ELLIS–Longtime Ellis Fire Chief Denis Vine is retiring. His last day on the job is Jan. 4. Mayor David McDaniel hopes to make an appointment to the position at the Jan. 3 city council meeting.
The city will let bids Jan. 18 for the street improvement project, with the contract expected to be awarded by March 1.
The complete Dec. 19, 2016, meeting minutes follow.
ELLIS CITY COUNCIL REGULAR MEETING Minutes December 19, 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, 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, Fire Chief Denis Vine, and City Attorney Olavee Raub.
PLEDGE OF ALLEGIANCE
AMENDMENTS TO AGENDA
None
PUBLIC PRESENT
Glen Keller, Susan Eaton, Buck Driggs, Cheryl Kinderknecht, Dustin Vine, Westin Vine, and Luke Karlin.
CONSENT AGENDA
Council member Jolene Niernberger moved to approve the consent agenda containing the Minutes from the Regular Meeting on December 5, 2016 and Bills Ordinance #2011, with the exception of the invoices from Don’s Electric & Rewind and Vic’s Equipment Service, which will be considered later on the agenda. Council member Bob Redger seconded the motion. The Council approved the consent agenda 6-0.
PUBLIC COMMENTS
Luke Karlin appeared before the Governing Body to submit a formal complaint to the Mayor regarding the Police Department.
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
Public Works: Violation
The Governing Body entered into a Public Hearing at the request of property owner Luke Karlin for the environmental code violations cited at 600 Jefferson Street. The purpose of the Public Hearing is for the Governing Body to hear evidence regarding the cited code violations, and to determine if the violations cited are valid. City Attorney Olavee Raub and Public Works Director Alan Scheuerman reviewed the items needing addressed in the violation notice. Ms. Raub would like to research if skirting on mobile homes is required in the City’s zoning ordinances. Therefore, Council member Bob Redger moved and Council member Holly Aschenbrenner seconded a motion to continue the Public Hearing regarding the code violations cited at 600 Jefferson Street until the next Council meeting on January 3, 2017. The motion carried 6-0.
SPECIAL ORDER
Fire: Training
Fire Chief Denis Vine reported that six volunteer firefighters have expressed interest in the Firefighter I class administered by the Ellis County Rural Fire Department. The 160-hour class is at no cost to the City and the firefighters will be allowed to use the City car to travel to Hays for the training. Council member John Walz moved to compensate the six volunteer firefighters at the local training rate of $25 per day for each day attending the training. Council member Holly Aschenbrenner seconded the motion. The motion carried 6-0.
Personnel: Exit
Fire Chief Denis Vine announced his retirement from the Ellis Fire Department effective January 4, 2017. The Department will hold a retirement reception on January 7th from 3:00 – 4:00 p.m. at the Knights of Columbus hall. Mayor David McDaniel hopes to make an appointment to the position at the January 3rd Council meeting.
Tourism: Committee
Cheryl Kinderknecht, representing the City’s Tourism Committee, presented an advertising proposal package from Eagle Community Television, Eagle Radio and Main Street Media at a total cost of $6,948. The advertising will highlight various Ellis community events throughout 2017. After much discussion, Council member John Walz moved and Council member Bob Redger seconded a motion to approve the contracts with Eagle Radio ($2,448), Eagle Community Television ($3,600), and Main Street Media ($900) for a total cost of $6,948, with funds to come from the transient guest tax monies. The motion carried 6-0, with Council member Holly Aschenbrenner abstaining due to conflict of interest.
UNFINISHED BUSINESS
Water: Special Project
Buck Driggs, Driggs Design Group, updated Council on the status of the Waterline Improvement Project. Public Works Director Alan Scheuerman and Mr. Driggs performed a walk-through with the APAC representative and determined final punch list items for APAC to complete. The project did extend six days past the contract date and the City has the option to collect liquidated damages in the form of $150 per day. Council members Gary Luea and Holly Aschenbrenner noted that there were weeks when APAC wasn’t even on the job site and the project sat dormant. Mr. Driggs reminded Council that when the contract was bid out, the City agreed to allow APAC to work other jobs within the City’s project in order to get more favorable pricing. Mr. Driggs presented the Certificate of Substantial Completion for the Mayor to sign, recognizing the completion of the project with the exception of the few items noted on the document. Council member Jolene Niernberger moved and Council member Bob Redger seconded a motion to waive charging APAC the $900 in liquidated damages for the six days the company was over the contract date. The motion carried 5-1, with Council member Gary Luea voting opposed.
Street: Special Project
Mr. Driggs continued by sharing the projected timeline for the Street Improvement Project. The advertisement for bids will start late next week with the bid letting on January 18, 2017. Mr. Driggs hopes to present the bids to Council on February 6th and award the contract by March 1st. Council directed Mr. Driggs to request completion of the project by August 31st.
General Government: City Code
Council performed a second reading on proposed ordinances establishing time limitations on building, electrical and plumbing permits, and acknowledging that applications for permits and renewal are subject to the fees set forth in the fee schedule. Council member Jolene Niernberger made a motion to adopt Ordinance No. 1411 regarding time limitations and fees for building permits. Council member Bret Andries seconded the motion. The motion carried 6-0. Council member Holly Aschenbrenner moved and Council member Jolene Niernberger seconded a motion to adopt Ordinance No. 1412 regarding time limitations and fees for plumbing permits. The motion carried 6-0. Council member Bret Andries moved and Council member Bob Redger seconded a motion to adopt Ordinance No. 1413 regarding time limitations and fees for electrical permits. The motion carried 6-0.
Personnel: Policy
Council revisited the 2017 Personnel Policies and Guidelines. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve the document as presented. Upon a call for discussion, Council member Gary Luea expressed concerns with the section establishing provisions for employees and the concealed carrying of weapons. City Attorney Olavee Raub stated the City is not allowed to prohibit employees from carrying concealed weapons, and the policy simply establishes provisions if an employee chooses to do so. Upon a call for the vote, the motion carried 5-1, with Council member Holly Aschenbrenner voting opposed.
NEW BUSINESS
Fire: Repair/Maintenance
Council member Holly Aschenbrenner moved to ratify the invoice from Vic’s Equipment Service in the amount of $1,008.41 for the annual inspection and service on the fire trucks. Council member Bob Redger seconded the motion. The motion carried 6-0.
Sewer: Repair/Maintenance
Council reviewed the invoice from Don’s Electric & Rewind for wiring the new St. Mary’s sewer lift station. Council member John Walz moved and Council member Bob Redger seconded a motion to ratify the invoice from Don’s Electric & Rewind in the amount of $3,846.64, with the invoice to be submitted to the Kansas Department of Health and Environment for inclusion with the revolving loan. The motion carried 6-0.
General Government: Committee
Council member Gary Luea moved and Council member John Walz seconded a motion to appoint Sylvia Kinderknecht as the City’s representative to the Ellis County Coalition for Economic Development board of directors. The motion carried 6-0.
General Government: Policy
City Clerk Amy Burton highlighted the proposed revisions to the current Utility Services Policy. One proposed revision makes minor changes to the landlord agreements, and an inspection fee will now be charged for utility service requests for real estate property inspections. Other proposed revisions simply clarify current policy. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve the Utility Services Policy as presented. The motion carried 6-0.
Police: Acquisition
Police Chief Taft Yates requested permission to purchase a used Ford Crown Victoria from another law enforcement agency. The vehicle would be used as a supervisor vehicle and also act as a backup vehicle when needed. Currently, Chief Yates uses his personal vehicle to respond to calls when not on duty. In these situations, Chief Yates is not covered under the City’s insurance policy. The backup vehicle would not be included in the vehicle replacement rotation schedule and would only be replaced when needed. After further discussion, Council member Bob Redger moved and Council member Bret Andries seconded a motion to purchase the used Crown Victoria for the Police Department at a cost not to exceed $3,000, with funds to come from the Police Department budget. The motion carried 4-2, with Council members Holly Aschenbrenner and Gary Luea opposed.
Water: Policy
City Clerk Amy Burton presented the City’s Public Water Supply Emergency Operating Plan for review. The Plan has been updated for well supply data and contact information for key personnel. Council member Jolene Niernberger moved and Council member Bob Redger seconded a motion to approve the 2017 Public Water Supply Emergency Operating Plan as presented. The motion carried 6-0.
Clerk: Accounting/Billing
Council member John Walz made a motion to authorize the City Clerk to pay vendor invoices due and payable at year-end. Council member Holly Aschenbrenner seconded the motion. The motion carried 6-0.
General Government: Financial
City Clerk Amy Burton presented the Fee Information Listing for review. Council discussed changes to the current water tap fees, utility application fee, and delinquent utility penalty percentage. Several of the fees are set by ordinance; therefore, in order to adjust certain fees, ordinances would have to be adopted referencing the fees to be charged to the Fee Information Listing. Council proposed several increases to fees that haven’t changed in over ten years. Council member Bret Andries moved and Council member John Walz seconded a motion to direct City Attorney Olavee Raub to draft ordinances modifying the wording in Code Sections 15-108 and 15-119 to set fees per the Fee Information Listing as adopted by Resolution. The motion carried 6-0.
Personnel: Policy
The Catastrophic Sick Leave Bank Board of Trustees proposed removing the stipulation that leave must be continuous in order to draw from the Bank. Council member John Walz moved and Council member Bob Redger seconded a motion to approve the Catastrophic Sick Leave Bank Program document as presented. The motion carried 6-0.
Special Machinery: Financial
City Clerk Amy Burton discussed the benefits and drawbacks of the General Fund departments (Police, Fire, Park/Cemetery, and Swimming Pool) transferring any excess budget authority to the Special Machinery Fund. By transferring the money to the Special Machinery Fund, those funds can be held for future equipment purchases, thus possibly reducing a future transfer or mill levy increase to help fund those needs. On the other hand, the transfer moves “unrestricted” monies in the General Fund, to a “restricted” status within the Special Machinery fund. Council member Jolene Niernberger moved and Council member John Walz seconded a motion to transfer 50% of the General Fund departments’ excess budget authority to the Special Machinery Fund. Upon a call for discussion, Council member Gary Luea stated that with the tax lid looming he would like to see a larger percentage transferred in that equipment needs may be harder to fund in the coming years. Ms. Niernberger amended her motion to increase the transfer to 75% of the General Fund departments’ excess budget authority to the Special Machinery Fund. Mr. Walz amended his second. Upon a call for the vote, the motion carried 6-0.
Campground: Special Project
Due to the length of the agenda, Council requested this item be tabled until the January 3rd Council meeting.
REPORTS FROM CITY OFFICIALS
Public Works
Public Works Director Alan Scheuerman briefly discussed future infrastructure needs and the funding mechanisms available.
Mr. Scheuerman reported that Charlie Kinderknecht no longer recycles the aluminum cans. The City can take the cans to Coors in Hays for $.20/lb or to Rohr’s Recycling in LaCrosse for $.37/lb. All aluminum can proceeds are given to the Ellis Rotary Club for scholarships and community projects. It was the consensus of Council to take the cans to Coors in Hays and to continue to submit the proceeds to the Ellis Rotary Club.
Police
Police Chief Taft Yates reported that he and Officer Chris Krom presented to the Ellis Rotary on the use of the Taser. All officers have certified with the new Tasers. The Department has set up a new Facebook page to help keep citizens informed.
City Clerk
City Clerk Amy Burton reviewed the Campground Committee’s minutes from their recent meeting. The City’s final assessed valuation from the County increased from earlier estimates, thus reducing the City’s mill levy from 71.156 to 71.008. Ms. Burton highlighted points from a recent webinar she attended on Ethics and Civility.
Attorney
City Attorney Olavee Raub provided an update on outstanding code violation cases. Ms. Raub also reviewed the inquiry letter submitted to the Attorney General regarding Council member-elect Dena Patee.
Mayor Update and Announcements
None
EXECUTIVE SESSIONS
Mayor David McDaniel called for an executive session for personnel matters of non-elected personnel. A 10-minute executive session was proposed starting at 10:04 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 for personnel matters of non-elected personnel with City Attorney Olavee Raub and Public Works Director Alan Scheuerman present. The motion carried 6-0. The Council returned to open session at 10:14 p.m. No action was taken in executive session.
POST EXECUTIVE SESSION
Council member Holly Aschenbrenner moved to authorize Public Works Director Alan Scheuerman to offer incentive based pay to an employee. Council member Bob Redger seconded the motion. The motion carried 5-1, with Council member Gary Luea opposed.
ADJOURNMENT
Council member Bob Redger moved and Council member Gary Luea seconded a motion to adjourn the meeting. The motion carried 6-0. The meeting adjourned at 10:15 p.m.