CITY COMMISSION MEETING Winfield, Kansas AGENDA

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Mayor Beth R. Wilke Commissioner Brenda K Butters Commissioner Gregory N. Thompson CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, July 06, 2015 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, June 15, 2015 BUSINESS FROM THE FLOOR -Citizens to be heard NEW BUSINESS Ordinances & Resolutions Bill No. 1541 A Resolution Authorizing and granting a Conditional Use Permit to Brandon Jellings at 2802 E. Ninth Avenue, Winfield, KS for construction of twenty additional multi-family dwelling units within an MU Mixed Use District. Bill No. 1542 A Resolution Accepting and authorizing the filing of a certain permanent easement necessary to provide right-of-way for installation, construction, maintenance, repair, and removal of the utilities and the necessary appurtenances therefore, in, over, under, and across real estate in Southwest Quarter of Section 23, Township 32 South, Range 4 East of the 6th P.M., City of Winfield, Cowley County, Kansas. (Branscum) Bill No. 1543 A Resolution Accepting and authorizing the filing of a certain permanent easement necessary to provide right-of-way for installation, construction, maintenance, repair, and removal of the utilities and the necessary appurtenances therefore, in, over, under, and across real estate in Southwest Quarter of Section 23, Township 32 South, Range 4 East of the 6th P.M., City of Winfield, Cowley County, Kansas. (Holman) OTHER BUSINESS -Re-Certify Appointments to the KMGA Board of Directors -Budget workshop July 21st, 1:00 p.m. at the Physicians Pavilion ADJOURNMENT -Next regular meeting 5:30 p.m. Monday, July 20, 2015.

CITY COMMISSION MEETING MINUTES Winfield, Kansas June 15, 2015 The Board of City Commissioners met in regular session, Monday, June 15, 2015 at 5:30 p.m. in the City Commission-Community Council Meeting Room, City Hall; Mayor Beth R. Wilke presiding. Commissioners Gregory N. Thompson and Brenda K. Butters were also present. Also in attendance were Warren Porter, City Manager, Brenda Peters, City Clerk and William E. Muret, City Attorney. Other staff members present were Gary Mangus, Assistant to the City Manager, Russ Tomevi, Director of Public Works/Engineering, Patrick Steward, Director of Community Development, and Danny Parker, Chief of Police. City Clerk Peters called the roll, all Commissioners present. Commissioner Butters moved that the minutes of the June 1, 2015 meeting be approved. Commissioner Thompson seconded the motion. With all Commissioners voting aye, motion carried. PRESENTATIONS -Chief Parker presented a Meritorious award to Patrolman Shawn Skwiat for exemplary performance of duty. -Brett Letkowski representing the Kansas Public Works Association presented a Project of the Year Small City/Rural County Environmental Award for the Stewart Street Project to Mayor Wilke. Every year the Kansas Chapter acknowledges public works projects that demonstrate excellence in engineering and design, innovation, and construction. Letkowski also presented Public Works Director Tomevi with the George Williams Award. This award was created in 1996 for the purpose of recognition of outstanding excellence and dedication and public service through the outstanding achievements and accomplishments of an individual public works official. BUSINESS FROM THE FLOOR Bill Madrigal residing at 209 Minnesota Street was present to speak to the Commission about a nuisance property located at Minnesota Street and 3rd Avenue. NEW BUSINESS Bill No. 1539 A Resolution Authorizing the Mayor and the City Clerk of the City of Winfield, Kansas to execute an agreement for architectural services with McClaren, Wilson & Lawrie, Inc. for the purpose of providing a Fire, EMS, and Police Facility Needs Assessment Study for the City of Winfield. Community Development Director Steward explains that approval of this resolution will authorize the award of a contract to assess the Police and Fire facility needs to McClaren, Wilson & Lawrie, Inc. Steward states that the study is anticipated to be completed by year end. Upon motion by Commissioner Thompson, seconded by Commissioner Butters all Commissioners voting aye, Bill No. 1539 was adopted and numbered Resolution No. 3315. Bill No. 1540 A Resolution Approving the amended plat of Hollembeak Subdivision, a parcel of land situated in the Southwest Quarter of Section 32, Township 32 South, Range 4 East of the 6th

P.M., Cowley County, Kansas. Community Development Director Steward explains that this action approves the signing of a minor plat which is a plat that resides outside the city limits but within the three-mile zoning jurisdiction of the City. The resolution also rescinds the previous action adopted by Resolution No. 0215 as the properties listed in the plat that was originally adopted have changed. Upon motion by Commissioner Butters, seconded by Commissioner Thompson all Commissioners voting aye, Bill No. 1540 was adopted and numbered Resolution No. 3415. OTHER BUSINESS City Clerk Peters presented a Cereal Malt Beverage license application for Cancun Mexican Grill, 711 Main St, for Commission consideration. Peters explains that all criteria has been met except for the required inspection by the City's Fire Marshal. Upon motion by Commissioner Thompson, seconded by Commissioner Butters, all Commissioners voting aye, the CMB license for Cancun Mexican Grill was approved, subject to passing inspection by the Fire Marshal. City Clerk Peters presented a list of board appointments for the Commission's consideration. Commissioner Butters made a motion to accept the board appointments as submitted, Commissioner Thompson seconded the motion. With all Commissioners voting aye, motion carried. CITY PLANNING COMMISSION -Anne Jarrett SENIOR CITIZEN'S ADVISORY COMMITTEE -Jim Buterbaugh HUMAN RELATIONS COMMISSION -Della Moore City Manager Porter reminds everyone that the Mayor will be providing the State of the City Address at the Winfield Chamber at 12:00 pm on June 18, 2015 ADJOURNMENT Upon motion by Commissioner Thompson, seconded by Commissioner Butters, all Commissioners voting aye, the meeting adjourned at 5:49 p.m. Signed and sealed this 2nd day of July 2015. Signed and approved this 6 th day of July 2015. Brenda Peters, City Clerk Brenda K. Butters, Presiding Officer

BILL NO. 1541 RESOLUTION NO. 3515 A RESOLUTION AUTHORIZING and granting a Conditional Use Permit to Brandon Jellings at 2802 E. Ninth Avenue, Winfield, KS for construction of twenty additional multi-family dwelling units within an MU Mixed Use District. WHEREAS, the Planning Commission of the City of Winfield, Kansas, on June 16, 2015, conducted a Public Hearing to consider a request for a Conditional Use Permit (CUP) for the purpose of constructing an additional twenty dwelling units; and, WHEREAS, on June 23, 2015 the Planning Commission met to recommended approval of said Conditional Use Permit, Case Number PC 2015-05. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WINFIELD, KANSAS, THAT: Section 1. A Conditional Use Permit is hereby granted to Brandon Jellings to construct an additional twenty dwelling units on the following legally described property: Beginning at a point 532.5 feet West and 64.1 feet North of the Southeast corner of the Southwest Quarter of Section 23, Township 32 South, Range 4 East of the 6 th P.M., City of Winfield, Cowley County, Kansas, said point being on the North right-of-way line of U.S. Highway 160; thence West along the North right-of-way of Highway 160 a distance of 417.42 feet to a point; said point being 63.8 feet North of the South line of said Section 23; thence North on a line that is perpendicular to the South line of Section 23, a distance of 417.42 feet to a point; thence East a distance of 417.42 feet to a point; thence South on a line that is perpendicular to the South line of Section 23, a distance of 417.42 feet to the point of beginning. Upon the following conditions: 1) Screening fence complying with Section 20-5 of the Zoning Regulations shall be installed to the east side adjacent to any new dwelling unit. Section 2. This resolution shall be in full force and effect from and after its adoption. Section 3. The Clerk of the City of Winfield is hereby authorized and directed to file said Conditional Use with the Register of Deeds of Cowley County, Kansas.

ADOPTED this 6 th day of July, 2015. ATTEST: Brenda K. Butters, Presiding Officer Brenda Peters, City Clerk Approved as to form: William E. Muret, City Attorney Approved for Commission action: Warren Porter, City Manager/tp

BILL NO. 1542 RESOLUTION NO. 3615 A RESOLUTION ACCEPTING and authorizing the filing of a certain permanent easement necessary to provide right-of-way for installation, construction, maintenance, repair, and removal of the utilities and the necessary appurtenances therefore, in, over, under, and across real estate in Southwest Quarter of Section 23, Township 32 South, Range 4 East of the 6th P.M., City of Winfield, Cowley County, Kansas. WHEREAS, it was necessary to acquire a certain permanent easement to provide right-of-way for installation, construction, maintenance, repair, and removal of the utilities and the necessary appurtenances in Cowley County, Kansas; and, WHEREAS, said easement has been successfully negotiated. 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 accept a certain permanent easement in Cowley County, Kansas, granted by Winfield Enterprises, necessary to provide right-of-way for the purpose of installation, construction, maintenance, repair, and removal of the utilities and the necessary appurtenances therefore, in, over, under, and across the real estate described as follows: A strip of land 15' in width, the centerline of which is described as: Starting at a point 532.5 feet West and 64.1 feet North of the Southeast corner of the Southwest Quarter of Section 23, Township 32 South, Range 4 East of the 6th P.M., City of Winfield, Cowley County, Kansas, said point being on the North right-of-way line of U.S. Highway 160; thence East 7.5 feet along said right-ofway line, thence North on a line that is perpendicular to the South line of Section 23 a distance of 10 feet to the actual point of Beginning; thence North on a line that is perpendicular to the South line of Section 23, a distance of 407.42 feet to the point of termination. - And- A strip of land 15' in width, the centerline of which is described as: Starting at a point 532.5 feet West and 64.1 feet North of the Southeast corner of the Southwest Quarter of Section 23, Township 32 South, Range 4 East of the 6th P.M., City of Winfield, Cowley County, Kansas, said point being on the North right-of-way line of U.S. Highway 160; thence North on a line that is perpendicular to the South line of Section 23, a distance of 17.5 feet; thence East, parallel to the South line of Section 23, 15 feet to the actual point of beginning; thence East, parallel to the South line of Section 23, 35 feet to the point of termination.

-And- A strip of 60' in width, the centerline of which is described as: Beginning at a point 162.5 feet West and 64.1 feet North of the Southeast corner of the Southwest Quarter of Section 23, Township 32 South, Range 4 East of the 6th P.M., City of Winfield, Cowley County, Kansas, said point being on the North right-of-way line of U.S. Highway 160; thence North on a line that is perpendicular to the South line of Section 23, a distance of 30 feet to the actual point of beginning; thence East, parallel to the South line of said Section 23, to the East line of said Southwest Quarter of Section 23. Section 2. The Clerk of the City of Winfield, Kansas shall record said easement with the Register of Deeds of Cowley County, Kansas. Section 3. This resolution shall be in full force and effect from and after its adoption. ADOPTED this 6 th day of July 2015. (SEAL) ATTEST: Brenda K. Butters, Presiding Officer Brenda Peters, City Clerk Approved as to form: William E. Muret, City Attorney Approved for Commission action: Warren Porter, City Manager/ps

BILL NO. 1543 RESOLUTION NO. 3715 A RESOLUTION ACCEPTING and authorizing the filing of a certain permanent easement necessary to provide right-of-way for installation, construction, maintenance, repair, and removal of the utilities and the necessary appurtenances therefore, in, over, under, and across real estate in Southwest Quarter of Section 23, Township 32 South, Range 4 East of the 6th P.M., City of Winfield, Cowley County, Kansas. WHEREAS, it was necessary to acquire a certain permanent easement to provide right-of-way for installation, construction, maintenance, repair, and removal of the utilities and the necessary appurtenances in Cowley County, Kansas; and, WHEREAS, said easement has been successfully negotiated. 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 accept a certain permanent easement in Cowley County, Kansas, granted by Eye Properties, LLC, necessary to provide right-of-way for the purpose of installation, construction, maintenance, repair, and removal of the utilities and the necessary appurtenances therefore, in, over, under, and across the real estate described as follows: Starting at a point 482.50 feet West of and 64.1 feet North of the Southeast corner of the Southwest Quarter of Section 23, Township 32 South, Range 4 East of the 6th P.M., Cowley County, Kansas, said point being on the North right-of-way line of U.S. Highway 160; thence North on a line that is perpendicular to the South line of said Section 23 a distance of 10 feet to the actual point of beginning; thence East, parallel to the South line of Section 23 a distance of 320 feet; thence North on a line that is perpendicular to the South line of said Section 23 a distance of 35 feet, thence Southwest 320.98 feet to a point that is 482.50 feet West of and 89.1 feet North of said Southeast corner of said Southwest Quarter, thence South along a line that is perpendicular to the South line of said Section 23 a distance of 15 feet to the point of beginning. Section 2. The Clerk of the City of Winfield, Kansas shall record said easement with the Register of Deeds of Cowley County, Kansas. Section 3. This resolution shall be in full force and effect from and after its adoption.

ADOPTED this 6 th day of July 2015. (SEAL) ATTEST: Brenda K. Butters, Presiding Officer Brenda Peters, City Clerk Approved as to form: William E. Muret, City Attorney Approved for Commission action: Warren Porter, City Manager/ps