CITY COMMISSION MEETING Winfield, Kansas AGENDA

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1 Mayor Beth R. Wilke Commissioner Brenda K Butters Commissioner Gregory N. Thompson CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, June 06, 2016 TIME: 5:30 p.m. PLACE: City Commission Community Council Room First Floor City Building AGENDA CALL TO ORDER...Mayor Beth R. Wilke ROLL CALL...City Clerk, Brenda Peters MINUTES OF PRECEDING MEETING...Monday, May 16, 2016 BUSINESS FROM THE FLOOR -Citizens to be heard NEW BUSINESS Ordinances & Resolutions Bill No An Ordinance- Repealing and Adopting an Ordinance affirming the City of Winfield s adoption and continued operation under the Commission-Manager form of government by repealing Ordinance No adopted on March 7, 2016 and adopting a new Ordinance affirming the Commission-Manager form of government. Bill No A Resolution - Authorizing and directing the Mayor and Clerk of the City of Winfield, Kansas, to execute a contract for Project No. FY 2016 KDOT KLINK 1R (US) U for Highway improvements from 140 feet west of Viking Blvd. to the east city limits on US-160, between the City of Winfield, Kansas and Cornejo & Sons, LLC, Wichita, Kansas. Bill No A Resolution - Amending - an Agreement providing for the Construction of Certain Improvements for Cottonwood Court, a residential subdivision, executed on November 5, 2007, and approved by the City of Winfield in Bill No and Resolution No and amending Resolution No. 2712, executed on April 2, OTHER BUSINESS -Consider 2016 Board Appointments ADJOURNMENT -Next regular meeting 5:30 p.m. Monday, June 20, 2016.

2 CITY COMMISSION MEETING MINUTES Winfield, Kansas May 16, 2016 The Board of City Commissioners met in regular session, Monday, May 16, 2016 at 5:30 p.m. in the City Commission-Community Council Meeting Room, City Hall; Presiding Officer Brenda K. Butters presiding. Commissioner Gregory N. Thompson was also present. Mayor Beth R. Wilke was absent. Also in attendance were Warren Porter, City Manager, Brenda Peters, City Clerk and William E. Muret, City Attorney. Other staff member present was Gary Mangus, Assistant to the City Manager and Gus Collins, Director of Gas & Wastewater Utilities. City Clerk Peters called roll. Mayor Wilke was noted as absent. Commissioner Thompson moved that the minutes of the May 2, 2016 meeting be approved as presented. Commissioner Butters seconded the motion. With both Commissioners voting aye, motion carried. PUBLIC HEARING Presiding Officer Butters opened a public hearing for comments concerning the issuance of Industrial Revenue Bonds to provide funds to pay the costs of the acquisition, construction and equipping of a commercial facility to be located in the City of Winfield and to be leased by the City to JB3, LLC, or another legal entity to be formed by the principals of JB3, LLC (Dr. Gail Burden). BUSINESS FROM THE FLOOR NEW BUSINESS Bill No A Resolution Determining the advisability of issuing Taxable Industrial Revenue Bonds for the purpose of financing the acquisition, construction and equipping of a commercial facility to be located in said city; and authorizing execution of related documents. Sarah Steele representing Gilmore & Bell, P.C. was present to explain that this action is a resolution of intent to issue Industrial Revenue Bonds in the amount of approximately $1,500,000 to pay the costs of the acquisition, construction and equipping of a commercial ophthalmology facility to JB3, LLC who will sublease the facility to Grene Vision Group, LLC. Steele also explains that all materials purchased for construction of the facility will be exempt from sales tax, and in addition, the resolution if passed grants a property tax exemption on the new construction for a period of ten years. Steele further states that the bonds are solely an obligation of JB3, LLC and are not in any way an obligation of the City of Winfield. Upon motion by Commissioner Thompson, seconded by Presiding Officer Butters both Commissioners voting aye, Bill No was adopted and numbered Resolution No Bill No A Resolution Authorizing a Temporary Entertainment District Alcohol or Cereal Malt Beverage Permit Application. Assistant to the City Manager Mangus explains that Robert Smith has submitted an application for an outdoor event to be held on May 21, 2016 at 403 Soward Street and is requesting to have the possession and consumption of alcohol on the public rights-of-

3 way during the event. The City has received a copy of the temporary alcohol licenses issued by the State of Kansas. Upon motion by Commissioner Thompson, seconded by Presiding Officer Butters both Commissioners voting aye, Bill No was adopted and numbered Resolution No OTHER BUSINESS Consider 2016 Bobcat S595 T4 Skid Steer Loader 74-inch Bucket for Wastewater Treatment Plant -Commissioner Thompson moved to approve the one-year lease of a 2016 Bobcat S595 T4 Skid Steer Loader 74-Inch Bucket for use by the Wastewater Treatment Plant for an amount of $3,900 payable to First Bank of Sterling Kansas. Motion was seconded by Presiding Officer Butters. With both Commissioners voting aye, motion carried. Consider 2016 Bobcat S595 T4 Skid Steer Loader 68-inch Bucket for Wastewater Collection Department - Commissioner Thompson moved to approve the one-year lease of a 2016 Bobcat S595 T4 Skid Steer loader 68-Inch Bucket for use by the Wastewater Collection Department for an amount of $3,500 payable to First Bank of Sterling Kansas.. Motion was seconded by Presiding Officer Butters. With both Commissioners voting aye, motion carried. ADJOURNMENT Upon motion by Commissioner Thompson, seconded by Presiding Officer Butters, both Commissioners voting aye, the meeting adjourned at 5:42 p.m. Signed and sealed this 31st day of May Signed and approved this 6 th day of June Brenda Peters, City Clerk Beth R. Wilke, Mayor

4 (First published in the Winfield Daily Courier on, 2016) BILL NO. ORDINANCE NO. REPEALING AND ADOPTING AN ORDINANCE an Ordinance affirming the City of Winfield s adoption and continued operation under the Commission-Manager form of government by repealing Ordinance No adopted on March 7, 2016 and adopting a new Ordinance affirming the Commission- Manager form of government. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WINFIELD, KANSAS THAT: Section 1. Ordinance Number 4037 adopted on March 7, 2016 is hereby repealed and a new ordinance designated as Chapter 2, Article II, Section 2-34 Form of Government, shall be adopted as follows: Section Form of Government. (a) FORM OF GOVERNMENT: The City of Winfield, Kansas, continues to operate under the commission-manager form of government, as codified in L. 2015, ch. 88, sec. 10 through 12, and pursuant to all existing ordinances and charter ordinances relating to its form of government. (b) GOVERNING BODY; TRANSITION TO NOVEMBER ELECTIONS. Those governing body positions with terms that would have expired in April 2017, shall expire on the second Monday in January of 2018, when the city officials elected in the November 2017 general election take office. Those governing body positions with terms that would have expired in April 2019, shall expire on the second Monday in January of 2020, when the city officials elected in the November 2019 general election take office. (c) SAME; OFFICES AND ELECTIONS. (1) The governing body shall consist of three commissioners to be elected to terms as set forth herein. The commissioners shall be residents and qualified electors of the City of Winfield, Kansas. (2) General elections shall take place on the Tuesday succeeding the first Monday in November 2017, and succeeding elections will be held every two years for all such governing body positions whose terms have expired. (3) In accordance with K.S.A , and amendments thereto, any person may become a candidate for city office elected at large by having had filed on their behalf, a nomination petition or a declaration of candidacy, accompanied by any fee required by law. The nomination petition must be signed by 50 of the qualified electors of the City of Winfield, or a number of qualified electors equal to or not less than 1% of the ballots cast and counted at the last general election, whichever is less.

5 (4) Filings by candidates and election of those candidates shall be non-partisan. (d) SAME; TERMS. General elections shall take place on the Tuesday succeeding the first Monday in November Succeeding elections will be held every two years for all such governing body positions whose terms have expired. At succeeding regular city elections there shall be elected one commissioner for a four-year term and one commissioner for a twoyear term. The candidate receiving the largest number of votes shall be elected for a four-year term, and the candidate receiving the second largest number of votes shall be elected for a twoyear term. (e) SAME; VACANCIES. The laws establishing and relating to the commission form of government in cities of the second class shall govern the filling of vacancies in the governing body of the City of Winfield, Kansas. (f) SAME; MEETINGS. The laws establishing and relating to the commission form of government in cities of the second class shall govern the rules for governing body meetings for the City of Winfield, Kansas. (g) CITY MANAGER. (1) The city governing body shall appoint a city manager to be responsible for the administration and affairs of the city. The city manager shall serve at the pleasure of the governing body. (2) The city manager shall see that all laws and ordinances are enforced. The city manager shall appoint and remove all heads of departments and all subordinate officers and employees of the city. All appointments shall be made upon merit and fitness alone. (h) PUBLICATION; EFFECTIVE DATE. This ordinance shall take effect and be in full force immediately following its adoption and publication as provided by law. ADOPTED this 6th day of June, CITY OF WINFIELD, KANSAS ATTEST: By Beth R. Wilke, Mayor Brenda Peters, City Clerk Approved as to form: William E. Muret, City Attorney Approved for Commission action: Warren Porter, City Manager

6 BILL NO RESOLUTION NO A RESOLUTION AUTHORIZING and directing the Mayor and Clerk of the City of Winfield, Kansas, to execute a contract for Project No. FY 2016 KDOT KLINK 1R (US) U for Highway improvements from 140 feet west of Viking Blvd. to the east city limits on US-160, between the City of Winfield, Kansas and Cornejo & Sons, LLC, Wichita, Kansas. WHEREAS, proposals for the highway improvements were requested, accepted and opened at 1:30 p.m. on May 26, 2016; and, WHEREAS, Cornejo & Sons, LLC, Wichita, Kansas, submitted the apparent lowest proposal; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WINFIELD, KANSAS, THAT: Section 1. The Mayor and Clerk of the City of Winfield, Kansas are hereby authorized and directed to execute a contract for the amount of two hundred eighty-one thousand one hundred five dollars and five cents ($281,105.05) for Project No. FY 2016 KDOT KLINK 1R (US) U for Highway improvements from 140 feet west of Viking Blvd. to the east city limits on US-160, between the City of Winfield, Kansas and Cornejo & Sons, LLC, Wichita, Kansas, a copy of which is attached hereto and made a part hereof the same as if fully set forth herein. Section 2. This resolution shall be in full force and effect from and after its passage and approval. ADOPTED this 6th day of June, (SEAL) ATTEST: Beth R. Wilke, Mayor Brenda Peters, City Clerk Approved as to form: William E. Muret, City Attorney Approved for Commission action: Warren Porter, City Manager/rt

7 BILL NO RESOLUTION NO. A RESOLUTION AMENDING an Agreement providing for the Construction of Certain Improvements for Cottonwood Court, a residential subdivision, executed on November 5, 2007, and approved by the City of Winfield in Bill No and Resolution No and amending Resolution No. 2712, executed on April 2, WHEREAS, an Agreement between Cottonwood Developer, LLC and the City of Winfield, Kansas was entered into regarding the payment of the cost of constructing street improvements, water improvements and sanitary sewer improvements, and; WHEREAS, due to general financial instability and the weakening of the national and state housing and real estate market it is in the best interests of the parties involved to modify the terms of the Agreement to extending the time period for making payments regarding special assessments. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WINFIELD, KANSAS, THAT: Section 1. The governing body agrees to void Paragraph 6 of said agreement and substitute the following amended Paragraph 6: 6. Developer agrees to pay for the cost of constructing street improvements, water improvements and sanitary sewer improvements as described in Paragraph 5, except for the cost assumed by the city-at-large. The method of financing and schedule shall be as follows: City shall obtain temporary financing of the design and construction of improvements as described in Paragraph 5. The City shall take bids from financial institutions to obtain financing. Temporary financing interest cost will accrue until final financing is obtained. Developer or Special Assessment District shall be responsible for said interest. City shall prudently invest available proceeds, subject to legal restrictions. Any interest earned from available temporary financing proceeds shall be credited against the interest cost. City agrees to issue Special Assessments as final financing. The Developer will execute petitions for improvements as described in Paragraph 5. The petition for

8 improvements outline the method of assessment and cost apportionment. City agrees that the first required Special Assessment payment will not be prior to the first tax statement issued in November, 2011, and payable by December 20, The City further agrees to a two year moratorium on the payment of any Special Assessments on unsold lots starting June 2016, with no Special Assessments due on unsold lots until June Upon the sale of a lot or upon reaching June of 2018, the yearly payment of Special Assessments will resume until paid in full. Section 2. This resolution shall be in full force and effect from and after its approval and passage and the execution of an amendment to the original Agreement as set out herein and signed by all parties. ADOPTED this day of June CITY OF WINFIELD, KANSAS ATTEST: By Beth R. Wilke, Mayor Brenda Peters, City Clerk Approved as to form: William E. Muret, City Attorney Approved for Commission Action: Warren Porter, City Manager