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Ellis city council deals with animal issues

ellis city logoELLIS–City authorities dealt with several animal issues during the Sept. 21 Ellis city council meeting. A proposed dog park, a proposed ordinance requiring pet owners to register their cats, a skunk problem at the golf course, and the outcome of the dangerous dog trial.

Prior to the regular meeting, a public hearing was held on the Community Development Block Grant street project application. The streets set for rehabilitation under the grant include Dorrance Street (from 11th St. to 13th St.); Spruce Street (from 10th St. to Good Samaritan Drive); and Cottonwood Street (from 10th St. to 12th St.).

The complete meeting minutes follow.

ELLIS CITY COUNCIL REGULAR MEETING MINUTES September 21, 2015

PUBLIC HEARING ON COMMUNITY DEVELOPMENT BLOCK GRANT STREET PROJECT
Council member John Walz moved and Council member Jolene Niernberger seconded a motion to enter into the Public Hearing at 7:10 p.m. The motion carried 4-0, with Council members Walz, Niernberger, Gary Luea and Bob Redger voting in favor of the motion. Mayor David McDaniel stated the purpose of the Public Hearing was to gather input from the public on the Community Development Block Grant street project. Corina Cox, Northwest Kansas Planning and Development, stated the City is required to hold the Public Hearing as part of the grant application. The deadline for the grant application is November 2nd, and the City will be notified in late January if awarded any grant monies. The streets set for rehabilitation under the grant include Dorrance Street (from 11th St. to 13th St.); Spruce Street (from 10th St. to Good Samaritan Drive); and Cottonwood Street (from 10th St. to 12th St.). The entire project is estimated to cost $813,459, with the grant providing $400,000 of that cost. Ms. Cox reviewed the rating criteria the State uses in awarding CDBG grant applications. The CDBG is a competitive grant and not all grant applications are funded. If the City is not funded this cycle it may re-submit the same project next year, but then if not funded again, the City must wait an additional three years before re-submitting the same project for grant funding. There being no comments from the public, Council member Bob Redger moved and Council member Gary Luea seconded a motion to close the public hearing at 7:27 p.m. The motion carried 4-0.
CALL TO ORDER
Mayor David McDaniel called the meeting to order at 7:30 p.m. Present were Council members 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, and City Attorney Olavee Raub. Council member Holly Aschenbrenner was absent.
PLEDGE OF ALLEGIANCE
AMENDMENTS TO AGENDA
None
PUBLIC PRESENT
Buck Driggs, Corina Cox, Kellie Begler, Cheryl Kinderknecht, Lyle Johnston, Chad Sproul, and Glen Keller.
CONSENT AGENDA
Council member John Walz moved to approve the consent agenda containing the Minutes from the Regular Meeting on September 14, 2015 and Bills Ordinance #1981. Council member Heather Luea seconded the motion. The Council approved the consent agenda unanimously.
PUBLIC COMMENTS
Kellie Begler urged Council to consider building a dog park, and she presented a petition with names of residents in support of the project. Ms. Begler is exploring grant opportunities to help fund the project and also plans to hold annual fundraisers to help pay for the upkeep. Volunteers would provide maintenance for the park. Ms. Begler suggested several possible locations around town to build the park.

PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
None
SPECIAL ORDER
Streets: Grant
Buck Driggs, Driggs Design Group, reviewed the Project Budget Form with the estimated cost of rehabilitating each location. Corina Cox, Northwest Kansas Planning and Development, reviewed the documents required for submission with the grant application. Proposed Resolution No. 514 certifies the City is a legal entity and dedicates the $413,859 in City funds toward the grant project. The resolution also authorizes the Mayor to sign any forms related to the grant application. Proposed Resolution No. 515 assures the Kansas Department of Commerce that the City will provide sufficient funds each year for the continued operation and maintenance of the City’s streets. Ms. Cox then reviewed the proposed Administrative Consulting Agreement between the City and NWKP&D. The agreement details the services that will be provided to the City for administering the grant. The agreement is contingent upon the City being awarded CDBG funds. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve Resolution No. 514, Resolution No. 515 and the Agreement for Administrative Consulting Services with Northwest Kansas Planning and Development for administering the CDBG grant. The motion carried 5-0.
UNFINISHED BUSINESS
General Government: City Code
City Attorney Olavee Raub reported that she contacted the League of Kansas Municipalities regarding options on how the Ellis Golf Club could eliminate their skunk problem. The League referred her to Kansas Department of Wildlife, Parks & Tourism. KDWPT stated the best course of action would be for the Golf Club to hire someone with a Nuisance Animal Damage Control Permit to rid the course of the pests. Council member Bob Redger noted he has had several phone calls from citizens stating they are not in favor of the Golf Club discharging firearms in the area. Ms. Raub and Police Chief Taft Yates explained the City cannot override State Statutes which states no discharge of firearms is allowed in the City limits, which includes pellet guns and BB guns. KDWPT also noted trapping of the skunks would be deemed illegal. City Clerk Amy Burton provided Chad Sproul, representing the Ellis Golf Club, with a list of the NADC permit holders in the area, as compiled by the State.
General Government: City Code
Council discussed a proposed ordinance requiring pet owners to register their cats with the City, in hopes of helping identify the feral cats in the City from the pet cats. Ms. Raub noted the City already has an ordinance prohibiting animals from running at large. Any cat impounded would need to be taken to Hays, as the cats would not be allowed to be housed at the dog pound. If not claimed, the City would be responsible for paying the $35 impound fee. After further discussion, the majority of the Council members felt the proposed ordinance would not produce the results desired. Council decided not to take any action on the proposed ordinance.
Public Works: Violation Notices
At Council’s request, City Clerk Amy Burton presented the various violation notices issued to residents for numerous items. Much of the wording contained in the notices follows the wording in the City Code sections. Council suggested minor modifications in two of the notices. Ms. Burton will make the modifications.

NEW BUSINESS
Parks: Event Request
Council member Gary Luea moved and Council member John Walz seconded a motion to approve the Public Property Permit Application and Event Request for Traffic Control from the USD 388 STUCO for the use of Memorial Park for a pep rally and the approval of the parade route in conjunction with the annual homecoming activities. The motion carried 5-0.
General Government: City Code
Council member John Walz moved to approve Ordinance No. 1390 updating the floodplain management provisions for the City. Council member Jolene Niernberger seconded the motion. Upon a call for further discussion, City Clerk Amy Burton explained the revisions as directed by Steve Samuelson, Kansas Division of Water Resources. Once Ms. Burton made the modifications, the Ordinance was sent back to Mr. Samuelson for review, who then also forwarded the Ordinance to Dave Barfield, Chief Engineer for the Kansas Division of Water Resources. The Ordinance is stamped with the Division’s approval. The Ordinance must be sent to FEMA by October 1st to be in compliance with the Community Rating System program for floodplain management. Upon a call for the vote, the motion carried 5-0.
Special Highway: Repair/Maintenance
Public Works Director Alan Scheuerman presented a bid from Straight-Line Striping to stripe Cedar Lane. Two bids were solicited; however, only one bid was received. Mr. Scheuerman feels the one bid received is reasonable. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve the bid from Straight-Line Striping in the amount of $1,000 to stripe Cedar Lane, with funds to come from the Special Highway fund. The motion carried 5-0.
Municipal Court: Contract
Due to the increased volume of cases heard in Ellis Municipal Court, Municipal Judge Ross Wichman has decided to hold municipal court twice per month, rather than just once per month. City Attorney Olavee Raub stated that at just one court date per month, the dockets average 20-30 cases. In addition, the cases can easily be drawn out with having to wait four weeks for the next hearing or trial date. With that, Judge Wichman has requested a corresponding increase in his monthly fee, from $150 per month to $400 per month. Council member Jolene Niernberger moved and Council member Heather Luea seconded a motion to approve the request of compensation for Municipal Judge Ross Wichman of $400 per month effective October 1, 2015. The motion carried 5-0, with Council member Bob Redger abstained due to a perceived conflict of interest.
Special Machinery: Acquisition
Police Chief Taft Yates presented bids from Lewis Ford and Marmie Motors for a new patrol car. Chief Yates is looking to replace the 2012 Dodge Charger with a 2015 Ford Taurus. Marmie Motors indicated they may not be able to still get the 2015 model, but quoted the vehicle at $24,669 less trade-in of $6,000, for a net purchase price of $18,669. Lewis Ford quoted the vehicle at $24,535 less trade-in of $10,500, for a net purchase price of $14,035. Both quotes reflect the fleet government rate. In recent months, the Charger has been in the shop for numerous repairs including the motor, alternator, water pump, radiator, and a second set of struts. The vehicle was budgeted to be replaced in 2015 at a cost of $43,000 fully equipped. In review of the accessory equipment quote, Council member Gary Luea questioned the price on some of the equipment and inquired of obtaining local bids for the equipment and installation. Council member John Walz moved and Council member Heather Luea seconded a motion to accept the bid from Lewis Ford for a 2015 Ford Taurus Police Interceptor at a net price of $14,035, including trade-in of the 2012 Dodge Charger, with funds to come from the Special Machinery fund. The motion carried 4-1, with Council member Gary Luea opposed.
Council member John Walz moved to approve the quote from Ka-Comm, Inc. for vehicle equipment and installation in the amount of $9,761.40, with funds to come out of the Special Machinery Fund. Council member Jolene Niernberger seconded the motion. Chief Yates noted certain items will transfer from the Dodge Charger to the Ford Taurus, including the light bar, the gun racks and the cage. The motion carried 4-1, with Council member Gary Luea opposed.
Council member John Walz then moved to approve the quote from L.A.W.S. for the graphics package for the new patrol car in the amount of $1,310, and the quote from D&B Body Shop for the installation of the graphics in the amount of $1,500, with funds to come out of Special Machinery Fund. Council member Jolene Niernberger seconded the motion. The motion carried 4-1, with Council member Gary Luea opposed.
REPORTS FROM CITY OFFICIALS
Public Works
Water: Repair/Maintenance
Public Works Director Alan Scheuerman presented the current well levels and average water use.
Sargeant Drilling is currently installing the piping for the transducers. Don’s Electric reported the components for the transducers have not arrived yet, but should arrive and be installed in the next 2-3 weeks.
Mr. Scheuerman reported the Department has been turning the water valves and documenting the locations and condition of the valves. Approximately 60-65% of the valves have been tested. Mr. Scheuerman believes the valves have not been tested in 12-15 years.
Water: Training
Mr. Scheuerman would like to attend two conferences on the future of water in Kansas. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to allow Mr. Scheuerman to attend the water meetings in Salina in October and Manhattan in November. The motion carried 5-0.
Sanitation: Special Project
Mr. Scheuerman reported the last grass pickup will be October 12th and the City-Wide Cleanup is scheduled for October 19th.
The Stockton inmates will be in town next week to help trim trees at the Cemetery.
Public Works: Training
Mr. Scheuerman reported on his progress in the online training program to become a certified building inspector. The modules are set up as a 2-year program. Council instructed Mr. Scheuerman to complete the modules in between his daily work; however, they encouraged him to set personal goals of completing certain modules in a particular time frame.
Campground: Special Project
Council discussed the completion of the dock at Big Creek. Mr. Scheuerman is going to check with the Kansas Department of Wildlife, Parks & Tourism regarding possible grants to help complete the project. Reconstruction of the dock is a joint project between the City and Rotary.
Mr. Scheuerman then inquired about interest in expanding the campground. The project has been discussed off and on for several years. If interested, Mr. Scheuerman would like to get some trees planted. Council directed Mr. Scheuerman to get cost estimates on extending the water and electric lines. Council also discussed the possibility of installing individual sewer drops to the expansion sites.

Mr. Scheuerman reported the Department will return to regular hours the week of September 28th.
Police
Police Chief Taft Yates reported on upcoming training for his Department.
City Clerk
The annual flu shot clinic will be held September 28th from 8:00 – 9:00 a.m. at the Knights of Columbus Hall.
City Clerk: Training
City Clerk Amy Burton requested approval to attend the Municipal Clerks Certification Institute in November. This will be her final year to attend Institute and she will graduate at the banquet ceremony. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve Ms. Burton’s attendance at the Clerk’s Institute in November in Wichita. The motion carried 5-0.
Ms. Burton reported she will be applying for a scholarship to attend the IIMC National Conference in Omaha in May 2016.
Ms. Burton reminded Council of the League of Kansas Municipalities annual conference October 10th – 12th and the League Regional Supper on October 21st in Goodland.
Tourism: Repair/Maintenance
At the last Council meeting, Council inquired about replacement costs of the vinyl on each of the City’s billboard panels. Ms. Burton presented pricing for each of the boards and also reviewed with Council the last vinyl replacement of each board.
Parks: Committee
Ms. Burton reported the Safety Committee performed inspections of the playground equipment at Playworld and Chrysler Parks and made several recommendations to increase safety for the patrons at the parks.
Attorney
City Attorney Olavee Raub provided an update on the dangerous dog trial held September 18th. The defendant failed to appear and was found guilty of all charges. The defendant has 5 days from the date of being served to pay the impound costs and fines in order to retain possession of the dogs. However, the dogs are not allowed to live within the City limits. If not paid in 5 days, the dogs will be destroyed. If the dogs are moved to another City, Ms. Raub will notify that community of the demeanor of the dogs while in Ellis.
Mayor/Council
Council member Gary Luea questioned the difference between a car dealership and a junk yard. Ms. Raub explained that a dealership usually has operational vehicles and any junk accumulation would revert to the zoning code, under which the owner could be cited.
Council member Bob Redger inquired on the zoning classification of the Old Power Plant. Ms. Raub stated that the City consultants applied existing zoning codes when updating the classifications. Utilities may be maintained in a residential classification.
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 9:44 p.m.

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