OSAWATOMIE CITY COUNCIL AGENDA April 14, :00 p.m., Memorial Hall

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1 OSAWATOMIE CITY COUNCIL AGENDA April 14, :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 March 10 and March 24 City Council Meetings B. Approve April 14 Agenda C. Appropriation Ordinances 11-5 & Comments from the Public; Presentations Citizen participation will be limited to 5 minutes. Please stand & be recognized by the Mayor. 6. Public Hearings none 7. Unfinished Business A. Approve Invoice(s) for Pacific, 14th, Brown Streets Project Request No. 6 B. Ordinance Authorizing Financing for 2011 Street Project C. Authorize Negotiation with Selected Architect for Phase II of Library Expansion D. Final Designs of Banners for Street Light Posts 8. New Business A. Election Results Administer Oath of Office B. Elect Council President and Vice President C. Appointments D. Proclamation Fair Housing Month E. Proclamation Arbor Day F. Proclamation - Occupational Therapy Month 9. Council Reports 10. Mayor s Report 11. City Manager s Report 12. Executive Session 13. Adjournment COUNCIL MEETING & WORK SESSION April 28, 2011 REGULAR MEETING May 12, 2011

2 OSAWATOMIE CITY COUNCIL MINUTES March 10, 2011 Osawatomie, Kansas. March 10, The Council meeting was held in Memorial Hall. Mayor Dudley called the meeting to order at 7:00 p.m. Council members present were Dickinson, Farley, Hunter, LaDuex, Maichel, Moon, and Ratley. Absent was Walmann. Also present were City Manager Glendening, City Attorney Wetzler, and City Clerk Elmquist. Visitors were Grady Atwater, Larry Smith, Bryce Smith, Garrett Nordstrom, Mark Govea, Amanda Perry, Kurk & Shelagh Wright, Phil Slater, Michelle Goertzen, Ryan Crowley, Terry Upshaw, Travis Perry, and Jeff Gulley. CONSENT AGENDA. Approval of the Minutes of February 10 Meeting approval of March 10 Agenda, and approval of Appropriation Ordinances 11-3 & Motion made by Hunter, seconded by Maichel to approve the Minutes of February 10 Meeting and approval of March 10 Agenda. Motion made by Hunter, seconded by LaDuex to approve Appropriation Ordinances 11-3 & Yeas: All. Public Participation; Presentations: L & K SERVICES PRESENTATION ON EXPANDING SERVICES TO INCLUDE RECYCLING OF ALL RECYCLABLE MATERIAL. Larry Smith and Bryce Smith explained that on January 1, 2012, recycling of yard waste will be mandatory. Also discussed expanding the refuse service to include recycling of all recyclable materials. KDHE has given permission for citizens to dump yard waste at the City s permitted burn site near the water intake. Public Hearing: FINAL PERFORMANCE HEARING CDBG LIBRARY REHABILITATION AND UPGRADE GRANT. Mayor Dudley opened the hearing at 7:48 p.m. The proposed upgrades were for the purpose of the rehabilitating and upgrading the City Library. The purpose of the hearing was to evaluate the performance of the project and the completion of the work so the closeout packet could be submitted. The initial project budget was $400,000 from CDBG funds with the City committing $70,000. The final project cost was $490,647. There being no comments from the public the hearing was closed at 7:50 p.m. Unfinished Business: CDBG LIBRARY GRANT CLOSEOUT DOCUMENTS. Motion made by Maichel, seconded by Hunter authorizing the Mayor to sign the necessary closeout documents. Yeas: All. Mayor Dudley turned over the gavel to President Hunter so he could sign the grant closeout documents. APPROVE INVOICES FOR PACIFIC, 14TH, BROWN STREETS PROJECT REQUEST NO. 5. Motion made by Ratley, seconded by Maichel to approve Pay Request No. 5. Yeas: All. BIDS FOR CONVERSION OF 1993 DIGGER TRUCK TO DUMP TRUCK. Received two bids to utilize the cab and chassis from the 1993 Chevy truck with polecat by adding a dump bed and controls for a snow plow. American Equipment Company $15,500 all work associated with the bed Knapheide Truck Equipment Co. $16,854 purchase and installation of bed Knapheide Truck Equipment Co. $2,006 snow plow controls Knapheide Truck Equipment Co. $4,052 snow plow Motion made by Ratley, seconded by LaDuex to accept the low bids of $15,500 for the dump bed and $2,006 for the snow plow controls at a cost of $17,506. President Hunter turned the gavel back over to Mayor Dudley. Yeas: Dickinson, Farley, Hunter, LaDuex, Moon, Ratley, and Walmann. Nay: Maichel

3 OSAWATOMIE CITY COUNCIL MINUTES March 10, 2011 New Business: APPOINTMENTS None CEREAL MALT BEVERAGE LICENSE APPLICATION FOR QUICK STOP AT 309 EASTGATE DRIVE. Motion made by Moon, seconded by Hunter to approve the CMB license for Quick Stop. Yeas: All. REQUEST FOR FIREWORKS DISPLAY IN JOHN BROWN PARK. An application has been submitted by Phil Slater and Michelle Goertzen for an All 4 U Community Event. It would be in John Brown Park on July 2. They have received a letter from Fire Chief DuWayne Tewes stating that the Fire Department will not be required. The applicants are to meet with City Manager Glendening about obtaining event insurance CAPITAL IMPROVEMENT PROGRAM. City Manager Glendening has begun developing the 2012 budget. The Council was presented the plan. DISCUSS CHANGING THE NAME OF JOHN BROWN JAMBOREE TO MORE ACCURATELY REFLECT THE EVENT. The Tourism Committee discussed the name of the Freedom Festival being changed to John Brown Freedom Festival and about differentiation between the John Brown Jamboree and the John Brown Freedom Festival. The consensus was to change the name to John Brown Freedom Festival and also to change the name to John Brown Jamboree and Music Festival. MEETING/WORK SESSION MARCH 24. Consensus was to hold the meeting March 24. Council Reports: Hunter: Railroad Days is April 23. Mayor s Report: None City Manager s Report: None Motion made by Hunter, seconded by Moon to adjourn. Yeas: All. Ann Elmquist, City Clerk

4 OSAWATOMIE CITY COUNCIL MINUTES March 24, 2011 Osawatomie, Kansas. March 24, The Council meeting was held in Memorial Hall. Mayor Dudley called the meeting to order at 7:30 p.m. Council members present were Dickinson, Farley, Hunter, LaDuex, Ratley, and Walmann. Absent were Maichel, Moon. Also present were City Manager Glendening, City Attorney Wetzler, and Acting City Clerk Lynette Mersman. Visitors were Terry Upshaw, Ryan Crowley, Robert Kerr, Jesse Kratz, and Jeff Gulley. APPROVAL OF AGENDA. Added request for fireworks display in John Brown Park. Motion made by Hunter, seconded by LaDuex to approve the agenda as amended. Yeas: All. RECYCLING ADDENDUM TO REFUSE CONTRACT WITH L & K SERVICES. The addendum changes the weekly pickups to one for household waste only and the other for recycling material only. Consensus was to begin the program in October. The City is still working on the disposal of yard waste. Motion made by Hunter, seconded by Dickinson to accept the addendum. Yeas: All. BANNERS FOR STREET LIGHT POLES. Motion made by Ratley, seconded by Hunter to table. Yeas: All. APPROVE CIP. Motion made by Hunter, seconded by Dickinson to approve the CIP. Yeas: All. REQUEST FOR FIREWORKS DISPLAY IN JOHN BROWN PARK. Motion made by Ratley, seconded by Hunter to approve the fireworks display in John Brown Park on July 2 contingent upon receiving a certificate of insurance. Yeas: All. Motion made by Ratley, seconded by Hunter to adjourn. Yeas: All. Ann Elmquist, City Clerk

5 Record of Ordinances ORDINANCE NO DATE WARRANTS ISSUED: Page No. 1 March 31, 2011 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 03/11/11 92, Payroll 03/25/11 99, FICA 03/11/11 6, FICA 03/25/11 7, KPERS 13, ICC certification Frank Pretz brush project , Reserve Account postage meter , Suddenlink internet City of Osawatomie petty cash reimbursement , Aerial FX fireworks , Bradley A/C & Heating moved thermostats City of Osawatomie utilities , Kansas City Wilbert Vault grave opening KDHE sewer revolving loans , Osawatomie Pet Clinic rabies test Vernon's Electric & Repair starter for street sweeper Wal-Mart Community office supplies AT&T RTU's Beachner Grain tordon, kerosene Ellis & Zolotor Law Office court appointed attorney Kansas Gas Service power plant KMEA - EMP electricity, transmission , KMEA Reserve Fund consulting fee L & K Services, Inc. refuse , Landmark National Bank golf cart loan , Miami County Internet OnRamp internet Nicholson Law Office, LC court appointed attorney Suddenlink internet Visa lodging, computer, misc , Void Void Crawford Sales Budweiser Midwest Distributors Coors, Miller Governmental Assistance Services administrative services , Kansas Dept of Revenue sales tax , Kansas Gas Service service KMEA - Nearman electricity , Bradley A/C & Heating limit switch for heater KACM membership

6 Record of Ordinances DATE WARRANTS ISSUED: Page No. 2 March 31, 2011 CLAIMANT NATURE OF CLAIM OR SERVICE CLAIM AMOUNT NUMBER Kansas City Power & Light service Kansas Gas Service services , One Man Appliance Repair repaired compressor Ricoh Americas Corp. copier lease Suddenlink internet Bradley A/C & Heating replaced belt Centurylink long distance Centurylink services , Centurylink RTU's Kansas Dept of Revenue CMB stamp tax KMEA - Hydro hydroelectric , KMEA - GRDA electricity , Lybarger Oil, Inc. fuel , Osawatomie Chamber of Commerce appropriation , Osawatomie Recreation Commission tax appropriation , Pitney Bowes postage meter lease Sprint service Suddenlink internet Brad Waggoner dish network - 6 months Wal-Mart Community painting supplies William Morris Endeavor Entertain entertainment for JB Jamboree , Postmaster utility billing , City of Osawatomie petty cash reimbursement , GO 150, WT 25, EL 201, Emp Bn 20, Refuse 31, Rec 7, RF 6, Ind 1, St Imp 3, Sewer 137, Rec Bn GC 13, Trsm 4, ,475.72

7 Record of Ordinances ORDINANCE NO DATE WARRANTS ISSUED: Page No. 1 April 14, 2011 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 Airgas Mid South, Inc. oxygen cylinder Altec Industries, Inc. hydraulic oil American Safety Utility Corporation electric line supplies American Textile Mills grease wipes Analytical Services, Inc. analytical service Auten Pharmacy battery for tape recorder Baker & Taylor books BG Consultants, Inc. street improvements , Blue Book Law Enforcement Director blue books Board of Police Commissioners alert system user charges Bollings Bargain Bonanza gloves, paper, misc Brewer's Automotive Repair batteries, diagnostic Void Void Brown's Hardware supplies BTU Services, Inc. degreaser, drain opener , Burbach Aquatics, Inc. swimming pool project C & G Merchants Supply, Inc. candy bars, chips Champion Brands, LLC oil, supplies Coleman Equipment, Inc. backhoe repair, backhoe rental , Copy Products, Inc. copy overage Crash Technology Group connected to server Cummins Central Power, LLC sweeper parts Demco office supplies, books Digital Graphics toner Electronically Speaking flash drive, supplies Employee Screening Services drug testing Entersect Police Online entersect police online Environmental Laboratories, Inc. analytical service Void Family Center dog food, supplies Richard M. Fisher, Jr. LLC Court Appointed Attorney Fort Bend Services, Inc. polymer Fort Scott Community College school - surface water treatment Future Design Controls keypad Galls siren, drug testing kits Gerken Rental tiller rental, portable restrooms Grainger drill set Hanes Florist & Greenhouse flowers, plant Helena Chemical Co. chemicals, mole bait ,353.80

8 Record of Ordinances DATE WARRANTS ISSUED: Page No. 2 April 14, 2011 CLAIMANT NATURE OF CLAIM OR SERVICE CLAIM AMOUNT NUMBER Holland Supply, Inc. markers for cemetery sec. four , Huber & Associates, Inc. remote support Infilco Degremont, Inc. UV jackets JCI Industries, Inc. grinder pump, repair pump controls , JK Enterprises pesticide John Deere Landscapes fescue Ka-Comm, Inc. checked siren Kansas One Call Concepts locates Kansas State Treasurer training funds Killough Construction, Inc. asphalt Kincaid Ready Mix concrete , Void Kriz-Davis Co. electric line supplies , Lacal Equipment, Inc. hoses Logan Contractors Supply, Inc. paint, flags Louisburg Ford Sales, Inc. manifold assy, battery Martin Pringle Attorneys at Law City Attorney , McMaster-Carr jet pump Miami Co. Highway Dept. bridge plank Miami County Register of Deeds copies Miami Lumber, Inc. lumber Mid-States Energy Works, Inc. replace regulator board , Mississippi Lime hydrated lime , Void Moon's IGA supplies Navrat's Office Products ink cartridges Navrat's deposit receipts NEKLS shared automation, barcodes , Neptune Chemical Pump Co. replacement parts for pump Void Nicholson Law Office, LC court appointed attorney NPG Newspapers, LLC northland leases O'Reilly Auto Parts brush Old Dominion Brush brushes Oil Patch Pump & Supply, Inc. brass bushing, coupling Olathe Winwater Works water meter , The Osawatomie Journal ads Pepsi Beverages Company Pepsi Prestige Flag flags for Golf Course Price Bros. Equipment Co. temperature sender Public Agency Training council seminar Quill office supplies R & R Products, Inc. trash containers, supplies Recorded Books, LLC books Regency Coffee & Vending coffee

9 Record of Ordinances DATE WARRANTS ISSUED: Page No. 3 April 14, 2011 CLAIMANT NATURE OF CLAIM OR SERVICE CLAIM AMOUNT NUMBER GS Robins chemicals , Royal Metal Industries, Inc. channel locks Ruan Logistics Corp. freight for lime , Rural Water District No. 1 services Rural Water District No. 3 ETI water Sawvel and Associates, Inc. consulting services , Stanion Wholesale Electric electric line supplies Supercircuits, Inc. hard drive Superior Lamp lights T & R Electric pad mount transformers , Debbie Talley Memorial Hall janitorial TFMComm, Inc. tech labor Your Place support agreement Tri County Ice ice machine Upstart T-shirts VanWall Company spray nozzles Viking Industrial Supply trash bags, paper goods Wade Quarries rock Wilson & Company levee assessment , John A. Wilson court appointed attorney Wingfield Solutions, LLC pesticides, fertilizer , Winkler, Domoney & Schultz Municipal Court Judge , Void Void Void Winterscheid Auto Parts parts YMCA City share wellness program Zep cleaning supplies , GO 27, WT 30, EL 14, Library Ind Sp Pks St Imp 3, Sewer 5, GC 8, ,310.46

10 (Published in The Osawatomie Journal on April, 2011) ORDINANCE NO. AN ORDINANCE AUTHORIZING STREET IMPROVEMENTS WITHIN THE CITY OF OSAWATOMIE, KANSAS PURSUANT TO K.S.A to ; AND ISSUANCE OF BONDS OR NOTES OF THE CITY TO PAY A PORTION OF THE COSTS THEREOF. WHEREAS, K.S.A through (the Act ) authorizes the governing body of any city to pass an ordinance designating and establishing existing or proposed streets, boulevards, avenues or parts thereof located within the city as main trafficways, the primary function of which is, or shall be, the movement of through traffic between areas of concentrated activity within the city or between such areas within the city and traffic facilities outside the city performing the function of a major trafficway; and WHEREAS, pursuant to the Act and Ordinance No (adopted December 8, 2005), the City of Osawatomie, Kansas (the City ) has designated the following streets as main trafficways under the Act: Pacific Avenue between 14 th Street and 12 th Street; 14 th Street between Pacific Avenue and Main Street; and Brown Street between 18 th Street and 14 th Street; and WHEREAS, the Act authorizes the City to make improvements to designated main trafficways in the City; and WHEREAS, the City has determined it necessary to construct and reconstruct Pacific Street from 12 th Street to 14 th Street, 14 th Street from Pacific Street to Main Street, and Brown Street from 14 th Street to 16 th Street, with such improvements to include construction of a 32 wide asphalt street, concrete curbs, gutters, sidewalks, related storm water improvements and all other things necessary thereto, according to plans and specifications previously approved by the governing body and City staff (the Project ), and to issue general obligation bonds or temporary notes of the City to pay part of the estimated costs of the Project. NOW BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OSAWATOMIE, KANSAS: Section 1. The Project is authorized and directed to be completed pursuant to the Act. Section 2. The estimated total cost of the Project is $1,500,000, and such costs are authorized to be paid by the city-at-large through the issuance of general obligation bonds of the City in the estimated amount of not to exceed $1,000,000, as provided by the Act, and from the proceeds of a CDBG grant to the City in the amount of $500,000. Temporary Notes of the City may be issued to pay a portion of the costs of the Project until the general obligation bonds authorized by this Ordinance may be issued. This Ordinance shall constitute a declaration of official intent pursuant to U.S. Treasury Regulation, TWG REF: Main Trafficway Project

11 Section 3. This ordinance shall be in full force and effect after its passage by the governing body of the City and publication one time in the official City newspaper. ADOPTED AND APPROVED by the governing body of the City of Osawatomie, Kansas on April 14, CITY OF OSAWATOMIE, KANSAS [seal] By Philip A. Dudley, Mayor ATTEST: By Ann Elmquist, City Clerk TWG REF: Main Trafficway Project

12 EXCERPT OF MINUTES The governing body of the City of Osawatomie, Kansas met in regular session, at the usual meeting place in the City on April 14, 2011, at 7:00 p.m., with Mayor Philip A. Dudley presiding, and the following members of the governing body present: The following members were absent: Among other business, there came on for consideration and discussion the following: AN ORDINANCE AUTHORIZING STREET IMPROVEMENTS WITHIN THE CITY OF OSAWATOMIE, KANSAS PURSUANT TO K.S.A to ; AND ISSUANCE OF BONDS OR NOTES OF THE CITY TO PAY A PORTION OF THE COSTS THEREOF. After discussion, upon motion by, seconded by, the Ordinance was passed by a majority of the members elect. The Ordinance was assigned No.. **** TWG REF: Main Trafficway Project

13 CITY CLERK S CERTIFICATION OF EXCERPT OF MINUTES I hereby certify that the foregoing is a true and correct Excerpt of Minutes of the April 14, 2011, regular meeting of the governing body of the City of Osawatomie, Kansas. [seal] Ann Elmquist, City Clerk TWG REF: Main Trafficway Project

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32 NEW BUSINESS C.1. C.2. C.3. Election Results Administer Oath of Office The City Clerk will read the results of the election and administer the oath of office to the newly elected members of the Governing Body. Elect Council President and Vice President The Council needs to elect a president to preside in the absence of the mayor and also a vice president. Appointments RESIGNATIONS: Planning Commission Board of Zoning Appeals Tourism Committee Mike Packard to replace Chris Troxel Mike Packard to replace Chris Troxel Phyllis Sharp to replace Steve Clark EXPIRATION OF TERMS: Library KMEA Board of Directors Sarah Dorsett Director #1 City Manager has been serving Alternate Mayor has been serving COUNCIL LIAISONS (served this past year): Economic Development Library Board Planning Commission Public Safety Advisory Board Recreation Commission Tourism Committee Ted Hunter & Karen LaDuex Karen LaDuex Lawrence Dickinson Mike Moon Larry Ratley Ted Hunter

33 PROCLAMATION Fair Housing Month Issued by the Mayor City of Osawatomie WHEREAS, the Congress of the United States passed the Civil Rights Act of 1968, of which Title VIII declared that the law of the land would now guarantee the rights of equal housing opportunities; and WHEREAS, the City of Osawatomie is committed to the mission and intent of Congress to provide fair and equal housing opportunities for all, and today, many realty companies and associations support fair housing laws; and WHEREAS, the Fair Housing groups and the US Department of Housing and Urban Development have, over the years, received thousands of complaints of alleged illegal housing discrimination and found too many that have proved upon investigation to be violations of the fair housing laws; and WHEREAS, equal housing opportunity is a condition of life in our City that can and should be achieved, NOW, THEREFORE, I, Philip A. Dudley, Mayor of the City of Osawatomie, on behalf of its citizens, do hereby proclaim the month of April as FAIR HOUSING MONTH And express the hope that this year s observance will promote fair housing practices throughout the City. Proclaimed this 14th day of April, Philip A. Dudley, Mayor City of Osawatomie

34 ARBOR DAY PROCLAMATION WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS, 2011 is the 139th anniversary of the holiday and Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community, and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal, and NOW, THEREFORE, I, Philip A. Dudley, Mayor of Osawatomie, do hereby proclaim April 30, 2011 as the 139 th anniversary celebration of ARBOR DAY in the City of Osawatomie, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. Proclaimed this 14th day of April, Philip A. Dudley, Mayor

35 Proclamation Issued by the Mayor of Osawatomie WHEREAS, The American Occupational Therapy Association has declared the month of April 2011 to be known as Occupational Therapy Month; and WHEREAS, Life Care Center of Osawatomie is observing and celebrating Occupational Therapy Month to recognize those professionals; and WHEREAS, The profession of occupational therapy makes valuable contributions in helping people "Live Life to Its Fullest" after an illness or injury; and WHEREAS, The services of occupational therapy are available to citizens of Osawatomie through Life Care Center; and WHEREAS, The health and productivity of our citizens depend upon the effective use of health care resources, including the important services of occupational therapists and occupational therapy assistants; and WHEREAS, the City of Osawatomie is proud and honored to have Life Care Center of Osawatomie serving the community; and NOW, THEREFORE, I, Philip A. Dudley, Mayor of the City of Osawatomie, on behalf of its citizens, do hereby proclaim the month of April, 2011 as Occupational Therapy Month and call upon all citizens to recognize the achievements and significant contributions of these valued health professionals. Proclaimed this 14th day of April, Philip A. Dudley, Mayor

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43 OSAWATOMIE CITY COUNCIL WORK SESSION / MEETING AGENDA April 28, :00 p.m., Memorial Hall WORK SESSION 1. Pool Hours of Operation for Zoning Regulations / Building Codes: General Requirements for BZA and PC Members Possible Changes to Refer to the Planning Commission 3. Public Safety: Drug Dog Program PSAB with Mike 4. Council Retreat REGULAR MEETING 7:30 p.m. A. Call to Order B. Roll Call C. Approval of Agenda 1. Executive Session personnel matter of nonelected personnel D. Adjournment of Regular Meeting

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