ELLIS–Non-compliant decorations and monument placement in Mount Hope cemetery were discussed by the Ellis City Council during their Oct. 5 meeting. Council members directed the cemetery committee to further review both issues.
City Clerk Amy Burton announced the city saved an estimated $9,500 between July and September by switching to Freedom Claims Management, Inc. for the city employee health insurance.
The council also accepted the resignation of Assistant Fire Chief David Honas, effective October 7.
The complete Oct. 5 meeting minutes follow.
ELLIS CITY COUNCIL REGULAR MEETING MINUTES October 5, 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, 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, and City Attorney Olavee Raub. Council member Heather Luea was absent.
PLEDGE OF ALLEGIANCE
AMENDMENTS TO AGENDA
None
PUBLIC PRESENT
Buck Driggs, Terri Fischer, John LaShell, Janice Dinkel, Glen Keller, Sheri Wiesner, Tim Flax, Bob Muirhead, and Tim Kohlrus.
CONSENT AGENDA
Council member John Walz moved to approve the consent agenda containing the Minutes from the Regular Meeting on September 21, 2015, Bills Ordinance #1982, with the exception of the Kart-Man invoice to be considered under New Business, and the August manual journal entries. Council member Holly Aschenbrenner seconded the motion. The Council approved the consent agenda unanimously.
PUBLIC COMMENTS
None
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
Mayor David McDaniel presented Employee Service Awards to Tim Kohlrus, Jr. (10 years) and Jolene Niernberger (5 years).
SPECIAL ORDER
Fire: Special Event
Fire Chief Denis Vine reported the bonfire at the Homecoming festivities had to be cut short due to increasing winds. Several volunteer firemen drove the fire trucks during the Homecoming parade.
Volunteer firemen will visit the elementary students on Thursday for activities in recognition of Fire Prevention Week.
Fire: Training
The Ellis County Fire Chief’s meeting is Tuesday in Hays. On Friday, the KU Fire Search and Rescue Unit will provide entry level training for area firemen. The District 5 Fire meeting will be held in WaKeeney October 27th.
Personnel: Exit
Mayor David McDaniel read a letter of resignation from Assistant Fire Chief David Honas, effective October 7th.
UNFINISHED BUSINESS
Street: Contract
Buck Driggs, Driggs Design Group, presented the contract for engineering services for the 2016 Street Improvement Project. The contract is contingent on the City receiving Community Development Block Grant funds to help fund the project. Mr. Driggs noted that in Exhibit A the project on Cottonwood Street is from 10th to 12th Streets, not 10th to 11th as the exhibit reflects. All three street segments will be bid as one project. Council member Jolene Niernberger moved and Council member John Walz seconded a motion to approve the Agreement for Professional Engineering Services with Driggs Design Group in the amount of $103,468.00 for the 2016 Street Improvement Project. The motion carried 5-0.
Electric: Contract
Tim Flax, Midwest Energy, presented a proposed lease agreement between the City and Midwest Energy for property located on 6th Street north of the existing substation. Midwest Energy would like to construct a 180’ tower on the property to serve as a data hub. City Attorney Olavee Raub reviewed the regulations in the Zoning Ordinance and believes Midwest Energy would need to make application to the Board of Zoning appeals for a zoning variance to construct the tower. Council reviewed the lease agreement and requested adding verbiage about removal of the facility if Midwest Energy ceased operations. Council member John Walz moved to approve the lease agreement with Midwest Energy with the revisions as proposed. Council member Jolene Niernberger seconded the motion. The motion carried 5-0.
Municipal Court: Violation
City Attorney Olavee Raub reported on the dangerous dog case taking place in Ellis Municipal Court. Judge Wichman signed the order Friday, October 2nd instructing the defendant to pay the fines and impound fees within 7 days to have the dogs released. The court order was served on the defendant that same day. If the dogs are released, the defendant must present proof of where the dogs are moving to, as they are not allowed to stay in Ellis.
NEW BUSINESS
Cemetery: Committee
Council member John Walz moved and Council member Bob Redger seconded a motion to appoint Dan Wickham to the vacancy on the Cemetery Committee. The motion carried 5-0.
Cemetery: City Code
Council considered a proposed ordinance amending Ordinance No. 1361 specifying monument placement in Mount Hope Cemetery. Ordinance No. 1361 states monuments shall be placed on the inside edge of the exterior end grave space boundary. The proposed ordinance would allow the Public Works Director discretion to place monuments in line with existing monuments, rather than strictly on the inside edge of the exterior end. The proposed revision would only apply to the existing original cemetery. Monuments placed in the new section would still have to be compliant with Ordinance No. 1361. Although the Ordinance was recommended to Council by unanimous vote of the Cemetery Committee, committee members Terri Fischer and John LaShell expressed dissent with the proposed ordinance to Council. After further discussion, Council member Holly Aschenbrenner suggested the Cemetery Committee further review the proposed ordinance before Council consideration.
Water: License/Permit
The City’s authorization to regulate private domestic wells expires on December 31, 2015. The City’s Water Conservation Plan provides for the City to request authorization to regulate private domestic wells while in Stage 2 or Stage 3 from the Kansas Division of Water Resources. Authorization allows the City to hold private domestic well owners to the same water restrictions as other residents. Council member John Walz moved and Council member Bob Redger seconded a motion to authorize Mayor McDaniel to sign the letter to the Chief Engineer of the Kansas Division of Water Resources requesting an extension of the City’s authority to restrict domestic water wells. The motion carried 4-1, with Council member Holly Aschenbrenner opposed.
Sanitation: Acquisition
Council member John Walz moved and Council member Gary Luea seconded a motion to ratify the invoice from Kart-Man, LLC in the amount of $1,063.49 with funds to come from the Sanitation Fund. The motion carried 5-0.
Special Machinery: Acquisition
Public Works Director Alan Scheuerman presented a single axle truck for consideration. The truck is located in Minnesota and has 106,000 miles on it. The listed price is $26,900, but the seller is offering the truck for $25,700 plus $950 freight. No warranty is offered. The Council budgeted $40,000 for this purchase in 2015, and Mr. Scheuerman would like to put the remaining funds toward the purchase of a tandem axle truck budgeted for purchase in 2016. Council member John Walz moved to purchase the 2000 Sterling L7500 from Zimmerman Truck Sales in the amount of $26,650 with funds to come from the Special Machinery Fund. Council member Jolene Niernberger seconded the motion. The motion carried 4-1, with Council member Holly Aschenbrenner opposed.
REPORTS FROM CITY OFFICIALS
Public Works:
Water
Public Works Director Alan Scheuerman presented the Comparative Water Reports for the periods July 10th – August 10th and August 10th – September 10th.
Mr. Scheuerman attended the Smoky Hill-Saline Regional Planning meeting where the committee adopted long-term water supply goals for the region. The first action item is to reduce the sediment and total suspended solids (TSS) concentrations within the lakes and streams within the Smoky Hill-Saline Planning region.
Streets: Special Project
Council reviewed the letter to be presented to the Ellis County Commissioners thanking them for allowing the Ellis County Public Works Department to assist the City with the annual chip seal project.
Mr. Scheuerman reported the City is in the process of obtaining easements from the property owners for the sidewalk/crosswalk project at 18th Street and Monroe. Midwest Energy has verbally agreed to award the City a $1,000 grant to help fund the project. The school district has agreed to remove the snow from the sidewalks as needed.
A portion of the street collapsed on 10th Street near Dorrance. The area has experienced water main breaks in the past. Repairs will be made this week.
Campground: Special Project
Council inquired about dredging the creek since it is quickly drying up. In the past, the Army Corps of Engineers frowned upon dredging the creek, but Mr. Scheuerman believes their approach may be changing.
Mr. Scheuerman reported he has received a grant application from the Kansas Department of Wildlife, Parks & Tourism for construction of the dock.
Council instructed Mr. Scheuerman to contact KDWP&T for ideas on maintaining the dam. The size of the dam precludes it from being under the Corp of Engineer’s regulations. The dam has several large cracks and has weeds growing out of it.
Police
Police Chief Taft Yates presented the Monthly Activity Report for September. The Department had 103 new incidents, including assisting an outside agency in recovery of a stolen vehicle and assisting the Federal Marshals in locating a felony absconder. Officers Moeder and Wechsler completed Taser training and Officer McCollam attended narcotics officer and active shooter training.
Chief Yates also presented the October staff calendar.
Chief Yates received notice from Lewis Ford that by the time the 2015 Ford Taurus was ordered, all of the 2015 models were spoken for. Therefore, Lewis Ford will order the 2016 model at no additional cost to the City or reduction in trade-in value. Delivery may be delayed until January in order to get the new model.
City Clerk
City Clerk Amy Burton reported the City offices will be closed October 22nd to conduct the annual inventory.
Council members are to RSVP to the City office by October 16th if they wish to attend the League of Kansas Municipalities Regional Supper in Goodland.
General Government: Zoning
Greg and Dawn Schmidt have made application to the Planning Commission to have 806 Washington rezoned from General Commercial to Single-Family Residential. The Council must be notified because the City office is within 200’ of the property. The Commission will hold a hearing on the re-zoning application on October 26th at 7:00 p.m.
Personnel: Benefits
City Clerk Amy Burton presented summaries of the savings to the City by switching to Freedom Claims Management, Inc. for the City employee’s health insurance. The City has cumulative estimated savings of $9,519.86 from July to September.
General Government: Financial
Ms. Burton presented the August financial statements consisting of the Statement of Accounts, Treasurer’s Report, and Security Deposit Worksheet.
General Government: Committee
Ms. Burton enclosed the draft minutes from the Cemetery Committee, Planning Commission and Board of Zoning Appeals, and the Safety Committee for Council to review.
Attorney
City Attorney Olavee Raub announced Greg Saindon will be retiring at the end of October. Mr. Saindon served as City Attorney for many years. There will be a retirement party on October 23rd to celebrate Mr. Saindon’s retirement.
Ms. Raub reminded Council she will be absent from the October 19th Council meeting due to training.
Mayor/Council
Mayor David McDaniel is going to visit with the elementary schools about the annual “If I Were Mayor” contest held by the League of Kansas Municipalities. Contest winners are recognized at City Hall Day in Topeka in January 2016.
Mayor David McDaniel and Council members Jolene Niernberger and John Walz will represent the City of Ellis at the League of Kansas Municipalities Annual Conference this weekend in Topeka.
Council member Bob Redger expressed concerns over a notice published in the Ellis Review giving residents until November 1st to remove non-compliant cemetery decorations. Mr. Redger stated he didn’t care how long it takes to mow the cemetery; survivors should be able to memorialize however they choose. City Attorney Olavee Raub stated the notice published follows the language in the City Code, and Ms. Raub was at the Cemetery Committee meeting when the members agreed to publish the Code language. Committee member John LaShell suggested the City hire a part-time employee to take care of just the cemetery. The Cemetery Committee will revisit the growing problem of non-compliant decorations at the next Cemetery Committee meeting.
ADJOURNMENT
Council member Bob Redger moved and Council member Holly Aschenbrenner seconded a motion to adjourn the meeting. The motion carried unanimously. The meeting adjourned at 9:53 p.m.
