May, 2006

May 8, 2006

 

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 Murray Marston, Don Panzer, Dan Ray and Cole Worrell.  Council member Alan Stefek was absent.

 

            Also in attendance were Jonathan Mitchell, City Administrator; John Kerschner, Water/Sewer Superintendent; Chief of Police David Smith; Jim Zamrzla, Street Superintendent; Carey Hipp, City Attorney and Linda Denning, Ellsworth County Independent Reporter.

 

            Murray Marston motioned to approve the consent agenda.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            The Council next reviewed and updated the Project Board.  John Kerschner, Water/Sewer Superintendent is waiting to hear from KDHE on the proposed changes for pond compliance.  Jonathan Mitchell, City Administrator reported the City did not receive the KDOT grant for the Trail Project.  Mr. Mitchell will resubmit the grant application for the next round of awards.

 

            Dan Ray then motioned to approve the City of Ellsworth Personnel Policy & Guidelines.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            The following ordinance was then presented for Council 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 COSTUMERS.

 

            Don Panzer motioned to approve the ordinance.  Dan Ray seconded the motion.  When put to vote all vote aye.  Motion carried.  The ordinance was then numbered 2958.

 

            The following ordinance was next presented for Council action:

 

            BEING AN ORDINANCE LEVING A CITY GROSS EARNINGS TAX ON INTANGIBLES FOR THE YEAR 2007 AND THEREAFTER.

 

            The ordinance died for a lack of a motion.

 

            A resolution calling for a notice of a Neighborhood Revitalization Plan was then presented to the Council.  Dan Ray motioned to approve the resolution.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.  The resolution was then numbered 08-0506A.

 

            Carey Hipp, City Attorney then explained Eagle Communications has purchased Cebridge Connections and is requesting a public hearing be held in order to transfer the Franchise Agreement to them.  Murray Marston motioned to approve the request.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.  The public hearing was then scheduled for May 22, 2006 at 6:30 P.M. in Council Chambers located at City Hall.

 

            Mayor Homolka next made the following appointments:

 

            City Clerk                                            Patti Booher

            Deputy City Clerk/Treasurer               Angela Mueller

            City Attorney                                       Carey Hipp of Sherman, Hoffman and Hipp

            Newspaper                                          Ellsworth County Independent Reporter

            Depository                                          Citizens State Bank & Trust Company

            Judge                                                   Dale Urbanek

            Police Chief                                        David Smith

 

            Murray Marston motioned to approve the Mayor’s appointments.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            The Mayor then opened the floor for nominations of Council President.  Don Panzer nominated Murray Marston.  Dan Ray seconded the nomination.  The floor was then closed to nominations.  When put to a vote all vote aye.

 

            Jim Zamrzla, Street Superintendent, informed the Council his department would be widening St. Clair Street between Bradley Street and Novak Street prior to Chip-n-seal being completed.

 

            Jonathan Mitchell, City Administrator, reported a retirement party was held on May 5^th for Bill Warnock.  Mr. Warnock will continue to contract with the City as a consultant.

 

            Mr. Mitchell next informed the Council of improvements planned for the Ellsworth Memorial Cemetery.  Jim Zamrzla is working with the City Administrator and Kevin Morganfield-Craig on the design.

 

            The Chief of Police reported they have made the southwest corner of Lincoln Avenue and Second Street a No Parking Zone.

 

            Mr. Mitchell next commended the Ellsworth-Kanopolis Chamber of Commerce for requesting funding for 2007 in an amount less than 2006.  Mr. Mitchell noted he appreciated the Chamber’s understanding of the fiscal situation of the City.

 

Murray Marston motioned to go into Executive Session with the City Administrator, City Attorney and the Street Superintendent from 8:03 to 8:08 P.M. to discuss non-elected personnel.  Dan Ray seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session with the above mentioned at 8:03 P.M. and returned to regular session at 8:08 P.M.  Cole Worrell motioned to go into Executive Session with the City Administrator and City Attorney to discuss matters deemed privileged in an Attorney/Client relationship from 8:15 to 8:25 P.M.  Dan Ray seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 8:15 P.M. and returned to regular session at 8:25 P.M.  Cole Worrell motioned to go into Executive Session with the City Administrator and City Attorney to discuss matters deemed privileged in an Attorney/Client relationship from 8:26 to 8:32 P.M.  Dan Ray seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 8:26 P.M. and returned to regular session at 8:32 P.M.  Discussion was then held regarding annexation.  Dan Ray motioned to go into Executive Session with the City Administrator and City Attorney to discuss confidential data relating to financial affairs of second parties from 8:40 to 8:50 P.M.  Murray Marston seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 8:40 P.M. and returned to regular session at 8:50 P.M.  No action was taken.

 

There being no further business on proper motion the meeting was recessed until April 24, 2006.

 

                        Patti L. Booher

                        City Clerk

 

May 22, 2006

 

            The Ellsworth City Council held a public hearing for the purpose of answering questions regarding the proposed franchise agreement with Eagle Communications 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 Don Panzer, Dan Ray, Alan Stefek and Cole Worrell.  Council member Murray Marston was absent.

 

            Also in attendance was City Administrator Jonathan Mitchell; Linda Denning, Ellsworth County Independent Reporter; Dennis Weese, Eagle Communications and Mark Gwinner, Cebridge Connections.

 

            Mr. Weese gave an overview of Eagle Communications and informed the Council of the sale of services in Ellsworth from Cebridge Connections to Eagle Communications.  Mr. Weese then answered questions from the Council.

 

            There being no further business the hearing was closed.

 

                        Patti L. Booher

                        City Clerk

 

 

May 22, 2006

 

            The Ellsworth City Council met in recessed 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 Murray Marston, Don Panzer, Dan Ray, Alan Stefek and Cole Worrell were present. 

 

            Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; John Kerschner, Water/Sewer Superintendent; David Smith, Chief of Police; Linda Denning, Ellsworth County Independent Reporter; Mark Gwinner, Cebridge Connections; Dennis Weese, Eagle Communications and Jennifer Crease, Polly Kralik and Sheryl Miller from Ellsworth Family Connection Center.

 

            There were no customers present to request an extension for Water/Sewer terminations.  The Clerk then presented requests from Richard Watson, Maria Richards and Patti Quick for extensions.  Don Panzer motioned to approve the extensions.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

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

 

            Jennifer Crease, Ellsworth Family Connection Center (EFCC) addressed the Council.  Ms. Crease explained the contract between the City and EFCC required the center to pay the water and sewer charges each month.  Ms. Crease requested the contract be changed to waive the water and sewer fees each month.  Don Panzer then motioned to have the contract redrawn to reflect the Centers requests.  Dan Ray seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Ms. Kralik next informed the Council inmates from ECF had been working at EFCC doing items such as painting the exterior, sealing windows, etc.

 

            An agreement for consulting services of Brenda Spencer was next on the agenda.  Murray Marston motioned to approve the agreement.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            The following ordinance was next presented for action:

 

            AN ORDINANCE PROVIDING FOR THE MANAGEMENT OF PUBLIC RIGHT OF WAYS IN THE CITY OF ELLSWORTH, ELLSWORTH COUNTY, KANSAS.

 

            The Mayor questioned Section 4 of the ordinance in reference to having a city engineer.  Don Panzer motioned to approve the ordinance with a change being made to read City Administrator or his designee rather than city engineer.  Murray Marston seconded the motion.  When put to vote all vote aye.  Motion carried.  The ordinance was then numbered 2959.

 

            The following ordinance was then presented for action:

 

            AN ORDINANCE GRANTING A FRANCHISE TO EAGLE COMMUNICATIONS FOR THE CONSTRUCTION AND OPERATION OF A CABLE SYSTEM WITHIN THE CITY OF ELLSWORTH, KANSAS.

 

            Alan Stefek motioned to approve the ordinance.  Murray Marston seconded the motion.  When put to vote all vote aye.  Motion carried.  The ordinance was numbered 2960.

 

            An antennae attachment agreement between the City of Ellsworth and Eagle Communications was presented for action.  Murray Marston motioned to approve the agreement.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            The following ordinance was then presented for Council 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.

 

            The clerk explained there was a problem with the wording of  Ordinance #2958.  This ordinance further defines residential utility customer.  Murray Marston motioned to approve the ordinance.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.  The ordinance was numbered 2961.

 

            Jonathan Mitchell, City Administrator, gave an update on the 2007 Proposed Budget.  He requested Council hold a work session on June 20^th at 6:00 P.M.  Council agreed to meet at that time to review the proposed budget.

 

            Mr. Mitchell then gave an update on the Airport Master Plan and the Historic District Nomination.  Both of these projects are grants and will be of minimal cost to the City.

 

            Mr. Mitchell also reported KDOT’s regional engineer would be inspecting Evans Street to try to pinpoint the cause of the cracking.

 

            Mr. Mitchell then requested Council direction concerning the employment of Bill Warnock as a consultant to the Golf Course.  When Mr. Warnock first discussed retiring he agreed to be a contract consultant.  After reflecting on the situation it was determined Mr. Warnock would be required to be an employee or he would not be covered by Workman’s Compensation Insurance.  After discussion, Council directed the Administrator to hire Mr. Warnock as a part-time employee not to exceed 999 hours per year.  Council also indicated Mr. Warnock would not be allowed to operate any City equipment until June 1^st when he becomes an employee and to pay Mr. Warnock $850.00 for May’s consulting fee.

 

            John Kerschner then reported the MDS is very low and everyone needs to remember we are still under voluntary water restrictions.  The Clerk has taken out an ad in the paper to remind citizens.

 

            Dan Ray then questioned the progress on the new pump at the golf course.  Mr. Ray has received complaints from golfers the fairways are dying.  Mr. Kerschner reported the pump will be working by the end of the week.

 

            Alan Stefek motioned to go into Executive Session at 7:55 P.M. with the City Administrator and attorney 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 the open meeting at 8:00 P.M. in this room.  The executive 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 Executive Session at 7:55 P.M. and returned to open session at 8:00 P.M.  Dan Ray motioned to go into Executive Session at 8:00 P.M. with the City Administrator and attorney for the purpose of discussing confidential data relating to financial affairs or trade secrets of a corporation, partnership, trust or individual proprietorship and the Council will return to the open meeting at 8:05 P.M.  The executive session is required to protect a trade secret or to protect the privacy rights of a corporation, partnership, trust or individual proprietor with regard to their financial affairs.  Don Panzer 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 8:05 P.M.  Discussion was held but no action was taken.  Alan Stefek motioned to go into Executive Session at 8:10 P.M. with the City Administrator for the purpose of discussing personnel matters for non-elected personnel and that the Council return to the open meeting at 8:20 P.M.  The Executive session is required to protect the privacy interests of an identifiable individual.  Dan Ray seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered Executive Session at 8:00 P.M. and returned to open session at 8:20 P.M.  No action was taken.

 

            There being no further business on proper motion the meeting was adjourned until June 12, 2006.

 

                        Patti L. Booher

                        City Clerk