ELLIS — Chickens are in — roosters are out. During their Sept. 2 meeting, Ellis City Council members heard the first reading of the proposed ordinance allowing chickens within the city limits.
The only change from the existing ordinance was to limit the number of chickens to twelve that are allowed to be kept in a fenced enclosure in a backyard. The enclosure must be at least ten feet from property lines.
Keeping roosters in the Ellis city limits remains prohibited.
The ordinance change was unanimously approved.
Council members also passed two ordinances regarding exceptions to the discharge of fireworks and the sale of fireworks within city limits.
The complete meeting minutes follow.
ELLIS CITY COUNCIL REGULAR MEETING Minutes September 2, 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, and John Walz. Also present were Public Works Crew Foreman Dan Wickham, City Clerk Amy Burton, Police Chief Taft Yates, and City Attorney Olavee Raub. Council member Terry Redetzke and Public Works Director Alan Scheuerman were absent.
PLEDGE OF ALLEGIANCE TO THE FLAG
AMENDMENTS TO AGENDA
None
PUBLIC PRESENT
Bret Andries, Janetta Heroneme, Alan Heroneme, Glen Keller, Bob Redger, Joyce McCollam, Chris Krom, Michelle Eberle, Dena Patee, Jim Moeder, Holly Aschenbrenner, Mark Bongartz, Luke Karlin, Avery Smith, Damien Hightower, Brandon Siebert, Kelsey Grey, and Josh Rounkles.
CONSENT AGENDA
Council member Jolene Niernberger moved to approve the consent agenda containing the Minutes from Regular Meeting on August 18, 2014, the Minutes from Special Meeting on August 20, 2014, and Bills Ordinance #1956. Council member Gary Luea seconded the motion. The Council approved the consent agenda unanimously.
PUBLIC COMMENTS
Janetta Heroneme expressed concerns regarding the language included in a violation notice she received. The timelines stated are confusing because the letter was dated August 20th, signed by the Public Works Director on August 21st, certified mailed on August 27th, and received August 28th. Therefore, once received, she only had seven days to comply, rather than 15 days as stated. Ms. Heroneme feels the language included in the letter is threatening, and perhaps the City would receive a better response if spoken language was used rather than written language. She also requests the City clean up their own property if the City is requiring residents to do the same.
Bob Redger agreed with Ms. Heroneme’s sentiments and feels the City should get their own house in order before sending out notices on others. Mr. Redger also expressed concerns over static water levels published in the recent Town Crier newsletter. He disagrees with the method used to calculate the percentage of the water loss and urged the City to provide accurate information to residents.
Holly Aschenbrenner questioned if the meters were read on the 10th of the month, why her father didn’t receive notice of his leak until 8 days later. She suggested having the meter readers keep door knockers in their work trucks to notify residents immediately upon discovering high water use.
Dena Patee reported she recently repaired a leak at her residence and requested an adjustment from the water conservation rate. Council will consider her request later in the meeting. Ms. Patee also requested a check for the City’s pledge of $2,500 for the LED community sign. The Chamber is close to meeting its funding goal for the sign, in part due to being awarded a $5,000 Community Thrift Shop grant.
Michelle Eberle requested consideration from Council for an adjustment from the water conservation rate on her utility bill for a leak at her residence. The leak has been repaired. Council will consider her request later in the meeting.
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
Brandon Siebert and members of the Fort Hays State University Defensive Tactics Team presented Police Chief Taft Yates and Mayor Lyle Johnston each with a plaque expressing thanks for the City’s support of their programs.
SPECIAL ORDER
General Government: Violation
Council began a scheduled hearing requested by Jon Smith and Elizabeth Herrman on a violation notice regarding rental property they own at 107 W. 6th. Neither party was present, therefore the hearing was closed.
General Government: Violation
Council began a scheduled hearing requested by Luke Karlin on a violation notice regarding property he owns at 1018 Washington. Mr. Karlin noted that the property owner of the first floor is not cooperating with cleanup efforts; therefore, he is requesting an extension of time on making repairs to the upper floor of the building. Mr. Karlin inquired what the City’s recourse would be if the first floor property owner doesn’t comply with the violation notice. City Attorney Olavee Raub explained the City can prosecute in municipal court or perform the cleanup and assess the costs to the property tax roll. Council member Dave McDaniel moved to approve an extension of 30 days for Mr. Karlin to correct the environmental code violations noted in the Violation Notice dated August 6, 2014, with the option to request further extension if needed. Council member John Walz seconded the motion. Motion carried 5-0. The hearing was then closed.
UNFINISHED BUSINESS
General Government: Financial
Council took under consideration the Bond Attorney Agreement with Cosgrove, Webb & Oman for the possible refunding of the Series 2006 General Obligation and Revenue Bonds. Upon further discussion, Council directed City Attorney Olavee Raub to contact Rick Ensz with Cooper, Malone, McClain, Inc. to compare the savings structure with that of Central States Capital Markets, LLC. Council member Jolene Niernberger moved and Council member Dave McDaniel seconded a motion to table consideration of the Bond Attorney Agreement and accompanying resolution authorizing the City to refund the revenue bonds until additional information is received from Mr. Ensz. Motion carried unanimously.
Sewer: Special Project
City Attorney Olavee Raub responded to a request from the Ellis Jr. Free Fair Board to dump sewage from two – 2,000 gallon concrete holding tanks into the City’s sewer system. As long as the tanks are in excess of 100’ of the sewer connection, the Fair Board may proceed with their proposal. They must also comply with any regulations from the Kansas Department of Health and Environment. The Fair Board will need to apply for a City permit in which the Public Works Director will need to approve.
General Government: City Code – Fireworks
Council member John Walz moved and Council member Ron Johnson seconded a motion to approve Ordinance No. 1369 establishing exceptions for the discharge of fireworks within the city limits. Motion carried 4-1, with Council member Jolene Niernberger opposed.
Council member Ron Johnson moved and Council member Dave McDaniel seconded a motion to approve Ordinance No. 1370 establishing provisions for the sale of fireworks within the city limits. Motion carried 4-1, with Council member John Walz opposed.
General Government: City Code – Fowl
City Attorney Olavee Raub presented the first reading of the proposed ordinance allowing chickens within the city limits. The proposed ordinance mirrors the existing ordinance with the addition of subpart (e) excepting up to twelve chickens kept in a fenced enclosure in the backyard of the property. The enclosure must be a minimum of ten feet from the rear and side property line. Roosters would still be prohibited. Upon further discussion, Council member Dave McDaniel made the motion to adopt Ordinance No. 1371 providing regulations for the keeping of chickens within the city limits. Council member John Walz seconded the motion. Motion carried unanimously.
General Government: City Code – Zoning
Council member John Walz moved and Council member Ron Johnson seconded a motion to approve Ordinance No. 1372 adopting revisions in the municipal zoning ordinance for the “C-S” highway service district and “C-1” central business district. The ordinance allows the sale of fireworks in commercial districts as a regular use. Upon a call for the vote, the motion carried unanimously.
General Government: City Code – Court Appearance
Council member Ron Johnson moved to approve Ordinance No. 1373 establishing provisions for appearance in municipal court for animal control violations. Council member Dave McDaniel seconded the motion. Motion carried unanimously.
Water Exploration: Special Project
Public Works Crew Foreman Dan Wickham reported that the Department has been informed that no federal funding is available for water exploration. All of the funding appropriated went out of state. Council member Gary Luea has contacted the property owners in Section 23 about possibly drilling test wells, but has not received a response.
General Government: Land Disposal
Mayor Lyle Johnston reported that Luke Karlin and Tom Grubb have met with him regarding the parking lot at 9th & Jefferson Street. They are concerned that the 5” concrete proposed will be too thin for the heavy trucks making deliveries. Any potential business is going to require that the parking lot be tied to the business; therefore Mr. Karlin and Mr. Grubb would like the option to purchase the lot. Council member Ron Johnson moved to rescind the previous motion to pave the parking lot at 9th & Jefferson Street. Council member Gary Luea seconded the motion. Motion carried 5-0.
Council member Ron Johnson moved to advertise for sale by sealed bids for the lot at 9th & Jefferson Street with bids accepted through 5:00 p.m. on October 20, 2014. Council member John Walz seconded the motion. Upon a call for discussion, Council member Gary Luea asked if the City had the right to refuse any or all of the bids received. He also noted that the City employees will have to find a new place to park their vehicles, possibly taking away available spaces from surrounding businesses. Council also discussed the valuation of the lot and if an appraisal should be done on the property. Upon a call for the vote, the motion carried 4-1, with Council member Gary Luea opposed.
NEW BUSINESS
General Government: City Code – Uniform Public Offense Code
Council took under consideration adoption of the Uniform Public Offense Code. Council member John Walz moved and Council member Dave McDaniel seconded a motion to approve Ordinance No. 1374 adopting the 2014 Uniform Public Offense Code by reference. Motion carried unanimously.
General Government: City Code – Standard Traffic Ordinance
Council then took under consideration adoption of the Standard Traffic Ordinance. Council member John Walz moved and Council member Ron Johnson seconded a motion to approve Ordinance No. 1375 adopting the 2014 edition of the Standard Traffic Ordinance by reference. The motion carried 5-0.
General Government: Committee
City Clerk Amy Burton reviewed a letter from the League of Kansas Municipalities providing the City an opportunity to register a voting delegate to represent the City in the affairs of the League. Council member Dave McDaniel moved and Council member Gary Luea seconded a motion to designate John Walz as the voting delegate and Jolene Niernberger as the alternate voting delegate to represent the City of Ellis with the League of Kansas Municipalities. Motion carried 5-0, with Council members John Walz and Jolene Niernberger abstaining.
Special Highway: Repair/Maintenance
Public Works Crew Foreman Dan Wickham requested the consideration of the purchase of curb and gutter metal forms be struck from the agenda, due to the earlier motion to sell the parking lot at 9th & Jefferson Street. The forms were to be used for that project.
Special Highway: Repair/Maintenance
Mr. Wickham requested approval to repair the hydraulic valve assembly on the backhoe. The backhoe is currently out of service and the Department has to use an excavator from M & D, Inc. Council member Gary Luea moved to repair the hydraulic valve assembly on the backhoe at a cost not to exceed $2,000, with funds to come from the Special Highway Fund. Council member John Walz seconded the motion. Motion carried unanimously. Council did request in the future to also provide the cost of replacing versus repairing items.
EXECUTIVE SESSIONS
Mayor Lyle Johnston called for an executive session for personnel matters of non-elected personnel for the purpose of a performance matter. A 15-minute executive session was proposed starting at 9:00 p.m. Mayor Johnston asked for a motion to recess. Council member Jolene Niernberger moved and Council member Dave McDaniel seconded a motion to recess to executive session for personnel matters of non-elected personnel with the City Attorney present. The motion carried 5-0. The Council returned to open session at 9:15 p.m. No action was taken in executive session.
Mayor Johnston called for an executive session for personnel matters of non-elected personnel for the purpose of a performance matter. A 15-minute executive session was proposed starting at 9:16 p.m. Mayor Johnston asked for a motion to recess. Council member Ron Johnson moved and Council member Dave McDaniel seconded a motion to recess to executive session for personnel matters of non-elected personnel with the City Attorney present. The motion carried 5-0. The Council returned to open session at 9:31 p.m. No action was taken in executive session.
Personnel: Discipline
It was the consensus of the Governing Body to reserve this item until after the “Reports from City Officials” portion of the agenda.
REPORTS FROM CITY OFFICIALS
Public Works
Mr. Wickham explained pictures included in the Council packets of the culvert dug on Monroe Street. The Department would like to thank Harold Honas for his assistance in removing the fence on his property to help expedite the project. Ellis County is scheduled to start the 2014 Street Rehabilitation Project on September 8th. A drainage issue has been fixed at 11th and Cottonwood Streets. It was the consensus of Council for the Public Works Department to advertise the water give-away when the pool is drained.
Police
Police Chief Taft Yates presented the monthly activity report for August. All of the officers have attended DUI training and soon all will be certified on drug test kits. Cameron Moeder will start on September 3rd and begin his 8-week field training. Chief Yates presented an updated staff calendar for September that now includes Officer Moeder. The officers will soon be participating in their annual firearm qualifications. The flags at City Hall will be replaced due to damage incurred during recent wind storms.
City Clerk
Special Machinery: Acquisition
City Clerk Amy Burton requested approval to purchase a new computer workstation for the part-time employees to share. The laptop currently in use is outdated and has become unreliable. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to purchase the Dell Optiplex 3020 desktop computer from Thomson Reuters at a cost not to exceed $2,000 with funds to come from the Special Machinery Fund. The motion carried unanimously.
Water: Acctg/Billing
Council member Ron Johnson moved and Council member Gary Luea seconded a motion to approve the utility bill adjustments for Dena Patee and Michelle Eberle, as requested earlier under “Public Comments.” Motion carried 5-0. Council inquired about the Clerk’s office approving utility bill adjustments instead of Council. The current policy states Council must approve any adjustment; however, the policy is in the process of being updated and that provision will be included.
General Government: Training
Ms. Burton informed Council of an LKM Power of Leadership seminar on September 12, 2014 in Salina, and the League’s Annual Conference from October 11-13th in Wichita.
Attorney
City Attorney Olavee Raub reviewed the letter sent to IdeaTek requesting completion of the utility line work in the area. Public Works Director Alan Scheuerman has confirmed the work has been completed.
Mayor/Council
Mayor Johnston would again like to thank Harold Honas on behalf of the City for his help in cleaning out the ditches on Monroe Street. He also inquired of Council’s interest in holding a City committee appreciation event. Many committee members have served for many years without pay and the City would like to show its appreciation for their service. It was the consensus of Council to move forward with the event.
Council member Jolene Niernberger presented the 2014 Annual Report for the Senior Companion/Foster Grandparents programs. She also recently attended an Economic Development seminar. There were some good ideas presented on providing incentives to new businesses, but most of the presentation focused on larger communities.
EXECUTIVE SESSIONS
Mayor Lyle Johnston called for an executive session for personnel matters of non-elected personnel to discuss acts of a City employee. A 30-minute executive session was proposed starting at 10:05 p.m. Mayor Johnston asked for a motion to recess. Council member Ron Johnson moved and Council member Dave McDaniel seconded a motion to recess to executive session for personnel matters of non-elected personnel with the City Attorney and Jon Geiger present. The motion carried 5-0. The Council returned to open session at 10:35 p.m. No action was taken in executive session.
Mayor Johnston called for an executive session for personnel matters of non-elected personnel to discuss acts of a City employee. A 15-minute executive session was proposed starting at 10:36 p.m. Mayor Johnston asked for a motion to recess. Council member Ron Johnson moved and Council member John Walz seconded a motion to recess to executive session for personnel matters of non-elected personnel with the City Attorney present. The motion carried 5-0. The Council returned to open session at 10:51 p.m. No action was taken in executive session.
Employee: Discipline
Council member Ron Johnson moved to suspend Officer Jon Geiger with pay pending the outcome of an internal investigation and to authorize Mayor Johnston to complete the necessary disciplinary form. Council member John Walz seconded the motion. The motion carried 5-0.
ADJOURNMENT
Council member Dave McDaniel moved to adjourn the meeting. Council member Ron Johnson seconded the motion. The motion carried unanimously. The meeting adjourned at 10:55 p.m.