Cottonwood Falls, Kansas

City Council Meeting Minutes

2008 Third Quarter

The City of Cottonwood Falls began keping minutes online in August of 2008. Minutes before that are maintained in the city offices. We will be working to get all of the minutes from 2008 online.

MINUTES- SPECIAL MEETING-SEPTEMBER 22, 2008

The Special Meeting was called to order by Mayor Dan Riggs at 5:15 PM at the Municipal Building on September 22, 2008, to discuss the Jerry Robinson Settlement.

Those present were Mayor Riggs, Council Members Charles Klamm, Bob Sturms, Buddy Sisson and City Attorney Bill North.

Sturms made a motion for an 8-minute executive session for Confidential Data Relating to Financial Affairs or Trade Secrets of Second Parties, Klamm seconded and motion carried.

Returning to regular session, Klamm made a motion to pay Robinson $5750.00 to settle all legal claims against the city, Sisson seconded and motion carried on all aye votes.

Sturms made a motion to adjourn, Klamm seconded and motion carried.

MINUTES-SEPTEMBER 15, 2008

The regular meeting of the City Council of Cottonwood Falls was held at the USD 284 Conference Room on September 15, 2008 at 7:00 PM.

Those present were Mayor Dan Riggs, Council Members Charles Klamm, Buddy Sisson, Jim Zeiner, Bob Sturms and City Attorney Bill North. Supervisor Ron Lake was absent due to large water leak on Broadway. Council Member Brian Groh was also absent.

President of Council Charles Klamm opened the meeting at 7:00 PM due to the absence of Mayor Riggs.

Zeiner made a motion to approve the minutes of the previous meeting, Sisson seconded and motion carried on all aye votes. Sturms abstained.

Sturms made a motion to approve the minutes of the Special Meeting which was held September 10, 2008, Sisson seconded and motion carried.

Mayor Riggs arrived at this time.

Clerk explained to the Council that Cheryl Jones, who didn't attend, has a list of items that have to be done at the Pool House in order to pass a state inspection for next season.

Larry Matson met with Council requesting Council members visit the next Planning Committee Meeting to give them some guidance. Mayor Riggs stated that Council can make lists of what direction they should go. The next Planning meeting will be October 7, 2008 at 6:30 PM at the City Office. Matson also stated that in the future they would like to invite different entities to their meetings (i.e. school, rec center and churches).

Mr. North stated that the statute of limitations for Sales Tax refund is 3 years instead 2 like was announced previously.

North stated that the City can go ahead and clean up the John Cox residence at 401 Sycamore. He stated that we'll have to run an ad to sell the vehicle. We also need a Resolution stating that we are selling it. North suggested we leave the vehicle setting where it is until it's sold. North will get all the paperwork necessary.

Mayor Riggs discussed the drainage problem at 26 Cedar (Ron Love). Water comes down Cedar, across his yard and into his basement windows. Sturms made a motion to have Lake tear out some curbing so the water will go into the ditch, Sisson seconded and motion carried.

Mayor announced the Planning Grant Meeting will be held October 16, 2008 at the Community Building.

Strums made a motion to approve Resolution 2008-5 (Transportation), Klamm seconded and motion carried.

City Clerk gave Council a copy of a Public Notice for the Chase County Hazard Mitigation Plan Meeting scheduled for September 24, 2008 at the USD 284 Conference Room.

Clerk informed Council that Richard Stackley at 18 Rose Drive would like to have the gravel put back up on the street where snow plows graded it into the ditch.

Deb Zeiner requested barricades or cones marking where digging was done and now there's a big drop off at 616 Union. Clerk will issue a work order.

Sturms made a motion for Clerk to send Larry Pinkston a letter for property that he owns at 121 Elm that has junk, debris and tall grass and weeds, Klamm seconded and motion carried.

Sisson made a motion for a 20-minute executive session for non-elected personnel, Zeiner seconded and motion carried.

Returning to regular session, Zeiner made a motion to pay Lake overtime for the past weekend, Sisson seconded and motion carried. Clerk asked if this was for all the time he was stranded due to flood water. Mayor will confer with Lake on his timesheet.

Zeiner made a motion for a 10-minute executive session for non-elected personnel, Sisson seconded and motion carried.

Returning to regular session, no action was taken.

Discussion was held concerning the Sales Tax Refund. Sisson asked if we could put it on a disc. Sturms made a motion to accept Pool & Wright's offer to do the figures and make up a spread sheet to send to the state, Klamm seconded and motion carried. Clerk did say that there is a total at the end of each resident's page and possibly it won't take Pool & Wright as long to complete this. Mayor will talk with Janis Meyer.

Discussion was tabled concerning either giving or selling the Concession stand at the ball fields to the Rec Commission until we can ask Mr. North.

Zeiner made a motion to approve time sheets, Sisson seconded and motion carried.

Zeiner made a motion to approve overtime, Sisson seconded and motion carried.

Zeiner made a motion to pay bills #16700 to #16758, Klamm seconded and motion carried.

Klamm made a motion to adjourn, Sisson seconded and motion carried.

MINUTES-SEPTEMBER 2, 2008

The regular meeting of the City Council of Cottonwood Falls was held at the USD 284 Conference Room at 7:00 PM on September 2, 2008.

Those present were Mayor Dan Riggs, Council Members Charles Klamm, Buddy Sisson, Jim Zeiner, and City Attorney Bill North. Council Members Brian Groh and Bob Sturms along with Supervisor Ron Lake were absent.

Klamm made a motion to approve the minutes of the previous meeting with an addition to read 6 hours of overtime pay "daily" for the crew working the water plant on weekends or holidays, Sisson seconded and motion carried.

Heide Maggard met with the Council to request Main, Friend and Pearl Streets be blocked off for the parade on September 26, 2008. By consensus Council agreed to this. Clerk suggested Maggard contact the Sheriff's office and let them know about the parade.

Martin Garrison met with Council to discuss an unkept property of Larry Pinkston at 121 Elm. (Tall weeds, appliances, etc. in the yard). Clerk stated that she had spoken with Pinkston that morning about his yard. The matter was tabled until the next meeting to see if Pinkston would clean it up.

Garrison also had a problem with the automated phone system at the Sheriff's office. He questioned why there is a need for the system. Mr. North informed him that the dispatcher has to answer the phone, radio and 911 sometimes at the same time. This system would allow the dispatcher to only have to answer the Sheriff's office and 911. Mayor suggested that Garrison visit with the County Commissioners about this.

Mr. North handed out a rough draft Ordinance for damage done by individuals on water lines, etc. Council will read it and consider passing it at the next meeting.

City Clerk announced that monies taken in from selling scrap iron will be put in the Equipment Reserve Fund. Also stated that she'd had a request that whenever the City is going to sell scrap iron to put it out for bids.

Clerk gave Council a list of Pool repairs that should be done in the fall.

By consensus Council agreed that Terry Porter could purchase 3 or 4 bags of mulch.

Mr. North will check his files on the John Cox dangerous structure at 401 Sycamore. Mayor stated that we need to continue on this and get it completed.

Mayor reminded Council of the Special Meeting called for September 4, at 7:00 PM at the Strong City Office to discuss with BG Consultants about a possible joint water.

Sisson asked about the Concession stand at the Ball fields. North stated that it was built by volunteers in 2 weekends and donated to the City approximately 20 years ago. Sisson wants to get an estimate of repairs. Mayor will talk with Greg Markowitz about the shop class possibly repairing it. North will check about the Rec Commission: (i.e.: who's on it and who's supposed to be on it). The matter was tabled until the next meeting.

Zeiner made a motion to approve time cards, Klamm seconded and motion carried.

Zeiner made a motion to approve overtime, Klamm seconded and motion carried.

Zeiner made a motion to pay bills #16667 to #16699, Klamm seconded and motion carried.

A comment was made that no driftwood has been cut as of yet.

Klamm made a motion to adjourn, Sisson seconded and motion carried.

MINUTES---AUGUST 18, 2008

The regular meeting of the City Council of Cottonwood Falls was held at 7:00 PM on August 18, 2008 at the Municipal Building.

Those present were Mayor Dan Riggs, Council Members Bob Sturms, Jim Zeiner, Charles Klamm. Buddy Sisson, Brian Groh, Supervisor Ron Lake and City Attorney Bill North.

Klamm made a motion to approve the minutes of the previous meeting, Sturms seconded and motion carried.

Sturms made a motion to approve the minutes of the Special Meeting held on August 12, 2008, Klamm seconded and motion carried.

Lake stated APAC Shears finished the street work today.

Klamm made a motion to sell all the old playground equipment and all the other junk metal to the salvage yard in Emporia, Sturms seconded and motion carried. Mayor Riggs stated that some people have shown interest in the old playground equipment.

Lake stated that the crew have been trimming trees and getting streets ready for APAC Shears. Lake asked if anyone knows of any problems with the streets to let him know right away.

By consensus Council approved Lake taking vacation for his daughter's wedding from August 25 through Labor Day.

Sturms stated that the park looks real good especially since the crew removed the old fence around the playground.

Lake informed Council that Scott has poured pads for the drinking fountains at the playground. Sturms told Lake that there is a big hole by the pool house, Lake will check on it.

Lake showed Council a piece of pipe that had been split at Matt Rogers at 105 Oak. Lake stated that we need a written policy that if someone breaks a line they will be charged for it. Others have done it in the past and was not charged, so it wouldn't be fair to start now without a written policy or Ordinance. It is unknown how the pipe split as there were no marks on the pipe. After a lengthy discussion, Mayor Riggs asked Attorney North if he would come up with an Ordinance by the next meeting. North agreed. Don Dick was repairing the line.

Mr. North stated that about 4 years ago the State Statute stated that no sales tax can be collected on water. Clerk will work with North on this matter.

Klamm made a motion to pay an extra $900.00 to Emporia Construction for the sidewalks at Hwy 177 and Union. Mayor had spoken with Mark Miller who informed him that 80,000 lb trucks run across that area and the walks needed to be thicker, Sturms seconded and motion carried.

Sisson made a motion for Mayor Riggs to contact Laura Moore of Pittsburgh State University for a contract that council can look over for her to do the survey for a price of $2000.00, Sturms seconded and motion carried.

Clerk gave Council a listing of when we can use the USD 284 conference room for Council Meetings. The only dates not available until July 2009 were August 18 and October 6 and those meetings will be held at the City Office.

Clerk gave Council a letter from Linda Vanderslice who had concern for a rusted school sign at 5th & Oak. By consensus, Council requested Lake to survey the school area and replace any school sign that is rusted or in bad condition.

Sturms made a motion for a 15- minute executive session for non- elected personnel, Sisson seconded and motion carried.

Returning to regular session, Zeiner made a motion for another 15- minute executive session for non- elected personnel, Sisson seconded and motion carried.

Returning to regular session, Sturms made a motion to give a 50- cent pay increase to employees and to give 6 hours of overtime pay for the crew working the water plant on weekends or holidays, Klamm seconded and motion carried on all aye votes.

Sisson informed Council of the EFM meeting he attended. There will be a public meeting in the future to explain the entire thing.

Sisson also asked about the city repairing or putting a new roof on the concession stand at the ball fields. After discussion, with Mayor Riggs stating that he thought the Rec Commission was to provide maintenance on the building, (the city does own the building) the matter was tabled so the Council can have a chance to look at it before the next meeting.

Sisson stated that he had met with the Commissioners concerning the driftwood at the old River Bridge. The Commissioners want the city to hire someone local and if that don't work to come back to them and they'll see what they can do . Lake stated that Rick Batemon had said he would cut it. The City insurance would cover Batemon. Mayor Riggs said have Batemon do it. Sisson wanted the Commissioners to help with this, as he stated, we all pay county taxes.

Zeiner made a motion to approve time sheets, Sisson seconded and motion carried.

Zeiner made a motion to approve overtime, Sisson seconded and motion carried.

Zeiner made a motion to pay bills #16605 to #16666, Sturms seconded and motion carried.

Sturms made a motion for a 15- minute executive session for Confidential data relating to financial affairs or trade secrets of second parties, Sisson seconded and motion carried.

Returning to regular session, no action was taken.

Zeiner announced the Planning Commission has all members and has had one meeting. Rodney Robison is Chairman, Martin Garrison is Co-Chairman and Jim Zeiner is Secretary. Meetings will be held the 1st Tuesday after the first Council Meeting. They will decide where they will be meeting.

Klamm made a motion to adjourn, Sisson seconded and motion carried.

MINUTES-AUGUST 4, 2008

The regular meeting of the City Council of Cottonwood Falls was held at 7:00 PM on August 4, 2008 at the Municipal Building.

Those present were Mayor Dan Riggs, Council Members Brian Groh, Buddy Sisson, Charles Klamm, Jim Zeiner, Bob Sturms and Supervisor Ron Lake. City Attorney Bill North was absent.

Klamm made a motion to approve the minutes of the previous meeting with changing of check numbers #16414 to #16500 to #16501 to #16535, Sturms seconded and motion carried on all aye votes except Groh who abstained.

Mayor Riggs opened the Budget Hearing at 7:03 PM. City Clerk gave a page with the corrected hearing date to each member. There was a lengthy discussion about lowering the mill levy. Mayor Riggs explained the cash balance which got down to $761.00 in 2003. Mayor commented that the City needs enough money to run for 6 months and if anything had happened during that time, we would have been in serious trouble with a balance that low. The budget showed the mill levy was lowered by 2 mills. Mayor stated that it's better to lower it by a few mills than try to raise it a lot in a few years. Sisson stated that we need to do something with the accumulated money and several members remarked that we are. Sturms stated that we've done 40 streets in the past 2 years and doing additional streets this year. Sisson stated that he'd lived here all his life and the water is still nasty.

Zeiner stated that the Planning Committee could be a big help in the future for long range plans. Klamm made a motion to approve the budget as written, Sturms seconded and motion carried with Groh, Klamm, Sturms and Zeiner voting yes, Sisson voting no.

Martin Garrison met with Council to discuss the Planning Committee. He stated he thinks the committee should have access to the budget. He also stated that we need to have meetings at a larger place as the city office is, and I quote, "this is a damned cramped little room". He stated that people including him have gotten frustrated and left as there wasn't room to sit or even stand. Mayor Riggs stated that he would check out some larger places to meet as Greg Markowitz has stated that we are welcome to use the school office.

Mayor Riggs opened the two bids that were received for sidewalks at Union and K177. The first bid was from John Maddox for $12,700.00. The second bid was from Emporia Construction for $9484.00. Mayor informed Council that he had talked with Mark Miller about the new sidewalk and Miller had told him that 80,000 lb trucks travel across the drive and the concrete there is 1 foot thick. Mayor will talk with the winning bidder as to how much extra it will cost to make the sidewalk 2 inches thicker. Zeiner made a motion to approve the Emporia Construction bid, Sturms seconded and motion carried on all aye votes.

Garrison asked just what the Planning Committee does. Do they just look at zoning and decide whether it needs changed or not. Mayor Riggs stated that they need to look at the city and see what's needed to make businesses want to come here as well as people wanting to build homes here. ( Sidewalks, streets, water, sewer, etc.)

Lake reported that Cunningham Sandblasting has finished sandblasting and painting the tower last Thursday and left it open for the paint to cure. This Thursday they will be back to chlorinate it and button it up.

Lake stated that Monday, August 11, 2008 Shears will be here to start work on 3rd, 4th, Vine, State and Mill streets. They will put down primer that has to set for 24 hours before being driven on. Lake will give Clerk a list of residents to notify.

Lake informed Council that beginning Tuesday, August 5, the Lift Station at the Bio-Diesel Plant will be installed by the crew and Dan's Electric. This will be the 2nd line running to the lift station. Lake won't hook it up until he sees a letter or certificate from the State. Lake tried to explain to council what would happen if there was a spill and ended with Mike Swartz needs to explain it. Swartz had told Lake and the Mayor that a letter or certificate would not be a problem.

Sturms made a motion for Sisson to attend the Mitigation meeting at CCMS on August 6, 2008 representing the city, Klamm seconded and motion carried.

Groh made a motion to approve Playground Insurance at a price of $457.00 for $100,000.00, Sturms seconded and motion carried. Insurance agent Kirk Engle had told the Clerk that this covers everything but earthquakes and floods.

Zeiner made a motion to appoint Jim Adkins to the Planning Committee, Sturms seconded and motion carried.

Clerk informed Council that someone had reported the Pool to the Health Department for selling cooked meat, therefore, since 7/14/2008; the pool has not been able to sell hamburgers, etc. Health Nurse Cheryl Jones has been contacted and is looking into the situation.

Mayor Riggs discussed the Water Survey with Council. He had spoken with Bruce Boettcher and was told Laura Moore in Pittsburg would have a sample of the survey that the City could mail out for an approximate cost of $800.00. A self addressed stamped envelope would be included. Klamm stated that it needs to be 100% of your town that's surveyed. There was a question of what residence means; Deb Zeiner suggested anyone that pays their income tax from their residence. She mentioned the weekend people that don't live here, but own property shouldn't have to be included. Zeiner asked if the people would send them back. Klamm stated that a 10% return is good according to stastics. It was decided that a cover letter should also be sent with the survey if that's the route that is taken. After a lengthy discussion it was decided by consensus that Mayor Riggs will contact Boettcher to get the lady's name and phone number for the form.

Sisson made a motion that the fence around the West side of the playground be taken out, Klamm seconded and motion carried. Lake informed Council that Jim Redick of the Lions Club has talked about installing white plastic fence.

Klamm started a discussion about someone cutting driftwood at the old River Bridge. It was decided that Sisson would talk with the County about help in accomplishing this.

Zeiner made a motion to approve time cards, Klamm seconded and motion carried.

Zeiner made a motion to approve overtime, Klamm seconded and motion carried.

Zeiner made a motion to pay bills #16536 to #16604, Sisson seconded and motion carried.

Klamm made a motion to adjourn, Sisson seconded and motion carried.