city of arkansas city board of city commissioners arkansas city board of city commissioners met in...

City of Arkansas City Board of City Commissioners

Agenda

Regular Meeting Tuesday, March 21, 2017 @ 5:30 PM

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

I. Routine Business

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

II. Awards and Proclamations 1. Proclaim April 2017 as Fair Housing Month in Arkansas City. 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)

1. Approve the March 7, 2017, regular meeting minutes as written. 2. A Resolution setting a public meeting of the Governing Body of the City of Arkansas City at 9:00 a.m.

April 29, 2017, at Commissioner Jay Warren’s cabin at 2776 272nd Road. 3. A Resolution approving the purchase of a 2017 Kubota Model F2690 mower from Price Bros. Equipment

Co., of Wichita, for an amount not to exceed $13,850.00. 4. A Resolution approving the purchase of a 2017 Dodge Ram 1500 4x4 crew cab pickup truck from Zeller

Motor Co. Inc., for an amount not to exceed $25,000.00.

VI. Old Business 1. Hold a public hearing and consider a Resolution determining the advisability of issuing taxable Industrial

Revenue Bonds for the purpose of financing the acquisition, construction and equipping of a commercial facility to be located within Goff Industrial Park, and authorizing the execution of related documents. (Voice Vote)

VII. New Business

1. Consider a Resolution authorizing the execution of a Federal-Aid Fund Exchange Master Agreement between the City of Arkansas City and the Kansas Department of Transportation (KDOT). (Voice Vote)

2. Consider a Resolution authorizing the execution of an Agreement for Voluntary Annexation between the City of Arkansas City and Arkansas City Industries, Inc. (Voice Vote)

3. Consider a Resolution amending the procedure for expiration of and appointment to City advisory board terms. (Voice Vote)

4. Consider ratifying Mayor Duane Oestmann’s appointment to the South Central Kansas Medical Center Board of Trustees. (Voice Vote)

VIII. City Manager Updates

1. Home and Outdoor Living Festival 2. Advisory Board Appreciation Banquet 3. Chamber Coffee at Wilson Park 4. Wilson Park Master Plan 5. Spring Cleanup Day

IX. Other Business

1. Jim Sybrant — Building Trades Advisory Board X. Adjournment

Office of the Mayor Arkansas City, Kansas

Proclamation

Celebrating 49 Years of Fair Housing

WHEREAS, the Congress of the United States passed the Civil Rights Act of 1968, of which

Title VIII declared that the law of the land would now guarantee the rights of equal housing opportunity; and

WHEREAS, the City of Arkansas City is committed to the mission and intent of Congress

to provide fair and equal housing opportunities for all, and today many realty companies and associations support fair housing laws; and

WHEREAS, the Fair Housing groups and the U.S. Department of Housing and Urban Development have, over the years, received thousands of complaints of alleged illegal housing

discrimination and found too many that have proved upon investigation to be violations of the fair housing laws; and

WHEREAS, equal housing opportunity is a condition of life in our City that can and should

be achieved.

NOW, THEREFORE, I Duane L. Oestmann, Mayor of the City of Arkansas City, Kansas do hereby designate the month of April 2017, as

FAIR HOUSING MONTH

In the City of Arkansas City and express the hope that this year’s observance will promote

fair housing practices throughout the City.

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

__________________________________ Name/Title: Duane L. Oestmann, Mayor

Date: March 21, 2017

Item for City Commission Action Section V Item 1

Meeting Date 3/21/2017

Department/Division City Manager

Staff Contacts Lesley Shook / Andrew Lawson

Title: Consent Agenda Item: Approve the March 7, 2017, regular meeting minutes as written. Description: Please see attached document. Commission Options: 1. Approve with the consent agenda. 2. Remove item from the consent agenda for further consideration. Fiscal Impact: Amount: N/A Fund: Department: Expense Code:

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

City Manager

City Commission of Arkansas City Meeting Minutes

March 7, 2017 Page 1

The Arkansas City Board of City Commissioners met in regular session at 5:30 p.m. March 7, 2017, in the Commission Room at City Hall, 118 W. Central Ave., in Arkansas City. Mayor Duane L. Oestmann called the meeting to order. Those also present at roll call were Commissioner Dan Jurkovich, Commissioner Charles Tweedy III, Commissioner Jay Warren and Commissioner Karen Welch. City employees present at the meeting were City Manager Nick Hernandez, City Attorney Tamara Niles, Public Information Officer Andrew Lawson, City Clerk Lesley Shook, Finance Director Kathy Cornwell, Public Works Director Eric Broce, Assistant Public Works Director Mike Crandall, Fire Chief Bobby Wolfe, Police Chief Dan Ward and Human Resources Manager Marla McFarland. South Central Kansas Medical Center was represented by chief executive officer Virgil Watson, chief financial officer Holly Harper and marketing director Clayton Pappan. Associated Purchasing Services officials in attendance were chief executive officer Dennis George and director of client services Bruce Frerking. Citizens in attendance included Connie Carder, Tammy Lanman-Henderson, Brett Martin, Gareth McGee, Holli Pool, John Pool, Lacey Pool, Jim Sybrant, Cowley CourierTraveler reporter Cody Griesel and Ark City Daily Bytes reporter Jeni McGee. Commissioner Warren offered the opening prayer. Mayor Oestmann led the pledge of allegiance. Agenda Approval Commissioner Tweedy made a motion to approve the agenda as presented. Commissioner Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the agenda approved. Awards and Proclamations Mayor Oestmann read proclamations of March 2017 as Developmental Disabilities Awareness Month, which he then presented to Equal Opportunity and Accessibility Advisory Board chair Tammy Lanman-Henderson, and of March 6-10 as Flood Safety Awareness Week in Arkansas City. No guest was present for the second proclamation. Recognition of Visitors SCKMC chief financial officer Holly Harper introduced Associated Purchasing Services officials Bruce Frerking and Dennis George, who explained that APS is the medical center’s new group purchasing organization. George said he had 20 years of experience in running a small Sole Community Hospital himself, so he is familiar with the challenges facing SCKMC. He spent about 20 minutes explaining various financial tools at APS’ disposal. APS is a cooperative that was founded in 1970 in Kansas City, Kan. In 1999, the Missouri Hospital Association signed on to the joint venture that now spans two states. This member-driven entity works to drive down prices. APS’ mission is to reduce the cost of care, increase quality of services and improve its members’ financial health.



Harper said there were 548 patient days in January and 544 patient days in February, while the new Geriatric Psych Unit had 237 in January and was up to 240 in February, or an average of nine patients a day since opening. SCKMC actually turned a small profit of $93,853 in January. Harper did not have final numbers for February yet. She said the 340B pharmacy program, which confers 100-percent reimbursement, will start April 1 at South Central Kansas Clinic and many other positive things finally are starting to come to fruition for SCKMC. Commissioner Warren asked about the clinical documentation improvement project. Harper said there already has been a return of $150,000 in extra revenue from that project in 2016, with $45,000 recovered so far in 2017. Commissioner Tweedy asked if there would be another Medicaid penalty this year, and if it that was permanent. Harper said she did not think there was any recent penalty and explained it resets each year with a clean slate. She said SCKMC currently is running with 44 full beds, but that is a good problem to have. Commissioner Tweedy praised the care he received during a recent procedure at the medical center. Comments from the Audience Jim Sybrant, 1816 E. Chestnut Ave., asked to be on a future agenda if he could not finish his comments within three minutes. His main issue concerned a City fire hydrant in front of his house at 1640 N. 13th St. Sybrant claimed that two years ago, a City high loader clearing out trees to the north backed over the fire hydrant and damaged it. He spoke to City Manager Hernandez about it, but nothing was done. Sybrant complained that he had been directed to three different departments, with no fix in the last two years. The only thing that was done was to throw a plastic bag over it, taking it out of service, he said. He requested a new or used fire hydrant be installed there instead. Mayor Oestmann said Sybrant’s three minutes were over. Commissioner Tweedy asked Hernandez to address why the hydrant hadn’t been fixed. Public Works Director Broce said the complaint should have been made to the Environmental Services Division, not the fire department. Broce said hydrants cost about $2,800 apiece to install and must have at least 250 gallons per minute of flow in order to be considered adequate fire protection, rather than just a flushing hydrant. This hydrant was at 80 GPM. However, a hydrant one block to the east carries 650 GPM and can be reached easily by fire hose. Broce explained that hydrants are not replaced until the water lines serving them can be upgraded to 6- or 8-inch lines. He said insufficient hydrants are bagged to warn firefighters not to hook up to them. Fire Chief Wolfe said much of the fire hydrant data is incorrect and out of date. He said hydrants can be extended with 1,000 feet of hose. Commissioner Jurkovich said the issue is not whether there is fire protection, but whether residents in the area know that there is. He suggested a mailer to residents that informs them of the other hydrants protecting them. Mayor Oestmann said this commission has worked to replace water lines, but it is expensive and slow work.



Lacey Pool, 900 Highland Drive, said she and her parents, John and Holli Pool, have had numerous problems regarding building codes and permits since purchasing an abandoned commercial property at 1826 N. Summit St. She said people warned them about working with the City, but they proceeded anyway. She said they wanted to follow all appropriate guidelines, but complete the renovation project quickly and efficiently. Pool said the whole process for a commercial building never was laid out for them, and they have encountered roadblocks and setbacks each step of the way, culminating in the denial of an electrical permit that morning. She said the need for a survey caused a four-week delay and obtaining blueprints created another two-month delay. Further setbacks included the dumpster location and lack of a sidewalk shown on the plans. Pool said the City offered a 15-foot easement in lieu of the sidewalk, but asserted that a building permit was held back unless the easement was granted. Broce later explained that the permit was not contingent on granting the easement, but instead was his attempt to ease the process by not requiring an expensive sidewalk. Pool said her father, who is the general contractor for the project, was so fed up that he wanted to scrap the project. But they met with Broce and Mayor Oestmann, and were assured there would be no further setbacks. Pool said Hernandez took care of the most recent issue that day, and they are able to pull their permits for electrical, plumbing and HVAC work. But she said this process will hinder new development or growth in the city. Commissioner Tweedy asked who the architect for the project is. Pool said they had hired Gordon & Associates, of Winfield. He asked why they didn’t catch some of these problems and omissions on the plans. Hernandez said they should have, but Pool said she received an email Dec. 29, 2016, from Neighborhood Services Superintendent Richard Brown that claimed they did not need to submit electrical or plumbing plans. Mayor Oestmann asked if the process had been clarified yet. Hernandez showed multiple ways to access both commercial and residential development guides on the City website, with step-by-step instructions for both. Mayor Oestmann said all of the commissioners want the city to grow. Hernandez said the problem arises when the City tries to help residents to bypass some of these requirements in order to assist them with saving money. When outside companies come into town to construct or remodel, Hernandez said, they just follow the standard process because that is what they are used to in other cities. But the City could educate local residents better. Commissioner Jurkovich said Hernandez should not have had to become personally involved in this project and remarked that anyone who is not from Arkansas City would have given up on a project like this a long time ago. He said he will not tolerate something like this happening again and instructed staff to streamline the process. Commissioner Tweedy asked why this information was not given to the Pools at the very start. Broce admitted that early on is probably where the ball was dropped, but the project morphed somewhat during the process. Pool asked if there were going to be any further issues on the project, since their electrical permit was issued, but the plans still do not show any electrical detail. Hernandez assured her there would be no more setbacks.



Connie Carder, 424 Rock Meadow Drive, who is Lacey Pool’s grandmother, said the entire project would have been scrapped if it wasn’t for Hernandez’s personal involvement in addressing these problems. She encouraged the City to have a more generous attitude toward and be more willing to help residents who are trying to pursue remodeling or improvement projects, in order to encourage new growth and development. Carder also said she thinks more needs to be done to fix up houses that have been tagged as dangerous structures. She said the city is looking quite junky and volunteered to work with a committee to address the issue. Mayor Oestmann said he agreed with Carder, but he said the community needs to help with this, as well. He touted Spring Cleanup Day on April 1 as a perfect opportunity for citizens to step up and help out their neighbors. Commissioner Warren said this was the first time in eight years that he has received multiple telephone calls about code issues, but they weren’t about the codes themselves. The complaints are about the internal process. He said he thinks something needs to be changed structurally with code enforcement and suggested scheduling a study session to look at the process in more depth. Mayor Oestmann said it all boils down to communication. Commissioner Tweedy said the process is on the website now and suggested printing a handout for developers. Brett Von Martin, 617 S. Fourth St., said he and his contractor tried to pull a permit recently to remodel his house, but were denied. He also had a copy of the mold report, which said the mold was “exceedingly high.” Martin wanted to know when he would be able to obtain a permit and commence work. Mayor Oestmann said the commissioners instructed Martin to pull the permit several weeks ago and keep coming to their meetings. Martin claimed he didn’t know he was required to show up to the last meeting or pull the permit that week. He asked for a little more time, but Mayor Oestmann said it was Martin’s responsibility to stay on top of deadlines. The mayor also said Martin had not provided the report to the code enforcement office. Hernandez said the first time he heard of the extent of the mold was when Martin emailed him earlier that afternoon. Mayor Oestmann asked who the contractor is. Martin said he is working with Kent Hinson, who has talked to Brown. Hernandez said Hinson has not contacted him. Broce said he talked to him informally at a restaurant. Broce also said they tried to pull the permit after 4:30 p.m., when staff stops issuing permits, and Brown told staff not to proceed until the City Commission could discuss the matter further, since Martin missed the deadline. Mayor Oestmann asked why Hinson was not at the meeting. Hernandez said he would meet with Hinson the next day and ensure he is aware of the deadline. There is only about 60 days left to make substantial progress. City Attorney Niles said both the 30-day period to commence renovation and about 30 of the 90 subsequent days to complete the work or make progress have elapsed. She said the City actually is being generous in still allowing the work to continue when it wasn’t even commenced within the initial 30-day period. Hernandez said the City will work with Martin, and even might allow him time beyond the 90-day period if he and Hinson can demonstrate substantial process. Mayor Oestmann told Martin to pull the permit the next day.



Consent Agenda Commissioner Tweedy made a motion to approve the consent agenda as presented, including the following:

1. Approving the February 21, 2017, regular meeting minutes as written. Commissioner Jurkovich seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the consent agenda approved. New Business

Personal Policy Updates City Clerk Shook presented for discussion four personnel policy updates — Outside Employment, Inclement Weather, Personal and Romantic Relationships, and Family and Medical Leave Act (FMLA). Human Resources Manager McFarland said the first policy has been updated to define better what constitutes outside employment and prohibit such employment while on a nonmilitary leave of absence, including FMLA. The second policy is new and spells out that City facilities will remain open during inclement weather, but allowing that the city manager has broad authority to close whatever facilities and send home any employees he sees fit. The third policy, which was mis-numbered in the packet, is new to PowerDMS, but has not been updated at all. The final policy, which is nine pages long, is similar to the current policy, although much more extensive. It covers in more detail leaves for military service members, combined leave for spouses and additional definitions. Mayor Oestmann asked if most of the policy was due to changing federal law. McFarland said that is the case. Commissioner Jurkovich asked how the FMLA law passed in 1994 can be changed without congressional approval. City Manager Hernandez and McFarland said most of it is due to evolving case law in federal courts. Commissioner Tweedy asked about personnel privacy protections and McFarland provided him with more details. Commissioner Warren made a motion to approve the policy updates. Commissioner Tweedy seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the motion approved.

Personal Protective Equipment Resolution No. 2017-03-3084

City Clerk Shook presented for discussion a resolution approving the purchase of five sets of firefighting personal protective equipment (PPE) from Conrad Fire Equipment, of Olathe, for an amount not to exceed $11,217.75. Fire Chief Wolfe said the Morning Pride gear consists mainly of bunker pants and jackets. He would like to phase out the PPE purchased in 2010 and 2011, initially, by purchasing five sets a year for each of the next five years, in compliance with National Fire Protection Association standards, which require destruction after 10 years of use.



Commissioner Warren asked how new firefighters are equipped. Wolfe said there are some spare sets and they try to match those to new hires as best they are able, until the new sizes can be ordered with the five new sets. Commissioner Jurkovich made a motion to approve the resolution. Commissioner Welch seconded the motion. Wolfe said he is not willing to push bunker gear to the end of its lifespan in order to be eligible for grant funding for replacement, but he probably will pursue that approach for the department’s new breathing apparatus. Commissioner Tweedy asked about the hiring process. Wolfe said there is a new firefighter on board, two more in the process, and four more possibilities for recruitment, which has been difficult lately, along with retention. He said paramedics are hard to find throughout the state, so it is not a problem unique to the Arkansas City. He also mentioned that the purchase of a new tanker will be on a future agenda, probably within the next month. Sybrant asked if the old PPE can be donated to volunteer fire departments. Wolfe said that is prohibited by law. Commissioner Tweedy asked how many years have to pass until the fire-EMS department can mount a larger water tank on the back of the grass fire rig that was transferred from the forestry service. Wolfe said it will be a few more years, but he will have to watch the top weight because the truck goes up and down steep hills. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the resolution approved and given Resolution No. 2017-03-3084.

Precast Concrete Box Culvert Resolution No. 2017-03-3085

City Clerk Shook presented for discussion a resolution approving the purchase of a 6- by 3-foot precast reinforced concrete box culvert from Wichita Concrete Pipe, for an amount not to exceed $29,195.66. Public Works Director Broce said staff has worked on ways to reduce costs on the 15th Street project, including cleaning out canals and drainage ditches, building up shoulders, and installing this culvert prior to construction. He said the new slopes will be more gradual and the culvert will be angled to direct the stormwater away. A more detailed presentation of the overall project will occur at an upcoming City Commission meeting, he said. Commissioner Tweedy asked if this was related to the bridge project. Broce said this will be located south of the bridge and that portion of the project will not occur until later this year, probably in the fall. The box culvert handles all the runoff from Timberlane Estates. Broce said he is surprised that there hasn’t been a bad accident there because there is no guardrail to protect against the drop-off. Commissioner Warren asked how this purchase will be funded. City Manager Hernandez said it would come out of the Special Streets Fund. Commissioner Warren made a motion to approve the resolution. Commissioner Tweedy seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the resolution approved and given Resolution No. 2017-03-3085.



Strother Field Commission City Clerk Shook presented for discussion annual reorganization item No. 1, the appointment of three voting representatives to the Strother Field Commission. Commissioner Welch said she would be interested in joining the commission in some capacity. Commissioner Tweedy said he didn’t mind staying on or stepping down. Commissioner Warren said Mayor Oestmann needs to remain on the commission because he is scheduled to become its next chairman. Commissioner Tweedy made a motion to appoint Commissioner Welch, and reappoint Mayor Oestmann and Commissioner Warren, as Arkansas City’s representatives to the Strother Field Commission, with himself and Commissioner Jurkovich serving as alternates. Mayor Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the motion approved.

Convention and Visitors Bureau Board of Directors

Mayor Oestmann presented for discussion reorganization item No. 2, the appointment of a voting representative to the Arkansas City Convention and Visitors Bureau (CVB) Board of Directors. Commissioner Welch made a motion to reappoint Commissioner Tweedy to the CVB Board of Directors. Commissioner Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the motion approved.

South Central Kansas Medical Center Board of Trustees

City Clerk Shook presented for discussion reorganization item No. 3, the appointment of a nonvoting ex officio representative to the South Central Kansas Medical Center Board of Trustees. Commissioner Warren made a motion to reappoint Commissioner Jurkovich to the SCKMC Board of Trustees. Mayor Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the motion approved.

Cowley First City Clerk Shook presented for discussion reorganization item No. 4, the appointment of a nonvoting representative to the Cowley County Economic Development Partnership. Commissioner Tweedy suggested that the time was right for him to leave the coordinating council now, to allow someone else to get up to speed with what’s going on before his term as a commissioner ends in January 2018.



Commissioner Jurkovich expressed interest and asked how many meetings it entails. Commissioner Tweedy said they are quarterly, plus extra meetings to approve loans. City Manager Hernandez guessed seven to eight a year. Commissioner Warren made a motion to appoint Commissioner Jurkovich to the Cowley First coordinating council, with Mayor Oestmann serving as an alternate. Commissioner Tweedy seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the motion approved.

ACPL Board of Trustees City Clerk Shook presented for discussion reorganization item No. 5, the appointment of a voting ex officio representative to the Arkansas City Public Library Board of Trustees. Commissioner Jurkovich made a motion to reappoint Mayor Oestmann to the ACPL Board of Trustees, with Commissioner Welch serving as an alternate. Commissioner Tweedy seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the motion approved.

Official City Newspaper City Clerk Shook presented for discussion reorganization item No. 6, the designation of the official City newspaper for the publication of various legal notices as required by Kansas statute. Mayor Oestmann made a motion to designate The Cowley CourierTraveler as the City’s official newspaper. City Manager Hernandez said the CourierTraveler is the only local newspaper that meets the statutory requirements. Commissioner Jurkovich asked what would happen if it didn’t meet those. Hernandez said the City would have to look at The Wichita Eagle, but probably also would post the notices on the City website. Commissioner Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the motion approved.

Official City Depositories City Clerk Shook presented for discussion reorganization item No. 7, the designation of official City depositories. Commissioner Tweedy asked if credit unions are not eligible. Both City Manager Hernandez and Finance Director Cornwell said they did not think they were eligible, probably because deposits are not federally insured. Mayor Oestmann made a motion to designate RCB Bank as the City’s primary depository for banking services, and Community National Bank & Trust, The Stock Exchange Bank and Union State Bank as potential depositories. Commissioner Tweedy seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the motion approved.



Real Estate Purchase Contract Resolution No. 2017-03-3086

City Clerk Shook presented for discussion a resolution approving a real estate purchase contract with Shirley Diane Carter for property located at 518 W. Madison Ave., for an amount not to exceed $18,000.00. City Manager Hernandez said Ms. Carter had approached him a few weeks ago about selling the house and old bait shop located on the property adjacent to the new Water Treatment Facility. Both buildings are vacant. Her initial asking price was $38,000, but Hernandez said he was able to negotiate that down to $18,000. The goal of the purchase is to help to clean up and beautify that section of West Madison Avenue, Hernandez said. Commissioner Tweedy asked if there was any reason to retain the seller’s disclosures in the contract since the buildings likely will be demolished. City Attorney Niles said that requirement could be waived by amendment. Commissioner Welch made a motion to approve the resolution. Commissioner Tweedy seconded the motion. Commissioner Warren asked how the $18,000 will be paid. Hernandez said it will come out of the General Fund. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the resolution approved and given Resolution No. 2017-03-3086.

Setting Public Hearing on IRBs Resolution No. 2017-03-3087

City Clerk Shook presented for discussion a resolution scheduling a public hearing at 5:30 p.m. March 21, 2017, to determine the advisability of issuing taxable Industrial Revenue Bonds (IRBs) for the purpose of financing the acquisition, construction and equipping of a commercial facility to be located within Goff Industrial Park. City Manager Hernandez said Ark City Industries requested the hearing for a commercial structure it plans to build in the industrial park. He explained the cost-benefit analysis that was included in the agenda packet. Hernandez suggested going over the proposal during the planned study session, prior to the public hearing. He outlined the broad strokes of a tacit agreement to bring some of the property gradually into the city limits. Although the building will be located outside the city limits, the City would act as the issuing agency for the IRBs. Commissioner Jurkovich made a motion to approve the resolution. Commissioner Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the resolution approved and given Resolution No. 2017-03-3087.

Scheduling Study Session Mayor Oestmann presented for discussion the scheduling of a study session to discuss IRBs and code enforcement.



Commissioner Jurkovich made a motion to schedule a public meeting of the Governing Body at 12 p.m. Friday, March 17, 2017, in the city manager’s office at City Hall. Mayor Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the motion approved. City Manager Updates Police Chief Ward gave the annual forfeiture report for 2016 for the Arkansas City Police Department. ACPD brought in $3,919.55 in asset forfeitures last year and spent $11,836.18 — the first expenditures in three years. The fund has an ending balance of $9,287.86. City Manager Hernandez read off the individual seizure amounts. Hernandez said $2,450 was spent in accordance with state statutes on upgrades to the police department’s evidence storage room, which is one of the requirements of the ongoing CALEA accreditation process. An additional $8,388 was spent on upgrades to ACPD’s evidence storage garage and $78.08 on surveillance cables. Warren asked how seized drugs are disposed of by police. Ward said they follow set destruction procedures. Commissioner Tweedy asked about possible changes to the law. Ward said there are about five proposals in the Kansas Legislature, but they cover the full range from making seizures more difficult to eliminating this report. Hernandez passed out the Government Finance Officers Association’s audit procurement best practices, which state auditing firms should be changed every five years. He recommended retaining the current auditor one more year and starting a Request for Proposals immediately after the conclusion of the 2017 audit in early 2018. Hernandez said he would like to have the annual budget retreat a couple of months earlier this year than normal, preferably prior to May. By then, he said, the Capital Improvement Planning process should be done. Various dates in April were discussed, but the consensus was 9 a.m. April 29 at Commissioner Warren’s cabin. Public Information Officer Lawson asked if the commissioners would like to receive advisory board reports, which is a requirement of Municipal Code. After some discussion, the consensus was to include minutes from each board in the agenda packets. But Commissioner Tweedy cautioned the others about getting too involved. Hernandez said he would like it if one or two commissioners at a time could cover “shifts” at a City information booth at the Cowley Home and Outdoor Living Festival on March 25-26 at the Agri-Business Building. Hernandez said City personnel could assist with staffing the booth from 10 a.m. to 5 p.m. March 25 and from 11 a.m. to 4 p.m. March 26. Commissioner Warren said he would be there both days cooking and serving food with the Optimists of Arkansas City. There will be information on the Water Treatment Facility and other City projects. Adjournment Commissioner Warren moved to adjourn the meeting. Commissioner Tweedy seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the meeting adjourned at 7:53 p.m.



THE ARKANSAS CITY BOARD OF CITY COMMISSIONERS _________________________ Duane L. Oestmann, Mayor ATTEST: ____________________________ Lesley Shook, City Clerk Prepared by: ____________________________ Andrew Lawson, Public Information Officer




Staff Contact Nick Hernandez

Title: Consent Agenda Item: A Resolution setting a public meeting of the Governing Body of the City of Arkansas City at 9:00 a.m. April 29, 2017, at Commissioner Jay Warren’s cabin at 2776 272nd Road. Description: At the retreat, which will be held at Commissioner Warren’s cabin, 2776 272nd Road, Arkansas City, the Governing Body will discuss many issues affecting the City, but no binding action will be taken. Commission Options: 1. Approve with the consent agenda. 2. Remove item from the consent agenda for consideration as new business. Fiscal Impact: Amount: N/A Fund: Department: Expense Code:


City Manager

RESOLUTION NO. 2017-03-____

A RESOLUTION SETTING A PUBLIC MEETING OF THE GOVERNING BODY OF THE

CITY OF ARKANSAS CITY, KANSAS, AT 9:00 A.M. APRIL 29, 2017, AT COMMISSIONER

JAY WARREN’S CABIN AT 2776 272ND

ROAD.

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

KANSAS:

SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby establishes that it

shall hold a City Commission budget retreat at 9:00 a.m. April 29, 2017, at Commissioner Jay Warren’s

cabin at 2776 272nd Road in Arkansas City, Kansas. No action will be taken at said meeting, but instead

the Commissioners will discuss the 2018 City budget.

SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby directs that notice

of this public meeting shall be provided to those requesting notice under the Kansas Open Meetings Act.

The Governing Body further authorizes City staff 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 RESOLVED by the Governing Body of the City of Arkansas City, Kansas this 21st

day of March, 2017.

(Seal)

Duane L. Oestmann, 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. 2017-03-

____ of the City of Arkansas City, Kansas, adopted by the Governing Body on March 21, 2017, as the

same appears of record in my office.

DATED: _________________




Department/Division Parks and Facilities

Staff Contact Tony Tapia

Title: Consent Agenda Item: A Resolution approving the purchase of a 2017 Kubota Model F2690 mower from Price Bros. Equipment Co., of Wichita, for an amount not to exceed $13,850.00. Description: The City is in need of a new mower to replace an existing mower that is beyond economical repair. Staff recommends that the City purchase a 2017 Kubota Model F2690 mower from Price Bros. Equipment Co., of Wichita, for an amount not to exceed $13,850. Commission Options: 1. Approve with the consent agenda. 2. Remove item from the consent agenda for consideration as new business. Fiscal Impact: Amount: $13,850 Fund: 01 Department: 530 (Parks & Facilities) Expense Code: 7405 (Machinery/Equipment)


City Manager


A RESOLUTION APPROVING THE PURCHASE OF A 2017 KUBOTA MODEL F2690

MOWER FROM PRICE BROS. EQUIPMENT CO., OF WICHITA, FOR AN AMOUNT NOT TO

EXCEED $13,850.00.


KANSAS:

SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the City

to purchase a 2017 Kubota Model F2690 mower from Price Bros. Equipment Co., of Wichita, for an

amount not to exceed $13,850.00.

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 to take such further and other necessary actions

that are required to effectuate the intent and purposes of this Legislative Enactment.



PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on March 21,

2017.

(Seal)


ATTEST:




CERTIFICATE




DATED: _________________


2017 Mower Bid

Vehicle Type Kubota Mower F2690 4 wheel drive. N/A

Price Brothers Romans Schmidt & Sons Inc.

Base Price 17,350$ N/A 17,340$

-$

Trade In 2005 Kubota ZD28 3,500$ 1,000$

Total 13,850$ 16,340$

Meet Bid Specs Yes/4-6 weeks -$ yes /30-45 days

City Manager opted to accept this bid for the F2690 from Price Brothers .



Department/Division Parks and Facilities

Staff Contact Tony Tapia

Title: Consent Agenda Item: A Resolution approving the purchase of a 2017 Dodge Ram 1500 4x4 crew cab pickup truck from Zeller Motor Co. Inc., for an amount not to exceed $25,000.00. Description: The City is in need of a 4x4 wheel drive Crew Cab truck to access wooded and remote trails. It will replace a 1999 Ford half-ton Ex-Cab pickup truck with 140,442 miles on it. Staff recommends that the City purchase the truck from Zeller Motors for an amount not to exceed $25,000. Commission Options: 1. Approve with the consent agenda. 2. Remove item from the consent agenda for consideration as new business. Fiscal Impact: Amount: $25,000 Fund: 01 Department: 530 (Parks & Facilities) Expense Code: 7403 (Motor Vehicles)


City Manager


A RESOLUTION APPROVING THE PURCHASE OF A 2017 DODGE RAM 1500 4X4 CREW

CAB FROM ZELLER MOTOR CO., INC., FOR AN AMOUNT NOT TO EXCEED $25,000.00.


KANSAS:

SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the City

to purchase a 2017 Dodge Ram 1500 4x4 Crew Cab pickup truck from Zeller Motor Co. Inc., for an

amount not to exceed $25,000.00.

SECTION TWO: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the

Mayor and/or City 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.



PASSED AND RESOLVE by the Governing Body of the City of Arkansas City, Kansas, on March 21,

2017.

(Seal)


ATTEST:




CERTIFICATE




DATED: _________________


2017 Truck Bid

Vehicle Type 2017 Crew Cab 4x4 wheel drive truck N/A

Zeller Motor Co. Inc Reedy Ford Inc. Winfield Motors

Base Price 26,200$ 28,435$ 27,403$

-$

Trade In 1999 Ext. Cab 1/2Ton Ford 1,200$ 1,500$ 1,525$

Total 25,000$ 26,845$ 25,878$

Meet Bid Specs Yes/2-3 months yes/ 90 days yes/ 90-120 days

City Manager opted to accept this bid From Zeller Motor Inc. for a 2017 4x4 Pickup

Item for City Commission Action Section VI Item 1



Staff Contact Nick Hernandez

Title: Hold a public hearing and consider a Resolution of the Governing Body of the City of Arkansas City, Kansas, determining the advisability of issuing taxable Industrial Revenue Bonds for the purpose of financing the acquisition, construction and equipping of a commercial facility to be located within Goff Industrial Park, and authorizing the execution of related documents. (Voice Vote) Description: Public notice was given that the City will conduct a public hearing at 5:30 p.m. March 21, 2017, or as soon thereafter as may be heard at the City Commission meeting room in City Hall, 118 W. Central Ave., Arkansas City, Kansas, regarding the issuance of taxable Industrial Revenue Bonds (Goff Industrial Park Project), in the principal amount not to exceed $250,000 (the “Bonds”) and in regard to an exemption from ad valorem taxation of property constructed or purchased with the proceeds of such Bonds. The Bonds are proposed to be issued by the City under the authority of K.S.A. 12-1740 et seq., as amended, to pay the costs of the acquisition, construction and equipping of a commercial warehouse facility located in Goff Industrial Park, north of Goff Industrial Road and west of 61st Road, in an unincorporated area of Cowley County, Kansas, but within 3 miles of the city limits of Arkansas City. The City further intends to lease such facility to Arkansas City Industries, Inc., a Kansas corporation (the “Tenant”). The Governing Body of the Issuer will not pass an ordinance authorizing the issuance of such Industrial Revenue Bonds until said public hearing has been concluded. Commission Options: 1. Open/Close public hearing

a. Approve the Resolution. b. Table the Resolution for further consideration.

c. Disapprove the Resolution. Fiscal Impact: Amount: N/A Fund: Department: Expense Code:

Included in budget Grant Bonds Other (explain)

Approved for Agenda by:

City Manager

Gilmore & Bell, P.C.

03/21/2017


A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF ARKANSAS

CITY, KANSAS, DETERMINING THE ADVISABILITY OF ISSUING TAXABLE

INDUSTRIAL REVENUE BONDS FOR THE PURPOSE OF FINANCING THE

ACQUISITION, CONSTRUCTION AND EQUIPPING OF A COMMERCIAL

FACILITY TO BE LOCATED WITHIN GOFF INDUSTRIAL PARK; AND

AUTHORIZING EXECUTION OF RELATED DOCUMENTS.

WHEREAS, the City of Arkansas City, Kansas (the “Issuer”), desires to promote, stimulate, and

develop the general economic welfare and prosperity of the City of Arkansas City, Kansas, and its environs,

and thereby to further promote, stimulate, and develop the general economic welfare and prosperity of the

State of Kansas; and

WHEREAS, pursuant to the provisions of the Kansas Economic Development Revenue Bond Act,

as amended and codified in K.S.A. 12-1740 et seq. (the “Act”), the Issuer is authorized to issue revenue

bonds for such purposes, and it is hereby found and determined to be advisable and in the interest and for

the welfare of the Issuer and its inhabitants that revenue bonds of the Issuer in the not to exceed principal

amount of $250,000 be authorized and issued, in one or more series, to provide funds to pay the costs of the

acquisition, construction and equipping of a commercial warehouse facility (the “Project”) to be located in

the environs of the Issuer; and

WHEREAS, the Project shall to be leased by the Issuer to Arkansas City Industries, Inc., a Kansas

corporation, (the “Tenant”), for sublease to one or more manufacturing and industrial companies (the

“Subtenant”).

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY

OFARKANSAS CITY, KANSAS:

Section 1. Public Purpose. The Governing Body of the Issuer hereby finds and determines that

the Project will promote, stimulate, and develop the general economic welfare and prosperity of the Issuer

and its environs, and thereby further promote, stimulate, and develop the general economic welfare and

prosperity of the State of Kansas.

Section 2. Authorization to Acquire Project; Intent to Issue Bonds. The Issuer is hereby

authorized to proceed with the acquisition, construction, and equipping of the Project and to issue its

revenue bonds, in one or more series, in the not to exceed principal amount of $250,000 (the “Bonds”) to

pay the costs thereof, subject to satisfaction of the conditions of issuance set forth herein.

Section 3. Conditions to Issuance of Bonds. The issuance of the Bonds is subject to: (a) the

passage of an ordinance authorizing the issuance of the Bonds; (b) the successful negotiation of a Bond

Agreement, Lease and other legal documents necessary to accomplish the issuance of the Bonds, the terms

of which shall be in compliance with the Act and mutually satisfactory to the Issuer and the Tenant; (c) the

successful negotiation and sale of the Bonds to a purchaser or purchasers yet to be determined (the

“Purchaser”), which sale shall be the responsibility of the Tenant and not the Issuer; (d) the receipt of the

approving legal opinion of Gilmore & Bell, P.C. (“Bond Counsel”) in form acceptable to the Issuer, the

Tenant and the Purchaser; (e) the obtaining of all necessary governmental approvals to the issuance of the

Bonds; and (f) the commitment to and payment by the Tenant or Purchaser of all expenses relating to the

issuance of the Bonds, including, but not limited to: (i) expenses of the Issuer and the Issuer Attorney;

(ii) any underwriting or placement fees and expenses; (iii) all legal fees and expenses of Bond Counsel;

and (iv) all recording and filing fees, including fees of the Kansas Board of Tax Appeals.

Section 4. Property Tax Exemption. The Issuer hereby determines that pursuant to the provisions

of K.S.A. 79-201a et sec. the Project, to the extent purchased or constructed with the proceeds of the Bonds,

should be exempt from payment of ad valorem property taxes for ten (10) years commencing with the year

following the year in which the Bonds are issued, provided proper application is made therefore. In making

such determination, the Governing Body of the Issuer has conducted the public hearing and reviewed the

analysis of costs and benefits of such exemption required by K.S.A. 12-1749d. The Tenant is responsible

for preparing such application and providing the same to the Issuer for its review and submission to the State

Board of Tax Appeals.

Section 5. Sales Tax Exemption. The Governing Body hereby determines that pursuant to the

provisions of K.S.A. 79-3601 et seq. (the “Sales Tax Act”), particularly 79-3606(b) and (d) and other

applicable laws, sales of tangible personal property or services purchased in connection with construction of

the Project and financed with proceeds of the Bonds are entitled to exemption from the tax imposed by the

Sales Tax Act; provided proper application is made therefore. In the event that the Bonds are not issued

for any reason, the Tenant will not be entitled to a sales tax exemption under the terms of the Sales Tax

Act and will remit to the State Department of Revenue all sales taxes that were not paid due to reliance

on the sales tax exemption certificate granted hereunder.

Section 6. Reliance by Tenant; Limited Liability of Issuer. It is contemplated that in order to

expedite acquisition of the Project and realization of the benefits to be derived thereby, the Tenant may incur

temporary indebtedness or expend its own funds to pay costs of the Project prior to the issuance of the

Bonds. Proceeds of Bonds may be used to reimburse the Tenant for such expenditures made not more than

60 days prior to the date this Resolution is adopted. The Bonds herein authorized and all interest thereon

shall be paid solely from the revenues to be received by the Issuer from the Project and not from any other

fund or source. The Issuer shall not be obligated on such Bonds in any way, except as herein set out. In

the event that the Bonds are not issued, the Issuer shall have no liability to the Tenant.

Section 7. Further Action. The Clerk is hereby authorized to deliver an executed copy of this

Resolution to the Tenant. The Mayor, Clerk and other officials and employees of the Issuer, including the

Issuer’s counsel and Bond Counsel, are hereby further authorized and directed to take such other actions as

may be appropriate or desirable to accomplish the purposes of this Resolution, including, but not limited to:

(a) cooperate with the Tenant in filing an application for a sales tax exemption certificate with the Kansas

Department of Revenue with respect to Bond-financed property; and (b) execution on behalf of the Issuer of

the information statement regarding the proposed issuance of the Bonds to be filed with the State Board of

Tax Appeals pursuant to the Act.

Section 8. Effective Date. This resolution shall become effective upon adoption by the Governing

Body of the City of Arkansas City, Kansas, and shall remain in effect until December 31, 2018, unless

extended by affirmative vote of a majority of the Governing Body.

PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on

March 21, 2017.

[SEAL]

___________________________________


Attest:

____________________________________


CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Resolution No.

2017-03-_____ of the Issuer adopted by the Governing Body on March 21, 2017, as the same appears of

record in my office.

DATED: March 21, 2017.


Item for City Commission Action Section VII Item 1


Department/Division Public Works

Staff Contact Eric Broce

Title: Consider a Resolution authorizing execution of a Federal-Aid Fund Exchange Master Agreement between the City of Arkansas City and the Kansas Department of Transportation (KDOT). (Voice Vote) Description: The Federal Fund Exchange Program allows local units of government to exchange some or all of the Federal Funds allotment by KDOT. The City desires to exchange a portion of the City’s annual allotment of Federal Funds for State Funds at the 90% Exchange Rate on a reimbursement basis. Commission Options: 1. Approve the Resolution. 2. Disapprove the Resolution. 3. Table the Resolution for further discussion. Fiscal Impact: Amount: N/A Fund: Department: Expense Code:


City Manager


A RESOLUTION AUTHORIZING EXECUTION OF A FEDERAL-AID FUND EXCHANGE

MASTER AGREEMENT BETWEEN THE CITY OF ARKANSAS CITY, KANSAS, AND THE

KANSAS DEPARTMENT OF TRANSPORTATION (KDOT).


KANSAS:

SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes

execution of a Federal-Aid Fund Exchange Master Agreement between the City of Arkansas City,

Kansas, and the Kansas Department of Transportation (KDOT). Such Agreement is attached hereto and

incorporated by reference as if fully set forth herein.

SECTION TWO: That 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.



PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on March 21,

2017.

(Seal)


ATTEST:




CERTIFICATE


____ of the City of Arkansas City, Kansas adopted by the governing body on March 21, 2017, as the same

appears of record in my office.

DATED: _________________





Staff Contact Nick Hernandez / Tamara Niles

Title: Consider a Resolution authorizing the execution of an Agreement for Voluntary Annexation between the City of Arkansas City and Arkansas City Industries, Inc. (Voice Vote) Description: The City Commission on April 19, 2016, voted unanimously to authorize City Manager Nick Hernandez, on behalf of the City of Arkansas City, to finalize negotiations and enter into a voluntary annexation agreement with Arkansas City Industries, Inc., under the terms previously presented. Negotiations had been under way for some time prior to that vote and continued for nearly an additional year, culminating in the attached Agreement for Voluntary Annexation now under consideration. Because some of the terms have changed since last April, this agreement will require approval from the Governing Body. The original goal for the City was to annex a pair of properties adjoining 61st Road so that section of roadway also could be brought into the City limits and be maintained legally by the City, which has a vested interest in preserving the improvements brought by the 61st/Skyline Road improvement project. The agreement before the commission would replat Goff Industrial Park (see attached map), designate a drainage reserve area, establish necessary easements for public utilities, and de-annex one parcel until such time as a building or warehouse is constructed and connected to City utilities on that property, or the property is sold. All properties shall revert to the ownership of Arkansas City Industries, Inc. In return, several additional parcels, including the two adjoining 61st Road, will be annexed immediately into the City limits, but property taxes on those parcels will be phased in over the course of 10 years, with full abatement of taxes in the first year, 90 percent in the second year, and continuing such reduction by 10 percent a year until no taxes are abated after the 10th year following annexation. It is hoped that this Agreement for Voluntary Annexation might serve as a model for future annexations. Commission Options: 1. Approve the Resolution. 2. Disapprove the Resolution. 3. Table the Resolution for further discussion.

Fiscal Impact: Amount: N/A Fund: Department: Expense Code:


City Manager


A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR VOLUNTARY ANNEXATION BETWEEN THE CITY OF ARKANSAS CITY, KANSAS, AND ARKANSAS CITY INDUSTRIES, INC. WHEREAS, the City of Arkansas City, Kansas, has the legal authority to annex parcels into the City limits; and WHEREAS, voluntary annexation into the City limits is authorized specifically by K.S.A. 12-520(a)(f); and WHEREAS, the City of Arkansas City, Kansas, has made significant improvements to roadways in and around Goff Industrial Park, to better serve the industries located therein; and WHEREAS, multiple parcels within Goff Industrial Park are not located within the City limits; and WHEREAS, the City of Arkansas City, Kansas, cannot sustain those improvements and annex those portions of roadway within or adjacent to Goff Industrial Park, unless at least one (1) property bordering said roadway is within the City limits; and WHEREAS, Arkansas City Industries, Inc. owns multiple parcels within Goff Industrial Park that, if included in the City limits, would allow the City of Arkansas City, Kansas, to annex certain roadways within and adjacent to the industrial park; and WHEREAS, because Arkansas City Industries, Inc.’s properties will benefit from these improvements, Arkansas City Industries, Inc. has agreed to partner with the City of Arkansas City, Kansas, on this project by entering into a voluntary annexation agreement for multiple parcels located within Goff Industrial Park. 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 enters into the attached Agreement for Voluntary Annexation with Arkansas City Industries, Inc. Such agreement is attached hereto and incorporated by reference as if fully set forth herein. SECTION TWO: The Governing Body of the City of Arkansas City 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 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 21st day of March, 2017.

(Seal)

Duane L. Oestmann, 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. 2017-03-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on March 21, 2017, as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

1 | P a g e

A n n e x a t i o n A g r e e m e n t

CITY OF ARKANSAS CITY AGREEMENT FOR VOLUNTARY ANNEXATION

This Agreement, made and entered into on __________________ ____, 2017, by and

between the City of Arkansas City, Kansas a municipal corporation, (hereinafter called

“the CITY”) and ARKANSAS CITY INDUSTRIES, INC. (hereinafter collectively called

“OWNER”) both of whom agree as follows:

RECITALS:

A. CITY has the legal authority to annex parcels into the CITY limits; and

B. Voluntary annexation into City limits is specifically authorized by Kan. Stat. Ann.

12-520(a)(f); and

C. CITY seeks to make significant improvements to roadways in and around Goff

Industrial Park, to better serve the industries located therein; and

D. Multiple parcels within Goff Industrial Park are not located within the City limits;

and

E. CITY cannot make those improvements and annex those portions of roadway

within Goff Industrial Park, unless at least 1 property bordering said roadway is within

the City limits; and

F. OWNER owns multiple parcels within Goff Industrial Park, that if included in the

City, would allow the City to annex certain roadways within the park; and

G. Because OWNER’s properties will benefit from these improvements, OWNER

has agreed to partner with CITY on this project, by entering into a voluntary annexation

agreement for multiple parcels located within Goff Industrial Park.

Now, Therefore, IN CONSIDERATION OF THE FOLLOWING terms and conditions,

the CITY and OWNER agree as follows:

SECTION ONE: RE-PLATTING OF GOFF INDUSTRIAL PARK

Without delay, OWNER shall re-plat Goff Industrial Park in accordance with the map

attached hereto as Exhibit A. The new plat shall include a reservation for a drainage

reserve to the City to be used exclusively to provide a drainage area for the industries and

properties located in Goff Industrial Park; and easements necessary for public utilities to

serve the properties subject to the plat.

2 | P a g e


SECTION TWO: TRANSFER OF OWNERSHIP OF PARCELS AND

DEANNEXATION

Upon completion, approval, and filing of the above-referenced plat, the Property

Purchase Agreement dated _________, 2011 between OWNER and CITY for a tract of

land located in Goff Industrial Park shall terminate, and the CITY shall execute a deed to

return ownership of the property described therein to OWNER and take all necessary

steps to deannex from the City limits any portion of this property within the newly-

platted lot designated on the attached Exhibit A as Lot 2, Block 1. Simultaneously, for

no additional consideration paid by CITY, OWNER shall deed to CITY the Drainage

Reserve shown on the attached Exhibit A, for the purposes stated in Section One above.

SECTION THREE: TERMS OF IMMEDIATE VOLUNTARY ANNEXATION

Upon completion, approval, and filing of the above-referenced plat, OWNER consents to

the immediate voluntary annexation of the parcels designated on the attached Exhibit A

and colored blue. In consideration of OWNER’s consent to annexation of these parcels,

CITY agrees to rebate a portion of ad valorem real estate taxes paid to the CITY for the

parcels, pursuant to the following schedule: year 1, 100 percent of City ad valorem taxes

paid by OWNER to City; year 2, 90 percent of City ad valorem taxes paid by OWNER to

City; year 3, 80 percent of City ad valorem taxes paid by OWNER to City; year 4, 70

percent of City ad valorem taxes paid by OWNER to City; year 5, 60 percent of City ad

valorem taxes paid by OWNER to City; year 6, 50 percent of City ad valorem taxes paid

by OWNER to City; year 7, 40 percent of City ad valorem taxes paid by OWNER to

City; year 8, 30 percent of City ad valorem taxes paid by OWNER to City; year 9, 20

percent of City ad valorem taxes paid by OWNER to City; and year 10, 10 percent of

City ad valorem taxes paid by OWNER to City. No rebate shall be provided after year

10. Said rebate shall be paid to OWNER by CITY within 60 days after CITY receives

OWNER’s full annual tax payment from Cowley County, or approximately July of each

year. CITY further shall provide all benefits to OWNER of residing within the City

limits, including but not necessarily limited to, access to municipal water, access to

municipal sewer (unless OWNER has a pre-existing septic system), access to fire

protection, police protection, road maintenance, and trash service.

The annexation will not become effective until after the Governing Body of the City of

Arkansas City formally approves and adopts the necessary Annexation Ordinance

required by Kansas law, and said ordinance (or summary thereof) is published one time

in the official City newspaper.

This rebate shall only be effective as long as OWNER is the legal owner of record of the

parcel. Should OWNER sell, gift or otherwise transfer ownership to another party, the

rebate provided hereunder shall expire as of the date of transfer.

SECTION FOUR: AGREEMENT FOR FUTURE VOLUNTARY ANNEXATION

The attached Exhibit A shows three parcels in yellow, designated as Lot 2, Block 1; Lot

2, Block 2; and Lot 1, Block 2, none of which will be within the City limits of Arkansas

3 | P a g e


City after a portion of Lot 2, Block 1 is deannexed pursuant to Section One above.

OWNER consents to the immediate voluntary annexation of these lots if any of the

conditions below are met:

1. Lot 2, Block 2 and/or Lot 1, Block 2 will be immediately voluntarily

annexed if a building or warehouse is constructed on that lot with the

request for municipal utilities or if the property is sold to a third party.

SECTION FIVE: ENTIRE AGREEMENT

This Agreement shall not be construed to provide for any property tax abatements or

other tax incentives without the duly authorized approval of the Governing Body of the

City of Arkansas City. This written agreement constitutes the entire agreement between

the parties, and shall not be amended except in writing.

IN WITNESS WHEREOF, the parties have executed this Agreement intending to be

bound hereby as of the date and year first above written.

CITY OF ARKANSAS CITY:

_____________________________ Attest: _______________________________

Duane Oestmann, Mayor Lesley Shook, City Clerk

STATE OF KANSAS )

COUNTY OF COWLEY ) ss

On this _____ day of ___________, 2017, before me, the undersigned, a Notary Public in

said State, personally appeared Duane Oestmann, Mayor of Arkansas City, and Lesley

Shook, City Clerk to me known to be the identical persons named in and who executed

the foregoing instrument, and acknowledged that they executed the same as their

voluntary act and deed as duly authorized by the City of Arkansas City.

Notary Public_______________________

My Commission Expires _________________________________

Arkansas City Industries, Inc.

4 | P a g e


OWNER:

____________________________ _________________________

Michael J. Munson, President Attest: Otis Morrow, Secretary

STATE OF KANSAS )

COUNTY OF COWLEY ) ss

On this ____ day of ____________, 2017, before me, a notary public, personally

appeared Michael J. Munson, who executed the foregoing instrument, and acknowledged

that he executed the same as his voluntary act and deed and on behalf of Arkansas City

Industries, Inc.

Notary Public ______________________________

My Commission Expires:_____________________________

[S E A L]

EXHIBIT AGOFF INDUSTRIAL PARKPROPOSED LOT LAYOUTCITY OF ARKANSAS CITY, COWLEY COUNTY, KANSAS

SMITH & OAKES, INC.CIVIL ENGINEERING / LAND SURVEYINGP.O. Box 696 / 107 North Summit / Arkansas City, KS 67005620-442-4756 / FAX 620-442-0461 / [email protected]

DATE: 03/07/2017 PROJ. #: 36-057 SHEET: 1 OF 1 DRAWN BY: DEP

1/2" 1"0"

0 500

LOT 1

BLOCK 1

20.8 ACRES ±

LOT 2

BLOCK 1

26.6 ACRES ±

LOT 5

BLOCK 1

15.1 ACRES ±

LOT 3

BLK 1

3.7

ACRES

±

LOT 4

BLOCK 1

6.3

ACRES ±

DRAINAGE

RESERVE

4.7 ACRES ±

LOT 3

BLOCK 2

5.5

ACRES ±

LOT 1

BLOCK 2

4.2

ACRES ±

LOT 2

BLOCK 2

9.1

ACRES ±

GOFF INDUSTRIAL PARK RD.

N. 8T

H S

T.

SKYLINE RD.

SKYLINE RD.

6

1

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.

61S

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F

LEGEND:

ANNEXED - INTO

LAND TO

ARKANSAS CITY

LAND TO BE

COWLEY COUNTY

REMAIN IN





Title: Consider a Resolution amending the procedure for expiration of and appointment to City advisory board terms. (Voice Vote) Description: The members of six (6) different City advisory boards — the Arkansas City Public Library Board of Trustees, Building Trades Advisory Board, Northwest Community Center Advisory Board, Outstanding Young Student Award Committee, Planning Commission/Board of Zoning Appeals and South Central Kansas Medical Center Board of Trustees — have terms that expire in April or at the beginning of May. Traditionally, this likely was done because City Commission elections were held at the beginning of April and the new commissioners were sworn in at the second meeting in April. This term schedule allowed the new Mayor to make several new advisory board appointments immediately after being elected. Now that local elections have been moved to the fall of odd-numbered years and new commissioners will not be sworn in until the second Monday in January of even-numbered years, staff proposes to amend current terms so that they will not expire until after the second Monday in January. This would preserve the intent of allowing the new Mayor to make appointments to these boards. If this resolution is approved, the terms in question would be shortened by 2-3 months to February 1 of the same year they were set to expire. Otherwise, terms would have to be extended by 8-9 months. The terms of three (3) other boards — the Beautification and Tree Advisory Board, Convention and Visitors Bureau Board of Directors, and Equal Opportunity and Accessibility Advisory Board — currently expire on January 1 of each year, so those appointments would be among the last acts of an outgoing Mayor, unless the City Commission directs staff otherwise by amending this proposed resolution. Commission Options: 1. Approve the Resolution. 2. Disapprove the Resolution. 3. Table the Resolution for further discussion.

Fiscal Impact:

Amount: N/A Fund: Department: Expense Code:


City Manager


A RESOLUTION AMENDING THE PROCEDURE FOR EXPIRATION OF AND APPOINTMENT TO ADVISORY BOARD TERMS FOR THE CITY OF ARKANSAS CITY, KANSAS. WHEREAS, the City of Arkansas City, Kansas, has several advisory boards with terms that expire in April or May of a given year; and WHEREAS, this likely was due to City elections and the swearing in of new commissioners occurring in April, thus allowing a new Mayor to make several new advisory board appointments immediately after being elected; and WHEREAS, the Kansas Legislature in 2015 adopted L. 2015, Chapter 88, Section 71, regarding the commission-manager form of government and moving City elections to November; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, on June 21, 2016, adopted Charter Ordinance No. 29, extending the current terms of commissioners to the second Monday of the even-numbered year following the year their terms originally were set to expire; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, desires similarly to adjust the expiration of terms on any City advisory boards that would have ended in April or May of a given year so that they instead expire subsequent to the second Monday in January of that same given year. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby establishes that any City advisory board terms that currently are set to expire in April or May of a given year instead will expire February 1 of that same given year, unless otherwise prohibited by Arkansas City Municipal Code and/or Charter Ordinance. In such instance, City staff shall work toward an amendment of said Municipal Code and/or Charter Ordinance in order to effect the changes dictated by this Resolution as soon as feasible. SECTION TWO: The Governing Body of the City of Arkansas City 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 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, until all such terms expiring in April or May of a given year have been adjusted appropriately to end on February 1 of that same given year. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas, on this 21st day of March, 2017.

(Seal)

Duane L. Oestmann, 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. 2017-03-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on March 21, 2017, as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk





Title: Consider ratifying Mayor Duane Oestmann’s appointment to the South Central Kansas Medical Center Board of Trustees. (Voice Vote) Description: JoLynn Foster currently serves as treasurer for the South Central Kansas Medical Center (SCKMC) Board of Trustees. Foster’s current term expires April 1, 2017. She is interested in reappointment to a second four-year term, which would end April 1, 2021. The Board of Trustees recommends her reappointment. However, the Mayor and City Commission are not obligated to reappoint board members. There remain a number of individuals who expressed interest last year in being appointed to the Board of Trustees. Two of them, Michael Bergagnini and Derek Koller, live outside of the city limits and would expand representation on the board to other portions of SCKMC’s service area. The City Commission previously has discussed the possibility of appointing more rural and Winfield residents to the Board of Trustees. Bergagnini is the mayor of Parkerfield, while Koller is a Winfield resident who serves on that city’s Board of Zoning Appeals and also owns a downtown Arkansas City business, Land Rush Antique Mall. Commission Options: 1. Ratify Mayor Oestmann’s appointment to the SCKMC Board of Trustees. 2. Table the appointment for further discussion. Fiscal Impact: Amount: N/A Fund: Department: Expense Code:


City Manager

Board Vacancies as of March 16, 2017

Board/Commission/Committee/Council Board Recommendations Applications Received /

Interest Expressed

Cowley County Council on Aging ― 1 Vacancy Accepting applications

Equal Opportunity and Accessibility Advisory

Board ― 1 Vacancy

Joaquin Retana, Daniel

Yocum

South Central Kansas Medical Center Board of

Trustees

JoLynn Foster Michael Bergagnini,

Derek Koller

* Mayor’s Recommendation

Potential Upcoming Reappointments

Board/Commission/Committee/Council Member(s) / Term Expiration Date Notes

South Central Kansas Medical Center

Board of Trustees JoLynn Foster / April 1, 2017 Serves as treasurer

Arkansas City Public Library Board of

Trustees

Kayleigh Lawson / April 30, 2017 Serves as vice chair

Blanche Schmidt / April 30, 2017 Serves as chair

Building Trades Advisory Board

Carl Bowman / May 1, 2017 Master Plumber

Brian Mayfield / May 1, 2017 Master Electrician

Ken Miller / May 1, 2017 Master Mechanical

Leonard Mumford / May 1, 2017 General Contractor

Northwest Community Center Advisory

Board

Ray Berry, Tyler Henderson / May 1,

2017

Outstanding Young Student Award

Committee

Tasha Bucher, Toni Greene / May 1,

2017 Bucher serves as chair

Planning Commission / Board of Zoning

Appeals Gordon Fry, Carl Mills / May 1, 2017

Members from inside

city limits

Planning Commission Brian Wells / May 1, 2017

Member from 3-mile

growth area outside

city limits

Arkansas City Recreation Commission Mike Dobson, Ron Smith / June 1,

2017

Only 2 City repre-

sentatives on ACRC

Public Building Commission Chris Tackett, Shandon Weston /

June 1, 2017

Historic Preservation Board Kevin Cox / September 1, 2017 Serves as chair

J.W. Lozano / September 1, 2017 Serves as vice chair

Applications Received / No Current Vacancies

Name Interest in serving on:

Michael Bergagnini South Central Kansas Medical Center Board of Trustees

Michelle Dykes Arkansas City Recreation Commission

Dale Eggen Planning Commission / Board of Zoning Appeals

Dr. Mauricio Herrera South Central Kansas Medical Center Board of Trustees

Ted Kadau Building Trades Advisory Board

Planning Commission / Board of Zoning Appeals

Derek Koller South Central Kansas Medical Center Board of Trustees

Mell Kuhn Planning Commission / Board of Zoning Appeals

South Central Kansas Medical Center Board of Trustees

Sue Lancaster Planning Commission / Board of Zoning Appeals

Bob Mathews Planning Commission / Board of Zoning Appeals

Harvey Owens Planning Commission / Board of Zoning Appeals

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

Chris Tackett Planning Commission / Board of Zoning Appeals

Michael Taylor Building Trades Advisory Board

Jill Wineinger Planning Commission / Board of Zoning Appeals

Fund

1/1/2017

Beginning Cash

Balance Receipts Disbursements

02/28/2017

Ending Cash

Balance Budget Encumbrances

Budget Variance

Favorable

(Unfavorable)

%

Remaining

(83%)

01 - GENERAL FUND 643,063$ 2,488,252$ 1,286,471$ 1,844,845$ 9,505,246$ 79,001$ 8,139,775$ 86%

15 - STORMWATER FUND 423,303$ 57,419$ 33,833$ 446,889$ 326,294$ -$ 292,461$ 90%

16 - WATER FUND 2,137,111$ 3,810,098$ 2,174,679$ 3,772,530$ 15,616,661$ 326,865$ 13,115,117$ 84%

18 - SEWER FUND 3,097,071$ 328,507$ 137,381$ 3,288,198$ 2,275,855$ 21,574$ 2,116,900$ 93%

19 - SANITATION FUND 927,663$ 249,838$ 161,524$ 1,015,976$ 1,783,990$ 350,142$ 1,272,324$ 71%

20 - SPECIAL RECREATION FUND 28,478$ -$ -$ 28,478$ 14,130$ -$ 14,130$ 100%

21 - SPECIAL STREET FUND 783,225$ 81,922$ 22,806$ 842,340$ 1,170,605$ -$ 1,147,799$ 98%

23 - TOURISM/CONVENTION FUND 43,864$ 28,866$ 28,866$ 43,864$ 143,500$ -$ 114,634$ 80%

26 - SPECIAL ALCOHOL FUND 61,172$ 18$ 1,104$ 60,086$ 20,000$ -$ 18,896$ 94%

27 - PUBLIC LIBRARY FUND -$ 174,012$ -$ 174,012$ 365,000$ -$ 365,000$ 100%

29 -SPECIAL LAW ENF TRUST FUND 9,208$ -$ -$ 9,208$

42 - HOSPITAL IMPROVEMENT FUND 459,939$ 439,130$ 650,000$ 249,069$ 2,734,685$ -$ 2,084,685$ 76%

43 - BOND & INTEREST FUND 94,807$ 515,890$ -$ 610,698$ 1,731,100$ -$ 1,731,100$ 100%

51 - DRUG TASK FORCE FUND 22,093$ 15,012$ 15,648$ 21,457$

53 - MUNICIPAL COURT FUND 9,893$ 1,231$ -$ 11,124$

54 - EQUIPMENT RESERVE FUND 225,648$ -$ -$ 225,648$

57 - CID SALES TAX FUND -$ 6,090$ 6,090$ -$ 40,000$ -$ 33,910$ 85%

58 - STREET IMPROVEMENT FUND 322,006$ 74$ 59,953$ 262,127$ 657,861$ -$ 597,908$ 91%

68 - CAPITAL IMPROVEMENT FUND 462,306$ 1,671,912$ 1,638,285$ 495,933$

TOTALS 9,750,851$ 9,868,272$ 6,216,640$ 13,402,483$ 36,384,927$

INDEBTEDNESS:

GO SERIES 2008A BONDS 605,000$

GO SERIES 2009A BONDS 685,000$

GO SERIES 2013A BONDS 4,215,000$

KDHE WATER LOAN 643,644$

2013 PUMPER FIRE TRUCK LEASE 366,959$

TOTAL 6,515,603$

Note: Information is Unaudited

Not a budgeted fund

Not a budgeted fund

Not a budgeted fund

Not a budgeted fund

Not a budgeted fund

CITY OF ARKANSAS CITY, KANSAS

FINANCIAL SUMMARY

Year-To-Date Ending February 28, 2017

Cash Summary Budget Summary

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