CITY OF BURLINGTON, KANSAS

GOVERNMENT

Applying for Public Office
Board of Zoning Appeals
Burlington Housing Authority
Burlington Cemetery Board
City Council
Electrician Examining Board
General Information
Mayor
CITY COUNCIL MEETING MINUTES & PUBLIC NOTICES
Mission Statement
Planning Committee Members
Plumbing Examining Board
Subdivision Committee
Standing Committees
Tree Board

See also (list of Department Heads) "City Department/Services", "Programs and Services"

GENERAL INFORMATION

Burlington was incorporated as a second class city on December 9, 1882.

The City operates under a non-partisan Mayor/Council form of government. The Mayor is elected on an at-large basis and serves a four-year term.

The six Council Members are elected by Ward (two representing each of three Wards) and serve four-year terms of office. An election for Council Members is held every odd-numbered year, with one representative from each of the three Wards being chosen each election.  Ordinance 795 submitted Charter Ordinance #8 to be put on the April 5, 2011 election ballot.  Charter Ordinance #8 passed by majority vote of the Electors.  Charter Ordinance #8, section 2.d states,  ‘Positions that become vacant during the course of the four-year term shall be filled by an eligible resident of the Ward in which the vacancy exists, following a majority vote of approval of the appointment by the Governing Body.  However, if after thirty (30) days of the position becoming vacant, no eligible person in that Ward has expressed interest, the Governing Body may appoint a person from one of the other Wards with the understanding the interim Council Member shall not be eligible to be a candidate in the next election for that seat unless having obtained residency in that Ward.’

The City Clerk is appointed by the Mayor and approved by the City Council. The City Clerk is responsible for the administration of the City’s finances, personnel, purchasing, budget, correspondence, utility service requests, utility billing and public relations.

MISSION STATEMENT

Burlington's Mission Statement provides a broad overview of the City's aspirations.

MAYOR

The City operates under a non-partisan Mayor/Council form of government. The Mayor is elected on an at-large basis and serves a four-year term.  Gene L. Merry was elected Mayor of the City of Burlington on April 5, 2011 and took his Oath of Office on April 20, 2011.   His term will expire in April of 2015.

GENE L. MERRY

       Mayor, City of Burlington      

 

 

 

 

  P.O. Box 207; 301 Neosho St.

     Burlington, Kansas 66839

    City Hall: Phone: 620-364-5334

Business Phone:  620-364-3051

     FAX  (620)364-2996

     Email: downtownguy@embarqmail.com  

CITY COUNCIL

The six Council Members are elected by Ward (two representing each of three wards) and serve four-year terms of office. An election for Council Members is held every odd-numbered year, with one representative from each of the three Wards being chosen each election. (For phone numbers, see "Government - City Council Roster".)

Note:  Mail may be addressed to the Council Member(s) at P.O. Box 207, Burlington, Kansas 66839.

Mayor and Ward 1 Positions were elected in 2011 & will expire May 2015.   
Ward 2 Positions were elected in 2009 & will expire in May 2013. 

APPLYING FOR PUBLIC OFFICE

To declare candidacy for office of Mayor or Council Member, the following actions must be taken or contact the County Election Officer at (620)364-2191 or the City Clerk at (620)364-5334.

1. Candidate’s declaration of intention

2. Statement of substantial interests for local office

3. Affidavit of exemption from filing receipts and expenditures reports by a candidate

4. A $5.00 filing fee must be paid or a nomination petition must be completed with the required number of duly registered voters from Ward/City of representation.

BOARD OF ZONING APPEALS
(5/2007)

 ON MAY 2, 2007, ORDINANCE 757 WAS ADOPTED TO OFFICIALLY DISBAND THE BURLINGTON'S BOARD OF ZONING APPEALS, AND ALLOW  THE BURLINGTON PLANNING COMMISSION TO ALSO ACT AS THE BOARD OF ZONING APPEALS., EFFECTIVE WITH PUBLICATION OF ORDINANCE 757 ON MAY 8, 2007.  

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BURLINGTON CEMETERY BOARD

(Current 04/2012)

Secretary/Treasurer – Lane Jones
[Jones Funeral Home 620-364-5319

MEMBERS
Daniel Allen
Mark Burns
Ron Hoover
Lane Jones
Kent Smith
Larry Tice
Gene Traylor
Gordon Varvel

 

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BURLINGTON HOUSING AUTHORITY

(Current 4/2012)

Secretary/Treasurer - Project Manager
James Decker
Phone: (620)364-2272

ELECTRICIAN EXAMINING BOARD:
(Mayor's Annual Appointments 4/2012)

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PLANNING COMMISSION/BOARD OF ZONING APPEALS MEMBERS
(Rev. 4/2012)

Contact: City Zoning Clerk

301 Neosho St.; P.O. Box 207; Burlington, KS 66839
(Phone:(620)364-5334/FAX:620-364-2996)
Email: zburlington@mchsi.com  

Ordinances 514, 756, 757

Board Membership: 5 for a Quorum, 9 maximum

Two members shall reside outside of City limits, but within 3-mile extraterritorial

 

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PLUMBING EXAMINING BOARD
(By Mayor's Annual Appointments 4/2012)

[Contact  Water & Wastewater Department, at 620-364-8332 or email:  h2oburlington@mchsi.com] 

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STANDING COMMITTEES
(Mayor's Annual Appointments Revision 4/2012)

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TREE BOARD
(Rev. 4/2012)

 

For information/inquiries contact:  

Burlington City Hall
(Phone:(620)364-5334)
Email: zburlington@mchsi.com  

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CITY COUNCIL MEETING MINUTES & PUBLIC NOTICES

AND CITY CLERK'S NOTES OF PLANNED MONTHLY WORK

NOTE:  Council Meeting minutes  of at least three sessions will be provided, after Council approval, at one time on this site. 

Burlington City Council normally meets on the first and third Wednesday of each month.

COUNCIL MEETING SCHEDULE

1st and 3rd Wednesday of each month

6:00 P.M. 

CITY HALL, 301 Neosho Street Burlington

VACANCIES

See Employment Opportunities under 'City Departments and Services' page.

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CITY COUNCIL MINUTES

BURLINGTON CITY COUNCIL REGULAR SESSION MAY 2, 2012

City of Burlington Governing Body met in Regular Session at City Hall, 301 Neosho Street, Burlington, Kansas at 6:00 p.m. Wednesday, May 2, 2012.  Mayor Gene L. Merry called the meeting to order.

ROLL CALL:   Mayor Gene L. Merry

  Council Members present:

      Yes William C. Scott (President of Council)                 Yes Roger Kent Hoyt                No Lewis Lenard
      Yes R. Standley Luke (Stan)                                       Yes Forrest T. Rhodes               Yes Jerilyn Curtiss

  Superintendents Present: Yes Kevin Boyce (Parks)    Yes Alan Schneider (Electric)    YesDoug Jones (Chief of Police)
                                             Yes Doug Mast (Street)       Yes Danny Hawkins (Water/Wastewater)         

  Also Present:   Yes Regina Kewley (City Clerk)                       Yes Stephen Smith (City Attorney)
                           Yes Jimmy Hugunin (Zoning & Grants Clerk)     Yes Susan Stroh (Administrative Assistant)

  Media Present:  Mark Petterson, Coffey County Republican

VISITORS:  None

AGENDA:  Council Member Hoyt “I move to approve the agenda as amended.”  Council Member Luke, “I second the motion.”  Motion unanimously carried.

MINUTES:  Council Member Luke, “I move to approve the Draft Minutes for the regular session of April 18, 2012 as presented.”  Council Member Curtiss, “I second the motion.”  Motion unanimously carried.

ELECTRIC DEPARTMENT:  Distribution (Line Department)

      General:  Superintendent Schneider reported personnel have been changing out poles, adding new poles, working on the trees at the cemetery when they have time, and doing line maintenance.  They did their annual di-electric testing on all their trucks and rubber goods; and everything passed. 

ELECTRIC DEPARTMENT:  (Production)

      Generator #5 & #6:  Plant personnel did a few minor repairs on Generator #5 – normal maintenance.  They also did a maintenance run on Generator #6; and since all the repairs have been done, it is running great.

      Augusta Power Plant Tour:  Superintendent Schneider reported he and Dee Francis (Sr. Plant Maintenance Operator) went to Augusta yesterday to tour their power plant and look at their control system. 

      Allgeier Martin & Associates:  Superintendent Schneider has been dealing with our engineers, Allgeier Martin & Associates, trying to get schematics to our Power Plant up to date; and working with them on future projects.

WATER/WASTEWATER DEPARTMENT:  Distribution

      General:  Personnel have been doing rereads, doing locates, and other normal work.

      Water Valves:  Personnel should be done exercising water valves next week.  They will just need to dig up some and raise them.

      Waterline Replacement Project 2012:  Superintendent Hawkins reported they have been assisting Randy Kahle with the Waterline Replacement Project (6^th & Niagara to 6^th & Potomac). One block is done and two are left to do.  Today, stub-outs on both side of the street are being done and will be capped off.  Superintendent Hawkins assured Council it will look nice when completed.

      Sewer Improvement Project Phase II:  Superintendent Hawkins informed Council the sewerline project is near completion.  Skillman Construction has done the digs they needed, and worked today putting in asphalt behind City Hall.

      Sewer Pump Station Replacement (5 Liftstations):  Superintendent Hawkins reported the Invitation to Bid for the Pump Station Rehabilitation Project was published yesterday, May 1, for five pump stations.  There will be a pre‑bid conference at the Burlington Water Plant on the 21^st of May at 10 a.m.  Bids are due by 2 o’clock the afternoon of May 31^st at the office of Bartlett & West in Topeka; and will be opened at that time. 

      Vehicles:  Personnel have been doing normal maintenance on the dump trucks and backhoes. 

WATER/WASTEWATER DEPARTMENT:  Production – Water Treatment Plant

      General:  Superintendent Hawkins reported the Water Plant has been running great.  Bryant Presley has been learning quickly, and will soon begin taking his turn running the Plant on weekends.

      Training:  Superintendent Hawkins said in addition to State of Kansas required training, Water/Wastewater personnel have begun doing training with the Office of Water Programs out of California State University of Sacramento.  The program will help personnel to get better certified by giving them the benefit of a more proper education.  Norman Foster took the class in two month’s time, passed and got his credits and time in.  Next Thursday, he will be taking his first examination to become a Class II Wastewater Operator.  Superintendent Hawkins said they are following up with books, too; and will get Philip Decker started with that training.

      SCADA System for #5 Lift/Pump Station:              Superintendent Hawkins reported Jim Thweatt (Thweatt Electric) did a lot of antennae work for the SCADA system from the new #5 pump station.  There have been a couple of glitches, and Greg Deckett with Bartlett & West has come in, and he found some flaws where wiring changed from the initial installation.  The SCADA system is up and running with the Pump Station #5 now.

      TOCs/State Reports:  Superintendent Hawkins explained that with the monthly reports sent to the State and the problems we’ve had with high TOCs due to the rains we have had a better ratio of removal this month than we’ve had since the Plant has been online, as far as percentage.  He commended his crew for doing a tremendous job and staying on top of the changes in the river.

WATER/WASTEWATER DEPARTMENT:  Emergency/Standby Power System (Generator) - Bids

      Superintendent Hawkins reported that with this second Invitation to Bid for the Emergency/Standby Power System, once again only one of the three companies returned a bid; however, this bid is under the previous bid amount.  Superintendent Hawkins recommended Council accept the bid.

      Council Member Luke stated, “I move to accept the bids for the Emergency/Standby Power System as bona fide.”  Council Member Scott, “Second.”  Hearing no discussion, Mayor Merry called for a vote.  Motion unanimously carried.

      Council Member Luke stated, “I move to accept the bid of $31,260 from Cummings Mid America  for the Emergency/Standby Power System.”  Council Member Rhodes, “Second.”  Council Member Luke verified that it will come  out of grant money.  Hearing no discussion, Mayor Merry called for a vote.  Motion unanimously carried.

STREET DEPARTMENT:  Update

      Alley behind Pamida:  Street personnel are nearly finished working on the alley behind Pamida. 

      General:  Personnel started using the AMZ machine today and will be patching all the streets they will be chip-sealing and overlaying this year.  Maintenance is being done to the crack-filling machine.  They put shot rock in the ditch by the Appliance Store, and have been their doing normal work.

POLICE DEPARTMENT:  Update

      Home Invasion:  Chief Jones, referring to an article in the Coffey County Republican, said a young man broke into his grandparent’s house to steel their medications, and got caught.  His wife was instrumental in clearing up some vehicle burglaries, and was arrested.

      DEA Drug Take Back Program:  Chief Jones reported the DEA Drug Take-back Program in Burlington on Friday had a good turnout and 103 pounds of drugs were collected.  Statewide, Kansas collected over 8,700 pounds in over 71 sites; our division, St. Louis Division of 5 and 1/2 states, collected over 45,000 pounds; and nationwide just short of 1,000,000 pounds were collected.  Chief Jones said that he and Sheriff Rogers are going to try to set this up again on DEA schedule in October.  He stated, “We want to keep this going.  We had a very good response, and it’s a worthwhile program.”

      Nuisance Property Gloshen @ 5^th & Juniatta / Community Garden:  Chief Jones reported that Charles Gloshen who owns six lots at 5^th and Juniatta, which has been a nuisance property for years, now lives in Missouri and is in financial hardship.  He does have someone who mows around the house itself.  Mr. Gloshen has indicated he would be willing to allow the City to use his property for a community garden spot in exchange for making sure it does not remain a nuisance property.  Chief Jones said he mentioned this to the Mayor, who asked if he would bring the suggestion up to Council.  City Attorney Smith, saying it is a good idea, advised, “I would suggest that if you do that, we also forgive the fines that have accrued for it being a nuisance property.”  Chief Jones recommended City Attorney Smith draft a document to protect the city and Mr. Gloshen from a liability standpoint.  Parks Superintendent would be responsible for the community garden.  Chief Jones said Mr. Gloshen has attempted to sell the junk; and the property is for sale, but because it’s in the floodplain he has not been able to sell it. 

      Council Member Hoyt asked if there was any interest expressed in a community garden.   Mayor Merry talked with Ministerial Alliance about it but they wouldn’t be able to purchase it but would be willing to work with it.  A while back a County Extension Agent came and they had a $5,000 grant to set up a community garden through Kansas State Extension, but time passed and we never got to that point. 

      City Attorney Smith suggested the City get out of the middle of this and see if Mr. Gloshen will lease the property to the Ministerial Alliance, and the City just provide support.  City Attorney Smith said we could work out administratively for cleanup, providing equipment, advertising in the newspaper – but let The Ministerial Alliance do a direct lease with Mr. Gloshen.  Council thought that would be a good idea, so the City would not be responsible for it.  Mayor Merry said they had talked about taking the vegetables from the garden to God’s storehouse.  Mayor Merry said, “I just wanted to get the ball rolling.  If we can get the Extension Office to throw four or five thousand dollars in to set the program up, I think they might do it.”  He added, “I was looking for a community project for Memorial Day weekend.  I’d like to get a release from Mr. Gloshen that we can take whatever is on there (junk, etc.) and get rid of it.  So, if it’s okay with Council, Steve Smith and Doug Jones could get together.  If you need any help with Ministerial Alliance, I’ll contact them, and God’s Storehouse to take the vegetables.”  Council agreed that to have a non-profit organization do it, would be better than the City being involved with it.

PARKS DEPARTMENT:  Update

      General:  Parks personnel have been cleaning public buildings and restrooms, and doing a lot of mowing.  They have been doing equipment maintenance

      Trees:  They have been removing park trees that died from the extremely hot and dry weather we had last year.  Superintendent Boyce said he is getting a list of trees ready for getting quotes from different contractors for removal of dead street trees.

      Conrad Park Old Playground Equipment:  The old playground equipment has been removed and disposed of. 

      Flowers:  Superintendent Boyce expressed appreciation to the Burlington Jaynes for helping to plant flowers – 503 plants.  City Clerk Kewley and Council Member Curtiss commented on how nice they look.

PARKS DEPARTMENT:  Business Appreciation

      City Clerk Kewley suggested holding the annual Business Appreciation Picnic on Friday, June 15 at Kelley Hall, and holding the Employee Picnic the following Monday, June 18, at the 4-H Building.  She said both building are available for those days.  Both picnics would be from 11 a.m. to 1 p.m. 

      Council Member Curtiss stated, “I move to hold the annual Business Appreciation Picnic on Friday, June 15, 2012 from 11 a.m. to 1 p.m. at Kelley Hall; and the Employee Picnic on Monday, June 18^th from 11a.m. to 1 p.m., at the 4-H Building.”  Council Member Scott, “Second.”  Council Member Hoyt suggested holding the Employee Picnic at Conrad Park, but the construction will not be completed in time.  It was then suggested to change the location of the  Employee Picnic from the 4-H Building to Kelley Park.  Council Member Curtiss stated, “I amend my motion to hold the annual Business Appreciation Picnic on Friday, June 15, 2012 from 11 a.m. to 1 p.m. at Kelley Hall; and the Employee Picnic on Monday, June 18^th from 11a.m. to 1 p.m., at Kelley Park.” Council Member Scott, “Second.”   Hearing no discussion, Mayor Merry called for a vote.  Motion unanimously carried.

FINANCE:  Claims Ordinance & Payroll Ordinance

      CLAIMS 2012-08:  Council Member Scott, “I move City of Burlington pay Claims Ordinance 2012-08 in the amount of $219,628.55 for payment of city bills.”  Council Member Hoyt, “I second the motion.”  Council Member Hoyt explained: Sewer Improvement Project Phase II was $103,000; Water Line Replacement was $30,000; and Parks Department Pickup was $23,000.”  Hearing no further discussion, Mayor Merry directed City Clerk Kewley to poll Council for a vote. All votes were in favor.  Mayor Merry declared Claims Ordinance 2012-08 unanimously approved.

      PAYROLL 2012-09:  Council Member Hoyt “I move City of Burlington pay Payroll Ordinance 2012-09 in the amount of $69,193.57.”  Council Member Scott, “I second the motion.”  Hearing no discussion, Mayor Merry directed City Clerk Kewley to poll Council for a vote.  Motion carried unanimously.  Mayor Merry declared Payroll Ordinance 2012-09 approved.

PLANNING & ZONING:  Update

      Assessed Valuation:  Although Zoning Clerk Hugunin has not been doing any mowing, he did prepare the quarterly report of assessed valuation of new building and improvements in Burlington.  The valuation was $390,950 for the first quarter of 2012.

      Permits:  Zoning Clerk Huginin has been busy with permit applications.  He has also been getting the permit log updated and preparing the approved permits ready to transmit copies to the County Appraiser.

      Arbor Day Celebration:  Due to last Friday’s inclement weather, the Arbor Day Celebration was moved to 5:30 Monday evening, May 7, at Kelley Park.

      Planning Commission Meeting:  The Planning Commission will meet at 7:00 p.m., Wednesday, May 9, at City Hall.

      City Hall Vehicle:  Zoning Clerk Hugunin reported bids for a vehicle for City Hall were opened on the 23^rd of April.  City Clerk Kewley will report on them later in the meeting.

      Conrad Park:  Zoning Clerk Hugunin said he cleared up confusion about the Conrad Park Playground by putting a picture on Facebook.

      New City Website:  No responses have been received on the Zoning Clerk’s request for quotes for a new City website.

OTHER COUNCIL BUSINESS – Elect President of Council

      Mayor Merry had thought Council may want to change the President of Council and said, “Everybody ought to have a chance at being Mayor once in their lifetime.”  [Per City Code Chapter I, Article 2, Section 1-206, “The City Council shall elect one of its own body as President of the Council.  The President of the Council shall preside at all meetings of the council in the absence of the Mayor.  In the absence of both the Mayor and the President of the Council, the Council shall elect one of its members as ‘Acting President of the Council.’  The President and Acting President, when occupying the place of Mayor, shall have the same privileges as other Council Members but shall exercise no veto.”]  City Attorney Smith explained that it’s traditionally been the senior incumbent of the Council – not by age, but by tenure / years served on the Council – who is elected President of Council; and that person has in the past retained the position until leaving Council.  Bill Scott, who is now President of Council, is the senior (most tenured) member of the Council.  After some discussion, Council Member Luke moved to re-elect Bill Scott as President of Council.”  Council Member Rhodes, “I second.”  Hearing no further discussion, Mayor Merry called for a vote.  Motion unanimously carried. 

OTHER COUNCIL BUSINESS – Mayor’s Annual Appointments

      Mayor Merry presented the Mayor’s Annual Appointments for 2012. 

In compliance with the Code of the City of Burlington, Kansas, I Gene L. Merry, Mayor for the City of Burlington, Kansas, do hereby submit the following officer appointments subject to approval and consent of the City Council:

CITY OFFICER AND BOARD APPOINTMENTS

STANDING COMMITTEE APPOINTMENTS

      Council Member Hoyt stated, “I move to ratify the Mayor’s Annual Appointments for 2012.”  Council Member Curtiss, “I second the motion.”  There was discussion on the Mayor heading up three committees.  Mayor Merry explained that Jerilyn is still in the learning process for Streets & Alleys and this is the last year he will chair that committee.  Council Member Scott thought Streets create a little bit of a chain of command issue in that if the

Superintendent had an issue with the Committee, then he could go to the Mayor; but in this case, he can’t go to anybody.  Next in the chain of command would be the city council, but who would he go see?  Mayor Merry said he wants to stay in one more year.  He thought he has to be chairman on the Public Safety Committee.  He also thought that it is prudent he chair the Industrial and Commerce Committee.  City Attorney Smith commented that it is logical and best for the City that the Mayor be chair; and that he is the one who usually shows people around the city.  Hearing no further discussion, Mayor Merry called for a vote.  Motion unanimously carried.

PERMITS:  Zoning permits issued by Zoning Clerk Hugunin

2012-017  Gary Otta, 406 Jason Street, fence
2012-018  Valerie Williams, 825 Neosho Street, fence

LICENSE:  Cereal Malt  License – La Hacienda, 1108 N. 4^th Street

      Council Member Hoyt stated, “I move to approve the 2012 Cereal Malt License for La Hacienda, 1108 N. 4^th Street.”  Council Member Luke, “Second.”  Hearing no further discussion, Mayor Merry called for a vote.  Motion unanimously carried.

LEGAL DEPARTMENT:  Agreement with District Court for Municipal Court to use their facilities

      City Attorney Smith informed Council that as of 4:30 this evening, we have an agreement with the District Court to use of their facilities for Municipal Court.  He asked it be approved to be effective in July since their fiscal year starts the 1^st of July.  The Agreement is renewable annually; we are responsible for the use of the facility for any damage or liability; and District Court has priority use of the facility. 

      Council Member Scott stated, “I move we enter into this Agreement as presented for Burlington Municipal Court to use the Coffey County District Court facilities.”  Council Member Rhodes, “Second.”  After some discussion, the motion was changed to read, Council Member Scott. “I move we enter into this Agreement for Burlington Municipal Court to use the Coffey County District Court facilities, effective July 1, 2012.” Council Member Rhodes gave a second.  Hearing no further discussion, Mayor Merry called for a vote.  Motion unanimously carried.  City Attorney Smith will bring the approved Agreement in for the Mayor’s signature.

CITY CLERK’S OFFICE:  Update

      General:  City Clerk Kewley has been busy with customers paying utility bills, work orders, preparing vouchers for bill paying, doing payroll, preparing minutes and other documents for Council meetings, and handling calls and inquiries.

      Refinancing Current Loans – Finance Meeting:  City Clerk Kewley reported on the Finance Committee meeting on April 24^th with Mr. Arteberry (Financial Advisor) on structuring scenarios of refinancing of our current loans.  The Committee recommended choosing scenario 1, which would be accrued estimated savings equal to a savings of approximately $428,614.48 over thirteen years.

      Refinancing Current Loans –Bonds:  City Clerk Kewley explained that after the Finance Meeting on April 24^th, Dotty Riley (our Bond Counsel) informed the City that in order to establish authority to issue bonds for each of the projects to be financed, the City needs to authorize issuance of bonds for each type of project (sewer, water, main trafficways, home rule/streets that are not main trafficways).  So, for the May 16 Council meeting, the City will have resolutions prepared for formal action.

      KHRC Training:  City Clerk Kewley attended the Kansas Human Rights Commission ?????? (KHRC) managers training on the 25^th of April.

      Department Staff Meeting:  The meeting was on Friday, the 27^th of April.

      Municipal Judges Conference:  City Clerk Kewley reported she attended the Municipal Judges Conference to receive her required judicial credit hours, in Wichita on Sunday, Monday and Tuesday.

      Sewer Construction Meeting:  City Clerk Kewley will be attending the Sewer Construction Project Meeting tomorrow at 10 a.m.

      Budget Training:  City Clerk Kewley and Deputy City Clerk Brown will be attending the State budget class on Monday 14.

CITY CLERK’S OFFICE:  Update

      City Clerk Kewley explained that Zoning Clerk Hugunin had handled obtaining bids for the City Hall vehicle while she was on vacation.

      Zoning Clerk Hugunin explained that of the three bids received, that one from Longbine Auto Plaza was much lower than the others; which was quite a bit higher than the required 5% differential to purchase out of town.  (continued)

      Council Member Hoyt “I make a motion to accept the bids for a vehicle for City Hall as bona fide.”  Council Member Scott, “Second.”  Hearing no discussion, Mayor Merry called for a vote.  Motion unanimously carried.

      Council Member Hoyt, “I make a motion to accept the bid of $25,413.60 from Crow Moddie Chevrolet for the Traverse, as being the best bid for the development of the City and for the amount of work they do for the City.”  Council Member Curtiss, “I second the motion.”  Mayor Merry called for discussion on the motion.  Council Member Hoyt explained he knows although it is more than 5% difference, we have the ability to accept it as the best bid in the interest of the City, not necessarily the lowest bid.  Also, he feels with the amount of sales tax we collect from them and that they employ a number of employees there is not enough dollar difference for him not to accept Crow Moddie’s bid.  Hearing no further discussion, Mayor Merry called for a vote.  Motion unanimously carried.

REPORT BY CITY OFFICERS:  LED Lighting Project

      Council Member Luke suggested everyone go down to Kelley Park at night to see all the new LED lighting in the Victorian lights, which we also have on the streets.  Superintendent Schneider said the retrofit went quickly and well; and that the rest of his order is in shipment now.

REPORT BY CITY OFFICERS:  South Haven

      Mayor Merry referred Council to the information that was provided on the costs of running sewer, water, electric through the project.  Council Member Luke said underground electric is estimated at $30,000 and for overhead it is $100,000.

Mayor Merry declared the meeting adjourned.    Approved by City Council and signed by Anne C. Brown, Deputy City Clerk

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BURLINGTON CITY COUNCIL REGULAR SESSION APRIL 18, 2012

City of Burlington Governing Body met in Regular Session at City Hall, 301 Neosho Street, Burlington, Kansas at 6:00 p.m. Wednesday, April 18, 2012.  Mayor Gene L. Merry called the meeting to order.

ROLL CALL:   Mayor Gene L. Merry

  Council Members present:

      Yes William C. Scott (President of Council)                Yes Roger Kent Hoyt               Yes Lewis Lenard
      Yes R. Standley Luke (Stan)                                      Yes Forrest T. Rhodes              Yes erilyn Curtiss

  Superintendents Present: Yes Kevin Boyce (Parks)   Yes Alan Schneider (Electric)   YesDoug Jones (Chief of Police)
                                             Yes Doug Mast (Street)      Yes Danny Hawkins (Water/Wastewater)        

  Also Present:   No Regina Kewley (City Clerk)            Yes Anne C. Brown (Deputy City Clerk)
                           Yes Stephen Smith (City Attorney)        Yes Jimmy Hugunin (Zoning & Grants Clerk)
                           Yes Susan Stroh (Administrative Assistant)

  Media Present:  Mark Petterson, Coffey County Republican

VISITORS:  Stephen W. Freeman (South Haven Subdivision), David Arteberry (Financial Advisor), Shalena Rohrer, Jen Plummer (Relay 4 Life), Salli Stewart and Angie Kirchner (Taste of Fall Festival), Chuck Coker

AGENDA:  Council Member Hoyt “I move to approve the agenda as amended.”  Council Member Curtiss, “I second the motion.”  Motion unanimously carried.

MINUTES:  Council Member Hoyt, “I move to approve the Draft Minutes for the regular session of April 4, 2012 as amended.” Council Member Luke, “I second the motion.”  Motion unanimously carried.

APPOINTMENT: Jen Plummer-Request City to donate Kelley Hall for Relay -4-Life Cancer Survivor’s Dinner

      Jen Plummer requested permission to use Kelley Hall on May 31^st for the Cancer Survivor’s Dinner.  Council Member Hoyt stated, “I move to approve Jen Plummer’s request for Relay-4-Life to hold their Cancer Survivor’s Dinner at Kelley Hall on May 31, 2012 at no charge.”  Council Member Curtiss, “I second the motion.” There being no discussion on the motion, Mayor Merry called for a vote.  Motion carried unanimously.

APPOINTMENT:  David Arteberry –Re-financing of Outstanding State Loans

      David Arteberry, the City’s Financial Advisor with George K. Baum & Company, introduced himself while he distributed the handouts:  City of Burlington, Kansas General Obligation Refunding Bonds Series 2012-A, Calendar of Events; and Analysis of refunding Outstanding State Loans.  Mr. Arteberry said he is here to talk about refinancing three outstanding State loans that the City has; and that after his discussion, Council will vote on a ‘go to market’ resolution.  Passage of the resolution would authorize George K. Baum & Company, City staff, and our Bond Counsel, Dotty Riley (Kutak Rock), to actually prepare and offer bonds to investors.  The final step the City will need to take related to the bond issue wouldn’t occur until Council’s May 16^th meeting when they would be looking at locking in the interest rate on the financing. 

      Mr. Arteberry, referring to the handouts, reviewed the savings the City will see with the refinancing and the steps involved.  He commented, “I like to use this comparison when considering refinancing:  It is really very similar to refinancing a home loan.  The City will be going out and issuing new bonds, incurring some new debt, and using the proceeds from the sale of the bonds to pay off your old debt – your State loans.  The State Sewer Revolving Loan (Project No. 1328) has an outstanding amount of $223,127.46, goes out to the year 2013, at an interest rate of 3.92%.  The State Water Revolving Loan (Project No. 2231) has an outstanding amount of $3,522,206.91, goes out to 2025, at an interest rate of 3.89%.  The State KDOT Revolving Loan has an outstanding amount of $817,959.81, goes out to 2024, and has an interest rate of about 3.87%.”  He commented the average interest rate of the three loans would be 3.8% to 3.9%.

      Mr. Arteberry said, “Based on current interest rates, we estimate what size the new bond issue payments would look like.  This is the bond issue that would provide money to redeem those three old outstanding loans.  The new bond issue, which would go out to the year 2025, would be sized to pay all the costs related to reissuing the bond, so it would all be included in this new bond issue.  The size of the new bond issue would expect to be for $4,730,000.00; and with the average interest rate or All Inclusive Cost, which factors in issuance costs, is now at about 2.4%.  So we would basically be dropping the rate from the existing loans at 3.9% to a new bond issue with about a 2.4% interest rate.  In comparison of the new debt service to the old debt service, the savings is about $30,000 per year out to the year 2025, which will total up to approximately $428,000 over twelve or thirteen years.”  Mr. Arteberry explained the present value savings will be around is around 8.9%.  The present value savings is a key measure with a lot of issuers when looking at refinancing debt will require a minimum present value savings of around 2.3%.  The City’s savings is approaching 9%, so it is an attractive issue to look at for refinancing.  He thought the State looks at 2% present value savings when refinancing.  He stated, “Like I said, proceeds from the bond issue would be used to redeem the old loans and also to pay the issuance costs on bonds.”

      Council Member Luke asked, “Is the 2.4% due to just the market or due to our credit rating?”  Mr. Arteberry, “BOL Bond rating, or whatever it is called.  It’s driven by effect of the overall market which is very low in interest rates.  These rates in here (the analysis handouts) are based on the assumptions, you know with the city’s existing credit without a bond rating – we don’t currently have one.  We’ll probably talk more about it at the Finance Committee meeting on April 24^{th (}at 9:00 a.m.), but at this point I don’t anticipate that we would look at getting a rating on this bond issue; and still, it would be about 2.9%.”

      Mr. Arteberry also reviewed the Calendar of Events.  Today the City would pass the Resolution.  At the Finance Committee meeting on the 24^th of April, a minimum savings target will be established – what minimum acceptable level of savings would be; so when the bids for the sale of the bonds are opened May 16, our Financial Advisor will know the minimum percentage we will accept.  What they will be bidding is an interest rate, and whoever offers to buy the bonds from the City at the lowest interest rate will be awarded the sale; provided they met all the bidding parameters.  Mr. Arteberry said, “We will be at the bid opening at 1:00 p.m. on May 16 at City Hall to collect the bids, review them, and verify them.  That evening at the Council meeting, provided that your minimum savings target has been met, you would then take the final steps to pass a Bond Ordinance and Resolution to lock in those savings.”  He reviewed the other steps which are on the Calendar of Events.  On the 8^th of June, the loans would be repaid with the State.

      Mr. Arteberry explained, “The resolution you have tonight puts into motion the things we talked about.  It officially schedules the bid opening at 1:00 p.m. on the 16^th of May.  If for some reason, the market doesn’t look good on that day and it would be better to move the bid opening, this resolution also gives authority for the Mayor to approve an alternate date for the sale.  It provides that a minimum sales target will be decided by the Finance Committee.  It authorizes the Mayor and City Clerk to approve the official statement that is distributed to potential purchasers.  It authorizes the publishing the notice of sale.  It also authorizes the City to enter into or make commitments going forward and that each year you will provide continuing disclosure; which is that each year you will file the City’s financial information with a National Depository.”  He explained there are different ways we could approach providing our continuing disclosure.  It would be ideal to make arrangements with our auditor to send/file electronically any information required - annual audit, financial statements, assessed value information – with the Depository.  Our Bond Counsel, Kutak Rock, will also help.

      Council Member Hoyt stated, “I move to approve Resolution 2012-07, Authorizing the Offer for Sale of Certain General Obligation Refunding Bonds Series 2012-A.”  Council Member Lenard, “Second.”  Mayor Merry called for discussion.  Council Member Luke said Section 2 needs changed to show Council meets at 6:00 p.m., not 7:30 p.m.  Council Member Hoyt amended his motion to read, “I move to approve Resolution 2012-07, Authorizing the Offer for Sale of Certain General Obligation Refunding Bonds Series 2012-A, with Section 2 changed to show the Council meets at 6:00 p.m.”  Council Member Lenard, “Second.”  There being no further discussion on the motion, Mayor Merry called for a vote.  Motion unanimously carried. 

      Mr. Arteberry stated, “I appreciate the opportunity to work with the City on this.”   Council Member Luke asked if the Certificate Regarding Minimum Net Present Value Savings is part of the Resolution.  Mr. Arteberry explained, “The Resolution says (in Section 1, Paragraph 2: b) net present value savings to the City in an amount that is not less than the minimum savings determined acceptable by the City’s Finance Committee prior to the date of the sale.’  So, the Certificate is what the Finance Committee will sign and which officially sets the minimum savings; and at that point it becomes a part of the Resolution; and it will probably be attached to the Resolution to show what action was taken to set the minimum.”  Council Member Hoyt reminded everyone the Finance Committee will meet on Tuesday, April 24^th at 9 a.m. at 303 Neosho.  Mr. Arteberry told Deputy City Clerk Brown the Resolution can be sent to Dotty Riley, our Bond Counsel.

APPOINTMENT:  Salli Stewart –Taste of Fall Festival

      Salli Stewart addressed Council saying she and Anita Kirchner were here on behalf of Burlington Promotions.  They would like to do the second annual Taste of Fall Festival on the first weekend of October, with the City’s permission and assistance much like last year, with street closings and the Hay Maze, and for the Hay Maze to be allowed to run through to the end of October. 

      At their September 7, 2011 meeting, Council had approved Burlington Promotion’s request to set up a Hay Maze on the south side of the East River Bridge in the parking lot and in the grass area for the month of October for the Taste of Fall Festival and Burlington High School Band fundraiser; and for street closings on both Saturday and Sunday (October 1 and 2, 2011), which would be: Neosho Street between 3^rd and Highway 75 including the intersection at 3^rd and Neosho, 3^rd Street between Neosho and the south entrance to Kelley Park, Neosho between 2^nd and 6^th Street, and 3^rd Street, half of the block north of Neosho and half of the block south of Neosho; for the City of Burlington Departments to provide support in the form of temporary electricity, barricades, bleachers, arranging for portable toilets, trash receptacles, etc. 

      Mrs. Stewart asked if the streets could be shut down as they were last year and the city departments could help out, they would love to have that.  She also asked for use of the Municipal Parking Lot at 2^nd & Neosho and some of the grassy area as well for the Hay Maze, which would run through the month of October.  Council Member Curtiss asked if there had been any problems last year.  There were none. 

      Council Member Curtiss stated, “I move to approve Salli Stewart’s request on behalf of Burlington Promotions to hold the Taste of Fall Festival Maze on the 6^th and 7^th of October, with the street closings requested and the help from Supervisors of the different City Departments.”  Council Member Scott, “Second.”  It was mentioned the Hay Maze is for the entire month.  Council Member Curtiss amended the motion to read: “I move to approve Salli Stewart’s request on behalf of Burlington Promotions to hold the Taste of Fall Festival on the 6^th and 7^th of October, with the street closings requested and the help from Supervisors of the different City Departments; and to set up the Hay Maze for the entire month of October.”  Council Member Scott, “Second.”  There being no further discussion on the motion, Mayor Merry called for a vote.  Motion unanimously carried. 

ELECTRIC DEPARTMENT:  Distribution (Line Department)

      General:  Superintendent Schneider reported personnel have been changing out poles, adding new poles, doing a short-line extension to the west end of Burlington, replacing anchors that have failed backing up our lines, got a good start on cutting dead trees out of the cemetery, and removing services for structures being demolished.

      Spring Brush Pickup:  Roughly sixty truckloads of brush were picked up during the spring brush pickup. 

ELECTRIC DEPARTMENT:  (Production)

      Generator #6:  Generator #6 is up and running, so we’re back in business at full power.

      Generator #5:  Maintenance is being done on Generator #5 – nothing major.

      Caterpillar Power – maintenance:  They have been working with CAT Power on the black start generator.  Superintendent Schneider explained that the computer logic unit that’s in it is backwards.  Ideally, it starts when we get there or before we get there so we will have Plant power to do the rest of our job.  In order to use that as a load sharing generator, you’ve got to shut it down and it goes into a cool-down mode, then shuts itself down; and when it starts back up, it has to see that everything is back up to temperature before you can actually use it as a load share generator.  We are working on reprogramming that to where we can just break our tie to where it will go down to an idle state and we can go into a load share generator without actually shutting it down.  We’ve been working with CAT Power on that as well to solve that problem.  Correcting that will save us fifteen to twenty minutes easy.

WATER/WASTEWATER DEPARTMENT:  Distribution

      General:  Personnel have been doing rereads, reading meters, doing locates, safety training, helping with the brush cleanup, tilling and seeding areas that were dug up to repair leaks, and normal work.

      Water Valves:  Personnel have been continuing to locate water valves throughout the city, turn/exercise the valves, raise the valves up to ground level, and paint the tops of them.  This will be an on-going process.

      Spray Boom:  Superintendent Hawkins said his crew built a new spray boom on the new 4-wheeler, which they’re proud of.  It will make their jobs a little easier for spraying around the lagoons, the water towers, and the Water Plant.

      Waterline Replacement Project 2012:  Superintendent Hawkins reported all the materials have come in for the Waterline Replacement Project and are on the south end of the dock at the Water Treatment Plant. 

      Atrazine Testing – Not Needed in Burlington:  State of Kansas told us last week that we no longer need to do Atrazine testing. For several years KDHE wanted to know how much of the Atrazine farmers were spraying on their fields was running off into the river, so it was required that we test for Atrazine levels.  Our numbers are miniscule, so we are no longer required to test for Atrazine here in Burlington.  KDHE did ask that we do a follow-up with them, so he is going to visit with a gentleman who called and asked him to write an official letter; so it was a verbal he had on the phone.

      Waterline Easement – Cliff Williams:  Superintendent Hawkins said he has been working with Attorney Smith on an easement for Clifford Williams.  We are going to tie in a two-inch waterline in the 10^th and Lynx area (Freeman Subdivision II) back into the four-inch line. 

WATER/WASTEWATER DEPARTMENT:  Production – Water Treatment Plant

      Superintendent Hawkins reported they have been changing out the oils in the rapid mixer and reactor mixers.  The Water Plant has been running very well and the TOCs have plummeted since we’ve had more rain, which was a really good thing for us.  The new employees are doing a very good job and are catching on quickly. 

WATER/WASTEWATER: Waterline Replacement Project  Agreement with Kahle Inc.  (6^th & Niagara to 6^th & Potomac) 

      Superintendent Hawkins said we’ve been working with Randy Kahle, Kahle Incorporated, on the Waterline Replacement Project.  He referred to the Water Line Replacement Agreement he had discussed with the Water Committee and City Clerk, and that the City Attorney had helped with.  It requires a motion and the Mayor’s signature.  The waterline replacement is for a three block area.  Per the Agreement, we provide all the materials; and Kahle will install 8” waterline from 6^th and Niagara to 6^th and Potomac based upon a project estimate of $25 per foot, which includes installation of all valves, hydrants, tapping, boring, fittings, and testing on all new main lines.  Kahle shall also be responsible for all necessary disconnects to existing city service lines after service has been reinstated.  Mayor Merry asked if it is higher at $25 per foot because of the borings, and Superintendent Hawkins answered that is correct.  Council Member Hoyt pointed out that this is part of the project we set up a year ago starting to budget so we could start replacing our waterlines so we’re not in debt – part of our progressive replacement program.  Superintendent Hawkins said it is.  This is the trunk line, and we are replacing the 6” cast iron line to an 8”; and it’s the beginning phase.  If the Agreement is signed and we’re ready to go, he can get started on it as early as next Monday.

      Council Member Lenard asked if we typically require Performance Bonds, if we know the cost of the Bond, and if it is included in the $25 per foot.  Superintendent Hawkins answered that we do require them.  He then read the second to last sentence of the Agreement, ‘Cost of bond to be determined by final contract price and added thereto.’  He thought it would be in the ballpark of $600.

      Council Member Luke stated, “I move to enter into the Water Line Replacement Agreement with Kahle, Incorporated for replacement of waterline from 6^th and Niagara to 6^th and Potomac.”  Council Member Rhodes, “Second.”  There being no further discussion on the motion, Mayor Merry called for a vote.  Motion unanimously carried. 

STREET DEPARTMENT:  Update

      General:  The Street Department has been working on the city-wide trash cleanup and finished it yesterday.  They have been working behind Pamida doing some alley work. 

      Kennedy Street Rebuild:  Superintendent Mast reported they have been trying to finish the rebuild of Kennedy Street and it is opened up.  They spent quite a bit of time doing some rework on the drainage up in that area.  They tilled and seeded the ditches they had disturbed trying to get those planted before it’s too late.

      Asphalt Project 2012 preparations:  Superintendent Mast said they will start doing some concrete repairs prior to our asphalt project.  There are repairs to be made on Cross Street, along with some repairs to some sidewalks around town.  There are small holes downtown that trees came out of and things like that.  They are going to get ready to start with Burlington Construction, probably in the next couple of weeks.

      Larry Gales – Drainage Issues:  Mayor Merry said he’d gotten a couple of calls from Larry Gales about a ditch.  Superintendent Mast explained it is no different than it was four or five years ago.  The Street Department did not move any culvert in that area.  They just cleaned out from bottom of culvert to bottom of culvert; and will go back to till and seed.  He said, “It is what it is.  Water needs to go downhill and that’s the way it is.”  Mayor Merry said he understands.

      Larry Gales – Sewer Issues:  Mayor Merry said Larry Gales also has sewer issues, and Superintendent Hawkins is aware of them.  He said the contractors will come back and take care of it.

POLICE DEPARTMENT:  Update

      General:  Chief Jones reported it has been normal calls for the Police Department; and it seems he spends a lot of time in meetings.  The LEPC meeting was last week.  The SADD Mock Disaster will be at Kelley Park on tomorrow at 9 a.m.  Mayor Merry thanked Chief Jones for covering for him at the Health Assessment Workshop while he was helping with the trash pickup. 

      Unused/Unwanted Drug Disposal:  Chief Jones reported the DEA Drug Take-back Program in Burlington is the last Saturday of this month, on the 28^th from 10 a.m. to 2 p.m. in the Water Plant parking lot.  Just in the DEA region (about a 5 ½ state area), 348 agencies are participating and will be doing collections at 457 sites – and 71 of those agencies are in Kansas.  There is quite a bit of interest in this program, so we’re hopeful to see what kind of results we get.

      Nuisance Properties:  Housing demolitions are in progress.  Chief Jones said there are several property owners they are pushing hard to take advantage of the free brush pickup and trash pickup during the City’s Spring Clean-up effort.

POLICE DEPARTMENT:  Animal Shelter – Roof Replacement Bids

      Chief Jones reported on bids received for replacement of the Animal Shelter roof.  He put out bid invitations to three local vendors.                                                   BID                                             BID                                                   QUOTE

                                   Burris Roofing          Freeman Construction                      Abendroth

Asphalt shingle              $3840.00                       $4565.00                                   $3519.00

Metal roof.                    No bid.                         $4665.00                                   no bid

      Council Member Hoyt stated, “I move to accept the bids for the Animal Shelter roof as bona fide.”  Council Member Luke, “Second.”  There being no further discussion on the motion, Mayor Merry called for a vote.  Motion unanimously carried. 

      Chief Jones said he requested bids on asphalt shingles and on a metal roof.  He only received one bid on a metal roof.  After discussion on the two types of roof, Chief Jones recommended accepting the low bid from Abendroth for an asphalt roof.  Council Member Lenard pointed out that Mike Abendroth could start immediately and finish in a couple of days.  He also cautioned that we need to hold contractors to a schedule.  Chief Jones explained the weather could affect the completion date.  Council Member Scott stated, “I move to accept the low bid of $3,519.00 from Abendroth for replacement of the Animal Shelter roof.”  Council Member Lenard, “Second.”  Council Member Hoyt asked if it is a bid of 30-year asphalt shingles.  Chief Jones said it is.  There being no further discussion on the motion, Mayor Merry called for a vote.  Motion unanimously carried. 

PARKS DEPARTMENT:  Update

      Parks personnel have been cleaning public buildings and restrooms, mowing and spraying weeds.  They are getting flower beds ready for planting; and the Burlington Jaynes have volunteered to come help plant.  They have been seeding grass along the Walking Trail and the sidewalks and attended the KMU safety training.  One employee helped with the trash pickup.

PARKS DEPARTMENT:  Conrad Park – Disposal of the old playground equipment

      Superintendent Boyce requested direction disposing of Conrad Park’s old playground equipment.  After discussing whether to offer it to other cities in the county, sell at public auction, or dispose of it as scrap iron, it was decided that due to safety issues, it should be scrapped.  Council Member Scott said the Parks Committee will take care of it.

FINANCE:  Claims Ordinance & Payroll Ordinance

FINANCE:  Claims Ordinance & Payroll Ordinance (CONTINUED)

      CLAIMS 2012-07:  Council Member Hoyt, “I move City of Burlington pay Claims Ordinance 2012-07 in the amount of $321,800.07 for payment of city bills.”  Council Member Rhodes, “I second the motion.”  Council Member Hoyt explained, “There are two major items.  Electric purchase of $142,000 and change; and Bartlett & West for Sewer Improvement Project Phase II $75,000 and change.”  There being no further discussion, Mayor Merry directed Deputy City Clerk Brown to poll Council for a vote. All votes were in favor.  Mayor Merry declared Claims Ordinance 2012-07 unanimously approved.

      PAYROLL 2012-08:  Council Member Scott “I move City of Burlington pay Payroll Ordinance 2012-08 in the amount of $64,298.76.”  Council Member Hoyt, “I second the motion.”  There being no discussion, Mayor Merry directed Deputy City Clerk Brown to poll Council for a vote.  Motion carried unanimously.  Mayor Merry declared Payroll Ordinance 2012-08 approved.

PLANNING & ZONING:  Update

      City Hall Vehicle:  Zoning Clerk Hugunin reported he has mailed out all the Invitations to Bid.  A couple of dealerships from out of town have come down and looked at our van.  Bids are due by 10:00 the morning of April 23.

      Floodplain:  Zoning Clerk Hugunin reported he attended a Flood Management meeting in Lawrence yesterday.  He was asking about updated flood maps because they were talking about how old ours are.  Zoning Clerk Hugunin said he asked about costs, and was told that FEMA will come down at no charge and update everything; but he wants to clarify that with FEMA because he doesn’t think that is correct.

      Permits:  Zoning Clerk Huginin did a couple of permits this week. 

      Arbor Day:  Burlington’s Arbor Day Celebration is scheduled for 5:30 p.m., April 27, at Kelley Park.  Council Member Lenard said the scouts offered to help with the Arbor Day Celebration.  Zoning Clerk Hugunin said they would not turn the help away.

      Assessed Valuation:  Mayor Merry asked Zoning Clerk Huguin to have the quarterly report of improvement and assessed valuation of new building in Burlington for the next meeting of Council.

      ECKAN – Use sidewalk area for Serving Hot dogs:  Zoning Clerk Hugunin had given his okay to ECKAN to set up a hotdog stand on the sidewalk and give away hotdogs.

      Nuisance Houses:  Chief Jones said the last of the houses that were on the demolition list is nearly done.  One person had three houses on the list, withdrew two of them because he thinks he can get them sold; but quite a bit of progress has been made on the rest of them. 

      Other Nuisances:  Chief Jones said he is still working on nuisance vehicles, have started working on grass and weed nuisances, and are working nuisance property. 

PLANNING & ZONING:  South Haven Subdivision and Developer’s Agreement

      Council Member Hoyt, based on the Work Session last Wednesday, April 11, stated, “I am going to make a motion to waive the current Developer’s Agreement and allow the Mayor along with the City’s Counsel to work with the Developer of the South Haven project, Stephen Freeman, to work out an acceptable Developer’s Agreement to be brought back to the Council for approval.  This is to allow the Developer to hire an Engineer and start work on a preliminary plat.”  Council Member Lenard, “Second.”  Mayor Merry called for discussion. 

      Council Member Luke, “Does that not go back to the Planning & Zoning Board (Planning Commission) before it comes to Council?”  City Attorney Smith advised, “That’s who Stephen needs to be working with, rather than City Council, because they’re the ones that work it out and then present it to you for approval.”  Council Member Hoyt amended his motion to “I am going to make a motion to waive the current Developer’s Agreement and allow the Mayor along with the City’s Counsel to work with the Developer of the South Haven project, Stephen Freeman, to work out an acceptable Developer’s Agreement to be taken to the Zoning Board for their approval, and to be passed on the Council.  This is to allow the Developer to hire an Engineer and start work on a preliminary plat.”  Council Member Lenard, “Second.” 59:00  Council Member Hoyt stated, “I’m not saying we’re dumping the current Developer’s Agreement that we have in place overall.  It’s just in this instance so we can get something moving.”  Mayor Merry asked the City Attorney, “Are you still good with helping the Planning Commission?”  City Attorney Smith said, “If they request it; but that is where it needs to be formulated and then they do their work, and then it comes back to Council.”  Council Member Hoyt, “My reasoning for with Steve being there he knows what we currently have in zoning - that we have different things in place, and that way a package can be put together and taken to the Zoning Board to make sure they look good so we can get something on it.  That’s my theory behind the motion.”  There no further discussion, Mayor Merry called for a vote on the motion.  Motion unanimously carried.

      Mayor Merry stated, “Along with that so we can keep other things moving, I would like Council to approve my recommendation of Lewis figuring out the numbers on the water inside of the development – connecting where we are and through the development.  I’d like to have the electric numbers from Stan on what it would cost to come through to connect into the Industrial Park.  I’m asking for material costs only because we’re already paying labor and equipment unless we’re going to contract the electric out.  On the sewer I’d like Forrest to get a little firmer number from Bartlett & West on actual sewer costs inside and to the northeast corner of the development.  I don’t know if that needs a motion.”  City Attorney Smith, “I’ve got to say, you are breaking City policy on how to figure the costs.”  He commented, “That’s a joke.”  Mayor Merry, “You know, I just took a concealed carry class.”  City Attorney, “I didn’t see it posted on the door.  You’d probably be surprised who’s carrying.”  Council Member Luke, “Are you looking for getting to the property, or for distribution throughout the property?”  Mayor Merry, “Distribution throughout the property - a line running all the way through, and we’ll probably have a transformer cost.”  Council Member Luke, “Until I get a plat, otherwise I won’t know whether to go underground or overhead, what side the road we’ll be on, how many connections you’re going to have to make – and that’s all part of the cost.”  01:01:47  Mayor Merry, “What about drawing the lines through the development to tie into the Industrial Park?”  Council Member Luke, “Run overhead line from point A to point B.”  Mayor Merry, “You can get that part done and get the rest later.”  Council Member Luke, “I’m going to pick a number.  Its 2.000 feet.  What’s it going to cost to put in an overhead line for 2,000 feet, with no secondary or anything?”  Mayor Merry, “The same with the waterline going all the way through the development, not just to the edge and connecting into Industrial Park #2.”  Council Member Rhodes asked what he wanted on the sewerline.  Mayor Merry said he just wanted a firmer estimate, and that he thought they (Bartlett & West) are working on it and that he thinks they need to take a few elevations to see where they are from the northeast corner back to the liftstations. 

PERMITS:  Zoning permits issued by Zoning Clerk Hugunin

LEGAL DEPARTMENT:  Update

      Changing Municipal Court Location:  City Attorney Smith informed Council that we still don’t have an answer on the use of District Court for our Municipal Court. 

      Letters   Council Member Scott requested the message be passed on to our attorneys or anyone writing letters sent in our behalf, should be grammatically correct, especially when we are paying them an ‘x’ amount of dollars – it’s unacceptable.  City Attorney Smith pointed out that we are not paying David Cooper.  Mayor Merry said, “Make sure it’s in the minutes that we are paying Employers Mutual.

CITY CLERK’S OFFICE:  Update

      General:  Deputy City Clerk Brown reported that City Hall Staff has been doing normal duties, preparing handhelds for meter reads for the utilities, preparing work orders, preparing vouchers for bill paying, doing payroll, preparing minutes and other documents for Council meetings, and handling calls and inquiries.

      Financials:  Deputy City Clerk said she handed out the first quarter financials for 2012.

      Budget 2013:  Next month, City Clerk Kewley will start working on the 2013 Budget, and will be working with the Superintendents on the line items.

      Audit for 2011:  We have been working with the Auditors who will be here on the 7^th and 8^th of May.

      Staff Meeting on April 27:  Mayor Merry said there will be a Staff Meeting on 11:30 a.m., Friday, April 27 at the Country Club; and an email will be sent out.

REPORT BY CITY OFFICERS:

      Mayor’s Annual Appointments:  Mayor Merry said he is working on redoing the annual appointments, which will be presented in May.  The Cemetery Board has some changes.  He is working through the list.

Mayor Merry declared the meeting adjourned.  Approved by Council. Signed by  Anne C. Brown, Deputy City Clerk

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BURLINGTON CITY COUNCIL REGULAR SESSION APRIL 4, 2012

City of Burlington Governing Body met in Regular Session at City Hall, 301 Neosho Street, Burlington, Kansas at 6:00 p.m. Wednesday, April 4, 2012.  Mayor Gene L. Merry called the meeting to order.

ROLL CALL:   Mayor Gene L. Merry

  Council Members present:

      Yes William C. Scott (President of Council)                Yes Roger Kent Hoyt               Yes Lewis Lenard
      Yes R. Standley Luke (Stan)                                      Yes Forrest T. Rhodes              Yes Jerilyn Curtiss

  Superintendents Present: Yes Kevin Boyce (Parks)   Yes Alan Schneider (Electric)   Yes Doug Jones (Chief of Police)
                                             Yes Doug Mast (Street)      Yes Danny Hawkins (Water/Wastewater)        

  Also Present:   Yes Regina Kewley (City Clerk)           Yes Susan Stroh (Administrative Assistant)
                           Yes Stephen Smith (City Attorney)        Yes Jimmy Hugunin (Zoning & Grants Clerk)

  Media Present:  Mark Petterson, Coffey County Republican

VISITORS:  David Cooper (Fisher, Patterson, Sayler &Smith), Jay Hale (Pastor, First Baptist Church), Brenda Futrell, and Bryant Presley

APPOINTMENT at 6:02 p.m.:  Brenda Futrell/Bryant Presley – Phatal Attraction Cruise-In, Kelley Park, June 9

      Bryant Presley addressed Council to request permission for the Phatal Attraction Car Club to hold their annual Cruise-In on June 9^th at Kelley Park, the same as in the past several years.  (To block off the south side of the park for the event and use everything they usually use – tables, restrooms, trash cans, etc.  The Cruise-In will not affect anyone using the 4-H Building.)  Council Member Scott, “I move to approve the request for the Phatal Attraction Car Club to hold its annual Cruise-In on June 9, 2012 in Kelley Park, and to block off the south side of the park for the event.”  Council Member Luke, “I second the motion.”  Hearing no discussion on the motion, Mayor Merry called for a vote.  Motion unanimously carried. 

      Bryant Presley introduced himself as the new Water/Wastewater Operator for City of Burlington.

AGENDA:  Council Member Hoyt “I move to approve the agenda as amended.”  Council Member Lenard, “I second the motion.”  Motion unanimously carried.

MINUTES:  Council Member Scott, “I move to approve the Draft Minutes for the regular session of March 7 and March 21, 2012 as amended.” Council Member Hoyt, “I second the motion.”  Motion unanimously carried.

APPOINTMENT at 6:05 p.m.:  Executive Session Attorney/Client to discuss litigations

      Council Member Curtiss stated, “I move to enter into Executive Session for Attorney/Client Relations for fifteen minutes, with City Attorney Smith, City Clerk Kewley and David Cooper present.”  Council Member Luke, “I second the motion.”  There being no discussion on the motion, Mayor Merry called for a vote.  Motion unanimously carried.  Council entered Executive Session at 6:08 p.m. and exited at 6:23 p.m.

PUBLIC COMMENT:  None

ELECTRIC DEPARTMENT:  Distribution (Line Department)

      General:  Superintendent Schneider reported they finally got caught up to a comfortable level on tree trimming.  They have been changing power poles and repaired electric services.  He went over the employee Work Plans.  The Electric Department will begin picking up brush for the clean-up this Friday, although the pickup is not actually scheduled to begin until Monday morning. 

      LED Light Project – Victorian Lighting Fixtures, etc.:  Superintendent Schneider reported the company is behind in processing our order and will get our first thirty-eight fixtures in a couple of weeks.  They will do Kelley Park lights first as a test point.  Also, the old high-pressure sodium lights on the outside of the 4-H Building have been taken down and some small LED Packs have been installed and work very well. 

ELECTRIC DEPARTMENT:  (Production)

      Generator #6:  Superintendent Schneider reported the outage on Generator #6 was begun as planned in March.  The intercoolers were in much worse condition than anticipated, so they have taken more time to clean by soaking in acid.  Hopefully, they will be shipped back next week.  They are close to having Generator #6 back in service.  Generator #6 is almost half of their power at about 4.8 megawatts, with a capacity of about 10.4 megawatts. 

ELECTRIC DEPARTMENT:  KMU Conference on May 2-4; Appoint Board of Director #2

      Council Member Luke said the Kansas Municipal Utilities annual conference is on May 2-4 this year; and we need to appoint our Director #2.  Alan Schneider (Electric Superintendent) is Director #1, Council Member Luke is currently Director #2, and for several years we have not been appointing an Alternate Delegate.  Council Member Scott, “I move to appoint Stan Luke as KMEA Director #2 to represent City of Burlington at the 2012 KMU Conference.”  Council Member Rhodes, “I second the motion.” There being no further discussion, Mayor Merry called for a vote.  Motion unanimously carried.

WATER/WASTEWATER DEPARTMENT:  Distribution

      Water Valves:  Superintendent Hawkins reported personnel have been exercising water valves.  They are locating existing water valves throughout the entire city, which will take several weeks.  They are locating the valves, exercising them, raising the valves up to ground level, and painting the tops of them. 

      General:  Personnel have also been fixing water leaks, reading meters, doing line locates, and doing reread requests.  They worked on a two-inch valve on Conger Street - packing went out and was replaced without having to dig up the valve.  Personnel have been hauling top soil to the south end of the Water Plant, along the south edge of the river to make it safer and to look nice.

      Sewer Project follow-up:

      -- Removing Coupons:  Superintendent Hawkins informed Council they have been removing coupons.  When the Sewer Improvement Project contractors cut out services for the residents, coupons passed down and have made it to our lift stations.  The pumps have been removed several times because the coupons get lodged in there.  He has contacted Larry Williams (Bartlett & West) to have the contractors come back in, do a sweep of the wet wells; and if there are any more coupons in the lines, to pull them out. 

      -- Liftstation #1:  Jim Thweatt came down again to work on our #1 Liftstation, and again replaced two relays.  At this time, it is working fine.

      -- Sewer Improvement Project: Skillman Construction:  Superintendent Hawkins said Skillman is doing point repairs.  They have approximately ten digs, and fifty laterals to be completed.  A Sewer Project meeting is tomorrow at 10 o’clock at the Water Plant; and at the end of the meeting, they will briefly discuss highlights of the plans for things they want to get accomplished this year at the Water Plant.

      Sewer Machine:  Superintendent Hawkins reported having problems with a bearing going out on the Sewer machine.  Mechanics from Key Equipment came and fixed the sewer machine onsite.

      Mowing:  Superintendent Hawkins thanked the Parks Department for the fantastic job they did with mowing at the Water Treatment Plant.

      WATERLINE REPLACEMENT PROJECT – 6^th & Niagara to 6^th & Potomac:  Superintendent Hawkins informed Council all the materials have been ordered for the Waterline Replacement Project; and according to the vendors, we should receive the materials this coming Wednesday.  Randy Kahle, Kahle Inc., will probably begin assembling and bringing their equipment in on Monday.  Superintendent Hawkins said he will be visiting – door to door - with the homeowners; six will be affected immediately.

WATER/WASTEWATER DEPARTMENT:  Production – Water Treatment Plant

      TOCs High:  Superintendent Hawkins reported that all the rain we’ve been getting has caused the TOCs to be extremely high; so they are still feeding the Sodium Permanganate.  We’re still getting a few calls about the dirty water taste, so we have increased the dosages on the Permanganate.  Personnel have also been busy during the rains with doing miscellaneous maintenance inside the Water Plant, such as draining rapid mixers and cleaning the blades.

      SCADA System:  Contractors and Jim Thweatt have been doing a lot with the SCADA system installation for our liftstations, which is extremely loud.  Mr. Thweatt will be back to finish up.

WATER/WASTEWATER DEPARTMENT:  Water/Wastewater Operator Trainee – Hire John Hegg

      Superintendent Hawkins reported there were a lot of good applicants for the Water/Wastewater Operator Trainee and interviews were conducted.  He recommended hiring John Hegg to start at $12.33 per hour.

      Council Member Luke stated, “I move to extend an offer of employment as Water/Wastewater Operator Trainee to John Hegg, at the starting hourly salary of $12.33.”  Council Member Rhodes, “Second.”  Council Member Lenard wanted clarification, “Was there some communication that went out to the entire Water Committee that this was the choice to be made?”  Superintendent Hawkins said interviews were not finished until yesterday afternoon.  Council Member Lenard, “We talked about that.  My position on this is that even though the evaluation probably went well, with the breakdown of not having that communication prior to this Council meeting, I’m going to oppose.  Our Committee needs to be part of that decision.”  Council Member Curtiss asked who was in on the interviews.  City Clerk Kewley Council Member Luke (also on Utility Committee), and Superintendent Hawkins participated in the interviews, and all recommended this person for the position.  Superintendent Hawkins apologized for not having responded more quickly.    There being no further discussion, Mayor Merry called for a vote.  Council Member Lenard voted, ‘No.’  All other Council Members voted in favor.  Mayor Merry declared that by majority vote, motion carried.

WATER/WASTEWATER DEPARTMENT:  Sewer Connection Agreement for 215 S. 3^rd Street (Riley Morgan)

      Superintendent Hawkins referred Council to a proposed Agreement between City of Burlington and Riley and Meghan Morgan for sewer service to 215 S. 3^rd Street – formerly known as the Old Fellowes Hall and as the Carriage House.  He did not know the reasoning behind the decision to not connect sewer service back to that property when the 3^rd Street Bridge replacement was finished.  However,   [Council minutes of 10/15/2008 state:  ‘3^rd & Niagara – Valve hit:  The contractor of the 3^rd Street Bridge Replacement Project hit a valve nobody knew was at 3^rd and Niagara.  The Water/Wastewater Department removed the service and hopes it was not to Marilyn Rohr’s building across the street; but if it is, they will take care of it.’]

      Since then, Riley and Meghan Morgan have purchased the property, and the City wants to make it right with him and provide sewer service to their property.  Superintendent Hawkins said he visited with the Water/Wastewater Committee; and then Bartlett & West Engineering looked at it as far as trying to gravity feed, but it’s too flat; and there is also a storm drain through there which is an obstacle.  This Agreement will provide that the Morgan’s will be responsible for purchase of a grinder/pump station, its installation by quality professionals, and its warranties.  Also, the City will authorize payment of up to $2,000 to assist the Morgan’s with the purchase of the grinder/pump station.  After installation of the grinder/pump station and acceptance by the City, City of Burlington will provide service to their property by connecting to a city-constructed and installed two-inch force main to service that grinder/pump station.  Council Member Hoyt clarified that the Morgans will pay any expenses for the pump/grinder station over the amount of $2,000 the City will pay; and the City will pay expenses to connect the sewer to that pump station, including boring under 3^rd Street.

      Council Member Luke stated, “I move for the City of Burlington to enter into an Agreement with Riley and Meghan Morgan for Sewer Connection to 215 S. 3^rd Street as discussed above.”  Council Member Rhodes, “I second the motion.”  There being no further discussion, Mayor Merry called for a vote.  Motion unanimously carried.

STREET DEPARTMENT:  Update

      General:  Street Department personnel have been extremely busy.  They have been working on cleanouts and ditches, patching holes, working on several alleys, working on signs, putting rock on streets that were lacking gravel.

      Kennedy Street Rebuild:  Superintendent Mast reported they started the Kennedy Street Rebuild project just off Highway 75 just south of Caseys; and the biggest part of that is already finished. 

      Pamida – Access for working on Utility Poles  They started some work behind Pamida to help get the Electric Department crew in there to service some utility poles.

STREET DEPARTMENT:  Sidewalk Cost-Share Discussion – removed from the table

      Before taking action on a Sidewalk Cost-Share Application, Mayor Merry suggested taking discussion on the Cost-Share Program off the table where it was put during the March 7^th meeting.  Council Member Luke stated, “I withdraw the motion to table discussion on sidewalk repair, and go into what I will classify as communications information transfer so all the people in town know about the program on a regular basis; and that we look at reviewing with those who have damaged sidewalks and possibly meet with them to inform them because not everybody reads the newspaper; and make sure they have actual communication about the program and know the opportunity is there.” 

      Council Member Rhodes asked if we should do a survey of all the streets in town and a list of where there are concerns.  Mayor Merry said that has basically been done with the Street Committee and that our biggest concern was with our liability.  Mayor Merry said it was never his intention to make sidewalk repair be a forced issue.  The Street Committee also talked about making some other repairs and wrapping them in together.  They also want to have at least three or four more communications one way or the other to inform the public that we do have a Cost-Share Program.  Council Member Luke, “We need to have communication other than the newspaper and inform people on a routine basis, specifically from middle spring to mid-fall.  Also, where there are particular situations that exist, if we have direct communication with them to inform them just in case they don’t have access to the news; so they can’t say they weren’t informed.”  Council Member Curtiss and Council Member Hoyt thought it should be a personal communication/contact to those people,  It was suggested to inform the public of the Sidewalk Cost-Share Program in various ways:  newspaper, the City’s website, the City’s Facebook page, informational notices at City Hall, a note on the utility bills, and personal contact.

STREET DEPARTMENT:  Sidewalk Cost-Share Application:  Eric Hatch, 827 DesMoines Street

      Superintendent Mast recommended Council approve Eric Hatch’s Sidewalk Cost-Share Application.

Council Member Scott stated, “I move to approve Sidewalk Cost Share Application 2012-01 for Eric Hatch for 827 DesMoines Street.”  Council Member Curtiss, “I second the motion.”  There being no further discussion, Mayor Merry called for a vote.  Motion unanimously carried.

STREET DEPARTMENT:  Asphalt Project 2012

      Superintendent Mast requested permission to go out for bids for the Asphalt Project 2012.  Council Member Curtiss stated, “I move to authorize Superintendent Mast to go out for bids for the Asphalt Project 2012.”  Council Member Lewis, “I second the motion.”  There being no discussion, Mayor Merry called for a vote.  Motion unanimously carried.  Mayor Merry complimented Superintendent Mast, “You’re doing a whale of a job.”

POLICE DEPARTMENT:  Update

      General:  Chief Jones reported they have been staying pretty active over the last month.  Narcotics cases, fights, and animals seem to be the majority of what they have been doing.

      Unused/Unwanted Drug Disposal:  Chief Jones reported the Burlington Police Department and Coffey County Sheriff’s Office will conduct the Drug Take-Back initiative in Burlington on April 28, 10 a.m. to 2 p.m. in the Water Plant parking lot.

      Municipal Court – Diversion Funds from County Attorney:  Chief Jones said he worked out a deal with County Attorney Witteman for diversion funds to purchase some new targets to add to the firing range, which is jointly used by the Sheriff’s Office and the Burlington Police Department.  The targets are reactive metal target systems that are self resetting and do not require electricity.

      Nuisance Properties:  Housing demolitions are in progress.  Chief Jones said there are several property owners they are pushing hard to take advantage of the free brush pickup and trash pickup during the City’s Spring Clean-up effort.

POLICE DEPARTMENT:  Animal Shelter – Roof Replacement

      Chief Jones reported the Animal Shelter needs a new roof.  Last fall, he got two estimates from a local vendor:  1) Around $4,000 for an asphalt shingle roof and 2) About $4,700 for a sheet metal roof.  Chief Jones requested permission to go out for bids to put a new roof on the Animal Shelter; and although he thinks it would be in the best interest of the City to put on a metal roof because it would last longer, he requested going out for both types of roofs.  The sheet metal roof would look residential.

      Council Member Hoyt stated, “I move to authorize Chief Jones to go out for bids for the Animal Shelter roof, be it either asphalt or metal, depending on the vendor bid and we will make the decision at that point on which type to use.”  Council Member Scott, “I second the motion.”  There being no further discussion, Mayor Merry called for a vote.  Motion unanimously carried.

POLICE DEPARTMENT:  Police Records Clerk – Position Description revision

      Chief Jones requested tabling discussion on the Position Description for the Police Records Clerk until the Police Committee discusses it.  Council Member Scott moved to table discussion on the Position Description for the Police Records Clerk.  Council Member Hoyt provided a second.  Motion unanimously carried.

PARKS DEPARTMENT:  Update

      Maintenance:  Parks personnel have been cleaning public buildings and restrooms, doing dirt work.

      Water Turned On:  Water was turned on at Kelley Park, public restrooms, the Stadium, and the livestock barns. 

      Drake Park/City Dam:  Superintendent Boyce reported water was on at the City Dam, but the grinder pump that pumps the sewer up the hill wasn’t working.  A porta potty was brought in temporarily.  The pump was replaced and has been working as of Friday.  The old pump is being rebuilt to be a spare.  Mayor Merry commented that a lot of people have been fishing and/or observing at the City Dam.

      General: Parks personnel have also been mowing, spraying, planting grass, and doing dirt work and other normal work.

PARKS DEPARTMENT:  Conrad Park Playground – Bid Proposals

Bid proposals received for the Conrad Park Playground were:

      ABCreative (DeSoto) for $48,103.00

      ATHCO (Lenexa) for $48,303.00;

      Fry Park and Playground Equipment (Kansas City, Mo.) for $67,767.98 or $61,994.66; and

      Riggs Recreation Equipment, Inc. (Leawood) for $71,614.00.

      Superintendent Boyce recommended accepting the bid proposal from ABCreative for $48,103.00.  Council Member Scott explained the Parks Committee looked at the bid proposal and had talked to City Attorney Smith.

      Council Member Scott stated, “I move to accept the Proposal of ABCreative for $48,103.00 for the Conrad Park Playground.”   Superintendent Boyce said he measured it out and all four companies came in and looked at it.  This is the least expensive proposal.  Council Member Scott stated that we want good quality equipment because kids will be playing on it and we want them to be safe.  Superintendent Boyce said it will have astro turf.  When approved, it can be ordered tomorrow; and the six week delivery will give him time to get the old out, get a base in, and get a curb in, which will probably be contracted out. Council Member Curtiss, “I second the motion.”  There being no further discussion, Mayor Merry called for a vote.  Motion unanimously carried.  Mayor Merry commented that Joe Conrad, who used to sit on the Council, would be pleased.

PARKS DEPARTMENT:  Park Department Storage Building – go out for bids

      Superintendent Boyce requested permission to go out for bids for a 50’ x 80’ by 18’post-frame storage building for the Parks Department, which would be used to store a lot of the items that are currently outside.  In the winter when the big mower is not being used, it will be stored inside.  In the summer, the loader will be stored inside.  Also, a lean-to will be added on for storage for the Electric Department.  Superintendent Schneider explained they have a chipper that is out in the weather year around and a truck that is used only a couple times a year but is still important for them; and will free up space at the Electric Department for storage and organization.

      Council Member Scott stated, “I move to authorize Superintendent Boyce to go out for bids for a storage building for the Parks Department.”  Council Member Curtiss, “I second the motion.”  Mayor Merry called for discussion. It was clarified that the lean-to is considered as part of the bid.  There being no further discussion, Mayor Merry called for a vote.  Motion unanimously carried. 

PARKS DEPARTMENT:  Welcome to Burlington Signs

      Council Member Scott provided an update on the January 18 discussion about having new signs made for the four entrances to Burlington, and possible new banners for the light poles.  They had talked with Jim Stukey to design four concepts, and with Ryan Menard (KanSeal) about making the metal signs.  Council Member Scott said the Parks Committee met with Jim Stukey, who gave them examples of an artist’s conception.  We are now waiting on Ryan Menard to give us an estimate of what it will cost to have the artist’s designs transferred to the four metal signs and banners.  Council Member Scott said one of the ideas is that individual banners, each having one letter of the city’s name and each with a different etching in it of something related to Burlington.  Council Member Curtiss said for the entrance signs, one design would be at the east and west entrances and the other designs would go over the existing signs on the north and south entrances of the city.

FINANCE:  Claims Ordinance & Payroll Ordinance

      CLAIMS 2012-06:  Council Member Hoyt, “I move City of Burlington pay Claims Ordinance 2012-06 in the amount of $1,330,299.02 for payment of city bills.”  Council Member Rhodes, “I second the motion.”  Council Member Hoyt explained, “Our liability insurance policy, approximately $154,000, is in that; also $141,000 for electricity; $268,000 to pay ourselves back for some of the Sewer Improvement Project once we have the bonding; $344,000 for Phase II of the Sewer Improvement Project; another $212,000 for Phase II.”  There being no further discussion, Mayor Merry directed City Clerk Kewley to poll Council for a vote. All votes were in favor.  Mayor Merry declared Claims Ordinance 2012-06 unanimously approved.

      PAYROLL 2012-06:  Council Member Scott “I move City of Burlington pay Payroll Ordinance 2012-06 in the amount of $66,242.08.”  Council Member Hoyt, “I second the motion.”  There being no discussion, Mayor Merry directed City Clerk Kewley to poll Council for a vote.  Motion carried unanimously.  Mayor Merry declared Payroll Ordinance 2012-06 approved.

      PAYROLL 2012-07:  Council Member Hoyt “I move City of Burlington pay Payroll Ordinance 2012-07 in the amount of $63,437.38.”  Council Member Rhodes, “I second the motion.”  There being no discussion, Mayor Merry directed City Clerk Kewley to poll Council for a vote.  Motion carried unanimously.  Mayor Merry declared Payroll Ordinance 2012-07 approved.

PLANNING & ZONING:  Update

      General:  Zoning Clerk Hugunin reported doing quite a few permits in less than a week, which will be on the agenda for the next meeting.  He attended the Strategic Planning meeting today. 

      City-wide Cleanup:  Zoning Clerk Hugunin reported preparations have been made for Spring Cleanup, including coordinating with Allied Waste for a truck and driver, distributing flyers, and did advertising.

      Crow-Moddie Ford:  Crow-Moddie Chevrolet is getting ready to remodel because General Motors changed their floor plan. 

      Sprinkler System-First Baptist Church :  Zoning Clerk Hugunin has talked with Jay Hale about their sprinkler system.  He talked with Fire Chief Brown who said they just need to contact the State Fire Marshal’s Office.

      Floodplain Training:  Zoning Clerk will be attending Floodplain training in Lawrence.

      Arbor Day Celebration:  The Arbor Day Celebration will be at 5:30 on Friday, April 27, at Kelley Park.

      Tree City USA Recognition:  On March 28^th, Zoning Clerk Hugunin and Tree Board Members Daniel Allen and John Truelove attended the Tree City USA Recognition Day in Derby, Kansas.  City of Burlington was recognized as a Tree City USA for the nineteenth year in succession.  He also prepared the Proclamation proclaiming April 27, 2012 as Arbor Day in the City of Burlington.

PERMITS:  Zoning permits issued by Zoning Clerk Hugunin

  None

LEGAL DEPARTMENT:  Update   None

      Changing Municipal Court Location:  City Attorney Smith said he, Chief Jones, and Judge Campbell met with the Coffey County Commissioners this past Monday morning.  Kent Hoyt was there and vouched for the necessity of help.  The Commissioners do not have control of the District Court room; it’s up to the County District Court Clerk.  She was not as positive about it as the County Sheriff, County Attorney and County Commissioners were, especially when she was told she couldn’t charge for it; but she will talk with Judge Fromme and get back with us.  Attorney Smith said, “It’s a win/win for everybody.  We’re trying to get it implemented by June 1, but it might be July.  Everything has been worked out – where people will come in, where they will be allowed to go, they won’t have access to anything – even the restrooms, the Sheriff’s Office will close everything up after we leave, the Police Department will bring people down the secured hallway to the courtroom.  It will save time with not having to transport defendants back and forth between the jail and City Hall.  It will also relieve a lot of burden from the County Attorney. 

      Compliment by Attorney David Cooper:  City Attorney Smith informed Council that David Cooper had commented on how well our legal records are kept and maintained here as compared to many cities; and that Mr. Cooper told him, ‘My recommendation is zero and it will remain zero’; and that he feels he will get something resolved.

LEGAL DEPARTMENT:  South Haven Subdivision and Developer’s Agreement

      Mayor Merry, “I spent about the last year talking to each of you wondering why the project started six years ago, and it was thought two years ago the South Haven Addition may have new life, and there’s been story after story.  In the last couple of weeks, I asked the developer (Stephen Freeman) to put in writing what he plans to do, and then try to tie it into the Developer’s Agreement, which I’ve told you many times I would never sign as a developer.  I have changed – rejuvenated a lot of the Developer’s Agreement.”  He continued, “We have set precedence in the past on how we have done other developments.  The hospital development was one-third the County, one-third the City, and one-third the Developer.  We required the streets be installed in advance (Pioneer Meadows) before the sewerline settled.  Also, in Country Club Heights and the Freeman Subdivision I in the north part of the city and Freeman Subdivision II in the south part of the City, all the water valves/hydrants were installed and it was never an issue.  In this agreement the power is about the same, if you want underground electric service, you pay the difference.” 

      Mayor Merry said the original engineering firm for South Haven development has been replaced.  Bartlett & West will prepare the preliminary and final plat for South Haven.  The developer has asked the City of Burlington to install electrical along the south side of Eli Street, which is the main street through the development; and supply service to street lights and all electric services will be underground.  City of Burlington shall install water throughout the development to the east of the development back in the Industrial Park to keep that water fresh.  We’ve already come out that way, probably 2/3 of the way from the city; so it’s a short shot.  Primary electric exists on the west side – five or six poles and you’re in business there.  Mayor Merry, “The developer before would not agree to annexation, but now will.  The developer shall request and gain annexation, at which point the preliminary plat is approved; and the developer can begin selling lots.  Mayor Merry wanted a simple agreement that says just exactly what the Developer is going to do.  Because Council had passed a motion to not spend city time or money on the project, Mayor Merry looked at the Developer’s Agreement on his own and City Attorney Smith, at no charge, compared the current Developer’s Agreement with Mayor Merry’s proposed/revised Developer’s Agreement.  City Attorney Smith said his involvement was that he highlighted the differences between the two agreements. 

      Mayor Merry, “In your experience, typically the final plat dictates whatever happens in the development?”  City Attorney Smith, “Yes, and that’s part of it.  We had plats presented from his engineer that were defective and that created a lot of problems for Stephen Freeman.  The City couldn’t pass what he had because of the preliminary.  We gave the preliminary back, he said it was the final, but it was not because it didn’t have any sewerlines located or anything else; so we went around in circles. There had been problems on other projects that same engineer had been involved in – misidentified tracts, parcels, legal descriptions, and many other things.”  Mayor Merry, “In order for Stephen to go ahead with anything, he has to have an agreement for Bartlett & West of what we’re going to do.”  City Attorney Smith explained we have fifty houses outside the city that we provide water to – we’ve always done that, so they signed a waiver of annexation; we don’t want to provide sewer to them.  But there’s a lot of difference between a rural subdivision and it’s a lot different than a housing subdivision that is self-contained and has all of the utilities, wastewater, water included.  We’re talking about a lot of different scenarios.” 

      City Attorney Smith provided a background of the situation with South Haven from when it started in 2006.  There were discussions whether it was going to be a county rural subdivision and the County Engineer would work with Stephen, but their requirements for infrastructure are all different than the city’s requirements; whether it would be cheaper for him to do that than being annexed into the city.  Getting water there was never the problem.  Part of the property is in the Floodplain and questions were never quite answered.  It always came down to if he came (was annexed) into the city, the sewer was always going to be a big expense that he couldn’t afford, the County couldn’t address, and we did not want to swallow the pill on.  That’s the sum total why it has never gotten off the ground.  Stephen was looking for help on how to pay for it; and we had never provided the wastewater in previous years.  He couldn’t decide what to do – what would be best for him.  We even discussed bonds and went through years of this being on the table, trying to look at different ways; and it seems like he kept changing it and nothing got done.  Attorney Smith stated, “And that’s how we came up with the Developer’s Agreement that was passed (by Resolution) before you became Mayor.”

      Mayor Merry insisted, “I wouldn’t sign it, and no one else will.”  He explained why we can’t continue annexing west of the High School without it costing between fifteen to sixteen million dollars; and that it makes sense to stay with developing (bypass sewer) on the southwest side of the city.”  He had looked at a twenty to twenty-five year plan to develop the southwest corner of town.  With any of the projects out there, we would have to prioritize, in his mind, as basically three projects.  South Haven, which will have $250,000 to $350,000 homes; and if we don’t do it, we will lose it to Ottawa or somewhere else.  That would be about twenty-one lots of prime property opened up, in 2012.  That would open the tract south of it, say in 2013 develop Kelley Street; and in 2014 assuming we don’t have any money left over from the sewer project we’re doing right now, we pickup up the liftstation on north Highway 75 and the retail land to the west should we ever expand to that.  Mayor Merry stated, “I’m just trying to get a broad picture of where we really want to go developmentwise – I think that’s my job.”

      At the Mayor’s request, Council Member Hoyt provided the financial impact of developing a new housing section like South Haven could mean to the community.  Referring to a handout ‘Economic Impact of Adding 21 houses at average of $250,000.00 per home’, he provided estimates based on the development having twenty-one houses with an average of $250,000 value each.  Estimates included that the project would provide revenue in various ways to the community – work for contractors and equipment and supplies purchased from vendors/businesses.  After construction families would purchase furniture, appliances and accessories for their homes.  Revenue would come from taxes, utilities, and a variety of other means.  Purchases made in Burlington, both during construction and by homeowners and their families afterwards, would provide revenue to the city through our 2% sales tax.  Property taxes on a $250,000 house, with the current valuation process, each of the homes once built would net the City $1,032.76 per year.         Council Member Hoyt thought that over the next three to five years, a significant number of the homes would be built and we would get that revenue from the time the homes are built forward.

      Council Member Scott inquired about the cost to the City for putting in streets, sewer, etc. - $2,000 a home?  Council Member Hoyt explained that the way the Mayor has written it, the contractor will do the streets.  Mayor Merry said Superintendent Mast would prefer to have the original gravel road to the development be finished road – concrete or asphalt; which would be put back by petition of the landowners; and by his agreement  he has to start that process within three years.  Council Member Hoyt said, “In essence, the street would be no cost to the City.  Obviously, once it’s built, we will have maintaining expense.”  He continued, “He’s got to put the road in and once a certain percentage of lots are built, it’s hard surfaced by petition of landowners and will be assessed back to their property.  The same thing with utilities.”  Mayor Merry said the roads will originally be AB3 four-inch gravel.

      City Attorney Smith commented, “You passed all these Subdivision Regulations and they clearly state you need to have a hard surfaced road to bring it in.  Are you going to tear the whole code apart to allow this?  Running waterline and electric line to the development has never been a part of the problem.  The problem has always been the sewer and the roads.  The requirements for a county subdivision are different than for a city subdivision; but if you’re talking about bringing it as a city subdivision as a chunk, aren’t you going to have to…...”  Mayor Merry, said he’s looking at a common sense approach and explained that if an AB#3 is put in and then cut up for installing sewerlines, and then put a hard surface road on top of it.  He stated, “If you have to change some of the code, change the code.” 

      City Attorney Smith said, “It’s more than just the sewerline; it’s that all sorts of changes and modifications are going to need made.  In Country Club Heights, it was done in stages so when a certain number of houses were built on a street then it was hard surfaced; but that was before we adopted these Subdivision Regulations.  He explained that he foresees a lot more problems than just the sewer here (with South Haven) as far as the codes are concerned.  We have a lot of houses outside the city that we are supplying water to, but we don’t want to provide sewer because of the cost.  So even though they have agreed to annexation, we don’t want to annex them because of the cost of running the sewer outside of what we’ve primarily got to them.  He said, “And that’s the problem here, too.  You’re trying to address how to get a comprehensive sewer to take care of the whole thing.”

      Mayor Merry said, “We’re not Wichita.  We didn’t need all that comprehensive garbage that you put in the deal.  What’s wrong with Country Club Heights?”  City Attorney Smith, “I didn’t say there was. I’m not trying to pick a fight with you, Gene.  But there are other problems other than sewer here.  Stephen’s problem before was how to pay for the sewer.  My remembrance of it is that everything else was pretty much worked out with it.  I wasn’t at all the committee meetings; I didn’t take care of the Subdivision Regulations or anything else.  I’m trying to see what might need to be addressed.  If you’re going to stage redevelopment, we need to change the code to allow that in a subdivision, and change city code to allow that at the same time.” 

      Mayor Merry, “I don’t think there’s that much.  The street deal is minor in the big picture of things; but I don’t understand why in a rural deal you don’t follow FHA or some of the rural development rules – open ditches and an asphalt road.  Why do we have to have one kind – why do we staple this around our neck and say we need to have curb and gutter in every division?  I hated that, because I wanted to lay down curbs in Country Club Heights and I could never get that – you had to have a highbacked curb; so every time you put in a driveway you’d cut out the whole section of curb, and then put the laydown stuff in to match in to it.”

      Council Member Hoyt, “I have a question from the legal side of things.  Right now, there is a provision that it would go to hard streets.  Now obviously, nothing can be done until a final plat is approved.  Can any of this be worked to say in the final plat this is what we’re going to do; and if it’s specifically against Subdivision Regulations, you put a provision in that says this is against that?”  City Attorney, “Yes, the final plat that this Council has to approve has all that in the final plat, and it’s going to show where the streets are going to be, how wide they’re going to be, and all these things.”  Council Member Hoyt, “What I mean is, that if they don’t meet Subdivision Regulations as we have them written, they could be specifically said that this is non-standard but has been approved to be changed/allowed.  Can that be in there (the final plat) without changing our entire Subdivision situation – as part of the plat?  If we agree to everything, we’re basically exempting.”  City Attorney, “My remembrance is at the time we accepted the plat and the developer said ‘this is the way it’s going to be’; and he could put temporary roads in and he could put temporary lines in.  When it’s done, it has to conform to the plat the City accepts and says this is what it’s going to be and this is where everything is going to be located – that’s what’s important.”  Council Member Hoyt, “We accept the plat with their answers to the existing code by development, right?”  City Attorney Smith, “That’s what I’m pointing out – I don’t know that you can.  I think we need to check that out to see if it’s going to be a problem.”  Council Member Hoyt, “We’ve set aside code before for different things we’ve done.” 

      Council Member Curtiss asked when the codes were adopted.  City Codes were adopted by Ordinance 621 in 1997.  The most recent edition of the Subdivision Regulations with Extraterritorial Jurisdiction were adopted by Ordinance 797 on February 17, 2011, and became effective March 4, 2011.  The Developers Agreement was adopted on March 2, 2011 by Resolution 2011-01.  City Attorney Smith mentioned that when the subdivision on the north part of town (Pioneer Meadows) was done we thought we had a good agreement; but the developer built substandard roads.

      Council Member Hoyt was concerned, “To me, we’re not being proactive.  We need to do something with development.  We’re losing houses, tax revenue, and people.  I understand we have a code in place; but we’re not talking about a developer that’s coming in fly-by-night and will be out the door – this guy’s lived in Burlington all his life, he’s made a lot of money and he’s spent a lot of money in town.  I’m not saying this specifically about him; it could be anybody.  We’re losing people in town.  I see a lot of people/clients – there are a lot of high-dollar jobs and the people want nice houses.  The houses are not in the city of Burlington, and we’re not getting tax dollars.”  Council Member Scott, “Correct me if I’m wrong, but it seems to me that we have a committee that set down with Stephen Freeman in several meetings (8 or 10) specifically to work out just exactly what we’re talking about.  You say we’re not proactive – we try.  I’m frustrated too, but it seems to me the last heard Stephen said he was going to the County and walked out.  Am I wrong?”  He formally withdrew his application.

      Council Member Rhodes, “It seems to me this cost to the city needs to be balanced against the costs of the other needs for the city.  It may hurt one portion, maybe development, but we need to put money into the city in areas we don’t have a lot of money to do it with right now.  That means we’re going to schedule it out; and I don’t know that we can schedule out the kind of expenditures that are being talked about here.  The cost of sewer out there is tremendous; and that’d be a bog in its own right.  I don’t have any idea whether we could get that kind of money or not; and whether that puts it in a condition where it’s appropriate to go out for another bond.” 

      City Attorney, “I think we’ll get a better feel about the  money with the new engineer.  I think that’s one of the better things, that Stephen Freeman has hired Bartlett & West.  The deficiencies with the plat will kind of (be taken care of); and the ball park figures on the cost will give us a better handle on what is talked about.  I think that’s a step in a positive direction that you can have an engineer you trust and can give you concrete estimates as opposed to ballpark estimates as to what your costs are doing to be as far as development.  I think there is so much frustration here because I think everybody wants it.  I’m not talking as advocate for or against.  Everybody would like to see a housing development out there; but it’s a question of how to get it there, and if you have to take in what you spend to accommodate that, that’s what you ought to do.  If you say it’s not worth that cost; or it’s that you have these things in place and it’s either comply or that, then that’s what you have to do.  But if you really want to have it there, you’re probably going to have to change your code.  That’s what I was trying to point out – not that I’m not for or against – it’s going to be more than just having to pay for the sewer, there’s going to be other combinations that are going to have to be made.”

      Council Member Curtiss clarified, “So, Stephen Freeman had an engineer that did not do it (the plat) correctly, so he has now gone to Bartlett & West – and that’s a plus, right?”  City Attorney, “That’s a plus.  We did not have a workable plat – ever - back to 2006.  That was part of the City’s frustration – he had something that was not workable and could not be filed with the County.  It just wasn’t done right.  I know Stephen paid a lot of money for this other engineer (Mayor Merry interjected, $23,000) and he didn’t get anything.  The same problem has cropped up in other places with the same engineer, so don’t blame Stephen for that.”  Council Member Curtiss, “You’re saying we’d all like to see this come about, but we have this code problem and we have costwise?”  City Attorney agreed, saying the big ticket items are the roads and the sewer.  He said, “If we decide it is in the best interest of the city to be proactive, then we will have to sit down and say, ‘Okay, this is what we’re going to have to modify to get there.’  It’s just that simple.  Those codes were put in effect.”  Council Member Curtiss, “So, what we have to do is look at the code thing first if we want to go ahead with this?”  City Attorney, “I’m just pointing out to bear these things in mind because it’s not going to be just how do we pay for the sewer - there will be other things the City has a code on.  Streets are a big thing, too, because concrete is expensive compared to asphalt and asphalt as compared to rock; even though sewer seems to be the focal point because you need sewer before streets.” 

      Council Member Rhodes, “Keep in mind State laws have changed significantly in the area of sewer; and getting any new design through them is not easy.  Bartlett & West are probably the best people in the state to figure that out, but I should be concerned until I see the results.”  Mayor Merry, “All it takes is money, and we pay them a ton to get every dime that they’ve got.  This isn’t rocket science.  I agree with you Steve.  I mean, that particular piece has probably stopped all development – just put a hood over all development, with all those kind of regulations.  It’s so much simpler to just work out a Developer’s Agreement - have them say what they’re going to do, what we’re going to do, and do the deal.  We get in so much complication because we have a consultant in Wichita who tells us this is how it ought to be.  We’re not Wichita.  We’re not Kansas City.  We’re Burlington, and if we want to make it work, we can make it work right here.  I don’t need somebody from Wichita telling me how to develop it.  Go out and look at the junk around Wichita and tell me that was great planning – they don’t follow the code there, they don’t stay up with it.  We don’t either – we’ve got more code violation than you could shake a stick at.  When I was doing Country Club Heights, I did everything to the enth degree; I had no written agreement – it was a handshake.  We bring in $135,000 a year from Country Club Heights to the City – 1.35 million every ten years, cha-ching. That’s the impact.”

      Council Member Hoyt, “I’m looking at it this way.  Without an agreement, obviously, Bartlett & West is not going to do anything.  Stephen Freeman is not going to do anything until we at least have some type of proposal in place.  Part of that proposal is to have Bartlett & West develop the sewer – something so that we could know what our cost is going to be.  Stephen would then know what his costs are going to be.  We can’t do anything unless we get a proposal.  No one is going to do anything and we’re never going to know a thing.  If we don’t approve a proposal – to me, a proposal is cut and dry, Stephen won’t get a preliminary in place, so he knows what’ we’re doing and what he is responsible for.  I understand that is a part of the Development Agreement we have – I mean the proposal thing we put in place.  If we put this proposal in place, at any point either one of us could back out of it because we don’t have a preliminary plat, we don’t have a final plat, and we haven’t really spent any money.  We do have some money (involved) as part of having Bartlett & West doing that development (Southwest Sewer Improvement Study); and they can tell us how much from point A to point B – not the whole three-quarters of a million dollars or whatever that number is - we’re talking about to get it to this one section.  My personal opinion is that we could enter into the proposal; if we don’t like what we have, we can change the code.  I understand we still have to get a preliminary plat and we still have to get a final plat; and as part of the final plat, we need to have our codes in place to make sure that they marry each other at some point.” 

      Council Member Scott inquired, “What proposal are you talking about?”  Council Member Hoyt, “The Developer’s Agreement proposal.”  Mayor Merry, “Well, that’s basically what you’ve got.  The only thing he (Stephen) added with his was this is what he agreed to do.  I would just make this an addendum to the Developer’s Agreement.”  City Attorney Smith stated, “Once again, I think to clarify, if you’re saying okay the first step you need to do is look at these changes in your code – because Bartlett & West will make their bid or proposal or what they present to us and to Stephen, and they will build his preliminary plat based on what the current city code is (subdivision).”  Mayor Merry, “They’re not going to do a thing until they know what we’re going to do.”  City Attorney, “They’ll do it in accordance with what we have in place right now.  They will tailor make their thing (plat) based upon what we have right now in place, whether it’s right or wrong.  That’s what I’m saying.  If you’re going to do this, talk to them – say ‘okay’ and make your changes in your city (subdivision) code to allow them to modify their plat proposal based on the promise ‘the City is not going to make you have concrete streets, curb and gutter, or whatever.’  That’s what I’m saying.  That helps them because what they are going to present to you is going to be based upon what you currently have in place, assuming this is what they have to work with.”

      Mayor Merry, “I’m not talking about Donald Trump; I’m talking about something small.”  City Attorney Smith, “You’re arguing about nothing.  I’m not trying to argue with you, Gene, I’m trying to tell you this is what you’ve got to do to help Bartlett & West get you there.”  Mayor Merry, “To get Bartlett & West to put out that preliminary plan, you’ve got to have more cash:  $22,000 for land cost and six years and nothing out of it.”  He added, “That’s what happened, we spent the money and it didn’t work; it set for four or five years – you know what those holding costs are.  We’ve got to make an agreement that says we’re going to do thus and so – and stay with it.  And he (Stephen) has to do the same thing.  It has to be both sides of the fence.  Once we get that agreement, then he can go ahead and get a preliminary plat.  We can make whatever changes we need to make to subdivision requirements, or they can point out what’s going to have to be changed.  You could change it, wrap it up in one fell swoop, clean it up, and go.  There’s not that many things in there that are that stringent.  The paving deal is very – even for the landowners, get ready to sell land on the specials and so forth.”  City Attorney, “Like I said, they (Bartlett & West) need to know ahead of time that you’re not going to make them have concrete streets with curb and gutter, before they come to you or draw up the plat.  That’s what I’m saying.”  Mayor Merry, “Yeah, but we can’t do that the way you’re saying with the subdivision requirements we’ve got right now.  Just throw it out the window, promote our sales tax, and hope New Strawn grows.”  City Attorney Smith, “That’s not what I’m saying.  You’re not listening.”

      Council Member Lenard, “I think this is a strategic move to get the development going again; but the first thing we’re going to have to do is untie our hands as a City to allow employees, superintendents, legal counsel, and whoever to gather information that we need to get for this.”  Attorney Smith, “I agree with Gene.  There’s no reason to have Wichita’s subdivision regulations or anything else; but if we’re going to work for this development, we’re going to have to modify what we have in place - that’s what I was saying, and Bartlett & West needs to know that we’re willing to modify.”  Mayor Merry, “Exactly.”  Council Member Curtiss, “So is what we need to do is look at this code and the modifications that would need to be made in this code, before we could move forward with this?”  Attorney Smith, “I think you need to sit there and make a decision as a governing body that you want to go forward with this, and at that time that’s your decision, then start looking at this and say ‘what are we going to have to do as far as how does this impact all of our utilities that are going into this subdivision and if you are going to need to make any changes.  Then you will have to look at your Subdivision Regulations and say if you can’t afford to put in concrete streets, are we going to accept just hard-surface street or asphalt.  We can tell Bartlett & West if we are ready to do that and amend our codes to get it in compliance.”  Mayor Merry, “Just don’t be tying their hands; make it so they can petition to put in the minimum.”  Attorney Smith, “On a statute, they can always come back after they get that development up and say they now want hard surface streets - like in Country Club Heights when residents petitioned for the streets.  That’s what I’m saying.  But, you need to have everybody on the same page as far as this is the commitment we’re making; we are going to have to make some changes to accommodate that – and make those changes; and it’s not going to be just sewer.  That’s what I’m trying to point out because if Stephen tells them ‘That’s what I want;’ they’ll say ‘Okay, we have to comply with what the city code (subdivision regulations) is.’  I’m saying that’s not going to get it done.”

      Council Member Rhodes, “I don’t think the answer to that is to say ‘There are no codes now; go ahead and build it the way you want; we’ll approve whatever you do.’  That’s not going to fly.”  Council Member Lenard, “Bartlett & West is employed by the developer (Stephen Freeman), not us; so separate the issues.  They will develop that for him based upon our existing codes or whatever we have current.”  Superintendent Mast, “That’s on the preliminary plat, though.  Who makes the plans?  That’s all based on the preliminary plat, because if they ask the City to do it, then we hire it done and we place all the money against every lot – for the engineering, for the roads, for all that stuff.  That’s in your preliminary plat – that’s where we had a breakdown – the preliminary plat never stated who was doing what.  A developer can develop it himself with his own dollars.” 

      City Attorney, “That’s what I was saying.  Stephen hired Bartlett & West.  They will come back with a preliminary plat, but the need to build one that we’re willing to make these modifications to allow them to come in and make a presentation.  They can come in and say ‘Here’s a preliminary plat and we’re probably going to have a combination and modify the streets like this, etc.’  They can come in later and petition.  You’re going to have to say ‘okay – here’s what’s going to have to be done on sewer and on water.’  They’re going to need to address the Floodplain issue on the corner of the property.  They will do that based upon what you tell them you are willing to do.  If you just tell them to come in with a preliminary plat, they are going to make it conform to our current codes.  And you have to say ‘Okay, we are willing to make the modifications necessary, if you give us reasonable alternative.’”

      Mayor Merry, “You know, it sounds like you’re trying to make an exception for one contractor.  You still have to meet all the KDHE requirements on sewer or water, all the way through.  There is not going to be anything changed on that.  The only thing is going to be the cost of that street; and that investment is going to be made by the landowners basically.  But you’ve got to get it opened up and start the building process; and you can’t tie their hands behind their backs with something that’s a Cadillac in a Ford market.”  Council Member Hoyt, “Would you say then, basically if the Governing Body at this point was willing to say to allow – what would we need to do?  Make a motion to let Bartlett & West know that we would be willing to accept an alternative based on preliminary plat?”  City Attorney, “I think based on the meeting I attended (March 7, 2012), and I heard Stan make a motion, you need to unlock and address that issue and say okay, we are going to have an exploratory committee or something to discuss this, then come back and have Council take formal action that you’re going to go forward with development of the southwest part of town on subdivisions, and make a decision to….”  Council Member Hoyt, “But we don’t know what decision we’re going to make until we see a preliminary plat.  That’s my issue.”

      Council Member Luke, “Bartlett & West will not do a preliminary plat until they have some form of an agreement from the developer.  They will do nothing.”  Mayor Merry, “It’s not so much from the developer; it’s from the City is what they told me.”  Council Member Luke, “They need it from whoever is going to be responsible for doing whatever needs to be done.”  Mayor Merry, “And they want seven grand.”  Council Member Luke, “Right now there’s nothing that can be given to Bartlett & West to do anything.”  He added, “I have no problem with putting together a group to look at, review, determine.  I have a major problem with the fact that we have a Zoning Board (Planning Commission) that just went through all the Subdivision Regulations in the last two and a half years, through all their manuals and information, and they chose not to make major changes.  Anything that happens has to go through the Board before it comes to Council, the way our city is organized.  If the Board brings the recommendation to the Council, then the Council can evaluate it; but the Board has to do the initial work on determining – and they receive the initial plat, we don’t.”  Council Member Hoyt, “I understand that.  What do we need to do to untie our hands so this can be looked at, so Bartlett & West can do the preliminary plat?”  Council Member Luke, “There has to be a mutually agreed upon Developer’s Agreement – whatever that form is going to be.  It has to be done before Bartlett & West will do anything because they have no means of getting paid; and they will not sign a contract.”  Council Member Curtiss, “What’s that $7,000?”  Mayor Merry, “They (Bartlett & West) need that to start the process; $9,000 to do through the final plat.”  Council Member Luke, “That’s a quote.  It’s Stephen’s payment to Bartlett & West, once they have something to work with.  That’s not a City cost; that’s a developer’s cost.  But they won’t look at anything until they have direction to go.” 

      Council Member Curtiss, “And Stephen has agreed to hire Bartlett & West to do this, and pay the $7,000?”  City Attorney, “But Stephen probably does not want to spend that money unless he knows that he’s got a different Developer’s Agreement.  Council Member Curtiss, “That the City’s going to go ahead and okay it.”  City Attorney, “Right.  If Stephen is given assurance that the City is willing to modify or redirect the Developer’s Agreement, he can then go ahead and make th financial commitment to Bartlett & West to come back and give the City more concrete figures as far as what it is going to cost, what it’s going to require, what needs to be changed.”  Council Member Curtiss, “So in the initial, do we have a Developer’s Agreement?”  The answer was, “Yes.”  Council Member Curtiss, “And that states ‘x’ amount of dollars has to be paid?”  Mayor Merry, “Yes.”  Council Member Curtiss, “By Stephen?”  City Clerk Kewley, “It’s a guarantee by him.”  Mayor Merry, “Well, it’s got all kinds of things – bond quarantines or letter of credit, which is based on who knows what number, but it’s a million dollars, 15% of that.”  Council Member Curtiss, “And he would have to come up with that money?”  She continued, “This is our problem, so, we would need to look at that to….”  Mayor Merry explained some changes he made to his revision of the Developer’s Agreement, including taking out some of the verbiage.  There was discussion about keeping verbiage concerning financial commitment in the Agreement. 

      Council Member Scott commented that right now we have two Developer’s Agreements – the one adopted by resolution and the proposed revision by the Mayor.  He asked if either of those have to go through the Zoning Board.  The current Developer’s Agreement went through the Zoning Board and then Council approved by Resolution.  City Attorney advised, “You need to formally revoke the current one in order to get the other one in place.”  Council Member Scott said he would like to see both of them.  Council Member Luke suggested everybody be given a copy of both the agreements to review and compare them and the information on the revenue, etc.  He also suggested putting a committee together to work with the Zoning Board – whatever it takes to come up with a solution.   He stated, “I have a real problem with placing all the risk on the City and not the Developer.”  Mayor Merry stated, “You’re not.  You’re not.” 

      Mayor Merry asked, “Who gets the benefit for the next 100 years?  From electricity?  Water?”  Council Member Luke, “We can argue all day long on the benefit of electricity; but 80% of what we bring in on electricity goes right out the door – we don’t keep it.  So, if they pay $100,000 dollars for electricity, $80,000 goes out of the City; we don’t benefit.”  Mayor Merry, “So, why did we get into a power plant in Missouri (Dogwood Energy Plant), if we didn’t want to pick up any more customers?”  Council Member Luke, “That’s not what I said.  I said you can’t take all the revenue and say that’s a gain.  You can take a piece of it, yes; you can’t take all. ”

      Council Member Curtiss, “I’m new to this, but I think we really need to seriously look at doing something so that we can get that going; so, whatever it takes.  I understand what you’re saying.”  Mayor Merry, “Rather than doing it in a Council meeting, I think we should have a work session and lay it on the line.  Bring the developer in, bring in Bartlett & West, and the Chariman or whatever of the Planning Commission - just so they’re in on what’s going on. Is that unreasonable?”  Council Member Luke did not think it unreasonable and thought everybody needs to have the agreements and other information to look at ahead of time and have time to think about it.  City Attorney advised that the best thing to do in a workshop type session is that the Mayor can explain why he is modifying the Agreement, and somebody else who was involved in the original Agreement can explain why it was put in.  City Attorney, “It was modified from Wichita, but it wasn’t from Wichita.”  Council Member Luke, “Wichita was involved.”

      Council Member Hoyt stated, “I just want to get this studied and let’s go.  Basically maybe next meeting we could make motion to revoke the existing Developer’s Agreement, in which case we would enter a Developer’s Agreement on a case-by-case basis- or something like that.  Then we could present a particular Developer’s Agreement on whoever – it doesn’t matter – and then Bartlett & West and everybody could start procedures.”  City Attorney, “There’s a lot to be said for that because there is a difference between a local developer who lives in your community and has banking ties with the community as opposed to somebody who’s coming in from out of town that you have no past experience with.  There’s something to be said for uniform and there’s something to be said for case-by-case basis because the next development might be a lot different than what Stephen’s is going to be.”  Council Member Hoyt, “If we have a Developer’s Agreement for the committee to work with, and then they come to an agreement, and we bring it to Council to say whether we like it or don’t like it – or to the Zoning Board and they think it will work, adjust regulations, and bring it to the Council.  I like the case-by-case basis personally.” 

      Mayor Merry, “You know, every one (development) in town has been different; every one I’ve been involved in is totally different.  Up at Pioneer Meadows, had three players – two were city and county, and bringing in a private investor.  Steve’s right – They couldn’t get along in Country Club Heights and we just basically said ‘We’re going to develop it.  If I would’ve had requirements of the Developer’s Agreement, Country Club Heights wouldn’t be here, I would never have gone through with that.  I’m not going to put up $150,000 cash for you to sit on.”  Council Member Hoyt, “I can understand both sides of it. I sure from the County standpoint they’d like to see development because it’s tax revenue for them, plus people coming in as well.  It’s a good win/win situation.” 

      Mayor Merry suggested holding a Council Work Session next Wednesday evening, April 11 at 6 o’clock at 301 Neosho.  He said, “I would like the committee as a whole.  I thing we all should be involved.  I think it should be a work session – not a regular meeting.”  City Attorney Smith recommended inviting some of the Planning Commission to avoid bruising feelings and to get them involved.  Council Member Luke, “There’s going to be some resistance if they’re not part of the process.  I’ve got no qualms with keeping them in the process.”  City Clerk Kewley, “I think the Superintendents, because they will be dealing with their parts of it, need to be informed on what is going on.  They need to be involved.”  Mayor Merry, “I don’t think they should be in on the front end of this until we get worked out on semantics of the agreements.  They’re welcome to sit in on it, but I,,,.”  City Clerk Kewley, “It will be a public meeting anyway.”  Council Member Scott, “But the semantics also include I want Doug’s expertise on what it takes for a good road; and I want Alan’s expertise on what they’re talking about in getting electricity down there; and I want to know about the sewer.  So, yes, I think the Superintendent’s need to be there.”

      Council Member Lenard, “Do we need to repeal the motion we made last time (March 7) that we weren’t going to expend any labor or resources?”  It was mentioned that no expense would be involved - that Superintendents are not getting paid for showing up at the work session.  Council Member Lenard clarified that if someone needs information from city staff regarding this – copies, etc. – their time will be expended.  He said, “We kind of tied our own hands - to find a solution here that needs to change.”  Council Member Hoyt said he would like numbers from Bartlett & West of what it’s going to cost from where we’re at now to put it from point A to B.  Mayor Merry, “These are just estimates.  The last job I saw bid, there were 27 contractors there and they were bidding at cost because they were looking for a job.”  Council Member Hoyt said he’s heard different amounts and he would like to know what our costs would be from Point A to Point B for this development.  He asked for clarification that the city will have some costs to get the sewer from Point A to Point B, and it will be the developer’s cost to hook into that.  Mayor Merry said in most developments we’ve taken it to the developer’s property line. 

      The Work Session on Wednesday, April 11 at 6 o’clock should be attended by all of the Council/Governing Body, the Superintendents if they desire, and the Planning Commission (particularly the Chairman and Vice Chair) will be invited, and that it will be an open meeting and anyone can attend.  Council Member Hoyt stated, “Keep in mind it is an open meeting, but we need to keep some decorum.  Opinions count, but it is not really an open meeting for public comments, it’s open to the public, but it’s a work session for us to work something out; so we need to have our people involved in the work session talking, but not have an open discussion.”  City Attorney, “They need to respond to your questions, but not have an open discussion.”  Council Member Hoyt, “It needs to be chaired and conducted like we are here now – be asked and answer questions as opposed to open discussion.”  Council Member Curtiss clarified that they would be provided with copies of the old and the proposed Developer’s Agreement and the handouts from tonight to look at.  Administrative Assistant Stroh will prepare copies in color to show highlighting for distribution as early as possible tomorrow.  They will probably need to bring their Subdivision Regulations manuals to the work session for reference.

      Council proceeded to rescind the motion made at the last meeting.      At the March 7 meeting, the following motion which was approved by a 5:1 vote:             Council Member Luke stated, “I’d like to make a motion that no additional City funds or labor hours be allocated towards the Southwest Development Project until a signed/approved Governing Body Developer’s Agreement has been received at City Hall.”

      Council Member Hoyt, “I make a motion to rescind the approved motion from the March 7, 2012 Council meeting regarding the allocation of funds not being extended until a signed Developer’s Agreement has been approved, in an effort to possibly get a different proposal in place.”  He said this motion would cover funds and/or labor hours.  Council Member Lenard, “Second.”  Mayor Merry called for discussion.  Council Member Scott said he was in favor of it so we can move on.  He said, that this makes it sound like this just sprung up, but it’s just not true and that since he’s been on this Council, we’ve tried to make this work.  He thought the Mayor and Stephen Freeman need to talk and decide what we need to do and bring it back to Council because he doesn’t see anything else happening.  Mayor Merry said he would prefer to have all of them involved in the deal.  Council Member Scott, reflecting on when Gene Merry was a County Commissioner, “ I came to you when this all started, prior to when the first committee got together, and suggested that you, Stephen Freeman, and a couple people from the Council sit down and see if we could get this worked out – and that was about four years ago.  You turned me down.”  Mayor Merry, “I was never invited – not by the Mayor.”  Council Member Scott, “No, you were invited by me.”  Mayor Merry incredulously, “A councilman?  My Gosh, I wanted the Mayor.”  Council Member Scott, “Sorry, I was just a lowly councilman then, still am.”  He added, “My point is, it’s not like we haven’t tried.  We have tried and I don’t know what the solution is.”  Mayor Merry, “Money.” 

      Council Member Hoyt, “I think it’s just a matter of getting through the hoops.  If we have the right development in place, if everyone is agreed on it, we can make sure our codes allow what we need to get done.  I agree with Bill, I’ve been on Council five years that we’ve been involved in this development.  We’re at fault, the developer is at fault, the Zoning Board is at fault – it doesn’t matter who is at fault.  Stop here, look forward, and get it done if we can, if we can’t we can’t, but let’s go forward.”  Council Member Rhodes, “But if we put this out and go forward and use city money and nothing happens, then it’s our fault.”  Council Member Hoyt, “That’s true.  That’s why we need to have a Developer’s Agreement in place to do this.”  Mayor Merry, “That happened with the Water Plant and with the Sewer Plant in the past.  If you don’t think you’re going to make a mistake in this business…” 

      Council Member Rhodes, “But this job (development) seems to really put a dependency on your ability to bring in those 250 people, all who are going to have $250,000 homes.  I’d say maybe we have room for five in the community – not over 200.  So, what happens to your analysis if you only get five houses.”  Mayor Merry said seven are sold.  Council Member Lenard commented that it’s no different than the studies we’re asking for on the lagoon system, and we don’t know what direction we are going to go there; so we’ll get to that fork in the road where we decide whether to continue or not.  He said, “There’s been a lot of time invested by a lot of people, so there are some personal attachments to this and sometimes that becomes very difficult to overcome.  It sound like there’s a decision here that we’re going to find a way to make it work; and in the end we have to do what’s best for the community.” 

      There being no further discussion, Mayor Merry called for a vote on the motion which was:  Council Member Hoyt, “I make a motion to rescind the approved motion from the March 7, 2012 Council meeting regarding the allocation of funds not being extended until a signed Developer’s Agreement has been approved, in an effort to possibly get a different proposal in place.”  Council Member Lenard, “Second.”   Motion unanimously carried.

CITY CLERK:  Update

      General:  City Hall Staff has been busy with customers paying utility bills, preparing work orders, preparing vouchers for bill paying, doing payroll, preparing minutes and other documents for Council meetings, and handling calls and inquiries.

      Sewer Improvement Project:  The new sewer charges, which were calculated off the average water usage for December, January, and February, are on this month’s bills.

      Personnel – Evaluations:  Annual employee evaluations were completed. 

      Refinancing City’s Current Debt:  City Clerk Kewley has been working with our Financial Advisor, David Arteberry, on the timeline for refinancing our current debt.  The Finance Committee has scheduled a meeting with Mr. Arteberry for Thursday, April 24^th at 9:00 a.m. to discuss structuring options.  Mr. Arteberry will also be present at the April 18^th meeting of City Council to discuss the resolution that is scheduled to be passed in order to proceed forward on notice of sale of the bonds.  The closing is scheduled for the 8^th of June.

      Audit 2011:  Auditors are scheduled to be here on May 7^th and 8^th to perform our audit for 2011.

      KMU Training:  On March 28^th, City Clerk Kewley attended KMU Safety Training and Manager’s Training.

      Personnel –Interviews:  City Clerk Kewley participated in the interviews for the Water Operator Trainee.

      Sewer Construction Meeting:  Tomorrow, City Clerk Kewley will be attending the Sewer Construction Project Meeting at 10 a.m. at the Water Treatment Plant.

      303 Neosho – Meeting Room:  City Clerk Kewley thanked Electric personnel for finishing installation of ceiling fans in the meeting room at 303 Neosho.  They did such a good job on repairing/patching the ceilings, that the ceilings will not need to be painted, which will save the City some money.

CITY CLERK:  Vehicle for City Hall – Go out for Bids

      City Clerk Kewley explained the city’s ten-year old van has 107,000 miles on it, and it has some transmission issues.  She requested permission to go out for bids to purchase a new vehicle for City Hall, which will be used by all the departments - as the van has been.  City Clerk Kewley will have Zoning Clerk Hugunin prepare a bid package on an eight passenger vehicle, and get it to local vendors.

      Council Member Hoyt stated, “I make a motion to allow the City Clerk to go out for bids for a new city vehicle, with the bid specifications to be drawn up by the Zoning Clerk and City Clerk, and submitted to local vendors.”  Council Member Scott, “Second.”  Council Member Hoyt said the vehicle should be comparable to a van; but it doesn’t necessarily have to be a van – maybe a Chevy Traverse or a Ford Explorer.  City Clerk Kewley pointed out that the current van is an eight-passenger van.  They are not making vans any longer; however the Chevy Traverse is a nice cross-over vehicle.  There being no further discussion, Mayor Merry called for a vote.  Motion unanimously carried.

CITY CLERK:  Personnel Evaluations – Executive Session for Personnel Matters

      Council Member Hoyt stated, “I move to enter into an Executive Session to review employee evaluations, not to exceed twenty minutes and with Personnel Officer Kewley present.”  Council Member Scott, “Second.”  There being no discussion on the motion, Mayor Merry declared the motion carried.  Department Superintendents and Administrative Assistant Stroh were released from the remainder of the meeting, if they chose to leave.  Council took a brief break.  Council entered into the Executive Session at 8:35 p.m. and exited at 8:55 p.m.

      Evaluations:  Council Member Hoyt stated, “I move to moved to accept the Personnel Evaluations and pay increases as presented.”  Council Member Scott, “I second the motion.”  Motion unanimously carried.

      Dee Francis:  Council Member Luke stated, “I recommend to move Dee Francis to full-time Senior Plant Maintenance/Operator at $23.84 per hour.”  Motion unanimously carried.

      Denny Noonan:  Council Member Luke stated, “I recommend to move Denny Noonan from First Year Apprentice in the Electric Department to Plant Maintenance/Operator at $19.28 per hour.”  Council Member Scott, “I second the motion.”  Motion unanimously carried.

REPORT BY CITY OFFICERS:  None

Mayor Merry declared the meeting adjourned.                                    Approved by Council on April 18, 2012

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BURLINGTON CITY COUNCIL REGULAR SESSION     MARCH 21, 2012

City of Burlington Governing Body tried to meet in Regular Session at City Hall, 301 Neosho Street, Burlington, Kansas at 6:00 p.m. Wednesday, March 21, 2012.  Due to a lack of quorum, Mayor Gene L. Merry declared the Regular Session of, March 21, 2012 recessed to the April 4, 2012 Regular Session.

ROLL CALL:   Mayor Gene L. Merry - yes

  Council Members present:

      Yes-William C. Scott (President of Council)                 No-Roger Kent Hoyt               No-Lewis Lenard
      Yes-R. Standley Luke (Stan)                                       No-Forrest T. Rhodes              Yes-Jerilyn Curtiss

  Superintendents Present:   No-Kevin Boyce (Parks)   No Alan Schneider (Electric)  No-Doug Jones (Chief of Police)                                                                                            No-Doug Mast (Street)     No Danny Hawkins (Water/Wastewater)        

  Also Present:   Yes-Regina Kewley (City Clerk)           No-Susan Stroh (Administrative Assistant)
                            No-Stephen Smith (City Attorney)        No-Jimmy Hugunin (Zoning & Grants Clerk)

  Media Present:  None

VISITORS:  None 

Approved by City Council and signed by  Regina R. Kewley, City Clerk

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BURLINGTON CITY COUNCIL REGULAR SESSION     MARCH 7, 2012

BU

City of Burlington Governing Body met in Regular Session at City Hall, 301 Neosho Street, Burlington, Kansas at 6:00 p.m. Wednesday, March 7, 2012.  President of Council William C. Scott called the meeting to order.

ROLL CALL:   Mayor Gene L. Merry -Absent

  Council Members present:

      Yes-William C. Scott (President of Council)              Yes-Roger Kent Hoyt               Yes-Lewis Lenard
      Yes-R. Standley Luke (Stan)                                    Yes-Forrest T. Rhodes              Yes-Jerilyn Curtiss

  Superintendents Present:   Yes-Kevin Boyce (Parks)   Yes-Alan Schneider (Electric)  No-Doug Jones (Chief of Police)                                                                                            Yes-Doug Mast (Street)      Yes-Danny Hawkins (Water/Wastewater)        

  Also Present:   Yes-Regina Kewley (City Clerk)          Yes-Susan Stroh (Administrative Assistant)
                            No-Stephen Smith (City Attorney)       Yes-Jimmy Hugunin (Zoning & Grants Clerk)

  Media Present:  Mark Petterson, Coffey County Republican

VISITORS:  Jay Hale (Pastor, First Baptist Church)

AGENDA:  Council Member Luke, “I move to approve the agenda as amended.”  Council Member Rhodes, “I second the motion.”  Motion unanimously carried.

MINUTES:  Council Member Curtiss, “I move to approve the Draft Minutes for the regular session of February 15, 2012 as corrected.” Council Member Hoyt, “I second the motion.”  Motion unanimously carried.

PUBLIC COMMENT:  None

ELECTRIC DEPARTMENT:  Distribution (Line Department)

      General:  Electric Department personnel have been trimming quite a few trees and clearing right-of-ways, changing power poles, putting ceiling fans and doing some finish work in the City’s meeting room of 303 Neosho, doing normal work, and staying busy.

ELECTRIC DEPARTMENT:  (Production)

      General:   Electric Plant personnel have been cleaning generators and doing normal daily duties.

      Generator #6:  Superintendent Schneider reminded Council that Generator #6 will be down from the 19^th of March for about three weeks for some long overdue maintenance.  Some head gaskets are leaking.  The intercoolers that run that motor have not been off since it was installed in the early 1980s; and those will be sent off to be professionally cleaned and acid dipped.  The water storage tank that circulates the whole cooling system is just as old and is rusty and in bad shape; so it will be replaced with a stainless steel tank.  He assured Council we will be okay with the original plant carrying the load during that three weeks downtime.  Notification will be made to KPP and OMPA so they will be aware of the situation in case anything should arise that they would need Burlington for extra power capacity.

      Powerlines near Landfill:  Superintendent Schneider informed Council that when coming in from the Landfill today, personnel noticed that the 69kv feed that comes in from Westar, the top phase has fallen out of its crossarm and is laying on the bottom 69kv phase crossarm.  Currently, it’s working fine; should it start raining it may be an issue.  Out of courtesy, he called Lyon-Coffey Electric Coop as well because they have a substation here in town.  Westar has a crew coming down from Shawnee to work on it tonight.  The plan is to work it energized; however, should they need to de-energize we will bring the power plant online and carry customer load until work is complete.

WATER/WASTEWATER DEPARTMENT:  Distribution

      General:  Personnel have been installing water services, reading water meters, and doing rereads and line locates, and installing sewer services.  They also have been hauling top soil to the south end of the Water Plant, along the south edge of the river. 

      Sludge Piles at old Sewer Lagoon:  Superintendent Hawkins thanked the Street Department for the use of their loader. Sludge taken from the Water Plant is piled at the old sewer lagoon, and the loader was used to heap it up into larger piles. 

      Sewer Improvement Project Phase II:  Superintendent Hawkins reported the sewer work for Phase II is still moving along quite well. 

      Grease Trap Inspections:  Superintendent Hawkins should finish initial Grease Trap Inspections this week.  He will follow-up with any discrepancies he found.  He thanked the businesses for their cooperation.

      Waterline Replacement Project:  Superintendent Hawkins talked with Randy Kahle (Kahle Inc.) and the Water Committee about the Waterline Replacement Projected budgeted this year for $60,000.  We had invitations for quotes go out; and after looking at the quotes, we are going to move forward with Kahle Inc., which is the company that did the waterline service on the Highway 75 project some time back. 

WATER/WASTEWATER DEPARTMENT:  Production – Water Treatment Plant

      Sludge Press:  Water Plant personnel have been changing out the screen in the sludge press.  There are 72 sheets in them, and they had to cut each one of them out and put the screens in to get the sludge press running right. 

      Water Taste & Odor Control:  Superintendent Hawkins reported the Water Plant has been running well.  Potassium Permanganate is still being run for taste and odor control; and with spring coming and the temperature getting warmer, the river will be turning over, and so we will continue to feed that. 

      Baffles:  Superintendent Hawkins is still working with Jeff Shamburg, Bartlett &West, on CO₂ baffles for inside the Water Plant. 

WATER/WASTEWATER DEPARTMENT:  Emergency/Standby Power System - Bids (Generator)

      Superintendent Hawkins informed Council that three Invitations to Bid for the Emergency/Standby Power System had been sent out.  Caterpillar of Topeka and Kohler and Mid America Power Systems of Missouri did not submit bids.  Cummings Mid America of Kansas City, Missouri submitted a bid of $36,335.  Cummings bid was higher than we had anticipated; so Superintendent Hawkins requested permission to go out for bids again for that generator. 

      Council Member Luke stated, “I make the motion to reject the bid received and to authorize the Water/Wastewater Superintendent to go out for bids a second time.”  Council Member Rhodes, “I second the motion.”  Council Member Luke explained, “This bid is $6,000 to $10,000 higher than what it should be.  Bartlett & West is going to find out from those who did not bid to find out what specification was a major issue and concern for them, so we can address that prior to actually putting it out for bid again.”  There being no further discussion, President of Council Scott called for a vote.  Motion unanimously carried.

WATER/WASTEWATER DEPARTMENT:  Water/Wastewater Operator – Hire; then  Advertise for Trainee

      Water/Wastewater Operator:  Superintendent Hawkins reported interviews were conducted for the Water/Wastewater Operator vacancy, and he recommended hiring Bryant Presley to start at $14.28 per hour.

      Council Member Luke stated, “I move to extend an offer of employment as Water/Wastewater Operator to Bryant Presley, at the starting hourly salary of $14.28.”  Council Member Rhodes, “Second.”  Council Member Luke said Mr. Presley will be available in two weeks.  There being no further discussion, President of Council Scott called for a vote.  Motion unanimously carried.

      Water/Wastewater Operator Trainee:  Superintendent Hawkins requested permission to advertise for a full-time Water/Wastewater Operator Trainee at the starting salary of $12.33 per hour.

      Council Member Luke stated, “I move we authorize the Water/Wastewater Superintendent to go out for applications for the position of Water/Wastewater Operator Trainee at the starting salary of $12.33 per hour.”  Council Member Lenard, “Second.”  Council Member Luke explained, “This position will basically be used to oversee the Waterline Replacement Project in the south part of town that we funded this year.  The funded amount is $60,000 to start the process; and we will be phasing that completed project in over three to five years.  During the non-construction period, there’s a series of other routine responsibilities this person could take on to allow our Operators to actually be in the Water Plant and doing the things in the Plant; and perhaps keeping the cost of outside services down.”  City Clerk Kewley stated, “I will add that this is the vacant position we’ve had in the Water Department that we have been budgeting for.”  Council Member Hoyt, “It’s fine, but we’re going to hire someone new that we’re going to train, and that person is going to be overseeing the project?  Did I hear you correctly?”  Council Member Luke, “No, he’s going to be actually assisting with doing the project.”  Council Member Hoyt, “Thank you.  I just wanted to clarify that.”  There being no further discussion, President of Council Scott called for a vote.  Motion unanimously carried.

WATER/WASTEWATER DEPARTMENT:  Southwest Development, including Freeman’s South Haven

      Council Member Luke stated, “For the last several years, we have been involved with and looking at the southwest development.  We have requested that Bartlett and West get an estimate of what the City’s obligation is and the different routes of options that could be made available to serve the six options.  We anticipated and reviewed with them that Option 1 and Option 2, which is what we know as the Stephen Freeman (South Haven) Project and the northern fourth of Velma Strawder’s property along Housatonic, as being the first two potential spots for development.”

      Council Member Luke stated, “With that, those two are approximately $750,000.  All funds are put in by the City to get the sewer system to the property line.  Since there has been a continual discussion and rumors around the city with respect to this, and pressure put on employees of the City; I’d like to make a motion that no additional City funds or labor hours be allocated towards the Southwest Development Project until a signed/approved Governing Body Developer’s Agreement has been received at City Hall.”  Council Member Rhodes, “I second the motion.”  President of Council Scott opened the floor for discussion on the motion. 

      Council Member Hoyt wondered if this was directed at anyone in particular.  Council Member Luke answered that it is due to the rumors, that a lot of people think it’s a done-deal and that things are going to get done regardless of what the Governing Body wants.  He said, “It’s going to be a Governing Body decision.”  Council Member Rhodes said that one of the issues we need to keep in mind is that the City is responsible for the main sewerline up to the company property, which is a lot different out there depending on which section is brought before the Council and approved.  He said, “The money could go from over several thousand dollars to over a million, depending on which (person/company) puts together a package and brings it to the City.  Our main function when this gets going – if it does – is for us to figure out which package is at the first of the line and which one gets the money for our part of the construction; and where we get the money.  A lot of issues are involved, and I hope this motion will lay groundwork for this to be done in a logical manner.”

      Council Member Lenard, “Is there any idea where that Developers Agreement stands?”  Council Member Luke, “The Developers Agreement is already on file.”  (It was passed by Resolution 2011-01, and stated, ‘The City of Burlington hereby adopts the policy that the Developer’s Agreement, which shall be hereto attached, shall become a requirement for Developers of Additions and Subdivisions to the City of Burlington, Kansas; effective immediately upon approval by the Governing Body of the City of Burlington.’)  Council Member Luke explained, “It’s that agreement because when completed, it outlines the steps that have to be taken – including annexation and everything else – to be completed prior to us actually doing any labor or any expenditure of funds.  Based on review of numbers, we have already spent over $30,000 of city funds at this time; and so far, have nothing to show for it.  That does not include the last study we did to come up with the actual cost.”

      There being no further discussion, President of Council Scott called for a vote on the motion made by Council Member Luke which is, ‘I’d like to make a motion that no additional City funds or labor hours be allocated towards the Southwest Development Project until a signed/approved Governing Body Developer’s Agreement has been received at City Hall.”  Council Member Hoyt voted, ‘Nay.’  With a vote of 5:1, the Motion carried.

STREET DEPARTMENT:  Update

      General:  Street Department personnel are patching potholes.  They installed culvert for Abendroth’s property where he’s got a tri-plex, fixed the drainage area at the Methodist Church, worked on the alley behind Across the Border to improve drainage, and are doing business as usual. They have also been cleaning up brush at the city property east of the 6^th Street Bridge

      Conrad Park:  Street personnel installed culverts for Conrad Park.

STREET DEPARTMENT:  Sidewalk Cost-Share Program–Increase City’s Cost Share (Form & new Ordinance 807

      Superintendent Mast addressed Council about proposed Ordinance 807 and the Application for Sidewalk Replacement.  Proposed changes in the Sidewalk Replacement and Cost-Share Program will include increasing City of Burlington’s Cost-Share amount from $7 to $10 per linear foot, and it will allow for sections of replacement sidewalk to match the size of the existing sidewalk abutting it.  New sidewalk the full length of the property would need to go in at the 5 foot width.  City Clerk Kewley explained that we have changed the fund it was expensed out of.  It had come out of the Community Development Fund, which has about $2,300 in it.  We will take the cost-share out of the City/County Infrastructure Grant Fund, like we have been; and we allocate $10,000 a year to it for the Sidewalk Cost-Share Program.  Superintendent Mast assured Council that the money does not accumulate; it is refunded every year. 

      Council Member Curtiss asked if a separate motion was necessary to raise the City’s cost-share amount to $10; it was not.  Council Member Curtiss stated, “I move to adopt Ordinance 807, Amending Chapter XIII, Streets and Sidewalks, Article 1. General Provisions, and Article 2. Sidewalks, of the Code of the City Of Burlington.”  Council Member Hoyt, “Second.”  Due to the fact that the City has no inspectors, Council Member Luke said he would like Section 2 (e) changed in the ordinance and the application to read, ‘The city Street Department Superintendent will review the installation of the individual sidewalks to ensure the applicants have met all the requirements of the City Codes.’

      Council Member Curtiss amended her motion to, ““I move to adopt Ordinance 807, Amending Chapter XIII, Streets and Sidewalks, Article 1. General Provisions, and Article 2. Sidewalks, of the Code of the City Of Burlington, with Section 2 (e) being change to read, ‘The city Street Department Superintendent will review the installation of the individual sidewalks to ensure the applicants have met all the requirements of the City Codes’.”  Council Member Hoyt, “Second.”  There being no further discussion, President of Council Scott directed City Clerk Kewley to poll Council for a vote.  All Council Members voted in favor.  President of Council Scott declared Ordinance 807 unanimously adopted.

STREETS:  Sidewalk Repair - Enforcement

      Council Member Luke, mentioning that for the last few meetings Council has discussed forcing sidewalk repairs on the landowners.  He referred to 1997 City Codes, Chapter XIII, Article 2, Subsection 13-208, Repairs by Owner or City.  Council Member Luke stated, “I move  that under City Code Chapter XIII, Streets and Sidewalks; Article 2, Sidewalks; Subsection 13-208, Repairs by Owner or City, that no repairs are to be made by the City on owners property until all city‑owned sidewalks meet all governing codes and that funds for such repairs be allocated through the annual budgeting process.”  Council Member Scott, “Second.”  Council Member Rhodes questioned why all city-owned sidewalks need to be fixed before we fix sidewalks of anyone else; and thought that work on sidewalks should depend on the condition of the sidewalk and where it is, and not necessarily the whole city.  Council Member Luke, “All city-owned, which means sidewalks on the city’s property need to meet all city codes before we force anybody else to do it.  We have some that don’t meet the codes, including a new ramp down at Crow-Moddie.”  Superintendent Mast said we do have some sidewalk in disrepair, and several corner pieces as well.  When the Street Department repairs sidewalk, they try to bring it up to ADA requirements and it is very cost prohibitive to try to take the city on as a whole.  Council Member Curtiss asked if these sidewalks are causing a problem and if they are hazardous.  Superintendent Mast said that is up to interpretation.  Council Member Hoyt said he would vote no just for the fact he had no knowledge this discussion was going to come up.  Council Member Lenard, “I moved to table the discussion on sidewalk repair and to review it until it is in a format for everybody to read.  Second by Council Member Curtiss.  Motion carried unanimously.

POLICE DEPARTMENT:  Update

      On behalf of Chief Jones, City Clerk Kewley presented his report.

      General:  It’s been business as usual for the Police Department.

      Unused/Unwanted Drug Disposal:  Chief Jones was pleased with Coffey County Republican’s article on the Drug Enforcement Administration’s (DEA) National Take-Back Initiative.  It will be nationwide on April 28, 10 a.m. to 2 p.m. 

POLICE DEPARTMENT:  Pre-Prom Mock Disaster – April 19 at 9 a.m. in Kelley Park

      Council Member Hoyt stated, “I move to allow the Burlington High School Students Against Destructive Decisions (SADD) to conduct their Pre-Prom Mock Disaster in Kelley Park at 9 a.m., on April 19, 2012.”  Council Member Lenard, “Second.”  Superintendent Boyce verified no other events were scheduled at the park that day.  There being no further discussion, President of Council Scott called for a vote.  Motion unanimously carried.

POLICE DEPARTMENT:  Personnel – Sick leave/Light duty

      City Clerk Kewley presented Chief Jones’ request to allow Police Officer Jay Szambecki to come back to work using a combination of light duty and sick leave, as needed.  Council Member Hoyt stated, “I move to accept Chief Jones’ recommendation to allow Jay Szambecki to use a combination of working light duty and taking sick leave, depending on his day to day status.”  Council Member Lewis, “Second.”  There being no further discussion, President of Council Scott called for a vote.  Motion unanimously carried.

PARKS DEPARTMENT:  Update

      Drake Park Improvements:  Parks personnel have been cleaning public buildings and restrooms, and clearing brush along the river below the RV parking at Drake Park.

      Hazard Tree Removal:  Superintendent Boyce has been working with Trenary’s Tree Care to remove hazard trees.  He will be grinding down the stumps, filling in with dirt, and planting grass. 

      Conrad Park – Playground:  Superintendent Boyce is still working with playground companies on designs.  He has one left to get in, hopefully this week. 

      Mower:  The new mower has been delivered.

      Meetings:  Superintendent Boyce attended the Tree Board meeting on the 21^st of March.

FINANCE:  Claims Ordinance & Payroll Ordinance

      CLAIMS 2012-05:  Council Member Hoyt, “I move City of Burlington pay Claims Ordinance 2012-05 in the amount of $563,276.27 for payment of city bills.”  Council Member Rhodes, “I second the motion.”  Council Member Hoyt explained, “The bulk of that amount is a $431,723.58 payment for paying off the electrical bonds early, which saved us about $6,300 in interest by paying it off now.  City Clerk Kewley, “Also, the power cost was down quite a bit for our customers, as well, because we didn’t have to take our payment into consideration.  Superintendent Schneider, “I think it is a record low.”  There being no further discussion, President of Council Scott directed City Clerk Kewley to poll Council for a vote. All votes were in favor.  President of Council Scott declared Claims Ordinance 2012-05 unanimously approved.

      PAYROLL 2012-05:  Council Member Hoyt “I move City of Burlington pay Payroll Ordinance 2012-05 in the amount of $59,725.07.”  Council Member Rhodes, “I second the motion.”  There being no discussion, President of Council Scott directed City Clerk Kewley to poll Council for a vote.  Motion carried unanimously.  President of Council Scott declared Payroll Ordinance 2012-05 approved.

FINANCE:  Charloma Annual Tax Exemption Administrative Review

      City Clerk Kewley reported the Administrative Review Committee met at 9 o’clock a.m. on February 27 for the annual review of Charloma, Inc.’s Application for Property Tax Exemption.  The Administrative Review Committee consisted of Mayor Gene L. Merry, Coffey County Economic Development Director Jon Hotaling, City Attorney Stephen Smith, USD #244 Superintendent Cliff Williams, and City Clerk Regina Kewley. 

      City Clerk Kewley referred to and read from the minutes of that meeting.  ‘The Committee discussed information provided by Jon Hotaling.  Mr. Hotaling reported on his discussion with Scott Morris, Controller at Charloma.  Charloma is very busy, and the 2011 total sales were up 25% from 2010.  Sales in January 2012 were up 35% from January 2011.  Charloma is hiring additional employees, and will be hiring an injection molding expert to assist with injection molding expansion at the Burlington plant.  Charloma is also working on becoming certified under the ISO 9000 manufacturing standard.  They have also informed City of Cherryvale that any expansion to their business will be done at the Burlington facility, which has more space available.’  City Clerk Kewley explained that Mr. Hotaling recommended we allow the tax exemption in 2012, which would allow Charloma to receive 30% abatement of taxes and pay 70% of their tax, for the building only.  She requested a motion allowing the exemption in 2012.

      Council member Luke stated, “I move to accept the Administrative Review Committee’s recommendation to extend the tax exemption to allow Charloma, Inc. to receive 30% abatement and pay 70% of their property tax for 2012.”  Council Member Rhodes, “Second.”  City Clerk Kewley said the City will send a letter out in November to request the information from Charloma, Inc. for next year’s Administrative Review on their full-time employees, which is our right.  City Attorney Smith concurred.  There being no further discussion, President of Council Scott called for a vote.  Motion unanimously carried.

FINANCE:  Personnel Salaries – CPI Recommendations

      City Clerk Kewley reported a Finance Committee meeting was held, with the council present for discussion of the Consumer Price Index for City of Burlington employees in 2012.  She explained, “We pulled the CPI from the factor we use every year  - the Bureau of Labor Statistics, and it came in at 3.1% for the January Consumer Price Index; so, I believe the Finance Committee wants Council approval of the 3.1% CPI.” 

      Council Member Hoyt, “I make a motion to approve a 3.1% Consumer Price Index (CPI) increase to City of Burlington employees, beginning with the first full payroll of April, 2012.”  Council Member Curtiss, “Second.”  There being no further discussion, President of Council Scott called for a vote.  Motion unanimously carried.

FINANCE:  Resolution 2012-06, Salaries

      Council Member Hoyt, “I move to adopt Resolution 2012-06, Providing For and Fixing Salaries and Compensations of Officers and Employees of the City of Burlington, Kansas pursuant to the Personnel Policies and Guidelines Established by the City of Burlington, Kansas in 1996, including Exhibit “A”, Wage and Salary Schedule, and Exhibit “B”, Employee Annual Work Plan & Evaluation Guideline.”  Council Member Rhodes, “Second.”  There being no further discussion, President of Council Scott called for a vote.  President of Council Scott declared Resolution 2012-06 unanimously carried.

FINANCE:  Refunding Outstanding State Loans ( GOBs Series 2012-A)

      City Clerk Kewley reported the Finance Committee met with our Financial Advisor, David Arteberry of George K. Baum & Company.  She referred to the report on the City’s outstanding debt, which is attached to the agenda as ‘Analysis of Refunding Outstanding State Loans’.  Now is a good time to refinance and save almost a half a million dollars.  She explained we need to move forward with this because the State of Kansas is only going to be accepting roughly fifty million dollars in paid bonds.  She requested Council pass a formal motion tonight to refinance our existing debt.  She has also been in contact with Dotty Riley, Bond Counsel.  All the documents have been sent to her office, and she prepared the motion for tonight that she needs passed to allow her to move forward on this. 

      Council Member Hoyt stated, “I move to authorize the City Clerk to provide notice to the appropriate State of Kansas officials of the intent of the City of Burlington to prepay its outstanding revolving loan amounts, which notice will be conditioned on the issuance of bonds by the City to provide the necessary funds to prepay the loans.”  Council Member Scott, “I’ll second that motion.”  President of Council Scott, “I think this is a good opportunity.  It’s a chance to have $400,000 to $600,000 in savings.”  Council Member Hoyt commented Mr. Arteberry is going to look at whether we will front load a loan or do it over the time period; and if we kept our payments the same, we would save more.  The main thing is getting this – a letter of intent - to the State and getting in that pool.  We should know something within a week. W have sixty days until closing.  Council Member Hoyt, “Up to and at any point, we can back out of this should we need to.”  There being no further discussion, President of Council Scott called for a vote.  Motion unanimously carried.

FINANCE:  Building Restoration Loan – Danielle Birk-Ernst for 105 N. 3^rd Street

      City Clerk Kewley presented Danielle Birk-Ernst’s loan application for a Building Restoration Loan for 105 N. 3^rd Street.  City Clerk Kewley had talked with the majority of the Decision Making Authority and they are in favor of granting the loan; so she requested Council’s approval of the loan.

      Council Member Hoyt stated, “I will make a motion to approve the Building Restoration Loan Application in the amount of $5,000 for Danielle Birk-Ernst for 105 N. 3^rd Street.”  Council Member Curtiss, “I second the motion.”  There being no further discussion, President of Council Scott called for a vote.  Motion unanimously carried.

PLANNING & ZONING:  Update

      General:  Zoning Clerk Hugunin reported being busy with permits.  He attended the Rotary meeting, the Tree Board meeting on February 20^th, and the Strategic Planning meeting today.  The next Tree Board meeting is on the 20^th of March.  Zoning Clerk Hugunin also updated the Facebook page with information for the Electric Department, including a video on public utilities, and with information on the Drug Enforcement Administration’s National Take-Back Initiative. 

PLANNING & ZONING:  Spring Clean-up 2012

      Zoning Clerk Hugunin reported Coffey County has scheduled the week of April 16 as Spring Clean-up Week and will waive Coffey County Landfill fees from Monday, April 16 through Saturday, April 21.  Burlington will pick up Brush the week prior; however, brush should be out by the curb no later than 7 a.m. on Monday, April 9.  Residential trash/junk should be put out by the curb no later than 7 a.m. on Monday, April 16 for free pick up by city personnel.  City pickup will be conducted for a limited time, and anyone missing the free pickup for trash, may take items to the Landfill at no charge through Saturday, the 21^st of April.  Flyers will be at City Hall and at various businesses in Burlington.

PLANNING & ZONING:  Tree City USA – Community Recognition Day on March 28, 2012

      Zoning Clerk Hugunin reported the 2011 Kansas Tree City USA (TCUSA) Community Recognition Day is March 28^th in Derby.  He, Dan Allen, and possibly some other Tree Board Members will be attending the ceremony.  City of Burlington has earned the distinction of Tree City USA for 19 years in succession.  Note FYI-No Growth Award

OTHER COUNCIL BUSINESS:  Proclamation  and  a Letter to Mediacom

      Proclamation:  Mayor Merry has proclaimed the week of March 12-16 as Flood Safety Awareness Week.

      Mediacom:  A letter has been sent to Mediacom requesting them not to delete Channel 5 KCTB (CBS).

PERMITS:  Zoning permits issued by Zoning Clerk Hugunin

2012-008  Francine Burke 1007 Potomac St. – Fence
2012-009  Sam Somerhalder 1112 Kennebec St. – Storage Shed
2012-010  Shannon Dobrisky 118 Juniatta St. - Fence

LEGAL DEPARTMENT:  Update   None

      Meeting:  City Attorney Smith reported some of the City’s officials are meeting on Friday with David Cooper (Attorney) on the on-going case. 

      Possibly Changing Court Location to Courthouse:  City Attorney Smith reported the docket for Municipal Court is eleven pages long, with about fifty cases.  He said, “As a result of being overloaded with cases of all the cities in Coffey County,  we (the City) have contacted the Coffey County Attorney, the District Court Clerk, and the Sheriff about utilizing the District Court for Municipal Court.  We will approach the County Commissioners with the request to have Municipal Court there and to provide security to stop access to the rest of the Courthouse. City Attorney Smith said the only thing that still needs worked out is for Carol coming back to City Hall to issue bench warrants.  City Clerk Kewley agreed with the City Attorney that Municipal Court has grown and City Hall is crowded on court nights, with people coming in as early as 4:30 p.m., sometimes earlier.  That is overwhelming and uncomfortable for our customers who are coming in to do business with a crowd standing in the lobby, and with prisoners and Police Officers here.  City Attorney Smith thinks our officers could provide the security at the Courthouse, and that it will be around June before this change of location is accomplished.

CITY CLERK:  Update

      General:  City Hall Staff has been busy with customers paying utility bills, preparing work orders, preparing vouchers for bill paying, doing payroll, preparing resolution and ordinance documents, preparing minutes and other documents for Council meetings, and handling calls and inquiries.

      Sewer Improvement Project Phase II:  Tomorrow at 10 a.m., we will be closing on temporary financing for Phase II of the Sewer Improvement Project.  It will be $3,360,000.

      Refinancing City’s Current Debt:  City Clerk Kewley has been working with our Bond Counsel and our Financial Advisor to refinance our current debt.

      Meetings:  Last week, City Clerk Kewley attended the Administrative Review Committee Meeting on the Charloma Tax Exemption, the City Staff Meeting, and the Finance Committee Meeting.  She participated in the Water/Wastewater Operator interviews.  Tomorrow’s Sewer Construction meeting has been canceled.

      Personnel – Evaluations:  City Clerk Kewley reminded the Committee Members and the Superintendents to have the personnel evaluations and Work Plans to her by March 21^st, the next meeting of Council.

      Tornado Drill:  The statewide tornado drill will be on the 13^th of March at 1:30 p.m.  City Hall personnel will be participating in the drill and will go listen for the sirens at Sonic and at 9^th & Yuba. 

REPORT BY CITY OFFICERS:  None

President of Council Scott declared meeting adjourned.  Approved by Council/signed by  Regina R. Kewley, City Clerk.

= = = = = = = = = = =

BURLINGTON CITY COUNCIL REGULAR SESSION FEBRUARY 15, 2012

City of Burlington Governing Body met in Regular Session at City Hall, 301 Neosho Street, Burlington, Kansas at 6:00 p.m. Wednesday, February 15, 2012.  Mayor Gene L. Merry called the meeting to order.

ROLL CALL:  Mayor Merry presiding.

  Council Members present:

      Yes-William C. Scott (President of Council)                 Yes-Roger Kent Hoyt                Yes-Lewis Lenard
      Yes-R. Standley Luke (Stan)                                       Yes-Forrest T. Rhodes               Yes-Jerilyn Curtiss

  Superintendents Present: Yes-Kevin Boyce (Parks)    Yes-Alan Schneider (Electric)    Yes-Doug Jones (Chief of Police)
                                             Yes-Doug Mast (Street)       Yes-Danny Hawkins (Water/Wastewater)         

  Also Present:   Yes-Regina Kewley (City Clerk)            Yes-Susan Stroh (Administrative Assistant)
                           No-Stephen Smith (City Attorney)          Yes-Jimmy Hugunin (Zoning & Grants Clerk)

  Media Present:  Mark Petterson, Coffey County Republican

VISITORS:  Jay Hale (Pastor, First Baptist Church), Hanna Hanners (Autism Awareness), Steve Hanners

AGENDA:  Council Member Luke, “I move to approve the agenda as amended.”  Council Member Rhodes, “I second the motion.”  Motion unanimously carried.

MINUTES:  Council Member Hoyt “I move to approve the Draft Minutes for the regular session of February 1, 2012 as corrected.” Council Member Curtiss, “I second the motion.”  Motion unanimously carried.

PUBLIC COMMENT:  None

APPOINTMENT:  Hanna Hanners - Autism Awareness Program and Proclamation

      Hanna Hanners said, “This is the fifth year National Autism Awareness Month has been declared in April.”  She informed Council that it is a global event as World Autism Day.  Autism Speaks invites everyone to Light It Up Blue to shine a spotlight on the public health crisis of Autism and improve the future for everyone who struggles with the disorder.  Mrs. Hanners explained that business owners and managers all over the world light their businesses up in blue, and individuals put blue lights on or around their residences throughout April each year.  Autism affects 1 in 110 children – 1 in 70 boys.  The Centers for Disease Control and Prevention has called Autism a national public health crisis whose cause and cure remain unknown.  It is the fastest growing developmental disability in the world. 

      Mrs. Hanners stated, “It is my goal to shine a light on Autism here in Burlington.  If we educate our community, our children will be safer because our community will have a better awareness of the disability and how we can help deal with Autism, and in emergency situations when children with Autism will not be able to speak or scream that they need help.  We can inspire children in our community to grow to be better people, if we educate both the parents and the children in our area.”  She continued, “I thought it would be awesome if we could get individuals and businesses to participate in Light It Up Blue, by putting a blue light on the porch or lighting up businesses.  Businesses can request Light It Up Blue Participation Packets by visiting www.lightitupblue.org.  More awareness of this disability will promote earlier diagnosis and treatment.”

      Mayor Merry gave Mrs. Hanners several color copies of the proclamation which declares April 2^nd in perpetuity until the cure for Autism is found to be World Autism Day in City of Burlington.  The Proclamation will be published in mid March.

      Mayor Merry mentioned City of Burlington has talked about putting blue light bulbs in the light fixtures above the outside City Hall entrance at the mural.  Mrs. Hanners provided information, “Bruce Murray, Murray Electric, and his supplier have ordered a large supply of blue light bulbs that are available to anyone in the community who wished to participate; and if any area businesses need help ordering these special lights, Bruce will be happy to help.”  She added that she can email information or bring copies of brochures, etc. She has an event on Facebook and eighty Burlington residents already plan on attending.  She may plan a lighting ceremony, depending on community interest in the event.

ELECTRIC DEPARTMENT:  Distribution (Line Department)

      General:  Electric Department personnel have been doing normal duties, work orders, and locates.  They have been reading meters, doing truck maintenance, and are painting inside the shop. 

      GIS:  Superintendent Schneider said they got the Midland GIS report back, made a few corrections, and will send it off to get it finalized. 

      Pole Attachment count:  Line department personnel have been counting pole attachments for CenturyLink and Mediacom.

ELECTRIC DEPARTMENT:  (Production)

      Generator #6:  Three heads are leaking on the #6 Generator, and the inter-coolers and turbo chargers on it need cleaned; so they are trying to schedule maintenance with the vendors to coordinate the work and get it all done at once.  Personnel have also been doing general maintenance at the Power Plant.

ELECTRIC DEPARTMENT:  Electric Utility Revenue Bond Series #2003 – Letter to the State Treasurer

      City Clerk Kewley explained that Dave Arteberry, our Financial Advisor with George K. Baum & company, noticed that our 2003 Series Bond is coming due in August.  He said the Bond is eligible to be called early, so he is giving her direction on how to do that.  She wrote a letter to the Office of the State Treasurer offering to pay the bond early and call the $430,000.00 principal, and approximately $1,723.58 in fees and interest.  The early pay off would be on March 8, 2012.  She stated, “I did get the statement from the State Treasurer; and I would like to get a formal motion to pay off that Electric Bond four and a half months early, and save us $6,300 in interest.”

      Council Member Hoyt, “I make a motion to authorize early pay off on March 8, 2012 of Utility Revenue Bond Series #2003 in the amount of $431,723.58 of principal and interest.”  Council Member Rhodes, “Second.”  Mayor Merry called for discussion on the motion; and there being none, he called for a vote.  Motion unanimously carried. 

      Council Member Rhodes asked if it was a budget item; and since it was, commented that we actually made $6,300 on last year’s budget.  City Clerk Kewley, “On the electric side.”

WATER/WASTEWATER DEPARTMENT:  Distribution

      Liftstation #1- Lightning Damage:  Superintendent Hawkins reported LS#1 was hit by lightning and a relay was burned up.  We did have one available.  Jim Thweatt came in to do a lot of the work inside of the panel; and Superintendent Hawkins asked him to come back and put in some lightning protectors, so this does not happen again.

      Liftstation #2 – Maintenance:  Personnel also had to pull the pumps on LS#2, and no damage appeared to be done by the rags and other debris that was cleaned out of the pumps. 

      Lift Station Project:  Mayor Merry asked if we are going to advance the sewer liftstation rehabilitation.  Superintendent Hawkins answered that we are and we’re really pushing the ball trying to get that process started.  We know the Phase II of the Sewer Improvement Project is wrapping up quickly.  Andy Wright (Bartlett & West) was working on it last Thursday to get it to go up for bids so it is a possibility that we may see liftstation contractors here as early as the first of June. 

      General:  Personnel have been installing water services, reading meters, and doing rereads and line locates.

      Sewer Improvement Project Phase II:  Superintendent Hawkins reported the sewer project is progressing quite well.  Right now we’ve got Precisions Lining here; and they’ve just finished all the Vac-a-t’s.  United Pipe Renewal is coming to cut the green pipe in the alleyways off at the grade and will be putting concrete pads in.  It will look nice when they get done.  Skillman Construction has only about thirty repairs left to do in the finish-up work.  There are two hundred lateral line launches, which is not very many, so the project is close to its completion.  They have progressed so well due to the nice weather we’ve had this winter.  Andy Wright, Bartlett & West, will be at the next Council meeting to go over the final change orders for Phase II, which will finish out those contracts, and we’ll sign them.

      Grease Trap Inspections:  Superintendent Hawkins hopes to begin Grease Trap Inspections this Friday.

WATER/WASTEWATER DEPARTMENT:  Production – Water Treatment Plant

      Water Plant- Pneumatic Actuators:  Superintendent Hawkins reported, “On December 10, 2011, Tonka was asked to give us a bid to help us with this, and after quite a bit of time, they gave us a bid of $4,800 to come and fix the problem. Fortunately, we found the vendors we needed and ordered the parts ourselves at a cost of $982.  We did the initial installation ourselves, and saved the City about $3,818.  We were hesitant to try, but they work great now, and the guys are very relieved.” 

      Potassium Feed:  Superintendent Hawkins reported we also set up our potassium feed line from intake.  We have an injector that was plugged and failed, which has been a repetitive problem; so we’ve contacted the State for recommendations of where it could be replaced and still be able to feed Potassium to control the odors and bad taste of water.  They said we’d have to reduce our parts per million (ppm), but could still feed it in the Rapid Mix as long as we don’t get pink water throughout the filters.  We have reduced the rate from 6 ppm to 4.5 ppm; and it will do the effects of the oxidation of the water and the taste.

      Chlorine Analyzers:  Water personnel finished today with putting the tubings on the CL17s (Chlorine Analyzers), so that job is completed.  A letter was received from Gayland Beyer from the State (KDHE) that we do not need to submit any more weekly updates on water usage from the Neosho River because the water pool has come up to level. 

      Water Pumped:  Superintendent Hawkins reported it has been a good week at the Water Plant.  So far for the month of February, a little more than 6,500,000 gallons of water have been pumped.

STREET DEPARTMENT:  Update

      General:  Street Department personnel are patching holes, maintaining equipment and removed snow for the first time this year.

      Removal of Hazardous Trees:  Superintendent Mast reported they finished taking out some hazard trees.  He explained that a couple of city employees have had some training on trees and when there is a question on whether a tree in the city’s rights-of-way needs removed, they are asked to look at the tree and give their trained opinion.  If they decide it is a hazard tree that may fall or lose limbs in a storm, we as a city try to go in and take the tree down; however, if it is too big, we contract the job out.  He, Superintendent Boyce, and Street Foreman Davidson look at the trees and assess what the city can handle time-wise and size-wise, and if we can, they will do it.  If someone asks for a tree that is in the right-of-way to be removed, and the tree is not dead and is not a hazard, the city crews will not do that.  If the property owner wants that tree down, it is his/her responsibility to do it.  A tree in the right-of-way between the sidewalk and the road is considered a street tree.  The Parks Department and the Street Department work together on these trees.  Superintendent Mast said a couple of his crew have gone to training mainly to learn how to prune correctly when trees are trimmed, and to learn to trim and cut trees safely. 

      Trenary’s Tree Care should be here Monday to remove five hazardous trees and do complete clean-up.  Most of the trees can be worked from the street, but the Cottonwood trees on Rock Creek may be an issue.

      Conrad Park:  Street personnel are putting in all the underground drainage and installing culverts for the Conrad Park improvements.  They are putting in a new parking area since the old parking lot was sold with the sale of the old Armory. 

POLICE DEPARTMENT:  Update

      General:  Chief Jones reported there were no accidents in town on Monday when we had snow.  The city crews kept the streets in good shape.  There was a minor injury accident this afternoon at Willett and Kennedy.

      Other cases:  The Police Department is currently working an internet predator case.

      Unused/Unwanted Drug Disposal:  Chief Jones said Council Member Lenard had made an inquiry about disposal of unwanted or unused drugs, such as prescription medications.  He contacted Sheriff Rogers and they will partner up on this as part of the Drug Enforcement Administration’s (DEA) National Take-Back Initiative, which will be nationwide on the 28^th of April from 10 a.m. to 2 p.m.  It is strictly anonymous and allows people to drive up and drop off drugs – prescription, over-the-counter, etc.  They will not be asked who they are or how they got the drugs, and what they drop off will not be checked.  The officers are only to be sure no needles are going into the drug drop off container.  There will be a separate sharps container for needles.  DEA provides the collection boxes and will come to pick them up and make sure they get cremated.

      Chief Jones said that a location needs selected for the drop-off; and that Council Member Lenard had suggested the Water Plant parking lot.  However, Chief Jones thought Kelley Park may be a good location.  Council Member Lenard said the Scouts talk about it, and Superintendent Hawkins has mentioned that a lot of medicines get dumped into the sewer, and end up in our water supply; so this would be a good way to keep some medications from entering our rivers, streams, and water supplies.  Superintendent Hawkins explained that it is a requirement to monitor the sewer lagoon discharge; and this past year we did not do it two separate times because of the drought and also because we’re tightening our sewer systems so we do not need to discharge from the river.  But one of the biggest things the State is looking into is the pharmaceuticals, because antibiotics never dissipate from the water and even the water treatment we use does not totally remove all the antibiotics from the water.  So, in time, the State may require us to monitor pharmaceutical drugs that are in the water.  There have not been any mandates at this time, but it is being evaluated.  Council Member Rhodes mentioned that instructions on medications used to be to flush them; but now, it is suggested to seal them in a plastic bag and put them in the trash so they don’t go into the water supply.  Chief Jones thought that may not be good for the landfill either.

      Nuisance Garage:  Mayor Merry said the nuisance garage northeast of the museum has been removed.

PARKS DEPARTMENT:  Update

      Drake Park Improvements:  Superintendent Boyce reported they have been cleaning public buildings and restrooms, clearing brush along the river below the RV parking at Drake Park, and painting in the Parks Department office on inclement days.  One hand rail for the new stairs at Drake Park was painted today and will probably be installed tomorrow; and then he will start working on the other hand rail.

      City/County Park and Recreation Grant:  Superintendent Boyce worked with City Clerk Kewley on preparing the Accounting of 2011 Park and Recreation Funds.

      Meetings:  Superintendent Boyce attended the Employee Benefits Meeting and the KMU Safety Meeting.

PARKS DEPARTMENT:  Truck Bids

      Superintendent Boyce reported on the results of the four Invitations to Bid sent to dealers for the purchase of a 2012 ¾ Ton Regular Cab, 2-Wheel Drive Truck.  Advantage Ford and Branine Chevrolet & Buick did not submit bids.  The bids received are listed below. 

       Council Member Scott stated, “I move to accept the truck bids as bona fide.”  Council Member Curtiss gave a second.  Motion unanimously carried.

      Council Member Scott stated, “I move to accept the low bid from Crow-Moddie Ford for a ¾ Ton truck for their bid of $23,538.”  Council Member Curtiss, “I second the motion.”  Hearing no discussion on the motion, Mayor Merry called for a vote.  Motion unanimously carried.

      Trees:  Superintendent Boyce thanked the Electric Department and the Street Department for their help with the trees.

FINANCE:  Claims Ordinance & Payroll Ordinance

      CLAIMS 2012-04:  Council Member Hoyt, “I move City of Burlington pay Claims Ordinance 2012-04 in the amount of $455,182.45 for payment of city bills.”  Council Member Rhodes, “I second the motion.”  Council Member Hoyt explained, “In that amount is $150,000 for electric; $51,000 for Phase II of the Sewer Improvement Project; and $172,800 for our Water Treatment Plant revolving loan payment.”  There being no further discussion, Mayor Merry directed City Clerk Kewley to poll Council for a vote. All votes were in favor.  Mayor Merry declared Claims Ordinance 2012-04 unanimously approved.

      PAYROLL 2012-04:  Council Member Hoyt “I move City of Burlington pay Payroll Ordinance 2012-04 in the amount of $66,513.99.”  Council Member Rhodes, “I second the motion.”  There being no discussion, Mayor Merry directed City Clerk Kewley to poll Council for a vote.  Motion carried unanimously.  Mayor Merry declared Payroll Ordinance 2012-04 approved.

PLANNING & ZONING:  Update

      General:  Zoning Clerk Hugunin reported he issued a permit for a house and one for a house addition.  He also started a preliminary update of the city codes.  He’s had several calls from real estate agents asking about houses that are shown on an older floodplain map as being located in the floodplain, but they on the revised map, they are not.  City of Burlington has a new Facebook page that does not require you to ‘like’ us, and you can access it as a ‘Friend.’ 

PLANNING & ZONING:  Sidewalk Cost-Share – Cost Increase

      Zoning Clerk Huginin reported he had worked on a project the Mayor requested concerning sidewalks in disrepair throughout the city.  He referred Council to the print outs of colored pictures he took of sidewalks.  Mayor Merry suggested we try to get the property owners to work with us on the Cost-Share Program to get these sidewalks repaired, and we are considering raising the City’s cost-share from $7 to $10 per linear foot. 

      Superintendent Mast explained, “We always try to pay 50% of the cost to tear out and replace sidewalk that is in need of repair.  The cost now to tear out and replace sidewalk is around $20 per linear foot; so if we want to continue to meet that 50%, we need to increase our share.  The last few we’ve done have cost about $20 per linear foot, so we haven’t been paying 50%, and there is nothing that says we have to – the previous Council wanted to meet that amount.  If we are going to do that, we need to be aware that we have to make sure we appropriate that $10,000 each year for sidewalk replacement.”

      Superintendent Mast continued, “One thing we need to remember is that with a lot of these sidewalks, we are looking at spot repairs.  In the past we never did a sidewalk replacement as a spot-repair program.  It’s been that if a property owner wanted to replace part of the sidewalk, it was at their expense; but if they wanted to replace the entire sidewalk, it could be done on the Sidewalk Replacement Program on a cost-share basis with the City.”  He mentioned pros and cons of requiring property owners to repair their sidewalks, and of adding spot repairs to the Cost-Share Program.  It is in the codes, however as far as he is aware, requiring property owners to repair their sidewalks has never been enforced, and it might cause hard feelings.

      Superintendent Mast explained that if a property owner does not want to repair the sidewalk, per City Code, we could do the repair and put the cost on their property taxes.  Council Member Hoyt expressed concern that several areas don’t have sidewalk; and a property owner could just remove his/her sidewalk instead of repairing it.  Mayor Merry pointed out that some of the sidewalks may be in poor shape due to being torn up for a plumbing job being done.  He had looked at high-traffic sidewalks near schools, etc.; and said we’d need to prioritize by the sidewalks with the most traffic.  He wanted City Attorney Smith to look into liability aspects to protect the city from lawsuits due to injuries caused by unsafe sidewalks.

      Mayor Merry thought we could pinpoint six or seven high volume sidewalks that need repaired, and put them in a resolution and we either replace everything, or try to work out a cost-share deal.    Mayor Merry mentioned that this was done in 1991 with Resolution 91-10, the main high-traffic sidewalks were replaced at‑large – main sidewalks along streets that go to the school on 6^th Street - along Highway 75, Kennebec, and the south side of Neosho Street.  In answer to the Mayor’s inquiry about Country Club Heights’ sidewalks, Council Member Scott said the sidewalks and ramps were put in along with the streets and curb and gutter, which were all assessed to the property as part of the street project.

      When asked about how the project has been used over the years, Superintendent Mast explained it used to be funded by the Community Improvement Fund which is being phased out; so a line item was placed in the City/County Fund with $10,000 allocated to the Sidewalk Replacement Cost-Share Program.  It has never been used up and it does not accumulate.  It is not a funded account where the money is carried over year after year.  In the past, it has been used for streets in some way or another.  Only a few applications are submitted in a year. 

      Damage done to sidewalks by trees was also discussed and how it affects deciding who should be responsible for the sidewalk repair – the city or the property owner.  Also discussed were the issues of a tree is removed against the owner’s wishes, and a tree removal’s effect on property value.

      Superintendent Mast said another thing to discuss is that per ordinance, we are requiring any new sidewalk to be put in at 5’ width, instead of the previously required 4’ width; so if we do spot repairs, it will not look good with a 5’ wide panels and 4’ panels mixed in the same sidewalk.  Council discussed making an exception to the 5’ rule and allowing for matching the width of the existing sidewalk.  New sidewalk would still need to be put in at the 5’ width.

      Council wanted to update the City Code pertaining to sidewalk replacement, and to provide an exemption to allow replacement sidewalk to match the width of the existing sidewalk.  The Application for Sidewalk Replacement will also need updated with the requirements and increasing the City’s cost-share amount to $10. 

      Council Member Scott wanted to know who is going to develop the prioritized list, and where we are going to start.  Mayor Merry said it would be in the Street Committee.              Council Member Scott thought fixing the sidewalk from Alleghany to Housatonic would involve trees, and he thought that if we need a safe sidewalk from all parts of the city, then a sidewalk is needed in his neighborhood in Country Club Heights to the Recreation Center and the Middle and High Schools, which has high pedestrian traffic.  Mayor Merry stated, “It is cost prohibitive.”  Council Member Hoyt pointed out that the area from Alleghany to Housatonic is a very high pedestrian traffic area, also.

      Council Member Curtiss was concerned about the people who really can’t afford the expense of repairing sidewalks.  Council Member Hoyt suggested increasing the city’s cost-share to $10, prioritizing the sidewalks, and maybe having a special provision in it for an additional budget for that and once it’s used up it’s used up for the year, there will be no more funds available until the next year.

PERMITS:  Zoning permits issued by Zoning Clerk Hugunin