April, 2007

April 9, 2007

 

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 Don Panzer, Alan Stefek, Mary Wires and Cole Worrell.  Council member Dan Ray was absent.

 

            Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; John Kerschner, Water/Sewer Superintendent and Linda Denning, Ellsworth County Independent Reporter.

 

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

 

            During a review of the Project Board John Kerschner, Water/Sewer Superintendent gave an update on the Sewerline Project.  Jonathan Mitchell, City Administrator informed the Council a State Revolving Loan Application for the Sewer Pond Project has been sent to KDH&E.  More information will be forthcoming.

 

            Mr. Mitchell also informed Council he is in the process of obtaining signatures on the amended petition for the Transportation Development District.  The petition was amended to 1.25 Million in costs.

 

            Don Panzer inquired if any test wells had been drilled.  Mr. Mitchell reported the ground is still too wet to get into the field.

 

            The following ordinance was then presented for Council action:

 

            AN ORDINANCE, GRANTING TO CITY OF ELLSWORTH WATER AND WASTEWATER DEPARTMENT A DIVISION OF THE CITY OF ELLSWORTH, ITS SUCCESSORS AND ASSIGNS, A UTILITY FRANCHISE, PRESCRIBING THE TERMS THEREOF AND RELATING THERETO, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT WITH OR IN CONFLICT WITH THE TERMS HEREOF.

 

            Cole Worrell motioned to table the ordinance until April 23^rd to allow for further review.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council next reviewed a list of citizens approached concerning the removal of animal excrement.  The Police Department will continue to monitor the public areas.

 

            The next item on the agenda was request from the Celebrations Committee to grant an exception to existing City Codes prohibiting CMB sales and consumption in Priesker Park on May 12^th and September 27^th – 29^th.  Don Panzer motioned to grant the exception.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Cole Worrell requested an update on Ellsworth Family Connection Center (EFCC).  Mr. Mitchell noted he would present the information later in the meeting.

 

            Don Panzer inquired if the Horst-Reiter Trust had taken any action to purchase the Richard Allen property allowing for expansion of the Ellsworth Cemetery or on the walking paths at Kriezek Park.  Mr. Mitchell explained he had not forwarded the requests to the Trustees as of yet.

 

            Mr. Mitchell next informed the Council SB 34 relating to Transportation Development Districts has passed both the State of Kansas House and Senate and is awaiting signature by the Governor.

 

            Mr. Mitchell next reported he had met with the County Commissioners and they have committed $30,000 for airport improvements for Fiscal Year 2007.

 

            Mr. Mitchell next reviewed the Planning Commission’s recommendation of Riggs & Associates to complete a Comprehensive Plan.  Don Panzer motioned to approve the Panning Commission’s recommendation to hire Riggs and Associates to complete a Comprehensive Plan in an amount not to exceed $39,650.00.  Mary Wires seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Mr. Mitchell then reported EFCC board had met and is currently soliciting bids for liability insurance.  The board also agreed to an increase of rates to be self-sustaining.  Mr. Mitchell will have further information for review at a later meeting.

 

            Mr. Mitchell then addressed a request to have the stop sign removed on the South corner of Stanberry and Tenth Streets.  The Chief of Police submitted a report recommending the sign be left in place.  Council indicated the Chief has the authority to determine if the sign should be removed.

 

            There being no further business on proper motion the meeting was recessed until April 23, 2007.

 

 

                        Patti L. Booher

                        City Clerk

 

April 23, 2007

 

            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 Don Panzer, Alan Stefek, Mary Wires and Cole Worrell.  Council member Dan Ray was absent.

 

            Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; David Smith, Chief of Police; Linda Denning, Ellsworth County Independent Reporter and two students from EHS Government Class.

 

            There were no customers in attendance to request an extension for Water/Sewer terminations.

 

            Alan Stefek motioned to approve the Consent Agenda.  Cole Worrell seconded the motion.  The motion was then put to vote and all vote aye.  Motion carried.

 

            Jonathan Mitchell, City Administrator reported the preliminary documents for the KDH&E State Revolving Loan have been reviewed and the final documents should be available within the next several weeks.

 

            Mr. Mitchell next informed the Council the Amended and Restated Petition for the TDD had been signed by all interested parties.

 

            Don Panzer inquired if progress had been made on the test wells.  At this time the ground continues to be too wet for the drilling to commence.

 

            The following ordinance was next presented for Council action:

 

            AN ORDINANCE, GRANTING TO CITY OF ELLSWORTH WATER AND WASTEWATER DEPARTMENT A DIVISION OF THE CITY OF ELLSWORTH, ITS SUCCESSORS AND ASSIGNS, A UTILITY FRANCHISE, PRESCRIBING THE TERMS THEREOF AND RELATING THERETO, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT WITH OR IN CONFLICT WITH THE TERMS HEREOF.

 

            Mayor Homolka questioned Sections 4, 5, 6, 7, 8, 9 and 10.  The Mayor is concerned if the ordinance is adopted in its current form the City will be relinquishing its right-of-ways and easements to other utilities.  Alan Stefek motioned to table the ordinance until the May 14 meeting allowing the City Attorney to review the ordinance and present revisions making the City utilities a priority.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Mr. Mitchell then reviewed the Amended and Restated Petition for the Transportation Development District and presented the following resolution calling for a Public Hearing to be held May 14^th at 6:50 P.M:

 

            A RESOLUTION RELATING TO A CITY OF ELLSWORTH, KANSAS TRANSPORTATION DEVELOPMENT DISTRICT AND THE MAXIMUM COST OF A PROJECT IN SUCH DISTRICT; AND PROVIDING FOR THE GIVING OF NOTICE OF A PUBLIC HEARING.

 

            Cole Worrell motioned to approve the resolution.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.  The resolution was then numbered 23-0407A.

 

            Don Panzer inquired if the City could pass building permit inquiries to another employee if the City Administrator is unavailable.  Mr. Mitchell indicated Jim Zamrzla or Verle Willey could be utilized in this capacity if necessary.

 

            Alan Stefek then inquired if any of the other members or administration were aware of the county planning to start levying taxes on car ports, storage sheds, hangars, etc.  Mr. Mitchell indicated the County had mentioned levying taxes on golf cart sheds, but had not heard anything concerning other property.

 

            Mr. Mitchell then reported a KMIT safety review had been completed and the City received a “Gold Star” rating.  This is the highest rating given by KMIT and the City will receive a 5% discount on the 2008 Workman’s Compensation premium based on the rating.

 

            Mr. Mitchell next informed the Council SB 34 had been signed by the Governor.  Mr. Mitchell then reported grant applications have been submitted on the behalf of the Fire Department. 

 

Mr. Mitchell reported May 4^th proposals for a 5-year airport engineering consultant will be reviewed.  The Airport Advisory Board will conduct interviews with the top 2 or 3 candidates.  Mr. Mitchell also informed the Council Friday, April 29^th bids were open for snow removal equipment for the Municipal Airport.  Two bids were received.  Both bids had irregularities and neither bid could be awarded.  The engineer however did recommend the City accept the bid from Robl Farm Supply for $149,846.40.  This was the low bid.  The other was from Roehr’s Machinery, Inc. for 152,959.00.  Don Panzer motioned to accept the engineer’s recommendation.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

Mr. Mitchell then requested Council’s direction on a request to make the alley running north and south between Douglas and Kansas Avenues one-way.  The direction would be north to allow traffic laws to be observed while depositing mail in the outside boxes located in the alley.  Council recommended researching the procedure to change the alley to one-way.

 

            Alan Stefek then motioned the Council enter Executive Session with the City Administrator, City Attorney and Chief of Police 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 8:00 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 Executive Session at 7:50 P.M. and returned to open meeting at 8:00 P.M.  Alan Stefek then motioned the Council enter Executive Session with the City Administrator at 8:02 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 8:12 P.M.  The executive session is required to protect the privacy interests of an identifiable individual.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 8:02 P.M. and returned to open meeting at 8:12 P.M.  Alan Stefek then motioned the Council go into Executive Session with the City Administrator at 8:12 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 8:22 P.M.  The executive session is required to protect the privacy interests of an identifiable individual.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered Executive Session at 8:12 P.M. and returned to open meeting at 8:22 P.M.  No action was taken.

 

There being no further business on proper motion the meeting was adjourned until May 14, 2007.

 

 

 

                        Patti L. Booher

                        City Clerk