ELLIS–Instead of trapping feral cats wandering loose in Ellis, city council members will first consider an new ordinance requiring pet owners to register their cats and provide proof of vaccination. During their Sept. 14 meeting the council directed City Attorney Olavee Raub to draft an ordinance for review at the next meeting.

Ellis Golf Club representative Neil DeWerff asked for help in removing skunks which are destroying the course turf.

The council also approved Ronald Julian as a new volunteer fireman; voted to move ahead with the sidewalk and crosswalk project on South Monroe Street, at a cost not to exceed $3,500; and set Oct. 19 as the fall city-wide cleanup day.

The complete agenda minutes for Sept. 14, 2015, follow.

ELLIS CITY COUNCIL REGULAR MEETING MINUTES September 14, 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 City Clerk Amy Burton, Police Chief Taft Yates, Fire Chief Denis Vine, and City Attorney Olavee Raub. Public Works Director Alan Scheuerman was absent.
PLEDGE OF ALLEGIANCE
AMENDMENTS TO AGENDA
Luke Karlin requested his removal from the agenda under Special Order.
PUBLIC PRESENT
Belinda DeWerff, Neil DeWerff, Dean Gottschalk, Tim Flax, Ron VanEpps, Luke Pechanec, Janice Dinkel, Glen Keller, and Cheryl Kinderknecht.
CONSENT AGENDA
Council member Jolene Niernberger moved to approve the consent agenda containing the Minutes from the Regular Meeting on August 17, 2015, Bills Ordinance #1980, and the July manual journal entries. Council member Bob Redger seconded the motion. The Council approved the consent agenda unanimously.
PUBLIC COMMENTS
Neil DeWerff, representing Ellis Golf Club, informed Council about a problem the golf course is having with skunks. The skunks are destroying the turf and Mr. DeWerff spends several hours a day repairing the damage. The Club has spent several thousand dollars trying to find a solution and nothing has helped. Mr. DeWerff asked for the Council to consider loosening the firearm policy in town so they may eliminate the skunk problem.
Luke Pechanec discussed his application to the Board of Zoning Appeals for a special use permit to sell firearms and ammunition out of his home. The City has two properties within 200’ of his residence; therefore, Mr. Pechanec is asking Council to authorize the Mayor to sign the consent form for his application. Mr. Pechanec has ten years of experience with firearms and is pursuing his Federal Firearm License. The Board of Zoning Appeals does have the ability to approve his special use permit contingent on Mr. Pechanec receiving that license.
Gary Luea spoke on a High Water Consumption Notice he received. He feels the wording in the letter is severe and maybe the City could use kinder wording in the letter. City Clerk Amy Burton will provide examples of the different types of letters at the next meeting for Council to review.
Dean Gottschalk noted his business, DC Services, has also received a High Water Consumption Notice. He feels there is no way the business has used that much water. The meter has been checked and he doesn’t have a leak but his readings still seem high.
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
None
SPECIAL ORDER
Electric: Special Project
Tim Flax, Vice-President of Information Technology with Midwest Energy, spoke to Council on the utility company’s need for a data center hub. They have a proposed site selected on 6th Street north of the existing substation. Midwest Energy would like to construct a 180’ self-supporting telecommunication tower and equipment shed on the proposed site, currently owned by the City. The tower would be constructed outside of the “fall zone” of any residential property; however, Mr. Flax explained the more likely scenario would be for the tower to bend in half due to a storm or tornado. The City’s zoning code would also direct placement of the tower, as well as the Federal Communications Commission. Mr. Flax inquired if the City would consider leasing or selling the land in order for Midwest Energy to construct the tower. The Council would consider leasing the ground rather than selling, and directed Mr. Flax to submit a lease agreement proposal for consideration. Midwest Energy would also need to file application with the Planning Commission/Board of Zoning Appeals for a change in zoning.
Fire: Entry
Fire Chief Denis Vine reported he has found a volunteer fireman to fill the vacancy on the Fire Department. Council member John Walz moved and Council member Holly Aschenbrenner seconded a motion to approve Ronald Julian as a volunteer fireman, effective immediately. The motion carried 6-0.
Fire: Repair/Maintenance
Chief Vine reported the bricks on the north side of the old fire station were coming off due to water getting in. Roofmaster’s Roofing generously donated guttering for the volunteer firemen to install to help with drainage.
Each year, Municipal Emergency Services (MES) performs inspections on the Department’s SCBA air packs. Due to several of the air packs needing repair, the invoice exceeded the $1,000 authorization for a department head. Council member Gary Luea moved and Council member Bob Redger seconded a motion to ratify the invoice from MES in the amount of $1,067 for testing and certifying the air packs. The motion carried 6-0.
Public Works: Special Project
Mayor David McDaniel reported only one bid was received for the swathing of the 19 acres of grass area by the Police Range. The bid was not sealed, as directed; however, since it was the only one received, Council was able to accept the bid of $100 from Steve Homburg to swath the grass area. Mr. Homburg has until September 20, 2015 to remove the grass.
UNFINISHED BUSINESS
General Government: License/Permit
Police Chief Taft Yates has conferred with the Animal Facility Inspector with the Department of Agriculture and the City Attorney about options available to control the feral cat population. The City could loan traps to residents, in which the City would be responsible for taking the captured cat to the animal shelter and pay the $35 impound fee, or the City could rent traps to residents and then the resident would be responsible to take the cat to the animal shelter and pay the impound fee. Chief Yates cautioned that residents that knowingly trap another resident’s cat could be charged criminally. It was the consensus of Council that the City should consider requiring pet owners to register their cats and provide proof of vaccination. City Attorney Olavee Raub will draft an ordinance for review at the next meeting.
Streets: Special Project
City Clerk Amy Burton reported that Public Works Director Alan Scheuerman has applied for a Midwest Energy grant to help fund the sidewalk and crosswalk project on South Monroe Street. He has also contacted Bob Muirhead with Midwest Energy to see if they would have any interest in paying for the cost of the sidewalk on their portion of the property included in the project. Mr. Scheuerman estimates the total project to cost $3,000 – $3,500. The school district has verbally agreed to clear the sidewalks in the winter if the City makes the sidewalk wide enough for their tractor to fit. Council member Jolene Niernberger moved and Council member Gary Luea seconded a motion to proceed with the sidewalk project at a cost not to exceed $3,500 with funds to come from the Special Highway fund. The motion carried 6-0.
Water Exploration: Special Project
City Clerk Amy Burton reported that Brad Vincent with Ground Water Associates, Inc. has requested an extension from the Division of Water Resources for additional time to submit information that the proposed wells will not impair existing water rights. Ms. Burton has received a letter from the Division that the deadline has been extended to November 5, 2015.
NEW BUSINESS
Capital Improvement – Streets: Repair/Maintenance
Ms. Burton presented bids for crack patch material for street repairs. Council member John Walz moved to accept the low bid from PMSI in the amount of $21,240 with funds to come from Capital Improvement – Streets. Council member Jolene Niernberger seconded the motion. The motion carried 6-0.
Personnel: Policy
Ms. Burton presented an updated resolution authorizing City employees to utilize the City credit card for necessary expenditures. The resolution has been updated for the addition of an employee. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve Resolution No. 513 authorizing current employees to use the City credit card. The motion carried 5-1, with Council member Gary Luea opposed.
General Government: Committee
Mayor David McDaniel 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 John Walz moved and Council member Holly Aschenbrenner seconded a motion to elect Jolene Niernberger as the LKM voting delegate. The motion carried 6-0, with Council member Jolene Niernberger abstained. Council member Bob Redger moved and Council member Gary Luea seconded a motion to elect John Walz as the LKM alternate voting delegate. The motion carried 6-0, with Council member John Walz abstained.
General Government: City Code
Council member Bob Redger discussed the Ellis Golf Club’s request to loosen the restrictions on using firearms within city limits. He asked for Council to consider a variance allowing the Club to file a permit with the Police Department to use a shotgun to eliminate the skunk problem. Police Chief Taft Yates and City Attorney Olavee Raub explained the restrictions in place are City ordinances based on State Statutes. Kansas law states it is illegal to spotlight an animal and to discharge a firearm in the city limits, unless under specific circumstances. Ms. Raub will research the statutes to determine if a variance is provided for in the case of nuisance animals. Council member Gary Luea suggested the Club consider hiring a professional trapper as killing the skunks will cause an unpleasant odor in the residential area near the course. Kansas Wildlife and Parks might also be able to provide assistance. Ms. Raub will have more information for the next meeting.
REPORTS FROM CITY OFFICIALS
Public Works
Water
City Clerk Amy Burton presented the Comparative Water Report for the period June 10th to July 10th and the water well levels.
General Government: Land Acquisition
Ms. Burton discussed the need to acquire right-of-way easements for the water and sewer lines for the newly annexed property. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to direct City Attorney Olavee Raub to draft the right-of-way easements for the annexed land on Lakeview Street. Ms. Raub will confer with Alan on the easement distance. Upon a call for the vote, the motion carried 5-1, with Council member Gary Luea opposed.
Streets: Repair/Maintenance
This fall the Public Works Department will build shoulders on Cedar Lane down to Old Highway 40 to help with drainage. Public Works Director Alan Scheuerman will present bids for striping the street at the next meeting.
Sanitation: Special Project
City Clerk Amy Burton reported the last grass route will be ran October 12th. The fall City-Wide Cleanup has been scheduled for October 19th, and summer hours will tentatively end September 21st.
Police
Police Chief Taft Yates presented the Monthly Activity Report for August and the September Staff Calendar. The Department had several major incidents in August, including assisting with a roll-over accident and investigating suspicious activity near the grade school. The Department has conducted training on new and changing laws, firearms, and taser certification.
City Clerk
City Clerk Amy Burton presented the July Financial Statements consisting of the Statement of Accounts, Security Deposit Worksheet and the Treasurer’s Report.
Ms. Burton presented information from eCivis online grant service. The service helps municipalities find grant opportunities at a subscription price of $690 per year for a 3-year subscription period. Ms. Burton received one request for feedback from another City and was told they do not plan to renew. They are in the last year of their subscription period and have yet to receive a grant award through the service. Council decided to not take any action at this time.
General Government: Training
Ms. Burton announced the early registration deadline for the League of Kansas Municipalities Annual Conference held in October is September 25th. Council members Jolene Niernberger, John Walz, and Mayor David McDaniel expressed interest in attending.
General Government: Zoning
The Council discussed the Application for Special Use Permit by Luke Pechanec. Council member Jolene Niernberger moved to authorize the Mayor to sign the consent agreement related to the application for Mr. Pechanec. Council member Bob Redger seconded the motion. The motion carried 6-0. The Board of Zoning Appeals will hold a hearing on Mr. Pechanec’s application on September 28th.
Water: Special Project
Several months ago the Council expressed interest in helping to sponsor a county-wide water calendar that will offer monthly tips on water conservation and the importance of protecting our water source in Ellis County. Council member Gary Luea moved and Council member John Walz seconded a motion to participate as a Silver Sponsor at a donation of $501 with money to come from the Capital Improvement Fund-Special Project fund. The motion carried 6-0.
Sewer: Repair/Maintenance
City Clerk Amy Burton presented an email received from Brian Spano, Wilson & Co., requesting Council to consider approving $180 to WedgCor Steel Buildings to have the roof of the new addition painted white to match the existing building. Council expressed displeasure at the “nickel and diming” on the building and discussed having the City Attorney dispute the additional charge when the engineer requested an identical building. After further discussion Council member Heather Luea moved to approve the building revision to WedgCor Steel Buildings in the amount of $180. Council member Jolene Niernberger seconded the motion. 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.
Tourism: Special Project
Ms. Burton provided the proof of the back page for the Experience Ellis brochure. Council proposed several changes. Ms. Burton will forward the changes onto the publisher.
Tourism: Repair/Maintenance
The Council reviewed a photo of the billboard a mile east of town. The vinyl is coming off and the pictures are faded. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to replace the vinyl of the billboard at a cost of $720 with money to come from Tourism funds. The motion carried 5-1, with Council member Holly Aschenbrenner opposed.
Clerk: Notice
City Clerk Amy Burton informed Council of a letter being distributed in Ellis from HomeServe. The company offers homeowners the opportunity to purchase insurance on their water and sewer lines. Ms. Burton stressed the City is not associated with this company and for homeowners to consider at their own risk.
Water: Billing
Ms. Burton responded to comments made under Public Forum about the wording in the High Water Consumption Notices sent to residents. Much of the wording in City violation notices come from the City Code sections and City Attorney Olavee Raub reviews the initial letter for accuracy before any letters are mailed to residents. Council member Gary Luea questioned the readings of his meter in recent months. Ms. Burton will check on his readings.
Attorney
City Attorney Olavee Raub requested permission to attend the Joint Prosecutor/Law Enforcement Officer Impaired Driving Seminar in Wichita in October. The seminar is free but the City would need to pay for hotel accommodations. Council member John Walz moved and Council member Bob Redger seconded a motion to approve two nights’ hotel accommodations at the conference rate for Ms. Raub to attend the Impaired Driving Seminar on October 19th – 20th. The motion carried 6-0.
Mayor/Council
Sanitation: City Code
Mayor David McDaniel discussed City Code 15-405 regarding tree limbs and brush. The Public Works Department has had several requests over the last month for special pickups on tree limbs. None of the special pickups met City Code on the length of limbs. Mayor McDaniel gave notice that effectively immediately; requests for limb pickups must meet City Code specifications.
Public Works: Training
Mayor McDaniel reported that Public Works Director Alan Scheuerman has started the building inspector certification program as directed by Council. The Council will discuss with Mr. Scheuerman setting a deadline for completion at the next meeting when he returns from vacation.
General Government: Training
Mayor McDaniel attended the Kansas Mayor’s Association meeting on September 12th. The new election procedures were discussed regarding the transition from April to November elections. The City is still able to hold a Special Election in April for the sales tax issue. At the meeting participants held a mock Council meeting. Mayor McDaniel was pleased to report that Ellis is in compliance with aspects of conducting a Council meeting. He encouraged the Council to consider attending the Regional Supper in Goodland on October 21st.
Council
Council member Gary Luea inquired of any updates on the 10th Street bridge.
Council member Holly Aschenbrenner will be absent at the September 21st meeting. However, she asked for the Mayor to follow up on the installation of the transducers and the dock at the campground.
ADJOURNMENT
Council member Bob Redger moved and Council member Gary Luea seconded a motion to adjourn the meeting. The motion carried 6-0. The meeting adjourned at 10:17 p.m.