City Council

Regular Council Meeting April 12, 2021 1. Mayor Scott Schultz called the meeting to order at 7:00. Present were Council members Kale Dankenbring, David Butler, Amanda Milne, Dara Carmichael, and Larry Finley. Also present were City Superintendent JR Landenberger, City Clerk Lila Whitmore. Sheriff Cody Beeson and Attorney Reyelts were absent. 2. Minutes from the March 22 Council meeting were distributed and read. There were two corrections. It was moved by Amanda and seconded by Kale to approve the minutes as corrected. Motion passed. 3. Consent Agenda – It was moved by David and seconded by Larry to approve the following items on the Consent Agenda: Permission for Clerk to pay insurance at time of billing; Permission for Clerk to pay utilities at time of billing; Permission for Clerk to pay utility incentives before the 25th of the month; Permission for Clerk to pay theater bills when due; Permission for Clerk to pay Payment Service Network bills when due; Motion passed. 4. Sheriff’s Report – none 5. New Business: a. Special Event Permit/Bandshell Rental/Concert in the Park – Terri and Larry Finley shared information about the planned Concert in the Park on August 28 and submitted the application for a Special Event Permit and the Bandshell Rental. A motion was made by Amanda and seconded by Kale to waive the bandshell rental fee and vendor fees and to approve the applications pending receipt of proof of liability insurance and the temporary liquor permit and payment of the special event permit fee of $100. Motion passed with Larry abstaining. b. Special Event Permit/Farmer’s Market – Kelley Milliken submitted a Special Event Permit for the Farmer’s Market. The format will be the same as last year with the event being held every Saturday Morning from 9-12 beginning June 5 and ending September 25. A motion was made by Larry and seconded by David to approve the application and waive the vendor fees. Motion passed. Attorney Reyelts arrived at the meeting. 6. Old Business: Cheyenne County Kansas Community Foundation (CCKCF)/Rental of Police Department Space – CCKCF members Carla Lampe, Tom Smull, Roger Jensen, and Penny Gienger were present to talk with the Council about renting the police department space. The Mayor pointed out that there are concerns about the proposal as have been previously discussed. Ms. Lampe said they are interested in the space and agree that it should be rented at whatever rent is considered to be fair. She referenced the letter the Council received from the Greater Northwest Kansas Community Foundation (CNWKCF) which showed how other communities are working together. Lila pointed out that none have a landlord/tenant agreement similar to what is being proposed here and the arrangements that do exist are between the Counties and the County Foundations. The Council discussed other options that could be considered. Lauren stated that if the Council wants to rent the space to the CCKCF there is nothing preventing them from doing so as long as there is reasonable rent charged, per the public purpose doctrine, and the Council understands that there is a risk of impropriety, or at least the appearance of impropriety, and they must decide if that is a risk the City should assume or not. Ms. Lampe said there are other options available to the Foundation here and in Bird City and they are ready to move another direction if this doesn’t work out. Lauren and Lila had looked at the cost of gas and electric and felt that half would be reasonable, which is approximately $200 a month. After considerable discussion regarding what market rent would be, a motion was made by Kale and seconded by David to rent the space for $300 rent and $200 utilities. Motion passed with Dara abstaining. Lauren will update the agreement and give to the foundation for their review. 7. New Business (continued): a. Bandshell Rental Application/5th Grade Promotion – An application was submitted by Celeste Hays to rent the Bandshell for the 5th grade promotion party on May 15. The organizers are wanting to show a movie in the bandshell. Attorney Reyelts pointed out that it is against copyright law to show a movie in public without a license. The rental application contains a statement whereby the applicant will hold the city harmless for any claims against the city of any nature that may arise from the use of the leased property. A motion was made by David and seconded by Kale to approve the application and to waive the rental fee and provide to the organizers the explanation that there  are copyright laws regarding showing movies in public places and if they elect to proceed as stated on the application they are assuming all risks and will hold the City of St. Francis harmless from any claims. Motion passed. b. A motion was made by Larry and seconded by Amanda to approve the following trash waiver renewal application: Ralph and Althea Lebow – 315 S. College, storage building. Motion passed. c. The food pantry has submitted receipts for reimbursement and a request for payment of CDBG funds. A motion was made by Amanda and seconded by Kale to approve draw down #3 for the 20- CV-116 project in the amount of $4,083.89. David – Yes, Kale – Yes, Amanda – Yes, Dara – Yes, Larry – Yes. Motion passed. d. Fire Chief Dan Blair requested permission from the Council to purchase bunker gear with the $6,000 that is allocated each year from the equipment reserve fund. A motion was made by Amanda and seconded by Dara to approve the purchase. Motion passed. Dan requested 5 minutes of executive session for non-elected personnel. 8. Visitors – Sally Wieck addressed the Council with questions regarding the Council’s goals and timelines for various infrastructure improvements and the status of the sewer and water systems as well as concerns regarding potholes. JR stated that there was a major sewer project completed in 2003 where all the sewer lines were inspected with cameras and a new sewer system put in, so it is considered updated. It is now just general maintenance on that. The water system is aged but is in good shape. JR also spoke about the recent electrical infrastructure improvements/rebuilding of lines and the plan for those to continue each year. He addressed the question regarding surges and explained that they happen for many different reasons within even households and the City of St. Francis has no more issues with that than other communities. It is a homeowners insurance item as far as surges and appliances go. Pothole repair is ongoing and weather dependent. There is a large street project scheduled this year for which the City received $600,000 in grant funds and issued bonds for the rest. Street repairs are very expensive. The Mayor pointed out that the 1% sales tax was put into place specifically for infrastructure improvements, and primarily streets. The street work will be ongoing. 9. At 8:15, A motion was made by Amanda and seconded by Kale for the City Council along with Superintendent Landenberger, City Clerk Whitmore, Attorney Reyelts, and Fire Chief Dan Blair to recess into executive session for the non-elected personnel exception to discuss hiring, the open meeting to resume at 8:20. Motion passed. The open meeting resumed. Fire Chief Blair will proceed with handling the situation. No Council action was taken. 10. At the request of Attorney Reyelts, at 8:22 a motion was made by David and seconded by Kale for the Council along with Superintendent Landenberger, City Clerk Whitmore, and Attorney Reyelts to recess into executive session for discussion subject to attorney client privilege exception for advice of Counsel, the open meeting to resume at 8:32. Motion passed. The open meeting resumed and no decisions rendered. A motion was made by Amanda and seconded by Kale to go back into executive session for the attorney client privilege exception, the open meeting to resume at 8:42. Motion passed. The open meeting resumed and no decisions rendered. A motion was made by David and seconded by Kale to go back into executive session for the attorney client privilege exception, the open meeting to resume at 8:47. Motion passed. The open meeting resumed with no decisions rendered. Lila will contact Kelley Milliken to request information be sent to Attorney Reyelts. Mayor Schultz will try to attend the next Library Board meeting. 11. Attorney Report – a) Attorney Reyelts was reviewing the contract for the street project and found that there are many pages of general provisions, special considerations, addenda, and exhibits which are missing from the contract. The contract requires the City Attorney’s signature and without having all the documents to review she cannot approve the contract. She will be contacting Miller & Associates to request a complete contract. b) Lauren’s office staff has been trying to locate the fine schedule in word format so that it can be easily updated with the changes that Judge Keller has recommended. Lila will then update the fine schedule. The June court date has been changed to June 24. Municipal Court is busier this year than it was last year. Old cases where money is still owed to the City are being investigated but the cost to benefit ratio needs to be considered. c) JR has not received a response from Sunflower. A letter may need to be sent on attorney letterhead. The bill is due by April 24 and does need to be paid, but possibly under protest if an agreement is not reached. A motion was made by Dara and seconded by Amanda to accept and file the Attorney report. Motion passed. Attorney Reyelts left the meeting. 12. Old Business continued: a. Property Cleanup – JR sent a letter out on a property that needed attention and the property owner has responded. It has been cleaned up significantly and he expects no further action will be needed. Kale asked about Lampe Motorsports on Quincy. JR will speak to Cody. b. Projects Pending – The Council discussed the old pool property but there does not appear to be any options other than demolition. The topic will be removed from the projects pending list. The Council discussed the fireworks ordinance. A motion was made by Kale and seconded by Dara to leave the fireworks code as it is. Motion passed. c. Streets Project – McCormick Excavation has projected a start date of July. JR feels like that may be a little late for such a large-scale project and will check with Miller & Associates for their opinion. He feels they may want to start earlier in the summer. Lila talked about the LMI survey that will need to be completed if the Council intends to apply for additional CDBG funds this year. The LMI Survey is a time-consuming process for the Clerk’s office. JR plans to talk with the contractor regarding how much the cost of the street project would have been if built to a different specification. It may not be necessary to apply for additional grants. 13. Theater Report: Dara and Lila were unable to attend the Theater Meeting. Justin Lohr has resigned and the Board has approved Larry Barnes to take his place. Mayor Schultz appointed Larry Barnes to the Theater Board. A motion was made by Kale and seconded by Amanda to approve the appointment. Motion passed. JR announced that the City has received the additional grant funding that was requested from the CCKCF, so we now have the full amount that was needed to proceed with the 1st phase of the renovation project. He has contacted the architect and they would like to begin in May. JR talked with the Council about the mask requirement for the Theater employees. JR checked with the Health Department and they still advise the wearing of masks which is likely a recommendation that is not going to go away. JR questioned how long we would keep being the only entity requiring it. The pool would be faced with the same issue. The Council agreed that unless there is a significant change in the COVID rates in the community it should not be required of the employees to wear face masks. It was moved by David and seconded by Kale to accept and file the Theater report. Motion passed. 14. Pool Report – Larry shared a summary of pool information. They are tentatively looking to open May 24 or 25. Admission will be the same as last year. Passes will be offered this year as well. The cost for private parties has been increased to $150 for 2 hours. The board has hired a manager and assistant manager and 17 lifeguards pending certification. Training is scheduled for May 1-2 in Colby. Larry requested the Council review the names of lifeguard applicants. The pool board will have a training and orientation session with the lifeguards at the pool prior to opening. The pool will be open from 6am to 9pm during the week to cover laps, swim team, swim lessons, afternoon session, aquacise, and evening sessions. They are hoping to keep the pool open until the end of August with reduced hours. Larry will bring wages to the Council for approval at a future meeting. Lila indicated that the auditors have requested a written procedure for the pool revenue similar to what we have for the theater and to include the procedure that will be followed for issuing the passes. Some of the umbrellas may need to be replaced. Milliken Reyelts Law Office is sponsoring admission on opening day. Larry asked if the City would allow free admission for the Alumni Celebration. Lila pointed out that the auditors have indicated any free admission at the pool needs to be approved by the Council. A motion was made by Kale and seconded by David to allow free admission on Alumni day which is June 19. Motion passed. A motion was made by Kale and seconded by David to accept and file the pool report. Motion passed. 15. Keller Pond Report – Larry met with Kody Krien, Dave Flemming, and Tom Keller to discuss Keller Pond. He shared a list of priorities that were identified. The major priority is hiring someone to maintain the trees, watering, weed trimming, and general cleanup. The Keller family is willing to help with payment for these services. Because of the requirement for contractors to carry liability insurance, contract labor will likely not be possible so a part time employee will need to be hired. Trees have been purchased but not yet planted. Larry talked about the other priorities on the list. Tom has indicated that a culvert needs to be placed under the walking trail to direct runoff into the pond. JR stated that if this needs to be done it would be paid for out of the Keller Pond portion of the budget. David asked about installing solar lighting around the walking trail and JR stated that has been looked into and is a possibility. The Keller Pond lease  agreement is a 25-year contract with a 10-year provision that ends in 2023. A motion was made by Dara and seconded by Kale to accept and file the Keller Pond Report. Motion passed. 16. Building permits – It was moved by David and seconded by Amanda to approve the following building permits: Deanna Forsythe – 316 W. Webster, remove and replace front porch; Eric Hook – 217 & 221 W. Jackson, widen existing sidewalk and pour small walk; Scott Northrup – 118 N. Quincy, patio and sidewalk; Travis Milne – 215 N. Adams, wood deck; Tim Burr – 422 E. Jackson, replace driveway and some sidewalk. Motion passed. 17. Superintendent Report – a) JR will be getting a quote from HOA for the water control system. The system failed again over the weekend so this needs to be taken care of. It will likely cost close between $60,00 and $90,000. Lila pointed out that funds from the American Rescue Plan could possibly be used for this expense. b) The trash truck is not quite ready to transport recycling. JR has been considering a part time weekend employee for recycling. David indicated he had witnessed a person taking gravel from the pile near the recycling center and asked if it was available for people to take. JR stated that the gravel, as well as the millings, are not free for the taking and this has been an issue. c) The signs at Keller Pond were vandalized a couple of days after being put up. A police report was filed. d) The Council approved vacation carryover for Justin Gardner. e) The contract time for the replacement of the boiler is June-July. f) Sargent Drilling will be testing the wells along with the booster pump at the reservoir. g) JR is waiting to confirm the timeframe for the street work before scheduling Ward Electric for the electric work to make sure there isn’t a conflict with the work being done at the same time. h) JR mentioned the need to replace the boom truck and bucket truck and he will need to travel to find suitable replacements. He expects these will cost between $50,000 and $80,000 each. Authorization for purchase may need to be made on short notice if/when he finds one. i) Scott mentioned that he has seen recent posts on Facebook with citizens commenting on the need to install cameras at the recycling center so there is community support for that. Jason Padgett will be helping JR with a system that will work remotely with DVR’s and the entire area will be surveilled. It was moved by Larry and seconded by Kale to accept and file the Superintendent report. Motion passed. 18. Clerk Report – a) Lila let the Council know that the tax lid has been repealed and replaced with something called a tax neutral rate. Lila has a budget workshop in May and she will get more information then. b) Lila is scheduled for a Municipal Finance webinar on Friday and hopes to get more information at that time regarding the American Rescue Plan. c) The shuttered venue operators grant has had technical difficulties with the application portal and has not yet been opened up for applications. Lila shared information on how the eligibility is determined. The City would be eligible to apply 28 days after the initial application opening date and the amount we could apply for is $31,171.73. Being federal funds, the grant administration will be time consuming, but it could potentially be worth it. d) Lila spoke to Bob Ogden after the last meeting and they are still considering how they are going to do the Veteran’s Memorial and for now they are not going to ask the City to apply for grant funds. e) Lila reminded the Council that Larry, Dara, and Kale’s Council seats are up for election in the fall and the deadline to register as a candidate is June 1. f) This is the time of year that salary reviews are generally done. The Council agreed to have JR and Lila bring recommendations to the next meeting. It was moved by Kale and seconded by David to accept and file the Clerk report. Motion passed. 19. Council Comments: David – May miss the next meeting. Kale – none Amanda - none Dara – none Larry – has received a few complaints regarding pot holes 20. Mayor Comments – none, JR mentioned that the Theater had a failure on the sound system. It is still functioning but there is a hum in an amplifier and the dialogue is a little low. JR will be looking at it and will get it fixed. 21. All bills on Ordinance #1049 were reviewed. It was moved by Amanda and seconded by Kale to approve the bills in the amount of $355,942.63. Motion passed. 22. Adjournment: It was moved by Dara and seconded by Larry to adjourn the meeting. Motion passed. ___________________________________________ City Clerk