Monday, March 26, 2007

September, 2006

September 11, 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 and Cole Worrell.

 

Alan Stefek arrived at 7:02 P.M.

 

            Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; John Kerschner, Water/Sewer Superintendent; Linda Denning, Ellsworth County Independent Reporter; Gary Schmidt, Harvey Mikulecky, Kip Spray and Rob Holt, Venture Corporation and Jon Halbgewachs, Kirkham-Michael Engineers.

 

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

 

            Kip Spray with Venture Corporation addressed the Council.  Mr. Spray explained how Venture Corporation would like to resolve the street repairs on the 2004 Street Project.  Mr. Spray would like to use the agreement drawn up by Mr. Donald Drickey, KDOT District Two Engineer, in which payment for the repairs were to be split 3 ways. Venture Corporation is willing to pay for everything but does not want Kirkham-Michael Engineers involved in the repairs.  The inspections of the streets would be done by Venture Corporation and the City of Ellsworth.  Discussion then followed.

 

            Carey Hipp, City Attorney requested an executive session to discuss the legal consequences of the proposal from Venture Corporation.

 

            Gary Schmidt addressed the Council concerning the salvage yard Ordinance, #2951.  Mr. Schmidt was placed on the list of salvage yards.  He says that he is not a salvage yard but an auto mechanic garage.  He does not want to be on the list as a salvage yard.  He has gotten rid of 22 vehicles that were inoperable. Mr. Schmidt requested the Enforcement Officer let him know what requirements are necessary to be excluded from the ordinance.

           

            Further discussion then followed about Ordinance #2951.

 

            Harvey Mikulecky addressed the Council about being in violation of having a salvage yard at his home at 203 S. Grand Ave.  Mr. Mikulecky is taking the parts of the inoperable vehicles and selling them over the internet.  He has tried to cleanup his yard and has gotten rid of 7 inoperable vehicles.  Mr. Mikulecky would like to be able to continue his business.  What does he need to do to continue his business?

 

            Mr. Mikulecky situation is different the Mr. Schmidt’s because it is in a residential neighborhood.  Mr. Mitchell will meet with Mr. Mikulecky to provide more information on what to do concerning his inoperable vehicles in a residential area.

 

            An Ordinance Regulating Public Offenses Within the Corporate Limits of the City of Ellsworth, Kansas; Incorporating by Reference the “Uniform Public Offense Code for Kansas Cities”, Edition of 2006 was tabled until next meeting.

           

An Ordinance Regulating Traffic Within the Corporate Limits of the City of Ellsworth, Kansas; Incorporating by Reference the “Standard Traffic Ordinance for Kansas Cities” Edition of 2006, Providing Certain Penalties and Repealing Ordinance Numbered 2942 was tabled until next meeting.

 

            Jonathan Mitchell asked for an executive session for legal council.

 

            Jon Halbgewachs from Kirkham-Michael Engineers informed Council Kirkham-Michael Engineers does not agree with the terms of the agreement that was drafted by Mr. Drickey for the 2004 Street Project repairs.  Kirkham-Michael Engineers is trying to work with Venture Corp. to come to an agreement.

 

            Alan Stefek motioned to go into Executive Session with the City Administrator, Water/Sewer Superintendent and City Attorney at 7:40 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 returns to open meeting at 7:55 P.M. in this room.  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 into Executive Session at 7:40 P.M. and returned to open meeting at 7:55 P.M.  Murray Marston motioned to authorize City Administrator and City Attorney to negotiate a contract to drill test wells on certain properties within Ellsworth County.  Cole Worrell seconded the motion.  When put to a vote all vote aye.  Motion carried.

 

            Murray Marston motioned to go into Executive Session at 7:58 P.M. with the City Administrator and City 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 returns to open meeting at 8:10 P.M.  The executive session is required to protect the attorney-client privilege, and the public interest.  Alan Stefek 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 8:10 P.M.  Alan Stefek motioned to go into Executive Session at 8:10 P.M. with the City Administrator and City 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 returns to open meeting at 8:20 P.M.  The executive session is required due 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 into Executive Session at 8:10 P.M. and returned to open meeting at 8:20 P.M.  Discussion then followed concerning the Venture Corporation agreement for repairing the 2004 Street Project streets.

 

            Alan Stefek motioned to authorized City Administrator and City Attorney to contact Venture Corporation to make an agreement with them at no cost to the City of Ellsworth.  Cole Worrell seconded the motion.  When put to vote all vote aye. Motion carried.

 

There being no further business on proper motion the meeting was recessed until September 25, 2006.

 

 

 

                        Angela Mueller

                        Deputy City Clerk/Treasurer

 

 

September 25, 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 7:00 P.M.  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 and Martin Hochman, V, Tim Hoffman, Jeffery Pelzel and Ryan West, 2006-2007 Ellsworth County Pride of the Prairie Youth Leadership Program.

 

            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 until October 3, 2006.  Murray Marston motioned to approve the extension.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            The Clerk then requested the Council approve use of 8½” X 11” paper for Utility Billing.  Currently the sorting machine at the Salina Post Office is separating the postcards as they sort them.  Alan Stefek motioned to approve the request after the current stock of post cards has been depleted.  Murray Marston seconded the motion.  When put to vote all vote aye.  Motion carried.

 

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

 

            Tim Hoffman and Ryan West, 2006-2007 Ellsworth County Pride of the Prairie Youth Leadership Participants addressed Council.  Mr. West explained the group is sponsoring the living area at Ellsworth Family Connection Center and requested the City match the funds they raise up to $300.00.  Dan Ray motioned to approve the request.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            There were no updates on the project board.

 

            The following ordinance was presented for Council action:

 

            AN ORDINANCE REGULATING PUBLIC OFFENSES WITHIN THE CORPORATE LIMITS OF THE CITY OF ELLSWORTH, KANSAS; INCORPORATING BY REFERENCE THE “UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES”, EDITION OF 2006.

 

            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 2969.

 

            The following ordinance was next presented for Council action:

 

            AN ORDINANCE REGULATING TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF ELLSWORTH, KANSAS; INCORPORATING BY REFERENCE THE “STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES, EDITION OF 2006”, PROVIDING CERTAIN PENALTIES AND REPEALING ORDINANCE NUMBERED 2942.

 

            Murray Marston motioned to approve the ordinance.  Dan Ray seconded the motion.  When put to vote all vote aye.  Motion carried.  The ordinance was numbered 2970.

 

            The approval of the 2005 Audit was tabled until the October 9th meeting.

 

            Jonathan Mitchell, City Administrator informed the Council he attended a meeting with County Commissioners to discuss County-wide zoning.  Currently the County is in favor of hiring Bickley Foster.  Benchmarks and time schedules will be included in the contract.

 

            Mr. Mitchell informed the Council the Employee Appreciation Dinner will be held on October 13th at 3:00 P.M.

 

            David Smith, Chief of Police informed the Council he had been released by his physician for full duty.  He had previously had been on light duty with no driving due to a medical condition.

 

            Murray Marston then regretfully announced his resignation from the Council effective September 30th of this year.  Mr. Marston requested the Council and City Administrator continue to look for funding sources for long term infrastructure improvements.

 

            Alan Stefek motioned to go into Executive Session at 7:25 P.M. with the City Administrator, Water/Sewer Superintendent and City 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 returns to open meeting at 7:45 P.M.  The executive session is required to protect the attorney-client privilege, and the public interest.  Dan Ray seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 7:25 P.M. and returned to open meeting at 7:45 P.M.  Don Panzer motioned to authorize the Mayor to sign a Memorandum of Agreement with Margot Kurtz.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            There being no further business on proper motion the meeting was adjourned until October 9, 2006.

 

 

 

                        Patti L. Booher

                        City Clerk

 

September 27, 2006

 

            The Ellsworth City Council held a Special Meeting at 5:30 P.M. on the above date for the purpose of the reviewing of and possible action on memorandums of agreement.

 

            Mayor Robert Homolka opened the meeting with the following Council members present Murray Marston, Dan Ray, Alan Stefek and Cole Worrell.  Council member Don Panzer was absent.

 

            Also in attendance were Jonathan Mitchell, City Administrator and Linda Denning, Ellsworth County Independent Reporter.

 

            Jonathan Mitchell, City Administrator, reviewed the Memorandums of Agreement with Citizens State Bank and Trust Company as Trustee of the Margaret Muncie Trust.  Murray Marston motioned to authorize the Mayor to sign the Memorandums of Agreement.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            There being no further business on proper motion the meeting was recessed.

 

 

                                                            Patti L. Booher

                                                                                    City Clerk

 

 

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