ELLIS — The Ellis City Council unanimously approved a motion last week seeking an opinion from the Kansas Attorney General regarding a newly elected council member.
Dena Patee, the top vote-getter in the November general election, was informed shortly after votes were tallied that City Attorney Olavee Raub believes Patee is “incompatible to serve” because of her position as executive director of the Ellis Alliance.
The Alliance receives annual funding from the city of Ellis. Raub conferred with the Kansas League of Municipalities on the issue.
Council member Bob Redger made the motion directing Raub to draft an inquiry to the Kansas Attorney General, a motion seconded by Gary Luea and which passed on a 6-0 vote.
With 447 votes, Patee was the top vote-getter in the Nov. 8 election, which unseated two incumbents. Incumbent Jolene Niernberger (403 votes) and newcomer Susan Eaton (351 votes) also were elected to seats on the council. Martin LeBarge, Nan Brown and incumbents Luea and John Walz were the other candidates.
Below are the unofficial minutes from the Nov. 21 meeting. Check Hays Post for more as details become available.
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DRAFT COPY NOT OFFICIAL UNTIL APPROVED BY COUNCIL
ELLIS CITY COUNCIL
REGULAR MEETING
Minutes
November 21, 2016
CALL TO ORDER
Mayor David McDaniel called the meeting to order at 7:30 p.m. Present were Council members Bret Andries, Holly Aschenbrenner, Gary Luea, Jolene Niernberger, Bob Redger, 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
AMENDMENTS TO AGENDA
Mayor David McDaniel requested moving the agenda item concerning information regarding the recent election to the first item under New Business.
PUBLIC PRESENT
Perry Henman, Gilbert Kinderknecht, Cheryl Kinderknecht, Glen Keller, Lyle Johnston, Charlene Weber, Nickole Byers, Susan Eaton, Mark Flax, Sandra Beisner, Dena Patee, and Dava Gaschler.
CONSENT AGENDA
Council member Bob Redger moved to approve the consent agenda containing the Minutes from the Regular Meeting on November 7, 2016, Bills Ordinance #2009, and the July manual journal entries. Council member Gary Luea seconded the motion. The Council approved the consent agenda 6-0.
PUBLIC COMMENTS
Perry Henman spoke in favor of the golf course and encouraged Council to consider the quality of life that golf courses and swimming pools add to a community.
Dena Patee spoke on the recent election results and questions surrounding her ability to legally serve as a council member. She does not feel her job at the Ellis Alliance creates an incompatible office.
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
None
SPECIAL ORDER
Fire
Fire Chief Denis Vine reported that volunteer firemen recently installed fifty smoke detectors in residents’ homes. The Department recently was called to a residential fire with a nonworking smoke detector. Chief Vine noted that it is state law that every residence have at least one smoke detector on every story of the house. Chief Vine also reported that the Department’s air packs need to be replaced as they are nearing 25 years old. Midwest Energy recently gave a presentation to the Department on electric and gas safety.
Public Works: Violation
Mark Flax revisited his concerns with USD 388 not keeping the lot mowed north of the tennis courts. Council member Bob Redger noted the lot is brome grass to be baled. Mr. Flax countered that all other businesses are required to keep their properties mowed. City Attorney Olavee Raub encouraged Mr. Flax to file a formal complaint at the City Clerk’s office.
UNFINISHED BUSINESS
Street: Repair/Maintenance
City Attorney Olavee Raub discussed the drainage concerns at 21st and Walnut Streets. The property in that area is right on the border of Phase I and Phase II of the TIF project, according to the TIF map. The plat of the property was in place prior to the City’s Policy on Guidelines for Infrastructure being implemented. Under that policy, the developer and/or property owner are required to pay 100% of street construction costs, including curb and gutter, but the City pays for intersections. However, the City may pay up to 30% of the construction costs, upon application to the City and approval by the Governing Body. Ms. Raub will contact the property owner and discuss potential costs.
NEW BUSINESS
General Government: Committee – Council
City Attorney Olavee Raub discussed recent election results with the Governing Body. Numerous citizens have raised questions to the Clerk’s office, the Mayor, the City Attorney, and other Council members on the ability for councilmember-elect Dena Patee to hold office due to her position at the Ellis Alliance. Ms. Raub referenced conversations held with an attorney at the League of Kansas Municipalities who believes there could be an “incompatibility of office”, which states that the duties of one office in some way interferes with the duties of the other office. Any action taken by the councilmember in question could be rendered invalid; therefore, Ms. Raub would like to seek an opinion from the Attorney General to protect the City and the Council from having any future Council actions overturned. Council member Bob Redger moved and Council member Gary Luea seconded a motion to direct City Attorney Olavee Raub to draft an inquiry to the Kansas Attorney General referencing the question of incompatibility of office regarding Councilmember-elect Dena Patee. The motion carried 6-0.
General Government: Licenses/Permits
Council reviewed recommendations from the Trades Board regarding licensing requirements for building and general contractors. The Board recommends allowing a bachelor’s degree in construction science and two years of experience in lieu of the standard requirements. Council directed Ms. Raub to draft revisions to the ordinances. Due to errors in the presented materials, Council will revisit the Board’s other recommendations at the next meeting.
Public Works: Building Code
Council discussed entering into a cooperative agreement with other small neighboring communities to cost share for building inspection services. A company based in Kansas City would assign a certified building inspector to our region and would perform inspections in town as needed. Council directed City Clerk Amy Burton to contact the City of WaKeeney to see if they would be interested in meeting with Council and this company to gather more information.
General Government: Licenses/Permits
Councilmember Holly Aschenbrenner moved to approve the Application for License to Sell Cereal Malt Beverages for Love’s Travel Stops, Rich’s IGA, and Weber’s Service & Repair. Council member John Walz seconded the motion. The motion carried 6-0.
General Government: Committee
Council members Holly Aschenbrenner and Bob Redger recently met with five board members of the Ellis Golf Club. The Board asked if the City would be willing to sell the land if a potential buyer requested it. The Board also expressed that regardless of who owned the course, the City would need to provide financial assistance as the outside golf course does not make money. One suggestion was for the City to run the golf course and the Board to continue to run the clubhouse. Board Representative Perry Henman stated the course loses approximately $50,000 – $60,000 per year so the Board is asking for City assistance by providing free utilities, labor for mowing, and the purchasing of equipment. The Club’s utilities average $10,000 – $15,000 per year, well below the reported shortfall. Council discussed that legally the City cannot purchase equipment for the Club and free utilities would not be fair to the other private businesses in town. City Attorney Olavee Raub reported the lease term is 99 years, ending in 2059. The lease can be assigned if the property remains a golf course. If the City sells the land, the lease can be forfeited, and the land used to the buyer’s discretion. Council discussed possible changes to the golf course in order to cut costs, including converting the grass greens to sand, changing the mowing of the fairways, and eliminating memberships.
REPORTS FROM CITY OFFICIALS
Public Works
Sanitation: Policy
Public Works Director Alan Scheuerman discussed the growing problem of residents depositing leaves in the streets and gutters. City Code prohibits residents from this practice because it clogs the storm water drains. Mr. Scheuerman suggested allowing one free pickup of leaves now that the grass routes have ended. Council questioned if the leaves could be taken to the City burn pile since trees are allowed. Mr. Scheuerman will check with the Kansas Department of Health and Environment, and if allowed, residents could deposit their leaves at the burn pile instead of the streets.
Water Exploration: Special Project
Mr. Scheuerman presented a summary report from Ground Water Associates regarding the water quality and availability on the four potential water well sites identified for the City.
Police
Police Chief Taft Yates reported Officer Chris Krom is now a certified Taser instructor. The final portion of the motivational seminar, this one featuring Miss Kansas 2013 Theresa Vail, was held at Ellis High School today.
City Clerk
City Clerk Amy Burton presented draft copies of minutes from the recent Campground and Tourism Committee meetings.
The October health insurance savings report was reviewed. The City has saved over $10,500 in premium costs from July to October.
Ms. Burton reviewed the July financial reports containing the Statement of Accounts, the monthly and third quarter Treasurer’s Report, and the Security Deposit worksheet.
The Ellis Rotary Club will host the Pancake Man on November 29th at the Knights of Columbus Hall from 4:30 p.m. – 7:00 p.m.
Attorney
City Attorney Olavee Raub updated Council on the status of outstanding code violation issues. The properties at 1024 Washington and 1016 and 1018 Washington are making progress on remedying their violations, and there have been notices served on a property on 10th Street.
Mayor Update and Announcements
Mayor David McDaniel introduced the new #ShopSmall program in Ellis. Residents are encouraged to “#ShopSmall, Where you Live Small, Ellis, Kansas”. The program is part of a national campaign to encourage residents to shop their hometown first.
ADJOURNMENT
Council member Gary Luea moved and Council member Bob Redger seconded a motion to adjourn the meeting. The motion carried 6-0. The meeting adjourned at 9:45 p.m.