City of Peabody Minutes of the City Council Meeting December 13, 2010

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1 Approved 12/27/2010 City of Peabody Minutes of the City Council Meeting Office of the City Clerk CALL TO ORDER: The regular meeting was called to order by Mayor Larsen at 7:00 p.m. in the council chambers of City Hall located at 300 N. Walnut, Peabody, Kansas. The following council persons were present: Steve Rose, Tom Schmidt, Pam Lamborn, Janice Woodruff, and David Scott. A quorum was established. STAFF: Mac D. Manning, City Administrator/Clerk, Shane Marler, PMSA, and Tammy Whiteside, Health & Safety Officer/Animal Control Officer. VISITORS: Susan Marshall, Barry Peters, Randy Dallke, Sharon Schmill, Jacob (Gene) Schmill, Bob Gerety, Morgan Marler, Marilyn Jones, Robert B. McVey, Susan Schmidt, Mary Avery, Roger Fleming, Shreves Avery, David LaFoy, Leslie LaFoy, Norma Patton, N. M. Patton, Mark Whitney, and Ginger Whitney I. Public Hearing on the Proposed Adoption of the Establishment of a Redevelopment District. Mayor Larsen called the hearing to order at 7:05 pm. He read Resolution No , A resolution calling for a public hearing of the City Council on the proposed adoption of the establishment of a redevelopment district in central business area of the city. Shane Marler, PMSA Director, presented an outline on how a redevelopment district works and it s function in economic development of the city. N.M. Paton asked if the project assessed value can go down and if the district is for a particular time period? Marler responded that yes the assessed value can go down and has gone down about 3% from 2009 to The limitation of length of time the district is in existence is for 20 years. Randy Dallke stated that County Commission has just conducted a hearing on Hillsboro s district on Monday. He stated the commission could veto this district. Marler stated that both the Marion County Commission and U.S.D. #398 have 30 days from the hearing to veto the establishment of a TIF district. Dallke also stated that you can not be in the TIF district and get Neighborhood Redevelopment Credit in the same location. Tom Schmidt stated that the city had decided to look outside the box and attempted using the TIF district as a means to fund improvements in the central business district. This could be done without raising taxes on property owners. Mark Whitney wanted to know what the projection of assessed valuation was for the proposed district? He also wanted to know when the 30 day period for vetoing the district started? He also asked if the city had looked into issuing general obligation bonds for funding the improvements? Finally, he asked the council members if they had enough information to make an intelligent decision on the proposed TIF district? Shreves Avery stated that we needed to get someone to invest their private capital to work on improving the downtown. Shane Marler stated that we have a couple of potential developers looking at doing a development in the downtown area. Gene Schmill asked if he could look at or get a copy of the downtown study done in December Barry Peter stated he would like a copy also. Marler stated that he would make this available to anyone who wanted a copy.

2 Page 2 Leslie LaFoy asked how we are going to get reinvestment in the downtown area either through the city or a private investor? She stated that we would have limited funds from the local taxing districts to do any major projects. She also stated that if we take away tax money from a local taxing agency, they were just going to raise taxes to make up the difference. Barry Peter asked when the city planned on developing a financial plan for the district? Randy Dallke asked if a developer could use the property for development of all apartments? Shane Marler stated that it was the intention of the city just to have apartments on the second floor of each building, not on the ground floor. N.M. Patton asked if you could be in both the Neighborhood Redevelopment program and in the TIF district. Shane Marler stated that the City of Hillsboro s bond counsel was researching this. He should have an answer sometime in a couple of weeks. Barry Peters asked if the City had researched past history of the real estate values in the district? He stated that if we would look at twenty years of history, it should give a good idea how the values have been. Leslie LaFoy asked if the council had considered issuing a special assessment for the improvements instead of forming a TIF district? Roger Fleming asked if you can use the Neighborhood Redevelopment program and be in the TIF district at the same time. He felt that if you could not be, it would be more advantageous to utilize the Neighborhood Redevelopment program. Mayor thanked all of those present for coming out and participating in the public hearing. He believed that it had been a exchange of ideas and a lot of good questions presented for the council to consider. There being no more input from the public or the council a MOTION was made by Schmidt to close the public hearing. Motion was seconded by Woodruff. Motion carried 5-0. The public hearing was adjourned at 7:54 pm. II. MINUTES: The council reviewed the minutes of the 7:00 pm, regular meeting, from November 28, Correction: Woodruff stated that in item II. Appropriations, the second reflected it was made by Lamborn, it should have been by Scott. MOTION by Schmidt to approve the corrected minutes of the regular meeting from, November 28, Motion was seconded by Rose. Motion carried 4-0. Lamborn abstained as she was absent. IIl. APPROPRIATIONS: The council reviewed check journal No A Payables in the amount of $ 10, MOTION by Rose to approve the check journal No A as presented in the amount of $ 10, Motion seconded by Schmidt. Motion carried 5-0. IV. PUBLIC COMMENT: Randy Dallke, Marion County Commission commended the council for holding a well attended and very informational public hearing on the TIF district proposal. V. APPROVAL OF AGENDA: Mac Manning, City Administrator/Clerk requested that Item 3. Ordinance No Making Certain Findings and Establishing a Redevelopment District within the City be removed from the agenda due to a 30 day period that must take place after the public hearing before an ordinance can be considered. MOTION by Schmidt to approve the agenda as amended. Motion seconded by Rose. Motion carried 5-0. VI. AGENDA ITEMS:

3 1. Opening of proposals for Sale of Peabody Industrial Park. Mac Manning, City Administrator / Clerk reported that he had received two proposals. The following proposals were received. 1. Harder Agriculture Products, Inc. $52, Prairie Lawn Cemetery District $52, MOTION by Schmidt to accept the proposal from the Prairie Lawn Cemetery District in the amount $52, Motion was seconded by Woodruff. Page 3 Mayor Larsen pointed out that the proposal from the Prairie Lawn Cemetery District had a request for the city to de-annex the property from the city and vacate the plat of the Industrial Park Property. Schmidt agreed to amend his motion by adding the provisions of de-annexing the property and vacating the Industrial Park plat. This was agreed to by Woodruff who seconded the original motion. MOTION by Schmidt to accept the proposal from the Prairie Lawn Cemetery District in the amount $52, and further to agree to de-annex the property and to vacate the Industrial Park plat. Motion was seconded by Woodruff. Motion carried Ordinance No Minimum Housing Code. Administrator Manning presented Ordinance No for consideration by the council. He explained that he had reworked the original minimum housing code that had been presented in April to meet the requirement of the council. Woodruff stated that this ordinance duplicated existing provisions of health and safety code already adopted by the council. She felt that was a waste of money republishing the same language. MOTION by Schmidt to adopt Ordinance No as presented. Motion was seconded by Rose. Motion carried 4-1, Woodruff voted nay on the ordinance. 3. Consideration of an Inter-Local Cooperation Agreement Relating to Administration of Neighborhood Revitalization Plans for Taxing Districts within Marion County, Kansas. MOTION by Rose to approve an Inter-Local Cooperation Agreement Relating to Administration of Neighborhood Revitalization Plans for Taxing Districts with Marion County, Kansas and authorize the Mayor to sign said agreement. Motion was seconded by Rose. Motion carried Request for Barricades on 1 st Street Keith Watson Administrator Manning presented a request for barricades for Keith Watson. He noted that Chief Burke had approved the request. MOTION by Rose to authorized the request for barricades by Keith Watson. Motion was seconded by Woodruff. Motion carried EMPLOYEE REPORTS: a. Shane Marler, PMSA Director 1. Monthly Report Marler report that he had spent considerable amount of time working on the TIF district proposal and did not prepare a formal report for the council. He stated that he had prepared an annual report on economic development for the city. He would make a copy available for the council. b. Tammy Whiteside, 1. Monthly Report Whiteside reported that 909 N. Vine had not been removed yet. Manning stated that Public Works was scheduled to tear down this house. Page 4

4 Whiteside stated that she was not sure of what the city position was on the status of 509 N. Locust, Marvin Schmidt residence. Manning reported that the public hearing was scheduled to be held at the first meeting of August, but due his grandson s funeral, the hearing did not take place. He said he would start the process again on this property. c. Mac Manning, City Administrator 1. Administrator s Report. Public Hearing on 2010 Budget: Manning reported that he had requested publication of the legal notice in the newspaper for a public hearing on amending the 2010 budget. The hearing is scheduled for December 27, 2010 at 7:00 pm at the regularly scheduled council meeting. Clover Stevenson: Manning reported that he had contacted Mr. Clover to advise him that his 30 days were up and he needed to get the old trailer moved off his lot or face charges being filed in municipal court. Manning also advised Mr. Clover of the other material that needed removed from his property. Manning stated that he would work with Chief Burke and see that charges were brought against Mr. Clover. APAC Road Repairs: Manning reported that he had met with Jim Ralston of APAC concerning the numerous cracks on Plum Street. He stated that Ralston contended that it was caused by tree roots sucking moisture out of the sub-base of the street. APAC did come in a crack-fill the various pavement cracks. He stated that Ralston would take another look at the street in the spring. Request to Carry Over Unused Vacation Time: Manning requested that the council permit him to carry over 10 days of vacation into MOTION by Schmidt to permit Administrator Mac Manning to carry over 10 days of unused vacation time into Motion was seconded by Woodruff. Motion carried REPORTS FROM STANDING COMMITTEES a. Water (Rose) b. Streets & Alleys (Lamborn & Woodruff) c. Sanitation (Larsen & Woodruff) d. Lights (Rose & Lamborn) e. Fire (Rose) Report: No committee report f. Park & Swimming Pool (Schmidt & Lamborn) g. Building - (Larsen & Woodruff) Report: Woodruff reported that the building committee will have a meeting tomorrow afternoon at 3:00 pm at the public works conference room. The topic of discussion will be on completing the mezzanine area of the public works building. h. Finance & Ordinance (Schmidt & Scott) i. Economic Development (Schmidt & Larsen)

5 Page 5 j. Personnel (Scott & Larsen) 7. REPORT FROM MAYOR LARSEN: The Mayor expressed his appreciation to Shane Marler and Mac Manning for their work and effort on putting together the TIF district proposal. VI: COMMUNICATIONS: Nothing to report VII: ITEMS TO BE ON AGENDA FOR NEXT MEETING: November 29, Area of Influence for zoning in Marion County. 2. Public Hearing on Amending the 2010 Budget. VIII. ADJOURNMENT: There was no more business to be brought before the council. Motion by Rose to adjourn the meeting at 8:54 p.m. Motion was seconded by Woodruff. Motion carried 5-0. CERTIFICATE I hereby certify that the foregoing minutes are a true and correct recording of the proceedings of the governing body of the City of Peabody, Kansas, held on the date stated therein, and that the official minutes of such proceedings are on file in my office. (SEAL) Mac D. Manning City Administrator/Clerk