city of arkansas city board of city commissioners · chiefs of police silver award for life saving....

City of Arkansas City Board of City Commissioners

Agenda

Regular Meeting Tuesday, August 18, 2020 @ 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. Recognize ACPD Master Police Officer Cori Tuxhorn for receiving the Kansas Association of Chiefs of Police Silver Award for Life Saving.

III. Recognition of Visitors 1. Introduce and swear in new Arkansas City Police Officers Esther Law and Spencer Warren.

IV. Comments from the Audience for Items Not on the Agenda

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

V. Consent Agenda (Voice Vote)

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

1. Approve the August 4, 2020, regular meeting minutes as written. 2. A Resolution authorizing the City of Arkansas City to accept the proposal submitted by Ryan

Roofing, Inc., of Salina, KS, for repair to the elevator shaft, breezeway and break room roofs at City Hall, for an amount not to exceed $23,477.00.

VI. Old Business

1. Consider second reading of an Ordinance modifying Arkansas City Municipal Code Part II, Chapter 2, Article III, Division 3, to remove the Retired Citizens Advisory Council from Municipal Code, and Division 4, to amend the Equal Opportunity and Accessibility Advisory Board's purpose and duties. (Roll Call Vote)

VII. New Business

VIII. City Manager Updates 1. Annual levee inspection 2. Complete Count Committee meeting 3. City Commission study session

IX. Other Business

1. Reports: a. City Advisory Board Reports b. July Financial Summary

X. Adjournment

Item for City Commission Action Section II Item 1

Meeting Date 08/18/2020

Department/Division Police Department

Staff Contact Chief Dan Ward

Title: Recognize ACPD Master Police Officer Cori Tuxhorn for receiving the Kansas Association of Chiefs of Police Silver Award for Life Saving.

Description: Master Police Officer Cori Tuxhorn saved the life of an infant who was not breathing on January 31, 2019. She was nominated for the life savings award through the Kansas Association of Chiefs of Police and they selected her for the award. Typically the awards banquet is held in Wichita but due to Covid concerns, it was canceled. We are here tonight to recognize MPO Tuxhorn for receiving this State level recognition.

Commission Options: N/A

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

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

Randy Frazer, City Manager

Item for City Commission Action Section III Item 1


Department/Division Police Department

Staff Contact Chief Dan Ward

Title: Recognition of Visitors Item: Introduce and swear in new Arkansas City Police Officers Esther Law and Spencer Warren. Description: Esther Law and Spencer Warren are the Arkansas City Police Department’s two newest police recruits and they will take their Oaths of Office publicly tonight in front of the City Commission. Commission Options: 1. Introduce Officers Esther Law and Spencer Warren, and swear then in with Oaths of Office. Approved for Agenda by:


Item for City Commission Action Section V Item 1


Department/Division City Manager

Staff Contact Andrew Lawson

Title: Consent Agenda Item: Approve the August 4 2020, 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 Commission of Arkansas City – Regular Meeting Minutes

August 4, 2020 Page 1

The Arkansas City Board of City Commissioners met in regular session at 5:30 p.m. Tuesday, August 4, 2020, in the Commission Room at City Hall, located at 118 W. Central Ave. in Ark City. Mayor Karen Welch called the meeting to order. Commissioners also present at roll call were Commissioners Kanyon Gingher, Duane L. Oestmann, Scott Rogers and Jay Warren. City employees present were City Manager Randy Frazer, City Attorney Larry Schwartz, City Clerk Lesley Shook, Public Information Officer Andrew Lawson, Management Assistant Mike Crandall, Finance Director Kathy Cornwell, Environmental Services Superintendent Rod Philo, Public Services Superintendent Tony Tapia and Building Official Mike Bellis. Arkansas City Police Department personnel in attendance were Police Chief Dan Ward, Capt. Jim Holloway, Lt. Jason Legleiter, Sgt. Wade Hammond and Administrative Assistant Jeni McGee. AAA Kansas was represented by Shawn Stewart. The Kansas Department of Transportation (KDOT) was represented by Traffic Safety Law Enforcement Liaison Troy Wells. Citizens in attendance included Ken Harader, Thomas Langer, Rudy Steiner and Cowley CourierTraveler reporter John Shelman. Commissioner Warren offered the opening prayer. Mayor Welch led the Pledge of Allegiance. Agenda Approval At City Manager Frazer’s request, Mayor Welch made a motion to amend the agenda by adding Thomas Langer under Recognition of Visitors and an ordinance granting a natural gas franchise to Kansas Gas Service as Item 5 of New Business. Commissioner Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Welch declared the agenda amended as stated. Commissioner Warren then made a motion to approve the agenda as amended. Commissioner Rogers seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Welch declared the agenda approved as amended. Awards and Proclamations AAA Kansas’ Shawn Stewart presented the 2019 AAA Traffic Safety Platinum Award to Police Chief Ward and ACPD Capt. Jim Holloway on behalf of the Arkansas City Police Department. It is the ninth consecutive year in which ACPD has received an AAA Traffic Safety Award. This also is ACPD’s fourth consecutive Platinum Award, the highest such award that AAA offers.



Stewart acknowledged ACPD’s efforts regarding the annual bicycle rodeo, Cowley County Health and Safety Fair, DARE Camp, educational pamphlets, safety tips on Facebook, rollover crash demonstrations, seat belt and other special traffic enforcement efforts, and bicycle patrol. ACPD is in its 10th year of the Seatbelts Are For Everyone campaign and all of its officers are required to wear seat belts. Ward said the Traffic Safety Committee is a huge part of this award. Recognition of Visitors Public Health Officer Thomas Langer, director of the City-Cowley County Health Department, provided the commissioners with an update regarding the progression of the novel coronavirus (COVID-19) pandemic in Arkansas City specifically, as well as Cowley County as a whole. Langer said of 160 total cases, 24 are considered active and 120 were from the Ark City ZIP code. Consent Agenda Commissioner Warren made a motion to approve the consent agenda, consisting of the following:

1. Approving the July 21, 2020, regular meeting minutes as written. Commissioner Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Welch declared the consent agenda approved as presented. Old Business

2021 City Budget Hearing Ordinance No. 2020-08-4512

Mayor Welch presented for discussion a public hearing to receive public comment regarding the proposed 2021 budget and the first reading of an ordinance adopting the budget for the City. Mayor Welch opened a public hearing on the 2020 budget. No one from the public spoke. Mayor Welch closed the public hearing. Commissioner Warren made a motion to approve the ordinance. Mayor Welch seconded the motion. A roll call vote resulted in four yea votes and one nay vote, with Commissioner Oestmann casting the lone dissenting vote. Mayor Welch declared the motion approved and given Ordinance No. 2020-08-4512. Commissioner Rogers requested to revisit the General Fund and external agencies in November.



Dangerous Structures Hearing Resolution No. 2020-08-3345

Mayor Welch presented for discussion a public hearing and a resolution declaring structures located at 415 E. Tyler Ave., 427 S. Sixth St., 609 S. Fifth St., and 1321 South B St. as unsafe and dangerous, and directing that said structures be repaired or otherwise made safe, or demolished. Building Official Bellis showed pictures of each structure and offered his professional testimony. Mayor Welch opened a public hearing on the four properties. No one from the public spoke. Mayor Welch closed the public hearing. Commissioner Oestmann made a motion to approve the resolution. Commissioner Warren seconded the motion. A voice vote was unanimous in favor. Mayor Welch declared the motion approved and given Resolution No. 2020-08-3345. New Business

Public Water System Costs Resolution No. 2020-08-3346

City Clerk Shook presented for discussion a resolution authorizing improvements to the City public water supply system and providing for the payment of the costs thereof. Finance Director Cornwell said this resolution simply “reauthorizes” already completed projects. Commissioner Warren made a motion to approve the resolution. Commissioner Rogers seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Welch declared the motion approved and given Resolution No. 2020-08-3346.

2020 G.O. Refunding Bonds Resolution No. 2020-08-3347

City Clerk Shook presented for discussion a resolution authorizing the offering for sale of General Obligation Refunding and Improvement Bonds, Series 2020, of the City of Arkansas City, Kansas. Commissioner Rogers said these bonds will net a savings of $2.1 million and pay off debts earlier. Commissioner Rogers made a motion to approve the resolution. Commissioner Gingher seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Welch declared the motion approved and given Resolution No. 2020-08-3347.



Piper Leigh Benefit Alcohol Ordinance No. 2020-08-4513

City Clerk Shook presented for discussion a first reading of an ordinance exempting the application of K.S.A. 41-719(d) to allow the sale and consumption of alcoholic liquor at a designated area of Wilson Park during the Piper Leigh Benefit from 5 to 9 p.m. August 8, 2020. Commissioner Rogers made a motion to approve the ordinance. Commissioner Oestmann seconded the motion. A roll call vote was unanimous in favor of the motion. Mayor Welch declared the motion approved and given Ordinance No. 2020-08-4513.

Retired Citizens Advisory Council City Clerk Shook presented for discussion a first reading of an ordinance modifying Arkansas City Municipal Code Part II, Chapter 2, Article III, Division 1, to amend general provisions for City boards, commissions, committees, councils and task forces; Division 3, to remove the Retired Citizens Advisory Council from Municipal Code; and Division 4, to amend the Equal Opportunity and Accessibility Advisory Board’s purpose and duties. Public Information Officer Lawson requested that the ordinance be tabled so it can be amended. Commissioner Warren made a motion to table the ordinance for a second reading August 18. Commissioner Rogers seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Welch declared the motion approved and the ordinance tabled.

Kansas Gas Service Franchise Ordinance No. 2020-08-4514

City Clerk Shook presented for discussion a first reading of an ordinance granting to Kansas Gas Service, a Division of ONE Gas, Inc., and its successors and assigns, a natural gas franchise, prescribing a franchise fee, providing terms and conditions for the use of public rights-of-way, requiring advance notice of work and duty to repair, providing for indemnification and a hold harmless agreement, providing for rules and regulations, prescribing insurance requirements, reserving certain rights, providing for revocation and termination, providing for an acceptance of the terms of the franchise, providing for a reopener, providing for notice of annexations, prescribing relevant governing law, providing for transfer and assignment of the franchise, providing for points of contact and notifications, providing for an agreement to renegotiate, and repealing all ordinances or parts of ordinances inconsistent with or in conflict with the terms hereof.



City Manager Frazer said this ordinance effectively would repeal Ordinance No. 2020-05-4509 and fix an unintended impact on industrial customers’ rates, which was a Kansas Gas Service error. Frazer said the 20-year agreement still includes a provision that would let the City Commission choose to opt out of the agreement and renegotiate the fee percentage after five years have passed. Commissioner Gingher made a motion to approve the ordinance. Commissioner Rogers seconded the motion. A roll call vote was unanimous in favor of the motion. Mayor Welch declared the motion approved and given Ordinance No. 2020-08-4514. City Manager Updates City Manager Frazer provided the commissioners with the following reminders and updates:

• The next meeting of the Arkansas City Area Complete Count Committee will be at noon August 6 in the conference room at the Water Treatment Facility, 400 W. Madison Ave.

• The Mike Cox Memorial Golf Tournament will be held from 9 a.m. to noon August 8 at Spring Hill Golf Course, 3202 N. Summit St. (The late Cox was a former city clerk/treasurer.)

• The Arkansas City Police Department will be host to “Pop in the Park” from 2 to 4 p.m. August 8 at Wilson Park, located at 701 N. Summit St. Come enjoy a free cold soda!

• The next monthly Cowley County Legislative Committee meeting will be at noon August 11 at the Winfield Area Chamber of Commerce office, located at 321 E. Ninth Ave.

• The City plans to offer a free KOMA/KORA training for municipal officials from 8:30 a.m. to noon August 13 at the Water Treatment Facility, located at 400 W. Madison Ave.

• The next City Commission study session is at noon August 14 in the city manager’s office. • A rescheduled and restructured Arkansas City Relay for Life will take place from 7 to 9:30

p.m. August 15 at Wilson Park, located at 701 N. Summit St. Luminaries will be placed around the vacant north (hospital) lot and participants will be asked to drive around the lot.

• The next RISE Cowley health coalition meeting will be at 10 a.m. August 18 via Zoom. The coalition will be revising its bylaws and reorganizing in preparation for Pathways Phase 2.

Other Business Environmental Services Superintendent Philo said a pump assembly had failed on Well No. 9, but a repair is scheduled. He indicated it should be covered by a warranty on the 2-year-old pump. City Manager Frazer raised the need to address mixed-use zoning and development, especially in the North First Street corridor, after Ken Harader raised numerous concerns to him and Principal Planner Josh White. Frazer said he thinks this is best done carefully, in the Comprehensive Plan.



Adjournment Commissioner Warren made a motion to adjourn the meeting. Commissioner Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Welch declared the meeting adjourned at 6:52 p.m. THE CITY OF ARKANSAS CITY BOARD OF CITY COMMISSIONERS ____________________________ Karen Welch, Mayor ATTEST: ____________________________ Lesley Shook, City Clerk Prepared by: _____________________________________ Andrew Lawson, Public Information Officer

Item for City Commission Action Section V Item 2


Department/Division Public Services Department

Staff Contact Tony Tapia Public Services Superintendent

Title:

Consent Agenda Item: A Resolution authorizing the City of Arkansas City to accept the proposal submitted by Ryan Roofing, Inc., of Salina, KS, for repair to the elevator shaft, breezeway, and break room roofs at city hall, for an amount not to exceed $23,477.00. Description: In 2009, the roof over the main part of City Hall was repaired and re-roofed. The portion over the elevator and the break room area was not done at that time. To properly plan for the replacement of the elevator at City Hall, the roof over that area needs to be repaired and completed. Ryan Roofing, Inc. repaired the roof in 2009 and for warranty purposes, city staff recommends Ryan Roofing, Inc. complete the roof instead of bidding out the project.

Commission Options:

The Commission has the following options: 1. Approve the resolution. 2. Request additional bids.

Staff recommendation: 1

Fiscal Impact:

Amount: $23,477.00 Fund: 01 – General Department: 530 - Facilities Expense Code: 7204 – Building Maintenance

Included in budget Grant Bonds Other (explain)

Approved for Agenda by:

City Manager

RESOLUTION NO. 2020-08____ A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO ACCEPT THE PROPOSAL SUBMITTED BY RYAN ROOFING, INC., OF SALINA, KS, FOR REPAIRS TO THE ELEVATOR SHAFT, BREEZEWAY, AND BREAK ROOM ROOFS AT CITY HALL, FOR AN AMOUNT NOT TO EXCEED $23,477.00. WHEREAS, the elevator shaft, breezeway, and break room roofs at City hall are in need of repair; WHEREAS, Ryan Roofing, Inc. repaired the roof in 2009 and for warranty purposes, city staff recommends Ryan Roofing, Inc. complete the roof repairs. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the City of Arkansas City, Kansas, to accept the proposal submitted by Ryan Roofing, Inc., of Salina, KS, for repairs to the elevator shaft, breezeway, and break room roofs at city hall, for an amount not to exceed $23,477.00. 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 18th day of August, 2020. (Seal) _____________________________________ Karen Welch, Mayor ATTEST: __________________________________ Lesley Shook, City Clerk APPROVED AS TO FORM: __________________________________ Larry R. Schwartz, City Attorney

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2020-08-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on August 18, 2020 as the same appears of record in my office. DATED: _____________________. _____________________________________ Lesley Shook, City Clerk

Item for City Commission Action Section VI Item 1


Department/Division City Manager / City Attorney

Staff Contacts Andrew Lawson / Larry Schwartz

Title: An Ordinance modifying Arkansas City Municipal Code Part II, Chapter 2, Article III, Division 3, to remove the Retired Citizens Advisory Council from Municipal Code, and Division 4, to amend the Equal Opportunity and Accessibility Advisory Board's purpose and duties. (Roll Call Vote) Description: The City Commission on June 6, 2016, approved Ordinance No. 2016-06-4409, combining the Human Relations Commission and the Accessibility Advisory Board into the Equal Opportunity and Accessibility Advisory Board, and then on December 19, 2017, approved Ordinance No. 2017-12-4449, further amending the Equal Opportunity and Accessibility Advisory Board’s purpose and duties. City staff have determined that the Retired Citizens Advisory Council no longer serves the purpose or executes the duties laid out for it in Municipal Code Part II, Chapter 2, Article III, Division 3, and thus recommends that the Council be eliminated from Municipal Code, which would allow it to continue as an informal citizen advisory committee for the Arkansas City Senior Citizens Center without the undue and unnecessary burdens of recording minutes, reporting attendance, enforcing terms, and complying with the Kansas Open Meetings Act (KOMA), freeing up staff time for the Director of Senior Services. The Equal Opportunity and Accessibility Advisory Board held a special meeting on July 30, 2020, and voted unanimously to take over the duties of the Council, many of which are duplicative of its bylaws. This Ordinance, if ratified, would make the following changes to Arkansas City Municipal Code:

1. Continued cleanup of duplicative provisions regarding boards, continuing current practice; 2. Elimination of the Retired Citizens Advisory Council from Municipal Code; and 3. Transfer of the Council’s duties to the Equal Opportunity and Accessibility Advisory Board.

Commission Options: 1. Approve the Ordinance on second reading. 2. Table the Ordinance for third reading Sept. 1. 3. Disapprove the Ordinance. Fiscal Impact:

Amount: Cost of publication

Included in budget Grant Bonds Other (explain)

Approved for Agenda by:


ORDINANCE NO. 2020-08-____ AN ORDINANCE MODIFYING ARKANSAS CITY MUNICIPAL CODE PART II, CHAPTER 2, ARTICLE III, DIVISION 3, TO REMOVE THE RETIRED CITIZENS ADVISORY COUNCIL FROM MUNICIPAL CODE, AND DIVISION 4, TO AMEND THE EQUAL OPPORTUNITY AND ACCESSIBILITY ADVISORY BOARD’S PURPOSE AND DUTIES. WHEREAS, the Governing Body of the City of Arkansas City, Kansas, on June 6, 2016, approved Ordinance No. 2016-06-4409, combining the Human Relations Commission and the Accessibility Advisory Board into the Equal Opportunity and Accessibility Advisory Board, and amending Municipal Code to so reflect; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, on December 19, 2017, approved Ordinance No. 2017-12-4449, amending the Equal Opportunity and Accessibility Advisory Board’s purpose and duties; and WHEREAS, City staff have established that the Retired Citizens Advisory Council no longer serves the purpose or executes the duties laid out for it in Municipal Code Part II, Chapter 2, Article III, Division 3, and thus recommends that the Council be eliminated from Municipal Code, allowing it to continue as an informal citizen advisory committee for the Arkansas City Senior Citizens Center without the undue and unnecessary burdens of recording minutes, reporting attendance, enforcing terms, and complying with the Kansas Open Meetings Act, which will free up City staff time; and WHEREAS, the Equal Opportunity and Accessibility Advisory Board has, over the past three years, continued to review its purpose and duties regularly as set forth in Arkansas City Municipal Code Part II, Chapter 2, Article III, Division 4, and now desires to recommend further amendments to said purpose and duties after diligent and thorough discussion; and WHEREAS, the Equal Opportunity and Accessibility Advisory Board held a special meeting on July 30, 2020, and voted unanimously to take over the duties of the Retired Citizens Advisory Council, many of which are duplicative in code; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, wishes to continue eliminating duplicative provisions of Municipal Code and thus desires to amend Municipal Code to reflect all of the changes as stated above. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: DELETION OF MUNICIPAL CODE PART II, CHAPTER 2, ARTICLE III, DIVISION 3. The Governing Body of the City of Arkansas City, Kansas, hereby amends Part II, Chapter 2, Article III, Division 3 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through, new provisions in italics):

DIVISION 3. - RETIRED CITIZENS ADVISORY COUNCIL RESERVED Sec. 2-109. - Creation and membership.

The retired citizens advisory council shall consist of seven members. Members shall be drawn from diverse segments of the community, and selected for their objectivity, ability, and broad community interest regarding the retired and senior citizens of the city. Sec. 2-110. - Duties.

The citizens retirement advisory council shall meet as often as required, in the chairperson’s discretion, to perform the following duties:

(1) Serve as liaison between the retired and senior citizens of the city and the board of city commissioners;

(2) Act as an agency with the responsibility of analyzing the nature and scope of

community problems in the general area of economic, recreational, educational, nutritional, transportation, and housing needs of the retired and senior citizens of the community;

(3) Present the needs of the retired and senior citizens to the appropriate elected

or appointed officials, or to the appropriate civic or business groups and to ask that these needs be examined and corrective action taken;

(4) Enlist and encourage the resources of government, individuals and groups

toward the improvement of the living standards of the retired and senior citizens; and

(5) Encourage community support and understanding by the general public of the

council’s concerns for the community’s retired and senior citizens, and, where appropriate, encourage local, state or federal legislation to improve the general welfare of the retired and senior citizens.

Secs. 2-109111—2-133. - Reserved.

SECTION TWO: AMENDMENT TO MUNICIPAL CODE PART II, CHAPTER 2, ARTICLE III, DIVISION 4. The Governing Body of the City of Arkansas City, Kansas, hereby amends Part II, Chapter 2, Article III, Division 4 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through, new provisions in italics):

DIVISION 4. - EQUAL OPPORTUNITY AND ACCESSIBILITY ADVISORY BOARD Sec. 2-134. - Creation and membership.

(a) The equal opportunity and accessibility advisory board shall consist of no less than five and no more than seven voting members. Members shall serve terms of three years.

(b) The members of the equal opportunity and accessibility advisory board shall be

drawn from diverse segments of the public community, and selected for their objectivity, ability and broad community interest. Membership shall at all times include no less than two members with a disability, or who are relatives or primary caretakers of persons with disabilities. Those with experience in

working with the disabled or with expertise in accessibility issues will be given preference for appointment.

(c) Membership shall at all times include no fewer than two members with a

disability, or who are relatives or primary caretakers of persons with disabilities. Those with experience in working with the disabled or with expertise in accessibility issues shall be given preference for appointment.

(d) Membership shall at all times include no fewer than two members who are at

least 60 years of age. Those with experience in working with the retired and senior citizens of the city shall be given preference for appointment.

Sec. 2-135. - Duties of chairperson.

In addition to general duties, the The chairperson, or the vice chairperson in the absence of the chairperson, is responsible for the appointment of appropriate committees, and the preparation of an annual report to be presented to the board of city commissioners regarding the activities and concerns of the board. The board of city commissioners may elect to accept the monthly minutes of the board as a substitute for such an annual report. Sec. 2-136. - Purpose and duties.

The equal opportunity and accessibility advisory board shall ensure the benefits of the Americans with Disabilities Act and Title VI of the Civil Rights Act to citizens of the city. It also shall serve as a liaison between the retired or senior citizens of the city and the board of city commissioners. The board shall act in an advisory capacity as a clearinghouse for community concerns as outlined in this division and its duties shall be to:

(a) To help to preserve and further the good name of the city by fostering and promoting amicable relations among individual citizens and various groups of citizens in the city and its environs;

(b) To help to ensure that each citizen, regardless of race, religion, color, age, sex,

disability, language proficiency, or national origin or any other protected class, has an opportunity to develop according to his or her abilities without limitations;

(c) To act as an agency with the responsibility of analyzing the depth and scope of

community problems or needs in the general areas of community involvement and communications, accessibility, education, economic opportunity, recreation, racial inequality, transportation, housing needs, and concerns of the youth and retired or senior citizens of the community;

(d) To present such community problems or needs to the appropriate elected or

appointed officials, or the Kansas Human Rights Commission, or another appropriate local or state agency, civic group or business group, and ask that such problems or needs be examined and that the board be advised of any corrective actions taken;

(e) To enlist the resources of government, individuals, and groups toward the

improvement of intergroup relations and living standards, and encourage

community support and understanding by the general public of the board’s concerns;

(f) To support local, state or federal legislation, where appropriate, that is designed

to reduce or eliminate discriminatory practices and group or individual prejudices or improve the general welfare;

(g) To advise and make recommendations to the board of city commissioners on

such matters related to accessibility as, from time to time, may be referred to the board;

(h) To evaluate public projects and activities, review plans for city construction

projects with potential accessibility issues prior to implementation, and advise city staff on matters related to accessibility;

(i) To provide technical assistance to the city on matters related to the disabled

population and serve as an advocate for citizens with disabilities;

(j) To serve as a resource on policy and/or procedure for members of the board of city commissioners and for city staff;

(k) To review federal and state regulations and guidelines on accessibility, and to

report its findings to the appropriate city department, division or board; and

(l) To regularly review and revise the city’s American with Disabilities Act Transition Plan as needed, and make recommendations for its implementation.

Secs. 2-137—2-155. - Reserved.

SECTION THREE: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor and/or staff 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 FOUR: PUBLICATION; EFFECTIVE DATE. This ordinance, or a summary thereof, shall be published one time in the official City newspaper, and shall take effect and be in force from and after said publication. PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas, on this 18th day of August, 2020. (Seal) Karen Welch, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM:

Larry R. Schwartz, City Attorney

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Ordinance No. 2020-08-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on August 18, 2020, 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 Randy Frazer

Title: City Manager Updates Description:

1. The U.S. Army Corps of Engineers will be in town to perform an annual levee inspection from 9 a.m. to 2 p.m. Tuesday, August 25. Our crews are hard at work preparing for this annual visit!

2. The next meeting of the Arkansas City Area Complete Count Committee will be held at 10:30 a.m. Thursday, August 27 at USD 470’s Avery Learning Center, located at 2500 N. 15th St.

3. The next City Commission study session is at noon Friday, August 28 in the Commission Room. Approved for Agenda by:


Item for City Commission Action Section IX Item 1a



Staff Contact Andrew Lawson

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

• February 11 — Planning Commission / Board of Zoning Appeals • July 13 — Arkansas City Public Library Board of Trustees

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


Arkansas City Planning Commission City Hall Commission Room 118 W Central Ave Board of Zoning Appeals Call meeting to order on February 11, 2020 at 5:30 PM:

Prior to Roll call Principal Planner Josh White administered the oath of office for Lloyd Colston and Paisley Howerton.

Roll Call: Mary Benton Lloyd Colston Paisley Howerton Charles Jennings Andy Paton

Cody Richardson Dotty Smith

Staff present at roll call was Public Information Officer Andrew Lawson and Principal Planner Josh White.

Also present was City Commissioner Kanyon Gingher and citizen Ian Kuhn.

1. Declaration: Paton reported that he was affiliated with Arkansas City Industries but that would not affect his ability to come to a fair decision.

2. Public Comments: No members of the public brought any comments for items not on the agenda.

3. Select chair/vice-chair for 2020.

Benton made a motion to appoint Andy Paton as Chair. Smith seconded the motion. Voice vote carried the motion.

Paton made a motion to appoint Dotty Smith as Vice-Chair. Richardson seconded the motion. Voice vote carried the

motion.

4. Consent Agenda:

Colston made a motion to approve the December 10, 2019 meeting minutes as written. Smith seconded the motion.

Voice vote carried the motion.

5. Hold a public hearing to consider a request for a vacation of all of 8th Street north of Goff Industrial Park Road.

Smith made a motion to open the public hearing. The motion was seconded by Jennings. Voice vote carried the motion.

Paton turned the meeting over to White who made a brief presentation on the request. He indicated that adjacent

property owners had been notified. He indicated staff recommended approval of the vacation request subject to

retaining a utility easement which was requested by the Technical Advisory Committee. Smith asked who owned the

property in the area. White clarified the ownership of the area. After expressing his concerns about emergency access,

Colston made a motion to table the request for 30 days. The motion died for lack of a second. White attempted to

address some of the concerns. Ian Kuhn of Kuhn Mechanical, who has a working knowledge of the project, gave the

Planning Commission a brief overview of the planned expansions at the facility. He and White also talked about the

planned east access from 61st Road and the existing access along Goff Industrial Park Road. Smith asked Kuhn why he

thought the applicant wanted the street vacated. Kuhn replied it was likely for the construction process so that they

could block the road. Colston asked how they intended to restrict access the road once it was vacated. That

information was not known at this time. Colston asked when the construction would continue. White indicated staff

was still awaiting plans. Paton asked about the west lot, White indicated at this time the plan was to use that for

construction equipment. Smith asked if there were any negative impacts to vacating. Kuhn pointed out the existing

accesses. Paton noted that the applicant has a vested interest in keeping emergency access open due to a fire several

years ago. There were no representatives present from Creekstone Farms to address Planning Commissioners. Jennings

asked for clarification of the city boundary. White noted it was the west side of the 8th Street Right of way. He also

asked if this would cause any conflict with the Comprehensive Plan. White noted the future land use map showed the

use as agriculture but at the time the plan was written, the applicant’s future plans were not yet known. The new

Comprehensive Plan will likely designate this area as industrial as part of the expanding industrial park. Smith made a

motion to close the public hearing. Benton seconded the motion. Paton declared the public hearing closed. Jennings

made a motion to recommend approval of a vacation request to the City Commission of all of 8th Street north of Goff

Arkansas City Planning Commission City Hall Commission Room 118 W Central Ave Board of Zoning Appeals Industrial Park Road reserving an emergency access and utility easement over the entire area to be vacated. The motion

was seconded by Benton. The vote was taken by roll call.

Yes: Benton, Colston, Howerton, Jennings, Paton, Richardson, Smith No: None

Paton declared the motion passed.

6. Make a recommendation to the City Commission for a representative to the Historic Preservation Board.

Smith made a motion to recommend to the City Commission that Charles Jennings be appointed as the Planning

Commission representative to the Historic Preservation Board. The motion was seconded by Benton. Voice vote carried

the motion.

7. Make a recommendation to the City Commission for a representative to the Capital Improvement Plan Committee.

Lawson stated that both Smith and Colston had expressed interest. He noted that the intent was to rotate Planning

Commissioners. Smith made a motion to recommend to the City Commission that Lloyd Colston be appointed as the

Planning Commission representative to the Capital Improvement Committee. The motion was seconded by Howerton.

Voice vote carried the motion. Jennings asked if somebody could sit in if the representative was not able to attend.

Lawson said the preference was for the same person to attend all meetings but they could work it out. Smith later also

indicated she was interested in serving if needed.

8. Recess the Planning Commission and Convene the Board of Zoning Appeals (Growth Area members should step down)

Colston made a motion to recess the Planning Commission and convene the Board of Zoning Appeals. The motion was seconded by

Smith. Voice vote carried the motion. Paton turned the meeting over to Benton. Benton opened the meeting of the Board of

Zoning Appeals

9. Select a chair/vice chair for 2020.

Benton made a motion to appoint Charles Jennings as Chair. The motion was seconded by Paton. Voice vote carried the

motion. Jennings took over the meeting. Jennings thanked Benton for her years of service as Chair of the Board of

Zoning Appeals. Paton made a motion to appoint Dotty Smith as Vice-chair. Richardson seconded the motion. Voice

vote carried the motion.

10. Adjourn the Board of Zoning Appeals Sine Die and reconvene the Planning Commission (Growth Area members may return). Smith made a motion to adjourn the Board of Zoning Appeals Sine Die and reconvene the Planning Commission. Colston seconded the motion. Voice vote carried the motion.

11. Other Items:

White gave a brief update on the recent legislation moving through the Kansas House and Senate regarding unilateral

annexation and extraterritorial jurisdiction. White then asked if there was an interest in changing the meeting date and

time. Smith asked what the conflict was. Colston mentioned that the current meeting date and time was a conflict. He

suggested meeting earlier in the day. Howerton also mentioned that Tuesdays in the summer would be a conflict. After

brief discussion, it was determined that no action be taken at this time. This topic could be discussed again when the

board is completely full to gain consensus. Lawson later indicated he could send out a poll to help coordinate this to

give everyone more time to think about any conflicts. White indicated that a March meeting was not planned at this

time.

12. Adjournment:

Smith mad a motion to adjourn the meeting. Colston seconded the motion. Meeting adjourned.

MINUTES

Arkansas City Public Library Board of Trustees Special Meeting via Zoom – July 13, 2020

The Board of Trustees of the Arkansas City Public Library, pursuant to official notification, met Monday,

July 13, 2020 at 7:00 p.m. via Zoom & in-person @ Library. MEMBERS PRESENT: ☒ Duane Oestmann, City Commissioner, ex-officio ☒ Shawna Allison, Secretary ☒ Lloyd Colston

☒ Mitch Reichle, Treasurer ☒ Kayleigh Lawson, President ☒ Gia Watson

STAFF PRESENT: Mendy Pfannenstiel, Library Director OTHERS PRESENT: Lawson called the meeting to order at 7:00 p.m. Motion by Colston to approve the June meeting minutes. Second by Reichle. Approved unanimously. The June financials were not yet available, and the Treasurer’s report had to be tabled for next month. Pfannenstiel provided a Director’s report to the Board. Motion by Colston to approve making minor changes to the reopening plan and to move forward into Phase 3, which will allow for patrons to use computers by appointment-only. Second by Reichle. Approved unanimously. Motion by Reichle to adjourn the meeting. Second by Colston. Approved unanimously. With there being no further business, the meeting concluded at 7:36 p.m.

Director’s Report

Personnel:

• One of our library clerks that was expected to resign in August will be remaining with us for the rest of the year. Yay! Facilities & Grounds:

• Maintenance continues. Last week, Waldorf-Riley serviced our units and our fire extinguishers were also inspected. The City mowed and weed-eated.

Budget/Finance: • Nothing new to report.

Collection:

• Nothing new to report. Special Projects / Grants:

• Applications for CARES funding were submitted. Technology:

• Nothing new to report. Programming:

• Nothing new to report.

Public Relations: • Facebook: 1,697 Page Likes; 314 Page Views; 3,847 Post Reach; 795 Post Engagements • Website: Updates to our reopening plans can be found at: https://arkcity.scklslibrary.info/covid-19/ • Marketing: Several Facebook boosts • Kansas Health Foundation: partnership for #ReadWithThem campaign

SCKLS/SCKAN/State Library: • Nothing new to report.

Gifts, Memorials, and Other:

• Nothing new to report. Submitted by: Mendy Pfannenstiel, Director August, 2020

https://arkcity.scklslibrary.info/covid-19/

Fund

1/1/2020

Beginning Cash

Balance

Prior Year

Adjustments Receipts Disbursements

07/31/2020

Ending Cash

Balance Budget Encumbrances

Budget Variance

Favorable (Unfavorable) % Remaining (42%)

01 - GENERAL FUND 1,331,799.91$ -$ 7,740,106.26$ 5,719,820.09$ 3,352,086.08$ 10,421,915$ -$ 4,702,095$ 45%

15 - STORMWATER FUND 150,337.65$ -$ 180,305.91$ 107,497.16$ 223,146.40$ 272,721$ -$ 165,224$ 61%

16 - WATER FUND 4,355,051.08$ -$ 2,940,854.16$ 3,698,951.37$ 3,596,953.87$ 5,188,918$ 451,483.61$ 1,038,483$ 20%

18 - SEWER FUND 4,185,921.08$ -$ 1,248,810.09$ 1,411,018.64$ 4,023,712.53$ 14,216,503$ 6,440.00$ 12,799,044$ 90%

19 - SANITATION FUND 1,154,178.89$ -$ 977,657.26$ 1,172,426.10$ 959,410.05$ 1,607,696$ -$ 435,270$ 27%

20 - SPECIAL RECREATION FUND 30,340.56$ -$ 6,559.90$ 4,819.03$ 32,081.43$ 27,632$ -$ 22,813$ 83%

21 - SPECIAL STREET FUND 684,792.07$ -$ 257,474.36$ 149,806.13$ 792,460.30$ 738,900$ -$ 589,094$ 80%

23 - TOURISM/CONVENTION FUND 28,106.81$ -$ 81,162.92$ 81,162.92$ 28,106.81$ 158,729$ -$ 77,566$ 49%

26 - SPECIAL ALCOHOL FUND 84,816.06$ -$ 7,809.90$ 2,014.29$ 90,611.67$ 70,000$ -$ 67,986$ 97%

27 - PUBLIC LIBRARY FUND -$ -$ 322,049.19$ 322,049.19$ -$ 373,900$ -$ 51,851$ 14%

29 - SPECIAL LAW ENF TRUST FUND 15,733.39$ -$ 2,300.00$ 15,199.00$ 2,834.39$ Not a budgeted fund

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

43 - BOND & INTEREST FUND 129,680.93$ -$ 594,010.02$ 28,005.00$ 695,685.95$ 821,110$ -$ 793,105$ 97%

44 - HEALTHCARE SALES TAX FUND -$ -$ 1,020,019.44$ 1,020,019.44$ -$ 1,640,600$ -$ 620,581$ 38%

45 - UNPLEDGED HEALTHCARE SALES TAX FUND 79,090.53$ -$ 191,108.09$ 136,142.64$ 134,055.98$ 327,400$ -$ 191,257$ 58%

53 - MUNICIPAL COURT FUND 6,175.00$ -$ 13,273.25$ -$ 19,448.25$ Not a budgeted fund

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

57 - CID SALES TAX FUND 978.86$ -$ 28,860.59$ 29,839.45$ -$ 50,000$ -$ 20,161$ 40%

68 - CAPITAL IMPROVEMENT FUND 1,605,296.53$ -$ 344,537.63$ 240,142.00$ 1,709,692.16$ Not a budgeted fund 24,400$

TOTALS 14,043,245.37$ -$ 15,956,898.97$ 14,138,912.45$ 15,861,231.89$ 35,919,524$

INDEBTEDNESS:

GO SERIES 2013A BONDS 2,765,000$

KDHE WATER LOAN #2649 504,315$

KDHE WATER LOAN #2813 19,844,813$

2013 PUMPER FIRE TRUCK LEASE 160,423$

2019 FERRARA PUMPER TRUCK LEASE 504,746$

TOTAL 23,779,297$

Note: Information is Unaudited

CITY OF ARKANSAS CITY, KANSAS

FINANCIAL SUMMARY

Year-To-Date Ending July 31, 2020

Cash Summary Budget Summary

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