minutes ofthe independence city commission's december 17

Minutes of the Independence City Commission' s December 17, 2015 Meeting.

The Independence City Commission met on December 17, 20 IS at S: 30pm in theUpstairs Lobby of Memorial Hall. Mayor Leonhard Caflisch, Commissioner FredMeier, and Commissioner Gary Hogsett were present. Others present included:

City StaffMicky Webb, City ManagerKelly Passauer, Assistant City Manager/ Zoning AdministratorJen Rutledge, Director of Finance/ City ClerkJeff Chubb, City AttorneyDave Cowan, Public Safety DirectorJim Engman, Building InspectorRusty Baker, Fire ChiefApril Nutt, Housing Director

Visitors

Steve McBride Greg KelleyCharlotte Caflisch Lori Wesselowski

Jerry Bright Paul Viets

Chris Mitchell Jay CoffeyErnestine Farris Dixie CoffeySteve Wilkin David Martinez

Amande Melle Carlanda Martinez

Marie Melle Dennis Greenhaw

Jason Wickline Pat Greenhaw

Chuck Goad Dave Bannworth

Jim Hogan Keith Copithke

John Vermillion Pat PomeryJoyce Reust Rick Whitson

Joan Yates Doug HaymakerCraig Bassford Corey StandridgeBette Bassford Chuck Schmidt

Dean Hayse Charles Barker, Sr.

Larry Hoover Lisa Wilson

Joanne Smith Jessie Wilson

Mary Rinck John Risner

Kim Kays Mary SchmidtKim Day Steve Fuller

Cora Sanford Andy TaylorWanda Mayo Debbie Miller

Lori Kelley

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Adoption of the Agenda

Motion:

On the motion of Commissioner Meier, seconded by CommissionerHogsett, the commission adopted the agenda as presented.

Aye: Caflisch, Meier, Hogsett

Nay: None

Appointments- Applications Due 12/ 18/ 2015

Planning Commission/ Board of Zoning Appeals - 3 terms expire 01/ 01/ 2016

IHPRC - 2 terms expire 01/ 01/ 2016

Downtown Art and Culture Advisory Board - 3 terms expire 01/ 01/ 2016

Cereal Malt Beverage Licenses ( Requires a vote)

Western Plains Operations dba Jump Start- Charles Fink, President

Mikies C- Store - William & Joella Parham, President& Secretary

Gary C Grewell - Jiffy Mart

Walgreen Co. -- Thomas Peschka, Resident Agent

Shanghai Garden -- Cam Linh Do, Owner

Matthew R Kent- Gramps Tavern

Pizza Hut of Southeast Kansas - Larry J Fugate, President

Wal- Mart Stores, Inc- The Corporation Co, Inc, Resident Agent

AKAS, Inc dba Jumpstart# 2 - Tanveer Sukera, Resident Agent

Halfpints - Tammy Grimes, Owner

Motion:

On the motion of Commissioner Hogsett, seconded by CommissionerMeier, the Commission approved the Cereal Malt Beverage Licenses as

presented.


Nay: None

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City Licenses

W& W Backhoe& Trenching, LLC - Mound Valley, KS - Allen Winters, Owner

Citizens Concerns and Petitions

Adoption of the Consent Agenda

a. Consider approving the minutes of the December 7 and 10, 2015 Commissionmeetings [ CITIZENS].

Motion:

On the motion of Commissioner Meier, seconded by CommissionerHogsett, the commission approved the minutes of the December 7 and

10, 2015 Commission meetings.


Nay: None

b. Consider an ordinance assessing a special assessment on 204 S. EarlCITIZENS].

Attached is a resolution assessing the costs incurred relating to thecondemnation of 204 S. Earl. City staff recommends adopting the ordinance.

Motion:

On the motion of Commissioner Meier, seconded by CommissionerHogsett, the commission adopted Ordinance 4211 assessing a specialassessment on 204 S. Earl.


Nay: None

c. Consider authorizing the City Manager to sign a T- Hangar Lease with TheAllen Groupe, LLC [ CITIZENS].

Attached is a lease for a T- Hangar at the airport. The City Attorney hasreviewed the lease agreement. City staff recommends authorizing the CityManager to sign the attached lease.

Motion:

On the motion of Commissioner Meier, seconded by CommissionerHogsett, the commission authorized the City Manager to sign a T-Hangar Lease with the Allen Groupe, LLC.

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Nay: None

d. Consider awarding chemical bids for the water treatment plant [CITIZENS].

The attached bids were received on December 10, 2015 for chemical bids for

the 2016 calendar year. The Utilities Director is recommending accepting thelow bid for each chemical which includes authorizing signing any related

documentation regarding this action.

Motion:

On the motion of Commissioner Meier, seconded by CommissionerHogsett, the commission authorized the Utilities Director to accept the

low bid for each chemical which includes authorizing signing anyrelated documentation regarding this action.


Nay: None

Public Hearing

e. Public hearing to consider condemnation of 812 W. Cottonwood [ CITIZENS].This hearing was adjourned from the November 19, 2015 Commissionmeeting. City staff recommends proceeding_with condemnation andproviding the owner 30 days to commence repair or removal.

The Mayor opened the public hearing.The Building Inspector addressed the condition of the property.Norman Blumer, owner addressed the Commission regarding his plansto improve the property.After no comments from the public, the Mayor closed the Public

Hearing.

Motion:

On the motion of Commissioner Meier, seconded by CommissionerHogsett, the commission adopted resolution 2015- 063 to condemn 812W Cottonwood and allow the owner 30 days to commence repair and

provide a time line to the building inspector.


Nay: None

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Items for Commission Action

f. Consider any necessary action concerning healthcare in the City ofIndependence [ CITIZENS].

This item is to continue discussions and any necessary action regardinghealthcare.

Commissioner Gary Hogsett addressed the concerns that he is voting witha conflict of interest because of his wife's employment with Mercy.Commissioner Hogsett told the Commission that he has consulted with

the City Attorney before voting to determine if he does, in fact, have aconflict of interest. City Attorney Jeff Chubb explained to the Commissionthat based on an opinion from the State of Kansas Attorney General' soffice, Commissioner Hogsett is able to vote on the donation of propertyfrom Mercy Hospital.

Citizens Comments:

1. Ernestine Farris - Ms. Farris addressed her concerns that there is so

much confidentiality that there is a lot the citizen' s don' t understand.She believes that Mercy' s requirements are ridiculous and that the Cityhas 3 options. 1.) Choose the Labette option with an ER and spend

3, 000,000.00 2.) Accept the donation of the hospital from Mercy 3.)Invest in our own future and build our own emergency facility. Citizensmust plan to use it to be able to keep it open. She is disappointed that itseems Micky Webb wants to take over the hospital when we needmedical services more.

2. John Vermillion - Mr. Vermillion is concerned that we are talkingabout squandering a lot of$. The building we are looking at was builtby a hospital to be a hospital. We don' t need another City Hall. It is theCommission' s job to protect the people' s money. The $ 3 million in

bonds proposed for an ER is squandering money, too. We have abuilding already. It is not fair to ask for citizens to pay for more bondedindebtedness, do it by a vote. This has not been negotiated properlywith Mercy- they are supposed to help those who need it. Mr.Vermillion has read Steve McBride' s article. He believes we have to be

thrifty and we are already over taxed.

3. Lori Kelley- Ms. Kelley thanked the Commissioners and City Staff fortheir time on these issues, and admitted there is no perfect answer. In

her opinion, St. John' s is the preferable choice, so let' s sign the contracts

before the parties walk away. This situation can not drag on. A quickmerger is preferable for employees, while uncertainty creates stress.We have lost healthcare providers and residents are leaving. Making nodecision affects businesses every day. The Community already supportsJane Phillips and St. John' s. They go to see specialists in Bartlesville.Let' s allow them to expand in Independence.

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4. Charles Barker, Sr. - Mr. Barker commented that it is hard to fathom

that we are at this point. He thought someone would come in to rescue

us by now. It is hard to work out the details. He works with theindigent and they don' t have the means to drive 30 miles, but we cankeep the facility right across the street. Mercy will donate the imagingequipment worth millions of dollars right across the street from the

clinic. This would benefit people who have lost so much already. Manywant this arrangement. Allow us to receive the building. Mr. Barkerrespectfully requested that the Commission consider his comments.

S. Dean Hayse - Mr. Hayse said that Mercy Hospital would like to giftproperty and a building to the City of Independence. His understandingis that the City would receive over 70,000 square feet of space, plus anenergy plant, valued at over$ 10 million. Add in the $500,000 cash anda lease to support imaging and a lab in Independence for 5 years at

100,000. That' s $ 11 million to the City of Independence. If we do notaccept we get no building, just a vacant lot. There is potential for thatbuilding that has not fully been explored. He was disappointed whenthe Dillons building was left empty, but now that is the site of anotherlocal business. What if we had torn that building down? The Kmart

building as well, has now been repurposed. Building D has the samepromise. Accept the gift and preserve the potential. Regarding thelease, don' t let those imaging services leave Independence. Thoseservices are good for the primary care in town. Please accept this $11

million gift.

Before Commission discussion, the Mayor clarified what can be discussed

in the open meeting because of the confidentiality agreement signed bythe City and Mercy.

Commissioner Hogsett expressed that the initial vote to negotiate a

definitive agreement to accept the property from Mercy was a 2- 1 votewith Mayor Caflisch voting against the motion. He asked the Mayor if hewould explain his position.

Commissioner Meier stated that he has had many citizens call him andask him to keep the imaging services in Independence.

Mayor Caflisch discussed his concerns about accepting the donation ofthe property:

The City would receive 84,000 square feet to maintainincluding the 10,000 square feet of leased space. This is morespace than we need and would become a burden to the City. Wewill now need a maintenance crew. Operations will be

expensive.

The initial cost presented was $6- 6.5 million for the renovation,

which overnight dropped to $4.5 million.

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The Mayor has not yet seen a feasibility study on the facility.

The first responders will be at risk going downstairs in the newfacility because their quarters will be on the 2nd floor.

For the PD, booking is in the basement while PD is on thesecond floor. What if they need help?

The City is not in the lease business. We could spend $500,000

to build a facility to maintain the imaging.

We have a quarter cent tax for maintenance on buildings and

our issues should have been addressed then, but they haven't.

It is a generous offer, but realistically not feasible.

The Mayor discussed the debt limit of the City and the decliningpopulation.

Where is the feasibility study? There is a program that can

determine how much space the City actually needs.

The Mayor claimed that the assessed valuation of the Citydeclined from the previous year.

The City Clerk addressed the Mayor to correct the statement that theassessed valuation of the City declined. She stated that the previousyear's final assessed valuation was $47,676,314 and although she did not

have the numbers with her, the current year's final assessed valuation

presented at the December 10th meeting was over $48,000,000.00.

Motion:

On the motion of Commissioner Hogsett, seconded by CommissionerMeier, the commission accepted the gift from Mercy of real estate asdescribed on the sketch provided.

Aye: Meier, Hogsett

Nay: Caflisch

The City Manager introduced the Letter of Intent between St. John' s andthe City to lease space in the donated property. Discussion aboutwhether the letter would be considered followed. The City Attorneyadvised that although the letter was just distributed before the meeting,St. John' s would like a vote on the LOI.

Mayor Caflisch expressed a concern at the wording of the LOI. The CityAttorney advised that he would be happy to discuss the issue in executivesession.

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Executive Session

Motion:

On the motion of Commissioner Meier, seconded by CommissionerHogsett, the commission called a 5 minute Executive Session accordingto Kansas Statute 75-4319 (b) ( 2) for the purpose of consultation with

an attorney for the body or agency which would be deemed privilegedin the attorney-client relationship to end at 7: 15pm. The ExecutiveSession included Mayor Caflisch, Commissioner Meier, Commissioner

Hogsett, Micky Webb, Kelly Passauer, Jeff Chubb.

Aye: Caflisch, Hogsett, Meier

Nay: None

The Mayor called the meeting to order at 7: 15.

Motion:

On the motion of Commissioner Hogsett, seconded by CommissionerMeier, the commission approved the Letter of Intent with St. John' s

Health Systems dated December 17, 2015.

Aye: Meier, Hogsett

Nay: Caflisch

g. Consider bids received for demolition of condemned structures

CITIZENS/ QUALITY OF LIFE SYSTEM].

Bids were received on December 10th for demolition of the condemned

structure( s) as follows:

Location JRB B & D G & G Dozer

300 S 14th 3, 300.00 9, 278.00 6, 500.00

317 N 18th 3, 000.00 6, 580.00 3, 600.00

205 N 24th 2, 700.00 6, 580.00 3, 950.00

608 N 10th ( garage only) 900.00 6,800.00 2, 200. 00

525 S 15th 2, 500.00 6,590.00 3, 500. 00

Total 12,400.00 35,828.00 19,750.00

City staff recommends accepting the low bid for each location to JRB andauthorize signing any related documentation relating to awarding these lowbids.

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Citizen Jason Wickline addressed the Commission regarding 300 S 141h.He would like the Commission to reject the bid on 300 S 14th, so that he

can repair the home for his mother-in-law.

Motion:

On the motion of Commissioner Hogsett, seconded by Mayor Caflisch,the commission removed 300 S 14th from the demolition list to be

awarded.

Aye: Meier, Hogsett, Caflisch

Nay: None

Motion:

On the motion of Commissioner Meier, seconded by CommissionerHogsett, the commission awarded the low bid for each location to JRB in

the amount of$ 9, 100.00 and authorized the signing of any relateddocumentation.


Nay: None

h. Consider reviewing condition of the following structures previouslycondemned as dangerous and unsafe and any possible related action:

1. 204 S. Earl

2. 308 N. 5th

3. 821 E. Maple

4. 825 E. Maple

S. 921 E. Hill

6. 1013 E. Hill

Attached are responses from the City Building Inspector regarding the currentstatus of the above properties. Staff has summarized the status and anyrecommendations below:

1. 204 S. Earl - This property was condemned June 4, 2014 and provided30 days to commence repair or removal. This property has passed anHQS inspection. City staff recommendation is to adopt the attachedresolution rescinding condemnation action.

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Motion:

On the motion of Commissioner Meier, seconded byCommissioner Hogsett, the commission adopted resolution

2015- 065 rescinding condemnation action on 204 S. Earl.


Nay: None

2. 308 N. 5t" - This property was condemned June 15, 2006 and provided15 days to commence repair or removal. The property owner hasappeared earlier this year and indicated that they wanted torehabilitate this home. However, the property owner has informed theBuilding Inspector that they are not going to repair this home andwould like to demolish this structure. City staff recommends

authorizing the property owner 30 days to remove items and obtain ademolition permit. The demolition permit will require the propertyowner to remove the property within 30 days of issuance.

Motion:

On the motion of Commissioner Meier, seconded byCommissioner Hogsett, the commission authorized the propertyowner 30 days to remove items and obtain a demolition permit.


Nay: None

3. 821 E. Maple - This property was condemned February 14, 2013 andprovided 15 days to commence repair or removal. Some work has

occurred, however, it is not completed. City staff recommendsreviewing the status in 30 days.

This property will be reviewed in 30 days.

4. 825 E. Maple - This property was condemned September 27, 2012 andprovided 15 days to commence repair or removal. No repairs have

occurred since the last review on April 7, 2014. City staff recommendsauthorizing staff to set the date to receive bids for removal.

Motion:

On the motion of Commissioner Meier, seconded byCommissioner Hogsett, the commission authorized staff to set

the date to receive bids for removal.

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Nay: None

5. 921 E. Hill - This property was condemned June 4, 2014 and provided30 days to commence repair or removal Some work has occurred on

this property, however, it is not complete. City staff recommendsreviewing the status in 90 days.


6. 1013 E. Hill - This property was condemned June 4, 2014 and provided30 days to commence repair or removal, however, it doesn' t appear that

any work has occurred. This is the property that the owner previouslyindicated that he wished to turn into a garage. City staff recommendsproviding the owner 90 days to complete renovating this structure intoas garage.


Executive Session

Motion:

On the motion of Commissioner Meier, seconded by CommissionerHogsett, the commission called a 15 minute Executive Session accordingto Kansas Statute 75-4319 (b) ( 1) for the purpose of discussingpersonnel matters of non-elected personnel to end at 7: 33pm. The

Executive Session included Mayor Caflisch, Commissioner Meier, andCommissioner Hogsett.


Nay: None

The Mayor called the meeting to order at 7: 33pm.

Motion:

On the motion of Commissioner Meier, seconded by CommissionerHogsett, the commission called a 10 minute Executive Session accordingto Kansas Statute 7 5- 43 19 ( b) ( 1) for the purpose of discussingpersonnel matters of non-elected personnel to end at 7: 44pm. The

Executive Session included Mayor Caflisch, Commissioner Meier, andCommissioner Hogsett.

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Nay: None

The Mayor called the meeting back to order at 7: 44pm.

Adjournment

Motion:

On the motion of Commissioner Hogsett, seconded by CommissionerMeier, the commission adjourned the meeting.


Nay: None

Leonhard Cafli ch, yof

Gary ogsett, o missioner

cA'CI'Fred Meier, Commissioner

Attest:

eAee nif tance/City

ledge

ctor Clerk

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minutes ofthe independence city commission's december 17

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