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City Council

Regular Meeting

Paola, KS · April 10, 2018

AgendaMinutes

Minutes

MINUTES OF THE COUNCIL MEETING OF THE CITY OF PAOLA, KANSAS 6:00 O’CLOCK P.M. April 10, 2018 Held in the Municipal Court Room at the Paola Justice Center 806 N Pearl Street in Paola The Governing Body of the City of Paola, Kansas, met with Mayor Stuteville presiding. Council Members present: Mayor Artie Stuteville and Council Members Dave Smail, Gee Gee Wilhoite, Leigh House and Aaron Nickelson. Council Members absent: None Also present: City Manager Jay Wieland, City Clerk Dan Droste, Assistant City Clerk Stephanie Marler, City Attorney Lee Tetwiler, Chief of Police Don Poore, Public Works Director Kirk Rees, Brian McCauley with the Miami County Republic, Conner Walker, Sherry & Joel Ahlbrandt, Sheila Jacobs, members of Public Works, members of the Police Department, members of the Fire Department and others. CALL TO ORDER: The regular council meeting was called to order by Mayor Stuteville. ROLL CALL: Mayor Stuteville and Council Members Smail, House, Wilhoite, and Nickelson were all present. PRESENTATION: Police Chief Don Poore presented Conner Walker with the Good Citizen Award for returning valuable personal property to the rightful owner. Police Chief Don Poore also presented Dustin Hawkins with the Medal of Merit for alerting some homeowners that their residence was on fire. The State of Kansas presented AAA Traffic Safety Award to the Police Department. Human Resources Director Belt presented 5 Year Service Awards to: Richard Rayzor, Nicholas Gazzano and Aaron Nickelson; 10 Year Service Awards to: Woodrow Farmer, Eric Jenkins, Brett Marler, Jay Wieland and Jeff VanDonsel; 15 Year Service Awards to: Amanda VanVlack, Mike Tinker, and Christopher Courtney; 20 Year Service Award to: Don Poore; and 25 Year Service Awards to: Andrew Martin and John Hinman. Agenda Item 1 - CONSENT AGENDA a. Approval of minutes of the meeting of March 13, 2018 and April 3, 2018. b. Approval of Salary Ordinances 18-06 and 18-07. c. Approval of Appropriation Ordinances 875 and 876. d. Approval of the Pledged Collateral Report for March, 2018. e. Approval of the Journal Entries Reports for March, 2018. f. Renewal of the Retail Liquor License for In Good Spirits g. Renewal of the Drinking Establishment License for Beethoven’s. Paola City Council Minutes – April 10, 2018 Page 1 Council Member Smail made a motion to approve the Consent Agenda as presented and authorize the Mayor to sign. The motion was seconded by Council Member Nickelson and all voted aye. The motion passed 4 to 0. Agenda Item 2 - COMMENTS FROM THE PUBLIC – Sheila Jacobs addressed the council regarding her property tax, Mayor Stuteville directed her to the county for that issue. Shannon and Eric Czepcinski addressed the Council regarding the Pit Bull ban, Mayor Stuteville agreed to discuss the matter further at the next work study meeting, Agenda Item 3 - UNFINISHED BUSINESS – None. Agenda Item 4 - NEW BUSINESS Agenda Item 4a – Consider bid for the 2018 Street Improvement Program. Public Works Director Kirk Rees presented to the Council plans for the repairs of various streets as part of our regular street maintenance program. The program for 2018 includes the mill and overlay, curb replacement, and striping of various streets. The curb replacement will be completed by the City’s Street Department and the other repairs will be performed by independent contractors. Bids for the work performed by outside contractors are as follows: Mill & Overlay Bids Killough Construction $177,655.90 O'Donnell & Sons $209,333.20 McAnany Construction $213,485.50 Chip & Seal Bids Vance Brothers $103,858.23 Stiping Bids Street Wise $12,326.90 K&G Striping $13,033.00 After additional discussion, Council Member Wilhoite made a motion to approve the bids from Killough Construction in the amount of $177,655.90 for Mill and Overlay; and the bid from Vance Brothers in the amount of $103,858.23 for Chip and Seal; and the bid from Street Wise in the amount of $12,326.90 for Striping for the 2018 Street Improvement Program. The motion was seconded by Council Member Nickelson and all voted aye. The motion passed 4 to 0. Paola City Council Minutes – April 10, 2018 Page 2 Agenda Item 4b -Consider approval of disbursements from the Transient Guest Tax Fund. Manager Wieland reported that the Paola Convention and Tourism Committee met on Monday, March 26, 2018 to review several grant applications for fiscal year 2018. Please note that formal action has already been taken on the applications from the Lil Red Hen and Paola Pathways. Grant Applicant Request Approved Lil Red Hen Heartland Quilt $500 $500 Shop Hop Paola Chamber $2,500 $2,500 Fireworks Show Roots Festival $10,000 $10,000 Frontier Agricultural $2,000 $750 Connections (brochure) Hearlant Art Guild $3,000 $3,000 Marketing Miami County Arts Coalitiion $2,500 $2,500 Paola Chamber -Travel $500 $500 Industry of KS Conference Paola Farmers Market $750 $750 Paola Chamber Car Show $4,000 $4,000 Paola Chamber $1,000 $1,000 Kansas Day Celebration Paola Pathways 5K $1,000 $1,000 Paola Chamber Visitors Center $1,920 $1,920 Paola Chamber $1,000 $1,000 Wine and Brew Rendezvous The total of the approved funding for grants as recommended is $29,420. After additional discussion, Council Member Smail made a motion to approve disbursements from the Transient Guest Tax Fund as presented. The motion was seconded by Council Member House and all voted aye. The motion passed 4 to 0. Agenda Item 4c - Consider an Ordinance establishing a Franchise Agreement with JMZ Corporation. Manager Wieland reported that the JMZ Corporation would like to install fiber optic in the community to provide internet service. In the future this will help promote the Industrial Park in Paola. He presented a draft of an Ordinance establishing a Franchise Agreement between JMZ Corporation and the City of Paola. After discussion, Council Member Wilhoite made a motion to approve AN ORDINNCE OF THE CITY OF PAOLA, KANSAS, GRANTING JMZ CORPORATION DOING BUSINESS AS KWIKOM COMMUNICATIONS, A KANSAS CORPORATION, ITS SUCCESSORS Paola City Council Minutes – April 10, 2018 Page 3 AND ASSIGNS, A TELECOMMUNICATIONS FRANCHISE AND PRESCRIBING THE TERMS OF SAID GRANT AND RELATING THERETO. The motion was seconded by Council Member Nickelson and all voted aye. The motion passed 4 to 0 and the Ordinance was assigned number 3123. Agenda Item 4d - Consider an Ordinance amending Section 03.210 of the Land Development Ordinance. Manager Jay Wieland reported that the Planning Commission has addressed some concerns regarding the accessory building section of the Land Development Ordinance. Manager Wieland presented the amendments to Section 03.210 of the Land Development Ordinance. After discussion, Council Member Nickelson made a motion to approve AN ORDINANCE AMENDING SECTION 03.210 ACCESSORY USES, RESIDENTIAL OF ARTICLE 03, USE REGULATIONS, OF THE LAND DEVELOPMENT ORDINANCE FOR THE CITY OF PAOLA, KANSAS. The motion was seconded by Council Member Wilhoite and all voted aye. The motion passed 4 to 0 and the Ordinance was assigned number 3124. Agenda Item 5 - COMMITTEE REPORTS – None. Agenda Item 6 - STAFF REPORTS Police Chief Poore reported that Troy Allen’s property has been cleaned up and looks really good. Public Works Director Rees reported that the water plant is switching back to total chlorine. City Manager Wieland reported that he will be out of the office from April 11th through April 18th. Agenda Item 7 - MISCELLANEOUS MATTERS FROM THE COUNCIL Agenda Item 8 - MISCELLANEOUS MATTERS FROM THE MAYOR – The Mayor announced board appointments. For the Community Center board; Mike Brown. Library board; Dean Loving, Larry Ward, and Sandy Armbruster; Planning Commission board; Steve Cowman, Gabe Pfefferkorn, and John McLean. Council Member Wilhoite made a motion to approve board appointments for the Community Center, Library, and Planning Commission Boards. The motion was seconded by Council Member House and all voted aye. The motion passed 4 to 0. Mayor Stuteville reminded everyone that the Community Center has a program coming up in the next week or two from Branson. Paola City Council Minutes – April 10, 2018 Page 4 Agenda Item 9 – ADJOURNMENT With no additional business to come before the Council, Council Member Wilhoite made a motion to adjourn. The motion was seconded by Council Member Nickelson and all voted aye. The motion passed 4 to 0. _________________________________ Artie Stuteville, Mayor ATTEST: [seal] ______________________________ Daniel G. Droste, City Clerk Paola City Council Minutes – April 10, 2018 Page 5

Agenda

AGENDA REGULAR COUNCIL MEETING OF THE CITY OF PAOLA, KANSAS TO BE HELD IN THE MUNICIPAL COURT ROOM AT THE PAOLA JUSTICE CENTER 805 N Pearl Street Paola, KS 66071 April 10, 2018 – 6:00 pm ~ Thank you for turning off your cell phone. Council Meetings are tape recorded. ~ PLEDGE OF ALLEGIANCE CALL TO ORDER ROLL CALL - Smail ___ Wilhoite ___ House ___ Nickelson ___ Mayor Stuteville ___ PRESENTATION: • Police Chief Don Poore to present Conner Walker the Good Citizen Award • Police Chief Don Poore to present Dustin Hawkins with the Medal of Merit. • The State of Kansas to present AAA Traffic Safety Award to the Police Department. • SERVICE AWARDS: 5 Years: Joseph Ball, Richard Rayzor, Nicholas Gazzano, and Aaron Nickelson. 10 Years: Joseph Flake, Cameron Johnson, Woodrow Farmer, Eric Jenkins, Brett Marler, John Wieland, and Jeff VanDonsel. 15 Years: Marsha Prothe, Amanda VanVlack, Mike Tinker, and Christopher Courney. 20 Years: Don Poore. 25 Years: Andrew Martin and John Hinman. 1. 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 meeting of March 13, 2018 and April 3, 2018. b. Approval of Salary Ordinances 18-06 and 18-07. c. Approval of Appropriation Ordinances 875 and 876. d. Approval of the Pledged Collateral Report for March, 2018. e. Approval of the Journal Entries Reports for March, 2018. f. Renewal of the Retail Liquor License for In Good Spirits g. Renewal of the Drinking Establishment License for Beethoven’s. Action - Motion to approve the Consent Agenda as presented and authorize the Mayor to sign. 2. COMMENTS FROM THE PUBLIC 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. 3. UNFINISHED BUSINESS – None. Paola City Council Meeting Agenda – 04/10/2018 Page 1 4. NEW BUSINESS a. Consider bid for the 2018 Street Improvement Program. Action – Motion to approve the bids from Killough Construction in the amount of $177,655.90 for Mill and Overlay; and the bid from Vance Brothers in the amount of $103,858.23 for Chip and Seal; and the bid from Street Wise in the amount of $12,326.90 for Striping for the 2018 Street Improvement Program. b. Consider approval of disbursements from the Transient Guest Tax Fund. Action – Motion to approve disbursements from the Transient Guest Tax Fund as presented. c. Consider an Ordinance establishing a Franchise Agreement with JMZ Corporation. Action – Motion to approve AN ORDINNCE OF THE CITY OF PAOLA, KANSAS, GRANTING JMZ CORPORATION DOING BUSINESS AS KWIKOM COMMUNICATIONS, A KANSAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, A TELECOMMUNICATIONS FRANCHISE AND PRESCRIBING THE TERMS OF SAID GRANT AND RELATING THERETO. (Ordinance No 3123) d. Consider an Ordinance amending Section 03.210 of the Land Development Ordinance. Action – Motion to approve AN ORDINANCE AMENDING SECTION 03.210 ACCESSORY USES, RESIDENTIAL OF ARTICLE 03, USE REGULATIONS, OF THE LAND DEVELOPMENT ORDINANCE FOR THE CITY OF PAOLA, KANSAS. (Ordinance No 3124) 5. COMMITTEE REPORTS – None. 6. STAFF REPORTS 7. MISCELLANEOUS MATTERS FROM THE COUNCIL 8. MISCELLANEOUS MATTERS FROM THE MAYOR 9. ADJOURNMENT Action – Motion to adjourn. ~ NOTICE ~ In compliance with the American with Disabilities Act, individuals needing assistance or other services or accommodation for this meeting should contact City Clerk Dan Droste at least 24 hours in advance of this meeting at 913-259-3600. It is possible that sometime between 5:30 p.m. and 6:00 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 – 04/10/2018 Page 2

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