ELLIS–The workload for Ellis City Attorney Olavee Raub is ever increasing, as Raub explained to city council members Monday. She believes the city may need to hire a full time staff attorney.
During discussion of the situation, council members asked if hiring a city administrator would help reduce Raub’s workload. She said that would not only free her up some, it would also likely result in a cost savings for the city. Raub was directed to come up with suggestions on how to cut back her workload for the city. City Clerk Amy Burton will determine cost estimates for a adding a city administrator position.
Thanks to low bids from contractors, the street improvement project in Ellis may be extended.
Buck Driggs, Driggs Design Group, reported to Ellis City Council members Monday work has started on Spruce Street. The next area to be reconstructed is Dorrance Street. Driggs noted the project is about $60,000 under budget. That may allow for adding more work. Driggs said he will come up with cost estimates of more locations for the council’s consideration.
In other business, council members voted to hire Driggs to prepare the Preliminary Engineering Report for the 2018 Waterline Improvement Project.
The complete meeting minutes follow.
ELLIS CITY COUNCIL
REGULAR MEETING
Minutes
April 3, 2017
CALL TO ORDER
Mayor David McDaniel called the meeting to order at 7:30 p.m. Present were Council members Bret Andries, Holly Aschenbrenner, Susan Eaton, Jolene Niernberger, Dena Patee, and Bob Redger. Also present were Public Works Director Alan Scheuerman, City Clerk Amy Burton, Police Chief Taft Yates, City Attorney Olavee Raub, and City Prosecutor Cassy Zeigler.
PLEDGE OF ALLEGIANCE
AMENDMENTS TO AGENDA
Mayor David McDaniel requested the following additions to the agenda: an update on the Street Improvement Project by Buck Driggs, Driggs Design Group; an update from the Tourism Committee on billboard signage; and an Executive Session. Council member Jolene Niernberger moved and Council member Bret Andries seconded a motion to approve the additions to the agenda. The motion carried 6-0.
PUBLIC PRESENT
Buck Driggs, Pamela Dietrich, Bernice Karlin, James Snipes, Pat Bieker, Adeline Henderson, Dennis Bollig, Glen Keller, Joy Fischer, Travis Kohlrus, Cheryl Kinderknecht, Gary Luea, and Luke Karlin.
CONSENT AGENDA
Council member Holly Aschenbrenner moved to approve the consent agenda containing the Minutes from the Regular Meeting on March 20, 2017 and Bills Ordinance #2018. Council member Bob Redger seconded the motion. The Council approved the consent agenda 6-0.
PUBLIC COMMENTS
Bernice Karlin requested permission to park a lift in front of 1016 Washington Street in order to paint the outside of the building. The lift will be there approximately one month and will occupy two parking spaces. Ms. Karlin stated traffic safety cones will be placed around the lift and also on the sidewalk to discourage pedestrians from entering the area. Public Works Director Alan Scheuerman and Police Chief Taft Yates approved Ms. Karlin’s request with the consensus of Council.
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
Mayor David McDaniel proclaimed April 4th as National Service Recognition Day. The Proclamation was read and Mayor McDaniel recognized the Foster Grandparents and Senior Companions in attendance.
SPECIAL ORDER
Public Works: Violation
City Prosecutor Cassy Zeigler updated Council on the status of the code violation notice at 600 Jefferson Street. On January 3rd, Council allowed property owner Luke Karlin 45 days to remedy the stated violations. Ms. Zeigler stated that progress has been made, but not all of the violations have been addressed, therefore she has decided to move forward with a court date regarding the property. Council member Susan Eaton noted that Mr. Karlin is trying to improve the community and encouraged Council to work with him on a timeline. Council member Bob Redger suggested an additional 60 days to allow Mr. Karlin to remedy the violations. At Ms. Zeigler’s discretion, she agreed to give Mr. Karlin an additional 60 days to address the stated code violations.
UNFINISHED BUSINESS
Streets: Special Project
Buck Driggs, Driggs Design Group, reported the Street Improvement Project started last Monday on Spruce Street. The next area to be reconstructed will be Dorrance Street. The contractor hopes to be completed with all locations by June 30th, weather permitting. Mr. Driggs noted that with the favorable contractor bids, the project is approximately $60,000 under budget and suggested possible locations to extend the project to maximize the grant funding. Mr. Driggs will bring cost estimates of different locations for Council to consider.
Water: Special Project
Public Works Director Alan Scheuerman presented maps of the proposed 2018 Waterline Improvement Project area. The City hopes to receive Community Development Block Grant funds to help pay for the project. However, grant applications are due September 30th and it can easily take 6-9 months to prepare the application. Council member Holly Aschenbrenner suggested the City get bids for engineers to prepare the preliminary engineering report for the grant application. Council member Bret Andries noted that in the interest of time, he recommended the City hire Buck Driggs to prepare the report, as he already has familiarity with the City and the City’s waterlines. With that, Mr. Andries moved to hire Buck Driggs, Driggs Design Group, to prepare the Preliminary Engineering Report for the 2018 Waterline Improvement Project as proposed, except for the change in size of the waterline to the Water Tower, in the amount of $2,800. Mr. Andries cited the provision in the City’s Purchasing and Bidding Policy and Procedures allowing the City to hire, without obtaining competitive bids, professional service providers “with a long-term relationship and special knowledge of the City of Ellis in their area of expertise.” Council member Susan Eaton seconded the motion. The motion carried 5-1, with Council member Holly Aschenbrenner opposed.
General Government: City Code
Council performed the first reading of an ordinance amending the Limited Contractor definition to include a provision for “minor construction.” There being no comments or stated opposition to the ordinance, Council member Jolene Niernberger moved and Council member Bret Andries seconded a motion to approve Ordinance No. 1417 amending the Limited Contractor definition. The motion carried 4-2, with Council members Holly Aschenbrenner and Susan Eaton opposed.
General Government: City Code
City Attorney Olavee Raub presented the proposed ordinance amending the lawn sprinkler and irrigation contractor’s license fees to be set by the fee schedule through resolution. Council member Bob Redger moved and Council member Bret Andries seconded a motion to approve Ordinance No. 1418 regarding the license fees for lawn sprinkler and irrigation contractors. The motion carried 6-0.
General Government: City Code
Ms. Raub continued by presenting the proposed ordinance establishing a two-year license for a tree trimming license and setting the fees for the license by resolution. Council member Bob Redger moved and Council member Bret Andries seconded a motion to approve Ordinance No. 1419 as presented. The motion carried 6-0.
NEW BUSINESS
Tourism: Contract
Travis Kohlrus, representing the City’s Tourism Committee, discussed the City’s renewal contract with Lamar for billboard signs on I-70. The Committee proposes releasing the sign at mile marker 211 by Sylvan Grove and concentrating on signs within 30-40 miles of Ellis. The Committee also proposes rewrapping all of the City’s billboards with the common theme of “Visit, Stay, and Play in Ellis.” The Ellis Alliance and Chamber of Commerce have agreed to partner with the City on sharing that common theme among their billboards as well to project a unified message. Council member Jolene Niernberger requested the item be tabled until the April 17th meeting so she could visit the billboard at mile marker 211 and for City Clerk Amy Burton to research if that billboard wrap is the one the City just paid to replace last fall. Council member Bob Redger moved and Council member Holly Aschenbrenner seconded a motion to approve the contract with Lamar for billboard signage on I-70 at an annual cost of $8,138, and to replace the vinyl at those five locations at a cost of $2,170, with funds to come from the transient guest tax monies. The motion carried 5-1, with Council member Jolene Niernberger opposed.
Sewer: Special Project
City Clerk Amy Burton presented the final set of pay applications for the Wastewater Treatment Plant project. A final change order is necessary to reduce the contract amount for the contingent funds not needed. Council member Holly Aschenbrenner moved and Council member Dena Patee seconded a motion to approve Change Order #1 reducing the total contract amount by $22,800. The motion carried 6-0.
Council member Bret Andries moved to approve Pay Application #7 to APAC in the amount of $109,402.90. Council member Holly Aschenbrenner seconded the motion. The motion carried 6-0.
Council member Bob Redger moved to approve the invoice from Northwest Kansas Planning & Development Commission in the amount of $1,500 for loan administration services. Council member Jolene Niernberger seconded the motion. The motion carried 6-0.
Council member Holly Aschenbrenner moved and Council member Jolene Niernberger seconded a motion to approve Pay Request #7 to the Kansas Department of Health & Environment in the amount of $110,902.90. The motion carried 6-0.
Council member Dena Patee moved to authorize the Mayor to sign the necessary pay documents for the Wastewater Treatment Plant. Council member Bob Redger seconded the motion. The motion carried 6-0.
Public Works: Contract
Public Works Director Alan Scheuerman presented a cost estimate from the Ellis County Noxious Weed Department for spraying City properties for weeds and vegetation control. Council member Bob Redger moved and Council member Holly Aschenbrenner seconded a motion to approve spraying the gun range ($338) with a second application ($109), if needed, in the total amount of $447, with funds to be split between the Water Utility, Sewer Utility, and Police funds. The motion carried 5-1, with Council member Dena Patee opposed.
Council then considered the cost estimate for the bare ground spraying of the other City facilities. Council member Bob Redger moved and Council member Bret Andries seconded a motion to approve the bare ground spraying at a cost of $822, with funds to be split among the locations sprayed. The motion carried 5-1, with Council member Dena Patee opposed.
Attorney: Contract
Council member Susan Eaton began the discussion by asking City Attorney Olavee Raub if she was overworked or unhappy with her work at the City, as she has seemed short with Council and the public at times. Ms. Raub responded that normally the workload cycles through heavier and lighter times; however, the last couple of years, the workload has remained higher than in previous years. As a partial solution, law firm partner Cassy Zeigler has taken over the City’s prosecutorial duties. Ms. Raub stated that time-wise, the City is on the cusp of needing a full time staff attorney. The Council has also added duties with the City Attorney also sitting on the City’s Grievance Committee. Council asked if hiring a City Administrator would help reduce her City workload. Ms. Raub responded that not only would it reduce the workload, the City would probably also realize a cost savings. Council asked for Ms. Raub to offer suggestions on additional ways to lighten her workload, and for City Clerk Amy Burton to provide cost estimates for a City Administrator.
REPORTS FROM CITY OFFICIALS
Public Works
Public Works Director Alan Scheuerman encouraged Council members to consider attending the KRWA Conference next year.
Council member Susan Eaton questioned the pile of millings by the concrete pile on Old 40 Highway. The millings are from the Street Improvement Project and will be crushed once the project is completed.
Council member Bob Redger asked about the Pool Assessment Survey distributed by the FHSU Leadership 310 Team. City Attorney Olavee Raub stated that she has been in contact with Natare, the company that sold the City the pool liner, and that the liner was installed in 2009, with the company repairing a seam both in 2010 and 2011. After that, the company stopped corresponding with the City. Ms. Raub will continue to stay in contact with Natare to find a solution to the ineffective pool liner.
Police
Police Chief Taft Yates presented the Monthly Activity Report for March and the April Staff Calendar. There have been two major cases taken on since the report was prepared.
City Clerk
City Clerk Amy Burton presented the draft minutes from the Planning Commission/Board of Zoning Appeals recent meeting and the February Health Insurance Savings Report. Ms. Burton also spoke on the Municipal Finance training she attended on March 30th.
Attorney
City Attorney Olavee Raub updated Council on pending code violation cases. On April 7th, a trial will be held regarding the structural defects cited at 1024 Washington. The property at 600 Jefferson has been given an additional 60 days to remedy cited violations. The properties on Fauteux, West 10th and West 12th Streets are all in progress.
Street: Repair/Maintenance
Ms. Raub has visited with the land owner to the east and south of 2013 Walnut. The owner is willing to modify the terracing in the field to help divert excess water from draining onto Mr. Cain’s property.
Street: Repair/Maintenance
The residents on 14th Street have indicated they have no interest in having the City plat their private driveway. Ms. Raub confirmed that the street is not platted; therefore, the City is not responsible for maintenance on the drive. The residents do receive City services because they are in the City limits. Council member Jolene Niernberger stated that all residents should be treated the same – if we have other residents with private drives take their poly carts to the street and maintain their own drive, then 14th Street residents should do the same. Council member Holly Aschenbrenner stated that Ross and Gayla Wichman actually own 80% of that driveway, so the residents would need to obtain permission before any maintenance work was completed. Ms. Aschenbrenner then moved for the Public Works Department to spread millings on the private drive referred to as West 14th Street at no charge to the residents, pending approval from Ross and Gayla Wichman. Ms. Aschenbrenner believes the Public Purpose Doctrine is justified due to the fact that emergency services, city services, and the public all have access to the drive. Council member Dena Patee seconded the motion. The motion carried 4-2, with Council members Bret Andries and Jolene Niernberger opposed.
Mayor Update and Announcements
Mayor David McDaniel provided a summary of the meeting the Water Advisory Board had with representatives from the City of Victoria.
EXECUTIVE SESSIONS
Mayor David McDaniel called for an executive session to discuss personnel matters of non-elected personnel. A 30-minute executive session was proposed starting at 9:53 p.m. Mayor David 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 to discuss 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 10:23 p.m. No action was taken in executive session.
ADJOURNMENT
Council member Holly Aschenbrenner moved and Council member Dena Patee seconded a motion to adjourn the meeting. The motion carried 6-0. The meeting adjourned at 10:24 p.m.