REGULAR COUNCIL MEETING
7:00 P.M.
JULY 14, 2008
Mayor Terrence D. Spexarth on Monday, July 14, 2008 at 7:00 p.m, called the regular monthly meeting of the Colwich City
Mayor
Terrence D. Spexarth
Councilmembers Present
Michael Kraus
Stephanie Guy
Julie McLain
Frank Suellentrop
Councilmembers Absent
Virgil Pugh
Staff Present
Mayor Spexarth led the audience, staff and Council in the Pledge of Allegiance.
Mr. Larry Kleeman, Citycode Financial presented the results of the bids taken on the General Obligation Bond issue for the 1st Street and Detention Pond projects with the successful bidder being Commerce Bank with an average interest rate of 4.008%. Mr. Kleeman recommended approval of the Commerce Bank bid and stated that approving the bid was the first step in the issuance of the General Obligation Bonds.
There was discussion regarding the discount's impact on the bidding, the discount providing a profit for the financial institutions and the discount factored into the interest rate bid.
Councilwoman Guy moved that the Council accept the bid from Commerce Bank. Councilwoman McLain second the motion. There was no discussion. Upon a call vote the motion carried 3-0 with Councilman Suellentrop abstaining due to being President of Legacy Bank who was a co-bidder with Banker's Bank.
Mr. Larry Kleeman, Citycode Financial presented Ordinance No. 605 authorizing the issuance of the General Obligation Bonds for the 1st Street and Detention Pond projects. Councilman Suellentrop requested minor changes to the project location description.
Councilman Suellentrop moved that the Council adopt Ordinance No. 605 authorizing the issuance of the bonds as amended. Councilman Kraus second the motion. There was no discussion. Upon a roll call vote the motion carried 4-0 with Councilman Suellentrop voting yea; Councilwoman Guy voting yea; Councilman Kraus voting yea and Councilwoman McLain voting yea.
Mr. Larry Kleeman, Citycode Financial stated the resolution detailed the bonds with the blanks being filled with the interest rate quoted by Commerce Bank. Upon Councilwoman McLain's request Ms. Kim Bell, Gilmore and Bell, reviewed a revised resolution with the blanks filled in using the bid submitted by Commerce Bank.
There was discussion regarding the bonds being term bonds, what term bonds meant to the bondholders and the interest rate based on the length of the bonds. Discussion continued regarding the possibility of Commerce Bank reselling the bonds and the resale having no effect on the City.
Councilwoman McLain moved that the Council approve Resolution No. 433. Councilwoman Guy second the motion. There was no discussion. Upon a call vote the motion carried 4-0.
Mr. Larry Kleeman, Citycode Financial, reminded the Council of their approving the Third Street project, the City paying the cost of improvements with repayment included in the General Obligation Bond issue for the Union and Colorado Ave. project scheduled for December. He stated that the repayment of the three projects would be by special assessment to the benefit districts and detailed a timeline for assessing specials to Sedgwick County for collection in 2009.
Mr. Kleeman stated that the advantages to beginning the assessment proceedings was to keep the property owners from paying an additional year's interest on the temporary note issue resulting in a higher monthly assessment. He detailed the cost of each project, the estimated monthly assessment, and requested that the Council set a public hearing on August 11, 2008 to receive oral and written objections to the proposed assessments and direct staff to mail and publish notices.
Mr. Kleeman stated that under normal circumstances the process would wait until the projects were completed, but after discussing the matter with Bond Counsel and the City Engineer, change orders appeared to be minor and moving forward appropriate. He stated that worse case scenario would be to have to repeat the process and payment of the temporary notes delayed for a year.
Councilwoman Guy moved that the Council approve the statement of final costs and proposed assessments for the Union, Colorado and Third Streets, and set the public hearing for August 11, 2008 for the proposed assessments. Councilwoman McLain second the motion.
Discussion followed. Councilman Kraus questioned why a public hearing was needed as there was approval from the benefit districts. Mr. Kleeman stated that State law required the public hearing. Councilwoman McLain questioned the original amount of the projected assessment. Ms. Brooks stated that she recalled the monthly projected assessment estimated at $57 per month. Councilwoman Guy expressed concern that change orders may occur. Mr. Kleeman stated that there may be enough financing to account for small change orders and worse case scenario would be to have to repeat the process.
There being no further discussion, upon a call vote the motion carried 4-0.
This item was included in action item D.
Mayor Spexarth requested item F be moved to the City Attorney's report.
Mayor Spexarth called to order Agenda item 1-G on Case No. Z-08-01 stating the hearing was for a request to change the zoning for property located in the C-2 Central Business District to the R-1 Single Family Residential District. Mayor Spexarth questioned if any of the Council members intended to disqualify themselves from discussing or voting on the case because they had conflicts of interest or a particular bias on the matter. Hearing none, Mayor Spexarth instructed that the minutes reflect that there were no disqualifications and that a quorum of four (4) was present for the consideration of the case.
Mayor Spexarth questioned if the City Clerk had received any protest petitions. Ms. Brooks stated that she had received no protest petitions.
Mayor Spexarth questioned if the Councilmembers had received copies of the unapproved minutes of the Planning Commission meeting for May 27, 2008 summarizing the hearing on the case. All Councilmembers acknowledged receiving copies of the unapproved minutes.
Mayor Spexarth asked the applicants if they felt they received a fair and impartial hearing. Mr. Dennis Wetta, Attorney for Tracey Fox and Mr. Keiter's client Kathleen Bateson, responded that the applicants felt they had a fair and impartial hearing. Mayor Spexarth stated that after the Zoning Administrator's report that he would ask the applicant if there was any new information concerning the case that they would like to share. Mr. Wetta stated that the only new information was that he was working with the Simon family to apply for the rezoning of the house directly west of the Bateson property from the C-2 Central Business District to the R-1 Single Family Residential District.
Mayor Spexarth called upon Diana Brooks, Zoning Administrator to provide the Council with a report on the case and the recommendation from the Planning Commission. Ms. Brooks reminded the Council that the Bateson's request was to remove their property, located on the western border of the C-2 Central Business District, and rezone it to the R-1 Single Family Residential District. She stated that granting a non-conforming use in the C-2 Central Business District was not satisfactory due to the financing requirements set forth by Ms. Fox's mortgage company.
Ms. Brooks detailed the zoning of the surrounding properties and presented the Planning Commission's recommendation to approve the change in zoning.
Mayor Spexarth questioned if the applicant wished to make any further comments. Mr. Wetta declined any additional comments. Mayor Spexarth asked if there were questions from the Councilmembers.
There was discussion regarding the Kraus property across the street from the Bateson's being zoned R-1 Single Family Residential and the Simon's completed application not yet submitted for consideration by the Planning Commission.
Mayor Spexarth questioned if anyone from the public wished to address the Council. There were no public comments.
Hearing no public comments Mayor Spexarth outlined the choices under the State Statutes for Council consideration.
There was discussion regarding the property being an island zone in the C-2 Central Business District, the non-conforming use clause clarified, the Simon application expected by the end of July, the need to maintain the integrity of the downtown business district, and the recommended change being inconsistent with the factors, findings and comprehensive plan.
Mr. Wetta detailed the size of area for removal from the C-2 Central Business District once both properties were removed and the island zoning being a temporary situation until the Planning Commission took action on the Simon application.
There was discussion regarding the summary minutes being unclear as to the reasons the Planning Commission made their recommendation for approval, the possibility of the people living in the C-2 Central Business District who previously requested a zoning change reapplying, and the need to protect the existing district.
Ms. Tracey Fox stated that even though the structure was used as a business it remained unaltered from its residential use, that the financing of the home was in jeopardy if the rezoning did not occur and the unlikely possibility of the property being used for anything other than a residential dwelling.
Mr. Wetta informed the Council that if they tabled the application it would jeopardize financing and interest rates for the buyer of the property and requested that the Council take favorable action on the application.
There was discussion regarding the timelines for the meetings to review and approve the Simon application, the costs associated with the calling of a special meeting, the publication requirements and processes needed to adhere to State Statutes.
Councilman Suellentrop moved that the Council override the Planning Commission's recommendation and disapprove Case No. Z-08-01 based on factor 11 which stated that the property was suitable for the current zoning to which it had been restricted; factor 13 which stated the change in zoning as requested would not be consistent with the purpose of the zoning district classification; and factor 14 which stated that the request for the zoning change was not in conformance with the Comprehensive Plan. The motion died for lack of second.
Councilwoman McLain moved that the Council by a majority vote table Case No. Z-08-01 until the Simon application was properly filed and accepted by the City Clerk and returned to the City Council either at a regular or a special meeting at the applicant's expense. Councilwoman Guy second the motion. There was no discussion. Upon a call vote the motion was denied 2-3 with Councilwoman McLain and Councilwoman Guy voting yea, Councilman Kraus, and Councilman Suellentrop voting nay with Mayor Spexarth breaking the tie by casting a vote of nay.
Councilman Kraus moved that the Council approve Case No. Z-08-01 and uphold the Planning Commission's recommendation and adopt Ordinance No. 606. Councilwoman Guy second the motion. There was no discussion. Upon a call vote the motion carried 3-2 with Councilman Suellentrop voting nay, Councilwoman Guy voting yea, Councilwoman McLain voting nay, Councilman Kraus voting yea and Mayor Spexarth breaking the tie by casting a vote of yea.
Mayor Spexarth thanked everyone for participating in the hearing and stated that persons aggrieved by the final decision of the Council had 30 days after the effectuating ordinance was published to appeal the decision to District Court.
Mr. Brian Boutwell, City Engineer, presented his monthly report. He reported that the Wichita Ave. project was substantially complete with minor cleanup needed. Mr. Boutwell stated that Nowak Construction began installing storm sewer inlets on Union and Colorado Ave. He questioned the approval of Third Street and stated he would notify LaFarge of its addition to the project.
Mr. Boutwell reminded the Council of the area inlet at the corner of 1st Street in the south ditch of Union Ave. He explained that the removal of the ditch would eliminate the need for the inlet. There was discussion regarding the functionality of the inlet and it was decided to have a cover placed over the inlet rather than spend $3,500 to raise it.
Mr. Boutwell reported that the Hike and Bike path project had begun with the alignment of the path staked and Barkley Construction scheduled to begin work on Wednesday. There was discussion on the placement of the excess dirt with the suggestion of contacting Gene Weninger, Nick Seiwert, or Bruce Seiler or taking the excess dirt to make the berms designed by the landscape architect and prepare for the planting of the trees growing behind the Fire Station. Councilman Suellentrop expressed concerns regarding the building of the berms without a grading elevation plan. Mr. Boutwell stated Barkley Construction questioned if the pavement should be thicker to support vehicles driving on top of the path to prevent breakage. The consensus of the Council was not to increase the thickness of the pavement.
Mr. Boutwell reported that water lines on Crocker Ave. had been moved and the project was scheduled for bid letting in January. Ms. Brooks stated that the process of selecting an inspection firm with a recommendation sent to KDOT for approval had a September completion date to meet KDOT requirements. She stated that the Committee was the City Clerk, Maintenance Superintendent, and Street Council person and questioned if Councilman Kraus wanted to take part in the process.
Councilman Kraus questioned the warranty on Wichita Ave. and detailed the work that was done to repair weak spots in the base layers on certain portions of the improvement. Mr. Boutwell stated that the street had a warranty of one year expiring after the harvest period in 2009.
Mr. Boutwell stated that LaFarge had declined to bid on 2nd Street without a set of plans as they felt that they could not give an accurate bid due to the drainage issues on the north end of 2nd Street.
Mayor Spexarth questioned if Bergkamp cleaned the gutters along 1st Street. Mr. Boutwell stated that the inspector had signed off the job and indicated that there was an attempt to clean the gutters. Mr. Boutwell stated he would check to see if this had been accomplished.
Mayor Spexarth questioned the resetting of the survey posts on Wichita Ave. Mr. Boutwell stated that LaFarge would have to reset them based upon the notes of their project stakers.
Councilman Suellentrop requested Mr. Boutwell develop a scheduling system for each project detailing each phase, anticipated project completion dates and to assist the Council in holding the engineering firm accountable for moving the projects forward. Mr. Boutwell stated he would develop the schedule as requested and detailed the utility delays on the Union and Colorado Ave. projects. There was discussion regarding the challenges that faced the Wichita Ave. project being weather, harvest, and availability of the subcontractor to do the project.
Mayor Spexarth questioned if there was an inspector on the Union and Colorado Ave. project. Mr. Boutwell stated that Ken Tompkins was the inspector on site.
Mr. Lee Parker, City Attorney, informed the Council that the sewer plant property could not be transferred by a quit claim deed due to the restrictions placed on the transaction. He explained the difference between a quit claim and warranty deed. Council indicated that there were no restrictions on the property.
There was discussion regarding the Hemmen's being able to access to the old sewer plant property from their adjoining property, and the restricting of the access to the old sewer plant property with a chain, posts, and a pad lock with the City and Mr. Hemmen having keys.
Mr. Lee Parker, City Attorney presented Ordinance No. 607 an ordinance amending the City park hours of operation, swimming, boating, wading, ice skating and use of a vessel.
Councilman Suellentrop questioned if the ordinance was to be inclusive of all city parks or for a specified park area such as the park with the tennis courts or disc golf.
Councilwoman McLain moved that the Council adopt Ordinance No. 607. Councilwoman Guy second the motion.
Discussion followed. Councilwoman Guy questioned the closing hour of the parks. Chief Hinkle recommended moving the closing hour to 10:00 or 11:00 p.m. There was a consensus of the Council that the park should close at 11:00 p.m. and that the exception should read "except for special events as approved by the City offices."
Councilwoman McLain amended her motion to: that the Council adopt Ordinance No. 607 with the park be closed between the hours of 11:00 p.m. and 5:00 a.m. and "special events as approved by the City offices". Councilwoman Guy second the amended motion. There was no discussion. Upon a roll call vote the motion carried 3-1 with Councilman Suellentrop nay; Councilwoman Guy voting yea; Councilman Kraus voting yea and Councilwoman McLain voting yea.
Councilman Kraus questioned the City Clerk about the status of his request for an animal defecation ordinance. Mayor Spexarth stated that the City Clerk forwarded Councilman Kraus' request to him and he decided to wait before having Mr. Parker or Ms. Brown write an ordinance to discuss the matter with the Council.
Councilman Kraus requested an ordinance regarding animal defecation setting a fine targeting people who purposely walk their dogs allowing them to defecate on somebody's yard and the homeowner having to clean up the defecation. He stated that he understood it would be difficult to enforce, but if passed he would have a document to give to the pet owner showing this practice should not be done.
There was discussion regarding the enforceability of the ordinance, the surrounding communities not having this type of ordinance, and notifying pet owners through the City newsletter that the situation was being reviewed.
Councilman Kraus requested minor changes to the minutes of June 9, 2008 clarifying the discussion on page 10 in paragraph two by adding the word "winning" to line 13 after the words "ending up" and on page 13 under item A changing the word "mowing" to "farming".
Councilman Suellentrop moved that the Council approve the Consent Agenda A-E as amended. Councilman Kraus second the motion. There was no discussion. Upon a call vote the motion carried 4-0.
Councilman Kraus stated that the Maintenance Superintendent had taken him on a tour of City properties. He informed the Council of problems with the chlorinators expressing support for a liquid chlorination system. He expressed support for looking at repairing and rebuilding the lift station pumps.
Councilman Kraus requested $200 to allow Mr. Martin to purchase a rubber apron and new pad locks that had not been changed since Joe Mertes was employed.
Councilman Kraus moved that the Council approve $200 for the purchase of new locks and a rubberized apron and gloves to put at the pump house and locks to change on all lift stations. Councilwoman Guy second the motion. There was no discussion. Upon a call vote the motion carried 4-0.
Mr. James Martin, Maintenance Superintendent, presented the monthly report. Councilwoman McLain questioned if Mr. Martin called anyone to look at the lift station pump that was experiencing prime loss. Mr. Martin stated he had and the company thought they had the pump repaired, and detailed the work performed. Councilman Kraus questioned Council's direction on getting prices for replacement pumps. Councilwoman McLain stated that it would be dependent upon budget. Ms. Brooks stated this would be an allowable expenditure from the sewer reserve fund.
There was discussion regarding the need for one or two pumps, the replacing of the tubing and seals, and the challenges of working on the base. Mayor Spexarth suggested getting price quotes for replacement pumps.
There was discussion regarding the age of the Cedar Crest addition, the flow from the ICM property into the 1st Street lift station versus the gravity flow manhole, and the use of the 1st Street lift station by the Union Park Addition.
The consensus was to have Mr. Martin obtain prices for pumps to determine the cost for budget purposes.
Councilwoman McLain questioned the mowing rotation for City properties. Mr. Martin stated all City properties were mowed once a week as weather allowed. Councilwoman McLain suggested reducing mowing to cut overtime. Mr. Martin stated that due to the amount of rain the need to mow had been greater, but usually at this time of year the mowing reduced due to lack of rain. Mr. Martin detailed the mowing of the lagoons, disc golf, and the east City park. Mayor Spexarth stated that the property looked nice the way they were mowing now and when the rain slowed down the growth would decrease.
Ms. Brooks asked that the City Building property be watered on a consistent basis so that the City building property does not look like the worse property on the block. There was discussion regarding the challenges with the sprinkler system at the City Building.
Councilman Kraus questioned if the lagoon plug had been removed. Mr. Martin stated that it would be done on Tuesday.
Councilwoman McLain requested to reduce the time for Splash in the Park. It was decided to reduce the time to an hour on Wednesdays and an hour and a half on Mondays and Fridays to reduce the amount of standing water and mud for the Farmer's Market.
Councilwoman McLain reported that the Sunflower Foundation web site showed the City awarded the grant for the walking trail along 53rd Street connecting to the KDOT path. The matching funds were detailed and the City's portion coming from the Park Site Development Reserve Fund.
Ms. Nancy Maus, Library Director, presented her monthly report. Mayor Spexarth questioned the costs for the upkeep of the air conditioner and if there were two compressors. Ms. Brooks stated that she had not had a bill this year for the annual inspection. Ms. Maus stated there were two units and the Council should consider moving the units to the east side of the building when needed to be replaced.
Councilwoman Guy questioned the attendance at the summer reading program. Ms. Maus stated that attendance was down but felt it was due to school starting earlier.
Councilman Kraus questioned if the Library had wind damage from the severe storm after the last Council meeting. Ms. Maus stated that the copula blew off but the Maintenance Department replaced it at little or no cost. Councilman Kraus questioned if the roof needed to be repaired. Mr. Martin stated that he did not observe any shingles missing and would inspect the roof.
Councilwoman Guy reported that the attendance was down for the garden tour and that she was working on a senior housing survey that she would present next month.
Councilman Suellentrop reported that he met with Dan Peters at the Renwick District Office to find out what their plans were for construction of the school and to see if there was a resolution with the Colwich Baseball Club. He stated he met with the Colwich Baseball Club to talk about their goals and objectives and figure out what they would like to have in terms of the replacement fields. He stated he was not sure if he made any progress, as there was a lot of distrust and emotions involved in this topic.
Councilman Suellentrop stated he met with a developer to review different options for areas to develop and he was trying to contact another one or two to see if they had any interest.
Mayor Spexarth questioned if Mr. Kelsey was contacted to improve the northside of Union Park. Councilman Suellentrop stated Mr. Kelsey indicated he was not going to do anything until Abengoa settled their zoning issue. Mayor Spexarth questioned if Councilman Suellentrop had contacted Mr. Kumpe. Councilman Suellentrop stated he had not and would.
Councilwoman McLain questioned if the sidewalk along Union Park Addition should have been included in the special assessments with the original requirements of the plat. Councilman Suellentrop stated that Mr. Kelsey agreed to the concept with nothing mandating the sidewalk be installed. Ms. Brooks stated that Mr. Kelsey filed a petition with the Register of Deeds and agreed to installing a sidewalk. She stated research was done and because where the trees were planted, the Council decided not to pursue installing the sidewalk.
Councilwoman McLain suggested putting in the sidewalk to get residents to the sidewalk south on 1st Street to prevent children from riding bicycles or walking in the street. Mayor Spexarth questioned if there were plans anywhere to show the location of the sidewalk. Ms. Brooks stated she would have to review the plat.
There was discussion regarding the methods for constructing the sidewalk, the trees being planted on top of the water lines, the City Council at the time choosing the trees over the sidewalk, and the tying on to the sidewalk system in the area.
Councilwoman Guy questioned if Councilman Suellentrop had results from his survey. Councilman Suellentrop stated the survey did not go out when he anticipated and response was minimal.
1. Fire Department
Fire Chief Brad Banz presented the monthly report, monthly run report, on-call schedule report, and training hour report. He requested to purchase 10 new Motorola Advisor pagers at a cost of $137 per pager for a cost of $1,370.
There was discussion regarding the inability to repair the current pagers, firefighters having difficulty receiving pages, the expenditure taken from the Law/Fire Reserve Fund and the number of pagers issued to City staff and volunteers.
Councilwoman Guy moved that the Council approve $1,370 for 10 new Motorola Advisory 2 pagers. Councilman Kraus second the motion.
Discussion followed. Councilman Suellentrop questioned if there were additional pagers to purchase. Chief Banz stated that there were additional pagers to purchase and detailed each departments pager count and anticipated replacement figures.
There being no further discussion, upon a call vote the motion carried 4-0.
Chief Banz reminded the Council that last year in the budget funds were designated for some type of live fire training building. He stated that many of the departments providing this training use large shipping containers and he provided information from a company in Kansas who offered a 40' x 8'6" container for $1,975.
Councilwoman McLain questioned if Chief Banz had investigated the company on Kellogg. Chief Banz stated that the cost was approximately $3,000 or $4,000 higher than the company in Kansas City.
Councilwoman Guy questioned how the container would be brought to Colwich. Chief Banz stated that he sent an email to ICM asking for ideas for the most economical way to ship the container. He stated that he also asked if the City could use their crews to unload the container as they had the equipment to handle the container.
Councilman Kraus questioned where the container would be placed. Chief Banz stated on the north side of the fire station. Councilman Kraus questioned if it would go on a concrete pad. Chief Banz stated that he would propose a dirt pad from the excess dirt at the east City Park.
Chief Banz stated he did not know what the cost was for shipping the container from Kansas City. There was discussion regarding the cost of shipping, the container being steel, modifications made to simulate interior fire fighting, surrounding communities not having this type of equipment, and the ability to have training for all the communities.
Mayor Spexarth requested that Chief Banz obtain costs for shipping the container. Councilman Kraus questioned how often the container would be used. Chief Banz stated that they would use it as often as they could.
Councilman Suellentrop questioned whether the Zoning Regulations allowed this scenario. Ms. Brooks and Mr. Parker stated that the regulations would have to be reviewed and possibly permissible under a special use permit.
There was discussion regarding the placing of the container in the business district, the container being placed at the disc golf area after being brought up out of the flood plain, and opinions solicited from the business owners and residents in the area regarding having this situation in the C-2 Central Business District.
Councilwoman Guy questioned the mandatory on-call provision. Chief Banz stated that attendance was mandatory. Councilwoman McLain questioned if there was a new volunteer and clarified he was from Maize. Chief Banz stated that the new volunteer was Tyler Booth and that he was from Maize and showed interest in taking an EMT class. Ms. Brooks questioned if Mr. Booth had passed the background checks. Mayor Spexarth asked that Chief Banz verify that Mr. Booth had passed the background checks and return with approval in August
2. Administration
Mayor Spexarth stated that Jim Costello, project coordinator for Hutton Construction overseeing the church project was asking for 10 ft of 5th Street for a staging area or completely shutting off 5th Street from Kansas to Chicago in front of the park for a period of one year.
There was discussion regarding the route children would take to walk to school, the nursing home not being torn down until renovations had been completed, and the moving of supplies from the area behind the rectory being costly for the contractors.
There was continued discussion regarding the heavy trucks and supplies impacting the integrity of the street, the staging of the construction and paving of the area behind the rectory to meet the parking requirements per the Zoning Regulations, and the advantages of shutting down the street for traffic safety.
Discussion continued regarding the hazard in making 5th Street one-way traffic going north with diagonal parking, pedestrian traffic walking in the street, and the contractor being responsible for making the necessary repairs to the street if the street was damaged.
Councilman Suellentrop moved that the Council allow them to close 5th Street for the period of the construction to be agree upon with the expectation that if there is any damage to the street then it would be their responsibility to make the necessary repairs. Councilman Kraus second the motion. There was no discussion. Upon a call vote the motion failed with a vote of 2-3 with Councilman Suellentrop voting yea; Councilman Kraus voting yea, Councilwoman Guy voting nay, Councilwoman McLain voting nay with Mayor Spexarth breaking the tie by casting a vote of nay.
Councilwoman Guy moved that the Council allow the construction company to use 10 feet of the western half of 5th Street from Kansas to the sight triangle on 53rd and provide a concrete barrier for safety.
Councilwoman Guy withdrew her motion.
Councilwoman Guy moved that the Council allow the construction company the use of the southbound lane of the western half for a concrete barrier to be placed just west of the center line and the construction staging area be limited to 10 ft east of the curb from the south side of Kansas to the sight triangle on 53rd. Councilwoman McLain second the motion.
Discussion followed. Councilwoman McLain questioned how safe the concrete barriers were when they were set in the street. Mr. Parker recommended that the motion be revised to have the contractor provide a traffic engineered pedestrian walkway.
Councilwoman Guy withdrew her motion and Councilwoman McLain withdrew her second.
Councilman Kraus moved that the Council close the street between 53rd Street to Kansas with the construction company paying damages to repair the street. Councilman Suellentrop second the motion. There was no discussion. Upon a call vote the motion failed with a vote of 2-3 with Councilman Suellentrop and Councilman Kraus voting yea and Councilwoman Guy and Councilwoman McLain voting nay with Mayor Spexarth breaking the tie by casting a vote of nay.
Mayor Spexarth stated he did not think the road needed to be shut down, parking issues arising due to construction, and fielding of phone calls from people being upset with the roads closed for the construction project for short periods of time.
3. City Clerk
Ms. Brooks informed and reviewed with the Council the schedule of events for the Westar Energy Efficiency event on August 16th from 11:00 a.m. to 1:00 p.m. and requested that the Council members consider assisting in the distribution of the bulbs. She stated that there would be live radio and T.V. coverage and that a system would be developed on how to get people who were not home or wouldn't answer the door the bulbs.
Chief Mark Hinkle presented the monthly report. Chief Hinkle reviewed the use of HRePartners an online application process sponsored through Sedgwick County with approximately 36 entities using the system. He stated there was no cost to the City and requested to be allowed to use HRePartners with the City Clerk maintaining the City's information.
Ms. Brooks stated that the veteran's preference mandate was discussed with Sedgwick County who had not addressed the issue, but explained that when reviewing applications the military flag in the application process would be used to determine if the legislation regarding veteran's needed to be applied. Ms. Brooks stated that she would request that the paper application process continue in order to be customer service oriented for those individuals who walk in and request an application.
Councilwoman Guy clarified that volunteer positions could be placed on the site. Chief Hinkle stated that they could and staff would work with legal counsel to assure that people applying understood that the position was a volunteer position not paid staff.
Councilwoman McLain moved that the Council approve the use of HRePartners.com for electronic job search. Councilman Kraus second the motion. There was no discussion. Upon a call vote the motion carried 4-0.
Councilwoman Guy requested to revisit the church street use.
Councilwoman Guy moved that the Council allow Hutton Construction to use the southbound lane the west half of 5th Street and allow that to be their staging area with the remainder to be the properly constituted pedestrian walkway and for the northbound lane to remain open. Councilwoman McLain second the motion.
Discussion followed. There was clarification made on the area to be considered. Councilwoman Guy moved to add from Kansas to the sight triangle. Councilwoman McLain second the amended motion.
There being no further discussion, Upon a call vote the motion carried 4-0.
There being no further business, Councilwoman Guy moved for adjournment at 11:00 a.m. Councilman Kraus second the motion. There was no discussion. Upon a call vote the motion carried 4-0.
Respectfully submitted
Diana K. Brooks, City Clerk