2015-07-22



Denis Vine, Ellis Fire Chief

City of Ellis

ELLIS–During their July 6 meeting, Ellis City Council members gave approval to Ellis Fire Chief Denis Vine for purchase of 20 Self-Contained Breathing Apparatus (SCBA) masks out of the Special Machinery Fund. The original purchase of 10 masks came in under budget.

Several water-related issues were also addressed.

Under review is whether to disband the Water Advisory Committee, which has two vacancies.

Council members also reviewed the latest draft of the city’s Municipal Water Conservation Plan, approved an ordinance on a 3-2 vote to modify the water utility rates, and on another 3-2 vote, also approved an amendment to the Utility Services Policy. The amendment establishes an expanded base tier for customers while in Stage 2 water conservation. Under Stage 3, customers receive an additional 1,000 gallons to their base tier, while under Stage 2 customers receive an additional 4,000 gallons to their base tier.

Council members Gary Luea and Heather Luea opposed both changes.

The complete meeting minutes for July 6, 2015, follow.

ELLIS CITY COUNCIL REGULAR MEETING Minutes July 6, 2015

CALL TO ORDER

Mayor David McDaniel called the meeting to order at 7:30 p.m. Present were Council members Gary Luea, Heather Luea, Jolene Niernberger, Bob Redger, and John Walz. Also present were Public Works Director Alan Scheuerman, City Clerk Amy Burton, Police Chief Taft Yates, and Fire Chief Denis Vine. Council member Holly Aschenbrenner and City Attorney Olavee Raub were absent.

PLEDGE OF ALLEGIANCE

AMENDMENTS TO AGENDA

Public Works Director Alan Scheuerman requested the agenda item “Consider Approval of Hiring Department Employee” be struck from the agenda as the position has not yet been filled.

PUBLIC PRESENT

Rod Taylor, William Clark, Ryan Augustine, Robin Henman, Perry Henman, Jackie Henman, Daniel Pyle, Glen Keller, Margie Mickelson, Dustin Mattheyer (arrived at 7:45 p.m.), and Faith Scheck (arrived at 8:12 p.m.)

PUBLIC HEARING – PROPOSED ANNEXATION OF PROPERTY

Council member John Walz moved and Council member Bob Redger seconded a motion to enter into a public hearing to entertain public comments regarding the proposed annexation of property. The motion carried 5-0. The public hearing began at 7:33 p.m. Rod Taylor, 1513 Lakeview Street, lives in the property adjacent to the property under consideration for annexation. Mr. Taylor is not opposed to the annexation; however, he voiced several concerns he has on the placement of the extension of utility service lines. If the City decides to fund the extension by issuing special assessments then Mr. Taylor strongly opposes the annexation. Mr. Taylor would like assurance from the City that any damage to his property due to the trenching of the sewer and water lines would be remedied by the City. Public Works Director Alan Scheuerman noted the City would need easements for the utilities. The City’s “Policy on Guidelines for Infrastructure” states the developer is required to pay 100% of the costs of installation for all sanitary sewer and water lines, but the City Council has the discretion to pay any portion of the installation costs. Perry Henman is proposing a 50% split with the City. There being no further comments, Council member Jolene Niernberger moved and Council member Gary Luea seconded a motion to close the public hearing. The motion carried 5-0. The public hearing closed at 7:48 p.m. The Council will consider the proposed annexation at the July 20, 2015 regular Council meeting.

CONSENT AGENDA

Council member Jolene Niernberger moved to approve the consent agenda containing the Minutes from the Regular Meeting on June 15, 2015, Bills Ordinance #1976, and the February, March, and April manual journal entries. Council member Bob Redger seconded the motion. The Council approved the consent agenda unanimously.

PUBLIC COMMENTS

Ryan Augustine cautioned Council about accepting personal opinions from non-elected personnel when members in the audience can’t offer their opinions.

PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)

SPECIAL ORDER

Fire: Acquisition

Fire Chief Denis Vine requested approval to purchase 20 Self-Contained Breathing Apparatus (SCBA) masks out of the Special Machinery Fund. Originally, only 10 masks had been planned for purchase in 2015, but the cost of the bunker gear purchased earlier this year came in under-budget. Therefore, Chief Vine would like to purchase all 20 masks this year. Council inquired about possibly pursuing a FEMA grant for future equipment purchases. Council member Jolene Niernberger moved and Council member Heather Luea seconded a motion to purchase up to 20 SCBA masks out of the Special Machinery Fund at a cost not to exceed $5,100. The motion carried 5-0.

Water: Special Project

William Clark, Verizon Wireless, discussed auto meter read systems for the City’s water utility. The system provides live data 24/7 and allows the customers to automatically monitor usage from their home computer or through a mobile application on their cell phone. The system would enable the Public Works Department and the customer to detect leaks much faster and even calculates what portion of the customer’s bill is attributable to the leak. The meters have a 15-year lifespan and residential meters cost $300 each. The City currently has eight of these meters in place and is pleased with the results.

Water: Policy

Dan Pyle, Ellis Recreation Commission, requested an exception to the City’s watering restrictions during summer ball season. The Commission would like to be able to use misters in the dugouts at 6:30 p.m. when the games begin, rather than wait until 7:00 p.m., as City Code states. Council member Bob Redger moved to approve the exception for the Ellis Recreation Commission to use cooling misters in the ball diamond dugouts beginning at 6:30 p.m. when outside temperatures rise above 95 degrees for the safety and well-being of the children participating. The exception will be allowed when the City is under Stage 2, Water Warning. Council member Heather Luea seconded the motion. The motion carried 5-0.

UNFINISHED BUSINESS

General Government: Insurance

City Clerk Amy Burton discussed possible revisions to the City’s EMC Insurance policy. Ms. Burton reported the granite “welcome” sign has such a high premium due to the rating class of being property out in the open and because it’s also rated as a sign. The City had a claim on the sign years ago when a tornado came through town. Council inquired of the rating on the City’s inland marine equipment. This item will be tabled until the next Council meeting.

General Government: Policy

Council reviewed a draft of a policy regarding volunteer work on City property. No revisions were proposed, therefore, Council member John Walz moved and Council member Jolene Niernberger seconded a motion to adopt the Policy on Volunteer Work on City Property as presented. The motion carried 3-2 with Council members Heather Luea, Jolene Niernberger and John Walz voting in favor, and Council members Gary Luea and Bob Redger opposed.

Water Exploration: Special Project

Public Works Director Alan Scheuerman presented the analytical results of the water tested from the potential well sites. All three test sites have acceptable nitrate levels.

Water: Policy

Council reviewed the latest draft of the City’s Municipal Water Conservation Plan. Council member Bob Redger moved and Council member John Walz seconded a motion to approve the Municipal Water Conservation Plan as presented. Upon a call for further discussion, Council questioned simplifying the language on Page 3 regarding the City’s rate structure. Mr. Redger then amended his motion to include modifying Page 3 of the Plan to read “the water rate structure, as set by ordinance”. Mr. Walz amended his second. Upon a call for the vote, the motion passed 5-0.

Water: City Code

Council considered the proposed ordinance modifying Code Section 15-502. A first reading of the ordinance was performed on June 15th with Council removing the language allowing for a lawn permit. Council member Heather Luea moved and Council member Bob Redger seconded a motion approving Ordinance No. 1385 as presented. The motion carried 4-1, with Council member Gary Luea opposed.

Water: Accounting/Billing

Council considered an ordinance modifying the water utility rates. A first reading of the ordinance was performed at the June 15th meeting with no proposed revisions. Council member Bob Redger moved and Council member John Walz seconded a motion to approve Ordinance No. 1386 modifying the water utility rates. The motion carried 3-2 with Council member Jolene Niernberger, Bob Redger, and John Walz voting in favor, and Council members Gary Luea and Heather Luea opposed.

Water: Policy

Council considered an amendment to the City’s Utility Services Policy. The amendment establishes an expanded base tier for customers while in Stage 2 water conservation. Under Stage 3, customers receive an additional 1,000 gallons to their base tier, while under Stage 2 customers receive an additional 4,000 gallons to their base tier. Council member John Walz moved to approve the Amendment to the Base Water Allowance/Credit in the Utility Services Policy. Council member Bob Redger seconded the motion. The motion carried 3-2 with Council members Jolene Niernberger, Bob Redger, and John Walz voting in favor, and Council members Gary Luea and Heather Luea opposed.

NEW BUSINESS

General Government: Committee

Mayor David McDaniel would like to appoint Nathan Andrews to the Planning Commission and Board of Zoning Appeals. Mr. Andrews would fill the vacancy due to the passing of Chairman Richard Neumann. Council member John Walz moved and Council member Gary Luea seconded a motion to appoint Nathan Andrews to fill the unexpired term on the Planning Commission and Board of Zoning Appeals. The motion carried 5-0.

Clerk: Policy

City Clerk Amy Burton presented a list of records that no longer need to be maintained by the City and can be destroyed. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve the destruction of records in accordance with the City’s Records Management Policy. The motion carried 5-0.

Water/Sewer: Accounting/Billing

Council considered an Application for Local Incentives for WT Services, LLC. Chad Pritchett plans to open a retail medical and consulting business at 810 Washington. Council member Gary Luea moved to approve the Application for Local Incentives for WT Services, LLC. Council member Jolene Niernberger seconded the motion. The motion carried 5-0.

Fire: License/Permit

Council took under consideration an application from Tim Kohlrus for a temporary CMB license to operate the Fire Department’s beer garden at the Ellis Jr. Free Fair. Council member Bob Redger moved and Council member Gary Luea seconded a motion to approve the Application for License to Sell Cereal Malt Beverages for Tim Kohlrus during the Ellis Jr. Free Fair. The motion carried 5-0.

Parks: Event Request

Council member John Walz moved to approve the Public Property Permit Application and Event Request for Traffic Control for the Ellis Jr. Free Fair parade. Council member Bob Redger seconded the motion. The motion carried 5-0.

General Government: Financial

Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve Resolution No. 512 waiving the Generally Accepted Accounting Principles reporting requirements. The motion carried 5-0.

General Government: Contracts

City Clerk Amy Burton presented an engagement letter from Adams, Brown, Beran & Ball, Chtd., for budget consultation services. Council member John Walz moved and Council member Jolene Niernberger seconded a motion to approve the contract with Adams, Brown, Beran & Ball, Chtd. in the amount of $4,100 for budget consultation services. The motion carried 5-0.

Special Highway: Special Project

The City has received a letter from BG Consultants, on behalf of Ellis County, regarding the Old 40 Highway project. The County is searching for borrow fill for the shoulder widening portion of the project, and believes City property east of town could be a potential borrow site. Public Works Director Alan Scheuerman believes there would be no ill effects to the City to allow them to take from this borrow site, and actually could help with providing water to the wells by providing more water storage area. Council member Gary Luea moved to approve the request from BG Consultants, Inc. for borrow fill for the Old 40 Highway project. Council member Bob Redger seconded the motion. The motion carried 5-0.

Swimming Pool: Acquisition

Public Works Director Alan Scheuerman presented two bids for the purchase of chlorine at the swimming pool. Council member John Walz moved and Council member Bob Redger seconded a motion to accept the low bid from Brenntag in the amount of $3,610 for 1,900 lbs of chlorine tabs. The motion carried 5-0.

Special Machinery: Acquisition

Mr. Scheuerman presented two bids for a small dump truck. One truck has a set price of $25,900 and is located in Indiana. The other truck is on PurpleWave Auction site and is currently listed at $4,300, although the sale date isn’t until July 16th. Council member Gary Luea moved to authorize Public Works Director Alan Scheuerman to bid up to $17,500 on the 1999 GMC C7500 dump truck with funds to come out of the Special Machinery Fund. Council member Bob Redger seconded the motion. The motion carried 5-0.

REPORTS FROM CITY OFFICIALS

Public Works

Mr. Scheuerman presented the Comparative Water Report for the period May 10th to June 10th. Council requested weekend totals of water used, and a comparison of the water used during the last month under Stage 3 through current. The City’s 5-year contract with Mayer Specialty Service for sewer cleaning expires in 2015. Council directed Mr. Scheuerman to obtain bids for a new contract. Mr. Scheuerman reported two individuals were interviewed for the open position in the Public Works Department; however, both candidates refused the position due to the pay offered. Mr. Scheuerman will continue to advertise for the position. Council then discussed certain environmental violations on Washington Street and inquired about the poor condition of the 10th Street Bridge. A letter will be sent the Ellis County Commissioners requesting the bridge be considered for repair.

Police

Police Chief Taft Yates presented the June Monthly Activity Report and the July staff calendar. All officers have completed their 40 hours of annual training. Chief Yates thanked the Ellis Baptist Church group for their assistance with the Police Department booths during Riverfest. Chief Yates presented the estimate of repairs to replace the back door on the Ford Explorer which was damaged by a suspect. The City will seek restitution for the repairs. Mayor David McDaniel recognized Chief Yates for being inducted into the United States Ranger Hall of Fame. Chief Yates was one of only sixteen Rangers inducted in 2015.

City Clerk

City Clerk Amy Burton presented the February, March and April financial statements consisting of the Statement of Accounts, Treasurer’s Report, and Security Deposit Worksheet. Minutes from the Planning Commission and Board of Zoning Appeals, Water Advisory Committee, and the Cemetery Committee were included for informational purposes. A budget work session is scheduled for July 15th at 7:00 p.m. Ms. Burton noted that attendance at the swimming pool is down 151 patrons as of June 30th; however, the weather hasn’t been conducive for swimming.

Attorney

Mayor/Council

Mayor David McDaniel noted that Resolution No. 492 establishing the Water Advisory Committee references the importance of the Committee while in Stage 3 Water Emergency. Mayor McDaniel asked for feedback from the Council on whether the Committee should still be utilized or disbanded. Currently, there are 2 vacancies on the Committee. Council will discuss further at the next regular meeting.

Mayor McDaniel has met with Emergency Management Coordinator Bill Ring on the storm shelter project. The deadline has passed for 2015 grant funding but Mr. Ring will continue to explore funding for 2016.

EXECUTIVE SESSIONS

Mayor David McDaniel called for an executive session for personnel matters of non-elected personnel. A 5-minute executive session was proposed starting at 10:32 p.m. Mayor McDaniel asked for a motion to recess. Council member Jolene Niernberger moved to recess to executive session for personnel matters of non-elected personnel with the City Attorney and Public Works Director present. Council member Bob Redger seconded the motion. The motion carried 5-0. The Council returned to open session at 10:37 p.m. No action was taken in executive session.

ADJOURNMENT

Council member John Walz moved and Council member Bob Redger seconded a motion to adjourn the meeting. The motion carried unanimously. The meeting adjourned at 10:37 p.m.

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