city of arkansas city board of city commissioners · bond in the sum of $4,000.00, conditioned that...

City of Arkansas City Board of City Commissioners

Agenda

Regular Meeting Tuesday, March 5, 2019 @ 5:30 PM

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

I. Routine Business1. Roll Call2. Opening Prayer and Pledge of Allegiance3. Additions or Deletions to the Agenda (Voice Vote)4. Approval of the Agenda (Voice Vote)

II. Awards and Proclamations1. ACPD Lifesaving Award presented to Sergeant Eric Mata2. Proclaim March as Developmental Disabilities Awareness Month

III. Recognition of Visitors

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 February 19, 2019, regular meeting minutes as written.2. Ratify Mayor Jay Warren’s appointment of Mike Crandall to the Cowley County Council on Aging.

VI. Old Business1. Consider second reading of an Ordinance modifying Municipal Code Part II, Chapter 14,

concerning contractor licensure, contractor examination and the Building Trades Board, and modifying Municipal Code to so reflect. (Roll Call Vote)

VII. New Business1. Consider first reading of an Ordinance amending regulation of Cereal Malt Beverage/Alcoholic

Liquor licensees within the City of Arkansas City, Kansas to reflect changes to Kansas law; and amending the City of Arkansas City Municipal Code to so reflect. (Roll Call Vote)

2. Consider a Resolution authorizing the City of Arkansas City to purchase one (1) in-car recording system and twenty-six (26) body-worn cameras from WatchGuard, of Allen, Texas, for an amount not to exceed $33,100.00. (Voice Vote)

3. Consider a Resolution authorizing the City of Arkansas City to purchase two 2019 Ford F-350 1-

ton pickup trucks with flatbed dump and hoist packages from Reedy Ford, of Arkansas City, for an amount not to exceed $61,814.00. (Voice Vote)

VIII. City Manager Updates

1. Chamber Coffee at Agri-Business Building 2. Cowley County Legislative Committee meeting 3. 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, nearly 46,000 Kansans have grown up and live with intellectual and/or developmental disabilities; and WHEREAS, for many of these people with developmental disabilities, there now is the prospect of a brighter future and greater opportunity because Kansans are becoming increasingly aware that such disabilities need not keep individuals from realizing their full potential in school, at work or at home, as members of their families and of their communities; and WHEREAS, new opportunities have been created through the efforts of those with intellectual or developmental disabilities and their family members, along with professionals and officials at all levels of government, and working together, they have brought about significant changes in the public perception of young people and adults with developmental disabilities, opening new doors to independent and productive lives; and WHEREAS, one important new milestone is the fruitful partnership between government and the private sector in finding competitive, integrated employment for people with intellectual or developmental disabilities, people who otherwise might have been destined to a lifetime of dependency; and WHEREAS, in 1987, President Ronald Reagan proclaimed March as “Developmental Disabilities Awareness Month” after the deinstitutionalization movement of the 1970s and early ’80s had laid the foundation for significant social change, and the presidential proclamation called upon Americans to provide the “encouragement and opportunities” necessary for people with developmental disabilities to reach their potential. NOW, THEREFORE, I, Jay Warren, Mayor of the City of Arkansas City, do hereby proclaim the month of March 2019 as

Developmental Disabilities Awareness Month in Arkansas City. I also invite all individuals, agencies, and organizations concerned with supporting people with intellectual or developmental disabilities in the communities of their choice to observe this month with appropriate observances and activities directed toward increasing public awareness of the needs and the potential of Americans with developmental disabilities. I further urge all citizens to join me in giving our fellow citizens with such disabilities both encouragement and the opportunities they need to lead productive lives and achieve their full potential.

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

__________________________________

Name/Title: Jay Warren, Mayor Date: March 5, 2019

Item for City Commission Action Section V Item 1

Meeting Date 3/5/2019

Department/Division City Manager

Staff Contact Andrew Lawson

Title: Consent Agenda Item: Approve the February 19, 2019, regular meeting minutes as written. Description: Please see attached document. 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

February 19, 2019 Page 1

The Arkansas City Board of City Commissioners met in regular session at 5:30 p.m. Tuesday, February 19, 2019, in the Commission Room at City Hall, located at 118 W. Central Ave. Mayor Jay Warren called the meeting to order. Commissioners also present at roll call were Commissioners Kanyon Gingher, Dan Jurkovich, Duane L. Oestmann and Karen Welch. City employees present at the meeting were City Manager Nick Hernandez, City Attorney Tamara Niles, City Clerk Lesley Shook, Public Information Officer Andrew Lawson, Finance Director Kathy Cornwell, Public Works Director Mike Crandall, Police Chief Dan Ward, Fire Chief Bobby Wolfe, Arkansas City Fire-EMS Department Capt. Chet Ranzau, Human Resources Manager Marla McFarland, Building Official Mike Bellis and Emergency Management Coordinator Bob Frazee. Officers of the Arkansas City Police Department in attendance were Lt. Chris Arnett, Lt. Kevyn Ternes, Sgt. Jason Legleiter, Sgt. John Merz, Officer Cori Tuxhorn, and Master Police Officers Corey Combs, Nelson Douglas, T.J. Hall, Wade Hammond, Jeremy Samson and Ted Shinneman. Citizens in attendance included Kennedy Hall, Kurt Legleiter, Gareth McGee and Cowley CourierTraveler reporter John Shelman. Veterans of Foreign Wars Post No. 1254 was represented by post commander Charlie Cravens and quartermaster Michael Holland. Commissioner Jurkovich offered the opening prayer. Mayor Warren led the pledge of allegiance. Agenda Approval At City Manager Hernandez’s request, Commissioner Oestmann made a motion to amend the agenda by removing Item 1 from Old Business. Hernandez said staff needs more time to contact local property owners for their support. Commissioner Welch seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the agenda approved as amended. Awards and Proclamations The commissioners witnessed the presentation of the Officer of the Year award from Veterans of Foreign Wars Post No. 1254 to Master Police Officer Wade Hammond. VFW officers Charlie Cravens and Michael Holland praised Hammond’s accomplishments with the Drug Task Force. Mayor Warren issued a proclamation that March 4-8 is Severe Weather Awareness Week in Arkansas City. Emergency Management Coordinator Bob Frazee received the proclamation on behalf of the City of Arkansas City and previewed the statewide tornado drill that will be March 5. Consent Agenda Commissioner Oestmann made a motion to approve the consent agenda, including the following:



1. Approving the February 5, 2019, regular meeting minutes as written. 2. Ratifying Mayor Warren’s appointments of Anita Judd-Jenkins and Rags Smith to the

Equal Opportunity and Accessibility Advisory Board, and Kayleigh Lawson to the Historic Preservation Board.

Commissioner Gingher seconded the motion. A voice vote resulted in three yea votes and two nay votes, with Commissioners Gingher and Jurkovich dissenting. Commissioner Jurkovich said he was not personally in favor of expanding the Equal Opportunity Board from five to seven members. Mayor Warren declared the consent agenda approved. New Business

Pledge of Sales Tax Revenues Ordinance No. 2019-02-4481

City Clerk Shook presented for discussion a first reading of an ordinance pledging the general purposes proposed for the future use of revenue to be received from the Health Care Sales Tax. City Manager Hernandez said the ordinance pledges 95 percent of the existing sales tax revenue to pay South Central Kansas Medical Center’s bond payments, which is what was proposed to voters. He said the remaining 5 percent would be held in a special fund and could be used for multiple purposes, including any costs to refinance those construction bonds to a lower overall interest rate. Commissioner Jurkovich made a motion to approve the ordinance. Mayor Warren seconded the motion. A roll call vote was unanimous in favor of the motion. Mayor Warren declared the motion approved and given Ordinance No. 2019-02-4481.

Amending the Pay Ordinance Ordinance No. 2019-02-4482

City Clerk Shook presented for discussion a first reading of an ordinance fixing the compensation of City employees, by removing the position of Distribution & Collection Maintenance Worker III and fixing the compensation for new positions of Wastewater Collection Maintenance Worker III and Water Distribution Maintenance Worker III, pursuant to the provision of K.S.A. 14-1501 et seq., and repealing Ordinance No. 2018-12-4476. Human Resources Manager McFarland said that in practice, it was proving better to divide the level III maintenance workers back into two separate and distinct positions. This allows each class of worker to focus on the specific duties and reduces the number of certifications they must have.



Commissioner Oestmann made a motion to approve the ordinance. Commissioner Welch seconded the motion. Commissioner Gingher asked if this would require the current employees to attain the necessary certifications in order to keep their jobs. McFarland said they would be given a reasonable amount of time to do so. Both workers are close to completing their needed requirements, she indicated. Commissioner Gingher asked if the workers would be fired if they cannot attain the necessary certifications. Both McFarland and City Manager Hernandez said the City will work with them if needed, but Hernandez said he doesn’t think that will be a problem. A roll call vote resulted in four yea votes and one nay vote, with Commissioner Gingher dissenting. Mayor Warren declared the motion approved and given Ordinance No. 2019-02-4482.

Carbon Monoxide Alarms and Contractor Licensing

City Clerk Shook presented for discussion a first reading of an ordinance modifying Municipal Code Part II, Chapter 14, concerning carbon monoxide alarms, contractor licensure and examination, and the Building Trades Board, and Chapter 34, adopting by reference the 2015 International Fire Code (IFC), amending that code and modifying Municipal Code to so reflect. Building Official Bellis talked about the changes concerning carbon monoxide alarms, which are a health and safety issue. He showed where in a residence they would be required by the new code. Bellis said the alarms are affordable, ranging from around $20 to upwards of $70 for deluxe alarms. He said alarms can be either battery-powered or hardwired. They already are required on remodels and new housing if there is an attached garage or fuel-burning appliance present, but this ordinance would expand the requirement to also require installation upon a change of occupancy. Bellis explained that change-of-occupancy inspections occur when the gas has been turned off for a certain period of time and he has to inspect the appliances before they can be reconnected to gas. Fire Chief Wolfe and Fire Marshal Ranzau presented changes from the 2009 IFC to the 2015 IFC. Commissioner Jurkovich made a motion to table the ordinance for a second reading. Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the motion approved. The ordinance will be split into two separate ordinances, per City Attorney Niles — one for carbon monoxide and the IFC; the other for licensing.



Hike-Bike Trail Phase II Design Resolution No. 2019-02-3237

City Clerk Shook presented for discussion a resolution authorizing the City to enter into a contract with Smith & Oakes, Inc., to provide engineering design, construction engineering and construction inspection services for the Arkansas River Hike-Bike Trail Phase II extension project, for an amount not to exceed $225,631.00. The City has been awarded an $840,091.00 grant for this work. Public Works Director Crandall said the City will pay the full cost of design and 10 percent of the construction inspection costs. City Manager Hernandez said Westar’s money will be used for both. Commissioner Jurkovich made a motion to approve the resolution. Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Warren declared the resolution approved and given Resolution No. 2019-02-3237. Commissioner Jurkovich asked if some of the excess Westar funds could be used to improve Williams Way and the access to McFarland Pond. Hernandez said the City could look into that. City Manager Updates City Manager Hernandez provided the commissioners with the following reminders and updates:

• Commissioner Gingher will be host to the next Arkansas City Chamber of Commerce coffee at 10 a.m. February 21 at The Grinder Man, located at 101 S. Summit St.

• The next quarterly Cowley County Service Alliance meeting will be at 5:30 p.m. February 21 at the Cowley County Courthouse, located at 311 E. Ninth Ave. in Winfield.

• There will be a special retirement reception for Arkansas City Police Department Capt. Mark McCaslin from 1 to 3 p.m. February 28 in the commission room at City Hall.

• The Cowley County Job Fair is from 3 to 5 p.m. February 28 at the Wright Room in Cowley College’s Brown Center, located at 215 S. Second St. The City will participate in this event.

• The next City Commission study session will be at noon March 1 in Hernandez’s office. • The next monthly RISE Cowley health coalition meeting will be at 10 a.m. March 5 in the

conference room at the Strother Field Terminal Building, located at 22193 Tupper St. Other Business Police Chief Ward presented the Arkansas City Police Department’s annual asset forfeiture report. His eventual goal for the Special Law Enforcement Trust Fund is to possibly use forfeited funds to purchase a used vehicle to serve as a School Resource Officer’s vehicle and free up a patrol vehicle.



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. Mayor Warren declared the meeting adjourned at 6:32 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




Title: Consent Agenda Item: Ratify Mayor Jay Warren’s appointment of Mike Crandall to the Cowley County Council on Aging. Description: The City of Arkansas City can appoint two representatives to the Cowley County Council on Aging, which meets on the second Friday of each month at Baden Square in Winfield. This council oversees a variety of aging-related services in Cowley County and works closely with the Senior Citizens Center. These positions have been vacant for several years, although a volunteer at the Senior Center has been attending recently in an unofficial capacity. This person has notified Director of Senior Services Kristin Sparks that they will be moving out of state soon, however, prompting the need for a new appointment. Public Works Director Mike Crandall is a dedicated volunteer at the Senior Center who delivers Meals on Wheels each Thursday to seniors in the community who are unable to leave their homes. He has been interested in attending Council on Aging meetings for a while now and is willing to serve a full term. Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration. Approved for Agenda by:

City Manager

Board Vacancies as of February 27, 2019

Board, Commission, Committee or Council Board and/or Staff Recommendations

Applications Received (or Interest Expressed)

Community Spirit Award Committee ― can appoint 1-2 additional members

Accepting applications

Cowley County Council on Aging ― 2 Vacancies Mike Crandall

Equal Opportunity and Accessibility Advisory Board

Iris Turner

Northwest Community Center Advisory Board Wesley Bradford

Planning Commission (3-Mile Growth Area) ― 1 Vacancy

Ron Slaven

Retired Citizens Advisory Council Iris Turner

Potential Upcoming Reappointments

Board/Commission/Committee/Council Member(s) / Term Expiration Date Notes Planning Commission (3-Mile Growth Area) Brian Wells / February 1, 2018 Does not technically live in

3-mile growth area Planning Commission / Board of Zoning Appeals Mell Kuhn / February 1, 2019 Kuhn finished Albert

Brown’s incomplete term Planning Commission (3-Mile Growth Area) Vacant / February 1, 2019 Must live outside City

limits in 3-mile growth area Retired Citizens Advisory Council Glen Morrison / February 1, 2019

Recreation Commission Andrew Paton / June 1, 2019 Paton is finishing Kim Hocker’s incomplete term

Beautification and Tree Advisory Board Robin Henderson, Jessica Taylor / January 1, 2020

Community Spirit Award Committee Kim Hager, Arleta Rice / January 1, 2020 Appointed to 2-year terms

Convention and Visitors Bureau Board of Directors

Arty Hicks / January 1, 2020 At Large / Chairman Shawn Silliman / January 1, 2020 Tourism / Secretary

Equal Opportunity and Accessibility Advisory Board

James Fry / January 1, 2020 Vice Chair (with disability) Tammy Lanman-Henderson / January 1, 2020

Former HRC member who now serves as Chairwoman

Arkansas City Public Library Board of Trustees Duane Oestmann / January 13, 2020 City Commission

representative (ex officio) Convention and Visitors Bureau Board of Directors Duane Oestmann / January 13, 2020 City Commission

representative (ex officio)

Applications Received / No Current Vacancies

Name Interest in serving on:

Tyler Anstine South Central Kansas Medical Center Board of Trustees

JoAnn Bierle Convention and Visitors Bureau Board of Directors

Jerry Campbell Convention and Visitors Bureau Board of Directors

Lloyd Colston City Commission (if a vacancy occurs by resignation) Planning Commission / Board of Zoning Appeals

Mike Dobson Recreation Commission

Jonathan Hansen South Central Kansas Medical Center Board of Trustees

Nancy Holman Historic Preservation Board

Vicki Jackson South Central Kansas Medical Center Board of Trustees

Ted Kadau Building Trades Advisory Board Planning Commission / Board of Zoning Appeals

Sue Lancaster Planning Commission / Board of Zoning Appeals

Kayleigh Lawson Planning Commission / Board of Zoning Appeals

Bob Mathews South Central Kansas Medical Center Board of Trustees

Dr. John Seitz South Central Kansas Medical Center Board of Trustees

Michael Taylor Building Trades Advisory Board South Central Kansas Medical Center Board of Trustees

Iris Turner Recreation Commission South Central Kansas Medical Center Board of Trustees

Charles Tweedy City Commission (if a vacancy occurs by resignation) Convention and Visitors Bureau Board of Directors

Jill Wineinger Historic Preservation Board

Item for City Commission Action Section VI Item 1


Department/Division City Manager / Neighborhood Services

Staff Contact Mike Bellis

Title: Second reading of an Ordinance modifying Municipal Code Part II, Chapter 14, concerning contractor licensure, contractor examination and the Building Trades Board, and modifying Municipal Code to so reflect. (Roll Call Vote) Description: The proposed ordinance will encourage additional qualified contractors to work within the City by eliminating an additional formalized testing requirement for contractors that can demonstrate to the building official that they (1) are qualified, (2) are licensed by other states or municipalities, or (3) have an accredited degree in the licensed field. Other minor changes include clarifying the name of the Building Trades Board and stating continuing education requirements in Municipal Code that already are enforced as a matter of City staff practice. Commission Actions: 1. Approve the Ordinance. 2. Table the Ordinance for a third reading. 3. Disapprove the Ordinance. 4. Send the Ordinance to the Building Trades Board for further consideration. Fiscal Impact: Amount: Cost of publication

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

City Manager

ORDINANCE NO. 2019-03-____ AN ORDINANCE MODIFYING MUNICIPAL CODE PART II, CHAPTER 14, CONCERNING CONTRACTOR LICENSURE, CONTRACTOR EXAMINATION AND THE BUILDING TRADES BOARD, AND MODIFYING MUNICIPAL CODE TO SO REFLECT. WHEREAS, City staff proposes to provide alternate processes for contractor licensure that would waive testing requirements for contractors who can produce an equivalent out-of-state license or provide sufficient documentation and references so as to satisfy the building official of their qualifications; and WHEREAS, this proposal is intended to promote commercial development by removing potentially unnecessary testing requirements that could delay or otherwise undermine such development; and WHEREAS, City staff seek to clarify the official name of the Building Trades Board, also known as the Board of Building Appeals, and thus propose to further amend Municipal Code to achieve this end; 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, AS FOLLOWS: SECTION ONE: AMENDMENT TO MUNICIPAL CODE SECTION 14-195. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-195 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics):

Sec. 14-195. - Licensing.

(a) Generally. All contractors described in Sections 14-196 and 14-197 shall obtain a license and

may require certification or examination prior to working in the city.

(1) An application shall be made in writing to the code enforcement officer, on the form on file with that office, with the required fee as set by the board of city commissioners.

(2) A separate contractor’s license is required for contractors engaged in more than one

building trade. However, the bonding and insurance requirements are met for all building trades under one contractor’s license.

(3) All licenses shall be issued for a period of two years and shall expire on December 31 of

even-numbered years. (4) Renewal. Renewal fees are due and payable by the date of expiration of the license.

Failure to renew the license by the date of expiration shall require the applicant to apply for a new license. Persons not renewing by January 31 of each odd-numbered year shall have their certificate canceled and shall be regarded as new applicants for certification and/or examination.

(b) Bond requirements. Every electrical, plumbing, mechanical, private sewage disposal, general,

building, residential, and limited contractor shall furnish to the city a good and sufficient surety bond in the sum of $4,000.00, conditioned that the principal and his or her employees, agents, and servants will comply with all of the ordinances of the city, and will hold the city harmless

and free from all loss or damage to persons or property resulting out of negligence or failure of such persons to use due care in performing any work for which such license is required. Such bond shall be kept in full force and effect at all times the contractor performs work in the city.

(c) Insurance requirements. Contractors must purchase and maintain such insurance as will protect

them from claims under workers compensation laws, disability benefit laws or other similar employee benefit laws; from claims for damages because of bodily injury, occupational sickness or disease, or death of employees, and claims insured by usual personal injury liability coverage; from claims for damages because of bodily injury, sickness or death of any person other than employees, including claims insured by usual personal injury liability coverage; and from claims for injury to or destruction of property, including loss of use resulting therefrom, any or all of which may arise out of or result from contractor's operations, whether such operations be by the contractor or by any subcontractor, or anyone directly or indirectly employed by any of them, or for whose acts any of them be legally liable. The insurance shall be written for not less than:

(1) All electrical, plumbing, mechanical and private sewage disposal contractors shall be

required to carry insurance policies with minimum limitations of coverage as follow:

a. $300,000.00 — Personal injury* b. $600,000.00 — Aggregate coverage*

(2) All general and building contractors shall be required to carry insurance policies with minimum limitations of coverage as follow:

a. $1,000,000.00 — Personal injury* b. $2,000,000.00 — Aggregate coverage*

(3) All residential contractors shall be required to carry insurance policies with minimum limitations of coverage as follow:

a. $500,000.00 — Personal injury* b. $1,000,000.00 — Aggregate coverage*

(4) All limited contractors shall be required to carry insurance policies with minimum limitations of coverage as follow:

a. $300,000.00 — Personal injury* b. $600,000.00 — Aggregate coverage*

*or any equivalent thereto.

(5) All contractors must provide workers compensation (as required by law) and shall include contractual liability insurance. The contractor will file with the city certificates of such insurance, on a form acceptable to the city. These certificates shall contain a provision that the coverage afforded under the policies shall not be canceled or materially changed until at least 15 days’ prior written notice has been provided to the city.

(d) Continuing education. All mechanical, electrical and plumbing contractors must obtain not less

than 12 hours biennially or six hours annually of continuing education, as required by Kansas law, in order to maintain a city-issued license. Proof of obtaining such education must be timely provided to the city.

(3) Revocation. The building trades board, upon information received or upon request of the code

enforcement officer, shall have the power and is directed to suspend for a definite time or to revoke at its discretion any certificate granted pursuant to this article, if after notice and opportunity to be heard, the person holding such certificate is found guilty by the board of violating the terms and conditions of this article or this code, provided such aggrieved person may have ten days before having such certificate revoked to appeal to the board of city commissioners for a review of the facts, conditions and circumstances prompting the building trades board to revoke such license.

SECTION TWO: AMENDMENT TO MUNICIPAL CODE SECTION 14-196. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-196 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 14-196. - Contractors subject to licensure. (a) Prior to performing any work within this city, any contractor described below shall be licensed by

the city after: (1) establishing the contractor is qualified through one of the following means:

a. providing proof of passing by at least 75 percent the test designated by K.S.A. 12-1501 et seq., or the applicable examination issued by the International Code Council;

b. providing an equivalent license issued by another state or municipality;

c. providing proof of obtaining a bachelor’s degree in engineering, architecture,

construction management or construction science from an accredited university that would qualify the contractor to perform the work as specified below; or

d. demonstrating to the building official’s satisfaction that said contractor is

qualified to perform the work as specified below, by providing such documentation and references as the building official deems necessary (which will qualify the contractor to obtain only one permit per license);

(2) providing the bond required by this article;

(3) providing public liability and property damage insurance certificates required by this article; and

(4) paying the applicable fee set by the board of city commissioners.

(b) The following contractors shall be licensed under this section prior to performing any of the work

described below:

(1) Electrical contractor means any person, firm, or corporation that employs or oversees others who install, repair, construct, alter, add to, remove, restore, replace, remodel and/or maintain (hereafter collectively “alter(s)”) electrical wiring; and/or advertises or represents to others as having the capacity and/or ability to undertake or submit a bid or offer to alter electrical wiring. An electrical contractor must either be a master electrician or employ a master electrician.

a. Master electrician means any person who lays out, plans, and/or alters electrical

wiring, appliances, fixtures, motors or other apparatus requiring electrical current; or who supervises a journeyman electrician.

b. Journeyman electrician means any person who alters electrical wiring, or in any

way works as an electrician, under the direction of a city-licensed master electrician.

(2) Plumbing contractor means any person, firm, or corporation that (a) employs or

oversees others who (i) alter plumbing pipes, fixtures and appurtenances thereof (collectively “plumbing”), (ii) make any connection with the mains or laterals of the city plumbing, sewer and/or water systems, (iii) have a state certification for backflow prevention, and/or (iv) perform any plumbing repairs or maintenance; and/or (b) advertises or represents to the public as having the capacity and/or ability to undertake or submit a bid or offer to alter plumbing. A plumbing contractor must either be a master plumber or employ a master plumber.

a. Master plumber means any person who lays out, plans, and/or alters any

plumbing; makes any connection with the mains or laterals of the city plumbing, sewer and/or water systems; connects a lawn sprinkler system to the service line on commercial property; performs backflow prevention services if certified by the state; and/or supervises a journeyman plumber.

b. Journeyman plumber means any person who alters plumbing, makes any

connection with the mains or laterals of the city plumbing, sewer and/or water systems; performs backflow prevention services, if certified by the state; and/or connects a lawn sprinkler system to the service line on commercial property, under the direction of a city-licensed master plumber.

(3) Mechanical contractor means any person, firm, or corporation that employs or oversees

others who alter mechanical systems or have a state certification for backflow prevention; and/or advertises or represents to others as having the capacity and/or ability to undertake or submit a bid or offer to alter mechanical systems. A mechanical contractor must either be a master mechanical specialist or employ a master mechanical specialist.

a. Master mechanical specialist means any person who lays out, plans, and/or

alters any mechanical system; performs backflow prevention services, if certified by the state; and/or supervises a journeyman mechanical specialist.

b. Journeyman mechanical specialist means any person who alters mechanical

systems and/or performs backflow prevention services, if certified by the state, under the direction of a city-licensed master mechanical specialist.

(4) Private sewage disposal contractor means any person, firm, or corporation that lays out, plans and/or alters private sewage disposal systems.

(5) General contractor means any person, firm, or corporation that alters any building or

structure, or a portion thereof, for which a permit is required. A general contractor also may perform all work described in Sections 14-196(f-h), and Sections 14-197(b-d) and (f-g).

(6) Building contractor means any person, firm, or corporation that alters the following

buildings or structures, for which a permit is required: commercial buildings, industrial buildings, and single- and multiple-family dwellings not to exceed three stories in height. A building contractor may repair or remodel an existing structure in excess of three stories in height. A building contractor also may perform all work described in Sections 14-196(g-h), and Sections 14-197(b-d) and (f-g), on structures described in this subsection.

(7) Residential contractor means any person, firm, or corporation that, in exchange for any

compensation, alters the following buildings or structures, for which a permit is required: one-, two- or three-family residential dwellings not exceeding three stories in height, including all structural alterations, and the construction of carports. A residential contractor also may perform all work described in Sections 14-196(h)(1)(2) and (4), and Sections 14-197(b-d) and (g), on structures described in this subsection.

(8) Limited contractor means any person, firm or corporation that performs the following

specific tasks:

a. Concrete contractor means any person, firm, or corporation that, in exchange for any compensation, constructs, pours, places, and/or finishes driveways, sidewalks and other similar flatwork using concrete or asphaltic materials; or constructs forms and/or framework for the casting and shaping of concrete and/or placing of reinforcing steel.

b. Drywall and plastering contractor means any person, firm, or corporation that,

in exchange for any compensation, coats surfaces with a mixture of sand or other aggregate, gypsum, plaster or Portland cement, quick lime and water, or other combinations of materials to create a permanent surface coating; installs wire mesh or necessary elements to hold the coating; and/or installs gypsum drywall products or finishes preparation of drywall systems.

c. Masonry contractor means any person, firm, or corporation that constructs or

repairs walls, footings, or other structures by the laying of bricks, blocks, or stone.

d. Roofing contractor means any person, firm, or corporation that, in exchange for

any compensation, installs, repairs or replaces roof-covering systems, including roof decking insulation, roof coating, the use of sheet metal and/or metal products incidental to roofing work, nonstructural decking, asphalt and fiberglass shingles, tile roofing systems, slate and wood shingles, or any other roofing product. If required to be registered under state law, a roofing contractor shall provide to the city their state roofing registration number before receiving a roofing contractor's license.

SECTION THREE: AMENDMENT TO MUNICIPAL CODE SECTION 14-200. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-200 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through):

Sec. 14-200. - Building trades advisory board.

(a) Authority. The board of building appeals, also referred to as the building trades advisory board,

shall hear and decide appeals of orders, decisions or determinations made by the code enforcement officer relative to the application and interpretation of the city-adopted building codes and regulations, and the city’s contractor license laws.

(b) Membership. The board shall consist of nine voting members:

(1) Two electricians (either two master electricians or one master electrician and one journeyman electrician);

(2) Two plumbers (either two master plumbers or one master plumber and one

journeyman plumber); (3) Two mechanical specialists (either two master mechanical specialists or one master

mechanical specialist and one journeyman mechanical specialist); and (4) Three at-large members, consisting of general, building, residential or limited

contractors and/or citizens or laymen familiar with the requirements of this code. (c) Conflict of interest. No two electricians, plumbers, mechanical specialists, or at-large members

of the board may be employed by the same person, firm or corporation, or otherwise have any kind of professional partnership or financial interest with each other.

(d) Ex officio membership. The building official and the fire chief or fire marshal of the city, or their

designees, shall serve as ex officio members of the board without voting privileges. The code enforcement officer, or his or her designee, shall serve as secretary to the board.

(e) Appointment and terms. Appointments of electricians, plumbers and mechanical specialists shall

be for a period of two years. Appointments of at-large members shall be for a period of three years. Terms shall be staggered in such a way that the term of no more than one electrician, plumber, mechanical specialist or at-large member shall expire in any given year.

(f) Rules of procedure. The board shall adopt rules of procedure for conducting its business, and

shall render all decisions and findings in writing to the appellant, with duplicate copies provided to the code enforcement officer and city manager.

(g) Meetings. The board shall hold meetings at regularly scheduled intervals, but shall meet a

minimum of four times a year. (h) Limitations of authority. The board shall have no authority relative to interpretation of the

administrative provisions of the code adopted by the city, nor shall the board be empowered to waive requirements of this code.

SECTION FOUR: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION FIVE: 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 5th day of March, 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. 2019-03-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on March 5, 2019, as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

Item for City Commission Action Section VII Item 1


Department/Division City Attorney

Staff Contact Tamara Niles

Title: First reading of an Ordinance amending regulation of Cereal Malt Beverage/Alcoholic Liquor licensees within the City of Arkansas City, Kansas to reflect changes to Kansas law; and amending the City of Arkansas City Municipal Code to so reflect. (Roll Call Vote) Description: Starting April 1, 2019, Kansas law changes to allow cereal malt beverage licensed retailers to also sell beer containing not more than 6 percent alcohol. Prior law allowed CMB retailers to only sell beer containing not more than 3.2 percent alcohol. The City is not required to issue new licenses to its CMB retailers, as their current license will automatically allow them to sell 6 percent beer. The attached ordinance makes two changes to Municipal Code: (1) it clarifies that retailers of alcoholic liquor and/or beer containing more than 6 percent require a City occupancy license (because these retailers are otherwise licensed by the State, not the City); and (2) it defines cereal malt beverage to include beer containing not more than 6 percent alcohol. Commission Options: 1. Approve the Ordinance on first reading. 2. Table the Ordinance for further consideration. 3. Disapprove the Ordinance. Fiscal Impact: Amount: Fund: Department: Expense Code:


City Manager

(First Published in the Cowley CourierTraveler, _______________________2019)

ORDINANCE NO. 2019-03-______

AN ORDINANCE AMENDING REGULATION OF CEREAL MALT BEVERAGE/ALCOHOLIC LIQUOR LICENSEES WITHIN THE CITY OF ARKANSAS CITY, KANSAS TO REFLECT CHANGES TO KANSAS LAW; AND AMENDING THE CITY OF ARKANSAS CITY MUNICIPAL CODE TO SO REFLECT.

WHEREAS, Kansas law has been changed to allow sellers of Cereal Malt Beverage to also sell beer containing not more than 6 percent of alcohol; and

WHEREAS, this modification to Kansas law requires the City of Arkansas City to modify its Municipal Code to ensure compliance with Kansas law.

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS:

Section 1. AMENDMENTS TO MUNICIPAL CODE

(a) Section 6-138 of the Arkansas City Municipal Code is hereby amended to read as follows (new provisions in italics, deleted provisions struck through):

Sec. 6-138. - City occupancy license fee. (a) There is hereby levied a biennial occupancy license fee upon each retailer of alcoholic liquor

(including beer containing more than 6 3.2 percent of alcohol by weight), for consumptionboth on and off the premises.

(b) The amount of the license fee shall be set by resolution of the board of city commissioners. Nolicense fee shall be refunded for any reason.

(c) It is unlawful for any person to fail or refuse to pay the occupancy license fee levied hereby.(d) Nothing in this chapter shall be construed to prohibit the city from collecting the occupancy

license fee by any procedure authorized by law.

(b) Section 6-1 of the Arkansas City Municipal Code is hereby amended to read as follows (newprovisions in italics, deleted provisions struck through):

Sec. 6-1. - Definitions. Unless otherwise expressly stated or the context clearly indicates a different intention, all

terms used in this chapter shall have the meaning ascribed within K.S.A. Article 41, Intoxicating Liquors and Beverages, including but not necessarily limited to K.S.A. 41-102, 41-2601, 41-2701. In addition, the following terms shall be, for the purpose of this chapter, defined as follows:

Cereal Malt Beverage means cereal malt beverage as that term is defined in K.S.A. 41-2701, and amendments thereto, and such term shall include beer containing not more than 6% alcohol by volume when such beer is sold by a retailer licensed under the Kansas cereal malt beverage act.

Drink means one individual serving of any alcoholic liquor or cereal malt beverage.

Drinking establishment means a location which is open to the public and where alcoholic liquor by the individual drink is sold.

Employee means any person employed in the business of selling cereal malt beverages or alcoholic liquor by or for a licensee.

Gross revenues means only that income derived from cereal malt beverages, alcoholic liquor,

and other food consumables. Keg means a reusable container of beer or cereal malt beverage having a liquid capacity of

four or more gallons.

Licensee means any person to whom a current cereal malt beverage license has been issued by

the board of city commissioners, authorizing sale of cereal malt beverages and/or any person to whom a current occupancy license or temporary license has been issued pursuant to this chapter and/or any person to whom a current club, drinking establishment, caterer's license, or temporary license has been issued by the director of alcoholic beverage control pursuant to the Kansas Liquor Control Act, K.S.A. 41-101 et seq.

Premises means the specific area described in the license application and approved as the

location upon which the cereal malt beverages and/or alcoholic liquor may be sold and/or consumed under the license.

Proper proof of identification means a photographic motor vehicle operator's license, a valid

passport, a United States military identification card, a state photographic nondriver's identification card or other official or apparently official document, containing a photograph, signature and birth date of the person.

Sell or sell at retail includes sales of beer or cereal malt beverage in a keg returnable to the

seller. Such terms shall not refer to or mean sales by a distributor or sales by one retailer to another.

Tavern means any business establishment licensed to sell cereal malt beverages for

consumption on the premises that derives in any one month of the calendar year less than 30 percent of its gross revenues from the sale of food for consumption on the premises.

To sell includes to solicit or receive an order for, to keep or expose for sale and/or keep with

intent to sell.

Section 2: REPEAL To the extent any provisions of prior ordinances conflict with this Ordinance, the conflicting provisions of prior ordinances are hereby repealed. Section 3: EFFECTIVE DATE The City Clerk shall make proper publication of this Ordinance, or a summary thereof, in the official City newspaper, and this Ordinance shall take effect and be in force on April 1, 2019. That the Mayor, City Clerk, and/or City Administration of the City of Arkansas City, Cowley County, Kansas, are authorized and directed to execute any and all documents necessary to consummate the Legislative purposes and

intents as expressed herein and if executed by the Mayor (or other person authorized by law to act in the event of the absence or inability of the Mayor to act), the City Clerk is directed to attest to and affix the Official Seal of the City thereon.

PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas, on March 5, 2019.

(Seal) Jay Warren, Mayor

ATTEST:

Lesley Shook, City Clerk

DRAFTED AND 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. 2019-03-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on March 5, 2019, as the same appears of record in my office.

DATED: _____________________. Lesley Shook, City Clerk



Department/Division Police

Staff Contact Chief Dan Ward

Title:

Consider a Resolution authorizing the City of Arkansas City to purchase one (1) in-car recording system and twenty-six (26) body-worn cameras from WatchGuard, of Allen, Texas, for an amount not to exceed $33,100.00. (Voice Vote)

Description:

The purchase of these recording systems was included in the 2019 budget as part of the Arkansas City Police Department's regular maintenance program. All body-worn cameras and in-car cameras will sync on scene and provide for simultaneous review.

This is a sole-source purchase as ACPD currently is using WatchGuard recording systems in its vehicles and currently has the back office server system needed for these recorders.

Commission Options:

1. Approve the Resolution2. Disapprove the Resolution3. Table the Resolution for further consideration

Fiscal Impact:

Amount: $33,100 Fund: 01 (General) Department: 421 Expense Code: 7503 (Police/Audio/Visual Equipment)

Included in budget Grant Bonds Other (explain)

Approved for Agenda by:

City Manager

RESOLUTION NO. 2019-03-____

A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO PURCHASE ONE (1) IN-CAR RECORDING SYSTEM AND TWENTY-SIX (26) BODY-WORN CAMERAS FROM WATCHGUARD, OF ALLEN, TEXAS, FOR AN AMOUNT NOT TO EXCEED $33,100.00.

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS:

SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the City of Arkansas City, Kansas, to purchase one (1) in-car recording system and twenty-six (26) body-worn cameras from WatchGuard, of Allen, Texas, for an amount not to exceed $33,100.00.

SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor and/or City staff of the City of Arkansas City, Kansas, to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment.

SECTION THREE: This Resolution shall be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas.

PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 5th day of March, 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. 2019-03-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on March 5, 2019, as the same appears of record in my office.

DATED: _____________________. Lesley Shook, City Clerk

4RE/VISTA Price Quote

415 E. Exchange Parkway • Allen, TX • 75002Toll Free (800) 605-6734 • Main (972) 423-9777 • Fax (972) 423-9778

www.WatchGuardVideo.com

Page 1 of 2

CUSTOMER: Arkansas City Police Department ISSUED: 2/21/2019 2:15 PM

EXPIRATION: 3/31/2019 12:00 AM

,,,,,,

TOTAL PROJECT ESTIMATED AT:$33,100.00

ATTENTION: Travis Stroud SALES CONTACT: Davin Perkins

PHONE: 620-441-6601 DIRECT: (469) 342-8948

E-MAIL: E-MAIL: [email protected]

4RE and VISTA Proposal VISTA HD Cameras and Options

Part Number Detail Qty Direct Discount Total Price

VIS-EXT-WIF-001

VISTA HD Wi-Fi Extended Capacity Wearable Camera with 9 hours continuous HD recording. Includes one camera mount, 32 GB of storage, Wi-Fi docking base, Smart PoE Switch,cables and 1 year warranty.

7.00 $1,445.00 $0.00 $10,115.00

VIS-EXT-WIF-001 VISTA HD WiFi Additional Camera Only 19.00 $995.00 $0.00 $18,905.00

VISTA HD WarrantiesPart Number Detail Qty Direct Discount Total Price

WAR-VIS-CAM-1ST Warranty, VISTA 1st Year (Months 1-12) Included 26.00 $0.00 $0.00 $0.00

4RE In-Car System and OptionsPart Number Detail Qty Direct Discount Total Price

4RE-STD-GPS-RV2

4RE Standard DVR Camera System with integrated 200GB automotive grade hard drive, 16GB USB removable thumb drive, rear facing cabin camera, GPS, hardware, cabling and your choice of mounting bracket.

1.00 $4,795.00 $0.00 $4,795.00

CAM-4RE-PAN-NHD Additional Front Camera, 4RE, HD Panoramic 1.00 $200.00 $0.00 $200.00

Wireless Video Transfer and Networking Options


4RE-WRL-KIT-101 4RE In-Car 802.11n Wireless Kit, 5GHz (2.4 GHz is available by request) 1.00 $200.00 $0.00 $200.00

4RE Hardware WarrantiesPart Number Detail Qty Direct Discount Total Price

WAR-4RE-CAR-1ST Warranty, 4RE, In-Car, 1st Year (Months 1-12) 1.00 $0.00 $0.00 $0.00

WatchGuard Video Technical Services

4RE/VISTA Price Quote

415 E. Exchange Parkway • Allen, TX • 75002Toll Free (800) 605-6734 • Main (972) 423-9777 • Fax (972) 423-9778

www.WatchGuardVideo.com

Page 2 of 2


BRK-DV1-MIC-100 Vista April 2018 Trade In 3.00 $-510.00 $0.00 $-1,530.00

Shipping and HandlingPart Number Detail Qty Direct Discount Total Price

Freight Shipping/Handling and Processing Charges 1.00 $415.00 $0.00 $415.00

$33,100.00

Total Estimated Tax, may vary from State to State $0.00

Configuration Discounts $0.00

Additional Quote Discount $0.00

Total Amount $33,100.00

NOTE: This is only an estimate for 4RE & VISTA related hardware, software and WG Technical Services. Actual costs related to a turn-key operation requires more detailed discussion and analysis, which will define actual back-office costs and any costs associated with configuration, support and installation. Please contact your sales representative for more details.

To accept this quotation, sign, date and return with Purchase Order: _______________________________ DATE: _______________



Department/Division Public Works / Street and Stormwater

Staff Contacts Mike Crandall / Brian Edwards

Title: A Resolution authorizing the City of Arkansas City to purchase two 2019 Ford F-350 1-ton pickup trucks with flatbed dump and hoist packages from Reedy Ford, of Arkansas City, for an amount not to exceed $61,814.00. (Voice Vote) Description: Staff sought bids from various vendors (please see attached bid packages) for two new 1-ton pickup trucks with flatbed dump and hoist packages for the Public Works Department — one for Streets and one for Stormwater. Four bidders were non-responsive, but Reedy Ford and Rusty Eck Ford responded. Staff recommends the lowest bidder, Reedy Ford, which can provide both trucks for $61,814.00. After trade-in values for two current trucks, the total final price could be reduced to $58,514.00. However, staff first will try to list the trucks on Purple Wave in order to hopefully obtain a higher price for them. The trucks, which are included in the 2019 budget, will replace Unit 6021, a 17-year-old 2002 Dodge Ram 4x4 crew cab with 129,883 miles on it, and Unit 6023, a 16-year-old 2003 Ford F-150 extended cab with 99,248 miles on it. Both trucks are beyond economic repair. The new trucks would come with 36-month or 36,000-mile bumper-to-bumper warranties and 5-year or 60,000-mile power train warranties. Commission Options: 1. Approve the Resolution. 2. Table the Resolution. 3. Disapprove the Resolution. Fiscal Impact:

Amount: $61,814.00 ($30,907.00 each from Street and Stormwater) Fund: 15 (Stormwater) Department: 544 (Stormwater) Expense Code: 7403 (Motor Vehicles) Fund: 21 (Special Streets) Department: 542 (Streets) Expense Code: 7403 (Motor Vehicles)


City Manager

RESOLUTION NO. 2019-03-____ A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO PURCHASE TWO 2019 FORD F-350 1-TON PICKUP TRUCKS WITH FLATBED DUMP AND HOIST PACKAGES FROM REEDY FORD, OF ARKANSAS CITY, FOR AN AMOUNT NOT TO EXCEED $61,814.00. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the City of Arkansas City, Kansas, to purchase two 2019 Ford F-350 1-ton pickup trucks with flatbed dump and hoist packages from Reedy Ford, of Arkansas City, for an amount not to exceed $61,814.00. SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor and/or City staff of the City of Arkansas City, Kansas, to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution shall be in full force and effect from its date of passage by the Governing Body of the City of Arkansas City, Kansas. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 5th day of March, 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. 2019-03-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on March 5, 2019, as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

Item for City Commission Action Section VIII Items 1-3



Staff Contact Nick Hernandez

Title: City Manager Updates Description:

1. The City of Arkansas City will be host to the next Arkansas City Chamber of Coffee at 10 a.m. Thursday, March 7, at the Agri-Business Building, located at 712 W. Washington Ave. This event will be followed by a special rededication ceremony and ribbon-cutting at 11 a.m., followed by a public come-and-go open house for the newly renovated and remodeled facility. Please join us!

2. The next monthly Cowley County Legislative Committee meeting will be at noon Tuesday, March 12 at the Arkansas City Area Chamber of Commerce, located at 106 S. Summit St.

3. The next City Commission study session will be at noon Friday, March 15 in the city manager’s office at City Hall, located at 118 W. Central Ave. Staff’s intention is to revisit Chapters 4-5 of the Governing Body Handbook, including meeting procedure and updated board membership.

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

City Manager

Item for City Commission Action Section IX Item 1a




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

• January 10 — Visit Ark City Board of Directors • January 10 — Equal Opportunity and Accessibility Advisory Board • January 17 — Arkansas City Recreation Commission • January 21 — Northwest Community Center Advisory Board

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

City Manager

VISIT Ark City Board of Directors 1/10/19

The VISIT Ark City Board met in regular session on Thursday, January 10 at 12:00 p.m. in the Chamber Office. Those present were Shawn Silliman, Dena Ward, Arty Hicks, Duane Oestmann, Liz Shepard, Andrew Lawson and Pam Crain - VAC Director. Absent: Sara Williams and Carlla Pike. Arty Hicks called the meeting to order. Minutes of the December 13 Meeting Minutes of the previous meeting were reviewed. Duane Oestmann moved to accept the minutes as presented. It was seconded by Liz Shepard. A unanimous voice vote declared the minutes accepted. Treasurer’s Report Pam Crain reported normal expenses and income from the previous month. The Chamber Rent for 2019 has been paid. Promotional handouts (at a cost of $1,444) for 2019 have been purchased and paid for. Balance remaining for Fiscal Year ending 12/31/2019 was $370.00. Liz Shepard moved to accept the treasurer’s report as presented. Shawn Silliman seconded and a unanimous voice vote declared the motion approved. New Business Taco Festival Andrew Lawson reminded the VAC Board about the planning meeting on January 24th. As soon as some cost associations for the event have been determined, the VAC will be requested to help with funding. 2019 Budget Pam Crain presented an updated line-item budget for 2019. The biggest change was an increase in advertising from $1,200 to $2,100. A variety of other line items were reduced to keep the budget balanced. 2019 Goals and Visions Pam Crain reviewed the Goals and Visions discussed last month. Pam encouraged Board Members to attend the Vision Board Event on January 19th. Meeting Schedule Pam Crain distributed the VAC Board meeting schedule for 2019. Pam will be attending the Kansas Sampler Foundation Retreat, January 15-17; TIAK – Day on the Hill in Topeka, February 5-7; take vacation days on May 21-23; and attend the State Fair, September 12-14. Visitors Guide Pam Crain reported the guide should be available sometime in the spring of this year.

Next Meeting’s Agenda As part of the next meeting’s agenda, Pam Crain will try to arrange an Etzanoa Tour. Liz Shepard will try to bring a CCCC bus for transportation. Executive Session Arty Hicks moved that the VAC Board go into executive session, with no business to follow. Dena Ward seconded and a unanimous voice vote declared the motion approved. The next regular meeting is scheduled for 12:00 noon on February 14 in the Chamber Building.

Arkansas City Equal Opportunity and Accessibility Advisory Board 1/10/2019 Minutes

A regular meeting was held Thursday, Jan. 10, 2019, at the Northwest Community Center. Meeting was called to order at 4:03 p.m. Roll Call: Board Members Staff Liaisons Bob Baker Mike Bellis Ethan Bartlett Cindy Bennett JoAnn Bierle Nick Hernandez James Fry Andrew Lawson Tammy Lanman-Henderson Marla McFarland 1. Approve November Regular Meeting Minutes:

Bob moved to approve the minutes of the Nov. 8, 2018, meeting. James seconded the motion. The motion was approved 3-0.

2. 2019 Cinco de Mayo Taco Fest Planning:

Andrew said there will be a special joint planning meeting with the Beautification and Tree Advisory Board (as well as the

Visit Ark City Board of Directors) at 4 p.m. Jan. 24 in the commission room at City Hall and requested all members attend.

Andrew introduced Rags Smith, who has applied to join the Board. JoAnn joined the meeting in progress at 4:10 p.m.

Andrew gave an update on Ethan’s health and recovery. He was unable to attend due to a medical consultation appointment.

3. 2019 Regular Board Meeting Schedule:

No one stated any conflicts with any of the meetings on the final schedule Andrew presented. Tammy made a motion to

approve the schedule as presented. James seconded the motion. The motion was approved 4-0 on a voice vote.

Meetings will be Feb. 14, March 14, April 11, May 9, June 13, July 11, Aug. 8, Sept. 12, Oct. 10, Nov. 14 and Dec. 12.

4. 2nd Letter to Windsor Court Apartments:

Andrew said he talked to Mike, who was unable to attend, and learned that Windsor Court has a standby generator on order

now, so he does not think there is a need to send a second letter at this time. Mike will follow up and report back in February.

5. Duty: Serve as Resource on Policy/Procedure for Commission

There were no changes suggested for this item and no further discussion occurred.

6. Duty: Review Federal/State Regulations / Report Findings

There were no changes suggested for this item and no further discussion occurred.

7. Duty: Review/Revise ADA Transition Plan / Implementation

There were no changes suggested for this item and no further discussion occurred. Tammy made a motion to approve all

changes to these three duties and goals as presented. Bob seconded the motion. The motion was approved 4-0 on voice vote.

8. Review ADA Transition Plan and Make Recommendations: City Hall and Northwest Community Center

Andrew recommended delaying a review of the City Hall recommendations until February and suggested the Board still

should tour the building. Also, as he was typing up the recommendations, he realized he did not remember some of the items

Mike and he had discussed on their “pre-tour,” so he thinks it would be best if Mike can accompany the February tour.

The Board then discussed the Northwest Community Center and looked at all of the deficiencies documented in the ADA

Transition Plan. (See following table of recommendations.) Members toured the building for the remainder of the meeting.

NWCC Director Cindy Bennett was present for part of the meeting, as were the following members of the NWCC Advisory

Board — Jackie Barnett, Felipe Escalante and Gary Hale. Andrew will present a written report to that board at a later date.

Location: Deficiency ADA Requirements Priority (in 2006 Plan) 2006 Recommendation 2019 Recommendation Parking: Two designated accessible spaces exist. However, there is no “van accessible” signage and the existing signage is mounted too low.

Minimum of 1 space designated as being “van accessible.” Signs shall be located so they cannot be obscured by a vehicle parked in the space.

Restripe spaces and aisle during next resurfacing to comply with current ADA guidelines. Consider changing to north-south orientation.

Parking: Existing access aisle is 60” wide and the south parking space is approximately 80” wide.

Access aisles serving “van accessible” parking spaces shall be at least 96” wide. Accessible parking spaces shall be at least 96” wide. Two spaces may share a common access aisle.

Restripe spaces and aisle during next resurfacing to comply with current ADA guidelines. Consider changing to north-south orientation.

Exterior Features: North entrance door has an existing threshold of ¾”.

Thresholds at doors shall not exceed ½”, beveled.

Implement the current ADA recommendations, if financially feasible.

South Entrance (Gym): Entrance door has a running slope up to 9% in the maneuvering clearance.

The floor or ground area within the required maneuvering clearances shall be level and clear.

This is not intended or signed as an ADA-accessible entrance. Disregard 2006 recommendation and focus resources on primary entrances.

South Entrance (Gym): A 1 ½” threshold exists at the door.


This is not intended or signed as an ADA-accessible entrance. Disregard 2006 recommendation and focus resources on primary entrances.

Interior Features: North inner entrance door has an existing threshold of 1”.



Interior Features: Drinking fountain (1) allows knee clearance for wheelchair users, but is too low for individuals who cannot bend or stoop.

Where only one drinking fountain is provided on a floor, there shall be a drinking fountain which is accessible to individuals who use wheelchairs in accordance with 4.15 and one accessible to those who have difficulty bending or stooping. This can be accommodated by using a “hi-lo” fountain; by providing one fountain accessible to those who use wheelchairs and one fountain as a standard height convenient for those who have difficulty bending.


Location: Deficiency ADA Requirements Priority (in 2006 Plan) 2006 Recommendation 2019 Recommendation Interior Features: Existing restrooms are not accessible due to numerous barriers, including: • Inadequate

maneuvering clearances at doors.

• Lavatories with round faucet controls and inadequate knee clearances.

• Narrow toilet stalls with improper grab bar placement.

See recommendations.

Structurally speaking, these restrooms have limitations due to a lack of clear floor space. If they are deemed technically infeasible to modify for compliance, we recommend using another space in the facility to install an accessible “unisex” restroom. At that point, signage would need to be installed, giving the location of the accessible restroom.

Consider using part of the space in the Diane Carter Learning Center to create a new, single ADA-accessible unisex restroom in the facility.

Andrew also pointed out some concerns Mike had expressed relating to building code and fire code compliance at NWCC.

After discussion, the members of the two boards decided to recommend three phases of ADA improvements at NWCC:

1. Phase 1 (High Priority) — ADA parking and signage improvements, as well as accessibility at northwest door;

2. Phase 2 (High Priority) — Entrance threshold improvements and new ADA main entrance service ramps;

3. Phase 3 (Medium Priority) — Converting part of learning center into new, fully ADA-accessible unisex restroom.

Andrew said he will type up these recommendations for formal approval at the February meeting. He also plans to submit

these recommendations, plus those for the Agri-Business Building and Fire-EMS Department, to the 2019 CIP Committee.

Felipe and Gary raised concerns about traffic safety and the possible need for a crosswalk between NWCC and Lovie Watson

Park. Andrew said a ramp needs to be added on the NWCC side like exists on the park side. He and Felipe talked about an

upcoming RISE Cowley project called “tactical urbanism” that would empower the NWCC Board to investigate this issue.

8. Other Miscellaneous Items:

Andrew asked if Tammy and James wanted to remain as chair and vice chair, respectively. Both consented to continue.

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

adjourned at 5:02 p.m. The next meeting of the Equal Opportunity and Accessibility Advisory Board will be at 4 p.m. Feb. 14, 2019.

Arkansas City Recreation Commission MINUTES OF REGULAR MEETING

January 17, 2019 @ 7:00 a.m. Arkansas City Recreation Center, 225 E. 5th Ave. – Arkansas City, Kansas 67005

Board Members Present: Mr. Ron Smith

Mr. Jason O’Toole Mrs. Debbie Nittler Mr. Tad Stover Mrs. Kim Hocker

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: Kim Hocker 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 Deb Nittler to approve the minutes of the December meeting as submitted; seconded by Tad Stover; motion passed.

3) Review YTD Budget Expenditures and Consider Approval of Purchase Order from December 19th-January 15th: Motion was made by Ron Smith and seconded by Deb Nittler to approve the purchase orders from December 19th- January 15th.

4) Hear 2017-2018 Audit Report from Kent Bassford and Consider Audit Approval: The Board reviewed the audit as received from Kent Bassford CPA. Audit reflects total expenditures of $1,009,644, compared to the total income of $1,178,160, for a net operating profit of $168,516. The profit can be attributed to lower full-time wages, lower employee benefit costs, payoff of $5,000 monthly city payment increase, in mill levy, and grants. Deb Nittler made a motion to accept the audit; seconded by Ron Smith; motion passed.

5) Consider and Approve Health Insurance Renewal with Blue Cross Blue Shield of KS: Our health insurance coverage renewal is due March 1st. Our rates have increased by 3%. We are rated as a small group and everyone is rated by age. This also means everyone’s premiums are slightly different. Employees are given three different plans to choose from, with varying deductibles. The structured cap is set at $700. Three employees are under the cap, one at the cap and three of the older employees were over. Deb Nittler made a motion to approve the insurance choices; seconded by Tad Stover; motion passed.

6) Review Superintendent’s Report: • We have a lot going on at the Rec Center for the next few months. It’s hard to find parking spots on

Tuesdays and Thursday. Programs are operating smoothly, thanks to our quality staff and volunteers. Current and upcoming programs include: Soccer registrations, Boys Basketball, Wrestling (HS), Gymnastics, Jr. Bulldog Basketball, Youth Volleyball Clinic, Tae Kwon Do, Daddy-Daughter Dance, Fitness Center, Kids Café, Zumba Fitness, Adult Volleyball, Adult Basketball, Silver Sneakers and Fit for Life Class.

• The indoor pool continues to be busy with a variety of aquatic programs on the schedule, including: birthday parties, aqua fun, rec and lap swimming, water aerobics, Cowley College team workouts, private swim lessons, and homeschool swim.

• The fitness center is busy with New Year’s Resolutions. There are roughly 220-230 members at this time. Always a little increase this time of year.

• Our annual Daddy-Daughter Dance is scheduled for Saturday, March 23rd. This year’s theme is “Journey to Oz.” This is the 80-year anniversary of the motion picture. We will be utilizing the Agri-Business Building. This is our 5th year there. We are anticipating 400-500 for the event.

• The public meal service that we offer for children 18 and younger continues to grow. We are averaging around 20-40 per evening, with an extra 40-50 at the Northwest Community Center on Thursday evenings. Great program, where we get reimbursed for our expenses.

• We are in the final stages of our NRPA grant and had money to spend. We had about $20,000 to spend on our feeding program by February. We purchased a commercial oven that will allow us to cook all the food at

once for IYQ Camp. We also purchased a refrigerator, tables and chairs, and stainless steel working stations and racks.

• At this time, the Legacy grant money has been spent. We bought signs for the City of Winfield and purchased four Fitbits for our drawings.

• We have had a problem with one of the furnaces at the Charlie Dow building. Waldorf-Riley will be looking at this soon.

Kim Hocker made the announcement that this would be her last board meeting. She said it was just time. Joe thanked her for her service to the Rec and community.

7) Adjournment: Tad Stover made a motion to adjourn at 7:35 a.m.; Ron Smith seconded; motion passed. Signed______________________________________________ Date_______________________ Signed______________________________________________ Date_______________________

NORTHWEST COMMUNITY CENTER ADVISORY BOARD MINUTES FOR January 21st, 2019

Board members present: Jackie Barnett, Felipe Escalante, Ruben Garcia, Gary Hale and Tyler Henderson. Andrew Lawson and Cindy Bennett also were in attendance.

After reading December 17th minutes, they were accepted as written by Gary Hale and seconded by Felipe Escalante.

Cindy reported:

1. The new push bar on the front west door is working out great. Also, the lock on the east front door is much easier to work since being replaced.

2. We are down to eight basketballs. The rest are in the ceiling, along with dodgeballs, soccer balls and volleyballs. Some of the balls had to be thrown away due to holes.

3. Cindy gave the floor to Gary Hale and Andrew Lawson to report on what the Equal Opportunity Board had to say about the condition the NWCC is in and the improvements they suggest for the building.

Reported to the board:

a. Recommend accessible lane for handicapped facing north and south. I feel this needs more discussion in that would limit the amount of room for cars to park.

b. Need ramp on front west meeting door to accommodate wheelchairs. I had been using a piece of wood that would fit into doorway, making it easy to operate a wheelchair.

c. Crosswalk in front of building was discussed further. This is something the board wants to accomplish as soon as weather and funding permit.

4. Gary brought up the Optimists hosting another spaghetti dinner for the Outreach program on Thursdays. The kids and families enjoyed it tremendously and are asking about it again.

5. Felipe brought up about other nonprofit organizations getting involved with NWCC and funding some sort of event.

Cindy will keep on top of above requests, and keep the NWCC running smoothly and efficiently.

The meeting was adjourned. The next meeting will be Monday, February 18th.

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