CITY OF CHENEY Minutes OF THE REGULAR CITY COUNCIL

CITY OF CHENEY Minutes OF THE REGULAR CITY COUNCIL 131 N MAIN ST COUNCIL CHAMBERS, CITY HALL May 12, 2011; 7:00 P.M. HONORABLE MAYOR BALL AND MEMBERS OF THE COUNCIL CALL MEETING TO ORDER MEMBERS PRESENT Mayor Linda Ball declared a quorum present at 7:00 PM and called the regular meeting of the Cheney City Council to order on Thursday May 12, 2011. Council members present were Jeff Albers, Angie Gregory, Greg Kampling, Carl Koster, and Philip Mize. City staff present were Randall Oliver, City Administrator; Danielle Young, City Clerk; Atty. Lee Parker; Brad Ewy, Fire Chief and Maintenance Superintendent; Howard Bishop, Police Chief; Kevin Fowler, Golf Course Superintendent, Evelyn Mize, Utility Clerk; Mary Bronston, Deputy City Clerk. Guests present were Scott Hedley and Tim Misian, Sedgwick County EMS; Kim Hynes, KWCH; Travis Mounts, Times Sentinel; Dean and Diane Crossman, Cora Petz, Jacquelyn Harrison, Chad Harrison, Brian Rohloff, Russ Harrison, Zach Henson, Andrew Schmidt, Kelly Wolke, Amy Black, Eileen Black, Carla and Fred Wright, Derek Cooper, Mark Graf, J.L. McCormick, Jerry Leroux, Lavina Smith, Janene McCormick, Paul Burdick, Galen McCormick, Eric Meitner, McKay Ewy and Austin Parker. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG DETERMINE AGENDA ADDITIONS City Administrator Randall Oliver presented Mayor Ball with a plaque for serving on the City Council for 30 consecutive years, since April 30, 1981. CONSENT AGENDA All matters listed on the Consent Agenda are considered one motion and will be enacted by one motion. There will be no separate discussion on these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. a) Approve bills list. b) Approval of minutes for the April 14, 2011 City Council meeting c) Building Permit Jarod Eck Construction- 509 Aetna (new home) d) Building Permit Jerry Ralstin- 314 N. Marshall (shed) e) Building Permit Silas Driskill- 522 Wolf (shed) f) Building Permit Greg & Christy Tackett- 436 Teal Lane (pool) g) Electrical Permit Cheney Electric- 914 N. Main h) Manufactured Home Permit- Rebecca Gillespie 915 Filmore Lot 33 i) Plumbing Permit- Cheney Electric- 914 N. Main j) Roofing Permit- Kansas Home Source- 301 Washington k) Roofing Permit- Bill Hoffine Home Repair- 223 N. Marshall l) Roofing Permit- Paul Burk- 517 N. Adams m) Sign Permit- Luminous Neon Sign- 915 N. Main n) Sign Permit- Luminous Neon Sign- 914 N. Main Council member Carl Koster moved to adopt the Consent Agenda as listed. 1

Council member Greg Kampling seconded the motion. Motion carried unanimously. Mayor Ball read a letter of resignation from Sgt. Gary Davis. Council member Carl Koster moved to accept Sgt. Davis resignation. Council member Angie Gregory seconded the motion. Motion carried unanimously. PUBLIC AGENDA (Please limit comments to 5 minutes) Galen McCormick of 902 N. Filmore was present to discuss the shed that was built next to his house. McCormick has had three attorneys review the City s permit for Coykendall s shed located on N. Filmore. McCormick provided copies of two legal opinions he received regarding the shed to the City Clerk. McCormick read the legal opinion points to the council. Since the shed was built next to their house, McCormick felt that it had decreased the value of his home. He had plans to build a home north of Cheney and the realtor who was going to sell their house on 902 N. Filmore wanted to know if the shed was theirs. Since the shed does not belong to McCormick s, the realtor felt that the shed would hurt the resale of their house. McCormick stated that he appealed his county appraisal this year, reducing his homes value by $10,500. McCormick stated that Coykendall built his shed on an adjoining lot. Coykendall s shed sits on a lot facing Filmore St. and his house is located at 825 Lincoln. Council member Carl Koster and Angie Gregory both stated that they had not received a letter from McCormick concerning this matter. McCormick stated that Gregory s name was not listed on the website and that he had sent a letter to Koster. Council member Carl Koster asked what McCormick s request was. McCormick responded by stating he wanted the City to abide by its codes. And asked what he is supposed to do with $10,000 worth of loss? McCormick also wanted Parker to write him a letter stating that the shed is per code. Koster asked McCormick if the county took into consideration when decreasing his home s value that it was located next to a mobile home park. McCormick believed that is a separate issue. City Administrator Randall Oliver stated that several lots in town are only 25 ft. wide and several structures in Cheney sit on more than one City lot. Attorney Lee Parker stated he had talked with McCormick s attorneys and had told them his interpretation. Mayor Linda Ball asked McCormick if he had talked to Coykendall before he started building the shed. McCormick responded by saying that he had and that he thought the shed was per code. McCormick also handed out a worksheet on yards and setback guidelines to council members. Scott Hadley, Sedgwick County Director of EMS had a presentation on ambulance response time to Cheney. He had last spoken with the City Council at the September meeting to discuss this issue. In his presentation, he showed that the response times from 2010 to 2011 had decreased, even though the station had moved 3 miles further from Cheney. Hadley stated the reasons for improving the response time was because they moved a unit late in fall 2010, a new ambulance was put into service on the street which has 2

helped the overall system call demand and St. Theresa Hospital on the west side puts an available unit on the west side when dropping a patient off at that hospital. He also stated that the unit is staying in its quarters longer in Goddard than when it was at the Andale station. Other presentation information also showed that in 2010 Medic 37 was only responding to Cheney for 32% of its calls. In 2011, Medic 37 has responded to 67% of its call. Hadley told the Council that he would like to keep them updated throughout the year by communicating to the city and citizens and would like for the City to call him whenever there are questions or concerns. Hadley is hopeful that the response time will continue to improve. Council member Carl Koster stated that he was concerned about the population in the southwest corner of the county. Council member Greg Kampling asked about putting an ambulance at the new station along Viola Rd. Hadley said an ambulance that has not been ruled out, as it has been a topic of discussion. Dr. Steve Gould was unable to make the meeting to talk about fluoride in the City s drinking water. He had sent information regarding fluoride for the council members to review. Dan Ralstin was not present as he has decided he will not be pursuing Fireworks. OLD BUSINESS The Police Firing Range, which had been tabled from last month, was discussed. Administrator Randall Oliver stated that Chief Bishop would like for the item to be tabled indefinitely and Bishop will work with Lake Afton and Cheney Lake on using their firing ranges. Council member Jeff Albers addressed the citizens who were present by stating that the council members had looked into the issue since the last meeting and decided other venues could be used. The City was only looking at this option because with the land farm agreement there was going to be enough dirt at the site to build the berm for the firing range. It was asked if the site was ever approved would it be open to the public. It was stated that it would not because of insurance liability. Council member Jeff Albers moved to table the firing range indefinitely. Council member Carl Koster seconded the motion. Motion passed unanimously. Council member Greg Kampling also commented to the public that the brush site is currently only open on the 1 st and 3 rd Saturdays of the month because of illegal dumping. NEW BUSINESS ELECTION OF COUNCIL PRESIDENT Each year a Council member is elected to serve as Council President. This person will fill in for the Mayor in her absence. Council member Carl Koster moved to nominate Philip Mize as the President of City Council. Council member Jeff Albers seconded the motion. Motion carried unanimously. 3

CONSIDERATION OF MAYOR BALL S APPOINTMENTS FOR 2010-2011 Mayor Ball requested Council confirmation on the following appointments for 1year term: City Administrator: City Clerk: Police Chief: Fire Chief: City Attorney: Municipal Judge: City Prosecutor: City Treasurer: Police Office Randall Oliver Danielle Young Howard Bishop Brad Ewy Lee Parker Gregory Keith Alison McKenney-Brown Roger Brown Gary Davis Craig Pittman Shawn Fowler Michael Jewell Shawn Davis as of June 6th Council member Carl Koster moved to confirm the Mayor s appointments. Council member Greg Kampling seconded the motion. Motion carried unanimously. CONSIDERATION OF MAYOR BALL S APPOINTMENTS FOR THE RECREATION BOARD Mayor Ball requests Council confirmation on the following appointments for 4- year term: Heidi Wells Council member Philip Mize moved to confirm the Mayor s appointments. Council member Carl Koster seconded the motion. Motion carried unanimously. CONSIDERATION OF THE CITY TO CO-SPONSOR A BANNER FOR THE RODEO AT THE SEDGWICK COUNTY FAIR WITH THE CHENEY AREA CHAMBER OF COMMERCE In the past two years, the City has matched Chamber s donation of $200.00 for the Fair Bull Blow Out event. It is staff recommendation that we match Chamber s donation for the banner in the amount of $200.00. Council member Greg Kampling moved to co-sponsor a banner with the Chamber at a cost of $200. Council member Angie Gregory seconded the motion. Motion carried unanimously. CONSIDERATION OF SETTING THE FEES FOR THE CITY WIDE CLEANUP DAY JUNE 11, 2011 The city wide cleanup day has been set for June 11 th. A fee schedule has been created to help cover the cost of this service. There were no changes to the fees this year. Staff recommended approving the fee schedule for the 2011 cleanup day. Council member Jeff Albers moved to approve the June 11 th cleanup day fees as proposed. 4

Council member Carl Koster seconded the motion. Motion carried unanimously. CONSIDERATION OF MAYOR BALL S APPOINTMENTS FOR CITY PLANNING COMMISSION Mayor Ball requested Council to confirm the following appointments to the Planning Commission for a 3-year term. All appointees currently serve on the Planning Commission. Jeremy Pauly Rusty Wulf Cory Miller Council member Angie Gregory moved to confirm the Mayor s appointments. Council member Greg Kampling seconded the motion. Motion carried unanimously. POLICE REPORT Police Chief Howard Bishop stated the department had been busy as they have been working a run-away case. Bishop commented that the police force is almost back to full staff. The new police car is in, but the department has not received it yet as it is awaiting decals to be put on before putting it into service. Sergeant Davis will run the Police Reserve force after retiring in June. June 3 rd will be Sgt. Davis retirement party at City Hall. FIRE REPORT Police Chief Brad Ewy presented a Mutual Aid Agreement with Sedgwick County and asked for the Council to approve it. This agreement would allow for mutual aid within the county to begin automatically. Council member Carl Koster moved to adopt mutual aid agreement with Sedgwick County and authorized the Mayor to sign the agreement. Council member Greg Kampling seconded the motion. Motion carried unanimously. MAINTENANCE REPORT Maintenance Superintendent Brad Ewy stated that they are finished at the pool and will begin projects at the Golf Course next. They will also be working on the City Sign along Highway 54 and will start finishing the project at Budd Park. Ewy reported that he received a bid from APAC on street repairs and the quote reflects the increased price of oil and asphalt. Ewy would like to contract with APAC for the amount in the street budget and not to exceed the street budget limit. This contract would include laying the additional lane along the west side of N. Main. The maintenance department plans to slurry seal some streets. Administrator Oliver stated that overall the streets are in pretty good shape. Council member Carl Koster stated that the City should contact the dentist office for their opinion regarding fluoride in the water. Ewy stated that fluoride is an acid and it also eats away at the well houses. Administrator Oliver had contacted the State of Kansas for their opinion and they believe the City should research the entire effects of fluoride before making a decision as they believe fluoride is a beneficial additive. It costs around $2800-$3000 a year to add fluoride to the water. The City will need to notify the state if it is decided to no longer add fluoride to the water. Ewy also mentioned that the process has begun for the new cell tower by running fiber optic cable from the AT &T building to the tower. 5

GOLF COURSE REPORT Golf Course Superintendent Kevin Fowler reported the greens are back to normal and the new mowers are working well. The cart path and fence projects are beginning to start at the Golf Course as well. Golf Course Pro-Shop Manager Patrick Jordan was absent. ADMINISTRATOR S REPORT City Administrator Randall Oliver reminded everyone that the SCAC meeting will be held on May 21 st at Cheney City Hall. It will begin at 8:30 am and everyone is welcome to attend. Oliver reported that the City has been working with the Chamber to start a Shop at Home campaign. Cheney Bucks will be available next week at City Hall with a $200 buying limit. Oliver asked Council about looking into the current golf cart ordinance. Citizens have expressed that they would like to be able to drive them at nighttime if they have headlights, taillights and blinkers. Attorney Lee Parker will redraft the ordinance and bring it back next month. Parker commented that other cities are also dealing with this problem. ATTORNEY S ITEMS Attorney Lee Parker updated the council on the annexation law that was recently passed. If annexation is over 40 acres it will go down to a county determination and a vote must be present. The new law has also narrowed the amount of time to have a service plan in place from 5 to 3 years. CLERK S ITEMS City Clerk Danielle Young reminded everyone that tickets were available for the Wingnuts game on May 20 th. MAYOR S ITEMS Mayor Ball thanked the City for the plaque for her 30 years of service. COUNCIL ITEMS Greg Kampling stated that he has noticed three abandoned trailers in the east trailer lot. It was determined that there are plans for the trailers. Carl Koster had nothing to report. Angie Gregory had nothing to report. Jeff Albers stated that he had been contacted as Chamber President by KISN radio station. Plans are being worked out to have the radio station broadcast live from Cheney this summer. Philip Mize had nothing to report. EXECUTIVE SESSION Attorney Lee Parker requested to enter into executive session for attorney-client matters. Council member Angie Gregory moved to go into executive session for attorney-client privilege for 25 minutes at 9:01. Council member Greg Kampling seconded the motion. Motion carried unanimously. Mayor Ball stated Council was back in regular session at 9:26 PM with no binding action taken. Council member Jeff Albers moved to go back into executive session for 30 minutes at 9:27. Council member Carl Koster seconded the motion. Motion carried unanimously. 6

Mayor Ball state Council was back in regular session at 9:57 with no binding action taken. Council member Carl Koster moved to go back into executive session for 20 minutes at 9:59. Council member Jeff Albers seconded the motion. Motion carried unanimously. Mayor Ball stated Council was back in regular session at 10:19 with no binding action taken. ADJOURN Council member Carl Koster moved to adjourn at 10:23 p.m. Council member Angie Gregory seconded the motion. Motion carried unanimously. Linda Ball, Mayor (Attest) Danielle Young, City Clerk 7