ELLIS CITY COUNCIL
REGULAR MEETING
Minutes
May 20, 2013
CALL TO ORDER
Mayor Lyle Johnston called the meeting to order at 7:30 p.m. Present were Council members John Walz, Jolene Niernberger, Steve Ferland, Loran Gottschalk and Terry Redetzke. Also present were Public Works Interim Co-Director Danny Wickham, City Clerk Amy Burton, Police Chief Taft Yates, City Attorney Olavee Raub and Fire Chief Denis Vine. Council member John Leiker was unable to attend.
PLEDGE OF ALLEGIANCE TO THE FLAG
AMENDMENTS TO AGENDA
City Clerk Amy Burton requested the addition of Fire Chief Denis Vine’s monthly report under Special Order and to delete Community Event Advertising from New Business. It was the consensus of the Council to approve the two amendments.
PUBLIC PRESENT
Vaughn Snider, Dale Wing, Terri Fischer, Leroy Patee, Brian Raub, Richard Gaito, Janice Dinkel, Sheri Wiesner, David Molstad, David McDaniel, Glen Keller, Whitey Kohl, Charlene Weber, Blake Bittel, Dena Patee, Charlie Leach, and Richard Neumann.
CONSENT AGENDA
Councilmember Walz moved to approve the consent agenda containing the Minutes from Regular Meeting on May 6, 2013; Special Meeting on May 8, 2013; Special Meeting on May 13, 2013; and Bills Ordinance #1925. Councilmember Ferland seconded the motion. The Council approved the consent agenda unanimously.
PUBLIC COMMENTS
David Molstad encouraged the Governing Body to try to partner with other cities in Ellis County or western Kansas to petition the State to tighten restrictions on farmers and their water use. The farmers are quickly draining our water resources. One farmer irrigating crops can use the same amount of water in one hour as the entire City of Ellis in one day.
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
None
SPECIAL ORDER
Dale Wing, Ellis County, talked to the Governing Body about grey water. Without additional treatment, grey water is considered sewage and cannot be discharged on the ground. The only approved water for general use is fresh water. All cities have to comply with the Clean Water Act which requires a special permit to use effluent water.
Fire
Denis Vine, Fire Chief, presented his monthly report of recent training opportunities and meetings attended. He reported everything is going well in the department.
UNFINISHED BUSINESS
Special Machinery: Repair/Replacement
Jude Gottschalk, Gottschalk Equipment Sales, was not in attendance; therefore Council tabled this item until next meeting.
Cemetery: City Code
Blake Bittel, legal counsel for E.L. Patee, requested Council table this item until he can review the situation further. Mr. Bittel asked to meet with City Attorney Olavee Raub and a member of the Cemetery Committee to determine where the memorial may be placed to be in compliance with City Code. Attorney Raub noted that as the memorial is now, it is not in compliance; however, Ms. Raub noted she will not start proceedings against Mr. Patee as long as Mr. Patee and his attorney remain in contact with the City to try to rectify the situation. David McDaniel spoke on behalf of the Cemetery Committee and provided a timeline of events from May 2010, when the Ordinance providing for monument specifications was adopted, up to April 2013, when Council approved the placement of the memorial as long as the placement was in compliance with the City’s code.
General Government: License/Permit
Council reviewed a proposed permit application to replace the current “Event Request” form. The new application would include questions to determine if a CMB license or a noise permit would also be needed. Upon approval, the applicant will be given a permit to have on the premises during the event. City Attorney Olavee Raub requested the permit be renamed to “Public Property Use Permit.” Council requested consumption of alcohol be added, the consumption of food and non-alcoholic drinks be deleted, the reference to a permit fee be deleted, and to remove the traffic control section from this permit application and leave as a separate application. John Walz moved and Steve Ferland seconded a motion to approve the Public Property Use Permit with modifications as discussed. Motion passed 5-0.
General Government: License/Permit
Ordinance No. 1351 provides for a Noise Permit to be obtained for those events that exceed the 10:00 p.m. timeframe as allowed in the Ordinance. Upon approval, the applicant will be given a permit to have on the premises during the event. Council requested the reference to a permit fee be removed. John Walz moved and Steve Ferland seconded a motion to approve the proposed Noise Permit with the modification to remove the reference to a permit fee. Motion passed 5-0.
Water: Committee
Council reviewed the revised Resolution creating the Water Advisory Committee and providing for staggered terms of committee members. Steve Ferland moved and Jolene Niernberger seconded a motion to adopt Resolution No. 492 creating the Water Advisory Committee for the City of Ellis, Kansas. Motion carried unanimously.
General Government: Committee
Council reviewed the revised Resolution creating the Senior Citizens Advisory Committee and providing for staggered terms of committee members. Jolene Niernberger moved and Terry Redetzke seconded a motion to adopt Resolution No. 493 creating the Senior Citizens Advisory Committee for the City of Ellis, Kansas. Motion carried unanimously.
General Government: License/Permit
It was the consensus of the Council to table this item until a determination is made at the County level on whether fireworks will be allowed due to the continuing drought conditions. The application for a fireworks permit will be revisited at the next regular meeting.
General Government: Contract
City Clerk Amy Burton presented a proposed engagement letter from Adams, Brown, Beran, & Ball for 2014 budget services. Councilmember Walz moved to approve the engagement letter from Adams, Brown, Beran & Ball for 2014 budget services at a cost not to exceed $5,000.00. Councilmember Gottschalk seconded the motion. Motion carried unanimously.
Parks: City Code
Council reviewed a proposed ordinance amending Code Section 12-408 of the City of Ellis Code Book providing for the consumption of alcoholic and cereal malt beverages in public parks during specified hours. At the May 13, 2013 meeting, Council directed City Attorney Olavee Raub to amend the hours of allowed consumption to 10:00 a.m. to 12:00 midnight. Councilmember Gottschalk noted he would like the hours of allowed consumption to remain as originally stated, i.e. 6:00 a.m. to 12:00 midnight. Mr. Gottschalk then made a motion to approve Ordinance No. 1354 with the modification of changing the hours of allowed consumption back to 6:00 a.m. to 12:00 midnight. Councilmember Redetzke seconded the motion. Motion carried unanimously.
Water: Policy
Council addressed questions that have surfaced recently regarding the current water restrictions. No outside watering is allowed for watering landscaping, hosing down driveways, etc.; however, water use during general home maintenance, such as small construction projects or servicing equipment will be allowed. Council encouraged residents to use common sense when it comes to using water outside.
NEW BUSINESS
General Government: Contracts
Richard Gaito, Nex-Tech Wireless, presented an addendum to the current lease agreement allowing Nex-Tech Wireless to upgrade and install radio communications equipment on the City’s water tower. The upgrades will allow 4G coverage for cell phones in the area. Nex-Tech Wireless will pay the City $900.00 per month with 3% annual increases for the use of the space on the City’s water tower beginning upon the installation of the equipment. The addendum presented to Council incorrectly stated the lease would be in effect upon execution of the agreement. Steve Ferland moved and John Walz seconded a motion to approve Addendum #1 to the Lease Agreement with Nex-Tech Wireless, with the modification that the effective date of the lease agreement is upon installation of the equipment. Motion carried unanimously.
Parks: Event Requests
City Clerk Amy Burton presented event requests from Casey Dinkel and Matt LaBarge for reservation of City parks. Mr. Dinkel’s request is for Chrysler Park on May 21st from 9:00 a.m. to 3:00 p.m. Mr. LaBarge’s request is for Playworld Park on May 24th from 7:00 p.m. to 9:00 p.m. Councilmember Walz moved and Councilmember Ferland seconded a motion to approve Casey Dinkel’s event request on May 21st and Matt LaBarge’s event request on May 24th. Motion carried 5-0.
General Government: Contracts
City Clerk Amy Burton presented two proposals for document imaging services. The City has approximately 10 boxes of documents to be imaged and preserved. John Walz moved to accept the proposal from Imaging Office Systems, Inc. in Wichita, KS for document imaging services at a cost of $0.12/page with funds to come from the General Fund. Loran Gottschalk seconded the motion. Motion carried 5-0.
General Government: Policy
City Clerk Amy Burton reviewed the current list of public records set to be destroyed per the City’s record retention policy. Steve Ferland moved and Jolene Niernberger seconded a motion to authorize the Mayor to sign the Certificate of Destruction of Public Records for records set to be destroyed. Motion carried unanimously.
Water: Repair/Maintenance
Interim Public Works Co-Director Danny Wickham presented a quote from Layne Christensen Co. for cleaning and repairs to Well 13. Council discussed scheduling a 5-year rotation on the cleaning and maintenance for all City wells. Councilmember Niernberger asked if the City could save money on mobilization costs for Layne Christensen Co. to perform maintenance on two wells at a time. Steve Ferland moved to accept the proposal from Layne Christensen Co. to chemically treat Well 13 at a cost of $6,955.00 with funds to come from the Water Utility Fund; to have a representative from Layne Christensen Co. assist the City with a rotation schedule for maintenance on the City’s wells; and to determine the costs of servicing two of the City’s wells at a time. Jolene Niernberger seconded the motion. Upon the Mayor’s call for further discussion, Council requested a clarification of the motion. Councilmember Ferland then rescinded his motion and Councilmember Niernberger rescinded her second. Mr. Ferland then moved to approve the quote from Layne Christensen Co. to chemically treat Well 13 at a cost of $6,955.00 with funds to come from the Water Utility Fund; direct Mr. Wickham to determine which would be the best well to service at the same time; and to obtain an additional quote from Layne Christensen Co. on the costs to service an additional well at the same time as Well 13.
Personnel: Benefits
City Clerk Amy Burton presented the 2013 premiums for the City’s health insurance plan for consideration. It was the consensus of Council to have the City’s new Blue Cross & Blue Shield representative attend the next meeting for introductions and questions.
REPORTS FROM CITY OFFICIALS
Public Works
Interim Public Works Co-Director Danny Wickham presented an update from the department. The inmates from the Stockton Correctional Facility have cleaned up the dead fish in Big Creek. The swimming pool ADA-compliant lift chair has been installed at the pool. The swimming pool sustained minor wind damage during the recent storm. The sanitation truck is currently being repaired for a hydraulic leak. Mr. Wickham had to postpone the meeting with the City’s property insurance agent due to a water leak. That meeting has been rescheduled.
Police
Police Chief Taft Yates reviewed his monthly report for April with Council. The department is seeing approximately the same number of cases this year as last year. The Dodge Charger is in the shop for warranty work on the brakes and rotors. Chief Yates reported that Officer Casey will graduate May 24th from the Kansas Law Enforcement Training Center. The Ellis County Sheriff’s department will cover the City of Ellis Friday so local law enforcement may attend the graduation. Chief Yates also reported that the department is continuing to train on officer and community safety.
City Clerk
City Clerk Amy Burton provided an update on her meeting with Buck Driggs on the grant process for waterline improvements within the City. Ms. Burton announced that Stacie Minson, KSU Watershed Specialist, has requested that residents contact her directly to request rain barrels rather than sign up at the City office. Unfortunately, Ms. Minson doesn’t expect to fill many more orders this year due to lack of supplies. Ms. Burton provided a timeline for budget preparation and the need to schedule work sessions in the coming weeks. The Council Orientation work session will be held June 4, 2013 at 7:00 p.m. in Council Chambers. Ms. Burton also reported she has a meeting May 21st with the Kansas Department of Emergency Management and Federal Emergency Management to discuss possible reimbursement for costs sustained during the February snowstorm.
MAYOR/COUNCIL
Mayor Johnston reported that the Public Works Director hiring committee has interviewed three candidates and will meet again on May 29, 2013 to hopefully finalize the selection process. Mayor Johnston hopes to present the committee’s hiring recommendation to the Council at the June 3, 2013 meeting.
Councilmember Loran Gottschalk allowed Whitey Kohl to request an answer on whether he needs to obtain a CMB license or consumption permit for the Kohl Family Reunion event in July. City Attorney Olavee Raub asked Mr. Kohl to complete the new Public Property Use Application to obtain a permit for consumption of alcoholic beverages.
Councilmember Steve Ferland reported he will be attending the REAP conference on the City’s behalf on May 23, 2013 in Wellington, KS. He has also been in contact with FEMA on the City’s CRS rating for flood insurance. There are a few items FEMA would like to investigate further.
Councilmember John Walz noted that with the County’s passage of the half-cent sales tax for improvements, the City should discuss what types of projects the City’s portion of the sales tax revenue should be earmarked for.
Councilmember Niernberger inquired if our current water rates will be sufficient to sustain the Water Utility Fund due to usage decreasing with Stage III watering restrictions.
ADJOURNMENT
John Walz moved to adjourn the meeting. Terry Redetzke seconded the motion. The motion carried unanimously.
The meeting adjourned at 9:53 p.m.
Amy J. Burton, C.P.A.
City Clerk
City of Ellis, Kansas
815 Jefferson Street
Ellis, KS 67637
(785) 726-4812 (office)
(785) 726-4159 (fax)