June, 2006
June 12, 2006
The Ellsworth City Council met in regular session on the above date at
Mayor Robert Homolka called the meeting to order. Council members present were Murray Marston, Don Panzer, Alan Stefek and Cole Worrell. Council member Dan Ray was absent.
Also in attendance were
Murray Marston motioned to approve the consent agenda. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.
There were no updates for the project board.
Lu Adams then addressed the Council requesting the Council waive the $1.00 fee charged to lap swim at the municipal pool. After discussion Murray Marston motioned to amend the Pool Fee Ordinance to include lap swim. Don Panzer seconded the motion. When put to vote Marston and Panzer vote aye. Stefek and Worrell vote nay. Mayor Homolka cast the deciding aye vote. Motion carried.
The following resolution was presented for action:
A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS, AT WHICH A NEIGHBORHOOD REVITALIZATION PLAN SHALL BE CONSIDERED.
Murray Marston motioned to approve the resolution. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 12-0606A.
The following ordinance was then presented for Council action:
BEING AN ORDINANCE AMENDING SECTION 5.08.030 OF THE CITY OF
Alan Stefek motioned to approve the ordinance. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2962.
The following ordinance was next presented for Council action:
BEING AN ORDINANCE AMENDING SECTION 5.12.100 AND 5.12.110 OF THE CITY OF
Murray Marston motioned to approve the ordinance with a change being made in Section 1 to read lawful from unlawful. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2963.
Alan Stefek then motioned to approve the modification to the Lease Agreement dated the 1st day of November with Ellsworth Family Connection Center (EFCC). Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.
Mayor Homolka then appointed Stephanie Loudon to the J.H. Robbins Memorial Library. Cole Worrell motioned to approve the Mayor’s appointment. Murray Marston seconded the motion. When put to vote all vote aye. Motion carried.
Cole Worrell inquired if the mosquito sprayer was ready to be put into service. Murray Marston mentioned he had visited with the Street Superintendent and he is trying to hold off until closer to the Independence Day festivities.
Murray Marston congratulated the Mayor on attaining Level 1 of the
Don Panzer next voiced his concerns about the hours at the Golf Course. Following a lengthy discussion, the Council determined the City Administrator should work with the Recreation Director to set the most advantageous hours.
Mr. Mitchell reminded the Council Public Hearings will be held beginning at 6:30 P.M. on June 26th. The hearings will cover the Downtown Development District, a franchise for Kansas Gas Service and a franchise for AT&T.
Mr. Mitchell then reported the Airport Advisory board has selected HWS Consulting to prepare the Master Plan for the airport. Mr. Mitchell will be bringing a proposal form HWS Consulting for Council approval.
Alan Stefek motioned to go into Executive Session with the City Administrator, City Attorney and the Chief of Police at 7:52 to discuss personnel matters for non-elected personnel and that the Council returns to open meeting at 7:57 P.M. in this room. The executive session is required to protect the privacy interests of an identifiable individual. Murray Marston seconded the motion. When put to vote all vote aye. Motion carried.
Council entered into Executive Session with the above mentioned at 7:52 P.M. and returned to regular session at 7:57 P.M. Alan Stefek motioned to go into Executive Session at 7:58 with the City Administrator and City Attorney to discuss personnel matters for non-elected personnel and that the Council returns to open meeting at 8:08 P.M. The executive session is required to protect the privacy interest of an identifiable individual. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.
Council entered into Executive Session at 7:58 P.M. and returned to open meeting at 8:08 P.M. Cole Worrell motioned to go into Executive Session at 8:08 with the City Administrator to discuss personnel matters for non-elected personnel and that council return to open meeting at 8:18 P.M. The executive session is required to protect the privacy interests of an identifiable individual. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.
Council entered into Executive Session at 8:08 P.M. and returned to regular session at 8:18 P.M. No action was taken.
There being no further business on proper motion the meeting was recessed until June 26, 2006.
Patti L. Booher
City Clerk
June 26, 2006
The Ellsworth City Council held a public hearing for the purpose of answering questions regarding the proposed Neighborhood Revitalization Plan on the above date at 6:30 P.M. in the Council Chambers of City Hall.
Mayor Robert Homolka opened the hearing with the following Council members present Murray Marston, Don Panzer, Alan Stefek and Cole Worrell. Council member Dan Ray was absent.
Also in attendance were Jonathan Mitchell, City Administrator;
Jonathan Mitchell, City Administrator, explained the County is currently not willing to approve the amount proposed in the revitalization plan. The County would like to raise the threshold amount to $30,000 before a tax abatement is given. At this point further negotiations with the County are necessary.
There being no further business the hearing was closed.
Patti L. Booher
City Clerk
June 26, 2006
The Ellsworth City Council held a public hearing for the purpose of answering questions regarding the proposed franchise agreement with Kansas Gas Service on the above date at 6:35 P.M. in the Council Chambers of City Hall.
Mayor Robert Homolka opened the hearing with the following Council members present Murray Marston, Don Panzer, Alan Stefek and Cole Worrell. Council member Dan Ray was absent.
Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney;
James Lambert, Kansas Gas Service, gave a brief overview of the franchise agreement. Mr. Lambert also explained a companion ordinance could also be adopted allowing for a transport fee to be charged for consumers that are buying gas from another marketer and using KGS lines to transport the gas.
Don Panzer questioned weather a service representative would be located in the Ellsworth area. Mr. Lambert explained that the request would not be feasible, but the average response time for KGS is 30 minutes.
There being no further business the hearing was closed.
Patti L. Booher
City Clerk
June 26, 2006
The Ellsworth City Council held a public hearing for the purpose of answering questions regarding the proposed AT&T Franchise Agreement on the above date at 6:52 P.M. in the Council Chambers of City Hall.
Mayor Robert Homolka opened the hearing with the following Council members present Murray Marston, Don Panzer, Alan Stefek and Cole Worrell. Council member Dan Ray was absent.
Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney;
Cindy Zapetal, AT&T explained changes to the franchise agreement. The previous agreement was dated in 2002 and State Statute has changed since that time.
There being no further business the hearing was closed.
Patti L. Booher
City Clerk
June 26, 2006
The Ellsworth City Council met in recessed session on the above date at
Mayor Robert Homolka called the meeting to order 7:01 P.M. Council members Murray Marston, Don Panzer, Alan Stefek and Cole Worrell were present. Council member Dan Ray was absent.
Also in attendance were
There were no customers present to request an extension for Water/Sewer terminations. The Clerk then presented a request from Richard Watson, for an extension. Alan Stefek motioned to approve the extension. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.
Murray Marston motioned to approve the Consent Agenda. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.
The Project Board was reviewed. Jonathan Mitchell, City Administrator, informed the Council he and Street Superintendent Jim Zamrzla would be meeting with representatives from Kirkham-Michael Engineers and Venture Corporation on June 28th. A representative from the Kansas Department of Transportation will also be in attendance.
The following ordinance was then presented to Council for action:
AN ORDINANCE PROVIDING FOR A UTILITY CHARGE FOR PAYMENT OF MAINTENANCE COSTS OF THE CITY SWIMMING POOL AGAINST THE RESIDENTIAL UTILITY CUSTOMERS OF THE CITY OF ELLSWORTH AND DEFINING RESIDENTIAL UTILITY CUSTOMERS; AND REPEALING AND REPLACING ORDINANCE #2961 OF THE CITY OF ELLSWORTH.
Murray Marston motioned to approve the ordinance. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2964.
The following ordinance was next presented for Council action:
BEING AN ORDINANCE AMENDING SECTION 2.36.020, 2.36.050 AND 2.36.090 OF THE CITY OF
Murray Marston motioned to approve the ordinance after the words “improve or” are removed from 2.36.050 A. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2965.
The next ordinance for Council action was:
AN ORDINANCE, GRANTING TO
Cole Worrell motioned to approve the ordinance. Murray Marston seconded the motion. Don Panzer again voiced his concerns a representative be located in the area. When put to vote all vote aye. Motion carried. The ordinance was then numbered 2966.
Chief of Police David Smith arrived at the meeting at 7:12 P.M.
The following ordinance was then presented for Council action:
AN ORDINANCE OF THE CITY OF
Don Panzer motioned to approve the ordinance. Murray Marston seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2967.
The following ordinance was then presented for Council action:
A CONTRACT FRANCHISE ORDINANCE GRANTED TO SOUTHWESTERN BELL TELEPHONE, L.P., A TELECOMMUNICATIONS LOCAL EXCHANGE SERVICE PROVIDER PROVIDING LOCAL EXCHANGE SERVICE WITHIN THE CITY OF
Alan Stefek motioned to approve the ordinance. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2968.
Chief Smith then explained the need for a policy prohibiting racial profile. Alan Stefek motioned to adopt the policy. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.
The Clerk then presented the 2006 GAAP Waiver Resolution for action. Murray Marston motioned to approve the resolution. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 26-0606A.
The Clerk next informed the Council of changes to the Cafeteria Plan to include HIPPA requirements. She then presented a resolution adopting the changes. Alan Stefek motioned to approve the resolution. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The resolution was then numbered 26-0606B.
The ordinance adopting a neighborhood revitalization plan was tabled.
Mr. Mitchell then gave an update on Liberty Technologies and requested the Council hold a 2007 Budget Work session on July 6th at 6:00 P.M. Mr. Mitchell is proposing the 2007 Budget be passed at the July 24th meeting.
Cole Worrell then requested the Administrator review the Code Book for any codes that would apply to the large tractor-trailer containers that can be purchased and placed on personal property within the City.
Murray Marston inquired if there were any codes in place requiring residences to construct a fence around a pool. After discussion it was determined it is an insurance concern for the residence.
Don Panzer then inquired if the City was still working with the City of
Mr. Marston then inquired when the intersection of Third and
Murray Marston motioned to go into Executive Session at 7:52 P.M. with the City Administrator and attorney for the purpose of discussing preliminary matters involving the acquisition of real property and that the Council return to the open meeting at 8:00 P.M. in this room. 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 Executive Session at 7:52 P.M. and returned to open session at 8:00 P.M. Alan Stefek motioned to go into Executive Session at 8:00 P.M. with the City Administrator for the purpose of discussing personnel matters for non-elected personnel and the Council will return to the open meeting at 8:10 P.M. The executive session is required to protect the privacy interests of an identifiable individual. Cole Worrell seconded the motion. When put to vote all vote aye.
Council entered Executive Session at 8:00 P.M. and returned to open session at 8:10 P.M. No action was taken.
There being no further business on proper motion the meeting was adjourned until July 10th, 2006.
Patti L. Booher
City Clerk
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