ELLIS–Ellis city council members have approved a bid from APAC-Kansas, Hutchinson, modifications to the city’s wastewater treatment plant. Council member Gary Luea voted against the motion during the Jan. 4 meeting.
The council also approved the first reading of a proposed ordinance increasing the city’s portion of court costs assessed to $54.00, which would raise the total court costs charged to $75.00. Bob Redger voted again the motion. The revised ordinance will be considered for approval at the next city council meeting.
The complete Jan. 4, 2016, minutes follow.
ELLIS CITY COUNCIL REGULAR MEETING Minutes January 4, 2016
CALL TO ORDER
Mayor David McDaniel called the meeting to order at 7:30 p.m. Present were Council members 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. Council member Holly Aschenbrenner was absent.
PLEDGE OF ALLEGIANCE
AMENDMENTS TO AGENDA (if needed)
Council member Gary Luea requested an executive session at the end of the agenda.
PUBLIC PRESENT
Craig Stockebrand, Doug Goetz, Steve Homburg, Cheryl Kinderknecht, and Glen Keller.
CONSENT AGENDA
Council member John Walz moved to approve the consent agenda containing the Minutes from the Regular Meeting on December 21, 2015 and Bills Ordinance #1988. Council member Heather Luea seconded the motion. The Council approved the consent agenda 5-0.
PUBLIC COMMENTS
None
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
None
SPECIAL ORDER
None
UNFINISHED BUSINESS
Sewer: Repair/Maintenance
Doug Goetz and Craig Stockebrand, Wilson and Company, reviewed the Bid Tabulation Summary from the recent bid letting for the modifications to the City’s wastewater treatment plant. The apparent low bidder was APAC-Kansas, Hutchinson, KS. When asked about liquidated damages, Mr. Goetz stated that the industry standard of $500 per day will be charged after 250 calendar days has passed from when the Notice to Proceed is issued. Mr. Goetz also reviewed the Summary of Project costs and explained the $25,000 contingency allowance which is standard on retro-fit type projects. Wilson and Company would have to approve the contractor using the contingency funds prior to disbursement. City Attorney Olavee Raub stated she is waiting for Penco Engineering to supply her with the legal description for the wastewater treatment plant so she can complete the Site Certification for KDHE. Ms. Raub stated the Council could wait to award the contract, or award the contract contingent on approval of the Site Certification. Council member Jolene Niernberger moved and Council member Heather Luea seconded a motion to award the contract for the wastewater treatment facility improvements to APAC-Kansas, Hutchinson, KS, contingent on KDHE approving the site certification. The motion carried 4-1, with Council member Gary Luea opposed.
General Government: Financial
Council considered a resolution calling for an election to renew the one cent sales tax designated to service the general obligation bonds on the water treatment plant. City Attorney Olavee Raub stated the timeline for a sales tax election is specific in that the resolution may not be approved any sooner than 90 days prior to the election. This Council meeting is at day 91; therefore, Council will need to wait to consider approval of the resolution until the January 18th Council meeting. This item will be tabled until the next meeting.
General Government: City Code
Council performed a second reading of a proposed charter ordinance transitioning the City from April to November elections. Ms. Raub stated the proposed charter ordinance still provides for staggered two-year terms and will take effect for November 2016. Council member John Walz moved to approve Charter Ordinance No. 24 transitioning to November elections beginning in 2016. Council member Gary Luea seconded the motion. The motion carried 6-0, with Mayor David McDaniel allowed to vote on Charter Ordinance matters.
NEW BUSINESS
General Government: Financial
Council considered a resolution exempting the City from Generally Accepted Accounting Principles’ requirements for financial reporting. Council member John Walz moved and Council member Bob Redger seconded a motion to approve Resolution No. 518 waiving GAAP financial reporting requirements for 2016. The motion carried 5-0.
General Government: City Code
Council considered a proposed ordinance providing for an additional regular Council meeting each January. With governing body elections transitioning to November, the newly elected will take office the second Monday in January, hence the reason an additional meeting is necessary. Council member Bob Redger moved and Council member Jolene Niernberger seconded a motion to adopt Ordinance No. 1395 providing for an additional regular Council meeting the second Monday of each January beginning in 2017. The motion carried 5-0.
Municipal Court: Fines/Fees
Council performed a first reading of a proposed ordinance increasing the City’s portion of the court costs assessed to $44.00, which would raise the total court costs charged to $65.00. City Attorney Olavee Raub explained the Education Fund portion of the State court costs has increased from $0.50 to $1.00. It would also be an opportune time to consider raising the City’s portion of the court costs as well, due to adding an additional court date per month and the increased Municipal Judge fees as a result. The City has not raised court costs since 2010 and the City’s court costs are one of the lowest in the area. Council member Gary Luea moved to revise the proposed ordinance to amending the City’s portion of the court costs to $54.00, making the total court costs assessed $75.00. Council member John Walz seconded the motion. The motion carried 4-1, with Council member Bob Redger voting opposed. The revised ordinance will be considered for approval at the next Council meeting.
General Government: City Code
Any time the City annexes property into the city limits, Kansas Statutes require the City to adopt a resolution re-defining the boundaries of the City. In 2015, the City annexed property south of Lakeview Street. Council member John Walz moved to adopt Resolution No. 519 re-defining the boundaries of the City of Ellis. Council member Heather Luea seconded the motion. The motion carried 4-1, with Council member Gary Luea voting opposed.
Street: Repair/Maintenance
Public Works Director Alan Scheuerman reported only sixteen city blocks are left to be crack patched and sealed during the 2016 Street Rehabilitation Project. Three of those blocks are included in the Waterline Improvement Project, and three other blocks involve Dorrance and Lakeview Streets, leaving only eleven blocks for the current rehabilitation project. Since the polymer seal used on the streets lasts five to six years, the City would have two years before having to begin crack patching and sealing the streets again. With favorable pricing of oil and asphalt right now, the City could perform a major rework of Dorrance from 13th Street through Lakeview in between starting the street sealing again. As an alternative, Mr. Scheuerman also reported a stretch of the brick street along Washington needs reworked. The Council could choose to perform that rework instead of Lakeview Street. Council member Gary Luea stated he would prefer to rework the brick street, due to more traffic on that street, and requested Mr. Scheuerman provide cost estimates of each alternative for consideration. Mr. Scheuerman will provide cost estimates of both options for the next meeting.
Street: Repair/Maintenance
Mr. Scheuerman contacted Penco regarding a possible survey performed years ago on the alleyway in the 800 block of Washington Street. No records were found of the survey. Mr. Scheuerman explained the difficulties in getting the alley to drain properly, including buried utility lines, turning points in the drain, and the size of the pipe, among others. Mr. Scheuerman will research options to remedy the drainage issue for further discussion.
REPORTS FROM CITY OFFICIALS
Public Works
Mr. Scheuerman reported he will begin interviews next week for the vacant grounds position in the Department.
Midwest Energy plans to take down the Christmas stars on Wednesday.
Mr. Scheuerman will attend the Smoky Hill/Saline River Advisory Board meeting on January 8th.
Police
Police Chief Taft Yates presented the December Activity Report and the January staff calendar.
City Clerk
City Clerk Amy Burton reported she will conduct interviews January 6th – 8th for the vacant Clerk II position.
The City solicited pricing from three restaurants in town for the City’s Christmas party. Only one venue submitted pricing that would not exceed the allowance set by Council.
Attorney
City Prosecutor Cassy Zeigler will attend the February 1st Council meeting to observe. Ms. Zeigler will then attend the February 15th meeting in City Attorney Olavee Raub’s absence.
Mayor Update and Announcements
An organizational meeting of the PRIDE Committee will take place on January 9th at 10:00 a.m. at City Hall.
The annual St. Mary’s Carnival will be held January 31st at St. Mary’s school.
Council will schedule a joint work session with the Trades Board on January 19th at 7:00 p.m.
Mayor David McDaniel hopes to have appointments to the vacant position on the Cemetery Committee and Planning Commission for consideration at the next meeting.
EXECUTIVE SESSIONS
Mayor David McDaniel called for an executive session to discuss property acquisition. A 10-minute executive session was proposed starting at 9:17 p.m. Mayor McDaniel asked for a motion to recess. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to recess to executive session to discuss property acquisition with the City Attorney present. The motion carried 5-0. The Council returned to open session at 9:27 p.m. No action was taken in executive session.
ADJOURNMENT
Council member John Walz moved and Council member Bob Redger seconded a motion to adjourn the meeting. The motion carried 5-0. The meeting adjourned at 9:28 p.m.
 
			