CITY OF OGDEN
CITY OF OGDEN 222 Riley Avenue, P.O. Box C (785) 539-0311 Ogden, Kansas 66517-0843
Council Meeting November 16, 2011
The Regular Meeting of the Governing Body for the City of Ogden was scheduled on Wednesday, November 16,2011 at 7:00 p.m. in City HalL The meeting was called to order at 7:02 p.m. The following members were present; Kenneth Carroll, Ward Nations, Ed Burch, Brian Still and Mayor Pence. Attorney Irvine was present. David Ward was not present. Mayor Pence invited the public to present comments to the Governing Body. Mayor Pence requested that an Executive Session for nonelected personnel and an Executive Session for Attorney/Client privilege be added to the Agenda. Nations moved to amend the Agenda to include an Executive Session for nonelected personnel and an Executive Session for Attorney/Client privilege and approve the amended Agenda. Seconded by Burch. Motion carried. Nations moved to approve the minutes of the November 2,2011 Council Meeting. Seconded by Still. Motion carried. Rose Mary Saunders-Ranson Financial Consultants was not present because the Kansas Water Supply Loan Fund documents had not been delivered by the State of Kansas. Nations moved to table considering the approval of the Kansas Water Supply Loan Fund documents until the December 7, 2011 Council Meeting. Seconded by Carroll. Motion carried. Community Center Coordinator was not present due to illness. Council requested that additional quotes for a computer for the Community Center be obtained from different manufacturers. Rebecca Jury, present, requested an adjustment to the October 2011 sewer charge for Account 3320-12 at 336 9th Street due to a water leak. Nations moved to authorize a refund to the October 2011 sewer charge for Account 3320-12 at 336 9th Street in the amount of$117.45 to Rebecca Jury. Seconded by Still. Motion carried. Virginia Stilley-Ashwood Mobile Home Court, present, requested an adjustment to the October 2011 sewer charge for Account 2840-02 at 412 South Park Street due to a water leak. Mayor Pence commented that the historical sewer charge data for the Account is relatively consistent for the last five months resulting in a variation of approximately $50
1
November 16,2011 from a low to high range of $291.45 - $343.83. Nations commented that typically a water leak results in a spike in consumption from the normal monthly consumption. Nations commented that the historical data doesn't indicate that a leak has been present. The requested adjustment of$28.16, when compared to the October 2011 sewer charge of $341.91, is only an 8% deviation from the annual average sewer charge of $314.75. Carroll moved to deny Virginia Stilley's request for an adjustment to the October sewer charge for Account 2840-02 at 412 South Park Street in the amount of$28.16. Seconded by Burch. Motion carried. Virginia Stilley-Ashwood Mobile Home Court, present, requested an adjustment to the October 2011 sewer charge for Account 4560-02 at 517 South Park Street due to a water leak. Carroll moved to authorize a refund to the October 2011 sewer charge for Account 4560-02 at 517 South Park Street in the amount of$381.79 to Virginia Stilley. Seconded by Nations. Motion carried. Clerk commented that the following have submitted 2012 Cereal Malt Beverage License Applications: Casey's Retail Company-Casey's General Store at 329 Riley Avenue, Patricia Junghans-Ogden Total #22 at 400 Riley Avenue and RMB Enterprises-Ogden Grocery Market.at 301 Riley Avenue to sell CMB in original and unopened containers not for consumption on the premises. Clerk stated that the Riley County Police Department has reviewed the applications and reported no discrepancies. Nations moved to approve the 2012 Cereal Malt Beverage License applications of Casey's Retail Company-Casey's General Store at 329 Riley Avenue, Patricia JunghansOgden Total #22 at 400 Riley Avenue and RMB Enterprises-Ogden Grocery Store at 301 Riley Avenue to sell CMB in original and unopened containers not for consumption on the premises. Seconded by Carroll. Motion carried. Burch recused himself from discussing appointments to the Planning Commission and the Board of Zoning Appeals. Council received a memo from Richard Faulkner-Zoning Administrator regarding the Planning Commission recommendations for appointment to the Planning Commission, Board of Zoning Appeals and an alternate for the Board of Zoning Appeals. Attorney Irvine commented that the appointments would be for the unexpired terms of the vacant positions. Patricia Boetticher has resigned as a member of the Planning Commission and Board of Zoning Appeals. Mayor Pence recommended for appointment the following: Vickie Burch to the Planning Commission until May 2013, Flora Graham to the Board of Zoning Appeals until May 2013 and Michael Coulter as an alternate on the Board of Zoning Appeals until May 2014. Nations moved to accept the appointment of Vickie Burch to the Planning Commission until May 2013, Flora Graham to the Board of Zoning Appeals until May 2013 and Michael Coulter as an alternate on the Board of Zoning Appeals until May 2014. Seconded by Still. Motion carried. Burch participated in discussing the remaining Agenda topics. 2
November 16,2011 Mayor Pence commented that the City Crew periodically cleans out Dry Branch Creek from Riley Avenue to the Brush Landfill. Mayor Pence suggested authorizing the City Crew to clean out Dry Branch Creek from Riley Avenue to the proposed diversion levee adjacent to Stills Ranch Addition Unit 10 as a preemptive step. Since that portion of Dry Branch Creek will, in the future, receive minimal flows as a result of the proposed diversion levee, the cleaning will result in less debris accumulating at the K -114 culvert. Attorney Irvine commented that since this area is not within the City Limits and is private property, he recommended sending notice to the adjacent property owners ofthe intended activity and request that any objection from the property owner be communicated to City Hall. Council agreed. Nations moved to table consideration of the bills of the month until the next meeting. Seconded by Still. Motion carried. Carroll moved to recess into Executive Session, until 7:42 p.m., for nonelected personnel issues. Seconded by Nations. Motion carried. Nations moved to return to the Regular Session. Seconded by Still. Motion carried. Nations moved to solicit applications for the position offulltime Maintenance 1. Seconded by Burch. Motion carried. Nations moved to recess into Executive Session, until 7:55 p.m., for Attorney/Client privilege. Seconded by Burch. Motion carried. Still moved to return to the Regular Session. Seconded by Carroll. Motion carried. Attorney Irvine commented that there are three cell phone provider antennas on the water tower. Two years ago at renewal, one provider's agreement was amended to state that the annual lease would be $10,000 with a 3% annual escalator. Another provider's agreement was amended to state that a one year lease would be $13,000 because they were not interested in renewing the five year lease as a result of their intent to sell their antenna site operation. Into the second year, the provider has sold their antenna site operation to Viaero and the new provider has objected to an annual lease of $13,000. Attorney Irvine stated that Viaero offered to agree to a $9,600 - $10,200 annual lease. Attorney Irvine suggested offering the lease at the current lease amount as negotiated with the current providers. Consensus of the Council was to authorize Attorney Irvine to prepare a lease agreement and obtain the new provider's approval and subsequent Council approvaL Attorney Irvine commented that a memo by Richard Faulkner-Zoning Administrator stated that Riley County has placed a moratorium on erecting billboards along the K-18 Corridor in order to review their regulations. The Planning Commission is recommending that the Council consider implementing the same moratorium in order to review its own regulations and consider the outcome of the Riley County review. Council agreed to have Attorney Irvine prepare a draft ordinance implementing a moratorium on the erection of billboards within the City. 3
November 16,2011 Attorney Irvine commented that he would attend a public auction on December 6, 2011 for the sale of nine multi-family structures in the River Trail Development and report to the Council of the outcome. Nations commented that there is apparently the remnant of an excavation along South Elm Street at 609 South Elm Street that needs some additional dirt due to settling. Mayor Pence inquired whether the Council wished to send a $50 monetary donation to the Good Shepherd Hospice House in memory of Juanita Cox, mother of Patrick Cox-BG Consultants. Council agreed. Nations moved to adjourn the meeting. Seconded by StilL Motion carried. Time: 8:16 p.m.
~Me41 V.....
Vincent L. Kramer II City Clerk
Mayor
4
Council Meeting November 16, 2011
The Regular Meeting of the Governing Body for the City of Ogden was scheduled on Wednesday, November 16,2011 at 7:00 p.m. in City HalL The meeting was called to order at 7:02 p.m. The following members were present; Kenneth Carroll, Ward Nations, Ed Burch, Brian Still and Mayor Pence. Attorney Irvine was present. David Ward was not present. Mayor Pence invited the public to present comments to the Governing Body. Mayor Pence requested that an Executive Session for nonelected personnel and an Executive Session for Attorney/Client privilege be added to the Agenda. Nations moved to amend the Agenda to include an Executive Session for nonelected personnel and an Executive Session for Attorney/Client privilege and approve the amended Agenda. Seconded by Burch. Motion carried. Nations moved to approve the minutes of the November 2,2011 Council Meeting. Seconded by Still. Motion carried. Rose Mary Saunders-Ranson Financial Consultants was not present because the Kansas Water Supply Loan Fund documents had not been delivered by the State of Kansas. Nations moved to table considering the approval of the Kansas Water Supply Loan Fund documents until the December 7, 2011 Council Meeting. Seconded by Carroll. Motion carried. Community Center Coordinator was not present due to illness. Council requested that additional quotes for a computer for the Community Center be obtained from different manufacturers. Rebecca Jury, present, requested an adjustment to the October 2011 sewer charge for Account 3320-12 at 336 9th Street due to a water leak. Nations moved to authorize a refund to the October 2011 sewer charge for Account 3320-12 at 336 9th Street in the amount of$117.45 to Rebecca Jury. Seconded by Still. Motion carried. Virginia Stilley-Ashwood Mobile Home Court, present, requested an adjustment to the October 2011 sewer charge for Account 2840-02 at 412 South Park Street due to a water leak. Mayor Pence commented that the historical sewer charge data for the Account is relatively consistent for the last five months resulting in a variation of approximately $50
1
November 16,2011 from a low to high range of $291.45 - $343.83. Nations commented that typically a water leak results in a spike in consumption from the normal monthly consumption. Nations commented that the historical data doesn't indicate that a leak has been present. The requested adjustment of$28.16, when compared to the October 2011 sewer charge of $341.91, is only an 8% deviation from the annual average sewer charge of $314.75. Carroll moved to deny Virginia Stilley's request for an adjustment to the October sewer charge for Account 2840-02 at 412 South Park Street in the amount of$28.16. Seconded by Burch. Motion carried. Virginia Stilley-Ashwood Mobile Home Court, present, requested an adjustment to the October 2011 sewer charge for Account 4560-02 at 517 South Park Street due to a water leak. Carroll moved to authorize a refund to the October 2011 sewer charge for Account 4560-02 at 517 South Park Street in the amount of$381.79 to Virginia Stilley. Seconded by Nations. Motion carried. Clerk commented that the following have submitted 2012 Cereal Malt Beverage License Applications: Casey's Retail Company-Casey's General Store at 329 Riley Avenue, Patricia Junghans-Ogden Total #22 at 400 Riley Avenue and RMB Enterprises-Ogden Grocery Market.at 301 Riley Avenue to sell CMB in original and unopened containers not for consumption on the premises. Clerk stated that the Riley County Police Department has reviewed the applications and reported no discrepancies. Nations moved to approve the 2012 Cereal Malt Beverage License applications of Casey's Retail Company-Casey's General Store at 329 Riley Avenue, Patricia JunghansOgden Total #22 at 400 Riley Avenue and RMB Enterprises-Ogden Grocery Store at 301 Riley Avenue to sell CMB in original and unopened containers not for consumption on the premises. Seconded by Carroll. Motion carried. Burch recused himself from discussing appointments to the Planning Commission and the Board of Zoning Appeals. Council received a memo from Richard Faulkner-Zoning Administrator regarding the Planning Commission recommendations for appointment to the Planning Commission, Board of Zoning Appeals and an alternate for the Board of Zoning Appeals. Attorney Irvine commented that the appointments would be for the unexpired terms of the vacant positions. Patricia Boetticher has resigned as a member of the Planning Commission and Board of Zoning Appeals. Mayor Pence recommended for appointment the following: Vickie Burch to the Planning Commission until May 2013, Flora Graham to the Board of Zoning Appeals until May 2013 and Michael Coulter as an alternate on the Board of Zoning Appeals until May 2014. Nations moved to accept the appointment of Vickie Burch to the Planning Commission until May 2013, Flora Graham to the Board of Zoning Appeals until May 2013 and Michael Coulter as an alternate on the Board of Zoning Appeals until May 2014. Seconded by Still. Motion carried. Burch participated in discussing the remaining Agenda topics. 2
November 16,2011 Mayor Pence commented that the City Crew periodically cleans out Dry Branch Creek from Riley Avenue to the Brush Landfill. Mayor Pence suggested authorizing the City Crew to clean out Dry Branch Creek from Riley Avenue to the proposed diversion levee adjacent to Stills Ranch Addition Unit 10 as a preemptive step. Since that portion of Dry Branch Creek will, in the future, receive minimal flows as a result of the proposed diversion levee, the cleaning will result in less debris accumulating at the K -114 culvert. Attorney Irvine commented that since this area is not within the City Limits and is private property, he recommended sending notice to the adjacent property owners ofthe intended activity and request that any objection from the property owner be communicated to City Hall. Council agreed. Nations moved to table consideration of the bills of the month until the next meeting. Seconded by Still. Motion carried. Carroll moved to recess into Executive Session, until 7:42 p.m., for nonelected personnel issues. Seconded by Nations. Motion carried. Nations moved to return to the Regular Session. Seconded by Still. Motion carried. Nations moved to solicit applications for the position offulltime Maintenance 1. Seconded by Burch. Motion carried. Nations moved to recess into Executive Session, until 7:55 p.m., for Attorney/Client privilege. Seconded by Burch. Motion carried. Still moved to return to the Regular Session. Seconded by Carroll. Motion carried. Attorney Irvine commented that there are three cell phone provider antennas on the water tower. Two years ago at renewal, one provider's agreement was amended to state that the annual lease would be $10,000 with a 3% annual escalator. Another provider's agreement was amended to state that a one year lease would be $13,000 because they were not interested in renewing the five year lease as a result of their intent to sell their antenna site operation. Into the second year, the provider has sold their antenna site operation to Viaero and the new provider has objected to an annual lease of $13,000. Attorney Irvine stated that Viaero offered to agree to a $9,600 - $10,200 annual lease. Attorney Irvine suggested offering the lease at the current lease amount as negotiated with the current providers. Consensus of the Council was to authorize Attorney Irvine to prepare a lease agreement and obtain the new provider's approval and subsequent Council approvaL Attorney Irvine commented that a memo by Richard Faulkner-Zoning Administrator stated that Riley County has placed a moratorium on erecting billboards along the K-18 Corridor in order to review their regulations. The Planning Commission is recommending that the Council consider implementing the same moratorium in order to review its own regulations and consider the outcome of the Riley County review. Council agreed to have Attorney Irvine prepare a draft ordinance implementing a moratorium on the erection of billboards within the City. 3
November 16,2011 Attorney Irvine commented that he would attend a public auction on December 6, 2011 for the sale of nine multi-family structures in the River Trail Development and report to the Council of the outcome. Nations commented that there is apparently the remnant of an excavation along South Elm Street at 609 South Elm Street that needs some additional dirt due to settling. Mayor Pence inquired whether the Council wished to send a $50 monetary donation to the Good Shepherd Hospice House in memory of Juanita Cox, mother of Patrick Cox-BG Consultants. Council agreed. Nations moved to adjourn the meeting. Seconded by StilL Motion carried. Time: 8:16 p.m.
~Me41 V.....
Vincent L. Kramer II City Clerk
Mayor
4
