ELLIS–Ellis city council members heard an overview of the proposed Street Improvement Project during their Aug. 3 meeting. The project includes reconstruction of Cottonwood Street between 10th and 11th; Dorrance Street between 11th and 13th; and Spruce Street from 10th Street to Good Samaritan Drive. Ellis is applying for a $400,000 Community Development Block Grant to help fund the project.
Bret Andries and other Ellis residents also addressed safety concerns with dogs at large in the vicinity of 11th Street and Cottonwood Street. The dogs, which reportedly have attacked several adults and children, have already been deemed “dangerous” by the Ellis Municipal Court. Council members said they would review the city ordinance for disposition of dogs when they attack humans.
The full meeting minutes follow.
ELLIS CITY COUNCIL REGULAR MEETING MINUTES August 3, 2015
CALL TO ORDER
Mayor David McDaniel called the meeting to order at 7:30 p.m. Present were Council members Holly Aschenbrenner, Gary Luea, Heather Luea, Jolene Niernberger, Bob Redger, and John Walz. Also present were Public Works Director Alan Scheuerman, City Clerk Amy Burton, Police Chief Taft Yates, Fire Chief Denis Vine (arrived at 7:40 p.m.), and City Attorney Olavee Raub.
PLEDGE OF ALLEGIANCE
AMENDMENTS TO AGENDA (if needed)
At the respondent’s request, the Public Hearing on code violation notices will be postponed to the August 17th Council meeting.
PUBLIC PRESENT
Kris Bollig, Dennis Bollig, Bret Andries, Kim Andries, Julie Kohl, Matt Kroeger, Dena Patee, Tracy Kinderknecht, Melvin Kinderknecht, Karen Day, Joe Day, Guy Windholz, Amanda Shannon, Brian Shannon, Juliet Honas, Gilbert Kinderknecht, Janice Dinkel, Glen Keller, Buck Driggs, Jackie Henman, Philip Martin (arrived at 7:40 p.m.), Dave Honas (arrived at 7:55 p.m.), and Perry Henman (arrived at 7:55 p.m.).
CONSENT AGENDA
Council member Jolene Niernberger moved to approve the consent agenda containing the Minutes from the Regular Meeting on July 20, 2015 and Bills Ordinance #1978. Council member Bob Redger seconded the motion. The Council approved the consent agenda unanimously.
PUBLIC COMMENTS
None
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
None
SPECIAL ORDER
Streets: Repair/Maintenance
Buck Driggs, Driggs Design Group, provided an overview of the proposed Street Improvement Project. The scope of the Project includes the reconstruction of Cottonwood Street (10th – 11th Street), Dorrance Street (11th – 13th Street), and Spruce Street (10th Street to Good Samaritan Drive). The Project acts as the second phase to a portion of the area included in the Waterline Improvement Project. The City is seeking a $400,000 Community Development Block Grant to help fund the Street Improvement Project.
General Government: Policy
Bret Andries expressed safety concerns with dogs at large in the vicinity of 11th Street and Cottonwood Street. The dogs have already been deemed “dangerous” by the Ellis Municipal Court and recently attacked his wife, Kim Andries, and her eight daycare kids. Mr. Andries questioned why the City Ordinance regarding dangerous dogs is not being followed. Ordinance No. 1323, Section 4, Subsection (2) provides for disposition of the dogs after a five-day waiting period when a dangerous dog attacks a human. Mr. Andries expressed frustration that the five-day waiting period has expired, yet the dogs remain impounded. Ms. Andries described the incident involving her daycare kids ranging in age from 22 months – seven years old. Several residents voiced concerns regarding the dangerous dogs at issue. The Andries pleaded with Council to strengthen the enforcement and provisions of the dangerous dog ordinance. City Attorney Olavee Raub stated the witness statements she has received are lacking several details expressed at the Council meeting and encouraged those in attendance to file supplemental statements to provide additional information of the incident. Council stated the ordinances will be reviewed.
General Government: Special Project
Guy Windholz and Philip Martin provided information on the Ellis County Courthouse Preservation Committee’s plans to restore and preserve the historical value of the Ellis County Courthouse. The Courthouse will celebrate its 75th anniversary in 2017, and Ellis County will celebrate its 150th anniversary that same year. Several events are planned for the anniversary celebrations.
Fire
Fire Chief Denis Vine reported Ellis County Fire Department and the City of Ellis Fire Department plan to cooperatively train firemen on such items as blood borne pathogens, defensive driving, and various fire scenarios. Chief Vine reminded residents to test their smoke alarms regularly, as he was called out on a kitchen fire right before the Council meeting.
UNFINISHED BUSINESS
Fire: Contract
Chief Vine presented a Memorandum of Understanding between the Ellis County Fire Department, City of Ellis Fire Department, and the City of Victoria Fire Department. The Memorandum provides for the three departments to share equally in the cost of a fire hose tester. City Attorney Olavee Raub has reviewed the agreement with only minor modifications. Council member Bob Redger moved to enter into the Memorandum of Understanding between the Ellis County Fire Department, City of Ellis Fire Department, and the City of Victoria Fire Department for the purchase and use of a fire hose tester. The City’s share for the purchase is $845.33. Council member John Walz seconded the motion. The motion carried 6-0.
General Government: City Code
Council performed the first reading of a proposed ordinance annexing a tract of land into the City of Ellis. The ordinance will be considered for approval at the August 17th Council meeting.
General Government: Policy
Council discussed the Policy on Guidelines for Infrastructure in regards to the installation of water and sewer lines to the proposed annexed property. The property owners have requested a 50% cost share with the City on the installation costs. Public Works Director Alan Scheuerman has received estimates of $8,000 to install an 8” sewer line, and $7,500 to install a 6” water line. Both installations would extend the utility lines to the property line. The property owner would be responsible to extend the utility lines from the property line to the residence. Council member Bob Redger moved to approve a 50% cost share on the installation costs of the water and sewer lines to the annexed property line not to exceed $8,000, with funds to come from the Capital Improvement – Special Projects fund. Council member John Walz seconded the motion. Upon a call for discussion, Council member Gary Luea noted that Midwest Energy requires developers to pay entirely for the cost of extending their utility line, and the City is setting precedence by agreeing to pay 50% of the costs. Upon a call for the vote, the motion carried 4-2, with Council members Heather Luea, Jolene Niernberger, Bob Redger, and John Walz voting in favor of the motion and Council members Holly Aschenbrenner and Gary Luea voting opposed.
Sewer: Repair/Maintenance
City Clerk Amy Burton reviewed an e-mail received from Brian Spano, Wilson & Company. An additional materials quote needs to be considered for the modification of the building for the required wastewater treatment plant upgrade. Council member Gary Luea questioned why no individual prices are listed and feels the project is being handled sloppily. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to accept the quotation from WedgCor Steel Buildings in the amount of $3,728.08 with funds to come from the Sewer Depreciation Fund. The motion carried 4-2, with Council members Heather Luea, Jolene Niernberger, Bob Redger, and John Walz voting in favor of the motion and Council members Holly Aschenbrenner and Gary Luea voting opposed.
Water: City Code
Council considered an ordinance amending Code Section 15-502 establishing water conservation definitions. The proposed ordinance adds back in a provision for newly seeded lawn permits. At the July 6th Council meeting, Council approved an ordinance removing the provision for lawn permits. The regulations for the lawn permits will be established in a separate ordinance. Council member Heather Luea moved and Council member John Walz seconded a motion to approve Ordinance No. 1387 as presented. The motion carried 6-0.
Water: City Code
City Attorney Olavee Raub presented a proposed ordinance establishing the provisions of a watering permit for newly seeded lawns. Residents may apply for a series of three 10-day permits to water newly seeded native grasses only. A receipt verifying the purchase of native grass seed must accompany the permit application. Council member Bob Redger moved and Council member Heather Luea seconded a motion to approve Ordinance No. 1388 as presented. The motion carried 6-0.
Sanitation: Repair/Maintenance
Public Works Director Alan Scheuerman requested ratification of a bill from Ellis Auto Repair for repairs to the fork lift. Council had originally approved $2,200 for the repairs at the May 18, 2015 Council meeting. Council member Gary Luea moved to ratify the invoice to Ellis Auto Repair in the amount of $3,483.20 with funds to come from the Sanitation Fund. Council member Bob Redger seconded the motion. The motion carried 6-0.
NEW BUSINESS
Parks: Event Request
Council member Gary Luea moved and Council member Holly Aschenbrenner seconded a motion to approve the Public Property Permit Application and Event Request for Traffic Control for the 1st Annual Vintage on the Bricks promotion sponsored by the Ellis Chamber of Commerce on September 12, 2015. The motion carried 6-0, with Council member Bob Redger abstained.
Parks: Event Request
Council member Holly Aschenbrenner moved and Council member John Walz seconded a motion to approve the Public Property Permit Application for the use of Creekside Park on August 8th by the P.E.O., Chapter FO organization. The motion carried 6-0.
General Government: Policy
Council member Gary Luea stated he would like to see more bids obtained for services. The Purchasing and Bidding Policy provides for Council discretion on when to obtain bids and the Council does act within that policy.
REPORTS FROM CITY OFFICIALS
Public Works
Personnel: Entry
Public Works Director Alan Scheuerman requested approval to hire Dominique Davis to the Department’s vacant position. Council member John Walz moved and Council member Bob Redger seconded a motion to hire Dominique Davis to the General Public Works Employee 1A position at a probationary wage of $11.88 per hour, effective August 17, 2015. The motion carried 6-0.
Water: Training
Mr. Scheuerman reported that John Leiker, Todd Walker, and Brad Leiker will attend a training seminar in Lawrence on water and wastewater systems.
Council member John Walz moved and Council member Jolene Niernberger seconded a motion to allow Mr. Scheuerman to attend the Kansas Association of Flood Plain Managers conference in Kansas City September 1st – 3rd. The motion carried 6-0.
Streets: Repair/Maintenance
Mr. Scheuerman thanked Ellis County and the City’s employees for their assistance in getting the streets prepared for sealing. Council approved $38,000 for the project and he believes the project will come in under budget.
Mr. Scheuerman reported the Department was able to move the electrical line for the Ellis County Old Highway 40 project at no outside cost to the City.
Council member Gary Luea inquired if the Department could at least patch the 10th Street Bridge. Mr. Scheuerman reported the County has already told the City that is not allowed. However, the County has informed Mr. Scheuerman they are looking at materials to patch the bridge.
Water: Repair/Maintenance
Mr. Scheuerman reported a water leak occurred over the weekend in the 100 block of West 11th Street. Approximately 140,000 gallons of water was lost in the leak.
Police
Police Chief Taft Yates presented the July Monthly Report of Activity and August staff calendar. Chief Yates reported that he and Officer McCollam recently testified in the federal court case involving a suspect arrested last summer for weapons and drugs in Ellis. The suspect was found guilty on two weapons charges and two drug charges. Chief Yates invited Council to National Night Out on August 4th at the Fairgrounds. The event focuses on crime-prevention awareness. Several activities are planned for the evening.
City Clerk
City Clerk Amy Burton presented the final draft of the 2016 budget document. The budget document reflects a decrease in the mill levy of approximately ½ mill. The public hearing on the budget is set for August 10th at 7:00 p.m. Council member Holly Aschenbrenner stated she would be absent for the Budget Hearing, however she is in support of the budget.
The last day for the Swimming Pool to be open is August 10th.
Ms. Burton has been contacted by the Hays Daily News because additional “Experience Ellis” brochures need to be printed. The cost to sponsor the back page is $700 and features different monuments around Ellis. Council suggested minor modifications to the page.
Attorney
Mayor/Council
Mayor David McDaniel reported he recently signed the lease with the Kansas Department of Wildlife and Parks on the Ellis City Lake. The State pays a small grant to the City for maintenance of the lake.
Mayor McDaniel read a letter from the City of Hays regarding an update on the R9 Ranch Development project.
Mayor McDaniel recognized Council member Jolene Niernberger for her involvement in the Foster Grandparent and Senior Companion programs for 30 years.
Council member Gary Luea inquired what entity owns the dam and spillway. Mr. Scheuerman responded the City is responsible for the upkeep and maintenance.
Council member Bob Redger asked if citizens were required to connect to City services. City Attorney Olavee Raub explained that we cannot force residents to accept City services when the penalty for delinquency is to shut services off.
Council member Heather Luea asked if there was a time limit on Special Order items. Citizens speaking at Public Comment are limited to 5 minutes, but there is no time limit under Special Order.
ADJOURNMENT
Council member Bob Redger moved and Council member Heather Luea seconded a motion to adjourn the meeting. The motion carried unanimously. The meeting adjourned at 10:25 p.m.