April 19, 2010 CC & Public Hearing


6:45 P.M. Mayor Paslay brought the Lecompton City Council Public Hearing regarding update of the Floodplain Ordinance to order at 327 Elmore, Lecompton, KS. Council Members Mark Tunstall, Jimmy Wilkins, Tim McNish, and Jennifer Smith were present. 7:02 PM Council Member Christy Mallonee arrived. The following were also present: City Clerk Sandy Nichols, and City Superintendent Justin Van Winkle. Mayor Paslay asked for any comments. The council was presented with the updated ordinance. A map of changes was reviewed. There was no addition discussion. 7:00 P.M. Mayor Paslay closed the Public Hearing.

7:00 P.M. Mayor Paslay brought the Lecompton City Council Meeting to order. Additional residents arrived: Denzil Hackathorn and his daughter Marlene, Nichole Sawyer, Gary and Vickie Wells, Paul Bahnmaier, and Jace Jacob.

Mark Tunstall made a motion to approve the April 5, 2010 minutes. Jimmy Wilkins seconded the motion and the vote passed 4 yeas, 0 nays.

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

Mark made a motion to approve Ordinance # 801 regarding the update Floodplain Ordinance. The motion was seconded and the vote passed 4 yeas, 0 nays.
7:02 Christy Mallonee arrived.

Paul Bahnmaier presented the council with 2009 Territorial Days expense information. Paul stated a photography vendor would like to set up where there is electricity and shelter in case of rain. The council approved setting up in front of city hall provided space is left open to enter city hall if necessary. It was reported information for the building permit for meter inspections is now complete. The city clerk will get this information to Douglas County Zoning. There was discussion regarding Westar coming out to install meters. Justin volunteered to work with Westar to get the meters installed. There was discussion regarding what the Territorial Day Committee would like from the city. Mr. Bahnmaier stated Justin’s assistance with the electric and a donation would be wonderful. Jimmy Wilkins made a motion to donate $1000 and Justin’s assistance with the electric meters in addition to what he usually does to help. Christy Mallonee seconded the motion and the vote passed 5 yeas, 0 nays.

Jace Jacob was present to discuss his utility bill. The use of a large amount of water was billed and Mr. Jacob did not believe he had a leak. Justin said some work had been done at the meter pit but this would not affect the water usage. It was explained the meters were estimated January and February. Mr. Jacob reported he had had a frozen water line. Justin left the meeting to get a reading from the meter. When Justin returned it was noted the current water usage appeared normal. The council asked Mr. Jacob if he could pay the extra billing in six month installment. Mr. Jacob believed this would be fine and he would try to work with the landowner also.

Nichole Sawyer, property owner at 530 E 7th was present to discuss certified letters she continues to receive from the city regarding issues at this location. Some of the letters are regarding code violations regarding a dog not confined. Some letters regarding other issues. Ms. Sawyer believes this is a waste of the city’s time and money to be sending out certified letters for such petty issues. In the past when Ms. Sawyer lived there if there were any problems the neighbors would sit down and work it out. The council agreed this would be best. The city attorney recommended the code violations be taken care of and the letters would not be sent. Mr. Wells stated he would be restoring an antique truck and he is waiting for a title to get the other truck tagged. The council would like an update on this tag in a month. Mr. Wells asked about the location for installing a fence. How far back from the road does it need to be? The city staff will check the Planning Commission books and report back to Mr. Wells.

Paul Bahnmaier shared that Channel 4 news was here for the April 6th election because no one filed to be on the ballot. There was a very nice report given on the night news. Bonnie Fugett was interviewed and County Clerk Jamie Shew was present. Mr. Shew reported about 13% voted which is what was expected. Paul also said a granddaughter of President Eisenhower would be attending the reenactment of the Eisenhower wedding in June.

Jimmy Wilkins, Christy Mallonee and Jennifer Smith had not had any contact with Jamie Shew regarding the April election. All three said they would accept the council positions having received the top three numbers of votes. All three completed forms for Statement of Substantial Interests for Local Office and left with the city clerk. The city clerk will contact Mr. Shew.

Resolution 268 regarding property at 240 Clark: Mr. Hackathorn was present regarding a letter the city council had requested the city attorney to send regarding multiple code violations. Mr. Hackathorn has started clean up. The city attorney explained the city council would not proceed unless Mr. Hackathorn does not get the property cleaned up. Mr. Hackathorn said the survey of his property was incorrect. The surveyor did the survey by satellite. Justin stated when SKW survey crew was doing some work at the lagoons he asked them to re-survey the north property line of the new water plant. The stakes had been knocked down and he wished to put posts on the surveyed line. The council requested Justin to meet with Mr. Hackathorn and the survey crew to have the north line of the city property re-surveyed. Mr. Hackathorn said the east end survey is okay. Mr. Hackathorn said the first survey was correct but the second survey was incorrect. The city attorney stated the resolution regarding the house would have to be published once for two weeks. The council agreed to give Mr. Hackathorn until June 21 to work on the clean up and at that time report back to the council with an update of progress. Mr. Hackathorn would like to work on the house and keep it on the property. His taxes will be lower if this is possible. Jennifer made a motion to approve the resolution providing for a hearing on June 7, 2010 to discuss this property.

Mayor Paslay reported cars were being moved behind a fence at 640 E 3rd. No action was taken at this time.

Justin reported he had met with representatives from BG Consultants regarding a long range street maintenance plan. The following project order was considered: #1 Whitfield from Woodson Ave to 7th t0 Eisenhower; #2 Clark Street; #3 Whtfield to 5th east to Elmore to Woodson; #4 Halderman Woodson to 2nd; #5 Iasacks from 3rd to 5th; #6 Whitfield Woodson to end of 3rd; #7 Boone; #8 5th Boone East; #9 Elmore around 2nd; #10 Halderman Woodson south; #11 Simons; #12 Jones; #13 7th Eisenhower to city limits. Justin had met with Bernie from Sunflower Paving to give an estimate for work on Whitfield.
Justin: double drum roller at Federal Surplus at 50% off; township has been busy with their backhoe; no gas can be in the water plant; would like to overlay Whitfield Street.

The city clerk reported Carl Bahnmaier told her the structural fire property on Elmore is being sold to the Historical Society. Mr. Bahnmaier said he would be contacting Ivan Fry Jr. to get a bid on clean up. There was discussion the need to get the clean up done or money to Mr. Bahnmaier. The city council requested the city attorney to send Mr. Bahnmaier a letter.

Funding for additional meters and the cost for the discharge projects were discussed. The council does not believe borrowing additional money would be the correct way to proceed. The city will pay for these needed requirements.

Applications for the part time job were reviewed. No one was hired at this time.

Mark requested a letter be sent to Susan Clemons regarding her dog being loose and in violation of city code.

Communications: CDBG funds could be available in 1 -2 months with 15% matching funds required;
Deputy Flory from Douglas County Sheriff’s department called to let the city know a report had been filed by Mr. Denzil Hackthorn that a city personnel had been trespassing on his property. A charge had not been filed.
KDHE has approved the discharge plans at the lagoons.
Justin reported a permit was needed for the wastewater being discharged from the water plant;
Justin reported fences should be around the wells and easements
Justin reported the water plant has been running since the day after the April 5 meeting although it is not running as it should be.

If Acct 87 is not paid, it is to be shut off. Mark is to be contacted.

9:08 P.M. Christy made a motion to adjourn. Mark seconded the motion and the vote passed 5 yeas, 0 nays. Sandy Nichols, City Clerk