October 8, 2019, 7:00 P.M. ROLL CALL Meeting Called to Order

October 8, 2019, 7:00 P.M.

ROLL CALL

Meeting Called to Order Invocation Pledge of Allegiance

APPROVAL OF AGENDA

Suggested Motion: Council Member moved to approve the agenda as presented.

Council Member seconded the motion.

Other:

AWARDS AND/OR PRESENTATIONS

PUBLIC FORUM

STAFF REPORTS

CONSENT AGENDA: 1. Minutes of September 27, 2019 Regular Meeting. 2. Appropriations 922-2019 with Addendum. Suggested Motion: Council Member moved that the Consent Agenda, as presented, be approved.

Council Member seconded the motion.

Other:

NEW BUSINESS 3. DISCUSS AND CONSIDER APPOINTMENT TO THE PARK AND RECREATION AND TREE ADVISORY BOARD (RM)

Recommended Action: Staff recommends appointment of Mitchell Gaede to serve on the Park and Recreation and Tree Advisory Board with a term expiring in 2021.

Suggested Motion: Council Member moved to approve the appointment of Mitchell Gaede to the Park and Recreation and Tree Advisory Board, with a term ending 2021.

Council Member seconded the motion.

Other:

4. DISCUSS AND CONSIDER ORDINANCE AUTHORIZING ISSUANCE OF TAXABLE IRBs (HARPER CAMPERLAND PROJECT, TENANT F&L RENTALS, LLC) (Dominic Eck)

Recommended Action: Staff recommends approval.

Suggested Motion: Council Member moved to approve Ordinance #1077-2019 authorizing the City of Park City, Kansas to issue its Taxable Industrial Revenue Bonds, Series 2019 (Harper Camperland Project), in an amount not to exceed $5 million, for the purpose of paying the costs of the acquisition, construction and equipping of a commercial facility; and authorizing certain other documents and actions in connection therewith.

Council Member seconded the motion.

Other:

Roll Call Council Member John Lehnherr Council Member Tom Jones Council Member George Glover Council Member George Capps Council Member Ben Sauceda Council Member Brandi Baily Council Member Melvin Kerr Council Member Jim Schroeder

5. DISCUSS AND CONSIDER ORDINANCE AUTHORIZING ISSUANCE OF TAXABLE IRBs (APEX TRUCKING, INC.) (Dominic Eck)

Recommended Action: Staff recommends approval.

Suggested Motion: Council Member moved to approve Ordinance #1078-2019 authorizing the City of Park City, Kansas to issue its Taxable Industrial Revenue Bonds, Series 2019 (Apex Trucking, Inc.) for the purpose of the acquisition, construction and equipping of a commercial facility; and authorizing certain other documents and actions in connection therewith.

Council Member seconded the motion.

Other:

6. DISCUSS AND CONSIDER A RESOLUTION AMENDING RESOLUTION #996- 2018 RELATED TO THE TERMS OF EXEMPTION FOR THE 2BDW, LLC TAXABLE IRB (SLEEP INN & SUITES) (Dominic Eck)

Recommended Action: Staff recommends approval.

Suggested Motion: Council Member moved to approve Resolution #1036-2019, a resolution of the governing body of the City of Park City, Kansas amending Resolution No. 996- 2018 determining the advisability of issuing Taxable Industrial Revenue Bonds for the purpose of financing the acquisition, construction and equipping of a hotel facility to be located in said city.

Council Member seconded the motion.

Other:

7. CONSIDER RESOLUTION CONVEYING PROPERTY RELATED TO ROBERTS TRUCK CENTER IRBS TO CAPITAL PROPERTIES 2017, LLC (Dominic Eck)

Recommended Action: Staff recommends approval.

Suggested Motion: Council Member moved to approve Resolution #1037-2019 of the Governing Body of the City of Park City, Kansas authorizing the sale and conveyance of certain property to Capital Properties 2017, LLC.

Council Member seconded the motion.

Other:

8. DISCUSS AND CONSIDER RECOMMENDATION FOR CITY CLERK POSITION (SF) Recommended Action: Staff recommends approval.

Suggested Motion: Council Member moved to approve the appointment of Marlo Rugg to the position of City Clerk.

Council Member seconded the motion.

Other:

9. RECESS

Suggested Motion: Council Member moved to recess the Council meeting and to reconvene immediately after the Land Bank meeting.

Council Member seconded the motion.

Other:

CITY OF PARK CITY, KANSAS, LAND BANK COUNCIL CHAMBERS – 1941 E. 61st STREET NORTH October 8, 2019

MEETING CALLED TO ORDER.

I. DISCUSS AND CONSIDER AGREEMENT WITH THE CITY OF PARK CITY TO AUTHORIZE REAMORTIZATION OF SPECIAL ASSESSMENTS ON PLATTED LOTS CURRENTLY HELD BY THE LAND BANK (DM)

Recommended Action: Staff recommends approval of the proposed agreement. Suggested Motion: Board Member moved to approve the agreement with the City of Park City to authorize the reamortization of special assessments on platted lots currently held by the Land Bank.

Board Member seconded the motion.

Other:

II. DISCUSS AND CONSIDER REAL ESTATE PURCHASE CONTRACT WITH ELITE USA LLC FOR PROPERTY IN HIGH RIDGE 2ND ADDITION (SF)

Recommended Action: Staff recommends approval.

Suggested Motion: Board Member moved to approve and authorize the Mayor to execute the real estate agreement with Elite USA LLC for the sale of Lots 1 through 11, Block J; Lots 1 through 13, Block I; and Reserves I and J in High Ridge 2nd Addition for $143,351.35.

Board Member seconded the motion.

Other:

III. ADJOURN

Suggested Motion: Board Member moved to Adjourn the Land Bank Meeting.

Board Member seconded the motion.

Other:

10. RECONVENE

11. DISCUSS AND CONSIDER SUBMISSION OF AIR CAP DRIVE EXTENSION UNDER THE KANSAS DEPARTMENT OF TRANSPORATION COST SHARE PROGRAM. (SF) Recommended Action: Staff recommends approval to submit a project application to WAMPO.

Suggested Motion: Council Member moved to approve the submission of a project application to WAMPO for consideration for the extension of Air Cap Drive between 53rd Street North and 61st Street North under the Metropolitan Transportation Plan.

Council Member seconded the motion.

Other:

12. DISCUSS AND CONSIDER ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO THE SALE AND DISCHARGE OF FIREWORKS (DM)

Recommended Action: Staff recommends adoption of the ordinance.

Suggested Motion: Council Member moved to approve Ordinance #1079-2019 amending Section 18-202 of the Municipal Code of the City of Park City, Kansas, pertaining to the sale and discharge of fireworks and repealing the original of said section.

Council Member seconded the motion.

Other:

GOVERNING BODY REPORTS Mayor’s Remarks Remarks by Council Members

ADJOURN

Suggested Motion: Council Member moved to adjourn the meeting.

Council Member seconded the motion.

Other: MINUTES OF THE GOVERNING BODY OF THE CITY OF PARK CITY, KANSAS COUNCIL CHAMBERS – 1941 E. 61st STREET NORTH September 24, 2019

ROLL CALL

The following were present: Council Members John Lehnherr, George Glover, Melvin Kerr, Tom Jones, George Capps, Brandi Baily, and Jim Schroeder. Council Member Ben Sauceda was absent.

Also present: Mayor Ray Mann, City Administrator Sean Fox, Assistant City Administrator/Human Resources Manager Dana Walden, Finance Director/City Clerk Dee Anne Grunder, Police Chief Phil Bostian, City Attorney Doug Moshier, and Public Works Director Eric Miner.

VISITORS

Taylor Messick, Ark Valley News Terry Ford Bob Darnell Jerry Winkley Larry Kleeman Garth Herrmann

MEETING CALLED TO ORDER

The meeting was called to order by Mayor Ray Mann at 7:00pm. Pastor Bob Darnell gave the invocation, and Council Member George Glover led the Pledge of Allegiance.

APPROVAL OF AGENDA

Council Member Jim Schroeder moved to approve the agenda as presented. Council Member George Glover seconded the motion. Motion carried 7-0.

AWARDS & PRESENTATIONS

None.

PUBLIC FORUM

None.

STAFF REPORTS

City Administrator Sean Fox stated the City had two water main breaks within the last thirty-six hours. He stated the first one was a twelve-inch break on the north side of Broadway west of 61st Street. Mr. Fox stated it affected three business, but no residential homes were affected. Mr. Fox stated the second water main break was a cross connection break that occurred at the intersection of Millsboro, Randall, and Denver. Mr. Fox stated the multi-sized cross connection break would be fixed later in the evening. City of Park City Council Minutes of September 24, 2019 Page 2

Mr. Fox stated the 61st Street Bridge Project will require the closure of east-bound traffic on October 8th, 9th, and 10th. He stated it will be safer and more efficient to close the east-bound traffic, so the contractors can set the beams.

Mr. Fox stated staff received a draft codification of the Municipal Code from Ranson Financial. He stated staff will review the draft Code, and final codification will be in November.

Mr. Fox stated the new website was revealed to staff and should be open to the public around November 1, 2019. He stated the City-Wide Garage Sales will be September 28, 2019. He stated Brush and Limb Day at Hap McLean Park and Household Hazardous Waste Day at the library parking lot will be October 5, 2019. Mr. Fox stated Shred Day will be on October 12, 2019 at the City Administration building. He stated Fall Fest will take place at Hap McLean Park on October 26, 2019 from 4:00pm to 7:00pm.

Mr. Fox announced the retirement of Senior Accountant Toni Moorman. He stated Ms. Moorman has worked for the City for six years and her last day will be October 4, 2019. Mr. Fox stated staff wishes Ms. Moorman the best.

Council Member George Capps asked if there will be a boil water advisory. Mr. Fox stated he does not anticipate it at this time.

Mayor Ray Mann asked Mr. Fox to discuss the rating call. Mr. Fox stated the City had a rating call with S&P a few weeks ago on the 2019-B G.O. Bond, and the City maintained an AA- rating.

CONSENT AGENDA: 1. Minutes of September 10, 2019 Regular Meeting. 2. Appropriations 921-2019 with Addendum. 3. Approve Expenditure of Transient Guest Tax Funds as Recommended by the Convention & Tourism Board: (1) Sponsorship of Wichita Toy Run, $2,888 from the 2019 Budget; (2) Sponsorship of Kansas Youth Ministries,10,000 from the 2019 Budget; (3) Sponsorship of Wichita State Shooting Sports, $5,000 from the 2019 Budget; (4) Sponsorship of Wichita Wings Indoor Soccer, $30,000 maximum, $2,500 per game with the residual for a playoff game(s), with a contingency that opposing team stay in Park City, and they use the name Park City in all marketing advertisements, from the 2019 Budget; (5) Sponsorship of Jehovah’s Witnesses at Hartman Arena, $6,000 from the 2019 Budget; (6) Sponsorship of Heartland of America Chisholm Trail Showdown, $8,000 from the 2019 Budget; (7) Sponsorship of Southwestern College Tennis, $1,000 from the 2019 Budget. 4. Approve Park and Recreation Advisory Board Bylaws. 5. Approve Tree Board Advisory Board Bylaws. 6. August Financial Report.

Council Member John Lehnherr moved that the Consent Agenda, as presented, be approved.

Council Member Jim Schroeder seconded the motion. Motion carried 6-1 (Council Member George Glover opposed).

NEW BUSINESS

7. CONSIDER BIDS, ORDINANCE, AND RESOLUTION RELATED TO ISSUANCE OF 2019-B GENERAL OBLIGATION BONDS

The City’s Financial Advisor, Larry Kleeman with Ranson Financial, stated bonds and temporary notes were sold today. Mr. Kleeman stated seven bids were received on the bonds, and the winning City of Park City Council Minutes of September 24, 2019 Page 3

bid was Robert W. Baird & Co. with a 2.296% interest rate. Mr. Kleeman stated the bonds will be paid for with special assessments, and the bonds will pay off Temporary Notes 2017-1 and 2018-1. Mr. Kleeman stated the bonds are scheduled to close in two weeks.

A. Bids - 2019-B G.O. Bond Issue:

Council Member Jim Schroeder moved that the bid from Robert W. Baird & Co., Inc. be accepted, and that the Mayor and City Clerk be authorized and directed to execute the bid form selling the bonds to the best bidder on the basis of the bid and terms specified in the Notice of Bond Sale.

Council Member Tom Jones seconded the motion. Motion carried 7-0.

B. Ordinance Issuing 2019-B G.O. Bonds:

Council Member Jim Schroeder moved to approve Ordinance #1075-2019 authorizing and providing for the issuance of General Obligation Bonds, Series 2019-B, of the City of Park City, Kansas; providing for the levy and collection of an annual tax for the purpose of paying the principal of and interest on said bonds as they become due; authorizing certain other documents and actions in connection therewith; and making certain covenants with respect thereto.

Council Member Brandi Baily seconded the motion.

Roll Call Council Member John Lehnherr Yes Council Member Tom Jones Yes Council Member George Glover Yes Council Member George Capps Yes Council Member Ben Sauceda Absent Council Member Brandi Baily Yes Council Member Melvin Kerr Yes Council Member Jim Schroeder Yes

C. Resolution Authorizing the Sale of the 2019-B G.O. Bonds:

Council Member Jim Schroeder moved to approve Resolution #1034-2019 prescribing the form and details of and authorizing and directing the sale and delivery of General Obligation Bonds, Series 2019-B of the City of Park City, Kansas, previously authorized by Ordinance #1075-2019 of the issuer; making certain covenants and agreements to provide for the payment and security thereof; and authorizing certain other documents and actions connected therewith.

Council Member John Lehnherr seconded the motion. Motion carried 7-0.

8. CONSIDER BIDS AND RESOLUTION RELATED TO ISSUANCE OF 2019-1 TEMPORARY NOTE

Larry Kleeman with Ranson Financial stated bids were accepted on the temporary notes today. He stated one bid was received from Oppenheimer & Co, Inc., and the rate on the winning bid is 2.25%. He stated he had included an underwriter profit in the amount of the temporary note, but this bidder did not utilize all of it, so the temporary note has been downsized by $25,000. Mr. Kleeman stated the interest was capitalized into the temporary note issue, so it will not affect the budget. He stated the temporary note will close on October 15, 2019. City of Park City Council Minutes of September 24, 2019 Page 4

A. Bids – 2019-1 Temporary Note Issue:

Council Member Brandi Baily moved that the bid from Oppenheimer & Co. Inc. be accepted, and that the Mayor and City Clerk be authorized and directed to execute the bid form selling the notes to the best bidder on the basis of the bid and terms specified in the Notice of Note Sale.

Council Member John Lehnherr seconded the motion. Motion carried 7-0.

B. Resolution Authorizing Issuance of the 2019-1 Temporary Note:

Council Member John Lehnherr moved to approve Resolution #1035-2019 authorizing and directing the issuance, sale and delivery of General Obligation Temporary Notes, Series 2019-1, of the City of Park City, Kansas; providing for the levy and collection of an annual tax, if necessary, for the purpose of paying the principal of and interest on said notes as they become due; making certain covenants and agreements to provide for the payment and security thereof; and authorizing certain other documents and actions connected therewith.

Council Member Tom Jones seconded the motion. Motion carried 7-0.

9. DISCUSS AND CONSIDER APPROVAL OF THE “WINKLEY ADDITION” FINAL PLAT (LOCATED AT 4709 N HYDRAULIC)

City Administrator Sean Fox stated Winkley Property LLC and Kirk Miller Engineering requested approval of a one-step final plat. Mr. Fox stated the plat creates a single lot and an additional right of way along Hydraulic Avenue. He stated there is no cost to the City.

Council Member Brandi Baily moved to approve the Winkley Addition-A One-Step final plat for property located at 4709 N. Hydraulic, subject to the following conditions:

1. The applicant shall submit a Title Report per Article 5-101(R.1) to the City. 2. The applicant shall submit a Drainage Plan per Article 5-101(R.2) to the City. 3. The plat shall provide a 35-foot Building Setback line along Hydraulic Ave. 4. The plat shall provide a 20-foot Drainage and Utility Easement along Hydraulic Ave. 5. The plat shall show the dedication of complete access control along Hydraulic Ave., except for two openings. 6. The quarter section/section/township/range designation needs to be added under the title of the plat. 7. A certificate for the City Attorney needs to be added to the final plat. 8. Within the Planning Commission Certificate, the name of the subdivision needs to be corrected. 9. City Clerk’s name needs revised to read Dee Anne Grunder. 10. Any utility relocation required as part of the development of the subject property shall be the responsibility of the landowner.

Council Member Jim Schroeder seconded the motion. Motion carried 7-0.

10. DISCUSS AND CONSIDER ORDINANCE PROHIBITING CONSTRUCTION ACTIVITIES DURING CERTAIN HOURS

City Attorney Doug Moshier stated Council had questions and concerns about the ordinance at the last meeting. Mr. Moshier stated he believes this revised ordinance addresses all the concerns. He stated subsection (a) addresses the limitation of construction activities conducted for compensation. Mr. City of Park City Council Minutes of September 24, 2019 Page 5

Moshier stated in subsection (b), the definition of construction activities has been expanded, and it also exempts construction activities done within an indoor space. He stated subsection (f) exempts an owner/occupant of a structure who is performing construction on that structure.

Council Member Brandi Baily asked how the contractors will be notified. Mr. Fox stated each time a permit is issued, the contractor will be provided with the ordinance. They will also be informed when they obtain a City license.

Council Member George Capps stated any ordinance such as this one will discriminate against someone. He stated the City has lots of shift workers, and the ordinance is not going to help them. Mr. Capps stated the ordinance benefits retirees and those who work during the day.

Council Member Jim Schroeder stated he does not know how the City could cater to everyone. He stated he was satisfied with the ordinance revisions.

Council Member John Lehnherr asked if he understood correctly that work is prohibited on Sunday or any government-recognized holiday and anytime other than during the hours of 7am to sunset on Monday through Saturday. Mr. Moshier stated that is correct. Mr. Lehnherr stated he is concerned about the days and times work is prohibited. He asked that the 4th of July holiday be removed. Mr. Moshier stated the focus is on the residents rather than on the construction trade. He stated the ordinance protects the citizens.

Mayor Ray Mann stated the reason the ordinance was created was because the Administration office receives calls on this topic on a regular basis.

Council Member Brandi Baily suggested removing the summer holidays.

Council Member Tom Jones stated roofers make noise early in the morning during the summer, but the City will also be restricting them from catching up when they are behind on their work. Mayor Mann stated the calls received in the office are not typically about house roofers. He stated another aspect related to restricting work on holidays is that roofers often work on weekends without a permit, so this could be an avenue for enforcing permits.

Council Member John Lehnherr moved to approve Ordinance #1076-2019 creating Section 5-1101 of the Municipal Code of the City of Park City, Kansas, pertaining to limitations on construction activities during certain hours when in close proximity to residential areas.

Council Member Brandi Baily seconded the motion.

Roll Call Council Member John Lehnherr Yes Council Member Tom Jones Yes Council Member George Glover No Council Member George Capps Yes Council Member Ben Sauceda Absent Council Member Brandi Baily Yes Council Member Melvin Kerr No Council Member Jim Schroeder Yes

GOVERNING BODY REPORTS Mayor’s Remarks

None. City of Park City Council Minutes of September 24, 2019 Page 6

Remarks by Council Members

Council Member Jim Schroeder stated he would like Council to explore a noise ordinance. Mayor Mann asked Mr. Moshier if the City had a noise ordinance already in place. Mr. Moshier stated yes, but there are changes currently in process. He stated the changes may not address Mr. Schroeder’s concerns, but will be more comprehensive and objective in addressing decibel levels.

Council Member Tom Jones asked if the ordinance will apply if there is a construction area in a new development with no houses. Mr. Moshier stated the ordinance only applies if the construction is within 100 feet of a residential area.

Council Member George Capps stated Council needs to be very careful about banning certain things. He stated government can get too involved in citizens’ lives.

Council Member Tom Jones stated, on November 9, 2019 the Sedgwick County Association of Cities will have a meeting at the City Administration building. He stated the topic will be mental health.

Council Member George Glover stated he appreciated the update on the water issues. He stated Fall Fest will be held on October 26, 2019 at Hap McLean Park from 4:00pm to 7:00pm.

ADJOURN

Council Member John Lehnherr moved to adjourn the meeting at 7:42 pm.

Council Member Brandi Baily seconded the motion. Motion carried 7-0.

Ray Mann, Mayor

Attest:

Dee Anne Grunder, City Clerk

The foregoing minutes were considered at the October 8, 2019 meeting and approved with the following amendment .

The vote to approve the minutes . CITY OF PARK CITY

APPROPRIATION REPORT

09/23/2019 – 10/04/2019

OPEN PURCHASE ORDERS $793,317.73

APPROPRIATION $648,016.81 NO# TOTAL G/L G/L G/L 10VENDOR-04-2019 NAME02:29 PM INVOICES A C C O U AMOUNTN T S P1099 A Y AACCT B L NO#E NAME PAGE: 1AMOUNT VENDOR======SET: 01 City of Park City, KS D I S B U R S E M E N ======T R E P O R T ======BANK: ALL VENDOR CLASS(ES): ALL CLASSES 01-0002 STRUNK PUBLISHING LLC 1 SORTED633.92 BY VENDORY

01-0003 WESTAR ENERGY 1 10,834.38 N

01-0017 WESTAR 1 6,177.72 N

01-0022 ANSWERING EXCHANGE 1 100.83 N

01-0027 LEEKER'S FAMILY FOODS 1 28.76 N

01-0047 AAA PORTABLE SERVICES LLC 1 330.00 Y

01-0067 GREAT WEST FINANCIAL 2 1,791.09 N

01-0072 HOME DEPOT 1 746.70 N

01-0094 BARTELL'S TRUE VALUE 1 4.49 N

01-0121 KANSAS READY MIX 1 272.25 N

01-0136 WICHITA PUBLIC WORKS & UT 1 2,121.28 N

01-0137 KANSAS GOLF & TURF INC 1 285.78 N

01-0153 WSP USA INC. 2 8,803.94 N

01-0155 DAVID F OLDHAM 1 125.00 Y

01-0157 CHISHOLM CREEK UTILITY AU 1 1,944.59 N

01-0219 GALLS, LLC 15 1,240.37 N

01-0302 DLT SOLUTIONS LLC 1 607.60 N

01-0313 CULLIGAN OF WICHITA 3 115.70 N

01-0317 CHISHOLM TRAIL STATE BANK 1 1,183.40 N

01-0367 BEALL & MITCHELL, LLC 1 2,416.67 Y

01-0375 WICHITA WINWATER WORKS CO 5 8,852.85 N

01-0382 IMAGE QUEST 1 124.00 N

01-0394 INTERLINGUAL INTERPRETING 5 385.08 N

01-0418 AXON ENTERPRISE, INC. 1 1,468.00 N

01-0438 LAUTZ LAW LLC 1 1,200.00 Y

01-0441 PARK CITY LIBRARY 1 19,480.37 N

01-0443 INVESTIGATIONS, LLC 1 100.00 N NO# TOTAL G/L G/L G/L 10VENDOR-04-2019 NAME02:29 PM INVOICES A C C O U AMOUNTN T S P1099 A Y AACCT B L NO#E NAME PAGE: 2AMOUNT VENDOR======SET: 01 City of Park City, KS D I S======B U R S E M E N ======T R E P O R T ======BANK: ALL VENDOR CLASS(ES): ALL CLASSES 01-0466 STOPSTICK LTD. 1 SORTED288.00 BY VENDORY

01-0499 COX COMMUNICATIONS 1 3,555.72 N

01-0526 VERIZON WIRELESS 1 2,130.43 N

01-0531 WATCHGUARD VIDEO 1 72.00 N

01-0549 JOY K WILLIAMS 1 1,800.00 Y

01-0553 JB LANDSCAPING, LLC. 4 200.00 Y

01-0555 ATLAS SPRING & AXLE CO. 1 1,646.09 N

01-0556 KANSAS PAYMENT CENTER 1 733.85 N

01-0575 LEGAL SHIELD 3 172.96 N

01-0600 CDWG, LLC 1 2,925.00 N

01-0603 CARD SERVICES 1 5,150.44 N

01-0625 WESTERN NRG, INC. 1 310.00 N

01-0635 KS DEPARTMENT OF REVENUE 2 5,061.20 N

01-0677 EMC INSURANCE COMPANIES 1 500.00 N

01-0696 OFFICE PLUS OF KANSAS 5 826.35 N

01-0754 UNITED PARCEL SERVICE 1 45.04 N

01-0812 KANSAS PAVING 1 69,683.40 N

01-0837 THE HON COMPANY 1 3,490.22 N

01-0858 ALL SEASONS SPORTSWEAR 1 70.20 Y

01-0869 JESSE D WALLENDER 1 1,000.00 Y

01-0879 SURENCY 10 736.10 N

01-0888 COOPER LAW OFFICE LLC 1 800.00 Y

01-0892 AETNA 9 90,353.90 N

01-0901 SUPERIOR EMERGENCY RESPON 2 7,995.00 N

01-0923 KURT A HOLMES 1 40.85 N

01-0965 BNY TRUST CO OF MISSOURI 2 157,208.67 N

01-0994 GUARDIAN LIFE 8 666.83 N 10-04-2019 02:29 PM A C C O U N T S P A Y A B L E PAGE: 3 VENDOR SET: 01 City of Park City, KS D I S B U R S E M E N T R E P O R T BANK: ALL VENDOR CLASS(ES): ALL CLASSES SORTED BY VENDOR

NO# TOTAL G/L G/L G/L VENDOR NAME INVOICES AMOUNT 1099 ACCT NO# NAME AMOUNT ======

01-1 MISCELLANEOUS VENDOR 9 3,064.51 N

01-1015 EMPAC, INC 1 252.00 N

01-1018 DEE ANNE GRUNDER 1 30.15 N

01-1061 PEARSON CONSTRUCTION LLC 2 206,571.15 N

01-1078 FASTENAL INDUST & CONSTRU 2 21.78 N

01-1079 GEORGE MATTHEW CANNON 1 2,500.00 Y

01-1081 KATELYN M TORRES 1 2,500.00 Y

01-1133 FLEET SERVICES 1 4,021.50 N

01-1173 NATIONAL SCREENING BUREAU 1 98.70 N

01-1320 SMART SECURITY INC. 1 120.00 N ------

*** REPORT TOTALS *** 136 648,016.81 10-04-2019 02:29 PM A C C O U N T S P A Y A B L E PAGE: 4

SELECTION CRITERIA ------VENDOR SET: 01 City of Park City, KS VENDOR: ALL BANK: ALL VENDOR CLASS(ES): ALL CLASSES ------TRANSACTION SELECTION

REPORTING: PAID ITEMS ,UNPD ITEMS,PPAID ITEM

======PAYMENT DATES======ITEM DATES======POSTING DATES======PAID ITEMS DATES : 0/00/0000 THRU 99/99/9999 0/00/0000 THRU 99/99/9999 9/23/2019 THRU 10/04/2019 PARTIALLY ITEMS DATES: 0/00/0000 THRU 99/99/9999 0/00/0000 THRU 99/99/9999 9/23/2019 THRU 10/04/2019 UNPAID ITEMS DATES : 0/00/0000 THRU 99/99/9999 9/23/2019 THRU 10/04/2019 ------PRINT OPTIONS

REPORT SEQUENCE: VENDOR # G/L EXPENSE DISTRIBUTION: NO CHECK RANGE: 000000 THRU 999999 ------10/04/2019 12:19 PM P U R C H A S E O R D E R S T A T U S R E P O R T PAGE: 1 VENDOR SET: ALL == SUMMARY REPORT == VENDORS : ALL * = Sales Tax Included

DATE DATE LAST PO # REQ # VENDOR # VENDOR NAME STAT DEPT ORDERED RECEIVED ORDERED RECEIVED VARIANCE OUTSTANDING ------

15-02870 15-02870 01-0193 GEAR FOR YOU P C & T 8/17/15 1/19/17 2,000.00 1,172.35 827.65

18 -03660 18-03660 01-0484 GARDNER DESIGN P C & T 4/11/18 3/21/19 23,550.00 13,350.00 10,200.00 18 -03689 18-03689 01-0542 APAC KANSAS, INC P COUNCIL 8/16/18 3/22/19 104,869.00 95,464.00 9,405.00 18 -03721 18-03721 01-0141 GT DISTRIBUTORS - O PD 11/07/18 1,269.28 1,269.28 18 -03751 18-03751 01-0838 TYLER TECHNOLOGIE O PD 12/13/18 4,000.00 4,000.00

18 -03754 18-03754 01-0996 IDEMIA O PD 12/17/18 19,650.00 19,650.00 18 -03757 18-03757 01-1009 SALTUS TECHNOLOGI P PD 12/18/18 1/15/19 24,905.02 16,776.01 8,129.01 18 -03758 18-03758 01-0153 WSP USA INC. P ADMIN 12/19/18 10/03/19 150,000.00 19,500.00 130,500.00 18 -03760 18-03760 01-1010 VIA CHRISTI HEALT O PD 12/19/18 3,603.14 3,603.14

18-03762 18-03762 01-1017 AIR CAPITOL CONST O COUNCIL 12/27/18 6/19/19 394,567.00 397,302.00 22,500.00 19,765.00

18 -03776 18-03776 01-0630 K.E. MILLER ENGIN P COUNCIL 11/13/18 6/07/19 33,000.00 25,290.00 7,710.00 18 -03777 18-03777 01-0630 K.E. MILLER ENGIN P COUNCIL 12/31/18 1/18/19 15,500.00 5,970.00 9,530.00 19 -03771 19-03771 01-1276 HARTMAN ARENA, LL O C & T 1/14/19 15,000.00 15,000.00

19-03791 19-03791 01-1239 JEEPS MOTORCYCLE P C & T 3/11/19 7/19/19 10,000.00 5,000.00 5,000.00

19 -03792 19-03792 01-0161 81 SPEEDWAY P C & T 3/11/19 4/18/19 22,200.00 11,100.00 11,100.00 19 -03795 19-03795 01-1276 HARTMAN ARENA, LL P C & T 3/11/19 3/22/19 8,000.00 3,000.00 5,000.00 19 -03796 19-03796 01-1 OVER THE EDGE GRA P C & T 3/11/19 7/18/19 5,000.00 3,775.00 1,225.00 19 -03802 19-03802 01-0919 HUBER ASSOCIATES, O PD 3/21/19 2,500.00 2,500.00

19-03804 19-03804 01-0630 K.E. MILLER ENGIN P COUNCIL 3/28/19 8/07/19 95,600.00 58,210.00 37,390.00

19 -03811 19-03811 01-0375 WICHITA WINWATER P WATER 4/11/19 5/08/19 1,200.00 671.25 528.75 19 -03819 19-03819 01-0503 CITYCODE FINANCIA P GOVT BOD 5/17/19 5/22/19 5,500.00 4,000.00 1,500.00 19 -03821 19-03821 01-0563 BAUGHMAN COMPANY P COUNCIL 5/28/19 7/02/19 55,800.00 32,000.00 23,800.00 19 -03823 19-03823 01-0153 WSP USA INC. P COUNCIL 5/30/19 10/01/19 19,651.00 9,910.65 9,740.35

19 -03824 19-03824 01-0625 WESTERN NRG, INC. O P.W. 6/03/19 3,882.80 3,882.80 19 -03832 19-03832 01-1 WICHITA INTERTRIB O C & T 6/26/19 1,000.00 1,000.00 19 -03833 19-03833 01-1 TOTE BAGS O C & T 6/26/19 10,000.00 10,000.00 19 -03842 19-03842 01-1061 PEARSON CONSTRUCT P COUNCIL 7/17/19 10/01/19 289,547.00 206,571.15 82,975.85

19 -03847 19-03847 01-0812 KANSAS PAVING P COUNCIL 8/08/19 10/03/19 364,324.60 69,683.40 294,641.20 19 -03854 19-03854 01-0153 WSP USA INC. O COUNCIL 9/11/19 3,444.70 3,444.70 19 -03859 19-03859 01-1 KANSAS YOUTH MINI O C & T 9/30/19 10,000.00 10,000.00 19 -03860 19-03860 01-0751 WSU SHOOTING SPOR O C & T 9/30/19 5,000.00 5,000.00

19-03861 19-03861 01-1 WICHITA WINGS IND O C & T 9/30/19 30,000.00 30,000.00

19 -03862 19-03862 01-1276 HARTMAN ARENA, LL O C & T 9/30/19 6,000.00 6,000.00 19 -03863 19-03863 01-0161 81 SPEEDWAY O C & T 9/30/19 8,000.00 8,000.00 19 -03864 19-03864 01-1 SOUTHWESTERN COLL O C & T 9/30/19 1,000.00 1,000.00

REPORT TOTALS: PO'S ORDERED RECEIVED VOIDED VARIANCE BALANCE

OUTSTANDING 17 518,916.92 397,302.00 0.00 22,500.00 144,114.92 PARTIAL 18 1,230,646.62 581,443.81 0.00 0.00 649,202.81 RECEIVED 0 0.00 0.00 0.00 0.00 0.00 COMPLETED 0 0.00 0.00 0.00 0.00 0.00 VOIDED 0 0.00 0.00 0.00 0.00 0.00 ------** TOTALS ** 35 1,749,563.54 978,745.81 0.00 22,500.00 793,317.73 10/04/2019 12:19 PM P U R C H A S E O R D E R S T A T U S R E P O R T PAGE: 2

SELECTION CRITERIA ------VENDOR SET: ALL ------RANGE OPTIONS

VENDORS : ALL PO NUMBERS: ALL ISSUE DATE: 1/01/2014 THRU 99/99/9999 G/L ACCT #: ALL ------REPORT OPTIONS

DEPT: All REPORT TYPE: SUMMARY REPORT SEQUENCE: PO NO# ------STATUS: OUTSTANDING PARTIAL RECEIVED ------

*** END OF REPORT *** Prepared By: Sean Fox, City Administrator Agenda Item #3

Summary: DISCUSS AND CONSIDER APPOINTMENT FOR THE PARK CITY PARKS AND RECREATION ADVISORY BOARD.

Background: Attached is a volunteer application for Mitchell Gaede to serve on the Parks and Recreation Advisory Board. Members serve two-year terms.

Fiscal Impact None.

Staff Recommendation Staff recommends appointment of Mitchell Gaede as a member of the Parks and Recreation Advisory Board with a term expiring in 2021.

Attachments

1 City of PARK CITY

EXPRESSION OF INTEREST APPLICATION

CITIZEN BOARDS & COMMITTEES

Expression of Interest Application for Citizen Boards and Committees• June 2011 1 of 7 Convention & Tourism Committee Park City Public Library Board Park & Recreation/Tree Board Board of Examiner & Appeals Stormwater Management Advisory Board Planning Commission/Board of Zoning Appeals

Expression of Interest Application for Citizen Boards and Committees• June 2011 2 of 7 Please check all boards on which you are interested in serving. l;zJ Convention and Tourism Committee The Convention and Tourism Committee is a ten member advisory committee appointed by the Mayor and approved by the City Council. The Committee makes recommendations to the City Council on the use of the transient guest tax collected by the City. The Committee oversees the production of the City brochure, and general promotions of Park City.

The Committee meets every two months, usually on the first Tuesday of the month beginning in January.

0 Park and Recreation/Tree Board The Park and Recreation/Tree Board is a seven member advisory board appointed by the Mayor and approved by the City Council. The Board oversees the plan development of the City's park system and makes suggestions concerning the planting of trees within the City.

Recommendations of the Board are passed on to the City Council for review and approval.

The Board meets once a month on the first Monday of the month.

D Planning Commission/Board of Zoning Appeals The Planning Commission / Board of Zoning Appeals is a seven member board appointed by the Mayor and approved by the City Council. The Planning Commission develops: • Subdivision Regulations • Zoning Regulations • The Comprehensive Development Plan for the City The Planning Commission hears all zoning requests and plats within the City limits.

The Board of Zoning Appeals handles appeals on all zoning cases, hears conditional use permits, hears variance requests in zoning districts, and reviews all vacations of street and easements.

The Board meets on the third Monday of every month at 7: 00 p.m., occasional Special Meetings are necessary.

Expression of Interest Application for Citizen Boards and Committees• June 2011 3 of 7 0 City Public Library Board The Park City Public Library Board is independent from the city. The members of this board are appointed by the city and approved by the city council. The 8 member board includes the mayor as an ex officio member. Two of the 4 year positions expire each year.

The Board meets once a month on the second Thursday.

The Library board is a legal entity charged with formulating policy and providing personnel and resources for the operation of the library. Some of the responsibilities of the board members are: - To determine and adopt written policies to govern the operation and programs of the library - To know the community and make sure the library's programs reflect the community's individual needs - To create and monitor short and long range priorities for the library and secure adequate funds to implement the library's objectives - To establlsh, support and participate in planned programs to market the library's services to the community - To work for adequate financial support for the library, advocating for public support and participating in community fundraising

D Board of Examiner and Appeals The Park City Board of Building Examiners and Appeals, is composed of five members and two alternate members who are qualified by experience and training to pass upon matters pertaining to building construction. The Board of Building Examiners and Appeals shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the Building Code, Residential Code, Mechanical Code, Plumbing Code, Electrical Code, and Manufactured Housing Code of Park City, Kansas and to determine the suitability of alternate materials and types of construction.

The Board meets on an as needed basis.

D Stormwater Management Advisory Board The purpose of the Board is to provide the City Council information, and recommendation concerning storm water related matters. This is to include recommendations on maintenance, repairs, and future construction, of storm water facilities within the City. The Board will also review and recommend to the City Council measures to be taken to comply with the MS4 NPDS permit from KDHE, and act as a public conduit for information concerning storm water, and erosion control matters. The Board is to provide the following service to the Council in the way of recommendations:

Expression of Interest Application for Citizen Boards and Committees• June 2011 4 of 7 • Master planning for storm water activities. • Recommending a long-term dedicated source of funding projects. • Establish priorities on drainage repair projects. • Establish public awareness and education programs. • Advise Council on future drainage ordinances. • Advise Council on BMP standards for adoption within the City for erosion control.

The term of each Board member shall be for a period of two (2) years.

The Board meets once a month, occasional special meetings may be necessary.

D If you are interested In serving the City of Park City in a capacity not listed above please describe how you would like to serve.

Expression of Interest Application for Citizen Boards and Committees• June 2011 5 of 7 City of PARK CITY EXPRESSION OF INTEREST APPLICATION CITIZEN BOARDS AND COMMITTEES

Name Mitchell Gaede Address 2601 E Cambridge Cell Phone # (..620...) 290-4249 Home Phone # ( ). _ Email address [email protected] Are you under the age of 187 Yes (]ID Do you have a valid Driver's License IYesI No Are you a resident of Park City? IYesI No If yes, how long 3 & 1/2 Years Education (highest school year, degrees, etc.) High School Some College College graduate Post Graduate Other

( Working on MBA -

Prior Appointed/Elected Offices or prior volunteer service? _ IVolunteer with Habitat for Humanity, Wichita Food Bank, and Salvation Army Angel Tree annually through work. I also volunteered

in both High School and college at various food banks and shelters.

Why are you interested in serving? My parents both served in various roles In my hometown community. My mother was on the recreation board, the city council, and served as mayor. My father served on several boards for CASA, Russell Child Development,

and others. I saw how this made a positive Impact on the community and I want to do my part to help my community of Park City.

Please list any special skills, interests, hobbles, or qualifications that you have. I work as a financial analyst at Textron Aviation (Cessna and Beechcraft) so I have skills with budgeting, plannlng, analyzing, problem

solving as well as experience with working In groups and on teams to achieve objectives and hit critlcal goals.

Have you ever been convicted of any violation of the law (other than traffic violations)? If so please specify felony or misdemeanor and jurisdiction of conviction .

How did you become aware of Park City's volunteer opportunities? Park City Website

Expression of Interest Application for Citizen Boards and Committees• June 2011 6 of7 Acknowledgement:

I understand that I have expressed interest in serving on a Citizen Board or Committee for the City of Park City. I further understand that if selected to serve, this is a volunteer position. There will be no compensation and no expectation of future employment with thewC1ty . In ad ition, if selected, I may be subject to a background check. - i I j /4 Mitchell Gaede ApplicanfName (Please Print ) Applicant Signature q-24-/C, Date

Expression of Interest Application for Citizen Boards and Committees• June 2011 7 of 7 Town Secretary Fiscal Year 2012 - 2013

Agenda Item #4

Prepared By: Dee Grunder, Finance Director/City Clerk

Summary: CONSIDER ORDINANCE AUTHORIZING ISSUANCE OF TAXABLE IRBs (HARPER CAMPERLAND PROJECT, TENANT F&L RENTALS, LLC)

Background: F & L Rentals, LLC, is finalizing construction of a new Harper Camperland facility at the corner of 85th and I-135. On January 8, 2019, the Council approved a Resolution of Intent to issue Taxable Industrial Revenue Bonds for the project in order to provide a sales tax exemption on the materials used in construction of the project. Since the project will be used for retail purposes, a property tax exemption is not available. This Ordinance is the final City Council action necessary to authorize the IRB issuance.

Dominic Eck with Gilmore & Bell will attend the Council meeting to explain this agenda item and respond to any questions.

Fiscal Impact None.

Staff Recommendation Staff recommends approval of Ordinance #1077-2019 authorizing the City of Park City, Kansas to issue its Taxable Industrial Revenue Bonds, Series 2019 (Harper Camperland Project), in an amount not to exceed $5 million, for the purpose of paying the costs of the acquisition, construction and equipping of a commercial facility; and authorizing certain other documents and actions in connection therewith.

Attachments Ordinance #1077-2019

1 GILMORE & BELL, P.C. 10/03/2019

ORDINANCE NO. 1077-2019

OF THE CITY OF PARK CITY, KANSAS

AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $5,000,000 TAXABLE INDUSTRIAL REVENUE BONDS SERIES 2019 (HARPER CAMPERLAND PROJECT)

600530.20223\BOND ORDINANCE V.2 ORDINANCE NO. 1077-2019

AN ORDINANCE AUTHORIZING THE CITY OF PARK CITY, KANSAS TO ISSUE ITS TAXABLE INDUSTRIAL REVENUE BONDS, SERIES 2019 (HARPER CAMPERLAND PROJECT) FOR THE PURPOSE OF PAYING THE COSTS OF THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A COMMERCIAL FACILITY; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH.

THE GOVERNING BODY OF THE CITY OF PARK CITY, KANSAS HAS FOUND AND DETERMINED:

A. The City of Park City, Kansas (the “Issuer”) is authorized by K.S.A. 12-1740 et seq., as amended (the “Act”), to acquire, construct, improve and equip certain facilities (as defined in the Act) for commercial, industrial and manufacturing purposes, to enter into leases and lease-purchase agreements with any person, firm or corporation for such facilities, and to issue revenue bonds for the purpose of paying the costs of such facilities.

B. The Issuer's governing body has determined that it is desirable in order to promote, stimulate and develop the general economic welfare and prosperity of the Issuer and the State of Kansas that the Issuer issue its Taxable Industrial Revenue Bonds, Series 2019 (Harper Camperland Project) dated as of the Issue Date of the Bonds in an aggregate principal amount not to exceed $5,000,000 (the “Series 2019 Bonds”), for the purpose of paying the costs of the acquisition, construction and equipping of a certain commercial facility (the “Project”) as more fully described in the Bond Agreement and in the Lease authorized in this Ordinance, for lease to F & L Rentals, LLC, a Kansas limited liability company (the “Tenant”).

C. The Issuer's governing body finds that it is necessary and desirable in connection with the issuance of the Series 2019 Bonds to execute and deliver the following documents (collectively, the “Bond Documents”):

(i) a Bond Agreement dated as of the Issue Date of the Bonds (the “Bond Agreement”), among the Issuer, the Tenant and [Bank], [City, State] (the “Bank”) prescribing the terms and conditions of issuing and securing the Series 2019 Bonds;

(ii) a Site Lease dated as of the Issue Date of the Bonds (the “Site Lease”), with the Tenant, under which the Tenant will lease the real property associated with the Project to the Issuer; and

(iii) a Lease dated as of the Issue Date of the Bonds (the “Lease”), with the Tenant, under which the Issuer will acquire, construct and equip the Project and lease it to the Tenant in consideration of Basic Rent and other payments.

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

Section 1. Definition of Terms. All terms and phrases not otherwise defined in this Ordinance will have the meanings set forth in the Bond Agreement and the Lease.

Section 2. Authority to Cause the Project to Be Purchased and Constructed. The Issuer is authorized to cause the Project to be acquired, constructed and equipped in the manner described in the Bond Agreement and the Lease.

600530.20223\BOND ORDINANCE V.2 Section 3. Authorization of and Security for the Bonds. The Issuer is authorized and directed to issue the Series 2019 Bonds, to be designated “City of Park City Kansas Taxable Industrial Revenue Bonds, Series 2019 (Harper Camperland Project)” in an aggregate principal amount not to exceed $5,000,000, for the purpose of providing funds to pay the costs of the acquisition, construction and equipping of the Project. The Series 2019 Bonds will be dated and bear interest, will mature and be payable at such times, will be in such forms, will be subject to redemption and payment prior to maturity, and will be issued according to the provisions, covenants and agreements in the Bond Agreement. The Series 2019 Bonds will be special limited obligations of the Issuer payable solely from the revenues derived from the Lease of the Project. The Series 2019 Bonds will not be general obligations of the Issuer, nor constitute a pledge of the faith and credit of the Issuer, and will not be payable in any manner by taxation.

Section 4. Authorization of Bond Agreement. The Issuer is authorized to enter into the Bond Agreement with the Bank and the Tenant in the form approved in this Ordinance. The Issuer will issue and sell the Bonds and provide for payment of the Bonds and interest thereon from the revenues derived by the Issuer under the Lease and other moneys as described in the Bond Agreement, all on the terms and conditions in the Bond Agreement.

Section 5. Lease of the Project. The Issuer will acquire, construct and equip the Project and lease it to the Tenant according to the provisions of the Lease in the form approved in this Ordinance. The proposed sublease of the Project to [Harper Camperland] is approved by the Issuer.

Section 6. Execution of Bonds and Bond Documents. The Mayor of the Issuer is authorized and directed to execute the Series 2019 Bonds and deliver them to the Bank for authentication on behalf of the Issuer in the manner provided by the Act and in the Bond Agreement. The Mayor or member of the Issuer's governing body authorized by law to exercise the powers and duties of the Mayor in the Mayor's absence is further authorized and directed to execute and deliver the Bond Documents on behalf of the Issuer in substantially the forms presented for review prior to passage of this Ordinance, with such corrections or amendments as the Mayor or other person lawfully acting in the absence of the Mayor may approve, which approval shall be evidenced by his or her signature. The authorized signatory may sign and deliver all other documents, certificates or instruments as may be necessary or desirable to carry out the purposes and intent of this Ordinance and the Bond Documents. The City Clerk or the Deputy City Clerk of the Issuer is hereby authorized and directed to attest the execution of the Series 2019 Bonds, the Bond Documents and such other documents, certificates and instruments as may be necessary or desirable to carry out the intent of this Ordinance under the Issuer's corporate seal.

Section 7. Pledge of the Project and Net Lease Rentals. The Issuer hereby pledges the Project and the net rentals generated under the Lease to the payment of the Series 2019 Bonds in accordance with K.S.A. 12-1744. The lien created by the pledge will be discharged when all of the Series 2019 Bonds are paid or deemed to have been paid in accordance with the terms of the Bond Agreement.

Section 8. Authority To Correct Errors, Etc. The Mayor or member of the Issuer's governing body authorized to exercise the powers and duties of the Mayor in the Mayor's absence, the City Clerk and any Deputy City Clerk are hereby authorized and directed to make any alterations, changes or additions in the instruments herein approved, authorized and confirmed which may be necessary to correct errors or omissions therein or to conform the same to the other provisions of said instruments or to the provisions of this Ordinance.

Section 9. Further Authority. The officials, officers, agents and employees of the Issuer are authorized and directed to take whatever action and execute whatever other documents or certificates as may

600530.20223\BOND ORDINANCE V.2 2 be necessary or desirable to carry out the provisions of this Ordinance and to carry out and perform the duties of the Issuer with respect to the Series 2019 Bonds and the Bond Documents.

Section 10. Effective Date. This Ordinance shall take effect after its passage by the governing body of the Issuer, signature by the Mayor and publication of a summary of the Ordinance once in the Issuer's official newspaper.

[BALANCE OF THIS PAGE LEFT BLANK INTENTIONALLY]

600530.20223\BOND ORDINANCE V.2 3 PASSED by the governing body of the Issuer on October 8, 2019 and APPROVED AND SIGNED by the Mayor.

(SEAL) Mayor

ATTEST:

City Clerk

[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

600530.20223\BOND ORDINANCE (Signature Page to Bond Ordinance) CERTIFICATE

I hereby certify that the attached copy is a true and correct copy of Ordinance No. 1077-2019 of the City of Park City, Kansas duly passed by the governing body, signed by the Mayor and published in the official City newspaper on the respective dates stated in this ordinance, and that the signed original of such Ordinance is on file in my office.

[SEAL]

City Clerk

600530.20223\BOND ORDINANCE V.2 Town Secretary Fiscal Year 2012 - 2013

Agenda Item #5

Prepared By: Dee Grunder, Finance Director/City Clerk

Summary: CONSIDER ORDINANCE AUTHORIZING ISSUANCE OF TAXABLE IRBs (APEX TRUCKING, INC.)

Background: Apex Trucking, Inc. is finalizing construction of a new facility. On April 10, 2018, the Council adopted a Resolution of Intent to issue Taxable Industrial Revenue Bonds for the project in order to provide a sales tax exemption on the construction of the project and a ten-year property tax abatement. The company will make annual payments in lieu of taxes in the amount of $193.56. This ordinance is the final City Council action necessary to authorize the IRB issuance.

Dominic Eck with Gilmore & Bell will attend the Council meeting to explain this agenda item and respond to any questions.

Fiscal Impact None.

Staff Recommendation Staff recommends approval of Ordinance #1078-2019 authorizing the City of Park City, Kansas to issue its Taxable Industrial Revenue Bonds, Series 2019 (Apex Trucking, Inc.) for the purpose of the acquisition, construction and equipping of a commercial facility; and authorizing certain other documents and actions in connection therewith.

Attachments Ordinance #1078-2019

1 GILMORE & BELL, P.C. 10/03/2019

ORDINANCE NO. 1078-2019

OF THE CITY OF PARK CITY, KANSAS

AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,600,000 TAXABLE INDUSTRIAL REVENUE BONDS SERIES 2019 (APEX TRUCKING, INC.)

600530.20216/ORDINANCE v.3 ORDINANCE NO. 1078-2019

AN ORDINANCE AUTHORIZING THE CITY OF PARK CITY, KANSAS TO ISSUE ITS TAXABLE INDUSTRIAL REVENUE BONDS, SERIES 2019 (APEX TRUCKING, INC.) FOR THE PURPOSE OF THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A COMMERCIAL FACILITY; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH.

THE GOVERNING BODY OF THE CITY OF PARK CITY, KANSAS HAS FOUND AND DETERMINED:

A. The City of Park City, Kansas (the “Issuer”) is authorized by K.S.A. 12-1740 et seq., as amended (the “Act”), to acquire, construct, improve and equip certain facilities (as defined in the Act) for commercial, industrial and manufacturing purposes, to enter into leases and lease-purchase agreements with any person, firm or corporation for such facilities and to issue revenue bonds for the purpose of paying the costs of such facilities.

B. The Issuer's governing body has determined that it is desirable in order to promote, stimulate and develop the general economic welfare and prosperity of the Issuer and the State of Kansas that the Issuer issue its Taxable Industrial Revenue Bonds, Series 2019 (Apex Trucking, Inc.) dated as of the Issue Date of the Bonds in an aggregate principal amount not to exceed $2,600,000 (the “Series 2019 Bonds”), for the purpose of paying the costs of the acquisition, construction and equipping of a certain commercial facility (the “Project”) as more fully described in the Bond Agreement and in the Lease authorized in this Ordinance, for lease to Apex Trucking, Inc., a Kansas corporation (the “Tenant”).

(i) a Bond Agreement dated as of the Issue Date of the Bonds (the “Bond Agreement”), among the Issuer, the Tenant and RCB Bank, Wichita, Kansas (the “Bank”) prescribing the terms and conditions of issuing and securing the Series 2019 Bonds;

(ii) a Site Lease dated as of the Issue Date of the Bonds (the “Site Lease”), with the Tenant, under which the Tenant will lease the real property associated with the Project to the Issuer; and

(iv) an Agreement for Payment in Lieu of Taxes (the “Agreement for Payment in Lieu of Taxes”) with the Tenant, under which the Tenant will make certain payments in lieu of taxes for each year after issuance of the Series 2019 Bonds that the Project is exempt from ad valorem taxation.

D. The Issuer's governing body has found that under the provisions of K.S.A. 79-201a Twenty- Fourth, the Project purchased or constructed with the proceeds of the Series 2019 Bonds is eligible for exemption from ad valorem property taxes for up to 10 years, commencing in the calendar year following the calendar year in which the Bonds are issued, if proper application is made, provided no exemption may be granted from the ad valorem property tax levied by a school district pursuant to the provisions of K.S.A.

600530.20216/ORDINANCE v.3 72-53,113, and amendments thereto. The Issuer's governing body has further found that the Project should be exempt from ad valorem property taxes for a period of ten (10) years, subject to a payment in lieu of taxes for each year of the exemption, as more particularly described in the Agreement for Payment in Lieu of Taxes. Prior to making this determination, the governing body of the Issuer has conducted the public hearing and reviewed the analysis of costs and benefits of such exemption required by K.S.A. 12-1749d.

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

Section 1. Definition of Terms. All terms and phrases not otherwise defined in this Ordinance will have the meanings set forth in the Bond Agreement and the Lease.

Section 3. Authorization of and Security for the Bonds. The Issuer is authorized and directed to issue the Series 2019 Bonds, to be designated “City of Park City, Kansas Taxable Industrial Revenue Bonds, Series 2019 (Apex Trucking, Inc.)” in an aggregate principal amount not to exceed $2,600,000, for the purpose of providing funds to pay the costs of the acquisition, construction and equipping of the Project. The Series 2019 Bonds will be dated and bear interest, will mature and be payable at such times, will be in such forms, will be subject to redemption and payment prior to maturity, and will be issued according to the provisions, covenants and agreements in the Bond Agreement. The Series 2019 Bonds will be special limited obligations of the Issuer payable solely from the revenues derived from the Lease of the Project. The Series 2019 Bonds will not be general obligations of the Issuer, nor constitute a pledge of the faith and credit of the Issuer, and will not be payable in any manner by taxation.

Section 5. Lease of the Project. The Issuer will acquire, construct and equip the Project and lease it to the Tenant according to the provisions of the Lease in the form approved in this Ordinance.

600530.20216/ORDINANCE v.3 2 Section 7. Property Tax Exemption; Payment in Lieu of Taxes. The Project will be exempt from ad valorem property taxes for ten (10) years, commencing in the calendar year after the calendar year in which the Series 2019 Bonds are issued, provided no exemption may be granted from the ad valorem property tax levied by a school district pursuant to the provisions of K.S.A. 72-53,113, and amendments thereto. The Tenant will prepare the application for exemption and submit it to the Issuer for its review. After its review, the Issuer will submit the application for exemption to the State Board of Tax Appeals. The Issuer is authorized to enter into the Agreement for Payment in Lieu of Taxes in substantially the form presented for review prior to passage of this Ordinance.

Section 8. Pledge of the Project and Net Lease Rentals. The Issuer hereby pledges the Project and the net rentals generated under the Lease to the payment of the Series 2019 Bonds in accordance with K.S.A. 12-1744. The lien created by the pledge will be discharged when all of the Series 2019 Bonds are paid or deemed to have been paid in accordance with the terms of the Bond Agreement.

Section 9. Authority To Correct Errors, Etc. The Mayor or member of the Issuer's governing body authorized to exercise the powers and duties of the Mayor in the Mayor's absence, the City Clerk and any Deputy City Clerk are hereby authorized and directed to make any alterations, changes or additions in the instruments herein approved, authorized and confirmed which may be necessary to correct errors or omissions therein or to conform the same to the other provisions of said instruments or to the provisions of this Ordinance.

Section 10. Further Authority. The officials, officers, agents and employees of the Issuer are authorized and directed to take whatever action and execute whatever other documents or certificates as may be necessary or desirable to carry out the provisions of this Ordinance and to carry out and perform the duties of the Issuer with respect to the Series 2019 Bonds and the Bond Documents.

Section 11. Effective Date. This Ordinance shall take effect after its passage by the governing body of the Issuer, signature by the Mayor and publication of a summary of the Ordinance once in the Issuer's official newspaper.

[BALANCE OF THIS PAGE LEFT BLANK INTENTIONALLY]

600530.20216/ORDINANCE v.3 3 PASSED by the governing body of the Issuer on October 8, 2019 and APPROVED AND SIGNED by the Mayor.

(SEAL) Mayor

ATTEST:

City Clerk

[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

600530.20216/ORDINANCE (Signature Page to Bond Ordinance) CERTIFICATE

I hereby certify that the attached copy is a true and correct copy of Ordinance No. 1078-2019 of the City of Park City, Kansas duly passed by the governing body, signed by the Mayor and published in the official City newspaper on the respective dates stated in this ordinance, and that the signed original of such Ordinance is on file in my office.

[SEAL]

City Clerk

600530.20216/ORDINANCE v.3 Town Secretary Fiscal Year 2012 - 2013

Agenda Item #6

Prepared By: Dee Grunder, Finance Director/City Clerk

Summary: CONSIDER A RESOLUTION AMENDING RESOLUTION #996-2018 RELATED TO THE TERMS OF EXEMPTION FOR THE 2BDW, LLC TAXABLE IRB (SLEEP INN & SUITES)

Background: On August 14, 2018, Council approved Resolution #996-2018 determining the advisability of issuing taxable industrial revenue bonds for 2BDW, LLC (Sleep Inn & Suites), which included a 10-year property tax exemption and reserved the City’s right to negotiate a payment in lieu of taxes. A cost-benefit analysis was run with an exemption of 60%.

Staff recently met with the Developer and discussed two property tax exemption options 1. 60% for ten years or 2. 100% for six years. The Developer indicated his preference would be the latter. This resolution replaces the terms of exemption outlined in Resolution #996-2018 with an exemption of 100% for six years.

Dominic Eck with Gilmore & Bell will attend the Council meeting to explain this agenda item and respond to any questions.

Fiscal Impact None.

Staff Recommendation Staff recommends approval of Resolution #1036-2019, a resolution of the governing body of the City of Park City, Kansas amending Resolution No. 996-2018 determining the advisability of issuing taxable industrial revenue bonds for the purpose of financing the acquisition, construction and equipping of a hotel facility to be located in said city.

Attachments Resolution #1036-2019

1 Gilmore & Bell, P.C. 10/02/2019

RESOLUTION NO. 1036-2019

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF PARK CITY, KANSAS AMENDING RESOLUTION NO. 996-2018 DETERMINING THE ADVISABILITY OF ISSUING TAXABLE INDUSTRIAL REVENUE BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A HOTEL FACILITY TO BE LOCATED IN SAID CITY

WHEREAS, the City of Park City, Kansas (the "Issuer") desires to promote, stimulate and develop the general economic welfare and prosperity of the City of Park City, and thereby to further promote, stimulate and develop the general economic welfare and prosperity of the State of Kansas; and

WHEREAS, pursuant to the provisions of the Kansas Economic Development Revenue Bond Act, as amended and codified in K.S.A. 12-1740 et seq. (the "Act"), the Issuer is authorized to issue revenue bonds for such purposes; and

WHEREAS, pursuant to Resolution 996-2018, adopted August 14, 2018, the City Council found and determined it to be advisable and in the interest and for the welfare of the Issuer and its inhabitants that revenue bonds of the Issuer in the principal amount not to exceed $6,000,000 (the “Bonds”) be authorized and issued, in one or more series, to provide funds to pay the costs of the acquisition, construction and equipping of a hotel facility (the "Project") to be located in the Issuer and to be leased by the Issuer to 2BDW, LLC, a Kansas limited liability company, or another legal entity to be formed by the principals of 2BDW, LLC (the "Tenant"); and

WHEREAS, the City Council has determined the Project is eligible for a 100% property tax abatement on the Project for a period of six (6) years, to the extent purchased or constructed with the proceeds of the Bonds.

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

Section 1. Amendment. Section 4 of Resolution 996-2018 is hereby amended to read as follows:

Property Tax Exemption. The Issuer hereby determines that pursuant to the provisions of K.S.A. 79-201a Twenty-Fourth, the Project, to the extent purchased or constructed with the proceeds of the Bonds, should be 100% exempt from payment of ad valorem property taxes for six (6) years commencing with the year following the year in which the Bonds are issued, provided proper application is made therefor; provided no exemption may be granted from the ad valorem property tax levied by a school district pursuant to the provisions of K.S.A. 72-8801 (now re-codified as K.S.A. 72-53,113), and amendments thereto. In making such determination the governing body of the Issuer has conducted the public hearing and reviewed the analysis of costs and benefits of such exemption required by K.S.A. 12-1749d. The Tenant is responsible for preparing such application and providing the same to the Issuer for its review and submission to the State Board of Tax Appeals.

SOS\600530.20218\AMENDING RESOLUTION Section 2. Repealer; Ratification. Section 4 of Resolution No. 996-2018 is hereby repealed and replaced in its entirety. The remainder of Resolution No. 996-2018 is hereby ratified and shall remain in full force and effect.

Section 3. Effective Date. This resolution shall become effective upon adoption by the Governing Body.

[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

SOS\600530.20218\AMENDING RESOLUTION 2 ADOPTED by the governing body of the City of Park City, Kansas on October 8, 2019.

[SEAL]

Mayor

Attest:

Clerk

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Resolution of the Issuer adopted by the governing body on October 8, 2019, as the same appears of record in my office.

DATED: October 8, 2019.

Clerk

SOS\600530.20218\AMENDING RESOLUTION Town Secretary Fiscal Year 2012 - 2013

Agenda Item #7

Prepared By: Dee Grunder, Finance Director/City Clerk

Summary: CONSIDER RESOLUTION CONVEYING PROPERTY RELATED TO ROBERTS TRUCK CENTER IRBS TO CAPITAL PROPERTIES 2017, LLC

Background: This resolution conveys property out of the City’s name to Capital Properties 2017, LLC. The property was initially placed in the City’s name due to issuance of Taxable Industrial Revenue Bonds, Series A, 2002 and Series B, 2002 (Roberts Truck Center, Inc. Project). The bonds are no longer outstanding.

Dominic Eck with Gilmore & Bell will attend the Council meeting to explain this agenda item and respond to any questions.

Fiscal Impact None.

Staff Recommendation Staff recommends approval of Resolution #1037-2019 of the Governing Body of the City of Park City, Kansas authorizing the sale and conveyance of certain property to Capital Properties 2017, LLC.

Attachments Resolution #1037-2019

1 Gilmore & Bell, P.C. 09/27/2019

RESOLUTION NO. 1037-2019

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF PARK CITY, KANSAS AUTHORIZING THE SALE AND CONVEYANCE OF CERTAIN PROPERTY TO CAPITAL PROPERTIES 2017, LLC

WHEREAS, pursuant to Ordinance No. 610-2002 and the Bond Agreement dated as of December 18, 2002, the City of Park City, Kansas (the “Issuer”) has previously issued its Taxable Industrial Revenue Bonds, Series A, 2002 and Series B, 2002 (Roberts Truck Center, Inc. Project) in the original aggregate principal amount of $3,500,000 (the "Bonds") to finance the cost of acquiring, constructing and equipping a certain commercial truck sales and repair facility (the "Project"), such Project having been leased to Capital Properties 2017, LLC, a Texas limited liability company (the "Tenant") pursuant to a Lease dated as of December 18, 2002 between the City and the Tenant (the "Lease"); and

WHEREAS, the Tenant desires to exercise its option to purchase the Project under Section 17.1 of the Lease and is not in default under the Lease; and

WHEREAS, the Tenant had made all the payments of Basic Rent and Additional Rent pursuant to the Lease and all principal and interest on the Bonds has been paid or payment has been provided for; and

WHEREAS, Amarillo National Bank, Amarillo, Texas, as the bond registrar and paying agent for the Bonds, has certified that no Bonds remain outstanding; and

WHEREAS, the Tenant has provided the City written notice of its intent to exercise its option to purchase the Project;

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

Section 1. The Mayor and Clerk are authorized and directed to execute a special warranty deed, a bill of sale and a release of lease, in substantially the forms submitted to the Governing Body concurrently with the adoption of this Resolution. The Clerk is directed to deliver the executed special warranty deed, a bill of sale and a release of lease to the Tenant.

Section 2. The Mayor and Clerk are hereby further authorized and directed to sign such other instruments and certificates as shall be necessary and desirable in connection with this Resolution, and are hereby further authorized to take such further actions as may be necessary to accomplish the purposes of this Resolution.

[BALANCE OF THIS PAGE LEFT BLANK INTENTIONALLY] ADOPTED by the governing body of the City of Park City, Kansas on October 8, 2019.

CITY OF PARK CITY, KANSAS

Mayor

[SEAL]

Attest:

By: Clerk

600530.20226\PURCHASE OPTION & TRANSFER OF TITLE Prepared By: Sean Fox, City Administrator Agenda Item #8

Summary: DISCUSS AND CONSIDER APPROVING HIRING MARLO RUGG AS THE NEW CITY CLERK.

Background: Last month, Council approved the job description and authorized the posting for a part-time City Clerk position. The position was posted internally, and after interviewing the qualified applicants, Staff is recommending approval to hire Marlo Rugg to be the new City Clerk.

Marlo has worked as the Park City Payroll and Benefits Clerk since May 2017. Prior to that, she was the City Clerk for Kiowa, Kansas for nearly ten years and has a Kansas/IIMC Municipal Clerks Certification. She has been a tremendous asset to the City, value member of Staff and Staff is confident she will continue to make a positive impact in her new role, if approved.

Fiscal Impact Budgeted – FY2020

Staff Recommendation Staff recommends approval to hire Marlo Rugg as the new City Clerk.

Attachments None

1 Prepared By: Doug Moshier, City Attorney Agenda Item I

Summary:

DISCUSS AND CONSIDER AGREEMENT WITH THE CITY OF PARK CITY TO AUTHORIZE THE REAMORTIZATION OF SPECIAL ASSESSMENTS ON PLATTED LOTS CURRENTLY HELD BY THE LAND BANK.

Background:

At present the Land Bank holds approximately 137 platted lots in the High Ridge 2nd Addition. The special assessments against these lots vary in amount, some variations are significant. If the special assessments against these lots were equalized the Land Bank could more effectively market and dispose of the lots.

There are provisions in the ordinance that the City adopted to establish the Land Bank that permit the Land Bank and the City to agree to, among other things, reamortize existing special assessments on Land Bank property.

Fiscal Impact None. The total amount of special assessments spread against the properties currently held in the Land Bank will not change. The ability of the Land Bank to market these properties will be improved by equalization the burden of the special assessments across all the platted lots in the development.

Staff Recommendation

Staff recommends approval of the proposed Agreement

Attachments

• Proposed Agreement between the City of Park City Land Bank and the City of Park City.

1 AGREEMENT

THIS AGREEMENT made and entered into this day of , 2019, by and between the City of Park City, Kansas, hereinafter the “City”, and City of Park City Land Bank, hereinafter the “Land Bank”.

WHEREAS, the Land Bank holds lands that are encumbered by special assessments owing to the City; and

WHEREAS, the ability to market such lands would be much improved if the amount of such special assessments owing against each parcel were equalized; and

WHEREAS, the City is willing to take the steps necessary to reamortize such special assessments to make them equal over the lands owned by the Land Bank.

NOW, THEREFORE, in consideration of the premises and the mutual promises set forth below, the parties agree as follows:

1. The City will, by ordinance, reamortize the existing special assessments against the platted lots currently owned by the Land Bank such that such special assessments are equally spread against each such platted lot.

2. The Land Bank consents to such reamortization by the City.

IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written.

CITY OF PARK CITY, KANSAS

By Ray Mann, Mayor

City of Park City Land Bank

By Ray Mann, Chairperson Prepared By: Sean Fox, City Administrator Agenda Item II.

Summary: DISCUSS AND CONSIDER APPROVING REAL ESTATE PURCHASE CONTRACT WITH ELITE USA LLC FOR LOTS 1 THROUGH 11, BLOCK J; LOTS 1 THROUGH 13, BLOCK I; AND RESERVES I AND J IN HIGH RIDGE 2ND ADDITION.

Background: In July 2018, the Park City Land Bank approved the sale of 37 lots adjacent to 69th Street North and Hillside in High Ridge 2nd Addition to Elite USA LLC. Construction of the public infrastructure improvements will soon be completed, and the Developer anticipates starting new home construction by year’s end.

Elite USA LLC is requesting to purchase an additional 24 lots directly south of their existing development for $143,351.35. The cost was calculated on a per lot basis consistent, with the previous acquisition and includes Reserves I and J.

Additional terms of the contract include 1. the construction of an east-west shared use path through Reserve I, as outlined in the recently adopted “Connecting Park City” Pedestrian and Bicycle Connectivity Plan and 2. the construction of an Amenity Center on Lot 11, Block J, both of which have been discussed and agreed to by the Developer.

Fiscal Impact $143,351.35 unbudgeted surplus, less 50% title insurance and 50% closing costs.

Staff Recommendation Staff recommends the Park City Land Bank approve and authorize the Mayor to execute the Real Estate Purchase Contract with Elite USA LLC in the amount of $143,351.35 for Lots 1 through 11, Block J; Lots 1 through 13 Block I; and Reserves I and J in High Ridge 2nd Addition.

Attachments • Aerial map • Real Estate Purchase Contract

1 ...... """"'I z 0 """"'I 1-- 0 0 <( <( 1- zCl N c::o I X LU

I REAL ESTATE PURCHASE CONTRACT

THIS AGREEMENT, Made and entered into this day of , 2019 by and between the City of Park City, Kansas, Land Bank, party of the First Part, hereinafter referred to as "Seller," and , party of the Second Part, hereinafter referred to as "Buyer,".

WITNESSETH: That for and in consideration of the mutual promises, covenants and payments hereinafter set out, the parties hereto do hereby contract to and with each other, as follows:

1. The Seller does hereby agree to sell and convey to the Buyer by a good and sufficient warranty deed the following described real property, situated in Sedgwick County, Kansas, to-wit:

Lots 1 through 11, Block J; Lots 1 through 13, Block I; and Reserves I and J, all in High Ridge 2nd Addition to Park City, Sedgwick County, Kansas.

2. The Buyer hereby agrees to purchase, and pay to the Seller, as consideration for the conveyance to him of the above-described real property, the sum of One Hundred Forty Three Thousand Three Hundred Fifty One and 35/100 Dollars ($143,351.35) in the manner following to-wit: $ cash at the execution of this Agreement as earnest money and the balance at closing which shall occur no later than November 15, 2019. In the event that Buyer fails to close by the closing date, the earnest money deposit shall be retained by Seller as liquidated damages and not as a penalty. In the event that the transaction closes, the earnest money deposit shall be applied to the purchase price.

3. A title insurance company's commitment to insure or a complete abstract of title certified to date, to the above described real property, is required showing a merchantable title vested in the Seller, subject to easements and restrictions of record.

The Title Evidence shall be sent to the Buyer at for examination by the Buyer as promptly and expeditiously as possible, and it is understood and agreed that the Seller shall have a reasonable time, but not to exceed thirty (30) days after said Title Evidence has been examined in which to correct any defects in title. If defects in title are not corrected to Buyer’s satisfaction, Buyer, at Buyer’s option, may cancel this contract. In the event an Owners title insurance policy is furnished, the total cost of the commitment to insure and the title insurance policy will be paid 50% by Seller and 50% by Buyer.

4. A duly executed copy of this Purchase Agreement shall be delivered to the parties hereto.

5. All special taxes and ad valorem taxes shall be current through closing and Seller shall, with the assistance of the City of Park City, Kansas, arrange for the abatement of the existing special assessments against the subject property prior to closing.

6. Seller shall place no encumbrances on the property during the period from execution of this contract to closing. 7. As a condition of closing, Buyer shall submit to Seller a valid petition obligating the subject property for 100% of the costs of designing and constructing a pedestrian and bicycle path within Reserve I in accordance with the Seller’s 2019 Pedestrian Connectivity Plan. Seller shall reserve and Buyer shall grant an easement to accommodate such pedestrian and bicycle path within Reserve I sufficient for construction of the same.

8. Buyer agrees that it will construct an activity center on Lot , Block , High Ridge Addition as an amenity for the homes to be constructed on the subject property. This obligation of the Buyer shall survive closing.

9. Possession to be given to Buyer at closing

10. Closing costs shall be paid 50% by Buyer and 50 % by Seller.

WITNESS OUR HANDS AND SEALS the day and year first above written.

SELLER BUYER

By Prepared By: Sean Fox, City Administrator Agenda Item #11

Summary: DISCUSS AND CONSIDER APPROVING SUBMISSION OF AIR CAP DRIVE EXTENSION UNDER THE KANSAS DEPARTMENT OF TRANSPORATION COST SHARE PROGRAM.

Background: Earlier this year, Staff submitted a project application for funding under the Wichita Area Metropolitan Planning Organization (WAMPO) Metropolitan Transportation Plan (MTP) to extend Air Cap Drive between 53rd Street North and 61st Street North. After the initial screening of our submissions, the indications were less than favorable the application would be approved as the “missing link” would most likely be classified a local road providing direct access to commercial business.

Given that information, along with the recent announcement the Kansas Department of Transportation (KDOT) was expanding their Cost Share Program from $11M to $50M, Staff is requesting approval to submit the Air Cap Drive extension for consideration to KDOT. If the City approves submission under the original program guidelines ($11M) the minimum cost share commitment from the City is 15%. If the City approves submission under the updated program guidelines ($50M) the minimum cost share commitment is 25%.

The total estimated cost of the project is $6.427M. KDOT’s cost share covers only construction ($4.797M). The City would be required to pay for preliminary engineering, right-of-way acquisition, utility adjustments, construction engineering and inspection ($1.629M) regardless of submission type, and then either 15% ($719K) or 25% (1.199M) of the construction cost. Total cost to the City, if approved and selected would be either $2.35M or $2.82M.

. Fiscal Impact Unbudgeted CIP. If approved/selected, Staff would recommend temporary financing followed by issuance of General Obligation Bonds.

Staff Recommendation Staff recommends approval to submit a project application to WAMPO for consideration for the extension of Air Cap Drive between 53rd Street North and 61st Street North under the Metropolitan Transportation Plan.

Attachments • Project Application • Cost Share Handout • Cost Share FAQs

1 KDOT Cost Share Program Application Form – September 2019

A. APPLICANT INFORMATION 1. Primary project sponsor: ☐ Governmental Organization ☐ Non-governmental Organization Name of organization: Address: Website (if available): 2. Primary contact person—should be an elected official, an employee or a representative of the primary project sponsor

Name: Title: ☐ ☐ Address: Phone number: Email: 3. Co-sponsor (if applicable): Governmental Organization Non-governmental Organization

Name of organization: Mailing Address: Website (if available): 4. Secondary contact person—should be an elected official, an employee or a representative of the co-sponsor

Name: Title: ☐ ☐ Address: Phone number: Email: 5. Is there a private business or other entity involved in the project? Yes No

Name of business or other entity: Name of contact: ☐ Title: ☐ Address: Phone number: Email: 6. Does this project include a railroad? Yes No

If yes, name of railroad company: Name of contact: Title: Address: Phone number: Email: KDOT Cost Share Program Application Form – September 2019

B. PROJECT INFORMATION (attach additional documents as needed) 1. Project title:

2. Project scope and description—describe the project’s basic design features and include an assessment of the current condition of all transportation facilities relating to the project:

3. Significance and need—describe the project’s regional significance, transportation needs, impacts to the state highway or local road systems, and why Cost Share Program funds are needed: 4. Benefits of the project—describe the nature of the transportation problem at this location and the benefits that would result from the project (i.e. safety improvements, economic impacts, multi-modal enhancements, retain or recruit business, promote job growth, etc.): KDOT Cost Share Program Application Form – September 2019

B. PROJECT INFORMATION continued (attach additional documents as needed) 5. Project details

a. Project location/address (attach map): b. Project length (in miles or feet): c. Current average daily traffic volumes (if available): d. Project limits (mile posts, intersecting roadways, other boundaries):

e. Will this project require right-of-way acquisition or any easements? Yes No f. If yes, do you have a letter-of-support from the property owner? No g. Are any other KDOT funds being used forthis project? Yes No h. Are any state funds involved with this project? (i.e. KDHE, Commerce, etc.) Yes No i. If yes, please explain the source, amount, and conditions: a. State funding source: b. Amount: c. Conditions: ☐ ☐

i. Are any federal funds involved with this project? Yes No j. If yes, please explain the source, amount, and conditions: a. Federal funding source: b. Amount: c. Conditions: ☐ ☐

k. Is this an active project? Yes No l. If yes, please describe the extent of work in progress or completed: KDOT Cost Share Program Application Form – September 2019

C. PROJECT COST ESTIMATES (attach additional documents as needed) Note: A minimum 15% non-state cash match is required. Additional consideration will be given to project applications that commit more. For projects to qualify for the one time $50M, a minimum 25% match is required. Other Non-Participating Costs KDOT Local Total (if applicable) 1. Preliminary 0.00 Engineering/Design 2. Right-of-Way Acquisition 0.00

3. Utility Adjustments 0.00 4. Construction 0.00 Engineering/Inspection

5. Other 0.00

6. Construction 0.00

Total Cost Estimates $ 0.00 $ 0.00 $ 0.00 $ 0.00

D. OTHER INVESTMENTS (attach additional documents as needed) 1. If applicable, describe the associated investment of any private business or other entity that relates to the project. This could include cash, property or equipment purchased or donated, expansion of existing services, etc.: 2. Describe any additional investments being made in the project. This could include utilities provided by the local government, tax incentives, other related grants, etc.: KDOT Cost Share Program Application Form – September 2019

E. PROJECT SCHEDULE and COORDINATION (attach additional documents as needed) 1. Provide the estimated project timeline from beginning to completion. Provide anticipated dates for all project milestones.

Project Milestones Anticipated Completion Dates Consultant Selection

Surveying

Conceptual Design

Field Check Complete

Office Check Complete

ROW/Utilities

Final Check Complete

PSE Submitted

Bid Letting

Begin Construction

End Construction

2. Describe any known KDOT or other projects that may need coordination:

☐ ☐

3. Have any KDOT staff been involved with the project? Yes No

Name: Title: Address: Phone: KDOT Cost Share Program Application Form – September 2019

F. STATEMENT of INTENT Note: The authorized person for the application must read, agree, and sign the statement below for this to be considered an official application. As the Project Sponsor, or as an authorized representative of the Project Sponsor, I hereby submit this Application to the KDOT Cost Share Program. I represent that the information and financial data contained herein and attached hereto are true and correct to the best of my knowledge. I understand that the following conditions apply to this Application: • Additional information may be requested; • I authorize the Kansas Department of Transportation to independently verify any information contained in this Application; and • Acceptance and consideration of this Application does not constitute commitment for financial assistance by the State of Kansas. I assure that this project will be constructed in accordance with the KDOT Cost Share Program application and agreement and all applicable Kansas laws. I assure that all work performed, and all material furnished for the project shall be in reasonable conformity with the plans, specifications, and any authorized revisions thereto, which have been approved by the designer of the approved projects. If the project is approved, I will provide written assurance that: 1. The project will be designed by a licensed professional engineer. 2. All revisions and/or deviations from the plans and specifications will be approved by the project’s designer. 3. The project will be inspected by a certified inspector when the project is open to unrestricted traffic/access and at the time of final acceptance.

Signature:

Printed Name:

Title:

Date:

G. APPLICATION SUBMISSION All 2019 KDOT Cost Share Program applications and attachments must be submitted as a single PDF document. Please submit your signed and completed application packet by October 11, 2019 to be considered for October 2019.

Label your file as “(Name of Applicant)_CostShareApplication.pdf” and submit via email to [email protected] with the subject line "(Name of Applicant): Cost Share Application" Kansas Department of Transportation COST SHARE PROGRAM - FY2020

The Kansas Joint Legislative Transportation Vision Task Force recommended the Kansas BACKGROUND Department of Transportation look at ways to leverage state funding with local and private funding for projects related to job growth and retention.

The Cost Share Program provides financial assistance to local entities for construction projects that improve safety, leverage state funds to increase total transportation investment, and help both rural and urban areas of the state improve the transportation system. OBJECTIVE The Cost Share Program is new and may need to be adjusted based on submitted applications and interest in the program.

Minimum $11 million AVAILABLE Additional $3 -$38 million from one-time, $50 million SGF transfer, dependent on federal grant FUNDING outcomes

Construction projects that address an important transportation need such as promoting safety; ELIGIBLE improving access or mobility; improving condition or relieving congestion. PROJECTS All transportation projects are eligible, including roadway (on and off the state system), rail, airport, bicycle/pedestrian and public transit.

ELIGIBLE Projects typically will be administered by a local unit of government. Non-governmental APPLICANTS applications also will be considered.

A minimum of 15% non-state cash match is required. Additional consideration will be given to LOCAL MATCH project applications that commit more than the minimum required match amount. For projects to qualify for the one-time $50M, a minimum 25% match is required.

Candidate projects should include investments that provide transportation benefits and are not eligible for other KDOT programs. Candidate projects may receive additional consideration if they support economic growth, aid in the retention or recruitment of business or add value to a KDOT REQUIREMENTS project.

Preferred minimum KDOT contribution - $1 million

Applications will be accepted on an ongoing basis beginning Sept. 3, 2019 and will be reviewed SELECTION twice per year, in October and March. Selection criteria will include consideration of projects that PROCESS meet program objectives, eligibility categories and requirements. Geographic distribution also will be considered during project selection.

The Cost Share Program application will be available only on the KDOT website, HOW TO APPLY beginning Sept. 3, 2019.

Lindsey Douglas Deputy Secretary KDOT CONTACT (785) 296-3640 [email protected] 8/14/2019 Kansas Department of Transportation COST SHARE PROGRAM - FY2020

Frequently Asked Questions 1. Do applicants determine which funding source to apply for? A. No. The source of funding will be determined on what level of local match can be provided. There are two sources of funding in the program, one requiring a 15% match and the other a 25% match.

2. Under the requirements section, KDOT states that candidate projects are not eligible for other KDOT programs. If the application is for a project that is eligible for another program, will it be eliminated from consideration? A. No. The applicant should provide information about why the other qualifying program was not utilized in Section B Project Information of the application.

3. What funding sources qualify for ‘non-state match’? A. All non-state sources qualify as match. However, if it appears that a project would be constructed without state funding or that a community is applying for the program to supplant another funding source, that will be weighted against the objectives of the program when the applications are reviewed.

4. What is the minimum non-state contribution? A. There are two sources of funding for the FY 2020 Cost Share Program. The $11 M funded from the State Highway Fund require a 15% match. The additional $50 M funding transferred to the State Highway Fund from the State General Fund requires a 25% match. A portion of the $50 M will provide additional funding for the Cost Share Program. To be eligible for the maximum funding available, the applicant needs to provide a minimum of 25%. Additional contribution above the minimum will be weighed during application review.

5. Should applicants submit letters of support or supplemental materials to the application? A. Applicants should submit whatever materials will show local support for the project, impact to the community and any supplemental materials related to the project. Prepared By: Doug Moshier, City Attorney Agenda Item #12

Summary:

Staff is submitting an amendment to the City’s fireworks regulations. This ordinance amends Section 18-202 relating to the sale and discharge of fireworks in the City. The amendment addresses aerial luminary or sky lanterns and prohibits their sale and use.

Background:

During the time this summer that fireworks were being sold at various locations in the City, staff became aware that there was an inconsistency between the fireworks that our ordinance allowed and those that were allowed by the County. This became a bit of an issue when the fireworks stands were inspected by County fire personnel and told that they were not permitted to display and sell aerial luminarias or sky lanterns. In addition, staff has had inquiries from organizations that wished to use sky lanterns or aerial luminaria for events.

Staff believes that the use of these items within the City presents significant safety issues and that their use should be prohibited.

At present 26 states prohibit their use. Kansas has, at present, not joined that group but Sedgwick County has.

Fiscal Impact None.

Staff Recommendation

Staff recommends adoption of the ordinance amending Section 18-202 prohibiting the sale and use of aerial luminary or sky lanterns.

Attachments

Ord. No. 1079-2019

1 Published once in the Ark Valley News on October 17, 2019.

ORDINANCE NO. 1079-2019

AN ORDINANCE AMENDING SECTION 18-202 OF THE MUNICIPAL CODE OF THE CITY OF PARK CITY, KANSAS, PERTAINING TO THE SALE AND DISCHARGE OF FIREWORKS AND REPEALING THE ORIGINAL OF SAID SECTION.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF PARK CITY, KANSAS:

SECTION 1. Section 18-202 of the Municipal Code of the City of Park City, Kansas, is amended to read as follows:

“18-202. SALE AND DISCHARGE OF FIREWORKS.

(a) Except as hereinafter provided, it shall be unlawful for any person to sell or discharge fireworks as defined by the regulations of the Fire Marshall of the State of Kansas or as defined in subsection (b) hereof within the City of Park City, Kansas. Fireworks that may be sold, displayed, detonated, discharged, and/or ignited within the city limits of Park City, shall only be those devices commonly known as fireworks legal for sale within the State of Kansas unless prohibited in subsection (b) hereof. The discharge of fireworks within the City of Park City, Kansas shall be permitted only between 8:00 A. M. and 10:30 P.M. June 27th through July 2nd. On July 3rd and July 4th the discharge of fireworks will be permitted between the hours of 8:00 A.M. to Midnight.

(b) It is unlawful to sell, offer to sell, or to possess with the intent to sell or offer to sell an aerial luminary. It is unlawful to ignite, fire, set-off or otherwise use an aerial luminary.

An aerial luminary is defined as a sky lantern or a floating lantern and includes any airborne paper object containing a device for fuel that heats air from the inside causing the object to rise into the air and remain airborne until extinguished or any other unmanned free floating device which includes a flame or other heating device to heat air as a lifting mechanism.”

SECTION 2. The original of Section 18-202 is hereby repealed.

SECTION 3. This Ordinance shall take effect and be in force from and after its passage, approval and publication once in the official city newspaper and shall be included in the Municipal Code of the City of Park City, Kansas.

PASSED by the Governing Body on October 8, 2019.

APPROVED by the Mayor on October 8, 2019. (SEAL) Ray Mann, Mayor

ATTEST:

Dee Anne Grunder, City Clerk