The Council Grove City Council appointed Stuart Symmonds of Emporia as city attorney and approved several street and infrastructure projects during its regular meeting Tuesday, July 21, at City Hall.
Although consideration of a city attorney appeared later on the published agenda, the council moved the matter to immediately after approval of the agenda because attorney Zachery Strella of McPherson was waiting by video conference.
After explaining his education and his experience, Strella outlined his proposal, which called for a minimum monthly fee of $3,500 for up to 15 hours of work, with additional time billed at $200 per hour. Civil litigation work would be billed at $300 per hour. Travel time would count toward the included hours, with mileage also charged. Strella said he anticipated generally appearing at council meetings by video conference.
Mayor Ryan McDonald had previously appointed Symmonds, whose proposal was to bill the city $300 per hour. Council members discussed the difficulty of comparing an hourly arrangement with Strella’s monthly minimum because the city’s legal workload varies from month to month.
City Administrator Nick Jones said the city’s former attorneys had indicated the city generally required approximately 15 to 20 hours of legal work each month. Councilman Taylor Adams moved to approve Mayor Ryan McDonald’s appointment of Stuart Symmonds as city attorney, with Nathan Adams seconding. The motion failed 3-2, with Jason Booker and Sharon Haun opposed and Stephen McKnight abstaining because he said he lacked enough information to make an informed decision. After further discussion, McKnight moved to approve Symmonds and review the city’s legal expenses in three months. That motion passed 4-2, with Booker and Haun voting no.
The appointment will allow the city to resume municipal court proceedings, which had been delayed while the city was without an attorney.
Jonathan and Tawnie Talib, owners of Jonny V’s BBQ, then asked the council about constructing a shelter over the smokers outside their business. Jonathan Talib said temporary canopies had been damaged by storms and that a permanent structure would protect the smokers while improving the appearance and safety of the area.
The Talibs presented examples ranging from freestanding shelters to an awning attached to the building. City Building Inspector James Masters said an attached structure would require review by the Kansas State Historical Society because the property is within the historic district. The proposal also involves the possible use of a public parking space or other city property.
Council members expressed general support for the concept but did not take action. The Talibs were asked to determine the historical requirements, effect on parking, location of underground utilities and legal requirements for placing a privately owned structure on public property.
They will return with a more developed plan.
The council approved the consent agenda, including minutes from the previous meeting, appropriations and Casey’s application to sell cereal malt beverages.
During public comments, Daniel McCaulley questioned how public- comment time limits are enforced and criticized a former city attorney’s response to him during an earlier meeting. Councilwoman Denise Hartman apologized to Mc-Caulley for that previous exchange.
Jean Leeper asked for a copy of a document connected with the effort to recall McDonald. She was told recall documents are handled through the Morris County clerk’s office and that she could obtain a copy there.
Robb Scott complimented the council members for working through the attorney discussion respectfully and said he hoped the cooperation would continue.
Shelly Dunham presented a written complaint concerning the handling of a Council Grove City Lake ground lease agreement she delivered to Jones on April 24. Dunham said she was told the agreement would be taken to the Morris County Register of Deeds that day, but it was not delivered for recording until July 10.
Dunham said the agreement transferred the property into a trust so it could pass to her children without probate. She said the delay could have created significant legal and financial consequences had something happened to her and her husband before the document was recorded. She requested a written apology and assurances that the city would establish a process to prevent similar delays.
Jones later said he had apologized to Dunham during the evening’s meeting. He said he signed the required affidavit and assumed the document had been handled but failed to verify that it had been completed.
In his department report, Masters said he had completed 154 inspections and received 41 complaints since June 2. He issued 17 grass violations, ordered two properties recut and billed the property owners. He also reported environmental nuisance or property-maintenance cases at three locations.
Masters said at least 23 permits had been entered into the city’s existing spreadsheet, although city employees were still working to ensure all permits had been recorded. He said the city’s new software system should provide more accurate permit records once implemented.
A preliminary final inspection was scheduled at the new Casey’s store at 104 N. Union St., followed by an inspection from the state fire marshal. The store is expected to open Aug. 27, depending upon the arrival of supplies and equipment.
Masters also reported that a lake house at D-35 is complete but is awaiting documents concerning a shared septic system and placement of the system on city commons before a certificate of occupancy can be issued. A lake house at R-20 is nearing a rough-in inspection, and new houses are planned at 206 S. Mission St. and 645 Meadow Drive. Additional lake houses are planned at B-20 and J-14.
During the city administrator’s report, the council reversed its earlier direction to notify the county that it intended to exceed the revenue-neutral rate. Jones said the proposed budget could remain revenue neutral by transferring approximately $118,000 from the city’s 1% salestax reserve into the general fund’s cash reserve.
Jones said the transfer would not increase departmental spending authority but would provide the general fund with an adequate reserve for unexpected expenses. He said Adams Brown CPA staff had reviewed the proposal and had no objection because the money would remain in reserve rather than being used for recurring expenses.
The council unanimously voted not to exceed the revenue-neutral rate.
Jones also reported that Bayer Construction was working on the mill-and-overlay project on U.S. Highway 56 through Council Grove and expected to finish by the end of July, weather permitting. Striping will follow completion of the paving. McDonald asked Jones to determine whether the state would allow white lines to better distinguish parallel-parking areas from traffic lanes along Main Street.
Alex Mettie of Adams Brown CPA presented the city’s 2025 audit. He said the city received an unmodified opinion under the Kansas Municipal Audit and Accounting Guide, the best opinion available under the accounting method used by the city.
The audit identified two material weaknesses. One concerned the limited separation of financial duties because the city has a small accounting staff, which Mettie said is common among small municipalities The second material weakness involved approximately $221,000 in previously unrecorded encumbrances. Jones said about $212,000 of that amount was connected with a FEMA grant for the fire station. The project was approved in 2025, but the reimbursement was not received until May 2026.
Mettie said the city began 2025 with approximately $5.974 million in cash and ended the year with approximately $5.959 million, a decline of about $15,000. He said the city’s overall cash position remained relatively steady. The audit found one budget violation involving the Convention and Visitors Bureau fund, which was created during 2025 without a budget allocation. The fund was included in the 2026 budget, correcting the issue for future audits.
The council approved a $3,421.44 sales-tax grant for the Last Chance Store Museum. Mark Brooks, site administrator for the Kaw Mission and Last Chance Store museums, said the money would provide 220 additional staffing hours from August through Oct. 18.
Brooks said the additional hours would allow the Last Chance Store to maintain a more reliable schedule, including Sunday hours, during the tourism season. He said he administers two state historic sites with staffing and funding comparable to what is normally provided for one site.
The council approved a 14-foot setback variance for a proposed lake house at J-14. Masters said city regulations generally require structures to be 100 feet from the lake’s normal high-water mark. The City Lake Committee recommended the variance after determining the house would not interfere with neighboring lake views.
The council also approved a quitclaim deed involving Lot 6, Block 1 of the Park Subdivision. Jones explained that the existing legal description followed the outline of a building, making title insurance difficult to obtain. The new deed will provide a defined property boundary and allow a pending commercial-property sale to move forward. Council members then considered several additional paving projects proposed by Bayer Construction. They approved approximately $87,000 for asphalt work on two hills at Council Grove City Lake, with funding to come from the lake’s capital improvement fund. The City Lake Association supported using the fund for the work.
The council approved spending up to $20,000 to remove deteriorated asphalt at Greenwood Cemetery and replace it with millings. The money will come from the city’s infrastructure fund.
The council also approved paving the roughest section of Sunset Drive, beginning near the first curve and continuing past Diversicare. The project will cost approximately $79,000 and funding will come from the special highway fund.
Council members discussed reinstating several city committees. McDonald said he believed salestax grant requests could be handled directly by the council because only a few applications are received each year. The council agreed to revisit the Sales Tax Grant Committee after completing the budget process.
McDonald said he would proceed with appointments to the Riverwalk Committee and the committee that helps prioritize blighted structures. The council also approved appointing the mayor and council president to an Office Committee that will work with city staff on administrative matters.
Before the council entered executive session, Dunham asked about washouts and deteriorating road conditions near her property on Waters Edge Loop. Jones said city employees do not routinely inspect every lake road but respond when residents report specific problems. He agreed to have city crews examine the area.
The council entered a 15-minute executive session to discuss Jones’ evaluation. No action was taken after returning to open session.
The council then unanimously approved a $1.50-per-hour merit raise for Jones from money remaining in the amount budgeted for employee raises.
During governing-body comments, council members thanked the public for attending, recognized city employees working in the summer heat and expressed appreciation for the cooperation shown during the meeting. The meeting was then adjourned.