CITY OF COLDWATER
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REGULAR MEETING
Monday, January 14, 2008 – 7:00 p.m.
The governing body of the City of Coldwater met in regular session with the following present: Mayor Tony Smith, presiding, Council members Penny Bruckner, Klete Hackney, Charles Salisbury, Tiffany Sowa and Richard Thompson, Public Works Director Danny Shaw, Water Operator, Joe Ceballos, City Attorney Skip Herd, City Clerk, Kristal Sherman, and City Marshal, Doug Storie.
Guests included Dave Rose, Tara Lambert, Rick Lambert, John Mitchell, Ben Horyna, Dave Osborn, Robert Hettchen and daughter.
Mayor Smith called the meeting to order and led the flag salute.
Minutes were approved as written, motion by Penny Bruckner, seconded by Charles Salisbury. Motion carried.
Ben Horyna addressed the council with the fact that he’s lived in Coldwater almost 3 years and hasn’t been asked until now to pay for the trash service. He said what little trash they generate after recycling they take to Hutchinson, where he has another residence and he pays for trash service there. He asked the council to exempt him from the trash service in Coldwater. Mayor Tony Smith explained to Mr. Horyna that when the City had first contracted the trash service with Osborn Disposal in Ashland, an ordinance had been passed stating that every residence would pay for the trash service. Mr. Horyna said he understood if there was an ordinance saying he had to pay it, but he did ask the council to forgive the last 2 months of trash service and late charges charged to him and he would start paying it with the next bill. He also asked if he would have to pay for the trash service when he is gone the three months in the summer. Dave Osborn told Mr. Horyna that there are several people who are not billed when they are gone for a period of time and their houses are vacant. He just asked Mr. Horyna to let the City Clerk know when they’re going to be gone and for how long.
John Mitchell also addressed the council concerning the trash bill. He currently has more than one residence, but is only occupying one and remodeling the others. He does not want to pay trash for the ones that are vacant. Dave Osborn told him the same that he told Mr. Horyna that as long as it’s vacant, they won’t be charged. John also asked what all will be picked up by Osborn Disposal. Dave told him he would work with him to pick up most all his demolition.
Dave Osborn told the council that he pays Clark County Landfill anywhere from $1,200 to $1,300 per month, depending on the amount of tonnage that is disposed of. Dave said recycling would be a big help to cut down on the tonnage. Council member Richard Thompson asked Dave what could be done to promote more recycling and Dave said “Education”. Let the citizens know what can and can’t be recycled and where to take the recycled trash. Dave told the council he knew the City was considering hauling the trash themselves, but told them they need to make sure to get all the cost figures in order, saying it costs more than you think. He would like to know in the next couple of months if they were really serious about doing that or not. The council told Dave that they were still just thinking about taking over the trash service, but would definitely not do anything before 2009.
Robert Hettchen told the council that his dog is in the pound and has been for a few days and asked them if he could make payments for bailing his dog out of the pound since the bill was $100.00 and it’s the second offense. Robert also told the council he felt the amount was unfair since he didn’t know about the first time the dog was in the pound and it was given away. The council asked Danny if the dog had been given away the first time and Danny told them yes it had because they didn’t know who’s it was and it was past the 3 days to keep it, he knew of someone that wanted the dog if it’s owner was never found. The council agreed to only charge him $55 plus the $2 fee for a dog tag, and to give him a week to get the dog vaccinated and present the City Clerk with proof of vaccination.
Dave Rose with United Country Real Estate, introduced Tara and Rick Lambert who were present, as agents with the company. They recently opened an office in Coldwater where the Baptist church previously existed, their home office is in Kansas City, Missouri. Dave then showed a slide presentation of the company and what they have to offer. Dave asked the City to consider contracting with his firm to market and sale the Comanche Estates lots.
Marshal Doug Storie gave a report of his activities for the past month. Doug told the council he is scheduled for a class on January 15th with the Kansas Association of Chiefs of Police in Hays, KS and cost is free, and also scheduled on January 25th in Topeka dealing with people with mental health issues, cost is $15.00 plus $70.00 for hotel room. He explained to the council that the law passed for 14 to 17 year olds be required to wear a seat belt and the amount of the ticket if they’re caught without their seat belt is $60.00. Marshal Storie said he has heard requests for repainting the downtown handicapped ramps, handicapped parking spaces and the crosswalks on the highway, said that could be a community service project if the city crew didn’t have time to do it. Council member Klete Hackney told Doug he had received complaints about tickets he had written for no tail lights. Marshal Storie explained that they are “fix-it tickets”, they can get it fixed, show proof, and the ticket will be dismissed. Klete told him the tickets were confusing because he already writes the fine and court costs on the ticket, so they think they have to pay the fines plus get it fixed. Doug told the council he writes the “fix-it” tickets for safety reasons. The problem with Brad Gossett’s truck was discussed. Last month the application for a parking permit was denied to park the truck on the street at his house, so Brad has started parking his truck in his yard. After discussing the matter, it was determined that Danny Shaw will talk to the Clarke Oilfield Services supervisor, before they take further action.
City Attorney, Skip Herd reported that he had done the closing on the 2nd tract of land at Comanche Estates and is waiting on the 3rd tract to get the title insurance finished before it can be closed.
Water Operator Joe Ceballos reported that he had talked to Pixius Communications about selling them the old water tower. After discussing the matter, the council instructed to tell the three companies that have antennas on the water tower, Pixius, CMS and Southern Pioneer, that sealed bids will be taken for the sale of the water tower. Joe also reported that the new water tower needs to be inspected this year, he currently has one bid and will ask for others. Joe told the council that Jerrold Garten has a water bill past due of $220.03 and has been shut-off over 6 months ago, his pipes leak so he can’t turn the water back on even if he paid the bill up to date. Joe wanted to know what kind of action, if any, the council wanted to take since he hasn’t had water for 6 months, he also does not have a working sewer. After discussing the matter, they instructed Danny Shaw to get with City Attorney, Skip Herd to discuss condemnation proceedings. Joe told the council that Jack Sooter still has hours that have not been paid to him, and he hired Jimmy Shelton to help him in the parks department saying the past Mayor, Ron Kluge had told him he could. Council member, Klete Hackney told the council he had a meeting with Jack, explaining to him how hiring Jimmy and the way he was doing his hours was not right. He told him since he is considered part-time he can only work 999 hours during the calendar year and he should be able to mow the parks in that amount of time without hiring extra help.
Public Works Director, Danny Shaw first asked the council to go into executive session for personnel reasons. Tiffany Sowa made a motion to go into executive session for 15 minutes for personnel reasons, seconded by Chuck Salisbury, and the motion carried. After returning from executive session, no action was taken. Danny told the council that the sewer line extension costs for the new hookups and Comanche Estates will run approximately $3,000.00. He asked if the council if they wanted the cost to come out of the sewer fund or Comanche Estates fund. After discussing the matter, Richard Thompson made a motion to grant the sewer line extension for $3,000.00 and to charge the Comanche Estates Fund for the costs, seconded by Tiffany Sowa and the motion carried. Danny asked the council if the City should go ahead and ask the seasonal campers if they want to be lake hosts, or if it should wait until a lake manager is hired. City Clerk, Kristal Sherman, said she is preparing a mailing in the next day or two to go out to all seasonal campers and can include a letter asking for lake hosts at the same time to save time and postage. The council agreed that the lake hosts have worked well in the past and would like to continue to use the campers in that capacity. Danny reported that a cost estimate for the 6 new hookups at the lake will be $4,200.00 and he will be starting that project as soon as possible. Council member, Tiffany Sowa told the council that the vision group would like their community project to be a hunter’s safety course and be held at the Coldwater Gun Range if possible. Tiffany asked Danny Shaw how much work would need to be done in order to have it ready to hold the safety course. He said work needs to be done to build up the dirt on the backstop and they need to put a fence back up around the sewer lagoon with the cost of that approximately $1,740.00. He thought it would be possible to get the work done so it could be held there. Danny reported that Sheriff Dave Timmons is working on the possibility of reimbursement from the Kansas Department of Emergency Management for a portion of the costs to pick up limbs in the City after the December 10th ice storm.
Mayor Smith asked the council to review the new dog ordinance presented to them for approval. After a lengthy discussion about the new ordinance, Klete Hackney made a motion to approve the new dog ordinance number 2008-1, seconded by Richard Thompson and the motion carried.
Council member, Richard Thompson, acting as Junior Class Parent, asked the council for permission for the Junior Class to use the Veteran’s Building for prom the week of March 30th through April 6th and to also use the meeting room, with the fee waived. Penny Bruckner made the motion the Junior Class be able to use the building for prom free of charge, seconded by Chuck Salisbury and the motion carried.
Richard Thompson explained he has had discussions with the county commissioners and hospital administrator concerning the old hospital generator. He was planning on the City being able to purchase it for use at the Veteran’s Building for emergency use. He said it will probably be going to go to the Protection Valley Manor instead. He also mentioned that their new generator is being constructed on top of the existing sewer line. Richard also asked the council if they should be concerned about people jet skiing at the lake with the cold temperatures and ice around the edge of the lake, telling he had witnessed people out there recently. The council agreed they didn’t think there was anything they could do to stop them from being on the lake as long as they had a season pass.
City Clerk, Kristal Sherman, asked the council if they wanted to offer the lake permits 30% off the last two weeks of January as they have in years past. Penny Bruckner made a motion to offer 30% off the lake permits from January 21st through February 1st, seconded by Tiffany Sowa and the motion carried. Kristal also told the council she had been approached by a citizen about having a monthly tent camping rate since the lake has a monthly hookup rate. After discussing the matter, Chuck Salisbury made a motion to incorporate a $175.00 monthly tent camping rate, seconded by Penny Bruckner and the motion carried. Kristal also asked the council to review a copy of the letter from Vonfeldt, Bauer and Vonfeldt, the city’s auditors, it is their yearly “engagement letter”. After review, Richard Thompson made the motion to sign the letter and accept Vonfeldt, Bauer and Vonfeldt as the City’s auditor for 2008, seconded by Tiffany Sowa and the motion carried.
Mayor Smith asked the council what changes or additions they had to the Employee Handbook. After starting through the handbook and getting through page 6, the council decided at 1:10 am to continue the handbook where they left off, at the next meeting.
Bills in the amount of $67,487.70 were presented for payment. After questions on some bills that were given by the City Marshal, Doug Storie, the council agreed to subtract $33.99 from the total of the bills they agreed should be his personal responsibility. Penny Bruckner made a motion to approve the bills in the amount of $67,453.71 and to have the City Clerk bill the City Marshal for his portion of the bills, seconded by Tiffany Sowa. Motion carried.
Under unfinished business, the council discussed Ben Horyna’s water/sewer/trash bill and agreed that he should pay the last two trash charges, and agreed to remove the late charges. It was also agreed by the council not to ask Dave Rose to market the Comanche Estates at this time.
No further business was presented. Klete Hackney moved the meeting adjourned, seconded by Chuck Salisbury. Motion carried