City Contact Information:

City Office-414 Main St.

Clerk-Pat Strine, Office                 913-833-4471

City Manager-Buzz Faught            913-833-4471

Email:  effcity@carsoncomm.com

Emergencies Call      911

City Council     phone            email

James Potts-Mayor     913-833-9381     overgoods@yahoo.com

Kirk Kloepper             913-833-5421

Mike Gerety                913-833-2465

Mark Hurst                  913-833-5231

Robert Blunt               913-833-9351

Kirk Wohlgemuth      913-833-5435

CITY OF EFFINGHAM

CITY COUNCIL MEETING MINUTES

MARCH 4, 2009

COUNCIL MEMBERS PRESENT WERE:  KIRK WOHLGEMUTH, BOB BLUNT, MARK HURST, KIRK KLOEPPER AND MIKE GERETY.  MAYOR JIM POTTS CALLED THE MEETING TO ORDER AT 7:00 P.M.

Blunt moved to accept the minutes of the previous meetings as written.  Hurst seconded the motion.  The motion carried unanimously.

Kloepper moved to approve and pay the bills.  Blunt seconded the motion.   The motion carried unanimously.

The swimming pool project was discussed.  The work is going well.  They are about 75% done with the demolition and should begin forming-up next week.  Continental Pools expects to complete the project before the June 15^th deadline.

City Superintendent, Buzz Faught reported on the water project.  The chlorine building has been built and pipe is being installed.  There will be 40 new services installed when the new lines are completed.  Contractors Application for Payment No. 2 from Engemann Drainage Co., Inc. in the amount of $64,298.28, Kramer Engineering Invoice 6964 in the amount of $6,804.00 and KPWSLF Payment Request No. 15 in the amount of $71,102.28 were submitted to the council for consideration.  Hurst moved to approve KPWSLF Payment Request No. 15 and to pay Engemann’s payment request no. 2 and Kramer’s invoice 6964 with the funds when received.  Gerety seconded the motion.  The motion carried unanimously.  Contractors Application for Payment No. 3 from Maguire Iron, Inc. in the amount of $76,000.00 and CDBG Request for Payment No. 3 in the amount of $76,000.00 were also considered by the council.  Hurst moved to approve CDBG Request for Payment No. 3 in the amount of $76,000.00 and to pay Maguire Iron, Inc. with the funds when received.  Blunt seconded the motion.  The motion carried unanimously.  Change Order No. 1 in the amount of $950.00 for additional electrical expenses at the chlorine building was submitted to the council.  Wohlgemuth moved to approve Change Order No. 1.  Kloepper seconded the motion.  The motion carried unanimously.

Pool committee member Nancy Keith reported on funds raised toward the purchase of equipment for the pool.  We now have over $5,000.00 in the account with more pledged.  The KFC fundraiser will be in the Blue Building on March 25^th.  Tickets will be sold for fried chicken dinners.  There will also be a raffle and/or door prizes and entertainment.  Mayor Potts commented that he is very pleased with the response from the community and with their generosity.  It is wonderful to see everyone contributing and working together in this effort.  The council agreed.  Kate Oswald told the council that she and her daughter are planning a 2K/5K fun run/walk to be held on the morning of June 6^th to help raise money to go toward the purchase of a large slide for the pool.  She will need to have some of the streets closed during the run/walk event and will need to have bathroom facilities available as well.  The council was agreeable to this.  She will report back when she has finalized the details.  Prairie View 4-H Club members presented Mayor Potts with a check in the amount of $424.25 as a donation for pool fund.  The donation was half of the profit they made serving a sale.  Everyone present thanked them for their hard work and generosity. 

Selling the property at 314 Elizabeth Street was discussed.  James White who has property adjoining this parcel was present and expressed his desire to purchase the land.  Florence Hinz, also an adjoining property owner has reportedly said she has no interest in purchasing the land.

Advertising for bids on the property was discussed.  Most felt that it was best to offer the land to the adjoining property owners first.  White made an offer of $5,000.00 for the purchase of the property which is more than the city has invested in it.  City Attorney, Leonard Buddenbohm explained the contract and purchase procedures to White and the council.  Blunt moved to accept James White’s offer of $5,000.00 for the purchase of the property at 314 Elizabeth contingent on a statement from Florence Hinz that she has no interest in purchasing the property.  Kloepper seconded the motion.  The motion carried with 4 in favor (Wohlgemuth, Blunt, Hurst, Kloepper) and 1 opposed (Gerety).

City Attorney, Leonard Buddenbohm showed a map of the area where Elizabeth and 10^th Streets are to be vacated.  There is an intersection where the streets cross that is not included in the property descriptions.  He asked if the council wants to vacate this intersection as well.  The council told him to include the intersection in the description of the streets to be vacated.

Hiring a manager and lifeguards for the pool was discussed.  Kloepper moved to hire Jennifer Hansen as pool manager with a salary to negotiated at a later date.  Hurst seconded the motion.  The motion carried unanimously.  Hansen would like to hire lifeguards by the 1^st of April.  The council instructed City Superintendent, Buzz Faught to assist Hansen with hiring lifeguards.  Hurst moved to pay lifeguards $7.25 per hour.  Gerety seconded the motion.  The motion carried unanimously.  Hansen will be instructed to check with other pools to see what they are charging for admissions and give a recommendation to the council for fees to be charged.

Mayor Potts asked the council to give the city superintendent some direction regarding hiring help for the summer.  Buzz Faught, city superintendent, said that he was thinking about one part-time to full-time position this summer.  The council felt that there should be enough work for one full-time position and told Faught to proceed with hiring for the one position.

Gerety told the council that Seabury Street needs to be repaired this summer.  City superintendent, Buzz Faught agreed and said he intends to do something with Seabury Street between Main and 4^th Street this summer.  Applying for stimulus money to fix 9^th Street and Seabury Street between Main and 9^th Street was discussed.  Leonard Buddenbohm will contact Tom Bennett of BG Consultants regarding this matter.  Wohlgemuth will also do some checking about projects that qualify for stimulus money.

A request from Justin O’Brien to lower his water bill was considered.  He had a leak that was not readily discovered.  Gerety moved to deduct half of the water charge from Justin O’Brien’s water bill this one time as has been done in similar cases.  Hurst seconded the motion.  The motion carried unanimously.

Jim Snyder of Snyder Quality Construction requested that he pay for hookups at his the houses he is building on Edwards Road as the houses become occupied.  The council agreed to allow this.

A request for a donation to the ACCHS After- Prom Party was considered.  The council will wait until prices have been set at the pool before making a decision on a contribution.

A Grand Opening celebration for the pool when it is completed was discussed.  Also donating a pool pass to the raffle planned at the KFC fundraiser in April was discussed.  These matters will be considered again at a later date.

John Martin has contacted the mayor about fixing the tube in his driveway.  This matter was discussed sometime ago and never acted upon.  The city superintendent said the tube is actually a steel pipe and it is caving in.  Martin will be told that the city will install the tube but he must pay for the tube.

Kloepper asked if the council would be willing to donate use of the blue building for a benefit to be held for a Fish and Game officer that has cancer.  The funds raised would be donated to help with medical expenses.  The organizers plan to have the event in mid-April and have been having trouble finding an available facility.  Hurst moved to donate use of the blue building for the fund raiser in mid-April if a suitable date is available on our calendar.  Blunt seconded the motion.  The motion carried unanimously. 

Kloepper told the council that Rural Fire District No. 2 is planning to buy a truck to replace the one that was recently wrecked.  Although they have enough money to buy the truck, they do not have enough to purchase the tank.  Kloepper asked if the city would be willing to buy the tank at this time and Rural Fire District No. 2 will buy it back when they have the money available.  This truck will be used for fires in the city also.  The cost of the tank is $8,500.00 and can be taken out of the Fire Fighting Equipment Fund.  RFD No. 2 will insure the truck and the tank.  Hurst moved to purchase a tank for the rural fire truck pursuant to an agreement that they will buy the tank back as soon as they have funds to do so.  Gerety seconded the motion.  The motion carried unanimously.

Providing a public fill for water was discussed.  The city’s bulk load out will be removed during the current water improvement project.  The city superintendent will talk to Jackson Farmers, Inc. about fixing the meter at the old fertilizer plant for this purpose.  The water would be billed to Jackson Farmers and they can charge their customers for the water.  The city superintendent will report back to the council on this matter.

Gerety moved to adjourn the meeting.  Kloepper seconded the motion.  The motion carried unanimously.  The meeting adjourned at 9:01 p.m.  Pat Strine  City Clerk

JANUARY 2, 2008

COUNCIL MEMBERS PRESENT WERE:  KIRK WOHLGEMUTH, BOB BLUNT, MARK HURST, KIRK KLEOPPER AND MIKE GERETY.  MAYOR JIM POTTS CALLED THE MEETING TO ORDER AT 7:00 P.M.

Blunt moved to accept the minutes of the previous meeting as written.  Kloepper seconded the motion.  The motion carried unanimously.

Hurst moved to approve and pay the bills.  Kloepper seconded the motion.  The motion carried unanimously.

Water project business was discussed.  City Superintendent, Buzz Faught, will meet with Michael Kramer on Tuesday, January 8^th at 10:00 a.m. to look over the plans to be submitted to KDHE.  An invoice from Kramer Engineering in the amount of $11,830.00 was submitted for consideration.  KPWSLF Request for Payment No. 6 in the amount of $11,830.00 to pay Kramer’s invoice was also considered.  Wohlgemuth moved to approve KPWSLF Request for Payment No. 6 and pay Kramer Engineering’s invoice with the funds.  Blunt seconded the motion.  The motion carried unanimously.

The water and sewer main extension project along Edwards Road was discussed.  It was stated that the city has decided to put the water main extension in with city funds.  The cost of the sewer main extension to be passed on to the developer would be prohibitive to his continuing development in that area.  Jim Snyder, developer, and Steve Caplinger, Real Estate Agent, both informed the council that the property deeds for the parcels to be developed include easements for sewer service lines and address the rights and obligations for each property owner regarding these sewer service lines.  Since the State does not prohibit the installation of these service lines and the cost is considerably less than installing a new sewer main, the council voted to allow Snyder to install 4 separate sewer service lines to serve the properties being developed and tap the service lines into the city’s existing sewer main on 1^st Street.  Kloepper made the motion and it was seconded by Hurst.  The motion passed with 4 in favor (Kloepper, Hurst, Gerety and Blunt) and 1 opposed (Wohlgemuth). 

Results of the phone conference with Kevin McElyea, Aquatic Engineer, held during the special meeting prior to the regular meeting were discussed.  Kloepper moved to authorize the Mayor to sign a revised contract with Aquatic Design Consultants, Inc. based on the phone conference.  Hurst seconded the motion.  The motion carried unanimously.

A letter from Crossroads Cellular was discussed.  They feel the cost of building to place their equipment on our existing city water tower and then having to rebuild on the new water tower immediately after would be too high.  Therefore, they are going to seek a different site for their equipment.  If they are unable to locate an alternative site or if they decide they can wait until the new tower is built, they would still be interested in leasing space on our water tower for their equipment.  The council directed City Attorney, Leonard Buddenbohm, to contact Carol Kooken of Crossroads Cellular and ask if they are interested in purchasing the existing water tower from the city.

City Superintendent, Buzz Faught reported that ACE Pipe Cleaning ran a camera down the storm drain on the east side of Howard Street to try and determine why there is a drainage problem in the basement at 502 Main Street.  The drain at 502 Main Street is hooked into the storm drain line and that line is clear all the way down Howard Street.  There is, however, about 150 feet of pipe that could not be seen.  There is also a broken city pipe that appears to run alongside of the drain line at 502 Main Street.  The only way to know exactly what is causing the problem and who is responsible for correcting it is to have ACE Pipe Cleaning put a jetter into the line to see where the blockage or break is.  This will cost a minimum of $500.  Ted McCoy, owner of the property at 502 Main Street, has offered to pay $250 toward the cost of jetting the line.  Blunt moved to have ACE Pipe Cleaning jet the storm drain line on the east side of Howard Street with Ted McCoy to pay $250 of the cost.  Gerety seconded the motion.  The motion carried unanimously.

Faught reported that through a misunderstanding a wood chipper was shipped to the city.  Faught told the council that he did not order the chipper and was surprised when it was delivered.  The cost of the chipper is $2,500.00 and would require prior approval of the council to be purchased.  He has contacted the Tree Board to see if they are interested in purchasing the chipper to use when they have trees trimmed.  Dave Bodenhausen told the council that the Tree Board can buy mulch for $2 a bag and it works much better the chipped wood.  The chipped wood is too large and has lots of sticks in it making it unsuitable for mulching new trees.  The council agreed that the city does not need a chipper at this time and instructed Faught to send it back.

Faught also reported on damage from the ice storm on December 10^th.  To date, the city has incurred $15, 510.14 in expenses related to the storm.  Faught estimates that the remaining clean up will cost at least $10,000.  He and the City Clerk will be attending a meeting in Atchison tomorrow conducted by KDEM and FEMA regarding qualification for federal and state assistance with storm related costs.  Nancy Keith expressed her appreciation for the prompt clean up and also snow removal in the city.

Tree Board member Dave Bodenhausen asked about trimming trees damaged by the storm.  He would like to contact Bill Mick and see if he is interested in doing this for the city.  We will have to wait until things dry up before it can be done.  Bodenhausen asked about the required notification to residents of tree maintenance which informs them that street trees on the right-of-way abutting their property are to be trimmed.  This type of notification is not practical considering the extent of damage throughout the city.  There will be some kind of public notification that city trees damaged by the ice storm will be trimmed but due to the amount of damage, no individual notifications will be sent.

A request for a donation to After-Prom was considered.  The city usually donates an individual season pass to the pool for this, but the pool is not expected to be open this coming summer.  No action was taken.

Renewal of the city’s membership in the League of Kansas Municipalities was considered.  The cost of the annual membership is $258.42.  Wohlgemuth moved to renew the city’s membership in the League of Kansas Municipalities.  Kloepper seconded the motion.  The motion carried unanimously.

Resolution No. 1094 Waiving the Generally Accepted Accounting Practices for the year ending December 31, 2008, was considered.  Adopting this resolution will allow the city to continue doing cash basis accounting.  Blunt moved to adopt Resolution No. 1094.  Hurst seconded the motion.  The motion carried unanimously.

Hurst moved to designate the Effingham Branch of the Exchange National Bank as the depository for city funds for the year 2008.  Kloepper seconded the motion.  The motion carried unanimously. 

Blunt moved to designate the mayor, the city clerk, the city treasurer and council member Kirk Kloepper as signers of city checks for the year 2008.

The ball park lease was discussed.  No changes were made.  The lease agreement form will remain the same as it was last year.

The annual cost of living adjustment for employees’ wages was discussed.  Wohlgemuth moved to award a 2.5% COLA to qualifying employees.  Kloepper seconded the motion.  The motion carried with 4 in favor (Wohlgemuth, Hurst, Kloepper and Gerety) and 1 opposed (Blunt).

Blunt moved to adjourn the meeting.  Gerety seconded the motion.  The motion carried unanimously.  The meeting adjourned at 8:20 p.m.  Pat Strine, City Clerk

DECEMBER 5, 2007

 COUNCIL MEMBERS PRESENT WERE:  KIRK WOHLGEMUTH, BOB BLUNT, MARK HURST, KIRK KLOEPPER AND MIKE GERETY.  MAYOR JIM POTTS CALLED THE MEETING TO ORDER AT 7:00 P.M.

 Blunt moved to accept the minutes of the previous meetings as written.  Wohlgemuth seconded the motion.  The motion carried unanimously.

 Hurst moved to approve and pay the bills with the addition of a bill from Potts Backhoe and Trenching in the amount of $314.08.  Gerety seconded the motion.  The motion carried unanimously.

 City Superintendent Buzz Faught reported that he has fixed all water leaks to date and is now working on the ditch on 7^th Street.  Faught reported that he met with Kevin McElyea of Aquatic Design regarding pool repairs.  McElyea told Faught that his company can draw up plans and specs for the project within a month.  They will give a base bid price to get the pool up and running and an alternate bid for the additional items the city might want to add in the future.  Aquatic Design will charge $17,000 for the plans and $2,000 for project inspection.  City Attorney, Leonard Buddenbohm will check with the city’s bond counsel to see if the engineering costs can be reimbursed to the city.  Kloepper moved to get a contract from Aquatic Design for Buddenbohm to review.  Wohlgemuth seconded the motion.  The motion carried unanimously.  Blunt moved to authorize the mayor to sign the contract pursuant City Attorney, Leonard Buddenbohm’s recommendation.  Hurst seconded the motion.  The motion carried unanimously.

 Faught reported on his efforts to find the problem with the storm drain on Howard Street and determine water fills the basement at 502 Main Street.  He has been unable to contact Charlie at Kansas Rural Water Association.  Ace Pipe Cleaning quoted a price of $129.00/hour + surcharge with a minimum of 4 hours to be charged for running a camera through the storm drain.  Faught will be attending a workshop where he can talk with Charlie of KRWA on December 12^th.  Hurst moved to contact Elmer at Kansas Rural Water Association and see if they can do this for the city and if they can’t, to get Ace Pipe Cleaning to do it.  Blunt seconded the motion.  The motion carried unanimously.  If the problem is in the city’s line, the city will pay repair costs however, if the problem is in the private service line, the property owner will have to pay for repairs.   

 Ben Kramer of Kramer Engineering reported on the progress of the water project.  They should have plans for the city to review within a month.  Kramer also reported on the sewer and water main extension on Edwards Road.  He showed plans for the project to the city council.  There has to be a 10 foot separation between the water and sewer lines.  The water main will run in the right-of-way on the east side of Edwards Road and there will be a bore under the street at 1^st Street to hook on to the existing main.  Only one water meter will be installed.  This will be at the corner of 1^st and Edwards Road.  Kramer explained that the contractor building the house at 1^st and Edwards Road will not be able to tap the new water main until it has been tested for bacteria and pressure.  Kramer told the council that the sewer will not be deep enough to serve basements.  Since the houses being planned do no have basements, this should not be a problem.  A manhole will be installed at each end of the new main.  He said it is best to tap the sewer main only when a house is being built.  This helps prevent contamination.  Kloepper moved to approve the plans for the water and sewer extension and submit the plans to KDHE for permits.  Hurst seconded the motion.  The motion carried unanimously.  The council discussed financing options for the project.  Exchange Bank will issue bonds for 20 years for this project.  The principal cost of the bonds will be $833 per lot each year for 20 years.  The council agreed that the city should pay to extend the water main and that the sewer main extension project can be put on hold until a house or houses are actually being built.  The house current being built has access to the existing water and sewer mains.  Kloepper moved to go ahead with the water project and seek competitive bids when the permit is received.  Wohlgemuth seconded the motion.  The motion carried unanimously.  The plans for the sewer project will still be submitted for a permit so we will be ready to proceed when the time is right.  Kramer Engineering will distribute plans to prospective bidders and will provide a set for the city.

 A bill from Kramer Engineering for work done on the water and sewer main extension in the amount of $4,130 was submitted to the council for consideration.  Wohlgemuth moved to pay Kramer Engineering $4,130 for work done on the water and sewer extension project.  Blunt seconded the motion.  The motion carried unanimously.

 Chris Wardman of Rainbow Communications was present to request permission to put equipment on the city’s water tower.  Wardman explained that Rainbow Communications has invested with Crossroads Communications, a cellular company focusing on rural communities.  Wardman proposed a fee of $400 a month with a 5% annual increase to be paid to the city for allowing Crossroads to put equipment on the city’s water tower.  The council told Wardman that the city will be building a new water tower next year.  Kramer said there will be no catwalk on the new tower.  Wardman and Kramer will discuss whether or not the tower can be designed to accommodate the equipment.  If this is not possible, Rainbow will have to build a tower.  Wardman said he would like to have an interim agreement with the city to use the existing water tower.  He would like to have this in place in 30 days.  Wardman will be put on the agenda for the January meeting to discuss this agreement.

 Jennifer Hansen was present representing the ACCHS Junior Class.  She asked for permission to use the Blue Building, without charge, for Prom on April 19, 2008.  They will need the building the entire week before prom to decorate and set-up.  Kloepper moved to grant the ACCHS Junior Class free use of the blue building for Prom.  Blunt seconded the motion.  The motion carried unanimously.

 Nancy Keith asked the council if they want the pool committee to start getting people involved in fund raising for the pool or wait until the plan is approved and the project is a go.  The council told her that the pool committee will need to have meetings to inform residents and organizations of the pool renovation plans when they become available.  It is important that the public be informed regarding the project.

 The city clerk reported that the hearings on unsafe structures at 319 Howard, 701 William and 211 George will need to be moved to February 6, 2008, in order to meet publication requirements.  Kloepper moved to amend Resolution Nos. 1091, 1092 and 1093 to reflect the rescheduled hearing date of February 6, 2008.  Blunt seconded the motion.  The motion carried unanimously. 

 Council members reported that they all had a chance to look at the water runoff situation on Rob and Rhonda Thorpe’s property.  They agreed that there is not much that can be done and that it was an existing condition when Rhonda bought the property.

 Putting rip rap on the storm drain at Tim Jennings’ property was discussed.  Faught had planned to pour concrete there but decided that it could be a problem.  He will look into putting rip rap there instead.

 2008 Cereal Malt Beverage License applications were considered.  The three applications received were from DJ’s Food & Fuel and Buzz Faught who plans to open the bar in January 2008.  Kloepper moved to approve all CMB applications submitted.  Gerety seconded the motion.  The motion carried unanimously.

 A request from Embarq Telephone Company to bury a cable at the north end of Tiger Road was submitted for consideration.  Wohlgemuth moved to approve Embarq’s request to bury cable and authorize the mayor to sign the permission form.  Hurst seconded the motion.  The motion carried unanimously.

 Hurst moved to renew the city’s membership with Kansas Rural Water Association at the cost of $205.50 for on year.  Gerety seconded the motion.  The motion carried unanimously.

 Hurst moved to give the same employee Christmas gifts as last year.  Blunt seconded the motion.  The motion carried unanimously.  The city superintendent and city clerk will each receive $100 and the city treasurer and city attorney will each receive $25.

 Gerety moved to adjourn the meeting.  Hurst seconded the motion.  The motion carried unanimously.  The meeting adjourned at 9:00 p.m.  Pat Strine, City Clerk

November 2007

COUNCIL MEMBERS PRESENT WERE:  KIRK WOHLGEMUTH, BOB BLUNT, MARK HURST, KIRK KLOEPPER AND MIKE GERETY.  MAYOR JIM POTTS CALLED THE MEETING TO ORDER AT 7:00 P.M.

Kloepper moved to accept the minutes of the previous meetings as written.  Blunt seconded the motion.  The motion carried unanimously.

Blunt moved to approve and pay the bills.  Hurst seconded the motion.  The motion carried unanimously.

Ben Kramer of Kramer Engineering told the council that they are still waiting on prices for the chlorination building and equipment.  When they receive these, they will do the electrical part of the plans.  When the electrical is finished, the plans will be ready to send to the state for approval.  He expects that the project will be bid after the First of the year and construction should start in March or April.

Ben Kramer reviewed a letter sent to the city by Michael Kramer regarding the sewer extension project on the east side of Edwards Road.  Kramer reviewed the city’s ordinance and found that it does not prohibit running long sewer service lines through other properties to hook on to the sewer main.  In the letter, Kramer states they he spoke with KDHE regarding this issue, and they strongly discourage the practice of running long service lines across lots to reach the sewer main.  At issue are good public health and safety practices and the ability to correct future problems with the service lines.  Funding this project was discussed at length.  Possible options include making the area a benefit district or some kind of cost sharing with the developer.  The developer, Jim Snyder, asked about the cost of making the area a benefit district and how many years the cost would be spread over.  The council will have to look into this further before they can answer his questions.  Snyder asked for confirmation that it is okay for him to proceed with the first house at the corner of First Street and Edwards Road.  This house has access to the existing water and sewer lines.  The council told Snyder to proceed with that house.

Ben Kramer presented his revised estimated costs for the water extension on the east side of Edwards Road.  It was decided that a 2” line would be sufficient to supply the four properties in the development.  Kramer Engineering will do the design and specs for the project along with the sewer extension.  The city must have a design plan to submit to the state for obtaining a permit to extend the water line.  The city can do the inspection of the water line extension which will save on project costs.  However, the state requires that that inspection of the sewer extension be done by an engineer.  The estimated cost for the water extension is $8,690.00.  Kloepper moved to proceed with the water line extension with one meter hook-up to the water main.  Blunt seconded the motion.  The motion carried with 4 in favor (Blunt, Hurst, Kloepper, Gerety) and 1 opposed (Wohlgemuth).

After a further discussion of the sewer main extension and how to fund it, Kloepper moved to proceed with the sewer extension with the developer’s cost share to be determined later.  Hurst seconded the motion.  The motion carried with 4 in favor (Blunt, Hurst, Kloepper, Gerety) and 1 opposed (Wohlgemuth).  The council will decide on the cost share at the December meeting.  Blunt moved to authorize the Mayor to sign an agreement with Kramer Engineering for engineering services for the sewer and water extension project.  Kloepper seconded the motion.  The motion carried unanimously.

Susie Alberts asked the council if they would vacate Elizabeth Street to the north end of her property.  She would also like to have Tenth Street from Seabury to the end of her property vacated.  At this time, that portion of Tenth Street is used as a driveway by Alberts and dead ends on her property.  Rob and Rhonda Thorpe have already approached the council to ask that Elizabeth Street be vacated to the north end of their property.  The street is used only as a drive way to their home.  The city will get the necessary property descriptions and begin the process to vacate the portions of Tenth and Elizabeth Streets that run through the Alberts and Thorpe properties.

Rob Thorpe asked the council if anything can be done about the ditch that runs along the east side of his property.  A tube carrying runoff from the football field across the street empties into the ditch.  Thorpe would like to install a new fence, but the ground is always too wet.  Council members will each look at this and they will discuss options at the December meeting.  This matter could be discussed earlier if the council has a special meeting before the December meeting and they have all looked at the area.

Clarence Todd reported that the tree board has put cypress mulch on the 25 new trees they planted this year.  He also reported that the city will qualify for the Tree City Award again this year.  That makes 14 straight years the city has been a Tree City.  Todd announced that Bill Alberts will be retiring from the tree board.  The tree board will recommend a replacement for Alberts in the near future.  The Mayor thanked Bill Alberts for his contributions as a tree board member.

Pool committee member, Nancy Keith, thanked the city for looking into possible grants for funding the pool improvement project.  She also complimented the City Superintendent for getting another estimate on the project so quickly.  Keith told the council to let the pool committee know when they can be of service.  She hopes to start planning fund raising projects after the first of the year and get the local people involved in this project.

An estimate from KC Granite for refurbishing the pool was discussed.  Their proposal would move all the plumbing above ground.  The baby pool would be eliminated as it is a health risk due to slow water replacement.  The council chose to install a lift for handicapped accessibility to the pool rather than a zero entry which would take up too much of the shallow end of the pool.  Also, a liner would be installed instead of resurfacing the pool interior.  The cost of these renovations would be approximately $350,000.  That cost does not include any extras such as lifeguard stands, slides or a concessions area.  These things could possibly be funded by the pool committee fund raising projects.  The council directed the city staff to start the process to get plans and specs from an aquatic engineer for the project.  The project will be funded with G.O. Bonds.

Ordinance No. 2007-07 designating the City Superintendent as the “Enforcing Officer” for administration of K.S.A. 12-1750, 2006 Supp. was considered.  Blunt moved to adopt Ordinance No. 2007-07.  Gerety seconded the motion.  The motion carried unanimously.

Resolutions setting hearings on unsafe properties were submitted to the council for consideration.  The city superintendent has submitted statements on three properties that are deemed to be unsafe.  Show cause hearings on these properties will be held on

January 2, 2007, beginning at 6:00 p.m.

1.  Kloepper moved to adopt Resolution No. 1091 regarding the unsafe structure located at 211 George Street in Effingham, Kansas, and setting a hearing on this matter at 6:00 p.m. on January 2, 2007.  Hurst seconded the motion.  The motion carried unanimously.

2.  Blunt moved to adopt Resolution No. 1092 regarding the unsafe structure located at 701 William Street in Effingham, Kansas, and setting a hearing on this matter at 6:15 p.m. on January 2, 2007.  Hurst seconded the motion.  The motion carried unanimously.

3.  Hurst moved to adopt Resolution No. 1093 regarding the unsafe structure located at 319 Howard Street in Effingham, Kansas, and setting a hearing on this matter at 6:30 p.m. on January 2, 2007.  Gerety seconded the motion.  The motion carried unanimously.

It was reported that the county is due any time to put down chip and seal on some of the city’s streets.  The city superintendent has some concern about the weather being too cool for chip and seal.  Wohlgemuth told the council that as long as it is above freezing, preferably above 50 degrees, there is no problem with chip and seal.

The city clerk reported that Atchison County Emergency Preparedness Director, Dan Barnett, informed her that the city council members are not required to take NIMS training unless the council establishes a policy that requires the training.  Previously, he told the clerk that everyone should have at least the IS-100 & IS-700 training.  There is confusion regarding what is required for the city to be NIMS compliant.  City Attorney, Leonard Buddenbohm, will find a contact that can explain what the city must do to be NIMS compliant.  NIMS compliance will be required in the future in order to receive grant funds.

The policy for notifying tenants when their water service is about to be terminated due to failure of the landlord to pay the water bill was discussed.  The clerk asked the council how they want to handle this sort of situation.  The council agreed that only the person whose name is on the bill needs to receive a termination notice unless the landlord requests tenant notification.  It will be up to the landlord to deal with any problems arising from termination of water service at rental properties.

Vehicle and nuisance ordinance violations were discussed.  The city superintendent will be directed to do inspections.

A request from a resident to put a semi trailer on his property to use for storage was considered.  The council agreed that this is not acceptable as we do not allow other types of trailers to be kept permanently on properties in town.  They suggested he be advised to build a storage building or look for a public storage unit.

Kloepper moved to adjourn the meeting.  Blunt seconded the motion.  The motion carried unanimously.  The meeting adjourned at 9:00 p.m.  Pat Strine, City Clerk

OCTOBER 3, 2007

 COUNCIL MEMBERS PRESENT WERE:  KIRK WOHLGEMUTH, BOB BLUNT, MARK HURST, KIRK KLOEPPER AND MIKE GERETY.  PRESIDENT OF THE COUNCIL, BOB BLUNT PRESIDED IN THE ABSENCE OF MAYOR JIM POTTS.  BLUNT CALLED THE MEETING TO ORDER AT 7:00 P.M.

 Kloepper moved to accept the minutes of the previous meeting as written.  Hurst seconded the motion.  The motion carried unanimously.

 Hurst moved to approve and pay the bills.  Wohlgemuth seconded the motion.  The motion carried unanimously.

 Ben Kramer of Kramer Engineering was present to discuss the water project.  They have been working with the Haines Equipment Company on design changes for the chlorination building.  The building may need to be enlarged to accommodate all the equipment.  When the changes are complete Kramer will review the plans with the city and then with KDHE.  Michael Kramer will be coming soon to do a field check and meet with City Superintendent, Buzz Faught to finalize the plans.  Buzz asked that Kramer not come until after the 16^th of October as he will not be available to meet with him until then.  The water tower design is complete.  Kramer told the council that we are still on track to meet the construction schedule previously established.

 Kramer also discussed the water and sewer extension being planned by the city for development of the west side of block D.  The prices submitted for this project were:

             Construction:    Sewer              16,208             includes 2 manholes

                                    Water               26,360             includes valves and fire hydrant

                                    Contingency       6,500

                                                            49,140

            Engineering:      Design                8,260             includes plans, submission to KDHE

                                    Inspection         13,000

                                    Const. staking     1,240

                                                            22,500

            Total Project Cost                    71,640

 This price was substantially higher than expected.  The council discussed ways of decreasing the cost.  If the water lines are not extended north to 3^rd Street, this would eliminate approximately $18,310.  If the fire hydrant is eliminated it will cut the cost by $2,800.  There would also be reductions in the engineering fees if these changes are made.  Ways of funding the project costs were also discussed.  Increasing hook up fees and creating a benefit district were discussed.  The council told Kramer that they would have to meet with the developer before making any decisions.  It was decided to hold a special meeting on Wednesday, October 10^th to meet with Jim Snyder about this matter.  The City Clerk will contact Kramer when a decision is made regarding the project.  Kramer explained the timeline for this project.  The project design will take approximately 30 days.  Review and approval of the plans by KDHE will take an additional 2 weeks.  The project will then be advertised for bid for 30 days.  When the construction contract is awarded, the contractor will have 30 days to get bonds and equipment in place and start construction.  Construction would most likely begin in February of 2008 depending on the weather.

 The pool project was discussed.  Pool Committee representative, Nancy Keith submitted a list of items for the council to consider if they decide to renovate the pool.  She also told the council that there is interest in having fund raising activities to help get the community involved with the pool project.  She would like to have an organizational meeting in January to begin planning the fund raising activities.  She said the pool committee would also be available to help with other jobs, such as painting, during the project.  The city superintendent reported that he met with a representative of K.C. Grunnite last month about pool renovations.  He has not yet received the written proposal from their rep as he is out of the country and will not be back until next week.  However, he told Faught that he would suggest that all plumbing be removed from under the pool and put in a trough with a grate around the pool edge.  He also told him that they can install a zero entry area that can also be used as a kiddie pool area at the south end of the pool.  The kiddie pool area can then be used as the dedicated concession area now required.  The pool skin would be removed and replaced instead of installing a pvc liner in the pool.  City Attorney, Leonard Buddenbohm reminded the council that whoever is contracted to do the pool project, will need to provide a performance bond and proof of insurance.  We will also need to have professional inspection of the pool construction.

 City Superintendent, Buzz Faught gave his report to the council.   Starting on the 16^th of October and continuing for about 2 weeks, he will be sweeping the streets which will create a lot of dust.  He suggested that we put a notice in the Newsleaf telling residents not to hang out clothes during that time and they might want to keep their windows closed as well.  He will then fill potholes so the county can do chip and seal on designated streets.  He also reported that Hall’s Construction is preparing an estimate for asphalt work on Seabury Street between Main and 4^th Streets.  The old Massey Ferguson tractor was sold at auction last weekend for $2800.  He reported that the new meter pits are in and he will be installing them soon.  He will also install a new meter at Beal’s. 

 The City Superintendent submitted inspection reports on three properties.  The reports list the unsafe conditions found to exist on properties located at 211 George Street, 701 William Street and 313 Howard Street.  Hurst moved to adopt Resolutions 1091, 1092 and 1093 and notify the appropriate persons of the unsafe conditions on their properties, the required measures that must be taken to avoid condemnation proceedings and the date of hearings on these matters.  Kloepper seconded the motion.  The motion carried unanimously.  Hearings will be held on December 5, 2007, beginning at 6:00 p.m.

 Buzz Faught asked the council for special permission to bring his ATV Poker Run through town on October 27^th.  There will be 60 to 70 ATVs participating and they would stop at DJ’s Food and Fuel for drinks, snacks and fuel. The event would last about 2 hours.  Kloepper moved to allow Buzz to bring his ATV Poker Run through town on October 27^th.  Hurst seconded the motion.  The motion failed with 2 in favor (Kloepper, Hurst) and 3 opposed (Wohlgemuth, Gerety, Blunt).

 Clarence Todd reported that the Tree Board will be planting 24 new trees on October 4^th.  The Lions Club will be helping.  Anyone else wanting to assist can meet at DJ’s at 5:00 p.m..

 Rhonda and Rob Thorpe were present to discuss abandoning Elizabeth Street by their house.  They just learned that their driveway is actually Elizabeth Street.  This street does not go anywhere that public traffic would need access.  The Thorpe’s would like to have this street abandoned if possible.  City Attorney, Leonard Buddenbohm will check on the proper procedures for this action and we will let her know as soon as possible.

 Chris Thompson informed the council that he has purchased the corner building at

403 Main Street.  He will be opening a business selling and marketing renewable energy in about 4 weeks after he finishes at school.  He told the council that he has contracted to have the back wall fixed and has insurance on the building.  He requested free water and sewer service for a year as a new business.  The council agreed to provide the free services to Thompson at 403 Main Street for 1 year.

 The City Clerk informed the council that they will all be required to complete NIMS training.  This training will be required to qualify for federal grants in the future.  The mayor, city clerk and city superintendent will be required to take all training courses.  The city council will be required to take only ISC 100 and IS 700.  These courses can be taken online.

 Hurst reported that the cover on the cement drain box by Frederick’s needs to be put back on.  Buzz will do this tomorrow.

 Wohlgemuth moved to adjourn the meeting.  Hurst seconded the motion.  The motion carried unanimously. Pat Strine, City Clerk

SEPTEMBER 5, 2007 

COUNCIL MEMBERS PRESENT WERE:  KIRK WOHLGEMUTH, BOB BLUNT, MARK HURST, KIRK KLOEPPER AND MIKE GERETY.  MAYOR JIM POTTS CALLED THE MEETING TO ORDER AT 7:00 P.M.

 HEARING ON ANNEXATION OF WATER TOWER SITE

The hearing convened at 7:00 p.m.  No comments were received from the public.  Mayor Potts explained that the property being annexed lies just west of the Main Street and Edwards Road intersection and is owned by the City of Effingham.  Kloepper moved to annex the property to be used for the new water tower.  Hurst seconded the motion.  The motion carried unanimously.

 Hurst moved to adjourn the Annexation Hearing.  Blunt seconded the motion.  The motion carried unanimously.  The hearing adjourned at 7:05 p.m.

 REGULAR MEETING 

The regular meeting convened at 7:05 p.m. 

 Blunt moved to accept the minutes of the previous meetings as written.  Kloepper seconded the motion.  The motion carried unanimously.

 Kloepper moved to approve and pay the bills.  Hurst seconded the motion.  The motion carried unanimously.

 There was nothing to report on the progress of the water project.  The city clerk will contact Kramer Engineering again tomorrow and try to get an update.

 The pool project was discussed.  Buzz Faught, City Superintendent, reported that Carrothers has been too busy to send anyone to look at the pool.  He was told to add 7% to the estimate they sent last year and we would be in the ballpark.  This puts the price of a new pool out of our range.  Faught contacted two other companies about recommendations and price estimates.  One company failed to keep their appointment with Faught.  The other estimated the cost to refurbish the existing pool at $64,895.00.  This estimate included removal and replacement of the deck and replacing all plumbing and raising the diving area to 6’ to create a plunge area.  The contractor also recommended a PVC liner with a 20 year warranty to be used in the pool.  This would cost approximately $48,000.  Items not included but needed are a separate pump for the baby pool, ADA lift, lifeguard stands and slides.  Faught estimated the maximum cost for refurbishing the existing pool to be $150,000.  Kramer Engineering cannot have their recommendations ready until the first of the year.  Inspection of the project work will also need to be considered and will be an additional cost.  The council will need to decide on funding.  Letters will be sent to Nancy Boyda and Pat Roberts asking if they know of grant funds available for pools.

 Clarence Todd, Tree Board Member, announced the September 29^th is Arbor Day in the City of Effingham.

 Ruth Beal asked about her water bill.  The bill was for 47,000 gallons of water.  Since the reading has been estimated for some time due to water in the meter pit and the water rate has increased twice during that time, she would like the bill adjusted to reflect the lower rate.  The council agreed to adjust the bill accordingly.  The meter pit will be raised to allow for regular meter reading as soon as the parts arrive.

 The matter of whether or not to adopt an ordinance allowing ATVs to operate on the public streets in Effingham was discussed.  Petitions      from both sides of the issue were submitted for consideration by the council.  Each petition was signed by more than 90

residents.  Jeanne Weber, Ross Montgomery, Gale Rogers, Jim Murray, Janet Eckert, Mike Collins, Dawn Fitzpatrick and Crystal Hollands expressed their opinions at the podium.  Leonard Buddenbohm, City Attorney, informed the council that Atchison County Sheriff, John Calhoon told him that the state is considering changing the statute.  Calhoon has suggested that the city might want to wait until the changes are completed before passing an ordinance that might have to be changed in the future.  Buddenbohm also told everyone that if they are uncertain if a vehicle is considered an ATV, they should contact the sheriff and a deputy will inspect the vehicle and tell them if it is or isn’t an ATV.  Kathy Enzbrenner asked Buddenbohm what changes are being considered by the state.  Buddenbohm said it is unknown at this time.  Blunt asked about putting this issue on the ballot to be voted on.  Buddenbohm said that this issue cannot be on the ballot, but a straw poll, separate from the election, can be held.  A straw poll is not legally binding.  Wohlgemuth moved to adhere to the regulations in the Standard Traffic Ordinances for Kansas Cities, Edition 2007 concerning ATVs.  Gerety seconded the motion.  The motion carried with 3 in favor (Wohlgemuth, Gerety, Blunt) and 2 opposed (Kloepper, Hurst). 

 Blunt moved to adopt Ordinance 2007-05 adopting the Standard Traffic Ordinances for Kansas Cities, Edition 2007 and Ordinance 2007-06 adopting the Uniform Public Offense Code for Kansas Cities, Edition 2007.  Wohlgemuth seconded the motion.  The motion carried unanimously.

 The city clerk asked the council about replacing the flower bed on the east side of the Municipal Building doors with concrete and adding a bicycle rack.  The flower bed is in bad shape and there is a real need for a bicycle rack for library patrons to use.  At present, bicycles are strewn over the sidewalk in front of the building creating a hazard.  The council agreed to put a bicycle rack on the west side of the building just around the front corner.  The librarian will be asked to instruct library patrons to use the bicycle rack.

 City Superintendent, Buzz Faught gave his report.  He will be finishing the leak repair job at Frederick’s Service as soon as the parts arrive.  He has started clean up at the lagoons.  The County should be here next week to chip and seal streets.  Seabury between 4^th Street and Main Street will receive chip and seal this year.  The cost to overlay the street with asphalt is too expensive.  Faught will seal the cracks in the new streets before winter.

 Kloepper moved to adjourn to executive session for 10 minutes to confer with the city’s attorney on a legal matter.  The city clerk and the city superintendent were asked to remain for the executive session.  Blunt seconded the motion.  The motion carried unanimously.  The meeting adjourned to executive session at 8:22 p.m.  The meeting was opened to the public at 8:32 p.m.

 Kloepper moved to repair drainage problems on 8^th Street to get into compliance with KDHE requirements.  Hurst seconded the motion.  The motion carried unanimously.

 Calves being kept in a pen at a residence on Elizabeth were discussed.  The city has no ordinance against this.  If it becomes a nuisance due to noise or odor, a complaint can be made.

 Kloepper moved to adjourn the meeting.  Hurst seconded the motion.  The motion carried unanimously.  The meeting adjourned at 8:55 p.m. Pat Strine, City Clerk

AUGUST 1, 2007

COUNCIL MEMBERS PRESENT WERE:  KIRK WOHLGEMUTH, BOB BLUNT, MARK HURST, KIRK KLOEPPER AND MIKE GERETY.  MAYOR JIM POTTS PRESIDED.

 BUDGET HEARING

Mayor Potts called the Budget Hearing to order at 7:00 p.m.  There will be an overall mill levy increase of 5.41 mills due to increasing costs of operations.  Kloepper moved to approve the 2008 budget as published.  Wohlgemuth seconded the motion.  The motion carried unanimously.

 Wohlgemuth moved to adopt Ordinance 2007-04 attesting to the increase in tax revenues for budget year 2008.  Hurst seconded the motion.  The motion carried unanimously.

 Kloepper moved to close the budget hearing.  Wohlgemuth seconded the motion.  The motion carried unanimously.  The hearing was closed at 7:07 p.m.

 REGULAR MEETING

Mayor Potts called the regular meeting of the city council to order at 7:07 p.m.

 Kloepper moved to accept the minutes of the previous meetings as written.  Hurst seconded the motion.  The motion carried unanimously.

 Wohlgemuth moved to approve and pay the bills.  Blunt seconded the motion.  The motion carried unanimously.

 Nancy Keith gave the Pool Committee report.  She reported that 63 of the 223 survey sent out were returned.  The results were:  18 votes for Option I – repair and renovate the existing pool, 39 votes for Option II – complete pool replacement, 5 votes for Option III – demolish the existing pool and do not replace it, 1 survey returned was unmarked.  Most of those expressing a preference of financing options voted to use a combination of sales tax and mill levy increase.  Several surveys expressed a desire for community fund raising and continued pursuit of grant funds.  The city has been checking for available grant funds.  The search has been unsuccessful.  Pools are not a priority for agencies distributing grant funds.  The program previously sponsored by the Kansas Department of Parks and Wildlife has not received federal funding for several years.  The possibility of applying for a KANSTEP grant from the Kansas Department of Commerce was discussed.  This type of grant requires mostly volunteer labor and community support.  They have never funded a pool before, but it is a new program and has had many firsts.  The biggest drawback is that this program has a very limited amount of funds and the project could not receive funding until 2009 or 2010, if it was approved.  The city superintendent is attempting to get some preliminary costs for the pool project.  The council will definitely have to take action on this matter at the next meeting.  City Attorney, Leonard Buddenbohm will check with the county clerk about the timeline for getting a bond issue on the November ballot.

 The water project was discussed.  The schedule has changed.  The plans will now be sent to the state for approval in mid-September rather than the first of August.  Cara Hendricks, project Engineer, sent a new schedule and a progress report on the project to the council.  An invoice from Kramer Engineering in the amount of $5,915.00 for engineering services to date was submitted for approval.  Payment Request #5 requesting funds from the KPWSLF in the amount of $5,915.00 to pay engineering costs was also submitted for approval.  Hurst moved to pay $5,915.00 to Kramer Engineering and to approve Payment Request #5 from the KPWSLF in the amount of $5,195.00 to pay Kramer’s invoice.  Kloepper seconded the motion.  The motion carried unanimously.

 A letter from the Kansas Department of Health and Environment inquiring if the city wants to pay the interest on the loan for the water project or let it capitalize until the project is complete was submitted to the council for consideration.  Kloepper moved to pay the interest on the water project loan as it comes due.  Gerety seconded the motion.  The motion carried unanimously.

 Buzz Faught, City Superintendent, gave his report to the council.  He reported that the State of Missouri allows ATV noise levels to be 86-98 decibels for each 100 feet of distance.  The State of Kansas has no such requirements.  He also reported that he has fixed three water leaks and replaced a leaking hydrant at the fair grounds.  The asphalt at the burn dump site has been hauled away.  He has had no luck contacting Corruthers about pool prices.  He told the council that he will try again and if he gets no response, he will start looking for other companies to contact.  He also checked on asphalt prices for resurfacing Seabury Street between Main and 4^th Streets.  It will cost $16,000 more to asphalt than it will to chip and seal that block so he plans to go with chip and seal at this time.

 Faught reported that he has been able to locate some parts for the Massey-Ferguson tractor.  It is a 1967 model and parts are very hard to find.  He obtained three bids for a new tractor for the city.  If the city buys a new tractor with a blade for grading, we will only need to buy one machine instead of two.  The bids received were:

St. Joseph Tractor - New Holland TN75D, cab, front wheel assist, 75hp, 3 years old   --  $24,000

John Deere -  4320, front wheel assist, 68hp  --  $25,792

B & D Equipment - John Deere 4320, front wheel assist, 68hp  --  $21,125.00

He would prefer the New Holland as it has more horse power and a cab.  This tractor would be used the grade alleys and pull the Rhino mower, which is too heavy for the Massey-Ferguson, among other things.  The 9 ft. blade for grading would be purchased separately for $1,800.  The council instructed Faught to check into rental of a tractor for these purposes and report back at the next meeting.  They will make a decision at that time.

 Vinnie Eckert told the council the he, and others in his neighborhood, have been having trouble with a large black dog that is running loose.  The dog is rather aggressive and has cornered several people.  City personnel have yet to see this dog, but will keep trying.  City Attorney, Leonard Buddenbohm, explained the complaint process to those present.  Anyone witnessing a violation of city ordinances can file a complaint and it will be prosecuted in the municipal court.  The witness will need to appear in court and testify.  This is the best way to take care of these matters.

 Alice Johnson, Chairman of the Library Board, presented the library’s budget to the city council.  She thanked everyone for the community’s support of the library.  She told the council that the library board would like to paint the library with the council’s permission.  Kloepper moved to grant the library board permission to paint the library with the city to purchase the paint.  Hurst seconded the motion.  The motion carried unanimously.  Mayor Potts thanked the library board for their many hours of service.

 Jim Murray told the council about the continuing drainage problem in his basement.  He said that all the houses on the east side of his block have the same problem and it started when the new street was put in.  He said that every time we have a big rain and the water pools at the corner below him, his basement floods.  City Superintendent, Buzz Faught, told the council that 3200 gallons of water was dumped into the storm sewer system and it flowed to the basin at the corner with no problems.  He is not sure what the problem is.  The council directed Faught to contact Kansas Rural Water Association and arrange to have the line smoked and proceed from there.

 Kathy Enzbrenner asked if the city is going to repair the sidewalk north of their property that was dug up to repair a water leak.  The city will check with the property owner to see if he wants to repair the sidewalk or have it removed.

 Clarence Todd reported that the tree board had 16 dead or dying street trees removed and trimmed 30 to 40 street trees to clear visibility.  He reported that 21 new trees have been ordered for planting in the fall.  The Mayor thanked the tree board for the many hours they put in maintaining the city’s trees.

 Ted McCoy brought up several issues including the painting of the fire lane at the corner by his store, tree limbs remaining on city streets waiting for pickup, the purpose of the security cameras on the municipal building, the propane barrels and other items he was told to remove from his property.  The council addressed each question asked by McCoy.  McCoy said he feels that he is being singled out and wanted to know why.  The council assured him that this is not the case.  He was told that the city has received complaints about his properties and some of the complaints were received at public meetings which is why they appeared in the newspaper.  Also, the city does inspections periodically and addresses violations throughout the city on an ongoing basis.

 Whether or not to allow ATVs on the city streets was discussed.  There were several residents present regarding this issue.  A petition with 35 signatures supporting the current state law that prohibits ATVs on the streets of all incorporated cities in Kansas was presented to the council.  Those present expressed their opinions and arguments on both sides of the issue.  The city will request copies of ATV ordinances from Huron and Lancaster for the council’s reference.  Wohlgemuth moved to table this matter until the next regular meeting when the council will have more information on the subject.  Gerety seconded the motion.  The motion carried with 4 in favor (Wohlgemuth, Blunt, Hurst and Gerety) and 1 opposed ( Kloepper).

 An ordinance setting weight limits on the city’s streets and establishing a truck route was considered.  No action was taken

 Ordinance No. 2007-03 increasing the city’s water rates and eliminating water deposits was discussed.  The city’s ordinances require all accounts to be in the name of the property owner and delinquent bills are placed on the tax rolls for collection.  Water service on delinquent accounts is terminated and not restored until all charges are paid.

Therefore, there is no need to charge a deposit on water service.  Wohlgemuth moved to adopt Ordinance No. 2007-03 as written.  Blunt seconded the motion.  The motion carried unanimously.

 Dust problems at the north end of Tiger Road were discussed.  This section of Tiger Road was to be resurfaced when the street project was done.  However, when the project had to be cut back, it was not done.  There is also a dust problem at the east end of 1^st Street.  Wohlgemuth moved to have dust control treatment done at the north end of Tiger Road and the east end of 1^st Street.  Gerety seconded the motion.  The motion carried unanimously.

 A letter engaging Long, CPA to perform the audit of the city’s financial statements for the year ending December 31, 2007, was submitted to the council.  Hurst moved to engage Long, CPA for the 2007 audit.  Kloepper seconded the motion.  The motion carried unanimously.

 The annual support agreement between the city and Carraway Computers for support of the city’s utility billing software was presented to the council for consideration.  The cost is $395 and includes at minimum of 2 software updates plus support for one year.  Blunt moved to approve the Easybill support agreement.  Hurst seconded the motion.  The motion carried unanimously.

 Problems with the discharge from the Jackson Farmers feed mill were discussed.  The Kansas Department of Health & Environment has informed Jackson Farmers, Inc that they must disconnect the drain at the feed mill from the city’s storm drain system by September 1, 2007.  However, they granted a request from Jackson Farmers, Inc to dump the discharge on the ground by the feed mill unless it violates city ordinances.  The discharge was tested and was found to be 5 to 10 times worse than raw sewage.  It also has a very unpleasant odor.  Kloepper moved to have the City Attorney send a letter to Jackson Farmers, Inc informing them that dumping the discharge from the feed mill on the ground is a violation of city ordinances and they must cease or they will be fined.  Blunt seconded the motion.  The motion carried unanimously.  Copies of the letter will be sent to the main office in Holton and to KDHE.

 Wohlgemuth moved to give possession of the Blue Building and the City Park to the Atchison County Fair Association from August 11, 2007 through August 19, 2007.  Hurst seconded the motion.  The motion carried unanimously.

 Mayor Potts relayed a request from Martin Hunt, a college who is in the area doing an internship.  He is getting college credit for selling study guides from Southwestern Publishing in Atchison and Jefferson Counties.  He will be writing a paper on his experiences.  Hunt has asked that the city waive the $150 permit fee for him to sell in the City of Effingham.  Wohlgemuth moved to contact a couple of cities where he has received permits and if they had no complaints on him, to waive the permit fee.  Kloepper seconded the motion.  The motion carried unanimously.

 Kloepper moved to adjourn the meeting.  Gerety seconded the motion.  The motion carried unanimously.  The meeting adjourned at 9:55 p.m. Pat Strine, City Clerk

JULY 2, 2007

COUNCIL MEMBERS PRESENT WERE:  KIRK WOHLGEMUTH, MARK HURST AND KIRK KLOEPPER.  MAYOR JIM POTTS CALLED THE MEETING TO ORDER AT 7:00 P.M.

Kloepper moved to accept the minutes of the previous meeting as written.  Hurst seconded the motion.  The motion carried unanimously.

Hurst moved to approve and pay the bills.  Kloepper seconded the motion.  The motion carried unanimously. 

Nancy Keith gave a report from the Pool Committee.  She has been checking into grant availability.  There is little available for pools.  Laura Moore of the Business and Technology Institute at Pittsburg State University suggested applying for a Community Development Block Grant from the Kansas Department of Commerce.  This could not be done for at least two years as the city has a Community Development Block Grant for the current water project and we can have only one of these grants at a time.  Also, pools are not high priority and competition is stiff.

Keith suggested the community become active in fund raising for the pool.  City Superintendent Buzz Faught reported that he has recently found out that the $450,000 price quoted to the city would be for a pool about half the size of the existing pool.  This would probably not be large enough.  The city can take on no more than $500,000 in additional debt to pay for a pool.  An engineer that specializes in pools will be in town within the next two weeks to price pool repair and renovation for the city.

Cara Hendricks, project engineer, reported on the water project.  She reported that well #3 has been tested for flow and should pump a consistent 30 gallons per minute.  Kramer Engineering has also tested the water composition at well #3.  The report should be in within the week.  Hendricks told the council that there is no current law regarding chlorine contact time for ground water.  However, there could be in the future.  An alternate bid for additional piping to allow longer chlorine contact with the water before it reaches the first customer will be included in the project bid documents.  An auto-transfer switch for the generator at the pump house will cost approximately $2,500.  This will be included in the bid documents also.  Hendricks said she has been unable to get exact prices to compare a masonry building and a fiberglass building for the pump house.  The city would prefer a masonry building for more durability.  The line replacement on Seabury Street will remain in the project.  A radio control system for the tower will be considered as part of the project.  The cost for a radio system is approximately $25,000.  The city pays $140 a month at this time for a phone line loop to operate the tower controls.  Hendricks told the council that the project is still on track to be bid in September.  A bill from Kramer Engineering in the amount of $9,464 and KPWSLF Request For Payment # 4 in the amount of $9,464 to pay the bill were submitted for consideration.  Kloepper moved to pay Kramer’s bill in the amount of $9,464 and to approve and submit KPWSLF RFP #4 for funds to pay the bill.  Wohlgemuth seconded the motion.  The motion carried unanimously. 

Willard Wills was present to discuss the bill he received from the city for work on his sewer line.  He also received a bill from Hawk Plumbing for work on his sewer line.  He was told his problem was probably tree roots.  He augured 93 feet and did not find any tree roots.  Two weeks later when the city and Bill Hawk dug up and repaired the line, it was discovered that it had broken due to ground shift.  The break was located on his property and not at the main.  The city does not work beyond the main.  Therefore, he is responsible for the bill.  Wills said he would like to have the job finished.  He has ruts in his yard and a mess where digging was done that need to be fixed.   Wills also expressed concern about liability issues at the dig.  He is an OSHA safety inspector and saw several questionable practices he believes the city should address.

Brandon Cummings was present to discuss the purchase of the city-owned property adjacent to his property at the west end of Main Street.  It was reported that there is some question about the exact description of the property and there is a small triangle at the east end of the property that needs to be explored further before the description can be completed.  He asked if the alley behind his property could be rocked as soon as possible as it is in bad shape.  This will be taken care of as soon as possible.

Resolution No. 1090 regarding the annexation of the property where the new water tower will be built was discussed.  The resolution sets a Public Hearing on the proposed annexation at 7:00 p.m. on September 5, 2007.  The property being annexed is owned by the City of Effingham but is located just outside the city limits.  Kloepper moved to adopt Resolution No. 1090.  Hurst seconded the motion.  The motion carried unanimously.

Ordinance 2007-2 setting weight limits on city streets and establishing a truck route in the city was submitted for consideration.  The council would like to have more time to review the ordinance.  City Attorney, Leonard Buddenbohm will talk to Bob Jackson about use of Edwards as part of the truck route.  The ordinance will be considered again at the August meeting.

Storm drain problems in the 400 block of Howard were discussed.  Residents on the east side of the street have been having problems with water in their basements ever since the new street was constructed.  City Superintendent, Buzz Faught will be investigating this matter further and will report back to the council.

Buzz Faught gave the City Superintendent’s report to the council.  He will be fixing the tube at Cliff Morgan’s soon.  He is working on alleys and will backfill curbs on Howard Street.  He will keep looking for a grader.  Faught reported that the Massey 35 Tractor is in bad condition.  He will look into repairing and/or replacing it and report back to the council.

The new state law prohibiting operation of all ATVs on the streets of all incorporated cities in Kansas was discussed.  The city can pass an ordinance allowing ATVs in Effingham if they desire.  The can set forth rules for the operation of the vehicles within the city limits.  An ordinance requiring a permit to operate an ATV on the streets of Effingham and setting requirements for the permit will be considered at the next meeting.  Ruth Dillon asked if the council would give consideration to a petition to abide by the state law and not allow ATVs to operate in the city.  The council would consider such a petition.

The security cameras were discussed.  Frank Trulove will be contacted to get these working correctly or refund the city’s money.  The sheriff will be contacted about using the cameras to cite violators.

Concern about visibility at the corner of Howard and Main was discussed.  Parking in front of McCoy’s store blocks the view.  A fire lane fifty feet each way from the fire hydrant on the corner will be marked.  This should help with visibility.

It was reported that skate boards have been causing problems in the street on Howard Street.  This is a dangerous situation and sometimes the skate boards and a metal ramp are left in the street.  These cannot be readily seen after dark.  It was suggested that a deputy be sent to speak to the parents of the children involved. 

Wohlgemuth moved to adjourn the meeting.  Kloepper seconded the motion.  The motion carried unanimously.  The meeting adjourned at 9:00 p.m. Pat Strine, City Clerk

JUNE 6, 2007

COUNCIL MEMBERS PRESENT WERE KIRK WOHLGEMUTH, BOB BLUNT, MARK HURST, KIRK KLOEPPER AND MIKE GERETY.  MAYOR JIM POTTS CALLED THE MEETING TO ORDER AT 7:00 P.M.

 The Council heard a report from the Pool Committee which was given by Pat Donaldson.  He reported that the committee had sent 13 letters to area cities requesting information regarding their pools.  The committee received only 2 responses.  Donaldson then emailed the remaining 11 cities and received 1 response.  The committee would like the city to send out the survey they submitted previously.  In a letter sent to the city council, the committee recommended replacement of the existing pool as the best investment for the community.  They also recommended that the city obtain bids from three contractors for pools of a similar size with a wading pool, slides and bath facilities.  Committee member, Eileen Ellerman said she would be happy to help fold surveys for mailing.  The council thanked the committee for all the work they have done.

 Position and committee appointments were submitted by the mayor for consideration by the council.  The appointments are:

             Positions

            City Superintendent                              Montre “Buzz” Faught

            City Clerk                                            Pat Strine

City Treasurer                                      Sue Martin

City Attorney                                        Leonard Buddenbohm

Fire Chief                                             Mark Hurst

Municipal Judge                                    John Kurth

Clerk of the Court                                Sue Martin

Committees

Finance                                                Blunt & Gerety

Parks, Playgrounds, Pool                      Gerety & Wohlgemuth

Water                                                   Blunt & Kloepper

Streets, Alleys                                      Hurst & Kloepper

Health, Sanitation, Beautification           Hurst & Wohlgemuth

Buildings, Equipment, Xmas Lights        Gerety & Wohlgemuth

Kloepper moved to approve the appointments submitted by Mayor Potts.  Blunt seconded the motion.  The motion carried unanimously.

 Blunt moved to accept the minutes of the previous meeting as written.  Kloepper seconded the motion.  The motion carried unanimously.

 Hurst moved to approve and pay the bills.  Gerety seconded the motion.  The motion carried unanimously.

 Notes regarding the water project from Cara Hendricks, project engineer, were reviewed.  Mayor Potts and City Superintendent, Buzz Faught also reported on their meeting with Hendricks.  They reported that the location of the new chlorination building has been changed to the west of the existing building instead of east.  Changing the piping from the chlorination building to the first customer to allow adequate contact time for proper chlorination of the water was discussed.  This is not a requirement at this time, but may be in the future.  This will be done if the budget allows.  The line to be replaced on Seabury Street was also discussed.   The necessity of this replacement was discussed.  The main is inadequate to carry the necessary flows for customers and hydrants.  It was decided to leave the line replacement in the project.  Hendricks plans to have the project plans ready for the city by mid-July.  It was also reported that the annexation of the city’s property on the west side of Edwards Road is progressing.  The public hearing will be held on August 1^st at the regular city council meeting.

 A bill from Kramer Engineering in the amount of $3,549.00 for engineering services on the water project was submitted for payment along with KPWSLF Request for Payment No. 3 in the amount of $3,549.00.  Blunt moved to approve KPWSLF Request for Payment No. 3 in the amount of $3,549.00 and pay the bill from Kramer Engineering with the funds when received.  Kloepper seconded the motion.  The motion carried unanimously.

 A bill from Hosack Community Development and Planning Services in the amount of $6,920.00 for water project administration costs was submitted for approval.  CDBG Request for Funds

No. 1 in the amount of $4,940.00 was also submitted for approval.  The City will pay Hosack for his services and be reimbursed from CDBG funds.  The balance of the bill will be requested from CDBG funds in a future request.  Hurst moved to approve and pay Hosack’s bill and to approve  CDBG request for Funds No. 1 in the amount of $4,940.00.  Blunt seconded the motion.  The motion carried unanimously.

 Clarence Todd, Tree Board Committee member, presented the council with a list of trees to be removed this summer.  The city clerk will send out the notification letters to adjacent property owners to let them know to expect the tree maintenance.  Mayor Potts informed the council that he has signed a proclamation declaring September 29, 2007, as Arbor Day in the City of Effingham.

 City Superintendent, Buzz Faught reported that he attended a county commission meeting and was given approval for the county road crew to chip and seal four streets in Effingham this summer.  The cost would be $13,472.00.  Streets will need to be swept before they are covered.  Faught is looking at a broom that will fit the front of the skid loader.  The cost is $500.00.  The streets approved by the county are:  Seabury from 4^th to 9^th, 7^th street from Howard to Seabury, Elizabeth from 4^th to 1^st and all of 9^th street.  Since the cost is so reasonable and we have additional funds available, Faught would like to ask the county if they can do more streets this year.  If this is not possible, he will try to get them done next summer.  Kloepper moved to authorize Faught to contact the county to proceed with the project.  Gerety seconded the motion.  The motion carried unanimously.

 Faught reported that he is working on alleys and will lengthen the tube at Cliff Morgan’s to improve the water flow.  The leak at David Johnson’s has been fixed and he will be filling in the hole tomorrow.  He also needs to fix the tube at Tim Jennings’ which has washed out again. 

 Faught asked the council to consider lowering the rental fee for the blue building so more people will use it.  The reason for the higher rate is to pay for reserve officers to patrol the area when the pool is open.  In the past, considerable damage has been done at the pool by party attendees.  This matter will be discussed at a later date.

 The bleach system at the chlorination building is drawing air.  Faught informed the council that the city may have to purchase a diffuser to correct the problem.  The cost would be approximately $150.00.

 Faught will be doing follow-up property inspections next week.  Any properties that have not complied with the city’s requests will be sent notices.  A letter from Laura Stube regarding the clean-up of her parents’ property was read by the council.  They intend to have this completed within two weeks.  The council agreed to extend the time for Bowyer’s to complete their clean-up by two weeks.

 The water standing in the pool was discussed.  The water is stagnate and could be a heath risk.  Faught will drain the pool as soon as possible.  This will be done on a regular basis in the future.

 Brandon Cummings was present to discuss his request to purchase the city property that is adjacent to his property at 602 John Street.  This property is part of the former railroad right-of-way purchased by the city.  Cummings mows the property for the city because it makes his property look better and intends to continue doing this.  Cummings wants to build a mechanics shop on the property.  Although the council agreed that the city needs new businesses, they were concerned about junked vehicles being kept at the shop for parts.  Cummings said that he doesn’t normally use used parts.  The council told Cummings that they will include language in any deed which states that no junked vehicles will be visible from the street.  Cummings said he will try not to do that and will build a screening fence if necessary.  Cummings told the council that he would like to purchase the property even if he decides not to proceed with his business plan.  Kloepper moved to pursue selling the property adjacent to 602 John Street on the south to Brandon Cummings.  Wohlgemuth seconded the motion.  The motion carried unanimously.  This matter will be discussed further at the July meeting.

 Brandon Cummings asked if another tree could be added to the row at the west end of Main Street.  The tee board will look into this matter and let him know what they determine.

 Raising the minimum charge for water was discussed.  This action was approved at the October 2006 meeting as part of the increase to cover the cost of repaying the loan for the water project.  After reviewing the figures, it has been determined that the increase will be necessary to meet

 the financial obligations of the water system.  The council agreed to implement the $5.00  increase effective with the August 2007 billing.

 Problems with excessive and illegal dumping at the burn dump site were discussed.  City Superintendent, Buzz Faught reported that there has been trash dumped at the site and also a large amount of trees.  Some of these trees are whole.  He is having a hard time keeping the debris burned and keeping the trash out.  Only brush and yard waste are allowed at the dump site.  Illegal dumping of trash, garbage, tires, etc. could result in the site being closed by the state.  The dump site will be locked and residents must go to the City Office or find the City Superintendent to have their load inspected and get the key to the dump.  Records will be kept of dump use.  Users will be encouraged to let the city know if they see illegal items at the dump.  Otherwise it may be assumed that they dumped the illegal items.  City Attorney, Leonard Buddenbohm will check with the state to see who is allowed to use the dump site and if a fee can be charged to non-residents who want to use the dump.

 A citizen’s request to ban fireworks that shoot upward and those that make too much noise was relayed to the council.  The council agreed that the city will abide by the state regulations regarding allowable fireworks.  Fireworks can be sold and discharged from June 27 to July 5 only.

 The cost charged for copies and faxes at the city office was discussed.  We have been charging $.10 for each copy and $5.00 + $1.00 per page for a fax.  Faxes are only done in emergency situations and large amounts of copies are not done.  Also discussed were rates to be charged for open records requests.  These need to be approved by the council.  Hurst moved to charge the following fees for services provided by city staff:

            Open Records Requests Made in Writing to the City Clerk  

                        $15.00 minimum charge for up to 1 hour for records search and copying

            $15.00 per hour for each additional hour

            $    .50 for each copy made

            Plus Postage if records are mailed

Other Services

            $    .50 per copy – copies are made for the public only if it does not interfere with

                        normal business operations of the city office and no large quantities will

                        be made.

No faxes will be sent or received for the public – the city’s fax machine is for city business use only

 Gerety seconded the motion.  The motion carried unanimously.

 Rescheduling the July meeting was discussed.  The first Wednesday of the month is the Fourth of July.  Kloepper moved to hold the July meeting on Monday, July 2^nd at 7:00 p.m.  Hurst seconded the motion.  The motion carried unanimously.

 Installing weight limit signs on Howard Street was discussed.  The trash trucks are still using this street for access even though Dale Martin agreed to use the street only when refueling at the local COOP.  City Attorney, Buddenbohm will prepare an ordinance setting weight limits on certain streets and establishing a truck route.  This will be considered at the next meeting.

 Concerns about the fire hydrants located at the high school were voiced.  These hydrants do not function properly.  The school district is aware of this.  The school district and the city have an agreement which states that the city will assist with maintenance of the fire hydrants.  However the hydrants were installed by and are the property of the school district.  City Superintendent, Buzz Faught will contact the school district about this matter and a follow-up letter will be sent.

 Faught asked if the restrooms at the Blue Building can be opened on Memorial Day weekend in the future.  There are no public restrooms available at that time.  Signs would need to be posted to inform the public.  Worries about vandalism have always prevented the city furnishing public restrooms, but the council agreed to open the restrooms for Memorial Day. 

 Blunt moved to adjourn the meeting.  Wohlgemuth seconded the motion.  The motion carried unanimously.  The meeting adjourned at 9:08 p.m.  Pat Strine, City Clerk