Draft Copy Not Official Until Approved by CouncilELLIS CITY COUNCIL



September 5, 2017



Mayor David McDaniel called the meeting to order at 7:30 p.m. Present were Council members Bret Andries, Holly Aschenbrenner, Jolene Niernberger, Dena Patee, and Bob Redger.  Also present were Acting Public Works Foreman John Leiker, City Clerk Amy Burton, Police Chief Taft Yates, and City Attorney Olavee Raub.  Council member Susan Eaton and Public Works Director Alan Scheuerman were absent.



City Attorney Olavee Raub requested an executive session under attorney-client privilege. 


Barbara Perkins, Brian Raub, Glen Keller, Nickole Byers, and Charlene Weber (arrived at 7:40 p.m.)


Council member Holly Aschenbrenner moved to approve the consent agenda containing the Minutes from the Regular Meeting on August 21, 2017 and Bills Ordinance #2028.  Council member Bob Redger seconded the motion. The Council approved the consent agenda 5-0.




Mayor David McDaniel read a letter from the City Clerks and Municipal Finance Officers Association congratulating City Clerk Amy Burton on achieving her Certified Municipal Clerk designation.  Mayor McDaniel then presented Ms. Burton with her official plaque.



Water: Contract

City Clerk Amy Burton reviewed the contract with Northwest Kansas Planning and Development Commission for administering the CDBG funds the City will apply for in September.  The contract is contingent on the City receiving the grant.  Council member Jolene Niernberger moved and Council member Dena Patee seconded a motion to approve the Agreement for Administrative Consulting Services of Community Development Block Grant Funds with NWKP&DC in the amount of $20,500.  The motion carried 5-0.


General Government:

Council member Holly Aschenbrenner moved to approve Resolution No. 540 authorizing current employees to use the City credit card.  The resolution has been updated due to changes in the Clerk II position.  Council member Bob Redger seconded the motion.  The motion carried 5-0. 

Streets: Repair/Maintenance

Last year, the Public Works Department added millings to the City’s five dirt streets.  As a second phase to that improvement, the Department would like to seal those streets to increase longevity.  The City has adequate crushed rock for the project; however, oil would need to be purchased for the seal.  Council member Dena Patee spoke against the project noting she would prefer the money be spent on other projects.  Police Chief Taft Yates spoke in favor of the project stating the solid surface provides a safer route for first responders needing to access locations.  Council member Jolene Niernberger moved and Council member Bob Redger seconded a motion to approve the street seal project at a cost of $13,200, with the funds to come from the Capital Improvement-Street fund.  The motion carried 4-1, with Council member Dena Patee voting opposed.

Campground: Contract

City Clerk Amy Burton presented the proposed renewal contract with the Kansas Department of Wildlife, Parks and Tourism for the Lakeside Campground.  The State pays the City a small lease payment twice a year to help offset the costs of maintaining the restrooms and fishing areas.  The current contract expires December 31, 2017.  Council member Dena Patee moved and Council member Holly Aschenbrenner seconded a motion to approve the Cooperative Fishing Access Agreement with the Kansas Department of Wildlife, Parks and Tourism Community Fisheries Assistance Program.  The lease runs from January 1, 2018 to December 31, 2028.  Upon a call for the vote, the motion carried 5-0. 


Public Works

Acting Public Works Foreman John Leiker entertained questions from Council on the Comparative Water Report for the period July 10th – August 10th. 

Mayor David McDaniel addressed the weeds growing north of Trio Home Center.  Public Works Director Alan Scheuerman contacted Union Pacific Railroad representatives back in July and their foreman responded the weeds would be mowed within 60 days. Mr. Scheuerman countered that the City’s policy requests much sooner action, to which he was told the City does not have authority to enter the Railroad’s right-of-way without their permission.    


Police Chief Taft Yates presented the September Staff Calendar and the Monthly Activity Report for August. 

Several citizens have approached Chief Yates regarding the City not having an ordinance prohibiting operable vehicles from parking in the front yards of residences.  Council member Holly Aschenbrenner felt an ordinance was unnecessary and asked where residents should park when many of the City’s streets are too narrow to accommodate more vehicles, plus the added vehicles would then hinder street traffic.  Chief Yates again cited safety for first responders and suggested Council just prohibit parking vehicles in the front yards.  Council directed City Clerk Amy Burton to inquire if other cities have adopted an ordinance prohibiting parking operable vehicles in yards.

City Clerk

Ms. Burton presented information on the Tree City USA program.  The City received this designation from 2003 – 2011.  Mayor David McDaniel requested Council table this item until Council member Susan Eaton is available.     

The draft minutes from the Water Advisory Committee and Planning Commission/Board of Zoning Appeals were included for review. 

Personnel: Entry

Amber Hernandez has been hired for the vacant Clerk II position.  Ms. Hernandez started August 28th. 


City Attorney Olavee Raub reported the property owner at 822 Washington and 1024 Washington has pled guilty to the code violations cited at those properties.  A bench warrant has been issued for the owner of the property on Fauteux Street due to failing to appear in court on the violations cited at that property.  A potential buyer is still in negotiations with the property owner for the purchase of the property destroyed by fire on 12th Street. 


Mayor David McDaniel asked for a motion to recess into executive session at the City Attorney’s request.  Council member Dena Patee moved for City Council to recess into executive session for 15 minutes to discuss a citizen’s claim for damages pursuant to the attorney-client privilege exception, K.S.A. 75-4319 (b)(2) with City Attorney Olavee Raub present.  The open meeting will resume at 8:30 p.m.  Council member Bob Redger seconded the motion.  The motion carried 5-0.  No action was taken in executive session.

Mayor Update and Announcements

Mayor McDaniel announced the League of Kansas Municipalities will hold their annual Regional Supper in Hays on October 4th.  He highly encouraged council members to attend.

The Heartland Community Foundation is hosting a “Strategic Doing” workshop on September 25th in Hays.

The City will host a City-wide Cleanup Day on October 4th.   


Council member Holly Aschenbrenner moved to adjourn the meeting.  Council member Bob Redger seconded the motion. The motion carried 5-0.  The meeting adjourned at 8:35 p.m.









City Clerk