Official Minutes

January 6, 2010

The Norton City Council met in regular session Wednesday, January 6, 2010, at 5:30 p.m., with Mayor David Corns presiding.  Council members present were Jeff Otter, Donna Foley, Toby Kuhn, Kim Snyder, Roberta Ryan and Joe Leroux.  Others present were Alex Leroux, Erica Bradley, Deena Wente, Chris Frack, Pat Morel, Karen Griffiths, Rob Lawson and Darla Ellis. 

Motion was made by Kim Snyder and seconded by Jeff Otter to approve the December 16, 2009, council minutes.  Vote taken.  Motion carried.

No building permits were presented.

Motion was made by Toby Kuhn and seconded by Roberta Ryan to waive the formal third reading of Ordinance #1594.  Vote taken.  Motion carried.

Motion was made by Toby Kuhn and seconded by Kim Snyder to adopt Ordinance #1594, amending the building codes and adopting the International Building Code, 2006 Edition.  Vote taken.  Motion carried.

Motion was made by Joe Leroux and seconded by Jeff Otter to waive the formal third reading of Ordinance #1595.  Vote taken.  Motion carried.

Motion was made by Joe Leroux and seconded by Roberta Ryan to adopt Ordinance #1595, amending the plumbing codes and adopting the International Plumbing Code, 2006 Edition.  Vote taken.  Motion carried.

Motion was made by Kim Snyder and seconded by Toby Kuhn to waive the formal third reading of Ordinance #1596.  Vote taken.  Motion carried.

Motion was made by Kim Snyder and seconded by Joe Leroux to adopt Ordinance #1596, amending the electrical code and adopting the National Electrical Code, 2008 Edition.  Vote taken.  Motion carried.

Karen Griffiths stated she originally prepared Ordinance #1597 to repeal the Dangerous and Unfit Structures and the Minimum Housing Codes.  However, while working on the codification, she realized that the Dangerous and Unfit Structures Code mirrors the state statute, and so she does not want the City to repeal it.  Motion was made by Toby Kuhn and seconded by Roberta Ryan to amend Ordinance #1597, repealing Article 5, but not Article 4 of Chapter 4 in the City Code.  Vote taken.  Motion carried.

Motion was made by Toby Kuhn and seconded by Kim Snyder to waive the formal third reading of Ordinance #1597.  Vote taken.  Motion carried.

Motion was made by Toby Kuhn and seconded by Kim Snyder to adopt Ordinance #1597, repealing Section 4-501 through 4-504 as they relate to the Minimum Housing Code, and adopting the International Property Maintenance Code, 2006 Edition.  Vote taken.  Motion carried.

Motion was made by Jeff Otter and seconded by Kim Snyder to waive the formal third reading of Ordinance #1598.  Vote taken.  Motion carried.

Motion was made by Jeff Otter and seconded by Kim Snyder to adopt Ordinance #1598, amending the fire code and adopting the International Fire Code, 2006 Edition.  Vote taken.  Motion carried.

Mayor Corns reported the city sales tax receipts collected in December of 2009 totaled $17,037.47, and the county sales tax receipts totaled $12,522.97, for a total of $29,560.44.  The 2009 year to date sales tax receipts total $425,283.99.  This is approximately $43,500 less than last year’s year to date total.  Rob Lawson stated the County has also seen a decline in their sales tax revenues.

Karen Griffiths stated she has been working on the re-codification of the City Code.  She also reported John McClymont told her he will be filing a claim with the City and County regarding the individual who fell during the 2009 Norton County fair in Elmwood Park.

Rob Lawson stated Downey Drilling is about 90% done with the well field project and has submitted Application #2 for Payment for the work that has been done to date.  Motion was made by Toby Kuhn and seconded by Joe Leroux to approve Application #2 for payment of $107,877.51 to Downey Drilling, Inc. for work accomplished to date on the well field project.  Vote taken.  Motion carried.

Jeff Otter stated the Public Safety Committee met and discussed updating the Uniform Traffic Control Devices Manual.  The 1986 Edition is currently being used, and the Committee asked the Police Chief to research the cost of updating this manual. 

Jeff Otter stated the Public Safety Committee also discussed the new patrol car which is budgeted for in 2010.  He stated the committee discussed whether it would be better to get a new patrol car, or get a used 4-wheel drive vehicle.  Motion was made by Jeff Otter and seconded by Joe Leroux to have the Police Chief get bids for a used 4-wheel drive vehicle.  Motion was amended with permission of the second to have the Police Chief get prices for 4-wheel drive vehicles that would be available locally.  Vote taken.  Motion carried.

Motion was made by Jeff Otter and seconded by Joe Leroux to have the Police Chief get bids from three suppliers for 6 handheld radios.  Vote taken.  Motion carried.

Jeff Otter stated the Public Safety Committee discussed a complaint from an individual who received a warning, reminding them of the 48 hour parking ordinance on city streets.  Otter stated this has been discussed before and no action will be taken.  He stated they also discussed a complaint received from an individual who was upset that they had received a door hanger, reminding them of the snow and ice removal ordinance.  No action will be taken regarding this matter either.

Motion was made by Toby Kuhn and seconded by Kim Snyder to adopt Resolution #1-2010, waiving the annual requirement of generally accepted accounting principles and fixed asset accounting for the calendar year ending December 31, 2010.  Vote taken.  Motion carried.

Motion was made by Toby Kuhn and seconded by Kim Snyder to adopt Resolution #2-2010, adopting the annual salaries for certain city employees of the City of Norton.  Vote taken.  Motion carried.

Toby Kuhn thanked Karen Griffiths, Rob Lawson, Jeff Wolf and Darla Ellis for their work on the re-codification.  He also stated Economic Development would like to invite the Mayor of Atwood to discuss their inmate crew.  He set a Finance Meeting for January 25 at 6:00 p.m. and stated he will report back to the council on whether this time and date will work for the Mayor of Atwood to attend.

Karen Griffiths explained the liability issue of city employees supervising the inmate crews under the Kansas Tort Claim Act.  She stated certain sections make the City and their employees not liable.  There are other sections where there would be a standard of liability under certain situations.

Joe Leroux reported the Parks Committee met and discussed the cemetery and how damaged stones should be handled.  They also discussed the care of the lots when decorations are placed on the lots.  The Ordinance covers how long those items can be left.  They also talked about separating the Parks and Cemetery Department into two different departments in 2011.  Joe said he met with 2 employees who have worked at the Cemetery for many years, and they will be making suggestions to him in the future. 

Rob Lawson stated Downey Drilling has requested a time extension of their final completion date, which was set for December 31, 2009.  According to the contract, a $500 per day penalty will be assessed for every day over his deadline, unless he can prove that weather was a factor.  Chris Miller of Miller and Associates will request the dates of bad weather that they could not work, and those dates will be forwarded to the City Attorney to review.  Chris Frack stated they have worked many of the days when it was bad weather.  The State extended the City’s deadline for capping the abandoned wells to December 31, 2010.

Mayor Corns stated the filing deadline is Tuesday, January 26 at 12:00 noon for anyone wanting to file for the seats which are up for city council election.

Motion was made by Roberta Ryan and seconded by Jeff Otter to approve Appropriating Ordinance #1 as a whole.  Vote taken.  Motion carried.

Motion was made by Kim Snyder and seconded by Donna Foley to adjourn.  Council adjourned at 6:18 p.m.