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Respect
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Hillsboro, Kansas 1. The city council met in regular session on Tuesday, August 7, 2007 at 4:00 p.m. in council chambers with Mayor Delores Dalke and Council members Shelby Dirks, Bob Watson, Byron McCarty & Shane Marler present. 2. Others Present: Dan Baldwin, City Attorney; Susan Cooper, Hillsboro Star Journal; Don Ratzlaff, Hillsboro Free Press; RoseMary Saunders, Ranson Financial; John Riggs, Riggs Associates; Larry Kleeman, M&I Bank; Bob Previtera, Reiss & Goodness Engineers; Craig Roble, Ray Franz & Lynn Penner, Members of Hillsboro Planning Commission; Dr. Jeffrey Henderson; Art Klassen; Darlene Redinger; Dorothy Foth, Gari-Ann Patzwald; James & Betty Thomas; Dale Franz; Kermit Ratzlaff; Ruth Friesen; Larry Paine, City Administrator; and, Jan Meisinger, City Clerk. 3. CALL TO ORDER – Mayor Dalke called the meeting to order at 4:05 p.m. 4. PUBLIC COMMENTS – Dr. Jeffrey Henderson of 511 S. Wilson, told council about a drainage problem he has on his property and on that of Mrs. Dorothy Foth of 509 S. Wilson. In heavy rain, rainwater comes from the neighbors west across the alley. Landscaping can take care of part of the problem, but he felt there was also dirt work that needed to be done by the city in order to remedy the drainage problem. Also, the west neighbor of 509 S. Wilson has a pop-up camper sitting close to the edge of the alley causing more water to run primarily onto the yard at 509 S. Wilson, and to a lesser extent, onto the yard at 511 S. Wilson. He said that after checking the elevation along the alley behind the 500 block of S. Wilson, there is enough “fall” toward East “D” Street that water could be channeled away from these properties. Dale Franz said he has had nothing but problems since the city put ground up asphalt in and built up the alley. He often has water standing in his backyard because it has no place to go without proper drainage. Art Klassen said he had problems with flooding, and felt if small ditches were cut in the alley, it would help a lot. City Engineer Bob Previtera said he could look at the problem and put together a plan that is workable; however, it isn’t going to be a quick fix. Dr. Henderson said he would like to see something in writing giving a time frame. Mayor Dalke said that other people have also been in with drainage problems, and council will need to look at costs and set priorities. Ruth Friesen said there was a mosquito problem because water was standing at the compost site. The compost site will need to be moved. City employees have been treating for mosquitoes. She also said she knew a lot of trees have been cut down, and Newton was a beautiful example of what could be downtown. 5. MINUTES – The minutes of the 7-17-07 regular meeting were approved as distributed. 6. VOUCHERS – Motion was made by Council member Dirks and seconded by Council member Marler to approve the vouchers in the amount of $163,657.51. Motion carried unanimously. 7. LEASE AGREEMENTS – STREET SWEEPER AND ELECTRIC BUCKET TRUCK – City Attorney Dan Baldwin has approved the lease documents. Motion was made by Council member Marler and seconded by Council member Watson to approve the mayor signing the final documents for the leases on the street sweeper and electric bucket truck (with Bank of the West). Motion carried unanimously. 8. COMMON PAY AGREEMENT BETWEEN CITY, HDC & HVI – Motion was made by Council member Dirks and seconded by Council member Watson to approve the common pay agreement with HDC, HVI & the city. Motion carried unanimously. The city will pay 26%, HDC 37% & HVI 37%. 9. APPOINT CITY ADMINISTRATOR LARRY PAINE AS CITY TREASURER AND ZONING ADMINISTRATOR – Mayor Dalke appointed City Administrator Larry Paine as city treasurer and zoning administrator. Motion was made by Council member Dirks and seconded by Council member Marler to approve these appointments. Motion carried unanimously. 10. RESOLUTION 2007-07 – SETTING PUBLIC HEARING – Motion was made by Council member Watson and seconded by Council member Dirks to approve Resolution 2007-07 – (A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF HILLSBORO, KANSAS, SETTING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING TO RECEIVE AND HEAR PUBLIC COMMENTS REGARDING A PROPOSAL TO EXEMPT CERTAIN PROPERTY FROM AD VALOREM TAXATION FOR ECONOMIC DEVELOPMENT PURPOSES; AND DIRECTING PUBLICATION OF A NOTICE OF PUBLIC HEARING). Council was polled with the following vote: Marler, yes; McCarty, yes; Watson, yes; Dirks, yes. Motion carried unanimously. 11. RESOLUTION 2007-08 – SALE OF BONDS – Motion was made by Council member Dirks and seconded by Council member Marler to approve Resolution 2007-08 – (A RESOLUTION OF THE CITY OF HILLSBORO, KANSAS, AUTHORIZING AND PROVIDING FOR THE PUBLIC SALE OF THE CITY’S GENERAL OBLIGATION BONDS, SERIES A 2007, IN A TOTAL PRINCIPAL AMOUNT OF NOT TO EXCEED $78,358.00; SETTING FORTH THE DETAILS OF SAID PUBLIC SALE; AND PROVIDING FOR THE GIVING OF NOTICE THEREOF). Council was polled with the following vote: Marler, yes; McCarty, yes; Watson, yes; Dirks, yes. Motion carried unanimously. 12. CHANGE TO POLICY #69 – The change to Policy 69 – Return to Work, is to remove Steve Garrett’s name and replace the wording with the city administrator. Motion was made by Council member Marler and seconded by Council member McCarty to approve this change. Motion carried unanimously. A question was raised as to whether the last sentence in paragraph two should be changed. City Administrator Paine will check on this. This policy originally came from KMIT. 13. PAY ESTIMATES, RE: ADAMS STREET PROJECT – The final walk-thru on Adams Street was done today. There is still some minor clean-up that needs to be done. Parking areas will be striped on August 20th. Seeding will not be done for another month. Retainage will now be 5% instead of 10%. Motion was made by Council member McCarty and seconded by Council member Watson to approve Pay Estimate #6 to APAC-Kansas for the Adams Street Project in the amount of $97,398.51. Motion carried unanimously. Motion was made by Council member Dirks and seconded by Council member Marler to approve Engineering Statement No. 5 (Invoice 06-0205) to Reiss & Goodness Engineers for resident inspection for the Adams Street Improvements Project from June 25 through July 26, 2007, in the amount of $3,240.00. Motion carried unanimously. Motion was made by Council member Marler and seconded by Council member McCarty to approve Engineering Statement No. 6 (Invoice 06-0206) to Reiss & Goodness Engineers for the remaining 20% of the engineering costs for the Adams Street Improvements Project. Motion carried unanimously. Motion was made by Council member Marler and seconded by Council member McCarty to approve the mayor signing the request for funds from KDOT. Motion carried unanimously. Motion was made by Council member Marler and seconded by Council member Dirks to approve Invoice #2237 to Ranson Financial Consultants, LLC for time from June 1 through July 31, 2007, in the amount of $325.29. Motion carried unanimously. 14. ENGINEER’S REPORT – Mr. Previtera told council that the field work regarding the drainage studies for Birch Street and West Winds are complete, and he should have a report for the next meeting. Surveyors will need to look at South Wilson as well. There are also drainage problems on North Adams. Mayor Dalke asked council where they wanted to go from here since the worst part of South Adams has been addressed. Do we want to apply for more KDOT money? Part of North Adams does not have curb and gutters. Ash Street and Adams Street are our two entrances to town. Council member McCarty left council chambers at 4:55 p.m. The planning commission reviewed the preliminary plat, utility & drainage plan, and the final plat for the Hillsboro Business Park at their meeting on Thursday, July 26th. They approved the plats subject to City Administrator Paine verifying the following changes: • Increasing the size of Reserve A for access; Motion was made by Council member Marler and seconded by Council member Watson to approve the final plat subject to City Administrator Paine verifying that all of the changes were made that the planning commission required. Motion carried unanimously. 15. BOARD APPOINTMENTS – KMEA – Mayor Dalke appointed City Administrator Larry Paine to the KMEA Board of Directors. (He will be Director #2, term expiring April 2008). Motion was made by Council member Marler and seconded by Council member Watson to approve this appointment. Motion carried unanimously. Planning Commission – Mayor Dalke appointed Becky Nuss to the Hillsboro Planning Commission. Motion was made by Council member Watson and seconded by Council member Marler to approve this appointment. Motion carried unanimously. Hillsboro Housing Authority – Mayor Dalke appointed Glenn Thiessen to the Hillsboro Housing Authority. Motion was made by Council member Watson and seconded by Council member Marler to approve this appointment. Motion carried unanimously. Board of Zoning Appeals – Mayor Dalke reappointed Vince Driver and Jim Brennan to the Board of Zoning Appeals. Motion was made by Council member Marler and seconded by Council member Watson to approve these appointments. Motion carried unanimously. Marion County Economic Development Council – Mayor Dalke appointed Clint Seibel and Larry Paine to the Marion County Economic Development Council. Motion was made by Council member Marler and seconded by Council member Watson to approve these appointments. Motion carried unanimously. 16. DISCUSS ZONE CHANGE TO ADD DRINKING ESTABLISHMENTS WITH PLANNING COMMISSION MEMBERS – Planning commission members were invited to the council meeting to discuss liquor by the drink. Mr. Riggs, the city’s planning & zoning consultant, said the city has an ordinance (1119) that is in compliance with state law, but it is tied to the city’s zoning ordinance. Currently, the city zoning does not allow liquor by the drink. This has been discussed a couple of times by the planning commission, and Mr. Riggs felt they were not in favor of bars, but didn’t want to stop growth if a restaurant like Applebees wanted to come to town because liquor by the drink can be tied to food sales. The question is where to allow it to go in zoning. City Attorney Baldwin said distance restrictions from churches and schools now only apply to liquor stores. Craig Roble said the planning commission would like some guidance from council, and questioned who monitored the percent of food sales. City Attorney Baldwin said the state audits this. Mr. Riggs said the logical places to allow drinking establishments is in the CS Highway Service District and in CI – the Central Business District, as a conditional use permit. These requests would go to the planning commission first with final approval by the governing body. When the county approved liquor by the drink, open bars were not included; therefore, Hillsboro could not allow an open bar. Since the planning commission is in the process of rewriting the zoning ordinance, this is the time to make the change. A public hearing would need to be held, and then the planning commission would make a recommendation to the council, who would then adopt an ordinance to approve the new regulations. After further discussion, motion was made by Council member Dirks and seconded by Council member Watson to direct the planning commission to hold a public hearing to consider liquor by the drink. Motion carried unanimously. 17. ROSEMARY SAUNDERS – GRANTS – The 2006 cost estimate for the Birch/Cedar Street water line replacement was $380,000.00. The 2007 cost estimate is $418,250.00. A public hearing is set for the next council meeting. Requests for proposals for grant administration are also due at the next council meeting. Mrs. Saunders told council she was still tabulating surveys for the fire station grant. The city has received notification that the second amendment to our application for a loan from the Kansas Transportation Revolving Fund for $183,321.00 has been approved. (This will increase the total loan to $556,321.00). Mrs. Saunders said we thought this had been taken care of earlier this year, but there was a mix-up between KDOT and their auditors. We should be getting some additional paperwork to approve. 18. FOLLOW-UP FROM PREVIOUS COUNCIL MEETINGS – A. EMT Request for Purchase of Jackets – deferred 19. DISCUSS DEVELOPMENT OF POLICY ON WHAT INSERTS CAN BE INCLUDED WITH CITY BILLS – Council discussed what can be inserted with the city utility bills. Council was not in favor of allowing any commercial advertising. City Administrator Paine said he would check on the list serve to see what other cities are doing. 20. BUDGET HEARING – The 2008 budget hearing will be Tuesday, August 14th at 4:00 p.m. 21. CITY ADMINISTRATOR’S REPORT – City Administrator Paine said he & Christy Wulf have been going to the Hillsboro businesses so he can be introduced, and he has also been handing out memos with questions regarding his role as city administrator. Staff meetings will be held every Wednesday at 1:30 p.m. The compost site will need to be moved. City Administrator Paine said he was also working on a common bid package for the work that needs to be done at the AMPI building. 22. ADJOURNMENT – Motion was made by Council member Watson and seconded by Council member Dirks to adjourn at 5:58 p.m. Motion carried unanimously. ______________________________ ___________________________________ |