Commission Work Session Agenda Memo - City of Hays, KS

Memo
To: City Commission
From: Toby Dougherty, City Manager
Date: 10-1-12
Re: October 4, 2012 Work Session
Please find the attached agenda and supporting documentation for the October 4, 2012 Work
Session.
Item 2 – Update on Larks Park Turf
At the June 28, 2012 regular meeting, the City Commission was asked to cost-share with Fort
Hays State University for the replacement of turf at Larks Park. The City Commission voted to
split the cost with Fort Hays State University with the City contribution not to exceed $150,000.
The only request that the Commissioners had at that time was that they be aware of the final
design selection before the turf is installed. The University is receiving bids on October 1, 2012,
and Fort Hays State University Director of Athletics Curtis Hammeke will be at the work session
on Thursday to inform the City Commission of which company the University intends to select and
to give examples of what the final design will look like. No further action is required by the City
Commission. This item is informational only.
Item 3 – Golden Belt 8 th Addition Replat (Lot 2, Block 9)
City of Hays
Office of the City Manager
Please refer to the attached information from Planning, Inspection and Enforcement
Superintendent Jesse Rohr regarding the Replat of Golden Belt 8 th Addition. This is an area that
has been vacant for many years. The property recently changed hands, and it is the property
owner’s intention to put in high-density housing. The Replat has been vetted through the Planning
Commission with a unanimous recommendation to approve.
Item 4 – Pre-annexation Agreement for Sanitary Sewer Service – 2807 Highway 183 Alternate
Property
This is a housekeeping item. The property at 2807 Highway 183 Alternate is requesting to hook
up to the City’s sanitary sewer service. Before we authorize that hookup, a pre-annexation
agreement is required.

Item 5 – Vacate of Alley in Reservation Addition
The owner of a parcel in Reservation Addition is asking the City to vacate an alley to
accommodate a business expansion. City staff sees no issues with this request.
Item 6 – Downtown Hays Development Corporation (DHDC) Pavilion Operating Costs
Please refer to the brief memorandum from Assistant City Manager Paul Briseno. The City
Commission was asked by DHDC to cost-share in creating a pavilion in the downtown area. At
that meeting, the City Commission had questions in regard to further operating costs that would
be incurred by the City once the pavilion was built. Parks Director Jeff Boyle and Assistant City
Manager Paul Briseno have answered those questions.
aw

CITY OF HAYS
CITY COMMISSION WORK SESSION
THURSDAY, OCTOBER 4, 2012 – 6:30 P.M.
AGENDA
1. ITEM FOR REVIEW: September 20, 2012 Work Session Notes (PAGE 1)
DEPARTMENT HEAD RESPONSIBLE: Kim Rupp, Director of Finance
2. ITEM FOR REVIEW: FHSU Update on Larks Park Turf
PERSON RESPONSIBLE: Curtis Hammeke, FHSU Director of Athletics
3. ITEM FOR REVIEW: Golden Belt 8 th Addition Replat (Lot 2, Block 9) (PAGE 5)
DEPARTMENT HEAD RESPONSIBLE: I.D. Creech, Director of Public Works
4. ITEM FOR REVIEW: Pre-annexation Agreement for Sanitary Sewer Service –
2807 Highway 183 Alternate Property (PAGE 13)
DEPARTMENT HEAD RESPONSIBLE: I.D. Creech, Director of Public Works
5. ITEM FOR REVIEW: Vacate of Alley in Reservation Addition (PAGE 23)
DEPARTMENT HEAD RESPONSIBLE: I.D. Creech, Director of Public Works
6. ITEM FOR REVIEW: Downtown Hays Development Corporation (DHDC) Pavilion
Operating Costs (PAGE 29)
PERSON RESPONSIBLE: Toby Dougherty, City Manager
7. OTHER ITEMS FOR DISCUSSION
8. EXECUTIVE SESSION (IF REQUIRED)
9. 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
September 20, 2012
Present: Troy Hickman, Kent Steward, Henry Schwaller IV, Ron Mellick, Barbara
Wasinger, John Bird, Toby Dougherty
Downtown Pavilion Presentation & Strategic Plan
Downtown Hays Development Corporation (DHDC) executive director
Traci Konrade appeared before the Commission to present the recently
completed DHDC Strategic Plan. Part of the Plan is to develop a pavilion in
downtown Hays. Michelle Flax, president of the DHDC, gave a Power Point
presentation of the proposed pavilion. The pavilion can be used for a farmer’s
market, family reunions, and a variety of other events. The proposed site is
along the railroad corridor on 10 th Street between the grain elevators and Union
Pacific Park.
Ms. Flax stated that a major contributor has offered to donate a substantial
amount of money to the project if the City supports this project with a cash
contribution of $100,000 and in-kind labor. The project is estimated to cost
$600,000. DHDC would like the City to manage the building once it is complete,
City staff will provide estimated annual costs for maintenance and upkeep
of the building at the October 11, 2012 work session.
Hays Housing Assessment
Aaron White, executive director of the Ellis County Coalition for Economic
Development (ECCED), presented the findings of the Hays Housing
Assessment. The Hays Realtors Association and ECCED contracted with RDG
Planning & Design to perform a housing needs assessment.
The assessment identified groups that exhibit the greatest need for
housing in Hays. The top three groups are:
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� Young families with children
� Low or moderate income households
� First-time home buyers
Errol Wuertz, representing the Hays Board of Realtors, discussed housing
conditions and zoning regulations with the Commissioners.
City Manager Toby Dougherty stated there a lot of strategies that can be
used to alleviate the housing problem. Zoning regulations could be changed to
encourage additions to single-family homes. Policy discussion needs to be
vetted through the Planning Commission. In conjunction with the
Comprehensive Plan, RDG presented a list of barriers that hinder development
and growth. Removal of those barriers is the next step. It may be necessary to
do some strategic planning and try some other methods going forward.
Market Hays Plan
Jana Jordan, director of the Convention & Visitors Bureau (CVB), reported
on a marketing plan for the city of Hays. In January 2012, the CVB contacted
Jake Huyett with Jones, Huyett Partners in Topeka to assist in creating a solid
marketing plan for Hays. After visiting Hays, he met with CVB staff, fellow
economic development partners, and local tourism personnel to discuss the best
opportunities for marketing Hays and Ellis County. A Market Hays Action Plan
was developed which promotes the City’s assets and points out areas where the
City has fallen short and needs to take corrective action.
Ordinance Requiring Two (2) Forms of Identification to Enter Drinking
Establishments
Commissioner Schwaller requested discussion on this subject.
In 1991, Ordinance No. 3239 was adopted, with a section of that
ordinance requiring two forms of identification to enter certain drinking
establishments. Ordinance No. 3493, adopted in 2001, further defined what two
forms of identification would be required. This requirement was the result of
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much negotiation between the City and bar owners. Bar owners wanted to allow
person under 21 in drinking establishments and in return, agreed to a heightened
level of identification to address concerns by law enforcement and other
interested parties that underage drinking would be allowed if under-21 individuals
were admitted. There is no state statute requiring two forms of identification to
enter a drinking establishment. Staff checked with Salina, Manhattan, Lawrence,
Emporia and Topeka, none of which required two forms of identification.
Commissioner Schwaller stated that bar owners have access to
technology that can tell whether an ID is fake or not. This technology was not
available 20 years ago. He requested the Commission consider an ordinance
requiring only one form of identification to enter a bar.
Police Chief Don Scheibler stated that the Police Department has written
nine (9) violations for this offense since 2007; it is not a major problem. There is
some underage drinking in bars. For the most part, with the punishment the state
dishes out, it is in the best interest of the bar owners to police underage drinking
on their own. The Police Chief added that the majority of the ID’s are not fake,
but belong to someone else.
Staff was directed to do further research. The matter will be discussed at
a future work session.
Condemnation of Sidewalks
In June of 2012, City staff inspected sidewalks for adequacy and safety.
Letters were mailed to forty (40) property owners identifying the need to make
repairs to sidewalks on their property. The letters contained information on the
City of Hays Sidewalk Assistance Program, which provides financial assistance
for sidewalk repairs. Of the 40 properties, 20 have completed repairs and 11
have either been issued a permit or hired a contractor to make repairs. Nine
have made no attempt to make repairs as of this point in time.
Public Works Director I. D. Creech stated the 1 st phase of this program
was implemented in the neighborhood area around Fort Hays State University.
Other areas of town will be addressed during the next few years. City Code
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allows the Governing Body to determine, by resolution, that a sidewalk is
inadequate or unsafe and order the construction of a new sidewalk. The owner
would then have to repair the sidewalk within 30-60 days after the resolution is
published. If the sidewalks are not repaired, the City Manager can authorize the
repairs and have the associated costs assessed to the property owner by means
of special assessment. The Public Works Director estimated the cost of the
repairs to the nine properties to be under $10,000.
Staff will present a draft resolution for the Commission’s consideration at a
future work session.
Other Items for Discussion
City Manager Toby Dougherty informed the Commissioners that in order
for the City to pull out of Public Wholesale Water District #15 it will be necessary
to pass an ordinance. PWWD#15 could still exist; it has no assets, no cash, no
land, it only has a board of directors. This would not dissolve the District, just
withdraw from the District.
The work session adjourned at 8:28 p.m.
Submitted by:_________________________________________
Doris Wing – City Clerk
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Commission Work Session Agenda
Memo
From: Jesse Rohr, PIE Superintendent
Work Session: October 4, 2012
Subject: Golden Belt 8 th Addition Replat (Lot 2, Block 9)
Person(s) Toby Dougherty, City Manager
Responsible: I.D. Creech, Director of Public Works
Summary
The owner of Lot 2, Block 9 of the Golden Belt 8 th Addition has submitted a replat of the
property for consideration. The proposed plat will contain 24 residential lots, and is
consistent with the Comprehensive Plan and Future Development Map while also
complying with the City’s Subdivision and Zoning regulations. Staff, as well as the
Planning Commission, recommends approval of the final plat as submitted.
Background
This property was originally platted in 1983. It was platted as one lot (440’ x 450’) and is now
being split into residential sized lots. The original intention for this lot was for commercial
development of the area. However, as the land around developed, it became primarily
residential, with a large portion of it being two-family or multi-family dwellings.
Discussion
The owner of Lot 2, Block 9 of the Golden Belt 8 th Addition has submitted a replat of the
property for consideration. The plat contains 24 residential lots. There is a 30’ wide
platted access/utility easement running north/south through the middle of the property.
This will provide access to the interior lots within the block and will remain a private
drive similar to some other recent in-fill developments in Hays over the past couple of
years. While the developer did consider a 60’ wide dedicated right-of-way, the size of
the block was just not accommodating to such a wide right-of-way. Several
configurations were looked at before this one was settled on.
There are some utilities required as development occurs. The developer will be required
to establish the proper sanitary sewer, water, and storm water utilities necessary for the
development. It is unknown at this time if the developer will special asses the costs or
will pay for them up front in full. Staff has reviewed the proposed plat which has also
been reviewed by the Utility Advisory Committee. All proper easements are in place.
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On August 20, 2012 the final plat was reviewed and approved (6-0 vote) by the Hays
Area Planning Commission. All parties recommend approval of the submitted plat.
Legal Consideration
There are no known legal obstacles to the proposed action.
Financial Consideration
This action has no immediate financial effect, unless during the construction phase over-sizing
of infrastructure (water and sanitary sewer) is required, in which case the City of Hays will
pay for the over-sizing per the current Development Policy. Upon initial review, it is unlikely
any oversizing will be necessary.
Options include the following:
� Approve the plat as submitted
� Recommend changes to the plat
� Do not approve the plat
Options
Recommendation
Staff, as well as the Planning Commission, recommends approving this plat as submitted.
Action Requested
Approve the resolution accepting the final plat known as the Replat of Lot 2, Block 9,
Golden Belt 8 th Addition.
Final Plat
Planning Commission Minutes
Resolution
Supporting Documentation
P:\Agenda Materials\2012\10-04-12\Golden Belt 8th Add. Final Plat memo 1.1.doc
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DRAFT MINUTES
HAYS AREA PLANNING COMMISSION
CITY HALL IN COMMISSION CHAMBERS
AUGUST 20, 2012
MINUTES
6:30 P.M.
1. CALL TO ORDER: The Hays Area Planning Commission met in regular
session Monday, August 20, 2012 at 6:30 p.m. in Commission Chambers at City Hall.
The meeting was called to order by Chairman Larry Gould.
Present: Larry Gould Paul Phillips Jake Glover
Jim Fouts Pam Rein Emery Jennings
Absent: Tom Denning Lou Caplan Terry Claycamp
City Staff: Jesse Rohr, Superintendent of Planning, Inspection and Enforcement
and Administrative Secretary Linda K. Bixenman.
2. MINUTES: The minutes from the July 16, 2012 meeting were approved by
consensus.
3. CITIZEN COMMENTS: - None.
4. CITY/COUNTY COMMISSION ACTION & PLANNING & DEVELOPMENT ISSUE
UPDATES: Jesse Rohr presented the updates.
6. CONSIDER FINAL PLAT OF REPLAT OF LOT 2, BLOCK 9, GOLDEN BELT 8 TH ADDITION:
Jesse Rohr showed the location of the above property on the overhead.
Harvey Ruder, engineer, presented the application request on behalf of the owner
Laverne Schumacher, to consider the final plat of the above. The proposed
development would be for two-family dwelling units. It is currently zoned “C-O”
Central Business and Office District.
The replat of lot 2 would consist of 24 residential lots north of the Oak Park Medical
Center with a 30 foot access and utility easement through the middle. There
would be a 24 foot paved private street in the middle with water and sewer
addition. There is an ample turning radius at the end of the access (Judith Drive)
approved by the fire department. This layout of the plat would be comparable to
the development of the area where the duplexes were built at 13 th and
Canterbury and the Paul-Wertenberger Development near the Country Club area.
The plans for the development are for two-family dwelling units. Paul Phillips asked
if the east lots face Harvest Road, and the far west lots face Anthony Dr and the
1
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interior lots face Judith Drive. He asked if the utilities would come in from 17 th
Street. It was answered that was correct.
Jesse Rohr stated that the Utility Advisory Committee has no opposition to the
replat.
Larry Gould asked if it had come up for discussion by the City for having the alleys
to maintain; he thought the City discouraged alleys because of the additional
maintenance. Jesse Rohr answered that alleys are an option in the development
policy; although it has not been seen in several years. Due to the increase in
development costs, the developer has retained the extra 20 feet for the lots.
Jack Glover asked if the lots back up against each other. It was answered that
they would back up against each other. He asked if there was ample green
space. Jesse Rohr answered that there was a park (Kiwanis Park) and a drainage
dedication not for development nearby.
Emery Jennings asked if there was water drainage on one corner. Jesse Rohr
answered that the development would have to meet the stormwater
requirements.
Jim Fouts asked if the Oak Park Medical Center were aware of this potential
development. The center was designed to add two legs to the complex when
needed. Jesse Rohr answered that the Oak Park Medical Center had sold off
their ownership of the parcel of land to the north.
Paul Phillips asked what process they plan to take since the property is zoned “C-
O” and the proposed zoning is “R-3” Two Family Dwelling District. Jesse Rohr
answered they can either go before the Hays Area Board of Zoning to request a
special use permit for two-family dwellings or they can go through the rezoning
process or it could develop as commercial as it stands.
Jesse Rohr noted that the current zoning on adjacent properties were two-family
dwelling units to the west, single family to the north and east and commercial to
the south. This is ideal for a mixed use area.
Larry Gould entertained a motion.
There was a motion by Pam Rein and a second by Paul Phillips for their
recommendation to the City Commission to approve the final plat of replat of Lot
2, Block 9, Golden Belt 8 th Addition.
Motion: AYES: Larry Gould Paul Phillips Jake Glover
Jim Fouts Pam Rein Emery Jennings
2
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RESOLUTION
GOVERNING BODY OF THE CITY OF HAYS, KANSAS, TO THE PUBLIC:
WHEREAS, Laverne Schumacher, an individual, has presented to the
Governing Body of the City of Hays, Kansas, a certain replat of LOT 2, BLOCK 9,
GOLDEN BELT 8 TH ADDITION situated within the corporate limits of the City of
Hays, Kansas, being lots and streets comprising the following described real
estate, to-wit:
LOT 2, OF BLOCK 9, OF THE GOLDEN BELT 8 TH ADDITION TO
THE CITY OF HAYS, ELLIS COUNTY, KANSAS;
to be known as REPLAT OF LOT 2 BLOCK 9 GOLDEN BELT 8 TH ADDITION to
the City of Hays, Kansas; and,
WHEREAS, the said plat has been examined and considered by the Hays
Area Planning Commission of the City of Hays, Kansas; and,
WHEREAS, the City Attorney of the City of Hays, Kansas, has found that
the proposed plat conforms to the requirements of the statutes in such matters
made and provided;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY
OF THE CITY OF HAYS, KANSAS, that the City of Hays, Kansas, hereby
approves the replat of LOT 2 BLOCK 9 GOLDEN BELT 8 TH ADDITION to the
City of Hays, Kansas, and the City Clerk is instructed to endorse such approval
on said plat.
Passed and adopted by the Governing Body of the City of Hays, Kansas,
this 11 th day of October, 2012.
ATTEST:
BY_____________________________
Doris Wing - City Clerk
9
_______________________________
Troy Hickman - Mayor

Golden Belt 8th
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Commission Work Session Agenda
Memo
From: Jesse Rohr, PIE Superintendent
Work Session: October 4, 2012
Subject: Pre-annexation Agreement for Sanitary Sewer Service
for 2807 Hwy 183 Alt.
Person(s) Toby Dougherty, City Manager
Responsible: I.D. Creech, Director of Public Works
Summary
The City of Hays Development Policy allows connection to one or both utilities (water or
sanitary sewer) when the subject property lies outside the City Limits, as long as the
parties involved first agree to a pre-annexation agreement. The owner of 2807 Hwy 183
Alt. (map attached) has requested a sanitary sewer connection for an existing commercial
structure on the property. The owner has agreed to the terms of the standard preannexation
agreement. If approved, the owner will pay the current outside rate of $36.10
per month for sanitary sewer service, or will have their well water metered for the
purpose of establishing the monthly sewer rate. Staff, including Public Works and
Utilities, recommends approving the agreement allowing the property owner to connect
to City of Hays sanitary sewer.
Background
The City of Hays Development Policy allows connection to one or both utilities (water or
sanitary sewer) when the subject property lies outside the City Limits, as long as the parties
involved first agree to a pre-annexation agreement.
Discussion
The owner of 2807 Hwy 183 Alt. has requested a sanitary sewer connection for an existing
commercial structure on the property. The City sewer main does lie along the east side of
HWY 183 Alt., making it available for connection. There is currently a septic system on the
property, however Ellis Co. environmental regulations restrict the use of septic systems when
a public sewer is readily available. Also, a minimum of 2 acres is required for a septic system,
and the subject property is only comprised of 1.1 acres. The existing septic system is
essentially “grandfathered”. The new owners of the property have consulted with Dale Wing
from the Ellis Co. Environmental Office and he strongly recommended to them to pursue
connection to the public sewer system. The owners have agreed to the terms of the standard
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pre-annexation agreement as detailed on Pg. 14 of the Development Policy Infrastructure
Guidelines for New Development, last revised October 8, 2009. (See excerpt below)
14) Annexation:
a. An individual or business located outside the city limits may submit a written
application to the Planning, Inspection, Enforcement Superintendent asking for
permission to connect a legally recorded lot or tract to a sanitary sewer line or water
main.
b. The requesting individual or business must file a Petition for Annexation or agree
to enter into a Pre-annexation Agreement, which either annexes the property to be
served with sanitary sewer and/or water service immediately or provides for the point
in time when annexation will take place. The Petition for Annexation or Preannexation
Agreement must be approved by the City Commission.
Once a property is connected to both public water and sewer services and/or
property is contiguous with the City Limit on at least 3 sides, the City will consider
annexing the property.
c. The requesting individual or business must agree to comply with all zoning
regulations, subdivision regulations and building codes, building permits, building
inspections, and building and inspection fees now in force or as may be amended in
the City of Hays for all improvements commenced after annexation or adoption of the
Pre-annexation Agreement.
d. The requesting individual or business must agree to participate in any Special
Assessment District, which might be formed for the purpose of paving roads/street,
and or extending public water mains or sanitary sewer lines to the property.
e. The above conditions, as well as any conditions, which might be imposed by the
City Commission at the time of application, shall apply to subsequent owners of the
property for which the request is being made.
f. Water and sewer service charges, as provided through ordinance and as amended
from time to time, shall be assessed against properties, that connect to the public
utility infrastructure.
g. A non-refundable fee of $200.00 shall be collected for the purpose of administrating
each application for connection.
Legal Consideration
There are no known legal obstacles to proceeding as recommended by City Staff.
Financial Consideration
If approved, the owner will pay the current outside rate of $36.10 per month for sanitary
sewer service or will have their well water metered for the purpose of establishing the
monthly sewer rate.
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Options
Options include the following:
� Approve the pre-annexation agreement and allow the property owner to connect
to the City sanitary sewer service.
� Do not approve the agreement therefore not allowing the property owner to
connect to City of Hays sanitary sewer service.
Recommendation
Staff, including Public Works and Utilities, recommends approving the agreement
allowing the property owner to connect to City of Hays sanitary sewer.
Action Requested
Approve the pre-annexation agreement which would allow the owners of 2807 Hwy 183
Alt. to connect one commercial structure to the City sanitary sewer system.
Utilities Memo
Owner Request
Location Map
Pre-Annexation Agreement
Supporting Documentation
P:\Agenda Materials\2012\10-04-12\2807 Hwy 183 Alt. Pre-annexation Agreement memo 1.1.doc
15

PRE-ANNEXATION AGREEMENT AND PROVISION FOR CITY
SANITARY SEWER SERVICE
THIS AGREEMENT is made and entered into this 11 th day of October 2012, by
and between the City of Hays, Ellis County, Kansas, a duly organized municipal
corporation hereinafter referred to as “FIRST PARTY”, and Brandon and Julie
Weidenhaft, hereinafter referred to as “SECOND PARTY”.
WHEREAS, Second Party is the owner of a tract of land described as follows,
to-wit:
A tract of land situated in the Southeast Quarter (SE/4) of Section 30, Township 13
South, Range 18 West of the Sixth Principal Meridian in Ellis County, Kansas, also
known as 2807 HWY 183 Alternate, and more particularly described as follows:
Commencing at the Northeast corner of the Southeast Quarter (SE/4) of Section 30,
Township 13 South, Range 18 West; THENCE on an assumed bearing of S 1° 44' 08'' E
along the East line of said Section 30, a distance of 1,667.00 feet; THENCE on a bearing
of S 87° 37' 51” W parallel with the North line of the Southeast Quarter (SE/4) of said
Section 30 a distance of 20.00 feet; THENCE on a bearing of N 62° 01' 11" W a distance
of 69.78 feet to the West right-of-way line of U.S. Highway 183 Alternate and the point
of beginning; THENCE continuing on the last described course a distance of 309.42 feet;
THENCE on a bearing of N 1° 44' 08" W parallel with the East line of said Section 30, a
distance of 59.57 feet; THENCE on a bearing of N 88° 15' 52" E a distance of 329.33 feet
to the West right-of-way line; THENCE on a bearing of S 1° 44' 08" E parallel with the
East line of said Section 30 and along the West right-of-way line a distance of 88.00 feet;
THENCE on a bearing of S 87° 36' 08" W a distance of 23.69 feet along the West rightof-way
line of said U.S. Highway 183 Alternate; THENCE on a bearing of S 14° 45' 36"
W along the right-of-way line a distance of 130.03 feet to the point of beginning;
THEREFORE, the parties agree that in consideration of the approval of the
connection of the above described tract of land to the existing system for the providing of
sanitary sewer service by the City of Hays, and the following agreements and promises
made by Second Party, it is agreed as follows:
1. Second Party, as the owner of record of the area above described, hereby
petitions the Governing body of the City of Hays to annex such land to the City, as
authorized by K.S.A. 12-520c, and subject to the condition that First Party shall not
submit its resolution of intent to annex any or all of such tract of land to the Ellis County
Board of County Commissioners unless and until the property becomes contiguous with
the Corporate City Limits of Hays on at least two sides.
Upon the meeting of this condition and a decision by the Ellis County
Commission which allows First Party to annex pursuant to K.S.A. 12-520c, First Party
may so exercise its power to annex any or all of the above described tract.
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2. The parties intend for this petition for annexation to be binding upon any
successors in interest to the above described area now owned by Second Party, The
parties agree that First Party shall file this agreement with the Ellis County Register of
Deeds within thirty (30) days of execution of this agreement, following the procedure set
forth in K.S.A. 12-534. The parties understand that Second Party shall advise each and
every purchaser of any of the above described lot, in writing, of this petition for
annexation and that it is binding upon all owners and successors in interest.
3. Following execution of this agreement. Municipal services shall be
provided with respect to the above-described lot as follows:
SANITARY SEWER. Second Party shall connect one commercial structure on
the above-described tract to the City’s sanitary sewer system in accordance with the
City’s rules and regulations for the extension of such service to new customers. For any
period of time such service is provided prior to the effective date of annexation, First
Party shall provide sanitary sewer service at rates established for non-resident outside
City limit customers.
STREETS. Any streets constructed following annexation of the abovedescribed
lot shall be constructed to those adopted street standards deemed applicable to
such construction by the Hays City Engineer. The parties agree that the costs of such
construction shall be assessed 100% to the above-described lot annexed by First Party,
following creation of a benefit district formed in accordance with K.S.A. 12-6a01et seq.
WATER. The parties agree that water will be provided to the above-described lot
through a private well and that if at anytime the owner(s) of the above-described lot
desire to connect to the First Party’s public water supply system for domestic use or for
fire protection, the cost of such connections shall be paid by the property owners through
direct payment or through the creation of a special benefit district.
Second Party hereby petitions First Party for the formation of a special benefit
district, as authorized by K.S.A. 12-6a01et seq., for the purpose of financing the
construction of public streets and/or installation of public water mains serving
domestic/fire protection needs for the above-described lot. The parties understand that
Second Party shall inform each and every purchaser, in writing of this petition for
formation of a benefit district for street improvements and/or installation of public water
mains, that by purchasing the above-described lot such purchaser has also petitioned for
the creation of the benefit district, and that this petition is binding upon all owners and
successors in interest.
Any use of land and any improvements commenced after the execution of this
agreement by Second Party or any successors in interest to any of the above described lot
shall be in accordance with zoning regulations, subdivision regulations and building
codes, building permit(s), building inspections, building and inspection fees now in force
or as they may be amended in the City of Hays.
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The parties understand that upon annexation into the City of Hays, the use of and
improvements to such lots shall be subject to First Party’s land use regulations and
building codes in the same manner as with other newly annexed land.
4. BREACH In the event Second Party breaches the terms of this agreement
First Party may discontinue sanitary sewer service to the above described tract and shall
recover from Second Party all necessary costs incurred as a result of such discontinuance
of service, including but not limited to the cost of removal of lines, meters or other
sewerworks.
5. SEVERABILITY If any part or parts of this agreement are held to be
invalid, unlawful or unconstitutional by any court, it shall be conclusively presumed that
First Party and Second Party would have agreed to the remainder of this agreement
without such invalid, unlawful or unconstitutional part or parts.
IN WITNESS WHEREOF, we hereunto set our hands this _____ day of ________,
2012.
CITY OF HAYS, KANSAS
ATTEST:
by_____________________
_______________________ ________________________
Brandon Weidenhaft, Owner
ACKNOWLEDGMENTS
STATE OF KANSAS, COUNTY OF ELLIS, ss:
________________________
Julie Weidenhaft, Owner
BE IT REMEMBERED, That on this____day of _________, 2012, before me, the
undersigned, a Notary Public in and for the County and State aforesaid, came the City of
Hays, Kansas, by ________________________, its___________________________,
who is personally known to me to be the same person who executed the foregoing Pre-
Annexation Agreement and Provision for Sanitary Sewer Service, and duly
acknowledged the execution of the same.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
notarial seal the day and last above written.
____________________________________
NOTARY PUBLIC
My Commission Expires________________
18

STATE OF KANSAS, COUNTY OF ELLIS, ss:
BE IT REMEMBERED, That on this _____ day of _________, 2012, before me,
the undersigned, a Notary Public in and for the County and State aforesaid, came
Brandon Weidenhaft, who is personally known to me to be the same person who
executed the foregoing Pre-Annexation Agreement and Provision for Sanitary Sewer
Service, and duly acknowledged the execution of the same.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
notarial seal the day and year last above written.
My Commission Expires________________
STATE OF KANSAS, COUNTY OF ELLIS, ss:
____________________________________
NOTARY PUBLIC
BE IT REMEMBERED, That on this _____ day of _________, 2012, before me,
the undersigned, a Notary Public in and for the County and State aforesaid, came Julie
Weidenhaft, who is personally known to me to be the same person who executed the
foregoing Pre-Annexation Agreement and Provision for Sanitary Sewer Service, and duly
acknowledged the execution of the same.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
notarial seal the day and year last above written.
My Commission Expires________________
____________________________________
NOTARY PUBLIC
19
4

Memo
To: Toby Dougherty, City Manager
From: Bernie Kitten, Director of Utilities
CC: I.D. Creech, Director of Public Works
John Braun, Assistant Director of Public Works
Jesse Rohr, PIE Superintendent
Paul Briseno, Assistant City Manager
Kyle Sulzman, Assistant Utilities Director
Jim Cooper, Utilities Superintendent Water
Mark Darnall, Utilities Supervisor
Tessa Scheck, Utilities Administrative Secretary
Date: 9/21/2012
City of Hays
Utilities Department
Re: Pre-Annexation of Property 2807 Hwy 183 Alt
The owner of 2807 Hwy 183 Alt. has requested a sanitary sewer connection for a
residential single-family dwelling. The City sewer main is available for connection.
The owner has agreed to the terms of the standard pre-annexation agreement and the
sewer rate for outside the city limits.
The property owner will be responsible for the sewer line from the main tap to his
buildings. The effluent must be residential sewage only.
City of Hays Planning, Inspection and Enforcement Division will be inspecting the
system tap
Utilities Department, recommends approving the agreement allowing the property
owner to connect to City of Hays sanitary sewer.
20

To whom it may concern:
8-23-12
I will be opening Big Creek Veterinary Services, PA and would like to apply to connect
to city sewer to better facilitate my business. Enclosed is the legal description for the
property where it will be located. Thank you for your time and consideration.
Sincerely,
Brandon Weidenhaft, DVM
21

2807 183 Alt.
22

Commission Work Session Agenda
Memo
From: Jesse Rohr, PIE Superintendent
Work Session: October 4, 2012
Subject: Vacate of Alley in Reservation Addition
Person(s) Toby Dougherty, City Manager
Responsible: I.D. Creech, Director of Public Works
Summary
The Reservation Addition was platted in 1976. Within this plat, there is a platted alley
dedication identified, however it was never improved in any manner. A request has been
made by property owner Tom Alm (Discovery Drilling) to vacate a portion of a platted
20 foot alley within the Reservation Addition located between lots 21 and 22 of Block 1.
There are also no utilities within the 20’ alley dedication, and no future plan for utilities
within the area. This request has been reviewed by city staff and has gone before the
Utility Advisory Committee and the Hays Area Planning Commission for review and
comment. All those involved have determined that the alley is not necessary, do not
anticipate any future development requiring the alley, and do agree with the vacate
request.
Background
The Reservation Addition was platted in 1976. Within this plat, there is a platted alley
dedication identified, however it was never improved in any manner.
Discussion
A request has been made by property owner Tom Alm (Discovery Drilling) to vacate a
portion of a platted 20 foot alley within the Reservation Addition located between lots 21
and 22 of Block 1. The alley was dedicated during the platting process when the plat was
approved in September of 1976. The alley was never improved and it actually only exists
on paper. No physical or visible indications of the alley are present on site. There are
also no utilities within the 20’ alley dedication, and no future plan for utilities within the
area.
The current property owner owns both adjacent lots (21 and 22) and is planning to
expand his business yard onto the east property (lot 22) and has no need for the alley.
Attached is a plat drawing showing the location of the alley to be vacated.
23

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. The lot owner requesting
the vacate will pay for any necessary recording of documents if the vacate is approved.
Options
Options include the following:
� Approve the Ordinance vacating the platted alley
� Do not approve the ordinance
� Provide other alternatives
Recommendation
This request has been reviewed by city staff and has gone before the Utility Advisory
Committee and the Hays Area Planning Commission for review and comment. All those
involved have determined that the alley is not necessary, do not anticipate any future
development requiring the alley, and do agree with the vacate request.
Action Requested
Approve the ordinance authorizing the vacate of the south 704.66’ portion of the 20’
wide platted alley between lots 21 and 22, Block 1, of the Reservation Addition.
Supporting Documentation
Copy of Plat Map and Image
Vacate Ordinance
P:\Agenda Materials\2012\10-04-12\Reservation Addition Alley Vacate Memo 1.1.doc
24

RESERVATION ADDITION
ELLIS COUNTY, KANSAS
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RCSERVATtON ADDITION
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Alley Vacate
26

ORDINANCE NO. _______
AN ORDINANCE VACATING A PORTION OF A PUBLIC
PLATTED ALLEY LOCATED BETWEEN LOTS 21 AND 22,
BLOCK 1 OF RESERVATION ADDITION TO THE CITY OF
HAYS, KANSAS.
WHEREAS, the Governing Body of the City of Hays, Kansas, finds it necessary and
expedient that a portion of the platted alley located between Lots 21 and 22, Block 1, of Reservation
Addition to the City of Hays, described as follows, to wit:
be vacated;
The alley to be vacated is 20.00 feet wide and runs parallel with the line
between Lots 21 and 22, Block 1, of the Reservation Addition to the City
of Hays, Kansas. The portion of the alley to be vacated is further described
as follows:
The South 704.66 feet of the 20.00 feet wide platted alley located parallel
to and between Lots 21 and 22, Block 1, Reservation Addition to the City
of Hays, Kansas,
WHEREAS, K.S.A. 12-504, authorizes the vacation of lands by the City Governing Body
under certain conditions, which have now been met;
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF HAYS, KANSAS:
Section 1. That a portion of the platted alley located between Lots 21 and 22, Block 1, of
Reservation Addition to the City of Hays, described as follows, to-wit:
The alley to be vacated is 20.00 feet wide and runs parallel with the line
between Lots 21 and 22, Block 1, of the Reservation Addition to the City
of Hays, Kansas. The portion of the alley to be vacated is further described
as follows:
The South 704.66 feet of the 20.00 feet wide platted alley located parallel
to and between Lots 21 and 22, Block 1, Reservation Addition to the City
of Hays, Kansas, to be vacated, be and the same is hereby vacated.
27

ORDINANCE NO.
Page 2
Section 2. This ordinance shall be effective upon publication in The Hays Daily News,
the official city newspaper.
ATTEST:
PASSED AND ADOPTED this 11 th day of October, 2012.
_____________________
Doris Wing
City Clerk
28
__________________
Troy Hickman
Mayor

Commission Work Session Agenda
Memo
From: Paul Briseno, Assistant City Manager
Work Session: October, 4 2012
Subject: DHDC Pavilion Operating Costs
Person(s) Toby Dougherty, City Manager
Responsible: Paul Briseno, Assistant City Manager
Summary
The City Commission requested an estimate of annual operating expenditures for the
Downtown Hays Development District proposed pavilion. Based on the design given,
staff projected costs at $6,000. This item is brought forward to give greater insight into
potential ongoing operational costs and respond to DHDC's funding/participation request.
Staff asks the City Commission to give further guidance.
Background
At the September 20 th Work Session the City Commission asked staff to calculate annual
operating costs for the Downtown Hays Development Corporation proposed pavilion
project. DHDC estimates the project to cost $576,534, which includes facility
construction and site improvements. Specifically, their request from the City is not to
exceed $276,534. Broken down, this request equates to a $100,000 cash contribution and
$176,534 in match noncash (site improvements). DHDC will raise the remaining funds
necessary for the project.
The September 20th DHDC presentation outlining the project and costs are attached to
this memo.
Discussion
Based on DHDC’s proposal staff has conservatively estimated the following reoccurring
costs:
Pavilion Project
Annual Operational Costs
$ 1,800 Electricity - Pavilion & Restroom
$ 2,600 Cleaning 1.5 Hrs Per Occurrence
$ 750 Cleaning Supplies
$ 850 Mow, Fuel, Trimming, 20 weeks
$ 6,000 Total Annual Operational Costs
29

Staff would recommend $3,000 to $5,000 be placed in a replacement fund for future
facility maintenance costs/depreciation.
There is no calculation for additional advertising of the farmers market or potential event
scheduling by City staff. The Parks Department envisions a similar process currently
used to reserve shelters. It’s assumed a fee will be charged for utilization of this facility
to recoup some costs. DHDC has committed ongoing marketing of the facility through
its endeavors.
Financial Consideration
If approved the expected ongoing cost incurred by the Parks Department for operations
would be $6,000, and the maintenance fund for future improvements would be $3,000 to
$5,000. The requested total capital cost of $276,534 would be funded with City
Commission Financial Policy Projects.
Options
1. Approve an amount not to exceed $276,534 to partially fund the construction of a
Downtown Pavilion as presented by the DHDC to be paid out of the City Commission
Financial Policy Projects.
2. Direct Staff to gather additional information.
3. Do nothing.
Recomendation
Staff recommends the City Commission give guidance for further participation of this
project financially as well as the management of it.
Action Requested
Give guidance for further participation of this project financially as well as the
management of it.
Supporting Documentation
September 20th DHDC Presentation
30

DHDC Mission
To foster awareness and promote
Downtown Hays as a vibrant
center of commerce, recreation,
arts, government and history that
serves the people of Hays, the
surrounding region and visitors
from around the world.
DHDC will strive to prevent the
deterioration and enhance the
viability of the community’s
cultural centers, historical
landmarks and public
infrastructure important to the
community’s economic and
cultural well being.
DHDC Strategic Plan
Strategic Goals
1.Improve the physical appearance of Downtown
Hays and the Chestnut Street District.
2.Grow the number and variety of businesses in
Downtown Hays.
3.Develop and implement a branding/marketing plan
to advertise and promote patronage of Downtown
Hays and the Chestnut Street District.
4.Support the quality of housing in the Downtown
area.
5.Develop new events and continue to support the
growth of currently held successful events in
Downtown.
32

Future
• Implementation of Downtown
Pavilion Phases
• Railroad Corridor
Development to FHSU Plan
• Development with the City of
Hays hike/bike trail
• 2nd Phase – Way finding Signs
• Banners for Downtown
• Additional aesthetic street
signs Downtown
• Stronger Relationship with
FHSU
• New Website/Mobile Presence
33

Multi-Use
Pavilion
• Multi-Use
• Farmer’s Market
• Family Reunions
• Weddings
• Outdoor Entertainment
• Art Venue
• Event Venue
• University Events
• Fundraising Event Site
• Projected cost
• Public/Private Investment
Construction
• City of Hays Management
34

Proposed Location Site
35

Downtown Hays Multi‐Use Pavilion
36

Downtown Hays Multi‐Use Pavilion
37

Downtown Hays Multi‐Use Pavilion
38

Downtown Hays Multi‐Use Pavilion
39

Downtown Hays Multi‐Use Pavilion
40

Downtown Hays Multi‐Use Pavilion
41

Downtown Hays Multi‐Use Pavilion
42

ITEM TOTAL
Projected Cost
Site Work $ 35,000
Site Demolition (remove foundation) City of Hays (Match Noncash) $ 176,534
Stormwater Plan and BMP City of Hays (Cash Contribution) $ 100,000
Landscape (from Jeff Boyle)
Environmental Assessment
City of Hays (Total Contribution) $ 276,534
Infrastructure Improvements $ 125,760
City of Hays (Total Contribution) $ 276,534
Water Improvements Donor (Cash Contribution) $ 300,000
Sanitary Sewer Improvements
UP Park Sidewalk Repair
Electrical/Gas Service
Restroom Facility
Concrete Pavement around Pavilion
Total Project Cost $ 576,534
UPRR Permitting/Insurance $ 10,000
Sub‐Total $ 170,760
Contingency (15%) $ 25,614
Other Sub‐Total
$
196,374
Building 3,168 SF $120 $ 380,160
TOTAL BUILDING AND OTHER SUB‐COST $ 576,534
SALES TAX $
‐
TOTAL PROJECT COST
43
$
576,534
COST BREAKDOWN

Executive Director – Traci Konrade
Pavilion Committee Chair – Michele Flax
2700 Vine Street | Hays Kansas
785.621.4171
45