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Pest control and pet control on Ellis City Council agenda tonight

ellis city logoELLIS–City regulations regarding pest control will be discussed by the Ellis City Council during their meeting tonight. They will also consider an ordinance requiring residents to register their pet cats.

A public hearing regarding a Community Development Block Grant street project will precede the meeting at 7 p.m.

The full meeting agenda for Sept. 21, 2015, follows.

AGENDA September 21, 2015
REGULAR MEETING OF THE CITY COUNCIL OF ELLIS
City Hall – Council Meeting Room

BILLS ORDINANCE REVIEW WORK SESSION BEGINS AT 7:00 P.M.
PUBLIC HEARING – COMMUNITY DEVELOPMENT BLOCK GRANT STREET PROJECT AT 7:00 P.M.
ROLL CALL AND MEETING CALL TO ORDER AT 7:30 P.M.
PLEDGE OF ALLEGIANCE
AMENDMENTS TO AGENDA (if needed)
1) CONSENT AGENDA
a) Minutes from Regular Meeting on September 14, 2015
b) Bills Ordinance #1981
(Council will review for approval under one motion under the consent agenda. By majority vote of the governing body, any item may be removed from the consent agenda and considered separately)
PUBLIC COMMENTS
(Each speaker will be limited to five minutes. If several people from the group wish to speak on same subject, the group must appoint a spokesperson. ALL comments from public on agenda items must be during Public Comment. Once council begins their business meeting, no more comments from public will be allowed.)
2) PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
3) SPECIAL ORDER
a) Discuss Proposed Street Project and Consider Resolutions for Grant Application and Approval of Administrative Contract – Corina Cox, Northwest Kansas Planning and Development and Buck Driggs, Driggs Design Group
4) UNFINISHED BUSINESS
a) Discuss City Regulations Regarding Pest Control
b) Consideration of Ordinance Requiring Registration of Cats
c) Review Examples of Public Notice Letters
5) NEW BUSINESS
a) Consider Public Property Permit Application and Event Request for Traffic Control– USD 388 STUCO
b) Consider Ordinance Updating Floodplain Management for City
c) Consider Bids for Cedar Lane Striping
d) Consider Municipal Judge Compensation Agreement
e) Consideration of Bids for Patrol Car
6) REPORTS FROM CITY OFFICIALS
a) Administrative
1) Public Works
(1) City Water Well Levels
(2) Governor’s Conference on Future of Water in Kansas
(3) Reminder on Last Grass Route and City-Wide Cleanup
(4) Department Update
2) Police
(1) Department Update
3) City Clerk
(1) Clerk Institute Training and IIMC Conference
(2) Reminder on LKM Conference and Regional Supper Meeting
(3) City Billboard Panels
(4) Department Update
4) Attorney

Public hearing rezoning request for 111 E. 7th is Monday

117 e 7thCity of Hays

A public hearing for a rezoning request of the property at 117 E. 7th Street from “C-O” Office and Institution District to “C-2” General Commercial & Service District will be held Monday, Sept. 21, by the Hays Area Planning Commission. The property is located at the intersection of northwest corner of 7th and Oak Streets and owned by Hadley Redevelopment/Dave VanDoren.

Planning commissioners will also set the public hearing date for a rezoning request for a tract of land located at 1517 Commerce Parkway from “A-L” Agriculture to “I-1” Light Industrial Zoning District.

Arnhold’s Industrial Addition
Arnhold’s Industrial Addition

Preliminary and final plats of Lots 1 and 2, Block 2, and Arnhold Drive, will be considered. This is undeveloped and unimproved property outside the city limits located west of Canterbury and north of E. 8th Street. This site will be developed for an electrical substation operated by Midwest Energy.

Proposed Unrein Addition
Proposed Unrein Addition

The Planning Commission will also consider setting a public hearing for rezoning of a tract of land for the proposed
Unrein’s Addition from A-L (Agricultural) to R-S (Residential Suburban). The area is south of Hays on 250th Ave. between Spring Hill Road and Mount Pleasant Roads.

City staff is opposed to the new addition according to a memo to the planning commission from Jesse Rohr, Planning, Inspection and Enforcement superintendent.

According to Rohr, there is no public infrastructure in the area, as well as inadequate roads and inadequate fire department coverage.  Rohr said the proposed addition would be “a drain on resources and create a burden for the general taxpayer who must absorb the costs of maintaining such developments for the long term. Developments without adequate public infrastructure, including water, sanitary sewer, and adequate roads are discouraged and in some cases should be out-right prohibited,” Rohr added.

Planning Commission members will then review proposed changes to the development policy and discuss rewrites of the zoning and subdivision regulations.

The meeting starts at 6:30 p.m. Monday, Sept. 21, in Hays City Hall, 1507 Main.  The complete agenda can be seen here.

Feral cats, skunks and fall-cleanup day addressed by Ellis City Council

ellis city logoELLIS–Instead of trapping feral cats wandering loose in Ellis, city council members will first consider an new ordinance requiring pet owners to register their cats and provide proof of vaccination. During their Sept. 14 meeting the council directed City Attorney Olavee Raub to draft an ordinance for review at the next meeting.

Ellis Golf Club representative Neil DeWerff asked for help in removing skunks which are destroying the course turf.

The council also approved Ronald Julian as a new volunteer fireman; voted to move ahead with the sidewalk and crosswalk project on South Monroe Street, at a cost not to exceed $3,500; and set Oct. 19 as the fall city-wide cleanup day.

The complete agenda minutes for Sept. 14, 2015, follow.

ELLIS CITY COUNCIL REGULAR MEETING MINUTES September 14, 2015

CALL TO ORDER
Mayor David McDaniel called the meeting to order at 7:30 p.m. Present were Council members Holly Aschenbrenner, Gary Luea, Heather Luea, Jolene Niernberger, Bob Redger, and John Walz. Also present were City Clerk Amy Burton, Police Chief Taft Yates, Fire Chief Denis Vine, and City Attorney Olavee Raub. Public Works Director Alan Scheuerman was absent.
PLEDGE OF ALLEGIANCE
AMENDMENTS TO AGENDA
Luke Karlin requested his removal from the agenda under Special Order.
PUBLIC PRESENT
Belinda DeWerff, Neil DeWerff, Dean Gottschalk, Tim Flax, Ron VanEpps, Luke Pechanec, Janice Dinkel, Glen Keller, and Cheryl Kinderknecht.
CONSENT AGENDA
Council member Jolene Niernberger moved to approve the consent agenda containing the Minutes from the Regular Meeting on August 17, 2015, Bills Ordinance #1980, and the July manual journal entries. Council member Bob Redger seconded the motion. The Council approved the consent agenda unanimously.
PUBLIC COMMENTS
Neil DeWerff, representing Ellis Golf Club, informed Council about a problem the golf course is having with skunks. The skunks are destroying the turf and Mr. DeWerff spends several hours a day repairing the damage. The Club has spent several thousand dollars trying to find a solution and nothing has helped. Mr. DeWerff asked for the Council to consider loosening the firearm policy in town so they may eliminate the skunk problem.
Luke Pechanec discussed his application to the Board of Zoning Appeals for a special use permit to sell firearms and ammunition out of his home. The City has two properties within 200’ of his residence; therefore, Mr. Pechanec is asking Council to authorize the Mayor to sign the consent form for his application. Mr. Pechanec has ten years of experience with firearms and is pursuing his Federal Firearm License. The Board of Zoning Appeals does have the ability to approve his special use permit contingent on Mr. Pechanec receiving that license.
Gary Luea spoke on a High Water Consumption Notice he received. He feels the wording in the letter is severe and maybe the City could use kinder wording in the letter. City Clerk Amy Burton will provide examples of the different types of letters at the next meeting for Council to review.
Dean Gottschalk noted his business, DC Services, has also received a High Water Consumption Notice. He feels there is no way the business has used that much water. The meter has been checked and he doesn’t have a leak but his readings still seem high.
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
None
SPECIAL ORDER
Electric: Special Project
Tim Flax, Vice-President of Information Technology with Midwest Energy, spoke to Council on the utility company’s need for a data center hub. They have a proposed site selected on 6th Street north of the existing substation. Midwest Energy would like to construct a 180’ self-supporting telecommunication tower and equipment shed on the proposed site, currently owned by the City. The tower would be constructed outside of the “fall zone” of any residential property; however, Mr. Flax explained the more likely scenario would be for the tower to bend in half due to a storm or tornado. The City’s zoning code would also direct placement of the tower, as well as the Federal Communications Commission. Mr. Flax inquired if the City would consider leasing or selling the land in order for Midwest Energy to construct the tower. The Council would consider leasing the ground rather than selling, and directed Mr. Flax to submit a lease agreement proposal for consideration. Midwest Energy would also need to file application with the Planning Commission/Board of Zoning Appeals for a change in zoning.
Fire: Entry
Fire Chief Denis Vine reported he has found a volunteer fireman to fill the vacancy on the Fire Department. Council member John Walz moved and Council member Holly Aschenbrenner seconded a motion to approve Ronald Julian as a volunteer fireman, effective immediately. The motion carried 6-0.
Fire: Repair/Maintenance
Chief Vine reported the bricks on the north side of the old fire station were coming off due to water getting in. Roofmaster’s Roofing generously donated guttering for the volunteer firemen to install to help with drainage.
Each year, Municipal Emergency Services (MES) performs inspections on the Department’s SCBA air packs. Due to several of the air packs needing repair, the invoice exceeded the $1,000 authorization for a department head. Council member Gary Luea moved and Council member Bob Redger seconded a motion to ratify the invoice from MES in the amount of $1,067 for testing and certifying the air packs. The motion carried 6-0.
Public Works: Special Project
Mayor David McDaniel reported only one bid was received for the swathing of the 19 acres of grass area by the Police Range. The bid was not sealed, as directed; however, since it was the only one received, Council was able to accept the bid of $100 from Steve Homburg to swath the grass area. Mr. Homburg has until September 20, 2015 to remove the grass.
UNFINISHED BUSINESS
General Government: License/Permit
Police Chief Taft Yates has conferred with the Animal Facility Inspector with the Department of Agriculture and the City Attorney about options available to control the feral cat population. The City could loan traps to residents, in which the City would be responsible for taking the captured cat to the animal shelter and pay the $35 impound fee, or the City could rent traps to residents and then the resident would be responsible to take the cat to the animal shelter and pay the impound fee. Chief Yates cautioned that residents that knowingly trap another resident’s cat could be charged criminally. It was the consensus of Council that the City should consider requiring pet owners to register their cats and provide proof of vaccination. City Attorney Olavee Raub will draft an ordinance for review at the next meeting.
Streets: Special Project
City Clerk Amy Burton reported that Public Works Director Alan Scheuerman has applied for a Midwest Energy grant to help fund the sidewalk and crosswalk project on South Monroe Street. He has also contacted Bob Muirhead with Midwest Energy to see if they would have any interest in paying for the cost of the sidewalk on their portion of the property included in the project. Mr. Scheuerman estimates the total project to cost $3,000 – $3,500. The school district has verbally agreed to clear the sidewalks in the winter if the City makes the sidewalk wide enough for their tractor to fit. Council member Jolene Niernberger moved and Council member Gary Luea seconded a motion to proceed with the sidewalk project at a cost not to exceed $3,500 with funds to come from the Special Highway fund. The motion carried 6-0.
Water Exploration: Special Project
City Clerk Amy Burton reported that Brad Vincent with Ground Water Associates, Inc. has requested an extension from the Division of Water Resources for additional time to submit information that the proposed wells will not impair existing water rights. Ms. Burton has received a letter from the Division that the deadline has been extended to November 5, 2015.
NEW BUSINESS
Capital Improvement – Streets: Repair/Maintenance
Ms. Burton presented bids for crack patch material for street repairs. Council member John Walz moved to accept the low bid from PMSI in the amount of $21,240 with funds to come from Capital Improvement – Streets. Council member Jolene Niernberger seconded the motion. The motion carried 6-0.
Personnel: Policy
Ms. Burton presented an updated resolution authorizing City employees to utilize the City credit card for necessary expenditures. The resolution has been updated for the addition of an employee. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve Resolution No. 513 authorizing current employees to use the City credit card. The motion carried 5-1, with Council member Gary Luea opposed.
General Government: Committee
Mayor David McDaniel reviewed a letter from the League of Kansas Municipalities providing the City an opportunity to register a voting delegate to represent the City in the affairs of the League. Council member John Walz moved and Council member Holly Aschenbrenner seconded a motion to elect Jolene Niernberger as the LKM voting delegate. The motion carried 6-0, with Council member Jolene Niernberger abstained. Council member Bob Redger moved and Council member Gary Luea seconded a motion to elect John Walz as the LKM alternate voting delegate. The motion carried 6-0, with Council member John Walz abstained.
General Government: City Code
Council member Bob Redger discussed the Ellis Golf Club’s request to loosen the restrictions on using firearms within city limits. He asked for Council to consider a variance allowing the Club to file a permit with the Police Department to use a shotgun to eliminate the skunk problem. Police Chief Taft Yates and City Attorney Olavee Raub explained the restrictions in place are City ordinances based on State Statutes. Kansas law states it is illegal to spotlight an animal and to discharge a firearm in the city limits, unless under specific circumstances. Ms. Raub will research the statutes to determine if a variance is provided for in the case of nuisance animals. Council member Gary Luea suggested the Club consider hiring a professional trapper as killing the skunks will cause an unpleasant odor in the residential area near the course. Kansas Wildlife and Parks might also be able to provide assistance. Ms. Raub will have more information for the next meeting.
REPORTS FROM CITY OFFICIALS
Public Works
Water
City Clerk Amy Burton presented the Comparative Water Report for the period June 10th to July 10th and the water well levels.
General Government: Land Acquisition
Ms. Burton discussed the need to acquire right-of-way easements for the water and sewer lines for the newly annexed property. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to direct City Attorney Olavee Raub to draft the right-of-way easements for the annexed land on Lakeview Street. Ms. Raub will confer with Alan on the easement distance. Upon a call for the vote, the motion carried 5-1, with Council member Gary Luea opposed.
Streets: Repair/Maintenance
This fall the Public Works Department will build shoulders on Cedar Lane down to Old Highway 40 to help with drainage. Public Works Director Alan Scheuerman will present bids for striping the street at the next meeting.
Sanitation: Special Project
City Clerk Amy Burton reported the last grass route will be ran October 12th. The fall City-Wide Cleanup has been scheduled for October 19th, and summer hours will tentatively end September 21st.
Police
Police Chief Taft Yates presented the Monthly Activity Report for August and the September Staff Calendar. The Department had several major incidents in August, including assisting with a roll-over accident and investigating suspicious activity near the grade school. The Department has conducted training on new and changing laws, firearms, and taser certification.
City Clerk
City Clerk Amy Burton presented the July Financial Statements consisting of the Statement of Accounts, Security Deposit Worksheet and the Treasurer’s Report.
Ms. Burton presented information from eCivis online grant service. The service helps municipalities find grant opportunities at a subscription price of $690 per year for a 3-year subscription period. Ms. Burton received one request for feedback from another City and was told they do not plan to renew. They are in the last year of their subscription period and have yet to receive a grant award through the service. Council decided to not take any action at this time.
General Government: Training
Ms. Burton announced the early registration deadline for the League of Kansas Municipalities Annual Conference held in October is September 25th. Council members Jolene Niernberger, John Walz, and Mayor David McDaniel expressed interest in attending.
General Government: Zoning
The Council discussed the Application for Special Use Permit by Luke Pechanec. Council member Jolene Niernberger moved to authorize the Mayor to sign the consent agreement related to the application for Mr. Pechanec. Council member Bob Redger seconded the motion. The motion carried 6-0. The Board of Zoning Appeals will hold a hearing on Mr. Pechanec’s application on September 28th.
Water: Special Project
Several months ago the Council expressed interest in helping to sponsor a county-wide water calendar that will offer monthly tips on water conservation and the importance of protecting our water source in Ellis County. Council member Gary Luea moved and Council member John Walz seconded a motion to participate as a Silver Sponsor at a donation of $501 with money to come from the Capital Improvement Fund-Special Project fund. The motion carried 6-0.
Sewer: Repair/Maintenance
City Clerk Amy Burton presented an email received from Brian Spano, Wilson & Co., requesting Council to consider approving $180 to WedgCor Steel Buildings to have the roof of the new addition painted white to match the existing building. Council expressed displeasure at the “nickel and diming” on the building and discussed having the City Attorney dispute the additional charge when the engineer requested an identical building. After further discussion Council member Heather Luea moved to approve the building revision to WedgCor Steel Buildings in the amount of $180. Council member Jolene Niernberger seconded the motion. The motion carried 4-2, with Council members Heather Luea, Jolene Niernberger, Bob Redger, and John Walz voting in favor of the motion, and Council members Holly Aschenbrenner and Gary Luea voting opposed.
Tourism: Special Project
Ms. Burton provided the proof of the back page for the Experience Ellis brochure. Council proposed several changes. Ms. Burton will forward the changes onto the publisher.
Tourism: Repair/Maintenance
The Council reviewed a photo of the billboard a mile east of town. The vinyl is coming off and the pictures are faded. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to replace the vinyl of the billboard at a cost of $720 with money to come from Tourism funds. The motion carried 5-1, with Council member Holly Aschenbrenner opposed.
Clerk: Notice
City Clerk Amy Burton informed Council of a letter being distributed in Ellis from HomeServe. The company offers homeowners the opportunity to purchase insurance on their water and sewer lines. Ms. Burton stressed the City is not associated with this company and for homeowners to consider at their own risk.
Water: Billing
Ms. Burton responded to comments made under Public Forum about the wording in the High Water Consumption Notices sent to residents. Much of the wording in City violation notices come from the City Code sections and City Attorney Olavee Raub reviews the initial letter for accuracy before any letters are mailed to residents. Council member Gary Luea questioned the readings of his meter in recent months. Ms. Burton will check on his readings.
Attorney
City Attorney Olavee Raub requested permission to attend the Joint Prosecutor/Law Enforcement Officer Impaired Driving Seminar in Wichita in October. The seminar is free but the City would need to pay for hotel accommodations. Council member John Walz moved and Council member Bob Redger seconded a motion to approve two nights’ hotel accommodations at the conference rate for Ms. Raub to attend the Impaired Driving Seminar on October 19th – 20th. The motion carried 6-0.
Mayor/Council
Sanitation: City Code
Mayor David McDaniel discussed City Code 15-405 regarding tree limbs and brush. The Public Works Department has had several requests over the last month for special pickups on tree limbs. None of the special pickups met City Code on the length of limbs. Mayor McDaniel gave notice that effectively immediately; requests for limb pickups must meet City Code specifications.
Public Works: Training
Mayor McDaniel reported that Public Works Director Alan Scheuerman has started the building inspector certification program as directed by Council. The Council will discuss with Mr. Scheuerman setting a deadline for completion at the next meeting when he returns from vacation.
General Government: Training
Mayor McDaniel attended the Kansas Mayor’s Association meeting on September 12th. The new election procedures were discussed regarding the transition from April to November elections. The City is still able to hold a Special Election in April for the sales tax issue. At the meeting participants held a mock Council meeting. Mayor McDaniel was pleased to report that Ellis is in compliance with aspects of conducting a Council meeting. He encouraged the Council to consider attending the Regional Supper in Goodland on October 21st.
Council
Council member Gary Luea inquired of any updates on the 10th Street bridge.
Council member Holly Aschenbrenner will be absent at the September 21st meeting. However, she asked for the Mayor to follow up on the installation of the transducers and the dock at the campground.
ADJOURNMENT
Council member Bob Redger moved and Council member Gary Luea seconded a motion to adjourn the meeting. The motion carried 6-0. The meeting adjourned at 10:17 p.m.

Hot days, warm nights in Hays

air conditioner in windowBy BECKY KISER
Hays Post

There’s a good reason your air conditioner seemed to never shut off yesterday.

According to official statistics from the K-State Agricultural Research Center south of Hays, Wednesday’s high was 97 degrees–nowhere near the record of 105 degrees in 1947 on Sept. 16–but it was considerably warmer than a year ago. The high was 81 degrees in Hays on Sept. 16, 2014.

Official weather guy Joe Becker noted this morning that Wednesday was “another warm night. It was still 80° at 11 p.m. CDT last night with the temp gradually falling to 72° at 6 a.m. CDT this (Thursday) morning.”

Hays also recorded 0.02 inches of rain overnight.

Water issues discussion at tonight’s Hays City Commission work session

hays city logo new sizeBy BECKY KISER
Hays Post

A couple of water-related items will be discussed during tonight’s Hays City Commission work session.

The city has entered into a study cost share agreement with the U.S. Army Corps of Engineers (USACE) to study the Lincoln Draw Watershed. The study will look at potential locations for detention basins to reduce flood risk.

According to Stormwater Specialist Steven Walters, Hays is proposing to provide survey and geotechnical services through contracting with an outside engineering firm to meet cost share requirements. The city must provide a minimum $75,000 of in-kind work.

Three firms met the specifications for an RFP issued July 2, 2015, for the services.

Walters is recommending a contract be awarded to the low bidder, Olsson Associates, for field services. The $109,365 project would be paid from the Stormwater Reserve Fund.

Finance Director Kim Rupp will present the final information for an ordinance to approve a Kansas Water Pollution Control Revolving Fund (SRF) loan for the wastewater treatment plant improvement. The facility plan estimates total costs including financing in the amount of $30,260,000, according to Rupp.

Commissioners will also hear an update on marketing activities by the Downtown Hays Development Corporation and the Hays Regional Airport.

City Manager Toby Dougherty will also review the process for the 2016 Essential Air Service (EAS) contract bids for the airport.

The complete Sept. 17, 2015, agenda can be seen here.

Tonight’s work session begins at 6:30 p.m. in Hays City Hall, 1507 Main.  A  city proclamation for Constitution Week will be read and presented preceding the work session at 6:15 p.m.

Missing Catharine teen is located

Peyton missing
Peyton Nicole White (Photo courtesy Ellis Co. Sheriff’s Office)

A 13-year-old runaway girl from Catharine has been located.

According to Ellis County Sheriff Ed Harbin, Peyton Nicole White was found Monday in Wichita. Harbin would not release any other details.

The sheriff’s department said in a news release late last month that White had run away from state DCF care on Aug. 19.

“Despite having some contact with acquaintances through a Facebook account since Aug. 23, she has refused to return to her home in Catharine, Kansas,” the department reported in the news release.

Authorities believed White was in the Sedgwick, Ellis or Osborne county areas and she was not considered to be in danger.

Meier: Travel plaza incentive requests were all ‘non-starters’

Hays City Commissioner James Meier didn't want his fellow commissioners to get all the 'criticism or accolades' regarding their decisions about the Big Creek Travel Plaza proposal.
Hays City Commissioner James Meier said Thursday he didn’t want his fellow commissioners to get all the ‘criticism or accolades’ regarding their decisions about the Big Creek Travel Plaza proposal last week.

By BECKY KISER
Hays Post

Since he “missed all the fun at last week’s work session,” Hays City Commissioner James Meier said Thursday night he wanted to publicly voice his views on the presentation proposal for Big Creek Travel Plaza. Meier was on vacation Sept. 3 when Colby-based NWK Investments, LLC, asked for three types of economic development incentives to build northwest of Hays.

The proposal was withdrawn Wednesday after investors decided the plan could not move forward with funding solely from a Community Improvement District (CID).

Meier said all three incentive requests were “non-starters” for him.

“As far as the IRB (Industrial Revenue Bond) goes, I think that was a non-start for everybody because essentially they were asking the city to give up its sales tax (for construction-related purchases.) As far as the CID (Community Improvement District) goes, if you need 2 percent more on your revenues to make your project work, then you should just charge 2 percent more. As far as the TIF (Tax Increment Funding) goes, if it’s used to pay for public infrastructure, I guess that you can look at that as a good thing. But if somebody builds there anyway, we’re going to get that property tax anyway and we could use it for that public infrastructure.”

The developer had identified $10.5 million in TIF-eligible costs, but only $4 million were for public infrastructure — water, sewer, and street infrastructure. The rest of the TIF eligible costs were for land acquisition, site development and private streets/paving.

After Thursday’s meeting, Vice-Mayor Shaun Musil said he was surprised he “had not heard a lot from the public” after news of the project withdrawal became generally known.

During last week’s presentation, Musil said he thought the travel plaza could be a “huge project for the city” and that he supported the idea.

“But, on the other hand, I think the incentives they were asking for were probably a little too much,” Musil explained as his reason for deciding against a TIF and IRB. “For us to be close-minded and say it’s not a good idea, I think is a mistake on our part. But, you know we can only do so much and at this time, as a group, we didn’t think it was the responsible thing to do for our community.”

Musil hopes the city commission’s decision doesn’t set a precedent for future development.

“One thing I thought about after talking with many people in the community, is it could possibly hurt the school district and Ellis County for 20 years. With low oil prices, they’re already hurting. Even though we’re not really making anything off of it right now, hopefully, within the next 20 years something will be developed. I think the possibilities are endless out there,” Musil added.

“Even though the city doesn’t rely on property taxes, I don’t want to hurt the county or the schools (which do rely on property taxes for their budget funding.) I think that would be a disservice to all of us,” he said.

King’s Gate Addition Phase 2 improvements approved

king's gate addition phase 2 mapBy BECKY KISER
Hays Post

Street, water, storm water and sanitary sewer improvements will move forward in the King’s Gate Addition, Phase 2, after unanimous approval by the Hays City Commission Thursday night. The new housing area is located north of 41st Street and west of Hall Street.

Commissioners authorized a contract with APAC for $639,403.83 to be paid by the developer, Covenant Land and Development, Inc., and by special assessments to the benefit district.

APAC’s bid was higher than that of the other bidder, J Corp, which bid $637,957.70. The developer actually asked for approval of the more expensive bid because APAC can start to work sooner, explained Jesse Rohr, Hays Planning, Inspection and Enforcement superintendent.

“J Corp’s proposal indicated a start date of April 1, 2016, whereas APAC’s proposal indicated a start date of November 30, 2015.  Since the difference in the price between J Corp’s bid  using concrete pavement and APAC’s bid using asphalt pavement is only $1,446, the developer requested awarding the bid to APAC to achieve the earlier start date,” Rohr said.  The adjacent street pavement is asphalt,

APAC is already working in Hays on the 13th Street reconstruction between Main and Milner Streets.  That project is behind schedule.

Vice-Mayor Shaun Musil questioned whether the 13th Street project would be adversely affected by the King’s Gate project.

“The first phase of King’s Gate is the sanitary sewer.  APAC has indicated they would bring one of their crews up from Dodge City which only does underground infrastructure,” Rohr answered.  “They’ve told us it would not pull crews off the 13th Street project.”  “It better not,” interjected Commissioner Henry Schwaller.

The developer will fund 30 percent of the project.  The remaining 70 percent will be paid by the 23 property owners–assessed $22,013.59 each–to be paid at $152.02 per month for 15 years at three percent interest.

king's gate signA request for placement of an island median and subdivision entrance sign at the entrance to King’s Gate Drive was also approved. The 12’x12’x5′ masonry sign would be similar to the Sternberg Museum entrance sign at 27th and Sternberg Drive. Covenant will maintain the sign.

This project follows the plan that has been set forth and constructed in phases over the last five years and will complete the connection of King’s Gate Drive to 41st Street.

Proposed travel plaza in Hays pulled by investors

BigCreekTravelPlazaBy BECKY KISER
Hays Post

The Big Creek Travel Plaza proposed to be built in Hays has been withdrawn by investors.

“They determined that without the TIF (tax increment financing), they were unable to move forward. The package just didn’t move forward,” Aaron White, Ellis County Coalition for Economic Development Executive Director, said Thursday morning.

White said he notified Hays City Manager Toby Dougherty and city staff Wednesday morning of the decision by Colby-based NWK Investments, LLC.

“Obviously, a lot of work was put into this and we would have liked to have seen it be successful. There may be an opportunity to try and rework the project and move something forward at a later date, but at this point in time, I don’t see that happening,” White added.

Hays city commissioners last week rejected two of the three economic development options  available through the city’s economic development policy. They rejected both the TIF application and the IRB (industrial revenue bond) application during a presentation at the Sept. 3 city commission work session. Commissioner James Meier was absent.

James Millensifer, vice president of operations for Chance Management, which would have managed the project, and Hays attorney Don Hoffman, presented a revised plan for Phase 1 of the $28 million project.

After two hours of discussion, during which each commissioner said he supported the full-service truck stop and travel plaza, ultimately they told Millensifer they were interested only in utilizing the third economic development option — a CID (community improvement district) — and directed city staff to begin negotiations with NWK Investments.

TIF sets the property value on the land at its pre-development rate, with the additional tax revenue created by the value of buildings and businesses (the “increment”) used to pay for infrastructure and other capital costs. A CID allows the city to create a district that would add sales tax on goods and services sold within the district to pay for infrastructure and improvements. The CID most recently was used in the ongoing rehabilitation project at the Mall at Hays.

“After last week’s meeting, they (NWK) went back to their investors, ran the numbers, and determined they are not going to move forward with the travel plaza just trying to utilize the CID alone,” White said.

The developer had identified $10.5 million in TIF-eligible costs, but only about $4 million were for public infrastructure — water, sewer, and street infrastructure. The rest of the TIF eligible costs were for land acquisition, site development and private streets/paving. The IRB could have been used to avoid paying sales taxes on any construction materials. The CID request would have imposed an additional 2 percent tax on retail items sold within the CID.

A TIF district was approved by the city for construction of The Home Depot, 1310 E. 41st. CIDs are currently in place at the Hays Mall, 2918 Vine, and the Holiday Inn Express & Suites, 4650 Roth.

The travel plaza would have been built on 23.3 acres of land at the northwest corner of 230th Ave. and 55th Street, just north of the west Interstate 70 exit.

King’s Gate, E. 27th Frontage Road changes on city commission agenda

hays city logo new sizeBy BECKY KISER
Hays Post

Four agenda items scheduled for tonight’s Hays City Commission meeting were moved forward from last week’s work session with little comment.

Commissioners will consider authorizing a contract with APAC in the amount of $639,403.83 for construction of street, water, storm water and sanitary sewer improvements within the King’s Gate Addition, Phase 2. The project will be paid by the developer, Covenant Land and Development, Inc., and Special Assessment to the Benefit District.

This project follows the plan that has been set forth and constructed in phases over the last five years and would complete the connection of King’s Gate Drive to 41st Street.

A request for placement of a proposed island median and sign at the entrance to King’s Gate Dr. will also be considered. The sign would be similar to the Sternberg Museum entrance sign at 27th and Sternberg Drive. Covenant would maintain the sign.

The owner of 1601 E. 27th Frontage Road, Carol J. Purdy, is requesting to rezone the property from single-family residential to multi-family dwelling district. The change was recommended by the Planning Commission following a Aug. 17 public hearing.

The other agenda item involves “heavy” sewer cleaning by the company already contracted to do normal cleaning and videoing of the city sewer system. Commissioners will consider a proposal from Mayer Specialty Services, LLC not to exceed $121,383.40, to be funded from Water and Sewer Capital Reserves.

Utilities Department Director Bernie Kitten estimated there is about 14,000 feet of potential heavy cleaning in the 10 to 24-inch sewer lines.

The complete agenda can be seen here.

The meeting starts at 6:30 p.m. Thursday, Sept. 10, in Hays City Hall, 1507 Main.

Midwest Energy asks to build tower at 13th and Canterbury

Midwest Energy wants to build a 150' free-standing communications tower and equipment building at 13th and Canterbury.
Midwest Energy wants to build a 150′ free-standing communications tower and equipment building at 13th and Canterbury.

By BECKY KISER
Hays Post

Midwest Energy is requesting a special use permit to build a self-supporting telecommunications tower at 13th and Canterbury Streets. The Hays Area Board of Zoning Appeals will consider setting a public hearing for the request during its meeting Wednesday, Sept. 9, at 8:15 a.m. in Hays City Hall, 1507 Main.

An equipment shelter would also be built at 1330 Canterbury Drive, the northeast corner of the intersection and south of the Midwest Energy building.

According to Timothy Flax, Midwest Energy Vice President Information Technology, the 150-foot tower would be erected without guy wires in the northeast corner of the vacant lot, which is owned by MWE.

The purpose of tower and equipment building, Flax said in the special use application, is to “facilitate data and voice telecommunications between Midwest Energy’s corporate office and its numerous remote offices, service centers and substations in its 41-county service area.”

A memo from the Hays Planning, Inspection and Enforcement Division said Midwest Energy has taken the “‘fall zone’ from adjacent properties into consideration even though there are no requirements for such a setback or fall protection.”

The property is zoned C-2, General Commercial and Service District.

New record high set over Labor Day weekend

heat sun hotBy BECKY KISER
Hays Post

It was a hot and windy Labor Day holiday weekend in Hays with a new record high set Sunday.

According to official statistics from the K-State Agricultural Research Center south of town, the temperature reached 107 degrees Sept. 6, breaking the old record of 106 degrees for that date back in 1939.

The temperature broke the century mark all weekend–Saturday and Monday the high in Hays was 101 degrees.

City requires negotiations to advance travel plaza plan

city comm 5 shot
City commissioners support negotiating a CID for the proposed Big Creek Travel Plaza. They rejected the requests for a TIF and IRBs.

By BECKY KISER
Hays Post

After nearly two hours of discussion in front of a full house in the audience, four Hays city commissioners last night agreed to look further at the proposed Big Creek Travel Plaza from NWK Investments, LLC, with some changes.

Commissioner James Meier was absent from Thursday’s work session.

James Millensifer, Vice President of Operations for Chance Management, which would manage the project, and Hays attorney Don Hoffman, presented a revised plan for Phase 1.

Although each commissioner indicated their support of the full-service truck stop that would be built just north of the west I-70 exit, ultimately they rejected two of the three requested economic development opportunities available from the city.

Click HERE for the entire NWK Investments proposal to the city.

Commissioners did not support the request to establish a Tax Increment Finance (TIF) district. There were also mixed reactions on whether to endorse the new request to issue Industrial Revenue Bonds (IRB) as a way to avoid paying sales taxes on any construction materials.

The developer identified $10.5 million in TIF eligible costs, but only about $4 million are for public infrastructure–water, sewer, and street infrastructure. The rest of the TIF eligible costs are for land acquisition, site development and private streets/paving.

Commissioner Henry Schwaller also objected to the absence of information regarding an anticipated Return On Investment (ROI) for the developer, Mike Woofter of Colby. Millensifer responded that their attorney had advised against making that information public.

big creek 3 shot
Gina Riekhof, Gilmore & Bell, James Millensifer, Chance Management, and attorney Don Hoffman review the revised proposal in front of a packed house in city chambers.

Gina Riekhof, Gilmore & Bell, P.C., serves as special counsel representing the city in the proposed Big Creek Travel Plaza and related development project. She told commissioners the city would not be liable for any financial default by the developer.

Ultimately, the commission directed Riekhof and city staff to begin negotiations with NWK Investments for a possible utilization of the third economic development option, a Community Improvement District (CID).

At Schwaller’s insistence, the city also wants to confidentially acquire the developer’s financial statements for the project. Those numbers are required to be submitted within the city’s economic development policy.

“I have no interest in knowing what they’re spending or the revenue they anticipate. I just want to make sure that our contribution is going to make the project viable–for the city and the developer,” said Schwaller.

Millensifer told commissioners he would “go back and ask the folks we’ve been working with to go back and look at our application and give me some advice for some advice on the areas that you are referring to.”

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