ELLIS — With the plentiful rainfalls in Ellis early in June, Ellis City Council members considered downgrading the city’s water status from “emergency” to “warning.”

Following information presented at the June 16 council meeting by Public Works Director Alan Scheurman, council members decided Ellis will remain in a Stage 3 Water Emergency.

As it turns out, Scheurman told council members, Ellis water customers used more water per year while in the Stage 2 Water Warning than when the city was in the Stage 1 Water Watch.

Click here to view the Ellis Municipal Water Conservation Plan.

Schuerman also explained the city’s water well levels are still much lower than the levels five years ago.

In other business, the council is considering amending a city ordinance to remove the date restrictions regarding whether to allow the sale and/or discharge of fireworks for the Fourth of July holiday.

The full June 16 meeting minutes follow.

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ELLIS CITY COUNCIL  REGULAR MEETING  Minutes  June 16, 2014

CALL TO ORDER
Mayor Lyle Johnston called the meeting to order at 7:30 p.m. Present were Council members Ron Johnson, Gary Luea, Dave McDaniel, Jolene Niernberger, Terry Redetzke, and John Walz. Also present were Public Works Director Alan Scheuerman, City Clerk Amy Burton, Police Chief Taft Yates and Fire Chief Denis Vine. City Attorney Olavee Raub was absent.
PLEDGE OF ALLEGIANCE TO THE FLAG
AMENDMENTS TO AGENDA
Council member David McDaniel asked for the removal from the agenda the item under New Business concerning downtown music, as requested by Luke Karlin.
PUBLIC PRESENT
Buck Driggs, Pauleen Edmonds, Dena Patee, LaDonna Martin, William Robb, Melissa Robb, Bill Dunn, Stephanie Zweifel, Meghan Zweifel, Chad Sproul, Mark Bongartz, Glen Keller, Susie Kohlrus, Steve Ferland, Tim Kohlrus, Ryan Augustine, Charlene Weber, Cheryl Kinderknecht, Laura Geschwentner, Jeff Geschwentner, James Robben, Gary Herl, Danna Krom, Margie Mickelson (arrived at 8:15 p.m.), and Luke Karlin (arrived at 8:40 p.m.).
CONSENT AGENDA
Council member John Walz moved to approve the consent agenda containing the Minutes from Regular Meeting on June 2, 2014, the Minutes from Special Meeting on June 12, 2014, and Bills Ordinance #1951. Council member Ron Johnson seconded the motion. The Council approved the consent agenda unanimously.
PUBLIC COMMENTS
Bill Dunn, representing Thomas Outdoor Advertising, asked if the City’s billboards were open for bids, and if so, he would like to submit a bid for future services.
Melissa Robb, representing a group of citizens asking for reconsideration of the fireworks ban, presented an online petition signed by approximately 209 people from across the United States asking Council to change the ordinance requiring the City to determine by June 15th of each year if fireworks will be allowed to be discharged. The group feels the June 15th date is too early to make the annual determination, and if conditions remain favorable, then the discharge of fireworks should be allowed.
Denis Vine asked if there was anything the City could do to reduce the amount of dirt flying around his business on the north hill.
Gary Herl inquired about the City installing speed bumps on St. Mary’s Road in an effort to reduce the speed of traffic around his residence. There have been several close calls with cars travelling the curve too fast and almost hitting children and animals.
Chad Sproul recently installed curb and guttering at his residence on Cedar Lane and is asking for consideration regarding the cost-sharing provision of the City’s infrastructure policy. The Council will review the provisions in the policy and revisit at the next regular Council meeting.
Ryan Augustine asked Council to consider funds for the City’s webpage in the 2015 budget.
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
Mayor Lyle Johnston presented Chad Sproul and DC Services a Citizen’s Award for their help during the personal rescue of Ellis residents in Big Creek on the night of June 11, 2014.
SPECIAL ORDER
General Government: Financial – Budget Request
Dena Patee presented the 2015 budget requests from the Ellis Alliance and Walter P. Chrysler Boyhood Home Museum. The Ellis Alliance is requesting $12,500.00 and the Walter P. Chrysler Boyhood Home Museum is requesting $17,850.00. Pauleen Edmonds presented the 2015 budget request for the Ellis Community Foundation. The Foundation is requesting $10,000.00. The Council took no action and will consider the request during budget preparation.
Personnel: Entry – Fire
Fire Chief Denis Vine requested the addition of Chris Wakefield to the volunteer fire department. Council member John Walz moved and Council member Ron Johnson seconded a motion to approve Chris Wakefield as a volunteer fireman. Motion carried unanimously.
General Government: Insurance
Chief Vine reported the favorable change in the City’s ISO rating should save the City government entity $1,000 – $2,000 in annual insurance premiums.
UNFINISHED BUSINESS
Capital Improvement: Repair/Maintenance – Fire Station
Chief Vine reported the roof at the old fire station is leaking. He estimates it will cost $300.00 in materials to repair the roof. In the past, the City has paid the Department $500.00 for the volunteer firemen to perform the labor. Council member Ron Johnson moved to approve the repairs to the old fire station roof in an amount not to exceed $800.00 with money to come out of the Capital Improvement Fund. Council member Dave McDaniel seconded the motion. Motion carried 6-0.
Capital Improvement – Street: Repair/Maintenance
Buck Driggs, Driggs Design Group, provided the Governing Body with an update on the USDA waterline improvement project and the CDBG street improvement project. This fall City staff will begin the critical process of distributing and collecting the Low-to-Moderate Income Survey’s from residents. Driggs Design Group will assist the City in the LMI Survey process and also prepare the Preliminary Engineering Report. Council member Jolene Niernberger moved to approve the Scope of Services from Driggs Design Group in the amount of $3,450.00 with funds to come out of the Capital Improvement – Street Fund. Council member John Walz seconded the motion. Motion carried unanimously.
Special Machinery: Acquisition
Public Works Director Alan Scheuerman presented a modified bid from Carrico Implement, per Council’s request, to account for the trade-in value of the old mower. The Department will be able to receive two new mowers with the trade-in of three of the Department’s old mowers and stay within the amount budgeted for in 2014. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to accept the bid package from Carrico Implement in the amount of $9,255.81 with funds to come from Special Machinery. Motion carried unanimously.
General Government: Land Disposal
Luke Karlin has expressed interest in the corner lot at 9th and Jefferson Streets for a parking lot. If the City decides to sell the lot, sealed bids will have to be solicited. It was the consensus of Council to table this item until legal counsel is available.
General Government: Financial – 2013 Financial Audit Report
Council member John Walz moved to approve the 2013 audit report as presented by Adams, Brown, Beran, & Ball at the June 2, 2014 regular meeting. Council member Jolene Niernberger seconded the motion. Motion carried unanimously.
Water: Contract – Ellis Golf Club
City Clerk Amy Burton notified Council of a proposed revision to the Agreement from the Ellis Golf Club. The Club would like Section 7 modified to state the City will give the Club 30 days’ notice of any termination of the Agreement due to deteriorating water conditions in the City. Upon discussion, the Council declined the proposed revision in that if conditions worsened to the point of terminating the agreement, thirty days is too long to allow commercial entities to continue to water. The Council felt that the Club should have an alternate water source in case of such emergency termination of the Agreement.
NEW BUSINESS
General Government: Contract – Financial Audit
Adams, Brown, Beran & Ball, Chtd. has submitted for consideration a three-year contract for audit services for the years 2014, 2015, and 2016. Council member John Walz moved and Council member Terry Redetzke seconded a motion to approve the three-year contract with Adams, Brown, Beran & Ball, Chtd. for audit services as presented. Motion carried 6-0.
Water: Policy
With the recent rainfall, Council took under consideration the resulting water well levels and the possibility of downgrading the status of the City’s water declaration to a water warning. Public Works Director Alan Scheuerman noted the well levels will settle back down over the coming weeks and months without any more significant rainfall. The well levels are still much lower than the levels five years ago. Council reviewed a chart which showed that residents actually used more water per year while in Stage 2 Water Warning than when the City was in Stage 1 Water Watch. Mr. Scheuerman recommended that Council be cautious in downgrading the water declaration until it is evident where the water well levels will settle to. According to Governor Brownback’s Drought Response Team, Ellis County remains in a “drought emergency”. After further discussion, it was the consensus of Council to remain in a “water emergency” status declaration and to review the provisions of the City’s Water Conservation Plan at the next regular meeting.
Water: Policy
Due to Council deciding to remain in a water emergency declaration, the consideration of a resolution declaring a water warning is unnecessary.
General Government: City Code
The Governing Body discussed the current ordinance establishing the provisions for the sale of fireworks. The ordinance states the Council must determine by June 15th of each year the days and hours for consumer use of fireworks. Council member Ron Johnson felt the May 1st deadline to apply for a permit to sell, and the June 15th deadline to make the determination on the discharge of fireworks didn’t allow enough time for Council to make a fully informed decision. Mr. Johnson would like to see the date moved to July 1st of each year. Police Chief Taft Yates voiced concerns over the number of potential violators if the date to determine the discharge of fireworks was moved to July 1st, as fireworks are allowed to be sold beginning June 27th. Council member Gary Luea moved to direct City Attorney Olavee Raub to amend Ordinance No. 1311 to remove the date restrictions, contingent on consultation with Ms. Raub to determine significance of the current set dates. Council member Ron Johnson seconded the motion. Motion carried unanimously.
REPORTS FROM CITY OFFICIALS
Public Works
Public Works Director Alan Scheuerman reviewed with Council the Comparative Water Report for the period April 10th – May 10th. He is concerned the City has unfound leaks as the water accounted for is a lower percentage than what is deemed acceptable.
Personnel: Entry
Council member John Walz moved to approve Tony Harmon as a General Public Works Employee IA employee at a probationary wage of $11.24 per hour effective June 23, 2014. Council member Gary Luea seconded the motion. Motion carried 5-1, with Council member Ron Johnson opposed.
Street: Repair/Maintenance
Mr. Scheuerman discussed with Council the potholes between Equity Bank and Golden Belt Coop. The area is not an alleyway and appears to be owned by the Coop. Since the area is privately owned, it is not the City’s responsibility to repair the potholes. To do so would set precedence for other private businesses wishing to have the City repair their parking areas. The entities aren’t allowed to contract with the City for the repair because as a governmental entity the City cannot be in direct competition with private companies offering that same service. Council directed Mr. Scheuerman to inform the entities of the Council’s position.
Campground: Repair/Maintenance
Council discussed a recent question of whether the City is able to dredge the creek bed. The State has not allowed it in the past because it would be changing the flow of the channel. Mr. Scheuerman noted that if the State would change its position on the dredging of the creek bed, the City does not have the equipment to do the work and would need equipment assistance from another entity.
Police
Police Chief Taft Yates reported that his Department is reinitiating the applicant search and will begin advertising for the position. The individual selected for the position was unable to accept due to personal reasons.
City Clerk
City Clerk Amy Burton provided an update for her office. Brad Vincent, Ground Water Associates, has requested records from the Kansas Division of Water Resources and has also made contact with some drillers. Applications for the Clerk II position will be reviewed and interviews conducted in the coming weeks. Ms. Burton also reminded Council of the budget work session on July 1st at 6:00 p.m.
Mayor/Council
Council member Dave McDaniel asked if anything could be done to help those residents on the south hill with the severe erosion from the recent heavy rains. Some members suggested installing flow barriers or xeriscaping to help. Mr. McDaniel also asked if there was any way to fix the ruts in the alleys on the north hill.
Council member John Walz suggested Council review the Water Conservation Plan. The plan was approved in 2008.
Council member Jolene Niernberger asked about the Love’s Travel Store parking lot and what could be done to alleviate the dirt at D&B Body Shop.
EXECUTIVE SESSIONS
Mayor Lyle Johnston called for an executive session for personnel matters of non-elected personnel. A 5-minute executive session was proposed starting at 10:19 p.m. Mayor Johnston asked for a motion to recess. Council member Terry Redetzke moved and Council member John Walz seconded a motion to recess to executive session for personnel matters of non-elected personnel with Police Chief Taft Yates present. Motion carried 6-0. The Council returned to open session at 10:24 p.m. No action was taken in executive session.
ADJOURNMENT
Council member Dave McDaniel moved to adjourn the meeting. Council member Terry Redetzke seconded the motion. The motion carried unanimously. The meeting adjourned at 10:25 p.m.