November 5, 2007

The Moran City Council met in regular session on Monday, November 5, 2007. Mayor Phillip Merkel called the meeting to order at 7:00 PM. Councilmembers present were Mike Holman, Jerry Jackman, James Mueller, and Warren Johnson. Also present were Bret Heim, City Attorney; Shane Smith, Police Chief; Lori Evans, City Clerk; and Mike Stodgell, City Superintendent. Bill McAdam, Lawrence Herrmann, Tom McAdam, Virgil Tucker, Kem Colgin, and Rebecca Colgin were visitors attending the meeting.

Councilmember Johnson moved to approve the November consent agenda consisting of: October regular Council meeting minutes, November pay ordinance totaling $48,672.56 and corporate resolution for purchase of a $30,000.00 certificate of deposit (CD) to replace a CD maturing November 16, 2007. Holman seconded the motion, motion passed with all approving.

VISITORS

Kem Colgin spoke with the Council about concerns he had with local business not meeting State and local cereal malt beverage (CMB) license requirements. The Council reviewed various aspects of the City Code pertaining to CMB sales and discussed the hours of sale for CMB. The Council asked Chief Smith to closely monitor local bars to ensure they comply with the hours of sale set by the Code. No other action was taken.

Bill McAdam informed the Council that he was present to support Superintendent Stodgell and Asst. Superintendent Craig Miller as he knows the Council is considering raises and benefits for City employees.

Tom McAdam, Virgil Tucker, and Lawrence Herrmann also voiced their support for Superintendent Stodgell and Asst. Superintendent Miller and recommended the Council reward the City crew for their services as they award raises and benefits to City employees for the 2008 work year.

OLD BUSINESS

National Flood Insurance Ordinance 1093 – Councilmember Johnson moved the City adopt Ordinance 1093. Mueller seconded the motion, motion passed with all approving.

Ordinance 1094 Incorporating Ordinance 1093 By Reference (for publication purposes only) – Councilmember Holman moved the City adopt Ordinance 1094. Jackman seconded the motion, motion passed with all approving.

Playground Equipment for City Park – Councilmember Mueller informed the Council that Children’s Specialties did not offer a lease purchase option. The topic was tabled until December.

Sale or Vacation of a Section of Maple Street Right of Way– Councilmember Johnson moved the Council meet in executive session at 7:58 PM for 20 minutes to discuss a prior request from Phillip Merkel that the City sell or vacate a 7’ X 42’ section of Maple Street Right of Way. Attorney Heim was invited to attend the session to discuss matters that would be deemed privileged in an attorney client relationship. Holman seconded the motion, motion passed with Heim, Johnson, Holman, Jackman, and Mueller attending the session.

The Council returned to open meeting at 8:18 PM. Mayor Merkel stepped down from the Mayor’s seat and adjourned to the audience. President of the Council Mueller filled the Mayor’s vacancy. Councilmember Jackman moved to deny Mr. Merkel’s request. Holman seconded the motion, motion passed with all approving. President of the Council Mueller stepped down and Mayor Merkel resumed the Mayoral chair.

Prohibited Truck Parking in City Code – Topic tabled until later in the meeting.

Year End Review of Salaries and Benefits – Topic tabled until later in the meeting.

NEW BUSINESS

Property Conditions at 115 Hill Street – Chief Smith reported various Code violations at this property and Clerk Evans noted the property owner had been sent a certified letter advising the property owner of the violations. The letter was unclaimed by the property owner and returned to the City as undeliverable. The Council requested Chief Smith issue a citation to the property owner citing him with the violations before the Moran Municipal Court.

Veteran’s Day Holiday – Clerk Evan’s relayed a request that employees be allowed to trade the Veteran’s Day holiday for December 24th. Councilmember Mueller moved City employees be given 4 hours holiday for December 24th. Discussion followed and Mueller amended his motion to increase the holiday from 4 hours to 8 hours for December 24th and that City employees receive this holiday each year. Jackman seconded the motion, motion passed with all approving.

KS Dept of Health & Environment Loan Application for Water Project - Attorney Heim informed the Council that he had reviewed the application and approved the application as submitted by the State. Discussion followed with Johnson moving the Mayor sign the application, Holman seconded the motion. Motion passed with all approving.

Ordinance 1095 Authorizing Execution of Loan Agreement with KDHE – Councilmember Johnson moved the City adopt Ordinance 1095. Holman seconded the motion, motion passed with all approving.

Library Improvements – Mayor Merkel informed the Council that Connie McWhirter, Librarian for the Moran Library, had requested approval to make modifications to the Library building. Merkel said he asked Mrs. McWhirter to submit a written list of the proposed modifications. The Council agreed to review the list at the December meeting.

Prohibited Truck Parking in City Code (cont) – Attorney Heim told the Council that he tried to rewrite the code regulating truck parking but said he was not comfortable with any of the revisions. He suggested the City make no change to the Code and allow Chief Smith to enforce the law as he sees fit. Councilmember Johnson suggested removing that section from the Code completely. Discussion followed, no action was taken.

Year End Review of Salaries and Benefits (cont) – Councilmember Johnson moved the Council meet in executive session at 9:00 PM for 30 minutes to discuss non-elected personnel matters. Attorney Heim was invited to attend the session. Mueller seconded the motion, motion passed with all approving. The Council returned to open meeting at 9:30 PM. No action was taken.

DEPARTMENTAL REPORTS

Fire Chief – Chief Merkel had nothing to report. Councilmember Mueller asked Chief Merkel what would be required for the City to lower their ISO Public Protection Classification. Chief Merkel said the City fire department is currently rated as a class 8 and said this classification is based on communications capabilities, number of volunteers and equipment, and water supply. Discussion followed, no action was taken.

Police Chief – Chief Smith informed the Council that the Moran Police Department has been approved to participate in the 2008 STEP Grant Program and would be eligible for $2,000.00 in grant awards. Chief Smith said he felt the City had a fairly quiet Halloween and noted he would check on some of the CMB regulations discussed earlier in the meeting.

Superintendent – Superintendent Stodgell informed the Council the City crew plans to replace the culvert at Birch and Randolph Streets as soon as Mr. Mann is available. He also submitted the following activity report for the month of October 2007:

• Installed new disc. box, and new 40 amp breaker on South Fire siren
• Worked with Jeff Cook to install new electric meter enclosure boxes, and nine new electric meters at Marmaton Village
• Spoke with owner of building at 244 N. Spruce about moving electric pole; owner needs to cut down tree first
• Trimmed trees in alley of 504 N. Locust
• Reset three utility poles in alley of 504 N. Locust
• Installed 2” water meter at Moran Manor
• Replaced air gap on water dock
• Repaired water leak on 4” cast iron line on N. Pine
• Inspection of wastewater facilities by Kansas Department of Health and Environment
• Cleaned electrode and glass, greased both pumps and installed primary fuses on low lift #2 at the end of Randolph Street
• Repaired skinner valve and cleaned and checked valve on pump #1 at Lift Station #1
• Spoke with Randy Hill of Kansas Gas Service about incorrect locates on Maple Street
• Replaced ten foot culvert on N. Linn
• Installed basketball posts at tennis courts
• Moved picnic tables from park
• Readied trash pumps 3” for winter and water leaks
• Cleaned and readied chain saw
• Removed unsightly bushes around City
• Winterized everything
• Replaced water pump in ’95 GMC

City Clerk – Clerk Evans reported income for the month of October 2007 as follows:


General Fund   Water Fund
Charges For Services 48.10   Sales To Customers 12,186.55
Refuse 1,425.80   Bulk Water Sales 223.61
Court Fines 1,629.00   Water Protection Fee 47.33
Reimbursed Expense 9.88   Connect Fee 225.00
KS Sales Tax 3,796.25   Overpaid 9.97
VIN Inspection 30.00   Penalties 431.67
Interest Earned Checking/CDL 1,327.75   Sales Tax 936.59
NSF Checks 637.99   Special Highway
MV Tax Disbursement 458.38   Quarterly Disbursement 3,796.75
Rent 25.00   Library Fund
Electric Fund   MV Tax Disbursement        47.15
Sales To Customers 39,723.74   Gross Receipts 72,431.96
Overpaid 154.05   Lieap Credit 37.38
Connect Fees 221.67   eBusiness Fee 5.95
Reimbursed Expense 63.75   Bad Debt Write Off 257.37
Sewer Fund   Leak Adjustment 153.25
Sales To Customers 4,833.51   Fuel Adjustment 2,353.15
Employee Benefit Fund   Water Credit 162.65
MV Tax Disbursement 142.47   Electric Credit        307.69
  Net Receipts 69,154.52

Clerk Evans informed the Council that she had been researching security camera systems but was unsure how to proceed as she has no experience with security cameras and was concerned she would make a mistake in recommending one camera system over another. Mayor Merkel offered to contact an Iola business that sells and installs security systems and offered to contact them. No action was taken.

Councilmember Mueller moved the Council meet in executive session at 10:15 PM for 15 minutes to discuss non-elected personnel matters. Clerk Evans was invited to attend the session. Holman seconded the motion, motion passed with all approving. The Council returned to open session at 10:30 PM. Councilmember Johnson moved to return to executive session for 10 minutes at 10:35 PM to further discuss non-elected personnel matters. Clerk Evans was again invited to attend the session. Jackman seconded the motion, motion passed with all approving.

The Council returned to open session at 10:40 PM. The Council discussed the purchase of private insurance policies for city employees, no action was taken. The Council agreed they should meet individually with city employees and requested all employees be invited to attend the December Council meeting.

Councilmember Johnson suggested the Council change Council and Mayor pay from a set dollar amount per meeting to a set dollar amount per month. Councilmembers would have to attend at least one Council meeting per month to receive the pay for the month. Johnson said he felt this arrangement would better serve the City as the Council would have the option to schedule additional meetings without incurring increased costs. No action was taken.

There being no further business to come before the Council, Councilmember Mueller moved the meeting adjourn at 10:55 PM. With Jackman seconding the motion, motion passed with unanimous approval.


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This page was prepared

December, 2007