City Council Regular Meeting Minutes

A regular meeting of the Lenox City Council was called to order by Mayor Pro Tem Bowman on February 25, 2019 at 5:30 p.m. at City Hall with the following council members answering roll call: Bowman, Ramsey, Vogel; Borland and Custer were absent. Staff present was City Administrator, Allison Kitzman and City Clerk, Dawne Bowman. Other visitors were Dan and Chelsie Zech, Matt Hanson and Colleen Larimer.

Vogel made a motion to approve the agenda, seconded by Ramsey, all ayes, motion carried.

Ramsey made a motion to approve 1/28/19 meeting minutes, seconded by Vogel, all ayes, motion carried. Vogel made a motion to approve the payment of the bills, seconded by Ramsey, all ayes, motion carried. Ramsey made a motion to approve January 2019 Clerk Treasurer Report, seconded by Vogel, all ayes, motion carried.

At 5:30 a Public Hearing was held on Proposed Plans, Specifications and Proposed Form of Contract for the Precious People Learning Center-HVAC Equipment Replacement Project and Authorize the Architect to Implement the Bidding Process for the Project. Ramsey motioned to open the Public Hearing, seconded by Vogel. There were no comments heard from the public. At 5:31 PM Ramsey motioned to close the Public Hearing, seconded by Vogel, all ayes, motion carried.

Matt Hanson was present with Dan and Chelsie Zech to discuss the alley at 101 East Kansas. Hanson discussed the heavy traffic at high speeds going through the alley, making it unsafe for the Zech family. Hanson proposed vacating the alley behind Zech's property, in which the Zech's have agreed to pay any fees associated with that. Hanson also mentioned the lack of maintenance on that alley is causing damage to the Zech property.

Custer entered the meeting at 5:35 PM.

Zech went on to discuss the concern for his children playing outside due to the traffic. Bowman mentioned that there are utilities that run through the alley and without a full council, he was not ready to make a decision on this. Bowman also questioned if law enforcement has been made aware of the issues. Zech added that they would provide easements and allow emergency vehicles and utility workers through the alley; however, the only entrance for anyone else would be off Lakeshore Drive. Custer spoke about setting a precedence of owning alleys and would like Kitzman to contact other cities on their process. Ramsey mentioned the property owner that has a garage in that alley. Hanson asked if there was a maintenance plan for alley ways, if the council is not willing to vacate. Kitzman added that the City does not maintain alleys and if they are being used as driveways, then it is up to property owners to maintain. This will be on the next agenda.

Custer motioned to approve 3rd Final Reading of Ordinance 383 Amending Zoning Regulations, seconded by Ramsey. Roll call vote-Ramsey, Custer, Bowman-aye; Vogel-nay, motion carried.

Custer motioned to approve 3rd Final Reading of Ordinance 384 Amending Zoning Map, seconded by Ramsey. Roll call vote-Custer, Vogel, Bowman Ramsey-ayes, motion carried.

Ramsey made a motion to approve Resolution 19-02 Setting Public Hearing for Budget FY19-20 for March 11, 2019 at 5:45 PM, seconded by Custer, all ayes, motion carried.

Custer made a motion to approve Resolution 19-03 Tax Abatement for 103 North Shoenhair, seconded by Vogel, all ayes, motion carried.

Vogel made a motion to approve Casey's General Store #2834 Class E liquor license, seconded by Custer, all ayes, motion carried.

Vogel made a motion to approve Ramsey's Market Class C Beer Permit, seconded by Custer, all ayes-Ramsey abstained, motion carried.

Custer motioned to approve The Legion General Store Class C liquor license, seconded by Vogel, all ayes-Ramsey abstained, motion carried.

Custer made a motion to approve Ramsey's Market Liquor Class E liquor license, seconded by Vogel, all ayes-Ramsey abstained, motion carried.

Custer made a motion to approve Community Center lease with Bonnie and Theo Ramsey dba The Legion General Store, seconded by Vogel, all ayes-Ramsey abstained, motion carried.

Custer made a motion to approve The Legion General Store Class C liquor license transfer, pending DRAM insurance, seconded by Vogel, all ayes-Ramsey abstained, motion carried.

Kitzman discussed the City of Lenox Gas Cost of Service and Rate Design Study that was discussed at the last meeting, in which she was absent. The report from Consortia Consulting spoke of the gas system operating at a loss, which is correct; however, this study was done strictly on operating revenues vs. expenditures. The gas system as a whole did not operate at a loss in FY 16-17; however, in FY 17-18, it did operate at a loss because the City purchased the ditch witch and bored a gas line, which was all budgeted for, as it was decided on by the gas committee to spend down some of our cash. Kitzman also mentioned, in the next fiscal year, we plan on purchasing a new truck and extend a gas line to Lakeshore Drive. Prescott Gas has their own accounts now and will be covering their own expenses, as Lenox has covered them in the past; therefore, Prescott Gas will be seeing rate increases to cover these expenses. Lenox will also be looking into rate increases to cover operating expenses in the future. Kitzman stressed the importance of clearing up any misunderstandings from the study that was completed.

Custer made a motion to approve Resolution 19-04 Adjusting Meter Charge for Prescott Gas System, seconded by Ramsey, all ayes, motion carried.

Ramsey made a motion to approve Resolution 19-05 Adjusting Sewer Department Loan Payments to Gas System, seconded by Custer, all ayes, motion carried.

Custer made a motion to approve Pay Application #1 to Lenox Development Corporation for Catalyst Grant in the amount of $60,000, seconded by Vogel, all ayes, motion carried.

Ramsey made a motion to approve the purchase of 2018 JD 325G Skid Loader in the amount of $22,552.24 with LOST funds, seconded by Vogel, all ayes-Custer abstained, motion carried.

Ramsey motioned to approve the purchase of 2018 JD Z970R ZTrak mower in the amount of $5,975.41, seconded by Vogel, all ayes-Custer abstained, motion carried.

Custer made a motion to approve CDBG Draw Request #2 for PPLC in the amount of $7,660, seconded by Ramsey, all ayes, motion carried.

Vogel made a motion to approve Pay Request #3 to PPLC in the amount of $7,660, seconded by Ramsey, all ayes, motion carried.

Ramsey made a motion to approve advertising for park mowing and spraying bids, seconded by Custer, all ayes, motion carried. This is a 3 year contract.

Ramsey made a motion to approve advertising for bids for independent contractor for groundskeeper for the Lenox Golf Couse, seconded by Custer, all ayes, motion carried. This is a 3 year contract.

Custer motioned to approve Resolution 19-06 Fiscal Sponsor for Lenox Youth Sports Complex, seconded by Ramsey, all ayes, motion carried.

Ramsey moved to adjourn the meeting, Custer seconded, all ayes, motion carried. Meeting adjourned at 6:27 P.M.