June, 2007

June 11, 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, George Stover, Mary Wires and Cole Worrell.

 

            Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; John Kerschner, Water/Sewer Superintendent; Ron Tenbrink, Recreation Director; Bob Kepka, Fire Chief; Linda Denning, Ellsworth County Independent Reporter and Pastor Phillip Hoppe and Alan Byerly, Ellsworth Family Connection Center (EFCC).

 

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

 

            The Clerk then read aloud a letter from Don Lyne informing the Council he would be attending to the June 25, 2007 meeting.

 

            Pastor Phillip Hoppe addressed the Council.  He first thanked the Council and City for their continued support of EFCC.  He invited Council members to stop at the center to see the renovations that have occurred.  All the rooms have been refurbished and there is a fresh coat of paint both inside and out.

 

            Pastor Hoppe reported KDOC will be increasing their funding from $5,000 annually to $11,000 and board members are more aggressively seeking alternate funding.  This should help the center to become self supporting.  Pastor Hoppe then requested the Council continue be patient as final preparations are completed prior to the center taking ownership of the property.  The Board felt this would be accomplished in 2 or 3 months.  They will keep the Council apprised of their progress.

 

            During a review of the Project Board the Jonathan Mitchell, City Administrator, reported Bond Counsel is working to locate an Underwriter for the Dees/Kunkle Project Bonds.  Mr. Mitchell will relay further information when it is available.

 

            Mr. Mitchell then reported the test wells will not be drilled until after the wheat harvest.

 

            Fire Chief Kepka then addressed the Council.  Chief Kepka explained the “Jaws of Life” equipment the Department is using is not capable of cutting vehicles that have a 5-star crash rating.  The replacement for the tool is $5,000 of which $800 has been donated by Cashco, Inc.  Council will consider the request while prioritizing requests from local foundations.

 

            The Council then reviewed a “Wish List” prepared by the Administrator and Recreation Director along with the Extraction tool mentioned previously by the Fire Chief.  The Administrator requested Council’s direction determining the top 5 from the “Wish List”.  Don Panzer questioned the sod and irrigation at the ballfields.  The City has been placed on restricted water use the 4 prior summers due to low stream flow in the Smokey Hill River.  Mr. Panzer felt it would be unfair to restrict citizens while the City irrigates the ballfields from a well.

 

            Alan Stefek commented he believed paying for Swim Lessons was very worthwhile.  He then inquired if the USD #327 would be paying any of the expense to upgrade facilities at the ballfields.  Ron Tenbrink, Recreation Director, explained the City would reap the most benefit of the improvements as more tournaments both school and City could be held and would bring more people to the City.

 

            Mr. Panzer requested the City continue to maintain their current facilities and not allow them to fall in to disrepair.  George Stover then inquired if there are problems with the existing concession stand.  Mr. Tenbrink responded the building is adequate, but the Council was reviewing a “Wish List”.  The restrooms attached to the concession stands are inadequate.  A problem exists with the plumbing in the bathrooms and clogged stools are a common issue.

 

            Mayor Homolka added he felt seating at Preisker Park was vital.  Mr. Panzer asked the Recreation Director which of the items on the list he would place at the top of the list.  Mr. Tenbrink responded his choice would be the sod and irrigation above the others.  The Mayor recommended acquiring more of the property to the west of the ballfields for expansion and parking.

 

            After further discussion the Council narrowed the list down to the metal cutter for enhanced extraction tool, the walking path at Kreizek Park, swim lessons for youth and adults, seating at Preisker Park and purchase of the Allen property for cemetery expansion.  Following those would be new bleachers for the ballfields, irrigate and sod both ballfields and a well for irrigation.

 

            The next item on the agenda was establishing a fee for Non Sufficient Funds checks.  The Clerk explained no fee is currently in place and the expense of recouping the money has been coming from the General Government Fund.  The cost of mailing a Certified, Return Receipt letter is over $5.00 and the City does not get reimbursed the amount.  George Stover motioned to approve a $30.00 NSF charge effective July 1, 2007.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Ordinance #2964 pertaining to the Pool Fee was the next topic of discussion.  The ordinance was adopted in 2006 and a $2.00 fee per month has been on residential water bills since.  This allows residents of the home to swim free of charge at the Municipal Pool.  The ordinance included a provision to allow for guests of the residences to swim free of charge also.  There have been numerous citizens that have placed family members from rural Ellsworth County on their lists.  The Mayor recommended the City Administrator or Clerk determine if the guests listed on the pool form are eligible.

 

            Mr. Mitchell had provided the Council with 3 options to clarify the matter.  The first was to repeal Ordinance #2964 and approve an ordinance with the portion relating to guest passes omitted.  Allowing only City of Ellsworth residents to swim free of charge.

The second option is to repeal the Ordinance and raise the mill approximately 2.6 mils.  This would allow anyone regardless of where they live to utilize the pool free of charge.  The final option would be to increase admission fees to $4.00 per person per day.

 

            Mr. Panzer recommended the $2.00 pool charge be removed from the bill and a fee of $2.00 per person be charged for admittance to the pool.  The rest of the operational expenses of the pool would be funded by an increase in the mil levy.  Mr. Stefek retorted city taxpayers would be paying for county residents to use the pool.  Mr. Panzer believed the amount of sales tax generated from the County residents, while in the City to swim, outweighed the difference.

 

            Mr. Mitchell explained a residential customer that was unhappy with the City Administrator’s interpretation of “temporarily residing” contacted a Council member.  Mr. Panzer replied temporary could be anything from a couple of hours to a couple of days.  The ordinance does not state the guest must stay overnight.  The City Attorney recommended revising the ordinance including a better definition of “temporarily residing”.

 

            Cole Worrell motioned to approve the following ordinance:

 

            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 CUSTOMER; AND REPEALING AND REPLACING ORDINANCE 2964 OF THE CITY OF ELLSWORTH.

 

            Alan Stefek seconded the motion.  The ordinance will eliminate guest passes for the Municipal Pool.  Recreation Director Ron Tenbrink requested the ordinance be effective at the beginning of the 2008 season.  The Clerk agreed with Mr. Tenbrink.  Consumers expect to bring guests free of charge with their pass because that is how the current ordinance had been written.  Signs should be placed at the pool informing patrons no guest passes will be issued for 2008.

 

The Clerk then requested the Council support the Administrator and Clerk’s decisions pertaining to persons qualified to use guest passes.  Alan Stefek and the Mayor responded the Council will support the Administrator and Clerk’s decisions.  The Mayor then put the motion to vote.  All vote nay.

 

David Smith, Chief of Police, reported his department has begun working on nuisance properties.  Property owners are being contacted to mow grass.

 

George Stover informed the Council he is unsure when he will resign from the Council due to accepting the Administrator position at the Rush County Memorial Hospital.  He currently is commuting, but will move to LaCrosse at some point in the future.

 

Don Panzer inquired if a sewer problem has been detected at the pool.  Mr. Tenbrink explained the situation.  City Plumbing will be working with the W/S department to resolve the issue.

 

Mr. Panzer then inquired if the City had promised to install a culvert for Rick Roach when the old railroad tracks were removed.  The Administrator informed the Council he and the Street Superintendent had previously reviewed the request and the Superintendent did not see the need for a larger culvert to be installed.

 

Mr. Panzer next inquired if City officials could work closer with the Golf Advisory Committee.  If the Committee were active problems at the course could be remedied quickly.

 

Cole Worrell requested the streets that will be “chip-n-sealed” be in good repair prior to the start of the project.  This would include crack sealing, filling holes and scrapping down of high spots.

 

Mr. Worrell then requested the ballfields be fogged for mosquitoes.  Mr. Worrell has received numerous complaints.

 

Mr. Mitchell reviewed the City’s property damage from two storms in May.  The first of which has been approved as a Federal Disaster.  FEMA and KDEM continue to work on the second storm to receive Federal aid.  The second storm was caused more extensive damage than the first to City property.

 

Mr. Mitchell then requested the Council approve 3 days for Budget Work sessions.  The Council will meet July 10, 11 and 12 for work sessions.  Reminders will be sent.

 

            Alan Stefek then motioned the Council enter Executive Session with the City Administrator at 8:51 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to open meeting at 9:01 P.M.  The executive session is required to protect the privacy interests of an identifiable individual.  George Stover seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered Executive Session at 8:51 P.M. and returned to open meeting at 9:01 P.M.  Alan Stefek then motioned the Council enter Executive Session with the City Administrator at 9:01 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to open meeting at 9:06 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 9:01 P.M. and returned to open meeting at 9:06 P.M.  There being no further business on proper motion the meeting was recessed until June 25, 2007.

 

 

                        Patti L. Booher

                        City Clerk

 

 

 

June 25, 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, George Stover, Mary Wires and Cole Worrell.  Council member Alan Stefek was absent.

 

            Also in attendance were Jonathan Mitchell, City Administrator; John Kerschner; Water/Sewer Superintendent; Ron Tenbrink, Recreation Director; Jim Zamrzla, Street Superintendent; Tom Kaleko, Springsted, Inc. and Linda Denning, Ellsworth County Independent Reporter.

 

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

 

            Don Panzer motioned to approve the Consent Agenda.  George Stover seconded the motion.  The motion was then put to vote and all vote aye.  Motion carried.

 

            Don Lyne arrived at the meeting at 7:03 P.M. followed by Carey Hipp, City Attorney at 7:04 P.M.

 

Tom Kaleko, Springsted, Inc. presented the Council his company’s recommendation for bond underwriter Piper-Jaffrey for the TDD Project.  Mr. Kaleko explained the need and job of underwriters for bonded projects.  Don Panzer motioned to approve Piper-Jaffrey for bond underwriter for the TDD Project.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Don Lyne then requested an extension to raze a house on Missouri Avenue.  Mayor approved 3 additional months.

 

            Chief of Police David Smith arrived at the meeting at 7:15 P.M.

 

            The next item on the agenda was to determine if the Recreation Center would cease to exist and be converted into additional storage for the Street Department.  After lengthy discussion George Stover motioned to authorize Jonathan Mitchell, City Administrator to request estimates and proposals to meet ADA compliance and be more energy efficient.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Cole Worrell inquired if the Police Department is actively enforcing the nuisance ordinance.  The Chief confirmed the PD is continuing to contact owners to have nuisances abated.

 

            Greg Hoffman and Robert Speilman entered the meeting at 7:35 P.M.

 

            Don Panzer inquired if there was any news from the Golf Advisory Board.  Mr. Mitchell is working to get the board active.

 

            Mr. Panzer then requested the Celebrations Committee provide information following the June 30^th event.  Mr. Panzer would like the information prior to 2008 Budget preparation.

 

            Greg Hoffman then addressed the Council.  Mr. Hoffman is a trustee of the Stumps Foundation, Wilson-Duckwall Foundation and the Hosrt-Reiter Trust.  Mr. Hoffman wanted to assure the City understood what the trustees were willing to do for the City.  Mr. Hoffman asserted he personally did not approve of the Beer Gardens at Celebrations Committee events.  Mr. Hoffman noted if the Beer Gardens were to continue the foundations he represents would likely not fund any City projects.

 

After discussion George Stover authorized the City Administrator to pursue a long range (5 – 10 years) Parks and Recreation Master Plan funded at least in part by the foundation and trusts represented by Mr. Hoffman.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Mr. Mitchell then reviewed funding requests for the 2008 Budget from the Chamber of Commerce, Smoky Hill Development Corporation and Prairie Enterprise Project.  Mr. Mitchell also reviewed upcoming Celebrations Committee “Movies in the Park” series.

 

            Mr. Mitchell reported engineering fees for the airport overlay are approximately $21,000.  The county has agreed to cover the expense.  Mr. Mitchell also reported action items for the TDD Bonds will be on the July Agendas.  Mr. Mitchell then gave an update on the Wastewater Treatment Plan Project.

 

            Finally Mr. Mitchell reported the Federal Appropriations Committee approved $300,000 for the City’s Wastewater Treatment Plan Project.  The full Senate and House will vote on the appropriation in August.  The funds would be available in May of 2008 if approved.

 

            George Stover then motioned the Council enter Executive Session with the City Administrator at 8:40 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 8:50 P.M.  The executive session is required to protect the privacy interests of identifiable individuals.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered Executive Session at 8:40 P.M. and returned to open meeting at 8:50 P.M.  At that time Don Panzer motioned to return to Executive Session with the City Administrator at 8:50 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to open meeting a 9:00 P.M.  The executive session is required to protect the privacy interests of identifiable individuals.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered Executive Session at 8:50 P.M. and returned to open meeting at 9:00 P.M.  No action was taken.

 

There being no further business on proper motion the meeting was adjourned until July 9, 2007.

 

 

                        Patti L. Booher

                        City Clerk