ELLIS CITY COUNCIL
December 2, 2019
CALL TO ORDER
Mayor David McDaniel called the regular meeting to order at 7:30 p.m. Present were Council members Bret Andries, Holly Aschenbrenner, Steve Ferland, Martin LaBarge, Jolene Niernberger, and Bob Redger. Also present were Public Works Director John Leiker, City Clerk Amy Burton, Interim Police Chief Chris Krom, City Attorney Olavee Raub, and incoming Council members Sam Polifka, Tricia Pritchett, and John Walz.
PLEDGE OF ALLEGIANCE
ADMINISTER OATH OF OFFICE TO NEWLY ELECTED OFFICIALS
City Clerk Amy Burton administered the Oath of Office to newly elected City Treasurer Faith Scheck, Mayor David McDaniel, and Council members Sam Polifka, Tricia Pritchett, and John Walz.
AMENDMENTS TO AGENDA
City Clerk Amy Burton requested consideration of a contract with Kaw Valley Engineering for geotechnical services for the Swimming Pool Improvement Project. Public Works Director John Leiker requested consideration of repairs to the HVAC system at City Hall. The items will be added under New Business, per consensus of the Council.
James Bell, Glen Keller, Cameron Moeder, M’Lynn Swartz, Verda Flinn, Michael Pritchett, Chad Pritchett, Nickole Byers, Faith Scheck, Mark Polifka, Karin Polifka, Avery Smith, and Benjamin Kolas.
Council member Steve Ferland moved to approve the consent agenda containing the Minutes from the Regular Meeting on November 18, 2019 and Bills Ordinance #2082. Council member Martin LaBarge seconded the motion. The Council approved the consent agenda 6-0.
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
Council member John Walz moved to elect Council member Jolene Niernberger as Council President. Council member Sam Polifka seconded the motion. The motion carried 6-0, with Council member Jolene Niernberger abstaining.
General Government: Contract
City Clerk Amy Burton presented a proposed contract with Collection Bureau of Kansas (CBK) for delinquent account collections on the City’s behalf. Currently the City is paying 39% in collection fees for collection efforts through the State Setoff program (19%) and American Municipal Services (AMS) (20%). CBK will administer the State Setoff program for the City, in addition to their own collection efforts, at a maximum collection fee of 30%. Ms. Burton reported that AMS has not collected on the City’s behalf since February 2018, yet the City is still required to remit the 20% collection fee for any debts collected either through the Setoff program or City efforts. City Attorney Olavee Raub will draft an ordinance allowing the City to add collection fees to delinquent accounts. Council member Jolene Niernberger moved to authorize City Clerk Amy Burton to sign the contract with Collection Bureau of Kansas and to terminate the current contract with American Municipal Services. Council member John Walz seconded the motion. The motion carried 6-0.
Ms. Burton continued by asking if Council wanted to continue the practice of giving City employees a Christmas bonus. Council member Steve Ferland expressed he would like to increase the amount given in 2019 to $250.00 and again in 2020 to $300.00. After further discussion, Council member Martin LaBarge moved to approve a Christmas bonus for each full-time and part-time employee in the net amount of $250.00, and for the bonus to also be extended to newly retired Police Chief Taft Yates and Public Works Director Alan Scheuerman. Council member Steve Ferland seconded the motion. The motion carried 6-0.
General Government: Licenses
Council member Martin LaBarge moved to approve the 2020 Cereal Malt Beverage Licenses for Casey’s General Store, Rich’s IGA, Love’s Travel Stop, and Arthur’s Pizza and Mexican Foods. The approval of the license for Arthur’s Pizza and Mexican Foods is contingent on a successful background check. Council member Steve Ferland seconded the motion. The motion carried 6-0.
Public Works: Acquisition
Prior to Public Works Director Alan Scheuerman’s retirement, three radios were ordered for the Department. The radio purchase exceeded the Department Head’s spending authorization; therefore, the invoice will need to ratified. Council member Jolene Niernberger moved to ratify the invoice from VLS Communications in the amount of $1,297.00 with funds to come from the Water Utility and Sanitation funds. Council member Sam Polifka seconded the motion. The motion carried 6-0.
Swimming Pool: Contract
City Clerk Amy Burton reviewed a proposal from Kaw Valley Engineering for geotechnical services for the Swimming Pool Improvement Project. The evaluation will consist of drilling three borings for the proposed pool and submitting an analysis report to Lamp Rynearson to include with the bid packages. Council member Jolene Niernberger moved to accept the proposal from Kaw Valley Engineering for geotechnical services in the amount of $4,435.00 with funds to come from the Capital Improvement – Swimming Pool fund. Council member Tricia Pritchett seconded the motion. The motion carried 6-0.
General Government: Repair/Maintenance
Public Works Director John Leiker reported that Glassman Corporation found two cracked heat exchangers in the HVAC system at City Hall during their semi-annual preventative maintenance service call. Since the units are only seven years old, Council requested Mr. Leiker to check with Glassman Corporation to see if the units were still under original warranty.
REPORTS FROM CITY OFFICIALS
Mr. Leiker continued by reviewing the Comparative Water Report for the period September 10th – October 10th. Pads for the Campground Expansion have been poured and the water and electric hookups have been installed. Wilson and Company is working with Layne Christensen to determine possible solutions to offset the City’s TTHM violations in the water distribution system. Mr. Leiker stated the violations have occurred for three consecutive calendar quarters.
Interim Police Chief Chris Krom presented the Monthly Activity Report for November and the December Staff Calendar. Officer Kolas has completed field training and is able to work independently now. The Department has seen an increase in counterfeit currency cases. Officer Krom is compiling information on a new patrol unit for consideration.
City Clerk Amy Burton requested the governing body members complete the Authorization to Release Personal Contact Information form. Council orientation will be held December 9th at 7:00 p.m.
City Attorney Olavee Raub reported that the area north of Equity Bank with the potholes is located on private property and not an alleyway. A survey would need to be performed to determine if the property belongs to Equity Bank or Golden Belt Coop. Council will need to take into consideration the Public Purpose Doctrine which states that public tax dollars should not be spent on privately-owned property. City Clerk Amy Burton will research previous Council meeting minutes to see how this same request was handled years ago.
Mayor Update and Announcements
Mayor David McDaniel asked for a motion to recess into executive session at the request of City Attorney Olavee Raub. Council member Jolene Niernberger moved for City Council to recess into executive session for 5 minutes to discuss threatened litigation pursuant to the attorney-client privilege exception, K.S.A. 75-4319 (b)(2) with City Attorney Olavee Raub present. The open meeting will resume at 8:32 p.m. Council member Steve Ferland seconded the motion. The motion carried 6-0. No action was taken in executive session and the open meeting resumed.
Mayor David McDaniel asked for another motion to recess into executive session. Council member Jolene Niernberger moved for City Council to recess into executive session for 10 minutes to discuss staffing in the Police Department 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 8:44 p.m. Council member Sam Polifka seconded the motion. The motion carried 6-0. No action was taken in executive session and the open meeting resumed.
Personnel: Position Change
Council member Steve Ferland moved to accept Mayor David McDaniel’s recommendation to appoint Officer Chris Krom as Interim Police Chief with compensation accordingly. Council member Jolene Niernberger seconded the motion. The motion carried 6-0.
Council member Martin LaBarge moved and Council member Steve Ferland seconded a motion to adjourn the meeting. The motion carried 6-0. The meeting adjourned at 8:46 p.m.