CITY OF
MINUTES REGULAR COUNCIL MEETING SEPTEMBER 12, 2007
MEMBERS: Larry Coursen, Bob Sisson, Dorthy Chikly, Don Schultz, Mayor Jack Young, Tadd
Goodyear (7:05 pm).
OTHERS PRESENT: Conrad & Mary Boos, Beverly Hix, Pat Martin, Mary DesChamps, John Krewson, Jon
Brady, Craig Meier, Michael & Jenna Blood, Allan Inman, Jon Wilhite, Mark Jones,
Michael Coffman, Bob Call, Ed Harmison, Patty Hylton (8 pm), Jim Koger, Cheryl
Brown.
The meeting was called to order at 7:00 PM by Mayor Jack Young. Roll call established that a quorum was present.
MINUTES / WARRANTS: Larry Coursen moved to approve the minutes of the August 8, 2007 regular meeting as written. Bob Sisson seconded; motion carried 4-0.
Don Schultz made a motion, seconded by Dorthy Chikly, to approve the minutes of the August 27, 2007 special meeting (2008 budget hearing) as written. Motion carried 4-0.
Larry Coursen made a motion, seconded by Bob Sisson, to pay all warrants presented. Carried 4-0.
STREET DANCE: Mary and Conrad Boos were present to ask that the ordinance prohibiting drinking on main street rescinded from 6 pm on September 22nd until 2 am September 23rd in an area 50’ by 97’ extending from their business across the street. They would request that the 300 block of Maple be closed to through traffic for that time period also. Mary Boos said they’ve talked to the Martin’s who own the Laundromat and Mary Snell who owns The Patch, and would be talking to the Alcorn’s who live in this area and also Mary DesChamps who owns Granny Brown’s Attic. Mayor Young asked what the state’s Alcoholic Beverage Control agency has to say about this. Boos said that ABC told her that as long as they make this area an extension of their building, it’s fine with their license. Boos said they are here because Chief Harmison told them the city has an ordinance prohibits drinking on main street. The mayor asked Chief Harmison if the ordinance applied just to main street and Chief Harmison said it pertained to drinking in public, and he said the ordinance is No 91-1226. Don Schultz asked to see the ordinance. The mayor said he was okay with the street dance, but wasn’t sure if he wanted the ordinance rescinded. Boos again said they were only asking for a specific area and time, and that they had been advised to do this by the city attorney, Michael Coffman. At that time, Mayor Young asked Michael Coffman how the city can do this. Coffman said that an ordinance could be written, using the same language as in the original ordinance, that would allow drinking in public with certain conditions. After looking at Ordinance No 91-1226, Michael Coffman commented that it makes it illegal to walk around with an open can of beer. Boos said that there will be only 2 entrances which they will monitor to keep people within a certain area. Boos also said that people won’t be allowed to bring any kind of liquor into the area. Don Schultz said that he would like to have some kind of ordinance that would allow the city to grant permits for special events without having to pass an ordinance each time. Coffman said that under the circumstances, a motion could be passed by the council to “permit” this event to happen, with the understanding that there would be no ordinance as a basis for conviction for any possible violations. Coffman suggested that a definite process be established to allow this type of event in the future. Larry Coursen said that Coffman should start preparing something of this nature for future action. Coursen then made a motion, seconded by Tadd Goodyear, to allow Conrad’s to have a street dance on September 22nd and fence off an area to extend their building by 50’X97’ where alcoholic beverages can be consumed between the hours of 6 PM 9/22/2007 and 2 AM 9/23/2007. Motion carried 5-0. Chief Harmison said that he’s concerned that there will complaints about the noise after 11 PM.
Dorthy Chikly made a motion to amend Ordinance 91-1226 to include alcoholic liquor and to include a clause to process permits for special events. Larry Coursen seconded; motion carried 5-0. Chief Harmison asked that Ordinance No 91 be reviewed and amended as needed since it had been adopted in 1977. The council agreed that the city attorney and police chief should do this.
SEWER REPORT: Vic Robbins was unable to attend tonight’s meeting, but Mayor Young reviewed Robbins’ report on the inspection done at 206 W. Market. Robbins stated that no major defects were found in the pipe and no significant root intrusions were found that would impede sewage flow. Some cracks were found in the clay pipe, but no broken out or displaced pipe. The entire report is available for inspection at City Hall.
OVERBROOK PARK PROJECT: Jon Brady presented the council with engineer
drawings for the extension of
RECREATION COMMISSION: Jon Brady wanted to ask about a charter ordinance to create a recreation commission. The matter was tabled until Michael Coffman has more time to work on this procedure.
BUILDING CONDITION: Bob Call said that he is not qualified to determine the condition of the building at 323 Maple, and said it would take a structural engineer to do that. Don Schultz said that he thought this was decided at the last meeting. Mayor Young said that he didn’t get this conveyed to Call soon enough. Tadd Goodyear asked what the building owner has to say. Mary DesChamps said that the owner, Rick Calderwood, was unable to attend the meeting. Dorthy Chikly asked why the city should pay for a structural engineer. Mayor Young said that the city isn’t paying to fix the problem, but to determine what needs to be done. Chikly then asked if the city shouldn’t tell the owner to provide the report from a structural engineer. Michael Coffman said that is exactly what the statute states, that once the council receives a letter from the “building inspector” saying the building is unsafe then the next step is to give notice to the building owner that they need to provide information that determines the building is safe and doesn’t need to be condemned. This would be done by a hearing within certain time limits. Don Schultz suggested that the city request a written report from the owner at the next meeting containing a statement of the building condition from a qualified person and also a timetable on what they intend to do with the building. The mayor asked Michael Coffman to write the notice for the building owner. Coffman said the only way to get the “clock started” if for the council to receive notice from the building inspector, per the statute. In other words, this would be a letter from Bob Call. Coffman said he would fax the statute tomorrow so Call would know exactly what to put in his letter to the council. Don Schultz made a motion, seconded by Larry Coursen, that our building inspector serve a letter to the property owner requesting that by the next council meeting in October the city will receive a letter from him including an engineer’s opinion of the building condition, and what the owner’s intent and schedule is. Jon Brady recommended that the city also request information about any potential health hazards that might be encountered in the building. The mayor said this should be included in the engineer’s report. The motion carried 5-0.
PUBLISH AGENDA/DEADLINE TO APPEAR: Don Schultz wanted this to be discussed as a way to help provide accountability to the citizens as to what is being done and when it’s being done by city employees. His thought is that if a plan could be created where the monthly media flow would include the minutes from the previous meeting, the agenda for the current meeting, and some concise reports from each of the departments including the clerk, police, treasurer, and maintenance be included in the packets prior to the meetings as well as posted on the website so the city will know what’s being done. Schultz said this is a way to recognize positive as well as negative reports.
Bob Sisson
also suggested checking into using the Topeka paper as another resource for
publishing notices due to the Herald-Chronicle being published once a
week. Cheryl Brown said that the council
can always vote to publish in additional papers, but legal matters must be
published in the county paper at this time.
Schultz said that even publishing a small box ad in the
Mayor Young asked what criteria would be used in setting a deadline for the agenda. Brown said that a draft agenda could be prepared fairly early, but the majority of requests to appear are made just days before the meeting. The mayor said it would be better to publish a list of the topics that were discussed at the meeting. Brown said that Jim Koger tries to do this on the website. The mayor said he was thinking of publishing the list in a paper. Schultz said maybe this could be done in a small published ad, but he was thinking more of alerting the public of upcoming discussions. Dorthy Chily said that the “unfinished business” on a published post-agenda could serve the same purpose. Mayor Young stated that his understanding is that previous councils may have restricted when people could be added to the agenda. Brown said that to the best of her knowledge no one has ever been denied being put on the agenda, but they may have to wait until the end of the meeting. The council agreed to table the matter until more information regarding publication costs can be obtained.
Don Schultz then stated that is one reason he has suggested installing a message board in front of City Hall. The cost of what he’s thinking is around $600. This will be considered along with the newspaper publication costs.
OVERBROOK EVENTS COMMITTEE: Craig Meier was present to tell the council that this committee was formed primarily as a fund raiser separate from the Overbrook Ball Association. The committee is planning to raise money for more than just the OAA and this year’s Oktoberfest is to raise money for the park project. The members are Brian Burlew, Ann Moore, Courtney Hanson, Heather LeMaster and himself. The committee is independent of any other organization. They don’t have any other events planned at this time, but will wait until they see how this year turns out. They will consider joint efforts in the future. Dorthy Chikly suggested that they make a formal presentation at a later time. Meier said that they plan to report on this activity at the next council meeting.
ORDINANCE FOR ATV’S AND WORK UTILITY VEHICLES: Dorthy Chikly explained that the state legislature has provided guidance for cities to create an ordinance to regulate all terrain vehicles, recreational and work-type. A sample ordinance was reviewed. After discussing the sample ordinance, the council asked Michael Coffman to make some changes that would allow golf carts, but would prohibit go-carts or dirt bikes 90cc or smaller that does not require a license. Turn signals would not be required, but lights on the front and back of the vehicle would be required in order to operate between sunset and sunrise. The council also decided that helmets and eye-protective gear will not be required in the ordinance. All these items will be researched by the city attorney and he will prepare an ordinance with the necessary legal definitions.
EMPLOYEE ASSESSMENT AND EVALUATIONS: Don Schultz recommended that the job requirements/descriptions be updated and regular evaluations be scheduled in order to track non-elected city employees for the purpose of promotions and rewards or inadequate performance. Schultz has visited with someone who does this as his profession. The council agreed by concensus that Schultz should get more information about this company regarding exactly what he would do and the cost for providing the evaluations.
LAW REPORT: Chief Ed Harmison reported that there weren’t too many problems during the fair. Harmison then reviewed his written report for the council. He has heard several things about Santa Fe Trail Days, and is concerned about what kind of coverage will be needed. Chief Harmison told the council that the post office has a problem with the property owner across the alley partially blocking the post office accessibility. Harmison said he’s recommended that the post office remove about 10 feet of a concrete wall and a tree to increase their space. Harmison said he’s notified the other party that they also have issues with the easement.
Harmison then said he has problems with the residents around Walnut and E. 2nd . Shuck’s have semi’s parked next to his residence and today there were problems with some of the neighbors parking. Harmison issued a warning ticket for parking too close to the sidewald to one of the vehicles. Harmison said that one solution might be to designate both sides of the street “No Parking”. The mayor asked if there’s another reason to make it no-parking other than the current problem. Harmison said there’s been no other problems until this recent issue. The complaint is being made because the semi’s are being blocked from their normal procedure of backing into the parking area. There was discussion about the zoning of this property. Mayor Young said he feels this is a matter the property owners need to settle. Don Schultz said that if this is a normal street designed for normal residential use, it’s not a city problem unless passenger vehicles are being illegally parked on the involved streets. Dorthy Chikly said there’s a lot of commercial vehicle traffic on Walnut.
Chief Harmison gave information from the City of
Harmison said that the speed limit signs have been installed in the Meadows addition.
MAINTENANCE REPORT: Bob Call reported that the contractor has been delayed in returning to do the chip and seal, but should be here within a couple of weeks.
Call said that he’s not comfortable with always taking the property owner’s word on boundary lines when he is approving building permits. There was discussion about requiring the property owner being able to locate and mark survey pins. The city clerk said that this was discussed, but there was never an ordinance requiring it.
Michael Coffman said he would check into the matter.
Call told the council that Westar had hit a water line recently, probably due to the fact that they hadn’t notified the city to do locates.
Call said he had attended classes for 2 days on disinfectants and chlorine which was very good. He learned a lot more there than the classes at the KRWA conferences. He’s made reservations for next spring, but would like to eliminate going on a routine basis.
Midwest Coating had to come down and make some adjustments on the area adjoining the library roof. Apparently there was some confusion about exactly where the library roof ended and the neighboring building’s roof started. This should be under warrantly, with no extra expense to the city.
Call said he’s been unable to contact Ed Hickman regarding routine maintenance on the two lift stations. The mayor suggested checking with another company. Bob Sisson suggested the Ray Lindsay Company, which sold us the lift stations.
Don Schultz asked how many blocks are to be chipped and sealed. Call said that would be determined when the man from Harbour Construction gets here. Schultz asked if the clean up work has been done on the Bill Baldwin property, and Call said that he’s spread the dirt and seeded, but is going to put some straw on it.
Schultz also asked if anything has been decided about a tree & limb dump site. There was considerable discussion about how to regulate what gets dumped there. Chief Harmison also reminded the council that there has to be an ordinance in order for the police to enforce any rules. The council agreed by concensus to work on a plan, including charging a small fee. Part of the difficulty is that we share one of the driveways with the adjoining property owner. Don Schultz mentioned hiring someone to pick up and haul stuff that can’t be left at the tree dump site.
TREASURER REPORT: Patty Hylton reviewed the financial reports as of August 31st for the council. Hylton said that all the funds are under budget, but we need to watch the actual cash on hand as some of the funds may run short. She should have more accurate figures after we get the next tax levy disbursement.
Hylton gave the council a worksheet showing the expenses and loan proceeds received so far for the wastewater project as of today. Schultz asked if all the items on the “punch list” have been completed and the mayor told him that’s covered in the letter prepared by Michael Coffman that was sent to Joshua Excavating. Hylton said that she’s going to be submitting another request for loan proceeds soon. There was discussion about using part of the mill levy increase in 2008 to pay down the wastewater project debt.
Don Schultz asked about the money in the Park Project fund. Hylton explained that the money is going through the city due to tax purposes. The clerk asked if someone could provide her with a list of PRIDE officers and the board members.
CLERK’S REPORT: Cheryl Brown presented ordinances to cover 2008 traffic and public offenses. Dorthy Chikly moved to adopt Ordinance No 302 (Standard Traffic Ordinance) and Ordinance No 303 (Uniform Public Offense Ordinance) by reference. Larry Coursen seconded; motion carried 5-0.
The clerk
told the council that Roger Harmon is planning to attend the Kansas Wildlife
& Parks grant meeting on October 2nd in
Don Schultz volunteered to be the voting delegate for the League of Kansas Municipalities conference in October. Schultz said he had attended an excellent workshop for retirement and there are some major changes coming in KPERS and KPF.
COUNCIL MEMBER COMMENTS: Don Schultz asked if the clerk has the information on franchise fees and contract expiration dates. After some searching, Brown produced the list.
Schultz then asked that the Planning Commission recommendations be considered and acted on at the next meeting.
EXECUTIVE SESSION: Bob Sisson moved to go into executive session for about 10 minutes to discuss employees. Tadd Goodyear seconded; meeting recessed at 9:22 pm. The mayor called the meeting back to order at 9:32 pm. Larry Coursen made a motion, seconded by Bob Sisson, that Dannar’s patrol car be left in the city when he’s not on duty, and the OBI tag be removed from now on. Motion carried 5-0.
Bob Sisson asked that all employees keep track of time and work on some kind of log to be reviewed by the council. Don Schultz said that this kind of activity sheet should help with the reports for the council.
Sisson made a motion, seconded by Tadd Goodyear, to have all employees keep a log to track their events and the time involved. Schultz said that these sheets can be used to verify how work orders and complaints are handled. Motion carried 5-0. Bob Call asked who’s going to read these reports.
PUBLIC COMMENTS: Allan Inman asked to receive a legible, unabridged copy of the city ordinances. The clerk asked which ordinance as there are 303 ordinances. The mayor said that this would be possible, but it will take quite abit of time.
Mark Jones asked why there’s no handicapped parking space at City Hall. His wife is disabled and he thinks we should have one at City Hall. The mayor said we would look into designating a space at City Hall.
Michael Blood asked what the purpose of the executive session was. He didn’t hear a reason stated with the motion. The mayor said it was to discuss matters not related to elected personnel. Don Schultz said that Sisson stated that just as they were going out of open session.
Mark Jones asked how having businesses in residential areas is enforced. The mayor said that up until now the council and law enforcement has been fairly lenient. Jones said that most cities have truck routes. Mayor Young said that there will probably be more discussion about this at a later meeting.
Larry Coursen asked that a decision be made as to when Dannar needs to start leaving the patrol car in town. The council agreed by concensus to determine where the car should be parked before a time to begin is determined, but think that this should be done by the end of the week.
There being no further business before the council, Larry Coursen made a motion to adjourn. Bob Sisson seconded; meeting adjourned at 9:45 PM.
Respectfully submitted,
Cheryl L. Brown
City Clerk
APPROVED: October 10, 2007