Welcome to the City of Eastborough

Mayor: Thom Rosenberg
Chief of Police: Daniel Bardezbain
Photo of sign at entrance to City of Eastborough

Regular Council Meeting - February 28, 2012 - 5:30 pm

PRESENT

Mayor:
Thom Rosenberg
Council President:
David Anderson
Council:
  • Britt Brown
  • Chris Owen
  • John Johnson
  • Greg Shelton
Treasurer:
Norman Farha
City Attorney:
Jerry Bogle
City Clerk:
Ann Townsend
Assistant City Clerk:
Barbara Kratzer
Deputy Assistant City Clerk:
Debra Gann
Police Chief:
Danny Bardezbain
Code Enforcement Officer:
Wade Vickery

ABSENT:

None

GUESTS:

Erin Fulghum, #44 Stratford; Christine Ostroski, #40 Stratford; Tony Ferraro, Contractor.

MINUTES

Anderson pointed out a correction under his report on page 3. The total cost of the mulch for the playground is $4,800 and not $2,000. Mayor announced the minutes approved as corrected.

CLAIMS

Anderson moved to approve the Claims as of February 28, 2012; Johnson seconded; passed unanimously. Claims for February totaled $72,763.94

PUBLIC AGENDA

None

OUT OF ORDER (NEW BUSINESS)

  1. Tony Ferraro, Contractor, appeared before the Council to request a variance for the new home to be built at #52 Mission and #18 Lynnwood. The ordinance requires that a home built, on a corner lot, be setback 40ft. both in the front and on the side. The property owner is requesting a variance of 7t.on the Lynnwood side, reducing the setback to 33ft.. Following discussion the issue was tabled.
  2. Erin Fulghum, Community Affairs Chairman, presented the 2012 Social Event Committee's Budget. Events include: Easter Egg Hunt, 4th of July Parade, Fall Festival/National Night Out and perhaps a Holiday/New Year Open House. Anderson moved to approve the $850 Budget; Shelton seconded; passed unanimously.

TREASURER'S REPORT-Norman Farha

Farha reported that revenues for January totaled $446,412 and expenditures totaled $148,174. 42% of the budgeted revenues have been collected. 6% of the total budget has been expended and 11% of the General Fund budget has been expended. Unencumbered cash and investments as of January 31, 2012 total $1,717,004. Temporary Note Fund balance is $65,954.48 Westside Resident Assessment Fund balance is $14,833.32.

CLERKS' REPORT-Ann Townsend/Barbara Kratzer, Asst.

  1. Kratzer reported that Cooper Malone has completed the sale of General Obligation Bonds for the Westside Street Project and on February 22, 2012 funds were wired to the State of Kansas to retire the Temporary Note and related expenditures.
  2. Townsend reported that she had spoken with Larry Reynolds about the feasibility of adding additional parking at City Hall along the Woodlawn side. Reynolds did some measurements at City Hall and confirmed that it would be possible to add the spaces. Townsend asked Council if they were interested in exploring the issue. Council was receptive to the idea and agreed to contact Larry Henry, MKEC, to advise Council on the engineering aspect of the project.
  3. Townsend asked the Council again for their approval of a contribution on behalf of the City to the Joan Miro's Mosaic Restoration Project at the Ulrich Museum. Following discussion Anderson moved to approval a $1,000 donation; Johnson seconded; Anderson and Johnson voted in favor while Shelton, Owen and Brown voted against; motion failed.

INSURANCE; PERSONNEL BENEFITS; ZONING & ARCHITECTURAL REVIEW; COMMISSIONER'S REPORT-Greg Shelton

  1. Wade Vickery, Code Enforcement Officer, handed out copies of his monthly report. Letters were sent to 3 residents requesting action on specific violations. Two properties were asked to deal with vehicles that were not tagged. The third resident had numerous violations but did not respond to attempts to contact
  2. Vickery reported that he was contacted by Jay Swanson, #5 Lynnwood, with a list of complaints.
  3. Vickery reported that a resident at Hampton and Douglas has recently removed a large dead tree from his property.
  4. John Johnson asked Vickery to check the new storm sewers near Woodlawn into Norfolk. They seem to be completely clogged with leaves. Vickery reported that he knew about the leaves but was more concerned about the loose rocks filling up the catch basin. Vickery also expressed his concern about working along Woodlawn. Mayor agreed to contact Storm Water Maintenance with the City of Wichita and inquire about the possibility of having their vacuum trucks clean our storm sewers at the same time as they do the ones along Woodlawn in Wichita.
  5. Shelton reported that he and Chris Owen had met with Greg Sevier, Peterson, Peterson, & Goss, to better understand the budgeting process. Shelton requested a special workshop meeting to discuss upcoming budget issues.

MAYOR'S REPORT-Thom Rosenberg

  1. Mayor asked Council to approve his appointment of David Anderson to Council President for 2012 replacing Britt Brown. Shelton moved to approve; Johnson seconded; passed unanimously.

CITY ATTORNEY'S REPORT-Jerry Bogle

  1. Bogle reported that a recent Court Opinion ruled that Eastborough's Home Business Permit Ordinance was invalid because it did not follow the Change in Zoning Ordinance statutes set forth by the Kansas Legislature under Section 12--700-761 Series. As a means of resolving the issue, Bogle submitted copies of a Charter Ordinance repealing Ordinance #326 and G08-06 and setting forth the rules and regulations concerning zoning issues within the City of Eastborough. If approved the Ordinance would need to be published 2 weeks in a row and followed by a 60 day protest period. In the absence of a protest the ordinance will then be valid. Following discussion Council decided not to take action, but to research the issue further.
  2. Bogle stated that the ruling also affects council's ability to approve variance requests. Anderson asked Council to approve the variance request on the condition that the Charter Zoning Ordinance is approved; Johnson seconded; passed unanimously. Shelton agreed to contact Mr. Ferraro and the Drakes to explain the situation.
  3. Bogle asked for comments on the three other Ordinances. Following discussion Shelton moved to approve Ordinance No. SP12-03---Vacating Property Within The City Of Eastborough; Owen seconded; passed unanimously. Johnson moved to approve Ordinance No. G12-04---Regulating Door-to-Door Solicitation within the City of Eastborough, Kansas; Anderson seconded; passed unanimously. Johnson moved to approve Ordinance No. G12-05---Providing For The Obtaining of Building Permits For The construction and/or Alteration of Buildings and Providing Penalties For The Violation Thereof once the correction is made; Anderson seconded; passed unanimously.
  4. Owen asked Bogle if it would be possible to deny The Wichita Eagle independent contractor the right to deliver flyers to residents not receiving the daily paper. Bogle stated that he would advise the independent contractor for The Wichita Eagle that deliveries will not be permited under our Ordinance without prior approval of the resident.

POLICE CHIEF'S REPORT-Chief Bardezbain

  1. Chief reviewed his monthly report with Council and asked if there were questions.
  2. Chief reported that he had spoken with Greg Lolly, Wichita Water Dept., concerning the need for additional fire hydrants in the city. Lolly reported that the Water Department is scheduled to replace the waterlines and fire hydrants south of Douglas in the near future.
  3. Chief asked the Council to table discussion of the proposed new Animal Ordinance.
  4. Chief reported that Officer Wulf has been placed on light duty until after her surgery and rehabilitation.
  5. Chief requested a Special Meeting to present his State of the Department Report.
  6. Chief asked the council to go into Executive Session to discuss a personnel issue..

FINANCE; BUDGET AND ACCOUNTING; MEMORIAL GIFTS COMMITTEE LIAISON; LONG-RANGE PLANNING COMMISSIONER'S REPORT- Britt Brown

No report.

PARKS AND STREET SIGNS COMMISSIONER'S REPORT-David Anderson

  1. Anderson reported that a number of trees are scheduled to be planted in the Triangle Park and area north of Peachtree to replace those that were recently removed.
  2. Anderson reported that the handicap ramp into the playground area is completed. New mulch will be delivered in a few weeks.
  3. Anderson reviewed the monthly Goose Busters report. Progress has been made to reduce the geese population around the pond.

NEWSLETTER-WEBSITE; COMMUNITY AFFAIRS COMMITTEE LAISON AND MUNICIPAL COURT LIAISON COMMISSIONER'S REPORT-Chris Owen

  1. Owen asked Council to authorize $8,000 for the purpose of installing irrigation to City Hall and in the Triangle Park. Council approved the request. Apex Lawn Irrigation, Inc. is ready to start the project.

UTILITIES; STREET MAINTENANCE; FIRE PROTECTION COMMISSIONER'S REPORT-John Johnson

  1. Johnson reported that he had several issues to discuss with the Council, but would like to table the discussion until the March meeting.

Council went into Executive Session at 8:30pm for 20 minutes to discuss personnel issues. Council returned to the regular session at 8:45pm. Council agreed to proceed to a solution to the issue.

MEETING ADJOURNED 8:50pm --- (NEXT REGULAR MEETING-MARCH 27, 2012)