ELLIS–THe city of Ellis is seeking a new water source that will provide the City with approximately 150 acre feet. Brad Vincent, Ground Water Associates, told city council members the Kansas Division of Water Resources can guide the city in where to drill and what water rights are available.
Ellis Public Works Director Alan Scheuerman said three of the four wells running over the July 19th weekend were sucking air and not pumping water.
Kelly Stewart, Kansas Division of Water Resources, was present to answer the council’s questions regarding implications of possibly downgrading the city’s water emergency status. Stewart explained that the city’s delegation of authority for regulating private domestic wells is contingent on the city remaining in a water emergency status.
The full July 21, 2014 meeting minutes follow:
REGULAR MEETING Minutes July 21, 2014
CALL TO ORDER
Mayor Lyle Johnston called the meeting to order at 7:37 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 (arrived at 8:05 p.m.), Fire Chief Denis Vine, and City Attorney Olavee Raub.
PLEDGE OF ALLEGIANCE TO THE FLAG
AMENDMENTS TO AGENDA
None
PUBLIC PRESENT
Dave Spalsbury, Steve Samuelson, Marcy McClelland, David Albright, Brad Vincent, Kelly Stewart, Chavonne Schmidt, Steve Ferland, Virginia Duell, Mark Bongartz, Glen Keller, Ryan Augustine, Charlene Weber, Dave Malone, and Luke Karlin (arrived at 8:37 p.m.).
CONSENT AGENDA
Due to the power outage, Council members were unable to sign the vouchers and review the bills ordinance. Therefore, this item will be revisited under Unfinished Business.
PUBLIC COMMENTS
David Albright addressed Council regarding a recent leak at his residence. The leak has been repaired and Mr. Albright is requesting consideration for an adjustment on his utility bill to bill the usage at the regular rate of $3.58 per thousand gallons, rather than the conservation rate of $10.74 per thousand gallons. Council will consider his request during the Clerk’s report.
Virginia Duell informed Council of a running toilet at her residence while she was away that resulted in excess water usage. Ms. Duell is requesting consideration for an adjustment on her utility bill to bill the excess water at the regular rate of $3.58 per thousand gallons. Council will consider the request during the Clerk’s report.
Marcy McClelland introduced herself as a candidate for the District 1 seat on the Ellis County Commission. Ms. McClelland is an Ellis native and currently farms in Ellis County.
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
Mayor Lyle Johnston recognized Assistant City Clerk Charlene Weber for her recent accomplishment of earning the Master Municipal Clerk designation from the International Institute of Municipal Clerks.
Steve Samuelson, NFIP Specialist with the Kansas Department of Agriculture, presented a plaque to the Mayor for the City’s ability to attain a higher rating in the Community Rating System for flood plain insurance. Previous Public Works Director’s Gary Haddock and Steve Ferland were instrumental in implementing many of the factors that are considered in the CRS program. The higher rating will increase the discount percentage for flood insurance from 5% to 10%.
SPECIAL ORDER
Fire
Fire Chief Denis Vine reported that Hays Fire Department has gifted two air pack bottles to the Ellis Fire Department, as they no longer needed them.
Personnel: Entry
Council member Dave McDaniel moved and Council member Ron Johnson seconded a motion to approve Kelly Robb and Dustin Mattheyer as volunteer firemen. Motion carried unanimously.
General Government: Special Project
This item will be tabled as no representative from the Ellis Fair Board was present.
Water Exploration: Special Project
Brad Vincent, Ground Water Associates, was present to discuss areas surrounding Ellis which could be viable water sources for the City. The availability of water to be appropriated may limit the locations in which to drill. The Kansas Division of Water Resources can guide the City on where to drill and what water rights are available. Mr. Vincent is seeking a location that will provide the City with approximately 150 acre feet which will pump around 92-100 gallons per minute. The next step in the process will be to approve a driller and determine a location in which to drill test holes.
Water: Policy
Kelly Stewart, Kansas Division of Water Resources, was present to answer Council’s questions regarding implications of possibly downgrading the City’s water emergency status. Mr. Stewart explained that the City’s delegation of authority on regulating private domestic wells is contingent on the City remaining in a water emergency status. The City’s authority is granted through the end of 2014, so any time the City declares a water emergency during that time, it has the ability to regulate private wells. Public Works Director Alan Scheuerman informed Council that three of the four wells running over the weekend were sucking air and not pumping water. Per the City’s water conservation policy, the City meets two of the four triggers to remain in Stage 3 at the current time.
Water Exploration: Special Project
Kelly Stewart will meet with Brad Vincent to determine what water rights are available in the areas Mr. Vincent presented to Council earlier. Mr. Stewart estimates it will take six months to one year to move through the application and approval process.
General Government: Financial
Dave Malone, Central States Capital Markets, informed Council of the possibility of refunding the 2006 General Obligation and Water Revenue bond issues. Due to new Securities and Exchange Commission regulations, Mr. Malone is unable to share the potential interest rate differential savings to the Council until a contract with the City is signed. City Attorney Olavee Raub has reviewed the contract and reported it is a non-binding contract whereby the City may choose to select an option to refund or leave the bond issues at the present interest rate. This item will be tabled until the Council has an opportunity to review the contract.
Campground: Special Project
Dave Spalsbury, District Fishing Biologist with the Kansas Division of Wildlife, Parks & Tourism, spoke to the Governing Body about the fish population at Big Creek. The Creek already has an intact carp population and the KDWPT hopes to soon restock predator fish, such as largemouth bass. Fathead minnows are present and producing. The Division will continue to monitor water quality and oxygen levels to see what survives and what doesn’t. Mr. Spalsbury will keep the Council informed as more fish are restocked.
UNFINISHED BUSINESS
General Government: Land Disposal
The Council again discussed the empty lot at 9th and Jefferson Streets. Discussion included whether to sell, lease, develop, or leave the lot as is. Council directed Public Works Director Alan Scheuerman to obtain cost estimates on crushed concrete and millings for the next meeting.
General Government: City Code
Council discussed the current City code that prohibits any type of fowl in the city limits. Several ordinances from other cities were presented to give examples of what types of fowl to allow and how many to allow per household. After further discussion, Council directed City Attorney Olavee Raub to draft an ordinance amending Code Section 2-109 and Code Section 2-123. The amendments would disallow roosters, but allow up to six chickens per household.
General Government: Building Code
Public Works Director Alan Scheuerman reported that Love’s Travel Store has installed posts around the perimeter of the east parking lot. This will hopefully decrease the likelihood of trucks hitting power poles, but won’t help with the blowing dust. City Attorney Raub does not feel our health and welfare codes are strong enough to site the store for a health nuisance. It was the consensus of the Council to continue to meet with corporate officials to try to come to a solution.
General Government: City Code
Council again discussed current City ordinances related to the sale and discharge of fireworks. City Attorney Raub noted the Council would need to change the ordinance related to the sale, the ordinance related to the discharge, and possibly the zoning ordinance to allow the sale of fireworks in a commercial zone. Council discussed changing the deadline to set the days and hours for use of fireworks to June 25, and not allowing fireworks as long as the City remains in a Stage 3 water emergency. No action was taken.
Water: City Code
City Clerk Amy Burton presented ordinances reflecting utility rate increases as discussed during budget preparation. The ordinances would become effective with the October 1, 2014 billing.
The water rate ordinance early implements a 30% increase in the base meter charge and water usage charges. The increases were originally set to take place in 2015 and 2017. Even with the increase, the City’s base meter charge and rates per thousand gallons are well below the State average for utility rates. Council member John Walz moved to approve Ordinance 1366 amending Section 15-207 Water Rates. Council member Terry Redetzke seconded the motion. The motion carried 5-1, with Council member Gary Luea opposed.
Sewer: City Code
The sewer rate ordinance reflects a 5% increase in user charges. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve Ordinance 1367 amending Section 15-344 Classes of Users and Rates. The motion carried 5-1, with Council member Gary Luea opposed.
Sanitation: City Code
The sanitation rate ordinance increases the additional poly cart rental and grass cart rental fee by $1.00 per month. The service charges for commercial enterprises were separated from residences of more than one person and assessed its own rate code. Council member John Walz moved to approve Ordinance 1368 amending Section 15-412 Service Charges. Council member Terry Redetzke seconded the motion. Motion carried 5-1, with Council member Gary Luea opposed.
General Government: Financial
City Clerk Amy Burton presented the most recent draft of the budget reflecting the revisions from the work session with Galen Pfeifer with Adams, Brown, Beran & Ball. The utility funds reflect their respective rate increases and the transfer from the General Fund to the Special Machinery Fund was reduced to get the mill levy down to the exact amount as the 2014 published mill levy rate. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve the draft budget for publication. Motion carried unanimously.
Water: City Code
City Attorney Olavee Raub reviewed the proposed ordinance revising Section 15-107 establishing regulations on water use. The hours of allowed watering would be restricted to 6:00 a.m. to 10:00 a.m. and from 8:00 p.m. to 11:00 p.m., year round. Ms. Raub recommended the Council consider merging the City Water Conservation Plan with the conservation measures outlined in the City Code book. After further discussion, it was the consensus of Council to send both documents to the Water Advisory Committee for their review and comments.
CONSENT AGENDA
Council member Dave McDaniel moved to approve the consent agenda containing the Minutes from Regular Meeting on July 7, 2014, Bills Ordinance #1953, and the March manual journal entries. Council member Ron Johnson seconded the motion. The Council approved the consent agenda unanimously
NEW BUSINESS
Event Request: Traffic
Council member John Walz moved and Council member Ron Johnson seconded a motion to approve the Event Request for Traffic Control for the Ellis Jr. Free Fair 5K Walk/Run. Motion carried unanimously.
Water Exploration: Contracts
Only two of the three expected bids for test hole drilling have been received; therefore, this item will be tabled until the next meeting.
Sanitation: Repair/Maintenance
Public Works Director Alan Scheuerman presented a bid from Hays Truck Equipment Company to replace the arms on the 2008 sanitation truck. Council member Dave McDaniel moved to approve the bid from Hays Truck Equipment Company in the amount of $2,980.00 to replace the arm mechanism on both sides of the sanitation truck with funds to come from the Sanitation Fund. Council member John Walz seconded the motion. Motion carried unanimously.
Water: Repairs/Maintenance
Mr. Scheuerman presented a bid from Layne Christensen Company to replace three screens at the Water Treatment Plant that were found to be in poor condition per the LiquiVision inspection. Council directed Mr. Scheuerman to obtain an additional bid for the screens.
REPORTS FROM CITY OFFICIALS
Public Works
General Government: Special Project
Public Works Director Alan Scheuerman presented a proposed survey for residents to fill out during Friday and Saturday nights at the Ellis Junior Free Fair. In exchange for completing the survey, residents would receive a free bottle of water or showerhead. Mr. Scheuerman hopes to have representatives from the Police Department, Public Works Department, Clerk’s office and the Governing Body present to speak with residents. It was the consensus of Council to approve the survey questions.
Mr. Scheuerman then provided Council with an update of projects the Department has been working on recently. Several water lines have been repaired and a crew has been working on crack patching the streets.
Police
Police Chief Taft Yates reported his Department has begun performing background checks on the applicants for the open position. The field of candidates has been narrowed down to four. Chief Yates also reported that Officer McCollam will remain on light duty for two more weeks. The Department recently held a class at the Good Samaritan Center and All in a Day’s Grind on how not to become a victim of a scam.
City Clerk
Personnel: Entry
Council member John Walz moved to approve Sharon Disney to the Clerk II part-time position effective August 5, 2014 at a probationary wage of $7.40 per hour. Council member Jolene Niernberger seconded the motion. Motion carried 5-1, with Council member Ron Johnson opposed.
Financial
City Clerk Amy Burton presented the March financial statements consisting of the Statement of Accounts, the Treasurer’s Report for March and the 1st quarter, and the Security Deposit Worksheet.
Swimming Pool
Ms. Burton reported that the tentative last day for the swimming pool to be open is August 13th.
Water: Acctg/Billing
Council member Jolene Niernberger moved to approve the utility bill adjustments as requested by David Albright and Virginia Duell, contingent on each of them submitting their repair receipts. Council member Gary Luea seconded the motion. Motion carried 6-0.
Mayor/Council
Mayor Lyle Johnston asked if there was interest in the Council to hold a special meeting to conduct a tour of the City facilities. It was the consensus of the Council to wait until the weather was cooler.
The Girl Scouts are looking for service projects to complete during National S’Mores Day.
Special Parks & Recreation: Committee
Dan Pyle is forming a committee to search for alternate locations for the Recreation Commission office and would like to have a representative from the City serve on that committee. John Walz volunteered to serve as the City representative.
Council member Dave McDaniel had a resident call him concerned about the Fire Department beer garden being too close to the kid’s activities during the Ellis Jr. Free Fair.
Council member Gary Luea inquired of various construction companies performing work within the City and when they might be refilling holes on private property. He also inquired of any progress on securing the pond on West 10th Street.
Council member Terry Redetzke asked if there was any assurance that the additional funds appropriated to the Library Board for 2015 will be spent as intended. Council also inquired of progress on the cleanup of the burned down house by the Creek. Public Works Director Alan Scheuerman will send another letter to the property owner allowing 14 days to complete the cleanup.
ADJOURNMENT
Council member Terry Redetzke moved and Council member Dave McDaniel seconded a motion to adjourn the meeting. The motion carried unanimously. The meeting adjourned at 10:55 p.m.