September 19, 2022 Commission Minutes

September 19, 2022 Commission Minutes

September 19, 2022 Commission Minutes

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Regular Meeting

September 19, 2022                                                                                                               5:00 P.M.

Vice-Mayor J. J. Howard called the meeting to order with Commissioner Ann Myers and Commissioner Brook Redlin responding to roll call.  Mayor Aaron Thompson and Commissioner Showalter were reported absent.

Also present were Jason Erhart – Assistant Chief of Police, LeAnn Taylor – Municipal Court Judge/Clerk, Joshua Jordan – IT Director, Kenton Keith – Director of Streets and Facilities, Neal Thornburg – Director of Water and Wastewater, Danny Krayca – Director of Parks, Jeff Dinkel – Code Enforcement/Building Official, Mary Volk – City Clerk and Kent Brown – City Manager.

Vice-Mayor Howard led Pledge of Allegiance


  1. Unfit Structure: 1514 Caldwell Ave. – Vice-Mayor Howard opened public hearing for the unfit structure at 1514 Caldwell Avenue at 5:01 p.m.  Jeff stated, you have a timeline of events for property since April.  As of today, nothing has changed on property.  I tried contacting property owner with no response.  Another neighbor was there today indicating they removed some dead animals because of the smell.  Property owner has not been in the property for two years because of concern with the shape of the house.  Vice-Mayor Howard closed public hearing for the unfit structure at 1514 Caldwell Avenue at 5:03 p.m. 



  1. 09/06/2022 Commission Meeting Minutes
  2. Appropriation Ordinances: 2022-18, 2022-18A, and 2022-P18

ON A MOTION by Commissioner Redlin to approve Consent Agenda seconded by Commissioner Myers.  MOTION carried on a VOTE of 3-0.


  1. Wastewater Digester Rehabilitation: Abrasive Blasting & Coating Proposal – Neal stated, the wastewater plant has been down a couple months for repairs.  While the system is down and empty, we need to sandblast and paint equipment.  If we wait until a later date it will cost an additional $14,000 to drain clarifier again.  We received two solid bids, one budget bid and three vendors did not reply.  Coating is a very thick coating to comply with corrosives in clarifier.  Rod Butts has rebuilt the equipment and with the new components we need to sandblast and paint the equipment to prevent corrosion.  Kent stated, KDHE recommends recoating every ten years; it has been more than twenty.  You have to drain clarifier in order to apply coating.  This is a big ticket item that we have been trying to determine if we really need.  Once it was drained and we did repairs, it became a priority.  ARPA funds will be used for repairs on this project instead of a belt press, that we no longer feel is needed.  With the bids we received, the original quote was not out of line.  The budget bid was $95,000 plus it would not be completed until spring so they do not guarantee quote, plus will require additional $14,000 to drain clarifier again.  Other bids are from Brand Safway, in the amount of $111,000 plus a 5% performance bond and Mongan, in the amount of $131,500.   Neal stated, another reason to sandblast and paint now is that we have by-pass permit.  If we wait until spring we would have to contact State again for another permit.  We have been in contact with KDHE so they know what we are currently doing project.  Vice-Mayor Howard asked, which company can complete project quickest?  Neal stated, Mongan is waiting to hear from us then will send people out.  Brand Safway also knows the urgency of completion.  UMC will take 4 weeks to complete but will not start until spring.  Right now everything is bypassing plant to the pond.  I have spoken with both Mongan and Brand Safway representatives who have visited site.  Kent stated, either one of them will complete within one to two months.  If commission would like staff to proceed, we would ask commission to direct staff to complete contract documents with City Attorney for the work, then have Mayor sign contract.  We will utilize ARPA funds to pay for project.  Neal stated, I feel either company will complete project as they both have looked at plant.  Vice-Mayor Howard asked, do we know what warranty is on product?  Kent stated, time frame to get product is two weeks from order.  Warranty from Brand Safway is one year from date of application.  Any warranty of material will be that of manufacturer.  ON A MOTION by Commissioner Redlin to direct staff to work with the City Attorney to complete contract documents for the sandblasting and repainting of clarifier by Brand Safway in the amount of $111,000 plus 5% for performance bond, then have Mayor sign contract and utilize ARPA funds for project, seconded by Commissioner Myers.  MOTION carried on a VOTE of 3-0. 
  2. Ordinance 1757: Standard Traffic Ordinance (STO) – LeAnn stated, annually the City adopts the STO and UPOC.  The STO is traffic ordinances while UPOC is criminal ordinances.  The League of Kansas Municipalities puts together books so each city can adopt the total book.  Only major changes this year on STO is DUI’s where the State allows us to waive fines if we choose, as long as we do not waive State fees and on a commercial driver’s license you cannot divert charges to keep off driving record.  All other changes are very minor. ON A MOTION by Commissioner Myers to approve Ordinance 1757: Standard Traffic Ordinance (STO) seconded by Commissioner Redlin.  MOTION carried on a VOTE of 3-0.
  3. Ordinance 1758: Uniform Public Offense Code (UPOC) – ON A MOTION by Vice-Mayor Howard to approve Ordinance 1758: Uniform Public Offense Code (UPOC) seconded by Commissioner Myers.  MOTION carried on a VOTE of 3-0.


  1. Cemetery Board Request on Code Change Regarding Cemetery Hours and Violation – Kent stated, this request was discussed at cemetery board meeting to change cemetery hours to sunrise to sunset.  Signage at cemetery follows City Code for 8:00 a.m. to 5:00 p.m.  The concern is without gates setting the time is obsolete with no restriction to enter property.  Dick Hayden, Cemetery Board President stated, without gates people are in cemetery during other hours.  If we keep code as is, they can be charged with trespassing if beyond set hours.  Kent stated, we would like to be more consistent if light outside.  Jason Erhart stated, another change we would like in code is change wording in code to may be guilty of criminal trespassing instead of shall.  If we can put additional signs up for people to notice hours it would help.  Consensus of commission is to change current code as requested. 


  1. City Manager – 1.  Manager memo is in packet.  2. I contacted County Clerk, the sales tax question is set for the ballot in November.  3.  County approved their portion of increase on animal control contract up to $900 per month.  At joint meeting the increase discussed was $27,000 to $36,000.  The difference in budget approved is $800.  Direction at last meeting was not to go beyond approved budget.  We have not presented contract at County Commission meeting.  4. Andrew Brunner stated, we anticipated runway being done last week but they had equipment breakdown and to move PAPPI, they need an FAA inspector on site.  Our hope is to have runway open for visual landings by end of the week.  Mary asked, has FAA approved change order?  Andrew stated, I believe verbally but will check to make sure.  5.  LeAnn gave update on municipal court.  Last year at this time we had 219 cases compared to 199 this year.  Looks like most crimes were against property which are down this year.  6.  Included in packet is police monthly activity report.  7.  Had a request from Art Center to close down parking lot and street in front of center for Flatlanders.  It causes issues because part of lot is used for tenants and business owners adjacent to lot.  They are having a black smith demonstration in the lot.  There has been some consternation raised on closing lot.  Vice-Mayor Howard asked, have people using lot been contacted?  Kenton stated, I do not believe they have been contacted.  Commissioner Redlin asked, do we close side streets?  Kenton stated, this year the request is close all of Main Street from Center to Broadway.  As far as Art Center we had issue with tenants and business owners that needed lot last year so posted for Art Center and Tenant Only Parking.  Tanner is new at center and needs to put blacksmith in lot for demonstration.  Commissioner Redlin stated, the tenants have right to use parking spot.  I recommend reserve spots for those that use lot all the time to eliminate others using lot.  Kent stated, we will contact Tanner for clarification.  I feel it is to keep distance between demonstration and vehicles.  Commissioner Redlin stated, I feel if that is relayed to them, they may be in agreement.  Vice-Mayor Howard stated, ask if they mind moving, if not, they have a right to the lot.  8.  I have talked to the Division of Agriculture about our water rights.  We have well #11 that is our biggest producer but not able to pump in winter because rights are only 46,000,000 gallons.  Well #9 is south of it with rights for 81,000,000 gallons.   In talking with division, to increase authority for #11, they recommend we swap the authority for the two wells which will change point of diversion but not total water rights.  Commissioner Redlin asked, what do we use annually in well 9?  Neal stated, I do not have that information with me.  On well #11 we shut it down first to mid-August then only pump once in a while to prevent stagnant water.  Kent stated, this will be for future years.   Commissioner Redlin stated, sounds like a smart move.  Kent stated, it will take a while to complete process as have to contact neighboring well owners.  Consensus of Commission is to proceed with process to swap authority in two wells.  Vice-Mayor Howard stated, that will take stress off the other wells.  Neal stated, the problem this year is there has not been any relief with moisture.
  2. City Commissioners

Vice-Mayor Howard – 1.  No Report 

Commissioner Showalter – 1.  Absent, No Report

Commissioner Myers – 1.  No Report 

Commissioner Redlin – 1.  No Report 

  • Mayor Thompson1.  Absent, No Report

ADJOURNMENT WAS HAD ON A MOTION BY Commissioner Redlin seconded by Commissioner Myers.  Motion carried by unanimous VOTE, meeting adjourned at 5:50 p.m.  Next meeting is scheduled for October 3, 2022.


ATTEST:                                                                               J. J. Howard, Vice-Mayor


Mary P. Volk, City Clerk