ELLIS – Following a public hearing, Ellis city council members voted unanimously Jan. 2 to condemn two properties in town. A 45-day extension to address violations was granted to a third property owner.
Council members also unanimously adopted the 2015 International Building Codes for building, electrical, and fire regulations. Three additional ordinances have yet to be considered. Those ordinances would implement the updated International Plumbing Codes, International Mechanical Codes, and the International Existing Building Codes.
The complete meeting minutes follow.
ELLIS CITY COUNCIL REGULAR MEETING Minutes January 2, 2018
PUBLIC HEARING ON UNFIT PROPERTIES
Council member Jolene Niernberger moved and Council member Bob Redger seconded a motion to enter into the Public Hearing. The motion carried 5-0. Mayor David McDaniel declared the Public Hearing open at 6:30 p.m. The purpose of the Public Hearing is in regards to whether or not the properties at 210 E. 11th, 208 W. 12th, and 1309 Fauteux should or should not be condemned and ordered repaired or demolished. City Prosecutor Cassy Zeigler stated the Resolution regarding the Public Hearing has been published the required number of times in the Ellis Review, and each property owner was notified of the Public Hearing by certified mail. Two of the certified mailings were returned as undeliverable.
Viola Burns, property owner of 210 E. 11th St., contested the certified letter and believes the property is not dilapidated nor a fire hazard. Annette Ellis, daughter of Ms. Burns, added that the house is not vacant and that she and her husband are at the house at least once a week. All of their belongings are in the house. Ms. Ellis does not believe the property is a fire hazard, as there are no working utilities in the house. Public Works Director Alan Scheuerman discussed several of the major concerns with the property. Ms. Zeigler read the definition for dangerous and unfit structures and believes this property meets the definition, as defined by City Code. A discussion ensued on the definition of occupancy versus using a property for storage. Council directed Mr. Scheuerman to provide a detailed list of structural items in violation for Ms. Burns and the Council.
There were no representatives for the property at 1309 Fauteux and the house has been vacant for approximately 14 years. There are numerous structural concerns with this property.
Ms. Zeigler stated she has been in contact with Maria DelaRosa, daughter of the property owner of 208 W. 12th Street. Her father, Refugio DelaRosa, is currently out of the country with no plans to return. The family cannot afford to rectify the structural violations with the property. Ms. DelaRosa told Ms. Zeigler that a potential buyer has surfaced again for the property and asked for two weeks to determine if the sale will materialize.
There being no further public comments, Mayor David McDaniel closed the public hearing at 6:58 p.m.
CALL TO ORDER
Mayor David McDaniel called the regular meeting to order at 7:30 p.m. Present were Council members Holly Aschenbrenner, Susan Eaton, Jolene Niernberger, Dena Patee, and Bob Redger. Also present were Public Works Director Alan Scheuerman, City Clerk Amy Burton, Police Chief Taft Yates, and City Prosecutor Cassy Zeigler. Council member Bret Andries was absent.
PLEDGE OF ALLEGIANCE
AMENDMENTS TO AGENDA (if needed)
None
PUBLIC PRESENT
Nickole Byers, Allan Reiter, Gary Luea, Norma Keller, and Glen Keller.
CONSENT AGENDA
Council member Holly Aschenbrenner moved to approve the consent agenda containing the Minutes from the Regular Meeting on December 18, 2017 and Bills Ordinance #2036. Council member Dena Patee seconded the motion. The Council approved the consent agenda 5-0.
PUBLIC COMMENTS
Norma Keller, 1406 Maple St., asked why the City removed her Black Walnut trees during the culvert cleanout. Mayor McDaniel noted that Ms. Keller has filed a formal complaint with the City and the claim will be investigated. It was also noted that Ms. Keller signed an easement document allowing the City to enter the property.
Gary Luea, 1807 Spruce, asked for the City to consider advertising in True West magazine. Ellis is considered a “western” town and Dodge City and Abilene have advertisements in the current issue. Mr. Luea felt the publication might be a way to expand visibility of Ellis outside of the area that Eagle Communications reaches.
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
None
SPECIAL ORDER
None
UNFINISHED BUSINESS
General Government: Violations
Council further discussed the properties at 210 E. 11th, 208 W. 12th, and 1309 Fauteux. Ms. Zeigler explained that if Council determines that the properties are unfit structures, a resolution would need to be drafted and approved with Council’s determination of why the structure should be condemned. Once the approved resolution is published, the City can move forward with removal of the structure.
Regarding the property at 208 W. 12th, Maria DelaRosa has requested Council delay a decision for two weeks to determine if a potential sale materializes. Since the condemnation process will take in excess of two weeks because the resolution must be approved and published, Council decided to move forward with the process. Council member Holly Aschenbrenner moved and Council member Bob Redger seconded a motion to have City Prosecutor Cassy Zeigler draft the resolution declaring the property at 208 W. 12th to be condemned, and to approve the bid from Flatlander Dirtworks, LLC in the amount of $5,100 to remove the structure. The motion carried 5-0.
Council believes the property at 1309 Fauteux has been vacant since the early 2000’s. There is no floor in the house, the garage is full of junk, and there are numerous structural concerns. The property owner has not responded to City correspondence and the house could be determined to be abandoned as well. Council member Bob Redger moved and Council member Holly Aschenbrenner seconded a motion to have City Prosecutor Cassy Zeigler draft the resolution declaring the property at 1309 Fauteux to be condemned, and to approve the bid from Flatlander Dirtworks, LLC in the amount of $5,500 to remove the structure. The motion carried 5-0.
Council member Holly Aschenbrenner moved and Council member Bob Redger seconded a motion to grant a 45-day extension, effective immediately, to Viola Burns at 211 E. 11th to address the stated violations for the property. The motion carried 5-0. The extension period will end February 16th and Council will readdress progress on the violations at the February 19th Council meeting. Public Works Director Alan Scheuerman will provide Ms. Burns and the Council a report with the cited violations.
Tourism: Contract
Council member Holly Aschenbrenner moved to approve the 2018 advertising contract from Eagle Community TV in the amount of $4,200, and the 2018 advertising contract from Eagle Radio in the amount of $2,448, with funds to come from the transient guest tax funds. Council member Dena Patee seconded the motion. The motion carried 5-0.
General Government: Building Codes
Council performed a second reading on three ordinances adopting the 2015 International Building Codes for building, electrical, and fire regulations. Both the City Trades Board and Planning Commission have expressed support for the ordinances. Council member Jolene Niernberger moved to approve Ordinance No. 1424 adopting the 2015 IBC for Building Regulations. Council member Holly Aschenbrenner seconded the motion. The motion carried 5-0. Council member Jolene Niernberger moved and Council member Bob Redger seconded a motion to approve Ordinance No. 1425 adopting the 2015 IBC for Electrical Regulations. The motion carried 5-0. Council member Jolene Niernberger then moved to approve Ordinance No. 1426 adopting the 2015 IBC for Fire Regulations. Council member Dena Patee seconded the motion. The motion carried 5-0. Public Works Director Alan Scheuerman noted that three more ordinances will be presented for consideration in the near future. Those ordinances will implement the updated International Plumbing Codes, International Mechanical Codes, and the International Existing Building Codes.
NEW BUSINESS
Sewer/Sanitation: Accounting/Billing
Dustin Vine acquired D&B Body Shop effective January 1, 2018. Council member Dena Patee moved to approve the Application for Local Incentives for D&B Body Shop, LLC. Council member Bob Redger seconded the motion. The motion carried 5-0.
General Government: Financial
Council member Bob Redger moved and Council member Holly Aschenbrenner seconded a motion to approve Resolution No. 542 waiving Generally Accepted Accounting Principles for financial statement reporting for 2018. The motion carried 5-0.
General Government: Committee
Mayor David McDaniel announced that he and Rose Tway have resigned from the Senior Citizens Advisory Committee. Council member Holly Aschenbrenner moved and Council member Bob Redger seconded a motion to appoint Emily Mattheyer and Leonard Schoenberger to the vacancies on the Senior Citizens Advisory Committee. The motion carried 5-0. Committee member Jolene Niernberger informed Council that the Committee was awarded a Midwest Energy grant to help purchase iPods to use at the Good Samaritan Center, as it has been shown that listening to music improves memory function.
REPORTS FROM CITY OFFICIALS
Public Works
Public Works Director Alan Scheuerman presented the Comparative Water Report for the period October 10th to November 10th.
Police
Police Chief Taft Yates presented the Monthly Activity Report for December and the January Staff Calendar. The new police radios should arrive next week and once received, the new Explorer will be delivered to Ka-Comm to have equipment switched out and installed.
City Clerk
City Clerk Amy Burton presented the draft minutes from the Water Advisory Committee. Ms. Burton invited discussion on the Railroad Roundup Program. Interest has been stagnant and the program generates less than $250 per year. Council discussed highlighting the program in the Town Crier to make residents more aware of the program, and possibly changing the beneficiary to the Lakeside Campground or Swimming Pool, or even an outside source like the Ellis Food Bank or Community Foundation.
Attorney
With the Public Hearing earlier on the unfit structures, City Prosecutor Cassy Zeigler had no further updates on code violation cases.
Mayor Update and Announcements
Mayor David McDaniel asked for each Council member to bring three ideas to the January 8th Council meeting on what they would like to see accomplished or done different in 2018. Each Council member will be asked to express their ideas verbally for discussion.
ADJOURNMENT
Council member Bob Redger moved and Council member Holly Aschenbrenner seconded a motion to adjourn the meeting. The motion carried 5-0. The meeting adjourned at 8:35 p.m.