AGENDA-REGULAR MEETING GODDARD CITY COUNCIL 118 NORTH MAIN GODDARD, KANSAS December 21, 2020, 7:00 P.M
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AGENDA-REGULAR MEETING GODDARD CITY COUNCIL 118 NORTH MAIN GODDARD, KANSAS December 21, 2020, 7:00 P.M. A) CALL TO ORDER B) PLEDGE OF ALLEGIANCE AND INVOCATION C) APPROVAL OF THE AGENDA D) CITIZEN COMMENTS E) APPOINTMENTS, PROCLAMATIONS, RECOGNITIONS, & NOMINATIONS F) CONSENT AGENDA: Items on the Consent Agenda are considered by staff to be routine business items. Approval of the items may be made by a single motion, seconded, and a majority vote with no separate discussion of any item listed. Should a member of the Governing Body desire to discuss any item, the item will be removed from the Consent Agenda and considered separately. 1. Approval of Minutes a. Regular Meeting – December 7, 2020 2. Accounts Payable a. December 9, 2020 for $80,658.62 b. December 17, 2020 for $284,118.64 3. Boards & Commissions: Receive and File a. Library Board – November 9, 2020 b. Planning Commission – November 9, 2020 G) UNFINISHED BUSINESS 1. None H) NEW BUSINESS 1. STAR Bond Public Hearing 2. STAR Bond IRB 3. North Land Donation 4. Consider Sewer Cleaning Main Street 5. Cereal Malt Beverage Renewal 6. Snow Route & Removal Overview 7. Consider Purchase of New Copy Machines 8. 2021 Work Plan Discussion #1 I) CITY ADMINISTRATOR’S REPORT J) GOVERNING BODY COMMENTS K) EXECUTIVE SESSION: For consultation with an attorney on matters that would be deemed privileged in attorney-client relationship [K.S.A 75-4319 (b) (2)] L) ADJOURNMENT Next Assigned Numbers for: Charter Ordinance No 14 Ordinance No. 863 Resolution 20-16 NOTICE: SUBJECT TO REVISIONS It is possible that sometime between 6:30 and 7:00 pm immediately prior to this meeting, during breaks, and directly after the meeting, a majority of the Governing Body may be present in the council chambers or lobby of City Hall. No one is excluded from these areas during those times. CONSENT AGENDA HIGHLIGHTS F.1 Approval of December 7, 2020 Regular Meeting Minutes F.2 Review of Accounts Payable December 9, 2020 for $80,658.62 December 17, 2020 for $284,118.64 F.3 Boards and Commissions Receive & File Library Board (November 9, 2020) Planning Commission (November 9, 2020) • $242,300.25 Pearson Construction: Pay Request #1 - 183rd Frontage Road Relocation Project #2020-02 • $56,666.00 Certified Engineering Design-CED: Construction Administration, Inspection, Material Testing & As Built- Cloverleaf Phase 1 Improvements Project 2019-03 December 2020 Engineering Services. • $16,219.00 Morris Laing Evans Brock & Kennedy, CHTD: October 2020 & November 2020 Attorney Fees • $8,812.42 Card Services - UMB Purchase Card: October 2020 Purchases - Silcott. November 2020 Purchases – PW, Brandenburg, Roney, Beagley, Keith, Lawn, Scoggan, Silcott, Circle, Moddie. • $8,089.92 TranSystems Corporation: Professional Services Rendered Through 11.27.20 - RCUT Project 2020-01 MINUTES-REGULAR MEETING CITY OF GODDARD 118 NORTH MAIN, GODDARD, KS MONDAY DECEMBER 7, 2020 The Goddard City Council met in a Regular Session at Goddard City Hall on Monday, December 7, 2020. Mayor Larkin called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance and the Invocation. Council members present were Larry Zimmerman, Sarah Leland, and Michael Proctor. Also present were; Brian Silcott, City Administrator; Micah Scoggan, City Planner; Fred Farris, Police Chief; Thatcher Moddie, Administrative Fellow; Harlan Foraker, City Engineer; Brooke Brandenburg, Public Works Director; Matt Lawn, City Treasurer; and Ryan Peck, City Attorney. APPROVAL OF THE AGENDA MOTION: Councilmember Zimmerman moved to approve the Agenda as presented. Councilmember Leland seconded the motion. The motion carried unanimously. CITIZEN COMMENTS Darlene Palsmeier, 427 West Third, asked when the sewer rates were going to go down, and asked if owners of all the new homes going in are also paying the same rate. Matt lawn, City Treasurer, stated staff is looking at some options that could possible lower the current rate. City Administrator, Brian Silcott, clarified that it would be at least February or March before those options could be considered. APPROVAL OF THE CONSENT AGENDA The following was submitted to the City Council for approval: Approval of Minutes Special Meeting – November 12, 2020 Regular Meeting – November 16, 2020 Special Meeting – November 23, 2020 Accounts Payable November 21, 2020 for $378,971.47 December 2, 2020 for $74,135.78 MOTION: Councilmember Zimmerman moved to approve the Consent Agenda as presented. Councilmember Proctor seconded the motion. The motion carried unanimously. COX SMALL CELL AGREEMENT AND ORDINANCE Micah Scoggan, City Planner stated the City of Goddard enters into franchise agreements with telecom companies who want to provide service to citizens within the City. Scoggan submitted an Ordinance providing an agreement between the City of Goddard and Cox Wireless Access, L.L.C (Cox) for the purpose of granting Cox rights to build and maintain small cell infrastructure 1 City Council Minutes December 7, 2020 in the City Right of Way. This would include the right to mount 5G service on streetlights, standalone poles, third party utility poles and other structures located within the right of way as necessary for 5G service. Scoggan explained that this agreement is explicitly for small cell infrastructure mounted on existing light poles, third party utility poles, etc. for a 5G network or the placement of infrastructure for the same. This agreement would not overwrite our existing franchise agreement with Cox for Cable. Scoggan added that the city would receive $150 per attachment per year and $1,000 for each application for a new infrastructure pole. Councilmember Zimmerman expressed his concern for cancer causing agents associated with the 5G service. MOTION: Councilmember Proctor moved waive the reading of the Ordinance. Councilmember Leland seconded the motion. The motion carried unanimously. MOTION: Councilmember Leland moved to adopt said Ordinance. Councilmember Proctor seconded the motion. Roll Call Vote: Yea: Leland, Proctor Nay:Zimmerman Ordinance #861 GODDARD CODE CHANGE ORDINANCE Micah Scoggan stated the City of Goddard requires citizens to inspect their backflow prevention devices once a year to stay in compliance with Kansas Department of Health and Environment regulations. These inspections must be done by an inspector who is certified with Sedgwick County/Wichita. The way the code is written now requires the City of Goddard to inspect the work upon completion. Scoggan explained that the City does not want to be in this position as it would require additional training and compliance with minimal staff to enforce the code. The revision proposed would simply allow the City to rely on the work being done according to manufacturer standards or common practices. The revision would remove the fee for registering as an inspector with the City of Goddard as they are still required to be certified through Sedgwick County/Wichita. This revision would also remove the fee for filing the report, but it would keep the non-compliance fee in place for those who fail to abide by the regulation. Scoggan presented a proposed ordinance removing the City’s obligation for inspection and the filing fees for the inspection and the filing fee report. MOTION: Councilmember Proctor moved waive the reading of the Ordinance. Councilmember Leland seconded the motion. The motion carried unanimously. 2 City Council Minutes December 7, 2020 MOTION: Councilmember Proctor moved to adopt said Ordinance. Councilmember Leland seconded the motion. Roll Call Vote: Yea: Zimmerman, Leland, Proctor Nay: Ordinance #862 PUBLIC HEARING & RESOLUTION- CONDEMNATION CASE 1529 SUMMERWOOD CT. On March 13, 2020, the City has conducted a preliminary investigation into a property located in the 1500 block of the Seasons subdivision and have determined based on this investigation that the property is unfit for human habitation. On October 19,2020 the Governing Body signed a resolution for a condemnation hearing for December 7, 2020. The City of Goddard code officer found the following non-compliance with the City of Goddard code, Chapter 4 Article 7, for the listed property below; The following constitutes a “Blighting Influence” under K. S. A. 12-1750 (d) I. Defects increasing the hazards of fire, accident, or other calamities II. Sanitary facilities have been disconnected since January 1, 2020 III. Uncleanliness Scoggan provided a video of the interior of the property. Mayor Larkin opened the public hearing for verbal and oral comments. Scoggan stated the property owner, Melanie Brown and the Lien Holder, of the property, Midfirst Bank are both presented for the hearing. Melanie Brown addressed the City Council and stated she has done some work on the property since the video was taken. Brown said she has taken money from her retirement to make improvements and doesn’t have any where else to go. Brown pleaded to the City Council to not kick her out of her home. The representative for Midfirst Bank stated the bank is just monitoring the situation at this point and will base any decisions on their part based on the City Councils actions. Mayor Larkin closed the public hearing for comments. The City Council discussed possible help from local congregations and the amount of time that it would take to get the property habitable. MOTION: Councilmember Zimmerman moved to table the adoption of the Resolution to possible find help in resolving the clean-up efforts until February 1, 2021. Councilmember Proctor seconded the motion. DISCUSSION OF STAR BOND PROJECT PLAN AMENDMENT Brian Silcott stated that Goddard Sports, LLC has requested an amendment to the Goddard STAR Bond District Development Plan adding additional amenities. Such an amendment would require a public hearing and authorization from Kansas Department of Commerce to approve 3 City Council Minutes December 7, 2020 those expenditures under the STAR Bond Statute. Silcott added that the notice of hearing would be published on December 10 and 17 in the Times Sentinel.