July 6, 2010


7:00 P.M. Mayor Paslay brought the Lecompton City Council Meeting to order at 327 Elmore, Lecompton, KS. Council Members Jimmy Wilkins, Tim McNish, Christie Mallonee, and Mark Tunstall were present. Council Member Jennifer Smith arrived at 7:50 P.M. The following were also present: City Clerk Sandy Nichols, City Superintendent Justin Van Winkle and City Treasurer Tabetha Mallonee; residents Denzil Hackathorn, Carl & Mary K. Bahnmaier, Elsie Middleton, Chris & Judy King, Vickie Clark, Bill Roberts, Vickie Bahnmaier, Andy Liba, and Cheryl Harper. Cara Hendricks with BG Consultants was present.

Mark Tunstall made a motion to approve the Public Hearing minutes of June 21, 2010. Tim McNish seconded the motion and the vote passed 4 yeas, 0 nays. Mark made a motion to approve the June 21, 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. Christy Mallone seconded the motion and the vote passed 4 yeas, 0 nays. There was discussion regarding off road diesel.

Danny Sanford: Mr. Sanford stated he was threatened by Mayor Paslay at the June 21, 2010 council meeting. Mr. Sanford asked if anyone had heard it. Elsie Middleton acknowledged she had. Mr. Sanford state the mayor pointed at him and said, “I’ll get even with you”. Mr. Sanford requested a written apology from the mayor and then to resign. He asked the mayor if he had anything to say. Mayor Paslay said he didn’t have anything to say at this time. Mr. Sanford gave the mayor until the next meeting to have the written apology. Mr. Sanford stated he had not filed a complaint at this time. Mr. Sanford stated there should not be any threats to citizens. Mr. Sanford recommends if threatened by the council – take them on. Denzil Hackathorn asked why the threat was not in the minutes. The city clerk stated if there is more than one conversation happening at one time they cannot all be heard and recorded. Why aren’t laws waited on before making a decision. The difference between city codes and resolutions was explained. Necessity of a resolution is discussed before a resolution is approved. Bill Roberts said the council targets individuals. Who makes complaints? Can he drive around and make complaints? Denzil – can individual come to complain about a code? Why cars? Jimmy Wilkins stated junked cars make the property look trashy. Elsie Middleton stated many times the code book is checked, sometimes there are regulations, sometimes there are not. Danny Sanford – who turned in the green truck? He didn’t get that information. Denzil – someone had to get two cars removed. Sheriff said city shouldn’t be concerned the property owner is only one that can have them removed. Elise asked if minutes could be posted at the post office. It was noted that USD 343 and the township minutes are not posted at the post office. No action will be taken at this time. City minutes are public and can be accessed at the city office. Denzil – when is the water going to be fixed? Bill Roberts – water is worse than its ever been. Andy Liba – when fire department got water from the fire hydrant he had awful water. This has happened about 3 times in the last 6 months. There was discussion regarding disinfection of the new tower and samples to be taken. Justin reported boring that is necessary before the softener can be used has started. Denzil said pressure should be placed on the contractor. Vickie Clark stated she had been present at a meeting when the council had pressured the engineer who is responsible for the project. Several council members also expressed pressure had been put on the engineer numerous times at meetings and welcomed attendance to all meetings by residents. It was noted problems do to lightning are not the engineers fault. Wet insulation problems are still being followed up by the council. Elsie suggested the city might have to fill a law suit. A council member explained the time table and process that the city would have to follow if a law suit would be necessary. Council member Wilkins stated consideration of the budget and costs of a law suit would also have to be taken evaluated. There was discussion regarding the pressure reducing valves that were installed.
Council member Jennifer Smith arrived.
There was discussion regarding when the new tower would be on line and flushing of the water lines.

Cara Hendricks, P.E. with BG Consultants, Engineers, Architects, & Surveyors was present to present and discuss a Preliminary Engineering Report Draft. Cara would like to meet and review the information with Justin. The next applications for CDBG money will be do in October. Jennifer Smith asked if the traffic load was considered when making the priority list. Cara said it was and condition of the streets was also taken into consideration. The different options available were reviewed. It was asked if patching could be done without milling. Cara said yes. It was asked if there was an advantage to milling. Cara stated if not doing storm water upgrades it we may not want to. Bids would include sub grade work. The city clerk is to contact Donna Crawford to see when and what would need to be done to apply for CDBG money. Elsie asked if the citizens of Lecompton should have any input on the priority of streets. The council will consider a public meeting. It was noted water rates had not increased for 10 -12 years prior to starting of new upgrades for plant and tower.

Vickie Clark with Mobile Lodge Community Board was present. Vickie informed the council the MLC is for sale and the tenants have first choice to purchase. A statement is needed regarding zoning compliance. Vickie was not sure what information is needed regarding zoning compliance. The council requested the agency requesting the information contact the city attorney. The council requested the city clerk to let the city attorney know they would like for him to submit information that he is comfortable to submit. If the city attorney is not comfortable to do this a representative from MLC agency should be at the July 19 council meeting.

Patrick Leming – not present
Ron Ricley – not present
It was noted two electrical permits were approved by the mayor and issued.

Public Comments: Danny Sanford wanted to know if the threat made against him by the mayor was in the minutes. The City Clerk read what would be placed in the minutes for the July 6, 2010 minutes.
Carl Bahnmaier stated he is still puttering on the clean up on Elmore Street.
Denzil Hackathorn asked the council if they approved of his clean up on Clark Street. All the council stated they were very satisfied with the work that had been done. The council thanked Mr. Hackathorn for the effort he had done for the cleaning up of the property.
Bill Roberts stated the city water meter lid was not completely replaced when the meter was read and Vickie Bahnmaier fell into the meter pit when mowing. Justin apologized and will make sure it is on good in the future.
Paslay property on Halderman – has been mowed
Mark reported he had meet with Mr. Moore regarding drainage ditch on his property on Whitfield. It was noted additional water was now coming from LES parking lot that had been asphalted. There was discussion that the city should not work on private property. In the past the council did not get involved in private property issues. It was recommended the channel could be dug deeper and rock put in. Denzil Hackathorn stated he had recommended Mr. Moore have the council work on the area or put in a 24” tube.

Street repairs: Justin has requested estimates for work on Whitfield, 7th Street and Clark Street and has not received the information at this time. He was asked what companies were contacted; American Asphalt, Bettis and Sunflower paving.
Water Plant: the engineer will be here Thursday or Friday to meet with the contractor regarding the insulation
And chemical feed. Jimmy would like to know when and attend if possible. Phoenix Fabricator’s do not want to fill the tower and take the samples. It is in their bid that this is process is included. Justin is concerned if there are problems with this process it will fall back on the city if he were to do it. The council would like for Justin to contact the city attorney to have Phoenix completed the disinfection.
Vacation: Justin would like to take some time off when the “little one” arrives. He is expected mid-August
Pad: Justin noted there had been a trailer and a four wheeler on the pad and up the adjoining property Saturday night. The council recommended putting up no trespassing signs.
Dump truck bed: The council gives permission to take this in for scrap

Communications: It was reported to the city clerk there is an old truck parked on Halderman Street in front of Volle’s. The windows are knocked out and jagged glass present. There is concern that a child could be injured. The council requested a letter be sent asking the truck be moved from the ditch area onto the property.
Sandy: It was noted Bill Roberts picked up his letter regarding vehicle code violation June 30 and has 10 days to respond or be in compliance. Mr. Roberts stated he would be getting tags.
PC letters: two people had declined to be on PC, others did not respond.
Jennifer noted Bruce Liese is now on the Lawrence-Douglas County Planning Commission.
Acc 14 June pymt: $28.27 not paid toward leak
Old Business: 335 E 7th – has been mowed
Coletta property; contact has been made with the city clerk. Their lawn mower had been stolen. They would try to get it mowed the weekend of July 3/4th. It was noted it rained.
Tim asked how long Justin would be off. Justin replied a couple of days. Tim asked where the 6” figure came from. Justin said BG.
Christy said there was a tree branch in the road/ditch by Maxine Dark’s. Justin said he had just been informed and would get it picked.

9:10 P.M. Jimmy made a motion to adjourn. Jennifer seconded the motion and the vote passed 5 yeas, 0 nays.
Sandy Nichols, City Clerk