November 16, 2009


7:00 P.M. Mayor Paslay brought the Lecompton City Council Meeting to order at 327 Elmore, Lecompton, KS. Council Members Mark Tunstall, Jimmy Wilkins, Christy Mallonee, Tim McNish and Jennifer Smith were present. The following were also present: City Clerk Sandy Nichols, City Superintendent Justin Van Winkle, City Attorney Lee Hendricks, The following residents were present: Elsie Middleton, Mr. & Mrs. Carl Bahnmaier, and Shawn Martin.

Tim McNish made a motion to approve the November 2, 2009 minutes. Mark Tunstall seconded the motion and the vote passed 5 yeas, 0 nays.

Mark made a motion to approve the bills before them excluding payment to Midland until further discussion. Jimmy Wilkins seconded the motion and the vote passed 5 yeas, 0 nays.

John Chaney was present requesting a building permit extension for property at 422 Boone Street. Plumbing is complete and the road has been repaired. Sheet rock is ready to be done. Mr. Chaney has agreed to pay any additional cost toward inspections not covered by the original permit. Mark made a motion to approve an extension of previous building permit for 422 Boone Street with the understanding the Mr. Chaney will pay for any inspections not covered by the cost of the previous building permit. Jennifer Smith seconded the motion and the vote passed 5 yeas, 0 nays.

No one was present for building permit information for Mr. Norris/Ms Blanchett.

Mr. Phil Beets was present from Sunflower Broadband. Sunflower Broadband would like permission to install a cable to the Keystone Learning. After discussion Jennifer made a motion to allow Sunflower Broadband to install cable to Keystone Learning. Tim seconded the motion and the vote passed 5 yeas, 0 nays.

Shawn Martin presented receipts to replace filters and shower heads in his house water lines caused by work on connecting water lines done by Banks Construction. After review and discussion Jennifer made a motion to re-reimburse Mr. Martin for receipts presented and to monitor water usage for the month of November to be considered at the next meeting. Mr. Martin stated concerns of future problems with his water tank that may be caused by this issue. The council requested a letter be sent to the city engineer notifying him of the problems involved with the connection of the water line work done by Banks Construction.

Carl Bahnmaier was present regarding a building permit to replace a power pole on property he owns at 1005 E 7th. Mr. Bahnmaier purchased the building permit in October 2008. At that time Mr. Bahnmaier was not able to find someone to do the work and the building permit was not used. Mr. Bahnmaier requested to use that permit now to have the work done. Mark made a motion to extend the use of the permit purchased in October 2008. Tim seconded the motion and the vote passed 5 yeas, 0 nays. There was discussion regarding structure fire on Elmore owned by Mr. Bahnmaier. Mr. Bahnmaier stated the back part might be okay but did not know about the front part. Currently someone is helping remove things from inside. Mr. Bahnmaier was requested to keep the council updated. City Clerk is to contact the Insurance Company to see if the property has been condemned.

Planning Commission; there was discussion regarding 5 member board or a 7 member board. Jennifer shared information when she was on the PC. If the commission was changed to 5 members 2 members would still need to be from the county to represent the 3 mile radius. Jennifer stated most of the work done while she was on the commission regarded the 3 mile radius area. If there were 5 members with a quorum of 3, then 2 county residents could possibly make decisions regarding the city limits. There was discussion to possibly not meeting monthly but to meet quarterly unless there was pc business that needed to be acted upon. The council would like for the planning commission to study this possibility. If changes are made the by-laws will need to be changed and this process studied.

Historical point at 7th & Whitfield; Council Member Wilkins reported the marker is still there. He has talked with the workers and they are aware where the marker is.

A job application for the part-time treasurer position from Tabetha Mallonee was reviewed by the council. The city clerk is to forward information to the insurance agent to see if Mrs. Mallonee is bondable. The council will discuss this again at the Dec. 7 meeting.

There was discussion regarding adding an addition to a home that has been grandfathered in: if the property does not have the required set back area, any additions would need to go to the BZA for a variance request.

Lee shared information he had regarding the $82,763.32 payment request from Midland for October work at the water treatment plant. Lee spoke with Midland’s attorney regarding the retainage amount and work to be completed yet. Lee recommended the city pay Midland $20,730.90. The city clerk noted a signed approval pay request form had not been received at this time. Mark made a motion to pay Midland $20,730.90 when all necessary paperwork has been received. Jennifer seconded the motion and the vote passed 5 yeas, 0 nays.
Lee noted he has again requested SKW to produce a complete boundary description that is needed for a resolution after property has been annexed into the city limits. The resolution needs to be passed before the end of the year.
Belinda Jane’s property: Mrs. Janes received the certified letter requesting clean up of the property on 9/23/09. Mrs. Janes has done some clean up but has not contacted the city. There is still clean up that needs to be done. The council requested Lee to create a resolution for this issue.
The council is concerned about the safety of property located north of the water plant. The council requests Lee to send a letter to the property owner.
The council is concerned about the safety of property located north of Lester Traxler’s home. This property is in the county. The council would like the city clerk to send a letter to the county regarding this property.

Justin reported he had viewed the ditch on Ron Ricley’s property and when the backhoe is in town and available he will try to do some work there.
Water plant report: transformers are in, Tonka is to be on site Dec. 7th, floor is ready to be sealed.
Water tower report: road to tower is in, lot of welding to be done yet; issues with contractor following specks.

Gail Tompkins was not present. She had requested the council to let her know if Mr. Cyr is to currently be paying utilities even if he is not living in town. City attorney stated a letter had been sent to her notifying her that she will be responsible for the utility charges on her property. What she chooses to charge the renters is up to her.

The requested paperwork has been received from Dennis Stauffer.
A building permit has not been received for a deck on Halderman.
CD is to be renewed for 1 year.
The city clerk may contact Mr. Long to do end of the year work that Dave Bogner has done in the past. Lee would like to call Mr. Bogner. City clerk is to email Mr. Bogner’s phone number to Lee.

8:45 P.M. Mark made a motion to adjourn. Jennifer seconded the motion and the vote passed 5 yeas, 0 nays.
Sandy Nichols, City Clerk