By BECKY KISER
Hays Post

Beginning Monday, grocery and convenience stores in Kansas will be able to sell “strong” beer.

On April 1, 2019, state law will allow for the sale of beer containing up to 6% alcohol by volume under the current Cereal Malt Beverage (CMB) licensing by cities in Kansas, including Hays.

An ordinance amending the current Hays Code of Ordinances is required to include the reference to the beer containing not more than 6% alcohol by volume.

Kim Rupp, Hays Finance Director, explained the statute change to city commissioners at their last meeting, as well as the current legal definitions of a cereal malt beverage and beer in Kansas.

“State statute defines CMB as any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage but does not include any such liquor which is more than 3.2% alcohol by weight.

“Statute further defines beer as a beverage containing more than 3.2% alcohol by weight obtained by alcoholic fermentation of an infusion or concoction of barley or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter and similar beverages that
have the same alcohol content,” Rupp said.

Rupp noted all current CMB licenses will remain in effect and will automatically qualify under the new ordinance.

Commissioners unanimously approved the ordinance.

Changes in the state law will also allow liquor stores to also sell other items including cigarettes, soda, and other mixers.

By BECKY KISER
Hays Post

This is the second academic year for the Virtual Student Senate at Fort Hays State University.

Adam Schibi, on-campus FHSU Student Government Association president, says SGA is still trying to figure out the best way to conduct the election of virtual students from each of the university’s five colleges.

“Obviously, some students might come on for a semester and then not come back. Some might be on for long term, some might be much shorter,” Schibi said.

There are upwards of 15 virtual student senators at any time. Currently, elections are held in the fall.

“Students can apply. They put their name up for election. All virtual students vote on them and they’re put into the positions. They meet monthly with me.”

The FHSU virtual students can reach out to their own representatives as well as the on-campus executive staff with any concerns or questions and suggestions they might have.

They also discuss topics important to their learning and how SGA can better that experience.

“One thing that is kind of being talked about now by a couple of students is online proctoring of exams. They’ve voiced their concerns about it and some of the experiences they had,” said Schibi.

“It’s obviously very difficult, as they can be in various parts of the country and the world, to have lines of communication.

“Sending us an email is probably the best way of to make sure we have information from them. I think that’s one of the best ways we can still make an impact on those students.”

The Virtual Student Senate’s last meeting with Schibi was at the end of February.

“It’s interesting to hear some of the things they have to say in comparison to on-campus students. It’s always a good ear for us to have.”

In Oct. 2018, the Kansas Board of Regents confirmed 7,005 students enrolled in the FHSU Virtual College.

ELLIS – New community banners will soon be adorning the light poles along 10th Street and Washington Street in Ellis.

Glen Keller, Tourism Committee and Ellis PRIDE Committee member, presented proposals during Monday’s city council meeting to replace the existing banners which have deteriorated.

“Welcome” and “Come Back Soon” banners will be placed on Washington while Ellis “Railer” banners will be on 10th.

The council unanimously voted to purchase 77 banners from Rupp Arts and Signs for $4,700.32 to be paid from the Tourism Fund.

In other business, the council continued its discussion of whether to implement an emergency snow route.

Council again discussed establishing an emergency snow route.  Public Works Director Alan Scheuerman presented a map of proposed primary and secondary snow removal routes.

Fire Chief Dustin Vine recommended establishing an “emergency” route instead of a “snow removal” route.  City Attorney Olavee Raub was directed to draft an Emergency Plan for the next meeting.

The complete meeting minutes follow.

ELLIS CITY COUNCIL REGULAR MEETING

Minutes

March 18, 2019

CALL TO ORDER

Mayor David McDaniel called the meeting to order at 7:30 p.m. Present were Council members Bret Andries, Holly Aschenbrenner, Steve Ferland, Martin LaBarge, Jolene Niernberger, and Bob Redger.  Also present were Public Works Director Alan Scheuerman, City Clerk Amy Burton, Police Chief Taft Yates, Fire Chief Dustin Vine, and City Attorney Olavee Raub.

PLEDGE OF ALLEGIANCE

AMENDMENTS TO AGENDA

None

PUBLIC PRESENT

Glen Keller, Guy Windholz, Doreen Timken, Barbara Perkins, Susan Schlichting, and John Walz, and Darin Myers (arrived 7:52 p.m.).

CONSENT AGENDA

Council member Jolene Niernberger moved to approve the consent agenda containing the Minutes from the Regular Meeting on March 4, 2019 and Bills Ordinance #2065.  Council member Steve Ferland seconded the motion. The Council approved the consent agenda 6-0.

PUBLIC COMMENTS

None

PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)

Mayor David McDaniel read the Proclamation from Governor Laura Kelly proclaiming March 4-10, 2019, as Flood Safety Awareness Week.

SPECIAL ORDER

Fire: Report

Due to the severe flooding in Nebraska, Fire Chief Dustin Vine inquired if the City had a stockpile of sand bags available to residents in case of flooding in the area.  It was the consensus of Council to allow the Fire Department to solicit bids for a flat-bottomed boat for training.  Chief Vine encouraged Council to consider establishing an “emergency” route, to include both snow removal and debris cleanup in the case of other types of storms.

Tourism: Acquisition

Glen Keller, Tourism Committee and Ellis PRIDE Committee member, presented proposals to replace the deteriorated banners on Washington Street and 10^th Street.  “Welcome” banners will be placed traveling south down Washington Street; “Come Back Soon” banners will be placed traveling north up Washington Street; and “Railer” banners will be placed on 10^th Street.  The proposals are for the purchase of seventy-seven banners and the Committees are requesting use of Transient Guest tax funds to pay for the project.  Council member Bob Redger moved to approve the purchase of seventy-seven banners from Rupp Arts and Signs in the amount of $4,700.32, with funds to come from the Tourism Fund.  Council member Bret Andries seconded the motion.  The motion carried 6-0.

Capital Improvement: Special Project

Darin Myers, Ellis County Emergency Manager, reported the new outdoor warning sirens have been installed and are being tested.  The old sirens were omnidirectional – meaning the sirens sounded in all different directions at the same time.  The new siren system is 12 decibels higher and sounds in one direction at a time on a rotating pole.  The sirens are sounded either manually by Hays Dispatch or automatically when Ellis falls within the National Weather Service polygon alerting our area of an impending storm.  Chief Myers and the Council reminded residents that this is an outdoor warning system – its purpose is to alert those individuals outdoors to seek shelter.

UNFINISHED BUSINESS

Sewer: Repair/Maintenance

City Attorney Olavee Raub reported that letters have been sent out to the two property owners affected by the Cedar Lane lift station project.  One property owner has requested additional information and the other property owner has not responded.  It was the consensus of Council to continue to pursue the right-of-ways to facilitate the project.

Streets: Policy

Council again discussed establishing an emergency snow route.  Public Works Director Alan Scheuerman presented a proposed map detailing primary and secondary snow removal routes.  City Attorney Olavee Raub questioned if the objective was to clear the roads of vehicles to expedite snow removal, or to establish protocol of what roadways will be cleared first.  Council agreed with Chief Vine’s recommendation to establish an “emergency” route, versus just a “snow” route and discussed drafting a removal plan instead of an actual ordinance.  Ms. Raub will draft an Emergency Plan for the next meeting.

NEW BUSINESS

General Government: Policy

City Clerk Amy Burton discussed the City auditor’s recommendation to adopt a donation policy.  Donation requests must comply with the Public Purpose Doctrine.  Council reviewed the sample policies provided and directed Ms. Burton to draft a hybrid of the policies for further consideration.  Council would prefer an application be submitted for consideration.

General Government: City Code

On April 1, 2019, the State’s liquor laws expand to allow grocery stores to sell strong beer.  To accommodate this change, cities need to modify the definition of cereal malt beverages in their ordinances to now include language allowing up to 6% alcohol by weight.  City Attorney Olavee Raub reviewed the proposed modifications needed to the City’s existing ordinances.  Council discussed several provisions within the proposed ordinance regulating the sale of cereal malt beverages and beer, including increasing the license fee for retailers.  City Clerk Amy Burton will inquire of other cities regarding license fees charged.  Council member Holly Aschenbrenner moved to adopt Ordinance No. 1437 modifying the definition of cereal malt beverages.  Council member Bob Redger seconded the motion.  The motion carried 6-0.  Council will further consider the proposed ordinance regulating the sale of beer at the next Council meeting.

Streets: Repair/Maintenance

Public Works Director Alan Scheuerman discussed the repairs needed to many of the City’s streets due to the extensive moisture received this fall and winter and the numerous freeze/thaw cycles.  The Department has limited inventory of crushed concrete but definitely would need to purchase asphalt.  Council suggested Mr. Scheuerman contact Ellis County or the City of Hays to gauge interest in partnering together to order bulk material at a more favorable price.  Mr. Scheuerman believes the repairs could cost $40,000 – $60,000.  It was the consensus of Council to move $15,000 from two other projects in the Capital Improvement – Street fund to help pay for the unexpected expense.  Council member Holly Aschenbrenner moved to authorize Public Works Director Alan Scheuerman to speak on the City’s behalf to negotiate buying power with other Ellis County entities and to refer back to Council for further direction.  Council member Bob Redger seconded the motion.  The motion carried 6-0.  Council member Bret Andries then moved to approve the purchase of a truckload of street patch material not to exceed $1,400, with funds to come from the Capital Improvement – Street fund.  Council member Martin LaBarge seconded the motion.  The motion carried 5-1, with Council member Holly Aschenbrenner voting opposed, and Council member Steve Ferland abstaining due to perceived conflict of interest.

REPORTS FROM CITY OFFICIALS

Public Works

Mr. Scheuerman presented the Comparative Water Report for January 10^th – February 10^th.  With the wet weather and varying temperatures, Mr. Scheuerman expects an increase in waterline breaks this spring.

At the last Council meeting, Council approved a bid from Utility Maintenance Contractors to camera the sewer line in the area of 10^th and 11^th Streets from Spruce to Monroe.  Upon further investigation, the line was nicked by a contractor working for Golden Belt Telephone Association.  Therefore, the utility company will compensate the residents for any damage claims filed and also pay for the City’s camera work.

Police

Police Chief Taft Yates reported the Department will attend training on the new emergency alert system at Ellis High School and Washington Grade School.  Officers will also receive emergency firearms training.

City Clerk

City Clerk Amy Burton presented the Health Insurance Savings Report for February.  There will be a public hearing for the swimming pool Community Development Block Grant application on April 1, 2019 at 7:00 p.m.  The Kansas Department of Commerce has announced that the Low-to-Moderate Income surveys will expire at the end of the 2019 CDBG application period.  The City will then need to conduct a new income survey to be eligible for future CDBG opportunities.

Attorney

Mayor Update and Announcements

Mayor David McDaniel encouraged Council members to attend the League of Kansas Municipalities 2019 Leadership Summit and Mayors Conference in Salina April 12^th – 13^th.

ADJOURNMENT

Council member Martin LaBarge moved and Council member Holly Aschenbrenner seconded a motion to adjourn the meeting.  The motion carried 6-0.  The meeting adjourned at 9:51 p.m.

CITY OF HAYS

The city of Hays Fire Department will be inspecting and flow testing fire hydrants on March 20, 2019 in the area of Vine St. to Canterbury Dr. between 13th St. and 22nd St. This is part of a coordinated effort by the city of Hays to inspect all fire hydrants in the city and flush all water mains annually.

Inspecting fire hydrants ensures that the valves operate properly and that there is no damage or obstructions that will prevent or interfere with the prompt use of fire hydrants in an emergency. Firefighters are also checking the pressure and volume of water mains in each neighborhood for firefighting purposes.

The associated flushing of water mains allows chlorine to be distributed throughout the system to eliminate bio-filming in the water mains.

Slight discoloration of the water supply may be encountered although there will be no health risks to the consumer.

All reasonable efforts will be taken to minimize the inconvenience to the public.

Drivers are asked to avoid driving through water discharging from a fire hydrant during the short flushing period.

For more information please contact the Hays Fire Department at 785- 628-7330.

ELLIS – The late winter weather has been hard on local streets.

Ellis City Council members will discuss repair of potholes, ruts and other problems in streets and alleys during their meeting tonight. Also on the agenda is a renewed discussion of establishment of a Emergency Snow Route.

Darin Myers, Ellis County Emergency Manager, will present an update on the countywide storm emergency siren project.

The complete meeting agenda follows.

AGENDA

March 18, 2019

REGULAR MEETING OF THE CITY COUNCIL OF ELLIS

City Hall – Council Meeting Room

BILLS ORDINANCE REVIEW WORK SESSION BEGINS AT 7:00 P.M.

ROLL CALL AND MEETING CALL TO ORDER AT 7:30 P.M.

PLEDGE OF ALLEGIANCE

AMENDMENTS TO AGENDA (if needed)

• CONSENT AGENDA (Enc)
  1. Minutes from Regular Meeting on March 4, 2019
  2. Bills Ordinance #2065

(Council will review for approval under one motion under the consent agenda.  By majority vote of the governing body, any item may be removed from the consent agenda and considered separately)

PUBLIC COMMENTS 

(Each speaker will be limited to five minutes.  If several people from the group wish to speak on same subject, the group must appoint a spokesperson.  ALL comments from public on agenda items must be during Public Comment.  Once council begins their business meeting, no more comments from public will be allowed.)

• PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
  1. Proclamation for Flood Safety Awareness Week
• SPECIAL ORDER
  1. Monthly Fire Department Report – Chief Dustin Vine
  2. Update on Storm Siren Project – Darin Myers, Ellis County Emergency Manager
  3. Present Banner Proposal – Tourism and PRIDE Committees
• UNFINISHED BUSINESS
  1. Update on Modifications to Cedar Lane Lift Station
  2. Consider Establishment of Emergency Snow Route
• NEW BUSINESS
  1. Discuss Establishing Donation Policy
  2. Consider Enhanced Cereal Malt Beverage Ordinances
  3. Discuss Winter Repair of Streets and Alleys
• REPORTS FROM CITY OFFICIALS
  1. Administrative
     • Public Works
       • Comparative Water Report
       • Department Update
     • Police
       • Department Update
     • City Clerk
       • Health Insurance Savings Summary for February
       • Department Update
     • Attorney
       • Update on Status of Code Violation Cases
     • Mayor Update and Announcements

EXECUTIVE SESSIONS

• ADJOURNMENT

CITY OF HAYS

The Hays Area Planning Commission will conduct a public hearing Mon., March 18 for the rezoning application of the southeast corner of 22nd and Wheatland Avenue from Neighborhood Conservation District to Commercial General District.

The city commission approved the rezoning request Jan. 24 amidst a discussion of rezoning procedures and notifications to the public.

Monday’s agenda is available here. The meeting starts at 6:30 p.m. in Hays City Hall, 1507 Main.

By BECKY KISER
Hays Post

Sen. Jerry Moran was in Hays on Friday morning to get his hair cut and then swung by the Hays Area Chamber of Commerce Chamber Chat at Fort Hays State University.

The weekly event featured executive staff members of the FHSU Student Government Association, who explained the organization’s purpose and how it works.

Community Relations Director Jacki Dougherty, Wichita junior, talked about the outreach programs she coordinates, including partnerships.

Moran, one of the two Republican U.S. senators for Kansas and a former Hays resident, noted he had served in SGA when a student at FHSU.

“There’s nothing more important than what happens here at Fort Hays State University for the benefit and future of western Kansas. What takes place on this campus matters greatly,” Moran told the crowd. “It’s great to see the chamber of commerce, the business community of Hays, and the students come together.”

After the Chamber Chat, Moran talked with many of the attendees and then sat down for a short interview with local media representatives.

Moran was asked about his vote Thursday for the Emergency Declaration Resolution of Disapproval to block President Donald Trump from using emergency powers to construct a wall along the U.S.-Mexico border. Moran is one of just 12 Republicans who joined with Democrats in the 59-41 vote. The other Kansas senator, Pat Roberts, voted against the resolution.

The Democrat-controlled House approved the resolution last month, 245-182.

“I and many of my colleagues have been interested in more border security. … I’ve introduced legislation related to strengthening our borders, including money necessary for a wall to be built,” Moran said. “The question is, how do we get there since Congress rejected that?”

After the Senate vote, President Trump tweeted “VETO!”

Moran believes Trump has been “unfairly treated by Democratic leadership” that previously voted for funding for a wall and supported it.

“Perhaps because it’s now President Trump, they’re unwilling to do so,” he said.

The contention that building a wall across the southern border is immoral is “just wrong” in Moran’s view. “It is important to have border security and to know who’s coming across our borders.”

It’s also important, Moran says, that Congress abide by the U.S. Constitution.

Moran believes strongly the method of a president declaring an emergency and spending the money is a violation of the Constitution, which Moran has sworn to uphold.

“This can become a precedent for other presidents and emergency powers have certainly been used by previous presidents,” he said. “When (Democratic) President Obama was using executive orders to negotiate an agreement with Iran on its nuclear abilities, that should have been a treaty subject to Senate confirmation. I and many of my colleagues pushed back strenuously on his, in my view, excess use of executive power. The Democrats were in the majority and the votes weren’t there for success in the Senate.

“Other presidents have worked around Congress to do things that requires Congress to be engaged in. It was wrong then and it will be wrong in the future. Having taken that position with President Obama, I can’t pick and choose at which points in time I think the Constitution is important. I think it’s important always.”

The president is acting under an emergency powers act, a law that is unconstitutional, according to Moran, and needs to be repealed or amended.

“That’s where the focus was in advance of this vote and that’s where the focus is today after this vote, is to have a different set of criteria that guides a president’s ability to declare an emergency in what circumstances.”

Moran said he thinks there is sufficient Republican Congressional support to “rein in” the law that allows presidential emergency powers regardless of the circumstances. “I don’t know about Democratic support, but there ought to be to do so.”

On Wednesday, Moran — a member of the Senate Appropriations Committee — co-sponsored a bill that was introduced as the Assuring that Robust, Thorough, and Informed Congressional Leadership is Exercised Over National Emergencies (ARTICLE ONE) Act, legislation that would restore Congressional authority over emergency declarations.

Moran acknowledged the difficulty in amending the law.

“Probably no president will ever agree to sign a law that restricts their authorities,” he said with a wry smile. “It’s a really old law and being used in ways suggesting that it must be amended. It will take a president or a super majority of House and Senate members to alter the law.”

According to Moran, the president on Thursday “indicated that he would consider” signing an amended law “in the future.”

Mid-afternoon Friday, President Trump signed the first veto of his administration, overriding  Congress to protect his emergency declaration for redirecting more than $6 billion in federal funds for the border wall.

Friday morning Moran predicted there would not be a vote in the Senate on the override and that a vote would fail in the House.

“But I intend to be consistent with my past votes,” he added.

Trump’s national emergency declaration still faces legal challenges. Sixteen states filed a lawsuit last month challenging the declaration as unconstitutional.

Below is the statement Moran issued yesterday regarding his vote on the Emergency Declaration.

 

WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) – member of the Senate Appropriations Committee – Thursday announced he will support H. J. Res. 46, the Emergency Declaration Resolution of Disapproval.

“President Trump is correct, there is a need for better border security,” wrote Sen. Moran. “…I have introduced legislation and voted many times for greater funding for border security, including President Trump’s border wall.”

“Upon my election to public office, I take one oath – to uphold the Constitution of the United States,” continued Sen. Moran. “I believe the use of emergency powers in this circumstance violates the Constitution. Allowing the use of such power establishes a precedent for future presidents to further act against laws and appropriations approved by Congress. This continues our country down the path of all powerful executive – something those who wrote the Constitution were fearful of.”

Sen. Moran’s full written thoughts can be found here and below.

1. President Trump is correct, there is a need for better border security.

2. Our borders are a matter of national sovereignty and control over who enters our country is vital in our fight against terrorism and battle against drugs and human trafficking.

3. Many Americans and most Kansans agree with the President that this is an important issue and must be dealt with.

4. The President has not been fairly treated by Democrats in Congress – a wall is not immoral and democrats have previously supported funding border barriers.

5. I have introduced legislation and voted many times for greater funding for border security, including President Trump’s border wall.

6. The President can advance the building of a wall with the funding just approved by Congress and can increase the funds available by reprogramming other accounts.

7. Therefore, the declaration of an emergency is not necessary.

8. The declaration of an emergency under these circumstances is a violation of the U.S. Constitution. The laws passed by Congress years ago allowing the president emergency powers is flawed and needs to be repealed or amended.

9. In high school government class we all learned about our Founding Fathers and the three separate, but equal branches of government. This concept is one of the most significant in protecting America as a republic and maintaining citizen freedoms & liberties. Both government structure and the Bill of Rights matter.

10. Upon my election to public office, I take one oath – to uphold the Constitution of the United States. I believe the use of emergency powers in this circumstance violates the Constitution.

11. Allowing the use of such power establishes a precedent for future presidents to further act against laws and appropriations approved by Congress. This continues our country down the path of all powerful executive – something those who wrote the Constitution were fearful of.

12. Kansans have criticized President Obama for abuse of executive orders, ignoring the laws and avoiding the requirements of negotiating a treaty when dealing with foreign powers. I agree and fought it.

13. I aggressively opposed the overreach of past presidents and believe that I can not pick and choose to now look the other way.

14. If the Constitution means one thing in the Obama administration and another in the Trump administration, the enduring value of the Constitution disappears and another generation of Americans will be less free.

15. The number one responsibility we have as American citizens is to pass to the next generation of Americans our constitutionally guaranteed liberties. There are days where it seems clear we are failing greatly.

16. How we do things – even good things – matters. We were raised that the ends don’t justify the means.

17. To find a loop hole on this issue and to vote another way might be an easier course. But my gut, my intellect, my understanding of history, tells me use of emergency powers is wrong. It can’t be an option to support something I believe wrong.

18. This country is filled with people who care, who are patriots, who served in our military. I try never to let anyone down. On my watch I always want to do right as I see it.

-Jerry