ELLIS — It was recently brought to the attention of Ellis City Council members that some residents are keeping chickens on their property.

Chickens and other fowl are prohibited within Ellis city limits by city code.

During their Aug. 4 meeting, council members decided to insert a reminder about the fowl prohibition in the local newspaper and city newsletter.

Violators will be cited beginning Sept. 1.

The search for a new water supply for the city of Ellis continues to move slowly forward.

Council members voted unanimously to accept the low bid of $35,330 from Clarke Well & Equipment, Inc. for test hole drilling. The money will come from the Capital Improvement-Water Exploration fund.

Public Works Director Alan Scheuerman reviewed the locations for test hole drilling that have received “Safe Yield” reports from the Kansas Division of Water Resources.

Following are the complete minutes of the August 4, 2014 meeting.

ELLIS CITY COUNCIL REGULAR MEETING Minutes August 4, 2014

CALL TO ORDER
Mayor Lyle Johnston called the meeting to order at 7:30 p.m. Present were Council members Ron Johnson, Gary Luea, Dave McDaniel, Jolene Niernberger, Terry Redetzke, and John Walz. Also present were Public Works Director Alan Scheuerman, City Clerk Amy Burton, Police Chief Taft Yates, and City Attorney Olavee Raub.
PLEDGE OF ALLEGIANCE TO THE FLAG
AMENDMENTS TO AGENDA
None
PUBLIC PRESENT
Dena Patee, Mark Bongartz, Glen Keller, Luke Karlin, and Chavonne Schmidt (arrived at 7:45 p.m.)
CONSENT AGENDA
Council member Jolene Niernberger moved to approve the consent agenda containing the Minutes from Regular Meeting on July 21, 2014, Bills Ordinance #1954, and April, May, and June manual journal entries. Council member Gary Luea seconded the motion. The Council approved the consent agenda unanimously.
PUBLIC COMMENTS
Mark Bongartz cautioned Council against revising the fireworks ordinances to not allow the sale or discharge of fireworks when the City has declared a Stage 3 Water Emergency. This year, the Fire Chief said conditions were favorable for fireworks even though the City was in Stage 3. To add the provision that the sale and discharge of fireworks would not be allowed if the City was in Stage 3 would again restrict the Council to the ordinance.
Luke Karlin inquired of the specific code violations cited against a property he owns downtown. City Attorney Olavee Raub stated it was not appropriate to discuss specific violations in an open meeting; however, Mr. Karlin could contact the Clerk’s office for the information. The employee that processes the violation notices has been on vacation, therefore the notice will be sent out upon her return.
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
None
SPECIAL ORDER
UNFINISHED BUSINESS
Tourism: Special Project
Dena Patee, Ellis Chamber of Commerce, requested approval to place the proposed new community sign on City property. The sign will replace the current marquee south of the Railroad Museum. Public Works Director Alan Scheuerman noted that the Chamber will need to obtain a sign permit and also adhere to the height and width code regulations. City Attorney Olavee Raub informed Council that an easement will need to be put in place for the purpose of placing the sign. Council member John Walz moved to allow placement of the community sign contingent on the sign being funded for purchase, and for City Attorney Olavee Raub to prepare a revocable easement for such purpose. Council member Ron Johnson seconded the motion. The motion carried unanimously.
General Government: Financial
Council took under consideration an engagement contract with Central States Capital Markets for reviewing the feasibility of refunding the 2006 General Obligation and Revenue bonds. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve the engagement contract with Central States Capital Markets. Upon a call for further discussion, Council member Ron Johnson questioned if the Council should look at other companies for refunding services. City Attorney Olavee Raub noted the City could contact other companies if desired; the interest rates will be comparable, the biggest difference will be in the fees to be charged for services. The engagement contract for Central States reflects an underwriting fee of one and one-half percent (1.50%), which Ms. Raub believes to be industry standard. Upon a call for the vote the motion passed 4-3, with Council members Dave McDaniel, Jolene Niernberger and John Walz voting for the motion, and Council members Ron Johnson, Gary Luea, and Terry Redetzke voting opposed. Mayor Lyle Johnston broke the tie by voting in favor of the motion.
General Government: Land Disposal
Public Works Director Alan Scheuerman presented cost options, as bid by APAC, for development of the lot at 9th and Jefferson St. It was Council’s understanding that the City would perform the labor, yet labor was included in the cost options quoted from APAC. Council again discussed whether to keep or sell the lot, and if additional parking was needed regardless if a new business was brought in. Council member Ron Johnson moved to sell the lot at 9th and Jefferson Streets to the highest bidder. Council member John Walz seconded the motion. The motion failed 2-4, with Council members Ron Johnson and John Walz voting for the motion and Council members Gary Luea, Dave McDaniel, Jolene Niernberger, and Terry Redetzke voting opposed. Council directed Mr. Scheuerman to obtain materials-only quotes on crushed concrete for the next meeting.
General Government: City Code
Council took into consideration a sample ordinance allowing fowl in the City limits. The ordinance could limit the number of fowl allowed and also prohibit certain types of fowl, if Council so chooses. Council questioned why the current ordinance wasn’t being enforced by the Police Department, as several residences are known to keep chickens. Council member Ron Johnson moved to not make any changes to the current ordinance prohibiting fowl in the City limits. Council member Dave McDaniel seconded the motion. City Attorney Olavee Raub noted that a motion is not needed to maintain status quo; therefore, Mr. Johnson and Mr. McDaniel rescinded their motion and second, respectively. Council directed City Clerk Amy Burton to put a reminder in the Ellis Review and the Town Crier newsletter that fowl is prohibited in the City limits and that violators will be cited beginning September 1, 2014.
General Government: City Code
Council discussed Mr. Bongartz’s comments regarding not including a provision in the revised fireworks ordinances that fireworks would be prohibited if the City was in a Stage 3 Water Emergency. Council was concerned a mixed message would be sent if fireworks were allowed, yet residents would be prohibited from watering their lawns. City Attorney
Olavee Raub noted that the current City ordinances are opposite from the League of Kansas Municipalities sample ordinances: the City’s current ordinance prohibits the discharge of fireworks until allowed by resolution; the League’s sample ordinance allows fireworks until prohibited by resolution. Ms. Raub will draft sample ordinances following the League’s verbiage for the next meeting.
Water Exploration: Special Project
Public Works Director Alan Scheuerman reviewed with the Governing Body the locations for test hole drilling that Brad Vincent has received “Safe Yield” reports on from the Kansas Division of Water Resources. Mr. Scheuerman will confirm with Mr. Vincent that he has been in contact with Bob Symns as well, as Mr. Symns has offered water rights to the City for water exploration.
NEW BUSINESS
Parks: Event Request
Council member John Walz moved to approve the Public Property Permit Application from PEO for the use of Creekside Park on August 9, 2014. Council member Ron Johnson seconded the motion. Motion carried unanimously.
Parks: Event Request
Council Member Ron Johnson moved and Council member Dave McDaniel seconded a motion to approve the Public Property Permit Application and Noise Permit Application for the use of Creekside Park for the Ellis Recreation Commission’s Back-2-School Bash on August 8, 2014. Motion carried unanimously.
General Government: Event Request
Council member Ron Johnson moved and Council member John Walz seconded a motion to approve the Noise Permit Application for the Ellis Golf Club for an event to be held at the Club on August 16, 2014. Motion carried unanimously.
General Government: City Code – Credit Card Authorization
City Clerk Amy Burton presented a resolution authorizing City employees to utilize the City credit card for necessary expenditures. The resolution has been updated for changes in staffing. Council member John Walz moved and Council member Terry Redetzke seconded a motion to approve Resolution #502 authorizing current employees to use the City credit card, with modification of the date of passage. Motion carried unanimously.
Water Exploration: Special Project
Council took into consideration bids from Clarke Well & Equipment, Inc. and Layne Christensen for test hole drilling. The City never received the third bid expected and it is Mr. Vincent’s recommendation to proceed with consideration of the two bids. Council member John Walz moved and Council member Ron Johnson seconded a motion to accept the low bid from Clarke Well & Equipment, Inc. in the amount of $35,330.00 with funds to come out of Capital Improvement – Water Exploration fund. Motion carried unanimously.
General Government: Special Project
Council member Gary Luea inquired of when IdeaTek and Amerine Construction plan to fill the holes dug on resident’s property along Spruce Street due to utility line work. Public Works Director Alan Scheuerman has tried to contact both companies with no response. City Attorney Olavee Raub will send a letter to both IdeaTek and Amerine Construction inquiring on a completion date for the utility work.
Street: Repair/Maintenance
Public Works Director Alan Scheuerman discussed with Council the need to provide maintenance on the truck route on North Madison Street. The street was not designed to be a truck route and the road has been heavily damaged from the semi-truck traffic. Ideally, installing one lane of concrete following the truck route would ensure the stability of the road over the long term, but the cost of performing that extensive of repair was not budgeted for in 2014. Providing an asphalt overlay would be much less expensive, but would only extend the life of the road for one to two years. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve an asphalt overlay of North Madison Street at a cost not to exceed $15,000 with funds to come from the Special Highway fund. Motion carried unanimously.
REPORTS FROM CITY OFFICIALS
Public Works
Mr. Scheuerman reported that 29 surveys were completed during the Ellis Jr. Free Fair. The surveys asked residents about their level of satisfaction of all departments of the City. The resident surveys will also be distributed with the next quarterly newsletter.
Streets: Repair/Maintenance
Mr. Scheuerman updated Council on street repair work on 8th Street, 6th Street, and 15th Street. On 15th Street from Monroe to Madison, a ditch was cut in to provide drainage for moisture as it is deteriorating the street. The volunteer trees removed from the street right-away will be hauled away this winter. A lay-back curb was also installed on Washington Street from 13th to 15th Streets.
Campground: Special Project
Mr. Scheuerman was informed by the Kansas Department of Wildlife, Parks & Tourism that grants may be available for reconstruction of the boat dock. Leonard Bristow, Kansas Division of Water Resources, is checking to see if the reconstruction may be exempt from obtaining a permit, thus saving the City $500 in fees.
Water: Repair/Maintenance
Mr. Scheuerman informed Council that due to many costly water main breaks and emergency repairs, the Water Utility Fund may not have budget or cash authority to replace the strainers on the wells or to perform perforation tests this year. These items will be revisited closer to year end.
Police
Police Chief Taft Yates presented the August officer calendar and the Monthly Activity Report for July. All officers have successfully completed 5 hours of federal and state mandated biased based training. Chief Yates informed the Governing Body that interviews for the open position will take place on August 8, 2014. Council inquired about the progress on the tire house and installing permanent barricades at the creek.
City Clerk
City Clerk Amy Burton presented the April, May and June Financial Statements. Revenue from the additional County sales tax is lagging from projections and the Utility Funds are currently holding steady. Ms. Burton also presented the final budget draft for publication.
Attorney
Mayor/Council
Mayor Lyle Johnston read a thank you from the Ellis Alumni Association for the City’s support during the 1st Annual Alumni Golf Tournament.
Council member Ron Johnson informed the Governing Body that the Water Advisory Committee will meet August 6th at 6:30 p.m.
Council member John Walz suggested the City look into continuing the 1% additional sales tax when it sunsets in 2016. He would also like for the Council to consider implementing an ordinance providing for automatic utility rate increases annually so residents won’t have to incur large rate hikes. Mr. Walz would like to see a notebook put together to document the water exploration process.
ADJOURNMENT
Council member Jolene Niernberger moved and Council member Dave McDaniel seconded a motion to adjourn the meeting. The motion carried unanimously. The meeting adjourned at 10:02 p.m.