City of Arkansas City Board of City Commissioners Agenda

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1 City of Arkansas City Board of City Commissioners Agenda Regular Meeting Tuesday, October 7, 5:30 PM City Commission Room, City Building 118 W. Central 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) 5. Recognition of Visitors II. Awards and Proclamations III. Consent Agenda (Voice Vote) 1. Approval of September 16, 2014 regular meeting minutes as written. 2. Approve the purchase of a 2015 F150 Regular Cab Truck from Reedy Ford for the Parks Department. 3. Approve the purchase of a 2015 Ram 1500 Quad cab 4X2 pickup and a 2015 Durango SSV 4X2 from Zeller Motors for the Police Department. 4. Resolution authorizing Amendment No. 1 to the Property Purchase Agreement between the City of Arkansas City and Arkansas City Industries. IV. Old Business V. New Business 1. Consider Resolution authorizing the City to enter into an agreement with Blue Cross Blue Shield of Kansas for the 2015 employee health insurance renewal. (Voice Vote) 2. Consider Ordinance amending Arkansas City Municipal Code Section pertaining to the Building Trades Board. (Roll Call Vote) VI. Other Business VII. City Manager Updates 1. Accreditation Grant Application Adjourn Upcoming Worksession October 17, Fee Schedule

2 Date 10/07/2014 Item for City Commission Action Section III Item 1 Citizen/Agency Contact Department/Division Finance Department Staff Contact Lesley Shook, City Clerk Consent Agenda Item - Approval of minutes from September 16, 2014 regular Details meeting Minutes as written. Description Please see attached. Commission Options 1. Approve the minutes. Recommended by Staff 1 Advisory Board Fiscal Impact: Amount: N/A Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: SIGNATURE

3 Arkansas City Commission Meeting Minutes The Arkansas City Board of City Commissioners met in regular session on Tuesday September 16, 2014, at 5:30 p.m. in the Commission Chambers at City Hall. Those present at roll call were Commissioners Dan Jurkovich, Jean Snell, Charles Tweedy III, Jay Warren, and Mayor Chad Giles. Also present at roll call were City Attorney Tamara Niles, Police Chief Dan Ward, Fire Chief Bobby Wolfe, Finance Director Kathy Cornwell, Management Assistant Deron Gamble, City Clerk Lesley Shook. Absent at roll call was City Manager Nick Hernandez. Pastor Fry offered the opening prayer. Mayor Giles led the pledge of allegiance. Agenda Additions/Deletions and Approval Commissioner Tweedy III moved to approve the agenda. Commissioner Jurkovich seconded the motion. Voice vote was unanimous in favor of the motion. Mayor Giles declared the agenda approved. Consent Agenda Motion by Commissioner Warren and seconded by Commissioner Tweedy III that the consent agenda be approved, and to include the following items: 1. Approval of September 2, 2014 regular meeting minutes as written. 2. Resolution No approving the purchase of a wireless upload system for police in-car cameras from WatchGuard Video. Voice vote was unanimous in favor of the motion. Mayor Giles declared the consent agenda approved. Old Business Discharge of Fireworks Ordinance No City Clerk Shook presented for consideration second reading of an Ordinance amending Arkansas City Municipal Code Section relating to discharge of Fireworks. City Attorney Niles noted the proposed ordinance addresses two things; first it changes the dates when fireworks may be detonated during the fourth of July holiday. Code currently states July 1 st through July 4 th however, fireworks may be sold June 27 th through July 4 th. The change make detonation allowed starting June 27 th. Second it modifies municipal code regarding approval of fireworks outside of the designated dates by including investigation and approval by the Fire Chief and that an application can only be made by a non-profit organization with the payment of an application fee of $ It was recommended to make the application fee non-refundable. Following discussion, Commissioner Tweedy III moved to approve the Ordinance amending Arkansas City Municipal Code Section relating to discharge of Fireworks with the addition of a $ non-refundable fee. Commissioner Jurkovich seconded the motion. Roll call vote resulted in five ayes and no nays. Mayor Giles declared the ordinance adopted and given Ordinance No September 16, 2014 Page 1

4 Arkansas City Commission Meeting Minutes New Business Agreement with USD 470 Drug Dog Safety Sweeps Resolution No City Clerk Shook presented for consideration a resolution authorizing a safety sweep contract for K-9 Services with USD 470. City Attorney Niles stated the previous contract was for a single year. The change in the proposed contract would allow for an automatic renewal each year unless either party notifies the other that it doesn t want to renew. Following discussion, Commissioner Jurkovich moved to consider the resolution authorizing a safety sweep contract for K-9 Services with USD 470. Commissioner Warren seconded the motion. Voice Vote was unanimous in favor of the motion. Mayor Giles declared the resolution adopted and given Resolution No Adopting by Reference Uniform Public Offense Code Edition 2014 Ordinance No City Clerk Shook presented for consideration first reading of an Ordinance adopting by reference the updated Uniform Public Offense Code (UPOC). City Attorney Niles stated the UPOC is published each year by the League of Kansas Municipalities and it becomes the book of laws the City enforces mainly in municipal court. It is modified every year to reflect changes to statute made by the legislature as well as changes through judge made law. The revisions are updated to bring our current municipal code into compliance with current statute. Following discussion, Commissioner Tweedy moved to approve the Ordinance adopting by reference the updated Uniform Public Offense Code. Commissioner Snell seconded the motion. Roll call vote resulted in five ayes and no nays. Mayor Giles declared the ordinance adopted and given Ordinance No Adopting by Reference Standard Traffic Ordinance Edition 2014 Ordinance No City Clerk Shook presented for consideration first reading of an Ordinance adopting by reference the updated Standard Traffic Ordinance (STO). City Attorney Niles stated this is similar to the previous item but addresses traffic laws. Following discussion, Commissioner Jurkovich moved to consideration first reading of an Ordinance adopting by reference the updated Standard Traffic Ordinance. Commissioner Tweedy III seconded the motion. Roll call vote resulted in five ayes and no nays. Mayor Giles declared the ordinance adopted and given Ordinance No Other Business National Night Out will be October 6th and 7th. Adjournment Commissioner Tweedy III moved to adjourn. Commissioner Warren seconded the motion. Voice vote was unanimous in favor of the motion. Mayor Giles declared the meeting adjourned. September 16, 2014 Page 2

5 Arkansas City Commission Meeting Minutes THE ARKANSAS CITY BOARD OF CITY COMMISSIONERS Chad Giles, Mayor ATTEST: Lesley Shook, City Clerk September 16, 2014 Page 3

6 Date 10/07/2014 Item for City Commission Action Section III Item 2 Citizen/Agency Contact Department/Division Building & Grounds Staff Contact Tony Tapia Consent Agenda - Approve the purchase of a 2015 F150 Regular Cab Truck Details from Reedy Ford for the Parks Department. Description There were 2 bids sent out both to local dealers. 1. Reedy Ford (Regular Cab) $22,285 after trade in of ($750.00) $21, Zellers Motors choose not to submit a bid Commission Options 1. Approve with Consent Agenda Recommended by Staff 1 Advisory Board Fiscal Impact: Amount: $21, Fund: 01 General Department: 530 Park & Facilities Expense Code: 7403 Motor Vehicles. Included in budget Grant Bonds Other (explain) Approved for Agenda by: SIGNATURE

7 2015 Half Ton Pickup Truck Bid Vehicle Type Half- Ton Pickup Truck F 150 N/A Reedy Ford Zeller Motor (1) F 150 Regular Cab Truck $ 22,285 $ - Trade In Allowance 1997 Ford 150 Ex $ 750 $ - Total $ 21,535 $ - $ - Meet Bid Specs Yes Did Not submit Bid $ - City Manager opted to accept this bid for a 2015 truck rather than what was in the bid invitation because it met all specs and modifications.

8 Date 10/07/2014 Item for City Commission Action Section III Item 3 Citizen/Agency Contact Department/Division Police Staff Contact Dan Ward, Chief Consent Agenda Item Approve the purchase of a 2015 Ram 1500 Quad cab Details 4X2 pickup and a 2015 Durango SSV 4X2 from Zeller Motors on low bid. Description The Police Department is requesting to replace two vehicles in the investigations division. In the past, patrol cars were rotated from patrol to investigations to drive another year or two. Those vehicles have always had high mileage and were subject to higher repair costs. Purchasing new vehicles for investigations should fill the vehicle needs for that division for 10 to 12 years. While the investigations division current drives cars, they have identified the need for vehicles with greater storage areas. A SUV and a pickup will provide greater storage area for crime scene investigation equipment and transportation of large evidentiary items. An invitation to bid was sent out to Zeller Motors, Reedy Ford, Shawnee Mission Ford, and Don Hattan Chevrolet. On October 1, 2014 bids closed and we received bids from Zeller Motors and Shawnee Mission Ford. The low bid was from Zeller Motors. Commission Options Recommended by Staff X Advisory Board Fiscal Impact: Amount: $42,695 Motor Vehicles Fund: 01-General Department: 421-PD Expense Code: 7403-Motor Vehicles Included in budget Grant Bonds Other (explain) Approved for Agenda by: SIGNATURE

9 2014 ACPD Investigations Vehicles Bids Vehicle Type N/A Expedition / F150 N/A Durango / RAM 1500 Reedy Ford Shawnee Mission Ford Don Hattan Chevrolet Zeller Motors Quad Cab pick-up (1) $ 24,163 $ 21,995 SUV (1) $ 26,045 $ 26,400 Trade In Allowance (2 Vehicles) $ 4,100 $ 5,700 Total $ 46,108 $ 42,695 Meet Bid Specs Did not submit bid Yes Did not submit bid Yes % Difference from low bid 8%

10 Date 10/07/2014 Item for City Commission Action Section III Item 4 Citizen/Agency Contact Department/Division City Attorney Staff Contact Tamara Niles Consent Agenda - Resolution authorizing Amendment No. 1 to the Property Details Purchase Agreement between the City of Arkansas City and Arkansas City Inustries. Description The Amendment renews the old agreement. The only change made is the extension and date. Commission Options 1. Approve with the consent agenda 2. Remove from the consent agenda for further consideration Recommended by Staff Advisory Board Fiscal Impact: Amount: Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: SIGNATURE

11 RESOLUTION NO A RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO THE PROPERTY PURCHASE AGREEMENT BETWEEN THE CITY OF ARKANSAS CITY AND ARKANSAS CITY INDUSTRIES. WHEREAS, on the 27 th day of September, 2011, the Parties entered into a Property Purchase Agreement (the Agreement ), whereby the City purchased a parcel of land from ACI; and WHEREAS, the City had three years to pay the purchase price of the property, and the parties hereby mutually agree to extend that term. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City hereby authorizes the City to execute Amendment No. 1 to the Property purchase agreement between the City of Arkansas City and Arkansas City Industries. Such Amendment No. 1 is attached hereto, which is incorporated herein by reference. SECTION TWO: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the City Commission of the City of Arkansas City. ADOPTED AND APPROVED by the governing body of the Arkansas City, Kansas, on October 7, 2014 (Seal) ATTEST: Chad Giles, Mayor Lesley Shook, City Clerk APPROVED AS TO FORM. Tamara Niles, City Attorney CERTIFICATE I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No of the City of Arkansas City, Kansas adopted by the governing body on October 7, 2014 as the same appears of record in my office. DATED: Lesley Shook, City Clerk

12 PROPERTY PURCHASE AGREEMENT AMENDMENT NO. 1 On this day of October, 2014, the City of Arkansas City, a Kansas City of the Second Class (the City ) and ARKANSAS CITY INDUSTRIES, INC. ( ACI ) hereby enter into Amendment No. 1 to the Property Purchase Agreement, under the following terms and conditions: RECITALS: A. On the 27 th day of September, 2011, the Parties entered into a Property Purchase Agreement (the Agreement ), whereby the City purchased a parcel of land from ACI; and B. The City had three years to pay the purchase price of the property, and the parties hereby mutually agree to extend that term. Now, Therefore, IN CONSIDERATION OF THE FOLLOWING terms and conditions, the City and the ACI agree as follows: Section 3-5. TERMS OF PROMISSORY NOTE. of the Agreement is hereby amended to read as follows (new provisions in italics; deleted provisions struck through): (3-5) CITY also may purchase the Property from ACI at any time during the initial within three (3) years of execution of this Property Purchase Agreement Amendment No. 1 by paying to ACI the Purchase Price in full, less any partial payment of the Purchase Price made hereunder. Section 3-6. TERMS OF PROMISSORY NOTE. of the Agreement is hereby amended to read as follows (new provisions in italics; deleted provisions struck through): (3-6) If CITY does not (a) transfer ownership of the entire Property to a third party within three years after execution of this Property Purchase Agreement Amendment No. 1 the Deed transferring the Property from ACI to CITY; (b) itself develop the entire Property within three years after execution of this Property Purchase Agreement Amendment No. 1 with the prior approval of ACI; (c) pay the full Purchase Price to ACI within three years after execution of this Property Purchase Agreement Amendment No. 1; or (d) extend the term of this Agreement as provided below, CITY will execute a Deed to transfer any and all portions of the

13 Property owned by CITY back to ACI upon request. In this case, CITY will not be entitled to the return of any Partial Payment. CITY and ACI, by mutual agreement in writing, may extend this three -year period to transfer or develop the entire Property. Except as specifically amended herein, all other provisions of the Agreement remain in full force and effect, and are not affected or otherwise modified by the execution of this Amendment No. 1. THE CITY OF ARKANSAS CITY, KANSAS By: Chad Giles, Mayor ATTEST: Lesley Shook, City Clerk STATE OF ) COUNTY OF ) ss ACKNOWLEDGMENT Be it remembered, that on this day of, 2014, before me, the undersigned, a Notary Public in and for the aforesaid County and State aforesaid, came Chad Giles, on behalf of the City of Arkansas City, who is personally known to me to be the same person(s) who executed the within instrument in writing, after being authorized to do so by the City of Arkansas City and duly acknowledged the execution of same. In witness whereof, I have hereunto subscribed my name and affixed my official seal the day and year last above written. My appointment expires: Notary Public ARKANSAS CITY INDUSTRIES, INC. By:, Chairman ATTEST: By:, Secretary

14 ACKNOWLEDGMENT STATE OF ) COUNTY OF ) ss Be it remembered, that on this day of, 2014, before me, the undersigned, a Notary Public in and for the aforesaid County and State aforesaid, came, on behalf of ARKANSAS CITY INDUSTRIES, INC., who is personally known to me to be the same person(s) who executed the within instrument in writing, after being authorized to do so by ARKANSAS CITY INDUSTRIES, INC., and duly acknowledged the execution of same as the act and deed of said corporation. In witness whereof, I have hereunto subscribed my name and affixed my official seal the day and year last above written. My appointment expires: Notary Public

15 PROMISSORY NOTE For value received; the undersigned, THE CITY OF ARKANSAS CITY, KANSAS A Municipal Corporation sometimes herein referred to as " CITY" or " DEBTOR ", PROMISES TO PAY UNTO THE ORDER OF ARKANSAS CITY INDUSTRIES, INC. sometimes herein referred to as " LENDER" or " ACI" the principal sum of One Hundred Thirty -nine Thousand Dollars ($139, 000) in accordance with PROPERTY PURCHASE AGREEMENT approved by the " CITY" in Regular 16th Commission Meeting on the day of August, 2011, with interest accruing on the outstanding purchase price as hereinafter set forth. The aforerecited PROPERTY PURCHASE AGREEMENT requires the following covenants to be inserted in this PROMISSORY NOTE, to -wit: V If and when CITY sells or otherwise transfers ownership of the entire Property to a third party, CITY will pay to ACI the amount of the Purchase Price, less any Partial Payment for which CITY has not previously been credited. In addition, if CITY sells the Property to a third party, and the amount of that sale price ( hereafter " Sale Price ") exceeds the amount of the Purchase Price, CITY also will pay to ACI half of the difference between the Purchase Price and the Sale Price. In this case, CITY shall be entitled to retain the second half of the difference between the Purchase Price and the Sale Price. ( 3-1) V If CITY seeks to lease the Property or any portion of the Property to a third party for development of the Property, ACI, in its discretion, must agree to the proposed lease in writing before the CITY may enter into the lease agreement. If ACI approves such lease, lease proceeds first will reimburse CITY for any and all expenses incurred to secure the lease ( such as if CITY is required to make improvements to the Property as part of the lease agreement), as long as the cost of those improvements was previously approved by ACI; and to reimburse the CITY for any interest payments made to ACI hereunder. Any excess lease proceeds, after CITY is fully reimbursed for its expenses, will be split equally between ACI and the City. Should the Property be leased for commercial development or if the tenant otherwise intends to construct a structure or other improvements on the Property, the three -year term contained in Sections ( 3-5) and ( 3-6) below will be extended by the term of the lease. As used in this Agreement, development" shall mean improvements to the Property that cost in excess of Five Hundred Thousand Dollars ($ 500, 000). ( 3-2) Page 1 of if

16 V Should CITY seek to sell or otherwise transfer ownership of only a portion of the Property to a third party, but not transfer ownership of the entire Property, ACI, in its discretion, must agree to the proposed transfer' s terms in writing before the CITY may enter into the sale agreement. VV In this event, the original purchase price by CITY from ACI for that portion of the Property to be transferred will be calculated by determining the per acre valuation of the original Purchase Price, and multiplying that per acre valuation by the number of acres sought to be transferred ( hereafter the Partial Acreage Purchase Price "). VV Upon transfer of a portion of the Property to the third party, CITY will pay to ACI the amount of the Partial Acreage Purchase Price, less any Partial Payment for which CITY has not previously been credited. In addition, if the amount of that sale price ( hereafter " Partial Sale Price ") exceeds the amount of the Partial Acreage Purchase Price, CITY also will pay to ACI half of the difference between the Partial Acreage Purchase Price and the Partial Sale Price. In this case, CITY shall be entitled to retain the second half of the difference between the Partial Acreage Purchase Price and the Partial Sale Price. 3-3) V ACI has a right of first refusal, on any proposed transfer of the Property or any portion thereof from CITY to a third party. Before CITY may sell or otherwise transfer any portion of the Property to a third party, CITY shall first offer the Property to ACI on the same terms and conditions as are offered by the third party. ACI shall have 30 days during which to accept said offer in writing. If ACI does accept the offer, ACI shall pay to CITY the sale proceeds CITY would have retained if the Property had been sold to the third party under this Section, except that if the proposed sale to the third party is for a cost less than the Purchase Price, ACI shall pay to CITY the Purchase Price, less any outstanding balance the City owes to ACI to purchase the property. If ACI does not accept said offer within said period, CITY shall be free to accept the third -party offer. If CITY does not enter into an agreement with the third party on said terms and conditions and close the transaction within a reasonable period, CITY' s right to sell the Property to the third party shall expire and the procedure described in this Section shall again be applicable. ( 3-4) V CITY also may purchase the Property from ACI at any time during the initial three (3) years of this Agreement by paying to ACI the Purchase Price in full, less any partial payment of the Purchase Price made hereunder. ( 3-5) V If CITY does not (a) transfer ownership of the entire Property to a third party within three years after execution of the Deed transferring the Property from ACI to CITY; ( b) itself develop the entire Property within three years with the prior approval of ACI; ( c) pay the full Purchase Price to ACI within three years; or (d) extend the term of this Agreement as provided below, CITY will execute a Deed to transfer any and all portions of the Property owned by CITY back to ACI upon request. In this case, CITY will not be entitled to the return of any Partial Payment. CITY and ACI, by mutual agreement in writing, may extend this three -year period to transfer or develop the entire Property. ( 3-6) Page 2 of 4

17 V Unless and until CITY pays the Purchase Price to ACI, transfers ownership of the entire Property to another party, or the Property is transferred back to ACI, CITY shall pay ACI interest on the outstanding Purchase Price in the amount of 1, per year, due and payable on or before the anniversary date of this Agreement every year. Pursuant to Kan. Stat. Ann b, the City of Arkansas City is obligated only to pay periodic payments or monthly installments under this agreement as may lawfully be made from ( a) funds budgeted and appropriated for that purpose during the City' s current budget year or (b) funds made available from any lawfully operated revenue producing source, specifically any rental income received from the property at issue. ( 3-7) The indebtedness and other covenants recited herein shall be secured by Mortgage encumbering the real property set forth and legally described in Section 1-1 of the Property Purchase Agreement hereinbefore referenced. The undersigned " CITY" further acknowledges that in the event this Promissory Note is not paid in accordance with the foregoing terms, and legal proceedings are initiated, the " LENDER" shall be entitled to collect all reasonable costs, expenses for collection, and or litigation, including Attorney fees and Expert fees. Presentment, notice of dishonor, or protest are hereby waived. The " CITY" agrees and represents to " ACI" that the obligation evidenced by this Note constitutes an Economic Development Loan and therefore is not a transaction under the Federal Truth and Lending Act. The form and essential validity of this Note shall be governed by the Laws of the State of Kansas. If any provision of this Note is prohibited by or is unlawful or unenforceable under any applicable law of any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such prohibition without invalidating the remaining provisions hereof; provided, that where the provisions of any such applicable law may be waived, they are hereby waived by the " CITY" to the full extent permitted by Law in order that this Promissory Note shall be deemed to be a valid and binding Promissory Note in accordance with its terms and the intention of the parties. Time is of the essence with respect to all obligations set forth under this Promissory Note, Mortgage or Property Purchase Agreement, as referenced. Should a conflict exist or subsequently arise between the terms of the Promissory Note and the terms of the Property Purchase Agreement, the Property Purchase Agreement shall prevail. This Promissory Note and all provisions, conditions, promises and covenants hereof shall enure to the benefit of the " ACI ", its successors and assigns and shall be binding in accordance with the terms hereof upon the " CITY" and its successors and assigns. Page 3 of 4

18 DATED TH1 7 day of THE CITY OF ARKANSAS CITY, KANSAS A Municipal Corporation BY: JOEL H a NBURY, MAYOR m U' o SEPETN Z U,y CLE CLE Page Page 44 of of 44

19 Date 10/07/2014 Item for City Commission Action Section V Item 1 Citizen/Agency Contact Department/Division City Manager/HR Division Staff Contact Marla McFarland Consider Resolution authorizing the City to enter into an agreement with Blue Details Cross Blue Shield of Kansas for the 2015 employee health insurance renewal. (Voice Vote) Description Enter into a contract with Blue Cross Blue Shield of Kansas to provide fully-funded employee health insurance benefits for the 2015 plan year. The City of Arkansas City has provided employee health insurance through Blue Cross Blue Shield of Kansas for the past six years. There will be no changes in the plan design for the 2015 plan year; however, there will be an average 5.77% overall decrease in premiums. Commission Options 1. Approve the Agreement 2. Table the Item 3. Disapprove the Agreement Recommended by Staff X Advisory Board Fiscal Impact: Amount: Approximately $5, savings per month or a total decrease or $65, for the 2015 plan year (January through December 2015). Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: SIGNATURE

20 RESOLUTION NO A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BLUE CROSS BLUE SHIELD OF KANSAS FOR THE CITY S 2015 HEALTH INSURANCE RENEWAL. WHEREAS, the City of Arkansas City, Kansas has been offered health insurance for City employees, which represents a 5.77% overall decrease from last year s rates; and WHEREAS, the Governing Body desires to accept this insurance quote, and authorize execution of an agreement regarding same. BE IT RESOLVED BY THE GOVERNING BODY OF ARKANSAS CITY, KANSAS, AS FOLLOWS: SECTION ONE: The Governing Body of the City of Arkansas City hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to execute an Agreement with Blue Cross Blue Shield of Kansas for City employee health insurance for the 2015 plan year. SECTION TWO: This Resolution will be in full force and effect from its date of passage by the City Commission of the City of Arkansas City. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas this 7th day of October, 2014 with City Officials being authorized and directed to execute any and all documents necessary to consummate the purposes and intents as expressed in this Resolution and if executed by the Mayor (or other person authorized by law to act in the event of the absence or inability of the Mayor to act) and the City Clerk is directed to attest to and affix the official seal of the City thereon. ATTEST: Chad Giles, Mayor 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 of the City of Arkansas City, Kansas adopted by the governing body on October 7, 2014 as the same appears of record in my office. DATED: Lesley Shook, Clerk

21 Date 10/07/2014 Item for City Commission Action Section V Item 2 Citizen/Agency Contact Department/Division Public Works Staff Contact Travis Guess Consider Ordinance amending Arkansas City Municipal Code Section Details pertaining to the Building Trades Board. (Roll Call Vote) Description I am putting forth this recommendation as we have adopted the 2009 IFC. Having the Fire Chief or his designee as a member will give the board another resource to meet the minimum standards for life, health, and safety. Commission Options 1. Approve the Ordinance on First Reading 2. Disapprove the Ordinance 3. Table the Ordinance for a Second Reading. Recommended by Staff 1 Advisory Board Fiscal Impact: Amount: Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: SIGNATURE

22 (First Published in the Arkansas City Traveler 2014) ORDINANCE NO AN ORDINANCE AMENDING ARKANSAS CITY MUNICIPAL CODE SECTION PERTAINING TO THE BUILDING TRADES BOARD. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: Section 1. Amendment to Municipal Code. The Board of Commissioners amends Section of the Arkansas City Municipal Code as follows (new provisions in italics; deleted provisions struck through): Sec Building trades advisory board. (a) Authority. The board of building appeals, also referred to as the building trades advisory board, shall hear and decide appeals of orders, decisions or determinations made by the code enforcement officer relative to the application and interpretation of the city-adopted building codes and regulations, and the city's contractor license laws. (b) Membership. The board shall consist of nine voting members: (1) Two electricians (either two master electricians or one master electrician and one journeyman electrician); (2) Two plumbers (two master plumbers or one master plumber and one journeyman plumber); (3) Two general contractors doing business in the city; (4) Two heating, air-conditioning or refrigeration contractors (two master mechanical specialists or one master mechanical specialist and one journeyman mechanical specialist); and (5) One citizen or layman familiar with the requirements of the city building code. The code enforcement officer and the Fire Chief of the city, or their designees, shall be an ex officio board members, without voting privileges. The code enforcement officer or his or her designee shall, and serve as secretary to the board. (c) Appointment and terms. The board shall be appointed by the mayor with approval of the board of city commissioners, and shall hold office at the pleasure of the board of city commissioners. Appointments shall be for a period of two years except the initial appointments shall be staggered to sustain continuity upon the board so that one master electrician and one journeyman or citizen shall be appointed for a one-year term and one master plumber and the remaining board members shall be appointed for a two-year term. (d) Procedure. (1) Rules of procedure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the applicant with a duplicate copy to the code enforcement officer. (2) Attendance. Except for emergency absences, medical condition absences and absences resulting from military leave of less than two continuous months, no board member shall miss more than three meetings in any 12-month period. Upon any fourth absence within 12 months, other than for an emergency, medical condition or military leave of less than two months, as determined by the chairperson, the board member shall be deemed to have

23 resigned from the board, and the mayor shall appoint a replacement. Nothing herein prohibits the mayor from reappointing the resigning member under this subsection. (3) Quorum and voting. A quorum shall consist of four voting members, and a decision of a majority of the members of the board shall control. (4) Officers. The board shall annually elect a chairperson from its number who shall preside over all hearings and proceedings of the board. A vice-chairperson elected annually by the board shall assume the chairperson's duties in the chairperson's absence. (5) Meetings. The board shall hold meetings at regularly scheduled intervals, but shall meet at a minimum four times a year. Minutes shall be kept of all board proceedings. (e) Limitations of authority. The board shall have no authority relative to interpretation of the administrative provisions of the code adopted by the city, nor shall the board be empowered to waive requirements of the code. Section 2. This Ordinance shall take effect and be in full force from and after its adoption by the governing body of the City of Arkansas City and either (a) publication once in the official newspaper of the City, or (b) publication of a summary of this Ordinance certified as legally accurate and sufficient by the City Attorney. PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas this 7th day of October, ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM: Tamara L. Niles, City Attorney Chad Giles, Mayor CERTIFICATE I, hereby certify that the above and foregoing is a true and correct copy of the Ordinance No of the City of Arkansas City, Kansas adopted by the Board of Commissioners on October 7, 2014 as the same appears of record in my office. DATED:. Lesley Shook, City Clerk

24 Print Form cialea THE GOLD STANDARD IN PUBLIC SAFETY IP Please do not write in this space. Date Received: CASP IAFW APPLICATION FORM Arkansas City Kansas Police Department Agency Name ( in full): Street Address: 117 West Central Avenue Arkansas City Cowely P. O. Box: City: County: Kansas USA State/ Province: ZIP/ Postal Code: Country: Agency Telephone Number: Agency Fax Number: If a P. O. Box is preferred, check here: ( Please also include street address for UPS deliveries) Daniel Agency' s Chief Executive Officer: C. Ward Title: Police Chief org Telephone: Ext E- Mail: Agency' s Accreditation Manager ( if any): Eric Burr Title: Lieutenant eburr@arkcity. org Telephone: Exi; E- Mail: The commitment our agency must make in working with the Commission toward accreditation is understood and accepted. Also, we are prepared to provide information promptly concerning our agency that the Commission requires in making its determination for awarding a CASP IAFW. It is also understood that our agency is entering into a non- adversarial working relationship with the Commission and that our agency can terminate its applicant status at any time prior to the awarding of the grant.

25 Cat: For the City/ County of MDTA RY PUBLIC by: Signature) State/ Province of Daniel Ward The forgoing instrument was acknowledged Rid Name) before me, this day of 20 by: Police Chief Name of person seeking acknowledgement) Title) Notary Public Signatu- e) My commission expires: Imo: For the Governing Authority NDTA RY PUBLIC City/ County of Signature) State/ Province of Nickolaus Hernandez The forgoing instrument was acknowledged Typed Name) before me, this day of 20 by: City Manager Fide) Name of person seeking acknowledgement) Notary Public Signature) My commission expires: 2-

26 Arkansas City, KS Police Department CALEA CASF Grant Narrative Statement of Interest The Arkansas City Police Department is seeking CALEA Accreditation to aid the department in accomplishing its mission. The department' s mission statement is to serve and protect all members of society without regard to race or social standing by utilizing all resources necessary to prevent crime, apprehend offenders, recover property, provide needed auxiliary services and maintain social order through carefully prescribed ethical and constitutional restrictions. The department is continuously striving to accomplish this mission, and the standards set forth by CALEA would help to facilitate our pursuit to this end. As a CALEA accredited department we would demonstrate our departmental integrity by clearly defining authority, performance, and responsibilities through the implementation of nationally recognized standards that are subsequently assessed by an organization independent of local municipal government. We would further accomplish our mission through accreditation by making fact based managerial decisions and reducing liability and risk exposure, thus using our community given resources in the wisest of ways. The Arkansas City Police Department, and the body which governors it, are committed to CALEA accreditation. In 2013 the department had a change in upper management with the retirement of the Police Chief and Captain. A new Police Chief from outside the department was hired and started in The 26 sworn officers, four full time civilians, and two part time civilians conducted a multi month evaluation of the facilities, policies, equipment, and personnel Changes and upgrades were identified in all of the above listed areas. A workable structure. solution to address these identified needs has been sought by management. A solution which includes specific personnel to accomplish tasks on a defined schedule is paramount when taking on large scale updates to the entire organization. Additionally, proper organization and a detailed plan with short, mid, and long term goals to achieve the end results is essential to be successful. In searching for the right solution we held conversations with vendors, made in person visits with other agencies, and conducted extensive research. In the end, CALEA accreditation is viewed by the Arkansas City Police Department as a perfect vehicle to address needed changes and upgrades as it provides a road map for success. The City Manager is not only supportive but is even promoting the effort to become CALEA accredited as he recognizes the many benefits. The City Commission approved a 2015 budget for the Police Department which includes funding for sending the accreditation manager to a national conference, for obtaining the Power DMS software program to manage the documents related to accreditation, and for obtaining Guardian Tracking software to provide an early warning the system. A change in command structure has been identified which will allow for a Lieutenant to be assigned as the accreditation manager full time. To prepare for the upcoming task, the Lieutenant has conducted a sight visit with an area agency which is CALEA accredited, obtained temporary access to CALEA for research and review, is scheduled to observe another area agencies mock assessment in October of 2014, and will be attending the CALEA conference in Albuquerque New Mexico, November 19 22, 2014.

27 Arkansas City, KS Police Department CALEA CASF Grant Narrative Budget Statement The economic down turn continues to have a negative effect on the City' s budget and many cuts have been necessary to staffing levels. Although CALEA accreditation is a maintain sworn top goal for the department and for the city, maintaining current staffing levels will always be the top priority in City Police order to ensure essential police Department has experienced a functions. budget Between 2010 and 2014 the Arkansas reduction of over $ 350, 000. This has necessitated a reduction of civilian support staff, deferred equipment replacement, and across the board cuts in department expenditures. As mentioned earlier, the department has budgeted for added education and software expenses in 2015 associated with accreditation however those choices come at a cost to other areas as no additional funding is available. Receiving the grant in 2015 would benefit the Arkansas City Police and allow us to move forward sooner with our efforts to become accredited. Funding for additional expenses associated with accreditation will be sought in future budget requests and the City Manager has pledged his support for those increases. In 2015 the for the same addition, grant City the payment City and to budget $ 3490 for fiscal year 2016 and has indicated a commitment amount reduce our our in 2017 to budget $ commits decrease would payment, commits initial third and 2018 to the initial cover accreditation fees. In 4065 for the assessment fees in Receiving the payment payment to approximately $ 2032, to approximately $ eliminate the second Not only would this make CALEA accreditation feasible, it would enable us to move forward with the accreditation process in 2015 instead of Total City budget $ 8, 779, total Police Department budget $ 2, 640, 236 Police Department FTE' s, 30 Police Department part- time employees, Census for Arkansas City Kansas, 12, grant funds total $ 2580 ( bullet Asset forfeiture funds received proof vest replacement), $ 2014, $ 4, 776, balance as of 900 remaining 10/ 1/ 14 $ 7, Plan of Action 1. The Arkansas City Police Department is sending Lieutenant Eric Burr to the Albuquerque, New Mexico CALEA Conference in November 2014, and he will be the department' s CALEA Accreditation Manager full time beginning December Although we from are the actively working on policy revisions, upon Lieutenant Burr' s a policy committee consisting of department members from all levels and divisions and necessary community stakeholders return will be formed to conference, compare current policies and practices with CALEA standards.

28 Arkansas City, KS Police Department CALEA CASF Grant Narrative Revisions to policies and practices will be made as necessary to conform to CALEA standards in a planned and scheduled manner. 3. A self-assessment will be conducted no later than the beginning of the third year with the assistance of area agencies that are familiar with the assessment process. 4. The department will schedule the on- site assessment after the self-assessment is completed and not later than the sixth month of the third year. Organizational Capability The Arkansas City Police Department has had considerable experience in conducting large projects and events. The department currently holds a community wide National Night Out, Girl 2 Girl self-defense training, and DARE camp on a yearly basis. The planning, fund raising and other work associated with these events are done entirely by a committee of department members. The Police Department is also involved with planning and conducting the yearly Arkalalah celebration and Last Run Car Show, two large community events made possible by a committee of local business members, governmental employees and volunteers. The level of planning and cooperation necessary to make these two popular events successful every year demonstrates the department' s ability to collaborate with members of the police department, other City departments, and community members to achieve success. It is with this experience and commitment to success that we will pursue CALEA accreditation. In addition to these annual projects, the Arkansas City Police Department has taken proactive steps to reach its goal of being the best police department in the area. Under the direction of a new administration the police department has successfully reviewed all facilities, policies, equipment, and personnel structure by obtaining input from internal and external sources. A scheduled plan to accomplish the needed changes has been developed and the department has already begun to work towards our goal. The employees of the Arkansas City Police Department have voiced their interest and support of accreditation as they are eager to improve the agencies standing within the community. The efficiency and focus resulting from the united effort will further enhance our organizational capability of reaching CALEA accreditation.

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