April, 2008 Minutes

April 14, 2008

 

The Ellsworth City Council met in regular session on the above date at 7:00 P.M. in the Council Chambers at City Hall.

 

Mayor Robert Homolka called the meeting to order.  Council members present were Alan Stefek, Mary Wires and Cole Worrell.  Council member Irene Pacey was absent and one Council seat is vacant.

 

            Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; John Kerschner, W/S Superintendent; Clarissa Cunningham, Clubhouse and Event Coordinator; Linda Denning, Ellsworth County Independent Reporter and Sharon Haverkamp.

 

            Alan Stefek motioned to approve the consent agenda.  Cole Worrell seconded the motion.  When put to vote and all vote aye.  Motion carried.

 

            Patrick Hoffman was not in attendance to present a grant from Smoky Hills Charitable Foundation for the Junior Golf Program.

 

            Cole Worrell then made a motion to authorize the Mayor to sign the Neighborhood Revitalization Interlocal Agreement.  Mary Wires seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Jonathan Mitchell, City Administrator, review the Project Board by giving the following updates.  BWR has requested a public meeting be held to review changes per Council direction.  Mr. Mitchell will schedule the meeting and inform Council of the date, time and location.  Mr. Mitchell then updated the TDD Project projected starting date, change orders and state approval of temporary access during the construction.  Mr. Mitchell also explained the City is responsible for the maintenance and barricades in the area.

 

            Council tabled the proposed Financial Policies and Procedures for further review.

 

            Cole Worrell inquired if the Administrator had reviewed the proposed site change for the cart sheds Tom Renard is erecting.  Mr. Mitchell responded he had not, but will contact Mr. Renard in the near future.

 

            Mr. Mitchell then reviewed Ellsworth Municipal Code 12.16.080 referencing Memorials and Markers in the City cemeteries.  A request has been made to allow flanges at the Memorial Cemetery.  The Cemetery Sexton and the local monument producer/installer recommend the Council not change the code.  Council took no action.

 

            Mr. Mitchell next reported the State Street project should begin in May.  City Plumbing will be installing the new water lines and Kyler and Sons will complete the actual street portion of the project.  The majority of the residents affected by the project have been informed of the dates.  Efforts will continue to be made to contact the remaining residents.

 

            Mr. Mitchell also informed Council Spring Clean-Up is set for April 21 – 26.  Tires from any County resident will be accepted.  A grant has been received for disposal of the tires.

 

            Mr. Mitchell then reported Shawn Harding, EMC Insurance Adjustor is working with Mrs. Rosalie Ranker to settle claims arising from a sewer backup.  Mr. Mitchell will report any further information as it becomes available.

 

            Mr. Mitchell then requested Council guidance in reference to Trail Fees at the Golf Course.  After discussion Council determined the Trail Fee is required to be paid per cart, not per member using the cart.

 

            Mr. Mitchell then recommended the City acquire a plaque to recognize citizens donating trees to be placed throughout the City.  Council felt the action is appropriate.

 

            Mr. Mitchell next reported, after speaking with the President of the U.S.D. #327 Board of Directors, the board is willing to hold a joint meeting to receive additional information on Recreation Commissions.

 

            Mr. Mitchell next asked for direction regarding the Homolka Sub-division and the Ellsworth County New Resident Incentive Plan adopted by Resolution #28-0703A.  The Administrator and Clerk will review the resolution and report back to Council as soon as possible.

 

            The last item Mr. Mitchell inquired about was the intentions of the Council to restore water to the Recreation Center for the summer.  After discussion Council advised the water not be restored to the building.  Council also recommended the Administrator contact the County and School Board to request funding to assist with maintenance costs of the facility.

 

                        There being no further business on proper motion the meeting was recessed until April 28, 2008 at 7:00 P.M.

 

 

 

 

                        Patti L. Booher

                        City Clerk

April 28, 2008

 

            The Ellsworth City Council met in recessed session on the above date at 7:00 P.M. in the Council Chambers at City Hall.

 

            In the absence of Mayor Robert Homolka, Council President Alan Stefek called the meeting to order.  Council members present were Irene Pacey, Mary Wires and Cole Worrell.  There remains one vacancy on the Council.

 

            Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; David Smith, Chief of Police; Mark Parsons, Parsons Industries, Pat Hoffman, Smoky Hill Charitable Trust; Linda Denning, Ellsworth County Independent Reporter and Sharon Haverkamp.

 

            There were no customers in attendance to request an extension for Water/Sewer terminations.  The Clerk presented extension requests until May 2^nd for Richard Watson and David Alexander.  Cole Worrell motioned to approve the extensions.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Cole Worrell then motioned to approve the Consent Agenda.  Irene Pacey seconded the motion.  Mr. Worrell noted Ms. Pacey was not in attendance at the previous meeting and the record should be changed to reflect her absence.  When put to vote all vote aye.  Motion carried.

 

            Pat Hoffman, Smoky Hill Charitable Trust then presented a check for $500.00 for the purchase of golf club sets for the Junior Golf Program.  Mr. Hoffman also informed Council work is currently being completed to include the City of Ellsworth in the Trust.

 

            During a review of the Project Board it was noted the TDD Project has been delayed approximately 2 weeks due to wet conditions and the mailboxes for Chisolm Trails will be moved to a new location.  Progress continues to be made on State Street between Ninth and Tenth Streets.

 

            Mark Parsons, Parsons Industries, addressed Council concerning Municipal Code 12.16.080 relating to the placing of memorials in City cemeteries.  Code currently does not allow flanges to be placed in the cemeteries.  Mr. Parsons explained what a flange is and his opinion as to why the City would not want to begin allowing flanges in the cemeteries.  After discussion Cole Worrell motioned to leave Municipal Code 12.16.080 as is.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.

 

The Financial Policies & Procedures was tabled until the following meeting.

 

Alan Stefek motioned to approve the revised City of Ellsworth Mission and Vision Statements.  Mary Wires seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Alan Stefek next motioned to authorize the City Administrator to accept a bid submitted by APAC Kansas, Inc. in the amount of $94,235.20 and to sign all paperwork associated with the airport parking lot rehabilitation project.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Cole Worrell then motioned to authorize the City Administrator to sign a grant agreement with KDOT for an AWOS Internet System for the airport.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Cole Worrell then motioned to authorize the City Administrator to sign a grant agreement with KDOT for a Self-Serve Fueling System for the airport.  Mary Wires seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            David Smith, Chief of Police reported he has been released to work half days.  He will have a nuisance report available for the next meeting.  Alan Stefek recommended officers watch for grass clippings being deposited in the streets.

 

            Mr. Stefek then requested an additional “Children Playing” sign be placed at 3^rd and Webb Streets.  The Administrator will pass the request on to the Street Superintendent.

 

            Cole Worrell inquired if the Administrator had reviewed the proposed site change for the cart sheds Tom Renard is erecting.  Mr. Mitchell responded he had not, but will contact Mr. Renard in the near future.

 

            Mr. Worrell then requested Don Lyne be given an additional 60 days to complete demolition of a house located on Missouri Avenue.  Mr. Worrell then inquired if Eleventh Street between Spring Street and Colorado Avenue could be returned to a two-way street.  The Chief of Police explained it is safer for children at the pool to keep the street a one-way.

 

            Jonathan Mitchell, City Administrator, then presented change order #1 for the TDD Project in an amount of $27,166.25.  This change will add an additional inch of concrete to the streets in the project.  Cole Worrell motioned to approve change order #1.  Mary Wires seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Mr. Mitchell then reviewed the current schedule for the Golf Course including closing of the clubhouse during the months of December and January and requested the structure continue.  Mr. Worrell recommended the restrooms be open if weather permits golf play during those months.

 

            Mr. Mitchell then reported the nuisance properties owned by Shane Bloom had been sold and the new owners intend to demolish the structures located on the lots.  Mr. Mitchell also reported the “Spring Clean-up” was a success.

 

            Mr. Mitchell informed Council Great Plains Manufacturing is working on a plan to move the truck access point for their building from Webb Street to Eighth Street.  The company is requesting the City help to fund the improvement in an amount of $15,000.  The request will be considered at a later meeting.

 

            Mr. Mitchell next reported the Recreation Director has been working to determine the need to inspect the water slide at the pool.  The information he has received indicated slides need to be inspected bi-annually and an estimate of the cost is $2,500.  The Clerk will inquire as to what other cities are doing.

 

            Mr. Mitchell then requested the next Council meeting be moved from May 26^th (Memorial Day) to May 22^nd and it include a public presentation by BWR of the proposed Recreation Master Plan.  Council agreed to the request.

 

            Cole Worrell then motioned Council enter Executive Session with the City Administrator at 7:50 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 7:55 P.M.  Mary Wires seconded the motion.  The executive session is required to protect the privacy interests of an identifiable individual.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 8:50 P.M. and returned to recessed meeting at 8:55 P.M.  No action was taken.

 

            There being no further business on proper motion the meeting was adjourned until May 12, 2008 at 7:00 P.M.

 

 

 

                        Patti L. Booher

                        City Clerk

 

March, 2008 Minutes

March 10, 2008

 

The Ellsworth City Council met in regular session on the above date at 7:00 P.M. in the Council Chambers at City Hall.

 

Mayor Robert Homolka called the meeting to order.  Council members present were Irene Pacey, Don Panzer, Alan Stefek, Mary Wires and Cole Worrell.

 

            Also in attendance were Jonathan Mitchell, City Administrator; David Smith Chief of Police; John Kerschner, W/S Superintendent; Rob Fillion, Smoky Hill Development Corporation; Virginia Boots, Ellsworth Council on Aging, Inc.; Sarah Steele, Gilmore and Bell; Jamie Hall and Greg Hansen, Great Plain Manufacturing, Inc. and Linda Denning, Ellsworth County Independent Reporter.

 

            Alan Stefek motioned to approve the consent agenda.  Irene Pacey seconded the motion.  When put to vote and all vote aye.  Motion carried.

 

            Virginia Boots, Director, Ellsworth Council on Aging, Inc. addressed the Council requesting funds for the continued operation and maintenance of the Ellsworth County Public Transportation.  After the completion of her presentation Council directed the City Administrator to review the budget to determine if funding is available.

 

            John Kerschner, Water/Sewer Superintendent, reported progress is being made on the plans for the Wastewater Treatment Plant.

 

            Mayor Homolka then opened a Public Hearing for the Issuance of Industrial Revenue Bonds for Great Plains Manufacturing, Inc.  Sarah Steele, Gilmore & Bell gave an overview of the Issuance and the required processes to complete the issuance.  Mayor Homolka then closed the hearing.

 

            The following ordinance was presented for Council action:

 

            BEING AN ORDINANCE AMENDING ORDINANCE NO. 2495, SAID ORDINANCE NO. 2495 BEING AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE CITY OF ELLSWORTH, KANSAS.

 

            Greg Hoffman, City Attorney, explained the legal description in the ordinance had been revised following a recent survey of the property.  Don Panzer motioned to approve the ordinance with the revised legal description.  Cole Worrell seconded the motion.  When put vote all vote aye.  Motion carried.  The Ordinance was numbered 2992.

 

            The following ordinance was next presented for Council action:

 

            AN ORDINANCE AUTHORIZING THE CITY OF ELLSWORTH, KANSAS TO ISSUE ITS INDUSTRIAL REVENUE BONDS, SERIES A, 2008 AND SERIES B, 2008 (GREAT PLAINS MANUFACTURING) IN THE AGGREGATE PRINCIPAL AMOUNT OF $4,000,000 FOR THE PURPOSE OF ACQUIRING, IMPROVING AND EQUIPPING AN EXISTING MANUFACTURING FACILITY; AUTHORIZING EXECUTION OF A TRUST INDENTURE (REAL ESTATE) BY AND BETWEEN THE CITY AND UMB BANK, N.A., KANSAS CITY, MISSOURI, AS TRUSTEE; AUTHORIZING EXECUTION OF A TRUST INDENTURE (EQUIPMENT) BY AND BETWEEN THE CITY AND UMB BANK, N.A., KANSAS CITY, MISSOURI, AS TRUSTEE; AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT (REAL ESTATE) BETWEEN SAID CITY, GE GOVERNMENT FINANCE, INC. AND GPM NO. 3, LLC; AUTHORIZING EXECUTION OF A LEASE AGREEMENT (EQUIPMENT) BETWEEN SAID CITY, GE GOVERNMENT FINANCE, INC. AND GREAT PLAINS MANUFACTURING, INCORPORATED; AUTHORIZING EXECUTION OF A TAX COMPLIANCE AGREEMENT BETWEEN THE CITY, GPM NO. 3, LLC AND UMB BANK, N.A.; AUTHORIZING EXECUTION OF A TAX COMPLIANCE AGREEMENT BETWEEN THE CITY, GREAT PLAINS MANUFACTURING, INCORPORATED, AND UMB BANK, N.A.A.; AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT FOR THE SERIES A, 2008 BONDS BY AND BETWEEN THE CITY, GPM NO. 3, LLC, AND GE GOVERNMENT FINANCE, INC., AS PURCHASER OF THE SERIES A, 2008 BONDS; AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT FOR THE SERIES B, 2005 BONDS BY AND BETWEEN THE CITY, GREAT PLAINS MANUFACTURING, INCORPORATED, AND GE GOVERNMENT FINANCE, INC., AS PURCHASER OF THE SERIES B, 2008 BOND; AUTHORIZING THE EXECUTION OF ADDITIONAL DOCUMENTS NECESSARY OR DESIRABLE TO EFFECT THE TRANSACTION CONTEMPLATED HEREBY.

 

            Alan Stefek motioned to approve the ordinance.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.  The ordinance was then numbered 2993.

 

            Don Panzer inquired if the shelter house being constructed at Krizek Park would be ADA compliant.  Mr. Panzer also indicated the Horst-Reiter Trust should be contacted to request they fund the expense of placing a sidewalk from the shelter to the restrooms.  Mr. Panzer also recommended plaques be placed on properties funded by local trusts acknowledging their participation in the projects.

 

            Don Panzer then reported he had been contacted by Annette Bourne on behalf of the Ellsworth County Arts Council inquiring if the City budget included an annual disbursement for them.  The Clerk explained $5000 was budgeted in 2006.  The Arts Council did not request disbursement of the funds and it included in the carryover from the 2006 Budget.  No funds had been since budgeted for the Arts Council.

 

            Alan Stefek requested action be taken to ensure speeding be curtailed on Webb Street.  Suggestions were given to resolve the problem.  The Chief of Police will monitor the situation.

 

            Cole Worrell requested the Police Department be more diligent in traffic enforcement on Evans Street near St. Francis Boys Home.

 

            Jonathan Mitchell, City Administrator reported he had met with the Downtown Beautification Committee and it is their recommendation a master plan be completed prior to the changing of any parking stalls in the downtown area.

 

            Mr. Mitchell also informed Council a pre-construction meeting for the TDD is scheduled for March 20^th and the Ellsworth County Commissioners had approved the Neighborhood Revitalization Plan for the County and a copy of the plan will be presented at the next meeting for Council action.

 

            Don Panzer then motioned Council go into Executive Session with the City Administrator, Clerk and Recreation Director at 8:14 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 8:24 P.M.  The executive session is required to protect the privacy interests of an identifiable individual.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 8:14 P.M. and returned to open meeting at 8:24 P.M.  Cole Worrell motioned to go into Executive Session with the City Administrator at 8:28 P.M. for the purpose of discussing preliminary matters relating to the acquisition of real property and that the Council return to open meeting at 8:38 P.M.  The executive session is required to protect the cities financial interest and bargaining position.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

Council entered into Executive Session at 8:28 P.M. and returned to open meeting at 8:38 P.M.  No action was taken.

 

            There being no further business on proper motion the meeting was recessed until March 24, 2008 at 7:00 P.M.

 

 

 

 

                        Patti L. Booher

                        City Clerk

March 24, 2008

 

            The Ellsworth City Council met in recessed session on the above date at 7:00 P.M. in the Council Chambers at City Hall.

 

            In the absence of Mayor Robert Homolka, Council President Alan Stefek called the meeting to order.  Council members present were Irene Pacey, Don Panzer, Mary Wires and Cole Worrell.

 

            Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; John Kerschner, Water/Sewer Superintendent; Shawn Harding, EMC Insurance; Linda Denning, Ellsworth County Independent Reporter and Rosalie, Randy and Marie Ranker.

 

            There were no customers in attendance to request an extension for Water/Sewer terminations.  The Clerk presented an extension request until April 3^rd for Richard Watson.  Don Panzer motioned to approve the extension.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Cole Worrell then motioned to approve the Consent Agenda.  Mary Wires seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Cole Worrell then motioned Council enter Executive Session with the City Administrator, City Attorney, Water/Sewer Superintendent and Shawn Harding, Claims Adjustor, EMC Insurance at 7:05 P.M. for the purpose of discussing matters involving consultation with an attorney for the council which would be deemed privileged in the attorney-client relationship and that the Council return to open meeting at 7:20 P.M.  Irene Pacey seconded the motion.  The executive session is required to protect the attorney-client privilege, and the public interest.  When put to vote all vote aye.  Motion carried.

 

            Council entered executive session at 7:05 P.M. and returned to recessed session at 7:20 P.M.  Don Panzer then motioned Council enter Executive Session with the City Administrator, City Attorney, Water/Sewer Superintendent and Shawn Harding, Claims Adjustor, EMC Insurance at 7:20 P.M. for the purpose of discussing matters involving consultation with an attorney for the council which would be deemed privileged in the attorney-client relationship and that the Council return to open meeting at 7:30 P.M.  Irene Pacey seconded the motion.  The executive session is required to protect the attorney-client privilege, and the public interest.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 7:20 P.M. and returned to recessed meeting at 7:30 P.M.  Mary Wires then motioned Council enter Executive Session with the City Administrator, City Attorney, Water/Sewer Superintendent and Shawn Harding, Claims Adjustor, EMC Insurance at 7:30 P.M. for the purpose of discussing matters involving consultation with an attorney for the council which would be deemed privileged in the attorney-client relationship and that the Council return to open meeting at 7:40 P.M.  Cole Worrell seconded the motion.  The executive session is required to protect the attorney-client privilege, and the public interest.  When put to vote all vote aye.  Motion carried.

 

 

 

            Council entered into Executive Session at 7:30 P.M. and returned to recessed meeting at 7:40 P.M.  At this time Ronnie Tenbrink, Recreation Director; Ken Arnhold, Superintendent of U.S.D. #327; Rob Fillion, Director, Smoky Hill Development Corporation; Lonnie Soukup, Brooke Insurance and Annette Bourne, Ellsworth Area Arts Council arrived at the meeting.

 

            Randy Ranker addressed Council voicing his displeasure with the City’s response to a sewer backup at his mother’s home at 1002 Prospect Street.  Rosalie and Marie also addressed the Council.  Shawn Harding explained the City was not negligent in the maintenance of the City’s sewer lines and therefore was not liable for the expense Mrs. Ranker incurred due to the backup.  After further discussion Mr. Harding agreed to review the claim.

 

            Annette Bourne, Ellsworth Area Arts Council, requested guidance from the Council as to proper procedure the Arts Council would need to follow to be considered for funding in future budgets.  The Administrator recommended the Arts Council submit a request each May.  If funding is approved the Arts Council will need request disbursement in January of the budget year.

 

            Jonathan Mitchell, City Administrator, reported a pre-construction meeting for the TDD project was held and temporary access to Foster Drive has been requested from KDOT.  Construction is estimated to begin in early May and be completed within 2½ months.

 

            Rob Fillion, Director, Smoky Hill Development Corporation, informed Council the County Commissioners had approved the Neighborhood Revitalization Interlocal Agreement.  Mr. Fillion reviewed the program.  Council tabled the agreement until the April 14^th meeting.

 

            Don Panzer motioned to authorize the Mayor to sign the Deed to the property known as Ellsworth Family Connections Center, the Right of First Refusal Agreement and Real Estate Agreement with the Board of the Center.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Lonnie Soukup, Brooke Insurance, reviewed quotes for City Insurance Coverage.  After reviewing the quotes Alan Stefek motioned to renew the insurance with EMC Insurance.  Cole Worrell seconded the motion.  When put to vote Pacey, Stefek, Wire and Worrell vote yea.  Panzer votes nay.  Motion carried.

 

            Cole Worrell motioned to authorize the City Administrator to sign the EPA Special Infrastructure Grant Application.  Mary Wires seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Alan Stefek then motioned to authorize the City Administrator it sign the Airport Parking Lot Rehabilitation Scope of Services Agreement with HWS.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Ken Arnhold, Superintendent, U.S.D. #327, addressed the Council and spoke in favor of working with the City to consider the option of creating a Recreation Commission.  Council agreed to meet with the U.S.D. #327 Board Members when further information concerning Recreation Commissions is available.

 

            John Kerschner, Water Sewer Superintendent reported progress continues to be made in regards to the design phase of the WWTP.

 

            Don Panzer apologized to John Kerschner for the lack of support he received from the insurance adjustor during the Ranker’s questioning of City liability for the sewer backup.  Mr. Panzer then moved to the podium to address City Council.  Mr. Panzer read a letter of resignation effective immediately.

 

            Cole Worrell requested the City Administrator contact Tom Renard in regards to placing the proposed new cart sheds further to the east than originally reported.  After reviewing the original site Mr. Renard determined placement of the sheds would cause a drainage issue.  Mr. Renard is willing to place a 12” culvert in the drainage area and cover it to allow cart access to the new sheds.  Mr. Mitchell will follow up on the request.

 

            Alan Stefek requested the City change the Water/Sewer tap waiver given on new houses be readdressed in consideration of the proposed revitalization plan.  Mr. Stefek stated he believed at the least the City should require the homes be inhabited by the builder, not built for profit.  Mr. Mitchell will review the policy.

 

            Mr. Stefek next inquired when the “Children Playing” signs would be placed on Webb Street.  The Administrator reported the signs are ordered and will be placed on Webb Street as soon as they arrive.

 

            Mr. Stefek then inquired if “Spring Cleanup” had been scheduled.  Mr. Mitchell reported Slechta Enterprises did not have dumpsters available for this purpose.  Mr. Stefek recommended checking for another provider.

 

            Jonathan Mitchell next reminded Council all non-essential City offices would be closed March 28 for the all-employee retreat.  Mr. Mitchell also informed Council of upcoming dates he would be attending training.

 

            Mr. Mitchell then reported he is preparing an Assistance to Firefighters Grant for a cascade system.  He is also preparing grant paperwork for an environmental assessment at the Municipal Airport.

 

            The next item Mr. Mitchell had for Council action was a counter-offer from Western Cooperative Electric Company of $5,000 for City property located south of the Ellsworth Coop and north of the Rolling Hills pole lot.  Cole Worrell motioned to authorize the City Administrator to negotiate with Western Cooperative Electric Company for the purchase of the requested area to include Western Cooperative Electric Company be responsible for all cost associated with the sale.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Mr. Stefek abstained from voting.

 

            Cole Worrell then motioned Council enter Executive Session with the City Administrator, City Attorney, Water/Sewer Superintendent at 9:25 P.M. for the purpose of preliminary discussion relating to the acquisition of real property and that the Council return to open meeting at 9:30 P.M.  Mary Wires seconded the motion.  The executive session is required to protect the city’s financial interest and bargaining position.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 9:25 P.M. and returned to recessed meeting at 9:30 P.M.  Cole Worrell then motioned Council enter Executive Session with the City Administrator at 9:30 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 9:35 P.M.  Mary Wires seconded the motion.  The executive session is required to protect the privacy interests of an identifiable individual.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 9:30 P.M. and returned to recessed meeting at 9:35 P.M.  No action was taken.

 

            There being no further business on proper motion the meeting was adjourned until April 14, 2008 at 7:00 P.M.

 

 

 

                        Patti L. Booher

                        City Clerk

 

February, 2008 Minutes

February 11, 2008

 

The Ellsworth City Council met in regular session on the above date at 7:00 P.M. in the Council Chambers at City Hall.

 

Mayor Robert Homolka called the meeting to order.  Council members present were Irene Pacey, Don Panzer, Alan Stefek, Mary Wires and Cole Worrell.

 

            Also in attendance were Jonathan Mitchell, City Administrator; David Smith Chief of Police; Ron Tenbrink, Recreation Director; Linda Denning, Ellsworth County Independent Reporter; Chad Weinand and Michael Malyn, BWR; Patrick Hoffman and Peg Britton.

 

            Alan Stefek motioned to approve the consent agenda.  Cole Worrell seconded the motion.  When put to vote and all vote aye.  Motion carried.

 

            Chad Weinand, BWR gave a detailed presentation of concepts for the Recreation Master Plan.  Following the presentation Mr. Weinand recommended a joint meeting with U.S.D. #327 Board members before moving forward.  Mr. Mitchell will work with the Board’s Administrator to schedule the meeting.

 

            Jonathan Mitchell, City Administrator, updated the Council concerning additional water resource exploration and TDD construction.

 

Don Panzer then motioned to approve the following Economic Development Incentive Plan:

 

A POLICY ESTABLISHING THE REQUIREMENTS FOR GRANTING EXEMPTIONS FROM AD VALOREM TAXATION FOR ECONOMIC DEVELOPMENT PURPOSES WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF ELLSWORTH, KANSAS.

 

            Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Mr. Panzer next motioned to approve the E.V. Cathodic Protection street sealing proposal.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Mr. Panzer then commended the staff of the golf course for putting together a tentative schedule of tournaments for the 2008 season.  Mr. Panzer also inquired if the Mayor intends to appoint members to the Golf Course Advisory Board in the near future.  Mayor indicated he would appoint the members at the first meeting in May.

 

            Mr. Mitchell then updated grant awards and percentage of costs the City would be responsible to pay.  Mr. Mitchell also informed Council interviews for Inmate Detail Supervisor will be held on February 12.

 

            There being no further business on proper motion the meeting was recessed until February 25, 2008 at 7:00 P.M.

 

 

 

 

                        Patti L. Booher

                        City Clerk

February 25, 2008

 

            The Ellsworth City Council met in recessed session on the above date at 7:00 P.M. in the Council Chambers at City Hall.

 

            In the absence of Mayor Robert Homolka, Council President Alan Stefek called the meeting to order.  Council members present were Irene Pacey, Don Panzer, Mary Wires and Cole Worrell.

 

            Also in attendance were Jonathan Mitchell, City Administrator; Greg Hoffman, City Attorney; David Smith, Chief of Police; Alan Roush, Ellsworth County Independent Reporter; Tom Renard and Calvin Rohr.

 

            There were no customers in attendance to request an extension for Water/Sewer terminations.  The Clerk presented an extension request until March 3^rd for Richard Watson.  Cole Worrell motioned to approve the extension.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Don Panzer then motioned to approve the Consent Agenda.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            A letter was presented from Sam Karst requesting the Council grant an exception to Ordinance #2973 allowing him to place an additional shipping container on property located at W. First Street and St. Louis Avenue.  The property is zoned commercial.  Don Panzer motioned to approve the request for the second container, under the condition all other requirements of the code must be complied with.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Tom Renard addressed the Council requesting he be permitted to build 3 additional cart sheds with a 2 cart capacity each at the Municipal Golf Course.  Following discussion Don Panzer motioned to allow the new sheds to be constructed under the condition they are in conformity with the adjacent sheds in size and structure and all building codes are followed and permits issued.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Jonathan Mitchell, City Administrator, gave an update on the TDD project.  A pre-construction meeting is planned for March 20, 2008 and construction is expected to begin in early May.

 

            Council then reviewed the Tourism Committee’s funding recommendations.  Don Panzer motioned to approve the recommendations.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Don Panzer inquired the Street Department had plans to utilize the crack sealer in the alley adjacent to City Hall.  At this time no information was available to respond to the inquiry.

 

            Mr. Panzer then voiced his concerns with the future parking issues arising on First Street from Douglas Avenue east and west to the alleys.  Parking is limited on the street and due to businesses locating to First Street parking will be at a premium.  After discussion Council instructed the City Administrator to contact downtown merchants to invite them to the March 24^th meeting to voice their concerns and/or solutions to the situation.

 

            Greg Hoffman, Acting City Attorney, inquired if he would need to be completing any paperwork for the transfer of property from the City of Ellsworth to the Ellsworth Family Connection Center.  The Administrator clarified an agreement has already been prepared and should be with other items Ms. Hipp, City Attorney, has for the City.  Mr. Hoffman will check for the documents at his firm.

 

            Mr. Mitchell informed Council Eric Buchholz had been hired as the Inmate Detail Supervisor.  He will be training with the former supervisor and will also attend training at the Ellsworth Correctional Facility.

 

            Mr. Mitchell also reported the City did not receive the AFG Grant for fire fighting equipment.  A modified application will be submitted for the next round of awards.  Mr. Mitchell relayed a request from the Ellsworth Area Arts Council to set aside a percentage of the mill levy to assist with funding of the Arts Council.  Council recommended the Arts Council submit a request for the 2009 Budget.  Other information provided by Mr. Mitchell included an update on the FEMA Pilot Program and bid opening for the Drover’s Hall of Fame.

 

            Mr. Mitchell then reminded the Council a Public Hearing on a zoning change request from Great Plains Manufacturing would be held on February 26, 2008.  Mr. Hoffman agreed to inquire if an alternate exit could be utilized by Great Plains Manufacturing to avoid damage on Webb Street.

 

            Council agreed to close all non-essential City offices for staff retreat on March 28^th.  Council then reviewed Municipal Codes 5.12.050 and 2.04.070.  No action was taken to change the codes.  Mr. Mitchell then sought approval to install a new tile and rubber floor in the basement.  The cost is slightly higher than the FEMA reimbursement amount.  Council agreed the floor should be installed.

 

            Mr. Mitchell then reported the Street Department is currently searching for a used truck.  The purchase is budgeted and the Superintendent felt strongly a truck could be purchased for less than the amount budgeted.

 

            Cole Worrell then motioned Council go into Executive Session with the City Administrator and Attorney at 8:05 P.M. for the purpose of discussing preliminary matters relating to the acquisition of real property and that the Council return to open meeting at 8:10 P.M.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 8:05 P.M. and returned to open meeting at 8:10 P.M.  Don Panzer motioned to go into Executive Session with the City Administrator and Attorney at 8:10 P.M. for the purpose of discussing preliminary matters relating to the acquisition of real property and that the Council return to open meeting at 8:15 P.M.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 8:10 P.M. and returned to open meeting at 8:15 P.M.  No action was taken.  No action was taken.

 

            There being no further business on proper motion the meeting was adjourned until March 10, 2008 at 7:00 P.M.

 

 

 

                        Patti L. Booher

                        City Clerk

 

January, 2008 Minutes

January 14, 2008

 

The Ellsworth City Council met in regular session on the above date at 7:00 P.M. in the Council Chambers at City Hall.

 

In the absence of Mayor Robert Homolka, Council President Alan Stefek called the meeting to order.  Council members present were Irene Pacey, Don Panzer, Mary Wires and Cole Worrell.

 

            Also in attendance were Jonathan Mitchell, City Administrator; David Smith Chief of Police; John Kerschner, Water/Sewer Superintendent; Linda Denning, Ellsworth County Independent Reporter; Julie Wright, Peter Eck and Darren Webb.

 

            The Clerk presented bids for a new copier.  After reviewing the options Don Panzer motioned to approve the purchase of a Canon imageRunner 4580i from Office Product Incorporated for an amount not to exceed $12,933.00.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Cole Worrell motioned to approve the consent agenda.  Don Panzer seconded the motion.  Questions concerning Claims Ordinance #01-0108A were answered by the Clerk.  When put to vote and all vote aye.  Motion carried.

 

            Darren Webb addressed Council and requested use of the Recreation Center for a dog-pull in May.  After discussion Don Panzer motioned to approve the request providing a review of City Code be conducted by the Administrator to verify the canines participating would permissible within City limits.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Julie Wright next addressed Council.  Ms. Wright explained following an ice storm she had additional family members staying at her home until their electric power could be restored.  The storm occurred during a sewer averaging month and her water usage was higher than normal.  She then requested her sewer average be adjusted to the previous year’s average.  Don Panzer motioned to approve the request.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.  Council noted if any other requests were received they would be handled on an individual basis.

 

            Peter Eck then informed the Council he had purchased Downtown Liquor.  He has submitted an application to the state for a Liquor License.  He will request a Receipt – Occupation Tax when he receives the State’s approved license.

 

            Cary Hipp, City Attorney, arrived at the meeting at 7:20 P.M.

 

            Jonathan Mitchell, City Administrator, reported the hydrologist has identified 5 potential sites for water exploration.  Of the 5 the majority are 5 to 10 miles away from the City.  Work continues to find an alternate source of water.

 

            Mr. Mitchell also reported the State is working with the City in regards to Salvage Yards that are over flowing.  The City has placed stakes where it believes its’ right-of-way/easement exists at A-1 Welding.  The owner of the salvage yard has been directed to remove any items past the stakes and is complying.

 

            Mr. Mitchell informed the Council the Omnibus Appropriations Bill had been approved and the City will receive $300,000.00 to be used for the wastewater treatment facility improvements.  These funds will not be received for several months.  Council will make at determination on Sewer rates after the monies have been received.  John Kerschner reported progress is being made slowly on the project.  Mr. Kerschner indicated the improvements would not be completed in 2008.

 

            Don Panzer next motioned to loan the baby grand piano that currently is not being utilized by the City to USD #327 with the understanding if they no longer wish to use it the piano it is returned to the City and while in their possession they are responsible for the maintenance it requires.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            The review of the Recreation Master Plan Concept drawings was tabled until the next meeting.

 

            Don Panzer then moved to authorize the Clerk to sign the Confirmation of Understanding with Clubine, Rettele Chartered for the 2007 Audit.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Irene Pacey noted the Street Department has been busy picking up limbs and debris from the ice storm.  Mr. Stefek recommended a deadline for pick up be determined.  Mr. Mitchell will discuss a timeframe with the superintendent.

 

            Don Panzer inquired as to whose responsibility it is to maintain the streets in the TDD project.  Mr. Mitchell confirmed it is the City’s responsibility and the street department had taken care of the issue.

 

            Carey Hipp, City Attorney, reminded the Council she would be on maternity leave sometime in the very near future.

 

            Mr. Mitchell updated the Council on many grant applications and awards, new employees and progress being made identifying owners of golf cart sheds at the municipal course.  Mr. Mitchell next reviewed Blue Cross/Blue Shield Premiums.  There is a significant increase in rates.  Mr. Mitchell has requested each department cut costs to cover the additional premium.

 

            Mr. Mitchell also requested Council permission to attend the University of Kansas Certified Public Manager Program.  Council agreed the program is continuing education and encouraged Mr. Mitchell to enroll.

 

            Alan Stefek then motioned the Council enter Executive Session with the City Administrator and Attorney at 8:10 P.M. for the purpose of discussing matters involving consultation with an attorney for the council which would be deemed privileged in the attorney-client relationship and that the Council return to open meeting at 8:20 P.M.  The executive session is required to protect the attorney-client privilege and the public interest.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered Executive Session at 8:10 P.M. and returned to open meeting at 8:20 P.M.  No action was taken.

 

            There being no further business on proper motion the meeting was recessed until January 28, 2008 at 7:00 P.M.

 

 

 

 

                        Patti L. Booher

                        City Clerk

 

January 28, 2008

 

            The Ellsworth City Council met in recessed session on the above date at 7:00 P.M. in the Council Chambers at City Hall.

 

            In the absence of Mayor Robert Homolka, Council President Alan Stefek called the meeting to order.  Council members present were Irene Pacey, Don Panzer, Mary Wires and Cole Worrell.

 

            Also in attendance were Jonathan Mitchell, City Administrator; Greg Hoffman, City Attorney; David Smith, Chief of Police; Robert Fillion, Smoky Hill Development Corporation; Kermit Rush and Albert Oller, Ellsworth County Commissioners; Linda Denning, Ellsworth County Independent Reporter; a delegation from Great Plains Manufacturing; Patrick Hoffman, John Sherman and other City of Ellsworth citizens.

 

            There were no customers in attendance to request an extension for Water/Sewer terminations.  The Clerk presented an extension request until February 3^rd for Richard Watson.  Don Panzer motioned to approve the extension.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Cole Worrell then motioned to approve the Consent Agenda.  Mary Wires seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Patrick Hoffman, Attorney for Peter and Amy Eck then informed Council the Eck’s had received a State Liquor License and requested the City issue an Occupation Tax Receipt for Downtown Liquor & Spirits.  Don Panzer motioned to approve the request. Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.

 

Alan Stefek then motioned Council go into Executive Session with the City Administrator and Attorney at 7:05 P.M. for the purpose of discussing matters involving consultation with an attorney for the council which would be deemed privileged in the attorney-client relationship and that the Council return to open meeting at 7:20 P.M.  The session is required to protect the attorney-client privilege and the public interest.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 7:05 P.M. and returned to open meeting at 7:20 P.M.  At this time Roy Hall, owner and Linda Salem, CFO Great Plains Manufacturing, addressed Council.  After giving a description of the various divisions of the company Mr. Hall further explained a contract on the El-Kan building had been signed and GPM is planning to expand their manufacturing capabilities by utilizing the building.  Ms. Salem then explained the benefits of the City issuing Industrial Revenue Bonds to GPM.  When Mr. Hall had finished answering questions from the Council Greg Hoffman, City Attorney presented the Council with the following resolution:

 

            A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS DETERMINING THE ADVISABILITY OF ISSUING THE CITY’S INDUSTRIAL REVENUE BONDS TO PAY THE COSTS OF ACQUIRING AND EQUIPPING A MANUFACTURING FACILITY LOCATED IN THE CITY.

 

            Don Panzer motioned to approve the resolution.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.  The resolution was numbered 28-0108A.

 

            A policy establishing the requirements for granting exemptions from ad valorem taxation for economic development purposes within the corporate boundaries of the City of Ellsworth, Kansas was tabled until further review by Bond Counsel at the recommendation of the City Attorney.

 

            Don Panzer then motioned to approve the Cost Benefit Analysis worksheet as to form only from Kansas Department of Commerce.  Cole Worrell seconded the motion.  The form is required to be completed prior to the approval of IRBs.  When put to vote all vote aye.  Motion carried.

 

            David Smith, Chief of Police, reviewed department recommendations received from officers.  He will narrow the requests to determine which requests are reasonable.

 

            Alan Stefek inquired what process would be implemented to have limbs and debris from the ice storm removed if property owners do not do it.  The Chief of Police responded they would be handled through the Police Department in the same manner as any other nuisance property.

 

            Don Panzer inquired if additional funding for health insurance premiums had been determined.  Mr. Mitchell explained each Department Head is responsible to cut their department budgets by $1750.00 per employee in their department enrolled in health insurance.

 

            Mr. Mitchell gave grant updates for various projects.  He then informed Council of a upcoming program provided by the local paper on the topic of Open Meetings and Open Records.

 

            There being no further business on proper motion the meeting was adjourned until February 11, 2008 at 7:00 P.M.