CITY OF OGDEN 222 Riley Avenue, P.O. Box C (785) Ogden, Kansas

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1 CITY OF OGDEN 222 Riley Avenue, P.O. Box C (785) Ogden, Kansas Council Minutes August 3, 2011 The Regular Meeting of the Governing Body for the City of Ogden was scheduled on Wednesday, August 3, 2011 at 7:00 p.m. in City Hall. The meeting was called to order at 7:01 p.rn. The following members were present; Ward Nations, Ed Burch, Brian Still and Mayor Pence. Attorney Irvine was present. Kenneth Carroll and David Ward were not present. Mayor Pence invited the public to present comments to the Governing Body. BUTchrequested that the Executive Session be moved to before discussion of a settlement regarding Letters of Credit issued by CoreFirst Bank:. Burch moved to move the Executive Session to before discussion of a settlement regarding Letters of Credit issued by CoreFirst Bank: and approve the amended Agenda. BUTchmoved to approve the minutes of the July 20,2011 Council Meeting. Seconded by Still. Motion carried. James Gordon-Sink, Gordon & Associates, present, presented the 2012 Budget. Gordon commented that the document is an upper limit as what can be spent for each fund. Gordon commented that under the Cash Basis Law there cannot be a negative balance in any budgeted fund and every dollar must be budgeted to spend. Gordon reported that the 2012 Budget is comprised of the following mill levies; General Fund , Debt Service and Employee Benefit , for a combined total mill levy of which is the same mill levy as in Gordon commented that the 2012 assessed valuation is $9,502,621, down from $9,531,895 in Gordon stated that the proposed mill levy would generate $329,160. Gordon stated that the total indebtedness of the City as of January 1, 2011 was $6,849,945. Mayor Pence opened the Public Hearing to hear comments from the public. Attorney Irvine commented that approximately $3.9 Million of Debt Service is attributable to River Trail Units 1,2,5,6, 7, 11 and Sheridan Place Presently, cash from the General Fund is being utilized to pay the Principal and Interest because of the nonpayment of the Special Assessments. Gordon commented that the State of Kansas Division of Accounts and Reports has informally instructed that the proper procedure is to transfer from the Capital Improvement Fund to the Debt Service Fund to disburse Principal and Interest payments and then reimburse the Capital Improvement Fund by a transfer from the General Fund. Gordon stated that he will request the State to provide that instruction in writing to the City. 1

2 August 3,2011 Attorney Irvine commented that there are many different aspects to the bankruptcy/foreclosure issues related to the River Trail/Sheridan Place Development. Attorney Irvine commented that in addition to the General Fund money there are other possible opportunities to receive supplemental payments through the bankruptcy, outstanding Letters of Credit and KDOT purchase of right-of-way. Attorney Irvine commented that the Banks are not optimistic in the completion of the future development plan regarding the undeveloped lots within River Trail Units 1,5,6 & 7, which potentially becomes the City's biggest exposure. Attorney Irvine stated that whenever a sale takes place, whether through bankruptcy or foreclosure, the first thing that gets paid from the proceeds is the outstanding taxes and special assessments. Attorney Irvine commented that in the future, the City may have to entertain a plan. from a developer that changes the existing development plan to one that may be better suited for the site. Mayor Pence closed the Public Hearing. Nations moved to adopt the 2012 Budget as prepared by Sink, Gordon & Associates. Mariah Bracebridge-Community Center Coordinator, present, reported that the Spring Soccer and Summer Baseball Sports Banquet was held on July 28, Bracebridge commented that the VFW generously paid for the Swimming Pool rental fee and pizza. Bracebridge submitted two bids for a new scoreboard for the Puett Family Ballfield: Athco, LLC - $2,600, Power Ad Company, Inc. - $3,700. Bracebridge commented that both have a wireless control conversion option for $775 and $650, respectively. Nations commented that the reason the existing scoreboard does not work is because of the wireless component of the electronic motherboard not being removed during the winter. Nations preferred the hard wiring of the scoreboard. Clerk suggested that ifhardwire installation is authorized, an outside connection would be desirable for operation from the bleachers. Burch suggested a cost comparison of wireless versus hardwire installation. Nations commented that the wireless unit could be better because of technology advancement, but maintenance instructions along with an inquiry to the City of Manhattan regarding equipment reliability would need to be investigated. Bracebridge commented that the Soccer program would need up to three sets of soccer goals and the cost ranges from $800-$1,500 for each goal. The goals are made of aluminum. Bracebridge commented that the City of Manhattan makes their goals and purchases the nets. The cost of nets range from $30 to $50 each. Still suggested contacting a local welder for a quote to fabricate the goals. Bracebridge commented that there are no uniforms for the soccer or flag football teams. Screen Machine has quoted a price of $24 per uniform. The registration fee per child is $25 with a $25 uniform deposit. Council was in agreement of purchasing the uniforms. Bracebridge suggested installing a baby changing station in the Swimming Pool Bathhouse for approximately $185. Council was in agreement of the purchase. Bracebridge commented that there were not enough mats in the Swimming Pool Bathhouse to prevent injury due to slips and the rescue tubes need replaced. Bracebridge reported that Tuesday, August 9, 2011 will be the last day for the season for the Farmers Market in the City Park. 2

3 August 3,2011 Pam Gieber, representing John Gieber III-East Kansas Plumbing, Heating & Air, requested a Plumbing Contractor License. Still moved to grant John Gieber III-East Kansas Plumbing, Heating & Air, a Plumbing Contractor License. Seconded by Nations. Motion carried. Pam Gieber, representing John Gieber III-East Kansas Plumbing, Heating & Air, requested an Electical Contractor License. Still moved to grant John Gieber III-East Kansas Plumbing, Heating & Air, an Electrical Contractor License. Seconded by Nations. Motion carried. Ron Wehl, present, requested an Occupational License for Wehl Auction Time at 1201 South Walnut Street. Wehl commented that the auctions would be of a consignment nature. Burch moved to grant Ron Wehl an Occupational License for Wehl Auction Time at 1201 South Walnut Street. Seconded by Nations. Motion carried. Attorney Irvine recommended that the Planning Commission appointment not be addressed at this time. Attorney Irvine commented that the proposed appointee is a resident of the City but the Zoning Regulations require two members to be county residents residing within a distance of three miles from the City Limits. Presently there is only one county resident on the Planning Commission. Attorney Irvine commented that the Planning Commission is questioning whether that requirement should continue and whether there was any reasoning behind the requirement. Attorney Irvine questioned whether there was any interest from the Council to revisit the requirement and to reconsider whether to make it mandatory or discretionary. Still commented that he prefers that two Planning Commission members reside in the County in order to offer a different perspective on issues. Burch commented that some Planning Commission members are inquiring why county residents are making decision regarding City Issues. Attorney Irvine stated that State Law allows the City the opportunity to control a three-mile area around its borders with regard to planning and zoning issues by use of an Extra- Territorial Zone (ETZ). That process must be in conjunction with Riley County. The City does not have ETZ authority. The ETZ requires that two members of the Planning Commission be county residents. Therefore, the City is not required to have Planning Commission representation consisting of two county residents. There is nothing to preclude the City from having county resident representation on the Planning Commission. Nations moved to place the topic of changing the membership requirement of the Planning Commission on the August 17, 2011 Council Meeting. Seconded by Burch. Motion carried. Nations moved to adopt Ordinance #668 - Adding Amending the Zoning Regulations of the City of Ogden, Kansas, Pertaining to Setbacks Regulations for Terraces, Steps, Decks and Other Similar Structures. Burch moved to adopt Ordinance # Adding Amending the Zoning Regulations of the City of Ogden, Kansas, Pertaining to the Granting of Exceptions by the Board of Zoning Appeals. 3

4 August 3, 2011 Attorney Irvine commented that the Zoning Regulations set up a process whereby Exceptions can be granted by the Board of Zoning Appeals but omitted the circumstances where Exceptions could be granted. The Ordinance allows the granting of Exceptions to: Intensity of use standards, Height standards, Yard standards and Any requirement related to the number of off-street parking spaces. Attorney Irvine commented that decisions regarding the granting of Exceptions will be subj ective with the discretion of the Board of Zoning Appeals. Decisions of the Board of Appeals can be appealed to the District Court. Attorney Irvine commented that whenever a demolition of a structure exceeding 120 square feet is to be undertaken, then a demolition permit must be obtained and a demolition fee of $50 paid. The ordinance requires that the sewer be capped, protection ofthe property during the process, completion within 30 days, and property filled to grade. Demolition of mobile homes are regulated by a different ordinance. Attorney Irvine commented that if a Building Permit is obtained in conjunction with a Demolition Permit then the demolition fee is waived. Attorney Irvine commented that no surety bond is required. Nations commented that the proposed ordinance authorizes the City to enforce the requirement to cap a sewer line or dispose of hazardous material properly because presently there is no authorizing regulation. Attorney Irvine stated that the proposed ordinance requires that all State and Federal regulations are complied with. Nations commented that there is a cost of administering the Demolition Permit and confirming compliance with the ordinance thus the justification for the $50 demolition fee. Still moved to table the topic of demolition of structures until the August 17, 2011 Council Meeting. Nations moved to adopt Ordinance #670 - Regulating Traffic Within the Corporate Limits of the City of Ogden, Kansas; Incorporating by Reference the "Standard Traffic Ordinance for Kansas Cities," Edition of2011, With Certain Omissions, Changes and Additions; Prescribing Additional Regulations; Providing Certain Penalties and Repealing Ordinance No. 659 and All Other Ordinances in Conflict Therewith. Nations moved to adopt Ordinance #671 - Adopting the Uniform Public Offense Code for the City of Ogden, Kansas and Repealing Ordinance No. 660, and All Other Ordinances in Conflict Therewith. Still moved to recess to Executive Session, until 9:00 p.m., for Attorney/Client privilege. Nations moved to return to the Regular Session. Attorney Irvine requested the authority to resolve the River Trail/Sheridan Place Letters of Credit as issued by CoreFirst Bank should a settlement be offered. Attorney Irvine commented that he is expecting payment on the Letters of Credit in the amount of $563, Attorney Irvine stated that should CoreFirst Bank make an offer of payment in the amount of$563, he is requesting authorization to exchange the Letters of Credit for the payment. 4

5 August 3, 2011 Nations moved to authorize Attorney Irvine to exchange the River Trail\Sheridan Place Letters of Credit for $563, should an offer from CoreFirst Bank be made. Nations commented that there is playground equipment stored at the City Shop that was purchased with Riley County Park and Recreation Board funds and should be installed. Mayor Pence stated that Terry Morrand, Jr.-Interim City Foreman and Kenneth Carroll was arranging for its installation. Mayor Pence commented that Morrand was investigating a material for cushioning the playground area. Burch commented that filling the City Foreman position should be an Agenda item for the next meeting. Burch commented that there is a small pothole at 6 th Street and South Walnut Street that needs to be repaired. Burch inquired whether there was a place for the public to go and wait during an Executive Session during inclement weather. Still commented that the City Crew should use a straightedge when painting the parking stall stripes along Riley Avenue. Still inquired how many hours the Interim City Foreman was working. City Clerk commented that generally the number of hours alternate from 16 hours to 24 hours per week. Mayor Pence commented that the Ll.P. R.R. began installing riprap along the tracks east of South Elm Street. The City Clerk informed the U.P.R.R. Crew that their Floodplain Development Permit had been denied in a letter from Attorney Peter Rombold and they were in violation of the City Ordinance. The U.P.R.R. ceased their operation. Attorney Rombold received a response from the U.P.R.R. on Friday, July 29,2011 stating that they have no alternative but to continue the project as previously outlined in their letter of intent. On Saturday, July 30, 2011 the u.p.r.r. continued and finished their project. Clerk commented that he has requested from Attorney Rombold for options available to the City but has not received a response. Nations moved to adjourn the meeting. Time: 9: 10 p.m. Vincent L. Kramer II City Clerk Mayor [;! 5