May, 2007
May 14, 2007
The Ellsworth City Council held a Public Hearing to receive comments and answer questions regarding proposed amendments to the Transportation Development District (TDD) on the above date at 6:50 P.M. in Council Chambers at City Hall.
Mayor Robert Homolka opened the hearing at 6:50 P.M. The following Council members were present Don Panzer, Dan Ray, Alan Stefek, Mary Wires and Cole Worrell.
Also in attendance were Jonathan Mitchell, City Administrator and Linda Denning, Ellsworth County Independent Reporter.
There were no citizens present at the hearing.
Mayor Homolka closed the hearing at 6:59 P.M.
Patti L. Booher
City Clerk
May 14, 2007
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 Don Panzer, Dan Ray, Alan Stefek, Mary Wires and Cole Worrell.
Also in attendance were
Alan Stefek motioned to approve the consent agenda. Don Panzer seconded the motion. The motion was then put to vote and all vote aye. Motion carried.
During a review of the Project Board the Grand Avenue Sewer Project was removed from the board. Next Jonathan Mitchell, City Administrator, reported construction would not begin until spring of 2008 on the
Mr. Mitchell then recommended utilizing City Plumbing as the Contractor to move the City utilities and install the storm sewer on the project. Dan Ray motioned to approve City Plumbing to move the City’s utilities and install the storm sewer for the
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.
Don Panzer motioned to approve the ordinance. Alan Stefek seconded the ordinance. When put to vote all vote aye. Motion carried. The ordinance was then numbered 2980.
The Clerk then requested Alan Stefek, Cole Worrell and George Stover recite the Loyalty Oath to begin their 4-year term following the April election. Mayor Homolka then opened the floor for nominations of Council President. Don Panzer nominated Alan Stefek for Council President. Cole Worrell seconded the nomination. Mayor Homolka closed the floor to nominations. When put to vote all vote aye. Motion carried. Mayor Homolka then made the following appointments:
Clerk Patti L. Booher
Deputy City Clerk/Treasurer Angela Mueller
Attorney Carey Hipp
Newspaper Ellsworth
Depository Citizens State Bank & Trust Company
Judge Dale Urbanek
Chief of Police David Smith
Don Panzer motioned to approve the Mayor’s appointments. George Stover seconded the motion. When put to vote all vote aye. Motion carried. Mayor Homolka then made the following board and committee appointments:
Housing Authority Virgil Beougher
Library Board
Mary Herzog
Tourism & Convention Committee Victor Kumar
Planning Commission Alan Doubrava
Janelle Robson
Beautification Committee David Brownback
Alan Stefek motioned to approve the Mayor’s appointments. 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 AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT BETWEEN ELLSWORTH, KANSAS AND THE STATE OF KANSAS, ACTING BY AND THROUGH THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT FOR THE PURPOSE OF OBTAINING A LOAN FROM THE KANSAS WATER POLLUTION CONTROL REVOLVING FUND FOR THE PURPOSE OF FINANCING A WASTEWATER TREATMENT PROJECT; ESTABLISHING A DEDICATED SOURCE OF REVENUE FOR REPAYMENT OF SUCH LOAN; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE LOAN AGREEMENT.
Don Panzer motioned to approve the ordinance. Mary Wires seconded the motion. Mr. Mitchell reported the interest rate for the loan is 2.52%. The City will need to request an amendment to the agreement for an additional $400,000. Mr. Mitchell explained he had hoped to receive a CDBG grant for this amount, but now believes the low to moderate income guidelines could not be achieved. Mayor then put the motion to vote and all vote aye. Motion carried. The ordinance was then numbered 2981.
The following ordinance was next presented for Council action:
AN ORDINANCE RELATING TO A TRANSPORTATION DEVELOPMENT DISTRICT IN THE CITY OF ELLSWORTH, KANSAS AND CERTAIN TRANSPORTATION PROJECTS THEREIN; APPROVING A MODIFICATION OF THE MAXIMUM COSTS OF SUCH TRANSPORTATION PROJECTS; RATIFYING THE BOUNDARIES OF THE DISTRICT, THE METHOD OF FINANCING THE PROJECTS AND THE LEVYING OF A TRANSPORTATION DEVELOPMENT DISTRICT SALES TAX.
Alan Stefek motioned to approve the ordinance. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was then numbered 2982.
Mr. Mitchell then requested the engineer contract for the wastewater treatment project design and specifications be tabled to allow the City Attorney and Administrator more time to review and revise the agreement. Cole Worrell motioned to approve the Administrator’s request. George Stover seconded the motion. When put to vote all vote aye. Motion carried.
Mr. Mitchell next reviewed the Airport Advisory Board’s recommendation for 5-year Airport Consultant Engineer. The Board received 4 submissions to their Request for Qualifications and interviewed 2 of the companies. Following the interview the Board recommended designating HWS as the 5-year Airport Consultant Engineers. Jon Halwbewachs, Kirkham-Michael, requested the information concerning the criteria for the recommendation. Cole Worrell motioned to approve the Airport Advisory Board’s recommendation. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.
Alan Stefek inquired if the City had received an extension for the test drilling for an alternate water source. Mr. Mitchell informed Council he has requested an extension, but had not received a response yet.
Don Panzer requested the Court Order and water contract with Post Rock Rural Water District (PRRWD) be reviewed to determine if the City is still bound by either to continue purchasing water from PRRWD as they are not meeting KDH&E standards. The City Attorney will review these items.
Mr. Panzer then inquired the criteria for sounding the tornado sirens. Mr. Stover, who also serves on the Volunteer Fire Department, explained storm spotters dispatched throughout the County relay severe weather information to the Ellsworth County Sheriff Department Dispatcher, but ultimately the dispatcher sounds the siren at their discretion.
Mr. Mitchell then thanked John Griffith for the landscape work he recently completed at
Mr. Mitchell next reported the Ellsworth County Emergency Management Coordinator has requested FEMA declare all of
The Heritage Trust Fund Grant was not awarded on May 12th due to a lack of quorum. The committee will try to award the grant on the 19th. More information will be forthcoming.
Mr. Mitchell reviewed a letter sent to KDOC requesting additional funding for
Don Panzer then motioned the Council enter Executive Session with the City Administrator at 8:10 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 8:30 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 8:10 P.M. and returned to open meeting at 8:30 P.M. Mr. Mitchell requested employees be paid overtime for time spent working during the recent storm. Alan Stefek motioned to pay overtime for natural disasters regardless of leave used in the same week. George Stover 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 May 30, 2007.
Patti L. Booher
City Clerk
May 30, 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.
In the absence of Mayor Robert Homolka, Council President Alan Stefek called the meeting to order. Council members present were Don Panzer, Mary Wires and Cole Worrell. Council member George Stover was absent.
Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; David Smith, Chief of Police; Mark Seitz, Ellsworth County Independent Reporter Phil Rogers, Cashco, Inc. and Karen Shriner.
There were no customers in attendance to request an extension for Water/Sewer terminations.
Cole Worrell motioned to approve the Consent Agenda. Don Panzer seconded the motion. The motion was then put to vote and all vote aye. Motion carried.
Phil Rogers, Cashco, Inc. addressed the Council. Mr. Rogers presented detailed information concerning contaminants detected in the Homolka Subdivision. Homestead Affordable Housing had the testing completed in an effort to receive HUD financing for a proposed housing project. The property did not qualify for the funding and was no longer feasible due to the finding of the environmental testing.
Mr. Rogers went on to explain Cashco, Inc. has been monitoring the contaminants for at least the last 20 years. Currently they sample every 6 months and no contaminants are being detected. Mr. Rogers also explained Cashco, Inc. will continue monitoring the area and looks forward to working amicably with the City on this and other projects in the future.
Mr. Rogers then fielded questions from the Council. Mr. Rogers indicated no final determination has been made indicating Cashco, Inc. as being responsible for the contamination. However, Mr. Rogers stated the larger issue is continuing to operate Cashco, Inc. and providing job opportunities in the community leading to a stronger local economic status.
Karen Shriner then addressed the Council. Ms. Shriner’s concern is with a neighbor allowing her dogs to run at large. The dogs continually use other neighbor’s yards to relieve themselves and the owner of the animals refuses to remove the feces. David Smith, Chief of Police explained the Police Department has investigated the situation and has a Notice to Appear completed. The notice must be signed by a judge and the Municipal Judge is an acquaintance with the owner of the animals therefore, he has recused himself from the case. The City Attorney is working with the Court Clerk to locate a Pro-tem Judge. Once one has been obtained the Notice will be signed and served to the owner.
There were no updates to the Project Board.
The following ordinance was then presented for Council action:
BEING AN ORDINANCE RELATING TO THE WATER RATES AND PAYMENT REGULATION AS ESTABLISHED IN CODE SECTION 13.08.110 AND 13.08.120 FOR THE CITY OF
Jonathan Mitchell, City Administrator, disbursed linear graphs projecting the potential shortfalls in the near future for the Water/Sewer Department. Don Panzer motioned to approve the ordinance. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2983.
The next ordinance was presented for Council action:
BEING AN ORDINANCE AMENDING ORDINANCE NO. 2882 OF THE CITY OF
Don Panzer motioned to approve the ordinance. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2984.
The following ordinance was next presented for action:
BEING AN ORDINANCE AMENDING ORDINANCE NO. 2495. SAID ORDINANCE BEING AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE CITY OF
Cole Worrell motioned to approve the ordinance. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2985.
The next item on the agenda was a contract with Kirkham-Michael Engineers for design and construction engineer services for the Wastewater Treatment Plant. Cole Worrell motioned to approve the contract. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.
Cole Worrell inquired if mosquito spraying would begin soon. Mr. Mitchell informed the Council the City 6 applications on hand and will spray when the weather permits.
Mr. Worrell then requested Don Lyne be contacted as his extension to raze a dangerous structure has expired. The Chief of Police is to contact Mr. Lyne.
Don Panzer then passed on praise for the employees and volunteers that responded to the flash flood occurring on May 24th. Mr. Panzer also expressed gratitude to Mark Parsons and an inmate crew for repairing the headstones knocked down by the water in the
Mr. Panzer inquired if any progress had been made toward replacing the walking path at
Mr. Panzer then inquired if the City had any responsibility to businesses along the alley behind City Hall due to water damage for flooding. Mr. Kerschner explained the rain was so hard the storm sewers and sewers could not handle all the water. It is not the City’s responsibility.
Mr. Panzer next inquired if any information concerning the Post Rock Rural Water District requiring the City to purchase water had been reviewed. There was no information available at this time.
Carey Hipp, City Attorney, then requested Council increase rates for her services to $125.00 per hour.
Mr. Mitchell informed Council the City had been declared a Federal Disaster Area following the May 5th flooding and will receive reimbursements for some expenses. The County has declared the flash flood on May 24th a disaster also. The state will need to declare a disaster and then the federal government before any funds will be available for reimbursement for damages caused by that storm.
Mr. Mitchell then reported the Heritage Trust Fund had awarded the National Drover’s Hall of Fame a grant for improvements to their building. Mr. Mitchell requested he be permitted to administer the grant. Some of the work may be completed during City time. Council approved the request.
Mr. Mitchell next reported the Planning Commission has requested Riggs Consulting remove the Economic Resources portion of the Comprehensive Plan. The cost of this portion is approximately $3,500.
Mr. Mitchell then reported the
Mr. Mitchell then reported the Local Emergency Planning Committee is working to prepare a warning system that is consistent for the entire County. The siren will be sounded only for tornados. Residents should tune to TV or radio stations broadcasting emergency information.
Cole Worrell then motioned the Council enter Executive Session with the City Administrator at 8:30 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 8:45 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 8:30 P.M. and returned to open meeting at 8:45 P.M. At that time Don Panzer motioned to approve the proposed 2008 Pay Plan to be effective on January 1, 2008 with increases being dependent upon employee evaluations completed on anniversary dates. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.
Don Panzer next motioned to approve an increase in City Attorney fees to $125.00 per hour. Mary Wires 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 June 11, 2007.
Patti L. Booher
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