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ELLIS CITY COUNCIL REGULAR MEETING

Minutes September 17, 2013

CALL TO ORDER

Mayor Lyle Johnston called the meeting to order at 7:30 p.m. Present were Council members John Walz, John Leiker, Loran Gottschalk and Terry Redetzke. 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 Jolene Niernberger was out of town and unable to attend.

PLEDGE OF ALLEGIANCE TO THE FLAG

AMENDMENTS TO AGENDA

Mayor Johnston requested the deletion of the agenda item appointing the vacant council position. City Clerk Amy Burton requested the deletion of the presentation by the Fort Hays State University Leadership 310 team.

PUBLIC PRESENT

Joyce Carthew, Jim Carthew, Dave McDaniel, and Mark Polifka

CONSENT AGENDA

Councilmember John Walz moved to approve the consent agenda containing the Minutes from Regular Meeting on September 3, 2013, Bills Ordinance #1933 and August monthly manual journal entries. Councilmember Terry Redetzke seconded the motion. The Council approved the consent agenda unanimously.

PUBLIC COMMENTS

None

PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)

None

SPECIAL ORDER

Fire: Repair/Maintenance

Fire Chief Denis Vine reported that the department recently received $1,120.00 from Union Pacific Railroad as reimbursement for expenses incurred during the July train derailment. T.A. Hays has moved out of state and therefore resigned from the department. The firemen recently attended an annual mutual aid drill in Hays with eight different fire departments. Chief Vine also wanted to thank the Council for approving the water main improvement project. The repairs will help the department fight fires more effectively. Chief Vine noted that it is time for the annual pump tests for the fire trucks. Councilmember John Walz moved and Councilmember John Leiker seconded a motion to approve the annual fire truck pump tests and needed valve replacement at a cost not to exceed $2,000.00. Motion carried unanimously.

UNFINISHED BUSINESS

NEW BUSINESS

Parks: Event Requst – Ellis High School

City Clerk Amy Burton presented a Public Property Permit Application and Event Request for Traffic Control from Ellis High School for the parade, use of Memorial Park, and the closing of 9th Street in conjunction with the homecoming activities on September 20, 2013. Councilmember John Walz moved and Councilmember Loran Gottschalk seconded a motion to approve the requests from Ellis High School for the homecoming parade, pep rally in Memorial Park and closing of 9th Street for the pep rally on September 20, 2013. Motion carried unanimously.

Water: City Code – USD 388

USD 388 Board President Mark Polifka was present to discuss recent developments with the Council on the ability for the District to water the playing field at the Old High School. City Attorney Olavee Raub noted the District wells are classified as industrial residential; therefore, the City does not have regulatory authority over the wells. However, per the Kansas Division of Water Resources, the well cannot be used for watering the playing field without an irrigation permit. The District could receive a six month temporary permit while the regular permit is being considered by the State, which could take a year or longer. If a permit is not granted, the District could connect to the City water supply. The City would then need to pass an ordinance allowing for a special use permit to give the District authority to water the playing field. Mr. Polifka stated the Board will meet next week to discuss the permit application process and possibly explore that avenue first.

Water: Committee

Council and committee member Terry Redetzke provided the Governing Body with an update from the recent Water Advisory committee meeting. By unanimous vote, Ron Johnson was elected chair. The Committee reviewed the Stage 3 Water Emergency declaration and the triggers that warrant such a declaration. By motion, the Committee unanimously agreed the City should remain in Stage 3 as three of the four triggers remain met. The Committee also passed by motion a recommendation to Council to allow USD 388 to water the football playing field, one cycle, one time per week. The cleanup of Big Creek was also discussed. Council will need to determine how to assess fees for the cleanup of resident’s property.

Special Highway: Repair/Maintenance

Public Works Director Alan Scheuerman provided a cost estimate from Sellers Tractor to repair the Champion 710 Grader. Mr. Scheuerman expressed concern in putting $6,000.00 – $10,000.00 into a machine that is obsolete and not worth as much as the repairs needed. The grader will need to be replaced at some point, but it is not currently budgeted to purchase. Council discussed renting machinery from area communities. This item will be tabled until the next meeting.

Police: Special Project

Police Chief Taft Yates noted in 2010 Council approved one room of a tire house to be placed at the shooting range. Chief Yates wants to expand the tire house to include an additional room and a connecting hallway. The house will be constructed with volunteer labor. Once completed, the house will also be available to other agencies to train with under Ellis police department supervision. Councilmember John Leiker moved to approve the additions to the Police Department tire house at a cost not to exceed $1,750.00 with funds to come from the Police Department budget. Councilmember John Walz seconded the motion. Motion carried unanimously.

REPORTS FROM CITY OFFICIALS

Public Works

Public Works Director Alan Scheuerman presented spreadsheets illustrating the City well history for the last several decades. Mr. Scheuerman also presented a map of the area chosen for the annual sewer cleaning project performed by Mayer Specialty Services. Most of the area encompasses the northeast part of town with some smaller sections in the west part of town. The street sealing project is progressing with help from the Stockton Correctional Facility and extra hours put in by the department.

Police

Police Chief Taft Yates presented his monthly activity report. The department recently conducted several training sessions during the annual HRMAK conference held in Ellis.

Personnel: Exit

Chief Yates reported that Officer Smull will be leaving the department and moving out of state. Therefore, Councilmember John Walz moved and Councilmember John Leiker seconded a motion to authorize Chief Yates to begin advertising for an officer until a suitable replacement for Officer Smull is found. Motion carried 4-0.

Special Machinery: Disposal

Chief Yates began a discussion on whether to keep or sell the department’s Crown Victoria police vehicle. Chief Yates recommended keeping the vehicle for emergency situations such as transports and backup. The vehicle would not be used for regular patrol. It was the consensus of the Council to see what the vehicle might be worth before making a decision.

Police: Policy

In 2010, Council approved a mandate that police running stationary radar do so with their parking lights on. Chief Yates feels in doing so compromises community and officer safety. Councilmember John Leiker did not feel it was appropriate for a Council to micromanage a department and feels decisions on how to run the department should rest with the department head. Councilmember John Walz then moved to re-establish officer discretion when using stationary radar. Councilmember John Leiker seconded the motion. Motion carried 4-0.

City Clerk

City Clerk Amy Burton presented the August financial statements consisting of the Statement of Accounts, the Treasurer’s Report, and the Security Deposit worksheet. The Cemetery Expansion fund has been closed out to the General Fund. Ms. Burton then asked if a councilmember would be interested in participating at the League conference in October in a round table discussion regarding the City’s water situation.

Attorney

City Attorney Olavee Raub reported she will not be able to attend the CLE conference in October.

MAYOR/COUNCIL

Councilmember Walz asked if the Clerk’s office could contact Lamar signs and request the trees around the billboard at Exit 209 be maintained as they are blocking the City’s sign.

EXECUTIVE SESSION

Public Works Director Alan Scheuerman requested an executive session to discuss personnel matters of non-elected personnel. A 5-minute executive session was proposed starting at 9:02 p.m. Mayor Johnston asked for a motion to recess. Councilmember John Walz moved to recess to executive session for personnel matters of non-elected personnel with Council present. Councilmember Terry Redetzke seconded the motion. Motion carried 4-0. The meeting recessed at 9:02 p.m. The Council returned to open session at 9:07 p.m. No action was taken in executive session.

EXECUTIVE SESSION

City Attorney Olavee Raub requested an executive session under attorney-client privilege. A 5-minute executive session was proposed starting at 9:10 p.m. Mayor Johnston asked for a motion to recess. Councilmember Terry Redetzke moved to recess to executive session under attorney-client privilege with Council present. Councilmember Loran Gottschalk seconded the motion. Motion carried 4-0. The meeting recessed at 9:10 p.m. The Council returned to open session at 9:15 p.m. No action was taken in executive session.

ADJOURNMENT

Councilmember John Leiker moved and Councilmember Terry Redetzke seconded a motion to adjourn the meeting. The motion carried unanimously. The meeting adjourned at 9:17 p.m.