May 4, 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, Tim McNish, and Jennifer Smith were present. Also present were the following: City Superintendent, Justin Van Winkle, City Clerk, Sandy Nichols, Elsie Middleton, Pat Gottstein, and Jim Flory.

Jimmy Wilkins made a motion to approve the April 20, 2009 minutes. Christy Mallonee seconded the motion and the vote passed 5 yeas, 0 nays.

Mark Tunstall made a motion to approve the bills before them. Jennifer Smith seconded the motion and the vote passed 5 yeas, 0 nays. Mark made a motion to approve the Midland payment before them when the funds are available. Christy seconded the motion and the vote passed 5 yeas, 0 nays.

Gary Kroeger was present to discuss drainage on Boone Street. The north end of his drain on Boone Street had been plugged and he was grateful for the work Justin did on the drain tube. PLS was doing work on Kroeger’s parking lot and stated the following: 1) Kelley’s driveway should slop and drain on the west side of the road; 2) ditch on the west side of Boone Street is filled with silt. Douglas County recommended a letter be sent to the property owners giving them 30 days to correct or the additional action would have to be taken and cost applies to tax roll. The council discussed what the city could do legally. Mr. Kroeger stated he was the biggest tax payer in Lecompton and had never asked for help. He is concerned that the wash coming from Kelley’s driveway could flood two apartment complexes. One resident in the apartment complex has complained about the road being slick caused by the dirt washing. There was discussion regarding the ditch on the west side of Boone Street needing to be cleaned. Possibly at the time that is cleaned the area north of Kelley’s drive could be worked to help the situation. The council requested a letter be sent to Helen Bates and Gilbert Bates, and Brian Kelley stating a temporary silt fence could be put in place temporarily by May 18, 2009 until a permanent fix could be done by May 31, 2009. Council Member McNish will hand deliver Mr. Kelley’s letter. After May 31, 2009 the city will explore additional options.

John Chaney was not present to present legal paperwork regarding 414 Boone Street. After discussion the council was in agreement to not furnish additional services until this information is furnished and reviewed by the council.
Penny Bahret was not present.

Patrick Gottstein was present to discuss insurance for the new water plant. The council suggested contacting Dan Fischer with Rural Development to see if they would be requiring a set amount. Patrick and Justin will get together to review the information. Patrick will return for the May 18, 2009 meeting.

Rosilin Liba was not present. Mrs. Liba stopped in the office stating concern of the neighbor’s children at 530 E 7th coming into her yard and on her deck. Liba’s have a very large friendly puppy but she is concerned a child could be hurt by the puppy wanting to play. Mrs. Liba stated she possibly would contact the sheriff’s department so her concerns would be on file. Mrs. Liba also will try to visit with the neighbors.

Elsie Middleton was present to discuss Territorial dates being placed on the “Welcome to Lecompton” signs. Ms Middleton was concerned about the negative discussion at the last meeting regarding this topic. It was stated the Bob Trainer had contracted to place the dates on the signs for three years free of charge. This information was not shared at the last meeting when Justin was asked to get numbers for dates and place them on the signs.

After review of a resolution regarding an unfit structure at 335 E 5th Street, Tim made a motion to pass Resolution #260. Jennifer seconded the motion and the vote passed 5 yeas, 0 nays. The Resolution will be published, sent to two addresses for the owner and a copy placed on the door of the structure.

The bid from Berberich Trahan & Co. was reviewed. The council would like to continue studying options. The city clerk is to check with Craig Weinaug as to whom the county uses.
Jennifer made a motion appointing Mark Tunstall as council president. Jimmy seconded the motion and the vote passed 5 yeas, 0 nays.

Mayor Paslay reported Bill Roberts is continuing to make improvements on his property. He is getting bids for porch and roof replacement.

Mayor Paslay made the following appointments: City Superintendent, Justin VanWinkle; City Clerk, Sandy Nichols; City Treasurer, Linda Guthrie; City Accountant, Dave Bogner; City Attorney, Lee Hendricks; Utility Hearing Officer, Council President Mark Tunstall; Electric building permits, Mayor Paslay; Planning Commission Member, Mary Jane Hoffer; Newspaper, Lawrence Journal World; City Banks, First State Bank and Trust and Douglas County Bank; Street Department, Tim McNish; Sewer Department, Jimmy Wilkins; Park and Recreation Department, Jennifer Smith; Sanitation Department, Christy Mallonee; Water Department, Mark Tunstall. Jennifer made a motion to accept the Mayors appointments. Tim seconded the motion and the vote passed 5 yeas, 0 nays. It was noted Darby Lohrding had sent correspondence to not be on the Planning Commission any longer at this time. The city clerk will put a sign at the post office for interest in being on the PC.

Elsie Middleton inquired as to the status of asphalt bids. It was reported the council will not be doing chip and seal this year and will consider some asphalt instead of chip and seal. Some patch work will be done.

Justin reported Clark Street is in bad condition. RD Johnson recommended waiting until the plant is completed to get bids. Mark has concerns regarding chunks of asphalt. Jimmy made a motion to add AB3 and mill. The motion was not seconded. There was discussion regarding cost to mill versus cost to blade up and not reuse the materials. Tim said Kings Construction, Hamms, and Spring Hill also have milling machines. Justin was instructed to add AB3 on top, mill not less than 5” to 6”, from the curbs on the south to the north. He is to keep the cost around $8,000.

The council would like to meet with the County Commissioners on a Wednesday evening of their meeting night at Lecompton. The city clerk is to contact Craig Weinaug to set a date and time.

It was noted Mark would not be able to attend the Governing Body Institute May 8, 2009.
Sunflower Bank called reporting interest in working with the city.
Cara Hendricks brought information by from Taylor Design Group.
It will be okay to have horse rides on the street May 31. They are not to be in the park, no streets are to be blocked off, and the horses are to be cleaned up after.
Fee for the 4th grade use of the CB was waived.
Douglas County annual report was furnished and available to review.
The city clerk is to do whatever works regarding the fax machine or faxing from the copy machine.
Reminder Lee is to check on handicap markings if a sign is put up.
A letter is to be sent to Beverly Thrower to remove trash from the front yard.
Lee is to move forward with next step regarding clean up of Stauffer property.
Jennifer said there were designs available for the Territorial Days t-shirts.
Mark made a motion to go into executive session to discuss non-elective personnel performance matter from 9 PM to 9:05 PM. Tim seconded the motion and the vote passed.
Regular meeting reconvened at 9:05.
A motion to have an executive session was made at 9:07 to discuss non-elective personnel negotiations until 9:25 PM.
Regular meeting reconvened at 9:25 PM. Jimmy made a motion to give Superintendent and City Clerk a 1 ½% raise effective May 2, 2009. Jennifer seconded the motion and the vote passed 5 yeas, 0 nays. Justin was instructed to keep a log. Justin was asked if the part-time employee logged what he was doing. Justin said he does.
The question was asked if franchise fees had been received from SCI. The answer was no. Another letter will be mailed.

9:24 P.M. Jimmy made a motion to adjourn. Jennifer seconded the motion and the vote passed 5 yeas, 0 nays.
Sandy Nichols, City Clerk