April 20, 2009

7:00 P.M. Mayor Paslay brought the Lecompton City Council regular meeting to order at 327 Elmore, Lecompton, KS. Council Members Jimmy Wilkins, Christy Mallonee, Mark Tunstall, and Jennifer Smith were present. Council Member Tim McNish was absent. Also present were the following: City Superintendent, Justin Van Winkle, City Clerk, Sandy Nichols, City Attorney Lee Hendricks, Amy Eddins with Moore&Van Allen, Teri Smith, Director of Douglas County Emergency Management, residents Elsie Middleton and Joe Schmidt.

Jennifer Smith made a motion to approve the April 4, 2009 minutes. Christy Mallonee seconded the motion and the vote passed 4 yeas, 0 nays.

Christy Mallonee made a motion to approve the bills before them. Mark Tunstall seconded the motion and the vote passed 4 yeas, 0 nays.

Amy Eddins was present requesting the council to pass a resolution to purchase locally. After much discussion and assurance from Ms Eddins that the resolution would not have an impact on the city’s purchases, Jennifer made a motion to pass the 2009 Resolution on the Spending of Federal Economic Renewal Grants to Lecompton, KS. Mark seconded the motion. The vote passed 3 yeas and 1 nay vote by Christy Mallonee.

Teri Smith was present to explain, discuss and present a Resolution Adopting the Douglas County, Kansas Mulit-jurisdictional Hazard Mitigation Plan. Jimmy made a motion to pass the Mitigation Plan Resolution before them. Mark seconded the motion and the vote passed 4 yeas, 0 nays.

Joe Schmidt was present to present a drawing of a fence he would like to install. After the council was assured the fence would be within Mr. Schmidt’s property, the council gave approval of the fence. Council Member Tunstall reminded Mr. Schmidt to stay on his property when building the fence. No building permit will be required. The council thanked Mr. Schmidt for coming in and letting them know of his plans.

Mayor Roy Paslay appointed Elsie Middleton to the Lecompton Planning Commission. Jennifer made a motion to accept Mayor Paslay’s appointment. Jimmy seconded the motion and the vote passé 4 yeas, 0 nays.

Lee reported a 60’ tower by the new water plant would not be a problem.
It was reported Mr. Roberts has been clean up his property. The council requested this to be revisited at the May 18th meeting.
There has been no response to a letter sent by the City Attorney to Brad Coletta regarding an unfit structure on his property. Mark made a motion for Lee to move forward with a resolution regarding this structure. Christy seconded the motion and the vote passed 4 yeas, 0 nays.
The city clerk reported there had not been any response to a letter sent to Vicky Wells regarding property on E. 7th Street. Mark made a motion to have Lee send a letter to Ms. Wells. Jennifer seconded the motion and the vote passed 4 yeas, 0 nays. Sandy is to send Lee information that has been sent to Ms. Wells.

City Superintendent:
Justin reported he went to town to purchase numbers to be placed on the “Welcome” signs for Territorial Days as requested. When returning, he noticed dates had already been put on the signs.
Justin stated he will be glad to help paint stalls for Territorial Days provided someone from the Territorial Days Committee is present to provide instruction. Jennifer wanted to know if this could be done before Farmer’s Market started. Justin asked if trees could be planted over a sewer main. The council said the tree roots could become a problem and have to be removed which might damage the tree. There was no knowledge that a tree could not be planted over a sewer main.

Justin reported there had been a water leak on the Mobil Lodge Community side of one of the meters. There was discussion as to how this should be handled. Justin reported he had the area dug up to see where the leak was. Once the leak was located the MLC was notified. Justin is to follow up on the charges of this project. When there are leaks within the city, the council stated it was okay to shut water off until leaks are repaired in regard to water conservation issues. Justin reported work at the water plant was moving forward. There were numerous soil compaction tests that were being done, possible more than required. Bids for the water tower will be opened May 12th at 2 PM. Mike Emming with SKW will attend the May 18th meeting. The city clerk is to confirm this with Mike.

Earl Bahnmaier requested a private drive sign be placed around Howard Duncan’s driveway and a dead end sign around Lester Traxler’s. It was noted this area is not a private drive and therefore a private drive sign could not be put up. There is a dead end sign in the area of the water tower. Justin is to check into placement of another sign.
A handicap parking space in front of the city office was discussed. Lee will check into this matter.
The council requested Mr. Kelley has an update for the council at the May 4, 2009 meeting. The clerk is requested to send a letter.
John Chaney called to say he would have a document regarding the concrete pad over the sewer main ready for the May 4, 2009 council meeting. He would like for the council to view the document prior to registering the document. Resident Sandy Nichols was asked if concrete pad had been removed from the property to the north of 414 Boone Street. It was reported the sidewalk had been removed as well as a survey stake. A tree may now have been planted where the survey stake had been.

City Clerk:
The city clerk reported her April 6 minutes did not show approval of the 2008 audit. Jennifer made a motion to approve the 2008 audit. Mark seconded the motion and the vote passed 4 yeas, 0 nays.
It was reported other cities varied in what if any charges are applied when residents request water to be shut off for several months. City code 15-216 was discussed. The city “may” charge a $30 fee maybe added. City code 12-210 was also discussed. It was decided an article should be placed in the fall newsletter regarding unauthorized shutting water off at the meter.
The council was asked for interpretation and direction: if a residence is gifted, is a deposit needed. After discussion the council said a deposit was not needed.
Two Governing Body Handbooks may be order when they have been updated.
Governing Body Institute May 8 & 9: after discussion about attendance Jennifer made a motion to register one individual to attend. Jimmy seconded the motion and the vote passed 4 yeas, 0 nays.
The CD and renew as is.
155th Anniversary T-shirts will be done by Jenn Folks.

8:42 PM Jenn made a motion to go into executive session until 8:49 PM regarding client attorney privilege information of payments. Jimmy seconded the motion and the vote was unanimous. 8:49 PM regular session resumed. Jimmy made a motion that Lee could offer $3000 to satisfy the amount due to Cooper & Malone for the billing Rick Ensz submitted. Mark seconded the motion and the vote passed 4 yeas, 0 nays. Lee will send a letter regarding this information.

8:40 P.M. Jennifer made a motion to adjourn. Jimmy seconded the motion and the vote passed 4 yeas, 0 nays.
Sandy Nichols, City Clerk