees to clarify when expressing personal views. Commissioner Gingher asked if employees are comfortable with the changes. McFarland said all of the revised policies have been approved by both the management team and Employee Council. Brandon Every, 19 Pin Oak Drive, asked if there are repercussions for employees who violate the social media policy. McFarland said this would fall under City standards of professional conduct. Mayor Warren made a motion to approve the policy updates. Commissioner Oestmann seconded the motion. A voice vote was unanimous in favor. Mayor Warren declared the motion approved.

SHPO Agreement Renewal Resolution No. 2019-09-3279

City Clerk Shook presented for a resolution authorizing the City to enter an agreement with the State Historic Preservation Officer (SHPO) to conduct historic reviews under K.S.A. 75-2724(e). Principal Planner White said the agreement would renew the current arrangement for an additional five years and preserve local control by allowing for historic reviews to be conducted locally. These are either done administratively by White or taken to the Historic Preservation Board for review. City Manager Hernandez said he supports renewing the agreement to maximize local control. Foss Farrar, 10 Valley Road, spoke in defense of the Downtown Historic District and the resolution. Commissioner Sybrant made a motion not to renew the agreement. This motion did not receive a second. He later amended it to a motion to table the resolution for 90 days to study alternatives. Commissioner Gingher seconded the amended motion. Commissioner Oestmann called the question. A voice vote resulted in only two yea votes, from Commissioner Gingher and Commissioner Sybrant. Mayor Warren, Commissioner Oestmann and Commissioner Welch did not cast either yea or nay votes. Mayor Warren declared the motion failed. Commissioner Oestmann made a motion to approve the resolution. Commissioner Welch seconded the motion. A voice vote resulted in four yea votes. Commissioner Sybrant did not cast either a yea or a nay vote, but said he thinks the historic district is hurting business development. Mayor Warren declared the motion approved and given Resolution No. 2019-09-3279.



Select LKM Delegates

City Clerk Shook presented for discussion the selection of three voting delegates to the League of Kansas Municipalities’ (LKM) annual conference and business meeting on October 12-14. Mayor Warren made a motion to appoint Mayor Warren, Commissioner Oestmann and Commissioner Welch as voting delegates, with Commissioner Gingher, Commissioner Sybrant and City Manager Hernandez as alternates. Commissioner Sybrant seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the motion approved.

SCKMC Alcohol Ordinance Ordinance No. 2019-09-4497

City Clerk Shook presented for discussion exempting the application of K.S.A. 41-719(d) to allow the consumption of alcoholic liquor at a designated area of South Central Kansas Medical Center (SCKMC) during the SCKMC Landrush from 9 a.m. to 2 p.m. Saturday, September 21, 2019. City Manager Hernandez said SCKMC requested the exemption only to both serve and sell alcohol. All laws concerning legal drinking age and confining drinking to the designated premises still are in effect. Hernandez said the ordinance exempts grounds east of the Outpatient Services Building. Mayor Warren made a motion to approve the ordinance. Commissioner Sybrant seconded the motion. A roll call vote was unanimous in favor of the motion. Mayor Warren declared the motion approved and given Ordinance No. 2019-09-4497. City Manager Updates City Manager Hernandez provided the commissioners with the following reminders and updates:

• The next two City Commission study sessions will be at noon Sept. 6 and noon Sept. 13 in the city manager’s office at City Hall. The former will be a special study session to discuss the 2019 Uniform Public Offense Code and Standard Traffic Ordinance with City Attorney Niles, while the latter will be to discuss the agenda for the September 17 regular meeting.

• The next RISE Cowley health coalition meeting will be at 10 a.m. September 10 in the conference room at the Water Treatment Facility, located at 400 W. Madison Ave.

• The next monthly Cowley County Legislative Committee meeting will be at noon September 10 at the Winfield Area Chamber of Commerce, located at 123 E. Ninth Ave.



• The City Commission and the Cowley County Commission will have a joint work session to discuss the future of the East Chestnut Avenue bridge at 6 p.m. September 10 in the Wright Room at Cowley College’s Brown Center, located at 215 S. Second St. in Arkansas City. City Manager Hernandez asked about the format and public comment. The commissioners agreed that they would like public comment at the end and he said he would relay that on.

• The seventh annual Battle of the Badges fundraiser will start at 9 a.m. September 14 at the Arkansas City High School South Sports Complex, located at 2030 N. 15th St. (directly south of ACHS). This year’s event will be a co-ed softball tournament benefiting Melissa Paton.

• Hernandez presented a thank-you letter that was sent to the City from Keeley and Randy Frank for its support of the Sgt. Kevin A. Gilbertson Memorial Bridge dedication on Aug. 3.

• City staff participated in the Kansas Department of Transportation’s (KDOT) local consult meeting August 27, and had input on the development of both KDOT’s long-range transportation plan (extending until 2045) and its next 10-year improvement program, which will be called “Forward Kansas.” Documents of interest were presented to the commission.

Other Business

Executive Sessions Mayor Warren made a motion to recess into a 20-minute executive session, to include City Manager Hernandez, to discuss personnel matters of nonelected personnel, pursuant to K.S.A. 75-4319(b)(1), with the open meeting set to resume at 7:35 p.m. Commissioner Welch seconded the motion. A voice vote was unanimous in favor of the motion. The executive session began at 7:15 p.m. and ended at 7:35 p.m. Afterward, Commissioner Gingher made a motion to recess into an additional 10-minute executive session, to include City Manager Hernandez, to discuss personnel matters of nonelected personnel, pursuant to K.S.A. 75-4319(b)(1), with the open meeting set to resume at 7:45 p.m. Commissioner Sybrant seconded the motion. A voice vote was unanimous in favor of the motion. The second executive session began at 7:35 p.m. and ended at 7:45 p.m. Afterward, the commissioners reconvened in the commission room. No action was taken following either session. Adjournment Commissioner Oestmann made a motion to adjourn the meeting. Commissioner Welch seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the meeting adjourned at 7:46 p.m.



THE CITY OF ARKANSAS CITY BOARD OF CITY COMMISSIONERS ____________________________ Jay Warren, Mayor ATTEST: ____________________________ Lesley Shook, City Clerk Prepared by: _____________________________________ Andrew Lawson, Public Information Officer



The Arkansas City Board of City Commissioners met in special session at 5:30 p.m. Tuesday, September 10, 2019, in the Commission Room at City Hall, located at 118 W. Central Ave. Mayor Jay Warren called the meeting to order. Commissioners also present at roll call were Commissioners Kanyon Gingher, Duane L. Oestmann, Jim Sybrant and Karen Welch. City employees present were City Manager Nick Hernandez, City Clerk Lesley Shook, Public Information Officer Andrew Lawson, Finance Director Kathy Cornwell, Fire Chief Bobby Wolfe, Police Chief Dan Ward, Public Services Superintendent Tony Tapia and Human Resources Manager Marla McFarland. Citizens in attendance were Christopher Gingher, Ken Harader, Mell Kuhn, Cowley County Attorney Larry Schwartz and Cowley CourierTraveler reporter John Shelman. Business

Temporary City Attorney Resolution No. 2019-09-3280

Mayor Warren presented for a resolution authorizing the City to execute a Professional Services Agreement with Larry R. Schwartz to serve as temporary City Attorney for at least three months. City Manager Hernandez said he and Schwartz had been negotiating the agreement for the past several days. The agreement also allows for renewal on a month-by-month basis, Hernandez said. He said Schwartz has agreed to assist with selecting and training his eventual successor, if needed. Schwartz thanked the commissioners for the opportunity and for thinking of him for the position. Mayor Warren asked Schwartz if his elected position as Cowley County Attorney affords him enough time to take on these additional duties. Schwartz said he did not think it will be a problem. Commissioner Sybrant made a motion to approve the resolution. Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Commissioner Oestmann asked Schwartz if he lives inside the City limits, which was a requirement of the proposed Professional Services Agreement. Schwartz said he lives at 515 N. Fourth St. Hernandez said he thinks it is more important for the permanent City Attorney to live within the City limits than it is for the Municipal Court prosecutor to do. He still wants to split the positions. Mayor Warren declared the motion approved and given Resolution No. 2019-09-3280.



Adjournment Commissioner Welch made a motion to adjourn the meeting. Mayor Warren seconded the motion. A voice vote was unanimous in favor. Mayor Warren declared the meeting adjourned at 5:35 p.m. THE CITY OF ARKANSAS CITY BOARD OF CITY COMMISSIONERS ____________________________ Jay Warren, Mayor ATTEST: ____________________________ Lesley Shook, City Clerk Prepared by: _____________________________________ Andrew Lawson, Public Information Officer



Department/Division Fire-EMS

Staff Contact Robert Wolfe

Title: Consent Agenda Item: Consider A Resolution approving the purchase of 5 Motorola APX6000 portable radios and a 6-bank charging station from First Wireless, for an amount not to exceed $17,598.25. (Voice Vote) Description: The Fire Department is requesting to purchase 5 Motorola APX6000 portable radios. ACFD currently has 5 Motorola APX6000 radios that were purchased in 2017. The Motorola radios are waterproof and intrinsically safe with a rugged case. Radios also have a 5-watt power output and are P25 compliant. Continuing to upgrade our current portable radios will provide vital safe communication that is more reliable to our personnel on the scene of emergencies. Commission Options: 1. Approve with the consent agenda. 2. Remove item from the consent agenda for further consideration. Fiscal Impact: Amount: $17,598.25 Fund: General Department: Fire-EMS Expense Code: 310-7405

Included in budget Grant Bonds Other (explain) Approved for Agenda by:

City Manager

RESOLUTION NO. 2019-09

A RESOLUTION APPROVING THE PURCHASE OF 5 MOTOROLA APX6000 PORTABLE RADIOS AND A 6-BANK CHARGING STATION FROM FIRST WIRELESS, FOR AN AMOUNT NOT TO EXCEED $17,598.25. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: That the Governing Body of the City of Arkansas City, Kansas hereby approves the Purchase of 5 Motorola APX6000 portable radios and a 6-bank charging station from First Wireless, for an amount not to exceed $17,598.25. SECTION TWO: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the City Commission of the City of Arkansas City. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on September 17, 2019.

____________________________ Jay Warren, Mayor

ATTEST: _____________________________ Lesley Shook, City Clerk APPROVED AS TO FORM: ______________________________ Larry R. Schwartz, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2019-09-____ of the City of Arkansas City, Kansas adopted by the governing body on September 17, 2019 as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk



Department/Division City Manager / Neighborhood Services

Staff Contact Josh White

Title: Consent Agenda Item: Approve a Resolution authorizing a public meeting of the Governing Body to attend a special Land Bank Board of Trustees meeting at 5:15 p.m. Tuesday, October 1, 2019, in the Commission Room at City Hall, 118 W. Central Ave. Description: Habitat for Humanity is interested in Brock Park, located at 501 S. Sixth St., for its next house project. All equipment was removed from the park when it was added to the Land Bank. Habitat’s application is attached. They have asked for only a portion of the property, but might be interested in more of it in the future, if available. Habitat is asking that the property be donated at no cost to the organization. The first step in this process is to arrange a property transfer from the City Land Bank, which will require a special Land Bank Board of Trustees meeting to be scheduled at 5:15 p.m. Tuesday, October 1, 2019. The property also will need to be rezoned from P (Public Use District) to R-2 (Medium-Density Residential District). Habitat for Humanity has filled out an application for the rezone, which will be scheduled for a public hearing before the Planning Commission at 5:30 p.m. Tuesday, October 8, 2019. Principal Planner Josh White plans to expand this application to include the entire Brock Park property and make the City of Arkansas City a joint applicant so that the entire property can be rezoned. Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration. Approved for Agenda by:

City Manager

RESOLUTION NO. 2019-09-____ A RESOLUTION AUTHORIZING A PUBLIC MEETING OF THE GOVERNING BODY TO ATTEND A LAND BANK BOARD OF TRUSTEES MEETING AT 5:15 P.M. OCTOBER 1, 2019, IN THE COMMISSION ROOM AT CITY HALL, 118 W. CENTRAL AVE. WHEREAS, all members of the Governing Body of the City of Arkansas City, Kansas, also are members of the City’s Land Bank Board of Trustees; and WHEREAS, the Land Bank Board of Trustees is required to meet at least twice annually for regular business, but also may schedule special meetings as needed to consider Land Bank property transfer requests in a more timely manner; and WHEREAS, in order to comply with the Kansas Open Meetings Act, the Governing Body of the City of Arkansas City, Kansas, must designate this upcoming Land Bank Board of Trustees meeting as a public meeting of the Governing Body. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby establishes that it shall hold a public meeting at 5:15 p.m. on Tuesday, October 1, 2019, in the Commission Room at City Hall, 118 W. Central Ave., Arkansas City, Kansas, to attend a special Land Bank Board of Trustees meeting. SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes City staff of the City of Arkansas City, Kansas, to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment, and also to notify all persons requesting notice of such public meetings under the Kansas Open Meetings Act. SECTION THREE: This Resolution shall be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 17th day of September, 2019. (Seal) Jay Warren, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM: Larry R. Schwartz, City Attorney

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2019-09-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on September 17, 2019, as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk




Staff Contact Nick Hernandez

Title: Consent Agenda Item: A Resolution canceling a public meeting of the Governing Body scheduled for noon Friday, September 27, 2019, in the City Manager’s office at City Hall, 118 W. Central Ave., Arkansas City. Description: Two upcoming events justify cancellation of the September 27, 2019 study session:

1. The Last Run Car Show kick off September 27th 2. National Night Out block parties October 1st.

Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration. Approved for Agenda by:

City Manager

RESOLUTION NO. 2019-09-____ A RESOLUTION CANCELING A PUBLIC MEETING OF THE GOVERNING BODY SCHEDULED FOR NOON FRIDAY, SEPTEMBER 27, 2019, IN THE CITY MANAGER’S OFFICE AT CITY HALL, 118 W. CENTRAL AVE., ARKANSAS CITY. WHEREAS, in order to comply with the Kansas Open Meetings Act, the Governing Body of the City of Arkansas City, Kansas, must notify those requesting public notice of the cancellation of this public meeting of the Governing Body. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the cancellation of its previously scheduled public meeting at noon on Friday, September 27, 2019, in the City Manager’s Office at City Hall, located at 118 W. Central Ave., Arkansas City, Kansas. SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes City staff of the City of Arkansas City, Kansas, to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment, and also to notify all persons requesting notice of such public meetings under the Kansas Open Meetings Act. SECTION THREE: This Resolution shall be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 17th day of September, 2019. (Seal) Jay Warren, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM: Larry R. Schwartz, City Attorney

CERTIFICATE


Item for City Commission Action Section VII Item 1


Department/Division City Attorney

Staff Contact Larry Schwartz

Title: Consider first reading of an Ordinance exempting the application of K.S.A. 41-719(d) to allow the consumption of alcoholic liquor at a designated area of Ben Givens City Center Park during Arkalalah on October 23 through October 26, 2019. (Roll Call Vote) Description: The Arkalalah Committee has requested that the City Commission allow it to sponsor a beer garden to sell and serve alcoholic liquor and CMB at a designated area downtown during the Arkalalah Festival from 11 a.m. until midnight on Wednesday, October 23, 2019, through Saturday, October 26, 2019. A decision will need to be made whether or not persons younger than twenty-one (21) years of age will be allowed within the enclosed area where alcohol is being served. The event will support Arkalalah, and the Arkalalah Committee has provided reasonable assurances that it will take all necessary precautions to ensure the property is used in full compliance with applicable state and local law. This beer garden has been operated for several years now with no major issues. Commission Options: 1. Approve the Ordinance on first reading. 2. Table the Ordinance for a second reading Oct. 1. 3. Disapprove the Ordinance. Fiscal Impact:

Amount: Cost of publication


City Manager

(First Published in the CowleyCourier Traveler, _______________________2019)

ORDINANCE NO. 2019-09-____ AN ORDINANCE EXEMPTING THE APPLICATION OF K.S.A. 41-719(D) TO ALLOW THE CONSUMPTION OF ALCOHOLIC LIQUOR AT A DESIGNATED AREA OF BEN GIVENS CENTER CITY PARK DURING ARKALALAH ON OCTOBER 23-26, 2019. WHEREAS, the Arkalalah Committee has requested that the Governing Body of the City of Arkansas City, Kansas, allow it to sponsor a beer garden to sell and serve alcohol at a designated area of downtown Arkansas City during the Arkalalah Festival from 11 a.m. until midnight on Wednesday, October 23, 2019, through Saturday, October 26, 2019; and WHEREAS, the event will support the Arkalalah Festival; and WHEREAS, the Arkalalah Committee has provided reasonable assurances that it will take all necessary precautions to ensure the property is used in full compliance with applicable state and local law; and WHEREAS, in order to use the property in the manner requested, the Governing Body of the City of Arkansas City, Kansas, is required by Kansas statute to adopt an Ordinance specifically exempting the property from the provisions of K.S.A. 41-719(d), which prohibits the consumption of alcoholic liquor on public property. NOW THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS, KANSAS, AS FOLLOWS: SECTION ONE: Notwithstanding any provision of Municipal Code to the contrary, the Governing Body of the City of Arkansas City, Kansas, hereby exempts property located at Ben Givens Center City Park (101 N. Summit St.), and designated on the attached map (hereafter “the Premises”) from the provisions of K.S.A. 41-719(d), from 11 a.m. until midnight on Wednesday, October 23, 2019, through Saturday, October 26, 2019. The Governing Body of the City of Arkansas City, Kansas, hereby grants this exemption as it is a unique opportunity specifically tied to the Arkalalah Festival, a community celebration, and it will be fully contained and have measures in place to provide for security and monitoring to ensure compliance with Municipal laws. By providing this exemption, the Governing Body hereby authorizes the Arkalalah Committee, or a duly licensed caterer acting on its behalf, to sell and serve alcoholic liquor by the drink for consumption on the Premises, subject to the following terms and conditions:

1. The Arkalalah Committee shall take all necessary precautions to ensure compliance with all other provisions of Arkansas City Municipal Code, including the Uniform Public Offense Code.

2. No person younger than twenty-one (21) years of age shall be allowed within the enclosed area where alcohol is served, and precautions shall be taken to ensure this does not occur. The Arkalalah Committee or its designee shall check photo identification to ensure no one younger than 21 enters the area.

3. The Premises must be fully gated or otherwise enclosed. Any place where the gating or other enclosure provides an opening for entrance and exit from the Premises must be staffed to ensure no one may leave the fenced premises with an open container of alcoholic liquor or cereal malt beverage.

4. The Arkalalah Committee shall not allow a number of persons inside the Premises in excess of the occupancy load established by approved authorities, if applicable.

5. The Arkalalah Committee shall leave the Premises in a same or similar condition as it existed prior to the exemption dates, and shall remove all gating, trash, seating, portable toilets and other supplies from the event; and repair any damage, in a timely fashion.

6. This exemption shall apply only to the interior of the gated Premises and shall not include any surrounding curtilage.

SECTION TWO: PUBLICATION; EFFECTIVE DATE. This ordinance, or a summary thereof, shall be published one time in the official City newspaper, and shall take effect and be in force from and after said publication. PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas, on this 17th day of September, 2019. (Seal) Jay Warren, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM: Larry R. Schwartz, City Attorney

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Ordinance No. 2019-09-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on September 17, 2019, as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

Produced by the City of Arkansas City GISusing the best available data to date.The City makes no warranty or representation,expressed or implied, with respect to the datadisplayed. October 17, 2018

Ben Givens Park

100'

25'

25'

25'

75'

50'

75'

75'

25'25' 25'

30'

169.917'

25'

25' 25' 132'

132'

89.59'

42.41'

132'

132'

132'

360'

360'

130'

S 1ST ST

WCENTRALAVE

S SUMMIT ST

ECENTRALAVE

N SUMMIT ST

N 1ST ST

104

103103

104

113

111 APT AAPT B APT C

100

101

110

114

107

107

109

113

118

112

108

106

100

111

110

118

101111

120

BAR



Department/Division City Attorney

Staff Contact Larry Schwartz

Title: Consider first reading of an Ordinance exempting the application of K.S.A. 41-719(d) to allow the consumption of alcoholic liquor at a designated area of Wilson Park during Arkalalah on Thursday, October 24, 2019. (Roll Call Vote) Description: The Arkalalah Committee has requested that the City Commission allow it to sponsor an event to sell and serve alcoholic liquor and cereal malt beverage (CMB) at a designated area of Wilson Park during the Arkalalah Festival from 5 p.m. until midnight on Thursday, October 24, 2019. This event will support Arkalalah, and the Arkalalah Committee has provided reasonable assurances that it will take all necessary precautions to ensure the property is used in full compliance with applicable state and local law. The Committee has indicated it would like to sell directly rather than use a caterer. Commission Options: 1. Approve the Ordinance on first reading. 2. Table the Ordinance for a second reading Oct. 1. 3. Disapprove the Ordinance. Fiscal Impact:

Amount: Cost of publication


City Manager

(First Published in the CowleyCourier Traveler, _______________________2019)

ORDINANCE NO. 2019-09-____

CONSIDER FIRST READING OF AN ORDINANCE EXEMPTING THE APPLICATION OF K.S.A. 41-719(D) TO ALLOW THE CONSUMPTION OF ALCOHOLIC LIQUOR AT A DESIGNATED AREA OF WILSON PARK ON THURSDAY, OCTOBER 24, 2019. WHEREAS, the Arkalalah Committee has requested that the Governing Body of the City of Arkansas City, Kansas, allow it to sponsor an event to sell and serve alcohol at a designated area of Wilson Park during the Arkalalah Festival from 5 p.m. until midnight on Thursday, October 24, 2019; and WHEREAS, the event will support the Arkalalah Festival; and WHEREAS, the Arkalalah Committee has provided reasonable assurances that it will take all necessary precautions to ensure the property is used in full compliance with applicable state and local law; and WHEREAS, in order to use the property in the manner requested, the Governing Body of the City of Arkansas City, Kansas, is required by Kansas statute to adopt an Ordinance specifically exempting the property from the provisions of K.S.A. 41-719(d), which prohibits the consumption of alcoholic liquor on public property. NOW THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS, KANSAS, AS FOLLOWS: SECTION ONE: Notwithstanding any provision of Municipal Code to the contrary, the Governing Body of the City of Arkansas City, Kansas, hereby exempts property located at Wilson Park (701 N. Summit St.), and designated on the attached map (hereafter “the Premises”) from the provisions of K.S.A. 41-719(d), from 5 p.m. until midnight on Thursday, October 24, 2019. The Governing Body of the City of Arkansas City, Kansas, hereby grants this exemption as it is a unique opportunity specifically tied to the Arkalalah Festival, a community celebration, and it will be fully contained and have measures in place to provide for security and monitoring to ensure compliance with Municipal laws. By providing this exemption, the Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Arkalalah Committee, or a duly licensed caterer acting on its behalf, to sell and serve alcoholic liquor and cereal malt beverage by the drink for consumption on the Premises, subject to the following terms and conditions:

7. The Arkalalah Committee shall provide security for the event and shall take all necessary precautions to ensure compliance with all other provisions of Arkansas City Municipal Code, including the Uniform Public Offense Code.

8. No person younger than twenty-one (21) years of age shall be served alcohol, and precautions shall be taken to ensure this does not occur. The Arkalalah Committee or its designee shall check photo identification and provide wristbands to those over the age of 21, to ensure no one younger than 21 is served alcoholic liquor or cereal malt beverage.

9. The Premises must be fully gated or otherwise enclosed. Any place where the gating or other enclosure provides an opening for entrance and exit from the Premises must be staffed to ensure no one may leave the fenced premises with an open container of alcoholic liquor or cereal malt beverage.

10. The Arkalalah Committee shall not allow a number of persons inside the Premises in excess of the occupancy load established by approved authorities, if applicable.

11. The Arkalalah Committee shall leave the Premises in a same or similar condition as it existed prior to the exemption dates, and shall remove all gating, trash, seating, portable toilets and other supplies from the event; and repair any damage, in a timely fashion.

12. This exemption shall apply only to the interior of the gated Premises and shall not include any surrounding curtilage.

SECTION TWO: PUBLICATION; EFFECTIVE DATE. This ordinance, or a summary thereof, shall be published one time in the official City newspaper, and shall take effect and be in force from and after said publication. PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas, on this 17th day of September, 2019. (Seal) Jay Warren, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM: Larry R. Schwartz, City Attorney

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Ordinance No. 2019-09-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on September 17, 2019, as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

Produced by the City of Arkansas City GISusing the best available data to date.The City makes no warranty or representation,expressed or implied, with respect to the datadisplayed. October 17, 2018

Wilson Park

75'

50'

50'

50'

50'

50'

50'

50'

132'

132'

425' 40

0'

25'

132'

62.5'

62.5'67' 65' 132'

87.5'

132'

92'

WMAPLEAVE

N 2ND ST

N 1ST ST

N SUMMIT ST

736

625

702

706

710

720

728

732

708

701

628213

718

214

215

BAR



Department/Division City Manager / Environmental Services

Staff Contacts Mike Crandall / Rod Philo

Title: A Resolution authorizing the City of Arkansas City to enter into a Community Development Block Grant (CDBG) Certified Administrator Contract with _____, regarding the administration of the Brad Meek and Hillside Additions Water Line Replacement Project, for an amount not to exceed $_______. (Voice Vote) Description: A Request For Proposals (RFP) was mailed out in 2018 to all 15 CDBG Certified Administrators in Community Development Block Grant Area 5, which includes Cowley County, as is required by the CDBG program. These proposals are good for two (2) years, according to CDBG guidelines. Two proposals were received and they will be presented in more detail at the September 17, 2019, meeting. Any contingent administrative fees will not be charged if the CDBG grant is not approved. Commission Options: 1. Approve the Resolution. 2. Table the Resolution for further discussion. 3. Disapprove the Resolution. Fiscal Impact:

Amount: $_______ Fund: 16 (Water) Department: 653 (Distribution) Expense Code: 6214 (Other Professional Services)


City Manager

RESOLUTION NO. 2019-09-____ A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO ENTER INTO A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CERTIFIED ADMINISTRATOR CONTRACT WITH _____, REGARDING THE ADMINISTRATION OF THE BRAD MEEK AND HILLSIDE ADDITIONS WATER LINE REPLACEMENT PROJECT, FOR AN AMOUNT NOT TO EXCEED $_________. WHEREAS, the City of Arkansas City, Kansas, is a legal governmental entity as provided by the laws of the State of Kansas; and WHEREAS, the City of Arkansas City, Kansas, intends to submit an application for assistance from the 2020 Community Development Block Grant (CDBG) Program. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the City of Arkansas City, Kansas, to enter into a Community Development Block Grant (CDBG) Certified Administrator Contract with _____, regarding the administration of the Brad Meek and Hillside Additions Water Line Replacement Project, for an amount not to exceed $___________. Such Contract is attached hereto and incorporated by reference as if fully set forth herein. SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor and/or City Manager of the City of Arkansas City, Kansas, to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor and/or City staff of the City of Arkansas City, Kansas, to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION FOUR: This Resolution shall be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 17th day of September, 2019. (Seal) Jay Warren, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM: Larry R. Schwartz, City Attorney

CERTIFICATE




Department/Division City Manager / Environmental Services

Staff Contacts Mike Crandall / Rod Philo

Title: A Resolution authorizing the City of Arkansas City to enter into a contingent engineering design, bidding, construction administration and inspection services contract with Smith & Oakes, Inc., of Arkansas City, for the Community Development Block Grant (CDBG) Brad Meek and Hillside Additions Water Line Replacement Project, for an amount not to exceed $181,027.00. (Voice Vote) Description: This is the final action item required as part of the City of Arkansas City’s CDBG application to the Kansas Department of Commerce. That application must be submitted to the State by September 27, 2019. The City Commission held a public hearing September 3 and voted unanimously to proceed with this project. This contingency contract will be submitted with the City’s application for the CDBG funding. The contract is contingent upon approval and award of a Community Development Block Grant. The City of Arkansas City is applying for a CDBG grant to replace water lines in Brad Meek Addition and Hillside Addition. The water lines are approximately 70 years old and made of cast iron. The City has received numerous complaints of red water and main breaks in these neighborhoods in recent years. The Brad Meek and Hillside Additions Water Line Replacement Project will include replacing the existing water lines (mostly 4-inch and 6-inch diameter) with 6- and 8-inch water lines, improving fire protection. In addition, new fire hydrants, water valves and service connections will be replaced due to the increase in the size of the water lines. The total project cost will be $1,494,070.00. The CDBG grant request will be for the maximum of $600,000, with the remaining portion to be paid by the City from its Water Fund. Commission Options: 1. Approve the Resolution. 2. Table the Resolution for further discussion. 3. Disapprove the Resolution. Fiscal Impact:

Amount: $181,027.00 Fund: 16 (Water) Department: 653 (Distribution) Expense Code: 6214 (Other Professional Services)

Included in budget Grant Bonds Other (explain)

Approved for Agenda by:

City Manager

RESOLUTION NO. 2019-09-____ A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO ENTER INTO A CONTINGENT ENGINEERING DESIGN, BIDDING, CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES CONTRACT WITH SMITH & OAKES, INC., OF ARKANSAS CITY, FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BRAD MEEK AND HILLSIDE ADDITIONS WATER LINE REPLACEMENT PROJECT, FOR AN AMOUNT NOT TO EXCEED $181,027.00. WHEREAS, the City of Arkansas City, Kansas, is a legal governmental entity as provided by the laws of the State of Kansas; and WHEREAS, the City of Arkansas City, Kansas, is a applying for a Community Development Block Grant (CDBG) to replace water lines in the Brad Meek and Hillside Additions that are approximately 70 years old and made of cast iron; and WHEREAS, the City of Arkansas City, Kansas, has received numerous complaints of red water and water main breaks from these water lines in recent years, and this project also will improve fire protection in these neighborhoods; and WHEREAS, the Brad Meek and Hillside Additions Water Line Replacement Project will include replacing the existing water lines (mostly 4-inch and 6-inch diameter) with 6-inch and 8-inch water lines, thus improving fire protection; and WHEREAS, the Brad Meek and Hillside Additions Water Line Replacement Project also will include new fire hydrants, water valves and service connections, to be replaced due to the increase in the size of the water lines; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, held a public hearing September 3, 2019, to hear alternate project suggestions from citizens, as well as comments on this project; and WHEREAS, after hearing no public comments, the Governing Body of the City of Arkansas City, Kansas, voted unanimously to apply for CDBG funds for the project, certify its legal authority to apply for such funds, authorize Mayor Jay Warren to sign and submit such an application, and assure the Kansas Department of Commerce that funds will be continually provided for the operation and maintenance of these improvements to the Arkansas City water system that would be financed with CDBG funds; and WHEREAS, the City of Arkansas City, Kansas, desires to contract with Smith & Oakes, Inc., of Arkansas City, for contingent engineering design, bidding, construction administration and inspection services, for an amount not to exceed $181,027.00, only in the event that CDBG funds are awarded for this project; and WHEREAS, the CDBG grant request will be for the maximum of $600,000.00, with the remaining minimum construction portion of $894,070.00 to be paid by the City of Arkansas City, Kansas, from its Water Fund. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the City of Arkansas City, Kansas, to enter into a contingent engineering design, bidding, construction administration and inspection services contract with Smith & Oakes, Inc., of Arkansas City, for the Community Development Block Grant (CDBG) Brad Meek and Hillside Additions Water Line Replacement Project, for an amount not to exceed $181,027.00. Such funds only will be expended if CDBG Program funds are awarded and this contract is contingent upon such an award.

SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby reaffirms its authorization of the Mayor of Arkansas City, Kansas, to act as the City’s official representative in signing and submitting an application for assistance to the 2020 Community Development Block Grant Program. SECTION THREE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor and/or City staff of the City of Arkansas City, Kansas, to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION FOUR: This Resolution shall be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 17th day of September, 2019. (Seal) Jay Warren, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM: Larry R. Schwartz, City Attorney

CERTIFICATE


AGREEMENT FOR ENGINEERING DESIGN SERVICES

BETWEEN

THE CITY OF ARKANSAS CITY, KANSAS

AND

SMITH & OAKES, INC.

FOR

WATERLINE REPLACEMENT PROJECT BRAD MEEK & HILLSIDE ADDITIONS

NOW EFFECTIVE ON THIS day of 2019, this Agreement is made and entered into, BY AND BETWEEN THE CITY OF ARKANSAS CITY, KANSAS, a Municipal Corporation, hereinafter referred to as "OWNER", AND SMITH & OAKES, INC. hereinafter referred to as "ENGINEER". WITNESSETH: WHEREAS, the OWNER hereby contracts with the ENGINEER for services hereafter outlined for the "WATERLINE REPLACEMENT PROJECT – BRAD MEEK & HILLSIDE ADDITION", herein referred to as the PROJECT. NOW THEREFORE, the parties hereto agree to be bound as follows: SECTION 1. GENERAL PROJECT DESCRIPTION The OWNER has requested that the ENGINEER provide engineering design, bidding, construction administration, and inspection services for the replacement of waterlines and appurtenances within the Brad Meek & Hillside Additions (Approx. 13,910 feet of new pipe) as generally indicated on Exhibit A.

SECTION 2. SCOPE OF SERVICES A. Initial Activities:

1. Attend a project start-up meeting with OWNER to discuss project goals, individual responsibilities, and obtain information available at that time.

2. Contact utility owners and obtain record as-built information. 3. Obtain record of ownerships, right-of-entry, and GIS information

for use in depicting boundary information on base drawings. 4. Obtain right-of-way record information for use on base drawings. 5. Obtain topographic design survey of the project area. 6. Establish site control, set benchmarks, and establish ties to known

section corners. B. Field Check Design:

1. Prepare the base sheets to be used for the project drawings 2. Determine the new waterline alignment for each respective

replacement section. 3. Develop construction sequencing plans to minimize water service

interruption. 4. Review the alignment and design with respect to utility locations,

topographic features, existing right-of-way, and property ownerships.

5. Prepare field check drawings and details. 6. Prepare draft project specifications. 7. Attend a Field Check review meeting with the OWNER. 8. Develop a preliminary cost estimate.

C. Office Check Design:

1. Revise waterline alignments, drawings and details based upon comments received.

2. Revise project specifications based on comments received. 3. Attend office check meeting with OWNER. 4. Obtain all necessary local and state permits. 5. Develop Storm Water Pollution Prevention Plan and submit Notice

of Intent to KDHE for approval. 6. Submit plans to KDHE for approval. 7. Attend an Office Check review meeting with the OWNER. 8. Revise and update the cost estimate.

D. Bid Documents and Bidding Services:

1. Prepare final revisions to drawings and bid documents. 2. Provide final Engineer’s estimate of probable costs. 3. Prepare one (1) bid package for all prospective bidders. 4. Prepare any Addenda to plans and specifications, if necessary. 5. Assist the OWNER at the bid opening. 6. Review bids and provide a recommendation to OWNER.

E. Construction Administration Activities:

1. Schedule and conduct a Pre-Construction Conference, coordination meetings, and the final inspection for the project.

2. Review material submittals. 3. Prepare any necessary change orders. 4. Review Contractor pay requests. 5. Answer questions / resolve conflicts during construction. 6. Conduct periodic site visits to the construction site.

F. Construction Inspection Activities:

1. Provide a resident project representative to conduct on-site observations of the work in progress. 2. Verify and observe all testing requirements. 3. Maintain a diary or log book containing orderly records of correspondence, shop drawings, change orders, field orders, progress reports and other project related documents.

4. Report to the ENGINEER to assist in determining if the work is proceeding in accordance with the Contract Documents.

5. Collect, identify, label, and record all concrete material test specimens, then deliver to a certified laboratory and receive the test results in accordance with the Contract Documents.

SECTION 3. RESPONSIBILITY OF THE OWNER The OWNER agrees to provide the following pursuant to the ENGINEER accomplishing the Scope of Services outlined herein: 1. Provide access to the site. 2. Secure the necessary easements (permanent and temporary for construction)

and all right-of-way acquisitions for the project, if necessary. 3. Furnish copies of all existing plans, drawings, maps, records, reports, files and any other information relevant to the PROJECT. 4. Permit fees. SECTION 4. TIME OF PERFORMANCE The ENGINEER shall commence work on the PROJECT within seven (7) days following receipt of an executed (signed and dated) Agreement from the OWNER and shall complete all pre-bid work within 90 days, thereafter.

SECTION 5. PAYMENT PROVISIONS For services performed under this Agreement the OWNER will reimburse the ENGINEER the following lump sum fees for the Engineering Design/Survey items of work. Compensation for Inspection Services shall be 2.9 times direct cost, not-to-exceed the value shown below for Inspection Services. Inspection fees are based on 5 day work weeks at 9 hours per day. ENGINEERING DESIGN/SURVEY $ 103,444 INSPECTION SERVICES $ 77,583 TOTAL $ 181,027 SECTION 6. SUPPLEMENTAL SERVICES Any work requested by the OWNER that is not included in the Scope of Services will be classified as Supplemental Services. Supplemental Services shall include, but are not limited to, the following: 1. Changes in general scope, extent, or character of the project or its design,

including but not limited to changes in size, complexity, OWNER’s schedule, character of construction or method of financing; and revising previously accepted studies, reports, or design documents when such revisions are required by changes in laws, regulations, ordinances, codes, or orders enacted subsequent to the preparation of such studies/reports/documents or designs or due to any other causes beyond the ENGINEER’s control.

2. Geotechnical investigations or soil analysis. SECTION 7. COMMUNITY DEVELOPMENT BLOCK GRANT PROVISIONS ENGINEER shall comply with all applicable State and Federal Laws and Regulations required by the Community Development Block Grant program as administered by the Kansas Department of Commerce. SECTION 8. CONTINGENT UPON AWARD This Agreement is contingent upon award of a current CDBG application from the Kansas Department of Commerce. SECTION 9. OTHER MATTERS Any action or claims arising out of or related to this Agreement or the project that is the subject of this Agreement shall be governed by Kansas law. Good faith negotiation and mediation are express conditions precedent to the filing of any legal action. Mediation shall be conducted in accordance with the latest edition of the Construction Mediation Rules of the American Arbitration Association. The OWNER or ENGINEER shall not assign, transfer, or sublet any rights, duties, or interests accruing from the Agreement without the prior written consent from the other

party. This Agreement shall be binding upon both, the OWNER and ENGINEER, their respective successors and assigns. This Agreement and attachments hereto comprise the entire agreement between the OWNER and ENGINEER. The Agreement may be altered only by Supplemental Agreement. IN WITNESS WHEREOF, the parties hereto have executed the Agreement the day and year first above written. OWNER: CITY OF ARKANSAS CITY, KANSAS BY: __________________________ Jay Warren, Mayor ATTEST: ____________________________ Lesley Shook, City Clerk ENGINEER: SMITH & OAKES, INC. BY: __________________________ Chris Meinen, President



Department/Division Environmental Services

Staff Contact Rod Philo

Title: A Resolution authorizing the City of Arkansas City to accept a proposal from Kuhn Mechanical, Inc., of Arkansas City, to repair a leak on a 24-inch water main hub located under the Water Treatment Facility service drive at 400 W. Madison Ave., for an amount not to exceed $25,000.00. (Voice Vote) Description: Water Treatment Facility staff recently noticed a wet area approximately 120 feet west of the west gate to the Water Treatment Facility, located at 400 W. Madison Ave. This area initially was attributed to the extremely rainy conditions this spring and summer, but continued even after the weather had dried out. A sample of water from this location tested positive for chlorine, indicating it is due to a finished water leak under the west approach to the Facility. This section of water line can be isolated and repaired. The Facility will continue to supply finished water to the City through a 24-inch line under the Mill Canal. Walters-Morgan Construction, which built the new Facility, says the finished water line is past its warranty date and they will not assist with the repair. Four (4) other construction companies were contacted for bids, with estimates received from three (3) of them. Kuhn Mechanical submitted the lowest bid (not to exceed $25,000), but estimates the work can be completed for around $12,800.00. Staff recommends selecting Kuhn Mechanical for this repair, for an amount not to exceed $25,000.00. Commission Options: 1. Approve the Resolution. 2. Table the Resolution for further discussion. 3. Disapprove the Resolution. Fiscal Impact:

Amount: $25,000.00 Fund: 16 (Water) Department: 653 (Distribution) Expense Code: 6212 (Payments to Contractors)


City Manager

RESOLUTION NO. 2019-09-____ A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO ACCEPT A PROPOSAL FROM KUHN MECHANICAL, INC., OF ARKANSAS CITY, TO REPAIR A LEAK ON A 24-INCH WATER MAIN HUB LOCATED UNDER THE WATER TREATMENT FACILITY SERVICE DRIVE AT 400 W. MADISON AVE., FOR AN AMOUNT NOT TO EXCEED $25,000.00. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the City of Arkansas City, Kansas, to accept a proposal from Kuhn Mechanical, Inc., of Arkansas City, to repair a leak on a 24-inch water main hub located under the Water Treatment Facility service drive at 400 W. Madison Ave., for an amount not to exceed $25,000.00. SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor and/or City staff of the City of Arkansas City, Kansas, to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution shall be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 17th day of September, 2019. (Seal) Jay Warren, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM: Larry R. Schwartz, City Attorney

CERTIFICATE




Department/Division Environmental Services

Staff Contact Rod Philo

Title: Consider a Resolution authorizing the City of Arkansas City to enter into an Agreement with Burns & McDonnell Engineering Company, Inc. to provide Professional Engineering Services for Water Rights Evaluation for an amount not to exceed $23,552.00. (Voice Vote)

Description: The City requested Burns & McDonnell Engineering Company, Inc. submit an agreement to complete up to (ten) 10 Kansas Division of Water Resources (DWR) Surface Water Right Application Forms along with supporting documentation to accompany the forms. Also to provide a projected estimate of water demands through 2040 based on City provided water use information and population data.

Commission Options: 1. Approve the Resolution. 2. Table the Resolution for future consideration. 3. Disapprove the Resolution.

Fiscal Impact: Amount: $23,552.00 Fund: 16 (Water) Department: 651 (Water Treatment) Expense Code: 6214 (Other Professional Services)


City Manager

RESOLUTION NO. 2019-09 A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO ENTER INTO AN AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR WATER RIGHTS EVALUATION, FOR AN AMOUNT NOT TO EXCEED $23,552.00. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City hereby authorizes the City to enter into a contract agreement with Burns & McDonnell Engineering Company, Inc. to provide professional engineering services for Water Rights Evaluation, for an amount not to exceed $23,552.00. Such Agreement is attached hereto and incorporated herein by reference. SECTION TWO: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the City Commission of the City of Arkansas City. ADOPTED AND APPROVED by the Governing Body of the City of Arkansas City, Kansas this 17th day of September, 2019.. (Seal) Jay Warren, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM. Larry R. Schwartz, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2019-09-____ of the City of Arkansas City, Kansas adopted by the Governing Body on September 17, 2019 as the same appears of record in my office. DATED: _________________ Lesley Shook, City Clerk





Title: Special Assessments

a. Consider first reading of ordinance levying special assessments for code enforcement activities for unpaid weed mowing charges. (Roll Call Vote)

b. Consider first reading of ordinance levying special assessments for code enforcement activities for unpaid refuse abatement charges. (Roll Call Vote)

c. Consider for approval a Certificate of Special Assessment for dangerous structure demolitions. (Voice Vote)

Description: Attached please find two ordinances assessing the cost of weed removal, and refuse abatement. These ordinances provide for the assessment of certain costs incurred by the City for various parcels of property around the community for the 2018/2019 billing period. Each Ordinance will require a separate roll call vote. Attached please find a Certificate of Special Assessment detailing costs incurred by the city for demolition of dangerous structures previously declared unsafe and dangerous. Commission Options: 1. Approve the Ordinances on first read and the Certificate of Special Assessment assessing the costs

and direct staff to file them with the County for inclusion on the 2019 tax rolls of the listed properties.

2. Disapprove the Ordinances. Fiscal Impact: Amount: Fund: Department: Expense Code:


City Manager

(First published in the Cowley Courier Traveler ___________________ 2019)

ORDINANCE NO. 2019-09- AN ORDINANCE LEVYING SPECIAL ASSESSMENTS INCURRED BY THE CITY OF ARKANSAS CITY IN REMOVING NOXIOUS WEEDS ON PROPERTY HEREINAFTER LEGALLY DESCRIBED AND LOCATED WITHIN THE CITY LIMITS OF THE CITY OF ARKANSAS CITY, KANSAS, PURSUANT TO THE 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE CHAPTER 3, SECTION 302.4. WHEREAS, notice was given to the owners of real property hereinafter legally described as provided

by the 2015 IPMC Chapter 1, Part 2, Section 107.2 as amended by Arkansas City Municipal Code

Section 14-46, by the Neighborhood Services Office notifying said owners of the existence of noxious

weeds growing on their property, determining that said weeds are a nuisance, and giving them due notice

and reasonable time to abate such nuisance(s).

WHEREAS, the owners of the following described properties have failed to abate said nuisances, by permitting noxious weeds to continue to grow thereon, thereby requiring the City to abate subject nuisances, thereby incurring costs as hereinafter specified. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The following amounts are hereby assessed against the hereinafter described property for the abatement of noxious weeds. Such record of the costs are on file in the City Clerk's Office, and said owners have been notified as to the costs incurred and have failed to pay the same within thirty (30) days after receipt of said notice:

Name Address Cama # Legal Description Total

JEFFREY TURNER 1023 S B ST 2993102031012000 JENKINS & CAMPBELL'S ADD , BLOCK 3 , Lot 21 - 22

$500.00

NORMA ROBERTSON TRUST ATTN: VICKI LOWER

1024 S 3RD ST 3073601025007000 SOUTH SIDE ADD #2 , BLOCK 32 , Lot 13 - 14 , SECTION 36 TOWNSHIP 34 RANGE 03

$500.00



$300.00

JEFFREY TURNER 1025 S B ST 2993102031011000 JENKINS & CAMPBELL'S ADD , BLOCK 3 , Lot 19 - 20

$800.00

KRISTAN HARDISTER 1027 N B ST 2941903008025000 MCLAUGHLIN'S ADD , BLOCK 13 , Lot 5 & 6

$200.00

ROBERT & TANYA HILTON

106 N 11TH ST 3072503002004000 LOVE'S 1ST ADD , BLOCK 7 , ACRES 1.6 , LTS 5-24 & ALL VAC ALLEY

$500.00

GRACE HAYES 1109 N 4TH ST 3062404013023000 BITTLE'S ADD , BLOCK 2 , S13.8 LT 4 & N36.2 LT 5 BLK 2 BITTLES ADD & LTS 8 & 9 BLK 21 2 DEETS ADD

$200.00

GRACE HAYES 1109 N 4TH ST 3062404013023000 BITTLE'S ADD , BLOCK 2 , S13.8 LT 4 & N36.2 LT 5 BLK 2 BITTLES ADD & LTS 8 & 9 BLK 21 2 DEETS ADD

$300.00

NANCY SANG 1109 S 1ST ST 3073601027010000 SOUTH SIDE ADD #2 , BLOCK 44 , Lot 20 - 21 , SECTION 36 TOWNSHIP 34 RANGE 03

$500.00

MEADOW CREEK PROPERTIES

1125 S 2ND ST 3073601028008000 SOUTH SIDE ADD #2 , BLOCK 43 , Lot 27 - 28

$400.00

JAMES & MELANIE MAZZANTI

1210 S 2ND ST 3073604001003000 SOUTH SIDE ADD #2 , BLOCK 45 , LT 7 EXC N10.25 & ALL LT 8

$200.00

LANCE POWERS 1212 S SUMMIT ST 2993103004003000 ENTERPRISE ADD , BLOCK 222 , Lot 5 - 7

$700.00

JEANNE WALDORF 1217 N D ST 2941903002016000 HOME ADD , BLOCK 12 , N15 LT 22 & ALL LTS 23 & 24

$500.00

RICHARD MARTIN 1218 N SUMMIT ST 2941903005013000 CENTRAL ADD , BLOCK 2 , S9 LT 4 & ALL LT 5

$300.00

FLORENCE ELAINE LIEBHART

1225 S 4TH ST 3073604004004000 SOUTH SIDE ADD #2 , BLOCK 48 , Lot 27 & 28

$200.00

CHRISTY LILE 1304 S A ST 2993103007003000 ENTERPRISE ADD , BLOCK 228 , Lot 3 & 4

$200.00

JOHN COOK 1313 S J ST 2993104008009000 SLEETH ADD 2 PLATS , BLOCK 6 , Lot 7 - 8

$750.00

NORMAN JOHNSON 1313 W OKLAHOMA 3062402025003000 GHENT ADD , BLOCK 2 , Lot 48 - 50 $600.00

GAIL KING 1314 S 6TH ST 3073604007001000 PARR ADD , BLOCK 3 , ACRES 2.5 , LTS 1-28 & VAC ALLEY ADJ & W35 VAC 5TH ST ADJ

$200.00

KORI WELCH 1322 N 4TH ST 3062404003006000 EARHART SUB, BLOCK 2, S15 LT 9 & ALL LTS 10-12

$250.00

JUSTIN KEENON 1411 N 4TH ST 3062401022013000 RUBY'S ADD , BLOCK 2 , Lot 5 $300.00

CHARLOTTE DOW 1419 S SUMMIT ST 2993103014005000 MASTERS-FURHAM ADD , BLOCK 1 , Lot 1 & 2

$800.00

RUSSELL GRAVES 1420 N 6TH ST 3062401023003000 BIJOU ADDITION, BLK 12, LTS 1-2 & S 1/2 VAC PALMETTO ADJ

$200.00

KAYLA WALKER 1424 S G ST 2993104016007000 SLEETH ADD 2 PLATS , BLOCK 14 , Lot 15 - 16

$500.00

RAVEN BIRMINGHAM 1425 S H ST 2993104016008000 SLEETH ADD 2 PLATS , BLOCK 14 , Lot 11 - 14

$300.00

VICKI MCMILLIAN 1451 N C ST 2941902020001000 WORWAG ADD , BLOCK 1 , N20 LT 22 & ALL LT 23 & LT 24 EXC W8 THRF

$400.00

DAVID FRALEY 1519 N 4TH ST 3062401014014000 RUBY'S ADD , BLOCK 1 , Lot 4 $700.00

STEVEN SUMMERS 1526 W KANSAS AVE 3062402024010000 GHENT ADD , BLOCK 3 , Lot 13 - 16 $200.00

BRADLEY DEMOSS 1727 N 7TH ST 3062401009002000 BIJOU ADD , BLOCK 2 , LTS 23-26 & S1/2 VAC MAGNOLIA ST ADJ

$400.00

DIANE FREEMAN 1818 N 6TH ST 3062401003002010 GRANDVIEW ADD TO AC 24-34-3 , BLOCK 5 , Lot 7 - 12

$250.00

LINDA HEFLIN 1905 W KANSAS AVE 3062304003001000 S23 , T34 , R03 , ACRES 13.8 , PT N1/2SE1/4 BEG E396 FROM NE COR NW1/4SE1/4,S825,W792,N825, E TO POB EXC W40 LESS ROW

$700.00

SCHARK INVESTMENTS LLC

203 E MADISON AVE 2993102004004000 M R LEONARD'S ADD , BLOCK 166 , W49.5 LT 1 & W49.5 N .4 LT 2

$950.00

REBECCA AVALOS 303 S D ST 2993003021001000 ARKANSAS CITY, BLOCK 34, E82 LTS 27-28 & E82 N1/2 LT 26

$1,000.00

GINGER KELLOGG 310 N C ST 2993002026005000 AC ORIGINAL TOWN, BLK 29, LT 8-9

$300.00

KAY L PHENICIE 315 N D ST 2993002026013000 ARKANSAS CITY , BLOCK 29 , Lot 21 - 22

$1,050.00

JOYCE CROW LIFE ESTATE

325 S 7TH 3072504022007000 ARKANSAS CITY , BLOCK 124 , Lot 13 - 14

$200.00

SHIRLEY DORRELL 326 MEEK AVE 2941902007023000 BRAD-MEEK 2ND ADD , BLOCK 10 , Lot 28

$600.00

RECA LIMITED PARTNERSHIP

326 N 5TH ST 3072501036003000 ARKANSAS CITY , BLOCK 140 , LT 26 & S10 LT 27

$300.00


328 S 8TH ST 3072504022006000 ARKANSAS CITY , BLOCK 124 , Lot 15 - 16

$800.00

MAURO MARTINEZ/DENISE MARTINEZ

405 S 3RD ST 3072504034003000 ARKANSAS CITY , BLOCK 101 , LTS 22-26 & S1/2 LT 27

$300.00

DARREN WILLIAMS 410 S A ST 2993003026003000 ARKANSAS CITY, BLOCK 59, LTS 6-7 & N5 LT 8

$425.00

OWEN PHILLIPS 508 S 6TH ST 3072504040004000 ARKANSAS CITY , BLOCK 114 , Lot 5 - 6

$500.00

MAGNA EVE MARIE PEREZ

512 S A ST 2993003031006000 ARKANSAS CITY , BLOCK 60 , S23 LT 7 & N5 LT 8

$800.00

KAY L PHENICIE 512 S D ST 2993003034003000 ARKANSAS CITY , BLOCK 24 , S1/2 LT 5 & ALL LT 6

$250.00

ROBERT WILLIAMS 512 W MAPLE AVE 3072501004010000 AC ORIGINAL TOWN, BLK 136, LT 14-16

$300.00

SHIRLEY DORRELL 518 S 5TH ST 3072504025009000 ARKANSAS CITY , BLOCK 108 , Lot $200.00

8 - 9

SHIRLEY CARTER 521 W MADISON AVE 3073601003002000 PARK PLACE ADD , BLOCK 3 , Lot 25 - 28 , SECTION 36 TOWNSHIP 34 RANGE 03

$250.00

SHIRLEY CARTER 522 N D ST 2993002013002000 ARKANSAS CITY, BLOCK 15, Lot 1 - 2

$600.00

SHIRLEY DORRELL 603 W CENTRAL AVE 3072504006006000 ARKANSAS CITY , BLOCK 110 , BEG 25N NE COR LT 28,S53,W55.6 ,N53,E55.6

$600.00

EDITH EASLEY 604 N C ST 2993002011007000 ARKANSAS CITY , BLOCK 26 , Lot 11 - 12

$800.00

ROBERT LEE & FALIS DORMAN

609 S 5TH ST 3073601004011000 PARK PLACE ADD , BLOCK 4 , S1/2 LT 4 & ALL LTS 5 & 6

$525.00

SAMUEL JACKSON HANBY

610 N 5TH ST 3072501011005000 ARKANSAS CITY , BLOCK 137 , Lot 17 - 20

$800.00

GAIL KING 615 S 6TH ST 3073601005010000 PARK PLACE ADD , BLOCK 5 , Lot 7 - 8

$500.00

STUART THIELEN 615 S D ST 2993102002011000 M R LEONARD'S ADD , BLOCK 172 , Lot 8

$300.00

ROSE KLAUSNER 616 N SUMMIT ST 2993002008001000 ARKANSAS CITY , BLOCK 62 , ACRES 1.9 , LTS 1-10 & LTS 15-28 & VAC ALL EY ADJ

$600.00

PHILLIP ANDREWS JR 620 N 6TH ST 3072501010005000 ARKANSAS CITY, BLOCK 146, Lot 23

$200.00

ERIK L BOWMAN 716 S 7TH ST 3073601008005000 PARK PLACE ADD , BLOCK 8 , Lot 24 - 27 , SECTION 36 TOWNSHIP 34 RANGE 03

$200.00

REGINA PADGETT 717 S C ST 2993102010009000 M R LEONARD'S ADD , BLOCK 170 , Lot 8

$800.00

DONALD BRANCH 719 N 5TH ST 3072501005009000 ARKANSAS CITY, BLOCK 147, Lot 5 - 6

$200.00

RASHELL KINCAID 720 S C ST 2993102011007000 M R LEONARD'S ADD, BLOCK 173, S1/2 LT 5 & ALL LT 6

$1,050.00

ISIDRO HERNANDEZ 727 N 2ND ST 3072501002017000 NORTON'S ADD , BLOCK 3 , Lot 3 - 4

$800.00

DAVID & VICKIE WILLIAMS

818 E POPLAR 2941904002002000 SUNFLOWER ESTATES, S19, T34, R04, ACRES 5.6, PT SE1/4 BEG E421.3 & S177.7 FROM NW COR,S TO N LI POPLAR ST,E300,N TO S LI KANSAS AVE,SW304.2 1 TO POB & TRACTS A & B SUNFLOWER ESTATES

$300.00

KAYCIES KLOSET LLC 818 N D ST 2941903014011000 MAPLE PARK ADD , BLOCK 4 , Lot 11 & 12

$600.00

KENTON HARDEE 902 S F ST 2993101007003000 HILL ADD , BLOCK 5 , Lot 30 - 33 $800.00

BILL & JO ANN SHELDON

905 N D ST 2941903015010000 MCLAUGHLINS ADD, BLOCK 8, W 1/2 LTS 11 & 12

$200.00

RONNIE & TAMMY WAGNER

915 S B ST 2993102022009000 JENKINS & CAMPBELL'S ADD , BLOCK 2 , Lot 17 - 18

$1,000.00

LLOYD SHANE JR 920 E POLK AVE 2993104003016000 A G LOWE'S 2ND ADD , BLOCK 1 , E1/2 19 & ALL 20

$200.00

JUSTIN KEENON 920 S 8TH ST 3073601022004000 GOOCH'S ADD , BLOCK 14 , Lot 7 - 14 , LTS 7-14 1/2 VAC VAN BUREN ADV ADJ

$400.00

MATTHEW WHYDE PO BOX 1394 2993102014013000 OSAGE SUB, BLOCK 7, W51 LTS 37-40

$200.00

$32,750.00

SECTION TWO: The City Clerk shall certify to the County Clerk of Cowley County, Kansas, the special assessments levied under Section One of this Ordinance, and the County Clerk shall extend the same on the tax rolls against the property as hereinabove described, and the amount so certified shall be collected the same as ad valorem taxes against said real estate.

SECTION THREE: This ordinance, or a summary thereof, shall be published one time in the official city newspaper, and shall take effect and be in force from and after said publication. PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas, on September 17, 2019.

________________________________ Jay Warren, Mayor

ATTEST: ___________________________________ Lesley Shook, City Clerk APPROVED AS TO FORM: ____________________________________ Larry R. Schwartz, Attorney

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Ordinance No. 2019-09-_______ of the City of Arkansas City, Kansas adopted by the Governing Body on September 17, 2019 as the same appears of record in my office.

DATED:_________________________. __________________________________

Lesley Shook, City Clerk

(First published in the CowleyCourier Traveler __________________ 2019)

ORDINANCE NO. 2019-09 AN ORDINANCE LEVYING SPECIAL ASSESSMENTS TO PAY COSTS INCURRED BY THE CITY OF ARKANSAS CITY FOR ABATING PUBLIC NUISANCES FOR UNLAWFUL DEPOSIT OR ACCUMULATION OF REFUSE AS PROHIBITED BY SECTION 46-2 and 46-4 AND INOPERATIVE OR ABANDONDED VEHICLES AS DEFINED BY SECTION 42-27 OF THE ARKANSAS CITY MUNICIPAL CODE. WHEREAS, notice was given to the owners of record or tenants of the real estate as hereinafter legally described as provided by Section 46-3 of the Arkansas City Municipal Code as to the existence of unlawful deposit or accumulation of refuse as prohibited by Section 46-2 and 46-4 and inoperative or abandoned vehicles as defined by Section 42-27 of the Arkansas City Municipal Code, thereby constituting a public nuisance and giving notice and reasonable time to abate such nuisance(s); and, WHEREAS, the owners or tenants of the following described properties have failed to abate said nuisances, thereby requiring the City to abate such nuisances, thereby incurring costs as hereinafter specified. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The following amounts are hereby assessed against the hereinafter described property for:

a. The abatement of public nuisance(s), consisting of unlawful deposit or accumulation of refuse, contrary to Section 46-2 and 46-4 of the Arkansas City Municipal Code. Record of the costs of abatement of the hereinbefore referenced nuisances are on file in the City Clerk’s Office and the owners of said real estate have been notified as to the costs incurred and have failed to pay the same within thirty (30) days after receipt of billing from the City requesting payment, to-wit:

Name Work Address Cama # Legal Description Total

GREG D & JENNIFER BARNES

1014 N 7TH ST 3062404015011000 BITTLE'S 2ND ADD, BLOCK 13, S12.5 LT 3 & ALL LT 4

$825.90

JEFFREY TURNER

1022 N C ST 2941903010011000 MCLAUGHLIN'S ADD , BLOCK 7 , Lot 30 & 31 $200.00



$200.00

ASHLEY DILL 113 S 8TH ST 3072503001012010 LOVE'S 1ST ADD, BLOCK 2, Lot 6 - 8 $313.30

FLORENCE ELAINE LIEBHART

1225 S 4TH ST 3073604004004000 SOUTH SIDE ADD #2 , BLOCK 48 , Lot 27 & 28 $550.00

CHRISTOPHER TARRANT

1226 S L ST 2993104001007000 MILL ADD , BLOCK 1 , Lot 15 - 16 $250.00

NORMAN JOHNSON

1313 W OKLAHOMA AVE

3062402025003000 GHENT ADD , BLOCK 2 , Lot 48 - 50 $1,329.12

ROGER HAAG 1407 S C ST 2993103011016000 ENTERPRISE ADD , BLOCK 232 , Lot 27 & 28 $650.00

JEREMIAH & MISTY BIRDWELL

411 S A ST 2993003027010000 ARKANSAS CITY, BLOCK 71, Lot 22&23 $225.00

LORI GUSTIN 514 E VANBUREN PLEASANT VIEW ADD , BLOCK 8 , PT LTS 4-6 BEG W50 FROM SE COR LT 6,N142,W50,S142,E TO POB

$441.35

REGINA PADGETT

717 S C ST 2993102010009000 M R LEONARD'S ADD , BLOCK 170 , Lot 8 $300.00

ADILIS PIMENTAL RIVERA

723 N D ST 2993002003014000 ARKANSAS CITY , BLOCK 25 , LTS 27-28 & S5 LT 29 $350.00

CATHERINE LEMUS

817 S A ST 2993102018018000 CANAL CO'S ADD , BLOCK 163 , Lot 16 $281.00

ENRIQUE CORZA HERNANDEZ

829 S SUMMIT ST 2993102019009000 MATLACK 2ND ADD , BLOCK 1 , Lot 1 - 2 $500.00

RONNIE & TAMMY WAGNER

915 S B ST 2993102022009000 JENKINS & CAMPBELL'S ADD , BLOCK 2 , Lot 17 - 18

$400.00

$6,815.67

SECTION TWO: The City Clerk shall certify to the County Clerk of Cowley County, Kansas, the special assessments and administrative fines(s) levied under Section One of this Ordinance, and the County Clerk shall extend the same on the tax rolls against the property as hereinabove described, and the amount so certified shall be collected the same as ad valorem taxes against said real estate. SECTION THREE: This ordinance, or a summary thereof, shall be published one time in the official city newspaper, and shall take effect and be in force from and after said publication. PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas, on September 17, 2019.

________________________________ Jay Warren, Mayor

ATTEST: ___________________________________ Lesley Shook, City Clerk APPROVED AS TO FORM: ____________________________________ Larry R. Schwartz, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Ordinance No. 2019-09-_________ of the City of Arkansas City, Kansas adopted by the Governing Body on September 17, 2019 as the same appears of record in my office.

DATED:_________________________. __________________________________

Lesley Shook, City Clerk

CERTIFICATE OF SPECIAL ASSESSMENT FOR DEMOLISHING DANGEROUS STRUCTURES AND MAKING THE

PREMISES SAFE AND SECURE

I, Lesley Shook, the duly qualified appointed and acting Clerk of the City of Arkansas City, Kansas, a

Municipal Corporation of the Second Class, do hereby certify that the amounts herein specified are to

be assessed against the real estate as hereinafter described for the purposes of providing funds to pay

the costs incurred by the City of Arkansas City, Kansas for demolishing dangerous structures, thereby

making the premises safe and secure in accordance with K.S.A. 12-1750, et seq. to wit:

Name Work Address Cama # Legal Description Total

JEFFREY TURNER

1023 S B ST 2993102031012000 JENKINS & CAMPBELL'S ADD, BLOCK 3 , Lot 21 - 22

$6,000.00

CHRISTY LILE 1304 S A ST 2993103007003000 ENTERPRISE ADD , BLOCK 228 , Lot 3 & 4 $6,900.00

KEVIN COFFEY

1311 N 8TH ST 3062403001019000 FAIRMOUNT ADD, BLOCK 1, Lot 19 - 20 $4,000.00


328 S 8TH ST 3072504022006000 ARKANSAS CITY , BLOCK 124 , Lot 15 - 16 $2,219.46

$19,119.46

Date effective this 17th day of September, 2019. ______________________________ Lesley Shook, City Clerk Arkansas City, Cowley County, KS STATE OF KANSAS ) COUNTY OF COWLEY ) ss. Subscribed and sworn to before me this _____ day of _______________ 2019. ______________________________ Notary Public My Commission expires:

Item for City Commission Action Section VIII Items 1-10




Title: City Manager Updates Description:

1. The next monthly meeting of Ark City’s Complete Count Committee for the 2020 Census will be at 2:30 p.m. Thursday, September 19 at the Water Treatment Facility, 400 W. Madison Ave.

2. The fifth annual SCKMC Landrush event will start at 9 a.m. Saturday, September 21 on the grounds around South Central Kansas Medical Center, located at 6401 Patterson Pkwy.

3. There will be a forum for candidates for the Cowley College Board of Trustees at 6 p.m. Monday, September 23 in the Wright Room at the college’s Brown Center, 215 S. Second St.

4. Retired Gen. Wesley Clark, a former NATO commander in Europe, will give the Docking Lecture at 11 a.m. Wednesday, Sept. 25 at Southwestern College’s Richardson Arts Center in Winfield.

5. The 44th annual Last Run Car Show will be at Friday, September 27 through Sunday,

September 29 at the Agri-Business Building, located at 712 W. Washington Ave., and in Paris Park.

6. The 2nd annual Downtown Sidewalk Sale will be held in conjunction with the Car Show from 10 a.m. to 3 p.m. Saturday, September 28 in downtown Ark City, with shuttle buses to Paris Park.

7. The National Night Out kickoff party will be from 5 to 8 p.m. Monday, Sept. 30 at Wilson Park.

8. There will be a special Land Bank Board of Trustees meeting at 5:15 p.m. Tuesday, October 1, prior to the regular City Commission meeting, here in the commission room at City Hall.

9. We will try to end that City Commission meeting by 6 p.m. Tuesday, October 1 so that the commissioners can attend some of the National Night Out block parties from 6 to 8:30 p.m.

10. Contract with TranSystems to design Summit Street cost share.

Approved for Agenda by:

City Manager

Fund

1/1/2019

Beginning Cash

Balance Receipts Disbursements

08/31/2019

Ending Cash

Balance Budget Encumbrances

Budget Variance

Favorable (Unfavorable) % Remaining (33%)

01 - GENERAL FUND 1,439,912.08$ 6,900,669.26$ 6,645,880.61$ 1,694,700.73$ 10,817,432$ 196,900.00$ 3,974,651$ 37%

15 - STORMWATER FUND 439,288.03$ 135,803.56$ 389,948.01$ 185,143.58$ 479,784$ 30,907.00$ 58,929$ 12%

16 - WATER FUND 4,363,318.19$ 3,091,561.44$ 3,129,677.74$ 4,325,201.89$ 5,083,836$ 208,177.87$ 1,745,980$ 34%

18 - SEWER FUND 4,004,177.29$ 1,450,866.00$ 866,520.55$ 4,588,522.74$ 3,092,163$ 7,125.00$ 2,218,517$ 72%

19 - SANITATION FUND 1,051,415.81$ 1,060,517.16$ 765,744.41$ 1,346,188.56$ 1,657,519$ 6,152.24$ 885,622$ 53%

20 - SPECIAL RECREATION FUND 26,978.66$ 5,544.16$ 2,900.00$ 29,622.82$ 24,102$ -$ 21,202$ 88%

21 - SPECIAL STREET FUND 487,931.18$ 395,360.17$ 73,824.57$ 809,466.78$ 787,506$ 40,819.50$ 672,862$ 85%

23 - TOURISM/CONVENTION FUND 19,690.52$ 101,850.21$ 101,452.35$ 20,088.38$ 120,962$ -$ 19,510$ 16%

26 - SPECIAL ALCOHOL FUND 84,206.93$ 10,144.16$ 7,851.29$ 86,499.80$ 20,000$ -$ 12,149$ 61%

27 - PUBLIC LIBRARY FUND -$ 315,557.84$ 315,557.84$ -$ 371,600$ -$ 56,042$ 15%

29 -SPECIAL LAW ENF TRUST FUND 16,197.23$ 8,515.67$ 17,438.74$ 7,274.16$ Not a budgeted fund

31 - LAND BANK FUND -$ -$ -$ -$ 3,500$ -$ 3,500$ 100%

42 - HOSPITAL IMPROVEMENT FUND 1,463,800.00$ 447,664.86$ 1,911,464.86$ -$ 2,160,000$ -$ 248,535$ 12%

43 - BOND & INTEREST FUND 80,853.69$ 587,067.97$ 36,065.00$ 631,856.66$ 1,202,230$ -$ 1,166,165$ 97%

44 - HEALTHCARE SALES TAX FUND -$ 3,960,163.91$ 3,960,163.91$ -$ -$ -$ (3,960,164)$

45 - UNPLEDGED HEALTHCARE SALES TAX FUND -$ 48,374.94$ -$ 48,374.94$ -$ -$ -$

51 - DRUG TASK FORCE FUND 37,808.26$ 1,131.46$ 10,011.10$ 28,928.62$ Not a budgeted fund

53 - MUNICIPAL COURT FUND 17,624.62$ 2,057.79$ 8,036.88$ 11,645.53$ Not a budgeted fund

54 - EQUIPMENT RESERVE FUND 200,946.02$ -$ -$ 200,946.02$ Not a budgeted fund

57 - CID SALES TAX FUND 3,951.30$ 34,409.06$ 38,360.36$ -$ 50,000$ -$ 11,640$ 23%

68 - CAPITAL IMPROVEMENT FUND 1,200,158.46$ 641,359.15$ 137,096.96$ 1,704,420.65$ Not a budgeted fund

TOTALS 14,938,258.27$ 19,198,618.77$ 18,417,995.18$ 15,718,881.86$ 25,870,634$

INDEBTEDNESS:

GO SERIES 2009A BONDS 235,000$

GO SERIES 2013A BONDS 3,260,000$

KDHE WATER LOAN #2649 545,849$

KDHE WATER LOAN #2813 20,721,620$

2013 PUMPER FIRE TRUCK LEASE 221,513$

2019 FERRARA PUMPER TRUCK LEASE 558,360$

TOTAL 25,542,342$

Note: Information is Unaudited

CITY OF ARKANSAS CITY, KANSAS

FINANCIAL SUMMARY

Year-To-Date Ending August 31, 2019

Cash Summary Budget Summary