OSAWATOMIE CITY COUNCIL MINUTES December 13, 2007

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1 Osawatomie, Kansas. December 13, The Council meeting was held in Memorial Hall. Mayor Dudley called the meeting to order at 7:00 p.m. Council members present were Dalton, Hunter, Kaempfe, Klein, LaDuex, Maichel, McGee, and Walmann. Also present were City Manager Glendening, City Attorney Wetzler, and City Clerk Elmquist. Visitors were Ruby Law, Grady & Cinda Atwater, Mike & Kellie Firley, Tom & Linda Chancellor, Kenneth Diehm and Jeff Gulley. CONSENT AGENDA. Approval of the Minutes of November 8 and November 15 Meetings, approval of December 13 Agenda, and approval of Appropriation Ordinances & 07-22, and approval of CDBG #06-PF-536 Pay Request No. 19. Motion made by Hunter, seconded by LaDuex to approve Appropriation Ordinances & and approve CDBG #06-PF-536 Pay Request No. 19. Yeas: All. Public Participation; Presentations: None Public Hearings: None Unfinished Business: SIGN 2008 IBEW UNION AGREEMENT. Motion made by Walmann, seconded by LaDuex to authorize the Mayor to sign the Union Agreement. Yeas: All. New Business: APPOINTMENTS. Board of Zoning Appeals Planning Commission Recreation Commission Tourism Committee Mark Marquis Chris Troxel Mark Marquis Chris Troxel DJ Needham Lewis Case Motion made by Hunter, seconded by Maichel to approve the appointments. Yeas: All. APPROVE CEREAL MALT BEVERAGE LICENSES FOR Cereal Malt Beverage licenses expire December 31, The following renewals were considered: Casey s General Store East Main Casey s General Store 6 th & Parker Hayden & Hayden, LLC (Oz Mart) Moon s IGA Osawatomie Golf Course Pizza Hut Quick Stop Tailgators Motion made by Maichel, seconded by McGee to approve the licenses. Yeas: All

2 CONSIDER APPROVAL OF FEES RESOLUTION. Motion made by Hunter, seconded by Maichel to approve Resolution No Yeas: All DISCUSSION OF BUDGET AMENDMENT HEARING. City Manager Glendening said again that he had told the Council that many of the expenditure line items in the 2007 budget simply were not realistic. The reasons for the increases were basic costs exceeding budget, new equipment, additional transfer, loan, proper identification of expenses, and the flood. Hearing will be held at the December 20 Council meeting. Council Members Concerns/Issues: Hunter: Tourism Committee: Vesper s Service at 7:00 p.m. Saturday at the Old Stone Church and helping with Kansas Day at the high school. Saw the City crews out working during the ice storm. LaDuex: Christmas in the Cabin went well; pleased with the attendance. Klein: Apologized for begin gone due to talking classes, passed his plumbing test, and is now certified. May take additional education and may fall on Thursdays again. Received a letter from Kim Matney. Mayor Dudley directed staff to get a copy to everyone and put on the next work session agenda. Maichel: Thanked the Trojan and Swenson elementary school for the efforts they did for the Christmas trees. It was a valiant effort for everybody to make sure everybody got a tree that were a flood victim. Credit also goes to The Osawatomie Graphic for allowing use of their facility where people could take donated items. Asked for the Council to sign Christmas cards that said thank you to the elementary schools, Salvation Army, City departments, etc. in acknowledgement for all their hard work. YARCO, the owner of Lom Vista, said the first tenants should start moving back in the end of January, first of February. Started another committee to help the flood victims; want to help people get back into their homes. Understood the ECKAN houses on Third Street were going to be turned back over to the City. City Manager Glendening said ECKAN is working in that direction. The long term relief committee, Miami County Relief Disaster Assistance, has voted on their by-laws and moving towards helping several families that still need help. Mayor s Report: Also noticed the City crews working long and hard over the weekend. Appreciated the efforts of all the City employees through the ice storm. Thank goodness that over the past the City has taken some proactive steps by trimming trees off lines. Thanked the Police Department. They have had some interesting situations over the past year especially with the flood. The sewer project seems to be going along

3 Wished everyone happy holidays, merry Christmas and a happy new year. Appreciates the diligence of the Council with the work individual members have done over the past year. A lot of people put in a lot of hours and weren t recognized for it. Really appreciated the effort and thoughtfulness. Walmann said there is a new business coming to town. The Cook boys, Andy and Kevin, are opening up shop as chiropractors at 1 st and Main. McGee said her sister lives in Oklahoma and there are people without electricity. One thing that makes her feel comfortable in this town is knowing that the City has electric crews right here that can help and take care of things. Mayor Dudley said with mutual aid agreements that if the City was in that situation there would be a lot of help and sure City crews have helped other jurisdictions. City Manager Glendening said actually only one of the crew is in town right now. Dave Stewart and Terry Upshaw were sent to Holton to help get their distribution system back up and running. Left yesterday and coming back tomorrow afternoon. None of them were on the Line Crew during the last ice storm so it not only gives the City a chance to help out another community; it also gives them experience. Also helps the City feel good about our help because the community had so much help during the summer. It s nice to know that the City is doing all it can do to help another community. City Manager s Report: 523 Chestnut. An individual has offered to purchase the property, which was accepted by the trustee. The bankruptcy court will give public notice that if there is any objection, it is to be filed with the bankruptcy court and the trustee before December 28, If there are objections, there will be a public hearing in 2008 at which point it is hoped this sale will be finalized. As part of that document the initial nuisance items that were made clear to Mr. Weaver and the court will have to be taken care of. In addition to that the buyer will have to make the property habitable, which means they will have to work with the City. Discussed with the building inspecting department that when the buyer comes for their building permit, the City will ask for a walk through of the property and identify other areas that may or may have not have been caught in the initial plan to rehab the house. Thinks it s a sign of progress; taken a lot longer than the Council anticipated. Flood Update. The US Congress has removed all earmarks requested to be set aside in the 2009 Federal Budget. Some of those earmarks included additional portable trash pumps, riprap for the levee structure along the Pottawatomie Creek, a hydrology study for the ponding areas, and among other smaller items, rolling gates for the levee. It was suggested to resubmit the requests for the 2010 process, which will begin this spring. Sewer Project Update. Most of the work done to date has been spot repairs. There has been some scheduled full replacement and some pipe bursting. Northland Update. When receive the detailed cost estimates to the southeast parcel, will bring a Request for Proposals to the Council

4 Purchase of Lot on Pacific for Future Library Use. The City successfully purchased the vacant lot behind the Library. Purchase price was approximately $1,900. New Municipal Court Judge. Sent out to all attorneys in Miami County inviting them to submit their suggestions for an overhaul of the City s municipal court system as well as their proposed fees for services. Sheila Shultz has accepted the position. Court will be meeting every Wednesday morning beginning in January. Motion made by Hunter, seconded by LaDuex at 8:17 p.m. to recess into executive session for personnel matter of nonelected personnel for a period of 5 minutes. Meeting reconvened at 8:25 p.m. No action taken. Motion made by LaDuex, seconded by Hunter at 8:25 p.m. to recess into executive session for preliminary discussions relating to the acquisition of real property for a period of 15 minutes. Meeting reconvened at 8:40 p.m. Motion made by Walmann, seconded by Maichel at 8:40 p.m. to extend the session for a period of 20 minutes. Yeas: All. Kaempfe left the meeting at 8:40 p.m. Maichel left the meeting at 8:55 p.m. Meeting reconvened at 8:56. No action taken. Motion made by Hunter, seconded by LaDuex to adjourn. Yeas: All. Osawatomie, Kansas. December 20, The Council meeting was held in Memorial Hall. Mayor Dudley called the public hearing to order at 7:00 p.m. Council members present were Hunter, Kaempfe, Klein, LaDuex, Maichel, McGee, and Walmann. Absent was Dalton. Also present were City Manager Glendening and City Attorney Wetzler. Visitors were Mike & Kellie Firley, Ruby Law, Marty Gish, Web Hawkins, Ivy Wagner, Janet McRae, Mark Fuchs, Rich Caplan, and Jeff Gulley BUDGET AMENDMENT HEARING. Mayor Dudley opened the hearing. Published amendments were: Adopted Budget Proposed Amendment General $1,760,821 $1,948,493 Electric $3,099,831 $3,223,797 Employee Benefits $ 466,667 $ 492,004 Recreation $ 99,855 $ 136,066 Special Parks/Rec $ 5,338 $ 11,205 Public Safety Equip. $ 11,386 $ 21,094 Tourism $ 6,000 $ 15,472 Disaster Fund $ 0 $ 985,

5 There being no comments Mayor Dudley closed the hearing at 7:03 p.m. Osawatomie, Kansas. December 20, The Council meeting was held in Memorial Hall. Mayor Dudley called the meeting to order at 7:30 p.m. Council members present were Hunter, Kaempfe, Klein, LaDuex, Maichel, McGee, and Walmann. Absent was Dalton. Also present were City Manager Glendening and City Attorney Wetzler. Visitors were Mike & Kellie Firley, Ruby Law, Marty Gish, Web Hawkins, Ivy Wagner, Janet McRae, Mark Fuchs, Rich Caplan, and Jeff Gulley. APPROVAL OF AGENDA. Added approval of an appointment. Motion made by Hunter, seconded by LaDuex to approve the agenda as amended. Yeas: All. ADOPTION OF 2007 BUDGET AMENDMENTS. Motion made by LaDuex seconded by Maichel to accept the budget amendments. Yeas: All. APPOINTMENTS. Planning Commission Doug Whitney Motion made by Walmann, seconded by LaDuex to approve the appointment. Yeas: All. Motion made by LaDuex, seconded by Hunter to adjourn. Yeas: All