September, 2007

September 10, 2007

 

The Ellsworth City Council met for regular session on the above date at 7:00 P.M. in the Council Chambers at City Hall.

 

Mayor Robert Homolka declared a quorum was not present and rescheduled the meeting for Thursday, September 13, 2007 at 7:00 P.M.  Council members present were Mary Wires and Cole Worrell.  Also in attendance was Jonathan Mitchell, City Administrator.

 

 

                        Patti L. Booher

                        City Clerk

 

 

September 13, 2007

 

The Ellsworth City Council met in a reconvened 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 Alan Stefek, Mary Wires and Cole Worrell.

 

            Also in attendance were Jonathan Mitchell, City Administrator; David Smith, Chief of Police; John Kerschner, Water/Sewer Superintendent; Linda Denning, Ellsworth County Independent Reporter; David Brownback Downtown Beautification Task Force and Mark Roehrman, National Drovers Hall of Fame (NDHF).

 

            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.

 

            David Brownback, Downtown Beautification Task Force, addressed the Council.  Mr. Brownback explained the purpose of the group.  They are in the processes of determining their main objectives.  Several of the possibilities include working to develop and/or improve the downtown infrastructure, installing decorative lighting, sidewalk inlays or benches, planters, etc.  Mr. Brownback also indicated developing a common theme for property owners is very important to the committee.

 

            Mr. Brownback further explained meetings with William Morris were being held with property owners to receive input from the owners.  A KDOT grant may be available to help with some of the renovations.  This is a highly competitive grant with limited funding available.  The deadline is November 7^th.  There is a match required to receive the grant and depending on the amount awarded could be up to $200,000.  A request for city funding of at least a portion of this amount may be forthcoming.  At the conclusion of his presentation Mr. Brownback left the meeting.

 

            Mark Roehrman, NDHF then requested the City allow Cereal Malt Beverages be permitted on City property.  NDHF would like to make the beverages available on West First Street from Douglas Avenue west to the alley.  Mr. Roehrman indicated liability insurance coverage will be in place for the event.  The Chief of Police requested he and the City Administrator have the authorization to halt the sale of cereal malt beverages if problems occur.  Mr. Roehrman then departed.

 

            John Kerschner, Water/Sewer Superintendent reported the test drilling had been completed and the site was not suitable for the City’s needs.  Mr. Kerschner indicated he and Mr. Mitchell were in the process of contacting hydrologists for proposals to help locate an acceptable source of water for the City.

 

            Mr. Mitchell reported he would be applying for a grant thru KDOC&H to make improvements to the Recreation Center to modify the restrooms to meet ADA requirements.  Mr. Mitchell then reported the City Attorney made one change to the contract for the Recreation Master plan.  The change was in the payment portion of the agreement and it was revised to accommodate the Horst-Reiter Fund Trustee’s request.

 

            A review of plans to close the Recreation Center was completed.  Currently the building is still open, but the restrooms have been locked.  The pilot lights on the furnaces continue to burn.  The water will be turned off at the beginning of October.

 

            The next item on the agenda was the request from NDHF to serve Cereal Malt Beverages on City property.  Cole Worrell motioned to approve the request.  Alan Stefek seconded the motion.  The Chief of Police then stated his displeasure with the request.  Mayor then put the motion to vote.  Voting yea was Worrell, nay were Stefek and Wires.  The motion did not carry and the request was denied.

 

            A copy of the City of Ellsworth Codes 8.16.060 and 8.16.120 referring to debris in streets and the associated penalty were reviewed.  Council requested the Police Department monitor the problem and work with citizens when they are not in compliance with the code.

 

            Mr. Mitchell then reviewed the recommendation from HWS Engineers for the airport overlay project.  The low bid was received from APAC Shears in the amount of $238,052.22.  Mr. Mitchell further recommended the Council also approve a change order to include overlay of the connecting taxiway increasing the total to $263,000.  The engineer’s original estimate was $336,931.50.  The bid from APAC Shears including the change order is below the engineer’s estimate.  Alan Stefek motioned to approve HWS Engineers recommendation including the change order.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Mr. Stefek then nominated Mayor Homolka and City Administrator Mitchell as the League of Kansas Municipalities Voting Delegates.  Mary Wires seconded the nomination.  When put to vote all vote aye.  The Clerk will forward the paperwork to LKM.  The Council members were then encouraged to attend the LKM Annual Conference in Overland Park October 6^th – 9^th.

 

            The operation of the Golf Course was tabled until after all Executive Session had been held.

 

            Mary Wires inquired as to the reason for the speed limit signs being removed on Evans Street between E. First Street and Avenue “JJ”.  The City Administrator will check on this to be sure the signs are posted.

 

            Mr. Mitchell then informed the Council the majority of the snow removal equipment for the airport has arrived at Robl Farm Supply.  Mr. Mitchell also reviewed the latest information on claims submitted to FEMA.  One of the issues is FEMA will not approve the replacement of the dance floor in the basement unless the City purchases Flood Insurance for City Hall.  The claim is over $5,000.  Mr. Mitchell will check on insurance and other options and report back to the Council.

 

            Mr. Mitchell next reported Franc Prince has agreed to include the City’s surplus property at no charge with his next estate auction.  No date has been set.

 

            Mr. Mitchell then review tax rebates for a Neighborhood Revitalization Plan.  The City had previously approved the Plan as had the School District.  The County Commissioners did not approve the plan.  The economic development director will be presenting the plan to the commissioners on September 17^th.  If they approve the plan it will return to the City and School District for action.

 

            Mr. Mitchell next reviewed the YTD Budget information and progress being made on the TDD Project.

 

            Mr. Mitchell lastly requested Council guidance in reference to an Interlocal Agreement with U.S.D. #327.  Mr. Mitchell has met with Ken Arnhold, the new Superintendent for the District.  Mr. Arnhold is open to a partnership with the City.  Council will consider this item and give guidance at the next meeting.

 

            Alan Stefek then motioned the Council go into Executive Session with the City Administrator, City Attorney and Chief of Police at 8:05 P.M. for matters involving consultation with an attorney for the council which would be deemed privileged in the attorney-client relationship and return to open meeting at 8:15 P.M.  The session is required to protect the attorney-client privilege, and the public interest.  Mary Wires seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 8:05 P.M. and returned to open meeting at 8:15 P.M.  Alan Stefek then motioned the Council go into Executive Session with the City Administrator at 8:17 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 8:27 P.M.  The 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 into Executive Session at 8:17 P.M. and returned to open meeting at 8:27 P.M.  Council returned to the tabled Operations at the Golf Course.  Mr. Mitchell inquired if the Council would like to take any action on the management structure of the Golf Course.  Mr. Mitchell has instructed the current Pro Shop Manager/Recreation Director to re-locate his office to City Hall and to concentrate his efforts as Recreation Director only.

 

            Further discussion included the possibility of closing the Golf Course Pro Shop during the months of December and January.  Cole Worrell motioned to close the Pro Shop beginning December 1, 2007 thru January 31, 2008 as a trial period.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Mr. Mitchell next informed the Council the Daily Green Fee Tags have arrived.  He inquired if the Council would like these to be implemented immediately or if this practice should start at the beginning of the year.  After discussion it was decided to start as soon as possible to allow customers to adjust to the changes.  Jonathan Mitchell, Cole Worrell, Don Panzer and Patti Booher will marshal the course as they are available.

 

            Finally Mr. Mitchell inquired if the Council would want to begin accepting credit cards at the golf course.  The fees would be at least 2% of proceeds from the course on credit card payments.  At this time there is no justification to accept credit cards as use is seldom requested.

 

            There being no further business on proper motion the meeting was recessed until September 24, 2007 at 7:00 P.M.

 

 

                        Patti L. Booher

                        City Clerk

 

 

September 24, 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; Ronnie Tenbrink; Recreation Director: Tina Davis, Tami McGreevy and Stacie Schmidt, Ellsworth Celebrations Committee; Mark Roehrman, National Drovers Hall of Fame; Linda Denning, Ellsworth County Independent Reporter and numerous citizens.

 

            There were no customers in attendance to request an extension for Water/Sewer terminations.  The Clerk presented extension requests until October 3^rd for Richard Watson and Maria Skeen.  Don Panzer motioned to approve the extensions.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            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.

 

            Mark Roehrman, National Drovers Hall of Fame, addressed the Council and requested they reconsider granting an exception to Municipal Code 5.08.030 allowing the sale and consumption of Cereal Malt Beverages on City property.  Mr. Panzer interjected he was under the impression the Council had waived the Code when they approved the use of the street for a social pavilion.  The Clerk noted only the use of the street was approved and NDHF was instructed to request the Code be waived.  Mr. Roehrman requested a waiver at the September 13^th meeting and it was denied.

 

            David Smith, Chief of Police, addressed several concerns raised.  He again stated his department works for the Council and will be well prepared for duty regardless of whether a waiver is approved or not.  Chief Smith also noted he is opposed to the waiver personally, but would do his job as instructed by the Council.

 

            Several members of the audience stood in support or opposition of the wavier.  Those opposed addressed Council.  They were Exie Barber and Tad Trapp.  Others attending with Pastors Barber and Trapp included Danny Sharp, Marc Stroede and Sandy Zavesky.

 

            Ken Arnhold, Superintendent USD #327 arrived at the meeting.

 

Those in support of the waiver addressing Council were Twila Mitchell, Peg Britton and Morgan Dobrinski.  Tina Davis, Chairperson for the Ellsworth Celebrations Committee, noted not all events at the upcoming weekend are publicized as “Family Outings”.  The Celebrations events will not have alcohol beverages.

 

Don Panzer motioned to approve a waiver for NDHF allowing Cereal Malt Beverages on City property.  Cole Worrell seconded the motion.  When put to vote Panzer, Wires and Worrell vote aye.  Stefek votes nay.  Motion carried.

 

Don Panzer then motioned to approve a Cereal Malt Beverage License for National Drover’s Hall of Fame.  Cole Worrell seconded the motion.  When put to vote Panzer, Wires and Worrell vote aye.  Stefek votes nay.  Motion carried.

 

Gloria Marez, owner Fashion Flair Beauty Salon, stated her displeasure with the carnival being placed on E First Street from Douglas Avenue to Court Avenue.  After hearing many options Council instructed Mr. Mitchell to direct the carnival to set up beginning east of the alley between Douglas and Lincoln Avenues.  If additional space is required the carnival is to go south on Lincoln Avenue to the alley between E. North Main and E. First Streets.

 

Ken Arnhold, USD #327 Superintendent, introduced himself and informed Council he is excited to work with the City.  He offered use of school facilities when available.  Mr. Arnhold will meet with the City Administrator to discuss the on-going partnership.

 

            The Council did not review the project board.

 

            Don Panzer motioned to declare George M. Stover’s Council seat vacated.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.  Mayor Homolka then appointed Irene Pacey to the vacant seat effective October 1^st.  Alan Stefek motioned to approve the appointment.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            The Council reviewed 2 Dangerous Structure Reports from the Police Department.  Mr. Mitchell was instructed to have appropriate resolutions prepared for the next meeting.

 

            Jonathan Mitchell then explained the differences in the proposed pool ordinance.  He presented 3 options labeled A, B & C.  Option A allows all residents of the City entrance to the pool at no charge.  Additionally it allows residents be able to take guests from outside the county to the pool at no charge.  Option B grants City Hall staff the discretion to determine guest eligibility.  And option C prohibits guests’ being admitted free of charge.

 

Linda Alderman addressed the Council recommending each residence be permitted to add a total of two guests for the season in addition to the permanent residents.  It would not matter if the guests lived in or out of the county.  The Clerk agreed limiting the number of guests allowed per household would be easier for pool staff to manage.  No decision was made at this time and the item was tabled.

 

The 2006 Audit and Policy recommendation from Clubine & Rettele, Chartered was tabled until Council has an opportunity to review the “Management Antifraud Programs and Control”.

 

Mr. Mitchell explained changes to the contract with Brad and Darcy Hanson for janitorial duties at City Offices.  The contract is more detailed and has additional responsibilities.  In turn they will be compensated accordingly.  Don Panzer motioned to approve the contract.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

Jonathan Mitchell informed Council he would have a proposal for the management structure at the Golf Course available for review at the October 22^nd meeting.  He then gave a FEMA update and informed Council parents of EHS Homecoming attendants will be painting Stanberry Street on Thursday the 26^th from 5 P.M. until dark.  Mr. Mitchell also reported the Downtown Taskforce held informative meetings last week and they were well attended by downtown business owners.  Mr. Mitchell made Council aware a local group is willing to help funding to meet the match required for the Transportation Development Grant for downtown improvements.  The group would like the City to match their funding thus enhancing the probability of receiving the grant.  All plans are preliminary and Mr. Mitchell will have more information in the future.

 

Mr. Mitchell also informed the Council the County Commissioners will be holding a public hearing on October 15^th at 10:00 A.M for the Neighborhood Revitalization Plan.

 

Mr. Mitchell next informed Council of a request to change building permit fees.  He also reported he has received a request to make parking on the north side of W. First Street from Douglas Avenue to the alley be changed to 30 minute parking only.  No action was taken on either request.

 

            Don Panzer inquired if school signs could be placed on Webb Street by Precious Pals Preschool.  After discussion it was determined it is a privately owned business and will not be marked as a school zone.

 

            Alan Stefek then motioned the Council go into Executive Session with the City Administrator, City Attorney and Chief of Police at 8:50 P.M. for matters involving consultation with an attorney for the Council which would be deemed privileged in the attorney-client relationship and that the Council return to open meeting at 8:55 P.M.  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 8:50 P.M. and returned to open meeting at 8:55 P.M.  Alan Stefek again motioned to go into Executive Session at 8:55 P.M. with the City Administrator for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 9:05 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 into Executive Session at 8:55 P.M. and returned to open meeting at 9:05 P.M.  No action was taken.

 

            There being no further business on proper motion the meeting was recessed until October 8, 2007 at 7:00 P.M.

 

 

                        Patti L. Booher

                        City Clerk