CITYOFLOUISBURG, KANSAS MINUTES OF REGULAR MEETING  AUGUST5, 2024 Livestream link:  ntps/DOXCAsLIVAieMAewlousburg-cip-souneles24ohpirssédppy4y285  The Council of the CityofLouisburg, Kansas, met at 6:30 p.m. in regular session in the Council Members Steve Town, Scott Margrave, Tiffany Ellison, Clint Ernst, Kalee Stone  City Hall Council Chambers. Mayor Donna Cook presiding.  City Administrator Nathan Law City Clerk Jessica McGowin Finance Director Richard Mikesic Public Works Director Peter Yazbec Communications Coordinator Jean Carder Police ChiefJosh Weber Fire Chief Gerald Rittinghouse City Attorney Mary Stephenson  PLEDGE OFALLEGIANCE  Councilmember Kalee Stone led the pledge ofa allegiance.  ADOPT THE AGENDA adopt the agenda.  Councilmember Stone moved, seconded by Councimember Clint Ernst and carried 5-0, to  APPROVALOFTHE MINUTES  Councilmember Tiffany Ellison moved, seconded by Councimember Steve Town and carried 5-0, to approve the minutes of the regular meeting July 15, 2024, and the special  meeting July 19,2024. APPROVALOFTHE BILLS  Ernst moved and Ellison seconded to approve the bills. Ernst asked about the FLIP awards that were part of the bill list. Communications Coordinator Carder said the commercial property was for landscape and other improvements to that property while the residential properties were for driveway repairs and landscape around driveways. Ernst said the    awards aren't] limited to just homes but for property. Carder confirmed that was correct and is for repairs that can be seen. from the street. Councilmember Scott Margrave asked about the Sam's Club bill that was for concessions and lifeguard uniforms. Margrave asked ifall those charges were lumped under concessions and uniforms. Administrator Nathan Law said the payment is based off the funds for which the items are purchased, and staff summarizes those purchases for the bills list. Mayor Cook asked why we buy from Home Depot when there are local hardware stores. Public Works Director Peter Yazbec said handicap rails for parks bathrooms were recently purchased at Home Depot as those items weren'tavailable at the local stores. The motion carried 5-0 to approve the bills list.  SCHEDULED VISITORS:  Chamber of Commerce - Becky Bowes - Bowes said the Chamber's Cider Run special event application has been completed and provided to the City Clerk. She noted the race route will be the same as last year. There will be a fall festival downtown prior to the race. Cook asked about the alcohol resolution. Bowes said that will be brought back to a future meeting. Ernst asked if there were any issues last year. Police Chief Weber said there were not but encourages runners to watch crossing Metcalfat S. Fifth Street. Ellison moved, and Margrave seconded and carried 5-0, to approve the Cider Run special event application. Bowes noted the Chamber would be promoting Love, Kansas at the Broadmoor School  community fair Wednesday night.  Elliott Insurance Group = Brock Elliott - was not in attendançe.  PUBLIC COMMENTS  None  COUNCILCOMMISSION REPORTS  Councimember Stone - She noted most everyone attended the workshop with the Planning Commission the prior week. Cook asked Law to provide an update of that workshop for the record. Law said the groups talked about annexation ofisland properties within the city limits, as well as strategic utility extensions for future growth. Law anticipates the Planning and Development Director will help with this process once. hired. Stone asked about upcoming street work. Yazbec said it would start about Aug, 21. The asphalt contractor had to wait until the concrete contractor was: finished with the curb work. Councilmember Ernst - asked if there should be consideration to meet with other commissions/boards/committees in the future. Law said there is merit there with topics limited to a one-hour discussion. Perhaps that could be considered as an annual workshop.    He asked about the failing asphalt in front of Dollar General. He asked if that is a state repair could staffr reach out to KDOT about keeping an eye on it. He asked Law toj provide an update on the hiring process for the Community & Development Director position. Law said initial resumes were provided to the committee, asked the committee for feedback to include their top applicants and the desired numbero ofapplicants to bring in forinterviews. Ernst said he attended a recent Miami County E-Community meeting in his role with this day job. Ernst asked if there were opportunities for cities to participate in grants offered through E-Community. Law said it is something that staff can keep on hand to talk with Councilmember Ellison - said the sidewalk repairs seem tol be going well and is enjoying the fixes. She asked for an update ont the. Amly/guatcummeried pedestrian light. Law said he did not receive an update today but knows there is a materials delay for the poles and mast arm. Law and Chief Weber have reached out to KDOT about signage that could be installed until the project is complete to assist students crossing the highway to school. City staff has been in contact with school officials. Discussion occurred about crossing guards and extra patrols in the area. She also said the Louisburg Recreation Commission has hired a new director, Brad Sells. Cook asked if Ellison had an update on Finance, as that is her liaisonrole. Ellison said she did not since the group had a budget workshop prior Councilmember Scott Margrave = thanked the council, mayor and staff for giving him Councilmember Steve Town - Town reported that Historic Preservation Commission meets later this week. He asked about Paws at the Pool. Staffs said that would be advertised this week. He said Freedom Fest has moved to Oct. 5 after the Cider Run. He said the committee had worked with the Cider Run about potentially moving the Run to Lewis- Young Park but with such short notice that wouldn't be possible. He asked Carder to provide additional details. Carder. said the committee decided to reschedule to that date to piggyback on thel Run and most oft the ropopaniratons"endon are available to come back that date. The event is really supported by local churches and all that had planned to attend in July are available to come in October. The event would start at 5:30 and run to about 7:45'ish with fireworks about 8:15 since it's darker this time oft the year. Luke Hupp, a2 2014 LHS graduate who is in Nashville working on his country music career, will come home to provide entertainment. Ernst asked about marketing with the Cider Fest since that is the second weekend oft that event. Carder said she is unsure ifthat would be possible this year since we are off to a late start and the Cider Mill likely has their marketing materials complete. Carder said the committee will look at the event to see how well it works and if itr makes sense to move Freedom Fest to this weekend in the future. The Convention and Tourism Committee has also pledged its support and help with this event too as it may be  prospective businesses about.  to the start oft tonight's meeting.  grace as sometimes he runs late from work to city meetings.    more of a tourist event at this time of the year. Carder said iti is easier to market with the Chamber's event. Cook asked if the Convention and Tourism Committee was going to provide financial support to this event or the Chamber's Love; Kansas event. Carder said the CTC voted at its last meeting to provide financial support to Freedom Fest from the Louisburg Community Connections funds if the Council approves those funds coming to the CTC. Carder. said the initial ask to the CTC won't big as big of an ask as originally thought because additional funds have come in. Margrave thought having Hupp was a great call. Carder said the committee wanted to bring this before the Council before publicizing it. Bowes said she is able to email all Cider Run participants about the added event. She said when she talked with. Anna Sprague, the CTC chair, she thought that group might be interested in promoting the Love, Kansas campaign at the event. Ernst asked if there is more ofa a problem in October than. July to shoot off fireworks. Town said there isn'treally any difference. Ernst said there could be a cancellation but maybe for other reasons than  what we: might see in July. EVZA - ais DEPARTMENT REPORTS  FINANCE - Investment Bids - He said this is the first time that a late bid has been received. He recommended rejecting that bid since that bid was, late and had spoken previously to the bank about the deadline. The request went out to all five financial institutions in town. Bank Midwest did not respond, and Citizens State Bank was the late bid. Finance Director. Mikesic said this was the first time this bank participated so assume they, just missed that deadline. First National's bid was 3.5 percent; First Option's bid was 4.05 percent; and Landmark National was 4.2 percent with Landmark's being the best qualified offer. He said he uses as al benchmark the rate thati is available through the Kansas Municipal Investment Pool and their rate today was 3.94 percent for a two-year period. He recommends a two-year CD with Landmark National at 4.2 percent. Ernst noted these are lower rates than the last we: saw. Mikesic said they are. In December of2022 we were able to get 5.01 percent and have noted that rates are expected to start dropping incrementally. This bears that out. This is the lowest we've gotten for a CD since 2022. Ellison moved to approveatwo-year. investment with Landmark National Bank. Town seconded. Cooknoted Composition of Cash - The only change, Mikesic said, is what was just acted upon. This isa a quarterly report that shows where the City's money is locatéd. It is a snapshot in time as ofJune 30. It lists the type ofi investment, bank where it is held, interest rate and term if applicable and shows a bank and book balance. Cook asked about the Fox Hall account. Mikesic said the final account was closed about two weeks ago and is now located in the operating account just like: all other funds. Mikesic said this is an informational report. Cook asked if we ever considered moving our operating account to other banks. Mikesic said an RFP would bei issued when ai new finance system isi installed. Cook askedifitwould  that thei investment rate is 4.2 percent. Motion carried 5-0.    rotate among the banks every three years, for example. Mikesic said no, there is way too much in the background toi make that possible. A change like that would affect people who pay their utility bills through automatic withdraw to constantly change their information and would be really frustrating for the consumer. A change like that should happen PUBLIC WORKS - Facilities Coordinator - Yazbec reviewed the hiring steps for the new. Facilities Coordinator position. He said Daniel Summa has been conditionally offered the position. He is a recent Coast Guard retiree. Yazbec said there were more than 30 applicants with about seven really good applicants identified. Ernst said he thought Council approved thel hire before a conditional offer happened. Law said no, that there is always a conditional offer and the candidate knows it has to come before the Council for final approval. Ellison moved, seconded by Town, to hire Daniel Summa for the Facilities Coordinator position at pay grade that is recommended. Cook noted the pay grade is 4-5A and asked when the start datei is. Yazbec said tentatively Aug. 14. The motion was approved Amity Trail - Yazbec said he met with SMH and the Amity trail is moving along. They have a good path identified with about 50 percent plan completion with about 80 percent Louisburg Aquatic Center Staff met with Lamp Rynearson. The designers have provided ideas based on past citizens' comments and staff feedback. The working plan is to build up the zero-depth entry toi make it more shallow and add some features for toddlers and add ai rope swing for older kids in the deep end. He said they have discussed pipe and deck replacement. The anticipation is most oft the pipe should be in good shape. There is a leak issue, and the plan is to shut the pumps off after the pool closes and let the pool drain down to see ifv we can determine where the leak is at. The recommendation is to also bring in a leak detection company. This would mean cutting into the pool deck, installing valves and a pressure test to see where the leak is at. Stone asked ift the design ideas would come Concrete Work - Yazbec reported it is almost complete with just some backfilling left to Water Tower Repairs - Yazbec said there are some conflicts with antennas on the tower  periodically and a change in the financial system is a good time.  5-0.  in the next week or SO.  before Council. Law said they would.  do.  and he is working on a compromise to resolve that. Crack Seal bids - He noted those close. Aug. 14.  FIRE- ChiefGerald Rittinghouse said the interior painting oft the station is underway. Fire volunteers are working to install smoke detectors and battery replacement in the homes of    senior citizens. He said the Kansas Forestry Servicei is preparing for al busy wildfire season. The department has had several PR events. He told Council they will see an increase in expenditures for Fire as much ofthe preventative maintenance they are required to do has POLICE- ChiefWeber said: school will be starting soon and encouraged everyone to drive safely. He and Tate, the. therapy dog, will atténd the back-to-school fair at Broadmoor Elementary Wednesday night. He provided updates on the phone system, operational  almost doubled in cost.  planning and answered questions about the therapy dog.  ADMINISTRATION - no report CITYATTORNEY REPORT  City Attorney Stephenson said she talked with the Miami County Counselor who is still gathering information on Metcalf2.0 and will get back to her in a few weeks.  MAYOR'S REPORT  Mayor Cook asked if green initiatives could be included on stormwater projects. Law said that is the plan for future projects. She asked about the display case for Fox Hall. Carder replied the contractor was not interested in completing that project. Ellison asked what this was' for. Law said displaying items from Fox Hall, the downtown renovation or any other items. Stone suggested contacting the high school as a class might like to take that on.  ADMINISTRATOR'S REPORT  Pay Ordinance and Charter. Ordinance 1 Law said provided in the memo is the ordinance drafted by staff and a draft that City Attorney Stephenson crafted using other cities' ordinances. Stepheson said she did not use the Staff's draft but created a new ordinance based on her research of other cities' ordinances and tried to find ones that dealt with publication by ordinance of compensation of city officers and employees. She suggested adding a new section to 1-317 section to City Code. Stephenson also included information on Court personnel. She thought there might be a desire to add seasonal employees. There is also a section on bonus pay that Council would need to approve. Stephenson said she believes that our City Code differs on the ability of the City Administrator to decide on merit pay and recommended changes, SO it is not in conflict. She included overtime compensation approval by the City Administrator and added that Council would be notified. She said the entire ordinance does not need to be publicized. Cook called upon each councilmember for their thoughts. Stone and Ernst had, no comments. Ellison said we don't currently do this by ordinance but by resolution.    Stephenson said that is correct. Ellison said this is either to put this in by ordinance or exempt out ofthe State statute. Stephenson said thati is correct. Stephenson said the charter ordinance is such a blanket exemption iti is helpful for our Code tol have the same language as the statute. Ellison said the only thing that she sees that has shifted is to change allowing the City Administrator the ability to make those sorts of executive decisions to bringing those to the City Council for approval. Ellison asked Law to confirm we do that anyway. Law said yes. Stephenson said the reason we. have been doing that anyway is that is what is now in our Ordinance under 1-404-G that is what the City Administrator is supposed to do is recommend to the Governing Body these things. There is nothing in the duties outlined in our ordinances now that would give carte blanc authority to the City Administrator to make those types of decisions without the Governing Body's input. Ernst asked about the Charter Ordinance. Ifyou want the Charter Ordinance, then you don't Law said by using a resolution rather than ordinance there was nothing lacking in transparency it's still the same goal as the draft ordinance as provided that sets out the classifications of pay ranges. That has been done in the past, Law said. This is to change it to meet the statute, which is by regular ordinance and not by resolution. The charter ordinance ist to exempt out ofthose requirements ofK.S.A. 15-204, which would allow you Stepheson said the entire ordinance would noti need tol bej published in full in thei newspaper, but it could be a summary. Law noted that it would be published in full on the website. But ifiti is in the City Code Book, Law said, then it would have to be incorporated in full and then have to be similarly amended should classifications or pay ranges changed. Ellison said that is what she was wondering. Law said he had the same consideration that in the future instead of by resolution you would have to update the ordinance and update the Code Book. Ellison said that would require aj publication for each change. Law said there are other ordinances this would impact. What comes to mind is for terms within the City Handbook and is something that needs to be understood. Cook asked Margrave if he had any comments. He said no. Cook asked if he is ok with  need the Ordinance, Stephenson said.  by resolution if you sO choose. It provides flexibility and latitude.  what Mary drafted. He said he was.  Cook asked Town and he said he is ok with what was drafted.  Stephenson asked Lawi ifhe wanted more time to review. Law said he did because some of the changes impact the Personnel Handbook, for example probationary periods for new  employees.    Ernst said he is confused about the different drafts and what the Charter Ordinance is. Stephenson said there are three ordinances, two drafts and the Charter Ordinance, which Discussion occurred. Law recommended tabling this item to the next meeting. Council Tax Abatement Request - Wea Creek Apartments - Law provided background and financial information provided by the developers. He said previous requests included the tax abatement consideration, waiving of building permits fees and IRBs, which could include the sales tax. He said IRB was the resolution ofintent to issue Industrial Revenue Bonds was adopted previously and included to bring back any consideration of tax abatement at a future time but did offer the ability to waive. the sales tax exemption on the materials on the construction project. Law said we are at that later time for consideration. The developers have reached out to see ifthe Council would be willing to issue the IRBs. Law said now is the time for the decision as the bond counsel can move forward with the paperwork to issue said bonds. The desire is for up to 100 percent of tax abatement and up to 10 years. Law provided two sections of the City's economic development incentive policy that includes information on IRBs and the tax abatement policy, both go hand-in- hand and both are located on the website. The bond counsel has also provided information included ini the packet. Law: said representatives from Wea Creek II arei in attendance. Cathy Feriend, executive vice president, and Dave Sandir, CEO at Commercial Management LLC, addressed the Council. Feriend said these are the second units they have built in Louisburg. The project serves affordability and necessity for senior housing. Feriend said ity was their understanding this would be approved at the end of the project and was underwritten with the State, KHRC (Kansas Housing Resource Corporation), with the tax abatement included in that financing package. Feriend said that residents of the new 36 units recently constructed 88 percent were living outside ofLouisburg and some from as far away as Wisconsin and Texas. It is not an assisted living property but is for those that are 55 and older and might not have the income to live in a high-dollar facility. She said she and Mr. Sandir are back to finalize the Industrial Revenue Bonds that were previously discussed before the group built the new: residences. The group had originally asked for an 18-year tax abatement but are now looking at a 10-year abatement. Feriend said the project was approved pre-COVID, in 2019. Sandir said costs forj phase 2 were much higher as they hit rock and one of their considerations was to take the funds to another community but wanted to finish this project. He: saidi ifthe abatement is not approved it will affect the rents. Ellison asked if the request was for 100 percent tax abatement for additional tax revenue after completion or does it include the portion that is currently being paid as undeveloped property. Sandir said the way it was underwritten is the City will still collect the tax that you were collecting before what we came in and increased the value of the property it  allows the City to exempt out of the state statute.  agreed to table this item.    would be an abatement of that amount. Ernst asked what the valuation was before construction. Sandir said it is about $4,000. He said that equals about $773 per unit over 10 years based on 10 years. Ernst said that would be $773 per unit times 10 years. Feriend said without the abatement unit rentals would go up about $65 per month. The IRBs filled the funding gap to be able to construct the units, Sandir said. Ernst asked if they would be willing to negotiate down from 10 years. Sandir said they have come down as the original plan was an 18-year abatement. Ellison noted there are legal requirements about who can live in the units. Ernst asked ift the group would be willing to negotiate down from the 18 years. Sandir said they have already come down from the 18 years to 10 years. Ernst asked ifthere was in writing that the city would do this. Law said only that it would be revisited upon completion per the 2019 meeting minutes. Ellison asked that there is legal requirements as to who can rent and occupy. Feriend confirmed that is correct. Ellison asked who can change those requirements. Feriend said the state and federal governments set those requirements such as age or rent: restrictions. There are covenants attached to the title and ift the property were sold, the property would still need to meet the income and age Cook asked each councilmember in turn what their thoughts were. Stone said she is not interested in doing a tax abatement. Ernst apologized if they thought they would get it but his answer is no. Ellison said this one is sticky because it sounds as if the council from 2021 kicked the can down the road and there was an expectation this would be approved at the project's completion. She said she has reservations about moving forward and feels better that we wouldn't lose the current tax level. She is bothered by the 10 years. She is not comfortable with the State's involvement. But she said in this instance the developer pursued the construction under the idea they would be receiving the abatement. She said she doesn'thave an opinion just stating an observation. Cook called on Margrave who said he didn'tlike it. Cook called on Town who asked ifthe developers understood they would be coming back to ask for the abatement or under the expectation that it would be granted. Ellison asked what would happen if less than 10 years were granted. Sandir said he is unsure because it will affect what the State, investors and finance side was promised. Law said bond counsel, who is not part of the developer's financing, might be able to answer Feriend asked if it was the 10 years and 100 percent that is the issue. Stone said the community spoke pretty loudly during the RHID discussion about issuing incentives and the project is already complete, and you have tenants. She doesn't think it's the City's responsibility toi make thei rent affordable for tenants. She is noti interested in tax abatements in general or incentivizing at 100 percent. Cook added she thinks the majority of constituents are not in favor of this. Feriend said not that it's the City's responsibility per se, but the City had to issue a resolution to start thej project so the City became their partner  requirements.  that. He provided some scenarios that could be considered.    at that time to construct these affordable housing units. Ellison said that is the sticky part. They had to take that intent on the City's part to secure the financing at the state level. Ernst asked councilmembers if they would be interested in 10 years at 100 percent, five years at 50 percent or payment in lieu of tax collection that would be equal to 10 years at 100 percent. Ellison read the minutes from the meeting in which the developers were told to come back when the project was complete. Ernst called on Margrave or Town to make amotion as they were on the Council, along with Cook, at that time. Law asked if council had appetite for running numbers using another percentage or some other years. Stone said she is not interested at all. Town said his impression is they would come back and ask but it was not guaranteed. Stone moved to not accept the tax abatement request for Wea Creek Apartments at 10 years and 100 percent. Motion died for a lack of second. Ellison asked Ellison would like to see a good faith effort to fulfill the intent that was voted on for developers to secure funding based on that intent. Ellison said shej probably wouldn'thave voted for it at that time but thinks there was an intent there. She would like to see some negotiation to honor the intent that was voted on 5-0 at the meeting three years ago., Law said there are other ways to carve, it up ift there is desire to continue. Discussion occurred. Ellison moved tol have this reviewed by bond counsel before the next meeting and negotiate terms less than 10 years and less than 100 percent with the developers in an effort to honor the intent that was previously voted upon. Town seconded. Motion passed 3-0 with Ernst and Stone voting no. Cook asked Law toreview what will happen next. Law said discussion will occur to talk through potential terms and information will be brought back to the next EMPLOYMENT AGREEMENT - Law reviewed the information. He noted that City Attorney has reviewed the agreement and has no issues. The agreement coincides with the school's budget year. Law said it can be extended or be changed. Ernst asked ifwe should bei notified ofany budget changes. He would like City stafft to work that into the agreement. FIRE DISTRICT - Law said we are trying to align our terms toi more closely match other agreements and that is included in the proposal. City Attorney reviewed with no concerns. Ersnt asked if the County is good with this. Law said he and County staff put it together along with much input from Chief Rittinghouse. Ernst moved, seconded by Ellison and LOUISBURG LANDING & WEA CREEK PHASE II PUBLIC IMPROVEMENTS Staff has inspected the utilities and all have passed. A maintenance bond has been  Discussion occurred.  what the timeline is. Sandir said now. Discussion occurred.  Council meeting. Discussion occurred.  Law will take it to the LRC with Council's comments for review.  approved 5-0, to approve this agreement.    received as part of our requirements. Town moved, seconded by Margrave and carried 5- 0, toa accept the public improvements for Louisburg Landing and Wea Creek Phase II. APPROVAL OFLIVESTREAMING/RECORDING WORKSHOPS - Law said there was a request by Councilmember Ellison to add this to the agenda. Ellison moved to livestream all workshops and special meetings. Town seconded. Cook asked ifthere was a special reason to add workshops or was it to make it uniform. Ellison said it is a great community service. Ernst said we. haven't done this before and why this request is coming forward now. Ernst asked ifthere is consideration to why we don't do it or why we should do it. Ellison said residents have asked her to have the workshops livestreamed and there is no reason not to do it. Motion passed 4-1 with Margrave voting no. Cook said this will affect the ability of Councilmembers to eat dinner during workshops. Ellison said it shouldn't; that the public is always invited to the workshops and watch us eat.  ADJOURNMENT  At 9:20 p.m., Ernst moved, seconded by Stone and carried 5-0, to adjourn the meeting.  Approved:  Donna Cook, Mayor  Attest:  Jean Carder, recording secretary