Northeast corner of Commerce Parkway and 27th Street (Click to enlarge)
By BECKY KISER Hays Post
In April 2018, the city of Hays purchased an 18-month irrevocable option to buy 91 acres in the northeast corner of the 27th Street and Commerce Parkway intersection at the east I-70 Exit 161. That option expires September 19 of this year.
The property, currently owned by the Cathy A. Braun Revocable Trust of Hays, has significant potential for future retail, commercial, and business park development.
City commissioners will vote Thursday on whether to exercise the purchase option after discussing it during last week’s work session.
Sandy Jacobs has supported the proposed city purchase from the beginning.
“I think we made the decision to take the option for all the right reasons. I think we still have those same reasons in front of us today,” said Jacobs. “We have an opportunity to save some money on the purchase price. Let’s get it done.”
Vice-Mayor Shaun Musil has backed off his earlier support.
“I originally was a big fan of this. I’ve seen nothing to where, in my personal opinion, it’s a gain to having this property,” Musil said. “So if we do move it one, I will be voting no.”
Another “no” vote was promised by Commissioner James Meier.
“After speaking with our retail consultant, I don’t think this is something I can support,” said Meier.
“But I think the majority here supports it.”
According to City Manager Toby Dougherty, the cost to exercise the option is the original price of $800,000, less the credited option payment of approximately $17,500 if paid the day following the regular March 14 commission meeting, and prorated taxes of $108. The total remaining purchase price would be $782,608 plus shared closing costs and title insurance.
Staff is recommending the city commission approve the purchase.
Other agenda items for the March 14 meeting include:
Holding a public hearing to hear comments regarding special assessments in the Heart of
America Second Addition and King’s Gate First Addition
Approving an ordinance assessing the cost of improvements to Heart of America Second Addition and King’s Gate First Addition as presented for water, sewer, street, and park improvements
Approving an ordinance amending the current city of Hays Code of Ordinance to include a reference to beer containing not more than 6% alcohol in accordance with changes in state law
The March Flash Sale (rescheduled from Feb. 23) by Friends of the Hays Public Library will be Saturday, March 30, 10:00 AM – 4:00 PM.
Current Friends Members will receive a recyclable Friends Logo Bag which the member can fill for $5.00. Non-members will receive a donated grocery bag to fill for $5.00. Additional bags $5.00.
Lots of everything especially children’s and YA books.
Current members will also receive 50% off in the Gallery Bookstore. Memberships will be available.
There is only one 16-inch line providing water to properties north of Interstate 70 in Hays.
The city is planning to build another 12-inch water main for redundancy.
There were only a few businesses to be served in the area when the 500,000 gallon water tower was built and city water was extended north of I-70 in 1993.
Since then, many businesses vital to the economy and daily needs of Hays residents and the surrounding area have located north of I-70, and more new businesses are planned.
“The economic impact of being without water service north of I-70 for any length of time would be significant,” said John Braun, project manager. “A failure of the current water main could have catastrophic consequences in case of fire.”
The city has been working since 2017 with Bartlett & West Engineers, Topeka, on a study of how to address the deficiency in the municipal water system.
The study result presented four options.
(Click to enlarge)
City staff has selected the option that crosses I-70 at Hall Street and connects a new 12-inch water main from 45th and Hall to an existing dead-end line along Hall Street at the west property line of Carrico Implement.
The plan also calls for installation of a new booster pump station on city-owned property along W. 41st Street just east of Post Road near city water well C-32. The new booster station would serve as a backup to the existing booster station.
It would also create the ability to provide higher water pressure to the northwestern area of the city, “which is much needed,” according to City Manager Toby Dougherty.
Staff solicited fee-based proposals from engineering firms for design services related to the project. Kaw Valley Engineers, Junction City, had the low bid of $59,860.
The waterline project was listed in the Capital Improvement Project of the 2019 Budget with a cost estimate of $2 million to be funded out of Water Capital.
The current design schedule calls for a construction bid opening in October 2019 with construction to begin in 2020.
Braun noted inspection of the project is not included in the scope of work and would be added later at a negotiated fee or solicited from other qualified firms.
“Due to anticipated work load during the time this project is under construction, in-house inspection is not likely,” Braun told Hays city commissioners. “Overseeing construction of a booster station would be beyond the expertise of our existing inspection staff.”
He estimated the cost for outsourced inspection would be in the range of eight percent of the total project cost, although he thinks the “2-million-dollar cost is a little bit high. But we’re probably talking about somewhere between a million and a million and half dollar cost. So we could be talking $80,000 or more [for the construction inspection].”
Commissioners will review the design engineering proposal at their March 14 meeting.
The complete agenda is available here. The meeting starts at 6:30 p.m. in Hays City Hall, 1507 Main.
A declaration of “Fix a Leak Week” will precede the meeting at 6:15 p.m.
The city of Hays Fire Department (HFD) will be inspecting and flow testing fire hydrants on Tue., March 12, 2019, weather permitting, in the area of north of 41st St. and west of Hall St. This is part of a coordinated effort by the city of Hays to inspect all fire hydrants in Hays 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.
Thursday, Feb. 28 marked a critical deadline known as “turnaround,” marking the official halfway point for the 2019 Legislative session. It was a busy week for the Senate, as we spent two full days debating and voting on bills ahead of the Turnaround deadline. After being on the floor all day Tuesday and Wednesday, the Legislature was on break until March 6th to give clerical staff time to process the significant amount of paperwork resulting from this week. By “turnaround,” a bill, with few exceptions, must have passed its Chamber of origin in order to be considered by the other Chamber before session is over for the year. When the Senate returned on Wednesday, the focus was to consider bills passed by the House Chamber and bills exempt from the Turnaround deadline.
FLOOR ACTION LAST WEEK
REGISTERING FLEET VEHICLES – SB 97: Senate Bill 97 authorizes the registration of certain rental vehicles in fleets and the issuance of permanent license plates to reflect that registration – must be 250 motor vehicles submitted electronically.
COMPANY SIGNS IN VEHICLES – SB 63: Senate Bill 63 authorizes the governing body of a city to adopt an ordinance to allow a driver for a transportation network company (Uber, Lyft and others), when the driver is logged on to the transportation network company’s digital network, to equip the vehicle with a device capable of displaying a light visible from directly in front of the center of the vehicle. The lighting device can display steady light and can be any color except red.
REMEDIATION REIMBURSEMENT PROGRAM – HB 2001: House Bill 2001 extends the sunset on the Kansas Remediation Linked Deposit Loan Program, the Kansas Remediation Reimbursement Program, and the Kansas Agricultural Remediation Fund from July 1, 2020, to July 1, 2030.
UNCLAIMED LIFE INSURANCE BENEFITS ACT – SB 67: Senate Bill 67 establishes the Unclaimed Life Insurance Benefits Act (Act). The bill would require an insurer to compare its insureds’ in-force policies, contracts, and retained asset accounts against a DMF, on at least a semi-annual basis. The bill would require insurers, for group life insurance, to confirm the possible death of an insured when the insurers maintain at least the Social Security number or name and date of birth, beneficiary designation information, coverage eligibility, benefit amount, and premium payment status of those covered under a policy or certificate.
SERVICE-CONNECTED DEFINITION IN POLICE AND FIREMEN’S RETIREMENT SYSTEM – SB 15: Senate Bill 15 revises the definition for “service-connected” as that term is used to determine death and disability benefits in the Kansas Police and Firemen’s Retirement System. Under current law, service-connected causes for death and disability benefits include heart disease, lung or respiratory disease, and cancer. The bill would add bloodborne pathogens.
UPDATING THE STATE BANKING CODE (SB 82): Senate Bill 82 amends provisions of the State Banking Code relating to certificate of existence, voting rights for conversion to a state charter, and the method of delivery for certain notices. The bill includes certificates of existence, conversion to a State Charter and delivery methods for certain notices.
ENTREPRENEURSHIP ACT – SB 90: Senate Bill 90 would allow financial institutions to claim the Center for Entrepreneurship tax credit beginning in tax year 2019, which would be applied to the privilege tax owed. The maximum amount of tax credits that any taxpayer could claim would be increased from $50,000 to $100,000. The total amount of tax credits that could be claimed for all taxpayers would remain capped at $2.0 million per fiscal year.
KANSAS REAL ESTATE COMMISSION LICENSING –SB 60: Senate Bill 60 modifies statutes related to licensing of real-estate brokers and the Kansas Real Estate Commission. The bill reduces real estate broker’s licenses time from five years to three years preceding the date of application for the license for which an applicant for a broker’s license may satisfy the requirement of two years’ experience as a resident salesperson or a licensee in another state. It also increases the pre-license education course from 24 hours to 30 hours, and no more than 45 hours, and renames the course the “Kansas Real Estate Fundamentals Course.” It also creates a new course titled “Kansas Real Estate Management Course,” which would be 30 to 45 hours in length and would be required for original broker’s license applicants beginning January 1, 2020.
REGULATING ASSIGNMENT OF RIGHT OR BENEFITS TO A RESIDENTIAL CONTRACTOR – SB 78: Senate Bill 78 creates law within the Kansas Consumer Protection Act regarding a post-loss assignment of rights or benefits to a residential contractor under a property and casualty insurance policy insuring residential real estate. The residential contractor would be required to provide the assignment to the insurer of the residential real estate within three days of the signing of the assignment, and the assignment would have to provide that, in addition to any other right to revoke, the named insured has the right to cancel the assignment within five business days after execution.
AT-RISK PROGRAMS – SB 16: Senate Bill 16 requires, on and after July 1, 2019, the best practices identified and approved by KSBE for at-risk programs and instruction of students receiving at-risk program services. The bill would also specify Jobs for America’s Graduates (JAG) and Boys and Girls Club as programs eligible to receive state appropriations for providing individualized support to students enrolled in unified school districts and assisting with student achievement goals.
MINIMUM SCHOOL SAFETY DRILLS EACH YEAR – SB 128: Senate Bill 128 requires the State Fire Marshal to adopt rules and regulations requiring administrators of public and private schools and educational institutions, except community colleges, colleges, and universities, to conduct at least four fire drills, two tornado drills (one in September and one in March), and three crisis drills each school year. The bill would require the three crisis drills to be conducted at some time during school hours, aside from the regular dismissal at the close of the day’s session.
MOTOR VEHICLE ACCIDENT PREVENTION COURSE –SB 94: Senate Bill 94 would require a motor vehicle accident avoidance course associated with required reduction in motor vehicle insurance premium charges to be at least four hours in duration. The bill would require the course utilize a nationally recognized driver training curriculum or a curriculum approved by a state or federal agency.
POLICE AUDIBLE AND VISUAL SIGNALS – SB 62: Senate Bill 62 authorizes the violation of certain rules of the road in the Uniform Act Regulating Traffic on Highways by the driver of a police vehicle who has reason to believe vehicle operation while using lights and audible signals could impede a law enforcement action under circumstances specified by the bill.
WIRELESS TELECOMMUNICATION SERVICES – SB 68: Senate Bill 68 make changes to law relating to valid contract franchise ordinances and their application to wireless service providers and wireless infrastructure providers. The bill would allow a city to govern a wireless services provider’s or wireless infrastructure provider’s use of the public right-of-way using any combination of a master license agreement, permitting requirement, or municipal ordinance or code. The bill also would allow a city to assess a wireless services provider or a wireless infrastructure provider a fixed right-of-way access fee for each small cell facility that a provider deploys that requires the use of the city’s right-of-way. The fee could not be based on such a provider’s gross receipts derived from services provided within a city’s corporate limits.
KANSAS STATE GRAPE – SB 53: Senate Bill 53 designates the official Kansas red Winegrape as Chambourcy, and the official Kansas white Winegrape as Vignola’s.
POSTSECONDARY TECHNICAL EDUCATION AUTHORITY – SB 71: Senate Bill 71 reauthorizes the Postsecondary Technical Education Authority (TEA) by repealing the statute specifying sunset date of June 30, 2019. The bill would also require the TEA to make an annual report to the Legislature on the performance of its functions and duties.
DATE FOR TAKING OFFICE – SB 105: Senate Bill 105 authorizes a city to determine the start date of a regular term of office for a city officer by resolution of the city. In law regarding city elections, the bill would require the start date be on or after December 1 following certification of the election and no later than the second Monday in January following certification of the election. If the city does not establish an alternative date, the bill would specify such term would begin on the second Monday in January.
EMPLOYMENT FOR BLIND OR DISABLED INDIVIDUALS – HB 2044: House Bill 2044 authorizes a new income tax credit for tax years 2019 through 2023 equivalent to 15.0 percent of expenditures on goods and services purchased from qualified vendors or non-profit certified businesses, as those terms would be defined by the bill, that provide a certain level of health insurance benefits and have at least 30.0 percent of their employees be resident Kansans with disabilities. The amount of the credit would be capped at $500,000 per each qualified vendor each tax year, and the total amount of cumulative credits allowed for the life of the program would be capped at $5.0 million. The tax credits would be nonrefundable, but unused credits could be carried forward for up to four years and applied against the liability of future tax years.
AO-K TO WORK PROGRAM – SB 199: Senate Bill 199 creates the AO-K to work program that allows certain adults to earn high school equivalency credentials through the participation of career pathway oriented postsecondary classes.
SERVICES FOR CHILDREN WITH PROBLEM SEXUAL BEHAVIOR – SB 77: Senate Bill 77 requires the Department for Children and Families (DCF) to offer services to children with problem sexual behavior and their families.
REQUIRING THE NOTIFICATION OF MISSING FOSTER CARE CHILDREN – SB 162: Senate Bill 162 requires the notification to the governor and legislature whenever a child goes missing in foster care. The Department for Children and Families (DCF) would be required to notify the governor and legislature as well as the newspaper of the county wherever the child went missing. The bill also requires DCF to issue a fine of $500 to the contractor for each day the contractor fails to report the missing child.
STATE CABIN RENTAL FEES – SB 49: Senate Bill 49 authorizes the Department of Wildlife, Parks, and Tourism to establish fees for the public use of cabins owned or operated by the department and for camping permits at state parks. SB 49 eliminates current law that requires the department to obtain approval from the Kansas Wildlife, Parks, and Tourism Commission to establish fees for the use of cabins by the public.
KANSAS CEREAL MALT BEVERAGE ACT – HB 2035: House Bill 2035 provides uniformity in the issuance of citations for violations of the Kansas Cereal Malt Beverage Act by ABC.
ALLOWING CERTAIN PODIATRISTS TO PERFORM SURGERY – SB 61: Senate Bill 61 adds podiatrists who completed a two-year post-doctoral surgical residency program prior to July 1, 2007, in reconstructive rearfoot/ankle surgery to the podiatrists who may perform surgery on the ankle, as long as they are board-certified or in the process of being certified.
AMENDING THE CRIME OF COUNTERFEITING –SB 134: Senate Bill 134 amends the crime of counterfeiting currency.
REMOVING A RESTRICTION IN UNEMPLOYMENT INSURANCE –SB 27: Senate Bill 27 repeals the provision in Kansas Employment Security Law that prohibits professional employer organizations from including a client company’s owners and officers in the same quarterly report as that company’s employees.
LICENSURE REQUIREMENTS FOR SOCIAL WORKERS – SB 193: Senate Bill 193 provides for licensure by reciprocity for social workers at baccalaureate, master’s, and specialist clinical levels and amends the requirement for licensure by reciprocity for other professions regulated by the Behavioral Sciences Regulatory Board. SB 193 allows applicants who are deficient in the qualifications or in the quality of educational experience required for licensure, to obtain provisional licenses to allow the applicant’s time to fulfill remedial or other requirements prescribed by the Board. The bill also amends the licensure requirements for a specialist clinical social worker by reducing the number of hours of postgraduate supervised professional experience required.
ADDRESSING ISSUES WITH SIGNATURES ON ADVANCE BALLOTS – Sub SB 130: Substitute for Senate Bill 130 amends law concerning advance ballots and associated signature requirements. The bill requires county election officers to try to contact each voter who submitted an advance voting ballot without a signature or with a signature that does not match the signature on file and allow the voter to correct the deficiency before the final county canvass.
CHANGES TO MUNICIPAL OFFICE ELECTIONS – SB 131: Senate Bill 131 amends law concerning the filing date for municipal offices and the date certain newly elected township officers take the oath of office. SB 131 changes the filing deadline for a candidate in a municipal election where a primary election is not authorized or required by law from September 1 prior to the general election in odd-numbered years to the day before the primary election date in both odd- and even-numbered years. The bill also changes the date a newly elected trustee, clerk, or treasurer of any township must take the oath of office, from within 20 days after being notified of such election to on or before the second Monday in January when the term of office begins.
SCHOOL BOARD ELECTIONS – SB 7: Senate Bill 7 amends current law regarding the timing of appointing a replacement school board member, timing of elections of officers of a local board of education, the date local school district board officials take office, and the timing of an election to change the method of election or voting plan for school board members. SB 7 also requires the first meeting of the Board of Education to be on or after the second Monday in January or at a later meeting if so determined by the Board at the first meeting, rather than in July.
EUDORA COMMUNITY LIBRARY DISTRICT ACT – SB 59: Senate Bill 59 allows the city of Eudora to continue to be part of a library district previously established by the City of Eudora and Eudora Township.
You can find a wealth of information at this well-designed website which focuses on Kansas with topics of business, education, government, residents and services with links to agencies and staff to help answer any question you might have. Webfile will take you directly to the Department of Revenue to file your taxes; Form finder will take you to the Secretary of States office for all types of forms for businesses; Learning Quest will direct you to the State Treasurer’s Office; the three branches of Government; and Plan your Trip to Kansas will open to the Department of Wildlife, Parks and Tourism.
UNCLAIMED PROPERTY IN KANSAS
The State of Kansas has over $350 million dollars in unclaimed property waiting for the rightful owner to find and claim. Unclaimed property stats from July 1, 2018 to March 2, 2019 include 825,558 searches, $19,702,309.57 returned with the average claim paid at $250.16. These holdings at the Treasurer’s office include bank accounts, cash, stocks, bonds, refunds (utilities), royalties, insurance proceeds and even safe deposit box contents. To search for your name, visit www.kansasastatetreasurer.com and enter your name or business name to see if your name is on this list. Senate District #36 has over 4000 entries in the thirteen counties it covers. If you would like more personal assistance, call 800-432-0386 or 785-296-4165.
Thank you for all of your calls, emails, and letters this week. Constituent correspondence helps inform my decision-making process and is taken into great consideration when I cast my vote in the Kansas Senate. I hope you’ll continue to engage with me on the issues that matter most to you, your family, and our community.
If you are on Twitter or Facebook, I encourage you to follow along with the #ksleg hashtag for real-time updates on legislative happenings in Topeka.
It is easy to “get into the weed” on pieces of legislation that seem on the surface to have universal appeal, but for those who want to pursue a more in-depth analysis of the ones which did not have such agreement, go to www.kslegislature.org and pull up “Bills & Laws,” then “Senate Bills,” before scrolling to the desired number and hitting “SN” (Supplemental Notes) for a general explanation which is written by the Legislative research & reviser staff.
Elaine Bowers, R-Concordia, is the 36th Dist. state senator and serves as the Senate Majority Whip. The 36th Senate District includes Cloud, Jewell, Lincoln, Mitchell, Osborne, Ottawa, Republic, Rooks, Russell, Smith and Washington counties and portions of Marshall and Phillips counties.
Two public hearings will be held by the Hays Board of Zoning Appeals during its meeting Wednesday.
The first hearing is a request of an 11 1/2 ft. decreased street side yard variance at 217 W. 14th Street to construct a carport.
The second hearing is a request of 4 ft. increase in the height of a detached garage at 3314 Thunderbird Drive.
The complete agenda is available here. The meeting starts at 8:15 a.m. in Hays City Hall, 1507 Main.
Jeremy Green, 4112 Covenant Drive, objects to a special assessment for a new park in King’s Gate First Addition. Green said he and his neighbors were never notified by developer Covenant Builders of the upcoming fee.
By BECKY KISER Hays Post
Some homeowners in King’s Gate First Addition in northwest Hays are unhappy with the neighborhood’s local developer, Covenant Builders, and its president Katherine Burnett.
Jeremy Green, 4112 Covenant Drive, told Hays city commissioners Thursday night he and his neighbors were “blindsided” by a recent notice from the city about assessments the 52 property owners are liable for now that a park improvement district previously created in the city is completed.
Green, who built his house in January 2013, said “from day one, we were all told that Covenant Builders would pay for that park. That was stated by Burnett and several of her workers. We were under the understanding that this came under the current curb and guttering specials and that Covenant would take care of it.”
He gave the commission a number of signatures of his neighbors and said he would be getting more.
Efforts to contact Burnett were unsuccessful Friday morning.
King’s Gate Addition was platted and began development in 2010. In 2012, the developer petitioned the city for establishment of a benefit district to fund improvements to King’s Gate Park, a small neighborhood park at the north end of the development. A resolution was approved by the city commission allowing for special assessment of the park improvements.
There was no public notice of the petition in 2012.
“At the time, Covenant Builders owned the majority of the lots. There were maybe 4 or 5 that were sold,” recalled City Manager Toby Dougherty. “Burnett received signatures that were affixed to the petition which requested a waiver of public notice because of that.”
King’s Gate Park
Covenant Builders was awarded the low bid of $75,000 for the park construction project on June 28.
Design engineering, bond issuance and interest brought the total cost to $82,163.49, Finance Director Kim Rupp told the commissioners. The assessment is for 10 years split equally per square foot within the improvement district.
The neighborhood wants the park, according to Green, who added he has “no problem with paying taxes, but tell me I’m going to be paying taxes.”
“It’s only a few thousand dollars per house, but it’s the principal behind it.”
Information provided by Rupp shows the highest assessment in the district is $2,322.75; the lowest assessment is $810.27.
Rupp told the commission several of the affected homeowners had already talked to him and City Clerk Brenda Kitchen about the matter.
Mayor Henry Schwaller pointed out the city has a policy that “every development will have green space to be paid for by the developer or through specials, or the developer will give the city some money.”
“The validity of the proceedings is, I don’t think, questionable,” said John Bird, city attorney. “The fact of the matter is the city followed the rules, which include that public notice is given various times. What usually happens in these things, I think, is the developer because they have total control over the project at first, they’ll sign off on things that bind those lots later. But that’s really between the developer and the people that purchase the lots later.
“It sounds like you definitely didn’t have very good communication with each other. .. You weren’t blindsided by us,” Bird concluded.
“I get that,” Green agreed.
Bird told Green he and his neighbors “probably have a remedy. It’s just not here.”
According to Rupp, there is a state statute requiring a seller to notify the buyer of any special assessment, even if it’s pending.
Green also said there are several lawsuits underway regarding flooding in King’s Gate First Addition.
“You can’t just keep giving, giving and giving to this builder when there’s issues. They need to be addressed. Something’s got to be done,” he said.
Commissioners thanked Green for bringing attention to the issue.
“It is important to note that we do use the general bonding authority of the city in order to make these developments happen,” commissioner James Meier said. “Even though it’s special assessed to the properties, it’s still a general obligation bond. I think we do need to be aware of when these sorts of things happen. We’re under no requirement to bond for developers. I think this is a good discussion and good information for us to have.”
A public hearing will be held March 14 during a regular commission meeting to consider an ordinance levying the special assessments.
A second public hearing will consider the Heart of America Second Addition (Resolution No. 2016-010) for water, sanitary sewer, storm sewer and street improvements included in the extension of Ninth Street east to Commerce Parkway.
Heart of America Second Addition will have a 15-year assessment of $277,836.51 spread against each lot.
The Final Master Order for the R9 Ranch long-term water project is off the desk of the Chief Engineer of the Division of Water Resources (DWR), announced Hays Mayor Henry Schwaller on Thursday night.
“He (David Barfield) finished the order as he said he would. It is now under consideration by Division of Water Resources attorneys and then we will get to look at it as well,” Schwaller said at the end of the city commission work session. “Once that Master Order is reviewed, it will be issued.”
“It will become official,” added City Manager Toby Dougherty, “and the start of the Water Transfer (Act) is contingent upon an approved change order.”
“So, we cannot start that process until it is approved.”
The Final Master Order is set up to be contingently approved with a clause that if the cities of Hays and Russell are not successful in negotiating the transfer process, none of the changes will take effect, Dougherty explained.
The next step, he said, is for the cities to “start pressing the three agency heads to begin moving forward with the water transfer process.”
By state law, once the Final Master Order is issued, the Water Transfer Act will be triggered. The act still requires approval within 18 months from a three-person panel consisting of the Kansas Department of Health and Environment Secretary or the KDHE Director of the Division of Environment, the head of the Kansas Water Office, and the chief engineer of the KDA/DWR. The state agriculture department oversees the Division of Water Resources.
“So one step is down. Two more to go. We’re very excited about that,” Schwaller added.
Hays Public Library’s Little Free Library at Seven Hills Park. Ellis plans to implement a similar community book exchange.
ELLIS – Visitors to three parks in Ellis will soon be able to enjoy a community book exchange program.
City council members Monday approved the provision of materials and installation of the boxes by the Public Works Dept.
Todd Keller of the Washington Grade School PTO presented the presented the idea to the council during their meeting. The PTO helped finance the cost of the materials for the boxes, and a woodshop class constructed the boxes.
The council also accepted a low bid of $2,000 from Luke Karlin for replacement of the swimming pool house roof.
In other business, a lengthy discussion was held about establishing an emergency snow route. Public Works Director Alan Scheuerman was directed to design such a route while City Clerk Amy Burton will research applicable traffic ordinances in other Kansas towns.
The complete unofficial meeting minutes follow.
ELLIS CITY COUNCIL REGULAR MEETING
Minutes
March 4, 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, and Jolene Niernberger. Also present were Public Works Director Alan Scheuerman, City Clerk Amy Burton, and Police Chief Taft Yates. Council member Bob Redger and City Attorney Olavee Raub were absent.
PLEDGE OF ALLEGIANCE
AMENDMENTS TO AGENDA
Mayor David McDaniel requested the addition of Consideration of Emergency Sewer Repairs under New Business.
PUBLIC PRESENT
Glen Keller, Steve Homburg, Barbara Perkins, Cameron Reed, Todd Keller, Vernie Pritchett, Travis Roland (arrived at 7:50 p.m.), Jake Schartz (arrived at 7:57 p.m.), Jason Armstrong (arrived at 7:58 p.m.), and Brad Leiker (arrived at 8:05 p.m.)
CONSENT AGENDA
Council member Holly Aschenbrenner moved to approve the consent agenda containing the Minutes from the Regular Meeting on February 18, 2019 and Bills Ordinance #2064. Council member Martin LaBarge seconded the motion. The Council approved the consent agenda 5-0.
PUBLIC COMMENTS
Vernie Pritchett expressed her support of the City’s swimming pool project. Ms. Pritchett works as a Foster Grandparent at Washington Grade School and believes the swimming pool is an important activity for our youth.
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
None
SPECIAL ORDER
Parks: Special Project
Todd Keller, Washington Grade School PTO, presented a sample “book box” for use in a community book exchange program. The PTO helped finance the cost of the materials for the boxes, and Mr. Carroll’s woodshop class constructed the boxes. Mr. Keller is requesting the City’s assistance with allowing the boxes to be placed in three City parks and for Public Works’ assistance in mounting the boxes. Council member Holly Aschenbrenner moved to support the placement of the book exchange boxes in Swimming Pool, Play World, and South Walnut parks, and for the Public Works Department to provide the materials and installation of the boxes in the respective parks. Council member Bret Andries seconded the motion. The motion carried 5-0.
UNFINISHED BUSINESS
Swimming Pool: Repair/Maintenance
The City solicited sealed bids for labor to remove the old shingles at the pool house and to replace with metal roofing. Mayor David McDaniel opened the following bids: Eck & Eck Construction – $4,200.00 and Luke Karlin – $2,000.00. Council member Jolene Niernberger moved to accept the bid from Luke Karlin in the amount of $2,000.00 to replace the roof at the swimming pool, with funds to come from the Capital Improvement Fund. Council member Martin LaBarge seconded the motion. The motion carried 5-0.
Parks: Event Request
Council member Holly Aschenbrenner moved to approve the Public Property Permit Application and the Event Request for Traffic Control for the Chrysler Car Show to be held at Chrysler Park on June 1, 2019. Council member Steve Ferland seconded the motion. The motion carried 5-0.
Personnel: Policy
Council member Jolene Niernberger moved to approve the revisions to the Catastrophic Sick Leave Bank Program as presented. Council member Holly Aschenbrenner seconded the motion. The motion carried 5-0. The revision specifies that newly eligible employees have ninety days to enter the program once the required hours are accumulated.
General Government: Policy
Council member Holly Aschenbrenner moved to approve the Small Cell Aesthetic Standards with the minor revision noted on Page 3. Council member Bret Andries seconded the motion. The motion carried 5-0.
Sewer: Repair/Maintenance
The update on the status of obtaining right-of-ways for the Cedar Lane lift station project will be tabled due to the City Attorney’s absence.
Special Machinery: Acquisition
Public Works Director Alan Scheuerman presented two bids for the purchase of a Skid-Steer loader, with the recommendation to accept the low bid from Bobcat. The current machine is 20 years old and has a severe hydraulic leak. After discussion, Council member Martin LaBarge moved to accept the bid from Bobcat for the S595 T4 Skid-Steer loader in the amount of $37,688.79, less trade-in of $7,500 for a total price of $30,188.79, with funds to come from the Special Machinery Fund. Council member Holly Aschenbrenner seconded the motion. The motion carried 5-0.
Special Machinery: Acquisition
Mr. Scheuerman continued by presenting bids for the purchase of a jack hammer attachment for the skid-steer loader. He recommends the low bid from Bobcat. The current attachment is ten years old, and Mr. Scheuerman stated that no repairs have been needed to the equipment thus far. Council member Steve Ferland moved to accept the bid from Bobcat for the NB160 jack hammer attachment in the amount of $5,212.84, less trade-in of $1,500, for a total price of $3,712.84, with funds to come from the Special Machinery Fund. Council member Jolene Niernberger seconded the motion. Upon a call for discussion, Council member Holly Aschenbrenner questioned if the funds would be better utilized on a piece of equipment that needs replaced more urgently. Upon a call for the vote, the motion carried 3-2, with Council members Steve Ferland, Jolene Niernberger, and Bret Andries voting in favor of the motion, and Council members Martin LaBarge and Holly Aschenbrenner voting opposed.
NEW BUSINESS
Parks: Event Request
Council member Holly Aschenbrenner moved to approve the Public Property Permit Application from the Kohl family for the use of Chrysler Park on July 19th and 20th for a family reunion. Council member Bret Andries seconded the motion. The motion carried 5-0.
Economic Development: Policy
Council member Holly Aschenbrenner moved to approve the Application for New Retail Business Incentive Partial Sales Tax Rebate for Auto Standard, LLC. Council member Jolene Niernberger seconded the motion. The motion carried 5-0.
Streets: Policy
Council entered into a lengthy discussion regarding the establishment of an emergency snow route. Currently, the City only has primary snow routes for clearing snow. Council member Martin LaBarge stressed the safety factor of having an established route, and Public Works Director Alan Scheuerman concurred by stating he has witnessed numerous close calls of vehicles not giving staff adequate space to maneuver the big equipment. Establishing a designated route would prohibit vehicles from that roadway until the snow was cleared. Council discussed various factors such as traffic control, ticketing violators, contracting with a towing company, signage, and the possible route itself. Council requested Mr. Scheuerman provide a proposed emergency snow route at the next Council meeting and for City Clerk Amy Burton to request sample ordinances from the Clerk’s List Serve.
Personnel: Policy
City Clerk Amy Burton presented a proposed revision to the Personnel Policy. The Public Works Department has requested Council remove the stipulation that treatment of the streets for adverse conditions is always treated as a one-hour minimum scheduled call-out. By removing the stipulation, call-outs will follow the already established “scheduled” or “emergency” provisions, whichever the case may be. Council member Martin LaBarge moved to remove the stipulation that treatment of adverse street conditions is always calculated as a one-hour minimum call-out. Council member Holly Aschenbrenner seconded the motion. The motion carried 5-0.
Campground: Special Project
The Ellis Alumni Association has requested a donation for their annual golf tournament. Council member Holly Aschenbrenner moved to donate two – two-night stays at the Lakeside Campground. Council member Bret Andries seconded the motion. The motion carried 5-0.
Streets: Repair/Maintenance
Public Works Director Alan Scheuerman requested ratification of the invoice from Flatlander Dirt Works, LLC. The company hauled one extra load of street material than needed due to miscommunication with APAC on the amount of rock previously hauled. Council member Holly Aschenbrenner questioned why the City should pay for the overage when it was the contractor’s error. Mr. Scheuerman explained the City will use the extra rock either this year or next; it just wasn’t needed for the current project. Council member Bret Andries moved to ratify the invoice from Flatlander Dirt Works, LLC in the amount of $11,479.20, an overage of $229.20. Council member Martin LaBarge seconded the motion. The motion carried 4-1, with Council member Holly Aschenbrenner opposed and Council member Steve Ferland abstaining.
Sewer: Repair/Maintenance
Mr. Scheuerman informed Council of a sewer line problem in the area of 10th and 11th Streets from Spruce to Monroe. The sewer line backed up earlier today, with a similar issue in early February. Both times the sewer line was jetted to clear any obstruction. Mr. Scheuerman presented two bids to camera the sewer line to determine what is causing the issue. Council member Holly Aschenbrenner moved to accept the low bid from Utility Maintenance Contractors, LLC to camera the sewer line at an amount not to exceed $3,000, with funds to come from the Sewer Depreciation Reserve fund. Council member Martin LaBarge seconded the motion. The motion carried 5-0.
REPORTS FROM CITY OFFICIALS
Public Works
The Insurance Services Office (ISO) has submitted a letter stating the City has received a Class 6 rating for 1&2 family residential properties and a Class 7 rating for commercial and industrial property. The rating will apply to new buildings receiving a Certificate of Occupancy after January 1, 2019.
Police
Police Chief Taft Yates presented the Monthly Activity Report for February and the March Staff Calendar.
City Clerk
City Clerk Amy Burton presented the draft minutes from the recent Campground Committee meeting.
The Swimming Pool Committee has drafted an informational flyer explaining the grant project for a new swimming pool. Council requested Ms. Burton contact the engineer to gather more details of the proposed new pool to include in the flyer. The Committee hopes to include the flyer with the April 1st utility bills.
Ms. Burton informed Council of the need to develop a policy at the auditor’s request regarding donations. The City receives numerous donation requests each year, and it would be helpful to have criteria to follow.
The annual Community Blood Screening will be March 6th from 7:30 a.m. – 8:30 a.m. in Council chambers.
Darin Myers, Ellis County Emergency Manager, has requested Council attendance at an Incident Command Overview course on March 27th in Hays.
Ms. Burton met with the City’s health insurance administrators and reported that the City’s premium costs for the year are .87% below projections.
Attorney
None
Mayor Update and Announcements
None
Executive Session
Mayor David McDaniel asked for a motion to recess into executive session at the request of Public Works Director Alan Scheuerman. Council member Steve Ferland moved for City Council to recess into executive session for 10 minutes to discuss personnel in the Public Works Department pursuant to the non-elected personnel matter exception, K.S.A. 75-4319 (b)(1) with Public Works Director Alan Scheuerman and City Clerk Amy Burton present. The open meeting will resume at 9:51 p.m. Council member Jolene Niernberger seconded the motion. The motion carried 5-0. No action was taken in executive session and the open meeting resumed.
Executive Session
Council member Holly Aschenbrenner moved for City Council to recess into executive session for 5 minutes to discuss personnel in the Public Works Department pursuant to the non-elected personnel matter exception, K.S.A. 75-4319 (b)(1) with Public Works Director Alan Scheuerman and City Clerk Amy Burton present. The open meeting will resume at 9:57 p.m. Council member Steve Ferland seconded the motion. The motion carried 5-0. No action was taken in executive session and the open meeting resumed.
Executive Session
Council member Holly Aschenbrenner moved for City Council to recess into executive session for 5 minutes to discuss personnel in the Public Works Department pursuant to the non-elected personnel matter exception, K.S.A. 75-4319 (b)(1) with Public Works Director Alan Scheuerman and City Clerk Amy Burton present. The open meeting will resume at 10:02 p.m. Council member Steve Ferland seconded the motion. The motion carried 5-0. No action was taken in executive session and the open meeting resumed.
ADJOURNMENT
Council member Bret Andries moved and Council member Steve Ferland seconded a motion to adjourn the meeting. The motion carried 5-0. The meeting adjourned at 10:03 p.m.
Last year was the third wettest year on record for the city of Hays.
In 2018, Hays received 37.55 inches of moisture, just a quarter-inch shy of 37.99 inches that fell in 1993 – the second wettest year.
Official daily records have been kept by the K-State Agricultural Research Center south of town since 1868.
Still, the abundant moisture does not mean an end or even slowdown of the city’s water conservation programs started in 1992.
Holly Dickman, Hays water conservation specialist
“We’re in really great shape right now. The seasonal drought outlook is good for us showing no drought at least through April,” said Holly Dickman, Hays’ water conservation specialist. “The soils are very saturated right now.”
She presented a wrap up of the water conservation programs in 2018 to city commissioners last week and talked about what will be done in 2019.
The high efficiency toilet rebate program was the most popular in 2018 and Dickman expects the same this year. Most of the rebates were for residences.
TOILET REBATES 2018
449 toilets replaced at a cost of $38,200 to the city
289 replaced in 2017
Potential 2,934,853 gallons of water saved
WASHING MACHINE REBATES 2018
91 washing machines replaced at a cost of $9,100 to the city
89 replaced in 2017
81% of machines had Integrated Water Factor (IWF) of 3.2 gallons or less
Potential 691,849 gallons of water saved
URINAL REBATES 2018
3 urinals replaced at a cost of $900 to the city
Potential 191,625 gallons of water saved
Urinal rebate eliminated for 2019
TURF CONVERSION 2018
9 turf conversions of 12,734 sq. ft. at a cost of $9,023 to the city
26 conversions in 2017
Average rebate of $931.40
Pending conversions of 18,864 sq. ft.
LOW FLOW SHOWER HEAD PROGRAM 2018
146 shower heads distributed
103 distributed in 2017
Potential 852,640 gallons of water saved
Last year was slow for turf conversions due to the plentiful rain. Several pre-inspections are pending. Property owners have one year to complete the work.
The urinal rebate is not a popular program according to Dickman and has been eliminated for 2019. She noted the Golden Q Sports Bar & Grill was the sole participant last year.
“If there is a commercial business that would like to replace their urinals, I encourage them to contact me. There are other ways we can help facilitate that,” she added.
Notable projects of 2018 included the change out in Jan. of 98 toilets by the Fort Hays Inn, 2524 Vine, to models with a 1.28 gallon per flush (gpf).
In 2017, the motel used an average 7,890 cu. ft. of water per month. In 2018, that was reduced to 2,704 cu. ft. per month.
Tiger Mart convenience store, 335 W. 8th St., changed out a water-cooled ice machine for an air-cooled model in Aug. Average monthly water use for the ice machine was reduced to 620 cu. ft. from 2,400 cu. ft.
“Those are phenomenal,” said Commissioner Sandy Jacobs.
Commissioner James Meier agreed. “Of course, we’re excited about the water savings, but the monetary savings. Think what that means to them. That has to be thousands of dollars.”
(Click to enlarge)
Dickman shared a list of 18 types of education and outreach she uses, “in all ways, shapes and forms,” saying it all comes down to communication. “The more variety, the better.”
Dickman also noted the revamped city of Hays website includes a blue topic button on the front page and a featured column for water conservation information.
A new mascot, Water$mart Wally,” was created last year and first introduced to the Lincoln School third-graders.
The city of Hays and KSU Big Creek Middle Smoky Hill River Watersheds will host a free World Water Day Fun Fest for children 10 a.m. – 12 p.m. Thu., March 14 in the lobby of the Sternberg Museum of Natural History, 3000 Sternberg Drive.
Southeast corner of Commerce Parkway and 27th Street (Click to enlarge)
By BECKY KISER Hays Post
Hays city commissioners Thursday will discuss exercising the city’s option to purchase property near Interstate 70 and Commerce Parkway.
In April 2018, the commission purchased an 18-month irrevocable option to buy 91 acres in the northeast corner of the 27th Street and Commerce Parkway intersection at the east I-70 Exit 161. That option expires September 19 of this year.
The property, currently owned by the Cathy A. Braun Revocable Trust of Hays, has significant potential for future retail, commercial, and business park development.
According to a memo from City Manager Toby Dougherty, the cost to exercise the option is the original price of $800,000, less the credited option payment of approximately $17,500 if paid the day following the regular March 14 commission meeting, and prorated taxes of $108. The total remaining purchase price would be $782,608 plus shared closing costs and title insurance.
Staff is recommending the city commission approve the purchase.
(Click to enlarge)
Commissioners will also see an engineering design proposal to build an additional waterline under I-70 to the north. There is currently just one 16-inch water main going under I-70 to the 500,000-gallon water tower constructed in 1993.
The lowest cost proposal is from Kaw Valley Engineers, Junction City, for $59,860. It would be funded from Water Capital.
The project is included in the Capital Improvement Plan within the 2019 Budget.
On April 1, Kansas laws change to allow for the sale of beer with up to 6% alcohol under Cereal Malt Beverage (CMB) Licensing.
Commissioners will review an ordinance amending the current City of Hays Code of Ordinances to include the reference to 6% beer.
There are no changes needed to CMB licensing procedures or qualifications in the City Clerk’s office, according to Kim Rupp, finance director. All current CMB licenses in Hays will remain in effect and will automatically qualify under the new ordinance.
Rupp will also talk about improvements which have been completed in two areas:
• Heart of America Second Addition (Resolution No. 2016-010) – Water, Sanitary
Sewer, Storm Sewer, and Street improvements (extension of 9th Street east to Commerce Parkway)
• King’s Gate First Addition (2012-004) – Park improvements (south of I-70 between Hall Street and the Highway 183 Bypass)
The city will begin the process of assessing property owners in the improvement districts.
Heart of America Second Addition will be a fifteen-year assessment of $277,836.51 spread against each lot.
King’s Gate First Addition will be a ten-year assessment of $82,163.49 split equally per square foot within the improvement district.
