7-18-16 Council Packet

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CITY OF CHERRYVALE
MEETING OF THE CITY COUNCIL
REGULAR MEETING
July 18, 2016
7:00 PM
Working for a better tomorrow… today.
ORDER OF BUSINESS
CALL MEETING TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC FORUM
Ryan Knop, 320 N Labette: Police Discussion
No action will be taken relative to items presented during the public forum other than referral for information. Requests to
appear will be placed on a “first-come, first-served” basis. This portion of the meeting is limited to thirty minutes and shall be
subject to a limitation of five minutes for each presentation with no extension of time permitted. No speaker shall be allowed to
appear more frequently than once every fourth meeting.
Members of the public desiring to present matters to the Council during the public forum must submit a request in writing to the
office of the city clerk prior to twelve noon on the date of the meeting. Matters pertaining to personnel, litigation, and violations
of laws and ordinances are excluded from the agenda. Rules of decorum as provided in city code will be observed.
GOVERNING BODY COMMENTS
Mayor John Wright
Council Member Chad Wickham
Council Member Don King
Council Member Randy Wagoner
Council Member Lew Forman, Jr.
NEW COUNCIL BUSINESS
A. RESOLUTION NO. 16-10; PUBLIC HEARING NOTICE RE: NEIGHBORHOOD
REVITALIZATION PLAN
Presented by Joel Pile, City Administrator
RECOMMENDED ACTION: Approval of Resolution No. 16-10 establishing 7:00PM, August
1, 2016 at Cherryvale City Hall as the time, date and place to hold a public hearing on the
Cherryvale Neighborhood Revitalization Plan.
B. 2017 POLICE & FIRE BUDGET PRESENTATION
Presented by Chief Perry Lambert & Chief Jesse Reed
RECOMMENDED ACTION: None
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C. CONSENT AGENDA
Presented by John Wright, Mayor
RECOMMENDED ACTION: Approve the consent agenda as presented
1. Appropriations and Payroll Ord. No. 16-07-15:
a. Approval of Purchases over $5,000
i. Blue Cross- Blue Shield
ii. Higher Calling Technologies
iii. Kansas State Treasurer
iv. Westar Energy
v. People’s State Bank
2. Consideration of the minutes for July 5, 2016 Regular Meeting.
$117,249.48
$13,351.67
$18,520.00
$46,103.75
$7,353.61
$8,140.24
INFORMATIONAL ITEMS
1. Next Council Meeting August 1, 2016.
ADJOURNMENT
This is an open meeting, open to the public, subject to the Kansas Open Meetings Act (KOMA). The City of Cherryvale is
committed to providing reasonable accommodations for persons with disabilities upon request of the individual. Individuals with
disabilities requiring an accommodation to attend the meeting should contact the City in a timely manner.
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RESOLUTION NO. 16-10
NEIGHBORHOOD REVITALIZATION PLAN HEARING
A RESOLUTION FIXING A TIME AND PLACE FOR A HEARING AND
PROVIDING FOR NOTICE WITH RESPECT TO THE PROPOSED
NEIGHBORHOOD REVITALIZATION PLAN.
WHEREAS, the City of Cherryvale, Kansas, may pursuant to K.S.A. 12-17,114 et seq.
adopt a plan to assist in the rehabilitation, conservation or redevelopment of certain
designated structure(s) in an area within the City of Cherryvale, Kansas which meets the
conditions provided in said law; and
WHEREAS, the City of Cherryvale, Kansas seeks to exercise the authority provided in
K.S.A. 12-17,114 et seq. in order to rehabilitate, conserve or redevelop certain
designated structure(s) in the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cherryvale,
Kansas in accordance with K.S.A. 12-17,114 et seq. the following notice is hereby given:
NOTICE
The governing body will consider the adoption of Neighborhood Revitalization Plan(s),
pursuant to K.S.A. 12-17,114 et seq. at a public hearing Cherryvale City Hall, 123 W.
Main St., Cherryvale, Kansas, on August 1, 2016 at 7:00 P.M.
The proposed Neighborhood Revitalization Plan(s) and a description of the boundaries
of the proposed Neighborhood Revitalization Area(s) are available for inspection during
the hours of 8:00 a.m. to 5:00 p.m. in the office of the City Clerk, City Hall, 123 W. Main
St., Cherryvale, Kansas.
At the conclusion of the hearing, the City Council will consider findings necessary for the
adoption of the proposed Neighborhood Revitalization Plan(s) and the establishment of
the proposed Neighborhood Revitalization Area(s), all as provided for in K.S.A. 1217,114 et seq.
BE IT FURTHER RESOLVED that the City Clerk shall cause a copy of this resolution to
be delivered to the other taxing entities within Montgomery County, Kansas.
BE IT FURTHER RESOLVED that the City Clerk shall cause this resolution to be
published in the official city newspaper at least once each week for two consecutive
weeks prior to the hearing.
ADOPTED AND APPROVED by the City Council of the City of Cherryvale, Kansas, on
_______________________, 2016.
ATTEST:
__________________________
John M. Wright
Mayor
__________________________
Hillary Lawrence
City Clerk
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NEIGHBORHOOD REVITALIZATION PLAN (East Side) - EXHIBIT “A”
This plan is intended to promote the revitalization of designated structure(s) in an area
in the City of Cherryvale, Kansas, through the rehabilitation, conservation or
redevelopment in order to protect the public health, safety or welfare of the residents of
the City. More specifically, a tax rebate incentive will be available for improvements to
designated structure(s) in the area.
In accordance with the provisions of K.S.A. 12-17, 114 et seq., the City Council has held
a public hearing and considered the existing conditions and alternatives with respect to
the area and designated structure(s), the criteria and standards for a tax rebate and the
necessity for Interlocal cooperation among the other taxing units. Accordingly, the City
Council has carefully reviewed, evaluated and determined the area meets one or more
of the conditions to be designated as a “Neighborhood Revitalization Area.”
Part 1 - Legal Description of Neighborhood Revitalization Area
See Attachment “A”.
Part 2 - Assessed Valuation of Real Property
Land
$ 188,090.05
$ 1,844,766.20
Buildings
Total
$ 2,032,856.25
Part 3 - Listing of Owners of Record in Area
See Attachment “A”.
Part 4A - Existing Zoning Classification
See Attachment “B”.
Part 4B - Existing Land Use
Single Family Residential
Multi Family Residential
Elderly Housing
Recreational Commercial
Retail Commercial
Office Commercial
Government Offices
Religious
Utilities
Part 4C – Proposed Land Use
The intent of this plan is to promote revitalization and development in this area by
stimulating new construction and rehabilitation of existing structures.
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NEIGHBORHOOD REVITALIZATION PLAN (East Side) - EXHIBIT “A”
Part 5 - Capital Improvements Planned for the Area
Future municipal improvements that may be considered are sidewalk improvements,
removal of dangerous and unsafe structures, handicap accessibility improvements,
street resurfacing and utility improvements.
Part 6 - Property Eligible for a Tax Rebate
a. Construction of new residential structures, including the conversion of all or part of a
nonresidential structure into a residential structure, will be eligible.
b. Rehabilitation, alterations and additions to any existing residential structure will be
eligible.
c. Improvements to existing or construction of new accessory structures such as garages,
gazebos, storage buildings, workshops, swimming pools, etc., will not be eligible.
d. Construction of new commercial structures in land zoned for commercial purposes will
be eligible.
e. Rehabilitation, alterations and additions to any existing commercial structure will be
eligible.
Part 7 - Criteria for Determination of Eligibility
a. Only one tax rebate application per project may be submitted. The rebate will be based
only upon the increased assessed value attributed to the eligible improvement.
b. Construction of an improvement must have commenced on or after January 1, 2016, the
effective date of enactment of the tax rebate program.
c. A completed application for rebate together with a $25 application fee payable to
Montgomery County Treasurer must be filed with the City Clerk 30 days prior to the end
of the taxing year in which the improvements were made.
d. The assessed value increase will be determined by the resulting classification of the
improvement. The minimum increase in assessed value due to the eligible improvement
will be 5% for residential property and 5% for commercial property as determined by the
Montgomery County Appraiser. This assessed value increase will be determined the first
full year of eligibility after completion and will be used throughout the years of eligibility.
e. This program is limited to real property. Personal property taxes are not eligible for
rebate.
f. Any taxpayer that is delinquent on a real estate tax payment or special assessment
payment on any property located in Montgomery County, Kansas, will not be eligible to
participate in the plan that tax year only. Any rebate lost for a specific year due to a
delinquent payment cannot be retroactively restored. If a taxpayer cures the
delinquency, the taxpayer shall be eligible for tax rebates under the plan in future years.
Loss of eligibility for any year shall not cause the term of the plan to be extended.
g. Any taxpayer that is not delinquent on a real estate tax payment or special assessment
payment on any property located in Montgomery County, Kansas, and who failed to file
an application for rebate, will be eligible to receive the rebate if the application is filed
within 6 months of the issuance of a building permit and the county appraiser can verify
the increased value.
h. Any new, as well as the existing improvements on the property, must conform with all
other codes, rules, and regulations in effect at the time the improvements are made, and
for the length of the rebate, or the rebate may be terminated.
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NEIGHBORHOOD REVITALIZATION PLAN (East Side) - EXHIBIT “A”
Part 8 - Contents of an Application for Property Tax Rebate
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
Owner’s Name
Owner’s Mailing Address
Owner’s Daytime Telephone Number
Address Of Property
Legal Description Of Property
Parcel I.D. Number
Building Permit Number
Existing Use Of Property
Proposed Use Of Property
Proposed Improvement
Estimated Cost Of Improvements
Date Construction Started
Estimated Date Of Completion Of Construction
Signature Of City Clerk Indicating Project Is Eligible For Tax Rebate
Signature Of Building Official Indicating Construction Meets All Applicable Codes
Signature Of County Clerk Indicating Taxes On Property Owned By Applicant Are
Current
q. Signature Of County Appraiser Indicating Project Meets Minimum Assessed Valuation
Requirements
Part 9 - Application Procedure
a. Obtain application for tax rebate from the City Building Official when obtaining a building
permit application.
b. File a completed and signed application with the City Clerk, together with the $25
application fee payable to Montgomery County Treasurer, at least 30 days prior to the
end of the taxing year in which the improvements were made.
c. The City Clerk will forward the application to the Montgomery County Appraiser’s Office
for determination of the existing assessed valuation of the property.
d. The City Building Official will monitor the project to ensure that all applicable city codes
are met.
e. Upon completion of construction, the City Clerk will notify the County Appraiser that the
project is ready for inspection.
f. Upon determination by the County Appraiser’s office that the improvements meet the
percentage test for rebate and by the County Clerk’s office that the taxes and
assessments on property owned by the applicant are not delinquent, the City Clerk will
certify that the project and application does or does not meet the requirements for a tax
rebate and will notify the applicant.
g. The tax rebate, less a five percent (5%) processing fee based on the rebate amount, will
be made to the property owner within a thirty (30) day period following the date of tax
distribution by the County.
Part 10 - Standard And Criteria For Review And Approval
The proposed project will be reviewed based on the criteria defined in Part 7 and a
completed application as defined in Part 8.
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NEIGHBORHOOD REVITALIZATION PLAN (East Side) - EXHIBIT “A”
Part 11 – Amount and years of rebate eligibility
Type of Construction
New Structure
Rehabilitation, alteration or addition
Rehabilitation of structure on
Kansas Historical Register
Years 1-5
100 %
100 %
Years 6-10
75 %
100 %
100 %
100 %
The application submittal period for the tax rebate program will expire on
_________________, 20____. Prior to this date, the Neighborhood Revitalization
Program will be reviewed by the City Council at which time modifications and extension
may be considered.
Any property improvement applications submitted prior to _______________________,
20_____, will, if approved, remain eligible to receive the applicable tax rebate for the
number of years specified.
Page 4|4
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NEIGHBORHOOD REVITALIZATION PLAN (West Side) - EXHIBIT “B”
This plan is intended to promote the revitalization of designated structure(s) in an area
in the City of Cherryvale, Kansas, through the rehabilitation, conservation or
redevelopment in order to protect the public health, safety or welfare of the residents of
the City. More specifically, a tax rebate incentive will be available for improvements to
designated structure(s) in the area.
In accordance with the provisions of K.S.A. 12-17, 114 et seq., the City Council has held
a public hearing and considered the existing conditions and alternatives with respect to
the area and designated structure(s), the criteria and standards for a tax rebate and the
necessity for Interlocal cooperation among the other taxing units. Accordingly, the City
Council has carefully reviewed, evaluated and determined the area meets one or more
of the conditions to be designated as a “Neighborhood Revitalization Area.”
Part 1 - Legal Description of Neighborhood Revitalization Area
See Attachment “A”.
Part 2 - Assessed Valuation of Real Property
Land
$ 132,054.65
$ 1,276,049.40
Buildings
Total
$ 1,408,149.05
Part 3 - Listing of Owners of Record in Area
See Attachment “A”.
Part 4A - Existing Zoning Classification
See Attachment “B”.
Part 4B - Existing Land Use
Single Family Residential
Multi Family Residential
Elderly Housing
Recreational Commercial
Retail Commercial
Office Commercial
Government Offices
Religious
Utilities
Part 4C – Proposed Land Use
The intent of this plan is to promote revitalization and development in this area by
stimulating new construction and rehabilitation of existing structures.
Page 1|4
9
NEIGHBORHOOD REVITALIZATION PLAN (West Side) - EXHIBIT “B”
Part 5 - Capital Improvements Planned for the Area
Future municipal improvements that may be considered are sidewalk improvements,
removal of dangerous and unsafe structures, handicap accessibility improvements,
street resurfacing and utility improvements.
Part 6 - Property Eligible for a Tax Rebate
a. Construction of new residential structures, including the conversion of all or part of a
nonresidential structure into a residential structure, will be eligible.
b. Rehabilitation, alterations and additions to any existing residential structure will be
eligible.
c. Improvements to existing or construction of new accessory structures such as garages,
gazebos, storage buildings, workshops, swimming pools, etc., will not be eligible.
d. Construction of new commercial structures in land zoned for commercial purposes will
be eligible.
e. Rehabilitation, alterations and additions to any existing commercial structure will be
eligible.
Part 7 - Criteria for Determination of Eligibility
a. Only one tax rebate application per project may be submitted. The rebate will be based
only upon the increased assessed value attributed to the eligible improvement.
b. Construction of an improvement must have commenced on or after January 1, 2016, the
effective date of enactment of the tax rebate program.
c. A completed application for rebate together with a $25 application fee payable to
Montgomery County Treasurer must be filed with the City Clerk 30 days prior to the end
of the taxing year in which the improvements were made.
d. The assessed value increase will be determined by the resulting classification of the
improvement. The minimum increase in assessed value due to the eligible improvement
will be 5% for residential property and 5% for commercial property as determined by the
Montgomery County Appraiser. This assessed value increase will be determined the first
full year of eligibility after completion and will be used throughout the years of eligibility.
e. This program is limited to real property. Personal property taxes are not eligible for
rebate.
f. Any taxpayer that is delinquent on a real estate tax payment or special assessment
payment on any property located in Montgomery County, Kansas, will not be eligible to
participate in the plan that tax year only. Any rebate lost for a specific year due to a
delinquent payment cannot be retroactively restored. If a taxpayer cures the
delinquency, the taxpayer shall be eligible for tax rebates under the plan in future years.
Loss of eligibility for any year shall not cause the term of the plan to be extended.
g. Any taxpayer that is not delinquent on a real estate tax payment or special assessment
payment on any property located in Montgomery County, Kansas, and who failed to file
an application for rebate, will be eligible to receive the rebate if the application is filed
within 6 months of the issuance of a building permit and the county appraiser can verify
the increased value.
h. Any new, as well as the existing improvements on the property, must conform with all
other codes, rules, and regulations in effect at the time the improvements are made, and
for the length of the rebate, or the rebate may be terminated.
Page 2|4
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NEIGHBORHOOD REVITALIZATION PLAN (West Side) - EXHIBIT “B”
Part 8 - Contents of an Application for Property Tax Rebate
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
Owner’s Name
Owner’s Mailing Address
Owner’s Daytime Telephone Number
Address Of Property
Legal Description Of Property
Parcel I.D. Number
Building Permit Number
Existing Use Of Property
Proposed Use Of Property
Proposed Improvement
Estimated Cost Of Improvements
Date Construction Started
Estimated Date Of Completion Of Construction
Signature Of City Clerk Indicating Project Is Eligible For Tax Rebate
Signature Of Building Official Indicating Construction Meets All Applicable Codes
Signature Of County Clerk Indicating Taxes On Property Owned By Applicant Are
Current
q. Signature Of County Appraiser Indicating Project Meets Minimum Assessed Valuation
Requirements
Part 9 - Application Procedure
a. Obtain application for tax rebate from the City Building Official when obtaining a building
permit application.
b. File a completed and signed application with the City Clerk, together with the $25
application fee payable to Montgomery County Treasurer, at least 30 days prior to the
end of the taxing year in which the improvements were made.
c. The City Clerk will forward the application to the Montgomery County Appraiser’s Office
for determination of the existing assessed valuation of the property.
d. The City Building Official will monitor the project to ensure that all applicable city codes
are met.
e. Upon completion of construction, the City Clerk will notify the County Appraiser that the
project is ready for inspection.
f. Upon determination by the County Appraiser’s office that the improvements meet the
percentage test for rebate and by the County Clerk’s office that the taxes and
assessments on property owned by the applicant are not delinquent, the City Clerk will
certify that the project and application does or does not meet the requirements for a tax
rebate and will notify the applicant.
g. The tax rebate, less a five percent (5%) processing fee based on the rebate amount, will
be made to the property owner within a thirty (30) day period following the date of tax
distribution by the County.
Part 10 - Standard And Criteria For Review And Approval
The proposed project will be reviewed based on the criteria defined in Part 7 and a
completed application as defined in Part 8.
Page 3|4
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NEIGHBORHOOD REVITALIZATION PLAN (West Side) - EXHIBIT “B”
Part 11 – Amount and years of rebate eligibility
Type of Construction
New Structure
Rehabilitation, alteration or addition
Rehabilitation of structure on
Kansas Historical Register
Years 1-5
100 %
100 %
Years 6-10
75 %
100 %
100 %
100 %
The application submittal period for the tax rebate program will expire on
_________________, 20____. Prior to this date, the Neighborhood Revitalization
Program will be reviewed by the City Council at which time modifications and extension
may be considered.
Any property improvement applications submitted prior to _______________________,
20_____, will, if approved, remain eligible to receive the applicable tax rebate for the
number of years specified.
Page 4|4
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2016 Cherryvale East Side Revitalization Area Map
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2016 Cherryvale West Side Revitalization Area Map
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CITY OF CHERRYVALE
MEETING OF THE CITY COUNCIL
REGULAR MEETING
July 5, 2016 (Tuesday)
7:00 PM
Working for a better tomorrow… today.
ORDER OF BUSINESS
CALL MEETING TO ORDER
Mayor Wright called the meeting to order at 7:00 pm.
Present: Mayor John Wright, Council Member Lew Forman, Council Member Randy Wagoner,
Council Member Don King, City Administrator Joel Pile, City Clerk Hillary Lawrence, Public
Works Director Wade Webber, Police Chief Perry Lambert, Fire Chief Jesse Reed, Donna
Celeya (Montgomery County Chronicle), April Read, Shirley Ann Hogben, Jim Hogben.
INVOCATION
Council Member Randy Wagoner led the invocation.
PLEDGE OF ALLEGIANCE
ROLL CALL
City Clerk Hillary Lawrence took roll:
Mayor Wright- present; Council Member Chad Wickham- absent; Council Member Formanpresent; Council Member Wagoner- present; Council Member King- present
COMMITTEE & BOARD REPORTS
A. COMMUNITY CENTER ADVISORY BOARD
1. Minutes from 6-16-16 (Draft)
A motion was made by Council Member Forman, seconded by Council member Wagoner to
receive and file the minutes. Motion passed 3/0.
B. CHERRYVALE LIBRARY BOARD
1. Minutes from 5-11-16 (Approved)
A motion was made by Council Member Forman, seconded by Council member Wagoner to
receive and file the minutes. Motion passed 3/0.
UNFINISHED COUNCIL BUSINESS
A. DISCUSSION REGARDING SERVER REPLACEMENT (tabled from 6-20-16)
Presented by Joel Pile, City Administrator
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A motion was made by Council Member Wagoner, seconded by Council Member King to
approve purchase & replacement of server as specified in quote from Higher Calling
Technologies. Motion passed 3/0.
NEW COUNCIL BUSINESS
A. BINDEWALD & ASSOCIATES BID WITHDRAWAL FOR SIDEWALK PROJECT
Presented by Joel Pile, City Administrator
A motion was made by Council Member Forman, seconded by Council Member Wagoner to
award contract to next lowest qualified bidder, Mission Construction Co., Inc. for an amount not
to exceed $365,949.00; authorize the Mayor to sign the Notice of Award and Construction
Agreement. Motion passed 3/0.
B. CONSIDERATION OF PUMP REPLACEMENT ON JET RODDER TRUCK
Presented by Wade Webber, Public Works Director
A motion was made by Council Member Wagoner, seconded by Council Member Forman to
authorize water pump replacement on “jet rodder” truck as specified in quote from Key
Equipment for an amount not to exceed $19,764.29. Motion passed 3/0.
C. CONSIDERATION OF 2017 BUDGET PROCESS AND PRIORITIES
Presented by Joel Pile, City Administrator
A motion was made by Council Member Wagoner, seconded by Council Member King to adopt
2017 Budget Priorities. Motion passed 3/0.
D. 2017 WATER & SANITARY SEWER BUDGET PRESENTATION
Presented by Wade Webber, Public Works Director
No action taken.
E. CONSENT AGENDA
Presented by John Wright, Mayor
1. Appropriations and Payroll Ord. No. 16-07-01:
a. Approval of Purchases over $5,000
i. Public Wholesale Water
ii. People’s State Bank (FICA)
2. Approval of the minutes for June 20, 2016 Regular Meeting
$32,217.10
$24,333.33
$7,883.77
A motion was made by Council Member Wagoner, seconded by Council Member Forman to
approve the Consent Agenda as presented. Motion passed 3/0.
DEPARTMENT HEAD REPORTS
1.
2.
3.
4.
City Clerk Hillary Lawrence
Public Works Director Wade Webber
Police Chief Perry Lambert
Fire Chief Jesse Reed
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INFORMATIONAL ITEMS
1. Next Regular City Council Meeting July 18, 2016
2. Yard of the Month- June
3. KDHE Report
ADJOURNMENT
A motion was made by Council Member Wagoner, seconded by Council Member Forman to
adjourn the meeting at 7:40pm. Motion passed 3/0.
Respectfully submitted by,
___________________________________
Hillary Lawrence, City Clerk
This is an open meeting, open to the public, subject to the Kansas Open Meetings Act (KOMA). The City of Cherryvale is
committed to providing reasonable accommodations for persons with disabilities upon request of the individual. Individuals with
disabilities requiring an accommodation to attend the meeting should contact the City in a timely manner.