OSAWATOMIE CITY COUNCIL MINUTES January 10, 2008

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1 Osawatomie, Kansas. January 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 Hunter, Kaempfe, Klein, LaDuex, Maichel, McGee, and Walmann. Absent was Dalton. Also present were City Manager Glendening, City Attorney Wetzler, and City Clerk Elmquist. Visitors were Linda Crouch, Ruby Law, Michael Firley, Grady Atwater, Mike Riffle, Rob Roberts, Donna Eichorn, Web Hawkins, and Jeff Gulley. CONSENT AGENDA. Approval of the Minutes of December 13 and December 20 Meetings, approval of January 10 Agenda, and approval of Appropriation Ordinances & 07-24, and approval of CDBG #06-PF-536 Pay Request No. 20. Motion made by LaDuex, seconded by Hunter to approve Minutes of December 13 and December 20 Meetings, Appropriation Ordinances & and approve CDBG #06-PF-536 Pay Request No. 20. Yeas: All. Approval of the October 11 Agenda. Added discussion of annexation, report on flood cleanup, and approval of City Manager to teach classes at Fort Scott Community College in Paola. Motion made by Hunter, seconded by LaDuex to approve agenda as amended. Yeas: All. Public Participation; Presentations: Kansas INT Amateur Water Sports Tour Mike & Susan Riffle. Mike Riffle explained how the program is for all ages and abilities and about fun and family. It can help kids stay out of trouble and spend time with their parents. Their format combines wakeboarding, waterskiing and some other water sports into a single competition. Wants the okay from the Council to look at logistics to see if Osawatomie Lake would work as competition site. If approved, his only request would be to have places to camp as they have to set up a lot of equipment the night before. Public Hearings: None Unfinished Business: None New Business: APPOINTMENTS. No action taken. AUTHORIZE MAYOR TO SIGN EXTENSION REQUEST FROM CDBG ON SEWER PROJECT. Due to delays in getting plans completed, an extension is needed. Motion made by LaDuex, seconded by Hunter to approve authorization of the Mayor to sign the extension request. Yeas: All. APPROVAL OF CODIFICATION SERVICES CONTRACT WITH LEAGUE OF KANSAS MUNICIPALITIES. City Manager Glendening said that the City started in 1998 and has not been completed. The League will honor the remaining contract at a cost of $4,000. Motion made by McGee, seconded by LaDuex to authorize the City Manager to enter into codification services contract. Yeas: All

2 DISCUSSION OF ANNEXATION. City Manager Glendening said that there are 99.3 acres by the Osawatomie State Hospital that are surrounded by the City. Currently there are 28 single family dwellings and one commercial building. As it is a unilateral annexation, the owners have no say. Only recourse owners have is to appeal if the City doesn t follow through with providing services. Consensus was for the City Manager to send a letter to the property owners. REPORT ON FLOOD CLEANUP. City Manager Glendening said that six months have passed and the City has given residents a lot of leeway on rehabilitation. There are several homes, and accessory structures that the owners are waiting on the City to force their hand. Asked Council how they wanted him to handle. Could send letter stating the violation and the penalty of $500 per day but would give them two to three weeks. Council would have to consider homes that need to be condemned. The City Manager the power to give someone power to order it repaired, etc.; Council doesn t have to approve. Consensus of the Council was to deal with 822 Third Street and 114 Walnut immediately as the owners have ignored everyone that has tried to contact them. Consensus was to also send out a letter contacting owners and asking them to submit their plan of action within so many days; if an owner does not move forward the City would move in a judicious manner. APPROVAL OF CITY MANAGER TO TEACH CLASSES AT FORT SCOTT COMMUNITY COLLEGE IN PAOLA. City Manager Glendening explained that the class would be at Osawatomie High School and would be an environmental technology class on utility management. Motion made by LaDuex, seconded by Hunter to allow City Manager Glendening to teach a class this semester. Yeas: All. Council Members Concerns/Issues: LaDuex: Commended the City employees on clearing the streets during the last storm. Hunter: Agreed with LaDuex and added the City has a crew second to none. Tourism Committee is holding the Kansas Day celebration January 26, 10:00 a.m. 5:00 p.m. at the high school. February 23 there will be a gospel concert and an event March 29 also. Walmann: Dr. Andrew Cook Chiropractic office will open for business January 21. His brother Kevin will be joining him in January. At the Klondike Regional the boy scouts will have a flag burning ceremony to appropriately dispose of old flags. Kaempfe: After the Christmas festivities received comments about the maintenance of the City Auditorium. The floor was in poor shape, the wall splotched due to repairs and need to be painted. Asked the Recreation Director to put together costs. If the City is going to be requiring others to conform, the City needs to. City Manager Glendening said he has talked with Ron Maring. Maichel said that the bathrooms are terrible. McGee: Wants the City to go forward. Need to improve everything

3 Mayor s Report: Attended an after hours networking get together January 15 sponsored by the Chamber of Commerce. Would like to see the Council look at NIMS and pursue training. On the storms he agreed with Hunter s comments. In the upcoming months there are issues coming up including housing maintenance standards. City Manager s Report: 2007 Osawatomie Flood Update. FEMA will be here tomorrow to finish the volunteer sheets. The No Fund Warrant was paid off December 31, The U.S. Congress eliminated all of the earmark requests made to Congresswoman Boyda and Senator Brownback. These requests have been resubmitted for consideration in the spring for the 2009 budget. Army Corps of Engineers was to be in town next Monday but postponed. They will raise the levee two feet as well as some other work. The City s only responsibility is to provide 222 cubit feet of dirt. In order to raise the levee it will require a widening of the structure by six feet. Planning Commission and Board of Zoning Appeals Hearings. The Planning Commission met January 8 to consider a special use permit for Verizon Wireless to replace the existing tower in the vicinity of 6th and Kelly with a tower of the same height. The Board of Zoning Appeals met January 9 to consider approval of a variance for Verizon Wireless. The Union Pacific is the only surrounding property owner required to be notified. They have signed a form waiving their right to protest the issuance of the SUP. Therefore, no protest period must pass prior to the Council s approval and will be on the January 24 agenda. Update of City Zoning Map. Have been working with County Mapping/GIS department to update the City s zoning map. A couple of areas have already be rezoned by the Planning Commission. Would like to eliminate all but one of the City s overlay areas for single wide mobile homes. The Planning Commission would hold a public hearing to amend R-2 and adopt the new zoning map. The Council would then consider both changes. Sewer Project Update. The rehabilitation project continues. There have been issues to deal with but nothing major. Northland Update. Received Phase I cost estimates broken out into smaller, mini-phases. Nearing completion of an RFP for engineering design services. Recommendations of Housing Consultant. One of Richard Caplan s primary recommendation was to use the report to adopt a housing plan and/or policy until the City updates its Comprehensive Plan. Included a draft resolution for Council s consideration at the January 24 meeting

4 Work Session on Property Maintenance Code. One of the specific recommendations Caplan made was to adopt the IBC s Property Maintenance Code. Will discuss at the January 24 work session. New City Website. The City s new web site is live. Asked for the Council to provide feedback CIP Expenditures. Needs far exceed means, so any capital improvement requests that are not funded will be bumped to the 2009 CIP. Requested department heads attend the next work session. Motion made by Hunter, seconded by LaDuex at 8:39 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 8:51 p.m. No action taken. Motion made by Walmann, seconded by LaDuex to adjourn. Yeas: All. Ann Elmquist, City Clerk Osawatomie, Kansas. January 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 Dalton, Hunter, Kaempfe, LaDuex, Maichel, and Walmann. Absent were Klein and McGee. Also present were City Manager Glendening, City Attorney Wetzler, and City Clerk Elmquist. Visitors were Mike Firley, Ruby Law, Robert Kerr, Rob Campbell, Raymond & Sharon Stewart, Ron Dean, Bruce Hurt, Steve Coffelt, Paul Vassos, Dewain & Linda Crouch, Grady Atwater, Kenneth Diehm, Ben Maimer, Michael & Lori Moon, Diana Clearwater, Grant Maimer, Houston Clearwater, Web Hawkins, Melissa Maimer, Mike Stiles, and Jeff Gulley. APPROVAL OF AGENDA. Motion made by Hunter, seconded by Dalton to approve the agenda. Yeas: All. ORDINANCE APPROVING SUP FOR VERIZON TOWER. The Planning Commission held a public hearing January 8 and approved a special use permit (SUP) for Verizon Wireless to replace the existing tower in the vicinity of 6th and Kelly with a tower of the same height by a vote of 8-0. The Board of Zoning Appeals held a public hearing January 9 and approved a variance for Verizon Wireless to exceed the height and setback restrictions. Motion made by Walmann, seconded by LaDuex to approve Ordinance No Yeas: All

5 ACTION ON KANSAS INT TOUR REQUEST. City Manager Glendening recommended approval of the request with the following stipulations: 1) City is listed as a named insured on the organization s insurance policy, 2) the event would be held over the course of one weekend, 3) the City would close the lake to the general public during the weekend of the tournament, 4) no alcohol would be permitted on the premises, and 5) the organization would sign a general letter of understanding with the previous items included in the letter, and any other concerns the Council would like to include. Motion made by Walmann, seconded by LaDuex to allow Kansas INT to hold tournament. Yeas: All. HOUSING PLAN/POLICY RESOLUTION DISCUSSION/APPROVAL. Motion made by Hunter, seconded by LaDuex to approve Resolution 593. Yeas: All. CONSIDER ORDINANCE LIMITING FEES CHARGED BY COURT APPOINTED ATTORNEYS. The City s new Municipal Court Judge Sheila Schultz recommended the ordinance with an hourly rate of $50 per hour and a maximum on one representation of $500. Motion made by Maichel, seconded by Dalton to approve Ordinance Yeas: All. APPROVE LETTER OF SUPPORT FOR DEAN DEVELOPMENT AND AUTHORIZE MAYOR TO SIGN. Motion made by Hunter, seconded by Walmann to approve authorizing the Mayor to sign the letter of support for Dean Development. Yeas: All. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MAXIMUM FOR CONTINUED ELECTRIC RATE STUDY. The agreement would be to evaluate the rate appropriateness between residential and commercial rates, and within the three commercial meter classes for a fee of $3,000. Motion made by Dalton, seconded by LaDuex to approve the agreement with Maximum for continued electric rate study. Yeas: All. Motion made by Maichel, seconded by LaDuex at 7:54 p.m. to recess into executive session for consultation with City Attorney which would be deemed privileged in the attorneyclient relationship for a period of 30 minutes. The City Manager, City Attorney, and City Clerk were present. Meeting reconvened at 8:19 p.m. No action taken. Motion made by LaDuex, seconded by Hunter to adjourn. Yeas: All. Ann Elmquist, City Clerk -438-