City Council Meeting (June 3, 2024)

The Phillipsburg City Council met in regular session on June 3, 2024, 6:00 P.M, at 945 2nd Street, Phillipsburg, KS.

The meeting was called to order by Mayor Bret Miles.

PRESENT: Councilmembers Brian Shrader; Mike James; Don Roberts; Terry McConnell; Lauren Weinert; Jeannette Harris.

ABSENT: None.

ALSO PRESENT: Tim and Shawn Ellenberger; Jason Dibble; Ruby Wiehman; Kim & Stan Munyon; Jacque Bretton; Deb and Ken Stormont; Krystle Schamp; Janice Patterson; Janice Wilson; Joan Shields; Ketino & Alex Beim; Mike & Janice Sheid; Stacy Solida, Levi Werner; Rachel Martin; Kirby Ross, Phillips County Review; S. Scott Sage, City Attorney; Brandi Spray, City Clerk; Tim Driggs, City Administrator.

The Pledge of Allegiance to the United States was led by Mayor Bret Miles.

Moved by Shrader, seconded by McConnell to approve the May 20, 2024 minutes as written. Voting Aye: ALL. Opposed: NONE.

Moved by Harris, seconded by Shrader to approve the May 21, 2024 special meeting minutes as written. Voting Aye: ALL. Opposed: NONE.

Moved by James, seconded by McConnell to approve ordinance #1055-05-24B to pay the bills. Voting Aye: ALL. Opposed: NONE.

Shrader asked about private swimming lessons in the evenings. Driggs informed him that we do not pay a lifeguard to be there after hours while someone is doing private lessons. They can do their lessons in the morning while a lifeguard is on duty.

Shrader said he had an individual approach him asking about having a dog park in town. Miles stated that it would be something they would have to look into.

Shrader stated that he was approached by several people asking why the city had postponed spraying for mosquitos. Miles said there were several calls that came in requesting to opt out of the spraying so it was postponed to see if opting out is an option.

Shrader also pointed out that a statement that was made at the last meeting about aquatic center managers not being in the lifeguard interviews was not true and he just wanted to point that out for clarification.

Roberts had questions regarding the hiring process for aquatic center employees.

Roberts stated there was an incident at the pool and wanted to make sure that the procedures set by the State of Kansas were being followed for the health and safety of the citizens who use the pool.

Roberts stated that there is a lot near the community garden that needs mowed.

Weinert asked why public comment was moved to the bottom of the agenda. Miles stated since we had so many people on the agenda for public comment, they were moved to the bottom so that city business could be taken care of first.

Harris stated that a constituent had told her that there are granules that can be put in yards to help with mosquito control.

Sage presented 4 resolutions for dangerous structure hearings. He asked that the council look them over.

Moved by James, seconded by Shrader to approve the Budget Agreement for the 2025 budget. Voting Aye: ALL. Opposed: NONE.

Driggs presented the demolition bids for 1655 Prospect and 831 8th Street. Jones Truck & Trash bid $24,000 for 1655 Prospect Street and $18,000 for 831 8th Street. Becker Terracing bid $24,000 for 1655 Prospect and $24,000 for 831 8thStreet. After discussion was held, it was the consensus of the council to table the discussion and have Driggs confirm the date of sale on the properties and to also look into pricing of an inspection on the two properties.

Dibble asked the public to treat all of the city staff with respect. He also took accountability for an inaccurate statement made at the last meeting regarding lifeguard interviews. Dibble believes there needs to be a culture change within city government and states that power is too centralized. He stated that the Fort Bissell is city owned property and asked why it has not been mowed by the city since 2016. He asked Ruby Wiehman to get all records and receipts for lawn care since then and requests that the city reimburse them.

Wiehman asked the council why the fence was removed rather than just moved back like previously discussed. She said it creates a liability issue with no barrier for kids running into the street. It was the consensus of the council to put a fence from the stockade to the corner of the main building.

Beim read a quote regarding mosquito spraying and larvae control from Professor J.P. Michaud, a renowned entomologist at K-State. She also requested that the city council reconsider their decision to spray/fog the entire city. Beim stated that there are mosquito dunk tablets on Amazon for less than $1 a piece that kills the mosquitos before they are old enough to bite.

Solida expressed concerns about the way the town is being conducted. She stated that she is upset about the pool and about losing really good employees. She also asked about the solid waste policy, the dumpster at her business was not dumped due to a car blocking the dumpster. She asked why they couldn’t go back and dump it. Driggs and Spray let her know that the policy does not allow the crew to go back and dump dumpsters that were blocked. It was the consensus of the council to have the crew go back and dump the dumpster and to have the policy looked at.

Werner expressed his concerns about the mosquitos in the community and asked that the council stop stalling on spraying/fogging for mosquitos.

Patterson asked that her 8 properties be opted out from the spraying of mosquitos due to her own research on the chemicals.

Munyon asked about the councilmembers contact information on the city website. It was the consensus of the council to have all councilmembers contact information be published on the city website. After discussion was held, it was the consensus of the council to table the discussion, check with Craig Cole about opting out and make a decision at the next meeting.

Shrader thanked Werner for his comments on mosquito spraying, he noted that the majority of the city had voted to spray. He reiterated that the contract has already been signed to spray. Roberts made a motion to not spray the City of Phillipsburg for mosquitos. Motion failed due to lack of second.

Moved by James, seconded by Shrader to approve Resolution #342 to hold a hearing on the dangerous structure at 434 9th Street. Voting Aye: ALL. Opposed: NONE.

Moved by James, seconded by Shrader to approve Resolution #343 to hold a hearing on the dangerous structure located at 429 9th Street. Voting Aye: ALL. Opposed: NONE.

Moved by James, seconded by Harris to approve Resolution #344 to hold a hearing on the dangerous structure located at 161 Walnut Street. Voting Aye: ALL. Opposed: NONE.

Moved by James, seconded by Shrader to approve Resolution #345 to hold a hearing on the dangerous structure located at 433 9th Street. Voting Aye: ALL. Opposed: NONE.

Moved by James, seconded by Shrader that the city council recess into executive session to discuss a personnel matter pursuant to the non-elected personnel matter exception, K.S.A. 75-4319 (b)(1) with the City Council, Mayor, City Attorney, and Jason Dibble in attendance and the open meeting to resume in the city council chamber at 7:21pm.

Ellenberger’s, Wiehman, Munyon’s, Bretton, Stormont’s, Schamp, Patterson, Wilson, Shields, Beim’s, Solida, Sheid’s, Werner, Martin, Ross, Spray and Driggs left the meeting at 7:11pm.

Ellenberger’s, Solida, Schamp, Martin, Spray and Driggs returned to the meeting at 7:21pm.

Moved by James, seconded by Shrader that the city council recess into executive session to discuss a personnel matter pursuant to the non-elected personnel matter exception, K.S.A. 75-4319 (b)(1) with the City Council, Mayor, City Attorney, and Stacy Solida in attendance and the open meeting to resume in the city council chamber at 7:31pm.

Ellenberger’s, Dibble, Schamp, Martin, Spray and Driggs left the meeting at 7:21pm.

Schamp, Martin, Spray and Driggs returned to the meeting at 7:31pm.

Moved by James, seconded by Shrader that the city council recess into executive session to discuss a personnel matter pursuant to the non-elected personnel matter exception, K.S.A. 75-4319 (b)(1) with the City Council, Mayor, City Attorney, and Krystle Schamp in attendance and the open meeting to resume in the city council chamber at 7:41pm.

Martin, Spray and Driggs left the meeting at 7:31pm.

Ellenberger’s, Dibble, Martin, Spray and Driggs returned to the meeting at 7:41pm.

Moved by James, seconded by Shrader that the city council recess into executive session for preliminary discussion relating to the acquisition of real property exception, K.S.A. 75-4319(b)(6) with the City Council, Mayor, City Attorney, and Driggs in attendance and the open meeting to resume in the city council chamber at 7:51pm.

Ellenberger’s, Dibble, Schamp, Martin, and Spray left the meeting at 7:42pm.

Ellenberger’s, Dibble, Schamp, Martin and Spray returned to the meeting at 7:51pm.

Nikki Swatzell arrived to the meeting at 7:51pm.

Swatzell addressed the council regarding the fecal accidents procedure at the aquatic center.

Moved by James, seconded by Shrader that the city council recess into executive session to discuss a personnel matter pursuant to the non-elected personnel matter exception, K.S.A. 75-4319 (b)(1) with the City Council and Mayor in attendance and the open meeting to resume in the city council chamber at 8:10pm.

Ellenberger’s, Dibble, Schamp, Swatzell, Martin, Spray and Driggs left the meeting at 7:52pm.

Ellenberger’s, Dibble, Schamp, Swatzell, Martin, Spray and Driggs returned to the meeting at 8:10pm.

Moved by McConnell, seconded by Harris to adjourn – time 8:10pm. Voting Aye: ALL. Opposed: NONE.