ELLIS–The April sales tax election in Ellis will be a poll site election rather than a mail-in ballot. City council members voted 3-2 for the poll election during their Feb. 15 meeting.
In other business, the council approved a contract with APAC-Kansas for Wastewater Treatment Facility improvements, and also extended the amount of time property owners have for removing snow from their sidewalks after a winter storm.
ELLIS CITY COUNCIL REGULAR MEETING Minutes February 15, 2016
CALL TO ORDER
Mayor David McDaniel called the meeting to order at 7:30 p.m. Present were Council members Holly Aschenbrenner, Gary Luea, Heather Luea, Jolene Niernberger, 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 Prosecutor Cassy Zeigler. Council member Bob Redger and City Attorney Olavee Raub were absent.
PLEDGE OF ALLEGIANCE
AMENDMENTS TO AGENDA
Police Chief Taft Yates requested the addition of Consideration of Approval for New Hire under New Business.
PUBLIC PRESENT
Glen Keller, Phillip Quevillon, Shane Herrington, Leo Groff (arrived at 7:45 p.m.), and Richard Wahlmeier (arrived at 7:45 p.m.).
CONSENT AGENDA
Council member Jolene Niernberger moved to approve the consent agenda containing the Minutes from the Regular Meeting on February 1, 2016 and Bills Ordinance #1991. Council member John Walz seconded the motion. The Council approved the consent agenda 5-0.
PUBLIC COMMENTS
Phillip Quevillon introduced himself to Council. He is currently employed as a wind technician with the Cedar Bluff windfarm and plans to be in Ellis for 5-10 years. Mr. Quevillon offered pro bono services to review any bids on street repairs. He also expressed interest in offering training classes in public speaking and would like to bring comedy acts and new bands to Ellis to perform.
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
None
SPECIAL ORDER
Fire: Policy
Fire Chief Denis Vine discussed the need to develop a policy for Fire Department procedures for call outs for homeowners with automatic smoke detectors. Chief Vine provided three variations for Council to consider for when the homeowner is not home and there is no visible evidence of smoke or fire: (1) attempt contact with the homeowner or family, and if unsuccessful in reaching someone, wait 15 minutes, recheck the house for smoke or fire, and if no evidence, clear the scene; (2) same as (1) except force enter the home after the 15 minute wait; or (3) after attempting to contact the homeowner or family and checking the residence for smoke or fire, force enter the home immediately. Council discussed who would be liable for damage done during the force entry, and how to re-secure the residence upon leaving the scene. City Prosecutor Cassy Zeigler noted the liability would be much greater if the Department left the scene and someone was inside the residence versus damage done during forced entry into the home. After further discussion, the Council decided to table consideration until Ms. Zeigler can confer with City Attorney Olavee Raub.
Streets: Special Project
Leo Groff and Richard Wahlmeier, VFW representatives, asked for the City to return the parking lot to an all-weather material to cut down on mud and ruts. Council directed Public Works Director Alan Scheuerman to place millings throughout the entire parking lot. Mr. Scheuerman noted the City would need to purchase the millings to do so. It was the consensus of the Council to address the purchase later in the meeting.
UNFINISHED BUSINESS
Streets: Repair/Maintenance
Council discussed the significant street repairs needed from 13th Street and Dorrance up through Lakeview Street. Council member Gary Luea asked if the City could assess special assessments to residents in the affected area. Council member Holly Aschenbrenner countered that the residents didn’t ask for the street so why should they have to pay specials on the repair work, but also felt that curb and guttering was excessive. Mr. Scheuerman noted that the City has the budget to perform the work on Lakeview over the next three years, and asphalt is the lowest price he’s seen in years. Mr. Scheuerman also explained why curb and guttering was necessary, and that Council would need to hire an engineer for the project, in part to ensure proper drainage for the area. Council expressed concerns of how homeowners could access their property during the maintenance work since there is only one access point. Mr. Luea then brought up repairs needed on some of the City’s brick streets. Mr. Scheuerman stated there is no need to solicit bids for the repair work as the Department is fully capable of performing the repairs. After further discussion, Council directed Mr. Scheuerman to obtain cost comparisons for hot mix asphalt versus brick on Dorrance Street from 9th – 10th Streets and for City Attorney Olavee Raub to investigate the City’s ability to assess special assessments to residents from 13th and Dorrance Streets up through Lakeview Street.
Water: Acquisition
Mr. Scheuerman discussed the possible purchase of a line locator for the Water Department. He has demonstrated several of the models and both he and Water Operator John Leiker recommend the purchase of the Radiodetection model. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to purchase the Radiodetection RD7100 from Subsurface Solutions in the amount of $3,779 with funds to come from the Water Utility fund. The motion carried 5-0.
Campground: Special Project
Mr. Scheuerman provided an update on the campground dock project. He has ordered the framing materials and is currently making revisions on the grant application to send in to Kansas Department of Wildlife, Parks, and Tourism. Council member Holly Aschenbrenner stated the City has the money available and suggested the City forgo the grant application. She also expressed concerns that only having the dock framed and not completed poses a safety risk. Council discussed securing the unfinished dock until the status of the grant application was known in June. Council member Gary Luea spoke in favor of completing the dock because of how long the project has been ongoing, and agreed the City has the money and should forgo the grant application. Council member John Walz disagreed stating that money is tax money and Council has always encouraged the Department Heads to explore grant opportunities. Ms. Aschenbrenner moved to purchase the remaining materials for the dock in an amount not to exceed $6,800 with funds to come from the Campground fund. Mr. Luea seconded the motion. Upon a call for discussion, Council member Jolene Niernberger stated the Council has strongly encouraged Department Heads to apply for grants and now making a decision to forgo the grant application is sending a mixed message to the Department Heads. Upon a call for the vote the motion passed 3-2, with Council members Holly Aschenbrenner, Gary Luea, and Heather Luea voting in favor of the motion, and Council members Jolene Niernberger and John Walz voting opposed.
Sewer: Repair/Maintenance
City Clerk Amy Burton presented the proposed contract between the City and APAC-Kansas for the Wastewater Treatment Facility improvements. The Council approved awarding the contract to APAC-Kansas at a previous Council meeting. City Attorney Olavee Raub has reviewed the proposed contract with no suggested revisions. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve the contract with APAC-Kansas and authorizing the Mayor to sign the document for the Wastewater Treatment Facility improvements as presented. The motion carried 5-0.
Public Works: Building Code
Council discussed amendments to Code Section 4-125 providing for work by property owners. The Trades Board would like to meet with the Council again before approval. Council member Jolene Niernberger questioned the last sentence in each section stating that only licensed contractors can be employed by homeowners to perform work on property. No action was taken on the proposed amendments.
Public Works: Licenses/Permits
Council reviewed proposed ordinances providing for contractor licensing. Under Code Section 4-119 subsection (4) defining “Contractor”, Council discussed possibly raising the project cost exemption from $200 to either $500 or $1,000. Council will discuss the amount with the Trades Board prior to approval. Council member Heather Luea asked if the ordinances should provide for volunteer work performed for not-for-profit entities. Mayor David McDaniel will set up another meeting with the Trades Board to discuss the proposed amendments to the ordinances.
General Government: Financial
Council discussed whether to administer the April sales tax election by mail-in ballot or by poll site. In talking to County Clerk Donna Maskus, Council member John Walz stated the mail-in ballot tends to have a higher percentage of votes cast, although sometimes the voter signs the wrong ballot and the County has to call to correct. Mr. Walz feels the poll site election will only generate negative votes. In an email to City Clerk Amy Burton, Ms. Maskus stated the mail-in ballot is considerably less expensive than the poll site election; however, only registered active voters are mailed a ballot to cast. Both inactive status and active status voters are allowed to vote at the poll site. Mr. Walz made a motion to administer the April sales tax election by mail-in ballot. Council member Jolene Niernberger seconded the motion. Upon a call for discussion, Council member Holly Aschenbrenner expressed concerns on switching the means of how people vote on this important of an election. Both Ms. Aschenbrenner and Council member Heather Luea felt the City would receive greater results holding a poll site election. Upon a call for the vote, the motion failed 2-3, with Council members Jolene Niernberger and John Walz voting in favor of the motion, and Council members Holly Aschenbrenner, Gary Luea, and Heather Luea voting opposed. Council member Holly Aschenbrenner then moved to administer the sales tax election by poll site. Council member Heather Luea seconded the motion. That motion carried 3-2, with Council members Holly Aschenbrenner, Gary Luea, and Heather Luea voting in favor of the motion, and Council members Jolene Niernberger and John Walz voting opposed.
Water Exploration: Special Project
Council member Gary Luea provided an update on the City’s test hole sites for an additional water source. The State has indicated interest in keeping the abandoned north well for observation purposes, but Mr. Luea is unclear on the purpose since they have another well close to that location. Mr. Luea recommended the City drill six more test holes. It was the consensus of the Council to have Public Works Director Alan Scheuerman obtain bids from drillers for the additional test holes.
NEW BUSINESS
Personnel Entry
Police Chief Taft Yates reported that on February 13th a hiring committee made up of 6 individuals performed interviews for the vacancy in his department. The committee selected Ellis resident Shane Herrington for consideration from Council for hiring. Mr. Herrington introduced himself and entertained questions from the Council. Council member Heather Luea requested an executive session to further discuss the hiring.
Executive Session
Mayor David McDaniel called for an executive session for personnel matters of non-elected personnel. A 10-minute executive session was proposed starting at 9:04 p.m. Mayor McDaniel asked for a motion to recess. Council member Heather Luea moved and Council member Holly Aschenbrenner seconded a motion to recess to executive session for personnel matters of non-elected personnel with City Prosecutor Cassy Zeigler and Police Chief Taft Yates present. The motion carried 5-0. The Council returned to open session at 9:14 p.m. No action was taken in executive session.
Post-Executive Session
Council directed Police Chief Taft Yates to provide the Governing Body with additional information on the candidate for hiring with a plan to take action at the next Council meeting or scheduled Special Meeting.
Water: Financial
City Clerk Amy Burton presented the annual financial reports as required by the United States Department of Agriculture for the water utility system. Council member John Walz moved and Council member Holly Aschenbrenner seconded a motion to approve the 2015 USDA Financial Reports as presented. The motion carried 5-0.
Streets: City Code
Police Chief Taft Yates reported that during this latest snow event, he received several complaints about residents not clearing their sidewalks according to City Code. City Code states that residents must clear sidewalks within six hours of the abatement of the storm or six hours after sunrise, if occurring at nighttime. Upon contacting those residents, Chief Yates was informed that the sidewalk had been cleared, but when the Public Works Department cleared the streets, the sidewalk had been covered up again with the pushed snow. Chief Yates asked for Council to consider extending the time the residents have to clear the snow and ice from their sidewalk to allow the Public Works Department to clear the streets prior to residents clearing their sidewalk. Council member Gary Luea moved to extend the time specified in Code Section 13-502 to twelve hours after the abatement of the storm, and twelve hours after sunrise if occurring at nighttime. Council member Holly Aschenbrenner seconded the motion. The motion carried 5-0.
Campground: Event Request
Council member John Walz moved and Council member Heather Luea seconded a motion to approve the Public Property Permit Applications from the Girl Scouts of Kansas Heartland for August 13, 2016, and for September 24-25, 2016, for the use of Lakeside Campground, and the Event Request for Traffic Control for September 24-25, 2016, for road barricades. The motion carried 5-0.
REPORTS FROM CITY OFFICIALS
Public Works
Streets: Repair/Maintenance
Public Works Director Alan Scheuerman commended his staff for the excellent job they did removing snow during the recent snow event, even with the Department four staff members short at the time of the storm. Mr. Scheuerman also thanked the County for allowing Melvin Kinderknecht to assist the City with snow removal.
Council discussed the purchase of millings for the VFW parking lot. Council directed Mr. Scheuerman to obtain bids on the millings and for hauling the millings to Ellis. Mr. Scheuerman will attempt to have the bids for review at the next meeting.
Water: Acquisition
Council inquired about the status of the installation of the transducers for the water wells. Mr. Scheuerman will check on the transducers and report back to Council.
Police
Police Chief Taft Yates reported that both police vehicles are fully operational. The Explorer recently had the transmission replaced at no cost to the City. The Taurus has been delivered and is in operation.
Chief Yates then informed Council of several training opportunities coming up for the Department. He has also been asked to speak at Fort Hays State University regarding women in law enforcement on February 19th.
City Clerk
City Clerk Amy Burton reported her Department has sent out Request for Proposals for a new copier/printer/scanner. She also reported the Fiscal Sustainability Report required by KDHE will hopefully be complete for the next Council meeting.
Attorney
Mayor Update and Announcements
Mayor David McDaniel reported the Town Hall meeting with Senator Ostmeyer and Representatives Boldra and Rahjes on February 20th has been moved up to 9:00 a.m.
On February 27th the Ellis County Courthouse will hold its open house. The PRIDE committee will also meet on February 27th to review the results from the First Impressions visit.
ADJOURNMENT
Council member John Walz moved and Council member Gary Luea seconded a motion to adjourn the meeting. The motion carried 5-0. The meeting adjourned at 9:39 p.m.