ELLIS–The Ellis city swimming pool is showing its age.

Leadership students at Fort Hays State University are working with city officials to come up with options for the aging municipal pool and the continuing structural leak.

At the March 6 city council meeting, Public Works Director Alan Scheuerman reported approximately 70 percent of the city’s waterlines are antiquated and should be replaced. Scheuerman recommends the city consider another waterline project. The council directed Scheuerman to draft a priority list of waterlines in most need of replacement and estimated project costs.

The complete meeting minutes follow.

ELLIS CITY COUNCIL REGULAR MEETING Minutes
March 6, 2017

CALL TO ORDER
Mayor David McDaniel called the meeting to order at 7:30 p.m. Present were Council members Bret Andries, Susan Eaton, Jolene Niernberger, Dena Patee, and Bob Redger. 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
Katelyn Neer, Glen Keller, Cheryl Kinderknecht, Gary Luea, and Charlene Weber.
CONSENT AGENDA
Council member Bob Redger moved to approve the consent agenda containing the Minutes from the Regular Meeting on February 20, 2017 and Bills Ordinance #2016. Council member Dena Patee seconded the motion. The Council approved the consent agenda 5-0.
PUBLIC COMMENTS
None
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
None
SPECIAL ORDER
Swimming Pool: Special Project
Katelyn Neer, representing the Fort Hays State University Leadership 310 Team, explained the Team’s semester project of exploring and researching options for the City’s aging municipal pool and the continuing structural leak. The four areas they are researching include (1) a complete reconstruction of the pool; (2) tearing out the existing pool liner to repair the structural cracks, and then replacing with a new pool liner; (3) replacing the pool with splash pads; and (4) completely shutting down the facility.
UNFINISHED BUSINESS
Streets: Repair/Maintenance
Council entered into a lengthy discussion regarding a resident’s request to spread millings on the private drive often referred to as West 14th Street. City Attorney Olavee Raub stated she could not find where the City would be prohibited from competing with private contractors; however, she cautioned Council on setting precedent for others making similar requests. City Clerk Amy Burton reported that prior to the meeting she requested input from other cities on how they handle requests for labor and equipment assistance. All but one city responded they charge the residents for any work performed, and the one other city refuses to compete with private contractors, and simply declines the requests. Ms. Burton also received guidance from League of Kansas Municipalities Staff Attorney Eric Smith who cautioned the City about setting precedent as well, and reminded the City of the Public Purpose Doctrine which states that public dollars should not be spent for private purposes. Since the roadway in question is not platted as a street, the City could be in violation of the Public Purpose Doctrine if the City performs the work free of charge. Council member Dena Patee feels the City should help the five residents that live off of the private drive and added that the driveway is treated as a street and even has a street sign. However, it was noted that the only reason a street sign was placed at the entrance to the drive was due to the U.S. Post Office requiring it for mail delivery. Ms. Patee then questioned the City laying millings on private driveways on Cottonwood Street. Public Works Director Alan Scheuerman responded that the sanitation truck damaged the driveways in those instances and asphalt, not millings, was used to repair what the City damaged. Mr. Scheuerman has since instructed the sanitation truck drivers to no longer enter those properties; the residents must bring their poly carts to the edge of the street. Council member Jolene Niernberger agreed that if the City damaged the property, then the City should fix what it damaged; and concurred with Mr. Scheuerman that perhaps the residents on West 14th should bring their trash poly carts to Dorrance Street to avoid damage to the drive. Ms. Niernberger added that she is concerned about setting precedent for other residents to request the City to repair their private property. Council member Bob Redger questioned why the residents don’t have the contractor who is delivering the millings, just spread them as well. He added that if the City is to spread the millings, then the residents should pay the City to do the work. City Attorney Olavee Raub stated if the City wants to be responsible for maintenance of the drive, then the City should make the drive a platted street. That process would include legal costs, acquiring right-of-ways, and then the costs to add curb and guttering and street material. Those costs could then be charged evenly to the residents through special assessments. Council member Susan Eaton feels the residents should be given the option on if they would like the private drive to be platted as a street, knowing there will be costs involved. Council member Dena Patee moved to direct City Attorney Olavee Raub to send a letter to the affected residents on West 14th to gauge their interest in making the private drive a platted street. Council member Bob Redger seconded the motion. The motion carried 5-0.
Streets: Repair/Maintenance
Ms. Raub reported that she and Mr. Scheuerman met with the property owner at 2013 Walnut St. regarding the ongoing drainage issue in his area. One solution that might offer some relief would be to add a grassy ditch to the east of his property. That would require the City to acquire right-of-ways in order to build the ditch. This option would likely not alleviate the problem completely due to the elevation of the owner’s house in regards to the property to the east. Council inquired on who would be responsible for the costs to build the ditch. Ms. Raub explained that normally the developer and/or the property owner would be responsible to ensure adequate drainage; however, the City’s infrastructure policy would allow the City to contribute up to 30% of the costs. Another issue with building the ditch is that the water still has to be directed somewhere, as there is no storm drain in the area. Having the water directed to the east or the north could hinder future development. Ms. Raub stressed building the ditch would only be a band-aid, and that installing a storm drain would be the only real solution to alleviating the drainage issue on South Walnut Street. Mr. Scheuerman added that the house should have been built approximately 16” higher than it was to ensure proper drainage. Council member Bob Redger asked if the City could cite the developer for not adhering to the standards. Ms. Raub noted the property owner is currently talking with the developer on the issue. Council member Dena Patee moved and Council member Jolene Niernberger seconded a motion to authorize City Attorney Olavee Raub to explore acquiring the necessary easements and right-of-ways to build the ditch on the east side of the property. The motion carried 5-0.
NEW BUSINESS
Special Machinery: Acquisition
Public Works Director Alan Scheuerman presented two bids for a generator that would power City Hall and the Fire Station in the case of a power outage. One of the bids is for a generator powered by natural gas, while the other bid is for a diesel powered generator. The City would need to provide the concrete foundation for the stand. Council member Bob Redger moved to approve the low bid from Don’s Electric & Rewind for a Kohler 38kw natural gas generator at a cost of $21,000, with $2,500 to come from the Special Highway fund and $18,500 to come from the Special Machinery fund. Jolene Niernberger seconded the motion. The motion carried 5-0.
Personnel: Policy
Public Works Director Alan Scheuerman requested Council consideration in compensating staff members that respond to the water and wastewater SCADA system alarm calls through their phone instead of physically visiting the plant. Most alarm calls can be handled in 5-15 minutes. Council member Bret Andries moved to revise the Personnel Policy to provide for one-half hour minimum compensation, per occurrence, for those employees that respond to SCADA alarm calls through their phone. All calls will be verified by the Public Works Director and noted on their timecard in order to receive compensation. Council member Bob Redger seconded the motion. The motion carried 5-0.
General Government: Repair/Maintenance
Mr. Scheuerman discussed his memo to Council members alerting them of grant opportunities to facilitate needed infrastructure improvements. He would like Council to discuss possible projects now, as the grant process is quite lengthy. The City has the ability to apply for Community Development Block Grant funds for the next several years. With CDBG funds, however, the City must be able to provide matching funds. Those grant applications are due in the fall. Mr. Scheuerman recommends Council consider another waterline project, in that approximately 70% of the City’s waterlines are antiquated and should be replaced. Council directed Mr. Scheuerman to draft a priority list of which waterlines are in most need of replacement and estimated project costs.
Wastewater: Financial
City Clerk Amy Burton presented the formal documents to delay the first payment of the Kansas Department of Health and Environment revolving loan. Council member Bret Andries moved to approve the First Amendment to the Loan Agreement delaying the first payment date to March 1, 2018, and authorizing the Mayor to sign the corresponding documents. Council member Dena Patee seconded the motion. The motion carried 5-0.
Water: Repair/Maintenance
Public Works Director Alan Scheuerman discussed the need to replace an 8” valve on 15th Street by the water tower. This particular valve stops water from entering or exiting the tower. An insta-valve will cost $5,800-$6,800, and a team valve will run upwards to $8,800. A team valve allows the Department to cut out a section of pipe to make the repairs, while an insta-valve is all one piece, the pipe cannot be removed. Council member Bret Andries moved and Council member Susan Eaton seconded a motion to purchase a team valve at a cost of $8,800 with funds to come from the Water Depreciation Reserve fund. The motion carried 5-0.
REPORTS FROM CITY OFFICIALS
Public Works
Mr. Scheuerman presented the Comparative Water Report for the period January 10th – February 10th.
Council then discussed an email received by Mr. Scheuerman from a citizen expressing concerns over a variety of issues. One item noted was the mowing of the area by the Police shooting range. In the past, the County has mowed the area along the ditches and also sprayed for the noxious weeds. The City does not normally perform that type of maintenance, unless the County asks for additional assistance. Council requested Mr. Scheuerman get a quote from the County for spraying the nuisance broadleaf weeds. Council also asked for Mr. Scheuerman to get a quote to crush the concrete currently at the concrete pile at the corner of Old 40 Highway and Cedar Lane. Normally, the contractor prefers to have 5,000 yards of concrete before traveling to Ellis to crush the concrete. Mr. Scheuerman estimates the City has approximately one-half that amount. The City uses the crushed concrete for alleys and other minor street repairs. Council also inquired if the City could then move the concrete pile to the area by the burn pile. Mr. Scheuerman reported the construction of the permanent sludge site at the Wastewater Treatment Plant has been started. The project is expected to be completed around mid-June. Once completed, the sludge at the temporary site at Old 40 Highway and Cedar Lane will be hauled off and the temporary site will no longer be used. Regarding the citizen’s concerns about the posts and tires at the Police shooting range, Chief Yates explained the Department has lost all volunteers to work on the tire house. He plans to tear down the posts and tires and use the materials to reinforce and increase the height of the shooting range walls.
Mr. Scheuerman then shared with Council the report received from KDHE regarding the 3-year audit on the City’s water system. There were no major deficiencies noted and the City complied with the public notices regarding the TTHM levels found in the water supply. KDHE praised the citizens of Ellis for their water conservation practices, even when the water restrictions were lifted.
Police
Police Chief Taft Yates reviewed the Monthly Activity Report for February. The number of incidents decreased, but the severity of the incidents increased. Chief Yates also presented the March Staff Calendar. Sergeant McCollam is currently attending training with the Kansas Narcotics Officers Association. Chief Yates will present a scam awareness seminar to the public on March 9th at Ellis High school.
Chief Yates then stated he has heard there was a Council member questioning how the Department is handling certain cases. He urged Council members to contact the Department if they have proof of incidents occurring; but, to also realize that the Department cannot violate people’s rights in investigating alleged incidents.
City Clerk
City Clerk Amy Burton reminded Council members to RSVP if they are interested in attending the Ellis County Conservation District’s Local Working Group meeting on March 8th.
The Planning Commission/Board of Zoning Appeals draft minutes from February 27th were reviewed.
Ellis has made it past Round 1 of the Kansas Hometown Showdown photo contest. Round 2 has Ellis competing against the City of Lawrence. Ms. Burton urged everyone to get on the League of Kansas Municipalities Facebook page and “like” the City’s photo.
The legislative hearing on the tax lid protest petition has been postponed until Thursday, March 16th. If passed, the legislation would remove the automatic election requirement and shift to an election only if a valid protest petition was filed.
Attorney
City Attorney Olavee Raub gave an update on pending code violation cases. The violations cited on the property on 10th Street have been addressed; therefore, that case has been dismissed. A complaint has been filed on 1309 Fauteux but Ms. Raub has tried for months to locate the owner, without success. The structural defects cited at 822 Washington and 1024 Washington will go to trial on April 7th. Ms. Raub noted that despite allegations of individuals living at 822 Washington, which is zoned as commercial property, three different agencies have been inside the location in recent weeks, and all three agencies found no evidence of individuals taking up residence at that location.
Ms. Raub reviewed her official statement regarding the issue of incompatibility of office and the Attorney’s General’s opinion. The Attorney General actually declined to issue an opinion because there was no evidence that the organizations involved constituted a public office, therefore, no incompatibility can exist, due to the common law doctrine.
Mayor Update and Announcements
Mayor David McDaniel noted that the 2016 Annual Report for the Foster Grandparent and Senior Companion Program was included in the packets for review.
Mayor McDaniel urged Council members to attend the Town Hall meeting in Council Chambers on March 11th from 11:00 a.m. – 12:00 p.m.
The Citizen Complaint Review Board met and discussed seven different complaints. Status letters will be sent to the complainants.
Mayor McDaniel noted that three of the Ellis City volunteer firefighters travelled to Ransom to assist with the wild fires.
The first Lenten Breakfast will be held at the Methodist Church on March 8th at 6:45 a.m.
ADJOURNMENT
Council member Bob Redger moved and Council member Bret Andries seconded a motion to adjourn the meeting. The motion carried 5-0. The meeting adjourned at 9:54 p.m.