City Commission Minutes Regular Session City Commission Chambers 101 S Lincoln Ave. Chanute, KS 66720 CALL TO ORDER PLEDGE OF ALLEGIANCE Mayor Sam Budreau presided and called the meeting to order at 6:30 p.m., the Pledge of Allegiance was recited. Commissioners Present: Staff Present: Mayor Sam Budreau and Commissioners Phillip Chaney, Tim Fairchild, and Jacob LaRue. Jeff Cantrell, City Manager; David Brake, City Attorney; Tina Bailey, City Clerk; Cory Kepley, Chief Finance Officer; Rick Willis, IT Director; Kevin Jones, Fire Chief; Ryan Follmer, Community Services Director; and Todd Newman, Cemetery and Parks Director. INVOCATION The invocation was given by Commissioner Tim Fairchild. AGENDA Mayor Budreau requested the addition of Agenda Item 11-Executive Session to Discuss Matters Relating to Actions Adversely or Favorably Affecting a Person as a Student, Patient, or Resident of a Public Institution. The amended Agenda was approved on motion by Commissioner LaRue, seconded by Commissioner Fairchild. Voting Aye: All. Motion carried unanimously. CONSENT AGENDA The Consent Agenda is used to approve non-controversial or routine matters by a single motion and vote. The Consent Agenda consisted of the following: Minutes City Commission February 25, 2019 Warrant Register dated February 27, 2019 Warrant Register dated March 6, 2019 Reappoint/Appoint Two members to the CRDA Board of Directors Motion made by Commissioner Fairchild, seconded by Commissioner LaRue, to approve the Consent Agenda. Voting Aye: All. Motion carried unanimously. PUBLIC COMMENTS Bernard Neyer, 319 S Lafayette commented on last week s Planning Commission meeting and work session relating to zoning/variances. He also distributed an investment handout to the Commission for review. Page 1 of 7
Ruthann Boatwright, Main Street Chanute Executive Director commented on upcoming Main Street events. Alicia Fickle, Chanute Art Gallery distributed a 2019 Monthly Exhibits Bookmark and invited the Commission to attend the exhibits. CITY MANAGER S REPORT City Manager Jeff Cantrell provided follow up on previous discussion of Downtown Improvement Loans and Programs. General discussion was made. Comments were made by City Manager Jeff Cantrell, City Attorney David Brake, and Main Street Chanute Executive Director Ruthann Boatwright. Commission consensus was to continue Downtown Improvement Program discussions. They requested additional information to define a district area, establish a budget outlay, and provide a minimum maintenance list relating to exterior safety issues. City Manager Cantrell also provided a brief recap of last week s Planning Commission meeting and work session. OLD BUSINESS CRDA RENEWAL AGREEMENT On February 11, 2019, the Chanute City Commission met in a work session with the Board of Chanute Regional Development Authority (CRDA). At the work session there was a discussion concerning implementation of the new sales tax and changes to the written agreement between the parties to cover the next five years. For the next five years the revenue to support the CRDA will come from the sales tax that will begin April 1, 2019. The half of the one-fourth percent sale tax to be received by CRDA will significantly increase CRDA s funding. General discussion was made. Comments were made by CRDA Executive Director Matt Godinez, City Attorney David Brake, and City Manager Jeff Cantrell. Motion made by Commissioner Fairchild, seconded by Commissioner LaRue, to approve the Renewal Agreement between the City of Chanute and CRDA as presented. Voting Aye: All. Motion carried unanimously. CRDA Executive Director Matt Godinez also requested that the Commission consider approval of their 2019 second quarter payment. City Manager Cantrell suggested that this funding request be placed on a future agenda for Commission consideration. PROCESS FOR FILLING VACANT CITY COMMISSION SEAT At the February 11 and February 25, 2019 regular meetings, the City Commission discussed options for a formal process for future vacancies on the Chanute City Commission Board. Page 2 of 7
As directed, the City Attorney provided a revised draft Charter Ordinance based on the prior discussion of the Commissioners. General discussion was led by City Attorney David Brake. Motion made by Commissioner LaRue, seconded by Commissioner Fairchild, to pass a Charter Ordinance exempting the City of Chanute, Kansas, from the provisions of K.S.A. 14-1305 and K.S.A. 12-104a pertaining to vacancy in the office of City Commissioner. Voting Aye: All. Motion carried unanimously. The Charter Ordinance was assigned: No. 20 NEW BUSINESS REVIEW APPLICATIONS FOR CITY COMMISSION VACANCY The following candidates filed for the Chanute City Commission Board vacancy: Martha McCoy, Tim Egner, Kevin Berthot, Larry Clark, David Williams, Eddie Rosenberger, and Larry Pierce. General discussion was made. Comments were made by City Attorney David Brake. Mayor Budreau suggested that each Commissioner nominate their top two candidates and then all Commissioners would vote on the top three candidates from the nomination pool. Mayor Budreau opened the floor for nominations to fill the Chanute City Commission Board vacancy. Commissioner LaRue nominated Tim Egner and Eddie Rosenberger. Commissioner Chaney nominated David Williams and Larry Pierce. Commissioner Fairchild nominated David Williams and Eddie Rosenberger. Mayor Budreau nominated Tim Egner and Kevin Berthot. Mayor Budreau called for a vote motion for David Williams to fill the Chanute City Commission Board vacancy. Voting Aye: Commissioner Chaney and Fairchild Voting Nay: Mayor Budreau and Commissioner LaRue Vote 2-2. Motion dies. Mayor Budreau called for a vote motion for Tim Egner to fill the Chanute City Commission Board vacancy. Voting Aye: Mayor Budreau and Commissioner LaRue Voting Nay: Commissioners Chaney and Fairchild Vote 2-2. Motion dies. Page 3 of 7
Mayor Budreau called for a vote motion for Eddie Rosenberger to fill the Chanute City Commission Board vacancy. Voting Aye: Mayor Budreau and Commissioners Fairchild and LaRue Voting Nay: Commissioner Chaney Vote 3-1. Motion carried. Mr. Rosenberger will be sworn in at the next regular City Commission meeting. CONSIDER PURCHASE OF AERIAL PLATFORM Fire Chief Jones distributed a handout and provided a brief presentation for the purchase of an aerial platform. Chief Jones explained the need for specific options that are part of the higher priced unit. General discussion was led by Fire Chief Jones. Comments were made by City Manager Jeff Cantrell and City Attorney David Brake. Motion made by Commissioner Fairchild, seconded by Commissioner LaRue, to authorize a cooperative purchasing process for an aerial platform, which sets aside the bidding process. Voting Aye: All. Motion carried unanimously. Motion made by Commissioner LaRue, seconded by Commissioner Fairchild, to approve the purchase of an aerial platform and loose equipment in the amount not to exceed $1,330,000 with capital lease offering to local/regional banks. Voting Aye: All. Motion carried unanimously. CDBG SEWER GRANT AGREEMENT During their regular meeting on August 27, 2018, the City Commission adopted a Resolution authorizing the Mayor to sign and submit necessary documents for a CDBG Application for Wastewater System Improvements. The City of Chanute was awarded a grant for $700,00 in CDBG funds on January 18, 2019. Grant Agreement No. 19-PF-013 between the State of Kansas, Department of Commerce and the City of Chanute is attached for review. The estimated project cost for Phase 3 Wastewater System Improvements is $1,467,805.00. The City was awarded grant funds in the amount of $700,000. The matching funds will be a Kansas Department of Health & Environment State Revolving Fund loan in the amount of $767,805. General discussion was made. Comments were made by City Manager Jeff Cantrell. Motion made by Commissioner Fairchild, seconded by Commissioner LaRue, authorizing the Mayor to execute this specific agreement, between the State of Kansas, Department of Commerce and the City of Chanute. Voting Aye: All. Motion carried unanimously. CEREAL MALT BEVERAGE ORDINANCE The Kansas legislature has adopted new laws allowing convenience stores, grocery stores, and taverns to sell/serve cereal malt beverages and beer up to 6% alcohol by volume. The State law Page 4 of 7
goes into effect April 1, 2019. While the City Commission has previously approved Sunday sales for liquor stores, the City has not adopted Sunday sales for convenience and grocery stores. That would have to be done by a separate ordinance. The State law changes required a revision to the Chanute Municipal Code Section pertaining to cereal malt beverages. The City Attorney in conjunction with the City Manager, City Clerk, Police Chief, and Fire Chief has prepared the proposed draft ordinance. General discussion was made. Comments were made by City Attorney David Brake. Motion made by Mayor Budreau, seconded by Commissioner Fairchild, to adopt the Ordinance regulating the sale of cereal malt beverage and beer containing not more than 6% alcohol by volume within the City of Chanute, Kansas and repealing Chanute Municipal Code Section 5.16. Voting Aye: All. Motion carried unanimously. The Ordinance was assigned: No. 2633 CONSIDER WALKING TRAIL RESURFACING PROPOSAL The condition of the existing trail is poor, due to inadequate subgrade. A resurfacing bid has been received from Bettis Asphalt. City crews are prepared to perform the demolition and removal, thereby eliminating $39,420 from the overall quotation. This results in a contractual project in the amount of $64,900 and proper subgrade drainage. Parks Director Todd Newman provided a brief summary of the proposal and project. Mr. Newman reported that the Parks Advisory Board met last week and approved using $25,300 for the west trail from the Special Parks Fund upon City Commission approval. The remaining $39,600 would be funded through the Parks Fund. General discussion was made. Comments were made by Parks Director Todd Newman and City Manager Jeff Cantrell. Motion by Commissioner LaRue, seconded by Commissioner Fairchild, to approve the proposal from Bettis Asphalt in the amount of $64,900 for Walking Trail Resurfacing Project. Voting Aye: All. Motion carried unanimously. Parks Director Todd Newman reported that with the resignation of Randy Galemore there currently is not a Commission liaison for the Parks Advisory Board. CONSIDER REQUEST FROM CHANUTE PUBLIC LIBRARY TO PLACE PICTURE BOOK DISPLAY ON CITY PROPERTY The City received a request from the Library to place Picture Book Displays along the Walking Path. Chanute Public Library Director Susan Willis distributed a handout and provided a brief summary of the Library s request. She reported that there will be 20 separate displays and if approved the Library will work with Parks Director Todd Newman for placement approval. Page 5 of 7
General discussion was led by Chanute Public Library Director Susan Willis. Motion made by Commissioner Fairchild, seconded by Commissioner LaRue, to approve the request from the Chanute Public Library to place Picture Book Displays on City property as presented. Voting Aye: All. Motion carried unanimously. Chanute Public Library Director Susan Willis invited the City Commission to attend an upcoming Library event Friday, March 15 th that is sponsored by the KU History Museum. PROPERTY RESOLUTION 714 N GRANT PROPERTY RESOLUTION 1022 S FOREST PROPERTY RESOLUTION 1526 S CENTRAL Motion made by Commissioner Fairchild, seconded by Commissioner LaRue, to adopt resolution declaring that the above properties are in violation of Chanute Municipal Codes and authorizing abatement of certain nuisances as presented. Voting Aye: All. Motion carried unanimously. The Resolutions were assigned: No. 2019-13, No. 2019-14, and No. 2019-15 COMMISSION COMMENTS Commissioner Chaney commented on City street and alley maintenance issues. He requested that City staff evaluate the high traffic areas that have the micro seal overlay. Commissioner Chaney requested that the Commission discuss funding options for the 21 st and Plummer Intersection Project at an upcoming meeting. Commissioner Chaney commented on code enforcement issues and complaints received. He requested that City staff provide follow up for the property located 120 E Oak. Commissioner Chaney requested an update on the Orizon audit. City Manager Cantrell reported that the City s Audit Firm is currently conducting the audit. Commissioner Chaney commented on law enforcement issues pertaining to parking in front yards, public facilities, and animal issues. He would like feedback from City staff and what they think could be done to address public safety concerns in our community. Commissioner Chaney requested an update on a previous Commission request to hold a Joint Work Session with the Board of Neosho County Commissioners. City Manager Cantrell reported that the last direction from the City Commission was for his office to request an audit function of some of the County funds. This request was sent and no indication has been received from the County Commission that they would agree to the request. Commissioner LaRue commented on the recent Planning Commission meeting and the fruitful discussion that was made. Page 6 of 7
Commissioner LaRue suggested that the Commission follow the three-minute time limit for public comments. Mayor Budreau requested an update on design and construction of the new Animal Shelter. Community Services Director Ryan Follmer reported that this item in on their list. EXECUTIVE SESSION DISCUSSION OF NON-ELECTED PERSONNEL Motion made by Commissioner Chaney, seconded by Commissioner LaRue, that the City Commission recess into executive session to discuss matters relating to actions adversely or favorably affecting a person as a student, patient or resident of a public institution except that any such person shall have the right to a public hearing if requested by the person, exception, K.S.A. 75-4319(b)(5). The open meeting will resume in the City Commission Chambers at 8:56 p.m. Voting Aye: All. Motion carried unanimously. The City Commission returned to open session at 8:56 p.m. No action taken. ADJOURNMENT Motion made by Commissioner LaRue, seconded by Commissioner Fairchild, to adjourn. Voting Aye: All. Motion carried unanimously. Meeting adjourned at 8:57 p.m. Tina L Bailey, CMC City Clerk Page 7 of 7