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Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October 01, 2018 TIME: 5:30 p.m. PLACE: City Commission – Community Council Room – First Floor – City Building AGENDA CALL TO ORDER .........................................................................Mayor Gregory N. Thompson ROLL CALL ..................................................................................City Clerk, Brenda Peters MINUTES OF PRECEDING MEETING...........................................Monday, September 17, 2018 DEPARTMENT PRESENTATIONS & PROMOTIONS -Electric Department – Kyle Bliss BUSINESS FROM THE FLOOR -Citizens to be heard NEW BUSINESS Ordinances & Resolutions Bill No. 1892 – An Ordinance – Amending Article 9 of the Zoning Regulations of the City of Winfield, Kansas, by amending language within this article and by the addition of certain allowable commercial uses. Bill No. 1893 – A Resolution – Determining the existence of certain nuisances in the City of Winfield, Kansas, and authorizing further action pursuant to the City Code of said City. (802 E. 16 th Ave) Bill No. 1894 - 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 Section 21, Township 32 South, Range 4 East of the 6th P.M., City of Winfield, Cowley County, Kansas. (Scott A. and Delisa L. Showalter) Bill No. 1895 - 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 Section 21, Township 32 South, Range 4 East of the 6th P.M., City of Winfield, Cowley County, Kansas. (A. William Jr. and Elin A. Bloedel) Bill No. 1896 - 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 Section 21, Township 32 South, Range 4 East of the 6th P.M., City of Winfield, Cowley County, Kansas. (Daniel J. and Jenny Bader) Bill No. 1897 - 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 in the East Half of Section 10, Township 33 South, Range 4 East of the 6 th P.M., Cowley County, Kansas. (Michael E. Reynolds)

AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

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Page 1: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis

CITY COMMISSION MEETING

Winfield, Kansas DATE: Monday, October 01, 2018 TIME: 5:30 p.m. PLACE: City Commission – Community Council Room – First Floor – City Building

AGENDA CALL TO ORDER .........................................................................Mayor Gregory N. Thompson ROLL CALL ..................................................................................City Clerk, Brenda Peters MINUTES OF PRECEDING MEETING...........................................Monday, September 17, 2018 DEPARTMENT PRESENTATIONS & PROMOTIONS -Electric Department – Kyle Bliss BUSINESS FROM THE FLOOR -Citizens to be heard NEW BUSINESS Ordinances & Resolutions Bill No. 1892 – An Ordinance – Amending Article 9 of the Zoning Regulations of the City of Winfield, Kansas,

by amending language within this article and by the addition of certain allowable commercial uses.

Bill No. 1893 – A Resolution – Determining the existence of certain nuisances in the City of Winfield, Kansas,

and authorizing further action pursuant to the City Code of said City. (802 E. 16th Ave) Bill No. 1894 - 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 Section 21, Township 32 South, Range 4 East of the 6th P.M., City of Winfield, Cowley County, Kansas. (Scott A. and Delisa L. Showalter)

Bill No. 1895 - 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 Section 21, Township 32 South, Range 4 East of the 6th P.M., City of Winfield, Cowley County, Kansas. (A. William Jr. and Elin A. Bloedel)

Bill No. 1896 - 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 Section 21, Township 32 South, Range 4 East of the 6th P.M., City of Winfield, Cowley County, Kansas. (Daniel J. and Jenny Bader)

Bill No. 1897 - 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 in the East Half of Section 10, Township 33 South, Range 4 East of the 6th P.M., Cowley County, Kansas. (Michael E. Reynolds)

Page 2: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

Bill No. 1898 - 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 the East Half of Section 10, Township 33 South, Range 4 East of the 6th P.M., Cowley County, Kansas. (Doris Reynolds Living Trust)

OTHER BUSINESS -Consider Ambulance quotes -Executive Session to discuss non-elected personnel ADJOURNMENT -Next Commission work session 4:00 Thursday, October 11, 2018. -Next regular meeting 5:30 p.m. Monday, October 15, 2018.

Page 3: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

CITY COMMISSION MEETING MINUTES Winfield, Kansas

September 17, 2018 The Board of City Commissioners met in regular session, Monday, September 17, 2018 at 5:30 p.m. in the City Commission-Community Council Meeting Room, City Hall; Mayor Gregory N. Thompson presiding. Commissioners Ronald E. Hutto and Phillip R. Jarvis were also present. Also in attendance were Jeremy Willmoth, City Manager; Brenda Peters, City Clerk and William E. Muret, City Attorney. Other staff members present were Patrick Steward, Director of Public Improvements; Gus Collins, Director of Utilities; Gary Mangus, Assistant to the City Manager; Robbie DeLong, Acting Police Chief; and Jerred Schmidt, Director of Information Systems. City Clerk Peters called roll. Commissioner Jarvis moved that the minutes of the September 5, 2018 and September 13, 2018 meetings be approved. Commissioner Hutto seconded the motion. With all Commissioners voting aye, motion carried. STAFF PRESENTATIONS AND PROMOTIONS -Oath of Office -Police Officers City Clerk Peters gave the Oath of Office to the following Police Officers Aniya McGowan Drew Popplewell Andrew Palm Stephen Linarez Acting Police Chief DeLong pinned badges on uniforms of the new officers -Police Department Promotions Acting Police Chief Delong introduced Daniel Porter, who has been promoted to Master Patrolman; Katasha Coupe, who has been promoted to Sergeant; and Eric Jarvis, who has been promoted to Lieutenant. Director of Utilities Collins introduced Danielle Fullhart, who has been promoted to Administrative Assistant; recognized Wastewater Treatment Plant employee Jeff Graham for receiving a 25 year service award at the 2018 KDHE Environmental Conference; and recognized Water Treatment Plant Superintendent Dan Defore for receiving the George Warren Fuller award during the 2018 KDHE Environmental Conference. PROCLAMATION Mayor Thompson presented a proclamation proclaiming September 24-29, 2018 as Fall Beautification week to Refuse Superintendent Mugler.

Page 4: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

BUSINESS FROM THE FLOOR NEW BUSINESS

Bill No. 1883 – An Ordinance – Authorizing and Providing for the issuance of General Obligation Bonds, Series 2018-A, of the City of Winfield, Kansas; providing for the levy and collection of an annual tax for the purpose of paying the principal of and interest on said bonds as they become due; authorizing certain other documents and actions in connection therewith; and making certain covenants with respect thereto. City Clerk Peters introduced David Arteberry, representing George K. Baum & Company, to explain Bill No. 1883, Bill No. 1884 and Bill No. 1885 which pertain to the bond and note sale that the City held earlier in the day for financing of certain projects Arteberry explained that a public notice of the sale was published on August 30, 2018 for bids to be submitted on September 17, 2018 by 10:00 a.m. for the temp notes and by 11:00 am for the bonds. Arteberry further explains that General Obligation Notes (Series 2018-1) were sold to Commerce Bank for an amount of $2.185 million at a rate of 2.288824% for a term of one year; and General Obligation Bonds were sold to The Baker Group for $4,750 million at a rate of 3.418636% for a term of twenty years. Arteberry then explains that Bill No. 1883 approves the issuance of General Obligation Bonds Series 2018-A: Bill No. 1884 approves the sale and delivery of the same bonds; Bill No. 1885 authorizes the issuance, sale, and delivery of Temporary Notes Series 2018-A. Upon motion by Commissioner Hutto, seconded by Commissioner Jarvis all Commissioners voting aye, Bill No. 1883 was adopted and numbered Ordinance No. 4097. Bill No. 1884 – A Resolution – Prescribing the form and details of and authorizing and directing the sale and delivery of General Obligation Bonds, Series 2018-A, of the City of Winfield, Kansas, previously authorized by Ordinance No. 4097 of the Issuer; making certain covenants and agreements to provide for the payment and security thereof; and authorizing certain other documents and actions connected therewith. Upon motion by Commissioner Jarvis, seconded by Commissioner Hutto all Commissioners voting aye, Bill No. 1884 was adopted and numbered Resolution No. 6818. Bill No. 1885 – A Resolution – Authorizing and directing the issuance, sale, and delivery of General Obligation Temporary Notes, Series 2018-1, of the City of Winfield, Kansas; providing for the levy and collection of an annual tax, if necessary, for the purpose of paying the principal of and interest on said notes as they becomes due; making certain covenants and agreements to provide for the payment and security thereof; and authorizing certain other documents and actions connected therewith. Upon motion by Commissioner Hutto, seconded by Commissioner Jarvis all Commissioners voting aye, Bill No. 1885 was adopted and numbered Resolution No. 6918. Bill No. 1886 – A Resolution – Determining the existence of certain nuisances in the City of Winfield, Kansas, and authorizing further action pursuant to the City Code of said City. Director of Public Improvements Steward explains that this resolution determines the existence of a nuisance at 520 E 10th Avenue. Steward explains that the City has hired a contractor to mow the property which revealed substantial clutter and trash. This action would allow the City to clean up the property if the owner fails to do so. Upon motion by Commissioner Hutto, seconded by Commissioner Jarvis all Commissioners voting aye, Bill No. 1886 was adopted and numbered Resolution No. 7018.

Page 5: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

Bill No. 1887 – A Resolution – Authorizing an Outdoor Community Event and Temporary Entertainment District Application. City Manager Willmoth explains that this is an application for authorization of an outdoor event by the Winfield Arts and Humanities for the annual Art In the Park event. Upon motion by Commissioner Jarvis, seconded by Commissioner Hutto all Commissioners voting aye, Bill No. 1887 was adopted and numbered Resolution No. 7118. Bill No. 1888 – 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 Section 21, Township 32 South, Range 4 East of the 6th P.M., City of Winfield, Cowley County, Kansas. Director of Utilities Collins explains that Bill No. 1888, Bill No. 1889, Bill No. 1890 and Bill No. 1891 all pertain to the same project. Collins explains that this project entails maintenance and replacement of electric poles per the advice of Osmose, which is a company that the City hired to evaluate the electric transmission system. All four of these easements allow for the completion of this portion of the project. This resolution is for 418 Bliss Street. Upon motion by Commissioner Hutto, seconded by Commissioner Jarvis all Commissioners voting aye, Bill No. 1888 was adopted and numbered Resolution No. 7218. Bill No. 1889 – 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 Section 21, Township 32 South, Range 4 East of the 6th P.M., City of Winfield, Cowley County, Kansas. This resolution is for 420 Bliss Street. Upon motion by Commissioner Jarvis, seconded by Commissioner Hutto all Commissioners voting aye, Bill No. 1889 was adopted and numbered Resolution No. 7318. Bill No. 1890 – 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 Section 21, Township 32 South, Range 4 East of the 6th P.M., City of Winfield, Cowley County, Kansas. This resolution is for 424 Bliss Street. Upon motion by Commissioner Hutto, seconded by Commissioner Jarvis all Commissioners voting aye, Bill No. 1890 was adopted and numbered Resolution No. 7418. Bill No. 1891 – 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 Section 21, Township 32 South, Range 4 East of the 6th P.M., City of Winfield, Cowley County, Kansas. This resolution is for 426 Bliss Street. Upon motion by Commissioner Jarvis, seconded by Commissioner Hutto all Commissioners voting aye, Bill No. 1891 was adopted and numbered Resolution No. 7518. OTHER BUSINESS

-Consider voting delegates for the League of Municipalities Annual Conference October 6-8, 2018 - Commissioner Hutto made a motion to appoint Jeremy Willmoth as voting delegate for the League of Municipalities Annual Conference October 6-8, 2018. Motion was seconded by Commissioner Jarvis. With all Commissioners voting aye, motion carried.

Page 6: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

-Consider a Drinking Establishment license application from Bryan M. Bell d/b/a Dusty Boot Saloon, 815 Main Street - City Clerk Peters presented a Drinking Establishment license application for Bryan M. Bell d/b/a Dusty Boot Saloon, 815 Main Street for Commission consideration. City Clerk Peters explained that the Fire Inspection would not be performed until after the building remodel was finished, and a blueprint of the building were received by the City. Commissioner Hutto made a motion to accept the Drinking Establishment License application for Dusty Boot Saloon, upon the receipt of and reviewing of the building footprint as well as a satisfactory inspection by the Fire Marshal. Motion was seconded by Commissioner Jarvis. With all Commissioners voting aye, motion carried. -Executive Session to discuss non-elected personnel - Commissioner Jarvis made a motion that the Commission move into executive session to discuss an individual employee’s performance pursuant to the non-elected personnel exception, K.S.A. 75-4319 (b)(1), and that the open meeting will reconvene in the Community Council Room at 6:20 p.m. Motion was seconded by Commissioner Hutto. With all Commissioners voting aye, motion carried. Regular Session resumed at 6:20 p.m. Commissioner Hutto made a motion that the Commission move into another executive session to discuss an individual employee’s performance pursuant to the non-elected personnel exception, K.S.A. 75-4319 (b)(1), and that the open meeting will reconvene in the Community Council Room at 6:30 p.m. Motion was seconded by Commissioner Jarvis. With all Commissioners voting aye, motion carried. Regular Session resumed at 6:30 p.m. ADJOURNMENT

Upon motion by Commissioner Hutto, seconded by Commissioner Jarvis, all Commissioners voting aye, the meeting adjourned at 6:31 p.m. Signed and sealed this 26th day of September 2018. Signed and approved this 1st day of October 2018. ___________________________________ ______________________________________ Brenda Peters, City Clerk Gregory N. Thompson, Mayor

Page 7: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

Request for Commission Action

Date: 9/24/18 Requestor: Patrick Steward, Director of Public Improvements Action Requested: Consider a text amendment to the zoning regulations as it pertains to drinking establishments and microbreweries in the Central Business District. Analysis: Case PC2018-04: This case considers making changes to the current zoning regulations as they pertain to drinking establishments and microbreweries. The planning commission held a public hearing and recommended that the following amendments be approved:

Adding Microbrewery and Microdistillery to the allowable use table in Chapter 9. Their recommendation is to add it as a permitted use within the General Business District and as a Conditional Use within the Central Business District. Amending the table to change “Drinking Establishments” from a permitted use to a conditional use within the Central Business District but to remove the requirement of footnote (6) for this zoning classification. Amending footnote (6) to change the distance from “300 ft” to “200 ft” to match the current state statute and to remove residential districts as one of the areas that required distance provisions.

Fiscal Impact: None Attachments: Ordinance

Page 8: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

(Published in The Cowley Courier Traveler, Friday, October 5, 2018) BILL NO. 1892 ORDINANCE NO. 4098

AN ORDINANCE AMENDING Article 9 of the Zoning Regulations of the City of Winfield, Kansas, by

amending language within this article and by the addition of certain allowable commercial uses.

_______________

WHEREAS, the Winfield City Planning Commission conducted a public hearing on September 10, 2018, at the time and location as set forth in a public notice published in the Cowley Courier Traveler to consider an amendments to Article 9 of the Zoning Regulations as it pertains to Drinking Establishments and Micro-breweries, and, WHEREAS, after due and proper consideration, the Planning Commission passed a motion recommending approval of said amendments; and, WHEREAS, the Governing Body of the City of Winfield, Kansas, considers said amendments to be necessary and appropriate; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WINFIELD, KANSAS, THAT: Section 1. Article 9, Table 9-1 of the Zoning Regulations of the City of Winfield is revised by the following amendments :

A use in the table noted as item number fifty-three for: "Microbrewery, Microdistillery" shall be added. Said use shall be denoted as a permitted use in C-3, General Commercial Districts and as a conditional use within the C-4, Central Business District. Use forty-eight of Table 9-1 for “Taverns, Bars, and drinking establishments” shall be amended by changed the use within the C-4, Central Business District to “C” Conditional and by removing footnote (6) from this district. Footnote (6) of Table 9-1 shall be amended to read: Provided that no such business which receives 30% or more of its annual gross

revenue from the sale of alcoholic liquor shall be located within 200 feet of a church, public or parochial school, college, library or hospital.

Section 2. All provisions of said Article 9, Table 9-1 of the Zoning Regulations of the City of Winfield, Kansas shall remain in full force and effect except as they are in conflict or inconsistent herewith.

Page 9: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

Section 3. This Ordinance shall be in full force and effect from and after its passage and publication in the official city newspaper. ADOPTED this 1st day of October, 2018. (SEAL) ____________________________________ Gregory N. Thompson, Mayor ATTEST: ____________________________________ Brenda Peters, City Clerk Approved as to form: ____________________________________ William E. Muret, City Attorney Approved for Commission action: ____________________________________ Jeremy Willmoth, City Manager/ps

Page 10: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

Request for Commission Action

Date: September 27, 2018 Requestor: John Adams, Code Enforcement Inspector Action Requested: Seeking approval of 1 nuisance resolution ordering the removal and abatement of a trash nuisance at 802 E. 16th Ave. Analysis: Several areas on the property contain small piles of discarded trash and rubbish, a large limb pile in the backyard off Howland St. and a stack of wooden pallets in the driveway viewable from the public way. Overgrowth of sapling trees and brush prohibit the view of the house and backyard from the public way and it is unknown as to what other trash will need to be removed from the property until the resolution has been approved and the area thoroughly inspected. Letters sent to the owner regarding upkeep of the yard and addressing the trash have been ignored to date. The lawn is now being mowed by contractor. Fiscal Impact: Unknown fiscal impact as of now. Will hire Moore Cut to complete the clean up as the company has been maintaining the yard this summer. Per neighbors, the owner has or is in the process of moving to another city and stated that she would pay whatever bills were presented to her from the city. Past specials affixed to property taxes have been paid by the owner. Attachments: Nuisance Resolution – 802 E. 16th Ave.

Page 11: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

BILL NO. 1893 RESOLUTION NO. 7618

A RESOLUTION DETERMINING the existence of certain nuisances in the City of Winfield, Kansas,

and authorizing further action pursuant to the City Code of said City. ___________ WHEREAS, under the provisions of Section 54-3 and 70-2 of the Winfield City Code, Winfield, Kansas, adopted pursuant to K.S.A. 12-1617e, the Governing Body has the power to remove or abate from any lot or parcel of ground within the City any nuisance thereon, upon a finding and determination thereof by said Governing Body; and, WHEREAS, the City’s inspector, on or about the 9th day of September, 2018 and on prior and subsequent times, inspected the premises described below and observed the following conditions as set forth below; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WINFIELD, KANSAS, THAT: Section 1. The conditions hereinafter described are hereby found to be nuisances, and determined to be a menace and dangerous to the health of the inhabitants of the city or of any neighborhood, family or resident of the city, to wit: (1) Owner: GOEKE, SABINE 802 E 16TH WINFIELD, KS. 67156 Occupant: VACANT

Property Address: 802 E 16TH

Legal Description: Beginning at a point 190 feet West of the Southeast corner of Block 275, Loomis Second Addition to the City of Winfield, Cowley County, Kansas; thence North on a line parallel with the West line of said Block to Right of Way of Denver, Memphis and Atlantic Railway; thence Northwesterly along the North line of said Block to the Northwest corner thereof; thence South on the West line of said Block to the Southwest corner thereof; thence East to place of beginning and being a tract of land from off the West side of said Block 275, 144.3 feet wide, EXCEPT therefrom a tract described as follows: A tract or parcel of land 14 feet wide beginning at the East end of the alley running through Block 255, Loomis Second Addition to the City of Winfield, containing 1820 square feet as per warranty deed given by Isaac J. Glass and wife to the City of Winfield, dated February 9, 1944, and recorded in Book 111, Page 172 in the office of the Register of Deeds, Cowley County, Kansas, except the tract conveyed to the City of Winfield, which deed is

Page 12: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

recorded in Book 146 of Deeds, Page 309, described as follows: Beginning at a point on the South right of way line of Denver Memphis and Atlantic Railway 14 feet East of the East Line of Block 255 in Loomis Second Addition to the City of Winfield; thence South 20 feet to a point; thence East parallel to the South line of Block 275 to an intersection with the South right of way line; thence Northwesterly along South right of way line; thence Northwesterly along South right of way line to point of beginning, being a tract in the Northwest corner of Block 275, Loomis Second Addition to the City of Winfield, Cowley County, Kansas.

Nature of Nuisance: A nuisance consisting of miscellaneous trash, and junk throughout

property, stack of wooden pallets in driveway.

Disposition of Items: Property items determined by the City to be of value will be impounded and stored at the City impound lot. Such items may be retrieved after appropriate impound fees and other incurred expenses have been paid by the owners.

Section 2. The Clerk of the City of Winfield, Kansas is hereby authorized to issue notice for the removal and abatement of said nuisances and take any remedial action as authorized under Section 54-2 of the Winfield City Code, Winfield, Kansas. Section 3. This resolution shall be in full force and effect from and after its passage and approval. ADOPTED this 1st day of October, 2018. (SEAL) ____________________________________ Gregory N. Thompson, Mayor ATTEST: ____________________________________ Brenda Peters, City Clerk Approved as to form: ____________________________________ William E. Muret, City Attorney Approved for Commission action: ____________________________________ Jeremy Willmoth, City Manager/jha

Page 13: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

BILL NO. 1894 RESOLUTION NO. 7718

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 Section 21, 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 Scott Showalter and Delisa Showalter, owners in Cowley County, Kansas, Gregory N. Thompson, Mayor, 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:

Five feet either side of the utility lines as constructed across a tract of land described as beginning at a point 1600 and 4/13 feet East and 11 ½ feet North of the Southwest corner of the Southeast Quarter of Section 21, Township 32 South, Range 4 East of the 6th P.M. Cowley County, Kansas; thence running North 118 feet for point of beginning; thence North 31 feet; thence East 90 feet; thence South 31 feet; thence West 90 feet to place 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.

Page 14: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

ADOPTED this 1st day of October, 2018. (SEAL) ____________________________________

Gregory N. Thompson, Mayor ATTEST: ____________________________________ Brenda Peters, City Clerk Approved as to form: ____________________________________

William E. Muret, City Attorney Approved for Commission action: ____________________________________

Jeremy Willmoth, City Manager /ps

Page 15: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October
Page 16: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

BILL NO. 1895 RESOLUTION NO. 7818

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 Section 21, 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 William Bloedel and Elin Bloedel, owners in Cowley County, Kansas, Gregory N. Thompson, Mayor, 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:

Five feet either side of the utility lines as constructed across a tract of land described as beginning at a point 1839 8/13 feet East and 151 ½ feet North of the Southwest corner of the Southeast Quarter of Section 21, Township 32 South, Range 4 East of the 6th P.M.in Cowley County, Kansas; thence North 120 feet; thence West 80 feet; thence South 120 feet; thence East 80 feet to the place 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.

Page 17: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

ADOPTED this 1st day of October, 2018. (SEAL)

____________________________________ Gregory N. Thompson, Mayor ATTEST: ____________________________________ Brenda Peters, City Clerk Approved as to form: ____________________________________

William E. Muret, City Attorney Approved for Commission action: ____________________________________

Jeremy Willmoth, City Manager /ps

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BILL NO. 1896 RESOLUTION NO. 7918

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 Section 21, 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 Daniel Bader and Jenni Bader, owners in Cowley County, Kansas, Gregory N. Thompson, Mayor, 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:

The East 10 feet of a tract of land described as beginning at a point 1600 and 4/13 feet East and 11 ½ feet North of the Southwest corner of the Southeast Quarter of Section 21, Township 32 South, Range 4 East of the 6th P.M., in the City of Winfield, Cowley County, Kansas; thence running North 39 feet; thence running east 96 feet; thence running South 39 feet; thence running West 96 feet to the place 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.

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ADOPTED this 1st day of October 2018. (SEAL)

____________________________________ Gregory N. Thompson, Mayor ATTEST: ____________________________________ Brenda Peters, City Clerk Approved as to form: ____________________________________

William E. Muret, City Attorney Approved for Commission action: ____________________________________

Jeremy Willmoth, City Manager /ps

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BILL NO. 1897 RESOLUTION NO. 8018

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 the East Half of Section 10, Township 33 South, Range 4 East of the 6th P.M., 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 Michael Reynolds, owner in Cowley County, Kansas, Gregory N. Thompson, Mayor, 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:

Ten feet either side of the utility lines as constructed across a tract of land described as commencing at the Southwest corner of said East Half ; thence north 00deg 11 min. 22 sec. East (assumed), along the West line of said East Half, a distance of 2070.00 feet to a 1/2” rebar-cap#1323 being the point of beginning of the herein described tract; thence continuing North 00 deg. 11 min. 22 sec. East, along the West line of said Southeast Quarter, a distance of 120.00 feet to a 1/2” rebar-cap#1323; thence North 84 deg. 59 min. 38 sec. East, a distance of 490.00 feet to a 1/2" rebar-cap#1323; thence North 19 deg. 48 min. 30 sec. East, a distance of 614.0 feet, more or less, to the centerline of the Walnut River, thence Southeasterly along the centerline of the Walnut River, a distance of 721.0 feet, more or less, to a point; thence South 36 deg. 50 min. 17 sec. West, a distance of 493.0 feet, more or less to a 1/2" rebar-cap#1323; thence North 87 deg. 42 min. 25 sec. West, a distance of 1010.0 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.

Page 25: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

Section 3. This resolution shall be in full force and effect from and after its adoption. ADOPTED this 1st day of October 2018. (SEAL)

____________________________________ Gregory N. Thompson, Mayor ATTEST: ____________________________________ Brenda Peters, City Clerk Approved as to form: ____________________________________

William E. Muret, City Attorney Approved for Commission action: ____________________________________

Jeremy Willmoth, City Manager /ps

Page 26: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October
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BILL NO. 1898 RESOLUTION NO. 8118

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 the Southeast Quarter of Section 10, Township 33 South, Range 4 East of the 6th P.M., 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 Doris Reynolds Living Trust and Michael Reynolds Trustee, owners, in Cowley County, Kansas, Gregory N. Thompson, Mayor, 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:

Ten feet either side of the utility lines as constructed across a tract of land described as the Southeast Quarter of Section 10, Township 33 South, Range 4 East, except 40 acres out of the East half of said Southeast Quarter described as follows: Commencing at Southeast corner of said Southeast Quarter thence North 112 rods; thence West 56.9 rods; thence South to South line of said quarter section, thence East to place of beginning, also except that part of said Southeast Quarter lying North of middle of Walnut River, also a tract beginning at Southwest corner of Northeast Quarter of section 10-33-4 and running thence North 21 rods; thence a little North of East to a cluster of elm trees close to Walnut River 1 ½ rods North of deep ravine; thence East to center of Walnut River thence down the center of said Walnut River to South line of said quarter section, thence West to place 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.

Page 29: AGENDA - Winfield · 10/1/2018  · Mayor Gregory N. Thompson Commissioner Ronald E. Hutto Commissioner Phillip R. Jarvis CITY COMMISSION MEETING Winfield, Kansas DATE: Monday, October

Section 3. This resolution shall be in full force and effect from and after its adoption. ADOPTED this 1st day of October 2018. (SEAL)

____________________________________ Gregory N. Thompson, Mayor ATTEST: ____________________________________ Brenda Peters, City Clerk

Approved as to form: ____________________________________

William E. Muret, City Attorney Approved for Commission action: ____________________________________

Jeremy Willmoth, City Manager /ps

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