CITY OF COLDWATER
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REGULAR MEETING
Monday, September 14, 2009
The governing body of the City of Coldwater met in regular session 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 Attorney Skip Herd, Lake Manager Pat Puderbaugh , and City Clerk , Kristal Sherman.
Guests included Pam Bowling, J. R. Williams, Dennis Garland, Chris Bruckner, Debbie Dutton, Rusty Brooks.
Mayor Smith called the meeting to order and led the flag salute.
Minutes from the August meeting were approved as written, motion by Penny Bruckner , seconded by Tiffany Sowa . Motion carried.
Rusty Brooks told the council he has purchased approximately 11.4 acres which is ¼ of block 17, all of blocks 18 and 16 and ½ of block 15 from Jeff Levering and asked permission to have up to 5 horses in the pasture. He said he would not be keeping the horses penned up in any one small area of the property, but would give them free run of the entire pasture. He also told the council he plans on doing nothing but improving the property and will keep it cleaned up and junk free. After discussion, Tiffany Sowa made a motion to grant Rusty a zoning variance for the property and to keep no more than 5 horses in the pasture, the motion was seconded by Richard Thompson and the motion carried.
J. R. Williams told the council he had just recently found the letter sent from the City telling him he needed to clean up his property. He asked that he be given some extra time to get the property cleaned up and said he has been working on it. The council agreed as long as he is working on cleaning it up. J.R. also asked the council who has control of the railroad right-of-way, with the answer being, the City does. He asked that the railroad right-of-way behind his house be mowed, said it is a fire hazard for him and his neighbors as tall as the grass is. The council asked Public Works Director, Danny Shaw why the right-of-way hasn’t been mowed before and Danny told them he didn’t think the city’s mowing equipment would work on the steep grade, plus he said there is all kinds of “stuff” in there like railroad ties, etc. Mayor Smith told J.R. the council would look into the matter and let him know what was decided. J.R. also asked the council why they put the truck route on Cottonwood Street and why they can’t go down Topeka Street . The council told him the trucks are tearing up the paved streets, and a truck route is needed to keep them from getting tore up. He said A. J. Trummel wasn’t able to be at the meeting tonight, he got called to work, but he would like to see A.J. get a permit to park his truck at his house, doesn’t see why he shouldn’t be able to park at his house. Mayor Smith told J.R. they have a truck parking permit application from A. J., and they will discuss that matter later in the meeting.
Danny Huck asked the council about renting the city-owned pastures for his horses. He would like to rent the pasture where the tree dump used to be to put 3 yearlings in and would also like to rent the south end of the lake to put 5 or 6 horses in. The council told Danny they would discuss the matter later under unfinished business and let him know what their decision is.
Pam Bowling asked the council once again to allow her to drive her “buggy” ATV out to the lake. She explained she has been able to drive out to the lake in the past and doesn’t understand why she isn’t able to now. Mayor Smith told Pam they would discuss the matter further, later in the meeting under unfinished business.
Lake Manager , Pat Puderbaugh first told the council he asked City Attorney, Skip Herd to draft a document/agreement that said he did not plan to pursue any back wages since they have been donating his wages to charity on his advice, because of the issue with social security. Pat explained some problems that have come up with the credit card charges at the lake, he recommended the council adopt a ten percent reservation cancellation fee and asked them about a minimum amount which could be charged to a persons’ credit card. After discussion, Richard Thompson made a motion a minimum of $10.00 could be charged to a credit card and a ten percent cancellation fee be charged, the motion was seconded by Chuck Salisbury and the motion carried. Pat also discussed the idea of making a policy on refunds of reserved camp sites, it was agreed to not give refunds on reserved camp sites unless one week notice is given before the date of reservation and two weeks notice is required for refund of holiday cancellations. Pat also discussed the idea of “winter rates” for the lake, after discussion, Chuck Salisbury made a motion that anyone camping long-term at the lake during the winter be in a “metered” site, to drop the base rate of the campsite by $50.00 and pay the entire electric bill, and also increase daily hookup rate by $2.00. The motion was seconded by Tiffany Sowa and the motion carried. Pat suggested to the council the picnic tables at the lake be left out all winter, instead of gathering them and storing them under a shelter, he said he thinks it will cut down on the amount of damage they receive since he believes they are damaged more by moving them, plus it would cut out the man hours it takes to move them in the fall and then again in the spring. The council agreed. Pat also reported prior to the labor day weekend, he asked Marshal John Schmeidler and lake patrol officer, Danny Gossman to carry permits with them to sell to campers that came in to the lake after hours, and said they collected around $70.00. Pat also reported there has been an increase of complaints about dogs at the lake running loose and also the smell associated with the amount of dogs there are. He also asked if they wanted to ban vicious dogs out at the lake with the council telling Pat they need to abide by the vicious dog ordinance that was put into effect earlier this year by the council. Pat also told the council of an incident that happened over labor day weekend about a family camping on the east side and other campers threw firecrackers at the family with the firecrackers landing three feet away from the baby. He said this has been the third such incident in two years in that area and has a pretty good idea who is behind the acts, but can not prove it. He asked the council if he has the authority to ban someone from the lake for abusive behavior, which the council told him he does have the authority, but just make sure it’s a clear-cut situation with proper documentation and proof. In closing, Pat told the council he wants to take the winter off, the council agreed.
Marshal John Schmeidler was absent because of surgery on his elbow, but left a report for the council to read. John told the council he thought the Labor Day weekend was a success and felt that Danny Gossman was an excellent asset to have over the holiday weekend and feels his presence is helping to stop previous issues at the lake. John said he is going to do his best to try and return to work as soon as possible after his surgery and thanked the council for their support.
City Attorney, Skip Herd reported that Nathan Strandmark has sent a letter asking for a one-year extension on his contract at Comanche Estates. After discussion, Richard Thompson made a motion to give Nathan Strandmark a one-year extension from his contract date, and after that date, if he asks the city to buy the lots back, the buy back amount would be 75% of the original price, the motion was seconded by Tiffany Sowa and the motion carried. Skip reported he has received information and is in the process of drafting a contract between the City and Pixius Communications to buy the old water tower with terms as follows: the purchase price to be $650.00, a two-year agreement for free internet service and Skip also recommended they put a clause in the contract to for Pixius to leave the pit so KDHE has access to it to deem it a non-usable water tower, the council agreed and asked Skip to send the draft to Pixius for review. Council member, Penny Bruckner reported that Prairie Plaza does need financial help, and told the other council members she wants to resign from the Coldwater Housing Authority Board. After a discussion, Mayor Smith asked the council to table the discussion until later in the meeting under unfinished business.
Water Operator, Chad Mull told the council he didn’t have anything to report, the council did ask Chad when he’s going to get the street fixed on West Main where there was a water leak, he replied he was waiting for it to dry out because of recent rains we have had, then he would finish it.
Public Works Director, Danny Shaw told the council he would like to tear out the asphalt and turn a five block section of West First Street back to dirt road and would also like to do the same to two blocks of West Maple Street by the old water tower. Danny said he had talked to some of the homeowners on West Street and would consult with the rest before making a final recommendation. The council agreed. Danny also told the council that Eric Lowe is working with him on getting his garage tore down, Eric wants to hire Jeff Levering to tear it down but Jeff wants the City to pay him and then Eric’s sister to pay the city back. The council told Danny they didn’t think we should pay Jeff Levering then get reimbursed by Eric’s sister, but was going to leave it up to him to work it out with Eric. Danny also brought up the possibility of adopting an ordinance which would enable the city to collect a portion of a homeowner’s insurance money if the City would have to tear down a house after it has been damaged by a fire. The council asked the City Clerk to check with the City Attorney about adopting such an ordinance. Danny told the council he has received a complaint about a residential lot that needs cleaned up and wants the council’s opinion how to handle it. After discussion, the council told Danny to tell the homeowner to either clean up the lot or build a fence. Danny also reminded the council about his earlier requests for new heaters for the shop. Richard Thompson made a motion the City go with the CMS bid for $3,600.00 for new heaters at the shop, seconded by Tiffany Sowa and the motion carried.
City Clerk, Kristal Sherman, asked the council for a new vacuum sweeper for the Veteran’s Building. Richard Thompson made a motion to pay $162.77 for a new vacuum sweeper for the Veteran’s Building, seconded by Chuck Salisbury and the motion carried.
Tiffany Sowa made a motion to approve ordinance 2009-4 the standard traffic ordinance, seconded by Chuck Salisbury and the motion carried.
Chuck Salisbury made a motion to approve ordinance 2009-5 the uniform public offense code, seconded by Tiffany Sowa and the motion carried.
On behalf of the Coldwater Chamber of Commerce, Dennies Andersen asked the council to waive the fee for the Veteran’s Building on October 3rd and 4th for the annual city-wide garage sale. He explained it is a fund raiser for the Chamber, but is also a city service project. Tiffany Sowa made a motion to waive the rental fee for the Chamber of Commerce on October 3rd and 4th, seconded by Brian Adams and the motion carried.
Under unfinished business, the council discussed Pam Bowling’s earlier request to be able to drive her ATV from the City to the lake. She again reiterated to the council she doesn’t believe she’s going to hurt anything out there. Tiffany Sowa said she’s willing to give her the opportunity to try it and if it becomes a problem, the council can always revoke the permit. Chuck Salisbury asked if she would need to get a tag at the lake for her vehicle. After discussion, Tiffany Sowa made a motion to give Pam Bowling the opportunity to purchase a handicap lake license for her ATV to drive from the City to the lake on the approved roadway. The motion was seconded by Penny Bruckner and the motion carried 4 to 1 with Richard Thompson opposing.
Tiffany Sowa made a motion the council go into executive session for 30 minutes for personnel reasons, seconded by Penny Bruckner and the motion carried. After returning to open session, no action was taken.
The council discussed the request to rent the south-end of the lake. After discussion, Chuck Salisbury made a motion to rent the south-end of the lake for no less than $10.09 per acre from the time the renter takes possession, seconded by Tiffany Sowa and the motion carried. The council also made the stipulation that if cattle is put in that pasture, the fence should be 2-wire hot wire and for horses the fence should be 1-wire hot wire. After further discussion, Chuck Salisbury made a motion to resind the motion just made about the rent at the south-end of the lake, seconded by Brian Adams and the motion carried. Chuck Salisbury then made a motion to accept contributions of $10.09 an acre for the south-end of the lake and the old tree dump pasture, seconded by Tiffany Sowa and the motion carried.
The fence at the north end of the lake was discussed, Chuck Salisbury told the council he feels it has straightened out other places around the lake, other than just at the north end. The council agreed the fence will stay up at least until the summer camping season is over.
Richard Thompson made a motion the council go into executive session for personnel reasons for 5 minutes, seconded by Brian Adams and the motion carried. After returning to open session, no action was taken.
Mayor Smith asked the council to consider a truck parking permit for A. J. Trummel. After discussion, Richard Thompson made a motion to accept the truck parking permit for A. J., as long as he travels north on Topeka Street and East on Maple Street only, seconded by Chuck Salisbury and the motion carried.
Bills in the amount of $119,955.10 were presented for payment. Chuck Salisbury made a motion to approve the bills as presented, seconded by Tiffany Sowa and the motion carried.
No further business was presented. Tiffany Sowa moved the meeting adjourned, seconded by Penny Bruckner and the motion carried.
SPECIAL MEETING
Monday, September 21, 2009 – 7:00 P.M.
The governing body of the City of Coldwater met in special session for the purpose of discussing personnel with the following present: Mayor Tony Smith , presiding, Council members Brian Adams , Penny Bruckner , Charles Salisbury, Tiffany Sowa , and Richard Thompson , Public Works Director Danny Shaw and City Clerk Kristal Sherman.
After the meeting was called to order, Richard Thompson made a motion the council go into executive session to discuss personnel matters with Danny Shaw and Kristal Sherman, seconded by Tiffany Sowa and the motion carried. After returning to open session, no decisions were made, but another special meeting was set for Tuesday, September 22, 2009 at 12:00 noon.
Tiffany Sowa made a motion to adjourn the meeting, seconded by Penny Bruckner and the motion carried.
SPECIAL MEETING
Tuesday, September 22, 2009 – 12:00 P.M.
The governing body of the City of Coldwater met in special session for the purpose of discussing personnel with the following present: Mayor Tony Smith , presiding, Council members Brian Adams , Penny Bruckner , Charles Salisbury, Tiffany Sowa , and Richard Thompson , Water Operator Chad Mull and City Clerk Kristal Sherman.
After the meeting was called to order, Tiffany Sowa made a motion the council go into executive session to discuss personnel matters with Chad Mull , seconded by Chuck Salisbury and the motion carried. After returning to open session, Chuck Salisbury made a motion to eliminate the water operator position, seconded by Tiffany Sowa and the motion carried. The council explained they are moving Chad Mull to a city maintenance position and changing his pay to $10.00 per hour with a 90-day probationary period. Public Works Director, Danny Shaw will be responsible for water related issues.
The council made a change to the October meeting. It will be Tuesday, October 6, 2009 at 7:00 p.m. instead of Monday October 12th.
Tiffany Sowa made a motion to adjourn the meeting, seconded by Chuck Salisbury and the motion carried.