July 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, Tim McNish, and Jennifer Smith were present. Also present were the following: City Superintendent Justin Van Winkle, City Clerk Sandy Nichols, and City Attorney Lee Hendricks. Visitors present were: Elsie Middleton, John Chaney and Roy Steffan.

Christy Mallonee made a motion to approve the June 6, 2009 minutes with correction made. Jennifer Smith seconded the motion and the vote passed 5 yeas, 0 nays.

Jimmy Wilkins made a motion to approve the bills before them. Tim McNish seconded the motion and the vote passed 5 yeas, 0 nays. Information regarding the closing of bonds and transfer of monies July 23, 2009 regarding the new water plant was shared with the council. There were no comments regarding the monthly financial report submitted by the city treasurer.

John Chaney was present to review a Right of Way Encroachment Agreement. After review, Christy made a motion to approve the agreement. Mark seconded the motion and the vote passed 5 yeas, 0 nays. Mr. Chaney signed the agreement. Mayor Paslay signed the agreement and the city clerk attested. The signatures were notarized by Tim McNish.

Roy Steffan was present to express concerns about rats in two abandoned cars on a location on Woodson Ave. Mr. Steffan stated one of the vehicles belonged to the renter’s friend. One of the vehicles had been wrecked. The council requested the city attorney to send a letter to the property owner. The city clerk is to send the attorney the needed address and owner information.

After discussion regarding permanent or temporary bond for the $286,000 for the new water plant, Jennifer made a motion giving Mayor Paslay the authority to make the best decision after he has visited with Mr. Phil Wolfe. Mark seconded the motion and the vote passed 5 yeas, 0 nays.

After review of information sent from James M. Long for an audit of the 2009 city records, Tim made a motion to accept the audit bid and agreement presented. Christy seconded the motion and the vote passed 5 yeas, 0 nays. It was recommended a letter be sent when returning the agreement with Long CPA, PA accepting the bid not to exceed $4400 audit services.

Planning Commission; nothing on the agenda, studied Ag & R-1 zones.

Lee presented a resolution regarding property at 335 5th Street deadline to commence repair or removal of unfit structure. After discussion Jennifer made a motion to accept the resolution. Tim seconded the motion and the vote passed 5 yeas, 0 nays.
There was discussion regarding horses within the city limits. After discussion, the city clerk was requested to send a letter stating the codes would not be changed and the horses need to be removed. There was also discussion regarding notification of code violations. It is recommended to wait for a council meeting if possible.

Increase of water rates:
There was discussion whether to raise the rates once or twice between now and January 1, 2010.
The city clerk is requested to clarify with Dave Bogner that the recommended 60% increase in rates had taken into consideration the water rates were raised January 2009. Also, request his reasons needed for the increases to add to the council’s information to be in an informative letter mailed to residents.

Midland does not have an estimate at this time for the guard rail at the new water plant. The rocks the city has are not large enough to be used for this purpose.
Justin gave update reports for the new water plant and asphalt work on Clark Street. Mark stated the street work that has been done on Clark Street looks good.

USDA Rural Development had required a contract between RWD #3 and the City of Lecompton for the water plant loan. The City Attorney, Lee Hendricks, created the contract, had it approved and signed by RWD #3 and the City of Lecompton. The contract was forwarded to Rural Development and then returned to the City of Lecompton stating the contract was not needed.
After discussion regarding waiver of late charge for two school systems, it was decided to follow the codes and not waive the late charge fees.
After discussion regarding no one living at a residence, it was decided to not apply trash fees. The city clerk is to notify the SM Ball of the location and request them not to pick up trash if there should be any at that address.

The property at 430 Whitfield is in violation of grass height. The property is expected to be foreclosed on. City Clerk is to check with Douglas County for foreclosure information. Contact Richard Nichols to mow the property when time is up on the letter sent giving notification of the code violation for grass height. The mowing and past due utility bill are to be added to the tax roll.
The council has given approval to purchase of a scanner that is needed to send files.
The council was notified there was an error on the budget public hearing date. The correction was made and the notice published again.
After discussion regarding an outstanding utility bill of $500 plus, the council instructed the city clerk to send a letter to the property owner that the bill is to be paid within 10 days or the cost will added to the tax roll. The letter is also to state if payments for the utility bills to the city from the renters are not paid monthly in the future, all meters will be read and the bill sent to the property owner of the trailer court.
A letter is to be sent to Mr. Stauffer stating if the trailer of metal is not removed and the untagged cars are placed in the barn by August 3, 2009 the city will enforce the city codes by removing these items and the expense of this process will be sent to the property owner.
Information regarding a change in primary elections was give to the council members.
Council was reminded of the Budget Hearing 6:30 P.M. August 3, 2009.

9:13 P.M. Jimmy made a motion to adjourn. Mark seconded the motion and the vote passed 5 yeas, 0 nays.

Sandy Nichols, City Clerk