City of Hays Office of the City Manager

Memo

To: City Commission From: Toby Dougherty, City Manager Date: 3-24-2021 Re: April 1, 2021 Work Session

Please find the attached agenda and supporting documentation for the April 1, 2021 Work Session.

Item 2 – Allowing Alternative Vehicles on City of Hays Streets

Please refer to my attached memorandum regarding alternative vehicles on City of Hays streets. The Commission is in receipt of a request from Ellis County Commissioner Neal Younger to allow several different forms of alternative vehicles on City streets. These vehicles are authorized for use on City streets by State law but are currently prohibited by the City. The City Commission could, if it chooses to do so, take action to allow any or all of the vehicle types on City streets. The City Commission could also choose to place requirements on those vehicles such as insurance and safety equipment.

Item 3 – Quitclaim Deed – Resolution for Transfer of Certain Mineral Rights to Rich M. and Betty A. Wolf

Several years ago, the City acquired right of way along east 41st Street to accommodate future widening. When the right of way was acquired for the northeast portion of what would be the 260th Avenue and 41st Street intersection, the City also obtained the mineral rights. The owners of the contiguous tract are looking to sell the property along with the mineral rights and have asked the City to deed those rights back to the adjacent property. As you will see in the attached memorandum from John Bird, City Attorney, the City has almost no monetary interest in these mineral rights. Our suggestion is to deed them to the property owners.

CITY OF HAYS CITY COMMISSION WORK SESSION CITY HALL, 1507 MAIN STREET, HAYS, KS THURSDAY, APRIL 1, 2021 – 6:30 P.M. AGENDA

1. March 18, 2021 Work Session Notes (PAGE 1) Department Head Responsible: Kim Rupp, Director of Finance

2. Allowing Alternative Vehicles on City of Hays Streets (PAGE 7) Person Responsible: Neal Younger, Ellis County Commissioner

3. Quitclaim Deed – Resolution for Transfer of Certain Mineral Rights to Rich M. and Betty A. Wolf (PAGE 41) Person Responsible: John T. Bird, City Attorney

4. Other Items for Discussion

5. Executive Session (if required)

6. Adjournment

ANY PERSON WITH A DISABILITY NEEDING SPECIAL ACCOMMODATIONS TO ATTEND THIS MEETING SHOULD CONTACT THE CITY MANAGER'S OFFICE 48 HOURS PRIOR TO THE SCHEDULED MEETING TIME. EVERY ATTEMPT WILL BE MADE TO ACCOMMODATE ANY REQUESTS FOR ASSISTANCE.

City of Hays City Commission Work Session Notes Thursday, March 18, 2021 – 6:30 p.m.

Present: Sandy Jacobs, Mason Ruder, Michael Berges, Ron Mellick, Shaun Musil, Toby Dougherty, Kim Rupp, and John T. Bird

March 4, 2021 Work Session Notes There were no corrections or additions to the minutes of the work session held on March 4, 2021; the minutes stand approved as presented.

ARC Park Parking Lot – Award of Bid Jeff Boyle, Director of Parks, stated to assist the ARC Park project, the Hays City Commission dedicated a portion of the Ellis County ¼ Cent Sales Tax funds to build a parking lot at Seven Hills Park. The intent of the parking lot is to provide off-street parking that is accessible and safe for all park visitors. The concrete parking lot will provide 46 parking stalls. With the assistance of Kaw Valley Engineering, Inc., City staff obtained six proposals, with T&T Builders, LLC submitting the low bid of $200,136.36. Mr. Boyle stated the project is moving along and he was notified they will begin work on the splash pad next week. Commissioner Ruder asked about the time frame for this project. Mr. Boyle stated the parking lot must be done by July 1, 2021, but he anticipates it will be completed before then. Sarah Meitner, Board President of the ARC of Central Plains, stated it is important to have adequate space for bus parking and handicap parking spaces, which will add to mobility options. This parking lot will meet those needs. She added that they are offering personalized memorial benches, as part of their sponsorship program. They intend to place the benches in the drop off area for people waiting to be picked up.

1 At the March 25, 2021 Commission meeting, Commissioners will be asked to authorize the City Manager to sign a contract with T&T Builders, LLC for the installation of a parking lot at Seven Hills Park for an amount of $200,136.36 to be paid for from the Commission Capital Reserve.

Bickle-Schmidt Sports Complex Scoreboards – Award of Bid Jeff Boyle, Director of Parks, reported that the scoreboards at the Bickle- Schmidt Sports Complex are not reliable and staff has received numerous complaints from visitors to the facility. The scoreboards are ten years old and are in need of replacement. Two responsive and responsible proposals were received with Daktronics submitting the low bid of $79,905. Mr. Boyle added that they would like to pursue possible sponsorships to put on the top panel of the scoreboards. He will present the options for a sponsor panel to the Commission at a later date. At the March 25, 2021 Commission meeting, Commissioners will be asked to approve the low bid from Daktronics for new scoreboards at the Bickle- Schmidt Sports Complex for an amount of $79,905 to be paid in 2021 from the Sports Complex Sales Tax Reserve, which will be reimbursed in 2022 with funding from the Special Park and Recreation Budget.

Public Works Aerial Platform Lift Truck – Award of Bid Jesse Rohr, Director of Public Works, stated the 2021 Budget included $125,000 for the purchase of a new aerial platform lift truck for the Public Works Service Division. The current articulating telescopic aerial bucket truck is a specialized piece of equipment necessary to maintain various infrastructures

within the City. This truck is utilized daily by the Service Division for sign and signal light maintenance and repairs. It is also occasionally utilized by the Parks Department for trimming trees and removing limbs within City parks. The current bucket truck was purchased in 2005 and has reached the end of its useful life. Delaying the purchase could result in costly repairs. For this equipment, which has a platform height of 36’, safety is a critical factor in

2 determining when to replace; considering personnel are working in the platform at significant heights above grade. Four qualified bids were received with the low bid coming from Stamm Manufacturing, Fort Pierce, Florida at $104,474 after a $15,000 trade-in allowance. At the March 25, 2021 Commission Meeting, Commissioners will be asked to award the bid for the purchase of a 2021 Ford F550 w/Stamm ATR-41N Platform Lift and Hydraulic Control System, for the total amount of $104,474 after a $15,000 trade-in allowance, to be funded out of the New Equipment Reserve Fund.

Sanitary Sewer Lining – Award of Bid Jeff Crispin, Director of Water Resources, reported that Staff requested proposals to complete Cure in Place Pipe (CIPP) lining for approximately 10,000 linear feet of 6”, 8”, and 21” sanitary sewer, remove 19 intruding taps, and perform scale removal on 300 linear feet of sanitary sewer line. Five proposals were received from qualified firms with the lowest cost proposal submitted by

Midlands Contracting, Inc. of Kearney, Nebraska. Mr. Crispin reviewed the CIPP lining process and stated it is trenchless, quick, and cost effective. Commissioner Ruder asked what the life expectancy is for this lining. Mr. Crispin stated it is basically like putting in a brand new pipe and anticipates it lasting 40 to 50 years. At the March 25, 2021 Commission meeting, Commissioners will be asked to authorize the City Manager to enter an agreement with Midlands Contracting to complete CIPP lining at a cost of $239,693.25, with a budget not to exceed $250,000, to be funded from Sewer Capital.

3 Ordinance and Resolution to Authorize the Issuance of General Obligation Bonds, Series 2021-A Kim Rupp, Director of Finance, stated The City’s share of the North Vine Street Corridor project costs were initially paid to KDOT in May 2020 from available Capital Projects funds. Using those funds and the BUILD Grant, KDOT has been paying project costs as incurred. After construction, KDOT will audit the project and credit or bill the City for any change orders or variations in cost. On February 25, 2021, the City Commission took the second step of the process set forth in Kansas law, adopting a resolution authorizing GO bond financing for the project. The resolution authorized the Financial Advisor, Bond Counsel, in conjunction with the Finance Director, to proceed with the preparation and distribution of a preliminary official statement and notice of bond sale and to authorize the distribution thereof, and all other preliminary action necessary to sell the GO bonds. Mr. Rupp reported that on Thursday, March 25, 2021, in cooperation with the City’s Financial Advisor, they will be taking bids for the purchase of approximately $6,795,000 of General Obligation Bonds Series 2021A. The results of those bids will be presented at the commission meeting that evening. They will also present the next set of documents needed to continue with the issuance of the GO Bonds. The ordinance will authorize the bonds be issued to pay the costs of the improvements, it allows the City to levy taxes, and directs City officials and Staff to execute the necessary documents to complete the placement. The next item for action will be the resolution. It is a detail of the bonds including redemption, security, establishment of funds and accounts, application of bond proceeds, defaults and remedies, continuing disclosure and other miscellaneous provisions. Mr. Rupp stated he is pleased to report that the City has received a AA rating from Standard & Poors. They also reaffirmed the AA rating for the City’s other outstanding bond issues with a stable outlook. Final terms of the Bonds will be provided to the Commission following the sale on March 25, 2021. Total par amount of the bond issuance is estimated to be $6,795,000. This reimburses the

4 City for its share of the project as well as covers the paying agent, Kansas Attorney General, CUSIP service bureau, Bond Counsel, Financial Advisor, the Rating Agency, and publication and printing. True interest cost is estimated to be 1.77% with an average debt service of $338,553 beginning in 2022 for 25 years to be paid from the additional 2% Transient Guest Tax (TGT) that went into effect on October 1, 2018. It is suggested that a sinking fund will be used to capture any excess TGT over and above the annual debt service to use toward future payments thereby reducing interest costs and/or term of the bonds as they become available for early retirement. At the March 25, 2021 Commission meeting, Commissioners will be asked to approve an ordinance authorizing and providing for the issuance of General Obligation Bonds Series 2021-A and approve a resolution prescribing the form and details of and authorizing and directing the sale and delivery of General Obligation Bonds Series 2021-A.

Add on item Toby Dougherty, City Manager, stated in November, 2020, the US Department of Transportation (DOT) requested proposals for commercial air service at the Hays Regional Airport. One proposal was received from SkyWest Airlines, the current carrier. In January, 2021 the Commission authorized a letter of support for the selection of SkyWest Airlines to provide passenger service at the Hays Regional Airport. Mr. Dougherty stated they received notice from the DOT that SkyWest Airlines has been selected. He noted that the terms are relatively the same as are currently provided. The contract includes 12 roundtrip flights a week to and from Denver. The annual subsidy is about $3.6 million, which is about $500,000 higher than the previous contract. The contract will run from August 1, 2021 through July 31, 2024. The proposal also includes $20,000 to help market the Airport.

5 Other items for discussion Mayor Jacobs thanked the City Department Heads for the work they do. She added that she appreciates how thorough their presentations are and the information that is given to show where the money will come from to pay for each project.

The work session was adjourned at 7:08 p.m.

Submitted by: ______Brenda Kitchen – City Clerk

6 Commission Work Session Agenda Memo

From: Toby Dougherty, City Manager

Work Session: April 1, 2021

Subject: Allowing Alternative Vehicles on City of Hays Streets

Person(s) Responsible: Neal Younger, Ellis County Commissioner

Summary Ellis County Commissioner Neal Younger is making a request of the City Commission to allow four types of alternative vehicles on City of Hays streets. These types of vehicles are currently prohibited on City streets by State law; however, they can be authorized by City ordinance.

Background All-Terrain Vehicles (ATV), Utility Task Vehicles (UTV), Work Site Utility Vehicles (WSUV), and Micro-Utility Vehicles (MUT) are four of several “non-automobile” vehicles that have specific considerations under State or city law.

ATV’s are 50 inches or less and weigh less than 1,500 pounds. UTV/WSUV’s are typically 48 inches wide, or wider, and weigh over 800 pounds. MUT’s are typically 48 inches wide, or wider, and weigh over 1,500 pounds. Currently, State law prohibits these types of vehicles from being driven on City streets; however, a city can choose to allow them. These vehicles are not required to be registered with the State. The City can require insurance for the vehicles. They are required to have safety equipment such as seatbelts and turn signals, and a valid driver’s license is required to operate them.

Discussion City staff has discussed the issues that could arise by allowing these types of vehicles on City of Hays streets. Given that most of these vehicles are designed to be driven off-road, there is a likelihood that some will choose to drive them in that manner while in the City of Hays. That said, City staff does not feel this is a reason to recommend prohibiting them from City streets. City ordinance and State law allow many different types of transportation on City streets, and they all must adhere to the rules of the road. Therefore, City staff feels that these vehicles can safely be allowed on City of Hays streets as long as they are following the rules of the road.

Legal Consideration Because this is an item for discussion and no particular action is proposed at this time there are no legal obstacles to considering the issues presented and discussing them.

7 Action Requested This request is being brought forward by Ellis County Commissioner Neal Younger. City staff requests that the City Commission entertain Commissioner Younger’s request and provide staff with further direction on the subject.

Supporting Documentation Vehicles on City Streets Spreadsheet Information on Unconventional Vehicles Information Submitted by Ellis County Commissioner Neal Younger

8 Vehicles on City Streets

State Driver's Registration Insurance Safety Equipment State Law-Prohibited or If State Prohibited, License Type of Vehicle: Width: Length: Weight: # of Tires Required: Required: Required: Allowed on Streets: Can City Allow: Required: Noteworthy Allowances/Restrictions:

Bicycles - - - 2 Exempt No Lights & Reflector Allowed NA No Cannot be operated on Federal or State Electric Assisted Scooters - - - 2 Exempt No No Allowed NA No Highway (Vine Street) Top speed < 21 mph. Required Headlight and Electric Assisted Bicycles - - - 2 or 3 Exempt No Yes Allowed NA No rear red reflector. Same as Must have a Class M or DL for motorized Motorized Bicycles - - - 2 or 3 Required No Motorcycle Allowed NA Yes bicycle

Motor Driven Cycles (Moped) - - - 2 Required Yes Yes Allowed NA Yes Class M Required

Prohibited (except on Must have 3 or more non-highway tires & can 50" or 1500 lbs. Lights Required Vine Street for be driven on Federal or State highway for All-Terrain Vehicles (ATV) less NA or less* 3 + Exempt No after Dark agricultural purposes) Yes Yes agricultural purposes.

Work-Site Utility Vehicles (WSUV) No - City Prohibited (except on Must have safety equipment to operate on (Also known as Utility Task 48" or 800 lbs. or may Vine Street for City Street & can be driven on Federal or State Vehicles or UTV) more NA more 4 + Exempt require it Yes agricultural purposes) Yes Yes highway for agricultural purposes. No - City 48" or 160" or 1,500 lbs. may Must be able to travel at over 40mph and Micro-Utility Vehicles (MUT) more less or more 4 Exempt require it Yes Prohibited Yes Yes have metal cab. Electric vehicles only - May only operate on Low Speed Vehicles / Modified 1,800 lbs. Allowed with streets posted < 41 mph*. Top speed is > 20 & Golf Carts. - - or less 4 Required Yes Yes Restrictions* NA Yes < 25. No - City Lights & slow May only operate on streets posted < 31 1,800 lbs may moving emblem mph*. Top speed is 25. Can carry up to 4 Golf Carts - - or less 3 + Exempt require it after dark Prohibited Yes Yes occupants. Mini-Motorcycles/Mini- Choppers/Pocket Bikes/Mini- Scooters NA NA NA 2 NA NA NA Prohibited No No Not Street Legal / Private Property Only

9 Different Styles of Utility Task Vehicles

- John Deere

- Polaris

- RZR

10 Different Styles of Micro-Utility Trucks

- Honda

- Mitsubishi

- Suzuki

All-Terrain Vehicle (ATV……………………………………………………………..Page 1

Utility Task Vehicle (UTV)…………………………………………………………..Page 2

Work-Site Utility Vehicle (WSUV)……………………………………………….Page 2

Micro Utility Vehicle (MUT)………………………………………………………..Page 3

Low-Speed Vehicle (LSV)…………………………………………………………...Page 4

Golf Cart…………………………………………………………………………………...Page 5

Dirt Bike…………………………………………………………………………………….Page 6

Motorized Bicycle………………………………………………………………………Page 7

Electric-Assisted Bicycle………………………………………………………….….Page 8

Motor-Driven Cycle……………………………………………………………………Page 9

“Pocket Bike”………………………………………………………………………………Page 10

12 All-Terrain Vehicle (ATV)

Definition: KSA 8-1402a, "All-terrain vehicle" means any motorized nonhighway vehicle 50 inches or less in width, having a dry weight of 1,500 pounds or less and traveling on three or more nonhighway tires.

Registration: Exempt from registration in KSA 8-128

Insurance: Since ATVs are exempt from registration in KSA 8-128, they do not meet the definition of a “motor vehicle” as far as the insurance statutes are concerned. However, city ordinances may require liability insurance.

Driver’s License: Required while operating on public highways, roads and streets. An ATV meets the definition of a motor vehicle as used in KSA 8-235.

Seatbelts: Not required

Equipment: Must be equipped with lights as required by statute for motorcycles if operated between sunset and sunrise on any public highway, street or road.

Operation: Synopsis of KSA-8-15,100 ▪ Citizens shall not operate an ATV on any interstate. ▪ Citizens shall not operate an ATV on any federal or state highway unless it is crossing over the highway, or for agricultural use while remaining as far right as possible so long as the highway has a speed limit of 65 mph or less. ▪ The County, KDOT or persons contracting with the government to eradicate weeds may operate an ATV along the right-of-way of federal and state highways, and incidentally operate upon such highways.

13 Work-Site Utility Vehicle (WSUV) AKA, Utility Task Vehicle (UTV)

Definition: KSA 8-1493. "Work-site utility vehicle" defined. "Work-site utility vehicle" means any motor vehicle which is not less than 48 inches in width, has an unladen weight, including fuel and fluids, of more than 800 pounds and is equipped with four or more nonhighway tires, a steering wheel and bench or bucket- type seating allowing at least two people to sit side-by-side, and may be equipped with a bed or cargo box for hauling materials. "Work-site utility vehicle" does not include a micro utility truck.

Registration: Exempt from registration. WSUVs are classified as a nonhighway vehicle in KSA 8-197. As such, pursuant to KSA 8-198 they are exempt from registration.

Insurance: Since WSUVs are exempt from registration in KSA 8-198, they do not meet the definition of a “motor vehicle” as far as the insurance statutes are concerned. WSUVs are not required to be insured by state statutes. However, city ordinances may require liability insurance.

Driver’s License: Required while operating on public highways, roads and streets. WSUVs meet the definition of a motor vehicle as used in KSA 8-235.

Seatbelts: Required if originally equipped with safety belts as described in 49 CFR 571, the usage of safety belts and child restraints could be required. WSUVs meet the definition of motor vehicle in KSA 8-1437, therefore, meeting the definition of “passenger car” in KSA 8-1342a is used within the Child Passenger Safety Act (KSA 8-1343) and Safety Belt Use Act (KSA 8-2503).

Equipment: If lawfully operated on a public highway or street within city limits, or a county road, a WSUV must comply with the equipment requirements under the provisions of article 17 of chapter 8 of the Kansas Statutes Annotated.

Operation: Synopsis of KSA-8-15,109 • Citizens shall not operate an ATV on any interstate. • Citizens shall not operate an ATV on any federal or state highway unless it is crossing over the highway, or for agricultural use while remaining as far right as possible so long as the highway has a speed limit of 65 mph or less. • The County, KDOT or persons contracting with the government to eradicate weeds may operate an ATV along the right-of-way of federal and state highways, and incidentally operate upon such highways.

14 Micro Utility Truck (MUT)

Definition: 8-1494. "Micro utility truck" defined. "Micro utility truck" means any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, of not more than 160 inches, has an unladen weight, including fuel and fluids, of more than 1,500 pounds, can exceed 40 miles per hour as originally manufactured and is manufactured with a metal cab. "Micro utility truck" does not include a work-site utility vehicle.

Registration: MUTs are exempt from registration per KSA 8-128.

Insurance: Since MUTs are exempt from registration in KSA 8-128, they do not meet the definition of a “motor vehicle” as far as the insurance statutes are concerned. MUTs are not required to be insured by state statutes. However, city ordinances may require liability insurance.

Driver’s License: Required while operating on public highways, roads and streets. MUTs meet the definition of a motor vehicle as used in KSA 8-235.

Seatbelts: MUTs are defined as a motor vehicle. They meet the definition of “passenger car” in KSA 8-1343a. If originally equipped with safety belts, the Child Safety Act (KSA 8-1343) and Safety Belt Use Act (KSA 8- 2503) apply on public roads.

Equipment: If lawfully operated on a public highway or street within city limits, or a county road, a MUT must comply with the equipment requirements under the provisions of article 17 of chapter 8 of the Kansas Statutes Annotated.

Operation: Synopsis of KSA-8-15,106 • Citizens shall not operate a MUT on any interstate, federal or state highway unless crossing over the highway. • Citizens shall comply with the equipment requirements under article 17 of chapter 8 of the Kansas Statutes Annotated wen operating on public roadways.

15 Low Speed Vehicle (LSV) And Golf Carts

Definition: 8-1488. "Low-speed vehicle" defined. "Low-speed vehicle" means any four-wheeled electric vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour and is manufactured in compliance with the national highway and traffic safety administration standards for low- speed vehicles in 49 C.F.R. § 571.500.

Conventional golf carts are originally designed to reach a top speed of no more than 25 miles per hour. They are normally not equipped as required for a LSV. If a golf cart is modified and certified in writing by the modifier/manufacturer (not the owner) to meet all of the FMVSS, and if it meets the definition of “Low-speed vehicle,” and if it has an MSO that states it is “road worthy”; then it may be registered for operation on a public road by KDOR.

Registration: Low-Speed Vehicles must comply with 49 CFR 571.500 which makes them “street legal.” Vehicle registrations would be required to lawfully operate on a public street as outlined in KSA 8-15,101.

Insurance: Proof of insurance is required.

Driver’s License: Required while operating on public highways, roads and streets. LSVs meet the definition of a motor vehicle as used in KSA 8-235.

Seatbelts: LSVs are required by federal regulation to be equipped with safety belts. They meet the definition of “passenger car” in KSA 8-1343a; therefore, the Child Passenger Safety Act (KSA 8-1343) and the Safety Belt Use Act (KSA 8-2501) apply.

Equipment: Low-Speed Vehicles, 21-25 mph top speed vehicles are subject to Federal Motor Vehicle Safety Standard No. 500 (49 CFR 571.500). The standard requires low-speed vehicles to be equipped with headlamps, stop lamps, turn signals, tail lamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seatbelts and vehicle identification numbers.

Operation: Synopsis of KSA-8-15,101 • May operate on streets and highways with posted speed limits of 40 MPH or less • My cross streets and highways with posted speed limits greater than 40 MPH.

16 Golf Carts

Definition: 8-1495. "Golf cart" defined. "Golf cart" means a motor vehicle that has not less than three wheels in contact with the ground, an unladen weight of not more than 1,800 pounds, is designed to be and is operated at not more than 25 miles per hour and is designed to carry not more than four persons including the driver.

Registration: Golf carts are exempt from registration per KSA 8-128.

Insurance: Since golf carts are exempt from registration in KSA 8-128, they do not meet the definition of a “motor vehicle” as far as the insurance statutes are concerned. Golf carts are not required to be insured by state statutes. However, city ordinances may require liability insurance.

Driver’s License: Required while operating on public highways, roads and streets. Golf carts meet the definition of a motor vehicle as used in KSA 8-235.

Seatbelts: Golf Carts are defined as a motor vehicle. They met the definition of “passenger car” in KSA 8-1343a. If originally equipped with safety belts, the Child Safety Act (KSA 8-1343) and Safety Belt Use Act (KSA 8- 2503) apply on public roads.

Equipment: If operating between sunset and sunrise, golf carts must be operated with lights as required by law for motorcycles and a slow-moving vehicle emblem as required by KSA 8-1717.

Operation: Synopsis of KSA-8-15,108

• May not operate on any interstate, federal or state highway (can cross over). • May not operate between sunset and sunrise unless operated with lights as required by law for motorcycles and a slow-moving vehicle emblem as required by KSA 8-1717. • May not operate on any street or highway with a speed limit over 30 MPH.

17 Dirt Bikes

Definition: Dirt bikes are not defined by Kansas Statute. However, dirt bikes are generally designed for off road use since they often times lack required equipment required by statute to operate on the public roadways. These statutes are located in Chapter 8, Article 18 of the Kansas Statutes Annotated. If equipped with proper equipment, possess a VIN and title, they may be operated on the public roadways just as a traditional motorcycle.

Registration: Vehicle registrations are required to lawfully operate on a public highway, road or street as outlined KSA 8-134a.

Insurance: Proof of insurance is required

Driver’s License: Class M is required while operating on public highways, roads and streets. Dirk bikes meet the definition of a motorcycle as used in KSA 8-235.

Seatbelts: Not required

Equipment: Must conform to requirements set for under Chapter 8, Article 18 of the Kansas Statutes Annotated.

Operation: Synopsis of KSA-8-194 • Can only ride on the permanent and regular seat attached • Cannot carry any other person nor shall any other person ride on a motorcycle, unless such motorcycle is designed to carry more than one person • A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle. • No person shall operate a motorcycle while carrying any package, bundle, or other article which prevents such person from keeping both hands on the handlebars.

18 Motorized Bicycle

Definition: 8-1439a. "Motorized bicycle" defined. "Motorized bicycle" means every device having two tandem wheels or three wheels which may be propelled by either human power or helper motor, or by both, and which has: (a) A motor which produces not more than 3.5 brake horsepower; (b) a cylinder capacity of not more than 130 cubic centimeters; (c) an automatic transmission; and (d) the capability of a maximum design speed of no more than 30 miles per hour except a low power cycle.

Registration: Motorized Bicycles are required to have registration per KSA 8-127

Insurance: None required under KSA 40-3104. The motorized bicycle is specifically excluded per KSA 40-3103.

Driver’s License: The operator must possess a valid driver’s license for any class of motor vehicle, or a driver’s license specifically for the operation of a motorized bicycle per KSA 8-235.

Seatbelts: None Required

Equipment: Every bicycle when in use between sunset and sunrise shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and either: A red reflector on the rear which shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle; a lamp on the rear that shall emit a red light visible from a distance of 500 feet to the rear; or the operator of such bicycle shall be wearing a device that emits a red or amber light that shall be visible from a distance of 500 feet to the rear per KSA 8-1592. Every bicycle shall also be equipped with a break.

Operation: Synopsis of KSA-8-1586 to 8-1592a • Must wear a motorcycle helmet if under the age of 18. • No passengers unless it is designed for more than one person. • No clinging to other vehicles • Use bicycle path when available • Headlamp and rear reflector require at night.

19 Electric-Assisted Bicycle

Definition: 8-1489. "Electric-assisted bicycle" defined. "Electric-assisted bicycle" means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle's electric motor must have a power output of no more than 1,000 watts, be incapable of propelling the device at a speed of more than 20 miles per hour on level ground and incapable of further increasing the speed of the device when human power alone is used to propel the device beyond 20 miles per hour.

Registration: None required per KSA 8-1592b.

Insurance: None required

Driver’s License: None required per KSA 8-1592b

Seatbelts: None Required

Operation: Synopsis of KSA-8-1586 to 8-1592a • No passengers unless it is designed for more than one person. • No clinging to other vehicles • Use bicycle path when available • Headlamp and rear reflector require at night. • All bicycle laws apply

20 Motorized Bicycle AKA Moped

Definition: 8-1439. "Motor-driven cycle" defined. "Motor-driven cycle" means every motorcycle, including every motor scooter, with a motor which produces not to exceed five brake horsepower, and every bicycle with motor attached, except a motorized bicycle or an electric-assisted bicycle.

The main difference between the “motor-driven cycle” and the “motorized bicycle” I the maximum allowable brake horsepower. Motor-driven cycle = 5 brake horsepower, maximum Motorized Bicycle = 3.5 brake horsepower, maximum

Registration: Registration is required. Motor-driven cycles meet the definition of “vehicle” and “motorcycle” in KSA 8-126. KSA 8-142(1) requires “vehicles” as defined in KSA 8-126 to display registration.

Insurance: Proof of insurance is required.

Driver’s License: A Class M (motorcycle) driver’s license is required.

Seatbelts: None Required

Equipment: Must be equipped as a motorcycle

Operation: Synopsis of KSA-8-1562 • No person shall operate any motor-driven cycle at any time mentioned in K.S.A. 8-1703 at a speed greater than thirty-five (35) miles per hour unless such motor-driven cycle is equipped with a head lamp or lamps which are adequate to reveal a person or vehicle at a distance of three hundred (300) feet ahead.

21 Mini-Motorcycles / Mini-Chopper Pocket-Bikes / Mini-Scooter

Definition: No Official definition is in state statute. They are small, unconventional vehicles designed, manufactured and intended for operation on private property and closed courses. They are not “street legal.”

Registration: Registration cannot be obtained. The owner’s manual and/or manufacturer’s documentation clearly states they are not intended for use on public streets or highways. They do not meet Federal Safety Standards nor EPA emissions requirements.

Insurance: Non-applicable

Driver’s License: Non-applicable

Seatbelts: None Required

Equipment: Non-applicable

Operation:

• These vehicles do not meet Federal Safety standards nor EPA standards and do not have proper vehicle identification numbers. Because they do not conform to these standards, they cannot obtain registration and must be used only on private property or on closed courses. • They can never lawfully be operated on public streets, sidewalks, roads or highways.

22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Commission Work Session Agenda Memo

From: John T. Bird, City Attorney

Work Session: April 1, 2021

Subject: Quitclaim Deed – Resolution for Transfer of Certain Mineral Rights to Rich M. and Betty A. Wolf

Person(s) Responsible: John T. Bird, City Attorney

Summary Rich M. Wolf and Betty A. Wolf, the heirs and successors to land and minerals, have requested that the City of Hays quitclaim to them all of the oil, gas and other minerals on and under the property located in the Southwest Quarter of Section Twenty-three (23) that was conveyed to the City of Hays for street purposes. The City has no need for the minerals and they are of minimal value, less than one dollar possible royalty per year.

Background A Kansas Trustee’s Deed conveyed certain property from the Beatrice Marie Witt Davis QTIP Trust under Trust Indenture dated July 20, 1994 to the City of Hays, Kansas for street purposes. The property is located in the Southwest Quarter of Section Twenty-one (23), Township Thirteen (13), Range Eighteen (18), Ellis County, Kansas. The grantors have now sold the rest of the Southwest Quarter of Section Twenty-three (23) and also conveyed all of the seller’s mineral rights in and to said property. Currently, there is a producing oil well on the property and because the City of Hays owns this street tract it has a tiny interest in the production of the oil and gas. The purchasers of the property, Rich M. Wolf and Betty A. Wolf, have requested that the City of Hays quit claim to them all of the oil, gas and other minerals on and under the property that was conveyed to the City of Hays for street purposes.

This particular lease makes approximately 1,300 barrels per year. The owner of the land who conveyed this real estate to the City of Hays owned a one-sixth interest in the oil and gas, making their interest of that production of 27 barrels for the 160-acre lease on an annual basis. The tenth acre that the City of Hays owns would amount to an annual barrel production of .0168 barrels per year, or an annual income of approximately $1.00.

Discussion Given that the one-tenth acre that the City of Hays owns amounts to an annual income of approximately $1.00, the City of Hays would not be giving up any significant money by signing the Quitclaim Deed and it will allow the descendants of the original owner to unify title to their minerals. Kansas law requires that a City use a Resolution authorizing its Mayor to execute any deeds to land.

41 Legal Consideration There are no known legal obstacles to proceeding as recommended by City Staff.

Financial Consideration There are no known financial considerations for this request.

Options The City Commission has the following options: • Approve the Resolution as presented • Reject the Resolution • Give staff other direction

Recommendation The City Attorney recommends that the Resolution be approved and signed.

Action Requested Approve the Resolution and authorize the Mayor to execute a deed and all other documents necessary to transfer certain mineral rights to Rich M. and Betty A. Wolf.

Supporting Documentation Visuals Draft Resolution Quitclaim Deed

42 43 44 RESOLUTION NO. ______

A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS TO TRANSFER OIL, GAS AND MINERAL RIGHTS TO RICK M. WOLF AND BETTY A. WOLF. ______

WHEREAS, the City of Hays, Kansas, has determined that it would be beneficial to the City to transfer certain oil, gas and mineral rights owned by it to Rick M. Wolf and Betty A. Wolf, more particularly described as follows:

Commencing at the Southwest Corner of Southwest Quarter (SW/4) of said Section Twenty-Three (23), Thence Easterly along the South Line of said Southwest Quarter on a bearing of S 89°00'19" E a distance of 20.00'; Thence Northerly parallel with the West Line of said Southwest Quarter on a bearing of N 01°31'11" E a distance of 20.00" to a point being 20.00' 'North of South Line and 20.00' East of West Line of said Southwest Quarter and the POINT OF BEGINNING; Thence continuing Northerly and parallel with the West Line of said Southwest Quarter on a bearing of N 01°31'11" E a distance of 56.50'; Thence Easterly parallel with the South Line of said Southwest Quarter on a bearing of S 89°00'19" E a distance of 30.00' to a point being 50.00' East of West Line of said Southwest Quarter; Thence Southerly parallel with the West Line of said Southwest Quarter on a bearing of S 01°31'11" W a distance of 6.50' to a point being 70.00' North of South Line and 50.00' East of West Line of said Southwest Quarter; Thence Southeasterly on a bearing of S 43°44'34" E a distance of 28.15' to a point being 50.00' North of South Line and 70.00' East of West Line of said Southwest Quarter; Thence Easterly parallel with the South Line of said Southwest Quarter on a bearing of S 89°00'19" E a distance of 70.00'; Thence Southerly parallel with the West Line of said Southwest Quarter on a bearing of S 01°31'11" W a distance of 30.00' to a point being 20.00' North of South Line of said Southwest Quarter; Thence Westerly parallel with the South Line of said Southwest Quarter on a bearing of N 89°00'19" W a distance of 120.01' to the POINT OF BEGINNING, said tract contains an area of 4,595.18 Square Feet or 0.105 Acres More or Less. for the sum of $1.00.

WHEREAS, in order to transfer such property, it will be necessary for the City to execute a deed transferring title to Rick M. Wolf and Betty A. Wolf;

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF HAYS, KANSAS, that it is necessary to execute a deed transferring title of the above-referenced real estate to Rick M. Wolf and Betty A. Wolf, and the City is hereby authorized to proceed with the necessary documents in order to proceed with the transfer for the sum of $1.00 and other valuable consideration, and the Mayor is hereby authorized to execute the same.

This resolution shall be effective upon its passage.

Adopted by the Commission on the ___ day of ______, 2021.

______Mayor

ATTEST:

______BRENDA KITCHEN City Clerk

(SEAL)

46 The Preparer of this Instrument has performed NO Title Examination nor has the Preparer issued any Title Insurance or furnished any opinion regarding the title, existence of liens, the quantity of lands included, or the location of the boundaries. The names, address and legal description furnished by parties to this Instrument.

QUIT CLAIM DEED

The City of Hays, Kansas, by Sandy Jacobs, Mayor, QUIT CLAIM(S) TO Rick M. Wolf and Betty A. Wolf, AS JOINT TENANTS AND NOT AS TENANTS IN COMMON, WITH FULL RIGHTS OF SURVIVORSHIP, THE WHOLE ESTATE TO VEST IN THE SURVIVOR IN THE EVENT OF THE DEATH OF EITHER, ALL OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE COUNTY OF ELLIS AND THE STATE OF KANSAS, TO-WIT:

All of the oil, gas and minerals in on and under the following described tract of land, to-wit:

DATED this ____ day of ______, 2021.

47 The Preparer of this Instrument has performed NO Title Examination nor has the Preparer issued any Title Insurance or furnished any opinion regarding the title, existence of liens, the quantity of lands included, or the location of the boundaries. The names, address and legal description furnished by parties to this Instrument.

The City of Hays, Kansas

By______Sandy Jacobs, Mayor

STATE OF KANSAS, ELLIS COUNTY, ss.

BE IT REMEMBERED, That on this ____day of ______, 2021, before me, the undersigned, a Notary Public in and for the county and state aforesaid, came Sandy Jacobs, Mayor of The City of Hays, Kansas, who is or are personally known to me to be the same person(s) who executed the within instrument of writing, and such person(s) duly acknowledged the execution of the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last above written.

______Notary Public

Commission Expires:______

KANSAS VALIDATION QUESTIONNAIRE: Excepted K.S.A. 1992 Supp. 79-1437e(a)(4)