ELLIS–Sewer and sanitation rates will go up for Ellis customers beginning with their Nov. 1, 2016, utility bills. The increases were approved 4-1 by the Ellis city council during their Aug. 15 meeting.

An ordinance approving automatic utility rate increases also passed by a 4-1 vote. Those will become effective Nov. 1, 2017. Council member Holly Aschenbrenner opposed the three measures.

The council also talked about making changes to the City Complaint and Claim form which is used by residents to file a complaint or claim for damages. City Attorney Olavee Raub explained the current form does not address a complaint filed against a department head. Council members also talked about the need for a third party on the investigatory panel. Raub will make revisions to the policy for discussion at the next city council meeting.

The complete meeting minutes follow.

ELLIS CITY COUNCIL REGULAR MEETING Minutes August 15, 2016

CALL TO ORDER
Mayor David McDaniel called the meeting to order at 7:30 p.m. Present were Council members Bret Andries, Holly Aschenbrenner, 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 Gary Luea was absent.
PLEDGE OF ALLEGIANCE
AMENDMENTS TO AGENDA
Mayor David McDaniel requested the addition of an executive session under attorney/client privilege.
PUBLIC PRESENT
Doreen Timken, Charlene Weber, Glen Keller, Cheryl Kinderknecht, Mark Lorimer, Kyle Bahr, Dena Patee, Craig Seibel, Nan Brown, Martin LaBarge, Brent Cain, and Matt Gabel.
CONSENT AGENDA
Council member Bob Redger moved to approve the consent agenda containing the Minutes from the Regular Meeting on August 1, 2016, Minutes from the Special Meeting on August 8, 2016, and Bills Ordinance #2003. Council member Bret Andries seconded the motion. The Council approved the consent agenda 5-0.
PUBLIC COMMENTS
Mark Lorimer spoke to Council about concerns with the Public Works Department and the timeframe for employees in that department to obtain certifications.
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
None
SPECIAL ORDER
Streets: Repair/Maintenance
Brent Cain, 2013 Walnut Street, discussed with Council the drainage problems he is having at his residence due to runoff from the alley and field to the east of his residence. Mr. Cain has taken preventive measures by rocking areas of his residence, but is asking the City to consider installing curb and guttering on that street to help further alleviate the drainage problem. City Attorney Olavee Raub stated the City’s Policy on Guidelines for Infrastructure provides that it is the developer’s responsibility to install the curb and guttering. Council directed Public Works Director Alan Scheuerman to obtain proposals for an engineering study to estimate a cost to correct the Walnut Street drainage problem, as the issue extends north to the 20th Street park area as well.
UNFINISHED BUSINESS
General Government: Contracts
Kyle Bahr, Golden Belt Telephone, presented a proposal to install WIFI at City Hall. Mr. Bahr presented both purchase and lease options for different coverage areas in the building. Council discussed the different options and the need for WIFI if Council would transition to electronic Council packets. Council directed City Clerk Amy Burton to obtain cost estimates for eight laptops to use at Council meetings.
General Government: Training
Council member John Walz reported that Gina Smith, FHSU Kelly Center Director, is able to hold an entity-wide training session on September 14th from 3:30 p.m. – 5:00 p.m. Ms. Smith is able to perform the training at no charge to the City. City staff and governing body members are encouraged to attend.
General Government: Policy
City Attorney Olavee Raub reviewed the current City Complaint and Claim Form. The form serves a dual purpose for residents to either file a complaint or claim for damages. Ms. Raub recommended separating the two purposes into different forms as different information would be needed for each. Procedures would still be needed if the complaint was on a department head as the current form does not address that situation. Council also discussed who should serve as the third party on the investigatory panel. The individual should be a neutral party and would need to sign a confidentiality agreement. Council suggested the Mayor appoint an outside consultant to serve as the third party, subject to Council approval. Council discussed not setting a timeline for completion of the investigation; however, status updates will be made to the complainant and governing body every 30 days. Ms. Raub will make revisions to the policy for further discussion at the next Council meeting.
Sewer: City Code
Council member John Walz moved to approve Ordinance No. 1405 amending the sewer rates. Council member Bob Redger seconded the motion. The motion carried 4-1, with Council member Holly Aschenbrenner opposed. The amended rates will be effective with the November 1, 2016 utility bills.
Sanitation: City Code
Council member John Walz moved to approve Ordinance No. 1406 amending the sanitation rates. Council member Jolene Niernberger seconded the motion. The motion carried 4-1, with Council member Holly Aschenbrenner opposed. The amended rates will be effective with the November 1, 2016 utility bills.
Water/Sewer/Sanitation: City Code
Council discussed an ordinance providing for automatic utility rate increases. City Clerk Amy Burton requested the effective date be changed to November 1, 2017 due to the Utility Clerk’s workload requirements at year-end. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve Ordinance No. 1407 providing for automatic annual increases to the utility rates, with the effective date adjusted as presented. The motion carried 4-1, with Council member Holly Aschenbrenner opposed.
NEW BUSINESS
Sewer: Special Project
Council reviewed the fifth set of Pay Applications for work performed to date on the Wastewater Treatment Plant Project. Council member Jolene Niernberger moved and Council member John Walz seconded a motion to approve Pay Application #5 to APAC in the amount of $100,785.59. The motion carried 5-0.
Council member Jolene Niernberger then moved to approve Pay Request #5 to the Kansas Department of Health & Environment in the amount of $100,785.59. Council member John Walz seconded the motion. The motion carried 5-0.
Council member John Walz moved to authorize the Mayor to sign the necessary pay documents for the Wastewater Treatment Plant project. Council member Bob Redger seconded the motion. The motion carried 5-0.
Water: Special Project
Council reviewed the second set of Pay Applications for work performed to date on the Waterline Improvement Project. Council member Jolene Niernberger moved to approve Contractor’s Pay Estimate #2 in the amount of $44,871.29. Council member John Walz seconded the motion. The motion carried 5-0.
Council member John Walz then moved to authorize the Mayor to sign the necessary pay documents for the Waterline Improvement Project. Council member Bob Redger seconded the motion. The motion carried 5-0.
Municipal Court: City Code
Council member John Walz moved to adopt Ordinance No. 1408 incorporating the 2016 edition of the Standard Traffic Ordinance. Council member Bob Redger seconded the motion. The motion carried 5-0.
Municipal Court: City Code
Council member Bob Redger moved to adopt Ordinance No. 1409 incorporating the 2016 edition of the Uniform Public Offense Code. Council member John Walz seconded the motion. The motion carried 5-0.
Water: Repair/Maintenance
Public Works Director Alan Scheuerman presented two bids for chlorine for the Water Treatment Plant. Council member Jolene Niernberger moved to accept the low bid from Brenntag for 10 – 150 lb. containers of chlorine at a cost of $1,135, with funds to come from the Water Utility Fund. Council member John Walz seconded the motion. The motion carried 5-0.
Sewer: Repair/Maintenance
Mr. Scheuerman presented two bids for a new sewer lift station. The lift station will replace the failed St. Mary’s lift station that caused the emergency response last week. Both stations proposed have top mount pumps for safety purposes. Council discussed how to pay for the new lift station. City Clerk Amy Burton reported there are not adequate funds in the Sewer Utility or Sewer Depreciation Reserve Fund to purchase the new lift station. Kansas Department of Health and Environment has contacted Mr. Scheuerman and will allow the City to add the cost to our open wastewater project loan. The other option would be to take the funds out of the Old Electric monies and have the Sewer Utility fund repay those funds. Council member Bret Andries moved and Council member John Walz seconded a motion to accept the proposal from Haynes Equipment for the Gorman Rupp Lift Station in the amount of $41,666.95, plus any additional electrical and mechanical installation costs, with funds to come from the open KDHE loan. The motion carried 4-1, with Council member Holly Aschenbrenner opposed.
Water: Policy
Council member Holly Aschenbrenner reported the Governor has removed the drought status for the entire State of Kansas and questioned if the City still qualifies for Stage 2 Water Warning under the City’s Municipal Water Conservation Plan, or if a different status would be more appropriate. Public Works Director Alan Scheuerman reported that four of the City’s water wells are not online right now due to rising chemical levels; however, the other four wells are currently handling the demand. Mr. Scheuerman does not believe the City meets any of the triggers listed in the Plan for Stage 1 or Stage 2 water restrictions. City Attorney Olavee Raub added that if the City removes the water conservation restrictions, the City still has ordinances in place restricting the water of vegetation from noon to 7:00 p.m. year-round and prohibiting the waste of water. The City would also relinquish authority over private well owners. After further discussion, Council member Holly Aschenbrenner moved to direct City Attorney Olavee Raub to draft a resolution removing the City from water conservation restrictions. Council member Bret Andries seconded the motion. The motion carried 5-0.
REPORTS FROM CITY OFFICIALS
Public Works
Water
Public Works Director Alan Scheuerman presented the Comparative Water Report for the period June 10th to July 10th. The latest water well levels were also reviewed. Mr. Scheuerman has contacted Union Pacific Railroad on the drainage issue at 10th Street and Spruce.
Water: Training
Council member John Walz moved and Council member Jolene Niernberger seconded a motion to allow Mr. Scheuerman to attend Floodplain Management Training in Mulvane on September 7th – 9th. The motion carried 5-0.
Sewer: Insurance
EMC Insurance has been contacted regarding the failed St. Mary’s lift station to see if a claim could be filed.
Licenses/Permits
Council opened discussion once again on education requirements for contractors. Mr. Scheuerman plans to attend the Hays Trades Board meeting in November and will revisit contractor licensing with Council after that meeting.
Campground: Special Project
Council member Holly Aschenbrenner inquired about the status of bids for the campground expansion. Mr. Scheuerman reported that the contractors only have conceptual drawings, not specific plans, on which to draw up proposals. After discussion, City Attorney Olavee Raub suggested Council establish a Campground Committee with the various contractors to discuss details of the expansion.
Police
Police Chief Taft Yates updated Council on his Department. Several officers participated in the Muscular Dystrophy Association fundraiser last weekend. Sergeant McCollam began her new position August 13th.
City Clerk
City Clerk Amy Burton reported the Dog Days of Summer event was a success. The Pool closed to the public August 12th; however, the Ellis High School sports teams have asked to use the pool this week for sports conditioning.
Attorney
City Attorney Olavee Raub has been in contact with Natare regarding the warranty on the pool liner. Ms. Raub brought to Council’s attention an article in the latest Government Journal regarding social media and e-hostility with government.
Mayor Update and Announcements
Mayor David McDaniel reported that both the Trades Board and the Senior Advisory Committee have a vacancy to fill.
Mayor McDaniel will attend the Kansas Mayor’s Association on August 24th.
With Labor Day the first Monday in September, the next Council meeting will be Tuesday, September 6th.
Mayor McDaniel and Council members John Walz and Jolene Niernberger gave an update from the recent KOMA/KORA training they attended in Hays.
EXECUTIVE SESSIONS
Mayor David McDaniel called for an executive session under attorney-client privilege. A 15-minute executive session was proposed starting at 9:42 p.m. Mayor McDaniel asked for a motion to recess. Council member Jolene Niernberger moved and Council member Bret Andries seconded a motion to recess to executive session under attorney-client privilege with the City Attorney present. The motion carried 5-0. The Council returned to open session at 9:57 p.m. No action was taken in executive session.
Mayor David McDaniel called for an additional executive session under attorney-client privilege. A 10-minute executive session was proposed starting at 9:58 p.m. Mayor McDaniel asked for a motion to recess. Council member Bob Redger moved and Council member John Walz seconded a motion to recess to executive session under attorney-client privilege with the City Attorney present. The motion carried 5-0. The Council returned to open session at 10:08 p.m. No action was taken in executive session.
ADJOURNMENT
Council member Holly Aschenbrenner moved and Council member Bob Redger seconded a motion to adjourn the meeting. The motion carried 5-0. The meeting adjourned at 10:10 p.m