OSAWATOMIE CITY COUNCIL MINUTES February 12, 2009

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1 Osawatomie, Kansas. February 12, 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, Kaempfe LaDuex, Moon and Walmann. Absent were Dalton, Klein, and Maichel. Also present were City Manager Glendening, City Attorney Wetzler and City Clerk Elmquist. Visitors were Robert Kerr and Kevin Gray. CONSENT AGENDA. Approval of the minutes of January 8 Meeting, approval of February 12 Agenda, and approval of Appropriation Ordinances 08-25, 09-1 & Motion made by Hunter, seconded by LaDuex to approve the minutes of January 8 Meeting and the February 12 Agenda with additions. Yeas: All. Motion made by LaDuex, seconded by Dalton to approve Appropriation Ordinances 09-3 & Yeas: All. Public Participation; Presentations: None Public Hearings: None Unfinished Business: APPROVE INVOICES FOR SEWER IMPROVEMENT GRANT REQUEST NO. 33. Motion made by Hunter, seconded by LaDuex to approve Request No. 33. Yeas: All. APPROVE PAY REQUEST NO. 6 FOR HOUSING DEVELOPMENT GRANT PROGRAM. Motion made by Hunter, seconded by Dalton to approve Pay Request No. 6. Yeas: All. APPROVE CHANGE ORDER NO. 2 FOR 2007 STREET IMPROVEMENT PROJECT. The final change order is an increase of $158, mostly due to asphalt price increases and a few areas where the estimated plan quantities were not correct. Motion made by LaDuex, seconded by Hunter to approve Changer Order No. 2. Yeas: All. APPROVE PAY ESTIMATE NO. 6 FOR 2007 STREET IMPROVEMENT PROJECT. Pay estimate No. 6 is in the amount of: $153, with Miller s Paving requesting a reduction in retainage to $7, The amount is to cover joint sealing and corrections to damaged sidewalks. Consensus was to retain 100% for repair of sidewalks and seeding in the amount of $21, Motion made by Walmann, seconded by Moon to approve the payment for $135, Yeas: All. APPROVE CHANGE ORDER NO. 2 FOR 2008 STREET IMPROVEMENT PROJECT. The final change is an increase of $10, due to the need to extend the projects slightly on Brown to closely match existing profiles. Motion made by Moon, seconded by Hunter to approve Change Order No. 2. Yeas: All. APPROVE PAY ESTIMATE NO. 3 FOR 2008 STREET IMPROVEMENT PROJECT. Pay estimate No. 3 is in the amount of $38, with a request for payment for temporary

2 surfacing of $1,850 and final seeding for $3,500. The City had to use approximately 40 tons of rock on the street and requested that the rock be replaced. Consensus was to retain $5,350 for temporary surfacing and final seeding. Motion made by Moon, seconded by LaDuex to approve the payment for $32, Yeas: All. ORDINANCE ADOPTING 2006 INTERNATIONAL MECHANICAL CODE. In Ordinance No. 3622, Section 1, the 2006 Mechanical Code was not formally adopted. There are enforceable provisions of this code in the 2006 IRC and 2006 IBC. The ordinance corrects the oversight and formally adopts the 2006 IMC. Motion made by LaDuex, seconded by Hunter to approve Ordinance No Yeas: All. CERTIFICATE OF SUBSTANTIAL COMPLETION 2007 STREET IMPROVEMENT PROJECT. Motion made by LaDuex, seconded by Hunter to authorize the Mayor to sign the certificate. Yeas: All. CERTIFICATE OF SUBSTANTIAL COMPLETION 2008 STREET IMPROVEMENT PROJECT. Motion made by LaDuex, seconded by Hunter to authorize the Mayor to sign the certificate. Yeas: All. New Business: APPOINTMENTS. None. PROCLAMATION CONGENITAL HEART DEFECT AWARENESS DAY. Proclamation was to increase awareness, education, and services for congenital heart defects. Motion made by Hunter, seconded by LaDuex to approve the proclamation. Yeas: All. REVIEW CAPITAL IMPROVEMENT PROGRAM (CIP). Reviewed the list of recommended expenditures, the source of funds, and the estimated cost. Total CIP investment for this year is $340,500 and includes the purchase of equipment, replacement and repairs to infrastructure, and maintenance of fixed equipment. APPROVE ECKAN ESTATES FINAL PLAT. ECKAN requested that the lot at 3 rd and Happy Place be split into three parcels. The Planning Commission held a public hearing on January 27, 2009 and unanimously recommended approval of the plat. Motion made by LaDuex, seconded by Hunter to approve the final plat. Yeas: All. AWARD BID ON KUBOTA MOWER. Bids were received for a Kubota 72" deck, ZTR, industrial strength mower to replace the cemetery mower. The bids include trade-in. McConnell Machinery (Ottawa) $8, Coleman Equipment (Bonner Springs) $8, Louisburg Tractor Boyz $8, Motion made by Hunter, seconded by Moon to award the bid to Louisburg Tractor Boyz contingent upon conforming to the Purchasing Policy and come within ½% of the McConnell Machinery bid. Yeas: All

3 AWARD BID ON PUBLIC WORKS MECHANICS TRUCK. Bids were received for a heavy duty truck capable of carrying a salt spreader and snow plow to assist with clearing streets during the winter. ¾ ton 1 ton Beckman Ford - Garnett $22, $21, Lang Chevrolet - Paola $24, $26, New Century Dodge $27, $33, Consensus was to reject the bids and request new bids to include Louisburg Ford. Motion made by LaDuex, seconded by Walmann to reopen bids to include Louisburg Ford and allow the City Manager to purchase if under budgeted amount. Yeas: All CENSUS COMPLETE COUNT COMMITTEE. The US Census Bureau recommends the formation of the committee for the 2010 Census for the active involvement of local government officials and community leaders to help ensure an accurate and complete count in Osawatomie. Representatives are recommended to be from the city government, school district, religious community, the media, community organizations and businesses. Motion made by Klein, seconded by Hunter to form the committee. Yeas: All. Consensus was to have LaDuex and Wes Cole serve. MEETING & WORK SESSION FEBRUARY 26. The work session will include reviewing the budget and discussion of allowing septic tank companies. Council Members Concerns/Issues: Dalton: The roof and porch at 211 Mill still need to be repaired. Hunter: February 21 is the Legislative Breakfast. February 28 there will be a gospel concert at the Old Stone Church. The new nuisance officer is doing a good job. LaDuex: Involved in the Chamber of Commerce Executive Director interviews. Believes the person they selected will do a job that will suit Osawatomie. The Library Board is submitting the CDBG grant application for renovation to the building. Walmann: The City Manager attended a Boy Scout meeting to discuss leadership in the community. The Heart of America Council s centennial is in 2010 and will be asking for a proclamation. Scout Sunday was held February 15 at the Presbyterian Church. Noticed a lot of car thefts in the police report. Klein: Thanked the City Manager and the Mayor for holding a contractors meeting to make the regulations clearer. Mayor s Report: The 100 th anniversary of John Brown Park will be in

4 The Osawatomie Correctional Facility closed. People worked hard and are working hard to get it back in operation. Letters were sent to community members to attend a meeting February 16 to form the John Brown Foundation for the purpose of preserving the city s history. City Manager attended the Presbyterian Church ground breaking for their expansion. City Manager s Report: Nuisances. New part-time Nuisance Officer Angela Pueser began enforcement on November 26. Between November 26 and January 31 there have been 137 annual nuisance notice letters delivered with 112 resolved and the others pending or in municipal court. Levee Certification. Wilson & Co. continue to work on the final report from Phase 1. When completed, they will present it a Council meeting. The Kansas Republican Party was formed 150 years ago in Osawatomie. Financial Discussion. Appreciates the involvement from the Council. Will be looking at finding alternate revenue sources. EXECUTIVE SESSION CONSULTATION WITH CITY ATTORNEY WHICH WOULD BE DEEMED PRIVILEGED IN THE ATTORNEY-CLIENT RELATIONSHIP. Motion made by Hunter, seconded by LaDuex at 9:05 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 5 minutes. Yeas: All. The City Manager and City Attorney were present. Meeting reconvened at 9:10 p.m. No action taken. Motion made by Hunter, seconded by Dalton to adjourn. Yeas: All. Ann Elmquist, City Clerk Osawatomie, Kansas. February 26, 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, LaDuex, Maichel, and Moon. Absent were Dalton, Klein, and Walmann. Also present were City Manager Glendening and City Clerk Elmquist. Visitors were Grady Atwater, Marti McDougal, Riley McDougal, and Kevin Gray. APPROVAL OF AGENDA. No business to handle

5 Motion made by Hunter, seconded by Moon to adjourn. Yeas: All. Ann Elmquist, City Clerk