ELLIS–Ellis County plans to replace two storm sirens per year over the next five years according to Darin Myers, Ellis County Emergency Manager and Rural Fire Chief.

Myers spoke about the plan to Ellis City Council members during their July 17th meeting.

According to Myers, the storm sirens in both Ellis and Victoria were installed more than 35 years ago. Myers hopes all three entities can work together to increase their purchasing power.

Ellis has seven sirens, but Myers believes new technology in sirens may be able to reduce that number to five while still covering the same area. He will further research pricing and report back to the council.

The city’s Capital Improvement Plan calls for replacing one storm siren per year at an estimated price of $20,000 each.

Public Works Director Alan Scheuerman reported street damage due to the large water main break at 11th and Washington streets. A portion of the brick on the south side of 11th Street, 130 feet, was raised four inches by the water pressure.

Council members voted to replace the bricks rather than use concrete.

The council also met in executive session with City Prosecutor Cassy Zeigler, Public Works Director Scheuerman and Water Advisory Committee Chairman Gary Luea to discuss the water exploration project and the acquisition of real estate. No action was taken.

The complete minutes of the meeting are below.

ELLIS CITY COUNCIL REGULAR MEETING
Minutes
July 17, 2017

CALL TO ORDER
Mayor David McDaniel called the meeting to order at 7:30 p.m. Present were Council members Bret Andries, Holly Aschenbrenner, Susan Eaton, Jolene Niernberger, Dena Patee, and Bob Redger. Also present were Public Works Director Alan Scheuerman, City Clerk Amy Burton, Police Chief Taft Yates, Fire Chief Dustin Vine, and City Prosecutor Cassy Zeigler.
PLEDGE OF ALLEGIANCE
AMENDMENTS TO AGENDA
Mayor David McDaniel requested two executive sessions – one after Special Order item (d), and one at the end of the meeting. He would also like to add discussion regarding the 11th Street water main break as the last item under New Business. Council member Dena Patee moved and Council member Holly Aschenbrenner seconded a motion to approve the amendments to the agenda. The motion carried 6-0.
PUBLIC PRESENT
Justine Benoit, Buck Driggs, Darin Myers, Myles Vine, Westin Vine, Sharon Disney, Glen Keller, Cheryl Kinderknecht, and Gary Luea.
CONSENT AGENDA
Council member Dena Patee moved to approve the consent agenda containing the Minutes from the Regular Meeting on July 3, 2017, Bills Ordinance #2025, and the March manual journal entries. Council member Jolene Niernberger seconded the motion. The Council approved the consent agenda 6-0.
PUBLIC COMMENTS
None
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
None
SPECIAL ORDER
Emergency Preparedness: Special Project
Darin Myers, Ellis County Emergency Manager, spoke on the County’s plan to replace two storm sirens per year for the next five years. The storm sirens in both Ellis and Victoria were installed over 35 years ago. Chief Myers stated that if all three entities work together to increase their purchasing power, the sirens may be able to be purchased at a discount. Ellis currently has seven sirens, but Chief Myers believes with new technology the City may be able to reach the same coverage area with only five sirens. The new storm sirens will be tied into the Dispatch Center as well as the Emergency Operations Center. The City has included in the Capital Improvement Plan replacement of one storm siren per year at an estimated cost of $20,000 each. Chief Myers will proceed with researching prices for the new storm sirens and report back to the City.
Fire: Report
Fire Chief Dustin Vine thanked the public for being responsible over the 4th of July holiday. Emergency responders enjoyed a cookout with the SMART travelers at their recent stop at the Lakeside Campground. The Special Military Active Recreational Travel Club (SMART) welcomed approximately 20 first responders from the community.
Fire: Contract
Council reviewed the proposed Mutual Aid Agreement between the Ellis County Fire Department, and the City fire departments from Ellis, Hays, and Victoria. The agreement will allow for responding fire departments to receive reimbursement if aid is received from state or federal agencies, insurance companies, or other sources. City Attorney Olavee Raub has reviewed the agreement with no concerns. Council member Jolene Niernberger moved and Council member Dena Patee seconded a motion to approve the Ellis County Fire Rescue Mutual Aid Agreement as presented. The motion carried 6-0.
Executive Session
Mayor David McDaniel requested an executive session to discuss the water exploration project. A 10-minute executive session was proposed starting at 7:59 p.m. Council member Bret Andries moved for City Council to recess into executive session to hold a discussion prior to the acquisition of real estate pursuant to the acquisition of real property exception, K.S.A. 75-4319 (b)(6) with City Prosecutor Cassy Zeigler, Public Works Director Alan Scheuerman, and Water Advisory Committee Chair Gary Luea present. The open meeting will resume at 8:09 p.m. Council member Holly Aschenbrenner seconded the motion. The motion carried 6-0. No action was taken in executive session.
Museum: Repair/Maintenance
Glen Keller discussed the roof damage at the Ellis Railroad Museum. The Museum received insurance proceeds in the amount of $5,468.42 and used a portion of those proceeds to replace the awning and outside lights damaged. Mr. Keller requested Council include in the Capital Improvement Plan money to replace the roof in the near future. The roof is damaged but not currently leaking. Minor repairs to the roof and chimney could be performed to prolong the complete replacement of the roof a year or more. Other maintenance items needing addressed includes the sidewalk on the north side of the Museum, tuck pointing of the bricks, and replacement of the windows. Mr. Keller stated the Museum Board is researching historical grants that might be available to help fund some of these items. Council discussed that the Public Works Department could make the sidewalk repairs to prevent further water damage from the sloping. Council member Bret Andries moved and Council member Susan Eaton seconded a motion to authorize the minor repairs to the roof and chimney hazard with the repairs to be paid out of the remaining insurance proceeds. The motion carried 6-0.
UNFINISHED BUSINESS
General Government: Financial
Council member Jolene Niernberger moved to approve the 2016 Audit Report as presented by Adams, Brown, Beran & Ball, Chtd. at the last Council meeting. Council member Holly Aschenbrenner seconded the motion. The motion carried 6-0.
Water: Special Project
Buck Driggs, Driggs Design Group, presented the Preliminary Engineering Report for the 2018 Waterline Improvement Project. This document will be submitted to the State along with the City’s Community Development Block Grant application. As part of the grant process, City representatives must attend the KIAC (Kansas Inter-Agency Committee) meeting in Hays on August 8th. Council member Bret Andries moved and Council member Dena Patee seconded a motion to approve the Preliminary Engineering Report as presented. The motion carried 5-1, with Council member Bob Redger opposed.
Street: Special Project
Mr. Driggs continued by presenting a change order in the amount of $2,235.00 from Vogts-Parga Construction, LLC to add steps and a sidewalk to the residence at 11th Street and Dorrance. Council had previously approved the construction of the steps at a cost not to exceed $1,800.00. Council asked to table this item in order to obtain bids from local contractors and compare to the price quoted in the change order.
NEW BUSINESS
Streets: Special Project
Justine Benoit, Grant Administrator with the Northwest Kansas Planning & Development Commission, presented the fourth set of pay applications for the Street Improvement Project. Council member Jolene Niernberger moved to approve Request #4 for Payment of CDBG Funds in the amount of $77,451.36 for the Street Improvement Project. Council member Bob Redger seconded the motion. The motion carried 6-0.
Council member Holly Aschenbrenner moved to approve Contractor’s Pay Estimate #4 to Vogts-Parga Construction, LLC in the amount of $131,957.02 for the Street Improvement Project. Council member Dena Patee seconded the motion. The motion carried 6-0.
Council member Dena Patee moved and Council member Jolene Niernberger seconded a motion to authorize the Mayor to sign the related documents for the Street Improvement Project. The motion carried 6-0.
Sewer: Repair/Maintenance
City Clerk Amy Burton presented the final pay request to the Kansas Department of Health & Environment for sewer improvements. This submittal requests reimbursement for costs related to the replacement of the St. Mary’s lift station. Council member Holly Aschenbrenner moved and Council member Dena Patee seconded a motion to approve Pay Request #8 to KDHE in the amount of $59,082.16. The motion carried 6-0.
Public Works: Violation
City Prosecutor Cassy Zeigler reported on the property at 208 W. 12th destroyed by fire. The property owners have cleaned up the property the best they can, but the structure is still uninhabitable. The owners don’t have the funds needed to have the house razed. Ms. Zeigler explained the legal process for the City to condemn the property and then assess the costs of cleanup back to the owners through their property taxes. Ms. Zeigler also stated the City has a statutory right to go onto the property to add a barrier prohibiting trespassers from entering the unsafe structure. Council member Bret Andries moved and Council member Jolene Niernberger seconded a motion to solicit bids to have the structure at 208 W. 12th demolished. The motion carried 6-0.
City Clerk: Disposal
Council member Holly Aschenbrenner moved to approve the Certificate of Destruction of Public Records as presented. Council member Bob Redger seconded the motion. The motion carried 6-0.
Fire: Repair/Maintenance
Council member Bob Redger moved to ratify the invoice from Hays Fire and Rescue Sales & Service, LLC for the pump tests on the fire trucks in the amount of $1,050.00. Council member Holly Aschenbrenner seconded the motion. The motion carried 6-0.
Sewer: Repair/Maintenance
Public Works Director Alan Scheuerman presented an estimate from Tom Geist to remove and haul the sewer sludge from the temporary storage site. Mr. Geist will charge the City $47 per load and $6 per mile after the first mile. Once the sludge is removed from this temporary site, the site will not be used again unless due to an emergency. Council member Holly Aschenbrenner moved and Council member Bret Andries seconded a motion to accept the estimate from Tom Geist in the amount of $4,000 to remove and haul the sewer sludge from the temporary site, with funds to come from the Sewer Utility fund. The motion carried 6-0.
Water: Acquisition
Council member Bret Andries moved to approve the quote from Brenntag for ten 150-lb. cylinders of chlorine for the Water Treatment Plant in the amount of $1,080.00, plus shipping and hazardous material fees, with funds to come from the Water Utility fund. Council member Dena Patee seconded the motion. The motion carried 6-0.
Parks: Acquisition
Public Works Director Alan Scheuerman presented three bids for a new mower for the Parks Department. All three mowers are diesel powered and feature zero-turn radius maneuverability. Mr. Scheuerman recommends the low bid from Radke Implement for the Kubota mower. The Department also considered another Hustler mower and a Grasshopper mower. The Kubota mower offers a two-year warranty; while the other two mowers offer a three-year warranty. Radke Implement and Gottschalk Equipment Sales offered $5,000.00 for the trade-in of the Hustler mower; while Lang Diesel only offered $3,000.00. After further discussion, Council member Bret Andries moved and Council member Jolene Niernberger seconded a motion to approve the purchase of the Kubota Z326RP mower from Radke Implement at a net cost of $7,000.00, with funds to come from the Special Machinery fund. Upon a call for the vote, Council members Bret Andries, Jolene Niernberger, and Bob Redger voted in favor of the motion, and Council members Holly Aschenbrenner, Susan Eaton, and Dena Patee voted opposed. Mayor David McDaniel inquired as to the reasoning of the opposed votes. Ms. Patee stated she preferred the Grasshopper mower because of the longer warranty offered; Ms. Eaton prefers to run equipment until it dies, and not utilize trade-in value; and Ms. Aschenbrenner stated she couldn’t justify the cost difference between the gas and diesel powered engines. Mayor David McDaniel broke the tie by voting in favor of the motion; therefore, the motion carried 4-3.
Museum: Repair/Maintenance
Council member Holly Aschenbrenner moved to approve the bill from the Auman Company, Inc. in the amount of $719.80 for repairs to the air conditioning units at the Chrysler Museum, with funds to come from the General-Administration budget. Council member Bob Redger seconded the motion. Upon a call for discussion, Council member Jolene Niernberger questioned why the Public Works Department wasn’t notified of the need for repairs when the City is responsible for maintenance of the building, why the Museum contracted with an out of town vendor when there are companies in Ellis that could perform the work, and why the work wasn’t put out for bids? A discussion ensued on the definition of general maintenance versus “major maintenance” as referenced in the lease agreement, and the proper procedures for the museums to follow when repairs are needed. Upon a call for the vote, the motion passed 4-2, with Council members Holly Aschenbrenner, Susan Eaton, and Bob Redger voting in favor of the motion, Council members Bret Andries and Jolene Niernberger voting opposed, and Council member Dena Patee abstaining due to perceived conflict of interest.
Museums: Contracts
Council discussed the lease agreements with the Railroad Museum and Chrysler Boyhood Home. Council inquired of Glen Keller, representative of the Railroad Museum, on his process when repairs are needed. Mr. Keller stated he normally contacts the Public Works Department or comes before Council before any repairs are made. Council discussed clarifying the maintenance section of the lease agreement by adding procedures for the museums to follow if repairs are needed. City Prosecutor Cassy Zeigler will make the minor revisions to the lease agreements for consideration at the next meeting.
General Government: Policy
Council member Bret Andries noted that he had several comments and complaints over the Resolution approved by Council setting the dates for discharge of fireworks. He asked that Council reevaluate the dates and times next May as the holiday will once again fall in the middle of the week.
Streets: Repair/Maintenance
Public Works Director Alan Scheuerman updated Council on the large water main break at 11th and Washington Streets. One hundred thirty feet of the brick street raised up 4” due to the water pressure from the break. Most of the damage is on the south side of 11th Street. Mr. Scheuerman recommended replacing that portion of the brick street with concrete due to the large amount of truck traffic using that portion of the street to make deliveries downtown. Mr. Scheuerman asked if Council wanted to concrete the street and have the street back open in a matter of days; or to replace the brick streets and have the street closed for several weeks. Mr. Scheuerman explained that concrete will have to be poured either way at a cost of approximately $8,000, but sand will need to be purchased if Council chooses to have the bricks reset. Council member Holly Aschenbrenner moved and Council member Bret Andries seconded a motion to go back with the brick streets and to approve up to $10,000 for concrete and sand with funds to be split between the Special Highway and Water Utility funds. The motion carried 6-0.
REPORTS FROM CITY OFFICIALS
Public Works
Streets: Repair/Maintenance
Council member Holly Aschenbrenner expressed concerns that the gutter on the east side of the Dorrance Street bridge has dropped several inches, including ½” just in the last ten days. This is one of two bridges the City owns, and the Dorrance Street bridge provides the only access to eighteen homes in the City. Council member Bret Andries moved to have Driggs Design Group review the bridge on Dorrance Street and provide a recommendation for repair. Council member Dena Patee seconded the motion. The motion carried 6-0, with Council member Holly Aschenbrenner abstaining due to perceived conflict of interest.
Sewer: Repair/Maintenance
Public Works Director Alan Scheuerman reported two more concrete pours are necessary to finish the permanent sludge pit at the Wastewater Treatment Plant.
(Council member Susan Eaton left the meeting at 10:10 p.m.)
Water/Sewer: Training
Council member Holly Aschenbrenner moved and Council member Bret Andries seconded a motion to approve John Leiker and Brad Leiker to attend training in Hays on August 8th, and for Joe Kreutzer and Steve Homburg to attend training in Hoisington August 9th and 10th. The motion carried 5-0.
Police
Police Chief Taft Yates reported the investigation is ongoing with the criminal damage to the miniature train at the Railroad Museum. The Department is also investigating the recent case involving the theft of a vehicle.
City Clerk
City Clerk Amy Burton presented the Health Insurance Savings Report for June and the financial reports for March 2017, consisting of the Statement of Accounts, Treasurer’s Report, and Security Deposit worksheet. Ms. Burton reminded Council of the budget work session with Galen Pfeifer, Adams, Brown, Beran & Ball, Chtd on July 18th. The last day for the swimming pool to be open is August 12th.
Attorney
City Prosecutor Cassy Zeigler updated Council on the status of outstanding code violation cases. The League of Kansas Municipalities is offering a KOMA/KORA class on August 25th in Garden City. Driggs Design Group has submitted a bid for the survey work at the golf course, but no other surveyors have submitted bids to date.
Mayor Update and Announcements
Mayor David McDaniel reported the Ellis County Commission has agreed to split the landfill costs for disposing of the demolition debris from razing the old hotel. The concrete and asphalt will be taken the City’s stockpile.
EXECUTIVE SESSION
Mayor David McDaniel requested an executive session for discussion privileged under the attorney-client relationship. A 10-minute executive session was proposed starting at 10:27 p.m. Council member Dena Patee moved for City Council to recess into executive session to discuss a demand for damages pursuant to the attorney-client privilege exception, K.S.A. 75-4319 (b)(2) with City Prosecutor Cassy Zeigler present. The open meeting will resume at 10:37 p.m. Council member Holly Aschenbrenner seconded the motion. The motion carried 5-0. No action was taken in executive session.
ADJOURNMENT
Council member Bob Redger moved and Council member Holly Aschenbrenner seconded a motion to adjourn the meeting. The motion carried 5-0. The meeting adjourned at 10:39 p.m.