City Council
Regular MeetingPaola, KS · June 12, 2007
Minutes
MINUTES OF THE COUNCIL MEETING
OF THE CITY OF PAOLA, KANSAS
5:30 O’CLOCK P.M.
June 12, 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 Council President Rowlett
presiding.
Councilmembers present: Council Members Pritchard, Dial, Rowlett, and Hamilton.
Council Members absent: Mayor Stuteville.
Also present: Manager Newton, Clerk Droste, Attorney Tetwiler, Police
Chief Smail, Public Works Director Bieker, Planner Givens,
Brian McCauley with the Miami County Republic, Carol
Everhart, and others.
Agenda Item 1 - CALL TO ORDER: The regular council meeting was called to order by
Council President Rowlett.
Agenda Item 2 - ROLL CALL: Council Members Pritchard, Dial, Rowlett, and Hamilton
were all present.
Agenda Item 3 - PETITIONS, REMONSTRANCES, AND COMMUNICATIONS
No one addressed the Council.
Agenda Item 4 - CONSENT AGENDA
a. Approval of minutes of the meetings of May 22, 2007.
b. Approval of Salary Ordinance number 07-10.
c. Approval of Appropriation Ordinance No. 606.
Councilmember Dial made a motion to approve the Consent Agenda, as presented, and
authorize the Mayor to sign. Councilmember Hamilton seconded the motion and all voted
aye. The motion passed 4 to 0.
Agenda Item 5a – Consider approval of a Temporary Vending Stand Permit
application procedure.
Clerk Droste reported that the request to have a temporary vending stand at the sidewalk sale
on June 15th had been withdrawn. However, an application procedure needs to be in place to
accommodate future requests.
Paola City Council Minutes – June 12, 2007
Page 1
Clerk Droste presented a draft of an application for a Temporary Vending Stand in the area
of the Park Square pursuant to Ordinance No 2542. He indicated that the ordinance does not
provide for any fee structure for the permit and the draft application only allows for a $25
daily fee for use of electricity. Droste also reported that it was highly recommended by the
City’s insurance agent that the vendor provide a certificate of liability insurance as a part of
the permit process.
After discussing the permit procedures, Councilmember Pritchard made a motion to approve
a Temporary Vending Stand permit application for vendors on the Park Square including a
$25 daily fee for use of electricity. The motion was seconded by Councilmember Dial and
all voted aye. The motion passed 4 to 0.
Agenda Item 5b -Consider approval of the selection of a grant writer for a CDBG grant
application for ADA improvements to the Paola Community Center.
Manager Newton presented a proposal from Donna Crawford to prepare a grant application
for the CDBG program for ADA improvements to the Paola Community Center. He
reported that the $5,650 fee could not be paid from revenues generated from the ½ cent sales
tax initiative as the ballot question only allowed for the funds to be used for improvement
costs to the facilities.
Given the timing of the grant application process and the potential for success, Manager
Newton recommended that the proposal be approved and the fee be paid from the
Community Center’s regular funds.
After discussing the proposal, Councilmember Pritchard made a motion to approve an
agreement with Donna Crawford of Governmental Assistance Services to write a CDBG
grant application for ADA improvements for the Paola Community Center. The motion was
seconded by Councilmember Hamilton and all voted aye. The motion passed 4 to 0.
Agenda Item 5c - Consider financial assistance to the citizens of the City of Greensburg,
Kansas.
Manager Newton presented a listing of donations that other cities have made to the LKM
Greensburg relief fund. Generally, the amount of the donation of individual cities varied
greatly, from $50 to $10,000 and from $0.13 to $6.62 per capita.
The website survey that was posted on the City’s website produced the following results:
How much should the City of Paola donate to Greensburg?
$0 / No Opinion 17 19.54%
Up to $2,500 9 10.34%
Up to $5,000 17 19.54%
Up to $10,000 18 20.69%
Up to $15,000 26 29.89%
Total Votes 87 100%
Paola City Council Minutes – June 12, 2007
Page 2
After discussing the issue, Councilmember Pritchard made a motion to approve a donation of
$5,000 for relief efforts to the City of Greensburg as they recover from the devastation
caused by a tornado on May 5th. The motion was seconded by Councilmember Dial and all
voted aye. The motion passed 4 to 0.
Agenda Item 5d - Consider an Ordinance creating a Public Building Commission to
accommodate the sale of bonds to finance the construction of the new Police and Fire
Stations and remodel City Hall, the Community Center, and Library. Funding for the
projects previously approved by voters.
Manager Newton introduced Mary Carson, Bond Counsel for the City of Paola. Mrs. Carson
explained the purpose of a Public Building Commission and presented calculations relative to
the City’s bonded debt limitation.
Mrs. Carson explained that the Public Building Commission would actually hold title to the
facilities, such as the new Police and Fire Stations, and would actually be the issuer of the
bonds to finance the facilities. She indicated that the process is used very frequently in the
State of Kansas and that Miami County had used this process to finance the Miami County
Administration Building.
After discussing the process, Councilmember Hamilton made a motion to approve AN
ORDINANCE OF THE CITY OF PAOLA, KANSAS, CREATING THE PAOLA,
KANSAS PUBLIC BUILDING COMMISSION, SPECIFYING THE MEMBERSHIP OF
THE GOVERNING BODY OF THE PUBLIC BUIDLING COMMISSION AND STATING
THE PURPOSE, FUNCTIONS, AND POWERS OF SUCH COMMISSION. The motion
was seconded by Councilmember Dial and all voted aye. The motion passed 4 to 0. Clerk
Droste assigned No. 2945 to the Ordinance.
Agenda Item 5e - Report from Carol Everhart on Economic Development activities.
Carol Everhart, Director of the Paola Chamber of Commerce, presented a report on economic
development efforts. She reported that data collection as part of the Business Retention and
Expansion Survey was in process. Volunteers are in the process of contacting the first
groups of businesses and results are to be available in August. She also reported that the
Kansas Department of Commerce hosted the Eastern Kansas Business Appreciation Awards
luncheon at Evergreen Events on June 5th. There were approximately 200 attendees and First
Option Bank, Blue Stem Environmental, Citizens State Bank, Doherty Steel, Miller
Pharmacy, Paola Senior Citizens Center, and TeamBank all received awards.
Agenda Item 6 - NEW BUSINESS
Clerk Droste reported that the KPERS and KP&F employer costs were changing effective
January 1, 2008. The KPERS rates were increasing from 5.31% to 5.93% and KP&F rates
were increasing from 13.32% to 13.88%.
Paola City Council Minutes – June 12, 2007
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Clerk Droste presented a leak allowance in the amount of $111.26 for 309 N Silver. After
discussing the request, Councilmember Pritchard made a motion to approve the request for a
leak allowance in the amount of $111.26 for 309 N Silver as presented. The motion was
seconded by Councilmember Dial and all voted aye. The motion passed 4 to 0.
Clerk Droste presented a request from Ed and Stacy Boehm to post a “Deaf Child at Play”
sign at the entrances to Heatherwood Estates. After discussing the request, Councilmember
Hamilton made a motion to approve the request for a deaf child at play sign as requested.
The motion was seconded by Councilmember Dial and all voted aye. The motion passed 4 to
0.
Manager Newton reported that work study sessions are planned for Tuesday, Wednesday,
and Thursday of next week. However, Councilmember Pritchard has indicated that he will
not be available on Thursday. After discussing the schedule, it was decided that the study
sessions would be condensed to just Tuesday and Wednesday. The meeting on Tuesday will
be held in the second floor conference room at City Hall and on Wednesday at the Council
Meeting Room at the Public Works Building. Both meetings will begin at 5:30 pm.
Councilmember Hamilton asked about the condition of the alley behind the Post Office. He
reported that the alley has not had much maintenance and it carries a lot of traffic from the
local businesses. He asked if there could be any consideration given to improvement to the
alley. After discussing the issue, it was suggested that a comprehensive evaluation of all of
the alleys near the Park Square should be done with a policy for handling maintenance issues
for all of them. The solution could include shared expenses between the City and the
Businesses.
Councilmember Dial reported that she had been contacted by Mary Miller with concerns
about the cost of season passes for families. Clerk Droste explained the rate structure for
daily admissions, discount coupons, and season passes for the pool. A family season pass
has not been offered for several years.
Councilmember Pritchard reported that he has been contacted by Mr. Joel Ahlbrandt
regarding the dust caused by the sand blasting at Taylor Forge. After discussing the issues, it
was recommended that perhaps it would be best to contact the Kansas Department of Health
and Environment to see what should be done.
Councilmember Pritchard mentioned that he has received more phone calls about Crestview
Drive.
Councilmember Hamilton asked about the brick street in the 200 to 300 blocks of East
Kaskaskia. Public Works Director Bieker reported that the sewer in the 300 block is
scheduled to be addressed this year and that the street would be considered at a later date.
Councilmember Rowlett reported that Senator Pat Apple asked in the City Officials would be
interested in attending a local dinner to discuss issues important to the area cities. The
Paola City Council Minutes – June 12, 2007
Page 4
purpose of the dinner would be to develop a better working relationship between local and
state elected officials. The Council agreed that it would be worthwhile.
Agenda Item 7 - EXECUTIVE SESSION - K.S.A. 75-4319(B)(2) is the authority for this
recess.
Councilmember Hamilton made a motion to adjourn to Executive Session, to include the
Mayor, Council, City Manager, City Clerk, City Attorney, and Bond Attorney, for 30
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
7:15 p.m. The motion was seconded by Councilmember Dial and all voted aye. The motion
passed 4 to 0.
At 7:15 pm, Councilmember Pritchard made a motion to reconvene the adjourned meeting.
The motion was seconded by Councilmember Hamilton and all voted aye. The motion passed
4 to 0.
Councilmember Hamilton made a motion to adjourn to Executive Session, to include the
Mayor, Council, City Manager, City Clerk, City Attorney, and Bond Attorney, for an
additional 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 8:15 p.m. The motion was seconded by Councilmember Dial and all voted aye.
The motion passed 4 to 0.
At 8:15 pm, Councilmember Pritchard made a motion to reconvene the adjourned meeting.
The motion was seconded by Councilmember Hamilton and all voted aye. The motion passed
4 to 0.
Agenda Item 8 – ADJOURNMENT.
With no additional business to come before the Council, Councilmember Hamilton made a
motion to adjourn the meeting. Councilmember Pritchard seconded the motion and all voted
aye. The motion passed 4 to 0.
_________________________________
Artie Stuteville, Mayor
ATTEST: (seal)
______________________________
Daniel G. Droste, City Clerk
Paola City Council Minutes – June 12, 2007
Page 5
Agenda
AGENDA
REGULAR COUNCIL MEETING OF THE CITY OF PAOLA, KANSAS
HELD AT THE CITY OF PAOLA PUBLIC WORKS BUILDING
June 12, 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 May 22, 2007.
b. Approval of Salary Ordinance number 07-10.
c. Approval of Appropriation Ordinance No. 606.
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. Consider approval of a Temporary Vending Stand Permit application procedure.
Action - Motion to approve/not approve a Temporary Vending Stand permit application
vendors on the Park Square.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
Paola City Council Meeting Agenda – 06/12/2007
Page 1
b. Consider approval of the selection of a grant writer for a CDBG grant application
for ADA improvements to the Paola Community Center.
Action - Motion to approve/not approve an agreement with Donna Crawford of
Governmental Assistance Services to write a CDBG grant application for ADA
improvements for the Paola Community Center.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
c. Consider financial assistance to the citizens of the City of Greensburg, Kansas.
Action - Motion to approve a donation of $__________ for relief efforts to the City of
Greensburg as they recover from the devastation caused by a tornado on May 5th.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
d. Consider an Ordinance creating a Public Building Commission to accommodate the
sale of bonds to finance the construction of the new Police and Fire Stations and
remodel City Hall, the Community Center, and Library. Funding for the projects
previously approved by voters.
Action - Motion to approve/not approve AN ORDINANCE OF THE CITY OF PAOLA,
KANSAS, CREATING THE PAOLA, KANSAS PUBLIC BUILDING COMMISSION,
SPECIFYING THE MEMBERSHIP OF THE GOVERNING BODY OF THE PUBLIC
BUIDLING COMMISSION AND STATING THE PURPOSE, FUNCTIONS, AND
POWERS OF SUCH COMMISSION. (Clerk assigned No. 2945 to the Ordinance.)
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
e. Report from Carol Everhart on Economic Development activities.
6. NEW BUSINESS
a. City Manager
b. Council
c. Mayor
7. EXECUTIVE SESSION - K.S.A. 75-4319(B)(2) is the authority for this recess.
Action – Motion to adjourn to Executive Session, to include the Mayor, Council, City
Manager, City Clerk, City Attorney, and Bond Attorney, for ____ 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 ___
p.m.
Paola City Council Meeting Agenda – 06/12/2007
Page 2
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 – 06/12/2007
Page 3
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