Cottonwood Falls, Kansas

City Council Meeting Minutes

2009 Fourth Quarter

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CITY OF COTTONWOOD FALLS
MEETING MINUTES – December 21, 2009

MINUTES--December 21, 2009 - The City Council of Cottonwood Falls met at 7 p.m. at the USD 284 meeting room. Present were Mayor Mike D. Swartz, council members Buddy Sisson, Brian Groh, Jim Zeiner, Bob Sturms and Adam Turner, Utilities Supervisor Randy Talkington and City Clerk Deb Zeiner.

There were no additions or changes to the agenda.

During the discussion of the minutes of the Dec. 7 meeting, Sturms asked about the status of the altitude valve. Swartz explained the reason for not installing the valve.

Sturms asked about the Utilities Supervisior reporting only to the Mayor. Swartz explained that it is not his intention to prevent the council from talking to the crew or Talkington with this policy.

Visitor Howard Simpson presented a list of items the Volunteer Fire Department needs to purchase.

Following a discussion in which Swartz suggested getting quotes from as many Cottonwood Falls vendors as possible, Groh made a motion that Simpson be permitted to purchase as much of the equipment on the list locally in Cottonwood Falls, with the remaining equipment purchased from Clark’s in Strong City or distributors. The motion included purchasing a new light bar and repairing the doors where the trucks are stored for $350 and a recommendation that foam be purchased in 55 gallon containers.

Zeiner seconded the motion, which carried 5/0.

Carl Studer met with Council to ask if the city would purchase the newest edition of the International Residential Code book. Groh made a motion to approve the purchase; Zeiner seconded and the motion carried 5/0.

There was no report from the City Attorney.

Mayor Swartz presented the bids received on the city equipment that is for sale. Sturms asked why the bids were opened, saying he is opposed to sealed bids being opened other than at a council meeting. Swartz explained he was afraid to lose the bidders if they had not been notified on Dec. 14.

Sturms said that what had been done the last four years was different. Swartz said that some of the bids received were very reasonable and that he did not want to lose the bids.

Sturms said he would like it noted in the minutes that he was opposed to opening the bids on Dec. 14.

Zeiner suggested that the next time the city undertakes a transaction such as this that Council look at the calendar.

Sturms made a motion that from now on, when sealed bids come in they be opened at Council. Groh seconded. Motion carried 4/0 with 1 abstention.

Swartz moved on to the bids, which were on a list in order from highest to lowest bid. Lucas Koch was the highest bidder on the Daewoo 601 Skid Loader at $6,250; Harley Gerdes Auctions high bidder on the Case 580 Super K backhoe at $9,150.00; Harley Gerdes Auctions high on the John Deere 300D backhoe at $9,150; George G. Hayes high bid on the 1963 Cat 955 track loader at $7,500 and John Maxfield, $376.00 high bid on the Ferguson roller.

Swartz found all bids acceptable with the exception of the $376.00 bid on the Ferguson roller.

After a discussion, Sturms moved to accept the highest bids on all equipment except the Ferguson roller. Zeiner seconded and the motion carried 5/0.

Turner asked about a track loader trailer that was not put on the bid list. Swartz said it was mistakenly omitted and that it is sitting in the junkyard since it is dangerous to use. Zeiner asked if there are titles to the equipment, and Swartz replied there are not, but some do have manuals that will be given to the purchaser.

Swartz told Council that the city needs to set a policy about using personal days during the holidays. He is concerned that the city potentially would not have anyone on the city crew or in the office working. He wants someone working on the crew and in the office on such days as the day after Thanksgiving. Talkington will determine which crew employees may be off. Office employees are to make certain someone is in the office. There must be at least two employees working for the city.

Zeiner said the personnel handbook needs to be revisited and the new policy worked into it.

Clerk Zeiner will work on a proposed policy change for the next meeting.

Utility Supervisor Talkington reported on city crew activity. The crew has replaced a fire hydrant, read meters, located a leak, worked on cleaning out the city shop, cleaned the truck and helped contractors replace a water heater at the water plant.

Talkington and Ricky Batemon attended water school in Emporia. Talkington is going to study the book at home and is having a sample test sent to him so he can study for the test. Swartz said it may be possible for an instructor to come to Cottonwood Falls to teach Talkington and Batemon.

During the City Clerk’s report, Sisson moved to approve Ordinance 917, setting new rates for city sewer services. Zeiner seconded and the motion carried 5/0.

Then Sisson moved to approve signing a Resolution of Support for a TE grant the Clerk is applying for to construct a ‘Welcome to Cottonwood Falls’ gateway structure of stone along Highway 177 in Bates Grove Park.

Turner seconded the motion which carried 5/0.

There was no Staff Policy and Relations, Utilities or Street, Alley & Property Committee reports. During the Parks & Recreation Committee report, Sisson showed Council an estimate of $4900 from Luke Koch for construction of an A. E. Titus memorial sign at the corner of Eighth and Airport Road. The sign would be made from quarried stone installed with slab and mortared columns finished with a drystone look. The bid does not include lighting and electrical.

Sisson moved to approve the contract/estimate for construction of the sign pending the approval of the Titus family. Zeiner seconded and the motion carried 5/0.

Zeiner reported the Sidewalk Committee will soon be making a presentation to Council. The Committee requests that Talkington shoot the elevation of the sidewalk from Union and 177 west one block.

During the Economics, Taxation and Finance Committee report councilman Zeiner asked if Council would approve him asking Don Osenbaugh of the LKM to come to a meeting to discuss Worker’s Comp and budgets. By consensus, Council approved.

Sturms thanked Council for coming to the memorial for Marlene and for the donation the city made in her memory.

Groh asked about the discussion at an earlier meeting about having fewer meetings in the winter. Swartz and the clerk explained that doing so would affect the paying and approval of bills and would have to be changed by ordinance, and published, before taking effect and then changed back the same way, and that there was not enough time to do so this winter.

Groh also asked the Mayor if he’d had any time to look on a computer at an equipment sheet he gave him. The Mayor has not had time yet.

Groh moved to approve time cards. Sturms seconded and the motion carried 5/0.

During the discussion of overtime, Groh questioned whether or not Talkington is being paid for Council meetings. Swartz responded that he is. Groh said that at the meeting of Dec. 7, Talkington did not indicate 2 ½ hours overtime for the meeting. Swartz said it would be taken care of.

Groh moved to approve overtime. Zeiner seconded and the motion carried 5/0.

Groh moved to approve bills 18146 to 18187. Zeiner seconded and the motion carried.

The meeting adjourned at approximately 8 p.m.

CITY OF COTTONWOOD FALLS
MEETING MINUTES – December 7, 2009

MINUTES--December 7, 2009 - The City Council of Cottonwood Falls met at 7 p.m. at the USD 284 meeting room. Present were Mayor Mike D. Swartz, council members Buddy Sisson, Brian Groh, Jim Zeiner and Adam Turner, who arrived at 7:05 p.m.; City Attorney William T. North, Utilities Supervisor Randy Talkington and City Clerk Deb Zeiner.

After roll call, Groh moved to approve the minutes of the November 16 meeting. Sisson seconded and the motion carried 3/0 (Turner had not yet arrived at the meeting.) Then Sisson moved to approve the minutes of the Nov. 24 Special Meeting. Zeiner seconded and the motion carried 3/0.

There were no visitors at the meeting.

North reported that Resolution 2009-11 concerning annexation of property at the southern end of the city will be published on Jan. 7, 2010 in the Chase county Leader-News. The Council will hold a public hearing concerning the annexation at the regular meeting scheduled for Jan. 18, 2010.

Swartz asked North if vendors in the city limits who sell cigarette papers are doing so properly, according to state regulations. North replied that they were being sold properly.

Swartz and Sisson asked North about ownership of Airport Road. North said it is his determination that the city owns the street, which was originally a part of the Grandview Addition to the city and never vacated.

Swartz began his Mayor’s Report with a request to move into Executive Session for matters of non-elected personnel for a period of 10 minutes.

Sission moved to do so; Zeiner seconded and the motion to move into Executive Session carried 4/0, from 7:10 to 7:20 p.m.

Upon returning to regular session, Sisson moved to give Earlyne Mercer an additional $.50 performance raise. Groh seconded and the motion carried 4/0.

Then Groh moved to accept a contract with Steve’s Trash Service for a period from Jan 1, 2010 through December, 2010. Turner seconded and the motion carried 4/0.

Next, Turner moved to adopt Ordinance 916, approving the rate increases requested by Steve’s Trash Service. Sisson seconded and the motion carried 4/0.

Council decided to approve purchasing holiday gifts for employees - $50 meat bundles from Strong City Grocery. Sisson moved to approve the gifts; Groh seconded and the motion carried 4/0.

Talkington began his Utilities Supervisor report by presenting a bid from Dan’s Electric for a heater at the water plant. He said he suspected the heater currently at the plant was the original heater for the facility. The bid for a 150,000 BTU overhead heater was $2,224.00.

Sisson moved to approve the purchase; Groh seconded and the motion carried 4/0.

The city crew has been working on finishing the Swope Park sign, putting millings on Oak from Sixth to Eighth Streets, making man hole risers, sweeping downtown, sandblasting the pool, burying the altitude valve hole, grading Airport Road, working at the burn site, hauling limbs, cleaning ditches and other jobs. He also reported that trucks at the Dollar General site had driven over the clean outs installed by the city, necessitating their replacement. The crew has also been replacing many lights at the bridge – as many as 50-70 in one night. Someone has been stealing the Christmas lights on the bridge.

Groh asked Talkington when Mulberry Street would be cleaned up. He said he has asked about it at previous meetings.

Swartz replied that all requests from council members about work that needs to be done must be reported to Swartz first, so Talkington does not have to answer to individuals on Council.

Deb Zeiner gave the report of the City Clerk.

The first item on her agenda was to tell Council that a letter of engagement had been received from Aldricy & Company for auditing the year ending Dec. 31, 2009. Sisson moved to approve the letter for preparation of the audit for the year ending Dec. 31, 2009. Zeiner seconded and the motion was carried 4/0.

Zeiner and Council discussed the sewer rate comparison of cities with a population of 1,000 or less. As Council discussed raising rates, North said that 1 mil generates $1 per each $1,000 of assessed value. Zeiner said that the taxes are so high he hoped that if sewer rates were raised the tax rate could be reduced.

Sisson made a motion to raise the sewer rate from a minimum charge of $1.25 to $3.50 for in-town accounts; $4.50 for out-of-town accounts. The $1.25 for each additional 1,000 gallons of usage will remain the same. Turner seconded the motion, which passed 4/0.

Clerk Zeiner will present a new ordinance reflecting the increased rates at the next meeting.

Next, after a discussion of League of Kansas Municipalities membership, Turner made a motion to renew LKM membership, and to provide a subscription to the LKM magazine publication to all Council members as well as North. Sisson seconded the motion, which carried 4/0.

There was no Staff Policy and Relations report.

During the Utilities committee Report, Swartz said the altitude valve was not installed. The unit is being stored at the city shop. Swartz is still negotiating with the manufacturer to either accept the return of the unit or to try to use it in the Interlocal Water Project.

During the Street, Alley and Property report, Zeiner asked if the ditches along Union from 177 to Elm could be cleaned out, allowing better drainage through the area.

Swartz reported that all street projects are on hold until Spring of 2010.

Sission and Zeiner gave a Parks and Recreation Committee report. Sisson had received two estimates on repairs to the shelter houses roofs at Swope Park. Swartz asked for warranty information on material used by each contractor. Sisson will bring additional information to the next meeting.

Swartz gave a pool update. Sandblasting is complete but now the concrete needs to be floated, sealed and epoxied. Long term, overall costs should remain the same on the project, despite increased costs on cement restoration.

Turner said the Sidewalk Committee met on Dec. 6. They are making progress on their project.

There was no Economics, Taxation and Finance report.

Swartz reported that Dollar General will begin stocking the shelves on Dec. 11.

After talking about an idea Groh had for tracking time spent using city equipment, to better allocate time cards, Groh moved to approve time cards. Zeiner seconded and the motion carried 4/0.

Groh moved to pay overtime. Zeiner seconded and the motion carried 4/0.

Groh moved to approve bills #18088 to #18145. Turner seconded and the motion carried 4/0.

At approximately 8:40 p.m., Sisson moved to adjourn. Zeiner seconded and the motion carried 4/0.

CITY OF COTTONWOOD FALLS
MEETING MINUTES – November 16, 2009

MINUTES--November 16, 2009 - The City Council of Cottonwood Falls met on November 16, 2009 at the USD 284 Board Room. In attendance were Mayor Mike Swartz, Council members Brian Groh, Buddy Sisson, Adam Turner and Jim Zeiner, City Attorney Bill North, Utility Supervisor Randy Talkington, and City Clerk Deb Zeiner. Also attending were Carl Studer and Cheri Hopson.

Swartz called the meeting to order at 7 p.m.

Turner moved to set the agenda, with the addition of No. 10 to the City Clerk’s Report. Sisson seconded and the motion carried 4/0.

Groh moved to approve the minutes of the November 2, 2009 meeting. Turner seconded and the motion carried 4/0.

North gave the report of the City Attorney, beginning with the annexation of the airport and 20 acres at the south end of town.

North reported that he now has the legal description of the acreage east of the airport and south of Eighth Street. He presented Council with Resolution 2009-11 concerning “ . . . the annexation pursuant to K.S.A. 12-520 et seq. and acts amendatory thereof.”

North also reminded Council that approval of the annexation will require that the city extend municipal services to the area. Maps of the proposed annexation area should be available for the public to see at City Hall.

North said the Grandview Addition did run along the entire southern edge of the city. There are two properties along the west side of the airport road that are still technically within the city limits. The road was never vacated.

Sisson moved to adopt Resolution 2009-11. Turner seconded and the motion carried 4/0.

(NOTE: The hearing will be held on Jan. 18 during the regular meeting of Council.)

Next, North explained that there has been a proposal to repeal a statute requiring a Judge with a residence and principal office in each county in Kansas. North said it is important that residents of a county have representation and timely access to a court.

Clerk has this Resolution on the agenda for consideration later in the meeting.

Clerk reported that the owner of 409 Cherry has contacted City Hall for a demolition permit for the shed located on the property and that June Morgan has hired someone to mow and weed eat 116 State Street.

Swartz began his Mayor’s Report with a request to go into Executive Session from 7:28 to 7:43 p.m. Sisson moved to do so; Groh seconded and the motion carried 4/0.

Council returned from Executive Session at 7:43 p.m., at which time Turner moved for a $.50/hr. cost of living raise for employees Eddie LeMay, Rick Batemon, Rodney Cotton and Sandy VanBuren and a performance raise of an additional $.50/hr. for Batemon.

Groh seconded and the motion carried 4/0.

Swartz passed out handouts and asked council for permission to purchase a skid steer with attachments, reporting that a BobCat Model S300 with a cab, heat and air, power tilt-tatch, two-speed with a one year warranty for $46,317.00 was the best price and best-equipped model.

John Deere’s bid on a Model 332D was $56,706.64; Cat Model 262C was $60,209.48 and the Bob Cat was $46,317.00.

He said the crew would use the Skid Steer for snow removal, ditch cleaning, sidewalk work and other types of work around town. He asked council to approve a 5-year lease/purchase to own arrangement in which the city would own the equipment outright at the end of the 5-year period, with $2,570.00 down and 4.4 percent interest; an $870.00/month payment – through a local bank.

He also reported that he and Talkington had purchased a backhoe for $51,000 with a 1 year warranty and a double roll packet. It has been delivered.

He asked if Council would consider putting both pieces of equipment on a lease/purchase to keep city money available for moving ahead with the pool project, park renovation, etc.

Swartz went through a financial report he had prepared for Council on the amount of equipment purchases (backhoe $51,070; skid steer $46,312.00 TOTAL $97,382); Pool repairs/improvements (TOTAL $48,228.40); Swope Park (both shelter houses, entrance pillars, etc. $177,110.40) minus equipment that the city could sell (Case backhoe, JD backhoe, skidsteer, cat track loader, track loader trailer and self-propelled roller TOTAL $39,000.00). Total expenditures would be approximately $177,110.40; Total receipts $39,000.00 with a balance due of $138,110.40.

Swartz asked Council to approve the purchase of the skid steer and to consider putting the back hoe in the lease purchase as well.

Groh pointed out that two things – a mill head and a slot cutter - were missing. Swartz said it would be less expensive to simply rent these items when needed, saving the city money.

Sisson said he thinks it is a good plan. He asked if Swartz sees a need for future equipment purchases. Swartz replied that a good mower for ditches will be needed as we re-do ditches and make them deeper. Other than that, he does not feel much more equipment is needed.

Zeiner suggested two separate financings so the city could pay off one should that be a possibility to get a better return on city – financing both items but financing them individually to look at our cash position in the future.

Zeiner moved to finance the Bobcat on a lease/purchase ($46,312.00) and also the backhoe ($51,070.00) on a lease/purchase – on a 5-year, 4.4 percent lease/purchase. Sisson seconded and the motion passed 4/0.

Zeiner asked if this is a true lease/purchase, and Swartz confirmed that it is and that we have the right to pay it off at any time and have ownership at the end.

Zeiner moved to finance the backhoe on a lease/purchase $51,070.00) – on a 5-year, 4.4 percent lease/purchase. Sisson seconded and the motion passed 4/0.

Next, Swartz asked Talkington to describe the proposed ‘remodel’ of a break room at the City Shop. Talkington asked for Council permission to install a shower and make improvements so the crew has a place to clean up and change, if needed. By consensus, Council approved.

Zeiner asked how well the shop is heated. Swartz said there are two large heaters.

Talkington began his Utility Supervisor’s report.

He reported that the crew has been busy installing sewer lines to Dollar General, taking down the Swope Park sign for restoration, working at the water plant, repairing a water leak and hauling millings on several streets in town.

There is a water school coming up in Emporia, offering 10 credit hours. He showed Council a brochure about the school.

Groh asked if manhole risers are ordered. Talkington said they have been on order for a while and will be installed as soon as they arrive. He is expecting a bid from Cunningham’s soon.

Zeiner asked about the status of the altitude valve.

Swartz said he ordered the crew to stop installation of the valve while a determination is made about the speed of the Interlocal Water Project. That project is moving along quicker than expected and Cottonwood Falls may not need the altitude valve in the near future. The valve was custom made for the city, but may be able to be sold to another city or customer. The manufacturer will not accept the return of the valve, even with a restocking fee. Should they have a customer for such a valve, they will take it back.

Zeiner asked how much the city has invested in the project to date. Swartz replied probably $28,000.

Groh wanted to know who on the city crew is certified for running the water plant. Swartz replied that Rodney Cotton is the only one and that he would like Talkington and VanBuren to go to water school to begin to learn about the process. He would like to see that Batemon get his water certification. Talkington will be eligible to become certified when he has been employed with the city for a year. By consensus, Council approved sending Talkington, Batemon and VanBuren to water school.

Talkington said he had received tickets for millings for 200-plus tons. Groh tossed him tickets for 800 tons worth of millings.

Clerk Zeiner gave her report.

First, she asked Council to reapprove Ord. No. 914, Establishing a Swimming Pool Renovation Fund. The ordinance must be reapproved with the addition of exempting the fund from budgeting under K.S.A. 79-2925. Sisson moved to approve the ordinance, Groh seconded and the motion carried 4/0.

Next, Groh moved to approve Ord. 915, establishing new fees for RV Parking in Swope Park. Sisson seconded and the motion carried 4/0.

At the request of Mr. North, Zeiner presented Resolution No. 2009-10, opposing altering or deleting requirements that at least one judge maintain both a residence and principal office in each county in Kansas. Turner moved to approve the resolution. Zeiner seconded and the motion carried 4/0.

Pool & Wright had sent the city a letter of engagement for preparation of the 2011 budget. Zeiner said he would like to see the city work toward preparation of its own budget, or at least more involved. Zeiner asked that Janis help educate the council, not just talking with Council at budget preparation time.

Groh moved to accept the letter of engagement. Zeiner seconded and the motion carried.

Clerk reported that the Rec Commission had submitted a building permit for the construction of the new concession stand at Swope Park. Zeiner moved to approve the permit, waiving the fee. Sisson seconded and the motion carried 4/0.

Kendall Ray Cooper from Derby, KS has applied for a Peddler license, passed the background check by Sheriff Dorneker and needs to be approved by Council.

Sisson asked if Council could pass an Ordinance allowing homeowners to post a ‘Non Peddlers’ sign on their property. North said he supposed the homeowners could post such a sign on their own.

If Cooper sells anything in Cottonwood Falls, he will need to remit sales tax.

Clerk will put a notice on the Peddler’s License about sales tax and a line on the form requiring a sales tax number.

Zeiner moved to approve the license; Groh seconded and the motion carried 4/0.

Steve’s Trash Service had contacted the Clerk to inform Council that they had drafted a new contract with increased fees. Following discussion, Council tabled discussion of the contract until the next meeting.

Council discussed city utility rates. Swartz stated the city should consider raising rates, particularly sewer rates, very soon, suggesting having comparable rates to Strong City. Our sewer rates have been the same for possibly as long as 30 years, North reported.

Council discussed placing an ad in the CCHS yearbook. Following discussion, Zeiner moved to purchase a quarter page ad for $85. Turner seconded and the motion carried 4/0.

Swartz then reported that he was scheduling employee reviews for office staff at 4 p.m. on Nov. 18.

There was no Utilities report.

Groh had questions on the Street, Alley & Property report. His list included:

1. Wanting to put patch on Mulberry and Cedar.

2. Wanting to know who was responsible for street damage on Cedar and when it would be patched.

3. Asking about cleaning curbs and gutters and doing a valley gutter at a home at Maple and Third.

Sisson reported that he had received a bid from John Maddox for the west shelter house, securing the blocks, staining and replacing stone veneer on the building.

Sisson moved to accept Maddox’ bid; Zeiner seconded and the motion carried 4/0.

Sisson asked that the city crew move the grill out of the main shelter house to another location in the park.

Swartz reported that the Rec Commission and other organizations will be helping offset costs of improvements to the swimming pool ($58,228.40).

Sisson moved to approve $58,228.40 in swimming pool improvements; Zeiner seconded and the motion carried 4/0.

Sisson said he has spoken with Luke Koch about a bid on a stone sign at the airport. He also said he would like the city to donate to the Fourth of July fireworks in 2010.

Zeiner said he was concerned about the condition of the T-Building, saying he could see daylight through some of the walls.

Zeiner also reported that the Sidewalk Committee will meet again on Nov. 18 and asked about how reallocation of accounts had influenced the water account in the budget.

Sisson expressed concern about the size of the brush pile at the burn site.

Groh moved to approve time cards; Turner seconded and the motion carried 4/0.

Groh moved to approve overtime; Turner seconded and the motion carried 4/0.

Groh moved to approve bills 18050 – 18088; Sisson seconded and the motion carried 4/0.

The meeting adjourned at approximately 9:40.

CITY OF COTTONWOOD FALLS
MEETING MINUTES – November 2, 2009

MINUTES--November 2, 2009 - The City Council of Cottonwood Falls met at 7 p.m. on November 2, 2009 at the USD 284 office.

In attendance were Mayor Mike D. Swartz, council members Adam Turner, Brian Groh, Jim Zeiner and Buddy Sisson, Utility Supervisor Randy Talkington, City Attorney William North and City Clerk Deb Zeiner.

Groh moved and Zeiner seconded to set the agenda, which was approved 4/0. Then Sisson moved to approve the minutes of the previous meeting. Turner seconded and that motion carried 4/0.

Howard Simpson met with the council.

Simpson reported that the county had donated an old van to the Volunteer Fire Department. The volunteers intend to work on the van this winter and use it to transport equipment to fires. Simpson also said the department needs reflective safety vests for six volunteers.

Simpson asked permission from the city to get the van working. Mayor Swartz requested an itemized list of expenses/needs from Simpson.

Councilman Zeiner asked about the cost of safety vests. Simpson explained that the fire department lacks gear for all of the volunteers. Groh recommended buying equipment in quantity to save money, but Simpson suggested there aren’t enough volunteers to justify quantities of equipment.

Sisson moved to purchase two batteries for the van, an approximate cost of $85 each, and asked that Simpson return to Council with an itemized list of equipment needed and costs involved in working on the van. Turner seconded and the motion carried 4/0.

North presented proposed Resolutions on dangerous structures at 409 Cherry, 421 Friend, 116 State and 348 State.

He reported that the structure at 348 State had been found to be a dangerous structure in the past, but that it contained asbestos and the city had dropped efforts to proceed because it is difficult to find a landfill that will accept material containing asbestos. North will report to Council on how to proceed.

Groh moved to adopted Resolutions 2009-5, 2009-6, 2009-7, and 2009-8 declaring these dangerous structures. Sisson seconded and the motion carried 4/0.

Then North presented the council with a suggested Resolution 2009-9; declaring that properties at 116 State, 409 Cherry and 421 Friend contain weed nuisances.

Sisson moved to adopt Resolution 2009-9. Groh seconded and the motion carried 4/0.

North reported that he will have more information on proposed annexation at the south end of town at the November 16, 2009 meeting.

Swartz and North discussed the Grandview Addition . Swartz said the addition show on a map at the Register of Deeds office shows the entire area platted to Highway 177 and annexed. Some of the area was vacated; some was not.

North will look at the map at the Registrar of Deeds office before the next meeting.

Swartz asked Council permission for the Cottonwood Falls Country Club to use the city back hoe for work days at the golf course. The club has a work day twice a year and would like to use the city front end loader to move sand on the course. Rodney Cotton or Swartz would run the city-owned equipment.

Sisson moved to allow the club to use the equipment twice a year for work days with a city employee or mayor being the only members allowed to operate the equipment.

Zeiner seconded and the motion carried 4/0.

Swartz also said he had met with Marcia Bailey about acquiring more footage at the south end of the runway at the airport. In exchange for land, Bailey would like to have a native stone sign memorializing her grandfather, A. E. Titus, erected at the airport. Mr. Titus donated the land for the airport.

Zeiner and Sisson will solicit bids for such a project.

Swartz discussed separating utilities at Swope Park from those at the swimming pool, to allow a more accurate understanding of pool-related expenses each year. Dan’s Electric and Westar are working together to determine the logistics of putting the swimming pool on a separate meter.

Swartz then suggested that Council go to a once monthly meeting schedule during November, December, January and February. North advised that there would have to be a new ordinance drafted for such a change. Council will discuss this proposal at their next meeting.

Talkington gave his Utility Supervisor’s Report. Since the last meeting, the crew has been busy replacing a water line to the Swift and Roger homes; working on Friend St. prior to paving; spreading millings; unclogging a line at the water plant, readying a sewer line at Dollar General; working on the altitude valve, rolling Fifth Street with millings, working on a light at the airport. He requested permission to purchase a load of sand and asked if it was necessary to have the burn site open in the morning during the winter months.

Swartz said the city should publish a schedule and make signs if the policy is changed. Groh suggested closing the site in December, January and February.

Clerk will publish a notice and make signs stating that the site will be closed except by request during December, January and February.

Prior to the City Clerk’s report, Jim Zeiner asked if the crew could check the ditches along Kaw Street. He said a resident had reported to him that they were filled with trash and difficult to mow.

Clerk Zeiner asked if employees could use vacation, personal or time off without pay on the day after Thanksgiving. Groh responded that he did not want employees to use personal days to take that day off. By consensus, Council agreed that employees could use vacation time or time off without pay that day.

Sisson moved and Groh seconded to accept amended minutes for September 21, 2009. Clerk apologized, saying she had left out a paragraph on page 2. The motion passed 4/0.

Sisson moved to approve Ordinance 914, establishing a Swimming Pool Renovation Fund. Groh seconded and the motion was approved 4/0.

Then Clerk shared results of a City Clerk’s poll she had taken, asking for similarly-sized cities in Kansas to report what they charged for RV camping in their city parks. Swartz suggested raising the Cottonwood Falls rates from $5 per night to $15, citing the improvements that are being made to the park.

Sisson moved to raise the rates to $15; Groh seconded and the motion carried 4/0.

Talkington will number the six pads currently in place at Swope Park.

Clerk reported to Council that Terry Porter had asked to paint the community bulletin board beside the post office. Swartz said to thank Terry, but that the crew would paint the board and frame.

There was no Staff Policy and Relations report.

Sisson reported that the Interlocal Water project committee would meet on Nov. 4 at 7 p.m.

During the Streets Committee report, Groh asked if Talkington could purchase a variety of man hole risers. Swartz said it would be good if the supervisor had the authority to order an inventory to have some on hand. By consensus, Council approved Talkington purchasing such a supply.

Groh also asked about building a shed on the north end of the city shop so patch could be stored there. Swartz said it would be a good idea to have such a building built some place by Spring, but that perhaps the city shop is not the best place as that site may someday be utilized for commercial development.

Talkington will bring an estimate of cost of a structure to the next meeting.

Sisson gave a Parks and Recreation report. He said dirt needs to be placed around the shelter house in Swope Park and that the kiosk in Bates Grove Park needs to be cleaned and power washed.

Swartz reported that he had received an estimate from Maddox for repairs on the newer shelter house in Swope Park for $8500.

Sisson has asked for two bids on a roof on the older shelter house that is being worked on now. He is also looking into grants for parks.

Swartz asked Zeiner and Sisson to bring a proposed plan from the sidewalk committee to the next building.

During a discussion of the 2009 Pool Report, Zeiner said it appears withholding is not being taken from Brenda Wessel’s compensation for profit on concessions. Council would like to know if there is a written contract with her each year. North will determine whether Wessel is considered an independent contractor or seasonal employee.

Guest Martin Garrison asked if he could get some gravel for an alley at Sixth and Oak. Swartz directed Talkington to look at the area in question and determine what to do.

As Council discussed old business, Sisson asked about drainage at Swope Park. Swartz replied that working on the situation is on the crew’s schedule. The ditch at Dollar General is now draining and a cement flume will be installed.

Zeiner asked if a street light discussed at a previous meeting had been fixed. Sturms had volunteered to check into the situation and was not at the meeting to report.

Groh moved to approve time cards. Turner seconded and the motion carried 4/0.

Groh moved to approve overtime. Sisson moved and the motion carried 4/0.

Groh moved to approve bills 18013 through 18049. Sisson seconded and the motion carried 4/0.

Zeiner moved to adjourn at 8:35 p.m. Sisson seconded, the motion carried 4/0 and the meeting was adjourned.

CITY OF COTTONWOOD FALLS
MEETING MINUTES – October 19, 2009

MINUTES--October 19, 2009 - The City Council of Cottonwood Falls met at 7 p.m. on October 19, 2009 at the USD 284 office.

In attendance were Mayor Mike D. Swartz, council members Adam Turner, Bob Sturms, Brian Groh, Jim Zeiner and Buddy Sisson, Utility Supervisor Randy Talkington and City Clerk Deb Zeiner. City Attorney William North was absent.

Following approval of the agenda and minutes of the previous meeting, a Public Hearing on Ord. 913 , Neighborhood Revitalization Plan, was held. Sisson moved to adopt the ordinance; Turner seconded and the motion carried.

Carl Studer met with Council.

Studer proposed reinstating a fall festival like the old Cottonwood Falls Days, with booths in the streets, a car show, barbeque, games, etc. He asked council if they would approve him forming a committee to put it together. By concensus, they agreed.

Swartz suggested working with the Chamber of Commerce. Studer replied there was supposed to have been a meeting at the Chamber that had been cancelled and that he would continue to try to work with them.

Studer also proposed organizing a youth theatre project, with youth between second and sixth grades building sets and presenting a play. The group could ask for donations to help build the set, then charge a minimal admission to recoup the costs. Consensus was that council approved of the potential project.

There was no report from the city attorney who was not in attendance.

After discussing four properties on the Dangerous Structures list – 116 State, 409 Cherry, 421 Friend and 348 State Streets, Council instructed the clerk to ask the city attorney to proceed by sending letters to the property owners.

Swartz gave an update on the Dollar General project, which has been at a standstill the last few days due to drainage issues. The issues have been solved and construction will move ahead now.

Utility Supervisor Talkington reported that:

1. Mill Street is ready for asphalt

2. A new sewer lid has been put down at First and Mulberry

3. A truck has been repaired

4. The pool and facilities have been winterized

5. Risers have been installed on Fourth Street

6. Purchased a pallet of cold mix to try on city streets

7. Repaired a water leak at Dieker’s

8. Helped prep the Swope Park sign for Westar

9. Replaced a water line at Swift’s

10. APAC will begin hauling millings this week

11. The skid steer is broken and would cost $1,068 to repair. Crew will try to make it through the winter with the unit

Sturms asked if there is a proper time to put down millings. Talkington replied that it is better when it is warm. Residents are complaining about streets not being finished. When the millings are delivered, Talkington will ask PJ to bring millings to the areas in question.

Clerk gave the 2009 Community Building Report and then asked permission to attend Set Off training in Wichita on Nov. 10. Council approved.

She reported that the city passed the annual airport review and asked Council for approval on an application for construction of a garage at 101 Maple. The Planning Commission had signed off on the project, but had asked that Council also approve it. By consensus, Council approved and Mayor Swartz signed off on the project.

Sturms reported for the Street, Alley and Property Committee that street improvements are moving along nicely. Swartz requested that work be done on Cedar from Sixth to Eighth and Oak from Sixth to Eighth; Sturms asked for work on Fifth from Locust to Cedar and Mulberry between Sixth and Seventh.

Swartz said all chip/seal work is complete and won’t begin again until Spring. He asked if Council would allow Talkington to prepare Friend Street from the alley to 177, to cut across the bricks to the east and cut out the alley and blacktop from the west side of the alley to 177. He also asked about repaving the entrances to Swope Park. The expenses would still be within the amount allocated in the 2009 streets budget.

Sturms moved to approve the work; Groh seconded and the motion carried 5/0.

Groh suggested that the city should put out bids for street work early in 2010, rather than waiting until Spring or later.

Swartz reported that the plans for the Dollar General project now include an entrance on the north end of the lot and that the city may be asked to install a flume there.

Sisson reported for Parks and Recreation. He said there is a light at the airport that isn’t functioning properly.

Sisson said the shelter house project is progressing and suggested staining the water basins and benches at the park to the match the caps on the building.

There is a shed between the pool and the T-building that is termite-infested. It will be removed after the holidays. Sisson also suggested that the other shelter house in the park will need to be worked on soon. He will obtain bids.

Council discussed the condition of the roof on the shelter house that is being worked on. The metal roof is in bad shape and also needs to be replaced.

Sisson and Swartz had attended a meeting of the Rec Commission. The goal of the city is to have repairs made to the pool by next Spring and hopefully build a new pool house by the end of 2010. It appears the Commission will be willing to help with the project.

The Rec Commission is also moving forward with their project to build a new concession stand with bathroom/shower facilities in the park.

Zeiner asked about separating the utility charges at the pool, citing that it seems unfair to charge the pool for expenses incurred in the park that are not pool related.

Turner reported on Staff & Policy Relations. He had sent Council a copy of a suggested Employee Evaluation form. Swartz said the crew is already utilizing the forms.

In New Business, Zeiner asked if Council would agree to give Carl Studer and his group of volunteers a key to the burn site. He also asked if those in the community who do yard work could have keys.

Swartz replied that the crew is trying to accommodate those professionals.

Zeiner also asked if the sign at the burn site could be changed to indicate it is a burn site and not a dump. Talkington will have a new sign made.

Prior to approving time cards, Zeiner suggested that it is a conflict of interest for him to be the council member to approve time cards, since his spouse is employed as city clerk. Council agreed with Zeiner.

Groh moved to approve time cards; Sturms seconded and the motion carried.

Groh moved to approve 27 total hours of overtime; Sisson seconded and the motion carried.

Zeiner moved to approve bills $17968 to #18012; Groh seconded and the motion carried.

Groh moved to adjourn at 8:30 p.m. Turner seconded and the meeting was adjourned.

CITY OF COTTONWOOD FALLS
MEETING MINUTES – October 6, 2009

MINUTES--October 6, 2009 - The City Council of Cottonwood Falls met at 7 p.m. on October 6, 2009 at the USD 284 office.

In attendance were Mayor Mike D. Swartz, council members Adam Turner, Bob Sturms, Jim Zeiner and Buddy Sisson, Utility Supervisor Randy Talkington and City Clerk Deb Zeiner.

There were no additions to the agenda. Sisson moved to approve the minutes of the Sept. 21 meeting; Sturms seconded and the motion carried.

Elena Rettiger Lincoln, Steve Mermis and Mike Holder representing Chase County Economic Development, Inc. met with council to request that they approve proposed Ordinance 913 , the adoption of a neighborhood revitalization plan.

Sisson moved to adopt the Ordinance; Zeiner seconded and the motion carried 4/0.

The city will hold a public hearing regarding the ordinance on Oct. 19, publish once in the Chase County Leader-News and the ordinance will go in to effect.

Cheryl Jones asked council to sign a Memorandum of Agreement between the Chase County Health Department and the City of Cottonwood Falls. Council agreed by concensus.

City Attorney Bill North was unable to attend the meeting, so Swartz reported that he and North had met to discuss the proposed annexation of property at the south end of Cottonwood Falls.

Swartz said North is preparing a rough draft of a site plan for the annexation, a letter to property owners, etc. that will be presented at the next meeting Oct. 19 for Council’s consideration.

Sturms inquired about costs of annexation. The costs will be attorney fees and survey fees for the site plan.

Utility Supervisor Randy Talkington gave his first report as supervisor.

City crew has been busy draining and cleaning the swimming pool, preparing it for winter; working on water and sewer; repairing and replacing meters, mowing, repairing a winch, removing a tree, sweeping streets, blocking streets for a parade and street work, removing limbs.

Swartz said that crews have also been rebuilding the base on Mill Street and will soon be replacing water lines on Eighth Street.

Sturms asked Talkington if the 800 tons of milling had been delivered. Talkington said that it had not yet been repaired. Talkington also reported that in the future, if millings come in without a weight ticket, the drivers will be asked to have the loads weighed to provide the ticket. In the future, the weight tickets will be built into the price per ton.

Talkington reported on the repairs on Mill Street. Phone lines were less than 2 inches under the road surface, and were cut but not severed when crews worked on the street. Clerk will research to see if the City has an ordinance concerning the depth at which utility lines are required to be buried. (NOTE: 10/9/09 Clerk unable to find any regulations pertaining to depth of utility line burial.)

During the Clerk’s Report, Deb Zeiner asked Turner, Studer and Jim Zeiner to report on their recent attendance at the League of Kansas Municipalities annual conference.

Some of the ideas the group returned with included employee evaluations, exploring web 2.0 organizations such as Facebook and Twitter, (Turner will do this, Zeiner will do the CWF website), creating a logo and slogan for Cottonwood Falls, how to utilize a CIP (Community Improvement Program), and funding for airport runway improvements.

Swartz gave the Mayor’s Report, asking council to read the information Clerk passed out several weeks ago about recommended structures in town to be declared dangerous structures. Clerk and the sheriff had inspected the properties and taken photos. Swartz said council would discuss the properties at the Oct. 19 meeting.

Then Swartz asked Council if they would approve waiving meter charges and the expense of running 75-80 feet of sewer lines and approximately 30’ of water lines to service the Dollar General store under construction at Union and Walnut. No lift station will be required at the property.

Sisson moved to waive the water meter charge as well as connection fees to the building; Sturms seconded and the motion carried 4/0.

Council went into Executive Session from 7:45 – 8:00 p.m. for the purpose of discussing non-elected personnel.

Council returned to regular session at approximately 8:03 p.m. Turner moved to hire Eddie LeMay as a full time employee effective immediately. Sisson seconded and the motion carried 4/0.

Then Turner made a motion to perform performance evaluations and give salary increases to Randy Talkington at 45- and 90-day increments since his date of hire. Sisson seconded and motion carried 4/0.

Turner said Council will review employee salaries prior to the next meeting and arrange to perform evaluations and give salary increases at that time.

Swartz then told council that during the coming winter months, the crew will be cleaning the shop. He said he has someone who is interested in hauling scrap metal away for the city, providing the city with a percentage of the proceeds made from selling the scrap. Talkington is to bring a proposal from this person to the next meeting.

Swartz also said the altitude valve will be installed next week. The valve will need a fence around it. Talkington will solicit prices on the fence. Swartz asked Council for permission to proceed with installation of a fence once the valve is installed. Midland Fence is the local company Swartz said could install the fence. Sturms moved to proceed with the fence; Turner seconded and the motion carried 4/0.

There was no Staff Policy & Relations Committee report.

During the Utilities Committee report, Sisson asked how many residences may be on old water lines. Talkington will schedule to replace the old lines soon.

The Street, Alley and Property report was next. Swartz reported that he had been working with APAC to revise the list of streets they had contracted with the city to repair. Swartz said that the expenses should increase by $3,200 above the already agreed-upon contract price.

Swartz said that Vine from Eighth to Third does not need to be repaired at this time.

He reported that Mill St. from State to Broadway is in need of more work than just chip/seal. Crews are removing the old chip/seal, removing 6-8 inches of base, rebuilding the base, packing the base and finishing with AB3. Then 2 ½ inches of asphalt and asphalt flume will be installed.

He said that Cedar from Union to Fifth will be repaired, not Cedar from Union to Eighth – reducing the cost of repairs by $3,599.78.

Sturms and Swartz reported that Second St. from Maple to Locust has no bottom and that APAC will be cutting the street out so it will hold chip/seal.

Sturms made a motion to approve an additional $3,270.00 above the already-accepted APAC bid. Turner seconded and the motion carried 4/0.

Sturms said a light pole in an alley at Oak and Elm was originally installed at the request of the Sheriff’s Department. The light is not working. Sturms will ask Charlie Davis, Westar, about the light.

Then Sturms reported that the drainage and street work on Sixth Street is complete as are ditches from Fourth to Sixth on Sycamore and Spring from Friend to Main.

Then council discussed the approved brick installation on the bridge and when it would be done.

Sturms said he has a bid for a concrete flue, curb and gutter at $3,390.00. Swartz said another bid is coming.

Sturms also said he has a bid to remove the curb and concrete and replace at the corner of Broadway and Main - $16,190.00. Swartz said additional bids are coming from other contractors.

Randy Talking added that the culvert on Mill Street is in need of repairs and will need attention soon.

Sisson gave a report for the Parks and Recreation Committee. The crew is going to remove and repaire the Swope Park sign. He also asked if the crew could remove T-posts in the east side of the park and asked about the condition of the road on the east side of the ball park. Talkington reported that crews are filling in the holes with fill from the Mill Street project. When they are finished, they will blade the road.

Swartz reported that he has solicited bids for repairing the deck at the swimming pool, as well as for underwater and overhead lights, sandblasting and sealing cracks and repainting the pool and replacement of the pool house on the same footprint as the existing pool house. He is also asking for financial help on repairs from the County, Rec Commission, Strong City, Kaltenbacher Fund and others. He asked the Council to consider approving all repairs but replacing the pool house so repairs can be made prior to next pool season.

During the Economics Committee report, Zeiner said he learned about government surplus auctions at the LKM conference.

Sue Smith invited Council to music at The Emma, which has been nominated as one of the Eight Wonders of Kansas. She said she really wants to win the contest.

Sisson asked about the dumpster at the park by the pool. He said the dumpster is constantly full and an eyesore.

He also asked about the sewer cleaning contract, wondering how long it lasts. Swartz reported that during the most recent cleaning, two plugs were found in the system.

Swartz reported that he has been working with the Rec Commission as they proceed on their concession stand project. He said that septic lines seems to be an issue with the project and that the Rec Commission will be asking for help from the city. It may be possible to hook up the RV pads to sewer lines when the project is undertaken. It will require a pump to lift sewage, but not a lift station. The project should be complete by July 2010.

There was no new or old business.

Zeiner moved to approve time cards; Turner seconded and the motion carried 4/0.

Zeiner moved to approve overtime; Sturms seconded and the motion carried 4/0.

Zeiner moved to approve bills #17913 to 17967. Sisson seconded and the motion carried 4/0.

Swartz moved to adjourn the meeting at 8:35 p.m. Sisson seconded; motion carried 4/0 and the meeting was adjourned.