August, 2007

August 6, 2007

 

            The Ellsworth City Council held a Special Meeting at 6:00 P.M. on the above date for the purpose of taking action on a CMB Renewal for Alco Discount Store and for presentations for the City of Ellsworth Recreation Master Plan.

 

            Mayor Robert Homolka opened the meeting with the following Council members present Don Panzer, Alan Stefek, George Stover, Mary Wires and Cole Worrell.

 

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

 

            A Cereal Malt Beverage License renewal for Alco Discount Store #252 was presented for Council action.  Don Panzer motioned to approve the renewal.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council was then presented Recreation Master Plans from Bucher, Willis & Ratliff, from Shafer, Kline & Warren and also Schwab Eaton.

 

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

 

 

                                                            Patti L. Booher

                                                                                    City Clerk

 

August 13, 2007

 

            The Ellsworth City Council held a Public Hearing to receive comments and answer questions regarding the 2008 Proposed Budget on the above date at 6:45 P.M. in Council Chambers at City Hall.

 

            Mayor Robert Homolka opened the hearing at 6:45 P.M.  The following Council members were present Don Panzer Alan Stefek, George Stover, 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 having questions in regards to the 2008 Budget.  Alan Stefek inquired if the Fire Department had input in the 2008 budget process.  Mr. Mitchell explained the Fire Department Chief submitted his requests to the City Administrator.  The Mayor closed the hearing at 6:55 P.M.

 

 

                                                            Patti L. Booher

                                                                                    City Clerk

 

August 13, 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; Ronnie Tenbrink, Recreation Director; Linda Denning, Ellsworth County Independent Reporter and Mark Roehrman, National Drovers Hall of Fame (NDHF).

 

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

 

            Mark Roehrman addressed the Council to make several requests for assistance before and during the Great American Cattle Drive September 25^th thru 29^th.  The first request was to make improvements to the Cowtown building as it is in need of repairs and fresh paint.  The building will be used as an information booth during the event.

 

            The next request from NDHF was to allow the restrooms and showers at the Recreation Center be used by re-enactors during the weekend of the event.  NDHF has ordered port-a-potties for the event including handicap accessible units.

 

            The final request from NDHF was to close W. First Street from Douglas Avenue to the alley for a Social Pavilion on Saturday, September 29^th.  If this request is approved NDHF will then request a CMB License for the pavilion.

 

            Chief of Police David Smith arrived at the meeting at 7:08 P.M.

 

            Use of the restrooms at the Recreation Center during the event was discussed.  Council is concerned if they were opened for this event others utilizing the facility at a later date will request use of the restrooms.  Mayor Homolka recommended the restrooms be used as “dressing rooms” for the re-enactors and to remain locked when not being used as such.  Ronnie Tenbrink, Recreation Director informed Council only one key to the restrooms would be issued to NDHF.  Mr. Roehrman indicated 27 port-a-potties have been ordered for the event and will be placed throughout locations were events are scheduled.

 

            Jonathan Mitchell, City Administrator, recommended using funds raised from an auction of City surplus equipment to refurbish the Cowtown Building.  Another recommendation was to ask the Boy Scouts if they would volunteer to work on the building.  Mr. Mitchell estimated the expense at approximately $500.

 

            Don Panzer then motioned to authorize the City Administrator to work with Mark Roehrman and NDHF to grant the requests.  Cole Worrell seconded the motion.  David Smith, Chief of Police addressed Council to express his concerns with the Social Pavilion serving Cereal Malt Beverages.  Chief Smith explained there are numerous activities planned for the 29^th.  There are 4 parades planned beginning in the morning.  There will be a carnival, High School band activities at the High School Stadium, Cowtown Idol in Priesker Park and others.

 

            Chief Smith requested additional staff be retained to help with the event.  He explained that in his experience officers and participants are tired by the end of the day’s activities and this can potentially lead to adverse situations.

 

After further discussion Mayor put the motion to vote.  All vote nay.  The motion was defeated.  Don Panzer then motioned to authorize the City Administrator to work with NDHF to make improvements to the Cowtown building not to exceed $500 and to allow the restrooms at the Recreation Center be used as dressing rooms for re-enactors.  George Stover seconded the motion.  When put to vote all vote aye.  Motion carried.  The Chief of Police was instructed to work with NDHF and the Celebrations Committee to determine the amount of Law Enforcement needed for the activities and the amount of expense that would be incurred to hire the additional staff.

 

            Mr. Mitchell reported an extension for one month has been granted by the State of Kansas to drill test wells until the 4^th of September.  Mr. Mitchell also reported the bonds for the TDD Project have been sold.  Closing on the Issue will be in the next few weeks.

 

            After reviewing scores for engineering services for the Recreation Master Plan, Don Panzer motioned to approve Bucher, Willis & Ratcliff as engineers for the plan.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Mr. Mitchell then reviewed the contract and right of first refusal for the property the Ellsworth Family Connection Center is located on.  Alan Stefek motioned to approve the documents.  Don Panzer seconded the motion.  Mr. Mitchell noted the EFCC board had not taken action on the contract and right of first refusal.  They will be reviewing them at their next Board meeting.  Mayor then put the motion to vote.  All vote nay.  Motion defeated.  Council instructed the City Administrator to continue to work with the EFCC Board of Directors.

 

            Cole Worrell then motioned to table, until the August 23^rd meeting, the ordinances for the adoption of Standard Traffic Offenses and Uniform Public Offense Codes.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            George Stover next motioned to approve the GAAP Waiver Resolution.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.  The resolution was then numbered 13-0807A.

 

            Alan Stefek then motioned to approve the 2008 Proposed Budget as published.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.  The following ordinance was the presented for Council action:

 

            AN ORDINANCE ATTESTING TO AN INCREASE IN TAX REVENUES FOR THE BUDGET YEAR 2008 FOR THE CITY OF ELLSWORTH.

 

            Don Panzer motioned to approve the ordinance.  George Stover seconded the motion.  When put to vote all vote aye.  Motion carried.  The ordinance was then numbered 2988.

 

            George Stover requested the Ellsworth County Extension Office be advised in a timely manner of any changes to the status of the Recreation Center.

 

            Mr. Stover then tendered his resignation from the Council upon adjournment of the meeting due to his pending move to LaCrosse.

 

            Alan Stefek suggested an ordinance be drafted requiring residents to keep grass clippings out of the streets.  Mr. Mitchell will research the proposed ordinance.

 

            Don Panzer requested the owners of the old Courthouse/Jail and other property owners in the same area be contacted to have the property mowed prior to the scheduled Cattle Drive and Cowtown events.

 

            Mary Wires reported she had received several complaints concerning sewer rates.  The ordinance raising sewer rates was published and the newspaper printed several articles about the increase, but many citizens were surprised by the increase.

 

            Mr. Mitchell reported bids will be opened on August 31^st for the Airport Overlay Project.  A right of refusal was included in the bid documents.

 

            Mr. Mitchell then requested an auction be held to dispose of City surplus property.  Council directed a list be complied for their review.

 

            Mr. Mitchell next reported FEMA has approved re-imbursement for many of the claims submitted due to flooding.  More information will be available at a later date.

 

            Mr. Mitchell then reported currently there are 12 Single Season Passes and 1 Student Season Pass of which the second half fees have not been paid.  Mr. Tenbrink suggested rules and policies be developed for the Golf Course.  The Advisory Board could help once they have been appointed.  Membership has dropped over the last several years.  Marshalling of the course will begin soon.  Council recommended doubling the green fees for those playing without paying.  Council directed Mr. Tenbrink to send invoices for Season Passes that are not yet paid.

 

            Don Panzer then motioned the Council go into Executive Session with the City Administrator at 8:45 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 9:00 P.M.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 8:45 P.M. and returned to open meeting at 9:00 P.M.  Don Panzer motioned to go into Executive Session with the City Administrator at 9:01 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 9:10 P.M.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 9:01 P.M. and returned to open meeting at 9:10 P.M.  No action was taken.

 

            There being no further business on proper motion the meeting was recessed until August 27, 2007 at 7:00 P.M.

 

 

                        Patti L. Booher

                        City Clerk

 

 

August 27, 2007

 

            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 present were Don Panzer, Alan Stefek, Mary Wires and Cole Worrell.  There is one vacancy on the Council.

 

            Also in attendance were Jonathan Mitchell, City Administrator; David Smith, Chief of Police; Carey Hipp, City Attorney; Tina Davis, Joe Pruitt and Stacie Schmidt, Ellsworth Celebrations Committee; Mark Roehrman, Don Hanson, National Drovers Hall of Fame; Linda Denning, Ellsworth County Independent Reporter; Josh Choitz and Dave Koralek, Jr.

 

            There were no customers in attendance to request an extension for Water/Sewer terminations.  The Clerk presented extension requests until August 31^st for Richard Watson and Maria Skeen.  Alan Stefek motioned to approve the extensions.  Cole Worrell seconded the motion.  When put to vote all vote aye.

 

            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.

 

            Tina Davis, Chairperson Ellsworth Celebrations Committee presented the Council with a preliminary schedule for the Cowtown – Drovers Hall of Fame weekend of September 27 – 30, 2007.  Ms. Davis will be working with the owners of the carnival to determine the hours they will be operating.  Ms. Davis also reported no alcohol will be served in Preisker Park during Cowtown events.  Ms. Davis then requested clarification of where the Council intended for the carnival to be located.  Don Panzer motioned to approve the location of the carnival on East First Street from Douglas Avenue to Court Avenue.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Josh Choitz next addressed the Council.  He has been working with the Celebrations Committee on the reenactment of the Shooting of Sheriff Whitney.  Mr. Choitz is also working with others to reenact a lynching.  The Celebrations Committee and NDHF have opted to not endorse the hanging.  The Ellsworth County Historical Society has approved use of their property to stage the hanging.  David Koralek, Jr. has volunteered to serve as the safety coordinator.  A disclaimer will be made prior to the staging taking place.  Anyone not wishing to view the hanging will be given time to leave.  Linda Denning voiced her concerns with the hanging.

 

            Jonathan Mitchell, City Administrator, informed the Council test wells are to be drilled by the end of the week if there is no rain.  Mr. Mitchell also reported the TDD Bonds were sold and the issue was closed on Wednesday.

 

            Council then revisited NDHF request to use W. First Street from Douglas Avenue to the alley for a Social Pavilion.  Cole Worrell inquired if the business owners in that area had been contacted.  Mr. Roehrman replied NDHF has not contacted owners, but did not feel it was a problem.  Following discussion Don Panzer motioned to approve the request.  Cole Worrell seconded the motion.  When put to vote Panzer, Wires and Worrell vote aye.  Stefek votes nay.  Motion carried.  Mr. Roehrman informed the Council the company supplying the tent will drill 1” holes in the street, but will repair them following the event.

 

            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 2007.

 

            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 2989.

 

            The following ordinance was 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 2007, PROVIDING CERTAIN PENALTIES AND REPEALING ORDINANCE NUMBERED 2970.

 

            Alan Stefek motioned to approve the ordinance.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.  The ordinance was numbered 2990.

 

            A Cereal Malt Beverage License for the Social Pavilion to be held on September 29^th was next on the agenda.  Mr. Stefek noted NDHF had not applied for an exemption to drink or consume any alcoholic liquor on city-owned property.  The item was tabled until the following meeting.

 

            Council reviewed a list of surplus equipment to be auctioned.  Alan Stefek motioned to authorize the Recreation Director to work with Frank Princ to sale the items in one of Mr. Princ’s upcoming sales.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            A draft agreement with BWR for the Recreation Master Plan engineering services was presented for Council review.  The City Attorney is also reviewing the agreement.

 

            A list of possible members for the Golf Advisory Board was reviewed by the Mayor and Council.  Mr. Mitchell was instructed to contact those on the list to inquire if they would be willing to serve on the board.

 

            Chief Smith gave a brief overview of the plan to provide security throughout the City during all events occurring the last weekend of September.

 

            Discussion was then held concerning City of Ellsworth Code 8.16.060D.  The code addresses waste in the streets.  Mr. Mitchell was instructed to review the penalty for placing debris in the road and report back to Council.

 

            Don Panzer then praised the efforts of the person responsible for cleaning the flower bed at the corner of Kunkle Drive and St. Clair Avenue.  No one was aware of who had done the work.  Mr. Panzer also praised E.V. Cathodic for the street sealing that was recently completed.

 

            Mr. Mitchell gave an update on projects submitted to FEMA for re-imbursement.  More information will be made at a later date.  Mr. Mitchell also reviewed letters between the City and Horst-Reiter Foundation.

 

            Alan Stefek then motioned the Council go into Executive Session with the City Administrator and Chief of Police at 8:20 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.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 8:20 P.M. and returned to open meeting at 8:30 P.M.  Alan Stefek again motioned to go into Executive Session with the City Administrator and Chief of Police 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 8:35 P.M.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 8:30 P.M. and returned to open meeting at 8:35 P.M.  Cole Worrell then motioned to go into Executive Session at 8:35 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.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 8:35 P.M. and returned to open meeting at 8:45 P.M.  Cole Worrell motioned to go into Executive Session with the City Administrator at 8:55 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 9:15 P.M.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 8:55 P.M. and returned to open meeting at 9:15 P.M.  Mr. Worrell then requested the ordinance requiring deposits for water/sewer service be reviewed.

 

            Mr. Mitchell reported the newspaper has requested he write an editorial in an upcoming edition explaining recent increases to Water/Sewer billing.

 

            Don Panzer motioned to approve a pay increase for the City Administrator to Step 4 effect September 1, 2007.  The motion was seconded by Cole Worrell.  When put to vote all vote aye.  Motion carried.

 

            There being no further business on proper motion the meeting was recessed until September 10, 2007 at 7:00 P.M.

 

 

                        Patti L. Booher

                        City Clerk