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City of Arkansas City Board of City Commissioners Agenda Regular Meeting Tuesday, January 16, 2018 @ 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 III. Recognition of Visitors 1. Hospital Update 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 will be enacted by one motion. There will be no separate discussion on those items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately under New Business Section VII. 1. Approve the January 8, 2018, regular meeting minutes as written. 2. Ratify Mayor Dan Jurkovich’s reappointments of Jackie Barnett to the Northwest Community Center Board Advisory Board, Chris Tackett to the Outstanding Young Student Award Committee, Andrew Paton and Dr. Scott Rogers to the Planning Commission and Board of Zoning Appeals, David Billings and Mike Munson to the Public Building Commission, and Jerri Achenbach, Larry Gilmore, Carol Goldwater, and Gary Humiston to the Retired Citizens Advisory Council. VI. Old Business 1. Consider fourth reading of an Ordinance modifying Municipal Code Part II, Chapter 14, concerning buildings and building regulations. (Roll Call Vote) VII. New Business 1. Consider a Resolution to purchase a 2018 Ford E-450 ambulance chassis from Emergency Medical Services Supply, of St. Louis, Missouri, and contract with Osage Ambulances, of Linn, Missouri, to remount an existing ambulance module onto the new chassis, for a total amount not to exceed $89,675.00. (Voice Vote)
Transcript
Page 1: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

City of Arkansas City Board of City Commissioners

Agenda

Regular Meeting

Tuesday, January 16, 2018 @ 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 III. Recognition of Visitors

1. Hospital Update 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 will be enacted by one motion. There will be no separate discussion on those items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately under New Business Section VII.

1. Approve the January 8, 2018, regular meeting minutes as written. 2. Ratify Mayor Dan Jurkovich’s reappointments of Jackie Barnett to the Northwest Community Center

Board Advisory Board, Chris Tackett to the Outstanding Young Student Award Committee, Andrew Paton and Dr. Scott Rogers to the Planning Commission and Board of Zoning Appeals, David Billings and Mike Munson to the Public Building Commission, and Jerri Achenbach, Larry Gilmore, Carol Goldwater, and Gary Humiston to the Retired Citizens Advisory Council.

VI. Old Business

1. Consider fourth reading of an Ordinance modifying Municipal Code Part II, Chapter 14, concerning buildings and building regulations. (Roll Call Vote)

VII. New Business

1. Consider a Resolution to purchase a 2018 Ford E-450 ambulance chassis from Emergency Medical Services Supply, of St. Louis, Missouri, and contract with Osage Ambulances, of Linn, Missouri, to remount an existing ambulance module onto the new chassis, for a total amount not to exceed $89,675.00. (Voice Vote)

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2. Consider a Resolution approving the purchase of one 2018 Dodge Charger Police vehicle from Zeller Motors, Arkansas City, for an amount not to exceed $20,875. (Voice Vote)

VIII. City Manager Updates 1. Amendment No. 2 to KDHE Loan Agreement 2. Hospital Bond Update 3. Proposed Kansas Roofing Contractor Registration Act bill 4. Commission approved 2018 Capital Outlay

IX. Other Business

1. City Advisory Board Reports 2. Recess into executive session for consultation with City Attorney Tamara Niles which would be deemed

privileged in the attorney-client relationship, to discuss legal matters related to insurance. X. Adjournment

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Item for City Commission Action Section V Item 1

Meeting Date 1/16/2018

Department/Division City Manager

Staff Contacts Lesley Shook / Andrew Lawson

Title: Consent Agenda Item: Approve the January 8, 2018, 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. Fiscal Impact: Amount: N/A Fund: Department: Expense Code:

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

City Manager

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January 8, 2018 Page 1

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Item for City Commission Action Section V Item 2

Meeting Date 1/16/2018

Department/Division City Manager

Staff Contacts Andrew Lawson / Lesley Shook

Title: Consent Agenda Item: Ratify Mayor Dan Jurkovich’s reappointments of Jackie Barnett to the Northwest Community Center Board Advisory Board, Chris Tackett to the Outstanding Young Student Award Committee, Andrew Paton and Dr. Scott Rogers to the Planning Commission and Board of Zoning Appeals, David Billings and Mike Munson to the Public Building Commission, and Jerri Achenbach, Larry Gilmore, Carol Goldwater, and Gary Humiston to the Retired Citizens Advisory Council. Description:

a. Jackie Barnett Sr. will complete his first term on the Northwest Community Center Advisory Board effective February 1. He has a good attendance record and assists with Thursday nights. Staff and the Board recommend reappointing him to a three-year term ending February 1, 2021.

b. Chris Tackett was appointed last February to a shortened one-year term on the Outstanding Young Student Award Committee in order to correct the staggering of the terms on this Committee. He attended all 3 interview sessions and was a very constructive member of this group. Staff recommends reappointing him to a full three-year term ending February 1, 2021.

c. Andrew Paton and Dr. Scott Rogers have been longtime and very valuable members of the Planning Commission, and recently were added to the Board of Zoning Appeals when the two boards were combined in August 2016. Rogers has served as Planning Commission chair for years and Paton currently serves as vice chair. Both have good attendance records. Staff and the Commission recommend reappointing both to three-year terms ending February 1, 2021.

d. David Billings and Mike Munson both have served on the Public Building Commission for several terms. Billings recently stepped down as chairman after many years and Munson was promoted from vice chair to chair to replace him. Both men indicated they want to continue serving. Staff recommends reappointing both to two-year terms ending February 1, 2020.

e. Four members of the Retired Citizens Advisory Council — Jerri Achenbach, Larry Gilmore, Carol Goldwater and Gary Humiston — have terms expiring February 1. Gilmore is completing his first term and has a decent attendance record. Achenbach, Goldwater, and Humiston all have served multiple terms and have perfect attendance records. Goldwater has been chair of the Council for years and Humiston serves as vice chair. Staff recommends reappointing Achenbach and Gilmore to two-year terms ending February 1, 2020, and reappointing Goldwater and Humiston to three-year terms ending February 1, 2021, which would stagger all terms properly.

Commission Options: 1. Approve with the consent agenda. 2. Remove item from consent agenda for further consideration.

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

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

City Manager

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Board Vacancies as of January 10, 2018

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

Interest Expressed

Community Spirit Award Committee ― 2-4

Vacancies

Accepting applications

Cowley County Council on Aging ― 1 Vacancy Accepting applications

Equal Opportunity and Accessibility Advisory

Board

Joaquin Retana, Daniel

Yocum

Northwest Community Center Advisory Board Wesley Bradford

Planning Commission (3-Mile Growth Area) Ron Slaven

* Mayor’s Recommendation

Potential Upcoming Reappointments

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

Building Trades Advisory Board

Mark Bartlett / February 1, 2018 Master Electrician

David Billings / February 1, 2018 Master Plumber

Brian Lawrence / February 1, 2018 Master Mechanical

Ken Miller / February 1, 2018 Master Mechanical

Leonard Mumford / February 1, 2018 General Contractor

Chris Rains / February 1, 2018 Layman

Randy Smith / February 1, 2018 General Contractor

Northwest Community Center

Advisory Board Jackie Barnett / February 1, 2018

Outstanding Student Award Committee Chris Tackett / February 1, 2018

Planning Commission/Board of Zoning

Appeals

Andrew Paton, Dr. Scott Rogers /

February 1, 2018

Rogers = PC chair, Paton

= PC vice chair

Planning Commission Brian Wells / February 1, 2018 Member from 3-mile

growth area outside city

Public Building Commission David Billings, Mike Munson /

February 1, 2018

Munson serves as chair

Retired Citizens Advisory Council Jerri Achenbach, Larry Gilmore,

Carol Goldwater, Gary Humiston /

February 1, 2018

Goldwater serves as

chair; Humiston serves as

vice chair

South Central Kansas Medical Center

Board of Trustees

Carol Hearne, Dr. Nick Rogers /

April 1, 2018

Hearne serves as chair;

Rogers not eligible for

reappointment (2 terms)

Arkansas City Public Library

Board of Trustees

Kammy Downs, Jerald Hooley /

April 30, 2018

Both eligible for an

additional 4-year term

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Applications Received / No Current Vacancies

Name Interest in serving on:

Michael Bergagnini South Central Kansas Medical Center Board of Trustees

JoAnn Bierle Convention and Visitors Bureau Board of Directors

Jerry Campbell Convention and Visitors Bureau Board of Directors

Mike Dobson Arkansas City Recreation Commission

Dale Eggen Planning Commission / Board of Zoning Appeals

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

Carol House Outstanding Young Student Award Committee

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

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

Michael Taylor Building Trades Advisory Board

Jill Wineinger Planning Commission / Board of Zoning Appeals

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Item for City Commission Action Section VI Item 1

Meeting Date 1/16/2018

Department/Division City Manager / Neighborhood Services

Staff Contacts Andrew Lawson / Mike Bellis

Title: Consider fourth reading of an Ordinance modifying Municipal Code Part II, Chapter 14, concerning buildings and building regulations. (Roll Call Vote) Description: This ordinance modifies the International Plumbing Code and International Residential Code to require annual maintenance of backflow prevention devices by a certified contractor, which is a new requirement of the Kansas Department of Health and Environment. Property owners with these devices will receive annual reminders to perform this maintenance and provide proof of such within 60 days, otherwise the City will hire its own contractor to perform the work and bill the owner accordingly. During the January 8 commission meeting, there was some uncertainty about the phrase “backflow prevention contractor,” the definition of which had been removed from this particular ordinance. The following definition was approved by the Building Trades Board and will appear in a future ordinance:

Backflow prevention contractor means a person, firm, or corporation that is qualified, equipped, and certified to install, alter, service, maintain, repair, winterize, or replace any lawn sprinkler system, atmospheric vacuum breaker, pressure vacuum breaker assembly or reduced pressure principle backflow prevention assembly; provided a backflow prevention contractor, having a current certificate issued by the Kansas Department of Health and Environment, showing him or her to be so qualified, shall be issued a backflow prevention contractor’s certificate. A backflow prevention contractor may connect a lawn sprinkler system to the service line on residential properties only, but such connections must be made by a licensed plumber on commercial property. All such connections shall be subject to inspection by city staff.

In the process of drafting this ordinance, staff also determined that many provisions in Chapter 14 were duplicative, outdated, archaic or otherwise unclear. This ordinance also aims to correct those issues. This ordinance also modifies code to account for the 2017 Public Works Department reorganization, including the realignment of the Neighborhood Services Division under the City Manager Department. Other changes in this version of the ordinance include requiring each trade to pull its own permits, rather than a single “contractor of responsibility”; three small changes to the National Electrical Code that will eliminate unnecessary protections and possibly reduce costs for builders and homeowners; and other changes to better reflect current Neighborhood Services Division administrative practices. Final approval of these changes by the Building Trades Advisory Board occurred November 16, 2017. Staff recommends approving this ordinance on fourth reading, but the Commission does have the option to delay a final decision on approval until a fifth reading on February 6, if it is deemed necessary.

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Commission Options: 1. Approve the Ordinance on fourth reading. 2. Table the Ordinance until a fifth reading Feb. 6. 3. Disapprove the Ordinance. Fiscal Impact: Amount: Cost of publication Fund: Department: Expense Code:

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

City Manager

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(Published in the Cowley CourierTraveler on _____________________________)

ORDINANCE NO. 2018-01-____ AN ORDINANCE MODIFYING MUNICIPAL CODE PART II, CHAPTER 14, CONCERNING BUILDINGS AND BUILDING REGULATIONS. WHEREAS, the 2017 Public Works Department reorganization, including the realignment of the Neighborhood Services Division under the City Manager Department, has spurred a need to amend Municipal Code, to authorize and reference this reorganization; and WHEREAS, the City of Arkansas City, Kansas, desires to require certified installation and annual inspection and maintenance of all backflow prevention devices connected to service lines as part of lawn sprinkler systems; and WHEREAS, as part of its ongoing effort to eliminate duplicative provisions or other minor discrepancies in Municipal Code, City staff has proposed several other changes throughout the City’s building regulations to improve clarity and better reflect current administrative practice; and WHEREAS, the Governing Body of the City of Arkansas City, Kansas, desires to amend Arkansas City Municipal Code to accomplish these aforestated goals. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: AMENDMENT TO MUNICIPAL CODE SECTION 14-40. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-40 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-40. - Adoption. (a) The city adopts by reference the following codes, as amended by this Chapter:

(1) International Building Code, 2015 Edition (hereafter “International Building Code”), for

regulating and governing conditions and maintenance of all property, buildings and structures, including Appendices F, H and J; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure the structures are safe, sanitary, and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures, including amendments as set out in Section 14-43 (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

(2) International Residential Code for One- and Two-Family Dwellings, 2015 Edition, including

Appendices A—J, and M—P (hereafter “International Residential Code”), for regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal, and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress, including amendments as set out in Section 14-44 (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

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(3) International Plumbing Code, 2015 Edition, including Appendices C and E (hereafter “International Plumbing Code”), regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems, including amendments as set out in Section 14-45 (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

(4) International Property Maintenance Code, 2015 Edition (hereafter “International Property

Maintenance Code”), regulating and governing the maintenance of existing buildings, including amendments as set out in Section 14-46 (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

(5) International Fuel Gas Code, 2015 Edition, including all Appendices (hereafter “International

Fuel Gas Code”), regulating and governing fuel gas systems and gas-fired appliances, including amendments as set out in Section 14-47 (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

(6) NFPA 70: The National Electrical Code, 2014 Edition, including Appendix H (Article 80),

(hereafter “National Electrical Code”), including amendments as set out in Section 14-48 (published by the National Fire Protection Association, One Batterymarch Park, Quincy, MA 02169-7471); and the corresponding National Electrical Code Handbook, Library of Congress;

(7) International Mechanical Code, 2015 Edition, including Appendix A (hereafter “International

Mechanical Code”), regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, and addition to, use or maintenance of mechanical systems, including amendments as set out in Section 14-49 (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795);

(8) International Existing Building Code, 2015 Edition, including its Appendix (hereafter

“International Existing Building Code”), regulating and governing the repair, alteration, change of occupancy, addition, and relocation of existing buildings, including historic buildings, including amendments as set out in Section 14-50 (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795); and

(9) International Private Sewage Disposal Code, 2015 Edition (hereafter “International Private

Sewage Disposal Code”), regulating design, installation and inspection of private sewage disposal systems, including amendments as set out in Section 14-51 (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795).

(b) At least one copy of the above-referenced codes shall be maintained on file at City Hall, 118 W. Central

Ave., Arkansas City, KS 67005, and may be inspected during regular business hours, the same being adopted as if set out at length herein.

SECTION TWO: AMENDMENT TO MUNICIPAL CODE SECTION 14-41. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-41 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 14-41. - Application.

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(a) The provisions of the adopted codes shall apply to the construction, alteration, moving of buildings, demolition, repair and use of any building or structure within the city, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated by code, and hydraulic flood control structures.

(b) Master production plans, those submitted to the city for reuse on a minimum of four structures, must

comply with the provisions in this code by September 1, 2012. One copy of an engineer-stamped truss design and one engineer-stamped plan set, along with one electronic CD of each, is required for all master production plans.

SECTION THREE: AMENDMENT TO MUNICIPAL CODE SECTION 14-42. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-42 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 14-42. - Administration.

The following shall supplement the Administration section in each of the following codes: International

Building Code, International Residential Code for One- and Two-Family Dwellings (hereafter referred to as the International Residential Code), International Mechanical Code, International Plumbing Code, International Existing Building Code, and International Fuel Gas Code. Any reference to jurisdiction shall mean the City of Arkansas City, Kansas; any reference to the appointed authority shall mean director of public works the city manager (and or his or her designee). (a) Generally.

(1) Title. The regulations contained herein and contained in the codes adopted under Municipal Code Section 14-40, and the other provisions of this chapter, shall be known collectively as the “city building code,” may be cited as such and are referred to in this chapter as “the code.”

(2) Referenced codes and standards. Where differences occur between stated provisions of this

chapter, and codes and standards adopted by reference, the stated provisions of this chapter shall apply. The provisions of the International Plumbing Code and the International Mechanical Code shall apply to the installation of the plumbing and mechanical systems, and shall be considered as the specific code. Plumbing Articles 25 through 32 and Mechanical Articles 12 through 24 of the International Residential Code shall be considered as general requirements. To the extent a conflict exists between the articles in the International Residential Code and the International Plumbing Code, the International Mechanical Code, and the International Fuel Gas Code, the International Residential Code as amended by the city shall apply.

Exception: When enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer’s instructions shall apply.

(3) Electrical. The provisions of the National Electrical Code shall apply to the installation of

electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. Provisions of Article 34 through Article 42 of the International Residential Code shall be considered as general requirements. To the extent a conflict exists between Article 34 through Article 42 of the International Residential Code and

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the National Electrical Code, the National Electrical Code as adopted and amended by the city shall apply.

(4) Private sewage disposal. Where provisions of the International Private Sewage Disposal Code

are applicable, the same shall reference the Private Sewage Disposal section of the International Plumbing Code.

(b) Applicability; general. Where, in any specific case, different sections of this code specify different

materials, methods of construction or other requirements, the most restrictive shall govern. When there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. The code enforcement officer (and his or her designee), is authorized and directed to enforce the provisions of this code, render interpretations, and adopt policies and procedures in order to clarify the application of the codes’ provisions. Such interpretations and policies shall not have the effect of waiving requirements specifically provided for in this code.

(c) Permits.

(1) Contractor of responsibility; licensing; fees. On construction projects that have multiple trades, and are permitted by a “contractor of responsibility,” one each permit may must be applied for by and issued for to all each trade individually. All building, electrical, plumbing and mechanical contractors shall be licensed by the city, and identified on the permit application by name and license number. Fees shall be charged by full valuation of all work to be performed.

(2) Time limitation of application. An application for a permit for any proposed work shall be

deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the code enforcement officer is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

(3) Validity of permit. The issuance or granting of a permit shall not be construed to be a permit

for, or an approval of, any violation of any provisions of this code or of any other ordinance of the city. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinance of the city shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the code enforcement officer from requiring the correction of errors in the construction documents and other data. The code enforcement officer also is authorized to prevent occupancy or use of the structure when it is in violation of this code or of any other ordinances of this city.

(4) Expiration. Every permit issued shall become invalid unless the work on the site authorized by

such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 consecutive days. Work shall be deemed suspended or abandoned if no inspections for work completed have occurred within such 180-day period. The code enforcement officer is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Upon expiration of such extended period, the applicant shall not proceed with any work on the site until such time as the applicant receives a new building permit, which will require the applicant to submit a new, complete building permit application, along with payment of all fees necessary. Any fee refund for the fees paid under the expired building permit shall be made pursuant to Section 108.6 of the International Building Code.

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(d) Fees.

(1) Payment of fees. A permit shall not be valid until the fees as set by resolution of the board of city commissioners have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

(2) Plan review fee. When submittal documents are required by this code, a nonrefundable plan

review fee deposit shall be paid at the time of submitting those documents for plan review. Said plan review fee shall be 65 percent of the building permit fee, or actual costs for outsourced review may be charged.

a. After plan review is completed, a credit or debit shall be applied to the building permit

as required. b. The plan review fee is separate from and is in addition to the permit fee. c. When submittal documents are incomplete or changed so as to require additional plan

reviews, or when the project involves deferred submittal items, an additional plan review fee shall be paid.

(3) Building permit valuations. The building permit valuation shall be determined by the code

enforcement officer based upon national valuation tables and/or other relevant documentation. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing, equipment and permanent systems. The applicant for the permit shall provide an estimated permit valuation at the time of application. If, in the opinion of the code enforcement officer, the valuation is underestimated, the permit shall be denied unless the applicant can provide detailed documentation to support such valuation.

(4) Investigation fees; work without a permit.

a. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

b. Fee. An investigation fee shall be paid by the person commencing the work, whether or

not a permit is issued then or subsequently. c. The payment of such investigation fee shall not exempt any person from compliance

with all other provisions of this code, such as obtaining a permit, or from any penalty prescribed by law.

(5) Fee refunds. The code enforcement officer may authorize refunding of any fee which was paid

or collected erroneously.

a. The code enforcement officer may authorize refunding of not more than 80 percent of the building permit fee paid when no work has been done under a permit issued in accordance with this code or when the building permit has expired.

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b. The code enforcement officer may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.

c. The code enforcement officer shall not authorize a refund of any fee paid except upon

written application filed by the original applicant not later than 180 days after the date of fee payment.

(e) Inspections.

(1) Generally. All construction or work for which a permit is required shall be subject to inspection by the code enforcement officer, and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the code enforcement officer. In addition, certain types of construction shall have continuous inspection as specified in International Building Code Article 17, entitled “Structural Tests and Special Inspections.”

(2) Required inspections; rough inspections.

a. Temporary electric construction meter. This inspection is to be made after all wiring installations have been made as required in National Electrical Code Article 527, entitled “Temporary Installations,” including specific installation requirements of Westar Energy or other local electric provider.

b. Zoning/building code setbacks. A location/elevation certification survey may be

required prior to concrete placement. This wet stamp certification from a registered design professional must be available at rough inspections.

c. Trenches, footings, pads and caissons. This inspection is to be made after trenches are

excavated, forms are erected and steel is in place, and prior to placement of concrete. Except as otherwise stated herein, the code enforcement officer shall perform all inspections required by this code. In some cases, this code requires on-site observation and a stamped written report by a registered design professional when plans call for drilled piers (caisson) construction or other specialty inspections. Observation of the preparation, reinforcement and placement shall be described in detail in the written report as prepared by a registered design professional retained by the permittee.

d. Third-party inspections.

1. Foundation walls and/or grade beams steel reinforcement. This inspection is to be made after all forms are erected and steel is in place, and prior to placement of concrete. The registered design professional of record may perform this inspection with prior approval of the code enforcement officer.

2. Damp-proofing of footing and foundation and/or grade beams of basement

walls. The registered design professional of record may, with prior approval of the code enforcement officer, perform this inspection, which must be completed prior to backfilling.

3. Electrical; underground. Within a building, this inspection is to be made prior to

backfilling and/or pouring concrete floor.

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4. Water service line. This inspection is to be made prior to backfilling. Test and inspections shall be in accordance with International Plumbing Code Section 312.5. Water lines must be inspected by the code enforcement officer or, with his or her prior approval, third-party inspections on forms provided by the city.

e. Inspections in geologic hazard areas. At the completion of rough grading and/or

foundation excavation, and prior to the construction of retaining walls, footings or bearing caissons, a soil engineer and/or an engineering geologist, within their respective fields of competency, shall inspect the site at the applicant’s expense and render opinions, in writing, to the code enforcement officer concerning the soil and geologic conditions actually encountered, and that all known geologic hazards or constraints have been taken into account in the design of the facility.

f. Re-inspection. The permittee must pay a re-inspection fee for each inspection or re-

inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

1. Re-inspection fees are not required the first time a job is rejected for failure to

comply with the requirements of this code, but instead shall apply to control the practice of calling for inspections before the job is ready for such inspection or re-inspection.

2. Re-inspection fees may be assessed when the inspection record card is not

posted or otherwise available on the work site, when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the code enforcement officer.

3. In instances when re-inspection fees are assessed, no additional inspection of

the work will be performed until the required fees have been paid. A receipt of payment must be posted or available before receiving additional inspections.

(f) Certificate of occupancy. No building or structure shall be used or occupied and no change in the

existing occupancy classification of a building or structure, or portion thereof, shall be made until the code enforcement officer has issued a certificate of occupancy.

(g) Temporary certificate of occupancy.

(1) Temporary occupancy. The code enforcement officer is hereby authorized to issue a temporary certificate of occupancy (TCO) before completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely and there will be no danger to the public. The code enforcement officer shall set a time period during which the TCO is valid. The full certificate of occupancy (CO) must be obtained prior to the expiration of the TCO. If the conditions of the TCO are not met and a CO is not obtained, the right to occupy immediately ceases and the premises must be vacated.

(2) Certificate of compliance. When permitted work is not designed for occupancy, upon proper

project completion, the code enforcement officer shall issue a certificate stating that materials and products meet specified standards or that work was done in compliance with approved construction documents.

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SECTION FOUR: AMENDMENT TO MUNICIPAL CODE SECTION 14-43. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-43 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-43. - Amendments to the International Building Code.

The following amendments, additions and deletions are made to the International Building Code:

(1) Section 101.1 Title is amended by inserting: City of Arkansas City, Kansas. (2) Section 101.4.6 Energy is deleted in its entirety. (3) Section 109.2 is amended by inserting: See Arkansas City Comprehensive Fee Schedule for

applicable fee schedule. (4) Section 105.2 is amended by deleting item 2, Fences not over 6 feet high. (5) Section 113.1 is amended by inserting: The Building Trades Board of the City of Arkansas City,

Kansas (The Board) is hereby appointed as the appeals board to hear any appeals made of decisions of the city code official.

(6) Section 907.2.1 is amended to read: A manual fire alarm system that activates the occupant

notification system in accordance with Section 907.5 shall be installed in Group A occupancies having an occupant load of 100 or more. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy.

Exception: Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification appliances will activate throughout the notification zones upon sprinkler waterflow.

(7) Section 1612.3 is amended by inserting: City of Arkansas City, Kansas. (8) Section 1809.5.1 is amended to read: Extending 6 inches below the frost line of the locality.

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

(1) Section R101.1 is amended by inserting: City of Arkansas City, Kansas. (2) Section R108.2 is amended by inserting: See Arkansas City Comprehensive Fee Schedule for

applicable fee schedule.

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(3) Section R112.1 is amended by inserting: The Building Trades Board of the City of Arkansas City, Kansas (The Board) is hereby appointed as the appeals board to hear any appeals made of decisions of the city code official.

(4) Section R301.2 Climatic and Geographic Design Criteria. Table R301.2 (1) is amended to read as

the following Table: Design Criteria, R301.2 (1) Climatic and Geographic

Roof snow load 15 lbs./sq. ft.

Wind speed Less than 115 MPH

Seismic design category A

Weathering Severe

Frost line depth 24 inches

Termite hazard Moderate to heavy

Decay hazard Slight to moderate

Winter design temperature 0 Degrees

Ice shield underlayment required No

Flood hazard criteria FIRM; October 19, 2010

Air freezing index 600

Mean annual temperature 58 degrees Fahrenheit

(5) Section R313 Automatic Fire Sprinkler Systems is amended by replacing the word “shall” with

the word “may” in Sections R313.1 and R313.2. (6) Section R908.3.1.1 Condition 3 is amended to read as follows: Shall have no more than 1 layer

for asphalt shingles. (7) Section M1602.2 Return Air Openings is amended by deleting: #2. The amount of return air

taken from any room or space shall be not greater than the flow rate of the supply air delivered to such room or space.

(8) Section M2003.2 Minimum Capacity is amended by adding the phrase to the end of the

sentence: or as determined by the design professional. (9) Section G2414.5 (403.5) Metallic Tubing is amended to read: Steel tubing shall be permitted to

be used with gases not corrosive to such material. (10) Section G2417.1.4 (406.1.4) Section Testing is amended by deleting the sentence: Under no

circumstances shall a valve be used as a bulkhead between gas in one section of the piping system and test medium in an adjacent section.

(11) Section P2502.1 Existing building sewers and drains is amended to read: Existing building

sewers and drains shall be used in connection with new systems when found by examination and/or test to conform to the requirements prescribed by this document.

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(12) Section P2503.4 Building sewer testing is amended to read: The building sewer may be tested

by insertion of a test plug at the point of connection with the public sewer, filling the building sewer with water and pressurizing the sewer to not less than 10-foot (3048 mm) head of water. The pressure shall not decrease during a period of not less than 15 minutes. The building sewer shall be watertight at all points.

(13) The last sentence in Section P2603.4 is amended to read: The sleeve shall have an inside

diameter of at least one-half inch (1/2”) larger than the outside diameter of the pipe passing through it.

(14) The last sentence in Section P2603.5.1 is amended by inserting the number “12 inches” and

again “12 inches”. (15) Section P2801.6.1 Pan size and drain is amended by striking the reference to Table P2906.5 and

inserting Table P2906.4. (16) Section P2902.5.3 Lawn irrigation systems is amended by adding the following sentence:

Maintenance of any atmospheric vacuum breaker, pressure vacuum breaker assembly or reduced pressure principle backflow prevention assembly shall be performed annually by a certified backflow prevention contractor. Proof of such annual maintenance shall be provided to the city within 60 days of notice being issued to the property owner. If such proof is not provided within the specified time frame, the city shall hire a certified backflow prevention contractor to perform such maintenance to the city’s satisfaction, at the owner’s expense.

(17) The last sentence in Section P2906 Separation of water service and building sewer is amended

to read: The required separation distance shall not apply where the bottom of the water service pipe that is located within 5 feet (1524 mm) of the sewer is not less than 24 inches (610 mm) above the highest point of the top of the building sewer.

(18) Section P2906.4 is amended by adding a new section: Section 2906.4.2 Tracer wire: For the

purpose of locating the building service lines, all new or replacement installations using non-metallic pipe or tubing shall have a #12 THHW copper conductor, or equivalent, tracer wire installed with the service line. The tracer wire shall be installed as follows: For water lines, the tracer wire shall extend six (6) inches above the meter box cover through the meter box to the point of entry into the building, where it shall be connected to a one half (1/2) pound anode or larger. For yard hydrants, the tracer wire shall extend six (6) inches above the surface of the ground at the backflow device to the point of connection to the water service, where it shall be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or larger. For lawn sprinklers, the tracer wire shall extend six (6) inches above the surface of the ground at the backflow prevention device to the point of connection to the water service, where it shall be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or larger. Exception: The tracer wire may be omitted on lawn sprinkler piping installed after the backflow prevention device located on private property.

(19) Section P2906.5. Hot and cold water branch lines is amended by adding the following sentence:

Hot and cold water branch lines connected to within 18 inches of the water heater connection shall be of brass, K, L, or M copper or galvanized steel, or an approved metallic water heater connector.

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(20) Section P3002.2 Building Sewer is amended by adding a new section: Section P3002.2.2 Tracer wire: For the purpose of locating building sewers, all new installation and replacements shall have a #12 THHW copper conductor or equivalent tracer wire installed with the sewer line. The tracer wire shall extend six (6) inches above the surface of the ground at the cleanout to the tap, where it shall be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or larger at the sewer tap or at the downstream end of the replaced sewer line.

(21) Section 3005.2.6 Cleanout plugs is amended to read: Cleanout plugs shall be copper alloy,

plastic or other approved materials. Cleanout plugs for borosilicate glass piping systems shall be of borosilicate glass. Brass cleanout plugs shall conform to ASTM A74. Plastic cleanout plugs shall conform to the reference standards for plastic pipe fittings as indicated in Table P3002.3. Cleanout plugs shall have a raised square head, a countersunk square head or a countersunk slot head. Where a cleanout plug will have a trim cover screw installed into the plug, the plug shall be manufactured with a blind end threaded hole for such purpose.

(22) Section P3114.3 Where permitted is amended by adding the following statement: Permission

shall be required from the building official and noted on the plumbing permit. (23) Section E3406.3 Minimum size of conductors is amended to read as follows: The minimum size

of conductors for feeders and branch circuits shall be #12 AWG copper and #6 AWG aluminum. The minimum size of service conductors shall be as specified in Chapter 36. The minimum size of Class 2 remote control signaling and power-limited circuit conductors shall be as specified in Chapter 43. [310.106(A)].

(24) Section E3601.6.2 Service disconnect location is amended to read: The service disconnecting

means with overcurrent protection shall be installed at a readily accessible location outside of the building. Each occupant shall have access to the disconnect serving the dwelling unit in which they reside.

(25) Section 3604.2.2 Vertical Clearance from grade is amended to read: Overhead service or feeder

conductors shall have the following minimum clearances from final grade:

a. For conductors supported on and cabled together with a grounded bare messenger wire, the minimum vertical clearance shall be 10 feet (3048 mm) at the electric service or feeder entrance to the buildings or structures at the lowest point of the drip loop of the structure electric entrance and above areas or sidewalks accessed by pedestrians only. Such clearance shall be measured from the final grade or other accessible surfaces.

b. Twelve (12) feet (3653 mm) — over residential property or sidewalks accessed by

pedestrians only. c. Fifteen (15) feet (4500 mm) — over residential property or residential driveways

subject to vehicular traffic. d. Eighteen (18) feet (5486 mm) — over public streets, alleys, roads or parking areas

subject to truck traffic. [230.24 (B) (1), (2), (3) and (4)].

(26) Section E3604.5.1 Strength is amended to read: The service mast shall be of adequate strength or shall be supported by braces or guys to safely withstand the strain imposed by the service-drop or overhead service conductors and in no case are smaller than a 2-inch ridge conduit.

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Hubs intended for use with a conduit that serves as a service mast shall be identified for use with service-entrance equipment.

(27) Section E3608.1 Grounding electrode system is amended by adding the following statement:

On all new construction, one or more of the electrodes specified in Sections E3608.1.1 through E3608.1.3 shall be made available.

(28) Table E3702.14 Branch Circuit Requirements - Summary, Circuit Rating 15 amp: Conductor is

amended by deleting “#14 AWG Wire” and inserting “#12 AWG wire”. (29) Section E3706 Panelboards is amended by adding a new section: Section E3706.6 Panelboard

Size: The panelboard shall be of a size large enough to allow the installation of all circuit overcurrent devices required for the present installation and a minimum of four (4) extra spaces for future use.

(30) Section E4002.14 Tamper-resistant receptacles is amended by adding a new exception:

Exception 4. A single or duplex receptacle used for countertop appliances or other electric devices where such receptacles are located over a standard height and size countertop.

(a) The following sections of the International Residential Code are deleted:

(1) Section R303.4 Mechanical Ventilation. (2) Chapter 11 Energy Efficiency. (3) Section M1411.8 Locking access port caps. (4) Section G2414.5.2 (403.5.2) Copper, copper alloy tubing.

SECTION SIX: AMENDMENT TO MUNICIPAL CODE SECTION 14-45. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-45 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 14-45. - Amendments to the International Plumbing Code. (a) The following amendments and additions are made to the International Plumbing Code:

(1) Section 101.1 is amended by inserting: City of Arkansas City, Kansas. (2) Section 106.6.2 is amended by inserting: See Arkansas City Comprehensive Fee Schedule for

applicable fee schedule. (3) Section 109.2 is amended to read: The Building Trades Board of the City of Arkansas City,

Kansas (The Board) is hereby appointed as the appeals board to hear any appeals made of decisions of the city code official.

(4) Section 109.6 is amended to read: The Board may modify or reverse the decision of the city

code official by a majority vote of a quorum.

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(5) Section 305.5 is amended to read in its entirety as follows: Pipes through or under footings or foundation walls. Any pipe that passes under a footing or through a foundation wall shall be provided with a relieving arch, or a pipe sleeve pipe shall be built into the foundation wall. The sleeve shall be ½ inch greater in size than the pipe passing through the wall.

(6) Section 305.4.1 is amended by inserting the number “12 inches” and again “12 inches”. (7) Section 503 is amended by adding a new section:

Section 503.3 Hot and cold water branch lines connected to and within 18 inches of the water heater connection shall be of brass, K, L, or M copper or galvanized steel, or an approved metallic water heater connector.

(8) The last sentence in Section 603.2 is amended to read: The required separation distance shall not apply where the bottom of the water service pipe that is located within 5 feet (1524 mm) of the sewer is not less than 24 inches (610 mm) above the highest point of the top of the building sewer.

(9) Section 603 is amended by adding: Section 603.3 Tracer wire: For the purpose of locating

building sewer lines, all new and replacement installations using non-metallic pipe or tubing shall have a #12 THHW copper conductor or equivalent tracer wire installed with the service line. The tracer wire shall be installed as follows:

Water line: The tracer wire shall extend from six (6) inches above the meter box cover through the meter box to the point where it enters the building, where it shall be connected to a one half (1/2) pound anode or larger. Yard hydrant: The tracer wire shall extend six (6) inches above the surface of the ground at the yard hydrant to a point of connection to the water service, where it shall be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or larger. Lawn sprinkler: The tracer wire shall extend from six (6) inches above the surface of the ground at the backflow prevention device to a point of connection to the water service, where it shall be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or larger. Exception: The tracer wire may be omitted on the lawn sprinkler piping installed after the backflow prevention device located on private property.

(10) Section 608.1 is amended by adding: In addition to the requirements covered by this section,

all water supply systems connected to a public water system shall comply with Article IV Water Supply Cross Connections Sections 78-141 through 78-174.

(11) Section 608.15.4 is amended by adding: Section 608.15.4.3 Yard Hydrants. When installed,

water piping shall be ridge type “K” copper, brass or galvanized pipe for a distance of 6 inches on both sides of the hydrant (freeze proof), or a minimum 6-inch extension of type “K” copper, brass or galvanized pipe attached before the yard hydrant (freeze proof). Adequate rock or gravel shall be installed at the base of the hydrant to allow for a drainage field for the hydrant drain. Hydrants shall be fitted with a non-removable hose bib vacuum breaker, and the weep hole shall be fitted with a 1/8-inch elbow and a short nipple. Hydrants shall be supported by steel tee post and attached to the tee post by a minimum of two (2) stainless steel bands. Bands shall be installed 6 inches above finished grade and within 6 inches of the hydrant head.

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(12) Section 608.16.5 Connection to lawn irrigation systems is amended by adding the following

sentence: Maintenance of any atmospheric vacuum breaker, pressure vacuum breaker assembly or reduced pressure principle backflow prevention assembly shall be performed annually by a certified backflow prevention contractor. Proof of such annual maintenance shall be provided to the city within 60 days of notice being issued to the property owner. If such proof is not provided within the specified time frame, the city shall hire a certified backflow prevention contractor to perform such maintenance to the city’s satisfaction, at the owner’s expense.

(13) Section 703.1 is amended to read: Where the building sewer is installed within 5 feet (1524

mm) of water service, as provided for in Section 603.2, the building sewer pipe shall conform to one of the standards for ABS plastic pipe, copper or copper-alloy tubing, or PVC plastic pipe listed in Table 702.3.

(14) Section 703 is amended by adding a new section:

Section 703.7 Tracer wire: For the purpose of locating building sewers, all new installations and replacements shall have a #12 THHW or equivalent tracer wire installed with the sewer. The tracer wire shall extend from the surface of the ground at the cleanout to the tap, where it shall be connected to an existing tracer wire or grounded to a one half (1/2) pound anode or larger.

(15) Section 715.1 Sewage backflow is amended to read: All new or replacement building sewer shall include a backflow prevention device. The backflow prevention device shall be installed as close to the building as is practical and upstream of the cleanout, and shall be made accessible for periodic cleaning and maintenance by the building owner.

Section 715.1.1 Existing building sewers: When repairs to an existing building include the removal of a house trap of or replacement of 5 feet of drain line and/or installation of a cleanout, the backflow prevention device shall be installed as close to the building as practical and upstream of the cleanout.

Exception: A backflow prevention device may only be omitted if approved by the authority having jurisdiction.

(16) Section 903.1 amended by inserting “six inches (6)”. (17) Section 918.3 is amended by adding: When permitted, permission shall be required from the

building official and noted on the plumbing permit.

(b) The following sections of the International Plumbing Code are deleted: (1) Section 109.2.1 Qualifications (2) Section 109.2.2 Alternate members (3) Section 109.6.1 Resolution

SECTION SEVEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-46.

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The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-46 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-46. - Amendments to the International Property Maintenance Code. The following amendments and deletions are made to the International Property Maintenance Code:

Section 101.1 is amended by inserting: City of Arkansas City, Kansas. Section 102.6 is amended to read in its entirety as follows:

Historic buildings. Except as provided by Section 304.13.3, the provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety, and welfare.

Section 107.2 is amended to read in its entirety as follows: which — in additional to Section 302.4 — shall constitute the City of Arkansas City’s weed removal and notification procedure pursuant to K.S.A. 12-1617(f):

Such notice prescribed in Section 107.1 shall: (1) Be in writing; (2) Include a description of the real estate sufficient for identification; (3) Include a statement of the violation or violations and why the notice is being issued; (4) Include a correction order allowing a reasonable time to make the repairs and

improvements required to bring the dwelling unit or structure into compliance with the provisions of this code;

(5) Inform the owner or occupier that he or she may be issued a notice to appear in

Municipal Court if the violation is not corrected; (6) Comply with other provisions of K.S.A. 12-1617(f), if the city intends to assess the costs

of weed abatement to the parcel; and (7) Include a statement of the right to file a lien in accordance with Section 106.3.

Section 111 is amended to read in its entirety as follows:

The city code official may issue a notice to appear in Municipal Court for all violations of this code.

Section 112.4 is amended to read in its entirety as follows:

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be fined in an amount set by resolution of the board of city commissioners.

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Section 302.4 is amended by inserting: 12 inches. Section 304.14 is amended by inserting: January 1, December 31. Section 304.13.3 is added to read as follows:

Windows: (1) All window frames or other openings in the wall of a structure for a window (hereafter

collectively referred to as “window frame”) shall be filled, in compliance with applicable building and housing codes, with material capable of closing and sealing the entire window frame to prevent access to the structure by pests, rodents, insects, birds or other animals.

(2) When removing or replacing material, including but not limited to glass, wood

products, metal or corrugated filler, within any window frame, the material shall be replaced with a material capable of closing and sealing the entire window opening, and consisting of:

a. A rigid and transparent material, excluding Plexiglas; b. A decorative or tinted pane or panes of glass; or c. The same material as contained in the original construction of the structure, or

a modern, improved material that has the same appearance as that used in the original construction.

(3) If otherwise in compliance with applicable building and zoning codes, in lieu of the

requirements set forth above, windows may be removed permanently by closing the opening with the same material and color as the surrounding exterior of the building, so that the wall does not appear to contain the window and window frame. If the same material and color are not available, the code enforcement officer may, upon written request, approve an alternative material and/or color that meets the intent and objective of this section.

Section 602.3 is amended by inserting: January 1, December 31. Section 602.4 is amended by inserting: January 1, December 31.

SECTION EIGHT: AMENDMENT TO MUNICIPAL CODE SECTION 14-47. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-47 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-47. - Amendments to the International Fuel Gas Code. (a) The following amendments and additions are made to the International Fuel Gas Code:

(1) Section 101.1 is amended by inserting: City of Arkansas City, Kansas.

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(2) Section 106.6.2 is amended by inserting: See Arkansas City Comprehensive Fee Schedule for applicable fee schedule.

(3) Section 109.2 is amended to read: The Building Trades Board of the City of Arkansas City,

Kansas (The Board) is hereby appointed as the appeals board to hear any appeals made of decisions of the city code official.

(4) Section 109.6 Board decision is amended to read: The Board may modify or reverse the

decision of the city code official by a majority vote of a quorum. (5) Section 403.5 is amended to read: Seamless aluminum alloy and steel tubing shall not be used

with gases corrosive to such material. (6) Section 406.1.4 Section Testing is amended by deleting the sentence: Under no circumstances

shall a valve be used as a bulkhead between gas in one section of the piping system and test medium in an adjacent section, except where a double block and bleed valve system is installed.

(b) The following sections of the International Fuel Gas Code are deleted:

(1) Section 109.2.1 Qualifications (2) Section 109.2.2 Alternate members (3) Section 109.6.1 Resolution (4) Section 403.4.3 Copper and brass (5) Section 403.5.2 Copper and brass tubing

SECTION NINE: AMENDMENT TO MUNICIPAL CODE SECTION 14-48. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-48 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-48. - Amendments to the National Electrical Code. (a) The following amendments and additions are made to the National Electrical Code:

(1) Article 80 Administration and Enforcement (Appendix H)

a. Article 80.15 (A) through (F) is deleted and amended to read: The Building Trades Board of the City of Arkansas City, Kansas (The Board) is hereby appointed as the appeals board to hear any appeals made of decisions of the city code official.

b. Article 80.19 (F) (3) is amended by inserting: 2 business. c. Article 80.23 (3) is amended by inserting: one hundred, 100.00, five hundred, 500.00,

one, 1, thirty, 30. d. Article 80.25 (C) is amended by inserting: 2.

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e. Article 80.29 is amended by inserting: jurisdiction. f. Article 80.35 is amended by inserting: thirty, 30.

(2) Article 210 Branch Circuits a. Article 210.8 Ground-Fault Circuit-Interrupter Protection for Personnel. (A) Dwelling

Units is amended to read as follows:

(2) Garages, and also accessory buildings that have a floor located at or below grade level not intended as habitable rooms and limited to storage areas, work areas, and areas of similar use.

Exception to (2): Garage door openers shall not be required to have ground-fault circuit-interrupter protection.

(6) Kitchens — where the receptacles are installed to serve the countertop

surfaces. Exception to (6): Refrigerators shall not be required to have ground-fault circuit-interrupter protection.

b. Article 210.12 Arc-Fault Circuit-Interrupter Protections. (A) Dwelling Units is amended

to read as follows:

All 120-volt, single-phase, 15- and 20-ampere branch circuits supplying outlets or devices installed in dwelling unit bedrooms, closets, laundry areas and similar rooms or areas shall be protected by any of the means described in 210.12(A)(1) through (6):

c. Article 210.19 Conductors—Minimum Ampacity and Size. (1) General is amended to

read as follows:

Branch circuit and small feeder conductors shall be of No. 12 A.W.G. or larger and shall be copper. Exception: No. 6 or larger stranded aluminum or copper clad aluminum may be used when properly treated against corrosion with an approved compound and used with approved connectors. Branch-circuit conductors shall have an ampacity not less than the maximum load to be served. Conductors shall be sized to carry not less than the larger of 210.19 (A)(1)(a) or (b). 1. Where a branch circuit supplies continuous loads or any combination of

continuous and non-continuous loads, the minimum branch-circuit conductor size shall have an allowable ampacity not less than the non-continuous load plus 125 percent of the continuous load.

2. The minimum branch-circuit conductor size shall have an allowable ampacity

not less than the maximum load to be served after the application of any adjustment of correction factors.

Exception: If the assembly, including the overcurrent devices protecting the branch-circuit(s), is listed for operation at 100 percent of its rating, the

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allowable ampacity of the branch-circuit conductors shall be permitted to be not less than the sum of the continuous load plus the non-continuous load.

d. Table 210.24 Summary of Branch-Circuit Requirement, Circuit Rating 15 A - Circuit

wires is amended by deleting “14” and inserting “12”.

(3) Article 225 Outside Branch Circuits and Feeders

a. Article 225.17 Masts as Support is amended to read as follows:

Only feeder or branch-circuit conductors specified within this section shall be permitted to be attached to the feeder and/or branch-circuit mast. Any mast used for the support of final spans of feeders or branch circuits shall be a minimum of two (2) inch galvanized rigid steel or greater, and shall be installed in accordance with 225.17 (A) and (B).

b. Article 225.18 item (2) is amended to read as follows:

(2) 4.5 m (15 ft.) — over residential property and driveways, and those commercial areas not subject to truck traffic where the voltage does not exceed 300 volts to ground.

(4) Article 230 Services

a. Article 230.24 Clearances, (B) Vertical Clearance from Ground, item (2) is amended to read as follows:

(2) 4.5 m (15 ft.) — over residential property and driveways, and those commercial

areas not subject to truck traffic where the voltage does not exceed 300 volts to ground.

b. Article 230.28 Service Masts as Supports is amended to read as follows:

Only power service-drop or overhead service conductors specified within this section shall be permitted to be attached to the service mast. Any service mast used for the support of final spans of service drop or overhead service conductors shall be a minimum of two (2) inch galvanized rigid steel or greater, and shall be installed in accordance with 230.28 (A) and (B).

c. Article 230.31 (A) General is amended by adding the following sentence:

Underground service-lateral conductors for 200-ampere services or larger may be installed, provided that written approval from the local utility provider is received, and shall be installed according to the local utility provider’s “Typical Permanent Underground Service” details.

d. Article 230.43 Wiring Methods for 600 Volts, Nominal, Or Less is amended by deleting the following categories:

(1) Open wiring on insulators;

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(2) Type IGS cable; (6) Electrical Nonmetallic tubing (ENT); (7) Service-entrance cables; (13) Type MC Cable; (14) Mineral-insulated, metal-sheathed cable; (16) liquid-tight flexible nonmetallic conduit.

e. Article 230.70 (A) (1) Readily Accessible Location is amended to read as follows:

The service disconnect shall be installed at a readily accessible location outside of the building, either directly below or adjacent to the meter socket. Exception: A shunt trip main breaker may be used when written approval is given by the fire marshal and building official. Location of the shunt trip push button shall be located in a readily accessible location approved by the fire marshal.

(5) Article 334 Nonmetallic-Sheathed Cable: Types NM, NMC, and NMS

Article 334.10 Uses Permitted is amended by deleting the following item: (3).

(6) Article 362 Electric Nonmetallic Tubing: Type ENT

Article 362.10 Uses Permitted is amended to read as follows: The use of ENT and fittings may be used for the installation of communication and data cables where enclosed in chases or wall cavity.

(7) Article 406 Receptacles, Cord Connectors, and Attachment Plugs (Caps)

Article 406.12 Tamper-Resistant Receptacles is amended by adding a new exception: Exception: 5. A single or duplex receptacle used for countertop appliances or other electric devices where such receptacles are located over a standard height and size countertop.

(8) Article 408 Switchboards and Panelboards

Article 408.54 Number of Overcurrent Devices is amended by adding the following sentence: The panelboard shall be of a size large enough to allow the installation of all circuit overcurrent devices required for the present installation and at least two (2) additional spaces for two hundred twenty (220) volt two-pole circuit overcurrent devices (4 spaces) for future use or two (2) additional spaces for two 3-pole overcurrent devices (6 spaces) for 3 phase panels for future use.

(b) The following section is deleted in full:

(1) Article 80.27 Inspector’s Qualifications

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SECTION TEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-49. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-49 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-49. - Amendments to the International Mechanical Code. (a) The following amendments and additions are made to the International Mechanical Code:

(1) Section 101.1 is amended by inserting: City of Arkansas City, Kansas (2) Section 106.5.2 is amended by inserting: See Arkansas City Comprehensive Fee Schedule for

applicable fee schedule. (3) Section 109.2 is amended to read: The Building Trades Board of the City of Arkansas City,

Kansas (The Board) is hereby appointed as the appeals board to hear any appeals made of decisions of the city code official.

(4) Section 109.6 is amended to read: The Board may modify or reverse the decision of the city

code official by a majority vote of a quorum. (5) Section 601.5 Return Air Openings is amended by deleting item 3. The amount of return air

taken from any room or space shall be not greater than the flow rate of supply air delivered to such room or space.

(6) Section 1009.2 Closed-type expansion tanks is amended by adding to the end of the sentence,

“or as determined by the design professional”. (7) Section 1102.3 Access port protection is amended to read: Refrigerant access ports shall be

protected by standard port caps whenever refrigerant is added to or recovered from refrigeration or air-conditioning systems.

(b) The following sections of the International Mechanical Code are deleted:

(1) Section 109.2.1 Qualifications (2) Section 109.2.2 Alternate members (3) Section 109.6.1 Resolution (4) Section 1101.10 Locking-access port cap

SECTION ELEVEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-50. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-50 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-50. - Amendments to the International Existing Building Code. (a) The following amendments and additions are made to the International Existing Building Code:

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(1) Section 101.1 is amended by inserting: City of Arkansas City, Kansas. (2) Section 108.2 is amended by inserting: See Arkansas City Comprehensive Fee Schedule for

applicable fee schedule. (3) Section 112.3 is amended by inserting: The Building Trades Board of the City of Arkansas City,

Kansas (The Board) is hereby appointed as the appeals board to hear any appeals made of decisions of the city code official.

(4) Section 1401.2 is amended by inserting: Effective Date January 1, 2017.

SECTION TWELVE: AMENDMENT TO MUNICIPAL CODE SECTION 14-51. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-51 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-51. - Amendments to the International Private Sewage Disposal Code. (a) The following amendments and additions are made to the International Private Sewage Disposal Code:

(1) Section 101.1 is amended by inserting: City of Arkansas City, Kansas. (2) Section 101.3 is amended to read: When a private sewage disposal system fails and the public

sewer is available within 300 feet, as provided in Section 62-229(d), the private disposal system shall be abandoned and an approved connection to the public sewer shall be completed, unless otherwise approved by the city engineer or his or her designee.

(3) Section 106.4.2 is amended by inserting: See Arkansas City Comprehensive Fee Schedule for

applicable fee schedule. (4) Section 109.2 is amended to read: The Building Trades Board of the City of Arkansas City,

Kansas (The Board) is hereby appointed as the appeals board to hear any appeals made of decisions of the city code official.

(5) Section 109.6 is amended to read: Limitations on Authority. An application for appeal shall be

based on a claim that the true intent of this code or the rules legally adopted thereunder have been interpreted incorrectly, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this code.

(b) The following sections of the International Private Sewage Disposal Code are deleted:

(1) Section 109.2.1 Qualifications (2) Section 109.2.2 Alternate members (3) Section 109.2.3

SECTION THIRTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-99.

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The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-99 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 14-99. - Permit required. (a) It is unlawful for any person, firm, or corporation to move, haul, or transport any house, building,

derrick, or other structure of the height of 16 feet or over, or width of 14 feet or over, or length of 75 feet or over, upon, across, or over any public highway, local street or alley within the limits of the city, upon which public highway, road, street, or alley any telephone, telegraph, electric light, or electric power wires or other facilities are in place (collectively utilities), without first obtaining a permit therefore.

(b) All applicants for a permit shall complete the application form on file with the public works department

city and submit it, along with the fee set by resolution of the board of city commissioners, and a good and sufficient surety bond in favor of the city in the sum of $10,000.00, indemnifying the city against any damage to streets and any loss or damage suit resulting from the failure of such person, firm, or corporation to comply with the provisions of this article or from their neglect.

(c) Upon receipt of a completed application and permit fee, the code enforcement officer shall investigate

the application and, if the application is true and correct, shall give at least 30 days’ notice of the proposed move to all utilities within the proposed route.

(d) Upon the expiration of 30 days after notice is given, payment by the applicant of the costs described in

Section 14-100 below, and the moving of all affected utilities, the code enforcement officer shall issue a permit for same and, within the permit, designate the route for such moving.

(e) The permit holder shall give the code enforcement officer and utilities not less than 24 hours’ advance

notice of the actual date for the move, provided that should the moving operation be delayed, the permit holder shall give such notice again.

(f) All permits shall be valid for six months after the date of their issuance. SECTION FOURTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-100. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-100 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-100. - Duty of owners. (a) All utilities owning or operating such wires, cables, or other aerial equipment after service of notice of

the move must remove, raise, or cut such wires, cables or other aerial equipment as will be necessary to facilitate applicant’s moving operations within 30 days of notice, and advanced payment or acceptable surety arrangements in lieu of advanced payment of the costs incurred to accommodate the applicant’s proposed move.

(b) Violation of this section shall render such utility liable to the applicant in an amount not to exceed

$100.00 per day for each day such utility fails and refuses to so accommodate applicant’s moving operations.

SECTION FIFTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-101.

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The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-101 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-101. - Molesting wires.

No person, firm, or corporation engaged as principal or employee in moving any house, building,

derrick, or any other structure shall move, touch, cut, molest, or in any way interfere with telephone, telegraph, electric light or electric power wires, or any poles bearing such wires or any other equipment. SECTION SIXTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-102. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-102 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-102. - Code enforcement officer to inspect moving operations.

The code enforcement officer shall inspect the progress of the moving of any house, building, derrick or

other structure to ensure the structure is moved in accordance with this article. To protect pavement, crossings, culverts, drains or bridges on the route, the code enforcement officer may require the applicant to plank such places properly to prevent damage. SECTION SEVENTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-103. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-103 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-103. - Display of lights in barricade.

Any person, firm or corporation engaged in the moving of any building, derrick, or other high or heavy

structure, machine, or thing along, across, or over any street, avenue, alley, or other public property of the city shall keep and maintain red lights at night, visible to anyone approaching the building or other structure from either direction, and shall notify the fire chief and the police chief where the building or structure is stopped for the night. SECTION EIGHTEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-135. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-135 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-135. - Lien created on insurance proceeds. (a) Pursuant to K.S.A. 40-3901 et seq., which is incorporated by reference as if fully set forth herein, the

board of city commissioners hereby creates a lien in favor of the city on the proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a structure located within the city, caused by or arising out of fire, explosion or windstorm, when the proceeds recoverable for all the loss or damage to the structure under all policies is in excess of 75 percent of the face value of the policy covering such insured structure.

(b) The lien arises upon any unpaid tax, special ad valorem levy, or any other charge imposed upon real

property by or on behalf of the city which is an encumbrance on real property, whether or not

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evidenced by written instrument, or such tax, levy, assessment, expense or other charge that has remained undischarged for at least one year prior to the filing of a proof of loss.

SECTION NINETEEN: AMENDMENT TO MUNICIPAL CODE SECTION 14-136. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-136 of the Arkansas City Municipal Code to read as follows: Sec. 14-136. - Encumbrances. (a) Prior to final settlement on any claim covered by this article, the insurer or insurers shall contact the

county treasurer to determine the amount of any encumbrances against the insured property. If any, the insurer or insurers shall execute and transmit in an amount equal to that owing under the encumbrances a draft payable to the county treasurer, to apply to the encumbrance.

(b) Such transfer of proceeds shall be on a pro rata basis by all insurance companies insuring the property. SECTION TWENTY: AMENDMENT TO MUNICIPAL CODE SECTION 14-137. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-137 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-137. - Procedure. (a) When final settlement on a covered claim has been reached between the insured and the insurer, the

settlement exceeds 75 percent of the face value of the policy, and the holder of any first real estate mortgage on the insured property has been paid the amount due under the mortgage, the insurer shall pay to the city 15 percent of the covered claim, unless the code enforcement officer certifies that the damaged structure and debris has been removed or otherwise made safe and secure. Such payment shall be made on a pro rata basis by insurers, if more than one. In addition to payment, the insurer shall provide separately to the city the name and address of the named insured, the total insurance coverage applicable to said structure, and the amount of the final settlement.

(b) Upon receipt, the city shall send by registered mail a notice to the insured of the requirements of this

article, certifying that insurance proceeds have been received. SECTION TWENTY-ONE: AMENDMENT TO MUNICIPAL CODE SECTION 14-160. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-160 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-160. - Streets and avenues.

All houses or buildings fronting public streets in the city shall be numbered in conformity with the

following provisions: (a) On streets running north and south, the numbering shall commence at the intersection of Central

Avenue with number 100 on the east side and number 101 on the west side of the street, and shall increase going north and south, giving each 25 feet a number along the building line to the intersection to the next street; thence commencing with number 200 on the east side and 201 on the west side of the street, and so on through each street.

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(b) On avenues running east and west, the numbering shall commence at the intersection of Summit

Street with number 100 on the north side and number 101 on the south side of the avenue, and shall increase going east and west, giving each 25 feet a number along the building line to the intersection to the next avenue; thence commencing with number 200 on the north side and 201 on the south side of the avenue, and so on through each avenue.

SECTION TWENTY-TWO: AMENDMENT TO MUNICIPAL CODE SECTION 14-161. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-161 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-161. - Placement.

Buildings shall have approved address numbers, building numbers, or approved building identification

placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of ½ inch (12.7 mm). Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. SECTION TWENTY-THREE: AMENDMENT TO MUNICIPAL CODE SECTION 14-162. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-162 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 14-162. - Assignment.

The public works department neighborhood services division shall assign numbers to all buildings in

conformance with the requirements set forth in this article. SECTION TWENTY-FOUR: AMENDMENT TO MUNICIPAL CODE SECTION 14-163. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-163 of the Arkansas City Municipal Code to read as follows (new provisions in italics): Sec. 14-163. - Exception to system.

The code enforcement officer is authorized to establish exceptions to the numbering system described

in this article as may be necessary by the irregular routing of any street or avenue of the city. All changes of this nature shall meet the criteria laid out in the adopted subdivision regulations in Part III of this Municipal Code. SECTION TWENTY-FIVE: AMENDMENT TO MUNICIPAL CODE SECTION 14-195. The Governing Body of the City of Arkansas City, Kansas, hereby amends Section 14-195 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through; new provisions in italics): Sec. 14-195. - Licensing. (a) Generally. All contractors described in Section 14-196 shall obtain a license and may require

certification or examination prior to working in the city.

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(1) An application shall be made in writing to the code enforcement officer, on the form on file

with that office, with the required fee as set by the board of city commissioners. The code enforcement officer shall forward all initial applications to the building trades board for review and approval.

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

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

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

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

renew the license by the date of expiration shall require the applicant to apply for a new license. For any current license that expires May 31, 2013, a renewal license will be issued for 19 months upon payment of a pro rata renewal fee. Persons not renewing by January 31 of each odd-numbered year shall have their certificate canceled and shall be regarded as new applicants for certification and/or examination.

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

residential, and limited contractor shall furnish to the city a good and sufficient surety bond in the sum of $4,000.00, conditioned that the principal and his or her employees, agents, and servants will comply with all of the ordinances of the city, and will hold the city harmless and free from all loss or damage to persons or property resulting out of negligence or failure of such persons to use due care in performing any work for which such license is required. Such bond shall be kept in full force and effect at all times the contractor performs work in the city.

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

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

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

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

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

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

a. $1,000,000.00 — Personal injury*

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b. $2,000,000.00 — Aggregate coverage*

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

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

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

a. $300,000.00 — Personal injury* b. $600,000.00 — Aggregate coverage* *or any equivalent thereto.

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

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

enforcement officer, shall have the power and is directed to suspend for a definite time or to revoke at its discretion any certificate granted pursuant to this article, if after notice and opportunity to be heard, the person holding such certificate is found guilty by the board of violating the terms and conditions of this article or this code, provided such aggrieved person may have ten (10) days before having such certificate revoked to appeal to the board of city commissioners for a review of the facts, conditions and circumstances prompting the building trades board to revoke such license.

SECTION TWENTY-SIX: The Governing Body of the City of Arkansas City, Kansas, hereby authorizes the Mayor and/or City Manager of the City of Arkansas City, Kansas, to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION TWENTY-SEVEN: 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 the date of said publication. PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas, on this 16th day of January, 2018. (Seal) _

Dan Jurkovich, Mayor ATTEST: Lesley Shook, City Clerk

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APPROVED AS TO FORM: Tamara L. Niles, City Attorney

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Ordinance No. 2018-01-____ of the City of Arkansas City, Kansas, adopted by the Governing Body thereof on January 16, 2018, as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

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Item for City Commission Action Section VII Item 1

Meeting Date 1/16/2018

Department/Division Fire-EMS Department

Staff Contacts Jeri Smith / Bobby Wolfe

Title: A Resolution to purchase a 2018 Ford E-450 ambulance chassis from Emergency Medical Services Supply, of St. Louis, Missouri, and contract with Osage Ambulances, of Linn, Missouri, to remount an existing ambulance module onto the new chassis, for a total amount not to exceed $89,675.00. (Voice Vote) Description: The Arkansas City Fire-EMS Department is requesting the purchase of a new 2018 Ford E-450 ambulance chassis to replace an existing 2010 Ford E-450 chassis, which is frequently out of service for repairs (totaling $10,252.61 in 2017). The existing ambulance module will be remounted on the new chassis. Osage Ambulances is the original builder of the current ambulance module and was the only company to include in its bid a loaner ambulance, at no additional cost, during the remount process. This loaner ambulance will allow ACFD to continue to have four (4) ambulances available for EMS response needs. The 2018 budget includes $90,000 for this project. Commission Options: 1. Approve the Resolution. 2. Disapprove the Resolution. 3. Table the Resolution for further discussion. Fiscal Impact: Amount: $89,675.00 Fund: 01 (General) Department: 310 (Fire-EMS) Expense Code: 7403 (Vehicles)

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

City Manager

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RESOLUTION NO. 2018-01 A RESOLUTION APPROVING THE PURCHASE OF A 2018 FORD E-450 AMBULANCE CHASSIS FROM EMERGENCY MEDICAL SERVICES SUPPLY, OF ST. LOUIS, MISSOURI, AND CONTRACT WITH OSAGE AMBULANCES, OF LINN, MISSOURI, TO REMOUNT AN EXISTING AMBULANCE MODULE ONTO THE NEW CHASSIS, FOR A TOTAL AMOUNT NOT TO EXCEED $89,675.00. 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 to purchase a 2018 Ford E-450 ambulance chassis from Emergency Medical Services Supply, of St. Louis, Missouri, and contract with Osage Ambulances, of Linn, Missouri, to remount an existing ambulance module onto the new chassis, for a total amount not to exceed $89,675.00. 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. 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, on January 16, 2018. (Seal) Dan Jurkovich, Mayor ATTEST: 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. 2018-01-____ of the City of Arkansas City, Kansas adopted by the governing body on January 16, 2018 as the same appears of record in my office. DATED: _________________ Lesley Shook, City Clerk

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12/11/17 3:12 PM 1 of 2

Quote for:Arkansas City, KS

Remount Customer's T3 ambulance on 2018 E450 Chassis TOTAL PRICEgood thru: 3/31/18 and pending chassis availability $88,925

QtyOption Code Description

1.000 CHASSIS1 1.117 Supply new 2018 Ford E450 (158"wb DRW) chassis; 6.8L V-10 gas engine1 1.201 OEM Supplied rear suspension (T3)1 1.281 Extend chassis OEM exhaust to RR body corner1 1.301 Fabricate and install custom metal front console with drink holders and map/binder storage1 1.404 Install (2) new Federal siren speakers1 1.426 Delete old air horn system1 1.531 Install chassis high idle system with switch in cab1 1.584 Factory remote mirrors pre-installed on chassis1 1.602 Install new aluminum diamondplate running boards with punched holes and LED lighting (T3)1 1.701 Install new 16" stainless steel wheel covers1 1.783 Install ON-SPOT rear axle tire chain system on chassis - air actuated (preferred)1 1.985 Install black rubber floor mats

2.000 BODY1 2.001 Complete modular body structural integrity inspection1 2.101 Remount body (T3-T3)

3.000 PAINT/STRIPING/LETTERING1 3.099 PPG Certified paint processes; DelFleet Polyurethane Premium Paint1 3.108 Touch up modular body and buff out1 3.201 Repaint front of modular body (T3-T3)1 3.547 Chevron Reflective Striping applied to cover rear of ambulance - NOT including doors (red/yellow)1 3.582 Perforated privacy/one way see-thru vinyl on rear windows; printed Stars of Life1 3.699 Install new Arkansas City lettering & graphics with gold leaf on black on cab doors and rear doors

4.000 EXTERIOR ELECTRICAL1 4.099 ALL LED WARNING LIGHTS TO HAVE CLEAR LENSES (unless otherwise specified)1 4.108 Install (2) new red Whelen MICRON LED warning lights in front grille (clear lens with chrome bezel)1 4.208 Install (2) new red Whelen MICRON LED intersection warning lights on front fenders (clear lens with chrome bezel)1 4.304 Install (7) new Whelen 900 series Super LED warning lights on front of body (R/R/R/C/R/R/R)1 4.401 Install (4) new red Whelen 900 series Super LED warning lights on sides of body: (2) each side upper corners1 4.521 Install (4) new red Whelen 900 series Super LED warning lights on rear of body: (2) at upper corners and (2) at rear window level1 4.602 Install new Whelen 600 series LED brake, LED turn lamp, and LED back-up light assemblies with trim rings 1 4.651 Install LED marker lights1 4.711 Install (4) new Whelen 900 series SuperLED Opti-scene lights: (2) each side upper corners1 4.712 Install (2) new Whelen 900 series SuperLED Opti-scene lights at rear above doors

5.000 INTERIOR ELECTRICAL1 5.101 Install new solid state electrical system in modular body1 5.152 Install new front and rear switch panels with Carling style LED rocker switches (front to have digital gauges)1 5.182 Front Switch Panel to have "Module Disconnect" switch - Battery On to be controlled by Ignition thru Commander 3571 5.204 Install new Whelen 295SLSA1 siren control head 1 5.241 Install new Whelen Howler siren2 5.421 Install (qty) 18" LED fixtures2 5.423 Install (qty) 12" LED fixtures8 5.456 Install (qty) Whelen LED interior dome lights (8" round- 6LED)1 5.501 Install USB charging ports in front console switch panel; 2.1A and 1.0A ports1 5.502 Install USB charging ports in rear action area (integrated in 110v receptacle); 3.1A ports1 5.801 Install new 1000 Watt minimum inverter/battery conditioner1 5.854 Install a refrigerator unit with combination lock in ALS cabinet area1 5.903 Transfer Customer's radios and install in new console

Page 49: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

12/11/17 3:12 PM 2 of 2

6.000 HVAC/VENTILATION/OXYGEN/VACUUM1 6.105 New Heat & A/C unit with hoses, fittings and brushless blower motor (T3)1 6.108 - Install a new digital thermostat and automatic climate control1 6.501 Leak test oxygen system1 6.801 Test suction pump for proper operation and inspect vacuum lines - replace as needed1 6.901 Inspect patient compartment exhaust fan for proper operation and replace as needed

7.000 OUTSIDE FINISH1 7.103 Install new stainless steel front corner rock guards1 7.121 Install new ADP rear kick plate with new cast license plate housing1 7.201 Install new rear bumper with ADP endcaps1 7.321 Install new black rubber mud flaps behind rear wheels1 7.401 Adjust and lubricate all compartment and entry door latches & hardware - replace as necessary1 7.429 Install non-skid on all grip surfaces of exterior door latches1 7.445 Install hidden chassis unlock button in license plate frame1 7.451 Install all new door seals on all compartment and entry doors1 7.452 Install all new door seals on compartment and entry doors where needed1 7.457 Install new drip moldings above all compartments and entry doors1 7.463 Install new stainless steel lower door panels on all entry doors1 7.473 Re-seal patient module windows

8.000 INSIDE FINISH1 8.151 Thoroughly clean existing modular body floor1 8.401 Remove all plexiglass and buff or replace as needed; add dividers on upper street side and curb side1 8.741 Install a new Captain's Chair with 3 point seatbelt and Child Safety Seat1 8.883 Install a new Intellitec time manager clock above rear patient entry doors

9.000 MISC1 9.101 Clean entire truck inside and outside (Grade A)1 9.109 Performance test entire vehicle and inspect with 100+ point checklist1 9.202 2010 E450 Chassis Trade-In Allowance (in good running condition)1 9.305 Chassis manufacturer rebate (FIN/GPC Qualified Customers)1 9.401 Loaner supplied by ARROW at no charge during build process (proof of insurance required)1 9.901 Transfer customer's license plates to new truck1 9.902 Full tank of fuel1 9.998 Quote FOB Rock Rapids, IA1 9.999 Discount

Page 50: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

“Specializing in Emergency Vehicles”

801 South East Street ~ P.O. Box 349

Rock Rapids, IA 51246 1-800-743-3157

FAX 712-472-3156 www.arrowmfginc.com ~ [email protected]

December 11, 2017 Arkansas City Fire/EMS Department 115 S. D Street Arkansas City, KS 67005 Arrow Manufacturing Inc. hereby proposes to furnish to you, subject to your acceptance of this proposal the following vehicle and equipment in accordance with the attachments hereto: $88,925 Remount Customer’s Osage Type 3 Ambulance per quote attached dated

12/11/2017 on a New Ford E450 6.8L V-10 Gas chassis. Recondition with options as described. Includes all applicable warranties.

($1,500) Chassis model-year discount (New 2017 E450 6.8L V-10 Gas)

$87,425 TOTAL FOB: Rock Rapids, IA Approximate Completion: 120-150 days. Completion is dependent on parts availability and any changes made by customer after receipt of order. Terms: (40%) deposit with receipt of signed proposal. Balance due upon pick up. Payment required no more than 30 days after notice of final completion. Arrow Manufacturing Inc. reserves the right to withdraw or amend this proposal if not accepted by December 31, 2017. Please sign and fax/email back as your acceptance of this proposal. Respectfully Submitted by: Agreed and Accepted by: ARROW MFG. INC. ARKANSAS CITY FIRE/EMS DEPARTMENT _________________ ____________________ (signature) (signature) __________________ ____________________ (proposal date) (acceptance date)

Page 51: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

Chassis2018 Ford E450 158" WB, 6.8 Liter V10 Gas w/OEM Remote Mirrors.

New Cab Seal Between Module & Cab

New Mud flaps

New ADP Running Boards w/ Raised Punch Holes

New Phoenix Wheel Simulators with Valve Extensions

New Back-up Alarm w/cancel switch

Cast Thru Bumper Siren Speakers SAD/SAP - 4319-08E35-1

(2) TecNiq 500 Series Super Red LED w/Clear Lens for Grille Lights K50-RC00-1 with Chrome Flange

(2) TecNiq 700 Series Red LED w/Clear Lens for Intersection Lights K70-RC00-1 w/Chrome Flange

Transfer Air Horns from old chassis to new chassis. Will require new air horn bracket and Air Lines

Replace S/S damaged trumpet

Onspot Tire Chains for E-450

Whelen HOWLER speakers w/ HWLRB4

Module Body ExteriorBase Remount (includes new mounts & hardware, full module structural inspection)

Paint Stripe on New Chassis to match Existing

Buff & Touch Up Minor Chips on Existing Paint on Module

Type III Ford E-450 Chassis Remount for Arkansas City2010 Osage Type III

Page 52: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

Re-use Fenderettes

Re-use ADP Stoneguards,Corner Guards, Rear Kick plate & Stainless Thresholds on Bottoms

of all Module Doors

Re-use Polished Extruded Aluminum "C" Channel Rub Rails

Re-use Cast Fuel Fill Bezel w/ Stainless Steel Spillway

Re-use Cast Products License Plate Bezel w/ LED Top Lights

New Heavy Duty Rear Bumper Steel Sub-Frame w/Aluminum Diamond Plate Bumper Pods and Punched Surfaced Flip-up Step

Re-use Cast Products Door Grabber

All Compartments to be Checked for Proper Draining & Venting

Re-use all Existing Exterior Door Handles

Re-use all Compartment Rotary Latches

Re-use all Exterior Door Struts

Clean & Reuse Module Windows

New Door Seal

Heat/ACInstall New ACC High Output HVAC System w/digital thermostat

(620CFM Heater/AC- w/43,000 BTU heating capacity & 32,000 BTU cooling capacity)

ElectricalTest & Reuse Current Electrical System Customer will be notified of any found issues

New .125 Alum. Line-X Console w/Map Box and cup holders

New CDR 357 Module Disconnect Switch

(1) Whelen ULF44 Flasher for Brake-OverRide

Hidden unlock in License Plate

Install Intellitec Digital Clock in Patient Compartment over Rear Entry DoorsInstall Intellitec Digital Clock in Patient Compartment over Rear Entry Doors

Install (2) Kussmual USB Ports (1) Located on Console and (1) Located in Action Area

New Vanner Lifestar 20-1050CUL-DC Inverter/Charger w/ LSIR Inverter and LSCR Charger Panels

New Whelen 295SLSA1

Department 2 Way Radio'sReinstall Department Mobile Radio's to existing locations

Page 53: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

D.O.T / Emergency Warning Lights(4) New TecNiq 900 Series Red LED w/Clear Lens K90-RC00-1 & (3) TecNiq 900 White LED K90WC00-1 & Chrome Flange(Front Wall)

(4) New TecNiq 900 Series Red LED w/Clear Lens K90-RC00-1 & Chrome Flange (Module Sides)

(2) New TecNiq 900 Series Red LED/Clear Lens K90-RCS0-1 & Chrome Flange for Mid-heights on Rear. Wire

the Lights to Brake Over-Ride

(6) TecNiq 900 Series LED Scene/Load Lights K90-SW00-1 w/ Chrome Flange

(2) TecNiq 600 Series LED Back-up Lights K60-WBU0-1 w/Chrome Flange

(2) TecNiq 600 Series LED Brake Lights K60-STC0-1 w/Chrome Flange

(2) TecNiq 600 Series LED Turns K60-ACAO-1 w/Chrome Flange (2) for Front Wall

(14) New TecNiq S17 Series LED Clearance Lights (7) Amber and (7) Red

Module Interior

Inspect all interior cabinets, tighten all hardware, replace any missing screws, replace any cracked plexiglas

Clean and re-use Flooring

New Grip Tape on new Stainless Thresholds on Rear & Side Entry

New EVS 3 Point Seat Belt Attendant Seat w/ Child Safety Seat on a two Position Swivel Base

Clean and re-use interior vinyl, cushions, back rest ect.

Install (8) New TecNiq 31 LED Hi/Low interior Dome Lights

TecNiq LED Strip Lights to replace fluorescents (4)

New TecNiq White LED Primary Action Area Light (1) E35-WB00-1 (Stock)

New TecNiq White LED Primary Side Entry Step Area Light E06-WS00-1

Replace all interior plexi-glas

Add (8) plexi-glas dividers in interior cabinets on upper S/S and C/s

Install all new cabinet latches on new plexi-glas

New ACC 1.2 cu ft. Tropicool Cabinet installed in top of ALS

Medical EquipmentTest Oxygen System and repair any found leaks

Test Suction System and repair any found leaks

Page 54: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

GraphicsGraphics on Cab to match existing layout and lettering on rear to match picture sent by Danko

Two Color Full 3M Diamond Grade Chevron

Blue SOL on White Perferated material installed on rear windows

Predelivery Testing and Prep30 mile Road Test

Grade A Clean & Detail Entire Unit

Test & Recertify all Systems. Weigh & Apply KKK Weights/Paint Stickers.

Install No Smoking & Fasten Seat Belt Signage

Fill with Fuel

(500.00)$ Chassis Trade-In Value (Title Required When Unit is Brought to our Facility)

2010 Ford E-450 - Approx. 89,000 miles Diesel

(4,800.00)$ Ford GPC Discount (Ford Fin Number QA849)

Optional: Prices Not Deducted in Total(1,500.00)$ Chassis Prepay $36,195.00. Discount (Due Upon Acceptance of Contract)

Page 55: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

PROPOSAL FOR FIRE APPARATUS

TO:

Dear Sirs: We hereby propose and agree to furnish, after your acceptance of this proposal and the proper execution and approval of the accompanying contact, the following apparatus:

All of which are to be built in accordance with the specifications attached, and which are made a part of this agreement and contract to deliver same by calendar days after receipt of signed and accepted contract at Danko Emergency Equipment, Co. proposal subject to all causes beyond our control, for the sum of:

($ ) F.O.B.

Terms:

All payments of any nature must be paid directly from the customer to Danko Emergency Equipment Company in Snyder, Nebraska. The amount named in this proposal shall remain firm for a period of days from the date of same. Respectfully Submitted We agree to accept the above proposal DANKO EMERGENCY EQUIPMENT CO. (Customer signature)

Title: Title:

Date: Date:

Revised March 1, 2006 (Form Number 2007)

www.DANKO.net

DANKO EMERGENCY EQUIPMENT CO.302 East 4

TH Street • PO Box 218 • Snyder, NE 68664-0218

Phone (402) 568-2200 • Fax (402) 568-2278 • [email protected]

Toll Free (866) 568-2200

ADMIN
Typewritten Text
Page 56: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

EMERGENCY SERVICES SUPPLY

6641 CHRISTOPHER DRIVE ST. LOUIS, MO 63129

314/846-0911 Fax 314/846-4445 Cell 314/406-1723

__________________________________________________________________________ DATE: 12/11/17 ESTIMATION TO: Arkansas City Fire/EMS, KS, Jeri Smith DELIVERY LOCATION: 115 S. D Street, Arkansas City, KS 67005 DELIVERY TIME: April 2018 PAYMENT: Net on delivery 2018 Osage Type III ambulance Remount with a 2018 Ford E450, Gasoline, 158” wheelbase, dual rear wheel cab chassis & built as listed herein: TOTAL DELIVERED PRICE - - - - - - - - - - - - - - - - - - - - - - - - - - $91,375.00 TRADE-IN ON 2010 CHASSIS - - - - - - - - - - - - - - - - - - - - - - - - - ($1,700.00) TOTAL NET DELIVERED PRICE - - - - - - - - - - - - - - - - - - - - - - - $89,675.00

Estimation includes all items after meeting with Arkansas City Fire/EMS Department. Delivery to Arkansas City included.

Kyle Shimmens ESS/Osage Ambulances 573.469.5683 [email protected]

Page 57: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

Chassis: 2018 Ford E450, gasoline, 158” wheelbase, dual rear wheel chassis. 6.8 L EFI Triton V10 Gas w/ OEM Block Heater Engine Hour Meter Ford Auxiliary Idler Control Unit 6-Speed Electronic Transmission with Overdrive 4 - Wheel Disc Brakes w/ ABS 4.56 Gear Ratio w/ Limited Slip Install 1 USB Port in Cab area Stainless Steel Wheel Simulators w/Valve Stem Extensions Aluminum Diamond Plate Running Boards On-Spot Chains with Safety Switch Rear Mud Flaps Rear tow hooks Dual Air Bags Ford Interior / Exterior Trim Package Dual Map Lights Tilt Steering Wheel & Cruise Control Electric Windows & Door Locks Remote Keyless Entry AM/FM/CD Stereo Clock Radio Deluxe Cloth High Back Captain’s Chairs Ford OEM Mirrors with Power Adjust Daytime Running Lights Install new back up alarm. New console, reuse old switch panel with cup holders Remount detail: 2018 Osage Type III remount standards, and options as below: Loaner Ambulance supplied by Osage during Remount Process 3 year / 36,000 mile limited remount service, paint, and component warranty. All New LED exterior lights with new Chrome Flanges: Warning Lighting on top, sides, & rear of module Rear lights (brake, turn, tail) Clearance Lights Grill lights Intersection Lights Re-use current Fog Lights Remove Existing Air Horn System and Reinstall onto New Chassis, replacing all Air Lines and Control Solenoid – Included a new Trumpet on driver Side New Whelen Howler All New LED Scene Lights – rearmost switched on in Reverse All New LED lights on interior of patient module – Dome, Thin-Lites Interior Ceiling, Action Area, Step Well New Whelen Whelen 295SLSA1 Siren & new Siren Speakers New Vanner 1000 Inverter / Battery Conditioner 1050 Remove Cargo Net Install Dometic Drawer Refrigerator CD-30 1.1 Cubic Feet in lower ALS Install tracks & Plexiglass dividers in B/C & E street side cabinets, & cabinets above curb side seat Hidden switch in License Plate for door unlock Install Lacrosse Atomic Digital clock Add USB port in Action Area wall Clean and Apply (2) coats of sealer to floor; replace skid tape New EVS EMT w/Child Seat and 3-pt Seatbelts w/New Base Replace All Plexiglass on interior of patient module with Smoke Tinted plexiglass Replace the latches on the Three Speed Load cabinets with new locking latches Install Digital Thermostat Leave Hook & Antler Cot Mounting system as-is Price includes a Stryker Performance Load compatibility kit to be provided & installed by Stryker Complete module Buff & Chip Repair

Page 58: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

Replace Module Door Seals Cab Doors - Paint Scheme / Striping / graphics per Arkansas City mock-up Rear Chevrons On & Around Rear Doors - 6" Oracal Reflexite Chevron Two-Color per mock-up Clear-View Stars-of-Life on Rear Windows Re-Seal glass on module door windows New 275 amp battery switch New 200 amp master switch Test O2 System Test all Electrical & Siren Systems New cast fuel fill & full tank of fuel at delivery Total Detail & Clean Up

Page 59: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

Subject to limitations, provisions and conditions set forth in this Warranty, Osage Industries, Inc. does hereby warrant to each

Purchaser Only that this ambulance remount work shall be free from defects in workmanship and materials used in the

remount process for a period as follows:

A. For THREE 3 years or 36,000 miles, whichever comes first, from the date of the purchase, Osage Industries, Inc.

will repair or replace, at no cost to purchaser, only those components manufactured by Osage Industries, Inc. for use

in a remount vehicle and excludes components from other manufacturers used in such conversions; i.e. sirens,

inverters, lightbars, oxygen equipment, chassis, etc. Individual warranties are covered by those manufacturers

included in the Owner’s Manual as supplied with the vehicle and shall apply as set forth by said manufacturer.

Osage will not assume liability or responsibility for components, which are reused. Osage will only reimburse labor

up to (3) years on those components with more than a (3) year warranty.

B. For THREE 3 years or 36,000 miles, whichever comes first, from the date of the purchase, Osage Industries, Inc.

will cover the cost of labor and material, in the repair or replacement of the electrical systems furnished and installed

by Osage Industries, Inc. This warranty shall include all wiring, terminals and connections and general design

concept used by Osage Industries, Inc. at the time of the remount. This warranty shall not apply to any electrical

equipment furnished and warranted by other manufacturers. These warranties shall be limited to component

manufacturer’s policies. Osage will not assume liability or responsibility for components, which are reused.

C. Paint—For THREE 3 years or 36,000 miles, whichever comes first, from the date of the purchase, Osage

Industries, Inc., will cover the cost of labor and materials on repairs ONLY to the module body paint, and cab stripe,

if Osage has done a total repaint. Pinstripe is covered for a period of Six (6) months. Warranty covers cost of parts

and labor, providing problem is agreed upon by both parties (purchaser and seller) to be a manufacturing defect.

The above warranties are conditioned upon normal use and reasonable maintenance and do not apply to any components,

which have been subject to abuse, accident, alteration, vandalism, and improper or careless use. Any modification of any

description made to any components on the conversion, without written approval by Osage Industries, Inc. shall void the

warranty of said system and components parts.

Prompt written notice of all defects or claims against Osage shall be forwarded to Osage Industries, Inc., P.O. Box 718, Linn,

Missouri (MO) 65051, or by calling at 800-822-3634. No repairs or additions shall be performed without prior approval from

Osage Industries, Inc. Osage Industries, Inc. reserves the right to reject unauthorized claims and its decision in these matters

shall be final.

If warranty repairs are necessary, all work must be performed by Osage Industries, Inc. or a repair center authorized by Osage

Industries, Inc. It is the responsibility of the purchaser to transport vehicle to and from Osage Industries, Inc., Linn, Missouri

(MO), or the repair center authorized by Osage Industries, Inc. for warranty repairs. Osage is not responsible for any loss or

damage that may occur during said transportation.

Any expressed warranty not provided herein and any remedy for breach of contract which might arise by implication or

operation of law, is hereby excluded and disclaimed. The implied warranties of merchantability and fitness for any particular

purpose are expressly limited to the terms stated above. Some states do not allow limitations on how long an implied warranty

lasts. Therefore, the above limitations may not apply to you.

Under no circumstances shall Osage Industries, Inc. be liable to purchaser or any other person for any special or consequential

damages, whether arising out of breach of warranty, breach of contract, or otherwise. Some states do not allow the exclusion

or limitation of incidental or consequential damages. Therefore, the above limitations or exclusions may not apply to you.

This Warranty gives you specific legal rights, and you may have other rights, which vary, from state to state.

Document Control Number OM 19-1-33 REV E

Emergency Vehicle Limited Warranty

REMOUNT

Page 60: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas
Page 61: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas
Page 62: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas
Page 63: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas
Page 64: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas
Page 65: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas
Page 66: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas
Page 67: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

Item for City Commission Action Section VII Item 2

Meeting Date 02/16/2018

Department/Division Police

Staff Contact Chief Dan Ward

Title: A Resolution approving the purchase of one 2018 Dodge Charger Police vehicle from Zeller Motors, Arkansas City, for an amount not to exceed $20,875. (Voice Vote)

Description: A 2010 Ford Crown Vic with 106,000 miles is being replaced with this purchase. We are budgeted for three vehicle replacements in 2018. This is the first of those replacements. The other two will occur later in the year as those vehicles have lower miles and are not ready for replacement.

Commission Options: 1. Approve the Resolution 2. Disapprove the Resolution 3. Table the Resolution for further discussion.

Fiscal Impact: Amount: $20,875 Fund: 01 Department: 421 Expense Code: 7403 (Police/Motor Vehicles)

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

City Manager

Page 68: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

RESOLUTION NO. 2018-01

A RESOLUTION APPROVING THE PURCHASE OF ONE 2018 DODGE CHARGER POLICE VEHICLE FROM ZELLER MOTORS, ARKANSAS CITY, FOR AN AMOUNT NOT TO EXCEED $20,875. 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 purchase one 2018 Dodge Charger Police vehicle from Zeller Motors, Arkansas City, for an amount not to exceed $20,875. 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. 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, on January 16, 2018. (Seal) Dan Jurkovich, Mayor ATTEST: 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. 2018-01-____ of the City of Arkansas City, Kansas adopted by the governing body on January 16, 2018 as the same appears of record in my office. DATED: _________________ Lesley Shook, City Clerk

Page 69: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

2018 ACPD Vehicles Bids

Vehicle Type Ford Special Services Police Sedan Dodge Charger Police Ford Special Services Police Sedan

Reedy Ford Zeller Motors Rusty Eck Ford

Vehicle Base Price 24,185$ 22,000$ No bid submitted

Options 535$ 375$

Trade In Allowance 2,200$ 1,500$

Total 22,570$ 20,875$

Page 70: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

2018HOUSE BILL NO. ____

By Committee on Commerce, Labor and Economic Development

AN ACT concerning the Kansas roofing contractor registration act; relating to the exemption for commercial property owners; amending K.S.A. 2017 Supp. 50-6,129 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2017 Supp. 50-6,129 is hereby amended to read as follows: 50-6,129.

(a) The roofing contractor registration act shall not apply to:

(1) An actual owner of commercial, residential or farm property who physically

performs, or has employees who perform, roofing services including, construction, installation,

renovation, repair, maintenance, alteration, waterproofing or removal of materials or structures

on such owner's own dwelling or another structure located on the commercial, residential or farm

property owned by such person without the assistance of any registered roofing contractor;

(2) any authorized employee, representative or representatives of the United States

government, the state of Kansas, or any county, municipality, or other political subdivision of

this state;

(3) any person who furnishes any fabricated or finished product, material, or article of

merchandise which is not incorporated into or attached to real property by such person so as to

become affixed thereto;

(4) any person employed by a manufactured home and modular home manufacturer

while performing services and work for the manufactured home and modular home

manufacturer;

(5) any person registered as a home inspector pursuant to K.S.A. 58-4501 et seq., and

amendments thereto, while performing functions pursuant to that act;

Page 71: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

18rs2439- 2 -

(6) any person employed by a manufactured home dealer while acting within the scope

of that license;

(7) any person employed as a manufactured home installer while acting within the

scope of that license; and

(8) any person who engages in providing roofing services that on each and every

undertaking or project during any fiscal year bear an aggregate price, including labor, materials

and all other items, that is quoted, bid, offered, agreed, contracted, billed, collected and paid at

less than $2,000. This exemption does not apply to a person who advertises or puts out any sign

or card or other device which might indicate to the public that the person is a roofing contractor

or that the person is qualified to engage in the business of a roofing contractor.

(b) Any administrative or governing body with authority to enter into public contracts

shall require individual roofing contractor registration for purposes of such persons submitting or

entering into any bid or contract.

Sec. 2. K.S.A. 2017 Supp. 50-6,129 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its publication in the

statute book.

Page 72: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

Account Division Item Amount Fund Total

19-541-7403 Sanitation Sanitation Equipment - 2 Ton Flatbed Dump Truck 85,000.00$

19-541-7403 Sanitation Sanitation Equipment - Crew Cab 4x2 Pickup Truck 28,000.00$

19-541-7405 SanitationSanitation Equipment - Packer Unit One Armed Bandit (Recycling)

250,000.00$

21-542-7405 StreetsStreets Equipment - Snow Plows and Sander with Mounts

50,000.00$ 50,000.00$

15-544-7405 Stormwater Stormwater Equipment - 72" Mower 18,500.00$ $ 18,500.00

16-651-7405 Water Treatment Water Treatment - Fork Lift 32,000.00$

16-653-7403 Water DistributionWater Distribution Equipment - 1 Ton Truck with Utility Bed

36,000.00$

16-653-7403 Water Distribution Water Distribution Equipment - 1 Ton Dump Truck 40,000.00$

16-653-7405 Water DistributionWater Distribution Equipment - Hammer Attachment

14,000.00$

01-207-7403 Neighborhood Services 4x4 SUV for Emergency Mgmt 20,000.00$

01-207-7405 Neighborhood Services Warning Siren 18,000.00$

Neighborhood ServicesTotal

$ 38,000.00

01-310-7404 Fire Department Re-mount Ambulance 90,000.00$

01-310-7405 Fire Department Fire Hose 10,000.00$

01-310-7405 Fire Department Patient Cot 16,500.00$

01-310-7405 Fire Department Portable Radios 22,500.00$

01-310-7405 Fire Department PPE 13,000.00$

Fire DepartmentTotal

$ 152,000.00

01-421-7403 Police Department Replace (3) Patrol SUV's 65,000.00$

01-421-7405 Police Department (4) Tasers 5,000.00$

01-421-7405 Police Department Hand held protective barrier for patrol 11,000.00$

01-421-7502 Police Department (3) Vehicle Radios 3,500.00$

01-421-7503 Police Department(3) In-car camera systems and (4) body worn cameras

20,000.00$

01-421-7504 Police Department (7) In-car Computers 10,000.00$

Police DepartmentTotal

$ 114,500.00

01-530-7403 Parks & Facilities Bucket Truck 150,000.00$

1,008,000.00$ 1,008,000.00$ Totals

454,500.00$

$ 363,000.00

2018 Capital Outlay Budget

122,000.00$

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Item for City Commission Action Section IX Item 1

Meeting Date 1/16/2018

Department/Division City Manager

Staff Contacts Lesley Shook / Andrew Lawson

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

November 13, 2017 — Retired Citizens Advisory Council

November 14, 2017 — Planning Commission

December 11, 2017 — Arkansas City Public Library Board of Trustees Commission Options: 1. No action needed. Fiscal Impact:

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

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

City Manager

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Retired Citizens Advisory Council

Arkansas City, Kansas

Meeting: November 13, 2017

Meeting was held at the Arkansas City, Kansas Senior Center convening at 1:00pm.

In Attendance: Mrs. Carol Goldwater

Mrs. Jerri Achenbach Mr. Gary Humiston

Mr. Jerry Campbell

Kristin Sparks Andrew Lawson

Meeting was brought to order with prayer by Carol Goldwater.

Previous meeting minutes were approved by Gary, 2nd by Jerri. Minutes approved.

Old Business: Discussion on how well the Dance went. Not many in attendance. Update was

given on needed van.

New Business:

Update was given on Senior Center events and happenings.

Motion was made by Jerry to adjourn meeting, second given by Jerri, meeting adjourned.

Next Meeting – December 11, 2017 @ 1:00pm

Submitted by: Kristin Sparks, Director of Senior Services

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Arkansas City Planning Commission City Hall Commission Room 118 W Central Ave Board of Zoning Appeals

Meeting was called to order on November 14, 2017 at 5:30 PM:

Roll Call: Mary Benton [x ] Albert Brown [ ] Gordon Fry [x ] Charles Jennings [x ] Mike Munson [x ] Andy Paton [ ]

Dr. Scott Rogers [x ] Chris Tackett [ ] Brian Wells [ ]

Staff present at the time of roll call: Principal Planner Josh White and Public Information Officer Andrew Lawson. Also in attendance: Thomas Langer, City Cowley County Health Department; Chasity Bain, Meadowwalk Apartments; and Kirk Miller, KE Miller Engineering.

1. Declaration: At this time I would like to ask the Planning Commission members to make a declaration of any conflict of interest or of any Ex parte or outside communication that might influence their ability to hear all sides on any item on the agenda so they might come to a fair decision. Munson expressed that he would abstain as he was directly connected to Arkansas City Industries who was selling the land to the developer.

2. Public Comments: Tom Langer with the City-Cowley County Health Department gave a presentation about RISE Cowley and their initiatives.

3. Consent Agenda:

Meeting Minutes, September 12, 2017 meeting.

A motion was made by Jennings and seconded by Benton to approve the September 12, 2017 meeting minutes as

written. Voice vote carried the motion.

New Business:

4. Hold a public hearing to consider the preliminary plat of Compass Point Addition

A motion was made by Fry and seconded by Benton to open the public hearing. Voice vote carried the motion. Meeting

was turned over to White for the staff report. This is a major plat made up of 57 lots. The area around the proposed

plat is agricultural and residential. The lots are small but meet minimum zoning standards. There will be three new

streets and new utilities for the subdivision. Some utility easements will be necessary. Skyline Road serves as access to

the subdivision and the recent improvements should be able to handle the additional traffic. The plat meets

conformance with the Comprehensive Plan. The Technical Advisory Committee recommended that Valley View Drive be

renamed as it conflicts with another city street name. The proposed setbacks would require a variance from the Board

of Zoning Appeals. Utility easements on the front setbacks should be dedicated because of the narrow right of way.

Utility plans would have to be submitted for approval. A sidewalk should be added along Skyline Road. Staff

recommends approval of the preliminary plat subject to the conditions that the rezoning and annexation must be

applied for and approved and the recommendations of the Technical Advisory Committee are complied with. Fry asked

if the electric would be overhead or underground, Miller replied underground. Fry asked about water/fire service.

Miller explained it would be looped around the subdivision with appropriate fire hydrants spaced at 400 foot intervals.

He also stated that the water lines would be 8”. Jennings asked if a drainage plan and street plan was included. White

discussed the streets and felt that Skyline improvements would be sufficient but that if improvements were needed

upon expansion of the development to the west, further improvements would then be discussed. Fry asked about

sewer lift stations. Miller replied it wasn’t anticipated depending on how the grade worked out for the sewer extension.

Fry asked about the land at the south portion of the project. Miller stated the land purchase was under contract. Fry

made a motion and Benton seconded to close the public hearing. Voice vote carried the motion. Fry made a motion to

approve the preliminary plat of Compass Point Addition subject to the conditions set forth in the discussion. The

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motion was seconded by Benton. Jennings asked for clarification on the drainage plan. White confirmed there had

been a drainage plan submitted for review. Vote was taken by roll call.

Roll Call: Benton [ Y] Brown [ ] Fry [Y ] Jennings [Y ] Munson [ABS ] Paton [ ] Rogers [Y ] Tackett [ ] Wells [ ]

Rogers declared the motion passed.

5. Other Items: There are no items to go before the Board of Zoning Appeals

White stated the final plat was proposed to come back next meeting. He also pointed out an alternative to the variance

was the Housing Opportunity Overlay District but they would have to apply for it. Fry asked if the project had a timeline.

White said he had no definite timeline but assumed spring. Benton asked about pricing. White indicated he heard they

were going for moderate income housing. Jennings asked about the Redwood Development project. White indicated

the project was still proposed but the tax credits were denied originally and they were reapplying. Munson asked if

Compass Point had been awarded a grant but White was unsure and Mr. Miller had already left the meeting.

6. Adjournment:

Jennings made a motion to adjourn and Fry seconded. Voice vote carried the motion. Meeting adjourned at 6:22pm.

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MINUTES

Arkansas City Public Library Board of Trustees Regular Meeting – December 11, 2017

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

December 11, 2017 at 7:00 p.m. at the Public Library, 120 E 5th Avenue, Arkansas City, KS.

MEMBERS PRESENT: Kayleigh Lawson, President

Mitch Reichle, Treasurer

Duane Oestmann, City Commissioner, ex-officio

Marilyn Stout

Jerry Hooley

Kammy Downs

MEMBERS ABSENT: Blanche Schmidt, Vice President

Melissa Paton, Secretary

STAFF PRESENT: Mendy Pfannenstiel, Director

OTHERS PRESENT: Carl Bowker, Library Patron

Kayleigh Lawson called the meeting to order at 7:00 p.m.

Motion by Hooley to approve the minutes of the November 13, 2017 Library Board meeting. Second by

Stout. Approved unanimously.

Pfannenstiel provided a Director’s report to the Board.

Motion by Oestmann to approve the Treasurer’s Report for November. Second by Downs. Approved

unanimously. The November report shows that we have total assets of $290,755.75 ($2,702.81 in current

liabilities, $48,546.31 in the operating fund, $224,528.07 in the capital improvement fund, and $14,978.56 in

the grant fund). To date, the 2017 budget shows that we have accepted 99% in total receipts and expended 91%

in disbursements.

Motion by Downs to establish a charge account at Country Mart. Second by Stout. Approved

unanimously.

Motion by Oestmann to approve the 2018 closure dates. Second by Reichle. Approved unanimously.

Motion by Stout to approve the new 2018 hours of operation. Second by Reichle. Approved unanimously.

The new Saturday hours of operation will be from 10 a.m. to 2 p.m. instead of 10 a.m. to 6 p.m., beginning

January 2, 2018. The Library will close for winter hours at 7 p.m. instead of 8 p.m., Monday-Thursday,

November-February, beginning January 2, 2018.

Motion by Reichle to approve the final 2018 Budget. Second by Hooley. Approved unanimously.

With there being no further business, the meeting concluded at 8:02 p.m.

Secretary (or Board member in lieu of Secretary) Date

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In order to be in compliance with the Kansas Open Meetings Act, City Attorney Tamara Niles recommends the following motion be stated when the City Commission requests an executive session: Motion I move that the City Commission recess into executive session for consultation with City Attorney Tamara Niles which would be deemed privileged in the attorney-client relationship, pursuant to K.S.A. 75-4319(b)(2), to discuss legal matters related to insurance. The open meeting will resume in this room at ____[INSERT] ____ p.m. State Reference 75-4319. Closed or executive meetings; conditions; authorized subjects for discussion; binding action prohibited; certain documents identified in meetings not subject to disclosure.

(a) Upon formal motion made, seconded and carried, all public bodies and agencies subject to the open meetings act may recess, but not adjourn, open meetings for closed or executive meetings. Any motion to recess for a closed or executive meeting shall include: (1) A statement describing the subjects to be discussed during the closed or executive meeting; (2) the justification listed in subsection (b) for closing the meeting; and (3) the time and place at which the open meeting shall resume. The complete motion shall be recorded in the minutes of the meeting and shall be maintained as a part of the permanent records of the public body or agency. Discussion during the closed or executive meeting shall be limited to those subjects stated in the motion.

(b) Justifications for recess to a closed or executive meeting may only include the following, the need:

(1) To discuss personnel matters of nonelected personnel;

(2) for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship;

(3) to discuss employer-employee negotiations whether or not in consultation with the representative or representatives of the body or agency;

(4) to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trusts, and individual proprietorships;

(5) to discuss matters relating to actions adversely or favorably affecting a person as a student, patient or resident of a public institution, except that any such person shall have the right to a public hearing if requested by the person;

(6) for the preliminary discussion of the acquisition of real property;

(7) to discuss matters relating to pari-mutuel racing permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 74-8804, and amendments thereto;

(8) to discuss matters relating to the care of children permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 2016 Supp. 38-2212(d)(1) or 38-2213(e), and amendments thereto;

(9) to discuss matters relating to the investigation of child deaths permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 22a-243(j), and amendments thereto;

Page 79: City of Arkansas City Board of City Commissioners Agenda ...€¦ · Brian Lawrence / February 1, 2018 Master Mechanical Ken Miller / February 1, ... Derek Koller South Central Kansas

(10) to discuss matters relating to patients and providers permitted to be discussed in a closed

or executive meeting pursuant to K.S.A. 39-7,119(g), and amendments thereto;

(11) to discuss matters required to be discussed in a closed or executive meeting pursuant to a tribal-state gaming compact;

(12) to discuss matters relating to security measures, if the discussion of such matters at an open meeting would jeopardize such security measures, that protect: (A) Systems, facilities, or equipment used in the production, transmission, or distribution of energy, water or communications services; (B) transportation and sewer or wastewater treatment systems, facilities, or equipment; (C) a public body or agency, public building or facility, or the information system of a public body or agency; or (D) private property or persons, if the matter is submitted to the agency for purposes of this paragraph. For purposes of this paragraph, security means measures that protect against criminal acts intended to intimidate or coerce the civilian population, influence government policy by intimidation or coercion, or to affect the operation of government by disruption of public services, mass destruction, assassination or kidnapping. Security measures include, but are not limited to, intelligence information, tactical plans, resource deployment and vulnerability assessments;

(13) to discuss matters relating to maternity centers and child care facilities permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 65-525(d), and amendments thereto;

(14) to discuss matters relating to the office of inspector general permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 2016 Supp. 75-7427, and amendments thereto; and

(15) for the governor’s domestic violence fatality review board to conduct case reviews.

(c) No binding action shall be taken during closed or executive recesses, and such recesses shall not be used as a subterfuge to defeat the purposes of this act.

(d) Any confidential records or information relating to security measures provided or received under the provisions of subsection (b)(12), shall not be subject to subpoena, discovery, or other demand in any administrative, criminal or civil action.


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