ELLIS–Bret Andries was appointed March 7 by Ellis Mayor David McDaniel to fill the unexpired term of Heather Luea, who resigned from the city council. Andries was the next highest vote recipient in last April’s election. McDaniel also appointed Sylvia Kinderknecht to fill the vacancy on the Planning Commission/Board of Zoning Appeals.
Don Younger, representing the Ellis Golf Club, talked to the council about the club’s financial difficulties. The club is already charged the city’s lowest water rate. Younger told the council he’s worried that without some city funds, the club would be forced to close. The Ellis Golf Club has lost $135,000 over the last three years.
The council also heard about public education activities in advance of the Tuesday, April 5, election to approve continuation of the one cent sales tax for bond and interest payments on the water treatment plant.
The complete March 7, 2016, meet minutes follow.
ELLIS CITY COUNCIL REGULAR MEETING Minutes March 7, 2016
CALL TO ORDER
Mayor David McDaniel called the meeting to order at 7:30 p.m. Present were Council members Gary 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
Police Chief Taft Yates asked for an addition under his report to discuss outside agency help during his medical leave.
PUBLIC PRESENT
Don Younger, Phillip Quevillon, Charlene Weber, Dean Gottschalk, Dustin Avey, Buck Driggs, Justine Benoit, Cheryl Kinderknecht, Glen Keller, Ty McCulloch, Amy Varner, Casey Thomlinson, Charles Dick, Nickole Byers, and Steve Ferland.
CONSENT AGENDA
Council member Jolene Niernberger moved to approve the consent agenda containing the Minutes from the Regular Meeting on February 15, 2016, Minutes from the Special Meeting on February 19, 2016, and Bills Ordinance #1992. Council member Bob Redger seconded the motion. The Council approved the consent agenda 4-0.
PUBLIC COMMENTS
Phillip Quevillon asked about possible meeting locations in Ellis to host Toastmaster events. He also offered his services for announcing sports events, if needed.
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
None
SPECIAL ORDER
Financial: Special Project
The Fort Hays State University Leadership 310 Team gave a short presentation on their plan to educate the residents on the importance of the sales tax election on April 5th. They will be distributing flyers to residents and also attending community events to help spread awareness of the election. The Team consists of Amy Varner, Charles Dick, Ty McCulloch, and Casey Thomlinson. The City is asking residents to approve the continuation of the one cent sales tax to pay the bond and interest payments on the Water Treatment Plant.
Streets: Grant
Justine Benoit, Western Kansas Planning & Development, presented the Grant Agreement between the City of Ellis and the State of Kansas Department of Commerce. The City was awarded a Community Development Block Grant in the amount of $400,000 with the City matching funds of $413,859. Council member Jolene Niernberger moved and Council member John Walz seconded a motion to approve the CDBG Grant Agreement with the State of Kansas and authorizing the Mayor to sign. The motion carried 4-0.
General Government: Financial
Dustin Avey, Piper Jaffray, visited with Council about refinancing the City’s 2006 General Obligation and Revenue Bond issues. The City could save approximately $500,000 by taking advantage of low interest rates and refinancing the outstanding bonds. All costs of issuance would be paid out of the bond proceeds from refinancing. The City could keep the bond payments the same and pay the bonds off early, or elect to defer payments by taking the savings at the beginning of the debt schedule. Mr. Avey stated the City would need to hire someone to submit the continuing disclosure statements annually. The Council will further consider refinancing the bonds at the next Council meeting.
Water: Accounting/Billing
Don Younger, representing the Ellis Golf Club, informed Council of a financial hardship the Club is experiencing. Mr. Younger requested the City combine their water meters into one bill in order to get a lower rate charged for water use on their monthly bill. City Clerk Amy Burton explained the City does not use a water rate tier system, and that all of the Club’s water usage is charged at the lowest rate of $4.65 per thousand. Mr. Younger then asked if the City could purchase equipment for the Club to save on property and sales tax. He stated that without the City’s help, he is afraid the Club will be forced to close. The Club has lost $135,000 over the last three years.
UNFINISHED BUSINESS
Water: Repair/Maintenance
Buck Driggs, Driggs Design Group, provided results from the recent bid letting for the Waterline Improvement Project. Four bidders inquired on the project and two bidders submitted a proposal – Esfeld Construction and APAC-Kansas. Mr. Driggs stated he normally recommends the low bidder, in this case Esfeld Construction; however, Esfeld Construction had errors in their submitted bid document and has still not responded to his request for contact information for their listed work references. Mr. Driggs does not feel comfortable recommending the award of the contract to Esfeld Construction based on information he has gathered on their work history and the errors in their bid document. Council member Jolene Nierberger moved to reject the Esfeld Contruction bid in the amount of $336,625 due to the concerns stated by Mr. Driggs. Council member John Walz seconded the motion. The motion carried 4-0. Council member Bob Redger then moved to award the Waterline Improvement Project contract to APAC Construction in the amount of $346,804.80. Council member John Walz seconded the motion. The motion carried 4-0.
Water Exploration: Special Project
Public Works Director Alan Scheuerman stated that requests for bids for drilling additional test holes were sent to five companies. Two companies submitted bids – Sargent Drilling and Layne Christensen. Council member Bob Redger moved and Council member John Walz seconded a motion to accept the low bid from Sargent Drilling to drill test holes for up to six sites with funds to come from the Capital Improvement – Water Exploration Fund. The motion carried 4-0.
Water Exploration: Special Project
Council member John Walz moved to authorize the Mayor to sign the Voluntary Dismissal of an Application for Permit to Appropriate Water. Council member Jolene Niernberger seconded the motion. The motion carried 4-0.
Campground: Special Project
Mr. Scheuerman noted that the Heartland Building Center invoices for dock materials are $137.81 higher than the $9,000 Council approved at the last two Council meetings. Council member Jolene Niernberger moved and Council member Bob Redger seconded a motion to ratify the Heartland Building Center invoices in the amount of $9,137.81, with funds to come from the Campground Fund. The motion carried 4-0.
Streets: Repair/Maintenance
Mr. Scheuerman presented the cost estimate to lay hot-mix on Dorrance Street from 9th – 10th Streets. The City does not have the equipment to perform the work; therefore, APAC would need to lay it while they are in the area later this spring. The total cost for the project is estimated at $119,500. Mr. Scheuerman stated that in order to complete that size of project in addition to the scheduled street seal work for 2016, the Council would need to increase the annual transfer into the Capital Improvement-Street fund in order to have sufficient funds to match the CDBG grant award. He again discussed Lakeview Street repairs and how spreading that project over three years, as presented, could still preserve adequate funds to meet the required CDBG match. Mr. Scheuerman requested guidance from Council on what project to undertake in that letters need to be sent out requesting assistance and materials need to be ordered. He noted that discussion has been ongoing on the additional projects since late January and he believes a decision needs to be made soon or materials and assistance may no longer be available. Council member Gary Luea inquired of City Attorney Olavee Raub about the City’s ability to assess special assessments to those residents benefitting from the Lakeview Drive repairs. Ms. Raub stated that special assessments may only be charged to those residents living in the city limits and that there is a statutory process the City would need to follow, including holding a public hearing, to assess any special assessments to residents. It was the consensus of Council to table further discussion until the next Council meeting.
Streets: City Code
City Attorney Olavee Raub presented a proposed ordinance extending the amount of time residents have to clear their sidewalks after a snow or ice storm from six hours to twelve hours. Council member Gary Luea moved and Council member Bob Redger seconded a motion to approve Ordinance No. 1397 amending Code Section 13-502 regarding ice and snow removal. The motion carried 4-0.
NEW BUSINESS
Personnel: Exit/Entry
Mayor David McDaniel read a prepared statement that due to the resignation of Council member Heather Luea, it is his statutory duty to recommend a replacement for the vacancy for Council’s consideration. With that, Mayor McDaniel recommends the appointment of Bret Andries to fill the unexpired term of Heather Luea. Mr. Andries was the next highest vote recipient in last April’s election. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve the appointment of Bret Andries to fill the unexpired term on Council. The motion carried 4-0.
General Government: Committee
Mayor McDaniel recommended the appointment of Sylvia Kinderknecht to fill the vacancy on the Planning Commission/Board of Zoning Appeals. Council member John Walz moved and Council member Bob Redger seconded a motion to approve the appointment of Sylvia Kinderknecht to fill the unexpired term on the Planning Commission/Board of Zoning Appeals. The motion carried 4-0.
Parks: Event Request
Council member Bob Redger moved to approve the Public Property Permit Applications, Event Requests for Traffic Control, and Noise Permit Application for the EHS Alumni Association, contingent on the Chamber of Commerce submitting an approved Cereal Malt Beverage license application. Council member John Walz seconded the motion. The motion carried 4-0. The applications are for the annual EHS alumni activities on May 27-28th.
General Government: Committee
Council members John Walz and Jolene Niernberger spoke on the Kansas PRIDE Program and their recent committee meeting. The program aims to help communities enhance their quality of life through volunteer efforts. Ellis has already participated in the First Impressions Committee portion and the next step is to adopt a resolution committing to the program. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to adopt Resolution No. 523 committing to the Kansas PRIDE Program. The motion carried 4-0.
Special Machinery: Acquisition
City Clerk Amy Burton presented three bids for a new copier/printer for the Clerk’s office. The current copy machine is almost 14 years old and the printer is 15 years old. After discussing the various office machines and service history with the City, Council member Gary Luea moved to approve the proposal from Tri-Central Office Supply for a Savin MP-4054SP copier in the amount of $5,150, and to enter into the maintenance and supply agreement for $1,280 per year after the warranty expires. Funds for the copier to come out of the Special Machinery fund. Council member Bob Redger seconded the motion. The motion carried 4-0.
Personnel: Policy
Police Chief Taft Yates asked Council to consider adding a specialization to the list included in the Personnel and Policy Manual. Officer Chris Krom recently attended a class on Child Safety Seat installation and he would like that specialization included on the list. Employees are awarded a small pay increase for those certifications/specializations stated in the manual. City Attorney Olavee Raub will draft revisions to the policy for consideration at the next meeting adding wording that the list is not all-inclusive and that certifications/ specializations may be approved by department heads.
Water: Repair/Maintenance
Public Works Director Alan Scheuerman informed Council of problems with the high speed pump at the Water Treatment Plant. Mr. Scheuerman contacted Layne Christensen to inspect and remove the pump for possible repairs. Mayor David McDaniel approved the emergency repair prior to the Council meeting. Council member Gary Luea moved and Council member Bob Redger seconded a motion to ratify the quotation from Layne Christensen in the amount of $2,402.50 for the emergency repair to the high speed pump at the Water Treatment Plant, with funds to come from the Water Utility fund. The motion carried 4-0.
REPORTS FROM CITY OFFICIALS
PUBLIC WORKS
Public Works Director Alan Scheuerman read a note received last week from Jolene Niernberger acknowledging the tragedy in Hays whereby a trench collapsed killing two people. Ms. Niernberger stated she recognizes the danger in the work the Department performs and appreciates Mr. Scheuerman’s efforts in implementing safety measures.
Water
Mr. Scheuerman presented the Comparative Water Report for the periods December 10th – January 10th, and from January 10th – February 10th. He also presented the Well Levels and Average Daily Water Use spreadsheets. Mr. Scheuerman noted that the well levels are starting to drop and the creek is drying up again.
Water: Training
Mr. Scheuerman requested approval to attend floodplain training in Emporia and El Dorado this spring. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to allow Public Works Director Alan Scheuerman to attend floodplain training in El Dorado and Emporia in April and May. The motion carried 4-0.
Public Works: Disposal
It was the consensus of Council to have Mr. Scheuerman sell the old welder on the Purple Wave Auction site.
POLICE
Police Chief Taft Yates reported that the Highway Patrol has brought to Ellis a granite stone memorializing Marshall Andrew Miller from the Memorial Wall in Topeka. Chief Yates will contact the family to see if they would like the stone.
Chief Yates presented the February Activity Report and the March Staff Calendar. He noted that the calendar will be changing due to unforeseen circumstances. Chief Yates will be having surgery next week on a broken bone and will be on light duty for some time.
Personnel: Entry
Council member Jolene Niernberger moved and Council member Bob Redger seconded a motion to allow Police Chief Taft Yates to seek additional certified part-time officers to help out the Department on an as-needed basis. The motion carried 4-0, with Council member Gary Luea abstaining. Council member Bob Redger asked for City Clerk Amy Burton to add discussion of hiring procedures to the next Council agenda.
Police: Training
Chief Yates informed Council that prior to the Hesston shooting all Department officers participated in six hours of active shooter training in Hays.
CITY CLERK
City Clerk Amy Burton presented the January health insurance summary. She also noted that the Clerk’s office has two interns from Fort Hays State University working with her office this semester on two different projects. One intern is developing a wellness program for the City and the other intern is helping with a policy for onboarding/offboarding employees. Ms. Burton also informed Council that her office is looking at prices to replace the laptop in the Council room.
ATTORNEY
City Attorney Olavee Raub will visit with Fire Chief Denis Vine regarding a policy for fire calls due to automatic smoke detectors when the resident is not responding to the door. She also suggested the City consider a budget pay system for the Golf Club’s utility bills. Council will address both items at the next Council meeting.
MAYOR UPDATE AND ANNOUNCEMENTS
Mayor David McDaniel has contacted County Commissioner Marcy McClelland and asked her to present a report to the Council.
Mayor reminded Council that at the March 21st Council meeting Steve Samuelson with FEMA will present on the Community Rating System Program. He would like for the Trades Board to be invited to that meeting.
General Government: Special Meetings
Mayor McDaniel noted that meetings need to be scheduled with the Trades Board and the Cemetery Committee to follow up on open items. It was decided to have a joint meeting with the Trades Board on March 24th at 7:00 p.m., and a joint meeting with the Cemetery Committee on March 29th at 7:00 p.m.
ADJOURNMENT
Council member Bob Redger moved and Council member Gary Luea seconded a motion to adjourn the meeting. The motion carried 4-0. The meeting adjourned at 10:08 p.m.