09-06-2017 Agenda and Minutes - Standard





5:30 P.M.


Pledge of Allegiance

Public Comments


Appropriation Ordinance

Business Item:

Regulations for Lawn Mowers on Streets

Monthly Police Report

Monthly Public Works Report

****PLEASE NOTE: This agenda is subject to additions or changes as may
be necessary.



The Governing Body of the City of Silver Lake met in regular session at city hall on Wednesday evening September 6, 2017 with President of Council Nancy Bryant conducting the meeting and the following Councilmembers present: Tim Kampsen, Tom Noble, Heath Robinson, Larry Ross (5) Absent: Mayor Mack Smith (1).

Silver Lake Resident Larry Kosek was present to update council on a continual drainage problem that occurs on the back of his property following heavy rains. He showed council pictures that were taken after a recent rain. He has talked to a representative from Cox Communications about a cable box located in an adjoining ditch and they are considering moving this box to help alleviate this drainage problem. City Attorney Luckman explained that this ditch adjoins the state roadway so the city does not have access to the ditch. Mr. Kosek will have to talk to with the Kansas Department of Transportation about their policy for proper drainage in their easements. He was provided with a contact number for a representative with the Kansas Department of Transportation.

Kendall and Sherma Phelps were present to discuss the retaining wall that was recently constructed at the intersection of Lake and Rice. This wall was constructed to stabilize the deterioration of this road which has a high volume of school traffic. Their property adjoins this ditch and during construction, their mailbox was damaged. Councilman Noble advised that he would have Public Works Superintendent Taylor and Public Works Assistant Smith follow up on this matter. They were also concerned about this ditch not draining properly. Council advised them that City Engineer Pat Cox was asked to look at this wall and ditch and address the concerns that have been presented to council. At this time, he is currently working on his written report. Public Works Superintendent Taylor will be asked to contact the contractor and find out when this project will be completed. City Attorney Luckman did confirm to them that as adjoining property owners, they are not responsible for accidents that occur on or near this wall. The Phelps also expressed concerns about residents draining their swimming pools in the street causing this ditch to fill up. They were advised that there is nothing to prevent residents from doing this. Public Works Superintendent Taylor will also be asked to contact them about a plugged drainage tube near their property.

Motion was made by Councilman Ross and seconded by Councilman Noble that the minutes from the last regular session held on August 21, 2017 be approved.

Claim vouchers in the amount of $6,105.39 were submitted to council for appropriation. An ordinance entitled "An ordinance appropriating money to pay certain claims" was introduced and read at length. Motion was made by Councilman Kampsen and seconded by Councilman Noble that said ordinance be accepted as read and was then placed on final passage by roll call of the following vote: Nancy Bryant, Tim Kampsen, Tom Noble, Heath Robinson, Larry Ross (5) NAY: None. Ordinance was declared passed and was given No. 2373.

Council continued from previous meetings discussion on the ordinance that prohibits the riding of lawn mowers on the streets in Silver Lake. City Attorney Luckman was asked to address the current ordinance with the concerns of the citizens to determine if there is a workable solution. He presented a draft ordinance in which council discussed in detail. Councilman Noble reminded council that should the city approve this ordinance and mowers are allowed to be driven on streets, other law enforcement agencies would still be able to write tickets for riding mowers on streets in Silver Lake. He feels that this rule is a state requirement and the city should adhere to it. Council continued review of this ordinance which would allow the riding of mowers for mowing purposes only, subject to certain restrictions. There would be a $15.00 annual registration fee paid prior to the permit being issued. Motion was then made by Councilman Robinson that this ordinance be approved with the discussed changes being made. Motion was seconded by Councilmember Bryant and was then placed on final passage by roll call of the following vote: AYE: Nancy Bryant, Heath Robinson, Larry Ross (3) NAY: Tom Noble (1) ABSTAIN: Tim Kampsen (1). Ordinance was declared passed and was given No. 2374.
Regular session September 6, 2017 cont’d.

Chief Call presented the monthly police report. He also discussed police coverage during the citywide garage sales that are scheduled for September 8th and 9th.

Council reviewed the monthly public works report.

Chief Call informed council that the D.A.R.E. Cookout is planned for Tuesday, October 31st if council wishes to hold a cookout this year. Council directed Call to proceed with the planning for the event.

The Silver Lake resident that received a letter from the city advising that his shed must be removed as it is currently located on a dedicated road easement and is also in violation of the City’s Floodplain Ordinance has contacted the city regarding his options.

The Silver Lake Board of Zoning Appeals met at 7:00 P.M., on Wednesday, August 23, 2017. The purpose of the hearing was to address an application filed by Katherine Cole-Esparza requesting a variance to the off-street parking space requirements on property located at 109 E. Railroad, Silver Lake, Kansas. Council was advised that this request was approved by the zoning board.

The next meeting is scheduled for September 18, 2017 at 5:30 P.M. The following meeting will be held on October 2, 2017 at 5:30 P.M.

With no further business to come before council, Councilman Ross moved to adjourn the meeting at 6:30 P.M.  Motion was seconded by Councilman Robinson and approved.

Darlene M. Stadler,
City Clerk