March 3, 2008

The Moran City Council met in regular session on Monday, March 3rd, 2008. Mayor Phillip Merkel called the meeting to order at 7:00 PM. Councilmembers present were Mike Holman, Jerry Jackman, James Mueller, Warren Johnson, and Chryll Ginn. Also present were Bret Heim, City Attorney; Shane Smith, Police Chief; Lori Evans, City Clerk; and Mike Stodgell, City Superintendent. Jackie Luken, Alice Adams, Steve Crume, and Bill McAdam were visitors attending the meeting. Kathy McEwan and Connie McWhirter arrived later in the meeting.

Councilmember Mueller moved to approve the March 2008 consent agenda consisting of: February regular and special Council meeting minutes, March pay ordinance totaling $67,348.07, and corporate resolution for purchase of a $30,000.00 certificate of deposit (CD) to replace a CD maturing March 13, 2008. Holman seconded the motion, motion passed with all approving.

VISITORS

Jackie Luken presented a signed petition and photographs, and requested the Council consider condemnation proceedings for the property at 118 S. Elm due to the physical condition of the property. Council reviewed the pictures and the Mayor called for action. The Council asked Officer Smith to take photos of the outside and structural defects. Attorney Heim suggested citing the property owner before Court if the property conditions warrant.

Alice Adams asked the Council why the ditch to the north of her property was not cleaned out 2 ½ years ago as requested. She said her yard is always flooded when heavy rains fall and asked the Council to clean the ditch as soon as possible. Ms. Adams also asked why her son has gotten a ticket for driving through his ditch. Chief Smith informed Ms. Adams that he had spoken with her son and told him he doesn’t have to appear at Court if he quits driving through the ditch. The Council asked Superintendent Stodgell to check Ms. Adam’s ditch for flow problems.

Bill McAdam informed the Council that he was considering building four spec houses on North Park and asked the Council how much utility hook-up fees would cost for the homes. He said he planned to build two 1500 square foot, three bedroom homes that would retail for $100,000 - $110,000 and then would consider building two additional homes. Mr. McAdam asked the Council to consider waiving all charges to establish water and sewer taps and electric service meter supplies. Councilmember Mueller moved to waive fees for first two houses built and encouraged Mr. McAdam to visit with the Council when he is ready to build the second set of homes. Ginn seconded the motion, motion passed with all approving.

Steve Crume asked the Council to rock the alley east of his property because it has become very rutted due to recent rains. Councilmember Jackman said City doesn’t want that alley open for traffic and that is the reason it was not rocked in the first place. The Council discussed the request and agreed to block the alley with delineators to control traffic causing ruts. Mr. Crume then requested approval to install a one-way door between the two sections of his building. The Council agreed they didn’t feel they could approve the request as they believe it would be in violation of the Alcoholic Beverage Control (ABC) regulations. The Council suggested Mr. Crume contact ABC and request a letter ruling and if ABC finds no issue with the request the City will keep a copy of the letter on file with Mr. Crume’s CMB.

OLD BUSINESS

Award Water Bids – Councilmember Mueller moved to award the water project bid to Breitt Construction based on Shawn Turner’s recommendation. Ginn seconded, motion passed with all approving.

Crossroads Wireless – The Council discussed the proposed contracted and noted the contract allowed for up to six antennae on the water tower. The Council asked Attorney Heim if the City could request Crossroads Wireless provide 24 hours notice when they planned to enter the tower site as the City plans to fence and lock the tower property following completion of the water line replacement. Superintendent Stodgell suggested Council contact Midwest Tank to see if there would be a price increase to paint the tower with additional antennas installed on the tower. Mayor Merkel suggested the Council consider closing Franklin Street at the water tower to protect the tower property. Attorney Heim said he didn’t see a problem with the City requesting changes to the agreement. The Council agreed to request 24 hours notice before Crossroads personnel enter the tower property and to request the termination terms be decreased to 3 months instead of 12 months in section 3. Councilmember Mueller moved to approve the agreement if Crossroads agrees to the requested changes, subject to final approval by Bret Heim. Ginn seconded the motion, motion passed with all approving.

Playground Equipment – Councilmember Mueller submitted a proposal from Fry and Associates for a playground set priced at $7,649.00. The Council reviewed the drawings with Councilmember Ginn moving to approve the purchase. Jackman seconded the motion, motion passed with all approving.

Houses Damaged by Fire – Resolution 2008-2 and 2008-3 – Councilmember Mueller moved to approve and publish Resolutions 2008-2 and 2008-3 setting a hearing for the properties at 122 E. Oak and 512 N. Spruce. Holman seconded the motion, motion passed with all approving.

Westar Agreement– Attorney Heim reviewed the changes in the proposed agreement with Westar. The Council was advised the new contract would only go into effect once the Federal Energy Regulatory Committee approves the agreement. Councilmember Mueller moved to approve the agreement as presented with the addition of page numbers and current date in the footer. Jackson seconded the motion, motion passed with all approving.

Kathy McEwan thanked the Council for the City crew’s work on the Library storage room, but the Library Board has concerns about the gas line and A/C drain on the floor being a tripping hazard. Kathy said the Board would like to donate $500.00 to raise floor. Connie brought up the subject of making the proposed window between the storage room and the library larger than was originally planned. Councilmember Mueller made motion to recess for 10 minutes at 9:10 PM to inspect the Library, Johnson seconded the motion, motion passed with all approving. The Council returned at 9:20 PM. The Council agreed to raise the exterior A/C unit 4”-6” and to move the drain and lines to west wall. The Council also suggested someone from the Library contact Vince Gehlen to see if he would be willing to give an estimate to enlarge the window.

Ordinance Adopting City Code – Topic was tabled until the April meeting.

NEW BUSINESS

Adding Dog Disposal and Charges to Utility Bill – The Council agreed they did not want to consider a policy of this sort and that Chief Smith should cite all violators to Court.

Non-Elected Personnel Issues – Councilmember Johnson moved to go into executive session for 15 minutes at 9:40 PM to discuss non-elected personnel issues. Ginn seconded the motion, motion passed with all approving. The Council returned to open meeting at 9:50 PM, no action was taken.

Allen County Multi-Hazard Mitigation Plan – Councilmember Ginn moved the City participate in the Plan, Mueller seconded the motion. Motion passed with all approving

Proclamation Naming April 2008 as Fair Housing Month – Councilmember Holman moved the City adopt and Mayor sign the Fair Housing Proclamation. Jackman seconded the motion, motion passed with all approving

DEPARTMENTAL REPORTS

Fire Chief – Chief Merkel reported the department responded to two chimney flue fires during the past month.

Police Chief – Chief Smith informed the Council that Rodney Frye was continuing work on tearing down his old trailer and that the roof and siding had been removed. Chief Smith also reported a parking problem at Colgin 113 that the owners were upset with truckers parking on their private property. Chief Smith said he informed the owners that he can only enforce the parking issue if they posted no trespassing, parking for customers only signs and that the owners must be willing to come to court as witness to the violation. The Council approved purchase of two short sleeve uniform shirts for Chief Smith.

Superintendent – Superintendent Stodgell submitted the following activity report for the month of February 2008:
• Resident at 416 N. Randolph reported no electric in front part of house; checked, light bulb was burned out
• Worked on Library remodeling; installed electrical outlets, lights, etc.
• Replaced crimp at 307 E. First Street
• Installed new electric service on pole at 204 E. First; old electric box into conjunction box
• Removed new electric service and mask at 122 E. Oak
• Turned on water and electric at 231 N. Cedar for new owner to inspect wires and pipes
• AgChoice reported getting a shock on the neutral line – checked electric voltage
• Generator delivered – spoke with Hoffmeier Electric about installation
• Changed out twelve electric meters
• Marked intersection for water project
• Water project information
• Maintenance check on Lift #1 – ran cycle and cleaned
• Due to 1.3” of rainfall, cleaned culverts and checked many manholes for flow
• Installed two 12” x 24’ metal culverts and 14 ton of rock at 304 W. First
• Sleet removal

Superintendent Stodgell requested approval to purchase fire hydrants for the water line replacement. He said he had gotten bids and the cheapest price was $1,181.91 per fire hydrant. Councilmember Mueller moved to approve purchasing hydrants from Water Products and to seek reimbursement for payment from the loan proceeds as soon as possible. Holman seconded the motion, motion passed with all approving. Mayor Merkel asked Stodgell how the Electric project to convert all 2400 lines to 7200 was proceeding. Stodgell said he would have a report ready next meeting.

City Clerk – Clerk Evans reported income for the month of February 208 as follows: 61,584.13


General Fund   Water Fund
Charges For Services 9.60   Sales To Customers 11,099.00
Refuse 1,586.43  Bulk Water Sales 93.24
Court Fines 2,717.00   Water Protection Fee 39.84
Reimbursed Expense 419.07   Connect Fee 150.00
Dog Tags 20.00   Penalties 326.79
KS Sales Tax 3,811.25   Sales Tax
Embarq Franchise Fee 100.00   Sales Tax Received 915.54
VIN Inspection 20.00   Sewer Fund
Building Permit 12.00  Sales To Customers    4,668.70
Interest Earned Checking/CDL 1,344.83   Gross Receipts 62,670.88
Electric Fund  eBusiness Fee 5.95
Sales To Customers 34,326.72   Setoff Fees 208.74
Reimbursed Expense 530.71  Fuel Adjustment 272.91
Overpaid-Electric 406.27  Credits    599.15
Connect Fee 73.89   Net Receipts 61,584.13

Clerk Evans asked for a clarification of the February 2008 minutes as to the second for adjournment of the regular meeting. Councilmember Holman said he seconded the motion to adjourn.

There being no further business to come before the Council, Councilmember Mueller moved the meeting adjourn at 10:50 PM. Ginn seconding the motion, motion passed with unanimous approval.


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This page was prepared

April, 2008