The following are subject to modification and are not official minutes until approved by the Governing Body.

Transcription

1 The following are subject to modification and are not official minutes until approved by the Governing Body. CITY OF COLWICH, KANSAS CITY ADMINISTRATIVE CENTER 310 S. 2 ND STREET REGULAR COUNCIL MEETING 7:00 P.M. SEPTEMBER 12, CALL TO ORDER Mayor Terrence D. Spexarth on Monday, September 12, 2005 at 7:00 p.m. called the regular monthly meeting of the Colwich City Council to order. ATTENDANCE Mayor Terrence D. Spexarth Councilmembers Present Paul Kear John Weber Shawna Glasscock Julie McLain Doyle Dodd Staff Present Brian Boutwell, City Engineer; James Martin, Maintenance Superintendent; Randy Slaughter, Fire Chief; Mark Hinkle, Police Chief; Alison McKenney Brown, City Attorney; and Diana Brooks, City Clerk. PLEDGE OF ALLEGIANCE Mayor Spexarth led the audience, staff and Council in the Pledge of Allegiance. 1. VISITORS A. Discussion regarding the sale of alcohol and cereal malt beverages on Sunday Kenneth Kraus, Kraus Foods Mayor Spexarth stated that Mr. Kenneth Kraus had not arrived and introduced Ms. Nancy Chaddick, Colwich Discount Liquor. Ms. Chaddick requested that the Council allow Sunday liquor sales. She detailed the protest period required by ordinance, the hours businesses could operate, and the holidays liquor stores could be open being different for cereal malt beverage retailers.

2 B. Review of the request to adopt Charter Ordinance No. 22 regarding the sale of alcohol and cereal malt beverages on Sunday Councilman Dodd moved that the Council adopt Charter Ordinance No. 22 relating to Sunday sale of alcohol. Councilwoman Glasscock second the motion. There was no discussion. Upon a roll call vote the motion carried 5-0. Mayor Spexarth requested that the City Clerk send a copy of the Charter Ordinance to all applicable business owners. C. Discussion of water drainage between Colwich and Andale Jim Michael Mayor Spexarth introduced Mr. Jim Michael and Mr. Matt May, Andale Chamber of Commerce. Mr. Matt May reviewed the history of the development of the Andale Watershed, the building of a retention dam in Andale to control flooding, the development of the Cowskin Basin Project, and the need to build a coalition of communities in the watershed within the Cowskin Basin Project area. Mr. Jim Michael, Consultant, presented a 10-minute DVD program, requested a letter of support be written to Commissioner Tom Winter asking for the County Commissioners to support the development of a coalition, and questioned if the Council wanted to assign the Mayor or someone else to participate in the meetings. The consensus of the Council was for the City Clerk to draft a letter for Mayor Spexarth s signature to Commissioner Winter and authorize the Mayor to be the city s representative at the coalition meetings. 2. CITY ATTORNEY A. Review of the request to adopt Ordinance No. 548 amending the animal control ordinance Ms. Alison Brown, City Attorney, reviewed that the same residents were being found guilty and charged multiple times for dogs running at large. She stated that the Municipal Court judge was asking for a change in the code to make animals running at large a Class C misdemeanor offense. There was extensive discussion regarding cats running at-large, how to control them, the relinquishing of cats to Sedgwick County Animal Control at a cost of $29.00 per cat, and the changes to the ordinance to deal with the same repeat offenders. The ordinance died due to lack of motion. 2

3 3. CITY ENGINEER Mr. Brian Boutwell, City Engineer presented three sketch drawings from Dave Wells with Jeff Krehbiel and Associates for the Council s review. He stated that the drawings were conceptual, that the shape and location of the detention pond was determined based on the permits issued by KDHE. He requested that the Council review the sketch plans and hold a kick off meeting to give direction on the plans for the park. There was discussion regarding the access points, the drainage system from Abengoa, screening along 53 rd Street, a possible berm to block the alcohol plant, and the various amenities open for change. A. Review of the drainage along North 2 nd Street Mr. Brian Boutwell, City Engineer, reviewed the drainage on North 2 nd Street stating suggesting a ditch be dug on the west side of 2 nd Street from Wichita Ave. to the alley, cross under the street to the east and a ditch dug to drain north and then east to the discharge inlet on First Street. Councilman Weber questioned if Mr. Boutwell had reviewed the nitrate levels. Mr. Boutwell stated that he had reviewed them and they would be discussed at the meeting with Groundwater Management next week. Mayor Spexarth stated that the Maintenance Department would be checking the levels once a month. 4. CONSENT AGENDA A. Approval of the minutes of the regularly scheduled Council meeting of August 8, 2005 B. Approval of the minutes of the special Council meeting of August 16, 2005 C. Approval of the minutes of the special Council meeting of September 6, 2005 D. Approval of the accounts payable for September, 2005 E. Approval of the financial statement for August, 2005 Councilman Kear moved that the Council approve the consent agenda A-E. Councilman Dodd second the motion. There was no discussion. Upon a call vote the motion carried 4-0 with Councilwoman Glasscock abstaining from items B and C due to being absent from the special meetings. 5. FIRE DEPARTMENT, GRANTS, RADIO AND PAGERS COUNCILMAN DODD Mayor Spexarth amended the agenda to Street, Maintenance and Disc Golf as Chief Slaughter had not arrived. 3

4 Chief Randy Slaughter reported that the new squad was scheduled for manufacturing today; and that he was working on the bid specifications for the new fire truck. He stated that the bids were due October 7 th for approval at the Council meeting. Ms. Diana Brooks, City Clerk stated that the bids should come to the City Clerk s office, by a designated date and time, in sealed envelopes to be opened and read aloud at the Council meeting on October 10 th. Chief Slaughter recognized the Police Explorers for their work in painting of the fire hydrants. A special meeting was scheduled for October 17 th at 7:00 p.m. to award the bid and review the personnel policies. 6. STREETS, MAINTENANCE & DISC GOLF COUNCILMAN KEAR Mr. James Martin, Maintenance Superintendent, presented his monthly report. Mr. Martin recapped the recycling and its growth; the routine for mosquito spraying; the sod donated for the water meter barrel at the park from Cramner Grass and installed with the assistance of Brian Guy. Councilwoman McLain questioned if the picnic tables were being refurbished. Mr. Martin stated the tops and seats were being replaced. Mr. Martin requested to attend a road workshop in Hutchinson at a cost of $ Councilman Kear moved that the Council approve the Maintenance Superintendent to attend a road workshop at a cost of $ Councilman Dodd second the motion. There was no discussion. Upon a call vote the motion carried 5-0. Mr. Martin requested to purchase a better quality chemical for mosquito spraying and a case of mosquito dunks. Councilman Kear moved that the Council approve the purchase of a case of mosquito dunks and 10 gallons of the better quality chemical for mosquito spraying. Councilman Dodd second the motion. There was no discussion. Upon a call vote the motion carried 5-0. There was discussion regarding who was responsible for weeds and tree limbs in allies and along streets. Councilwoman McLain stated she discussed the trees needing trimmed in Country Hill Addition. The Homeowners Association would like to wait until the leaves fall in order to prune the tree in an ornamental fashion. It was decided that the property owners were responsible for cutting down weeds and trimming tree limbs. There was discussion regarding the need to open a dumpsite for tree limbs. There was discussion regarding the closing of the road to the old sewer plant and that in the past the Hemmen s had been supportive of closing the road. 4

5 It was decided to schedule chipping of tree limbs on Saturday, November 19, 2005 from 9 a.m. to 12 noon. Councilman Kear indicated that there may be a fee for using the chipper. Mayor Spexarth returned to item number 5 Fire Department 7. WATER AND SEWER COUNCILMAN WEBER There was no further discussion. 8. PARKS, GROUNDS KEEPING, INFORMATION SIGN COUNCILWOMAN MCLAIN Councilwoman McLain expressed concern that most of the participants in the recycling program were older adults and there were not many young families involved. She asked Councilwoman Glasscock if she would approach HSO to promote the program. There was discussion regarding the recycling programs in other communities and the grants available through the State of Kansas. Councilwoman McLain stated that she would have a booth at the Heritage Festival to highlight what the City has done, the park land, and other miscellaneous items of interest to the public. Councilwoman McLain requested that the Mayor appoint Joy Scott to the Planning Commission to replace Kathy Huhman. Councilwoman Glasscock moved that the Council approve the appointment of Joy Scott to the Planning Commission. Councilman Dodd second the motion. There was no discussion. Upon a call vote the motion carried ADMINISTRATION AND CITY CLERK MAYOR SPEXARTH 1. Administration A. Review of the recommendation to appoint a new Library Board member and new Assistant Library Director Mayor Spexarth stated that the Library Board was recommending the appointment of Brenda Weber to the Library Board and Anacleta Mannebach as Assistant Library Director. Councilwoman Glasscock moved that the Council uphold the recommendation of the Library Board and appoint Brenda Weber to the Library Board and Anacelta Mannebach as the Assistant Library Director. Councilman Dodd second the motion. There was no discussion. Upon a call vote the motion carried

6 B. Discussion of the expenditure authority of the staff department heads Mayor Spexarth reminded the Council of the discussion at the special Council meeting on September 6, 2005 regarding the expenditure authority of the staff department heads. He questioned if the Council wished to increase the expenditure authority from $100 to a higher amount. Councilwoman McLain expressed support for increasing the amount to $250 or $300. Mayor Spexarth suggested that the staff department heads be allowed to approve training that is within the expenditure amount. Councilman Kear stated that as long as travel out of state was not involved. There was extensive discussion regarding training opportunities that arise between Council meetings, the authority of the Councilmembers to approve expenditures outside Council meetings, and the need for the staff department heads to have a City issued credit card. There was further discussion regarding the need to secure hotel accommodations and payment thereof with a credit card number; the need for proper tracking and turning in of receipts; and the policing of the invoices with discrepancies brought to the attention of the Mayor for follow-up. The history of the credit card issued for the Mayor and City Clerk to cover purchases for City activities and the City Clerk going to various trainings and seminars representing the City throughout the state. The Council discussed the need to draft an agreement for the department heads to sign stating that if they did not have a receipt for a purchase charged to the credit card the cost would be taken from their next paycheck. Ms. Brooks requested that the charging of fuel continue to be charged to the fuel credit card for the proper accounting of the fuel excise tax unless the department head was out of the City on training. Councilman Dodd moved that the Council approve the issuance of credit cards to the staff department heads with a $500 spending limit and the raising of the expenditure authority to $250. Councilman Kear second the motion. There was no discussion. Upon a call vote the motion carried 5-0. Mayor Spexarth requested to amend the agenda to discuss item C under unfinished business. 6

7 Mayor Spexarth stated that he had contacted Wichita Door Control to assure that the opener bid was comparable to what was bid by the other vendors. Councilman Kear moved that the Council approve the purchase of the automatic door controller from Wichita Door Control. Councilman Dodd second the motion. There was no discussion. Upon a call vote the motion was approved 3-2 with Councilmembers McLain and Glasscock voting nay. C. Review of the information meeting scheduled for the Crocker Ave. project 2. City Clerk Mayor Spexarth reminded the Council of the grant application sent in for improving Crocker Ave, and informed them of an information meeting that would be held at ICM, on Tuesday, September 27 th at 7:00 p.m. He stated that letters were mailed to interested property owners informing them of the meeting and to solicit approval and participation in paying for their portion of the cost for improving the street and drainage systems. Mayor Spexarth invited the Councilmembers to be present to hear the comments. A. Review of the request to approve Resolution No. 410 a Resolution of Support of the submission of a refunding grant for the pedestrian bicycle pathway Ms. Diana Brooks, City Clerk requested that the Council approve Resolution No. 410 a resolution of support for the submission and funding of the pedestrian bicycle pathway through Transportation Enhancement funding with the State of Kansas. Mayor Spexarth reminded the Council that the application was denied last year due to the path not connecting to another path or planned path. She stated that she would be enhancing the narrative to show the growth of the area and potential for connection in the future. Councilwoman Glasscock moved that the Council approve Resolution No Councilman Kear second the motion. There was no discussion. Upon a call vote the motion carried 5-0. B. Review of the request to attend the League of Kansas Municipalities meeting in Wichita, KS October 9-11, 2005 Ms. Brooks requested permission to attend the League of Kansas Municipalities meeting in Wichita October 9-11, 2005 and questioned if 7

8 A. Library any of the Council wanted to attend. Councilwoman Glasscock requested to attend the meeting along with the City Clerk. Councilman Dodd moved that the Council approve Councilwoman Glasscock and the City Clerk to attend the League of Kansas Municipalities meeting in Wichita. Councilman Kear second the motion. There was no discussion. Upon a call vote the motion carried 5-0. C. Review of the request to designate a voting delegate to the League of Kansas Municipalities conference in October Ms. Brooks explained that each year the League of Kansas Municipalities requires the designation of a voting and alternate delegate for the business session. Councilwoman Glasscock moved that the Council approve the City Clerk as the voting delegate and herself as the alternate. Councilman Kear second the motion. There was no discussion. Upon a call vote the motion carried POLICE DEPARTMENT & LIBRARY COUNCILWOMAN GLASSCOCK 1. Review of the monthly report B. Police Department Ms. Nancy Maus, Library Director was unable to be present due to having knee surgery. Mayor Spexarth reported that the City sent flowers to the director and received a thank you note. 1. Police Department Chief Hinkle presented the monthly report. Chief Hinkle requested to purchase DARE supplies in the amount of $200 plus shipping and handling. Councilwoman Glasscock moved that the Council approve the purchase of DARE supplies in the amount $200 plus shipping and handling. Councilman Weber second the motion. There was no discussion. Upon a call vote the motion carried

9 Chief Hinkle requested to attend the annual Kansas Chiefs of Police Association meeting in Hutchinson at a cost of $75.00 and to use the vehicle. Councilwoman Glasscock moved that the Council approve the Chief of Police to attend the Kansas Chiefs of Police Association meeting at a cost of $75.00 and use of the vehicle. Councilman Dodd second the motion. There was no discussion. Upon a call vote the motion carried 5-0. Chief Hinkle requested to send two officers to an Anti-theft seminar at no cost to the City. Councilwoman Glasscock moved that the Council approve two officers to attend the Anti-theft seminar. Councilman Dodd second the motion. There was no discussion. Upon a call vote the motion carried 5-0. Chief Hinkle requested to send all officers to the Emergency Response training for gas pipelines at no cost to the City. Councilwoman Glasscock moved that the Council approve the sending of all officers who were willing to attend to the Emergency Response training for gas pipelines at no cost to the City. Councilman Weber second the motion. There was no discussion. Upon a call vote the motion carried 5-0. Chief Hinkle explained that the Dell Computer received over four years ago was crashing frequently and requested to purchase a Dell Computer at a cost of $1,174 and detailed the necessary functions and expanded memory to accommodate the programs necessary for reporting to KBI. Councilman Dodd moved that the Council approve the purchase of the Dell Computer to be taken from the local alcohol liquor funds in the amount of $1, Councilwoman Glasscock second the motion. There was no discussion. Upon a call vote the motion carried 4-1 with Councilwoman McLain voting nay. 11. UNFINISHED BUSINESS A. Review of the request to develop an ordinance for the setting of salaries Ms. Brown stated that she was asked to draft a charter ordinance home ruling out from under the requirement to publish salaries of selected positions. Ms. Brooks stated that based on the discussion at the special meeting and the need to develop a pay plan after the first of the year, she asked a charter ordinance be drafted so 9

10 that the City could come into compliance as there was not a published salary ordinance on file. There was extensive discussion regarding the setting of a pay plan, the step levels versus annual increases, and the setting of minimums and maximum ranges to assist in budgeting annual salary increase. Councilwoman Glasscock moved that the Council adopt Charter Ordinance No. 23 relating to home ruling out of the publishing of the salaries. Councilman Dodd second the motion. There was no discussion. Upon a roll call vote the motion carried 5-0. B. Review of the filing of the document with the Register of Deeds for the access Ms. Brown stated that after further research it was determined that the railroad could not grant an easement, but could enter into a contract which was what the city had on file. She stated that the contract could not be filed with the Register of Deeds to run with the land. C. Review of ADA compliant door opener at the City Building This item was discussed earlier in the meeting. D. Review of the old sewer plant property After further review the Council decided to keep the old sewer plant property and consider blocking the road after talking to the Hemmen s to assure this was acceptable. 12. NEW BUSINESS Councilman Weber questioned the sewer and water rate for the old care home facility purchased by the church. Ms. Brooks stated that the rates had not been revised because the use of the building had not been determined. She stated that the apartments were included on the same sewer bill as the care facility. Councilman Weber requested that the City Clerk look into the recreational vehicles placed at the KEG and the convenience store to assure no one was living in the vehicles. Ms. Brooks praised Mr. Gehlen for the manner in which he had complied with the request to clean up his property. She stated that she had one code violation that would be in court in October and several inoperable vehicles to resolve. 10

11 13. ADJOURNMENT There being no further business Councilman Weber moved for adjournment at 10:25 p.m. Councilman Dodd second the motion. There was no discussion. Upon a call vote the motion carried 5-0. Respectfully submitted Diana K. Brooks, City Clerk 11