ELLIS
CITY COUNCIL
REGULAR
MEETING
Minutes
August 5, 2019
CALL TO ORDER
Mayor David McDaniel called the meeting to order at 7:30 p.m. Present
were Council members Holly Aschenbrenner, Steve Ferland, Martin LaBarge, Jolene
Niernberger, and Bob Redger. Also
present were Public Works Foreman Dan Wickham, City Clerk Amy Burton, Police Chief
Taft Yates, and City Attorney Olavee Raub.
Council member Bret Andries was absent.
PLEDGE OF ALLEGIANCE
AMENDMENTS TO AGENDA
None
PUBLIC PRESENT
Barbara Perkins, Lucy Beilman, Sheresa Brull, Henry Brull, Elie Brull, Grace
Brull, Glen Keller, Verda Flinn, Bernice Karlin, Sarah Gabel, Sam Polifka,
Kellie Crnkovich, Tara Birdsong, Opal Birdsong, Madison Birdsong, James Bell,
Kylie Honas, Justine Benoit, Melvin Kinderknecht, Tracy Kinderknecht, Jared
Schiel, Beth Schiel, Zach Schiel, Windy McClung, Sarah Eck, Travis Kohlrus,
Susie Kohlrus, McKenzie Kohlrus, Tracy Andrews, Nathan Andrews, Elaine King, Grace
Tucker, Amber Deutscher, Zachary Cox, Dena Patee, John Befort, Tricia
Pritchett, Chad Pritchett, Ashley Rohleder, Danielle Schaus, and Nickole Byers.
CONSENT AGENDA
Council member Holly Aschenbrenner moved to approve the consent agenda
containing the Minutes from the Regular Meeting on July 15, 2019 and Bills
Ordinance #2074. Council member Martin
LaBarge seconded the motion. The Council approved the consent agenda 5-0.
PUBLIC COMMENTS
Travis Kohlrus thanked Council for their hard work in designing a
beautiful pool and for securing grant funding for a large portion of the project.
Dena Patee encouraged Council to move forward with the Swimming Pool
Project and to not just throw another band-aid at an 80-year-old deteriorating
structure.
Tara Birdsong read the City’s mission statement and stressed the Council
needs to be behind the Pool Project.
Potential residents will not want to move here without a municipal pool.
Lucy Beilman stressed the pool provides jobs for our high schoolers and
it is a fun place to be. The City has
lost numerous activities for residents over the years, and we need to keep a
pool in the community.
Ashley Rohleder stated it would be unfortunate for Council to forgo
$1,000,000 in grant funds when the pool is falling apart. She stated it is important to provide a pool
for people, and especially our youth, to go to in the summer.
Sheresa Brull stated the City needs to improve in order to keep
residents. The School Board had issues
passing their bond for improvements and now the City is questioning accepting
$1,000,000 to improve the pool facility.
Ms. Brull stated that she fully supports the project.
Bernice Karlin voiced her support for the Swimming Pool Improvement
Project.
Chad Pritchett voiced his support for the project and that it gives the
City an opportunity to improve. Mr.
Pritchett also thanked the Public Works Department for performing repairs at
the Chrysler Museum.
Madison Birdsong stated that she loves to go to the pool.
Mayor David McDaniel then asked for audience members to raise their hands
if they were in support of the Swimming Pool Improvement Project. It appeared that all hands were raised.
PRESENTATIONS OF AWARDS,
PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
None
SPECIAL ORDER
None
UNFINISHED BUSINESS
Swimming Pool: Grants
At Council member Bret Andries request, Mayor David McDaniel contacted
Mr. Andries by phone prior to discussion.
Justine Benoit, Northwest Kansas Planning and Development Commission,
presented the contracts from the Kansas Department of Commerce regarding the
Community Development Block Grant program.
The City ranked 2nd out of all the applications and would
have ranked 1st with a score of 99/100 if the application hadn’t
been deducted for lack of detailed cost estimates. Council questioned if the pool design is set
or if it could be modified prior to construction. Ms. Benoit explained the current pool design
is what was submitted with the application and that any changes would need to
go through a formal approval process with the Kansas Department of Commerce and
could result in the application being rejected.
After further discussion, Council member Holly Aschenbrenner moved to
approve the contracts with the Kansas Department of Commerce accepting the
$1,000,000 in CDBG funds. Council member
Jolene Niernberger seconded the motion.
Upon a call for further discussion, Council questioned again what funds
the project would come out of and alternatives to constructing a new pool. Council member Jolene Niernberger stated she
was opposed to installing another pool liner, as the current liner has not
proven effective in reducing the water loss, plus the City has already secured
$1.3 million in grant funding. Council
member Holly Aschenbrenner reminded Council that water loss from leaks in the
pool basin was first reported in 1981 – 38 years ago. Upon a call for the vote,
the motion carried 4-2, with Council members Bret Andries, Holly Aschenbrenner,
Jolene Niernberger, and Bob Redger voting in favor of the motion, and Council
members Steve Ferland and Martin LaBarge voting opposed.
Swimming Pool: Licenses/Fees
Ms. Benoit continued by explaining that one of the conditions in
accepting the Community Development Block Grant is an assurance to the State that
the City will not increase fees to the pool for three years after the close out
of the project. Council member Holly
Aschenbrenner moved to pledge to the Department of Commerce that the pool
admission fees will not increase for at least three years after the close out
of the Swimming Pool Improvement Project.
Council member Jolene Niernberger seconded the motion. The motion carried 6-0. (Council member Bret Andries left the
meeting.)
General Government: Financial
On July 1, 2019, Brent Jaynes, Leisure Real Estate Advisors, asked
Council to consider offering a real estate tax
abatement to any potential buyers of the Days Inn hotel. The hotel is currently under a 100% abatement but that expires in 2020. City Attorney Olavee Raub presented information
detailing two tax abatement scenarios for Council to consider in response to Mr. Jaynes request. Option #1 provides a 75%
abatement for years 1-4; a 50% abatement for years 5-7; and a 25% abatement for
years 8-10. Option #2 provides a 100% abatement for Year 1, 90% abatement for Year 2, and
so on. Ms. Raub explained that if
Council chooses to offer an abatement, a resolution would need to be adopted
outlining the terms. The County and the
School District would also need to approve the abatement since their portion of
the real estate taxes would be abated as well.
It was the consensus of Council to propose to Mr. Jaynes that Council
would be willing to offer Option #1 to a potential buyer. If in agreement, Ms. Raub will prepare the
draft resolution for the next meeting.
NEW BUSINESS
General Government: Financial
Municipal
Court: City Code
Council member Steve Ferland moved to approve
Ordinance No. 1440 adopting the 2019 edition of the Standard Traffic Ordinance. Council member Jolene Niernberger seconded
the motion. The motion carried
5-0.
Municipal
Court: City Code
Council member Martin LaBarge moved to approve
Ordinance No. 1441 adopting the 2019 edition of the Uniform Public Offense Code.
Council member Holly Aschenbrenner seconded the motion. The motion carried 5-0.
Special
Highway: Repairs/Maintenance
Council reviewed an invoice from G.W. Van Keppel Co. for
repairs already made to the Champion grader.
In light of several recent ratifications, Council member Steve Ferland
requested Public Works employees to please double check pricing before ordering
to reduce the number of invoices needing approval after the fact. Council member Martin LaBarge moved and Council
member Steve Ferland seconded a motion to ratify the invoice from G.W. Van
Keppel Co. in the amount of $1,347.67 for repairs to the grader. The motion carried 5-0.
Water:
Accounting/Billing
Council member Martin LaBarge moved to approve Resolution
No. 559 adjusting the fixed percentage increase to utility rates. Council member Bob Redger seconded the
motion. The motion carried 5-0. The Resolution decreases the water utility
rate adjustment from 2% to 0%.
Campground:
Special Project
Verda Flinn, Campground Committee, presented four bids
for trees for the Campground Expansion Project.
At the recommendation of the Kansas State Extension Office, the
Committee chose thornless honey locust trees to plant. The Committee requested each bidder provide a
cost for 14 trees, each with a height between 12’ – 15’ tall, and a price with
a guarantee and without a guarantee. The
Committee recommended the bid from Ponderosa Tree Farm as they were the low
bidder for the specifications provided.
Council member Martin LaBarge stated the City should accept the bid from
CCR & Landscaping as they are local and offered the lowest overall
bid. However, their bid lacked information
regarding the height of the trees and also did not state if the price quoted
was with or without a guarantee. All of
the other bidders provided the requested information. Mr. LaBarge suggested the City rebid the
purchase to give CCR & Landscaping another opportunity to submit a valid
bid. City Attorney Olavee Raub stated it
is not the responsibility of the City to track down additional information when
specifications were provided in a written request. Plus, Council pointed out
that the other bids were now public record so that would be unfair to the
bidders that followed the directions given.
After further discussion, Council member Jolene Niernberger moved to
accept the bid from Ponderosa Tree Farm in the amount of $5,985.00 for 14
guaranteed thornless honey locust trees, with funds to come from the Campground
Fund. Council member Bob Redger seconded
the motion. The motion carried 4-1, with
Council member Martin LaBarge opposed.
Personnel:
Salary
During the budget work sessions, Council discussed employee
wages and determined there was adequate budget authority to offer current
employees a 2% raise yet this year. Council stressed this is not a raise in the
base pay, only to current employee wages.
The last employee wage increase was in 2017. Council member Bob Redger moved to provide a
2% increase in wages to current City employees, effective July 27, 2019 to
include the current payroll. Council
member Martin LaBarge seconded the motion.
The motion carried 5-0.
General
Government: Committee
Glen Keller, Chairman of the City’s Planning
Commission/Board of Zoning Appeals, requested approval to bring in John Riggs,
Riggs & Associates, to discuss some of the City’s current zoning
regulations. Mr. Riggs developed the
City’s 2004 Comprehensive Plan and provides regular consulting as needed. City Attorney Olavee Raub added that the
PCBZA is in place to preserve public policy and to protect land owners. Many of the codes are statutory, but it would
be beneficial for Mr. Riggs to aid the Commission in explanations for some of
the current codes. Council member Martin
LaBarge moved and Council member Steve Ferland seconded a motion to hire John
Riggs at $89 per hour plus mileage for consulting services to the Planning
Commission/Board of Zoning Appeals. The
motion carried 5-0.
REPORTS FROM CITY OFFICIALS
Public Works
Council reviewed the Comparative Water Reports for the period April 10th
– May 10th and from May 10th – June 10th. The Department has experienced numerous water
main breaks in the last week. Public
Works Foreman Dan Wickham also provided updates on the Campground Expansion
Project and the South Walnut Park bathroom project. Council thanked Mr. Wickham for filling in at
Council meetings during Public Works Director Alan Scheuerman’s absence.
Personnel: Entry
The Department hired Dean Yanda as Sanitation employee, effective August
5, 2019.
Police
Police Chief Taft Yates presented the Monthly Activity Report for July
and the August Staff Calendar. Officer
Kolas began at the Kansas Law Enforcement Training Center July 29th. The Department has several training sessions
planned in August.
City Clerk
City Clerk Amy Burton reminded Council of the Budget Hearing for the 2020
budget document on August 12th at 7:00 p.m.
Attorney
Mayor Update and Announcements
Executive Session
Mayor David McDaniel asked for a motion to recess into executive session. Council member Holly
Aschenbrenner moved for City Council
to recess into executive session for 10 minutes to discuss a Public Works
employee pursuant to the non-elected personnel matter exception, K.S.A. 75-4319
(b)(1) with City Attorney Olavee Raub present.
The open meeting will resume at 9:19 p.m. Council member Martin
LaBarge seconded the motion. The motion
carried 5-0. No action was taken in executive session and the open
meeting resumed.
ADJOURNMENT
Council member Martin LaBarge moved and Council member Bob Redger
seconded a motion to adjourn the meeting. The motion carried 5-0. The meeting adjourned at 9:20 p.m.
___________________________________
Mayor
_______________________________
City Clerk