REGULAR SESSION. Mr. Roberts moved, seconded by Ms. Owen to approve the consent agenda. Motion carried. All present voted in favor of the motion.

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1 City of Great Bend March 2, 2009 REGULAR SESSION The Governing Body met in Regular Session in the City Council Chambers at 7:30 PM. Mayor Allison called the meeting to order with the following present: Councilmembers David Thill, Randy Myers, Allene Owen, Joel Jackson, Dana Dawson, Ken Roberts and Bill Berryman. Also in attendance were City Administrator Howard Partington, Assistant Administrator Nick Gregory, City Attorney Bob Suelter and City Clerk Wayne Henneke. Councilmember Trudy Damon was absent. A. OPENING PRAYER The opening prayer was given. B. CONSENT AGENDA a) Minutes: Minutes of the Regular Session held on February 16, b) Claims Warrant Register # : Covering 2009 bills to date totaling $203, c) Payroll Warrant Register # : Covering the payroll ending February 21, 2009 in the amount of $340, d) Appointments: None Mr. Roberts moved, seconded by Ms. Owen to approve the consent agenda. Motion carried. All present voted in favor of the motion. C. OLD BUSINESS 1. Ordinance No Allowing Limited Housing in the Central Business District: At the February 16, 2009 City Council Meeting a proposal from the Great Bend Planning Commission was presented that would change the zoning to allow limited housing in the Central Business District. It was suggested that the matter be deferred to the next meeting to allow time to study the matter. Mr. Roberts asked how the zoning ordinance addresses parking for the housing in the Central Business District. Assistant City Administrator stated parking in the Central Business District can be a combination of public and private parking. Parking would be discussed on an individual housing request basis. The City Council would make the decision. Assistant City Administrator Nick Gregory stated each floor of any residence within the Central Business District will need to be sprinkled. Mr. Dawson moved, seconded by Ms. Owen to adopt Ordinance No. 4200, an ordinance allowing limited housing in the Central Business District. Motion carried. All present voted in favor of the motion. D. RECOGNITION OF VISITORS AND ANNOUNCEMENTS None E. NEW BUSINESS

2 2. Councilmember Reports: Ken Roberts stated he attended a humane society meeting and the humane society is doing well. They are starting to work on their 2010 Budget. 3. City Administrator s Update: City Administrator Howard Partington updated the Governing Body on current city activities. 4. Economic Development Report: Economic Development Director Jan Peters presented her monthly report. 5. Lease Agreement With the SRCA for Operation of the Drag Strip at Airport: City Attorney Bob Suelter stated the proposed contract is about the same as the expired contract. It has a 5 year term with a possible 5 year extension. SRCA will give periodic reports to the City to discuss any problems that may occur or improvements that may be anticipated or necessary of the operation of the race track. The new tower currently under construction will become property of the City and will be included in the City s property insurance coverage when the construction is completed. Gross receipts shall not include fees derived from advertising signs posted at the facility, entry fees paid by participants or revenues derived from pit stall fee rentals. Hank Denning described to the City Council the new tower construction. They have $89,000 into the tower now and expect to put $21,000 to $22,000 more into it. SCRA is requesting the City to waive SCRA s 2008 rent of $8, to go towards the completion of the tower. Mr. Myers moved, seconded by Ms. Owen to waive the 2008 annual rent of $8, Motion carried. All present voted in favor of the motion. Ms. Owen moved, seconded by Mr. Myers to authorize Mayor Allison to sign the lease agreement with the SRCA for operation of the drag strip at the airport. Motion carried. All present voted in favor of the motion. 6. Tree Trimmer License: Ms. Owen moved, seconded by Mr. Roberts to issue a tree trimmer license to Sky King Bucket & Lift Service. Motion carried. All present voted in favor of the motion. 7. Enterprise Car Rental Request: Airport Manager Martin Miller stated Enterprise Car Rental is requesting that their lease agreement with the city for the space they occupy at the airport be amended to reflect changes in their operation. Currently they pay the city $100 per month plus 2% of sales. They are requesting that the $100 per month be eliminated and the 2% of sales remain in effect. The Airport Advisory Committee met on February 12, 2009 and voted to recommend that the lease agreement be amended to eliminate the $100 per month, but leave in the 2% of sales. The lease has a normal termination date of July, Mr. Roberts moved, seconded by Ms. Owen to eliminate the required $100 per month payment to the City for the balance of the lease agreement with Enterprise Car Rental. Motion carried. All present voted in favor of the motion. 8. Street Light Request: Rock Becker is requesting a street light near the intersection of 6 th and Washington. Engineering Technician Karl Otter studied the intersection and recommends that a street light be installed at that intersection. Karl Otter worked with Wheatland Electric on the proper location for the street light. Mr. Thill moved, seconded by Ms. Owen to adopt Resolution A, a resolution authorizing a street light be

3 installed near the intersection of 6 th and Washington. Motion carried. All present voted in favor of the motion. 9. Sewer Line Replacement Loan Agreement with KDHE: City Administrator Howard Partington stated the sewer line replacement loan with KDHE is for a maximum of $4,600,000 at 3.16% for 20 years. The City will only draw the amount of the loan that is needed for the project. The $4,600,000 is the maximum that can be drawn. Mr. Thill moved, seconded by Mr. Roberts to adopt Ordinance No. 4201, an ordinance authorizing the execution of a loan agreement between the City of Great Bend and the State of Kansas for the purpose of financing a wastewater treatment project. Motion carried. All present voted in favor of the motion. Ms. Owen moved seconded by Mr. Myers to authorize Mayor Allison to sign the loan agreement with KDHE for the sewer line replacement project. Motion carried. All present voted in favor of the motion. 10. Sewer Line Replacement Bids for Phase 1A: City Attorney Bob Suelter stated Esfeld Construction was the low bidder submitting a bid of $503, Mr. Esfeld made an error and wanted to change his bid but it was too late. Mr. Esfeld was told he either had to stand by his bid or withdraw it. He stated he would lose too much money standing by his bid, therefore, withdrew it. City Attorney Bob Suelter stated he felt Mr. Esfeld made an honest mistake. Jamie Goering, PEC, stated the construction was estimated at $1.2 million. Six bids were received. Since the Esfeld Construction bid was withdrawn, the 2 nd low bid is Midland Contracting out of Kearny, Nebraska for a total bid of $783, Mr. Thill moved, seconded by Ms. Owen to award the bid for Phase 1A of the Sewer Line Replacement Project to Midland contracting in the amount of their bid of $783, Motion carried. All present voted in favor of the motion th Street Reconstruction Construction Engineering Agreement with KDOT: City Administrator Howard Partington stated this agreement relates to the inspection of the project. BWR will provide one full time and one-half time inspector for the project and the City will provide an inspector periodically during the 180 working day project. The City will get reimbursed for our inspectors when they are providing inspection services on the project. Mr. Roberts moved, seconded by Ms. Owen to authorize Mayor Allison to sign the construction engineering agreement with KDOT for the 10 th Street Reconstruction Project. Motion carried. All present voted in favor of the motion th Street Reconstruction Bids and Concurrence to Proceed: City Administrator Howard Partington stated KDOT took bids on the 10 th Street Reconstruction Project on February 18, Four bids were received. The apparent low bidder was Pavers Inc. with a bid of $2,930, The engineer s estimate was $3,349,000. The City s share of the project is $345, The City had set aside $500,000 from the ½ cent sales tax to fund this project. Ms. Owen moved, seconded by Mr. Roberts to concur with KDOT on the acceptance of the low bid for the 10 th Street Reconstruction Project. Motion carried. All present voted in favor of the motion. Mr. Thill moved, seconded by Ms. Owen to authorize the submission of our portion of the money for the project. Motion

4 carried. All present voted in favor of the motion. Mr. Myers moved, seconded by Ms. Owen to authorize Mayor Allison and Councilmembers to sign the appropriate paperwork with KDOT for the 10 th Street Reconstruction Project. Motion carried. All present voted in favor of the motion. 13. Stimulus Projects: City Administrator Howard Partington stated Since the American Recovery and Reinvestment Act of 2009 (the Stimulus Bill) was signed into law on February 17, 2009 a number of city staff members have been pouring over information that is being provided by numerous sources. One action that will need to be taken is the submission of the local street project for consideration by KDOT District 5 officials. There is a lot of competition for a share of the $8 million to be distributed in 26 counties. City Administrator Howard Partington stated he talked to Barry McManaman, the state engineer. Safety, economic development, and the street must be on the state map are factors that will be looked at when awarding projects. It is recommended that South McKinley be the street recommended for funding. Mr. Thill asked if the state would take offense at the City for submitting two projects with the first priority being South McKinley. The street recommended for the second project was Broadway between McKinley and Polk. Mr. Roberts moved, seconded by Ms. Owen to authorize the submission of the South McKinley Project to KDOT District 5 officials for their consideration and funding. Motion carried. All present voted in favor of the motion. Ms. Owen moved, seconded by Mr. Roberts to authorize the submission of the Broadway between McKinley and Polk Project to KDOT District 5 officials for their consideration and funding with the understanding the South McKinley Project is the primary project being requested. Motion carried. All present voted in favor of the motion. 14. Request for Traffic Study for Intersection of Broadway and Harrison: Mr. Myers stated he was the person that requested this issue be put on the agenda. He has received comments from people that would like to have a traffic signal at the intersection of Broadway and Harrison. City Administrator Howard Partington stated this has been an issue for many years. The State of Kansas determines the need for traffic control devices. After the State considered the last traffic study for the intersection, they stated a roundabout was warranted for the intersection but not a traffic signal. A new study can be completed and with the new data maybe a traffic signal can be justified. With city staff doing the data collection for the study, the study may cost about $5, Mr. Myers moved, seconded by Joel Jackson to authorize a traffic study for the Broadway and Harrison intersection. Motion carried. Councilmembers Myers, Owen, Jackson, and Dawson voted for the motion. Councilmembers Thill, Roberts and Berryman voted against. F. ADJOURNMENT Mr. Myers moved, seconded by Ms. Owen to adjourn the meeting at 8:49PM. carried. All present voted in favor of the motion. Motion

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