REGULAR COUNCIL MEETING
7:00 P.M.
JUNE 21, 2010
Mayor Terrence D. Spexarth on Monday, June 21, 2010 at 7:00 p.m, called the regular monthly meeting of the Colwich City Council to order.
Mayor
Terrence D. Spexarth
Councilmembers Present
Michael Kraus
Andy Buessing
Jon Scott,
Shawna Glasscock
Frank Suellentrop
Staff Present
Mayor Spexarth led the audience, staff and Council in the Pledge of Allegiance.
Ms. Kim Bell, Gilmore and Bell informed the Council that the first of four IRBs issued for ICM was paid in full, she detailed the graduated tax abatement scale for the remaining issues, and the property in the first issue being returned to the tax rolls. She introduced Resolution No. 444 authorizing the Mayor to sign certain documents returning the property to ICM, detailed the property involved and reported that the property descriptions were verified with ICM's legal counsel.
Councilman Suellentrop moved that the Council approve Resolution No. 444. Councilman Kraus second the motion. Upon a call vote the motion carried 5-0.
Ms. Diana Brooks, Zoning Administrator, informed the Council of the Planning Commission's recommendation to approve application VAC-10-01 with two conditions: first, the waterway never be restricted and second, that the word "recreation" be added to the easement description in anticipation of possible future walking/biking path needs.
Councilman Buessing moved that the Council accept the recommendation of the Planning Commission for the vacation the street right-of-way and conditions pertaining to the waterway and recreation as described. Councilman Suellentrop second the motion. Upon a call vote the motion carried 5-0.
Mayor Spexarth stated that Mr. Roger Stockemer, President, Colwich Ball Club, presented a draft of an agreement reviewed and commented on by the City Attorney. Mr. Stockemer asked that the Council set a work session to review the agreement. He introduced Mr. Greg Tice who reviewed the general design of an approximately 16-acre ball complex with amenities. Ms. Brown reviewed the type of agreement options available to the Council for their consideration and the complexities of each.
There was a consensus of the Council to set a work session on Wednesday, June 30th at 7:00 p.m. to include the Council, Mayor, Park Committee, and Ball Club.
Mr. Ben Mabry, City Engineer stated he had nothing to report. There was discussion regarding the City Engineer presenting the Special Use application at the Planning Commission meeting, the reasons for choosing him as the agent, and the Council's intentions to construct amenities common to all parks and their impact on the surrounding property owners.
Councilman Suellentrop reminded staff of the improvements needed at the west city limits on Union Ave., detailing the drainage concerns, and the need to stop erosion along the road.
Ms. Alison Brown, City Attorney, presented Ordinance No. 628 amending the Standard Traffic Ordinance concerning seat belts. There was discussion regarding the ramifications of not passing the ordinance and waiting until the Standard Traffic Ordinance was published and ready for distribution in 30-60 days. Ms. Brown detailed the ramifications and the impact to the Police Department. Councilman Kraus moved that the Council adopt Ordinance No. 628 amending the Standard Traffic Ordinance. Councilwoman Glasscock second the motion. Upon a roll call vote, the motion failed 4-1 with Councilwoman Glasscock voting nay, Councilman Suellentrop voting nay, Councilman Buessing voting nay, Councilman Kraus voting yea and Councilman Scott voting nay.
Ms. Alison Brown, City Attorney presented Ordinance No. 629 an ordinance revising the existing Personnel Policy Handbook to add the regulations regarding no smoking as required by State Law effective July 1, 2010. There was discussion regarding the reporting process, the involvement of the Police Department, and the impact by deleting the last sentence to prevent improper reporting.
Councilwoman Glasscock moved that the Council delete the line "All violations of this policy will be forwarded to law enforcement for possible prosecution" and adopt Ordinance No. 629. Councilman Suellentrop second the motion. Upon a roll call vote the motion carried 3-2 with Councilwoman Glasscock voting yea, Councilman Suellentrop voting yea, Councilman Buessing voting yea, Councilman Kraus voting nay, and Councilman Scott voting nay.
There was clarification on the Personnel Policy Handbook regarding Councilmembers interactions with City staff. Ms. Brown detailed state law regarding council member authority, the differences between Commission and Council forms of government, and the requirement set forth by statute regarding the Mayor's responsibilities in matters of personnel.
Mayor Spexarth requested that the Council remove item D as the applicant was the new manager of The Keg. He asked that the application be approved contingent upon passing all background checks and fire inspections.
Councilman Kraus moved that the Council approve a drinking establishment license contingent upon a background check and fire inspection for the Keg. Councilman Scott second the motion. Upon a call vote the motion carried 5-0.
Councilman Suellentrop requested consideration for all products that could be purchased in Colwich or Andale be purchased locally to support the local businesses. Mayor Spexarth reviewed the monthly financial report and the anticipated reduction in the assessed valuation determining the amount of money a mill would generate for 2011.
Councilman Suellentrop moved that the Council approve the consent agenda items A through C. Councilman Scott second the motion. Upon a call vote the motion carried 5-0.
There was discussion regarding the cost of a jetter being cost prohibitive and detailed the mowing of the new City Park.
Mr. Martin presented his monthly report. Mr. Martin reported that Westar Energy would be installing the bridge on the north side of the pond July 9th and 10th. He presented the service agreement from MicroCom for service on the telemetry system for the water system at a cost of $2,000. Councilman Scott suggested vendors to contact for the same type of service.
Discussion continued regarding the possible expansion of the City maintenance building to protect the equipment sitting outside, the need to repair the fence at the tennis courts, the need for painting at the Library and the need to fill potholes at Marion and Breese.
Ms. Brooks provided the Council with the water usage history for the Colwich Elementary School, the rate history set by ordinance showing no increase to the school since 1997, and the monthly utility costs for the school complex.
Councilwoman Glasscock moved that the Council charge the Renwick School District the same sewer rate on both meters. Councilman Kraus second the motion. Upon a call vote the motion carried 5-0.
Councilman Buessing informed the Council of the complaints he had received regarding the smell coming from Abengoa. Mayor Spexarth informed the Council of Abengoa dumping excess sewer water in Maize's mechanical plant and that KDHE was aware of the odor.
Councilman Buessing stated he had received complaints regarding trucks parking on asphalt. Councilman Suellentrop detailed the procedure taken designating certain streets as a truck route, and the drivers being responsible for finding a place to park their trucks.
Ms. Nancy Maus, Library Director, presented her monthly report, reported on the summer reading program, and stated the computerization of the checkout system was ready for updating.
Chief Brad Banz, Fire Chief, presented his monthly report, stated that the township had the budget with an expected answer by the end of July on the contract for fire protection. He reported that inappropriate dumping was decreasing at the compost site.
Councilman Suellentrop informed the Council of ICM, Vision Homes agent, being on the Planning Commission agenda for zoning change in preparation of developing the property east of Crocker Ave. He suggested that lighting options be researched to improve the appearance and lighting along Chicago Ave (53rd Street).
Ms. Brooks suggested that a stone type monument be constructed at the east City park to provide a decorative welcome into the City limits.
1. Review of the request to appoint Jesse McCurry to the Planning Commission
Mayor Spexarth recommended the appointment of Jesse McCurry to fill the vacant position on the Planning Commission.
Councilwoman Glasscock moved that the Council uphold Mayor Spexarth's recommendation and appoint Jesse McCurry to the Planning Commission. Councilman Suellentrop second the motion. Upon a call vote the motion carried 5-0.
2. Report on the progress of the Heritage Festival - Mary Ann Morrison
Ms. Mary Ann Morrison updated the Council on the theme of the festival, the changing of the date from September 26th to October 2nd, the focus on getting parents involved, the Ball Club sponsoring, at cost to the citizens, mutton bustin, and detailed the events to be held at the REC building.
Ms. Morrison detailed the businesses being solicited for donations and that any funds remaining would be for the purchase of a community improvement project. Councilman Suellentrop suggested carrying over of the funds for the next year's festival with the goal in mind that the festival be self-funding in future years.
Mayor Spexarth reported that the Sunflower Grant for the second phase of the walking trails had been awarded. He reminded the Council of the July 15th budget meeting.
Ms. Brooks stated that she had nothing to report at this time.
Chief Mark Hinkle presented the monthly report. He requested to attend the School Based Policing conference in Topeka.
Councilwoman Glasscock moved that the Council approve Chief Hinkle to attend the School Based Policing conference at a cost of $420. Councilman Scott second the motion. Upon a call vote the motion carried 5-0.
Chief Hinkle reminded the Council of their request that an inventory and pricing be compiled to replace faded and worn street signs. He presented a summary of the three bids taken for replacement street signs, the specifications detailed in the bids, and the installation to be done by City maintenance.
Councilwoman Glasscock moved that the Council approve the bid from J & A at a cost of $3,431.25 for replacement street signs to be taken from the Reserve Funds. Councilman Scott second the motion. Upon a call vote the motion carried 5-0.
Councilwoman Glasscock asked Chief Hinkle to provide bids for the purchase of a new vehicle and expressed concern that the vehicles were out of replacement cycle.
Councilwoman Glasscock requested an executive session for a period of 10 minutes for the discussion of non elected personnel to include the Mayor, Council, City Attorney, and Chief Mark Hinkle.
Councilwoman Glasscock moved that the Council recess to executive session for a period of 10 minutes beginning at 10:40 p.m. for the discussion of non elected personnel to include the Mayor, Council, City Attorney, and Chief Mark Hinkle. Councilman Suellentrop second the motion. Upon a call vote the motion carried 5-0.
Councilwoman Glasscock moved that the Council move out of executive session at 10:50 p.m. Councilman Suellentrop second the motion. Upon a call vote the motion carried 5-0.
Councilwoman Glasscock moved that the Council return to open session at 10:50 p.m. Councilman Kraus second the motion. Upon a call vote the motion carried 5-0.
There being no further business, Councilwoman Glasscock moved for adjournment at 10:50 p.m. Councilman Scott second the motion. Upon a call vote the motion carried 5-0.
Respectfully submitted
Diana K. Brooks, City Clerk