ELLIS–After complaints were lodged Aug. 3 by several Ellis residents about being attacked by dogs in the vicinity of 11th and Cottonwood Streets, city council members discussed the current dangerous dog ordinance during their Aug. 17 meeting.
City Attorney Olavee Raub said Ellis modeled its ordinance after that of the city of Topeka in 2010. Raub is researching whether language could be added that would prevent owners of dangerous dogs to own other dogs in the future.
The governing body agreed the ordinance should focus on the behavior of the dog rather than specific breeds.
The city will publish a synopsis of its animal control provisions in the Ellis Review newspaper and the city’s Town Crier newsletter.
Council members also began discussion of with Police Chief Taft Yates of how to reduce the number of feral cats in town.
In other business, USD 388 Superintendent Bob Young requested installation of a crosswalk from Ellis High School to the east. Public Works Director Alan Scheuerman is investigating the matter.
The complete minutes from the Aug. 17, 2015, Ellis City Council meeting follow.
ELLIS CITY COUNCIL REGULAR MEETING MINUTES August 17, 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 Public Works Director Alan Scheuerman, City Clerk Amy Burton, Police Chief Taft Yates, and City Attorney Olavee Raub.
PLEDGE OF ALLEGIANCE
AMENDMENTS TO AGENDA
Mayor David McDaniel noted the Public Hearing has been cancelled due to the party involved withdrawing their request for a hearing. Therefore, that item will be struck from the agenda.
PUBLIC PRESENT
Mark Flax, Janice Dinkel, Cheryl Kinderknecht, Bret Andries, Robin Henman, Perry Henman, Glen Keller, and Faith Scheck (arrived at 8:10 p.m.)
CONSENT AGENDA
Council member John Walz moved to approve the consent agenda containing the Minutes from the Regular Meeting on August 3, 2015, Minutes from the Special Meeting on August 10, 2015, and Bills Ordinance #1979. Council member Holly Aschenbrenner seconded the motion. The Council approved the consent agenda unanimously.
PUBLIC COMMENTS
Mark Flax spoke to Council about a mow violation letter he received for his rental property at 305 E. 14th. He argued the property is clean and many properties in Ellis are much worse than his. Mr. Flax feels it is unfair to cite one property and not others.
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
None
SPECIAL ORDER
None
UNFINISHED BUSINESS
General Government: City Code
Council considered an ordinance annexing a tract of land into the city limits. A first reading of the ordinance was performed at the last meeting with no suggested revisions. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve Ordinance 1389 annexing property to be known as 1600 Lakeview Street into the City of Ellis. Upon a call for discussion, Council member Gary Luea questioned how future requests of lot splits would be handled. City Attorney Olavee Raub explained future lot splits would be considered by the Planning Commission upon application of the property owners. Upon a call for the vote, the motion carried 6-0.
General Government: Policy
City Attorney Olavee Raub presented sample language in the City of Topeka’s dangerous dog ordinance. The City modeled their ordinance after the City of Topeka in 2010. Council expressed agreement in focusing on the behavior of the dog rather than particular breeds. Council member Holly Aschenbrenner asked if the City could expand the current ordinance to include language preventing owners of dangerous dogs to own other dogs in the future. Ms. Raub stated she is researching if that provision is allowed, and also shifting the burden of proof to the dog owner to show they can be a fit owner. Future ownership of animals could be prevented if successfully prosecuted under a citation for cruelty to animals. Council agreed that all animal owners need to take care of their pets and be held accountable for their actions. The City will publish a synopsis of the animal control provisions in the City Code in the newspaper and Town Crier.
General Government: Policy
City Clerk Amy Burton presented the final 2016-2020 Capital Improvement Plan for consideration. The CIP has been modified to reflect funding provided for in the 2016 budget. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve the 2016-2020 Capital Improvement Plan as presented. The motion carried 6-0.
Water Exploration: Contracts
The City has received an invoice from Ground Water Associates, Inc. for geologist services for investigating additional water sources. Since the area being tested had to be expanded the invoice exceeds the amount approved by Council in the agreement signed May 27, 2014. Council member Jolene Niernberger moved to ratify the invoice from Ground Water Associates, Inc. in the amount of $21,847.96 with funds to come out of the Water Exploration Fund. Council member Bob Redger seconded the motion. The motion carried 6-0.
NEW BUSINESS
General Government: Policy
Council discussed how to reduce the amount of feral cats in the City. Police Chief Taft Yates stated the Humane Society is full and Hays Police Department spends up to $25,000 per year disposing of feral cats. He believes there is a program to vaccinate and neuter feral cats to control diseases and reproduction. The ears would be cropped on the feral cats for identification in the program. Council discussed the possibility of cat owners providing proof of rabies and registering their cat each year, much like dog owners. This would aid in the identification of feral cats. Chief Yates will check into programs available and report back to Council.
Parks: Event Request
Council member John Walz moved and Council member Gary Luea seconded a motion to approve the Public Property Permit Application for USD 388 for the use of Creekside Park for their annual back-to-school staff BBQ on August 25, 2015. The motion carried 6-0.
Streets: Special Project
Public Works Director Alan Scheuerman discussed a letter received from Bob Young, USD 388 Superintendent, requesting a crosswalk from Ellis High School to the east. With the housing development at the south end of town, many kids ride the bus to the high school and then walk home. The hill hinders drivers from seeing children crossing the road, plus the increased traffic when students and staff are entering and exiting the school makes it dangerous for children walking to and from school. The Manual Uniform Traffic Code (MUTC) requires a sidewalk to deposit kids; therefore, a sidewalk would need to be constructed from Monroe to Walnut. The City would need to obtain permission from the property owners to construct the sidewalk and handrails would need to be added at the drainage ditch. Council directed Mr. Scheuerman to obtain more information and present at the next Council meeting.
REPORTS FROM CITY OFFICIALS
Public Works
Cemetery: Acquisition
Public Works Director Alan Scheuerman reported the Cemetery Committee would like to place section markers to help visitors navigate through the cemetery. Council member John Walz moved and Council member Heather Luea seconded a motion to approve the cemetery section marker project at a cost not to exceed $500, with funds to come from the Parks/Cemetery department in the General Fund. The motion carried 6-0.
Water Exploration: Special Project
Mr. Scheuerman reviewed a letter received from the Division of Water Resources stating a land owner has expressed concerns that the City’s potential drilling of a water well may impair the use under an existing water right. Brad Vincent, Ground Water Associates, plans to present a model to the Division of Water Resources showing the water level won’t be impacted. The City has until September 5th to submit information to the State or request an extension.
Streets: Repair/Maintenance
Mr. Scheuerman reported the 2015 Street Rehabilitation Project is almost complete. Mechanical issues slightly delayed the project. Along with the streets, the crews sealed the public parking lot at the corner of Jefferson and 9th Streets. Mr. Scheuerman thanked Ellis County for their help and was very pleased at the quality of work performed.
Public Works: Violation
Council discussed with Mr. Scheuerman the violation notice referenced by Mark Flax during Public Comment. Mr. Scheuerman explained the process on how property owners receive violations. The majority of the time neighbors call in and complain. As Mr. Scheuerman is investigating that property, he may see several other properties in need of maintenance. After the allotted time frame for abatement, Mr. Scheuerman verifies the work is acceptable and usually sees additional properties in need of care. He estimates approximately 40 notices are mailed out each month. In the case of a rental property, both the tenant and the landlord receive the violation notice. Council member Gary Luea suggested publishing the City’s code regulations regarding mowing and weeds in the newspaper and the Town Crier. Council then discussed several other residential and commercial properties in the City that are in need of a violation notice.
Streets: Repair/Maintenance
Mr. Scheuerman responded to complaints that the City spraying weeds in the alleys has killed several gardens. The Department uses a licensed sprayer on staff to spray the alleys and wind is always considered when spraying. Mr. Scheuerman stated it is unlikely the spraying adversely affected any gardens in town.
Police
Police Chief Taft Yates reported the fuel pump in the Dodge Charger needed replaced at a cost of $470.
Chief Yates has received several complaints of students driving against age restrictions. He would like to remind students and parents that drivers under the age of 16 are not allowed to drive to any extracurricular activities, including practice and weight lifting, but may only drive to attend classes at school. Even if the activity is at the school, students under the age of 16 are not allowed to drive on their own.
Chief Yates reported he has volunteers to work on the tire house again and hopes to have it completed by winter.
Park: Repair/Maintenance
Chief Yates reported the street light in Memorial Park has been knocked out three times in two months. The Railroad requires this light for safety as it travels through town. If the light continues to be knocked out, the Railroad may block off the entrances and no longer allow access to the dirt area south of the Park, which is a common area for young adults to congregate. Chief Yates urged parents to talk to their children about the importance of the light and the possible repercussions if the light continues to be broken out. Once school resumes, Chief Yates will visit with officials to notify the students of the situation as well.
City Clerk
City Clerk Amy Burton reported the City has received confirmation from the Kansas Water Office that the Municipal Water Conservation Plan has been approved as presented.
A draft copy of the Cemetery Committee meeting minutes was discussed. The Committee has directed City Attorney Olavee Raub to prepare ordinances for Council consideration at a future meeting. The ordinances will amend several code sections related to the cemetery.
Ms. Burton attended a webinar presented by an online service provider to help find grants for the City. Ms. Burton will provide additional information on the service at the next meeting.
Attorney
Mayor/Council
ADJOURNMENT
Council member Bob Redger moved and Council member John Walz seconded a motion to adjourn the meeting. The motion carried unanimously. The meeting adjourned at 9:08 p.m.