ELLIS — There’s been enough rain this summer to refill Big Creek in Ellis and the Kansas Department of Wildlife and Parks wants to restock the fish in Big Creek. City council members were informed of that request during their July 7 meeting.
Still, the council is concerned about some residents’ requests to lift the Stage 3 Water Warning, which bans all outdoor watering.
It’s unknown if lowering the city’s water status would results in the loss of a grant that was applied for during the water emergency, and if a change in status would affect Ellis’ search for a viable water source. A representative from the Kansas Division of Water Resources has been invited to speak at the next city council meeting.
The complete July 7, 2014, agenda follows.
DRAFT COPY NOT OFFICIAL UNTIL APPROVED BY COUNCIL
ELLIS CITY COUNCIL REGULAR MEETING Minutes July 7, 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, Fire Chief Denis Vine and City Attorney Olavee Raub.
PLEDGE OF ALLEGIANCE TO THE FLAG
AMENDMENTS TO AGENDA
The monthly fire department report will be added under Special Order. Council member Dave McDaniel requested the correction of the consideration of property at 9th and Jefferson Streets, rather than 9th and Washington Streets.
PUBLIC PRESENT
Kelly Robb, Melissa Robb, Glen Keller, Ryan Augustine, Susie Kohlrus, Mark Bongartz, Chavonne Schmidt, Wes James, Maggie James, James Robben, Luke Karlin, Art Honas, Jim Moeder and Jim Carthew.
CONSENT AGENDA
Council member Jolene Niernberger moved to approve the consent agenda containing the Minutes from Regular Meeting on June 16, 2014 and Bills Ordinance #1952. Council member Terry Redetzke seconded the motion. The Council approved the consent agenda unanimously.
PUBLIC COMMENTS
Melissa Robb expressed her disappointment in the Council for not legalizing the discharge of fireworks, and hopes Council will consider amending the Ordinance requiring a determination by June 15th of each year. Ms. Robb feels the City lost revenue by not allowing fireworks.
Susie Kohlrus requested Council consider lifting the Stage 3 water restrictions as she feels the City no longer meets the triggers for a designated water emergency. She asked that the Council keep the public informed of their decision-making process.
Chavonne Schmidt requested the Council consider amending the Ordinance that disallows chickens in the City limits. Chicken coops should be allowed as they provide fertilizer and food.
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
Mayor Johnston acknowledged Kelly Robb for his graduation from Advanced Individual Training and for being named Soldier of the Month.
SPECIAL ORDER
Fire Chief Denis Vine provided Council with his monthly report of activity and training within the volunteer fire department. A check has been received from the insurance company for reimbursement of the lost equipment during the swift water rescue in June. Chief Vine also reported the firemen have repaired the roof at the old fire station.
UNFINISHED BUSINESS
General Government: Policy
Council discussed the City’s Policy on Guidelines for Infrastructure, which includes a provision for cost-sharing with the developer and/or property owner for installation of curbs and gutters. Neither Chad Sproul nor Peter Schield were present to submit or discuss cost estimates of their project, therefore this item will be tabled until they do so.
General Government: Land Disposal
The Council discussed Luke Karlin’s inquiry if the City is interested in selling the vacant lot at 9th and Jefferson Streets. City Attorney Olavee Raub noted that if interested, the City would have to put the lot out for bids. To do that, the City would also need to obtain an appraisal on the property. The City has three options – (1) sell the lot so that it is privately owned and maintained; (2) maintain ownership of the lot and either leave it alone or develop and maintain the lot; or (3) maintain ownership and lease the lot to an interested party. The Council decided to table the item until a base appraisal could be obtained from Ellis County.
General Government: City Code
Council discussed the current City ordinances related to the sale and discharge of fireworks. City Attorney Olavee Raub prepared a draft revised ordinance extending the determination date from June 15th to June 25th. The May 1st deadline to apply for a permit would need to stand as the Planning and Zoning Board needs adequate time to meet the publication requirements and to hold a hearing for a special use permit. It was the consensus of Council to table this item until ordinances from other cities could be reviewed and to also review the current Planning and Zoning regulations.
Water: Policy
Council discussed the Water Advisory Committee’s recommendations on imposing more restrictive time allowances for watering as provided under Code Section 15-507. Special use watering permits would only be allowed for Buffalo, Bermuda or Zoysia grasses, and residents would have to produce a receipt proving purchase of any of those types of grasses before a permit to water would be issued. Two concerns noted regarding lowering the City’s water status is if the City would lose grant funding that was applied for under a water emergency, and if a change in status would affect the City’s search for a viable water source. Public Works Director Alan Scheuerman will invite Kelly Stewart, Kansas Division of Water Resources, and Brad Vincent, Ground Water Associates, to the next regular council meeting to discuss the Council’s concerns.
NEW BUSINESS
Sanitation: Acctg/Billing; Sewer: Acctg/Billing
Jim Moeder was present to discuss his new business, Big Creek Floral & Gifts, LLC. Council member Dave McDaniel moved to approve the Application for Local Incentives from Big Creek Floral & Gifts, LLC, for free sanitation and sewer services for one year. Council member Ron Johnson seconded the motion. Motion carried unanimously.
Fire: Contracts
Fire Chief Denis Vine reported that Hays Fire Department would like to use the City’s water rescue mannequin for training for three days in July. Council member Ron Johnson moved to approve the agreement with Hays Fire Department for use of the City’s water rescue mannequin. Council member John Walz seconded the motion. The motion carried unanimously.
Event Request: Traffic
Council member Ron Johnson moved and Council member John Walz seconded a motion to approve the Event Request for Traffic Control for the Ellis Jr. Free Fair parade on July 26, 2014. Motion carried unanimously.
Fire: License/Permit
Council took under consideration an application from Dave Honas for a temporary CMB license to operate the Fire Department’s beer garden at the Ellis Jr. Free Fair. Council member Terry Redetzke moved and Council member Ron Johnson seconded a motion to approve the Application for License to Sell Cereal Malt Beverages for Dave Honas during the Ellis Jr. Free Fair. Motion carried unanimously.
General Government: Acctg/Billing
City Clerk Amy Burton requested that the Council’s consideration of ordinances increasing the utility rates be tabled until after Council meets with Galen Pfeifer, CPA on the 2015 budget.
REPORTS FROM CITY OFFICIALS
Public Works
Water
Public Works Director Alan Scheuerman presented the Comparative Water Report for the period May 10th to June 10th. The Department is aware of two leaks and crews are working to repair them.
Mr. Scheuerman then reviewed the current well levels. Some of the measurements are static readings while other measurements were obtained while the wells were running.
Council reviewed the feasibility report from Bartlett & West. The report provided projected costs if the City were to purchase water from Trego Rural Water District as an emergency water supply. It was the consensus of Council to meet with Bartlett & West to further discuss options.
Special Machinery: Acquisition
James Robben, Carrico Implement, informed Council that the bagger purchased on the new mower has been discontinued and replaced with a bigger 3-bag system. The additional cost of the new bagging system is $800.00 and Mr. Robben is requesting the City consider splitting the additional cost with Carrico Implement. It was the consensus of Council to not ratify the additional cost.
General Government: Special Project
Mr. Scheuerman discussed with Council setting up a booth at the Ellis Jr. Free Fair to obtain feedback from residents on how satisfied they are with the level of service the City provides. Residents will be asked to fill out a one-page survey in exchange for a bottle of water or a shower head. Mr. Scheuerman is asking for members of the Governing Body, the Clerk’s office and the Police Department to help participate. He will submit the proposed survey at the next regular meeting for approval.
Sewer: Repair/Maintenance
Mr. Scheuerman reported that the new sewer pump was struck by lightning and needs to be replaced. The City’s insurance will pay for the new pump less the $1,000 deductible. Council member John Walz moved to approve the purchase of the ABS Submersible Pump from Environmental & Process Systems, Inc. in the amount of $4,641.00 with funds to come from the Sewer Utility Fund, with the understanding the cost to the City will only be the $1,000.00 deductible. Council member Terry Redetzke seconded the motion. Motion carried unanimously.
Streets: Repair/Maintenance
Golden Belt Coop has requested asphalt material to fill in the potholes between the elevator and Equity Bank. The Coop has the machinery and will perform the labor. Council member Gary Luea moved to allow in-kind services with Golden Belt Coop whereby the City will provide adequate asphalt material to fill the potholes, and in return the Coop will provide the City free weigh tickets for the City’s sanitation truck. Council member Jolene Niernberger seconded the motion. Motion carried unanimously.
Police
Police Chief Taft Yates presented the July officer calendar and the Monthly Activity Report for June. The Department is currently reviewing applications for the vacancy in the Department. Chief Yates informed Council that he has one officer on light duty until the middle of July due to a bone fracture. The Department will also hold fraud training at the Good Samaritan Center and All in a Day’s Grind on July 16th.
City Clerk
Swimming Pool
City Clerk Amy Burton reported that half-way through the season the Swimming Pool has experienced a 34% increase in attendance from last year.
Interviews for the Clerk II position are scheduled for July 17th.
City Clerk: Financial
Ellis County Treasurer Ann Pfeifer reported that the revenue from the Hays TIF project was accidentally distributed to Ellis. A check for $242,333.45 was sent to the County for the reimbursement.
Industrial Development: Repair/Maintenance
Ms. Burton reported that the deadline has passed for property owners to respond on their willingness to participate in a survey to correct the legal description of the buildings in the 1000 block of Washington Street. Only four of the seven property owners responded. City Attorney Olavee Raub will try to solicit responses out of two other owners; but the third may be a problem due to ownership issues.
Mayor/Council
Mayor Lyle Johnston reported that Latisha Haag is looking for judges for the Girl Scout’s National S’Mores Day event. He will confirm the date and time and inform Council.
Council member Ron Johnson would like for the Governing Body to tour the City buildings to view the facilities and equipment.
Council member John Walz reported that the Kansas Department of Wildlife and Parks want to restock the fish in Big Creek. Mr. Scheuerman will contact the Department to get more information. Mr. Walz would also like to see a provision in the Water Conservation Plan that the sale or discharge of fireworks would not be allowed if the City is in a water emergency. He asked Mr. Scheuerman to contact the Kansas Department of Health and Environment to see what chemicals could be used to spray for weeds in the creek. In 2015, Mr. Walz would like for some of the Tourism monies to be used for replacing the vinyl on the billboard signs.
Council member Jolene Niernberger informed the Governing Body of a meeting in Stockton on July 9, 2014 on the Vision for the Future of Water in Kansas.
Council member Gary Luea asked Mr. Scheuerman and Chief Yates if a stop sign could be installed at the intersection of 19th and Spruce. He also asked if a certificate of appreciation could be sent to the Prayer in Action Group for their hard work in the community. Mr. Luea would like to see further action taken to clean up the property at 11th and Monroe.
EXECUTIVE SESSIONS
Mayor Lyle Johnston called for an executive session under attorney-client privilege. A 5-minute executive session was proposed starting at 9:38 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 under attorney-client privilege with the City Attorney present. Motion carried 6-0. The Council returned to open session at 9:43 p.m. No action was taken in executive session.
ADJOURNMENT
Council member Terry Redetzke moved to adjourn the meeting. Council member Dave McDaniel seconded the motion. The motion carried unanimously. The meeting adjourned at 9:44 p.m.