Unlocking Home: Legal Forum

Volume 106 - Number 3 April 2020

123 456

Unlocking Home: Legal Forum: Best Practices: Addressing Housing Family medical leave Using Benefit Needs Across act frequently Districts to Promote Housing Development A Publication of Kansas asked questions The League of Kansas Municipalities in your Community Showcase Your City’s Innovations! INSPIRE • CREATE • INNOVATE Community Health COMMUNITY AWARDS Infrastructure Economic Development Public Safety Youth Engagement Communications Youth EngagEmEnt

WINNER: City of Topeka Teen Zoo Camps

Economic DEvElopmEnt

WINNER: City of Merriam Community Grants

communitY hEalth

WINNER: City of Wichita Civic Engagement Activity

Entries must cover new projects or programs completed between January 1, 2019 and May 1, 2020. Entries are due June 5. www.lkm.org/CommunityAwards Volume 106 • Number 3 • April 2020 Contents Features

70 Unlocking Home Find out more about the Kansas Housing Corporation's housing 70 programs and how to address housing issues in your community. 74 Recognizing Your Public Servants This year, take time out in May to celebrate public service in your city. 82 Mixed-Use Housing Find out more about how to use mixed-use housing and using it to benefit your community. 84 Governing Body Profile: Julie Lyon Meet the League’s newest Governing Body member from 74 Stafford. 86 Louisburg's Renovation of Fox Hall A former mechanic shop is renovated into space for the community in the downtown district. 89 Home Rule Highlight This year marks the 60th anniversary of constitutional home rule in Kansas. Find out more about our newly revised manual, Constitutional Home Rule in Kansas.

78 Departments

69 Director’s Foreword 76 Best Practices 78 Legal Forum 90 Kansas Government News 92 Professional Services 76 94 Classified Advertising

Kansas Government Journal • April 2020 67 Connect with the League on Social Media

@LeagueKSMunis @LeagueofKansasMunicipalities

The Kansas Government Journal is published by: © League of Kansas Municipalities 300 S.W. 8th Ave. Suite 100• Topeka, Kansas 66603-3951 Phone: (785) 354-9565 • fax: (785) 354-4186 www.lkm.org

General subscriptions are $40 annually. Subscriptions for League Obituaries member cities and research subscribers are $20 annually. Individual issues cost $5, with an additional $10 charge for the Tax Rate Book edition. William Wallace Bunten, 89, Topeka, died February 29. Bill dedicated his life to public service, beginning with his election to the Kansas House of Nothing herein shall be construed to have the endorsement of the Representatives in 1962. He chaired the House Appropriations committee and publisher unless expressly stated. later served in the Kansas Senate before he was elected Mayor of Topeka. Governing Body Bill greatly enjoyed his years at Topeka High School and at the University of President John McTaggart, Mayor, Edwardsville Kansas, where he was a member of Phi Gamma Delta fraternity. He graduated in 1952 with a degree in Business Administration, after which he served in the Vice President United States Marine Corps, attaining the rank of Captain. He was vice president Sara Caylor, Commissioner, Ottawa of Kaw Dehydrating Company, president of the Bunten Company property Immediate Past President management, and served on many boards and commissions in Topeka. Daron Hall, City Manager, Pittsburg Bill married JoAnn Heyka, of Belleville in 1962, and they enjoyed 58 years Past Presidents Mike Boehm, Mayor, Lenexa of marriage. They raised two children, William Wallace, Jr. and Sandra Ann. John Deardoff, City Manager, Hutchinson Bill adored his family and his absence will leave a lasting void in their lives. He Carl Gerlach, Mayor, Overland Park treasured his years of public service and helping those he served. He was proud of Terry Somers, Mayor, Mount Hope the Topeka community, and he worked tirelessly for its betterment. He loved all Directors animals and made friends with neighborhood dogs during his daily walks. Gary Adrian, Mayor, Colby David Alvey, Mayor, Unified Government of Wyandotte County/Kansas City Nancy J. Brown, 77, Stanley, passed away on March 9. Nancy’s life exemplifies Brenda Davis, City Clerk, Scott City service in countless ways, through her family and community, through church Michelle De La Isla, Mayor, Topeka and the Methodist denomination, through political life, and public service. Nancy Darrell Dupree, Councilmember, Cimarron Sollie Flora, Councilmember, Mission married Myron Brown in 1969. When the family moved in 1980 from Illinois to Mark Govea, Mayor, Osawatomie the Blue Valley community, she instantly became involved with her sons’ schools Jason Jones, Councilmember, Hesston Julie Lyon, Mayor, Stafford and her neighborhood homes association, as well as the Blue Valley community. David McDaniel, Mayor, Ellis Known for her passion, activism and leadership skills – and particularly for Shawn Rizza, Mayor, Atchison James Toews, Mayor, Inman championing the rights of all people – she was asked by her Blue Valley friends to Joyce Warshaw, Commissioner, Dodge City run for the Kansas House of Representatives in 1984. She became the first female Toni Wheeler, City Attorney, Lawrence Brandon Whipple, Mayor, Wichita in Johnson County to be elected to the Kansas House, where she served with J. Michael Wilkes, City Manager, Olathe honor and integrity for 10 years. She chaired the Kansas House of Representatives Local Government Committee. Nancy became actively involved in the National Executive Director Erik Sartorius Conference of State Legislatures (NCSL), serving as chair of the State-Local Tribal Relations Committee, and as a member of the State-Local Relations Committee Kansas Government Journal Staff and Fiscal Affairs Working Group. She was a co-founder of the Women’s Editor in Chief Legislative Network of the National Conference of State Legislatures Megan Gilliland David Warren ‘Dave” Butler, 70, Atchison, died on February 5. Dave was League Staff born on May 8, 1949 in Kansas City, Kansas, and graduated from Atchison High Sydney Bannister, Management Intern Deborah Barnes, Staff Attorney School in 1967. He received his Bachelor of Science degree in Pharmacy from Trey Cocking, Deputy Director the University of Kansas. David worked with his father in the family business Kate Cooley, Conference/Marketing Coordinator in Atchison. After retiring from his career in pharmacy, he volunteered as a Megan Gilliland, Communications and Education Manager John Goodyear, Staff Attorney pharmacist at the Atchison Community Health Clinic. He was awarded the Bowl Whitlee Greene, Design & Print Intern of Hygeia Award from the National Pharmacy Association for his community Nikki Harrison, Member Services Coordinator service and named Citizen of the Year by the Atchison Daily Globe. Dave was an Tami Martin, Legal Services Coordinator Atchison City Commissioner for over 23 years and served as Mayor of Atchison Rynae Redd, Finance and Human Resources Manager Erik Sartorius, Executive Director for several terms. He enjoyed golfing, fishing, traveling, smoking a cigar, and Amanda Stanley, General Counsel bourbon. Mr. Butler was one of the most dedicated, positive people who never Wendi Stark, Census Outreach Manager knew a stranger and loved to talk up, promote, and work to improve his hometown Darby VanHoutan, Legal Extern Kaitlyn Willis, Administrative Assistant of Atchison. He was proud of the new bridge project that he and the commission worked so hard on getting built during his time on the commission. He also was The mission of the League shall be to strengthen and advocate for the an avid KU Basketball Fan and KU Alumnus. Dave was married to Kathleen M. interests of Kansas municipalities to advance the general welfare and Bell in 1976. Kathy survives of their home in Atchison. promote the quality of life of the people who live within our cities.

68 Kansas Government Journal • April 2020 Director’s Foreword By Erik Sartorius

Cities are here, with employees across the spectrum doing what is necessary to answer residents’ questions, provide public safety, and keep utilities running. That is our cities in action!

ell, the topic for this month’s column is a no-brainer, Please keep the questions coming. Please reach out if you are right? The question is: what do you say about a hitting dead ends in connecting with state or federal agencies. pandemic, especially when what you are writing Let us know how federal assistance is or is not helping you, or if won’tW be in anyone’s hands for three weeks? state or county orders are causing unexpected problems. We have Two weeks ago (from when this was written), I had just returned a strong collection of relationships that we can employ to push from the National League of Cities’ Congressional City Conference. through some roadblocks. The mood over those days became increasingly serious, and We know, for instance, that the first few federal laws responding people were already taking the precautions of increased hygiene to coronavirus have had gaps for local governments. We need and social distancing. We had our meetings with the Kansas clarification on who qualifies as an “emergency responder.” We delegation on Capitol Hill. I visited with colleagues who had need local governments to be reimbursed for emergency leave annual conferences in the coming weeks they were worried about. for coronavirus just like private businesses are being afforded. As Life, however, was still fairly normal. And now… more specifics are released and additional programs are rolled out, Let me start with the obvious: very few of us had “pandemic” we want to be able to take your feedback and shape the laws so that on our list of things we were expecting for 2020. Saying “no one they work for cities. saw this coming” is not correct. Many people who deal with The fallout from the coronavirus pandemic will not be emergency management scenarios saw a global pandemic as a immediately clear. I do not want to put estimates in my column “when it occurs” not an “if” scenario. We all tend to congregate as to the financial impact cities will see. What I will do is caution our thinking, resources, and efforts around planning for the you to begin thinking now as to how your city’s current and 2021 scenarios we feel are most likely on our horizon. And that is why budgets (and beyond?) may be impacted. Your sales tax receipts we feel that “no one saw this coming.” For the majority of us, this for March will likely be up, as everyone ran out to make purchases. situation was a bolt out of the blue. However, with business ordered to close and general economic So, here we are. Cities are here, with employees across the uncertainty, you should expect sales tax receipts to not be meeting spectrum doing what is necessary to answer residents’ questions, expectations, certainly this current budget year. The impact of the provide public safety, and keep utilities running. I have been pandemic on property values should be considered, as well. Again, overwhelmed by how you all have put your heads down and estimates with any real firmness about them are still developing. gotten to work. You have focused on the issues needing immediate As I wrap up for this month, let me leave you with a few simple attention, rather than spending time in “woe are we” mode. You thoughts. First, put on your own oxygen mask before assisting have reached out to each other for support and to provide support. others. That is the phrase we all hear every flight we take. That You have applied creative solutions to challenges and have worked is, you are not going to be in a good position to help others if you through situations that had the certainty of quicksand. That is our (and your organization) are first worrying about everyone else’s cities in action! I am amazed – but not surprised – by how your problems. Second, once your mask is on, take a deep breath. This cities are reacting. is going to be a marathon, and you are not going to be alone. There For us at the League, this has been new territory, as well. We is a lot of federal assistance coming (probably even more by the eased into working from home a few employees at a time. We time you receive this magazine). You can not tackle everything. have now learned more about remote meetings, remote access to Focus on your operations. Residents and businesses are relying on files, working surrounded by household distractions, and how to the services you currently provide; that is what they need at the remain closely connected to our members from a distance than moment. Be well – you are doing great! we probably thought possible. I know it has been gratifying for us Please share any questions, concerns, or comments with me at to be able to hear that our work is making your jobs easier. While [email protected]. we feel that is the case with the information we always provide, we really are glad to be able to do our part in making your challenges just a little easier to manage.

Kansas Government Journal • April 2020 69 UNLOCKING HOME:

123 456 ADDRESSING HOUSING NEEDS ACROSS KANSAS By Emily Sharp, Director of Communications, Kansas Housing Corporation

In 2007, Cherise Tieben, City Manager of Dodge City, attended achieve it, and what roadblocks stand in the way. Lack of quality, a meeting of local bankers, developers, realtors, and employers to affordable housing was cited as a major barrier to growth and discuss the community’s housing needs. prosperity at 10 of the 12 tour stops. “I went to the meeting a firm believer that housing was a Ryan Vincent serves as Executive Director of Kansas Housing market-driven segment of our economy and there was no need Resources Corporation (KHRC), which administers state and for government to step in,” Tieben testified to the Kansas House federal housing programs. “As the state’s housing corporation, our Rural Revitalization Committee in 2019. As she listened to her role is to connect the dots,” he said. “To bring the right players to colleagues’ and community members’ stories, the complex and the table as the catalyst for housing development, which ultimately dire nature of the problem became more apparent. strengthens neighborhoods, revitalizes communities, expands the “Employers were placing recruited individuals in hotels for tax base, and promotes the economy.” up to six months while they tried to find housing; the potential The approach is three-pronged: In collaboration with housing citizen usually left dissatisfied,” Tieben said. “Families were partners, Kansas Housing works with communities to assess needs. living in unbelievable conditions and paying premium for the Next, the team connects community leaders with stakeholders opportunity. Teachers were living in the basements of other who can suggest resources and programs that might be a good fit. teachers. I heard contractors say that the cost of infrastructure Finally, housing partners help communities navigate the maze of was too high, and the risk was too great. Realtors told us that most programs and services available, providing support throughout of the available housing was overpriced and difficult to sell.” the application and award process. Tieben left the meeting cautiously skeptical. “As an accountant, Assessing the Need I wanted numbers indicating the need was verifiable,” she said. “We view our role as a statewide entity serving all stakeholders,” Over the course of the following year, the city pursued a Vincent said. “While we administer a number of programs serving comprehensive housing study, which confirmed that each of the everyone from the unsheltered to homeowners, we recognize that concerns shared were accurate. The data indicated that, if Dodge no community’s specific needs are the same.” City were to keep pace with projected growth, the community In Dodge City, the process began with a comprehensive housing would need 946 new housing units between 2008 and 2013. study that revealed the depth of the community’s needs. The same Unfortunately, Dodge City’s experience is not unique. Across the can be said for other cities taking steps to address housing in state communities struggle to provide quality, affordable housing their communities. Audree Aguilera, Community Development for low to moderate-income residents. For rural communities, Coordinator for the City of Lyons in Rice County said the research the dearth of contractors and high cost of development make stage proved illuminating. investing in housing a particularly risky proposition. “The first thing any community should do is the Housing Lt. Governor Lynn Rogers’ newly formed Office of Rural Assessment,” Aguilera said. “You may identify things you didn’t Prosperity kicked off last summer with a listening tour of 44 even know about your community.” communities across the state. Administration officials gathered Kansas Housing, working in partnership with the Department of with citizens and local leaders to explore how Kansans define Commerce, assists communities in navigating the process through prosperity, what they feel their communities have done well to

70 Kansas Government Journal • April 2020 their Housing Assessment Tool (HAT). The HAT provides a the process and participate in HIAC conversations. The group template for assessing a community’s current housing inventory proved effective not only in determining needs, but in building and demographics, infrastructure, and services. Input is solicited relationships with housing partners and preparing funding from community members and stakeholders ranging from major applications. employers and business leaders, to public agencies, social service Since the 1990s, Emporia has participated in a series of housing providers, and community organizations. While the process is programs, including the Department of Commerce’s Community comprehensive, it need not be expensive or cumbersome. Development Block Grant (CDBG) program, the state’s Communities with resources to do so may choose to work Moderate Income Housing (MIH) program, and Rural Housing with external consultants or paid staff who can assist them in Incentive Districts (RHID) to spur new housing development. completing their HAT, but city officials stress it’s not necessary. Program funding has supported demolition and rehabilitation Rural communities like Lyons completed their HAT without of dilapidated homes, new construction, and down payment the assistance of paid consultants. Others, including Greenleaf, assistance for new homeowners. a community of just over 300 near the Nebraska border, “There’s been a tremendous change for the better,” Lynch said. found the support of partners like the North Central Regional “We’ve learned lessons along the way, and we’re going to keep the Planning Commission (NCRPC) instrumental in the needs process going.” assessment process. Greenleaf leaders had embarked on a series of infrastructure improvements and beautification efforts when The HIAC process provides a “good opportunity for small cities NCRPC made them aware of a Department of Commerce to see which programs are available and what might work well program to demolish dilapidated homes and rehabilitate for them,” said Nick Gregory, McPherson City Administrator. those that could be salvaged. With guidance and support from His central Kansas community of nearly 14,000 has struggled to NCRPC, city leaders began soliciting input and interest from the provide enough housing to meet the needs of its robust industrial community. They sent mailings, conducted a resident survey, base. Between 2013 and 2018 the community added nearly 700 hosted informational meetings, posted flyers, and appealed jobs, most in manufacturing. Leaders responded to the demand directly to citizens they thought might be interested. by constructing 244 new housing units during roughly the same period, financed in part through the RHID program, Housing “We were surprised initially at the amount of people who Tax Credits, and local cash incentives to encourage citizens to wanted to be involved,” Mayor John McGrath said. “We put out purchase or build homes in the community. McPherson also the word and with the size of the community, once that word made use of CDBG to finance the demolition or rehabilitation got out people talked to each other. That process didn’t take very of dilapidated properties. Looking ahead, the community has set long. We didn’t have to have anybody around, we didn’t have to its sights on the MIH program, a state tool to address housing have staff.” needs for those who earn too much to qualify for federal housing No matter the size of the community, leaders stress that programs yet can’t afford market rate housing. collaboration in the needs assessment process is essential. “I’ve been here for 10 years, and the issue is not solved, but you “When we first did it, it was very intense, a little bit have to keep going,” Gregory said. “Housing is something that overwhelming,” Emporia Community Development Coordinator you can’t just build and expect you’ll have what you need. You’ve Jeff Lynch said. Emporia officials conducted a citywide survey got to look at new, creative ideas, see if existing ideas are working. and had conversations with key stakeholders, including the local You can’t ever rest on your laurels.” school district, major employers, and social service agencies. “We assembled all that information, and it was pretty easy to see what the public and stakeholders were concerned about,” Lynch said. “It took a few months to do but in the end it was worth it. It gave us more information and reinforced what was needed.” Before Collaboration and Solutions Once a community has a good understanding of its needs, housing officials encourage them to attend a Housing Interagency Advisory Committee (HIAC) meeting. KHRC, along with USDA Rural Development, Federal Home Loan Bank of Topeka, and the Kansas Department of Commerce, hosts joint meetings to allow funders the opportunity to learn, listen, and suggest resources for communities to address their specific housing needs. With all parties gathered around the same table, there’s no need to schedule separate appointments or risk disjointed recommendations. After “You meet with other folks in the housing business at the state, and you tell them what you found out in your HAT,” Lynch said. “They advise you on resources available.” Emporia officials also organized a committee of community volunteers to guide

Kansas Government Journal • April 2020 71

Addressing the Need It’s been more than a decade since Cherise Tieben sat down with local leaders to tackle Dodge City’s housing shortage. In that time, through aggressive needs assessment, collaboration with local, state, and federal partners, and participation in a number of housing programs and initiatives, the community has successfully Statewide Initiatives developed nearly 456 units, with another 30 under construction and more than 280 in development. City leaders offered housing & Rural Opportunities incentives through Neighborhood Revitalization Programs, RHID initiatives, and local fee waivers. They established a MODERATE INCOME HOUSING PROGRAM. In 2012 the Housing Incentive Committee with representation from each Kansas Legislature recognized the essential tie between taxing entity, appointed a Housing Coordinator to serve as a single affordable housing and economic development, point of contact for all of the city’s housing development, and establishing the Moderate Income Housing (MIH) pursued funding through the state’s MIH program and USDA’s program. The initiative serves those who earn too Rural Development initiatives. City leaders have also prioritized much to qualify for federal housing programs, yet not ongoing needs assessment, updating their housing study regularly enough to afford market rate housing. Each year since to make sure the numbers are accurate. the program’s inception, the Kansas Legislature has Partnership with community organizations and local allocated $2 million to address housing needs from educational institutions also proved fruitful. Community leaders infrastructure development to new construction in established a nonprofit organization, Community Housing cities or counties with a population of less than 60,000. Association of Dodge City (CHAD), which works in cooperation The flexibility and responsiveness of the program with volunteers and the building trades program at Dodge City are its greatest assets. “If communities identify that Community College to tackle blight, rehabilitate abandoned their need is single family housing, or infrastructure homes, and stimulate infill development, all while giving students development, the program is so flexible we can grant or hands-on construction and renovation experience. CHAD has loan the funds to address their unique needs,” Vincent built four new housing units, renovated eight abandoned homes, said. The program is competitive and growing in assisted 28 low-income homeowners with repairs, trained 31 popularity, with applications doubling in 2019 alone. students, awarded $10,500 in scholarships, logged 4,474 volunteer “The MIH program has been incredibly beneficial for a hours, invested $400,000 in the community, and was awarded wide range of community housing needs. It has worked KHRC’s Ad Astra Award for Housing Preservation in 2019. because it is flexible and KHRC has a tremendous staff While the community is still working to address the need, city that assists communities with ideas and suggestions to leaders have made tremendous progress. Dodge City was one of overcome challenges,” Tieben said. just two communities on the Lt. Governor’s listening tour that did not identify lack of housing as a barrier to growth, perhaps due to OFFICE OF RURAL PROSPERITY HOUSING WORK GROUP. the city’s ambitious efforts to address the challenge. Following up on the success of his statewide listening “We have touched every aspect of housing from single family tour, the Lt. Governor’s Office of Rural Prosperity high market values to low income, as well as multifamily market launched an interagency work group to tackle housing value to low income rentals,” Tieben said. issues across the state. The group will explore how state leaders, federal partners, and industry stakeholders Reflecting on his community’s experience addressing housing can expand moderate income housing, remove needs, Nick Gregory echoes the lessons learned in communities barriers to rehabilitation and development, maximize from Dodge City to Greenleaf. “In housing you’re growing or impact of state funding and investment, and replicate you’re dying as a community,” he said. “You’ve got to continue, successful public/private partnerships to encourage to stay alive and thrive.” prosperity in rural communities. The goal of the group is to develop a long-term housing vision to analyze Emily Sharp is the Communications Director of the Kansas the research, catalog the resources available, and Housing Corporation. Find out more information about the Kansas propose recommendations to expand access to quality, Housing Corporation on-line https://kshousingcorp.org. Emily can affordable housing across the state. be reached at [email protected] or (785) 217-2012.

72 Kansas Government Journal • April 2020

What Are Cities Saying about housing?

Emporia: Lyons: Population: Almost 25,000 Population: 3,700 Community Housing Challenge: Dilapidated housing, Community Housing Challenge: Shortage of quality, mid- shortage of low-to-moderate income housing, workforce range housing to address the needs of moderate income housing, minimal build-able lots or green space for new households development. Housing Programs Used: MIH, HOME, CDBG, Housing Programs Used: CDBG, MIH, RHID Weatherization Advice to Others: “The first thing I’d do is develop a Advice to Others: “We’ve brought in more jobs and we’ve neighborhood revitalization program that allows people sustained jobs, but also our population. The population to invest in the area and offer a tax rebate or incentive. of the city of Lyons has stayed about the same, where Then you can apply for funding to assist with demolition in just about any other small community around us and rehab. Starting out with a revitalization program population is declining rapidly. Sustaining population doesn’t cost money and, once started, doesn’t take is the biggest ripple of housing projects we’ve done.” much to run.” – Jeff Lynch, Community Development – Audree Aguilera, Community Development Coordinator, Coordinator, City of Emporia City of Lyons McPherson: Greenleaf: Population: Almost 14,000 Population: 331 Community Housing Challenge: Keeping up with housing demands of growing industrial base. Community Housing Challenge: Dilapidated housing, aging infrastructure Housing Programs Used: RHID, CDBG, Housing Tax Credits, Local homeownership, relocation cash assistance Housing Program Used: CDBG programs Advice to Others: “The process isn’t as daunting as Advice to Others: “Development doesn’t happen you may think. The state has resources that will walk overnight. We worked nearly five years on our last you through this process. Any small community has an development before it got off the ground. Think about opportunity for assistance. All you have to do is ask.” how you’re going to grow—it’s different for different – John McGrath, Mayor, City of Greenleaf communities.” – Nick Gregory, City Administrator, City of McPherson

No matter the size of the community, leaders stress that collaboration in the needs assessment process is essential.

Kansas Government Journal • April 2020 73 JOIN US IN CELEBRATING PUBLIC SERVICE RECOGNITION WEEK

WHAT IS PUBLIC SERVICE RECOGNITION RESOURCES TO HELP YOU WEEK?JOINJoin us US in INcelebrating CELEBRATINGWe hope you will joinpublic this year’s PSRW celebration. We Celebrated the first full week in May since 1985, Public understand that many celebrants around the country Service PUBLIC Recognition Week ( PSRWSERVICE) is a time set aside RECOGNITION often have very limited budgets, WEEK time and space to to honor servantsthe men and women who serve across our nation as thecarry out state a PSRW celebration, and so we developed federal, state, county and local government employees. this guide to help you observe in a low-cost way Public Throughout the nation and the world, public servants Service Recognition Week in your communities. WHAT IS PUBLIC SERVICE RECOGNITION RESOURCES TO HELP YOU use this occasion to educate others about the work they WEEK? We hope you will join this year’s PSRW celebration. We do and why they have chosen public service careers, as Additional resources and sample document templates Celebrated the first full week in May since 1985, Public understand that many celebrants around the country well as the many ways government services make life are available in the appendix of this document to help Service Recognition Week (PSRW) is a time set aside often have very limited budgets, time and space to better for all of us. facilitate your participation in PSRW whether you are to honor the men and women who serve our nation as carry out a PSRW celebration, and so we developed from a government agency, Federal Executive Board federal, state, county and local government employees. this guide to help you observe in a low-cost way Public From the steps of the Capitol to the smallest towns, (FEB), military base or school. In particular, these Throughout the nation and the world, public servants Service Recognition Week in your communities. public servants will participate in ceremonies, online resources provide ideas and tools to help you use this occasion to educate others about the work they information fairs, parades and other events in their reach out to your community, the media and local do and why they have chosen public service careers, as Additional resources and sample document templates honor. At the same time, they will work to open new educators. well as the many ways government services make life are available in the appendix of this document to help avenues of communication with the public about the better for all of us. facilitate your participation in PSRW whether you are essential value of government service in sustaining the Many of the ideas are simple, fun and inexpensive. from a government agency, Federal Executive Board quality of American life. Others require more coordination, planning and From the steps of the Capitol to the smallest towns, (FEB), military base or school. In particular, these preparation. Whatever you do, it’s a step toward public public servants will participate in ceremonies, online resources provide ideas and tools to help you servants receiving the respect and appreciation they information fairs, parades and other events in their reach out to your community, the media and local deserve. honor. At the same time, they will work to open new educators. avenues of communication with the public about the essential value of government service in sustaining the Many of the ideas are simple, fun and inexpensive. quality of American life. Others require more coordination, planning and preparation. Whatever you do, it’s a step toward public servants receiving the respect and appreciation they deserve.

FOR MORE INFORMATION Visit psrw.org, email [email protected], or call the Partnership for Public Service at (202) 775-9111 for more information about how your organization can participate in PSRW.

74 Kansas Government Journal • April 2020

FOR MORE INFORMATION Visit psrw.org, email [email protected], or call the Partnership for Public Service at (202) 775-9111 for more information about how your organization can participate in PSRW. Kansas Government Insurance Specialist

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FOR MORE INFORMATION Visit psrw.org, email [email protected], or call the Partnership for Public Service at www.lkm.org/publications (202) 775-9111 for more information about how your organization can participate in PSRW.

Kansas Government Journal • April 2020 75

Provided by Gregory M. Vahrenberg, Managing Director, Raymond James & Associates, Inc.

or many years, cities in Kansas have used benefit districts • (c) To improve main and lateral storm water drains and to promote housing and other development. The benefit sanitary sewer systems and appurtenances thereto; district statute is a powerful economic development tool • (d) To improve street lights and street lighting systems; thatF is often used in partnership between developers and cities. It is quite common for a benefit district to be used for housing • (e) To improve waterworks systems owned by the city development projects such as a new subdivision development. and water distribution systems owned and operated by a However, since general obligation bonds are often issued to water district established pursuant to K.S.A. 19-3501 et permanently finance the improvements, this tool should be used seq., and amendments thereto; with certain safeguards in order to not overly expose the taxpayers • (f) To improve parks, playgrounds and recreational in a city to covering the cost of a failed development project or facilities; delinquent special assessments. • (g) To improve any street or other facility by landscaping, K.S.A. 12-6a01 et seq. (the “Act”) authorizes a city to make planting of trees, shrubs and other perennial plants; improvements that benefit property in a defined area in the city. • (h) To improve dikes, levees and other flood control Specifically, a city is authorized to do any of the following: works, gates, lift stations, bridges and streets appurtenant • (a) Acquire (1) property or interest in property when thereto; necessary for any of the purposes authorized by the Act • (i) To improve vehicle and pedestrian bridges, overpasses and (2) any improvement authorized to be constructed and tunnels; under the Act (i.e. a City can acquire existing improvements which were authorized pursuant to the • (j) To improve retaining walls and area walls on public Act); ways or land abutting thereon; • (b) To open, widen and extend streets and otherwise • (k) To improve property for off-street parking facilities to improve paving and other surfacing, gutters, including construction and equipment of buildings curbs, sidewalks, crosswalks, driveway entrances and thereon for such purpose; and structures, drainage works incidental thereto, and • (l) Asbestos control projects and lead control projects. service connections from sewer, water, gas and other utility mains, conduits or pipes necessarily lying within curb lines; 76 Kansas Government Journal • April 2020 The Act authorizes a city desiring to make such improvements to create improvement districts within the city and to assess all or a portion of the costs of making the improvements therein to property within the improvement district and benefited by such improvements. The governing body of the city may authorize an improvement and create the related improvement district in one of three ways that generally consist of adopting a resolution and holding a public hearing; receipt of a petition request from the property owners in the district or by obtaining a waiver of the process signed by all property owners in the district. The improvements are initially financed through the issuance of temporary notes that provide funds to pay the cost of construction. Once the project is complete, the property owners are provided notice of their special assessment and given an opportunity to either prepay their assessment in full or finance their special assessment over a period of time. If not prepaid, the city will issue general obligation bonds that are repaid from the special assessment collections over time. The safeguards that should be considered by a city are designed to protect the city-at-large taxpayers while still facilitating the development project. As an example, the city may require the developer to post a letter-of-credit with a bank for the benefit of the city that will be reduced, and eventually eliminated, as the developer sells property to non-affiliated owners. Concentration risk occurs when the special assessments are paid by just one developer or a limited number of property owners. As lots are sold to owners this diversifies property ownership in the benefit district and reduces the concentration risk. The letter- of-credit can be drawn upon to cover delinquent special assessments. Another safeguard that can be used is a limitation on the maximum exposure by a city to any one developer. Many cities create benefit district policies that set forth the conditions under which the city will consider a benefit district and requirements for safeguards such as the letter-of-credit requirement and maximum exposure to any one developer. If used properly and with care, the use of benefit districts can promote housing and other development for cities in Kansas.

Raymond James & Associates, Inc. is a League Member Business Alliance company providing municipal bond underwriting and financial advisory services to cities, counties, school districts and other issuers of bonds throughout Kansas. Visit their website at www. RJPublicFinance.com. Greg Vahrenberg can be reached at [email protected] or (816) 509-5451.

Kansas Government Journal • April 2020 77 Legal Forum Frequently Asked Questions: FMLA By Amanda L. Stanley, General Counsel, League of Kansas Municipalities

As part of the federal stimulus package in response to Do the 12 months have to be consecutive? COVID-19, the federal government expanded certain types of No, any time previously worked (including seasonal work) paid leave for governmental employees. One of the ways this was counts toward the 12-month requirement. accomplished was by temporarily modifying the Family Medical Leave Act (FMLA). You can read all about the changes at the What if we have 50 employees on the job when someone gives League's COVID-19 resource web page, www.lkm.org/page/ FMLA notice, but a couple hours later we only have 49? COVID-19. In order to understand the new law; however, it is The municipality must still give the employee FMLA leave. helpful for cities to understand traditional FMLA. What is an eligible employee entitled to? What is FMLA? Up to 12 work-weeks of unpaid leave in a 12-month time for a The Family & Medical Leave Act allows eligible employees of qualified reason. An employee may take up to 26 work-weeks in covered employers to take unpaid leave for specified family and a 12-month time if the employee is caring for a related service- medical reasons. member under the Military Caregiver Leave Act. Are municipalities covered employers? What reasons qualify? Yes, any public agency — including a local, state, or federal • Birth of a child or placement in adoption or foster care. entity — is a covered employer, regardless of how many people • Caring for a sick child, spouse, parent with a serious health are working for the municipality at a given a time BUT that does condition. not mean a city’s employees are automatically eligible employees. • Having serious health conditions that makes the employees Which employees are covered by FMLA? unable to do the essential functions of their jobs. An eligible employee is one that: • Qualifying exigency related to a child, spouse, or parent is a • Works for a covered employer; military member on active duty or called to active duty. • Has worked for the employer for at least 12 months; What counts as a serious health condition? • Has worked at least 1,250 hours for the employer in the For purposes of FMLA, serious health condition entitling an last 12 months. This means about 32 weeks assuming a employee to FMLA leave means an illness, injury, impairment 40-hour work week; or physical or mental condition that involves inpatient care — • Works at a location that employs at least 50 workers in a defined as an overnight stay in a hospital, hospice, or residential 75-mile radius; and medical care facility — or requires continuing treatment by a health care provider for: • Has not already exhausted FMLA benefits. • Incapacity for more than three days; How are the 50 workers counted? Is this just full-time equivalent workers? • Pregnancy and prenatal care; 50 workers means 50 individuals on the payroll when an • Chronic conditions (requires at least two health care employee requests FMLA. This includes full time, part time, and providers a year, may occur intermittently); temporary workers. If the individual is on the payroll, he or she is • Permanent or long-term conditions such as a stroke; or counted. • Treatments requiring multiple treatments such as surgery.

78 Kansas Government Journal • April 2020 Can the leave be taken an on intermittent basis allowing the The municipality employs a married couple and they have both employee to work on a less than full time schedule? asked for FMLA leave. Are both spouses entitled to 12 work- Yes. weeks? Do they have to give notice? It depends. Employers may only limit combined leave to spouses for: Yes. If leave is foreseeable, employees should give 30 days- notice. Where leave is unforeseeable, employees should inform • The birth of a child; the employer as soon as practicable. If this is the employees’ first • Placement of a child for adoption or foster care; or time asking for FMLA leave for a serious medical condition, they • Care for a parent with a serious medical condition. do not need to expressly say or mention FMLA. Employers may not limit FMLA leave if the employees are caring What documentation do employees need to provide? for a child with a serious medical condition or the employees An employer may require certification by a medical provider of themselves are affected by a serious medical condition. the serious medical condition. The employer may also ask for a Does a city have to post any kind of notice? second and third medical opinion. Yes. All employers must post a general notice explaining Do we need to continue to provide health insurance while the the FMLA’s provisions and providing information regarding employee is gone? procedures for filing a claim under the Act in a conspicuous place Yes, if the employee and their family is part of a group where it can be seen by employees and applicants. An employer health insurance plan, the employer must continue to pay their must post notice even if no employees are eligible for FMLA Leave. contribution toward it. How long does a city have to grant or deny FMLA leave requests? What about other benefits? Absent extenuating circumstances, a city should respond to Whether or not the employer needs to continue other benefits requests within 5 business days. If the request is denied, the city depends on the employer’s established internal policy. Generally, must provide at least one reason why the request was denied. If employees on unpaid FMLA will not accrue any seniority, the request is granted, the city should also notify the employee of vacation, or sick leave benefits. If the employee is substituting paid the specific expectations and obligations associated with the leave, leave in FMLA leave, the employer generally must continue the whether the employee will be required to provide certification other benefits during the paid leave. of the qualifying reason for leave, and the employee’s right to What about when the employees come back from leave? substitute paid leave. Employees must be restored to their same job and benefits or a position with equivalent benefits, pay, and other terms and Amanda Stanley is the General Counsel for the League of conditions of employment upon returning from FMLA. Kansas Municipalities. She can be reached via phone at (785) 354- What are the limits to FMLA protections? 9565 or e-mail at [email protected]. Employees are not entitled to job restoration to if the job or hours would have otherwise been eliminated. For example, if the employee was laid off, the employer may show that the employee would have been laid off regardless of whether they were on FMLA leave.

Kansas Government Journal • April 2020 79 Bind Your Kansas Government Journals for Future Reference

Each year, the League sends sets of the Kansas Government Journal off to a bindery that preserves the issues into a hardbound cover. To have your city’s Kansas Government Journal’s bound, contact us by July 11. November 2019 9 Volume 105 - Number

All 10 copies of the 2019 Kansas Government Journal will be bound in book form with the name of the magazine, the year, and the volume stamped on the cover and spine for just $45 per volume, plus shipping. Missing copies of the magazine? The League will supply any copy of the Kansas Government Journal for $5 per issue, except for March, which is $10.

Veterans Transition Programs Please have all your magazines sent in no later than July 11, 2020. Colwich Reimagines the Possibilites Questions? Please contact Megan Gilliland, Communications and

A Publication of The Life Cycle of a City The League of Kansas Municipalities Education Manager, for the League at (785) 354-9565.

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80 Kansas Government Journal • April 2020 this is an unprecedented and turbulent time for cities across our nation. we are here for you. The League Governing Body and Staff are working to support our member cities by supporting you with continually updated legal and operational guidance. these are trying times. we will get through this, together. visit our League COVID-19 Resource Page at www.lkm.org/COVID-19

Constitutional Home Rule in Kansas

Commemorating the 58th Year of the version Constitutional Home Rule in Kansas NINTH EDITION

League of Kansas Municipalities 300 SW Eighth Street Topeka, KS 66603 IS available! March 2019

www.lkm.org/publications

Kansas Government Journal • April 2020 81 MIXED-USE HOUSING: BALANCING MIXED-USE HOUSING A shared issue of interest between all levels of government is housing. A complex and multi-faceted challenge, housing is a top focus of many municipalities as we head into this next decade. USES IN Much of the conversation surrounding housing focuses on affordability and rightfully so as the U.S. Department of Housing and Urban Development (HUD) estimates 12 million renters and homeowner households pay more than 50% of their annual incomes for housing. This focus on affordability however, is much like the issue of housing in that it is complex and the parent of many subtopics such as aging, blight, housing, immigration, ONE PLACE mixed-use, neighborhoods, open space, veterans homelessness, and zoning. One of the commonly overlooked and secret gems of these topics is mixed-use housing.

WHAT IS MIXED-USE HOUSING? Mixed-use housing is exactly what it sounds like, multi-purposed TO BENEFIT developments. According to HUD, mixed-use development is flexible zoning which allows various types of land uses, including office, commercial, residential, and in some cases light industrial or manufacturing, to be combined within a single development or district. So how does mixed-use housing support affordability? The YOUR major purpose of mixed-use zoning, according to HUD, is to allow a balanced mix of office, commercial, and residential uses in close proximity to increase convenience to residents and reduce the number of shopping/commuting trips. Mixed-use options are a major champion for accessibility for families and people who cannot easily travel due to disability, time, or access to resources. Mixed-use housing is also enticing because it’s not a mandatory COMMUNITY one-size expectation. These developments can range in size from By Sydney Bannister, Management Intern, single buildings with apartments located over retail uses, to large projects that include office or commercial space such as hotels, League of Kansas Municipalities theaters, and housing.

82 Kansas Government Journal • April 2020 REAL WORLD MIXED-USE EXAMPLE CHARACTERISTICS OF SUCCESSFUL In 2013, the City of Baltimore, Maryland launched a major MIXED-USE PROJECTS FROM HUD initiative to transform 80 acres adjacent to Johns Hopkins • Specific goals for both the housing and commercial University and Hospital. This project was led by the East components of the project. Baltimore Development, Inc. (EBDI) which is a 501(c)(3) that partners with private, public, and non-profit entities to revitalize, • Development teams with solid experience. re-energize and rebuild the East Baltimore neighborhood. Like • Sites located within existing commercial districts. many affordable housing discussions, the goal is not to create • Architectural designs that attractively integrate the projects a division in the existing space or community but expand in into their communities. terms of belonging and accessibility. The EBDI has a priority of strengthening and revitalizing great Middle East Baltimore with • Strong and unique mix of commercial tenants. buildings and amenities that will encourage former residents to • Sufficient parking. return and allow new residents to settle in. • Partnerships with municipalities. The EBDI excels when it comes to mixed-use housing because • The use of phasing. they have various policies in place that make it necessary to track performance and progress. Their Economic Inclusion • Creative financing opportunities. and Procurement Policy sets clear expectations for contracting, • Realistic pro formas. development, and safety procedures. This goes beyond typical • Legal Structures that separate the different uses. housing procedures as they are equity focused on making mixed- use both available and meaningful to the community. Additionally, • Incorporation of civic uses, public, or green spaces. there is a monthly Economic Inclusion Cumulative Report that details the contracting and hiring results of the project. Some of the performance outcomes the EBDI tracks are minority business contracting, women in business contracting, local hiring, new Best Management Pactice local hires, local worker retention, and so on. By tracking these Mixed-Incom Housin Checklist measures, the EBDI and community partners are able to evaluate -What is the market? the effectiveness of mixed-use developments and housing while engaging contractors and workers who may not normally be offered bids. -Who is being served in a development?

BENEFITS OF MIXED-USE PROJECTS -What is the tenure type? Perhaps one of the most obvious but understated values of mixed-use projects is the engagement stimulated between various -What is the scale? community stakeholders. Even while public forums exist as spaces for residents to come and discuss topics that may affect them -What is the greater community context? directly, it’s not always a conversation as much as an adversarial discussion. When developers, community partners, and residents are asked to engage in a discussion together about mixed-use they -What are the financial considerations? all have the opportunity to benefit and offer testimony. -Is a mix of incomes necessary for approval? Mixed-use projects can offer cost savings to developers in the form of shared parking and shared costs for building operation, maintenance, and security. In the spirit of collaboration and -What defines success? multiple stakeholders benefiting, commercial uses can help subsidize affordable housing, which according to HUD may be necessary because of high urban land prices and development costs. A great benefit for communities struggling to come up with space for new affordable housing is that mixed-use projects ADDITIONAL RESOURCES ON MIXED- can create new housing opportunities in areas that may have USE AND AFFORDABLE HOUSING: previously allowed only commercial, office, or light industrial • National Low Income Housing Coalition (www.nlihc.org) uses. For communities with dense or historical downtowns, mixed-use can assist in preserving these spaces while expanding • Department of Housing and Urban Development (www.hud.gov) them into residential opportunity zones paired with commercial. • Kansas Housing Corporation (www.kshousingcorp.org) • Kansas Department of Commerce (www.kansascommerce.gov) • National League of Cities (www.nlc.org) Sydney Bannister is a first-year MPA student at The University of Kansas. She can be reached at (785) 354-9565 or • International City and County Management Association [email protected]. (www.icma.org)

Kansas Government Journal • April 2020 83 Governing Body Member

What Do You Think is the Primary Role of Municipal Government? I think the primary role of municipal government is to protect (and improve) the many necessities that citizens don't think about. We don't miss running water until you we turn the faucet on and it's not there.

What is your professional position and what are your typical duties? WORKKMIT COMP SELF-INSURANCE GROUP Kansas-Based Serving KS Cities and Community Colleges Professionally, I am a property manager. I manage a motel, private properties, and properties of my own. There are no Governed by a Board of Local Government Officials typical days, but my duties range from dealing with the public to cleaning bathrooms, from painting walls to laying carpet. When I am not busy with that, I am learning as much as I can about economic development tools, and ways to improve rural Kansas.

What is your favorite thing about Kansas? People and Sunsets have always been my favorite thing about Kansas. I have lived and traveled all around the World, and tiny towns in Kansas always win. My Kansas "network" of people is also one of my favorite things.

Please share a little personal information about yourself. • COMPETITIVE RATES I was born and raised in Zenda, Kansas and am the oldest of • EXCELLENT CLAIMS MANAGEMENT six. My husband Jack and I will celebrate 10 years of marriage Julie Lyon • EXTENSIVE LOSS CONTROL SERVICES, this October, and together have lived a very adventurous life, INCLUDING ANNUAL SAFETY AUDITS traveling the United States for four years, living full time in a Mayor • DISCOUNTS FOR SAFETY PERFORMANCE beautiful RV. Our favorites include Alaska, South Carolina, • NETWORK POET (PRE-EMPLOYMENT West Virginia, and Nevada. We enjoy exploring, geocaching, Stafford and kayaking. Most recently, our adventures include purchasing PHYSICAL TESTING) PROGRAM a large church building that we have converted into housing.

What is your favorite thing about your community? committee member for our new swimming pool, then as the My favorite thing about my community is that although I did Board Chair through the renovations of our historic library, not grow up here, it still feels like my hometown. I enjoy the fact and wanted to see some defined leadership in place so we that after traveling for many years and never seeing the same could capitalize on the momentum that had been created in person twice, I get to have personal and relevant conversations our community. with people I know. Is this your first time on a statewide board? What made you want to join city government? I have served on multiple boards over the years, but other Contact: Don Osenbaugh, KMIT Pool Administrator I really enjoyed watching the process of transformation the city than being on the Kansas Mayor's Association, this would was in, and wanted to be involved. I started volunteering as a be my first state-wide board. [email protected] or 316-259-3847

84 Kansas Government Journal • April 2020 WORKKMIT COMP SELF-INSURANCE GROUP Kansas-Based Serving KS Cities and Community Colleges Governed by a Board of Local Government Officials

• COMPETITIVE RATES • EXCELLENT CLAIMS MANAGEMENT • EXTENSIVE LOSS CONTROL SERVICES, INCLUDING ANNUAL SAFETY AUDITS • DISCOUNTS FOR SAFETY PERFORMANCE • NETWORK POET (PRE-EMPLOYMENT PHYSICAL TESTING) PROGRAM

Contact: Don Osenbaugh, KMIT Pool Administrator

[email protected] or 316-259-3847

Kansas Government Journal • April 2020 85 Louisburg's Renovation of Fox Hall By Jean Carder, Communications Coordinator, City of Louisburg

Fox Hall, the community building that serves Louisburg and the The vision for the building was to remove the metal siding, surrounding area, received an almost $300,000 rehabilitation over expose the original glazed brick, add windows if possible, the winter thanks mostly to a grant from a local foundation. reconstruct the front door/vestibule area, remove the interior The City of Louisburg received $225,000 in grant funds from 1960s era paneling, rehabilitate the Terrazzo flooring, remove the First Option Bank Trusteed Foundation. First Option Bank the ceiling tiles and expose the bow trusses, remove and replace has locations in Miami and Linn counties and the Foundation all the kitchen cabinetry and make the kitchen more functional, mostly serves Miami County. The City, on behalf of the Fox rework the bathrooms to make them more accessible and ADA Hall Board, applied for the grant to renovate and modernize the compliant, and install new HVAC. building located at Broadway and S. Second Street. Louisburg’s The original glazed brick was not in good enough condition downtown streetscape was revitalized in 2017. to use so the building was clad in brick-and-stone veneer to tie The City Council added about $66,000 to the grant to in with the recently reconstructed City Hall next door and other construct two public-access seasonal restrooms to the east side historic buildings in the downtown. The only other major snag of the building. These facilities will come in handy during the was the flooring. When the old paneling was removed, the flooring community’s annual Labor Day parade and for other downtown did not extend to the building’s masonry walls. An epoxy flooring outdoor events. was added to the building. The finished product combines a

86 Kansas Government Journal • April 2020 historical and industrial feel. The most striking part of the rehab are the bow trusses and domed , wooden clad ceiling that soar 20- feet overhead. The building is used for a number of purposes including a senior- citizen dancing group, the local Veterans of Foreign War meetings, for birthday, graduation and other parties, family reunions, garage and other sales and lots of chili suppers and other fund-raisers. The building rents for just $75 per day or $25 for an hour. Since most of the budget for the rehab came from a grant, the rental prices will not need to be increased. a mechanic’s garage and later equipment sales. Mr. Fox donated the “The Fox Hall Board thinks area residents will be pleasantly building to the city to be used as a place for "social, religious and surprised with the work done to the building and will be excited to political meetings; for dances, parties, plays and entertainment for have their event in it. We think this is something the community the use of the citizens of Louisburg and the surrounding territory," will be proud of and will be a hidden gem of Broadway,” said according to a story that ran in the Louisburg Herald in June 1952. Dennis DeShazer, the Fox Hall Board president. Legacy Contractors, LLC from Paola was the general contractor. Many of the sub-contractors were located in the Louisburg area. Jean Carder is the Communications Coordinator for the City of Louisburg. She can be reached at [email protected]. The building was donated to the City by A.D. Fox, a local resident, in 1952. It was constructed in 1924 and originally housed

Kansas Government Journal • April 2020 87 Rescheduled Date: July 31 & August 1

July 31, 2020 August 1, 2020 Mayors Conference Governing Body Institute 1:30 p.m. - 2:45 p.m. 7:45 a.m. - 8:25 a.m. Mayors Session: Breakfast Mayors Welcome, Legislative Update and Mayors Panel 8:30 a.m. - 11:50 a.m.

3:00 p.m. - 3:45 p.m. All City Officials: City Government 101* Kansas Mayors Association: Business Meeting Topics Including Introduction to the League; What is a City and Forms of Government; Home Rule; Managing 3:00 p.m. - 3:45 p.m. Municipal Services; Open Meetings Council/Commission Session: City Official Orientation and Q&A with League Staff 12:00 p.m. - 1:15 p.m. Lunch/Mock Meeting Presentation Governing Body Institute 4:00 p.m. - 5:00 p.m. 1:30 p.m. - 2:45 p.m. All City Officials General Session: All City Officials: Personnel Management Mick Cornett, Former Mayor of Oklahoma City & Municipal Finance

5:00 p.m. - 6:00 p.m. 3:00 p.m. Mayors Only Reception/Mayor of the Year Presentation Adjourn 5:00 p.m. - 6:00 p.m. Kansas Association of Council/Commission Networking 6:00 p.m. - 7:30 p.m. *Topics may be adjusted to reflect lessons learned Dinner & MTI Graduate Recognition in responding to the COVID-19 pandemic. 7:45 p.m. Movie Screening: ‘Th e Boom, The Bust, and the Bomb’ Details & Registration can be found online at www.lkm.org/gbi

88 Kansas Government Journal • April 2020 HOME RULE: cities and Local Control

ost people think the city’s primary purpose of local government is to protect the health and safety of its Mresidents. It is; but, cities have increasingly become the engines of economic growth and policy innovation — solving problems in every policy domain. This is one of the biggest reasons local government leaders should know about home rule and actively work to protect local control to make decisions for your residents. What is Home Rule? Article 12, §5(b) of the Kansas Constitution empowers cities to determine local affairs and government including the levying of taxes, fees, charges, and other exaction. Some common examples of cities using home rule for local decisions include setting ordinances for property maintenance and code enforcement, determining local zoning areas, and creating a process for staggering governing body terms of office. Home rule gives local government the power to act on the unique needs and values of their communities free from state interference. Eastern Kansas is different from western Kansas with varying views on smoking, guns, zoning, public private partnerships for childcare, economic development, scooters, golf carts, animals inside city limits, fire codes, funding for parks, pools, abandoned housing, yard maintenance, and abandoned vehicles. Home Rule keeps the control of the community in the hands of local citizens. The most precious power a Kansas city has is its home rule powers. The ability to establish its form of government through its charter, and to then enact ordinances, codes, plans and resolutions without prior state approval is a tremendous authority. To further FOCUS. be able to enforce them “at home” and to make necessary changes as a city grows is a great reflection of the trust that citizens have in COMMITMENT. their respective city leaders. This year, the League will be working to highlight the 60th EXPERTISE. anniversary of constitutional home rule and we encourage our members to do the same. Our newly revised Home Rule Manual Municipal law is now available for pre-order at www.lkm.org/publications and advice you can trust. explains the topic in depth and timely applications.

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Kansas Government Journal • April 2020 89 KANSAS GOVERNMENT NEWS We are always seeking content ideas for stories and briefs. Please send your local government news ideas and thoughts for content or story ideas to Megan Gilliland at [email protected].

Governor Signs New Transportation Plan

In April, Governor Kelly signed the Eisenhower Legacy Transportation Plan. This is a new 10-year, $10 billion comprehensive transportation plan. The program includes a two-year rolling project selection process and prioritizes preservation and modernization projects. The plan authorizes 5% of the program to be used for alternative delivery with certain stipulations. The new transportation plan also requires a layer of protection for the sales tax revenue into the State Highway Fund not present in previous programs by levying the tax for the purposes of the highway fund instead of general government purposes. The legislature still would have power to waive this protection. Look for more information on the Eisenhower Legacy Transportation Plan in an upcoming Kansas Government Journal or visit KDOT's website at http://www.ksdot.org/FORWARD/forward.asp.

Abilene

Colorful Boots Coming to Downtown

Abilene Forward is an organized group of people working on beautifying and promoting all businesses and to bring revenue to downtown. The group just launched a new initiative to bring tourists into to local businesses — adding colorful boots around downtown for visual interest. In March, the first boot arrived in Abilene. The hope of Abilene Forward is that more businesses will buy boots and arrange to have them decorated and placed in front of their stores. The group is hoping to encourage about 10 businesses to purchase boots to kick off the program. When there is a collection of boots throughout downtown, the community members how this will become a unique Abilene scavenger hunt or photo opportunity and will hopefully bring more customers into businesses and keep them coming back.

90 Kansas Government Journal • April 2020 KANSAS GOVERNMENT NEWS

Cheney

Reservoir Chosen for Farming Project A major food corporation has selected Kansas wheat as the best in the nation for a three-year pilot project. The restorative farming project will discover ways farmers can save water, increase soil health, and decrease carbon footprints. General Mills, with the help of the Kansas Department of Health and Environment and the Ecosystem Services Market Consortium, selected the 650,000-acre Cheney Reservoir region as the project’s location. This region includes farms in five counties — Kiowa, Reno, Pratt, Kingman and Stafford. Water from the reservoir where the runoff from these farms goes is used by residents of Wichita. The goal of the pilot program is to encourage farming practices that improve both soil health and water quality in the region such that agriculture is the solution to a more resilient and clean water supply. Source: Hutchinson News

Coffeyville

120 Jobs Coming to Coffeyville At least 120 manufacturing jobs with a pay scale above the median county wage are coming to Montgomery County. The City of Coffeyville and county officials unveiled plans by Prosperiti Partners to locate its new manufacturing plant at the former Southwire Manufacturing facility at the Coffeyville Industrial Park. Prosperiti Partners, which is based in Springfield, Mo., plans to manufacture components for its pre-manufactured, modular housing dwellings at the Coffeyville plant. The company plans to hire 120 workers over the course of three years, with the goal of having the plant in operation by the end of the 2020 calendar year. The company’s total capital investment will be nearly $20 million, with various state and local economic development incentives being offered to the company. Source: Montgomery County Chronicle

Kansas Government Journal • April 2020 91 Professional Services

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Kansas Government Journal • April 2020 93 Classified Advertising

Riley County Planning and How to Apply / Contact City Administrator, Development Director, Contact Marysville City Hall at 785-562- Ellsworth Manhattan 5331 if you have any questions. Description & Details To apply you may go to our website Description & Details Ellsworth is a family-friendly, steady- at www.cityofmarysvilleks.com and growth community (pop 3,054), nestled Seeking candidates that possess; download an application. Return in the beautiful Smoky Hills of Central Minimum ten years progressively applications to 209 N 8th Street, Marysville, Kansas, enhanced by quick/easy access responsible public planning experience KS 66508. Accepting applications until to two interstate highways. The County with at least six years of supervisory filled. experience. American Institute of seat of Ellsworth County, Ellsworth is Certified Planners (AICP) certification, surrounded by scenic views and located or ability to obtain certification within 2 Management Analyst, between two excellent state lakes. years of hire date. Topeka Historic, unique downtown Ellsworth retains the feel of a truly wonderful Kansas Master’s degree from an accredited ‘Cowtown’, and stays ‘filled to the brim’, college or university in planning, Description & Details primarily with a variety of independent urban design, architecture, landscape The City of Topeka is seeking a retailers and businesses. architecture, public administration or Management Analyst with the Public a related field. Residency within Riley Works Administration Department Located on the north edge of the City, County is required within 1 yr of hiring. the Ellsworth State Correctional Facility The Management Analyst conducts Hiring salary range is $103,401 - $112,990, employs over 500 workers. Additionally, organizational studies and evaluations, DOQ. two local Ag manufacturers contribute designs systems and procedures, conducts greatly to the local economy. As a result, View full position details and apply work simplification and measurement Ellsworth’s job market is net-inflow. online at https://ks-rileycounty. studies, and prepares operations and civicplushrms.com/careers/. procedures manuals to assist management Ellsworth is governed through the Mayor/Council form. The directly-elected Cover letter, resume, and three work- in operating more efficiently and mayor, by statute, has ‘CEO’ oversight related references are required with the effectively. of the City, and its Governing Body completed application. Applications Minimum qualifications: Bachelor's establishes formal city policy. The City accepted through May 3, 2020 with an degree in accounting, business, public Administrator is hired by the Governing anticipated hire date of August 10, 2020. administration, management science, Body, and is responsible for the overall EOE industrial management or related field. and day-to-day management of the City, How to Apply / Contact Completion of an MBA or MPA is an and also is expected to assist in policy asset. A minimum of two years of related Cover letter, resume, and three work- development. financial, operations management, or related references are required with the analytical experience to include two years The ideal candidate will have completed application. Applications of project management experience. Must served successfully as a city manager/ accepted through May 3, 2020 with an possess and maintain a valid driver’s administrator, assistant city manager/ anticipated hire date of August 10, 2020. license and city insurable driving record, administrator or department head must be able to obtain KS driver's license positions. The Governing Body may within six months of hire date. EOE consider a candidate of lesser experience, Building Maintenance / if that person presents strong educational Entry rate of pay: $20.87 - $23.47 per credentials, along with sufficient Zoning Inspector, hour, DOQ. Marysville city experience through internships, How to Apply / Contact assistantships, etc. Description & Details Full position details and the employment A background in local government Responsibilities include maintaining application are available at www.topeka. finance and budget, leadership abilities, city owned buildings, enforcing city codes org/careers. and the ability to effectively engage by inspecting building, plumbing and with employees and the community are electrical. Evaluating building permits, all expected attributes. The ability to site plans and plats. Oversees seasonal understand, absorb and become a part of code enforcer. Salary is $32,000 to $52,000 the culture of Ellsworth and central Kansas a year, DOQ. is highly desired. Salary range is $80K to $100K, depending upon qualifications, with a full range of benefits including health insurance.

94 Kansas Government Journal • April 2020 Classified Advertising

Education: Bachelors’ degree required, planning and implementation of the City’s engineering management or equivalent though extensive local government capital improvement, public infrastructure training within a four (4) year period thru experience may possibly be substituted. and land development projects. Must have an approved accredited agency approved MPA (or similar) degree preferred. a Bachelors’ degree in Civil Engineering by the Public Works Director. Must from an accredited engineering school. How to Apply / Contact complete a minimum of four (4) hours of Masters’ degree with coursework in leadership or supervisory training annually Interested candidates may apply by Engineering and/or Public Administration through an accredited agency approved by submitting a (digital only) resume and cover preferred. Must have a minimum of seven the Public Works Director. Completion letter of interest to: City Administrator years of experience in engineering design, of NIMS requirements within one year Search: [email protected]. construction, project management or of hire date. Must possess a valid driver’s Resumes accepted until 12:00 Noon equivalent experience with two years’ of license and acceptable driving record per on April 24, 2020. The Governing Body experience in a supervisory or lead role. the City’s drivers Use of Vehicles for City anticipates conducting interviews during Three years of experience in a municipality Business policy throughout employment the middle of May. or public works is preferred. Supervisory with the City. or lead experience includes completing How to Apply / Contact performance appraisals, directing employee's daily work assignments, or Applicants will be required to submit an Engineering Supervisor, online employment application at https:// Leawood evaluating employee assignments. Must hold and maintain a valid Certificate of www.leawood.org/human-resources/ Description & Details Registration as Professional Engineer (PE) along with a resume and cover letter. from the Kansas State Board of Technical The Engineer Supervisor oversees the Professions. If registered in another state, Engineering Division and supervises must obtain Kansas registration within Project Engineers, Engineer in Training one (1) year of hire. Must complete a and Engineering Technicians. This minimum of eight (8) hours of project position is responsible for overseeing the management, construction management,

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Kansas Government Journal • April 2020 95 See our website for an office near you. gilmorebell.com

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