City's burning ordinance now in line with county regulations

A burning ordinance to bring the city of Holton into line with Jackson County’s open burning laws was approved on Monday by the Holton City Commission.

The new ordinance, drafted by Holton Fire Chief Kevin Ingels, requires Holton city residents to obtain a county burn permit before burning leaves and brush, whereas in the past, the city did not require it, Ingels said. 

“The Jackson County burn permit resolution covers the unincorporated areas of the county, so seeing that the city is incorporated, it technically didn’t fall under that system,” Ingels said. “We want to have it in place for people to call in and get permission to burn, just like everybody else in the county.”

Even though the city did not have its own permit requirement, Ingels added, “probably 90 percent” of Holton residents who wished to conduct open burns still obtained a permit. Otherwise, he said, there are now “a lot of similarities” between the city’s fire code and the county’s open burning resolution, which sets rules for conducting burns and specifies what may and may not be burned.

The ordinance also covers burning of leaves and brush in fire pits, which are “not considered open burning,” according to the ordinance. Ingels added that fire personnel tend to recommend that fire pits have some sort of cover to “keep embers from blowing out.”

Concerning fines for open burning violations, Ingels said “the city’s fines are actually a little lower” than those levied by the county. But on Tuesday, Holton City Clerk Teresa Riley said the city would adjust its fines to match the county’s open burning resolution — a fine of $500 for the first violation, $1,000 for the second and $15,000 for the third, as well as possible jail time.

In other business on Monday, commissioners approved a 30-year extension of the city’s agreement with the Western Area Power Administration (WAPA) for an allocation of hydroelectric power to the city, with the Kansas Municipal Energy Agency (KMEA) to act as assignee in the agreement between the city and WAPA.

Holton City Manager Bret Bauer said KMEA will oversee the allocation of the extra power to the city in addition to continuing to serve the city, which is part of KMEA’s 13-member Energy Management Project No. 3 power pool. With approval of the agreement, the city will continue to receive a power allocation through Sept. 30, 2054, Bauer said.

Electrical Production Superintendent Ira Harrison said the city has had an allocation agreement with WAPA since the 1970s but was only able to start receiving that allocation about five years ago. According to Bauer, the city could not get that energy during its participation in the Kansas Power Pool, which ended about five years ago when the city switched from KPP to KMEA’s pool.

The agreement states that during summer months, WAPA will provide 940 kilowatts of power to the city “every other hour,” Harrison said, while that provision during winter months will be 803 kilowatts. The cost to the city, he added, depends on wholesale market prices but usually “ranges about $40 per megawatt,” or from four to 4.5 cents per kilowatt.

Commissioners also:

* Noted the absence of Commissioner Twila White.

* Witnessed oaths of office for Commissioners Dan Brenner and Mike Meerpohl, both of whom were elected to new three-year terms in a municipal election held earlier this month.

* Named Commissioner Robert Dieckmann to serve his fourth year as mayor. Dieckmann, currently in the final year of his third three-year commission term, said this year would be his last as mayor and that he did not plan to seek re-election to his commission seat.

* Approved minutes from the April 4 commission meeting and budget appropriations made since that meeting.

* Tabled action on a city zoning amendment for Lots 10 and 11 at the Holton Industrial Park to allow storage of bulk oil, gas and explosives. Bauer said property owners in the industrial park did not object to the amendment, but the amendment needed to be tabled because B&P Propane, which is looking to buy the two lots, had not yet given the city written consent from at least 65 percent of the park’s property owners, as the city’s Industrial Park Declaration requires.

* Approved an ordinance allowing a zoning amendment for the placement of a medical clinic at 2007 Frontage Road in the industrial park. Holton physician Vance Lassey, who plans to open the medical clinic, had provided the city with written consent from at least 65 percent of industrial park property owners for the placement of a clinic there, prompting the commission to approve the ordinance.

* Approved a bid of $1,460 from Brahma Excavating of Holton for demolition and removal of a dilapidated structure located at 604 New York Ave. and owned by Virginia L. Purvis. Haug Construction of Holton also submitted a bid of $6,500 for the work.

* Approved renewal of a retail liquor license for Jerome’s Liquor Store.

* Approved a cereal malt beverage license for the new Walmart, which will open sometime this summer.

* Noted that the planned activation on Monday of a traffic signal at the intersection of U.S. Highway 75 and Banner Road was postponed due to an equipment malfunction. Bauer said the signal, located near the new Walmart, will be activated when a replacement part for the signal is installed. The sign was activated before noon Tuesday.

* Heard a question from Meerpohl regarding a condemned house located at 1003 Kansas Ave. and owned by John Zibell. Bauer said Zibell has been working to salvage parts of the house before having it demolished and removed.

* Heard a comment from Brenner that he had been contacted by the Uncork Kansas campaign, which is trying to get Kansas law changed to allow the sale of package liquor, wine and strong beer at grocery and convenience stores. Brenner said Uncork’s proposal “may be on the horizon again” and if so, it will affect cities that issue liquor licenses.

* Heard a question from Meerpohl regarding removal of vultures from the south part of the city. Bauer said city staff would check with the Kansas Department of Wildlife, Parks and Tourism to see what could be done within the city limits.

* Met in executive session for 10 minutes to discuss non-elected personnel matters with Bauer, Riley and Assistant City Manager Kerwin McKee present. After returning to executive session, the commission accepted Bauer’s resignation, effective June 16 (see related story).

* Adjourned the meeting at 7:45 p.m.