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April 29, 2009 The Norton City Council met in regular session Wednesday, April 29, 2009, at 5:30 p.m., with Mayor David Corns presiding. Council members present were Jeff Otter, Donna Foley, Toby Kuhn, Kim Snyder and Joe Leroux. Others present were Jake Durham, Roberta Ryan, Diana Smith, Diane Becker, Steve Cole, Deena Wente, Jody Enfield, Pat Morel, Rob Lawson and Darla Ellis. Jerry Bantam arrived at 5:43 p.m. Karen Griffiths arrived at 5:48 p.m. Motion was made by Kim Snyder and seconded by Jeff Otter to approve the April 15, 2009, council minutes. Vote taken. Motion carried. The following building permits were presented: Jake Durham was present on behalf of the American Legion to request permission to have a flag burning ceremony on June 14, which is Flag Day, from 5 – 7 p.m. They would like the use of the City’s fire truck in case it would be needed, and would like the City to dig a hole south of the parking lot by the American Legion building, to burn the flags in. The Legion will burn flags for citizens that have old flags that need destroyed. Motion was made by Toby Kuhn and seconded by Kim Snyder to approve the American Legion’s request regarding the flag burning ceremony on June 14. Vote taken. Motion carried. Mayor Corns reported the city sales tax receipts collected in March of 2009 totaled $15,674.43, and the county sales tax receipts totaled $13,600.56, for a total of $29,274.99. The year to date total receipts in 2009 total $144,482.89. Motion was made by Kim Snyder and seconded by Jeff Otter to approve the Mayor’s appointment of Roberta Ryan to fill the vacant council position in Ward II. Mayor Corns thanked Diana Smith for also stepping forward to fill the vacant Ward II City Council position, but stated there may be a concern of violating the open meetings act since there would be three council people who all work for the same employer. Vote taken. Motion carried. City Clerk Darla Ellis gave the oath of office to newly appointed Council Member of Ward II, Roberta Ryan. She will serve as Chairman of the Personnel Committee, Vice Chairman of the Utility Committee, a member of the Parks Committee, and the Chamber of Commerce council representative. Mayor Corns stated he has had members of the public ask him if the Council would consider eliminating the Ward system for elections, due to the lack of interest in the last elections. Jeff Otter asked if there is a state statute that says the City has to use the ward system. Mayor Corns stated the City Attorney would have to research this issue. Mayor Corns stated races are being considered for this summer, and he reminded everyone that there is to be no beer in the pit area. He stated if the Police would drive through the park area and see beer in the pits, citations could be issued, or other action could be taken. Motion was made by Donna Foley and seconded by Toby Kuhn to approve the reappointment of Dean Esslinger for the Economic Development Board at-large position for a two year term, from May of 2009 to May of 2011. Vote taken. Motion carried. Jeff Otter reported that Code Inspector Jeff Wolf attended a seminar and brought back several forms that are used in other cities; he will use them as a template for the City of Norton’s nuisance abatement forms, and will be presenting a draft of the revised forms to the committee for review. Jeff Otter stated Corey Urban was at the Public Safety Committee meeting to express his concern about the crosswalk flasher on Highway 36 by Dairy Queen. He stated the flashers are difficult for vehicles coming from the west to see, and he wanted to know if it could be moved further west. Rob Lawson was asked to check with KDOT, since it is on the state highway. Jeff Otter stated the new Dodge Charger for the Police Department should be delivered in 30 days. He stated the committee discussed purchasing an additional patrol car, since 2 new cars were budgeted in 2009. He stated the 2003 Crown Victoria has 118,000 miles on it and is having mechanical problems. Motion was made by Jeff Otter and seconded by Joe Leroux to approve the purchase of a 2009 Dodge Charger with the police package from Odessa Ford Chrysler for the Police Department at a cost not to exceed $20,666.60, to be paid from fund 01.11.450. There is an April 30 deadline to get the car at this price. Rob Lawson stated two old police cars were traded for $3,600 in equipment, and so the light bar and other equipment for the new car will not affect the budget. Vote taken. Motion carried. Donna Foley stated a Utility Committee meeting was held and the committee asked Rob to contact KDHE to check on funding options for repairs to the flooded lift station, digester aeration, and to refurbish manholes. Rob Lawson stated the pumps on the lift station at the sewer plant were changed out yesterday and everything went well except there is a bent pipe that will be fixed tomorrow. After that is done, the three month test period on the new pumps will begin. If they pass the three month test, then the City can approve the Certificate of Completion and make final payment to the contractor. Toby Kuhn reported the Finance Committee met and is beginning work on the 2010 budget and looking at the capital outlay items needed. He stated there are many streets in town which are in need of repair, but the committee identified 5 streets which need work and will be getting cost estimates to fix those streets. He stated the committee is also discussing possible funding of a trash truck for the refuse department. He reported the committee discussed a draft of a 5-year management plan, and have asked all department heads to go through and do an equipment and vehicle inventory. This will give the City Council a better idea of what needs to be replaced in the future. Joe Leroux reported the Parks Committee met with representatives of Tri-States Motor Sports Association, a local group who is trying to get races at the speedway again. Jerry Bantam is a representative, and was present to request use of the racetrack. Motion was made by Joe Leroux and seconded by Jeff Otter to approve the Agreement for Park-Grandstand Area Use, and approve the nine race dates which were presented. City Attorney Karen Griffiths clarified that the head tax needs to be paid for people in both the grandstand and pit area. Vote taken. Motion carried. Motion was made by Joe Leroux and seconded by Jeff Otter to approve the cereal malt beverage license for Jerry Bantam, to sell beer at the races in Elmwood Park during the 2009 race season, with the site to be set forth as indicated in a photo attached to the license application. Vote taken. Motion carried. Karen Griffiths stated the City has received an environmental code appeal from Shawn Wiltfong. The City Council sits as the hearing board, and she recommends having the hearing on May 20 at 6:15 p.m. Motion was made by Toby Kuhn and seconded by Donna Foley to schedule the environmental hearing for Shawn Wiltfong on May 20 at 6:15 p.m. Vote taken. Motion carried. Motion was made by Kim Snyder and seconded by Jeff Otter to approve Appropriating Ordinance #9. Vote taken. Motion carried. Motion was made by Kim Snyder and seconded by Donna Foley to adjourn. Council adjourned at 6:08 p.m. ATTEST: ____________________ Mayor: ________________________ |