city of arkansas city board of city commissioners · 2019-08-02 · city commission of arkansas...

City of Arkansas City Board of City Commissioners

Agenda

Regular Meeting Tuesday, August 6, 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. Arkansas City Area Complete Count Committee Proclamation

III. Recognition of Visitors 1. Jim Sybrant

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 be considered separately under Section VII: New Business.

1. Approve the July 16, 2019, regular meeting and July 23, 2019, special meeting minutes as

written. 2. Approve a Resolution adopting the 2019 Kansas Homeland Security Region G Hazard Mitigation

Plan. VI. Old Business

1. Hold a public hearing to receive public comment regarding the proposed 2020 Budget. (Optional) Consider first reading of an Ordinance adopting the 2020 Budget for the

City of Arkansas City. (Roll Call Vote) VII. New Business

1. Compass Point Addition Change Orders: a. Consider a Resolution authorizing the City of Arkansas City to enter into Change Order

Agreement No. 1 with Mies Construction, of Wichita, regarding the Compass Point Addition sanitary sewer system, for an amount not to exceed $11,460.00. (Voice Vote)

b. Consider a Resolution authorizing the City of Arkansas City to enter into Change Order Agreement No. 2 with Mies Construction, of Wichita, regarding Compass Point Addition water mains, for an amount not to exceed $8,550.00. (Voice Vote)

2. Consider first reading of an Ordinance modifying Municipal Code Part II, Chapters 2, 18, 26, 42, 46, 54 and 62, concerning City boards and City departments, as well as Chapter 14, amending the 2015 International Residential Code and references to the Neighborhood Services Division, and modifying Municipal Code to so reflect. (Roll Call Vote)

VIII. City Manager Updates

1. Cowley College Education Center grand opening 2. Lt. Governor to visit Arkansas City 3. RISE Cowley coalition meeting 4. Cowley County Legislative Committee meeting 5. Cowley County Commission meeting 6. City Hall Selfie Day 7. City Commission study session

IX. Other Business

1. Reports: a. City Advisory Board Reports

X. Adjournment

Office of the Mayor

Arkansas City, Kansas

Proclamation WHEREAS, the U.S. Census Bureau is required by the United States Constitution to conduct a count of the population, providing a historic opportunity to help to shape the foundation of our society and play an active role in American democracy; and

WHEREAS, the Census is vital to our community in that the data ensure fair Congressional representation by determining how many seats each state will have in the U.S. House of Representatives, as well as playing a role in the redistricting of state Legislature, county and city councils, and voting districts; and

WHEREAS, the Census also is used to help to determine where to locate schools, day care centers, senior citizens centers, hospitals, health services, stores, restaurants and other facilities, and is used to make decisions concerning business growth and jobs; and

WHEREAS, accurate Census information is absolutely critical to planning for the future growth, development and social needs of Arkansas City; and

WHEREAS, decisions about billions of dollars in state and federal funding for social and other programs are made, in part, based on Census data; and

WHEREAS, citizens’ Census information is confidential and federal law prohibits any public or private agency from gaining access to this data.

NOW, THEREFORE, I, Jay Warren, Mayor of the City of Arkansas City, Kansas, do hereby proclaim the City of Arkansas City to be a

CENSUS 2020 PARTNER

and reaffirm that we are committed to ensuring each and every resident is counted accurately. It is our privilege to partner with the U.S. Census Bureau and our other area partners on the Arkansas City Area Complete Count Committee to achieve an accurate and complete count in the 2020 Census.

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

__________________________________

Name/Title: Jay Warren, Mayor Date: August 6, 2019

Item for City Commission Action Section V Item 1

Meeting Date 8/6/2019

Department/Division City Manager

Staff Contact Andrew Lawson

Title: Consent Agenda Item: Approve the July 16, 2019, regular meeting and July 23, 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 – Regular Meeting Minutes

July 16, 2019 Page 1

The Arkansas City Board of City Commissioners met in regular session at 5:30 p.m. Tuesday, July 16, 2019, in the Commission Room at City Hall, located at 118 W. Central Ave. in Arkansas City. Vice Mayor Karen Welch called the meeting to order. Commissioners also present at roll call were Kanyon Gingher, Dan Jurkovich and Duane L. Oestmann. Mayor Jay Warren was absent. City employees present were City Manager Nick Hernandez, City Attorney Tamara Niles, Public Information Officer Andrew Lawson, Finance Director Kathy Cornwell, Public Works Director Mike Crandall, Environmental Services Superintendent Rod Philo, Water Treatment Facility Supervisor Mike Frank, Fire Chief Bobby Wolfe, EMS Director Jeri Smith, Police Chief Dan Ward, Arkansas City Police Department Capt. Jim Holloway, ACPD Administrative Assistant Jeni McGee, Building Official Mike Bellis and Human Resources Manager Marla McFarland. Citizens in attendance were Beverly Frank, Ken Harader, Jennifer Pearman, Travis Pearman and Cowley CourierTraveler reporter John Shelman. The Equal Opportunity and Accessibility Advisory Board was represented by members JoAnn Bierle, Frances “Rags” Smith and Anita Judd-Jenkins. AAA Kansas was represented by Shawn Stewart. The Kansas Department of Transportation (KDOT) was represented by Traffic Safety Law Enforcement Liaison Troy Wells. The Kansas Rural Water Association (KRWA) was represented by consultant Pat McCool. Commissioner Jurkovich offered the opening prayer. Vice Mayor Welch led the pledge of allegiance. Agenda Approval At City Manager Hernandez’s request, Commissioner Oestmann made a motion to amend the agenda by adding an ordinance exempting alcohol consumption at South Central Kansas Medical Center as Item 4 of New Business. Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Welch declared the agenda approved as amended. Awards and Proclamations AAA Kansas’ Shawn Stewart presented the 2018 AAA Traffic Safety Platinum Award to Police Chief Ward and ACPD Capt. Jim Holloway on behalf of the Arkansas City Police Department. It is the eighth consecutive year in which ACPD has received an AAA Traffic Safety Award. This also is ACPD’s third consecutive Platinum Award, the highest such award that AAA offers. Stewart acknowledged ACPD’s efforts regarding the annual bicycle rodeo, Cowley County Health and Safety Fair, DARE Camp, educational pamphlets, safety tips on Facebook, rollover crash demonstrations, seat belt and other special traffic enforcement efforts, and bicycle patrol.



ACPD is in its ninth year of the Seatbelts Are For Everyone campaign and all of its officers are required to wear seat belts. Ward said the Traffic Safety Committee is a huge part of this award. KRWA consultant Pat McCool presented the 2019 “Best Tasting Water in Kansas” Award to Environmental Services Superintendent Philo and Water Treatment Facility Supervisor Frank on behalf of the Arkansas City Public Works Department. A blind taste test determined the award. A sample of water from Arkansas City will be submitted in February 2020 in the Great American Water Taste Test, held at the National Rural Water Association’s annual rally in Washington, D.C. Vice Mayor Welch issued a proclamation that July 26, 2019, is National Disability Independence Day in Arkansas City. JoAnn Bierle, Rags Smith and Anita Judd-Jenkins received the proclamation on behalf of the Arkansas City Equal Opportunity and Accessibility Advisory Board. Consent Agenda Commissioner Oestmann made a motion to approve the consent agenda, including the following:

1. Approving the July 2, 2019, regular meeting minutes as written. 2. Approving Resolution No. 2019-07-3265, authorizing a public meeting of the Governing

Body to attend a special City Commission meeting at 5:30 p.m. Tuesday, July 23, 2019, in the Commission Room at City Hall, located at 118 W. Central Ave. in Arkansas City.

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

Dangerous Structures Hearing Resolution No. 2019-07-3266

Public Information Officer Lawson presented for discussion a public hearing and a resolution declaring structures located at 309 N. Second St., 514 E. Van Buren Ave., 624 North C St., and 817 South A St. as unsafe and dangerous. Building Official Bellis showed pictures of each structure and offered his professional testimony. Commissioner Jurkovich made a motion to declare the garage at 309 N. Second St. as unsafe and dangerous. Commissioner Gingher asked if the house is occupied. Bellis said it was not currently. Commissioner Oestmann seconded the motion, but no vote was taken after City Attorney Niles objected, asking commissioners to vote on all four properties at the same time using the resolution.



City Manager Hernandez asked Bellis if any property owners had made arrangements to address their issues. Bellis said the owner of 817 South A St. had pulled a remodeling permit, but had not started any work yet on the structure. City Attorney Niles said the tenant had been prosecuted in Arkansas City Municipal Court for the observed violations regarding animals on the premises. Vice Mayor Welch opened a public hearing on the four properties. No one from the public spoke. Vice Mayor Welch closed the public hearing. Commissioner Jurkovich made a motion to approve the resolution. Commissioner Gingher seconded the motion. A voice vote was unanimous in favor. Vice Mayor Welch declared the motion approved and given Resolution No. 2019-07-3266. New Business

Compass Point Addition Streets and Stormwater

Public Information Officer Lawson presented for discussion the bid and bonds from APAC-Kansas, Inc., Shears Division, of Hutchinson, to construct street and stormwater improvements for Compass Point Addition, for an amount not to exceed $561,176.80. Public Works Director Crandall said pavement will be installed and constructed on three new roads — 10th Street, 11th Street and Compass Point Drive — with drainage to be installed where necessary. A Moderate Income Housing grant previously received by the City will pay for $400,000.00 of the street costs. The City will be reimbursed for the remaining amount through special assessments. Commissioner Oestmann made a motion to approve the bid and bonds from APAC-Kansas, Inc., Shears Division, of Hutchinson, for an amount not to exceed $561,176.80. Vice Mayor Welch seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Welch declared the motion approved.

Amending the Pay Ordinance Ordinance No. 2019-07-4493

Public Information Officer Lawson presented for discussion a first reading of an ordinance fixing the compensation of City employees, pursuant to the provision of K.S.A. 14-1501 et seq., and repealing Ordinance No. 2019-02-4482. Human Resources Manager McFarland said the changes include increasing the Water Distribution & Collection Supervisor, Water Treatment Facility Supervisor and Wastewater Treatment Plant Supervisor positions to Pay Range 27.



The other portion of the ordinance is an organizational restructuring that will consist of dividing the Public Works Department into two distinct and separate departments. The new departments will be the Public Services Department, which will consist of the Parks and Facilities, Street and Stormwater, and Sanitation Divisions; and the Environmental Services Department, consisting of Water Distribution and Collection, Water Treatment Facility, and Wastewater Treatment Plant. The Public Services Department will be led by the Public Services Superintendent and the Environmental Services Department will be led by the Environmental Services Superintendent. McFarland said staff is recommending the elimination of both the Public Works Director position (Pay Range 37) and the Parks & Facilities Director position (Pay Range 34). She also recommends modifying the Public Services Superintendent position to oversee the Parks and Facilities, Street and Stormwater, and Sanitation Divisions. It will be a full-time salaried, exempt position at Pay Range 37. She said Parks & Facilities Director Tony Tapia will take this job. City Manager Hernandez recommended the addition of a Management Assistant position to the City Manager Department and said Public Works Director Mike Crandall will take on this new role. This position will be responsible for management support to the City Manager and the entire management team. These duties will include, but are not limited to, the performance of professional administrative work, research and analysis. This position also will perform research and/or studies or lead major organizational projects as directed by the City Manager, in addition to the preparation of reports and other necessary correspondence. This will be a part-time (approximately 30 hours per week) salaried, exempt position at Pay Range 24. Hernandez said these changes will save $49,845.00 overall and become effective July 20, 2019. Commissioner Gingher made a motion to approve the ordinance. Vice Mayor Welch seconded the motion. A roll call vote was unanimous in favor of the motion. Vice Mayor Welch declared the motion approved and given Ordinance No. 2019-07-4493.

Purchase of 2019 Ambulance Resolution No. 2019-07-3267

Public Information Officer Lawson presented for discussion a resolution authorizing the City to purchase a 2020 Ford E-450 Ambulance in 2019 from Emergency Services Supply / Osage Ambulances, of Jefferson City, Missouri, for an amount not to exceed $196,900.00. EMS Director Smith said the Fire-EMS Department is requesting the purchase of a 2020 Ford E-450 Ambulance in 2019 to replace Medic 57, a 2012 Ford E-450 Ambulance that has 89,421 miles on it.



The patient module on the 2012 E-450 originally was manufactured in 1998 and remounted on a 2012 chassis. Smith said crews report multiple problems with the electronics in the patient module. Medic 57 originally was scheduled to be replaced in March 2017. The typical life of an ambulance remount is five years. The patient compartment on this unit is old and worn out, and does not meet current safety standards. A new ambulance’s life is usually about eight years, depending on wear. Smith said all but one ambulance in ACFD’s fleet has been manufactured by Emergency Services Supply / Osage, which builds to ACFD’s specifications and provides excellent customer service. Commissioner Jurkovich made a motion to approve the resolution. Commissioner Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Welch declared the motion approved and given Resolution No. 2019-07-3267.

Purchase of 2020 Ambulance Resolution No. 2019-07-3268

City Manager Hernandez presented for discussion a resolution authorizing the City to purchase a 2020 Ford E-450 Ambulance in 2020 from Emergency Services Supply / Osage Ambulances, of Jefferson City, Missouri, for an amount not to exceed $208,300.00. EMS Director Smith said ACFD is requesting the purchase of a 2020 Ford E-450 Ambulance in 2020 to replace Medic 55, a 2013 Ford E-450 Ambulance that has 69,252 miles on it. The patient module on the 2013 E-450 originally was manufactured in 2003 and remounted on a 2013 chassis. Medic 55 originally was scheduled to be replaced in March 2018. Hernandez said approval of this purchase in the 2020 budget is being requested now because manufacturers are 300 to 330 days out on ambulance builds. This build is expected to be complete in late spring or early summer of 2020. Commissioner Oestmann made a motion to approve the resolution. Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Welch declared the motion approved and given Resolution No. 2019-07-3268.

SCKMC Alcohol Ordinance Ordinance No. 2019-07-4494

Public Information Officer Lawson 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 during a physician recruitment event from 6:30 to 9 p.m. Friday, July 19, 2019.



City Manager Hernandez said SCKMC requested the exemption only to serve alcohol, not to sell it. All laws concerning the legal drinking age and confining drinking to the designated premises still are in effect. Lawson said the ordinance exempts only SCKMC’s Outpatient Services Building. Commissioner Oestmann made a motion to approve the ordinance. Commissioner Gingher seconded the motion. A roll call vote was unanimous in favor of the motion. Vice Mayor Welch declared the motion approved and given Ordinance No. 2019-07-4494. City Manager Updates City Manager Hernandez provided the commissioners with the following reminders and updates:

• There will be a special City Commission meeting at 5:30 p.m. July 23 in the commission room at City Hall to discuss and schedule a public hearing for the 2020 budget. He indicated a resolution concerning SCKMC special assessments also might be considered during this meeting. (Note: This item later was removed from the July 23 agenda.)

• The Cowley County Democrats will host an informative agriculture forum at 2 p.m. July 27 in the conference room at the Water Treatment Facility, located at 400 W. Madison Ave.

• The Alzheimer’s Awareness Benefit, sponsored by DiVall Liquor’s 50th anniversary celebration and other sponsors, will be from 3 p.m. to midnight July 27 at Wilson Park.

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

• The next City Commission study session will be at noon August 2 in Hernandez’s office at City Hall. Commissioners will discuss the agenda for their regular meeting on August 6.

• The dedication of the Sgt. Kevin A. Gilbertson Memorial Bridge (South Summit Street bridge) will be at 11 a.m. August 3 at 31333 61st Lane, just southeast of the bridge. Police Chief Ward said his department will provide an escort through the city for any dignitaries. Hernandez clarified that the late Sgt. Gilbertson was not an Arkansas City native.

• The City Commission study session currently scheduled for noon August 16 conflicts with a previously scheduled SCKMC Board of Trustees work session at the same time. Hernandez said a decision on whether or not to cancel the study session will be made a later time.

• The sale of and closing documents for Arkansas City Public Building Commission Refunding Revenue Bonds, Series 2019, will be finalized July 23, according to Hernandez.

Adjournment Commissioner Jurkovich made a motion to adjourn the meeting. Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Vice Mayor Welch declared the meeting adjourned at 6:28 p.m.



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

City Commission of Arkansas City — Special Meeting Minutes


The Arkansas City Board of City Commissioners met in special session at 5:30 p.m. Tuesday, July 23, 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 Commissioners Kanyon Gingher, Dan Jurkovich, Duane L. Oestmann and Karen Welch. City employees present were City Manager Nick Hernandez, Public Information Officer Andrew Lawson, Finance Director Kathy Cornwell, City Treasurer Jennifer Waggoner, Fire Chief Bobby Wolfe, Police Chief Dan Ward, Environmental Services Superintendent Rod Philo, Human Resources Manager Marla McFarland and Management Assistant Mike Crandall. Citizens in attendance were Joyce Creel, Jennifer Pearman and Travis Pearman. Agenda Approval At City Manager Hernandez’s request, Mayor Warren made a motion to amend the agenda by deleting discussion of a resolution regarding South Central Kansas Medical Center (SCKMC) special assessments and replacing it as Item 2 of Business with a 20-minute executive session. Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the agenda amended. Commissioner Welch made a motion to approve the agenda as amended. Commissioner Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the agenda approved. Business

Notice of Budget Hearing Resolution No. 2019-07-3269

Mayor Warren presented for discussion a resolution approving the Notice of Budget Hearing for publication and setting the date for a public hearing to consider the 2020 budget for the City. City Manager Hernandez handed out state budget forms and a list of funding requests for external agencies. He said the current projected budget does include a 1-percent cost-of-living adjustment. Finance Director Cornwell provided an illustrated explanation of how the repayment of the Public Building Commission Series 2019 bonds will occur and how compensating use tax will be divided. After a lengthy debate about whether to apportion more compensating use tax to SCKMC in 2019, commissioners decided not to do so because it would have required additional budget cuts in 2019.



Not making those cuts would have reduced the projected cash balance at the end of this year, which could violate guarantees that the City made to S&P Global Ratings about the City’s financial status. The commissioners directed staff to raise the projected mill levy to as close as 2019 levels as possible. City Treasurer Waggoner said this would generate an additional $48,500.00 and asked where the commission wanted to direct those funds. It was decided to devote that money to streets. The current budget funds all external agency requests in the full amounts each entity requested. Commissioner Jurkovich made a motion to approve the resolution, with maximum 2020 expenditures of $35,919,524.00 and a maximum total tax levy of $3,937,923.00 (or a projected levy of 69.971 mills), and schedule the public hearing for 5:30 p.m. August 6 in the commission room. Mayor Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the resolution approved and given Resolution No. 2019-07-3269.

Executive Sessions Commissioner Welch 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 Oestmann 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 Jurkovich made a motion to recess into an additional five-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 7:40 p.m. Commissioner Welch 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 7:40 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 Jurkovich 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

Item for City Commission Action Section V Item 2


Department/Division City Manager / Neighborhood Services

Staff Contacts Mike Crandall / Bob Frazee

Title: Consent Agenda Item: Approve a Resolution adopting the 2019 Kansas Homeland Security Region G Hazard Mitigation Plan. Description: In order to continue to be eligible for hazard mitigation grant funding under the U.S. Disaster Mitigation Act of 2000, and in concert with both the Federal Emergency Management Agency (FEMA) and Kansas Division of Emergency Management (KDEM), the City must adopt a revised Hazard Mitigation Plan (“Plan”) every five (5) years. This last was done on October 21, 2014, via Resolution No. 2014-10-2931. The Cowley County Commission adopted this Plan on July 16, 2019, and requests that all other local jurisdictions within the County (including Arkansas City) also now approve it within a timely manner. At 592 pages, the Plan is far too large for inclusion in this packet, but a partially redacted final draft copy of the Plan can be viewed in its entirety at http://www.cowleycounty.org/wp-content/uploads/April-2019-Kansas-PUBLIC-Region-G-Hazard-Mitigation-Plan.pdf. This is a partially redacted Plan, with critical facility and other sensitive information removed for security reasons. For an un-redacted copy of the Plan, commissioners should contact Cowley County Emergency Management at [email protected]. (Note: Arkansas City and Cowley County are part of FEMA Region VII and KDEM Region G.) Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration. Approved for Agenda by:

City Manager

http://www.cowleycounty.org/wp-content/uploads/April-2019-Kansas-PUBLIC-Region-G-Hazard-Mitigation-Plan.pdf

http://www.cowleycounty.org/wp-content/uploads/April-2019-Kansas-PUBLIC-Region-G-Hazard-Mitigation-Plan.pdf

mailto:[email protected]

RESOLUTION NO. 2019-08-____ A RESOLUTION ADOPTING THE 2019 KANSAS HOMELAND SECURITY REGION G HAZARD MITIGATION PLAN. WHEREAS, the Governing Body of the City of Arkansas City, Kansas, recognizes the threat that natural hazards pose to people and property within our community; and WHEREAS, undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occurrences; and WHEREAS, the United States Congress passed the Disaster Mitigation Act of 2000 (“Disaster Mitigation Act”), emphasizing the need for pre-disaster mitigation of potential hazards; and WHEREAS, the Disaster Mitigation Act made hazard mitigation grants available to state and local governments; and WHEREAS, an adopted Hazard Mitigation Plan is required as a condition of future funding for mitigation projects under multiple U.S. Federal Emergency Management Agency (FEMA) pre- and post-disaster mitigation grant programs; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, fully participated in the FEMA-prescribed mitigation planning process to prepare this Multi-Hazard Mitigation Plan; and WHEREAS, the Kansas Division of Emergency Management (KDEM) and FEMA Region VII officials have reviewed the Kansas Homeland Security Region G Hazard Mitigation Plan, and approved it contingent upon this official adoption by the Governing Body of the City of Arkansas City, Kansas; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, desires to comply with the requirements of the Disaster Mitigation Act and to augment its emergency planning efforts by formally adopting the Kansas Homeland Security Region G Hazard Mitigation Plan; and WHEREAS, adoption by the Governing Body of the City of Arkansas City, Kansas, demonstrates the City’s commitment to fulfilling the mitigation goals and objectives outlined in this plan; and WHEREAS, adoption of this Resolution legitimizes the plan and authorizes responsible agencies to carry out their responsibilities under the plan. 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 adopts the Kansas Homeland Security Region G Hazard Mitigation Plan as an official plan of the City of Arkansas City, Kansas. SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, will submit this Adoption Resolution to the Kansas Division of Emergency Management and FEMA Region VII officials to enable the plan’s final approval. SECTION THREE: 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.

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 6th day of August, 2019. (Seal) Jay Warren, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM: Tamara L. Niles, City Attorney

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2019-08-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on August 6, 2019, as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

Item for City Commission Action Section VI Item 1


Department/Division Finance

Staff Contact Kathy Cornwell Finance Director

Title:

1) Hold a public hearing to receive public comment regarding the proposed 2020 budget.

(Optional) Consider first reading of an Ordinance adopting the 2020 Budget for the City of Arkansas City. (Roll Call Vote)

Description: The final two steps of the budget process is to hold the public hearing and adopt the budget. August 15 is the final date to hold the public hearing and the budget must be adopted and certified to the County Clerk on or before August 25. Kansas State Statute requires a public hearing be held at least 10 days after the publication of Notice of Hearing is published in the official City paper. The Notice of Hearing for the 2020 budget was published in The Cowley Courier Traveler on July 26, 2019. The public hearing is held to allow taxpayers an opportunity to be heard regaring the proposed budget. The publication sets the maximum amount of expenditures and amount of ad valorem tax to be levied. The adopted budget cannot be more than the published budget in any fund.

Commission Options:

The Commission has the following options: 1. Hold the public hearing and then approve the budget either as presented or as modified. 2. Hold the public hearing. Have further discussion on the budget at another (special) meeting on

or before August 20, 2019 at which time the ordinance would be approved and the budget would be adopted.

3. Open the public hearing and then continue the public hearing to another date (special meeting) to allow for additional public input (on or before August 20, 2019) at which time the ordinance would be approved and the budget would be adopted.

Fiscal Impact:

Amount: None Fund: Department: Expense Code:

Included in budget Grant Bonds Other (explain)

Approved for Agenda by:

City Manager

ORDINANCE NO. 2019-08- APPROVING, ADOPTING, AND APPROPRIATING BY FUND THE BUDGET FOR THE CITY OF ARKANSAS CITY FOR THE YEAR BEGINNING JANUARY 1, 2020. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY: SECTION ONE: The proposed budget and financial statement as shown on the Standard State Budget Forms and subsequent to Notice of Hearing and Public Hearing is approved, adopted and appropriated by fund as the maximum amount to be expended for the budget year starting January 1, 2020; and SECTION TWO: The governing body certifies that the amounts to be raised by Ad Valorem Property Tax Levies are within statutory or duly adopted Charter Ordinance Limitations.

SECTION THREE: The City Clerk shall cause this Ordinance to be published one time in the official City newspaper, and said Ordinance shall be in effect upon publication. PASSED AND APPROVED by the Governing Body of the City of Arkansas City, Kansas, this 6th day of August, 2019. __________________________ Jay Warren, Mayor ATTEST: ________________________________ Lesley Shook, City Clerk

Funds

Adopted Budget

of Expenditures

Amount of 2019 Tax to be Levied

General

10,421,915

2,984,018 Debt Service

821,110

616,237

Library

373,900

337,668 Special Highway 21

738,900

Special Recreation 20

27,632 Tourism 23

158,729

Special Alcohol 26

70,000 Land Bank 31

3,500

Hospital Improvement 42 0 CID Sales Tax 57 50,000 Stormwater 15

272,721

Water 16

5,188,918 Sewer 18

14,216,503

Sanitation 19

1,607,696 Healthcare Sales Tax 44

1,640,600

Unpledged Healthcare Sales Tax 45 327,400

Total All Funds

$35,919,524

$3,937,923

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Ordinance No. 2019-08-_____ of the City of Arkansas City, Kansas adopted by the governing body on August 6, 2019. DATED: _________________ Lesley Shook, City Clerk

State of Kansas

City

CERTIFICATE 2020

We, the undersigned, officers of

certify that: (1) the hearing mentioned in the attached publication was held;

(2) after the Budget Hearing this budget was duly approved and adopted as the

maximum expenditures for the various funds for the year 2020; and

(3) the Amounts(s) of 2019 Ad Valorem Tax are within statutory limitations.

2020 Adopted Budget

Amount of 2019 County

PageBudget Authority Ad Valorem Clerk's

Table of Contents: No. for Expenditures Tax Use Only

Computation to Determine Limit for 2020 2

Allocation of MVT, RVT, 16/20M Veh Tax 3

Schedule of Transfers 4

Statement of Indebtedness 5

Statement of Lease-Purchases 6

Computation to Determine State Library Grant7

Fund K.S.A.

General 12-101a 8 10,421,915 2,984,018

Debt Service 10-113 9 821,110 616,237

Library 12-1220 9 373,900 337,668

Special Highway 10 738,900

Special Recreation 20 10 27,632

Tourism 23 11 158,729

Special Alcohol 26 11 70,000

Land Bank 31 12 3,500

Hospital Improvement 42 12 0

CID Sales Tax 57 13 50,000

Stormwater 15 13 272,721

Water 16 14 5,188,918

Sewer 18 14 14,216,503

Sanitation 19 15 1,607,696

Healthcare Sales Tax Fund 44 16 1,640,600

Unpledged Healthcare Sales Tax Fund 45 16 327,400

Non-Budgeted Funds-A 17

Totals xxxxx 35,919,524 3,937,923

County Clerk's Use Only

Budget Summary 18

Neighborhood Revitalization Rebate

Tax Lid Limit (from Computation Tab) 3,949,019

Does the City need to hold an election? NO

Assisted by:

Address:

Email:

Attest:_____________________, 2019

County Clerk

CPA Summary

To the Clerk of Cowley County, State of Kansas

City of Arkansas City

Nov 1, 2019 Total

Assessed Valuation

Governing Body

Page No. 1

State of Kansas

City

City of Arkansas City 2020

FUND PAGE FOR FUNDS WITH A TAX LEVY

Adopted Budget Prior Year Current Year Proposed Budget

General Actual for 2018 Estimate for 2019 Year for 2020

Unencumbered Cash Balance Jan 1 904,617 944,934 965,120

Receipts:

Ad Valorem Tax 2,456,927 2,839,479 xxxxxxxxxxxxxxxxxx

Delinquent Tax 76,315 87,000 75,000

Motor Vehicle Tax 335,054 385,866 420,978

Recreational Vehicle Tax 3,111 3,912 4,105

16/20M Vehicle Tax 6,096 2,914 3,302

Commercial Vehicle Tax 0 0 7,103

Watercraft Tax 0 0 0

Gross Earning (Intangible) Tax 0 0 0

LAVTR 0 0 0

In Lieu of Tax 908 0 0

Local Alcoholic Liquor 11,908 12,757 11,998

Compensating Use Tax 580,589 600,000 303,000

Local Sales Tax 1,576,308 1,605,000 1,580,000

Franchise Tax 1,225,236 1,158,000 1,184,000

Current Special Assessments 18,091 30,000 30,000

Grants 44,167 279,700 13,600

Licenses & Permits 153,119 156,100 95,400

Charges for Service 19,960 19,000 19,500

Rural Fire Contracts 350,742 350,000 350,000

County Ambulance Fees 176,497 176,500 176,500

Other Ambulance Fees 651,483 625,000 625,000

Fines, Forfeitures and Penalties 413,472 449,460 445,500

Use of Money and Property 50,645 50,000 45,200

Other Receipts 298,245 301,004 143,500

Transfers:

Transfer from Water 400,000 400,000 400,000

Transfer from Sewer 550,000 550,000 550,000

Transfer from Sanitation 200,000 200,000 200,000

In Lieu of Taxes (IRB)

Interest on Idle Funds 36,296 40,000 40,000

Neighborhood Revitalization Rebate -68,972 -90,000 -150,000

Miscellaneous

Does miscellaneous exceed 10% Total Rec

Total Receipts 9,566,197 10,231,692 6,573,686

Resources Available: 10,470,814 11,176,626 7,538,806

Page No. 8

State of Kansas

City


FUND PAGE - GENERAL


General Actual for 2018 Estimate for 2019 Year for 2020


Expenditures:

General & Administration 1,234,001 1,224,350 1,304,900

Court & Legal 203,972 203,443 200,241

Fire/EMS Department 2,681,479 2,772,939 2,912,115

Police Department 2,827,941 3,000,389 3,057,815

Neighborhood Services 337,635 330,942 314,135

Parks & Facilities 1,262,559 1,320,447 1,088,759

Public Works Admin / Streets 689,192 751,489 835,536

Northwest Community Center 54,723 92,952 63,774

Senior Center 226,814 248,397 265,640

Subtotal detail (Should agree with detail) 9,518,316 9,945,348 10,042,915

Emergency Reserve 0 0 300,000

Transfer to CIP 7,564 0 0

Hospital Special Assessment Reimbursement 0 266,158 0

Appropriation to PBC Debt (Per Bond Docs) 0 0 79,000

Cash Forward (2020 column)

Miscellaneous

Does miscellaneous exceed 10% Total Exp

Total Expenditures 9,525,880 10,211,506 10,421,915

Unencumbered Cash Balance Dec 31 944,934 965,120 xxxxxxxxxxxxxxxxxx

2018/2019/2020 Budget Authority Amount: 10,558,582 10,817,432 10,421,915

10,421,915

Tax Required 2,883,109

Delinquent Comp Rate: 3.5% 100,909

2,984,018

CPA Summary

Page No. 8a

Non-Appropriated Balance

Total Expenditure/Non-Appr Balance

Amount of 2019 Ad Valorem Tax

State of Kansas

City



General Fund - Detail Page 1 Actual for 2018 Estimate for 2019 Year for 2020

Expenditures:

General & Administration

Personnel 842,247 886,604 911,110

Contractual 317,517 287,646 332,840

Commodities 46,565 31,200 30,500

Capital Outlay 27,672 18,900 30,450

Total 1,234,001 1,224,350 1,304,900

Court & Legal

Personnel 134,998 139,851 143,161

Contractual 64,714 58,830 52,330

Commodities 1,577 1,250 1,250

Capital Outlay 2,683 3,512 3,500

Total 203,972 203,443 200,241

Fire/EMS Department

Personnel 1,913,608 1,967,639 2,168,015

Contractual 93,895 100,450 102,750

Commodities 144,297 186,950 199,550

Capital Outlay 462,770 377,900 301,800

Debt Service 66,909 140,000 140,000

Total 2,681,479 2,772,939 2,912,115

Police Department

Personnel 2,373,811 2,560,589 2,584,215

Contractual 117,159 117,600 122,200

Commodities 107,694 114,500 133,500

Capital Outlay 229,277 207,700 217,900

Total 2,827,941 3,000,389 3,057,815

Neighborhood Services

Personnel 196,698 208,842 210,685

Contractual 46,799 26,400 26,400

Commodities 62,881 65,050 73,050

Capital Outlay 31,257 30,650 4,000

Total 337,635 330,942 314,135

Parks & Facilities

Personnel 553,469 611,447 543,259

Contractual 140,856 157,950 170,050

Commodities 171,977 232,050 257,450

Capital Outlay 396,257 319,000 118,000

Total 1,262,559 1,320,447 1,088,759

Page 1 - Total 8,547,587 8,852,510 8,877,965

Page No. 8b

State of Kansas

City



General Fund - Detail Page 2 Actual for 2018 Estimate for 2019 Year for 2020

Expenditures:

Public Works Admin / Streets

Personnel 347,101 408,189 435,236

Contractual 263,032 268,500 316,200

Commodities 77,805 72,500 82,100

Capital Outlay 1,254 2,300 2,000

Total 689,192 751,489 835,536

Northwest Community Center

Personnel 44,084 46,652 46,474

Contractual 7,882 9,250 10,000

Commodities 2,757 36,000 6,250

Capital Outlay 0 1,050 1,050

Total 54,723 92,952 63,774

Senior Center

Personnel 182,781 190,347 200,390

Contractual 23,437 30,400 33,700

Commodities 20,373 26,450 30,350


Total 226,814 248,397 265,640

Page 2 -Total 970,729 1,092,838 1,164,950

Page 1 -Total 8,547,587 8,852,510 8,877,965

Grand Total 9,518,316 9,945,348 10,042,915

(Note: Should agree with general sub-totals.)

Page No. 8c

State of Kansas

City


FUND PAGE FOR FUNDS WITH A TAX LEVY


Debt Service Actual for 2018 Estimate for 2019 Year for 2020


Receipts:

Ad Valorem Tax 751,338 574,566 xxxxxxxxxxxxxxxxx

Delinquent Tax 27,659 30,000 28,000


Recreational Vehicle Tax 1,203 1,199 831

16/20M Vehicle Tax 2,645 894 668

Commercial Vehicle Tax 0 1,437

Watercraft Tax 0

Transfer from Water Fund 75,000 75,000 0

Transfer from Sewer Fund 75,000 75,000 0

Interest on Idle Funds


Miscellaneous


Total Receipts 1,041,465 852,967 94,121

Resources Available: 1,205,939 933,821 225,712

Expenditures:

Debt Service Principal 1,025,000 730,000 515,000

Debt Service Interest 100,085 72,130 56,010

Postage 0 100 100

Cash Basis Reserve (2020 column) 250,000

Miscellaneous

Does miscellanous exceed 10% Total Exp

Total Expenditures 1,125,085 802,230 821,110

Unencumbered Cash Balance Dec 31 80,854 131,591 xxxxxxxxxxxxxxxxx

2018/2019/2020 Budget Authority Amount: 1,525,185 1,202,230 821,110

821,110

Tax Required 595,398


616,237


Library Actual for 2018 Estimate for 2019 Year for 2020

Unencumbered Cash Balance Jan 1 0 0 0

Receipts:

Ad Valorem Tax 300,809 320,473 xxxxxxxxxxxxxxxxx

Delinquent Tax 9,818 12,000 10,500


Recreational Vehicle Tax 407 479 463

16/20M Vehicle Tax 909 357 373

Commercial Vehicle Tax 0 0 802

Watercraft Tax 0 0 0


Miscellaneous


Total Receipts 347,293 368,577 47,651

Resources Available: 347,293 368,577 47,651

Expenditures:

Appropriations to Library Board 347,293 368,577 373,900

Miscellaneous


Total Expenditures 347,293 368,577 373,900

Unencumbered Cash Balance Dec 31 0 0 xxxxxxxxxxxxxxxxx

2018/2019/2020 Budget Authority Amount: 366,250 371,600 373,900

373,900

Tax Required 326,249


337,668

CPA Summary

Page No. 9







State of Kansas

City


FUND PAGE FOR FUNDS WITH NO TAX LEVY


Special Highway Actual for 2018 Estimate for 2019 Year for 2020


Receipts:

State of Kansas Gas Tax 325,451 323,200 323,620

County Transfers Gas 54,732 49,250 49,210

Misc. Grants / Fed. Exchange Funds 337,196 150,000 145,000

Reimbursed Expense 6 110


Miscellaneous


Total Receipts 717,385 522,560 517,830

Resources Available: 1,010,665 1,008,576 738,900

Expenditures:

Contractual Services 201,657 387,506 152,400

Commodities 76,858 156,000 151,500

Capital Outlay 53,822 84,000 150,000

Capital Improvements 0 160,000 285,000



Miscellaneous



Unencumbered Cash Balance Dec 31 486,016 221,070 0


Adopted Budget

Prior Year Current Year Proposed Budget

Special Recreation 20 Actual for 2018 Estimate for 2019 Year for 2020


Receipts:

Local Liquor Enforcement Tax 11,908 12,757 11,998


Miscellaneous


Total Receipts 11,908 12,757 11,998


Expenditures:

Contractual Services 14,000 0 0

Commodities 0 5,000 5,000



Miscellaneous





CPA Summary

Page No. 10

State of Kansas

City




Tourism 23 Actual for 2018 Estimate for 2019 Year for 2020


Receipts:

State Guest Tax 120,871 130,000 130,000


Miscellaneous


Total Receipts 120,871 130,000 130,000


Expenditures:

Contractual Services 0 2,000 19,767

Best Western 70,642 63,962 63,962

Visit Ark City 55,000 55,000 75,000


Miscellaneous





Adopted Budget


Special Alcohol 26 Actual for 2018 Estimate for 2019 Year for 2020


Receipts:

Local Liquor Enforcement Tax 11,908 12,757 11,998

Donations 10,284 7,500 0


Miscellaneous


Total Receipts 22,192 20,257 11,998


Expenditures:

Contractual Services 0 1,000 1,000

Commodities 13,979 19,000 19,000

Capital Outlay 0 0 50,000


Miscellaneous



Unencumbered Cash Balance Dec 31 82,456 82,713 24,711


CPA Summary

Page No. 11

State of Kansas

City




Land Bank 31 Actual for 2018 Estimate for 2019 Year for 2020


Receipts:

Rental Income 0 1,000 1,000

Sale of Property 0 2,500 2,500


Miscellaneous


Total Receipts 0 3,500 3,500

Resources Available: 0 3,500 3,500

Expenditures:

Contractual 0 3,500 3,500


Miscellaneous


Total Expenditures 0 3,500 3,500

Unencumbered Cash Balance Dec 31 0 0 0

2018/2019/2020 Budget Authority Amount: 0 3,500 3,500

Adopted Budget


Hospital Improvement 42 Actual for 2018 Estimate for 2019 Year for 2020

Unencumbered Cash Balance Jan 1 1,037,162 1,463,800 0

Receipts:

Sales Tax .5% 788,154 145,506 0

Debt Service Sales Tax 1% 1,576,308 291,013 0

Interest on Idle Funds 14,527 11,146

Miscellaneous


Total Receipts 2,378,989 447,665 0

Resources Available: 3,416,151 1,911,465 0

Expenditures:

Appropriations to Hospital from .5% Sales Tax 901,352 326,684 0

Appropriations to Hospital from 1% Sales Tax 1,050,999 357,839 0

Transfer to PBC Trustee 0 1,226,942 0


Miscellaneous


Total Expenditures 1,952,351 1,911,465 0

Unencumbered Cash Balance Dec 31 1,463,800 0 0

2018/2019/2020 Budget Authority Amount: 2,275,000 2,160,000 0

CPA Summary

Page No. 12

State of Kansas

City




CID Sales Tax 57 Actual for 2018 Estimate for 2019 Year for 2020


Receipts:

Sales Tax 35,292 50,000 50,000


Miscellaneous


Total Receipts 35,292 50,000 50,000


Expenditures:

Appropriations 36,177 50,000 50,000


Miscellaneous





Adopted Budget


Stormwater 15 Actual for 2018 Estimate for 2019 Year for 2020


Receipts:

Charges for Service 187,955 190,000 188,000

Penalties 2,155 2,100 2,100

Federal Grant - FEMA 38,809 0 0

Transfer from Sewer Fund 50,000 50,000 50,000


Miscellaneous 92 0 0


Total Receipts 284,214 247,600 245,600


Expenditures:

Personnel Services 165,490 189,941 165,521


Commodities 19,210 14,100 16,200

Capital Outlay 3,919 102,000 19,000

Capital Improvements 227,723 50,000 50,000


Miscellaneous





CPA Summary

Page No. 13

State of Kansas

City




Water 16 Actual for 2018 Estimate for 2019 Year for 2020

Unencumbered Cash Balance Jan 1 3,098,280 4,254,300 3,634,184

Receipts:

Water Receipts 3,976,148 4,250,000 4,300,000

Connection Fees 84,818 79,000 80,000

Sale of Assets 7,043 9,120 0

Other Receipts 68,907 65,600 62,000

Loan Proceeds 3,005,802 0 0


Miscellaneous


Total Receipts 7,199,593 4,463,720 4,502,000


Expenditures:



Commodities 623,504 532,600 522,200

Capital Outlay 136,883 284,700 503,500

Debt Service 1,024,854 1,510,953 1,510,531

Operating Transfers:

Transfer to General Fund 400,000 400,000 400,000

Transfer to CIP Fund 2,394,516 0 0

Transfer to Debt Service Fund 75,000 75,000 0

Capital Improvements 0 1,000,000 1,000,000


Miscellaneous



Unencumbered Cash Balance Dec 31 4,254,300 3,634,184 2,947,266


Adopted Budget


Sewer 18 Actual for 2018 Estimate for 2019 Year for 2020

Unencumbered Cash Balance Jan 1 3,517,568 3,967,602 3,070,356

Receipts:

Wastewater Receipts 1,950,943 2,100,000 2,100,000

Penalties 20,247 19,500 20,000

Reimbursed Expense 194 100 0

Loan Proceeds 0 0 12,000,000


Miscellaneous 1,564 10,000 5,000


Total Receipts 2,023,796 2,189,600 14,185,000


Expenditures:



Commodities 156,991 162,450 155,450

Capital Outlay 33,762 231,500 19,500



Transfer to Debt Service Fund 75,000 75,000 0

Transfer to Stormwater Fund 50,000 50,000 50,000

Capital Improvements 0 1,200,000 12,550,000


Miscellaneous



Unencumbered Cash Balance Dec 31 3,967,602 3,070,356 3,038,853


CPA Summary

Page No. 14

State of Kansas

City




Sanitation 19 Actual for 2018 Estimate for 2019 Year for 2020


Receipts:

Sanitation Fees 1,467,511 1,500,000 1,475,000

Service Fees 17,256 7,000 10,000

Penalties 14,779 14,500 14,500

State Grant 2,569 7,700 0


Miscellaneous 161 980 200


Total Receipts 1,515,472 1,546,180 1,515,700


Expenditures:



Commodities 154,227 147,150 150,650

Capital Outlay 49,529 217,500 264,500




Capital Improvements 0 125,000 0


Miscellaneous





CPA Summary

Page No. 15

State of Kansas

City




Healthcare Sales Tax Fund 44 Actual for 2018 Estimate for 2019 Year for 2020


Receipts:

Healthcare Sales Tax (95%) 0 1,524,750 1,501,000

Transfer from General Fund 0 0 79,000

Compensating Use Tax 0 0 60,600


Miscellaneous


Total Receipts 0 1,524,750 1,640,600

Resources Available: 0 1,524,750 1,640,600

Expenditures:

Transfer to PBC Trustee 0 1,524,750 1,640,600


Miscellaneous


Total Expenditures 0 1,524,750 1,640,600


2018/2019/2020 Budget Authority Amount: 0 0 1,640,600

See Tab C

Adopted Budget


Unpledged Healthcare Sales Tax Fund 45 Actual for 2018 Estimate for 2019 Year for 2020


Receipts:

Healthcare Sales Tax (5%) 0 85,000 85,000

Compensating Use Tax 0 0 242,400


Miscellaneous


Total Receipts 0 85,000 327,400

Resources Available: 0 85,000 327,400

Expenditures:

Healthcare Appropriations 0 85,000 327,400


Miscellaneous


Total Expenditures 0 85,000 327,400


2018/2019/2020 Budget Authority Amount: 0 0 327,400

See Tab C

CPA Summary

Page No. 16

State of Kansas

City

City of Arkansas City NON-BUDGETED FUNDS (A) 2020

(Only the actual budget year for 2018 is to be shown)

Non-Budgeted Funds-A

(1) Fund Name: (2) Fund Name: (3) Fund Name: (4) Fund Name: (5) Fund Name:

Unencumbered Unencumbered Unencumbered Unencumbered Unencumbered Total

Cash Balance Jan 1 200,946 Cash Balance Jan 1 308,673 Cash Balance Jan 1 1,923,156 Cash Balance Jan 1 11,683 Cash Balance Jan 1 33,300 2,477,758

Receipts: Receipts: Receipts: Receipts: Receipts:

Donations 68,500 Reimbursed Expense 1,885,505 Donations 7,046 Restitution 944

Reimbursed Expense 643,496 Interest 23,037 Donations 8,950

Transfers From: Interest 470

General Fund 7,564

Spec Street/Hwy Fund 192,312

Water Fund 2,394,516

Sanitation Fund 7,564

Interest 7,108

Total Receipts 0 Total Receipts 3,321,060 Total Receipts 1,908,542 Total Receipts 7,046 Total Receipts 10,364 5,247,012

Resources Available: 200,946 Resources Available: 3,629,733 Resources Available: 3,831,698 Resources Available: 18,729 Resources Available: 43,664 7,724,770

Expenditures: Expenditures: Expenditures: Expenditures: Expenditures:

Capital Outlay 2,438,650 Debt Service Principal 490,000 Contractual Services 2,794 Contractual Services 5,777

Debt Service Interest 1,395,505 Commodities 79

Total Expenditures 0 Total Expenditures 2,438,650 Total Expenditures 1,885,505 Total Expenditures 2,794 Total Expenditures 5,856 4,332,805

Cash Balance Dec 31 200,946 Cash Balance Dec 31 1,191,083 Cash Balance Dec 31 1,946,193 Cash Balance Dec 31 15,935 Cash Balance Dec 31 37,808 3,391,965 **

3,391,965 **

**Note: These two block figures should agree.

CPA Summary

Page No. 17

Equipment Reserve 54 Capital Improvement 68 Public Building Commission 80 Special Law Enf Trust Fund 29Drug Task Force Fund 51

State of Kansas

City

2020

BUDGET SUMMARY

Proposed Budget 2020 Expenditures and Amount of 2019 Ad Valorem Tax establish the maximum limits of the 2020 budget.

Estimated Tax Rate is subject to change depending on the final assessed valuation.

Prior Year Actual for 2018 Current Year Estimate for 2019 Proposed Budget Year for 2020

Actual Actual Budget Authority Amount of 2019 Estimate

FUND Expenditures Tax Rate * Expenditures Tax Rate * for Expenditures Ad Valorem Tax Tax Rate *

General 9,525,880 48.924 10,211,506 53.204 10,421,915 2,984,018 53.021

Debt Service 1,125,085 15.001 802,230 10.766 821,110 616,237 10.950

Library 347,293 5.994 368,577 6.000 373,900 337,668 6.000

Special Highway 524,649 787,506 738,900

Special Recreation 20 14,000 24,102 27,632

Tourism 23 125,642 120,962 158,729

Special Alcohol 26 13,979 20,000 70,000

Land Bank 31 0 3,500 3,500

Hospital Improvement 42 1,952,351 1,911,465 0

CID Sales Tax 57 36,177 50,000 50,000

Stormwater 15 459,142 378,041 272,721

Water 16 6,043,573 5,083,836 5,188,918

Sewer 18 1,573,762 3,086,846 14,216,503

Sanitation 19 1,280,686 1,647,913 1,607,696

Healthcare Sales Tax Fund 44 0 1,524,750 1,640,600

Unpledged Healthcare Sales Tax Fund 45 0 85,000 327,400

Non-Budgeted Funds-A 4,332,805

Totals 27,355,024 69.919 26,106,234 69.970 35,919,524 3,937,923 69.971

Less: Transfers 3,951,956 1,350,000 1,200,000

Net Expenditure 23,403,068 24,756,234 34,719,524

Total Tax Levied 3,793,123 3,853,594 xxxxxxxxxxxxx

Assessed

Valuation 54,251,826 55,071,399 56,279,504

Outstanding Indebtedness,

January 1, 2017 2018 2019

G.O. Bonds 5,505,000 4,520,000 3,495,000

Revenue Bonds 0 0 0

Other 22,662,213 22,624,752 22,161,203

Lease Purchase Principal 394,846 338,679 901,416

Total 28,562,059 27,483,431 26,557,619

*Tax rates are expressed in mills

City Official Title: Finance Director

Page No. 18

Kathleen Cornwell

NOTICE OF BUDGET HEARING

The governing body of


will meet on August 6, 2019 at 5:30 pm at City Hall Commission Chambers for the purpose of hearing and

answering objections of taxpayers relating to the proposed use of all funds and the amount of ad valorem tax.

Detailed budget information is available at City Manager's Office at City Hall and will be available at this hearing.

Item for City Commission Action Section VII Item 1


Department/Division Public Works

Staff Contact Mike Crandall

Title: Compass Point Addition Change Orders:

a. Consider a Resolution authorizing the City of Arkansas City to enter into Change Order Agreement No. 1 with Mies Construction, Wichita, KS, regarding Compass Point addition sanitary sewer system, for an amount not to exceed $11,460.00. (Voice Vote)

b. Consider a Resolution authorizing the City of Arkansas City to enter into Change Order Agreement No. 2 with Mies Construction, Wichita, KS, regarding Compass Point addition water main, for an amount not to exceed $8,550.00. (Voice Vote)

Description: Change Order #1 The revision retains only the work related to lowering the sanitary sewer system 12”. Mies has been asked to remove line item #9 for removal & haul off of the concrete pad, since it was on the original plan and is also addressed on the street project. This saves $1,824.00 We also removed the 6” adjustments to the fire hydrants. Since they already had approved submittals and ordered the 4.5’ bury hydrants, we need to use them without adjustments. This may require a slight revision to the waterline profile on the plans, but will save $4,040.00 Change Order #2 This change is necessary because the KE Miller design called for connections to an existing 8” water main, when in fact it was a 12” line. We also added a new 12” valve at the existing main in Skyline Road to allow for better isolation of the water distribution system within Compass Point addition. Commission Actions: 1. Approve the Resolutions. 4. Table the Resolutions for further consideration. 5. Disapprove the Resolutions. Fiscal Impact: Amount: $11,460.00 Fund: 18 (Sewer) Department: 661 (Wastewater Collection) Expense 6214 (Other Professional Serv.) Amount: $8,550.00 Fund: 16 (Water) Department: 653 (Distribution) Expense 6214 (Other Professional Serv.)

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

City Manager

RESOLUTION NO. 2019-08-____ A RESOLUTION AUTHORING THE CITY OF ARKANSAS CITY TO ENTER INTO CHANGE ORDER AGREEMENT NO. 1 WITH MIES CONSTRUCTION, WICHITA, KS, REGARDING COMPASS POINT ADDITION SANITARY SEWER SYSTEM, FOR AN AMOUNT NOT TO EXCEED $11,460.00. 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 to enter into Change Order Agreement No. 1 with Mies Construction, Wichita, KS, regarding Compass Point Addition sanitary sewer system, for an amount not to exceed $11,460.00. 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: This Resolution will be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas. PASSED AND RESOLVE by the Governing Body of the City of Arkansas City, Kansas, on August 6, 2019. (Seal) Jay Warren, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM. Tamara L. Niles, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2019-08-____ of the City of Arkansas City, Kansas, adopted by the Governing Body on August 6, 2019, as the same appears of record in my office. DATED: _________________ Lesley Shook, City Clerk

To: Contact:Cty Of Arkansas City Kirk Miller

Compass Point AdditionProject Name: Bid Number: CO #1 REV #1

Fax:Arkansas City, KS 67005

Address: 118 West Central Avenue Phone:

Project Location: Skyline Rd & 10Th Street, Ark City, KS Bid Date: 6/26/2019

Addendum #: 1,2,3

MIES CONSTRUCTION INC. hereby proposes to furnish all material, equipment and labor required to complete the portion in the following proposal.

Total PriceUnit PriceUnitItem DescriptionLine # Estimated Quantity

CO #1 - Sanitary Sewer

1 1.00 EACH $500.00 $500.00Adjust 4' Manhole SS 1-01 @ 3+57.77 Line 1 Up 1.00'

2 1.00 EACH $500.00 $500.00Adjust 4' Manhole SS 1A-03 @ 8+19.72 Line 1A Up 1.00'


4 1.00 EACH $375.00 $375.00Adjust 4' Manhole SS 2-01 @ 2+48.02 Line 2 Up 0.50'



7 2,714.00 LF $2.50 $6,785.00Labor For Additional Depth Of Sewer Main

8 72.00 LF $25.00 $1,800.00Labor & Material For Additional Depth Of Flush And Vibrate

Total Bid Price: $11,460.00

Notes:

• Per plan revisions dated 6/4/2019 and 6/5/2019 that Mies recieved on Monday 6/17/19 while crews were already onsite.

Sanitary Sewer:Costs in this change order are to raise mahole top elevations due to the line being lowered 1.00' with adjustment rings only. Also costs for slowedproductions rates due to additional line depth as well as flush and vibrate locations.

ACCEPTED:

The above prices, specifications and conditions are satisfactory andare hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

Mies Construction Inc.

Authorized Signature:

Estimator: Kent Burgess

316-945-7227 [email protected]

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RESOLUTION NO. 2019-08-____ A RESOLUTION AUTHORING THE CITY OF ARKANSAS CITY TO ENTER INTO CHANGE ORDER AGREEMENT NO. 2 WITH MIES CONSTRUCTION, WICHITA, KS, REGARDING COMPASS POINT ADDITION WATER MAIN, FOR AN AMOUNT NOT TO EXCEED $8,550.00. 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 to enter into Change Order Agreement No. 2 with Mies Construction, Wichita, KS, regarding Compass Point Addition water main, for an amount not to exceed $8,550.00. 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: This Resolution will be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas. PASSED AND RESOLVE by the Governing Body of the City of Arkansas City, Kansas, on August 6, 2019. (Seal) Jay Warren, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM. Tamara L. Niles, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2019-08-____ of the City of Arkansas City, Kansas, adopted by the Governing Body on August 6, 2019, as the same appears of record in my office. DATED: _________________ Lesley Shook, City Clerk

To: Contact:Cty Of Arkansas City Kirk Miller

Compass Point AdditionProject Name: Bid Number: CO #2 REV #1

Fax:Arkansas City, KS 67005

Address: 118 West Central Avenue Phone:

Project Location: Skyline Rd & 10Th Street, Ark City, KS Bid Date: 7/11/2019

Addendum #: 1,2,3

MIES CONSTRUCTION INC. hereby proposes to furnish all material, equipment and labor required to complete the portion in the following proposal.

Total PriceUnit PriceUnitItem DescriptionLine # Estimated Quantity

DEDUCT - CO #2

2 -2.00 EACH $4,000.00 ($8,000.00)8" X 8" Tapping Sleeve & Valve

Total Price for above DEDUCT - CO #2 Items: ($8,000.00)

ADD - CO #2 (10th Street Tie In)

1 1.00 EACH $5,125.00 $5,125.0012" X 8" Tapping Sleeve & Valve

Total Price for above ADD - CO #2 (10th Street Tie In) Items: $5,125.00

ADD - CO #2 (11th Street Tie In)

1 65.00 LF $74.00 $4,810.0012" PVC Pipe

2 1.00 EACH $2,110.00 $2,110.0012" Line Valve Assembly

3 1.00 EACH $2,875.00 $2,875.008" Tee & Valve

4 1.00 EACH $1,000.00 $1,000.00Blowoff Assembly (12" Main)

5 35.00 LF $18.00 $630.00Fill, Sand (Flushed & Vibrated)

Total Price for above ADD - CO #2 (11th Street Tie In) Items: $11,425.00

Total Bid Price: $8,550.00

Notes:

• Change order to extend 12" waterline to the West as the plans are incorrect for the 11th Street tie in. Also changing the 10th Street tie in to a 12" x8" tap due to the existing main being 12" not 8" as shown in the plans.

• This change order is good through 10 AM Friday, July 12, 2019. At that point, the costs for removal/haul off of the casing pipe and the exploratorytime will be added back in along with an additional $3,000.00 for remobilization to complete this scope of work.

ACCEPTED:

The above prices, specifications and conditions are satisfactory andare hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

Mies Construction Inc.

Authorized Signature:

Estimator: Kent Burgess

316-945-7227 [email protected]

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Item for City Commission Action Section VII Item 2


Department/Division Environmental Services / Neighborhood Services / Public Services

Staff Contacts Andrew Lawson / Rod Philo / Mike Bellis / Josh White

Title: First reading of an Ordinance modifying Municipal Code Part II, Chapters 2, 18, 26, 42, 46, 54 and 62, concerning City boards and City departments, as well as Chapter 14, amending the 2015 International Residential Code and references to the Neighborhood Services Division, and modifying Municipal Code to so reflect. (Roll Call Vote) Description: The 2019 Public Works Department reorganization — which consisted of the elimination of the Public Works Department; the creation of the Environmental Services Department, to encompass the former Environmental Services Division; the creation of the Public Services Department, to include the Sanitation Division and the Street & Stormwater Division; and the realignment of the Parks & Facilities Division under the new Public Services Department — has spurred a need to amend Municipal Code and delete any references to the Public Works Department, which no longer exists. Also, the 2017 realignment of the Neighborhood Services Division under the City Manager Department left behind several outdated references to the Public Works Department in Municipal Code regarding duties that now are the province of the Neighborhood Services Division, with these references still in need of correcting and updating. This section also includes the deletion of several sections of duplicate code that conflict with Zoning Regulations one minor update related to roofing requirements and. Finally, the Arkansas City Convention and Visitors Bureau rebranded itself in 2018 as Visit Ark City, and as such, the board of directors now wishes to be known formally as the Visit Ark City Board of Trustees. Specific changes being proposed in this ordinance, by section, are:

Secs. 1-2 — City staff desires to amend the process for notifying the City of advisory board member absences. These changes better match current practice by staff and the boards.

Sec. 3 — Creates Environmental Services and Public Services departments; deletes Public Works.

Sec. 4 — Adds an additional provision to code regarding the definition of “solid sheathing.” This is already enforced by the Building Official; just adapting written code to match staff practice.

Secs. 5-10, 12-13, 19 — Duties are transferred from Public Works to City Manager Department. These could be assigned to either Neighborhood Services or City Clerk as City Manager dictates. All references to divisions and nearly all references to individual positions are being removed.

Secs. 10-11 — Elimination of municipal code duplicative of/conflicting with Zoning Regulations.

Secs. 14-15 — Sanitation duties transferred from Public Works to Public Services Department.

Secs. 16-18 — Renaming of Visit Ark City Board of Trustees; Public Works removed from code.

Secs. 20-27 — Duties transferred from Public Works to Environmental Services Department.

Secs. 28-32 — Stormwater duties transferred from Public Works to Public Services/City Manager. Commission Actions: 1. Approve the Ordinance.

2. Table the Ordinance for a second reading Aug. 20. 3. Disapprove the Ordinance. Fiscal Impact: Amount: Cost of publication

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

City Manager

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ORDINANCE NO. 2019-08-____ AN ORDINANCE MODIFYING MUNICIPAL CODE PART II, CHAPTERS 2, 18, 26, 42, 46, 54 AND 62, CONCERNING CITY BOARDS AND CITY DEPARTMENTS, AS WELL AS CHAPTER 14, AMENDING 2015 INTERNATIONAL RESIDENTIAL CODE AND REFERENCES TO THE NEIGHBORHOOD SERVICES DIVISION, AND MODIFYING MUNICIPAL CODE TO SO REFLECT. WHEREAS, City staff desires to amend the process for notifying the City of advisory board member absences; and WHEREAS, the 2019 Public Works Department reorganization — which consisted of the elimination of the Public Works Department; the creation of the Environmental Services Department, to encompass the former Environmental Services Division; the creation of the Public Services Department, to include the Sanitation Division and the Street & Stormwater Division; and the realignment of the Parks & Facilities Division under the new Public Services Department — has spurred a need to amend Municipal Code, to authorize and reference these new organizations, and delete any references to the Public Works Department, which no longer exists; and WHEREAS, the 2017 realignment of the Neighborhood Services Division under the City Manager Department left behind several outdated references to the Public Works Department in Municipal Code regarding duties that now are the province of the Neighborhood Services Division, with these references still in need of correcting and updating; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, voted on December 20, 2016, to adopt the 2015 International Code Cycle and 2014 National Electrical Code as the amended law of this City, and thus incorporated them into the Municipal Code of the City of Arkansas City, Kansas; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, voted April 16, 2019, to approve Ordinance No. 2019-04-4485, amending the 2015 International Code Cycle, and now wishes to adopt additional roofing amendments; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, previously adopted new Zoning Regulations in 2014, creating a need to eliminate duplicative and obsolete language in Municipal Code concerning signage regulations; and WHEREAS, the Arkansas City Convention and Visitors Bureau rebranded itself in 2018 as “Visit Ark City”, and as such, the board of directors for this organization now wishes to be known formally as the “Visit Ark City Board of Trustees”; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, desires to amend Arkansas City Municipal Code to accomplish all of these aforestated goals. NOW THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS, KANSAS: SECTION ONE: AMENDMENT TO MUNICIPAL CODE SECTION 2-54. The Governing Body of the City of Arkansas City, Kansas, hereby amends a portion of Section 2-54 of the Arkansas City Municipal Code to read as follows (deleted provision struck through; new provisions in italics): Sec. 2-54. - Same—Attendance at meetings. (b) Determination of absence. Absences that shall be considered excused shall include, but shall not necessarily be

limited to, those arising due to emergencies, medical conditions or military leave of less than two months, or when circumstances arise that warrant a special exception, in the judgment of the board chairperson. Other situations, such as an unavoidable work conflict, bereavement or vacation, shall be designated as excused absences only with the consent of the board chairperson. Any absence by a board member who has not previously notified the board chairperson or board secretary about the absence shall be considered unexcused. The nature of the absence, whether excused or unexcused, shall be noted in the minutes submitted to the city. The secretary of the board shall note any absence on a city-provided form, along with the reason for the

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absence, and the board chairperson shall sign said form after noting whether it is an excused or unexcused absence. Forms shall be submitted on a monthly basis to the city freedom of information officer or the city public records custodian.

SECTION TWO: AMENDMENT TO MUNICIPAL CODE SECTION 2-55. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 2-55 of the Arkansas City Municipal Code to read as follows (deleted provision struck through): Sec. 2-55. - Same—Minutes of meetings.

The secretary of every board or a designated city employee shall submit the minutes of every meeting of that board to the board of city commissioners upon request. SECTION THREE: AMENDMENT TO MUNICIPAL CODE SECTION 2-278. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 2-278 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 2-278. - Departments created. (a) The following administrative departments are hereby created, as necessary to perform public business: (1) City manager department; (2) Environmental services Finance department; (3) Finance Public works department; (4) Fire-emergency medical services department; and (5) Police department.; (6) Public services department. (b) The city manager may change the name of these departments, and create or alter divisions within these

departments, as required for the efficient administration of city business. SECTION FOUR: AMENDMENT TO MUNICIPAL CODE SECTION 14-44. The Governing Body of the City of Arkansas City, Kansas, hereby amends a portion of Section 14-44 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-44. - Amendments to the International Residential Code. (a) The following amendments and additions are made to the International Residential Code:

(6) Roofing requirements:

(a) Section R905.2.1 Sheathing requirements is amended to read as follows: Asphalt shingles shall be fastened to solidly sheathed decks. Solid sheathing is 4-foot by 8-foot OSB (Oriented Strand Board) or plywood.

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(b) Section R908.3.1.1 Condition 3 is amended to read as follows: Shall have no more than one layer for asphalt shingles.

SECTION FIVE: AMENDMENT TO MUNICIPAL CODE SECTION 14-162. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-162 of the Arkansas City Municipal Code to read as follows (deleted provision struck through; new provision in italics): Sec. 14-162. - Assignment.

The city manager department neighborhood services division shall assign numbers to all buildings in conformance with the requirements set forth in this article. SECTION SIX: AMENDMENT TO MUNICIPAL CODE SECTION 18-138. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 18-138 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 18-138. - Authorization of sale of secondhand goods.

The city manager public works department, police department, and/or fire-emergency medical services department may conduct inspections as needed of all locations purchasing, acquiring, or selling secondhand goods, to ensure compliance with building, fire, maintenance, and other applicable codes. SECTION SEVEN: AMENDMENT TO MUNICIPAL CODE SECTION 18-185. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 18-185 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 18-185. - Authorization of pawnbroker’s business. (a) A pawnbroker’s business is authorized at a place of business conforming with the codes of the city, including

zoning, building, fire, plumbing, electrical, sanitary, and/or health codes. (b) Representatives from the city manager public works department, police department and/or fire-emergency

medical services department shall conduct annual inspections to ensure for compliance with to applicable codes. SECTION EIGHT: AMENDMENT TO MUNICIPAL CODE SECTION 18-276. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 18-276 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 18-276. - Registration of scrap metal dealers. (a) No scrap metal dealer within the city shall purchase any regulated scrap metal without having first obtained a

registration for each place of business from the city manager public works department. (b) An application for registration for a scrap metal dealer shall be verified and upon a form approved by the state

attorney general and contain: (1) The name and residence address of the applicant;

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(2) The length of time that the applicant has resided within the state and a list of all residences outside the state during the previous ten years;

(3) The address of the particular place of business for which a registration is desired; (4) The name and address of the owner of the premises upon which the place of business is located; and

(5) A disclosure of any prior convictions within ten years immediately preceding the date of making the application for registration for theft, as defined in K.S.A. 21-5801,; theft of property lost, mislaid or delivered by mistake, as defined in K.S.A. 21-5802,; theft of services, as defined in K.S.A. 21-5801,; criminal deprivation of property, as defined in K.S.A. 21-5803,; or any other crime involving possession of stolen property.

(c) Each original application for registration for a scrap metal dealer shall be filed with the city manager public

works department and accompanied by the application fee set by the board of city commissioners. Each renewal application for registration for a scrap metal dealer shall be accompanied by the renewal fee set by the board of city commissioners.

(d) After verifying the information contained within the application for registration is true and correct, and the

applicant meets the requirements to obtain such registration, the city manager public works department shall forward the application to the board of city commissioners for review of the application and issuance of the registration.

(e) If an original registration is issued, the board of city commissioners shall grant and issue renewals thereof upon

application of the registration holder, if the registration holder is qualified to renew the registration and the registration has not been revoked as provided by law.

(f) No registration issued under this article shall be transferable.

(g) Violation of subsection (a) of this section is a class A non-person misdemeanor. (h) The city manager public works department shall provide the chief of police department with written notice of

the registration within ten days of issuance. SECTION NINE: AMENDMENT TO MUNICIPAL CODE SECTION 18-313. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 18-313 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 18-313. - License issued.

After filing the requisite application and depositing the license fee as required in this article, and the city clerk having been furnished with approval of a “records check” by the chief of police department, and approval of zoning classification of principal place of business by the city manager public works department, a license to operate a taxicab or bus shall be issued by the office of the city clerk. SECTION TEN: AMENDMENT TO MUNICIPAL CODE SECTION 18-403. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 18-403 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics):

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Sec. 18-403. - Permits and inspections. (a) Generally. Those persons, firms, corporations, co-partnerships, associations, or combinations thereof, desiring

to install a temporary business or advertising sign shall obtain a sign permit for same from the city manager public works department, and pay the permit fee established by the board of city commissioners. Those signs to be illuminated electrically shall have a city-licensed electrical contractor make all electrical connections at the installation site. The electrical contractor shall obtain an electrical inspection by the city electrical inspector. The electrical inspection fee as set by the board of city commissioners shall be charged to the electrical contractor. Upon completion of installation, the city building inspector and, where required, the electrical inspector, shall inspect and approve the sign before it is put into use.

(b) Permits required. Except as otherwise provided in this article, it is unlawful for any person to erect, alter,

relocate, or create by painting, a sign within the city without first obtaining a permit from the city building official, who shall issue permits upon payment of the fee set by the board of city commissioners. For each sign that is erected, installed, affixed, altered, relocated, created by painting or reconstructed, without first obtaining a permanent sign permit, the fee shall be twice the amount specified.

(c) Temporary sign permit fees.

(1) For advertising permitted under this Code, a temporary sign permit fee set by the board of city commissioners for all banners, streamers, flags, posters or other advertising devices shall be paid for each event, with a maximum time limit of 30 days.

(2) For portable signs permitted by this Code, a temporary sign permit fee set by the board of city

commissioners shall be paid with a limit of 30 days. Permits can be obtained only twice yearly with at least 90 days between times for each business.

(cd) Licensed and bonded sign hangers. Only licensed and bonded sign hangers may erect, create by painting, affix,

alter, relocate or reconstruct any sign requiring a permit. (e) Exceptions. The following are exceptions to the provisions of this section:

(1) Temporary signs set forth in this article unless required to be erected by a licensed sign hanger;

(2) Maintenance and repainting of existing signs by the owner when no structural changes are made to a sign.

SECTION ELEVEN: DELETION OF MUNICIPAL CODE SECTIONS 18-404, 18-405, 18-406 AND 18-409. The Governing Body of the City of Arkansas City, Kansas, hereby deletes in full Sections 18-404, 18-405, 18-406 and 18-409 of the Arkansas City Municipal Code. Said sections shall be Reserved for future usage. SECTION TWELVE: AMENDMENT TO MUNICIPAL CODE SECTION 26-20. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 26-20 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 26-20. - Form of assistance.

Assistance authorized herein may include any form of service deemed appropriate by the city manager, including but not limited to police, fire, emergency medical service, environmental, public works, administrative and clerical services.

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SECTION THIRTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 42-27. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 42-27 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 42-27. - Maintaining or permitting a public nuisance; section 9.5 of the Standard Uniform Public Offense Code amended. Section 9.5 of the Standard Uniform Public Offense Code is hereby amended to read as follows:

Maintaining a public nuisance is knowingly causing or permitting a condition to exist which injures or endangers the public health, safety, or welfare.

Permitting a public nuisance is knowingly permitting property under the control of the offender to be used to maintain a public nuisance.

A public nuisance shall include, but not be limited to:

To park, store, leave, or permit the parking, storing, or leaving of any motor vehicle which is in a wrecked, junked, partially dismantled, inoperative or abandoned condition, whether attended or not, for a period of time in excess of ten days;

Any one of the following conditions shall raise the presumption that a motor vehicle is wrecked, junked, partially dismantled, inoperative or in an abandoned condition:

Absence of a current registration plate upon the vehicle;

Absence of the vehicle being supported by properly attached wheels and tires, with placement of the vehicle or parts thereof upon jacks, blocks or other supportive devices;

The absence of any door or window in place to prevent entry, or the absence of one or more parts of the motor vehicle necessary for its lawful operation upon a public street or highway; or

Failure of the area to be kept clean of debris, weeds (as defined in section 30-19 of this code Code), noxious weeds (as defined in section 30-22 of this code Code), or the use of a vehicle as a storage shed, or accessory building or structure.

This subsection shall not apply to vehicles:

Completely enclosed within a garage or other building;

Held as inventory for sale by a licensed junk dealer;

Held in a vehicle-related business operating within the city limits in full compliance with all applicable zoning laws of the city; or

Registered with the state as a non-highway vehicle, and located on the property for less than one year if:

(1) A copy of the non-highway title is filed with the city manager public works department;

(2) The vehicle is stored in the rear yard of the property; and

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(3) The vehicle is maintained in a safe manner and otherwise does not constitute a nuisance under this article.

SECTION FOURTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 46-9. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 46-9 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 46-9. - Standards for commercial sanitation containers. (a) All commercial containers shall be maintained in a condition satisfactory to provide for safe and sanitary

containment of refuse prior to pickup by city crews. At a minimum, the container must meet the following minimum standards:

(1) The container attachment points shall be in sufficiently good condition to assure that the container can

be safely picked up safely by city crews with the packer truck loading device.

(2) The container shall have a lid or lids to repel rainwater, flies, or other vectors from entering getting into the refuse located in the container, and to limit odors emanating from the container.

(3) The container must have all rollers in good working condition to allow city crews to move easily the

container easily for proper pickup positioning. (4) The container must be located on a paved pad adjacent to the alley to allow the container to be moved

easily for proper pickup positioning. (5) The container walls and floor must be in satisfactory condition to contain refuse without seepage. (6) The container must be maintained to prevent rust from occurring on the exterior of the container and

must be periodically repainted periodically to prevent it them from becoming unsightly, except such maintenance requirements shall be waived if the container is kept on private property inside a privacy fence, preventing viewing by the traveling public.

(b) Collection service may cease immediately upon violation of these standards. (c) Any customer in violation of these standards shall be issued a written notice of such violation, either personally

delivered to the customer or sent via U.S. Mail, postage prepaid, stating:

(1) The condition that which has caused the violation; and

(2) That the customer shall have ten days from the receipt of the notice to abate the violation or make plans satisfactory to the public services department director of public works for the abatement of such violation.

If the customer should fail to make the repairs or respond within the time limitations provided, the city may continue to cease collection service until the standard is met.

(d) Any commercial refuse customer utilizing a trash compactor or requiring special or unusual service, including but

not limited to special collection hours, abnormal number of collections or refuse volume, abnormal or unusual refuse characteristics, or special refuse containers, shall be charged a fee based upon cost of collection and disposal, and any administrative or other costs attributable thereto.

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SECTION FIFTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 46-11. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 46-11 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 46-11. - Administrative rules and regulations.

The public services department director of public works is authorized to promulgate rules and regulations to provide efficient and orderly procedures for the collection and disposition of garbage, minimum standards for containers and their placement, and requirements for preparation of certain household garbage. These rules and regulations shall be reviewed by the board of city commissioners, approved by the city manager, and filed with the city clerk. SECTION SIXTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 54-166. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 54-166 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 54-166. - Convention and tourism fund— Expenditure Expendature restrictions. (a) The Visit Ark City board of trustees convention and visitors bureau board of directors hereinafter established

shall consider annually all requests for expenditure of transient guest tax funds and shall prepare a budget of expenditures for each year to be submitted to the board of city commissioners governing body for its approval.

(b) The board of city commissioners governing body shall consider the expenditures proposed from the convention

and tourism fund by the Visit Ark City board of trustees convention and visitors bureau board of directors, and shall adopt a budget of such expenditures which may vary from the proposal of the Visit Ark City board of trustees convention and visitors bureau board of directors in the discretion of the board of city commissioners governing body. The board of city commissioners governing body may at any time seek further advice and recommendations from the Visit Ark City board of trustees convention and visitors bureau board of directors regarding such expenditures, but reserves the exclusive authority to make final decisions.

(c) Such funds may be used:

(1) To operate or contract with any agency, organization, or group of firms to operate a bureau to promote conventions and tourism within the city and its environs;

(2) To provide for the operation, maintenance, expansion or development of city facilities connected with

conventions and tourism; (3) To defray the cost of providing municipal services to convention and tourism functions, including

administrative, clerical, police, fire, and emergency medical services, environmental and public services works or parks and facilities functions; and/or

(4) To create innovative projects and activities promoting conventions and tourism.

(d) All expenditures of such funds shall be paid to vendors of services or materials through the city City offices in the

same manner as other city operating accounts. SECTION SEVENTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 54-167. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 54-167 of the Arkansas City Municipal Code to read as follows (deleted provision struck through; new provision in italics):

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Sec. 54-167. - Same—City expenditure authority.

The city of Arkansas City shall have authority to contract for the expenditure of monies from the convention and tourism fund. SECTION EIGHTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 54-168. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 54-168 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 54-168. - Visit Ark City board of trustees Convention and visitors bureau board of directors.

A Visit Ark City board of trustees “convention and visitors bureau board of directors” is hereby established to advise the board of city commissioners governing body, and make recommendations concerning programs and expenditures for conventions and tourism. The board shall consist of six members, each serving a term of three years. The seventh member shall be a member of the board of city commissioners governing body, with full voting privileges.

Membership on the board shall be as follows:

One member A member of the board of city commissioners governing body Three members Public at large Three members Owners or operators of hotels, motels, tourism-related businesses or tourist attractions

SECTION NINETEEN: AMENDMENT TO MUNICIPAL CODE SECTION 62-22. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 62-22 of the Arkansas City Municipal Code to read as follows (deleted provision struck through; new provision in italics): Sec. 62-22. - Check valves.

Check valves are hereby required on all connections to steam boilers or on any other connection deemed by the building official director of public works or his designee to require one. Safety and relief valves shall be placed on all boilers or other steam apparatus connected with the water system where steam pressure may be raised in excess of 40 pounds per square inch. SECTION TWENTY: AMENDMENT TO MUNICIPAL CODE SECTION 62-23. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 62-23 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 62-23. - Not to supply others.

No person supplied with water shall supply water in any way to any other person or persons without the written authorization from the environmental services department director of public works or his designee, nor shall any person supplied with water he permit others to use his or her hose or attachments, or leave them exposed to the use of others. SECTION TWENTY-ONE: AMENDMENT TO MUNICIPAL CODE SECTION 62-28. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 62-28 of the Arkansas City Municipal Code to read as follows (deleted provision struck through; new provision in italics):

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Sec. 62-28. - Protection of the health of the community.

The city reserves the right to discontinue service to any user whenever, in the opinion of the environmental services department director of public works, the piping or conditions on the premises of the user may constitute a health hazard to anyone. SECTION TWENTY-TWO: AMENDMENT TO MUNICIPAL CODE SECTION 62-29. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 62-29 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 62-29. - Access to property.

The city shall have access at all reasonable hours to any premises where it may be necessary to ascertain the reading of the meter, location or condition of water pipes or other fixtures attached to the waterworks system of the city, or to shut off or let on water from or to any hydrant, pipe, or other attachment, or for the purpose of to seeing that the rules and regulations are observed, or for any other purpose that the environmental services department director of public works or his designee may deem essential for the operation of the waterworks system, prevention of waste or protection of revenue from the waterworks. SECTION TWENTY-THREE: AMENDMENT TO MUNICIPAL CODE SECTION 62-67. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 62-67 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 62-67. - General information. (a) Purpose. The purpose of this article is:

(1) To protect the public potable water supply of the city from pollution or contamination due to cross-connection;

(2) To prohibit and eliminate all cross-connections within the public potable water supply system; and (3) To provide for the maintenance of a continuing effective cross-connection control program and thus

protect the public health. (b) Responsibility. The environmental services department director of public works or his designee shall be

responsible for effectively conducting the cross-connection control program of the city public potable water supply. If, in the judgment of said department director, an approved backflow prevention device is required, the department shall director or his agent will give notice in writing to the customer to install the proper device. Failure to comply shall be grounds for discontinuing water service to said customer until the device is properly installed within the allotted time frame.

SECTION TWENTY-FOUR: AMENDMENT TO MUNICIPAL CODE SECTION 62-68. The Governing Body of the City of Arkansas City, Kansas, hereby amends a portion of Section 62-68 of the Arkansas City Municipal Code to read as follows (deleted provision struck through; new provision in italics): Sec. 62-68. - Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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Agency means the city and its environmental services department, which director of public works who is

responsible for enforcement of this article. SECTION TWENTY-FIVE: AMENDMENT TO MUNICIPAL CODE SECTION 62-69. The Governing Body of the City of Arkansas City, Kansas, hereby amends a portion of Section 62-69 of the Arkansas City Municipal Code to read as follows (deleted provision struck through; new provisions in italics): Sec. 62-69. - Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a) Generally. A public potable water supply system shall be designed, installed and maintained in such a manner as

to prevent contamination from nonpotable sources through cross-connections or any piping connection to the system.

(b) Cross-connections prohibited. Cross-connections are prohibited, except when and where as approved by the

environmental services department director of public works suitable backflow preventers are installed, tested, and maintained to ensure proper operation on a continuing basis.

SECTION TWENTY-SIX: AMENDMENT TO MUNICIPAL CODE SECTION 62-70. The Governing Body of the City of Arkansas City, Kansas, hereby amends a portion of Section 62-70 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 62-70. - Installation. (c) Connections subject to backpressure. Where a potable water connection is made to a line, fixture, tank, vat,

pump or other equipment with a hazard of backflow or backsiphonage where the water connection is subject to backpressure, and an air gap cannot be installed, the environmental services department director of public works may require the use of an approved reduced-pressure principle backflow preventer. A partial list of such connections is shown in the following table:

Partial List of Cross-Connections Subject to Back Pressure Chemical lines Pumps Dock water outlets Steam lines Individual water supplies Swimming pools Industrial process water lines Pressure tanks Tanks and vats—bottom inlets Hose bibs

(d) Dual check valve. A dual check valve may be installed at the meter. These valves shall be inspected and

repaired not less frequently than every third year. These valves shall be installed only in situations in which where the environmental services department director of public works is assured that only non-contaminating substances are subject to backflow into the potable system.

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SECTION TWENTY-SEVEN: AMENDMENT TO MUNICIPAL CODE SECTION 62-72. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 62-72 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 62-72. - Violations; notifications.

The environmental services department director of public works or his designee shall notify the owner or authorized agent of the owner of a building or premises in which there is found a violation of this article of such violation. The environmental services department director of public works shall set a reasonable time for the owner to correct have the violation corrected. If the owner fails to correct the violation within the specified time, the city shall cease delivery of water to the building or premises until the violation is corrected shall be satisfactorily corrected, provided that the customer has the right to request a hearing prior to termination of such service, in accordance with section 62-32. SECTION TWENTY-EIGHT: AMENDMENT TO MUNICIPAL CODE SECTION 62-130. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 62-130 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 62-130. - General provisions. (a) Purpose. The purpose and objective of this article are as follows:

(1) To maintain and improve the quality of surface water and groundwater within the city;

(2) To prevent the discharge of contaminated stormwater runoff from industrial, commercial, residential, and construction sites into the storm sewer system and natural waterways within the city;

(3) To promote public awareness of the hazards involved in the improper discharge of hazardous

substances, petroleum products, household hazardous waste, industrial waste, sediment from construction sites, pesticides, herbicides, fertilizers, and other contaminants into the storm sewers of the city;

(4) To encourage recycling of used motor oil and safe disposal of other hazardous consumer products; (5) To facilitate compliance with state and federal standards and permits by owners of industrial and

construction sites within the city; and (6) To enable the city to comply with all federal and state laws and regulations applicable to its National

Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges. (b) Administration. Except as otherwise provided herein, the public services superintendent director of public

works, stormwater coordinator, chief code enforcement officer, and/or fire chief or his or her designee (hereafter, the city officer), shall administer, implement and enforce the provisions of this article.

(c) Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this

article, shall have the meanings hereinafter designated. To the extent these definitions conflict with or are supplemented by any definition contained within the state or United States’ federal regulations applicable to discharges, such definition shall prevail over, or supplement, that contained herein.

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SECTION TWENTY-NINE: AMENDMENT TO MUNICIPAL CODE SECTION 62-135. The Governing Body of the City of Arkansas City, Kansas, hereby amends a portion of Section 62-135 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 62-135. - Stormwater discharges from construction activities. (b) Sites requiring federal and/or state NPDES stormwater discharge permits. All owners of, developers of and

contractors on construction activity sites that disturb one acre or greater, or that are part of a common plan of development one acre or greater, or sale requiring said permit(s), shall comply with the following requirements, in addition to those in subsection (a) of this section:

(1) Any owner who intends to obtain coverage for stormwater discharges from a construction site under a

state industrial general permit or a construction general permit shall submit a signed copy of its NOI to the city’s manager public works department when a building permit application is made. If the construction activity already is under way underway upon the effective date of the ordinance from which this article is derived, the NOI shall be submitted within 30 days. When ownership of the construction site changes, a revised NOI shall be submitted within 15 days of the change in ownership.

(2) An SWPPP shall be prepared and implemented in accordance with the requirements of the construction

general permit, or any individual or group NPDES permit issued for stormwater discharges from the construction site, and with any additional requirement imposed by or under this article and any other applicable law.

(3) The SWPPP shall be prepared by a landscape architect or residential or landscape contractor and shall

comply with state NPDES requirements. The signature of the preparer shall constitute his or her attestation that the SWPPP fully complies with the requirements of any applicable law and/or permit.

(4) The SWPPP shall be completed prior to the submittal of the NOI to the city’s manager public works

department and for new construction, prior to the commencement of construction activities. The SWPPP shall be updated and modified as appropriate and as required by the NPDES permit.

(5) The city officer may require any owner who is required by subsection (b)(2) of this section to prepare a

SWPPP, to submit the SWPPP, and any modifications thereto, to the city’s manager public works department for review at any time.

(6) Upon the city officer’s review of the SWPPP and any site inspection that he may conduct, if the SWPPP is

not fully implemented, the city may upon reasonable notice to the owner, deny approval of any building permit, site development plan, final occupancy certificate, or any other city approval necessary to commence or continue construction. A stop work order also may be issued.

(7) All contractors working on a site subject to a construction permit or a general permit shall sign a copy of

the appropriate certification statement prescribed in the erosion and sediment control manual before beginning work on the site.

(8) All contractors are responsible for their own activities to ensure they comply with the owner’s SWPPP. (9) The SWPPP and the certifications of contractors required by subsection (b)(7) of this section, and with

any modifications attached, shall be retained at the construction site from the date of construction commencement through the date of final stabilization.

(10) The city officer may notify any owner at any time that the SWPPP does not meet the requirements of

the NPDES permit issued or any additional requirement imposed by or under this article. Such

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notification shall identify those provisions of the permit or these articles which are not met by the SWPPP, and identify which provisions of the SWPPP require modification in order to meet such requirements. Within 30 days of such notification from the city, the owner shall make the required changes to the SWPPP and shall submit to the city officer a written certification from the owner that the requested modifications have been made.

(11) The owner shall amend the SWPPP whenever there is a change in design, construction, operation, or

maintenance, which has a significant effect on the potential for the discharge of pollutants to the storm sewer system or to the waters of the United States, and which otherwise has not otherwise been addressed in the SWPPP, or if the SWPPP proves to be ineffective in eliminating or significantly minimizing pollutants, or in otherwise achieving the general objective of controlling pollutants in stormwater discharges.

(12) Based on the results of the inspections required by subsection (a)(2) of this section, the pollution

prevention measures identified in the SWPPP shall be revised as appropriate. Such modifications shall provide for timely implementation of any changes to the SWPPP within seven calendar days following the inspection.

(13) A report summarizing the scope of any inspection required by subsection (a)(2) of this section, and the

names and qualifications of personnel making the inspection, the dates of the inspection, major observations relating to the implementation of the SWPPP, and actions taken in accordance with subsection (a)(2) of this section above shall be made and refined on site or at a local office as part of the SWPPP. Such report shall identify any incidence of noncompliance. Where a report does not identify any incidence of noncompliance, the report shall contain a certification that the facility complies with the SWPPP, the facility’s NPDES permit, and this article. The report shall be certified and signed by the person responsible for making the inspection.

(14) The owner shall retain copies of any SWPPP and all reports required by this article or by the NPDES

permit for the site, and records of all data used to complete the NOI for a period of at least three years from the date that the site is finally stabilized.

(15) Upon final stabilization of the construction site, the owner shall submit written certification to the city’s

manager public works department or its designee that the site has been finally stabilized. The city may withhold the final occupancy or use permit for any premises constructed on the site until such certification of final stabilization has been filed and the city manager public works department or its designee has determined, following any appropriate inspection, that final stabilization has occurred and that any required permanent structural controls have been completed.

SECTION THIRTY: AMENDMENT TO MUNICIPAL CODE SECTION 62-136. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 62-136 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 62-136. - Stormwater discharges associated with industrial activity. All owners and operators of industry shall comply with the following requirements:

(1) Any owner who intends, after the effective date of the ordinance from which this article is derived, to obtain coverage for a stormwater discharge associated with industrial activity under a state industrial general permit shall submit a signed copy of its NOI to the city manager public works department or its designee.

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(2) When required by its NPDES permit, all industry, as defined in section 62-130, shall prepare a SWPPP and implement said plan in accordance with the requirements of its state or federal NPDES permit.

(3) The SWPPP, when required, shall be prepared and signed by a professional licensed engineer and

comply with all state NPDES requirements. The signature of the preparer shall constitute his or her attestation that the SWPPP fully complies with the requirements of the NPDES permit.

(4) The SWPPP, when required, shall be updated and modified as appropriate, and as required by the

NPDES permit and this article. (5) A copy of any NOI that is required by subsection (a)(1) of this section shall be submitted to the city in

conjunction with any application for a permit or any other city approval necessary to commence or continue operation of the industrial facility.

(6) The city officer may require any owner or operator who is required by subsection (a)(2) of this section to

prepare a SWPPP, and to submit the SWPPP, and any modifications thereto, to the city manager public works department or its designee for review.

(7) Upon the city’s review of the SWPPP and any site inspection conducted, the city officer may, upon

reasonable notice to the owner, deny approval necessary to commence or continue operation of the facility, on the grounds that the SWPPP does not comply with the requirements of the NPDES permit, or any additional requirement imposed by or under this article. Also, if at any time the city officer determines that the SWPPP is not being fully implemented, upon reasonable notice to the owner, he or she may deny approval of any application for a permit or other city approval necessary to commence or continue operation of the facility.

(8) The SWPPP, if required, with any modifications attached, shall be retained at the industrial facility from

the date of commencement of operations until all stormwater discharges associated with industrial activity at the facility are eliminated and the required NOT has been submitted.

(9) The city officer may notify the owner at any time that the SWPPP does not meet the requirements of

the NPDES permit, or any additional requirement imposed by or under this article. Such notification shall identify those provisions of the permit or article which are not met by the SWPPP, and identify which provisions require modification in order to meet such requirements. Upon 30 days of such notification from the city, the owner shall submit to the city manager public works department a written certification that the requested changes have been made.

(10) The owner shall amend the SWPPP, if required, whenever there is a change in design, construction,

operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to the storm sewer system or to the waters of the United States, or if the SWPPP proves to be ineffective in eliminating or significantly minimizing pollutants, or in otherwise achieving the general objective of controlling pollutants in stormwater discharges.

(11) As may be required by the facility’s NPDES permit, qualified personnel (provided by the owner) shall

inspect equipment and areas of the facility specified in the SWPPP at appropriate intervals or as may be specified in its NPDES permit. A set of tracking or follow-up procedures shall be used to ensure that appropriate appreciate actions are taken in response to the inspections. Records of inspections shall be maintained.

(12) Industrial facilities shall implement a sampling and testing program as required by its individual NPDES

permits. The city may require submission of written reports of any such monitoring and testing.

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(13) The owner shall retain the SWPPP and all sampling and testing reports until at least one year after stormwater discharges associated with industrial activity at the facility are eliminated, or the operator is no longer operating the facility, and a NOT has been submitted.

(14) For discharges subject to the semi-annual or annual monitoring requirements of the industrial general

permit, in addition to the records-retention requirements of the subsection above, owners are required to retain for a six-year period from the date of sample collection, records of all sampling and testing information collected. Owners must submit such monitoring results, and/or a summary thereof, to the city manager public works department or its designee upon request.

(15) After the effective date of the ordinance from which this article is derived, no stormwater discharge

shall contain any hazardous metals in a concentration that would result in the violation of any state surface water quality standard.

SECTION THIRTY-ONE: AMENDMENT TO MUNICIPAL CODE SECTION 62-142. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 62-142 of the Arkansas City Municipal Code to read as follows (deleted provision struck through; new provision in italics): Sec. 62-142. - Enforcement authorized.

The following personnel employed by the city shall have the power to issue notice of violations, orders, citations and implement other enforcement actions under this article:

(1) All authorized personnel under the supervision of the public services superintendent director of public works;

(2) All authorized personnel under the supervision of the chief code enforcement officer; (3) All authorized personnel under the supervision of the fire chief; (4) All authorized personnel under the supervision of the stormwater coordinator.

SECTION THIRTY-TWO: AMENDMENT TO MUNICIPAL CODE SECTION 62-143. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 62-143 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 62-143. - Supplemental enforcement actions. (a) Performance bonds. Where necessary for the reasonable implementation of this article in the sole discretion of

the city manager department director of public works, the city may, by written notice, order any owner of a source of stormwater discharge associated with construction or industrial activity affected by this article to file a satisfactory bond, payable to the city, in an amount determined by the city manager public works department or its designee to be necessary to achieve consistent compliance with this article. The city may deny approval of any building permit, subdivision plat, site development plan, or any other city permit or approval necessary to commence or continue construction or industrial activity at the site, or to assume occupancy, until such a performance bond has been filed.

(b) Liability insurance. Where necessary for the reasonable implementation of this article in the sole discretion of

the city officer, the city may, by written notice, order any owner of a source of stormwater discharge associated with construction or industrial activity affected by this article to submit proof that it has obtained liability insurance, or other financial assurance, in an amount determined by the city manager public works department

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or its designee, that is sufficient to remediate, restore, and abate any damage to the storm sewer system, the waters of the United States, or any other aspect of the environment that is caused by the discharge.

SECTION THIRTY-THREE: 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 THIRTY-FOUR: 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 6th day of August, 2019. (Seal) Jay Warren, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM: Tamara L. Niles, City Attorney

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Ordinance No. 2019-08-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on August 6, 2019, as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

Item for City Commission Action Section VIII Items 1-7



Staff Contact Nick Hernandez

Title: City Manager Updates Description:

1. The Cowley College Education Center will have a grand opening and ribbon-cutting ceremony from 3 to 5 p.m. Thursday, August 8 at the education center, located at 221 W. Chestnut Ave.

2. Lt. Governor Lynn Rogers is scheduled to visit Arkansas City on Monday, August 12. He will be speaking to the Rotary Club at noon in the Wright Room at Cowley College’s Brown Center, located at 215 S. Second St. He also may tour area businesses and the Water Treatment Facility.

3. The next RISE Cowley coalition meeting is at 10 a.m. Tuesday, August 13 (probably in Winfield).

4. The next monthly Cowley County Legislative Committee meeting will be at noon Tuesday,

August 13 at the Arkansas City Area Chamber of Commerce, located at 106 S. Summit St.

5. The next Cowley County Commission meeting will be at 6 p.m. Tuesday, August 13 in the assembly room at the Cowley County Courthouse. The East Chestnut bridge will be discussed.

6. Thursday, August 15 is “City Hall Selfie Day.” Come take a selfie in front of City Hall and post it!

7. The next City Commission study session will be at noon Friday, August 16, in the city manager’s

office at City Hall. Commissioners will discuss the agenda for the regular meeting on August 20.

Approved for Agenda by:

City Manager

Item for City Commission Action Section IX Item 1a



Staff Contact Andrew Lawson

Title: City Advisory Board Reports Description: The following approved board minutes are included in this packet:

• May 16 — Building Trades Board • June 17 — Northwest Community Center Advisory Board • June 20 — Arkansas City Recreation Commission • June 27 — Beautification and Tree Advisory Board • July 12 — Arkansas City Recreation Commission (special budget hearing)

Commission Options: 1. No action needed. Approved for Agenda by:

City Manager

City of Arkansas City Building Trades Board

Agenda

Regular meeting held on Thursday, May 16, 2019 at 5:15 PM at the Water Treatment Facility Conference Room. Brian Lawrence called the meeting to order at 5:15 PM Roll Call: Mark Bartlett David Billings Brian Lawrence Randy Smith Chris Rains Jace Kennedy Ken Miller Jamie Terrill Michael Hunt Meeting minutes from March 21, 2019 1. Contractor Licensing and Exams Ordinance

Brian Lawrence stated to the board that the packet included the changes along with the corrections. Brian asked what staff would like

for the board to do with the ordinance. Mike and Andrew both stated they would like the board to look over the entire ordinance and

make sure that ordinance is written what the board wanted. Mike Hunt asked what applicable law was referencing with the LPG tanks.

Dave Billings thought that in the municipal code that the only thing allowed in the city limits was a small gallon tank. Andrew stated

that he could run that through the Fire Chief, and that was in the existing law and that he would get clarification on that. After

discussion, the board felt that the section should be clarified with the Fire Chief. Mike Hunt also asked about metallic tubing and what

it meant. Mike Bellis stated that it was changed in the 2015 code cycle. Dave Billings said that copper tubing was being removed and

to use metallic tubing instead. Brian Lawrence stated that during that code cycle, the use of copper piping was to be eliminated and

that as a group, the Tri-City area didn’t want to use that right now until the bigger municipalities are using copper piping. Andrew read

the amended Fuel Gas Code. Brian stated the one change he noticed and asked if he had not used the fire code prior to this, Andrew

stated that it had not been in the municipal code prior to this.

2. Gas Pressure Test Done by Mechanical Contractors

Brian asked if the city staff had a recommendation. Mike Bellis said that it didn’t matter either way and he stated that the mechanical

contractor would have to have the Fuel Gas on the Mechanical Test with ICC. Dave Billings stated that Plumbers had been the only

one to do this test and could fix a problem if one arose. Mike asked what Winfield required of that. Brian Lawrence stated that if the

Mechanical Contractor had passed the required test, they should be able to do the gas pressure test. Ken Miller asked if the insurance

would stay the same. Brian Lawrence made the motion that HVAC should be able to do pressure tests and make repairs if they have

the proper testing. Ken Miller abstained from voting. Carl Bowman, from the audience, had a question. Mike Hunt stated that when

turning the gas on after the pressure test had been done, he had found several issues with gas meters, house piping, and appliances that

have not been hooked up and the gas to be turned on. Dave Billings said that he was going both ways, but with the HVAC that was

doing an install and then they start getting into the gas piping that may be secondary to the furnace, where the plumber would only be

doing the gas piping. Ken Miller stated that when Jim Hendershot was in office, that was when it went from 3’ to 6’ for repair. Brian

Lawrence stated that it was the same test with the same book IFGC 2015. There was no second. After discussion, Terice will audit the

files and see what contractor has what testing, compare the testing and compare with other municipalities on what they allow for the

mechanical test. Brian Lawrence made a motion to table this and Jace Kennedy made the second. A voice vote carried the motion.

3. Issuing Licenses to Out-of-State Contractors After Storms

Brian Lawrence read the email from Mike Munson. Dave asked if we could do this. Mike Bellis stated that we would have to get with

Tamara Niles. He stated that the only thing different with this, versus what was just passed, was roofers would need to be registered

with the state. The things against this were if we have a major hail storm, holding a contractor’s application for 30 days prior to

issuing a license and permit. Ken Miller asked what checks can be made to issue the license. Mike stated that as long as the contractor

was registered with the state and passed the exam, that’s it. Dave Billings said that we could put a contractor on hold for 30 days.

Mike Bellis could see a problem and would like to discuss with Tamara about this. Mike Hunt asked what the process was to revoke a

contractor’s license. After discussion, the board decided to not do anything at this time. No action was taken.

4. Flooding in Homes (Mike Hunt)

Mike Hunt addressed the board and stated that a situation had popped up in anther town where appliances were in flooded basements.

The gas company turned the gas off because of the flooding. The water was pumped out, then they wanted the gas turned back on.

Mike’s concern is that the appliances get inspected before the gas gets turned on and after the water is pumped out. Dave Billings

asked if the Gas Company red-tagged the appliances. Mike said yes, but it may not protect the renter. After further discussion, there

was no action taken.

5. Miscellaneous

None at this time

Ken Miller made a motion to adjourn the meeting, and Jace Kennedy made the second. Voice vote carried the motion.

NORTHWEST COMMUNITY CENTER ADVISORY BOARD MINUTES FOR JUNE 17TH 2019.

BOARD MEMBERS PRESENT: JACKIE BARNETT, FELIPE ESCALANTE, RUBEN GARCIA AND GARY HALE. DIRECTOR CINDY BENNETT WAS ALSO PRESENT.

CINDY REPORTED:

1. ONCE WE GET PICTURES ON OUR WEBSITE, IT COULD BE MADE PUBLIC. WE NEED TO THINK ABOUT PUTTING ON OUR CHANNEL 7.

2. Need to enforce No Smoking rule on premises. That includes vaping also. Ruben brought up that our cigarette container is missing out front.

3. Going to ask police to patrol this area more. 4. Need to get plenty of signage: “Absolutely no smoking on premises. Report

that underage smoking is going on outside when Cindy is not here.” We need to discuss this further.

5. Reported how everything is going with the children who come into the center. An issue with two children has happened and Cindy wanted the board’s input.

6. We need to purchase new games for the kids to play.

Board asks:

1. Felipe Escalante asked about trying to get grant to help at the NWCC. He also suggested the Internet be serviced to have quicker service. Felipe asked that Matt Metzinger clean computers and upgrade speed, etc.

2. Gary Hale brought up that the Optimists would like to have another spaghetti dinner. The Optimists have sauce left over and would like to use it before too long. It was decided after school starts back up, we would have another dinner. That way, Cindy can let the kids and their families know.

Meeting was adjourned. Next meeting: July 15th, 2019

Arkansas City Recreation Commission MINUTES OF REGULAR MEETING

June 20, 2019 @ 7:00 a.m. Arkansas City Recreation Center, 225 East 5th Ave. – Arkansas City, Kansas 67005

Board Members Present: Mr. Tad Stover

Mr. Jason O’Toole Mr. Ron Smith Mr. Andy Paton Mr. Dave Pontious

Board Members Absent: None Staff Members Present: Mr. Joe Krisik Mrs. Cheryl Schmidt Guests/Registrants Present: None

1) Call to Order: Approve the Agenda for Regular Meeting: Jason O’Toole called the meeting to order at 7:00 a.m. Motion was made by Tad Stover to approve the agenda as posted; seconded by Ron Smith; motion passed.

2) Approve the Minutes of the Previous Meeting: Motion was made by Andy Paton to approve the minutes of the May meeting as submitted; seconded by Tad Stover; motion passed.

3) Review YTD Budget Expenditures and Consider Approval of Purchase Order from May 16-June 18: Motion was made by Ron Smith and seconded by Andy Paton to approve the purchase orders from May 16th - June 18th.

4) Review 2019-2020 Annual Budget and Set Date for Public Hearing (July 12): ACRC Staff and Board have worked on the budget for the past several weeks. The process has included staff/board member meetings and discussion with USD 470 and Cowley & Sumner County officials. Important considerations for the 2019-2020 budget include the mill levy is more than anticipated, income of grant money has declined, higher income/expenses due to food program, and expenses for unexpected property maintenance. Tad Stover made a motion to set Friday, July 12, 2019 at 12:00 noon as the date for public hearing for the 2019-2020 annual budget; Jason O’Toole seconded; motion passed unanimously.

5) Conduct Election for President, Vice President and Secretary: It is the time of year to conduct ACRC Board elections for President, Vice President and Secretary for the 2019-2020 fiscal year. Tad Stover made a motion to elect Jason O’Toole as President, Andy Paton as Vice President and Dave Pontious as Secretary; motion passed unanimously.

6) Review Superintendent Report: • ACRC summer programs have begun, with everything running as smoothly as can be expected. Staff has

been busy coordinating a wide variety of programs and activities. Programs and enrollment numbers are up in some programs and down in others compared to last year.

• The summer swimming season is under way. Monday through Thursday, roughly 120 children swim from IYQ Camp. Staff is doing a great job of maintaining a safe/clean pool, with very few issues. We’ve had some bad luck with weather conditions this year so far. We were not able to open on time and we’ve lost a couple of days to bad weather. We have the “World’s Largest Swim Lesson” today and “Swim on the River” event Friday.

• We almost have our third week of IYQ Camp in the books. Everything has been running well. We are averaging about 120-130 campers per week.

• We are serving more than 300 children a day, Monday through Thursday, at the Agri-Business Building. We serve 30 per day at Kidz Café, Monday through Friday. And we just started serving at the Farm and Art Market at Wilson Park on Tuesday evenings.

• The fishing derby was canceled due to flood waters. We were sad to see this happen. I guess on the bright side, poles and shirts are in for next year’s event.

• Everything is going well at the sports complex and everyone seems to enjoy the facility. I have to inspect groundskeepers’ work daily. We have about week and a half of league play. We hosted our NBC Top Gun Tournament with 29 teams on June 8th. We had a great Saturday, only to succumb to bad weather on Sunday. A lot of compliments on our facility, including concessions.

• We still do not have electricity at the Dow Complex. We’ve been unable to get a mower on the west side of the complex because of sand boils. Hopefully, we can get a brush hog in there and start getting things back

to normal. I possibly see a problem with games for Fall Soccer being played there. The drainage ditch needs repaired with heavy equipment, which could tear up parts of the west field.

• I’ve received information from Maci DeCoudres and Karen Madison with Cowley County, and Jennifer Strickland from Sumner County. The mill is going up this year; I’ve adjusted the budget accordingly.

7) Adjournment: Ron Smith made a motion to adjourn at 7:30 a.m.; Andy Paton seconded; motion passed.

Signed_____________________________________ Date____________________ Signed_____________________________________ Date____________________

Arkansas City Beautification and Tree Advisory Board 6/27/19 Minutes

A regular meeting was held Thursday, June 27, 2019, in the City Manager’s Office. The meeting was called to order at 4:02 p.m. Roll Call: Board Members Staff Liaisons Robin Henderson (by telephone) Mike Bellis Nancy Holman Nick Hernandez Paisley Howerton Andrew Lawson Brooke Padgett Audrey Mundy Peggy Soule Tamara Niles Jessica Taylor Tony Tapia Jill Wineinger Brian Williams 1. Approve May Meeting Minutes:

Brooke moved to approve the minutes of the May 23 regular meeting. Jessica seconded the motion, which was approved 4-0.

2. Adoption Request: City-Owned Parking Lot at A Street and Central Avenue

Andrew passed out copies of the application form from Donna Kunkel, with Women In Search of Hope (W.I.S.H.). He said it

is the same parking lot previously adopted by the Convention & Visitors Bureau and the Friends of the Burford.

Nick and Paisley both think P.E.O. is doing some work in both the Burford breezeway and the parking lot behind. Andrew

said he would like for Donna to be present and answer questions. The W.I.S.H. application was tabled until July 25.

Nancy joined the meeting in progress at 4:07 p.m. and Robin hung up her telephone connection shortly thereafter.

3. Free Friday Family Film Updates:

Paisley and Robin will help set up and tear down for “The Lego Movie 2,” which will start at 8 p.m. June 28 at Wilson Park.

“Aquaman” will be shown around 8:30 p.m. July 12. Andrew said staff does not need any volunteer help for this movie.

4. Marty Mutti Memorial Tree Planting:

Andrew said Mutti’s parents want to plant a tree in Marty’s memory. Staff will work with them to find a suitable location.

5. Neighborhood Improvement Grants:

Andrew asked Nick if the program could be presented to the City Commission and $5,000 requested in funding for 2020.

6. Tacolalah Committee Report:

Andrew asked Nancy if she is OK with working with Rags Smith on arts and crafts, but not serving on the 2020 Tacolalah

Committee itself. She said she would be fine with that. The next committee meeting will be at noon July 25 at Steamy Joe.

Nancy mentioned Maria Mendez as another person who would be good to reach out to and offered several more of her ideas.

7. The Pollinator Project Report:

Paisley didn’t have any updates. Andrew suggested getting the Project members back together soon to plan next year’s event.

8. Other Miscellaneous Items:

Andrew said the Alzheimer’s Awareness Benefit event will be from 3 p.m. to midnight July 27 at Wilson Park and Nick

informed the Board that paving of the Poplar Walking Trail should be completed soon. The exercise stations will be installed.

Brooke made a motion to adjourn the meeting. Jessica seconded the motion, which was approved 4-0 on a voice vote. The meeting

was adjourned at 4:52 p.m. The next regular meeting of the Beautification and Tree Advisory Board will be at 4 p.m. July 25, 2019.

Arkansas City Recreation Commission MINUTES OF PUBLIC HEARING

July 12, 2019 @ 12:00 p.m. Arkansas City Recreation Center, 225 East 5th Ave. – Arkansas City, Kansas 67005

Board Members Present: Mr. Tad Stover

Mr. Ron Smith Mr. Dave Pontious

Board Members Absent: Mr. Jason O’Toole Mr. Andy Paton

Staff Members Present: Mr. Joe Krisik Mrs. Cheryl Schmidt Guests/Registrants Present: None

1) Call to Order: Approve the Agenda: Dave Pontious called the meeting to order at 12:02 p.m. Motion was made by Ron Smith to approve the agenda as posted; seconded by Tad Stover; motion passed unanimously.

2) Review and Approve 2019-2020 Fiscal Year Budget: ACRC Staff and Board have worked on the budget for the past several weeks. The process has included staff/board member meetings and discussion with USD 470 and Cowley & Sumner County officials. Important considerations for the 2019-2020 budget include the following: Mill levy is more than anticipated, income of grant money has declined, higher income/expenses due to the food program, and expenses for unexpected property maintenance. Tad Stover made a motion to approve the 2019-2020 annual budget; Ron Smith seconded; motion passed unanimously.

3) Adjournment: Ron Smith made a motion to adjourn at 12:20 a.m.; Tad Stover seconded; motion passed.

Signed_____________________________________ Date____________________ Signed_____________________________________ Date____________________

city of arkansas city board of city commissioners · 2019-08-02 · city commission of arkansas...

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