OSAWATOMIE CITY COUNCIL AGENDA May 13, :00 p.m., Memorial Hall

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1 OSAWATOMIE CITY COUNCIL AGENDA May 13, :00 p.m., Memorial Hall 1. Call to order 2. Roll Call 3. Pledge of Allegiance 4. Consent Agenda Consent Agenda items will be acted upon by one motion unless a Council member requests an item be removed for discussion and separate action A. Approve Minutes of April 11 and April 22 City Council Meetings B. Approve May 13 Agenda C. Appropriation Ordinances 10-7 & Comments from the Public; Presentations Citizen participation will be limited to 5 minutes. Please stand & be recognized by the Mayor 6. Public Hearing - none 7. Unfinished Business A. Approve Invoices for Library Improvement Grant Request No. 10 B. Approve Invoice for Streetscape Improvement Grant Request No. 1 C. Ordinance To Rezone Lookout Road From RP-4 (Rural Residential) To C-3 (Highway Commercial) D. Review and Approve Purchase of Public Works Director s Truck E. Approve Capital Improvements Plan F. Pacific/14 th /Brown Streets Project Funding 8. New Business A. Appointments B. Consider Request for Fireworks Stand C. Authorize Lease-Purchase of Golf Carts D. Resolution Adopting 2010 GAAP Waiver E. Meeting/Work Session May 27 F. Special Meeting May 19, 6:00 p.m., Memorial Hall for CDBG Hearing Followed by Golf Course Tour 9. Council Reports 10. Mayor s Report 11. City Manager s Report 12. Executive Session - none 13. Adjournment REGULAR MEETING June 10, 2010

2 OSAWATOMIE CITY COUNCIL MINUTES April 8, 2010 Osawatomie, Kansas. April 8, The Council meeting was held in Memorial Hall. Mayor Dudley called the meeting to order at 7:00 p.m. Council members present were Hunter, LaDuex, Maichel, Moon, Ratley, and Walmann. Absent were Dalton and Kaempfe. Also present were City Manager Glendening, City Attorney Wetzler and City Clerk Elmquist. Visitors were Lawrence Dickinson, Web Hawkins, Jason & Clylene, Doug Carder, and Travis Perry. CONSENT AGENDA. Approval of the Minutes of March 11 and March 25 Meetings, approval of April 22 Agenda, and approval of Appropriation Ordinances 10-5 & Motion made by Moon, seconded by Hunter to approve the consent agenda. Yeas: All. Public Participation; Presentations: None Public Hearings: None Unfinished Business: APPROVE INVOICES FOR LIBRARY IMPROVEMENT GRANT REQUEST NO. 9. Motion made by Ratley, seconded by Maichel to approve Pay Request No. 9. Yeas: All. ORDINANCE TO REZONE LOOKOUT ROAD FROM RP-4 (RURAL RESIDENTIAL) TO C-3 (HIGHWAY COMMERCIAL). Motion made by Ratley, seconded by Maichel to table to the May 13 meeting. Yeas: All. New Business: APPOINTMENTS. Library Advisory Board KMEA Board of Directors Director #2 Jan Sanders & Anita Bomgardner Karen LaDuex Motion made by Hunter, seconded by Maichel to approve appointments. Yeas: All. PROCLAMATION ARBOR DAY. Proclamation was to declare May 1 as Arbor Day to urge all citizens to celebrate and to support efforts to protect the City s trees and woodlands. Motion made by Walmann, seconded by LaDuex to approve the proclamation. Yeas: All. PROCLAMATION FAIR HOUSING MONTH. Proclamation was to promote fair housing practices throughout the City. Motion made by Hunter, seconded by Ratley to approve the proclamation. Yeas: All. ORDINANCE AMENDING CHAPTER XI PUBLIC OFFENSES OF THE MUNICIPAL CODE. Motion made by Hunter, seconded by Ratley to approve Resolution No Yeas: All. CAPITAL IMPROVEMENT PLAN. The 2010 expenditures were explained. Consensus was to proceed with securing bids for the 2010 vehicles. Council Reports: LaDuex: John Brown Foundation Bingo fundraiser will be held April 18. Hunter: Railroad Day is April 24. Moon: Would like to possibly have a quarterly newsletter to inform the public. Fire Station needs to be addressed; it is too small and not equipped. Would like the Council to come up with a way to use the Revolving Loan s $70,000 to finance those downtown merchants wanting to improve the front of their buildings

3 OSAWATOMIE CITY COUNCIL MINUTES April 8, 2010 Mayor s Report: Arbor Day activities will be May 1. Osawatomie has again received the Tree City USA designation. City Manager s Report: Pacific/14 th /Brown. Rural Development requested information on how the City would address the $400,000 shortfall in the budget due to the City not being awarded a CDBG grant. One option would be to issue additional debt which would likely require an increase in the mill levy. The other would be to form a benefit district to allocate the unfunded expenses of the project equitably among the benefiting properties. Downtown Streetscape Project. An updated design was presented that reflected the changes to the handicapped parking made by the Council. Motion made by Hunter, seconded by LaDuex to accept the updated design as presented. Yeas: All EXECUTIVE SESSION. None. Motion made by Hunter, seconded by LaDuex to adjourn. Yeas: All. Ann Elmquist, City Clerk Osawatomie, Kansas. April 22, The Council meeting was held in Memorial Hall. Mayor Dudley called the meeting to order at 7:34 p.m. Councilmembers present were Dalton, Hunter, LaDuex, Maichel, Moon, Ratley and Walmann. Absent was Kaempfe. Also present were City Manager Glendening, City Attorney Wetzler, and City Clerk Elmquist. Visitors Clay Phillips, Bill Butler, Nan Bewley, Linda Crouch, John Trickey, Lawrence Dickinson, John Farley, Angie Hoskins, Diane Ventura, Pam Himes, Allen Brown, Kevin Gray, and Travis Perry. APPROVAL OF AGENDA. Motion made by Hunter, seconded by LaDuex to approve the agenda as amended. Yeas: All. ELECTION RESULTS ADMINISTER OATH OF OFFICE. City Clerk Elmquist reported the certified election results and administered the oath of office to Dickinson, Farley, LaDuex, and Maichel. Troy L. Dalton Council Ward I 16 votes Lawrence Dickinson Council Ward I 21 votes John A. Farley Council Ward II 47 votes Jamie Wilson Council Ward II 17 votes Karen LaDuex Council Ward III 57 votes John Diediker (wi) Council Ward III 1 vote Dwight Francis Council Ward IV 21 votes Tamara Maichel Council Ward IV 30 votes ELECT COUNCIL PRESIDENT AND VICE-PRESIDENT. Dudley opened nominations for Council President. Hunter was nominated. Motion made by LaDuex, seconded by Walmann that nominations cease. Yeas: All. Mayor Dudley asked for a show of hands in favor of Hunter for President. For: All. Mayor Dudley opened nominations for Council Vice-President. LaDuex and Maichel were nominated. Motion made by Moon, seconded by LaDuex that nominations cease. Yeas: All. Mayor Dudley asked for a show of hands in favor of Maichel. For: Farley and Ratley. Mayor Dudley asked for

4 OSAWATOMIE CITY COUNCIL MINUTES April 8, 2010 a show of hands in favor of LaDuex. For: Dickinson, Hunter, Maichel, Moon, and Walmann. LaDuex selected Vice-President APPROVE OFFICIAL CITY DEPOSITORIES. Motion made by Moon, seconded by Walmann to approve First Option Bank, Great Southern Bank, and Landmark National Bank as official City depositories. Yeas: All. APPOINTMENTS. Library Advisory Board Doug Tyrrell Motion made by Hunter, seconded by Ratley to approve the appointments. Yeas: All. LIAISONS: Economic Development Library Board Planning Commission Public Safety Advisory Board Recreation Commission Tourism Committee Chamber of Commerce Ted Hunter & Karen LaDuex Karen LaDuex Lawrence Dickinson Mike Moon Larry Ratley Ted Hunter John Farley By consensus the Mayor was authorized to make the appointments. ORDINANCE TO APPROVE SPECIAL USE PERMIT TO FORT SCOTT COMMUNITY COLLEGE TO OPERATE A GOVERNMENTAL ENTITY PUBLIC EDUCATIONAL FACILITY AT W. 327 TH STREET. The Planning Commission held a public hearing March 31 and recommended approval. It is zoned M-1 (Light Industrial Park). Motion made by Hunter, seconded by Moon to approve Ordinance No Yeas: All. AUTHORIZE ISSUANCE OF ELECTRIC SYSTEM RFP. Motion made by Maichel, seconded by Moon to go forward with the RFP for the electric system study. Yeas: All. EXECUTIVE SESSION CONSULTATION WITH CITY ATTORNEY WHICH WOULD BE DEEMED PRIVILEGED IN THE ATTORNEY-CLIENT RELATIONSHIP. Motion made by Hunter, seconded by LaDuex at 8:03 p.m. to recess into executive session for consultation with city attorney which would be deemed privileged in the attorney-client relationship for a period of 20 minutes. Yeas: All. The City Manager, City Attorney, and City Clerk were present. Meeting reconvened at 8:26 p.m. No action taken. Motion made by Hunter, seconded by LaDuex at 8:27 to recess into executive session for an additional period of 10 minutes. The City Manager, City Attorney, and City Clerk were present. Meeting reconvened at 8:38 p.m. No action taken. Motion made by Hunter, seconded by Maichel to adjourn. Yeas: All. Ann Elmquist, City Clerk

5 Record of Ordinances ORDINANCE NO DATE WARRANTS ISSUED: Page No. 1 April 30, 2010 AN ORDINANCE MAKING APPROPRIATION FOR THE PAYMENT OF CERTAIN CLAIMS. Be it ordained by the Governing Body of the City of Osawatomie, Kansas Section 1. That in order to pay the claims hereinafter stated which have been properly audited and approved, there is hereby appropriated out of the respective funds in the city treasury the sum required for each claim. CLAIMANT NATURE OF CLAIM OR SERVICE CLAIM AMOUNT NUMBER Payroll 88, Payroll 97, FICA 6, FICA 7, KPERS 11, Crawford Sales Budweiser City of Osawatomie petty cash reimbursement , Void Discover Mid-America ad Kansas City Wilbert Vault grave openings KDHE - Bureau of Water operator exam Osa Recreation Commission tax appropriation , Rural Water District #1 service Suddenlink internet Yamaha golf cart lease , City of Osawatomie utilities , Crawford Sales Budweiser Midwest Distributors Miller, Coors AT&T RTU's Beachner Grain kerosene Gary Bunney damage to property - loss of elect Cigna health insurance , Delta Dental dental insurance , Void L & K Services refuse , Mi County Internet Onramp internet Visa supplies summer reading, lodging , Vision Service Plan vision insurance Crawford Sales Budweiser Myrna Guion flowers, mulch Kansas Dept. of Revenue wtr. Protection, clean drinking wtr , Kansas Dept. of Revenue compensating use tax Kansas Dept. of Revenue sales tax , Kansas Gas Service power plant KMEA - Nearman electricity , KMEA - EMP transmission, electricity , Midwest Distributors Miller, Coors B & R Electric LLC repaired generator First Option Bank bucket truck final payment , KCP&L services

6 Record of Ordinances DATE WARRANTS ISSUED: Page No. 2 April 30, 2010 CLAIMANT NATURE OF CLAIM OR SERVICE CLAIM AMOUNT NUMBER Kansas Gas Service services , KRPA budget workshop Ricoh Americas Corporation copier lease Ricoh Americas Corporation copies Suddenlink internet Two Rivers Lawn & Landscape mowing weed lots Miami County Treasurer tag renewals Kansas Dept. of Revenue sales tax Crawford Sales Budweiser Brad Waggoner Pro Shop BG Consultants, Inc. streetscape construction observation , CenturyLink services , CenturyLink long distance CenturyLink RTU's KS Employment Security Fund unemployment , KMEA - GRDA electricity , Lybarger Oil, Inc. fuel , Rich Raymer sound system - Railroad Days Sprint service Suddenlink internet Wal-Mart Community supplies City of Osawatomie petty cash reimbursement , GO 140, WT 33, EL 198, Emp Bn 46, Refuse 31, Rec 7, RF 1, Ind St Imp 5, Sewer 13, Rec Bn GC 16, Trsm ,522.98

7 Record of Ordinances ORDINANCE NO DATE WARRANTS ISSUED: Page No. 1 May 13, 2010 AN ORDINANCE MAKING APPROPRIATION FOR THE PAYMENT OF CERTAIN CLAIMS. Be it ordained by the Governing Body of the City of Osawatomie, Kansas Section 1. That in order to pay the claims hereinafter stated which have been properly audited and approved, there is hereby appropriated out of the respective funds in the city treasury the sum required for each claim. CLAIMANT NATURE OF CLAIM OR SERVICE CLAIM AMOUNT NUMBER Void Void A.L.E.R.T. test radar equipment Agrium Advanced Technologies pesticides , Amateur Sports ads Arlan Company, Inc. pool chemicals , Asphalt Sales Company, Inc. asphalt Baker & Taylor books , Board of Police Commissioners alert system user charges Bollings Bargain Bonanza cable ties, clamps Bradley A/C & Heating replaced bearing in furnace Brewer's Automotive Repair tires, battery Void Brown's Hardware supplies C & G Merchants Supply, Inc. supplies - Bogey's Certifion Corporation entersect police online Champion Brands LLC oil, supplies Coleman Equipment, Inc. front wheel Complete Pavement Maintenance crack & seal applicator cart , Conrad Fire Equipment, Inc. foam, parts , Corrosion Products, Inc. pvc tubing Crash Technology Group issues Cross-Midwest Tire, Co. tires Electronically Speaking batteries, supplies Void Ellis & Zolotor Law Office, LLC court appointed attorney , Employee Screening Services drug & alcohol screening Environmental Laboratories, Inc. analytical services Evco Wholesale Food Corp. meat, snacks Family Center parts Farwest Line Specialties, LLC shirts, cable cutters, supplies First Place Trophies trophies Fluid Dynamics pump repair kit Gaylord Bros., Inc. video cassette box GCSSA membership Geocorp, Inc. charts, pens Gerken Rental portable restrooms, auger rental GNC Enterprises, Inc. red grease Grainger hard hats, supplies Grass Pad, Inc. turface

8 Record of Ordinances DATE WARRANTS ISSUED: Page No. 2 May 13, 2010 CLAIMANT NATURE OF CLAIM OR SERVICE CLAIM AMOUNT NUMBER Graybar pedestal, lens , Greeley Farm Implement Co. pins Hach Company chemicals Hanes Florist & Greenhouse bedding plants, flower - Dudley Heritage Tractor, Inc. spark plugs Hogeye, Inc. custom spoons Holderman Printing off & on forms Holiday Sand and Gravel Company sand Holman Hansen & Colville, PC City Attorney , Hunt Martin Materials rock ICC code books - Library Inland Truck Parts Company cable Kansas Dept. of Health & Enviro analytical services Kansas One Call System, Inc. locates Kansas State Treasurer training funds , Mitch Kerr janitorial - Library Killough Construction, Inc. asphalt Kincaid Ready Mix concrete , Kriz-Davis Co. electric line supplies , Lacal Equipment, Inc. street sweeper parts , Lesco/John Deere Landscapes pesticides , Louisburg Firefighters Assn. recharge fire extinguishers Louisburg Ford Sales, Inc. knob Miami County Sheriff's Dept prisoner care - Feb. March , Miami County Sheriff's Dept I.D. Cards Miami Lumber, Inc. lumber Mid-States Energy Works, Inc. replaced synchroscope , Midwest Industrial Lighting light bulbs Midwest Radiator radiator MoKan Outdoor Power & Equipment switch key Void Void Moon's IGA supplies National Sign Company, Inc. batteries Navrat's Office Products office supplies Navrat's checks, receipts, shut off notices , NEKLS spring assembly, printer rolls NPG Newspapers, Inc. ads , Old Dominion Brush gutter brooms Olathe Medical Services physical - Depriest Olathe Winwater Works repair clamps, saddles OMB Express Police Supply shirts, trousers, supplies Orscheln Farm and Home tire Paola Hardware pipe, adapter Pat's Signs signs

9 Record of Ordinances DATE WARRANTS ISSUED: Page No. 3 May 13, 2010 CLAIMANT NATURE OF CLAIM OR SERVICE CLAIM AMOUNT NUMBER Paving Maintenance Supply, Inc. maintenance on hot oil pump , R.E. Pedrotti Co., Inc. laptop, computer upgrade , Pepsi Cola water, gatorade, pop Gary Pickert rotation w/ red light filter Protective Equipment Testing Lab rubber glove and equipment tested , Quill office supplies R & R Products signs, rope RMI Golf Carts golf cart rental Recorded Books books GS Robins and Company alum, chemicals , Rural Water #1 service Rural Water #3 ETI water Sherwin-Williams paint Simmons Gun Specialties ammo Smitty's Lawn & Garden Equipment idler pulley Stanion Wholesale Electric, Co electric line supplies State Industrial Products supplies Debbie Talley Memorial Hall janitorial Techno Ply, LTD herbicide TFMComm, Inc. repaired volume knob Tri County Ice ice machine Tri County Pest Control, Co. pest control Upstart supplies summer reading USABlueBook effluent pump, supplies Viking Industrial Supply paper goods Wayne's Plumbing gas line Wilson & Company levee assessment - phase ll , Winkler, Domoney & Schultz Municipal Court Judge , Void Void Winterscheid Auto Parts parts YMCA City share wellness program Zep supplies GO 34, WT 27, EL 9, Refuse 5.00 Library Ind St Imp 9, Sewer 1, GC 9, Trsm 1, , ,941.90

10 CITY OF OSAWATOMIE 439 Main Street PO Box 37 Osawatomie, KS LIBRARY IMPROVEMENTS PROJECT CDBG-R GRANT # 09-PF-736 PAYMENT REQUEST May 13, 2010 Payment Request No. 10 Document Claimant Description Number Amount Governmental Assistance Services 905 Joseph Drive administration 4/30/10 $ 1, Lawrence, KS Hanz J Fischer 4 Colonial Court architectural & $ - Lawrence, KS engineering services Combes Construction 1550 E Spruce construction Olathe, KS TOTAL $ 1, Approved for payment by the Osawatomie City Council this 13th day of May, Philip A. Dudley, Mayor

11 CITY OF OSAWATOMIE 439 Main Street PO Box 37 Osawatomie, KS Streetscape Improvements KDOT TE GRANT PROJECT NO. 61 TE ARRA-T034(501) PAYMENT REQUEST May 13, 2010 Payment Request No. 1 Document Claimant Description Number Amount Orr Construction Management 9812 East 56th Street construction ACP #1 $ 115, Raytown, MO /28/10 TOTAL $ 115, Approved for payment by the Osawatomie City Council this 13th day of May, Philip A. Dudley, Mayor

12 (Published in the Osawatomie Graphic, May 19, 2010) 1t ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE REZONING OF CERTAIN PROPERTY IN THE GROWTH AREA OF THE CITY OF OSAWATOMIE, KANSAS FROM RP-4 (RURAL RESIDENTIAL) TO C-3 (HIGHWAY COMMERCIAL); AMENDING THE ZONING MAP INCORPORATED BY REFERENCE IN ORDINANCE NO. 3647, AND AMENDMENTS THERETO. WHEREAS: after due and lawful notice, the Osawatomie Planning Commission on February 24, 2010 held a public hearing, and recommended denial of the request to rezone from RP- 4 (Rural Residential to C-3 (Highway Commercial); and WHEREAS: the Governing Body may (1) approve such Planning Commission recommendation, (2) override the Planning Commission s recommendation by a 2/3 majority vote of the membership of the Governing Body; or (3) may return the same to the Planning Commission for further consideration, together with a statement specifying the basis for the Governing Body s failure to approve or disapprove. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OSAWATOMIE, KANSAS, as follows: SECTION ONE: That the zoning district classification for the following described property, situated in Miami County, Kansas, to-wit: Beginning at a point feet South of the Northeast (NE) corner of the Northeast Quarter (NE1/4) of Section 36, Township 17 South, Range 22 East, Miami County, Kansas, said point being on the East line of said Quarter Section, thence South feet and along the East line of said Quarter Section, thence West feet and parallel to the North line of said Quarter Section, thence North feet and parallel of the East line of said Quarter Section, thence East feet and parallel to the North line of said Quarter Section, thence South 05 degrees 01 West a distance of feet, thence South 87 degrees 13 East a Distance of feet to the point of beginning, in Miami County, Kansas. Commonly known as Lookout Road, is hereby changed from RP-4 (Rural Residential) to C-3 (Highway Commercial). ORDINANCE NO. - Continued. Page 2

13 SECTION TWO: That the Zoning Map adopted by Ordinance No is hereby amended to reflect the rezoning, as set forth in Section One. SECTION THREE: EFFECTIVE DATE. This Ordinance shall take effect and be in force from and after its passage and one publication in the official City newspaper. PASSED AND APPROVED by the Governing Body of the City of Osawatomie, Kansas, a two-thirds majority being in favor thereof, this 13th day of May, APPROVED and signed by the Mayor. (SEAL) Philip A. Dudley Mayor ATTEST: Ann Elmquist City Clerk

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29 NEW BUSINESS 8.A. Appointments VACANCIES: Board of Zoning Appeals Planning Commission Growth Area Growth Area 8.B. Consider Approval of Fireworks Stands & Display The following fireworks vendors are requesting approval from the Council: Moon s Discount Fireworks th Street Dale & Jo s Discount Fireworks th Street City 4 th of July Display Lynn Dickey Field Mike Moon Dale Shay Mark Marquez Fireworks Public Display Operator

30 RESOLUTION NO. A RESOLUTION WAIVING THE GAAP REQUIREMENTS OF K.S.A A(a) FOR THE YEAR ENDED WHEREAS, the City of Osawatomie, Kansas, has determined that the financial statements and financial reports for the year ended 2010 to be prepared in conformity with the requirements of K.S.A a(a) are not relevant to the requirements of the cash basis and budget laws of this state and are of no significant value to the Governing Body or the members of the general public of the City of Osawatomie; and NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of Osawatomie, Kansas, in regular meeting duly assembled this 13 th day of May, 2010 that the Governing Body waives the requirements of K.S.A a(a) as they apply to the City of Osawatomie for the year ended BE IT FURTHER RESOLVED that the Governing Body shall cause the financial statements and financial reports of the City of Osawatomie to be prepared on the basis of cash receipts and disbursements as adjusted to show compliance with the cash basis and budget laws of this State. PASSED AND ADOPTED by the Governing Body of the City of Osawatomie, Kansas this 13th day of May, 2010, a majority being in favor thereof. APPROVED AND SIGNED by the Mayor. (SEAL) ATTEST: Philip A. Dudley Mayor Ann Elmquist City Clerk

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