REGULAR MEETING
Monday, July 13, 2009
The governing body of the City of Coldwater met in regular session with the following present: President of the Council, Charles Salisbury, presiding, Council members Brian Adams , Penny Bruckner , Tiffany Sowa, and Richard Thompson , Public Works Director Danny Shaw , Water Operator Chad Mull , City Attorney Skip Herd, Lake Manager Pat Puderbaugh , and City Clerk , Kristal Sherman.
Guests included Connie Cox, Debbie Dutton, Jay Herbers, Larry Kleeman, Jim Vonfeldt and Darlene Caraway.
Mayor Smith called the meeting to order and led the flag salute.
Minutes from the June meeting were approved as written, motion by Tiffany Sowa, seconded by Richard Thompson . Motion carried.
Jim VonFeldt, with the auditing firm VonFeldt, Bauer and VonFeldt of Larned, Kansas , went through the 2008 audit report with the council. He brought up the point the City has managed to build its reserve funds, unlike the past few years. Jim then presented the council with the proposed 2010 budget which will require 79.522 mills, and shows a slight rise from the 2009 budget which was at 79.310 mills. Jim offered to come back and meet with the council to review the 2010 budget with them. The council set Monday, July 20, 2009 at 7:00 p.m. as a special budget workshop meeting.
Larry Kleeman of Cooper, Malone & McClain, Inc. the Wichita firm which handled the City’s 2001 bond issue for the water system, presented the council with a proposition of refinancing the general obligation bonds with a lower interest rate to save the City money. He had figures to show the City could potentially save $51,685.50. After discussing the matter with Larry, the council decided to table the matter to the next meeting.
Jay Herbers with the Ditch Witch Co. of Valley Center, KS explained to the council he had brought a “mole” tool that bores lines beneath the streets here about a month ago to let the maintenance department test it to see how it worked. Danny Shaw told the council it worked great and will save them from tearing up the paved streets when lines need to be laid across them. Jay told them the 3 inch mole tool with 50 foot of hose costs $6,270.00 with an extra 50 foot of hose and a 1 year warranty. The council told Jay they would discuss the purchase of the tool later in the meeting and let him know.
Pam Bowling requested that she be permitted to drive her ATV vehicle back and forth from the City to Lake Coldwater , and around the lake. She explained that until this year she has been allowed to drive her vehicle to the lake. The council explained they have decided to strictly enforce the rules that are in place to ban ATV’s at the lake. After hearing Pam’s side of the complaint, the council told her they would discuss the matter further, later on in the meeting and let her know the decision that will be made.
Lake Manager , Pat Puderbaugh reported the July 4th weekend was a big success, with more people using the lake than in the past. Pat introduced to the council, Assistant Lake Manager Connie Cox and Lake Host Debbie Dutton who also helps take care of the restrooms. He told the council the lake runs smoothly because of the help of those two ladies. Pat asked the council to issue a zero tolerance policy on issues at the lake. After discussion, Richard Thompson made a motion to enforce a zero tolerance policy on the following issues at the lake: swimming around the boat docks; under-age golf cart drivers; open containers on golf cart and boats; glass bottles; driving golf carts in unauthorized areas and dogs not on a leash. The motion was seconded by Tiffany Sowa and the motion carried. The council will go over the zero tolerance policy with City Marshal John Schmeidler at the special meeting on July 20th since he was absent. Pat told the council that the side effects of having a popular lake is the amount of trash that is generated and it takes a while to get it cleaned up and ready for the next weekend, that’s why he said he would appreciate the council considering buying an ATV vehicle for use at the lake so he could use it to dump trash, etc.
City Marshal, John Schmeidler in his absence, left a report for the council to read. John felt the July 4th holiday weekend was a huge success and issued a few citations during the weekend for minor offenses. John reported he has found a person he feels would help him out during the 125th Celebration and Labor Day weekend as lake patrol, his name is Danny Gossman and he would like the council to meet him as soon as possible. John also asked the council for permission to assist with security at Ashland on Saturday, July 25th , they are hosting a concert and said he feels it’s important when small agencies help each other out. The council discussed the fact the lake is full practically every weekend and John is probably more needed here, but they will discuss the matter with him at the special meeting set for July 20th.
City Attorney, Skip Herd gave the council a copy of a letter from Dave Rose concerning the breach of contract on lots owned by Delphos Project, LLC, Dave Rose and his sons Chris and Brian Rose at Comanche Estates. Dave asked that an extension be granted for Lots 1, 2 and 3 in Block 4, saying he still has plans to develop a home on the existing foundation and blamed the economy as his reason for not beginning construction on the lot. He also said he understands if the council wishes to “buy back” the property as well as the two single lots, since construction has not begun on the lots. After discussion, Tiffany Sowa made a motion the City buy back Lot 3 in Block 1 purchased by Chris Rose and Brian Rose, and Lot 26 in Block 2 purchased by Dave Rose and to extend the contract for Delphos Project, LLC on Lots 1, 2 and 3 in Block 4 until July 1, 2010 and if he hasn’t started construction before that time, he will relinquish 3/4ths of the purchase price. The motion was seconded by Penny Bruckner and the motion carried, with Richard Thompson opposing. The council instructed Skip Herd to prepare the papers necessary to extend the contract and buy back the lots. Skip then recommended the council stay in open session to discuss Coldwater Housing Authority matters with Prairie Plaza manager, Darlene Caraway, in respect to the 2010 city budget and funds needed to keep Prairie Plaza going. Darlene Caraway gave a sheet to the council showing what is collected monthly as to how many apartments are rented. She explained at this time there are 5 vacancies at Prairie Plaza , more than they have experienced in the past, and they have had 4 vacancies for quite some time which is putting big strain on their cash flow. She asked the City for an extra $2,000.00 to $3,000.00 to help out while they do some other things to try and get the vacant apartments rented. They are looking into several options of changing the limitations on renting the apartments. After discussion by the council and asking Darlene questions, the council told Darlene they will discuss the matter further, later in the meeting, then get back to her. Skip also asked the council to discuss the need for repairs to the paved roads from US 160/183 to Lake Coldwater and to Crown Hill Cemetery which are actually supposed to be maintained by the county, but the county and the city have each maintained them at one time or another. He suggested someone from the council discuss the matter with the county commissioners to get the problem resolved. Richard Thompson volunteered to go to the next county commission meeting about the matter. Skip also expressed a need for stop signs to be added at the corner where Bill Milligan lives and at the entrance of the lake instead of yield signs, saying with the amount of traffic generated by the lake, there is a traffic hazard there. The council instructed Danny Shaw to add stop signs at those two locations in place of the yield signs.
Water Operator, Chad Mull asked the council if they actually wanted to charge Dennis Sangster the full amount of the water tapping charge for his new home at Comanche Estates, which is $550.00, since the tap was made at the same time the water main was laid. After discussion, Tiffany Sowa made a motion Dennis Sangster only be charged $250.00 for the water meter tapping charge, seconded by Penny Bruckner and the motion carried. Chad also told the council of a request that was made by Leroy Fose, owner of the Honey House Hotel, to change from a commercial water rate to a residential water rate since it is not used as a business at this time. The council denied the request. Penny Bruckner asked the council to go into executive session for 15 minutes for personnel matters with water operator Chad Mull , seconded by Richard Thompson and the motion carried. After returning to open session, no action was taken.
Public Works Director, Danny Shaw reported he had found a better price than had been approved by the council for replacing the roof on the city shop building and this would be to put all new tin on the roof for half the price of the bid to repair the roof he had received from Diamond Roofing. The council instructed Danny to advertise for bids to replace the roof with a tin roof and open the bids at the August meeting. Danny asked the council if they would want to replace the north “welcome to Coldwater” sign since the sign south of town turned out so well, and he has talked to Tom Offield to see if he could have it done by the 125th celebration which he said he could and it would cost $400.00, the same as the previous sign. Richard Thompson made a motion to purchase a replacement insert for the north “welcome to Coldwater” sign for $400.00, seconded by Tiffany Sowa and the motion carried. Danny reported he has checked into costs of purchasing a pager system for the water wells and sewer plant, with the cost being $6,273.00 for 1 pagers at 2 locations. The council agreed to wait and see what kind of service will be offered by Verizon Wireless when they take over the Alltel system. Danny also reported back on the storm shelter issue at Prairie Plaza saying he will talk to FEMA personnel about possible government money for such a project. Danny recommended to the council they consider purchasing the ATV for use at the lake, especially for use of dumping trash, he said they are “testing” one at the lake right now and the cost estimates range from $5,500 for a used one to $10,500 for a new one. The council instructed Danny to check into the cost of several brands for comparison and report back. Danny also asked the council to extend a new four-inch water line another block , enabling him to upgrade service to several more residences by replacing a one-inch water line at the cost of $2,100.00. Richard Thompson made a motion to extend the water line another block at the cost of $2,100.00, seconded by Brian Adams and the motion carried. He also reminded by council the heating system at the City shop will need replaced before winter.
Tiffany Sowa asked the council to go into executive session with pool manager, Adele Lopez for 15 minutes for personnel reasons, seconded by Penny Bruckner and the motion carried. After returning to open session, no action was taken. Tiffany Sowa made a motion the council stay in executive session for 45 minutes concerning personnel matters, seconded by Penny Bruckner and the motion carried. After returning to open session, no action was taken.
A discussion was held on the wage of lifeguard Brandt Rogers. He has talked to City Clerk, Kristal Sherman and understood he would be receiving third year lifeguard wages since he has worked for two years as a lifeguard in Meade , KS . Council member, Tiffany Sowa explained the 25 cent per hour raise per year was for lifeguards returning after a summer working at the Coldwater pool in order to encourage the lifeguards to return year-after-year. The council agreed he should stay at the one-year starting wage. The council also told pool manager, Adele Lopez the subject of allowing youth to handle the pool chemicals has come to their attention, and she should not allow them to handle any of the pool chemicals, she or the city employees should be the only ones to handle the chemicals.
City Clerk, Kristal Sherman, passed around the bids she had received to replace the air conditioning system in the big room of the Veteran’s Building. After reviewing the bids, the council instructed her to get in contact with CMS Electric Heat & Air to see if they wanted to bid on the project.
The council discussed complaints they have received about the location of a beer garden planned by Garry Smith, owner of the Comanche Tavern, during the 125th Celebration. Since Garry is out of town at the present time, they will ask him to come to the special meeting on July 20th to discuss changing the location of the beer garden.
Richard Thompson asked the council to consider offering to hire the SCHS football team and cheerleaders as a fund raiser for those groups to help with the Bar-B-Q for the 125th Celebration. The council agreed.
Penny Bruckner told the council Sara Hess, owner of Comanche Spirits, asked permission for their business to be allowed to stay opened until 11:00 p.m. on Friday July 31st and Saturday August 1st for the 125th Celebration. After discussion, Penny Bruckner made a motion Comanche Spirits be allowed to stay open until 11:00 p.m. on July 31st and August 1st only, seconded by Tiffany Sowa and the motion carried with both Richard Thompson and Chuck Salisbury abstaining.
Bills in the amount of $201,633.40 were presented for payment. Tiffany Sowa made a motion to approve the bills as presented, seconded by Penny Bruckner and the motion carried.
Under unfinished business, the council discussed whether or not to allow Pam Bowling to drive her ATV back and forth from the City to Lake Coldwater . After discussion, Tiffany Sowa made a motion to allow Pam to drive her ATV to and from the City to Lake Coldwater , not on the highway, and around the lake as long as she meets the safety requirements. The motion died since no other council member seconded the motion. After the council discussed purchasing the mole tool, Tiffany Sowa made a motion to purchase the mole tool at the cost of $6,270.00, seconded by Brian Adams and the motion carried. The council also discussed the financial situation at Prairie Plaza and they all agreed they would like to see a more detailed account of the financial statements before making a decision of giving Prairie Plaza the funds asked for. Penny Bruckner will ask Darlene for the financial statements and will present them at the August meeting. Richard Thompson brought up complaints from campers he has received about a fence that has been constructed around the campers on the north end of the lake without council approval. The lake committee, Chuck Salisbury and Penny Bruckner said it was constructed to keep certain campers from driving on the grass with their golf carts and they thought it had been discussed at a council meeting, although the minutes do not reflect this discussion. Chuck and Penny recommend the fence stay, at least for a while, so the campers will not drive on the grass.
No further business was presented. Tiffany Sowa moved the meeting adjourned, seconded by Penny Bruckner and the motion carried.
SPECIAL MEETING
Monday, July 20, 2009 – 7:00 P.M.
The governing body of the City of Coldwater met in special session for the purpose of planning the 2010 budget and other issues, with the following present: Mayor Tony Smith , presiding, Council members Brian Adams , Penny Bruckner , Chuck Salisbury, Tiffany Sowa, and Richard Thompson . Public Works Director Danny Shaw , City Marshal, John Schmeidler and City Clerk Kristal Sherman.
Guests included Jim Vonfeldt, Garry Smith and Danny Gossman
The proposed 2010 budget is 79.522 mills, up slightly from the 2009 budget of 79.310 mills. Jim Vonfeldt went though the budget with the council, item by item and noted that the oil and gas funds have been reduced to $40,000.00, which has been the council’s goal to reduce the oil and gas funds so they’re not relying on those funds in the future. The council set the budget hearing at the next council meeting which will be August 10, 2009 at 7:00 p.m.
Garry Smith, owner of Comanche Tavern, heard from the council there has been several citizens show concern to have the beer garden in the location originally planned. The council and Garry took a walk down main street to look at other options. Mayor Smith called Eldon Hect to ask if his lot between the library and Rick Rathbun’s office would be a possibility, but he denied permission. After exhausting all other locations, the council told Garry to set up the beer garden in the originally planned location between the Pleasure Club and Ragtime Embroidery. Garry also asked permission to borrow 10 tables and 50 chairs from the Veteran’s Building to be used in the beer garden. The council agreed and asked City Clerk, Kristal Sherman to draft a contract between the City and Garry Smith noting he would be responsible to replace any table and/or chair if they are damaged.
Mayor Smith asked the council to consider asking Nisly Brothers out of Hutchinson, to deliver two portable toilets to be used downtown for the 125th Celebration since the Veteran’s Building will be the only other place the restrooms will be open. Tiffany Sowa made a motion that two portable toilets be brought downtown to be used during the 125th Celebration, seconded by Richard Thompson and the motion carried.
Kristal Sherman, presented the council with a resolution drafted by Larry Kleeman with the firm of Cooper Malone McClain, Inc. of Wichita to refinance the water bonds at a lower interest rate. The council agreed to have City Attorney, Skip Herd look over the documents before anything is signed.
City Marshal, John Schmeidler , first told the council he prefers to stay in town July 25th instead of going to Ashland to help them out with security at the concert, but wanted to offer to go as good relations between the counties. The council told John it was best for him to stay in Coldwater that day since the lake is so busy and there wouldn’t be much coverage for the City. John also reported he wants to purchase a new digital camera for his department and one for the lake. The council agreed, noting to keep the spending at a minimal amount. John then introduced Danny Gossman to the council. He recommended they hire Danny as security officer to help out during the busy weekends at the lake. After discussion, Tiffany Sowa made a motion to hire Danny Gossman at $10.00 an hour as security officer to help out at the lake, with the hours during the 125th Celebration: July 30th, July 31st, 3:00 p.m. to Midnight and Saturday, August 1st from 3:00 p.m. to 2:00 a.m. and then in the afternoon/evening August 2nd. The motion was seconded by Chuck Salisbury and the motion carried.
City Clerk, Kristal Sherman presented the council with bids for the air conditioning system for the big room of the Veteran’s Building, with the addition of CMS Electric Heat & Air. The council decided to table the bids until the August meeting since CMS added additional work to their bid.
No further business was presented. Tiffany Sowa moved the meeting adjourned, seconded by Penny Bruckner and the motion carried.
July 22, 2009: City Clerk, Kristal Sherman conducted a call-around to the Mayor and all council members telling them City Attorney, Skip Herd had reviewed the Resolution presented by Larry Kleeman of Cooper Malone McClain, Inc. and thought it would be in the best interest of the City to go ahead with the refinancing of the bonds. Brian Adams , Penny Bruckner , Charles Salisbury, Tiffany Sowa and Richard Thompson all voted in favor of Resolution No. 2009-1, authorizing the offering for sale of general obligation bonds Series 2009 of the City of Coldwater , Kansas .