City Council
Regular MeetingPaola, KS · March 13, 2007
Minutes
MINUTES OF THE REGULAR COUNCIL MEETING
OF THE CITY OF PAOLA, KANSAS
5:30 O’CLOCK P.M.
March 13, 2007
HELD AT THE PAOLA PUBLIC WORKS BUILDING
29370 Old KC Road in Paola
The Governing Body of the City of Paola, Kansas, met with Mayor Stuteville presiding.
Councilmembers present: Mayor Stuteville and Council Members Pritchard, Dial,
Rowlett, and Hamilton.
Council Members absent: None.
Also present: Manager VanderHamm, Clerk Droste, City Attorney Tetwiler,
Public Works Director Bieker, Planner Givens, Police Chief
Smail, Brian McCauley from the Miami County Republic, and
others.
PLEDGE OF ALLEGIANCE: Mayor Stuteville invited everyone in attendance to join in
the Pledge of Allegiance.
Agenda Item 1 - CALL TO ORDER: The regular council meeting was called to order by
Mayor Stuteville.
Agenda Item 2 - ROLL CALL: Mayor Stuteville and Council Members Pritchard, Dial,
and Rowlett were all present.
Agenda Item 3 - PETITIONS, REMONSTRANCES, AND COMMUNICATIONS
Justin Aude of 705 Redbud addressed the Council regarding traffic control in Indian Hills
Subdivision. He reported that the homeowners association in Indian Hills surveyed the
residents and 84% agreed that removable speed bumps should be installed Redbud Drive.
The homeowners association is willing to pay for the cost of the speed bumps if the Public
Works Department would do the installation. The request was taken under advisement.
Agenda Item 4 - CONSENT AGENDA
a. Approval of minutes of the meetings of February 27, 2007
b. Approval of Salary Ordinance number 07-04
c. Approval of Appropriation Ordinance No. 600
Councilmember Hamilton made a motion to approve the Consent Agenda and authorize the
Mayor to sign. Councilmember Dial seconded the motion and all voted aye.
Paola City Council Minutes – March 13, 2007
Page 1
Clerk Droste presented a change to the agenda. He reported that Item 5g was amended to
include a request for a leak allowance for 1708 Industrial Park Drive.
Agenda Item 5 – REPORTS OF OFFICERS, BOARDS AND COMMITTEES
Agenda Item 5a - Public Hearing to consider the petition to vacate a portion of Oak
Street the City of Paola.
Councilmember Hamilton made a motion to open the Public Hearing to consider the petition
of Mr. & Mrs. Donald Bogard, requesting the vacation of the easterly 4.37 feet of Oak Street
adjacent to Lot 6, Block 6 in the City of Paola. The motion was seconded by
Councilmember Pritchard and all voted aye.
Clerk Droste advised that the petition had been withdrawn by the Mr. & Mrs. Bogard.
Councilmember Hamilton made a motion to close the Public Hearing. The motion was
seconded by Councilmember Dial and all voted aye.
Councilmember made a motion to Hamilton accept the withdrawal of the petition of Donald
E. Bogard, Jr. and Rhonda D. Bogard, requesting the vacation of all of the easterly 4.37 feet
of Oak Street lying along and adjacent to the westerly line of Lot 6, Block 6, in the City of
Paola, Kansas. The motion was seconded by Councilmember Pritchard and all voted aye.
Agenda Item 5b - Presentation on the new Fire Station by Treanor Architects.
Andy Pitts representing Treanor Architects presented a report on the status of the design of
the new fire station. Mr. Pitts presented a preliminary site plan for the facility on the existing
Municipal Parking Lot No. 1 at the southwest corner of Silver and Piankishaw. He discussed
the functionality of the facility and reviewed the floor plan of the design.
Mr. Pitts reviewed the cost, scope, and quality of the project. Not including “soft” costs, the
facility budget is approximately $2.2 million. At current costs of approximately $200 per
square foot, a facility of 11,000 square feet could be built within budget. The preliminary
design of the facility contains approximately 15,000 square feet.
Fire Chief Andy Martin reported that they have looked at cutting one of the equipment bays
and the third stairwell to get the facility down to 15,000 square feet. The quality of finish
materials was discussed as a means to reduce the cost of the project. Another option is to bid
areas on the second floor as unfinished space with alternate bids to finish the space. Then if
the bids come in lower than anticipated, the space can be finished and still remain within
budget.
Chief Martin explained that the Fire Department is giving presentations to community groups
about the proposed project. Mark Farmer presented a schedule of the presentations and
discussed some of the comments that have been fielded at these presentations. Councilmember
Hamilton addressed some of these comments and suggested that the Council should be
Paola City Council Minutes – March 13, 2007
Page 2
informed in advance about the presentations so that they would be better prepared to answer
questions from citizens.
Agenda Item 5c - Consider changes to fees charged at the Aquatic Center.
Manager VanderHamm reported that the last time that the rates at the Aquatic Center were
adjusted was in March of 2004. The rates are important as the sales tax revenue is no longer
available to subsidize the operations of the pool. In 2005, the pool lost $68,133 from
operations and in 2006, the pool ended the year with a $70,493 deficit.
Manager VanderHamm reported that he met with Pool Manager Sherry Ball and they were
recommending the following adjustments to pool fees:
Current Proposed
Daily Admission $3.00 $4.00
Senior Citizen Daily $1.50 $1.50
Season Pass $50.00 $60.00
Coupons (10) $25.00 $35.00
Party Rental $300.00 $300.00
Swimming Lessons $32 - $37 $32 - $37
Aerobic Lessons $33.00 $33.00
Manager VanderHamm also reported that concession prices would be reviewed to make sure
that adequate profit margins are maintained. Pool Manager Ball indicated that she surveyed
area pools and the proposed fees are about mid range compared to other municipal pools.
After discussing the proposal, Councilmember Rowlett made a motion to approve changes to
the fee schedule for the Aquatics Center as presented. The motion was seconded by
Councilmember Hamilton and all voted aye.
Agenda Item 5d - Consider changes to the Lake Miola Rules and Regulations.
Clerk Droste presented a “marked up” draft of the Lake Miola Rules and Regulations which
shows the recommended changes proposed by the Lake Miola Committee. A clean draft of
the regulations was also presented in the form of an Ordinance.
Public Works Director Bieker reviewed some of the changes recommended by the Lake
Miola Committee such as changes in camping regulations, fee schedules, parking, and
boating regulations.
Councilmember Hamilton asked if any campground improvements were planned in
conjunction with the increase in camping fees. He indicated that several persons had
complained that the campsites were not level. Public Works Director Bieker indicated that
the sites were not designed for many of the larger campers, but there will be some
improvements made to the campsites.
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After discussing the regulations, Councilmember Hamilton made a motion to approve the
Lake Miola Rules and Regulations as presented in AN ORDINANCE TO AMEND
ARTICLE II – MIOLA LAKE – IN GENERAL, ARTICLE III – BOATING, ARTICLE IV
– FISHING, AND ARTICLE V - PENALTY OF TITLE II OF THE CODE OF THE CITY
OF PAOLA and instructed the City Clerk to publish said Ordinance. The motion was
seconded by Councilmember Dial and all voted aye. Clerk Droste assigned No. 2936 to the
Ordinance.
Agenda Item 5e - Consider and agreement with Ponzer Younquist to provide a flood
plain study at 304 E Osage and FEMA’s Letter of Map Revision.
Manager VanderHamm reported that an additional proposal from Allenbrand Drews has been
solicited for the flood plain study at 304 E Osage and that proposal has not yet been received.
He recommended that this issue be tabled for two weeks until the additional bid has been
received.
The issue was tabled and no action was taken.
Agenda Item 5f - Community Center report presented by Chad Myers, Community
Center Director.
Chad Myers, Community Center Director, presented a report on the activities that have been
held at the Community Center during the past two months.
January events:
• Movie Night – Jan. 20
• Increased building rentals
• ELOI weekly church service began using the facility
• Fire training – Jan. 17
• Building custodian hired and started work Jan. 13
• Kansas Day celebration at the PCC – Jan. 27
• Hootin’ Annies bluegrass concert – Jan. 27
February events:
• City staff training – Feb. 1
• Holy Trinity talent practice – Feb. 2
• Alcoholics Anonymous started meeting at the PCC 3 days /week – Feb 2
• Miami County Quilters Guild continues to meet on Saturdays
• Wal-Mart staff training – Feb. 15
• First PCC Summer Enrichment program meeting – Feb. 22
• Free movie night – Feb. 24
Total 2 month attendance: 1846
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Events planned for March:
• Irishfest – March 3 – approximately 450 people in attendance
• Continue to increase number of building rental groups.
• 60 person birthday party – March 10
• Wedding – March 17
• Winter Wow Variety Show – March 24
• Smithsonian Program “Between Fences” – March 31
Director Myers reported that the Community Center Board Committees have continued to
meet and have accomplished the original six-month objectives set in October. Work is now
being done to create new objectives through 2008.
Many meetings have been held with Doug Loyd, the building architect, as well as other
contractors and the PCC building committee to finalize the renovation plans.
Work is being done for the Summer Enrichment program to have a structured, well-managed
program in the summer of 2007. This will include instructors with lesson plans, program
outcomes, classes working together, and a graduation program at the end for all students.
Plans are underway for a PCC Membership Dinner to occur on Sat. April 14. The Americana
Music Academy will begin offering music lessons in April at the PCC. Grants are being
sought for future programs and scholarships for program participants.
Agenda Item. 5g - Consider a request for a water leak allowance at 702 E Piankishaw
and for 1708 Industrial Park Drive.
Clerk Droste presented two requests for water leak allowances. A leak at 702 E Piankishaw
was repaired and the appropriate documentation was provided to qualify for a leak allowance
of $207.68. Additionally, the property at 1708 Industrial Park Drive experienced a leak and
was repaired and also qualifies for a leak allowance in the amount of $192.87.
Councilmember Dial made a motion to approve a leak allowance for 702 E Piankishaw in the
amount of $207.68 and for 1708 Industrial Park Drive in the amount of $192.87. The motion
was seconded by Councilmember Pritchard and all voted aye.
Agenda Item 5h - Consider bids for new mowers for the Public Works Department.
Brad Kinaman, Grounds Superintendent in the Public Works Department presented bids for
two new mowers to replace the two oldest mowers currently in use. Bids were received from
Smith Sales & Service, Wiseman Lawn, Blue Valley Tractor, The Family Center, and
Heritage Tractor and ranged from a low of $10,780 to $13,600. The low bid was submitted
by Heritage Tractor for Exmark Frontrunner mowers at $10,780.00 each.
Paola City Council Minutes – March 13, 2007
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After discussing the bids, Councilmember Pritchard made a motion to approve the bid from
Heritage Tractor for two Exmark Frontrunner mowers in the amount of $21,560.00. The
motion was seconded by Councilmember Dial and all voted aye.
Agenda Item 6 - NEW BUSINESS
Manager VanderHamm reported than an anonymous letter was sent to approximately 300
area residents regarding low flying aircraft near Paola.
Manager VanderHamm reported that City Staff has been in contact with KDOT regarding the
blue service information signs that are placed near highway exit ramps. KDOT contracts
with Kansas Logos Inc. for these signs and we have been advised that information has been
sent to area businesses and a site plan has been completed for our interchange.
Two of the four new patrol cars have been delivered and are being prepared for service. The
other two cars are in transit.
Manager VanderHamm reported that the March 27th Council Agenda will include a
presentation of the Comprehensive Plan and continued discussion on the closing of 295th
Street.
A copy of the minutes from the K68/MO2 Corridor Coalition meeting on March 1st was
presented and discussed.
Financial Reports for the month of February were presented.
Councilmembers Hamilton, Rowlett, Dial, and Pritchard had no new business to discuss.
Mayor Stuteville asked about the date for the city wide clean up. April 28th has been
scheduled for the pick up date for the clean up. Mayor Stuteville also asked about signs for
community groups or churches. There was some discussion about these types of signs and if
they were allowed under the sign regulations
Denis Hinman asked for confirmation of the budget for the new fire department. Manager
VanderHamm indicated that the total project budget is $2.8 million which is the total
principal amount of the bonds that will be serviced by the ¼ cent sales tax.
Jason Frizzell asked if an additional apparatus was still planned in the financing for the new
fire station. Councilmember Hamilton indicated that with the anticipated shortage for the fire
facility, there will not be sufficient cash up front to purchase additional apparatus. The
question is timing and how do we pay for it.
Agenda Item 7 -EXECUTIVE SESSION - K.S.A. 75-4319(B)(1) and K.S.A. 75-
4319(B)(2) are the authorities for this recess.
Paola City Council Minutes – March 13, 2007
Page 6
Councilmember Hamilton made a motion to adjourn to Executive Session, to include the
Mayor, Council, City Manager, and City Attorney, for 60 minutes for the purpose of a
consultation with an attorney for the governing body which is deemed privileged in the
attorney-client relationship; the regular meeting to reconvene at 8:30 p.m. The motion was
seconded by Councilmember Pritchard and all voted aye.
Councilmember Dial made a motion to reconvene the adjourned meeting. The motion was
seconded by Councilmember Pritchard and all voted aye.
Councilmember Rowlett made a motion to adopt Resolution No 2007-004 referring to Rural
Water District No. 2 and their application for a USDA Rural Development loan, Section
1926(b). The motion was seconded by Councilmember Dial and all voted aye.
Councilmember Pritchard made a motion to adjourn to Executive Session, to include the
Mayor, Council, City Manager, and City Attorney, for 60 minutes for the purpose of
discussing personnel matters of non-elected personnel, the regular meeting to reconvene at
9:30 p.m. The motion was seconded by Councilmember Dial and all voted aye.
Councilmember Rowlett made a motion to reconvene the adjourned meeting. The motion
was seconded by Councilmember Hamilton and all voted ay
Agenda Item 9 – ADJOURNMENT.
With no additional business to come before the Council, Councilmember Rowlett made a
motion to adjourn the meeting. Councilmember Dial seconded the motion and all voted aye.
_________________________________
Artie Stuteville, Mayor
ATTEST: (seal)
______________________________
Daniel G. Droste, City Clerk
Paola City Council Minutes – March 13, 2007
Page 7
Agenda
AGENDA
REGULAR COUNCIL MEETING OF THE CITY OF PAOLA, KANSAS
HELD AT THE CITY OF PAOLA PUBLIC WORKS BUILDING
March 13, 2007 - 5:30 pm
~ Thank you for turning off your cell phone or pager. Council Meetings are tape recorded. ~
PLEDGE OF ALLEGIANCE
1. CALL TO ORDER
2. ROLL CALL - Pritchard ___ Dial ___ Rowlett ___ Hamilton ___ Mayor Stuteville ___
(Note: The Mayor only votes in the event of a tie)
3. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS
Oral Communications from the audience (When addressing the Council, please step to the podium
and state your name and address so that it can be recorded in the minutes of the meeting. Please limit your
comments to 5 minutes or less and to items NOT on the agenda. Thank you.)
4. CONSENT AGENDA
The items on the Consent Agenda are considered by the Governing Body to be routine business items. Agenda
items may be approved by a single motion, second and a majority vote with no separate discussion of any item
listed. Should a member of the Governing Body desire to discuss any item, at his/her request it will be removed
from the Consent Agenda and considered separately.
a. Approval of minutes of the meetings of February 27, 2007.
b. Approval of Salary Ordinance number 07-04
c. Approval of Appropriation Ordinance No. 600
Action–Motion to approve/not approve the Consent Agenda, authorize the Mayor to sign.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
5. REPORTS OF OFFICERS, BOARDS AND COMMITTEES
a. Public Hearing to consider the petition to vacate a portion of Oak Street the City of
Paola.
Action – Motion to open the Public Hearing to consider the petition of Mr. & Mrs.
Donald Bogard, requesting the vacation of the easterly 4.37 feet of Oak Street
adjacent to Lot 6, Block 6 in the City of Paola.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
Paola City Council Meeting Agenda – 03/13/2007
Page 1
Action – Motion to close the Public Hearing.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
Action – Motion to approve/not approve the petition of Donald E. Bogard, Jr. and
Rhonda D. Bogard, requesting the vacation of all of the easterly 4.37 feet of Oak
Street lying along and adjacent to the westerly line of Lot 6, Block 6, in the City of
Paola, Kansas, as identified in the petition, (provided however, that the City of Paola,
reserves for itself, and its assigns, the right to erect, install, operate, replace, repair
and maintain any and all water lines, sewer lines, gas lines, telephone lines, electrical
utility lines, and cable TV lines presently located, if any under, through, over, along
and across the described portion of the street so vacated); and that all costs associated
with this action be paid by the petitioners.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
b. Presentation on the new Fire Station by Treanor Architects.
c. Consider changes to fees charged at the Aquatic Center.
Motion to approve/not approve changes to the fee schedule for the Aquatics Center as
presented.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
d. Consider changes to the Lake Miola Rules and Regulations.
Motion to approve/not approve amendments to the Lake Miola Rules and Regulations as
presented.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
e. Consider and agreement with Ponzer Younquist to provide a flood plain study at
304 E Osage and FEMA’s Letter of Map Revision.
Motion to approve/not approve an agreement with Ponzer Younquist in the amount of
$16,500 to provide a flood plain study and FEMA Letter of Map Revision.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
f. Community Center report presented by Chad Myers, Community Center Director.
g. Consider a request for a water leak allowance at 702 E Piankishaw.
Paola City Council Meeting Agenda – 03/13/2007
Page 2
Motion to approve/not approve a leak allowance for 702 E Piankishaw in the amount of
$207.68.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
h. Consider bids for new mowers for the Public Works Department.
Motion to approve/not approve the bid from Heritage Tractor for two Exmark
Frontrunner mowers in the amount of $21,560.00.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
6. NEW BUSINESS
a. City Manager
b. Council
c. Mayor
7. EXECUTIVE SESSION - K.S.A. 75-4319(B)(1) and K.S.A. 75-4319(B)(2) are the
authorities for this recess.
Action – Motion to adjourn to Executive Session, to include the Mayor, Council, City
Manager, and City Attorney, for ____ minutes for the purpose of discussing personnel
matters of non-elected personnel and for the purpose of a consultation with an attorney
for the governing body which is deemed privileged in the attorney-client relationship; the
regular meeting to reconvene at ________ p.m.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
Action – Motion to reconvene the adjourned meeting.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
8. ADJOURNMENT
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
Notice: It is possible that sometime between 5:00 p.m. and 5:30 p.m. immediately prior to this meeting, during
breaks, and directly after the meeting, that a majority of the Governing Body may be present in the meeting room,
hallway, or parking lot. No one is excluded from these areas at any time.
Paola City Council Meeting Agenda – 03/13/2007
Page 3
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