February, 2007

February 12, 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, Dan Ray, Alan Stefek, Mary Wires and Cole Worrell.

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

Don Panzer motioned to approve the consent agenda. Alan Stefek seconded the motion. Mayor Homolka requested the record reflect that no official action was taken at the January 22^nd meeting in regards to incentives for a new business and department head recommendations for the Recreation Center. The motion was then put to vote and all vote aye. Motion carried.

Mark Parsons, Chairman, Ellsworth Planning Commission was unable to attend the meeting. In his absence Jonathan Mitchell, City Administrator, informed the Council the Planning Commission has committed to spend the time required to create a Comprehensive Plan if the Council would approve the expense associated with the Plan. Dan Ray motioned to approve a RFQ for a Consultant to prepare a Comprehensive Plan. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

During a review of the Project Board Mr. Mitchell informed the Council the revised project cost for the Dees and Kunkle Streets improvement is 1.1 million. The cost estimate is for concrete. The start date is currently set for August of this year and Mr. Mitchell did not see any issues arising to delay the date.

The following ordinance was presented for Council action:

BEING AN ORDINANCE REPEALING AND REPLACING CHAPTER 2.36 OF THE CITY OF ELLSWORTH MUNICIPAL CODE IN THE CITY OF ELLSWORTH, KANSAS.

Mr. Mitchell explained the changes to the Building Inspector position and duties and Mr. Mitchell requested the word “exterior” be added to 2.36.050, Section A. Alan Stefek motioned to approve the ordinance with the noted change. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was then numbered 2977.

The following ordinance was next presented for Council action:

AN ORDINANCE DEFINING AND ESTABLISHING RESTRICTIONS AND PROHIBITIONS REGARDINAG CARRYING CONCEALED FIREARMS WITHIN THE CITY OF ELLSWORTH.

Cole Worrell motioned to approve the ordinance. Don Panzer seconded the motion. Mayor then opened the floor for discussion on the ordinance. After discussion the Mayor did not put the motion to vote.

John Kerschner, Water/Sewer Superintendent, gave a detailed presentation of the Engineers recommendations for the Sewer Lagoons. Following the presentation the Council was presented with a request to publish a notice of a public hearing. The hearing is to make the citizens aware the City will be applying for a KDHE State Revolving Loan to pay for the KDH&E mandated improvements at the Sewer Lagoons. Alan Stefek motioned to approve the Notice of Public Hearing for the KDHE State Revolving Loan. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried.

Dan Ray then motioned to approve the Tourism Committee funding recommendations. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

Alan Stefek motioned to extend the Welcome Home Incentives to Fisher Homes on Lot Seven (7), Block Three (3) of the Kunkle Addition. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Dan Ray motioned to approve the waiver of the Building Permit Fee for St. Bernard’s Catholic Church for the construction of monument. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

The next item on the agenda was a letter of support for National Drovers Hall of Fame Board of Directors. Don Panzer motioned to authorize the Mayor to sign the letter of support. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried.

David Smith, Chief of Police reported on building addresses, nuisance properties and dangerous structures.

Don Panzer inquired if and when the use of the Recreation Center would be changed. The City Administrator recommended closing the facility on October 1, 2007. Council took no official action on the recommendation.

Mr. Mitchell reported Senate Bill 34 had passed and was forwarded to the House for action. Mr. Mitchell also reported the City was awarded grants from the FAA for airport improvements.

Mr. Mitchell next updated progress of an Interlocal Agreement with the County and School District in regards to Community Improvements. Mr. Mitchell will report back when more information is available.

Alan Stefek then motioned the Council go into Executive Session with the City Administrator at 8:36 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 8:41 P.M. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session at 8:36 P.M. and returned to open meeting at 8:41 P.M. No action was taken.

There being no further business on proper motion the meeting was recessed until February 26, 2007.

Patti L. Booher

City Clerk

February 26, 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 Jon Halbgewachs, Kirkham-Michael Engineers.

The Clerk presented extension requests for Water/Sewer termination from Richard Watson and Maria Skeen. Don Panzer motioned to approve the request. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.

Jonathan Mitchell reviewed updates on the Project Board. Due to the amount of recent precipitation there have been no test wells dug. The property owners have granted an extension until April 4^th. The Chief of Police reported Verle Willey will be contacting salvage yard owners to get the salvage yards cleaned up.

Mr. Mitchell then gave an update on the Sewer Line Project. Construction will begin this week.

Discussion was then held regarding concealed carrying of firearms. Mr. Mitchell explained the State Legislature is considering a bill to prohibit the prohibition to carry concealed firearms. The Chief of Police reported City Hall, the Police Department and Municipal Court are covered by the UPOC. Council recommended signs be placed on City property with the exception of the Recreation Center, cemeteries and Parks.

Mr. Mitchell next reported he expected to receive a revised valuation from the County soon. He requested all departments be closed on March 16 for an Employee Retreat. Council agreed to the request.

Mr. Mitchell next requested a Building Permit Fee Waiver for Mosaic to replace sidewalks at the group home. Don Panzer motioned to approve the waiver. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Mr. Mitchell then informed the Council the downtown corridor was approved for State Historical Status. The next step is National status. The State is forwarding their findings and recommendations to the National Historical Society.

Mr. Mitchell next reported LMI Surveys for the CDBG Grant are being conducted in the City Office at this time. Door-to-door surveys will begin shortly.

Don Panzer recommended the Street Superintendent work to complete a mowing schedule to reduce the amount of time required to mow City property.

Don Panzer then motioned the Council go into Executive Session with the City Administrator, Clerk and Chief of Police at 7:20 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 7:30 P.M. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session at 7:20 P.M. and returned to open meeting at 7:30 P.M. No action was taken.

There being no further business on proper motion the meeting was adjourned until March 12, 2007.

Patti L. Booher

City Clerk

January, 2007

January 8, 2007

The Ellsworth City Council held a Public Hearing to receive comments and answer questions for the Proposed Neighborhood Revitalization District on the above date at 6:50 P.M. in Council Chambers at City Hall.

In the absence Mayor Robert Homolka, Council President Alan Stefek opened the hearing at 6:53 P.M. The following Council members were present Don Panzer, Dan Ray, 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 regard to the district. The Council President then closed the hearing at 7:00 P.M.

Patti L. Booher

City Clerk

January 8, 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, Dan Ray, Mary Wires and Cole Worrell.

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

Cole Worrell motioned to approve the consent agenda. Dan Ray seconded the motion. Don Panzer questioned the utility bills at the pool and Recreation Center. The City Administrator will check these and report back to the Council. The motion was then put to vote and all vote aye. Motion carried.

During a review of the Project Board questions regarding the use of a 6” line for the Grand Avenue Sewer Project arose. John Kerschner, Water/Sewer Superintendent informed the Council a 6” line is acceptable. It is the standard used currently.

The next item on the agenda was the request for the 1^st half disbursement for the 2007 for the Smoky Hill Development Corporation. Don Panzer motioned to approve the disbursement. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried.

A quick review of the Neighborhood Revitalization Plan was then presented by Jonathan Mitchell, City Administrator. The Council instructed the Administrator to have an ordinance for the Plan at the next meeting.

The next item on the agenda was the Health Insurance Premium Option. Mr. Mitchell explained the cost of the premium rose approximately 19%. Mr. Mitchell next informed the Council the current policy provides the City pays up to $790.00 per month for each employee. With the new premium the only impact to employees would be on the families. They would be required to pay $181.95. Alternatively if the City changed its policy to the City paying 90% of the premium all employees would pay 10% of the premium. Mr. Mitchell recommended the 90/10 option. After discussion Dan Ray motioned to approve the 90/10 recommendation. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Mr. Panzer requested the City Administrator contact Blue Cross/Blue Shield and inquire if the City anniversary date for enrollment can be changed to better work with Budget preparation. Mr. Mitchell will report back to the Council when more information is available.

The Clerk then requested the Council approve a Cereal Malt Beverage License for the Ellsworth Municipal Golf Course. In previous years the License was issued by the County, but due to the recent annexation of the Golf Course into the City limits the City will be the issuing entity. Don Panzer motioned to approve the license. Cole Worrell seconded the motion. When put to vote all vote aye.

Mr. Mitchell then requested Council guidance on the issue of City of Ellsworth’s employee residence requirements. A Department Head has requested permission to move into the County. After discussion the Council instructed Mr. Mitchell to have a Charter Ordinance prepared for the next meeting for consideration.

Mr. Mitchell reported he would be sending an application for a FEMA Grant for the Fire Department. If approved a smoke trailer would be purchased. The City’s portion of the cost would be approximately $2,500.00.

Mr. Mitchell also reported a Heritage Trust Fund Grant would be completed for the Drover’s Hall of Fame. The City would not be responsible for the matching portion of this grant. The National Drover’s Hall of Fame Board would supply the matching funds.

Mr. Kerschner next informed the Council the Sewer Pond plans are starting to come together. He continues to work with KDH&E staff and Kirkham-Michael Engineers. Preliminary figures indicate costs to be compliant with State mandates are $870.000.00.

Mr. Kerschner also indicated the main sewer lift station located on East South Main Street will need to be replaced soon. It is the oldest of the lift stations. The station handles approximately 60% of the flow. Mr. Kerschner will keep the Council apprised of plans to replace the station.

Jim Zamrzla, Street Superintendent requested the wood seating at Preisker Park be removed. The seating is in poor condition and a possible hazard. The City could use portable bleachers for any events held at the park until permanent seating is installed at a later date.

Mr. Zamrzla then informed the Council the City had recently received a donation for park improvements. Mr. Zamrzla recommended the funds be used to improve the roof on the picnic shelter at Preisker Park. Council agreed the roof would be a good project for the funds.

Dan Ray the inquired as to the City’s state of preparedness in the event of a natural disaster. Mr. Ray is concerned about being able to keep citizens informed in the absence of electricity. Further evaluation of Mr. Ray’s concern is necessary.

Mr. Ray next inquired if any progress has been made toward requesting proposals for audit services for Fiscal Year 2006. Mr. Mitchell responded that no action has been taken at this time.

Mr. Ray then requested an update on the Interlocal Agreement with U.S.D. #327 and Ellsworth County (Medical Center). Mr. Mitchell reported an advisory committee had been established to determine the best use for funds from the Host-Reiter Foundation. Mr. Mitchell will have more information as it becomes available.

Mr. Panzer inquired if any progress had been made on test drilling for wells had been made. Mr. Mitchell informed the Council the City is waiting for improved weather conditions to access the Howard property for the purpose of drilling. The land is currently too wet.

Mr. Panzer then requested review of Ordinance #2946 (Street Cut Ordinance) to determine if changes need to be made to improve the quality of the street after patching. After discussion it was determined the ordinance requirements are appropriate.

Mr. Panzer then inquired if a determination had been made concerning the asphalt separation from the curb on Bradley Street. Mr. Zamrzla and Mr. Kerschner feel this is a normal occurance.

Mr. Worrell requested the Chief of Police provide the Council with an update of nuisance properties. The Administrator will require the Chief to have the information for the next meeting.

There being no further business on proper motion the meeting was recessed until January 22, 2007.

Patti L. Booher

City Clerk

January 22, 2006

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 Alan Stefek, Mary Wires, Dan Ray, Cole Worrell and Don Panzer.

Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; John Kerschner, Water/Sewer Superintendent; Jim Zamrzla, Street Superintendent; David Smith, Chief of Police; Linda Denning, Ellsworth County Independent Reporter and Neil Jednoralski, Kirkham-Michael Engineers.

The Clerk presented an extension request for Water/Sewer termination from Richard Watson. Alan Stefek motioned to approve the request. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Don Panzer motioned to approve the consent agenda. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.

Neil Jednoralski, Kirkham-Michael addressed the Council. Mr. Jednoralski informed the Council two (2) bids were received for the Grand Avenue Sewer Project. City Plumbing & Heating submitted the low bid and Mr. Jednoralski recommended the City accept their bid. Don Panzer motioned to accept the bid from City Plumbing & Heating. Don Panzer seconded the motion. When put to vote Panzer, Ray, Stefek and Worrell vote aye. Ms. Wires abstained from voting. Motion carried.

Alan Stefek motioned to approve the Confirmation of Understanding for Audit Services for 2006. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried. Dan Ray requested an RFP be prepared for the 2007 Audit as soon as possible.

Jonathan Mitchell, City Administrator, requested the Council approve a revised telephone policy that includes reimbursement for personal calls made on land lines. The current policy applies to cellular phones only. Don Panzer motioned to approve the policy. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

The Clerk then presented a request from the EHS Afterprom Committee. Dan Ray motioned to approve a donation of $250.00 and to waive the rental fee for use of the gymnasium at City Hall. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Mayor Homolka next appointed Bill Finke as the City’s representative to the Smoky Hill Development Corporation. Cole Worrell motioned to approve the Mayor’s appointment. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.

The following ordinance was then presented for Council action:

AN ORDINANCE ADOPTING A NEIGHBORHOOD REVITALIZATION PLAN AND DESIGNATING A NEIGHBORHOOD REVITALIZATION AREA.

Don Panzer motioned to approve the ordinance. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was then numbered 2975.

The following ordinance was then presented for Council action:

BEING AN ORDINANCE DEFINING AND REGULATING THE LICENSURE AND INVESTIGATION OF SOLICITORS, CANVASSERS AND PEDDLERS WITHIN THE CITY OF ELLSWORTH, PRESCRIBING PENALTIES FOR VIOLATIONS AND PROVIDING FOR ENFORCEMENT.

Dan Ray motioned to approve the ordinance. Alan Stefek seconded the motion. Mr. Mitchell indicated the ordinance would not affect the local organizations holding periodic fund raising sales. When put to vote all vote aye. Motion carried. The ordinance was numbered 2976.

The following Charter Ordinance was then presented for Council action:

AN ORDINANCE EXEMPTING THE CITY OF ELLSWORTH FROM THE PROVISIONS OF K.S.A. 15-209 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT PROVIDING FOR QUALIFICATION OF APPOINTED CITY OFFICERS.

Don Panzer motioned to approve the charter ordinance with corrections. Cole Worrell seconded the motion. When put to vote all 6 vote aye. Motion carried. The Charter Ordinance was numbered 21.

The next item on the agenda was the granting of an easement to Tank Management Services, Inc. to install groundwater monitoring well(s) and/or soil boring(s). Dan Ray motioned to approve the easement. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Mr. Mitchell reviewed 2006 building permits and gave explanation on Senate Bill 34. Mr. Mitchell next informed the Council the Holm Motors building owned by Roger Novak has been sold contingent upon Council approving the incentives proposed by the City Administrator. Council felt the incentives were appropriate.

Mr. Mitchell then reviewed options for cutting cost at the Recreation Center. The first would be to give away the building. The second would be to raze the building. The third option would be to move a portion of the Street Department Shop to the building. Jim Zamrzla reported he had reviewed expenses to better insulate the building. Using City Staff the approximate cost would be $15,000.00.

Mr. Zamrzla recommended utilizing the facility for a Salt Shed and storage of other equipment. The heat could be turned off. The facility could still be available for the 4-H fair as they would have access to other restrooms. Council agreed with the recommendation to change the use of the facility.

Mr. Mitchell then requested Council approval to divert funds in the Capital Improvement Fund from the 3^rd and 4^th Street improvements to State Street due to serious recurrent problems on this street.

Mr. Mitchell then informed the Council he had received a request to place a streetlight on the East side of Lincoln Avenue at N. Douglas Avenue. An extra light is available. Mr. Stefek will see the light is installed.

David Smith requested the City extend the time frame thru the June billing to waive the median water/sewer/trash bill for the residence occupied by Martha Lawson and sons. The family relocated to Ellsworth following Hurricane Katrina. Alan Stefek motioned to extend the waiver. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

Chief Smith then distributed updates on nuisances, addresses numbering and dangerous structures. Council recommends sending reminder letters prior to spring.

Don Panzer inquired why Housing Authority Board members were replaced. Mayor reported the term of the members had expired and they had not indicated to the Mayor they wanted to continue to serve.

Cole Worrell inquired if any signs had been ordered to prohibit concealed carrying of firearms on City property. Mr. Mitchell reported he is working on an ordinance and signs will be posted as soon as they are available.

There being no further business on proper motion the meeting was adjourned until February 12, 2007.

Patti L. Booher

City Clerk

December, 2006

December 11, 2006

The Ellsworth City Council held a Public Hearing to receive comments and answer questions on the 2006 Proposed Budget Amendment of Solid Waste Fund (Fund 40) and the Capital Improvements Fund (Fund 50) on the above date at 6:50 P.M. in Council Chambers at City Hall.

In the absence Mayor Robert Homolka, Council President Alan Stefek opened the hearing at 6:50 P.M. The following Council members were present Don Panzer, Dan Ray, 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 amendment. The Clerk explained the reason for the amendment. The Council President then closed the hearing at 6:59 P.M.

Patti L. Booher

City Clerk

December 11, 2006

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, Dan Ray, Mary Wires and Cole Worrell.

Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; John Kerschner, Water/Sewer Superintendent; James Zamrzla, Street Superintendent, Robert Kepka, Fire Chief; Bill Finke, Smoky Hill Development Corporation and Linda Denning, Ellsworth County Independent Reporter. A group of Boy Scouts and their leaders were present to observe the meeting

Don Panzer motioned to approve the consent agenda. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Jonathan Mitchell, City Administrator, reviewed the Project Board. Mr. Mitchell and John Kerschner have met with KDH&E concerning Sewer Lagoon Compliance. More information will be available at a later date. Mr. Mitchell also reported the 1^st test wells had been drilled and were not suitable for the City’s use.

John Kerschner reported Kirkham-Michael Engineers were preparing to let bids for the Grand Avenue Sewer Project.

Robert Kepka, Fire Chief then explained the need for the City to adopt a Disaster Plan. Dan Ray motioned to approve the Disaster Plan prepared by Fire Chief Kepka with the help of Kenny Bernard, Ellsworth County Emergency Preparedness Director. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

Mr. Mitchell next gave an overview of the changes that had occurred with Ellsworth County Economic Development, Inc. Working with the County Attorney the board of directors had come to an agreement for County Economic Development. The new entity is Smoky Hill Development Corporation. The County has dedicated $40,000 to the corporation. The following Ordinance was then presented for Council action:

AN ORDINANCE OF THE CITIES OF ELLSWORTH, KANSAS; HOLYROOD, KANSAS; KANOPOLIS, KANSAS; LORRAINE, KANSAS; WILSON, KANSAS AND A RESOLUTION OF ELLSWORTH COUNTY, KANSAS ESTABLISHING THE JOINT SMOKY HILL DEVELOPMENT CORPORATION.

Dan Ray motioned to approve the ordinance. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was then numbered 2972.

The next item for Council consideration was a request to extend the Welcome Home incentives to Innovative Homes (James Gottschalk). After discussion Don Panzer motioned to extend the incentives to Innovative Homes. Cole Worrell seconded the motion. When put to a vote all vote aye. Motion carried.

The Clerk then presented a Confirmation of Understanding from Clubine & Rettele, Chartered for the 2006 audit. After discussion the item was tabled until proposals from other auditors have been received.

The following ordinance was then presented for Council action:

BEING AN ORDINANCE DEFINING AND REGULATING THE USE OF PORTABLE STORAGE UNITS IN THE CITY OF ELLSWORTH, KANSAS, PRESCRIBING PENALTIES FOR VIOLATIONS AND PROVIDING FOR ENFORCEMENT.

Cole Worrell motioned to approve the ordinance. Don Panzer seconded the motion. When put to vote Panzer, Stefek, Wires and Worrell vote aye. Ray votes opposed. Motion carried. The ordinance was then numbered 2973.

Consent for annexation of the Municipal Golf Course into the City of Ellsworth was the next item on the agenda. Don Panzer motioned to approve the consent. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

The following ordinance was presented for Council action:

AN ORDINANCE ANNEXING LAND TO THE CITY OF ELLSWORTH, KANSAS GENERALLY LOCATED AT 900 E. SECOND STREET.

Dan Ray motioned to approve the ordinance. Cole Worrell seconded the motion. Carey Hipp, City Attorney, then questioned if there is a requirement for a resolution and public hearing. The item was tabled in order for the City Attorney to review the proper procedures.

The following resolution was then presented for council action:

A RESOLUTION CONCERNING SERVICE, LICENSE AND PERMIT FEES WITHIN THE CORPORATE LIMITS AND SERVICE AREA OF THE CITY OF ELLSWORTH, KANSAS.

Don Panzer motioned to approve the resolution with changes to the diversion fees. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried. The Resolution was numbered 11-1206A.

The ICMA Deferred Compensation Resolution was then presented for Council action. Cole Worrell motioned to approve the resolution. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 11-1206B.

The Neighborhood Revitalization Plan Resolution was next presented for Council action. Dan Ray motioned to approve the resolution. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 11-1206C.

An Interlocal Agreement between the County of Ellsworth, the City of Ellsworth, Kansas and the Board of Education of U.S.D. #327 of Ellsworth, Ellsworth County, Kansas was the next item on the agenda for Council action. Don Panzer motioned to approve the agreement. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

The 2006 Budget Amendment was the next item on the agenda. Don Panzer motioned to approve the amendment. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried.

Jim Zamrzla then requested guidance in the placing of the new playground equipment at Priesker Park. After discussion it was determined the new equipment would be placed where the old slide had been located.

Mr. Zamrzla then informed the Council his department would be transplanting trees at the Golf Course and the Memorial Cemetery. Discussion was then held concerning tree placement at the cemetery. After review of the Municipal Code it was determined the City may plant trees in the cemetery. Mr. Zamrzla will go ahead with the transplanting.

Ms. Hipp then confirmed there was not a need for a resolution or public hearing to annex the Municipal Golf Course into the City Limits. The President then put the tabled motion to vote. All vote aye. Motion carried. The ordinance was then numbered 2974.

Mr. Mitchell informed the Council the City had received the TBRA Grant for 2007. The Mayor will sign the grant agreement.

Mr. Mitchell next informed the Council after the public meeting on County-wide zoning it appears the County will not be participating in zoning therefore he is checking 3-mile zoning options.

Don Lyne requested an extension to complete the razing of the house located on his property. Council granted Mr. Lyne a 60-day extension.

Don Panzer then motioned the Council go into Executive Session with the City Administrator and Attorney 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.

Mr. Mitchell then reported a citizen had recently had a sewer backup in her basement. The City’s insurance company deemed the City is not liable for any damages or expense incurred due to the backup. Mr. Mitchell explained the City had previously agreed to pay the citizens hotel expense, trash hauling and cleaning bill. Mr. Mitchell requested the Council approve paying the expense. Council agreed to paying the expenses.

Alan Stefek inquired if the City had purchased Chamber Certificates for employees. Mr. Mitchell will instruct the Clerk to do so.

There being no further business on proper motion the meeting was recessed until December 18, 2006.

Patti L. Booher

City Clerk

December 18, 2006

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 Alan Stefek, Mary Wires, Dan Ray, Cole Worrell and Don Panzer.

Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; John Kerschner, Water/Sewer Superintendent; David Smith, Chief of Police; Linda Denning, Ellsworth County Independent Reporter and Dave Brownback, President of Citizens State Bank & Trust.

Don Panzer motioned to approve the consent agenda. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Dave Brownback, President of Citizens State Bank & Trust informed the Council the City of Ellsworth is a recipient to a $25,000 JOBS (Joint Opportunity for Building Success) Grant from FHL Bank of Topeka with Citizens State Bank & Trust as the sponsor. The grant will be utilized to defray expenses for an architectural study for downtown Ellsworth.

Mayor Homolka appointed Cynthia Edgerle and Donald Dumler to the Ellsworth Housing Authority. They will replace Lucille Jarus and Chris Zouzas. Alan Stefek motioned to accept the nominations for the appointment to the Ellsworth Housing Authority. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried.

The following resolution was then presented for council action:

A RESOLUTION CONCERNING SERVICE, LICENSE AND PERMIT FEES WITHIN THE CORPORATE LIMITS AND SERVICE AREA OF THE CITY OF ELLSWORTH, KANSAS.

Jonathan Mitchell, City Administrator, explained that Resolution 11-1206B had incorrect amounts for the golf course fees and sewer fee. Don Panzer motioned to approve the resolution. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The Resolution was numbered 18-1206A.

The Temporary Memorandum of Agreement for the Howard Property was then presented for Council action. Dan Ray motioned to authorize the Temporary Memorandum of Agreement with the Howard’s for test drilling for water. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

The Memorandum of Agreement for the Howard Property was presented next for Council action. Don Panzer motioned to authorize the Memorandum of Agreement with the Howard’s. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried.

The following resolution was then presented for council action:

BEING A RESOLUTION DEFINING THE CORPORATE BOUNDARIES OF THE CITY OF ELLSWORTH, ELLSWORTH COUNTY, KANSAS.

Alan Stefek motioned to approve the resolution. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried. The Resolution was numbered 18-1206B.

Dan Ray motioned to accept the resignation of Louis Boley as City Inspector. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Alan Stefek requested John Kerschner, Water/Sewer Superintendent, explain the letter that was received from Post Rock Rural Water District. Mr. Kerschner informed the Council Post Rock changed how they chlorinate the water. This will affect some areas of the City’s water lines because this will eliminate the chlorine that we put into our water. Mr. Worrell asked if we need to inform any of our customers about this change in water. Mr. Kerschner thought that was probably not necessary but would inform the hospital just in case they make their own distilled water. The water department will be keeping a close watch on this.

Alan Stefek next inquired if the City had ever considered closing the Recreation Center because of the high utility bills and the minimal usage. The City Administrator will try to figure out what we can do that will be feasible.

Alan Stefek the Inmate Detail Crew repair the door leading into the furnace room from the Council Chambers. It is missing a handle and very hard to open. Mr. Mitchell will pass the request on to the Street Superintendent.

Don Panzer reported that there was a 2 ½ to 3 inch gap between the asphalt and the concrete curbing on Bradley Street by the stop sign that is 15 to 20 feet long. Mr. Panzer would like to know if a water leak is causing this or what it could be.

Don Panzer then motioned the Council go into Executive Session with the City Administrator, City Attorney and Chief of Police at 7:45 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 7:55 P.M. The executive session is required to protect the privacy interests of an identifiable individual. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session at 7:45 P.M. and returned to open meeting at 7:55 P.M. Alan Stefek motioned to go into Executive Session with the City Administrator, City Attorney and Chief of Police at 7:55 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 into Executive Session at 7:55 P.M. and returned to open meeting at 8:30 P.M. Alan Stefek motioned to go into Executive Session with the City Administrator, City Attorney and Chief of Police at 8:30 P.M. for the purpose of discussing personnel matter for non-elected personnel and that the Council return to open meeting at 9:00 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 into Executive Session at 8:30 P.M. and returned to open meeting at 9:00 P.M.

There being no further business on proper motion the meeting was adjourned until January 8, 2007.

Angela Mueller

Deputy City Clerk/Treasurer

November, 2006

November 13, 2006

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 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.

Cole Worrell motioned to approve the consent agenda. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

The Clerk then informed the Council the next meeting is scheduled for November 27^th. This is also the date of the zoning public meeting. Council instructed the Clerk to send termination letters as usual and to grant extensions to those requesting them.

Jonathan Mitchell, City Administrator, reviewed the Project Board. Mr. Mitchell informed the Council the final easement had been obtained for the Grand Avenue Sewer Project. Mr. Mitchell also informed the Council the Kunkle/Dees Avenue Project will begin in fall of 2007.

Don Panzer inquired if the cause of the rupture in the 1000 block of State Street had been determined. John Kerschner stated the water line does have a leak. It has been repaired temporarily and will be permanently repaired following winter.

Mr. Panzer then inquired if the City’s insurance policy would cover a hotel stay for residents without water during the repair. The Administrator will check and report back to the Council.

The following ordinance was then presented for action:

BEING AN ORDINANCE AMENDING SECTION 5.20.020 AND 5.20.080 OF THE CITY OF ELLSWORTH MUNICIPAL CODE IN THE CITY OF ELLSWORTH, KANSAS.

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 2971.

The Corporate Authorization Resolution was then presented for action. Cole Worrell motioned to approve the resolution. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 13-1106A.

Don Panzer then inquired if exit interviews were being completed upon an employee’s resignation. Mr. Mitchell has been working on these. Council will receive copies of all exit interviews when completed.

Mr. Panzer then inquired about the handicap accessibility in the restrooms at the Recreation Center. Mr. Mitchell will check on this and report back when more information is available.

Cole Worrell requested Don Lyne be contacted regarding the demolition of a house. Mr. Lyne requested a 60 day extension on July 10^th. The demolition is not complete yet and Mr. Lyne will need to request an additional extension.

Mr. Worrell next inquired if a completion date is nearing for the repairs on the band shell. Mr. Mitchell informed the Council progress is being made, but he did not have a date for completion.

Mr. Worrell then inquired if an agreement had been reached with U.S.D. #305 concerning maintenance at the Headstart location. Mr. Mitchell explained the U.S.D. #305 and U.S.D. #327 will take over all maintenance on January 1, 2007.

Mr. Mitchell then gave an overview of Airport Day which had been held on November 9^th.

There being no further business on proper motion the meeting was recessed until December 11, 2006.

Patti L. Booher

City Clerk

October, 2006

October 9, 2006

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, Dan Ray, Alan Stefek and Cole Worrell.

Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; Jim Zamrzla, Street Superintendent; Linda Denning, Ellsworth County Independent Reporter and Mary Wires.

Alan Stefek motioned to approve the consent agenda. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Jonathan Mitchell, City Administrator, reviewed the Project Board. Mr. Mitchell informed the Council there is one easement remaining for the Grand Avenue Sewer Project. An additional water source was added to the board.

Cole Worrell motioned to approve the 2005 Audit. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

Dan Ray motioned to regretfully accept Murray Marston’s verbal resignation. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

The Mayor then opened the floor for nominations for President of the Council. Don Panzer nominated Alan Stefek for Council President. Dan Ray seconded the nomination. The Mayor then closed nominations. When put to vote all vote aye. Mr. Stefek will be President of the Council until the first meeting in May, 2007.

Discussion was then held concerning the Housing Authority. There are two vacant positions and the Mayor would like the Council to make recommendations to fill the positions. After discussion it was determined to contact Carolyn Graves and Cynthia Edgerle to inquire if they would be interested in serving on the board.

Mr. Mitchell requested the Council close all City operations at noon on October 13^th for the Employee Appreciation Dinner. Don Panzer motioned to approve the Administrator’s request. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.

The Mayor then gave a brief overview of the workshops he attended at the League of Kansas Municipalities Conference including a tree ordinance.

James Zamrzla, Street Superintendent, then requested the Council reconsider the City’s obligations at Head Start. Currently the City provides lawn mowing, weed removal, snow removal, etc. After discussion the City Administrator was instructed to contact Head Start and the Ellsworth Correctional Facility to remedy the situation.

Don Panzer reported Lloyd Prochaska will be witching for the possible new water wells. Mr. Prochaska will contact the Water/Sewer Superintendent later in the week.

Mr. Panzer then questioned where the new merry-go-round will be placed at Preisker Park. Mr. Zamrzla informed the Council the merry-go-round and new slide will be located where the old metal slide currently sits. Discussion was then held concerning placing more trees in the park.

Alan Stefek inquired about progress on the band shell. Mr. Mitchell explained repairs are progressing. The inmate detail will be removing the roof later in the week.

Mr. Stefek next inquired about the parking situation at the Golf Course. Mr. Mitchell reported KDOT officials, Kirkham-Michael Engineers and City staff met at the Golf Course during the previous week. After locating the survey pins Don Rickie, KDOT, determined the property in question was in the KDOT Right-of-Way and the City of Ellsworth has full access to use it for parking.

There being no further business on proper motion the meeting was recessed until October 23, 2006.

Patti L. Booher

City Clerk

October 23, 2006

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 7:00 P.M. Council members Don Panzer, Dan Ray Alan Stefek and Cole Worrell were present.

Also in attendance were Jonathan Mitchell, City Administrator; David Smith, Chief of Police; Mark Seitz, Ellsworth County Independent Reporter and Mary Wires.

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

Don Panzer motioned to approve the Consent Agenda. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

During a review of the Project Board Jonathan Mitchell City Administrator reported one easement has not been signed for the Grand Avenue Sewer Project. Mr. Mitchell hopes to meet with the individual later in the week.

Mr. Mitchell also requested authorization to negotiate with an additional 2 landowners north of the Smoky Hill River. Council indicated they were in favor of the negotiations. Drilling on the first two properties should be done in the next 2 weeks.

Mayor Robert Homolka then appointed Mary Wires to the Council to fill a vacancy following Murray Marston’s resignation. Don Panzer motioned to approve the appointment. Alan Stefek seconded the motion. When put to vote all vote ay. Motion carried.

Ms. Wire was sworn in by reading aloud and signing the Loyalty Oath. Ms. Wire then took her seat on the Council.

The following ordinance was presented for Council discussion:

BEING AN ORDINANCE AMENDING SECTIONS 5.20.020 AND 5.20.080 OF THE CITY OF ELLSWORTH MUNICIPAL CODE IN THE CITY OF ELLSWORTH, KANSAS.

Following discussion the ordinance was tabled until the November 13^th meeting.

Dan Ray then motioned to approve the Interlocal Agreement for Establishment and Operation of Inmate Visitors Center, Pursuant to K.S.A. 12-2901, et seq. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Mr. Mitchell reported the nomination for Historical Designation has been submitted. Mr. Mitchell also reported a public hearing will be held on November 27^th at the PAC discuss County-wide zoning.

Mr. Mitchell then reported “Airport Day” will be held on November 9^th. The airport will be open to the public. He then reported improvements continue at EFCC and the Neighborhood Revitalization Plan should be ready for the next meeting.

Dan Ray inquired if an agreement had been reached with USD 305 concerning maintenance at the Head Start building. A meeting has been scheduled to discuss the issue with Geri Ranker.

Discussion concerning street right-a-ways and easements was then held.

Don Panzer requested an update on the bandshell. Mr. Mitchell informed the Council measurable progress is being made. Mr. Panzer then inquired if the new playground equipment had arrived. He was informed it has arrived and will be installed during the winter.

Don Panzer then motioned the Council go into Executive Session with the City Administrator and Chief of Police at 7:45 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 7:55 P.M. The executive session is required to protect the privacy interests of an identifiable individual. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session at 7:45 P.M. and returned to open meeting at 7:55 P.M. No action was taken.

There being no further business on proper motion the meeting was adjourned until November 13, 2006.

Patti L. Booher

City Clerk

October 31, 2006

The Ellsworth City Council held a Special Meeting at 4:45 P.M. on the above date for the purpose of taking action on Cereal Malt Beverage License renewals for Dennis Parry and O&J Of Kansas, Inc.

Mayor Robert Homolka opened the meeting with the following Council members present Don Panzer, Dan Ray, Alan Stefek and Mary Wires. Council member Cole Worrell was absent.

Also in attendance was Jonathan Mitchell, City Administrator.

Alan Stefek motioned to approve the Cereal Malt Beverage License renewals for Dennis Parry and O&J of Kansas, Inc. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried.

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

Patti L. Booher

City Clerk

September, 2006

September 11, 2006

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 Murray Marston and Cole Worrell.

Alan Stefek arrived at 7:02 P.M.

Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; John Kerschner, Water/Sewer Superintendent; Linda Denning, Ellsworth County Independent Reporter; Gary Schmidt, Harvey Mikulecky, Kip Spray and Rob Holt, Venture Corporation and Jon Halbgewachs, Kirkham-Michael Engineers.

Murray Marston motioned to approve the consent agenda. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.

Kip Spray with Venture Corporation addressed the Council. Mr. Spray explained how Venture Corporation would like to resolve the street repairs on the 2004 Street Project. Mr. Spray would like to use the agreement drawn up by Mr. Donald Drickey, KDOT District Two Engineer, in which payment for the repairs were to be split 3 ways. Venture Corporation is willing to pay for everything but does not want Kirkham-Michael Engineers involved in the repairs. The inspections of the streets would be done by Venture Corporation and the City of Ellsworth. Discussion then followed.

Carey Hipp, City Attorney requested an executive session to discuss the legal consequences of the proposal from Venture Corporation.

Gary Schmidt addressed the Council concerning the salvage yard Ordinance, #2951. Mr. Schmidt was placed on the list of salvage yards. He says that he is not a salvage yard but an auto mechanic garage. He does not want to be on the list as a salvage yard. He has gotten rid of 22 vehicles that were inoperable. Mr. Schmidt requested the Enforcement Officer let him know what requirements are necessary to be excluded from the ordinance.

Further discussion then followed about Ordinance #2951.

Harvey Mikulecky addressed the Council about being in violation of having a salvage yard at his home at 203 S. Grand Ave. Mr. Mikulecky is taking the parts of the inoperable vehicles and selling them over the internet. He has tried to cleanup his yard and has gotten rid of 7 inoperable vehicles. Mr. Mikulecky would like to be able to continue his business. What does he need to do to continue his business?

Mr. Mikulecky situation is different the Mr. Schmidt’s because it is in a residential neighborhood. Mr. Mitchell will meet with Mr. Mikulecky to provide more information on what to do concerning his inoperable vehicles in a residential area.

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 2006 was tabled until next meeting.

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 of 2006, Providing Certain Penalties and Repealing Ordinance Numbered 2942 was tabled until next meeting.

Jonathan Mitchell asked for an executive session for legal council.

Jon Halbgewachs from Kirkham-Michael Engineers informed Council Kirkham-Michael Engineers does not agree with the terms of the agreement that was drafted by Mr. Drickey for the 2004 Street Project repairs. Kirkham-Michael Engineers is trying to work with Venture Corp. to come to an agreement.

Alan Stefek motioned to go into Executive Session with the City Administrator, Water/Sewer Superintendent and City Attorney at 7:40 P.M. for the purpose of discussing matters involving consultation with an attorney for the council which would be deemed privileged in the attorney-client relationship and that the Council returns to open meeting at 7:55 P.M. in this room. 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 7:40 P.M. and returned to open meeting at 7:55 P.M. Murray Marston motioned to authorize City Administrator and City Attorney to negotiate a contract to drill test wells on certain properties within Ellsworth County. Cole Worrell seconded the motion. When put to a vote all vote aye. Motion carried.

Murray Marston motioned to go into Executive Session at 7:58 P.M. with the City Administrator and City Attorney for the purpose of discussing matters involving consultation with an attorney for the council which would be deemed privileged in the attorney-client relationship and that the Council returns to open meeting at 8:10 P.M. The executive session is required to protect the attorney-client privilege, and the public interest. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session at 7:58 P.M. and returned to open meeting at 8:10 P.M. Alan Stefek motioned to go into Executive Session at 8:10 P.M. with the City Administrator and City Attorney for the purpose of discussing matters involving consultation with an attorney for the council which would be deemed privileged in the attorney-client relationship and that the Council returns to open meeting at 8:20 P.M. The executive session is required due 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 8:10 P.M. and returned to open meeting at 8:20 P.M. Discussion then followed concerning the Venture Corporation agreement for repairing the 2004 Street Project streets.

Alan Stefek motioned to authorized City Administrator and City Attorney to contact Venture Corporation to make an agreement with them at no cost to the City of Ellsworth. Cole Worrell 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 September 25, 2006.

Angela Mueller

Deputy City Clerk/Treasurer

September 25, 2006

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 7:00 P.M. Council members Murray Marston, Don Panzer, Dan Ray, Alan Stefek and Cole Worrell were present.

Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; John Kerschner, Water/Sewer Superintendent; David Smith, Chief of Police; Linda Denning, Ellsworth County Independent Reporter and Martin Hochman, V, Tim Hoffman, Jeffery Pelzel and Ryan West, 2006-2007 Ellsworth County Pride of the Prairie Youth Leadership Program.

There were no customers present to request an extension for Water/Sewer terminations. The Clerk then presented a request from Richard Watson for an extension until October 3, 2006. Murray Marston motioned to approve the extension. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

The Clerk then requested the Council approve use of 8½” X 11” paper for Utility Billing. Currently the sorting machine at the Salina Post Office is separating the postcards as they sort them. Alan Stefek motioned to approve the request after the current stock of post cards has been depleted. Murray Marston seconded the motion. When put to vote all vote aye. Motion carried.

Don Panzer then motioned to approve the Consent Agenda. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.

Tim Hoffman and Ryan West, 2006-2007 Ellsworth County Pride of the Prairie Youth Leadership Participants addressed Council. Mr. West explained the group is sponsoring the living area at Ellsworth Family Connection Center and requested the City match the funds they raise up to $300.00. Dan Ray motioned to approve the request. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

There were no updates on the project board.

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 2006.

Murray Marston motioned to approve the ordinance. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2969.

The following ordinance was next 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 OF 2006”, PROVIDING CERTAIN PENALTIES AND REPEALING ORDINANCE NUMBERED 2942.

Murray Marston motioned to approve the ordinance. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2970.

The approval of the 2005 Audit was tabled until the October 9^th meeting.

Jonathan Mitchell, City Administrator informed the Council he attended a meeting with County Commissioners to discuss County-wide zoning. Currently the County is in favor of hiring Bickley Foster. Benchmarks and time schedules will be included in the contract.

Mr. Mitchell informed the Council the Employee Appreciation Dinner will be held on October 13^th at 3:00 P.M.

David Smith, Chief of Police informed the Council he had been released by his physician for full duty. He had previously had been on light duty with no driving due to a medical condition.

Murray Marston then regretfully announced his resignation from the Council effective September 30^th of this year. Mr. Marston requested the Council and City Administrator continue to look for funding sources for long term infrastructure improvements.

Alan Stefek motioned to go into Executive Session at 7:25 P.M. with the City Administrator, Water/Sewer Superintendent and City Attorney for the purpose of discussing matters involving consultation with an attorney for the council which would be deemed privileged in the attorney-client relationship and that the Council returns to open meeting at 7:45 P.M. The executive session is required to protect the attorney-client privilege, and the public interest. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session at 7:25 P.M. and returned to open meeting at 7:45 P.M. Don Panzer motioned to authorize the Mayor to sign a Memorandum of Agreement with Margot Kurtz. Alan Stefek 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 October 9, 2006.

Patti L. Booher

City Clerk

September 27, 2006

The Ellsworth City Council held a Special Meeting at 5:30 P.M. on the above date for the purpose of the reviewing of and possible action on memorandums of agreement.

Mayor Robert Homolka opened the meeting with the following Council members present Murray Marston, Dan Ray, Alan Stefek and Cole Worrell. Council member Don Panzer was absent.

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

Jonathan Mitchell, City Administrator, reviewed the Memorandums of Agreement with Citizens State Bank and Trust Company as Trustee of the Margaret Muncie Trust. Murray Marston motioned to authorize the Mayor to sign the Memorandums of Agreement. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.

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

Patti L. Booher

City Clerk

August, 2006

August 14, 2006

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 Murray Marston, Don Panzer, Dan Ray, Alan Stefek and Cole Worrell.

Also in attendance were Jonathan Mitchell, City Administrator; Chief of Police David Smith; 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. When put to vote all vote aye. Motion carried.

Tracy Ploutz, Ellsworth County Sheriff, arrived at the meeting and addressed the Council. Sheriff Ploutz explained he is submitting a grant application for Enhanced-911. He then requested the Mayor sign a letter of support for the grant. Murray Marston motioned to authorize the Mayor to sign the letter of support. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried.

At this time Murray Marston motioned to approve the 2007 Budget. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

The City Administrator’s Contract was tabled until after Executive Session.

Jonathan Mitchell, City Administrator, then informed Council progress continues to be made at Ellsworth Family Connection Center and gave a brief update of activities of the Celebrations Committee.

Mr. Mitchell next reported HWS Engineers were proceeding with the airport master plan. They have been doing aerial surveys. The white X’s that have been seen around the City and County are part of the survey.

Mr. Mitchell also reported the City Attorney is continuing to work on easements for the Grand Avenue sewer project.

Mr. Mitchell then requested the Council authorize the Mayor to sign the 2007 TBRA Application. Don Panzer motioned to authorize the Mayor to sign the 2007 TBRA Application. Murray Marston seconded the motion. When put to vote all vote aye. Motion carried.

Dan Ray inquired if Eagle Communications would allow the City to post information on the local channel. This could include ordinances, minutes, water conservation notices, etc. Mr. Mitchell will contact Eagle Communications to see if they are able to provide this service.

Mr. Ray then requested a physical list of the properties not in compliance with the nuisance ordinance and where each property is in the process. Chief Smith will update the information for the Council.

Alan Stefek the requested the Police Department begin enforce the animal ordinance requiring citizens to remove feces on public property. Mr. Stefek has noticed a problem at Kriezek Park.

Don Panzer then recommended the merry-go-round at Priesker Park be moved to a different location. If events are held in the band shell the noise from the merry-go-round over powers the event.

Mr. Panzer then requested an update on Liberty Technologies. Mr. Mitchell reported progress continues to be made.

Cole Worrell next inquired the status of an ordinance prohibiting storage containers. Mr. Mitchell noted the Planning Commission would need to give approval prior to Council taking action.

Murray Marston motioned to go into Executive Session with the City Administrator and City Attorney at 7:40 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council returns to open meeting at 7:50 P.M. in this room. The executive session is required to protect the privacy interests of an identifiable individual. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session with the above mentioned at 7:40 P.M. and returned to regular session at 7:50 P.M. Alan Stefek motioned to go into Executive Session at 8:50 P.M. with the City Administrator and City Attorney for the purpose of discussing personnel matters for non-elected personnel and that the Council returns to open meeting at 9:00 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 into Executive Session at 7:50 P.M. and returned to open meeting at 8:00 P.M. Don Panzer motioned to approve the City Administrator’s Contract with changes made to the severance section and removal of City paid Dental Insurance. Cole Worrell 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 August 28, 2006.

Patti L. Booher

City Clerk

August 28, 2006

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 7:00 P.M. Council members Don Panzer, Dan Ray and Cole Worrell were present. Council members Murray Marston and Alan Stefek were absent.

Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; John Kerschner, Water/Sewer Superintendent; Linda Denning, Ellsworth County Independent Reporter; Anita Hoffhines, Ellsworth County Economic Development, Inc. and Mike Fisher.

There were no customers present to request an extension for Water/Sewer terminations. The Clerk then presented requests from Rick Stroede for an extension. Dan Ray motioned to approve the extension. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Dan Ray then motioned to approve the Consent Agenda. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Anita Hoffhines, Ellsworth County Economic Development, Inc. addressed the Council. Ms. Hoffhines requested the City extend the Welcome Home Plan incentives to contractors wanting to build spec homes. Dan Ray motioned to approve the request for the first spec home and to consider others on a case by case basis. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

During a review of the Project Board Jonathan Mitchell, City Administrator, reported an agreement has been sent to Venture Corporation regarding the cracks on Evans Street. Venture has yet to respond to the agreement.

Mr. Mitchell also reported the Russell Ethanol Plant is continuing with plans to utilize water from the Kanopolis Lake. A meeting is scheduled for September 5^th at 1:30 P.M. The Mayor and City Administrator will attend the meeting.

The following ordinance was presented for Council discussion:

AN ORDINANCE DEFINING AND REGULATING THE USE OF PORTABLE STORAGE UNITS IN THE CITY OF ELLSWORTH, PRESCRIBING PENALTIES FOR VIOLATIONS AND PROVIDING FOR ENFORCEMENT.

The ordinance will need to be presented to the Planning Committee and a Public Hearing scheduled. The ordinance can be presented to the Council following these actions. Mr. Mitchell was instructed to meet with the Planning Committee and ask for their guidance.

Cole Worrell then motioned to authorize the City Administrator to sign the acceptance of the FAA Grant. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried.

Mr. Mitchell informed the Council a pot-luck dinner to honor Portia Kralik will be held on September 1^st at 4 o’clock at Ellsworth Family Connection Center. Ms. Kralik has resigned her position and anyone is welcome to attend the event.

Don Panzer inquired if the City would be spraying for mosquitoes. Mr. Panzer is concerned about West Nile Virus. Mr. Mitchell noted the Street Department is to begin spraying this evening.

There being no further business on proper motion the meeting was adjourned until September 11, 2006.

Patti L. Booher

City Clerk

July, 2006

July 6, 2006

The Ellsworth City Council held a Special Meeting at 6:00 P.M. on the above date for the purpose of a conducting a 2007 Budget Work Session.

Mayor Robert Homolka opened the meeting with the following Council members present Don Panzer, Dan Ray and Cole Worrell. Council members Murray Marston and Alan Stefek were absent.

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

Jonathan Mitchell, City Administrator, reviewed the Proposed 2007 Budget for all funds except General, Capital Improvement and Municipal Equipment.

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

Patti L. Booher

City Clerk

July 10, 2006

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 Murray Marston, Don Panzer, Dan Ray, Alan Stefek and Cole Worrell.

Also in attendance were Jonathan Mitchell, City Administrator; Chief of Police David Smith; Carey Hipp, City Attorney; John Kerschner, Water/Sewer Superintendent; Jim Zamrzla, Street Superintendent; Linda Denning, Ellsworth County Independent Reporter; Mike Olson and Jon Halbewachs, Kirkham-Michael Engineers; Linda McCowan and Anita Hoffhines, Prairie Enterprise Project and Don Lyne.

The Mayor noted the minutes from the previous meeting should be removed from the consent agenda and the Clerk asked the Council to place a CMB License Renewal for Alco Discount Store #252 on the Consent agenda. Don Panzer motioned to approve the consent agenda as amended. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Don Lyne addressed the Council requesting an extension on the demolition of the house located at 201 N. Missouri Avenue. Cole Worrell motioned to give an extension of 60 days to complete the demolition. Murray Marston seconded the motion. When put to vote all vote aye. Motion carried.

Linda McGowan, Prairie Enterprise Project (PEP), gave an update on the groups’ progress. PEP continues to consult with those wishing to open a new business or expand a current business. Anita Hoffhines had prepared a video presentation, but was having technical difficulties and delayed the presentation until later in the meeting.

Jonathan Mitchell, City Administrator, reported he and Street Superintendent Jim Zamrzla had met with Jon Halbewachs, Kirkham-Michael Engineers along with 3 representatives from Venture Corporation to discuss the cracks in the pavement on Evans Street. Also present as a moderator at the meeting was Don Drickie, District Engineer for Kansas Department of Transportation. The City Administrator understood the outcome of the meeting was to complete full depth patching of the areas of concern and have each of the 3 parties pays 1/3 of the cost. The proposed cost was $18,000.

Mike Olson from Kirkham-Michael Engineers then stated his concerns with the agreement between Venture Corporation, Kirkham-Michael Engineers and the City of Ellsworth. Mr. Olson’s concerns are that his firm should not need to guarantee the contractor’s work. Kirkham-Michael had inspectors on site during the construction. The inspectors were not present at all time, but did inspections as required.

After lengthy discussion it was determined both parties would consult with their respective attorneys before signing the agreement prepared by Venture Corporation. The City’s attorney is also to contact the bonding company that Venture Corporation had for the project.

Anita Hoffhines then gave the Prairie Enterprise Project video presentation. Following the presentation Ms. Hoffhines requested additional funding for 2006 and continued funding in 2007.

Jonathan Mitchell, City Administrator, then informed Council the 2007 Budget Hearing has been set for July 24^th at 6:30 P.M.

Mr. Mitchell next reported to the Council he has received a 30-day notice from Kansas Janitorial Services to terminate the contract for the cleaning of City Hall and the Police Department. Mr. Mitchell has received several bids to take the contract and will be informing the Council of the final decision.

Mr. Mitchell then gave an update on the Ellsworth Family Connection Center. Improvements are being made at this time to make the facility more ecstatically pleasing. Should the Center expend all of the funds set aside in the City’s Capital Improvement Fund the Center would then be responsible for their liability insurance, property taxes and any repairs made to the facility.

Mr. Mitchell then reminded the Council the grace period will end in August for salvage yards to come into compliance with the ordinance passed in June.

The final information Mr. Mitchell had for Council was that he had received a letter from the Kansas Department of Labor stating the City has completed all deficiencies noted following the inspection.

Cole Worrell inquired if the Administrator had found any codes relating to the tractor-trailer storage units. Mr. Mitchell explained that there is currently nothing in the City’s Code Book or Ordinances denying placement within the City. Mr. Mitchell will have an ordinance ready for the following meeting.

Don Panzer motioned to go into Executive Session with the City Administrator and City Attorney at 8:40 P.M. to discuss matters involving consultation with an attorney for the council which would be deemed privileged in the attorney-client relationship and that the Council returns to open meeting at 8:50 P.M. in this room. The executive session is required to protect the attorney-client privilege, and the public interest. Murray Marston seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session with the above mentioned at 8:40 P.M. and returned to regular session at 8:50 P.M. Alan Stefek motioned to go into Executive Session at 8:50 P.M. with the City Administrator and City Attorney to discuss matters involving consultation with an attorney for the council which would be deemed privileged in the attorney-client relationship and that the Council returns 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 motioned to go into Executive Session at 8:55 with the City Administrator to discuss personnel matters for non-elected personnel and that council return to open meeting at 9:10 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 regular session at 9:10 P.M. No action was taken.

There being no further business on proper motion the meeting was recessed until July 24, 2006.

Patti L. Booher

City Clerk

July 24, 2006

The Ellsworth City Council held a Public Hearing to receive comments and answer questions regarding the 2007 Proposed Budget on the above date at 6:30 P.M. in Council Chambers at City Hall.

In the absence of Mayor Robert Homolka, Council President Murray Marston opened the hearing at 6:35 P.M. The following Council members were present Don Panzer and Cole Worrell. Mayor Robert Homolka and Council members Dan Ray and Alan Stefek were absent.

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 2007 Budget. Therefore the Council President closed the hearing at 6:55 P.M.

Patti L. Booher

City Clerk

July 24, 2006

The Ellsworth City Council met in recessed 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 Murray Marston called the meeting to order 7:00 P.M. Council members Don Panzer and Cole Worrell were present. Mayor Robert Homolka and Council members Dan Ray and Alan Stefek were absent.

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

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

The Clerk next requested a CMB License for the Celebrations Committee be added to the Consent Agenda. Cole Worrell then motioned to approve the Consent Agenda. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

Jon Halwbewachs, Kirkham-Michael Engineers then inquired if Council had any questions concerning Venture Corporation. A contract has been completed by Kirkham-Michael’s attorney. Work on the repair has ceased at this point.

At 7:12 Carey Hipp, City Attorney arrived at the meeting.

During a review of the Project Board Jonathan Mitchell, City Administrator informed Council the deadline to come into compliance with the Salvage Yard Ordinance is August 13^th. At this time none of the owners had approached the Council with a plan.

The 2007 Budget was tabled until the August 14, 2006 meeting to allow all governing body members an opportunity to vote on the budget.

Mr. Mitchell then requested the Council approve a contract with Brad and Darcy Hanson to do janitorial work at City Hall. Don Panzer motioned to approve the contract. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Mr. Mitchell then presented a request from the Celebrations Committee to allow sales of Cereal Malt Beverages in Preisker Park in conjunction with the Cowtown Idol Contest on August 4^th and 5^th an on August 19^th at the Demolition Derby located north of the T-ball field. Cole Worrell motioned to approve the request. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

The Clerk then presented an invoice from Ellsworth County Economic Development, Inc. for the 2^nd half of the 2006 distribution. Murray Marston motioned to approve the request. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Mr. Mitchell reviewed the “City at a Glance” for June. Mr. Mitchell also gave a brief report on progress being made at the Ellsworth Family Connection Center. Mr. Mitchell then reported the Horst-Reiter Trust has approved the purchase of merry-go-rounds at both parks.

Chief Smith reported his department continues to work on nuisance properties.

John Kerschner reported water usage has dropped since the conservation notice has been mailed.

Cole Worrell again inquired as to the status of prohibiting tractor-trailer type storage containers on personal property. Mr. Mitchell explained the Zoning Board would have to approve the prohibition prior to Council action.

Don Panzer then informed the Council he had received a complaint from Gene Peterman regarding his nuisance properties. Although Mr. Peterman does not dispute his properties are in need of care, he feels all nuisance properties should be required to comply. Mr. Peterman noted the property further up the street from him is Homolka Grain and there is more of a nuisance on that property than on Mr. Peterman’s. Mr. Panzer would like all nuisance properties treated the same regardless of the owner of the property.

Don Panzer motioned to go into Executive Session at 7:48 P.M. with the City Administrator and attorney for the purpose of discussing 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 the open meeting at 8:00 P.M. in this room. 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 Executive Session at 7:48 P.M. and returned to open session at 8:00 P.M. No action was taken.

There being no further business on proper motion the meeting was adjourned until August 14, 2006.

Patti L. Booher

City Clerk

June, 2006

June 12, 2006

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 Murray Marston, Don Panzer, Alan Stefek and Cole Worrell. Council member Dan Ray was absent.

Also in attendance were Jonathan Mitchell, City Administrator; Chief of Police David Smith; Carey Hipp, City Attorney; Ronnie Tenbrink, Recreation Director; Linda Denning, Ellsworth County Independent Reporter; Ron Katzenmeier, Golf Course employee; Mason May, Lesta Hoffman, Alan & Linda Byerley and Lu & Keith Adams.

Murray Marston motioned to approve the consent agenda. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

There were no updates for the project board.

Lu Adams then addressed the Council requesting the Council waive the $1.00 fee charged to lap swim at the municipal pool. After discussion Murray Marston motioned to amend the Pool Fee Ordinance to include lap swim. Don Panzer seconded the motion. When put to vote Marston and Panzer vote aye. Stefek and Worrell vote nay. Mayor Homolka cast the deciding aye vote. Motion carried.

The following resolution was presented for action:

A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS, AT WHICH A NEIGHBORHOOD REVITALIZATION PLAN SHALL BE CONSIDERED.

Murray Marston motioned to approve the resolution. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 12-0606A.

The following ordinance was then presented for Council action:

BEING AN ORDINANCE AMENDING SECTION 5.08.030 OF THE CITY OF ELLSWORTH MUNICIPAL CODE IN THE CITY OF ELLSWORTH, KANSAS.

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 2962.

The following ordinance was next presented for Council action:

BEING AN ORDINANCE AMENDING SECTION 5.12.100 AND 5.12.110 OF THE CITY OF ELLSWORTH MUNICIPAL CODE IN THE CITY OF ELLSWORTH, KANSAS.

Murray Marston motioned to approve the ordinance with a change being made in Section 1 to read lawful from unlawful. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2963.

Alan Stefek then motioned to approve the modification to the Lease Agreement dated the 1^st day of November with Ellsworth Family Connection Center (EFCC). Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

Mayor Homolka then appointed Stephanie Loudon to the J.H. Robbins Memorial Library. Cole Worrell motioned to approve the Mayor’s appointment. Murray Marston seconded the motion. When put to vote all vote aye. Motion carried.

Cole Worrell inquired if the mosquito sprayer was ready to be put into service. Murray Marston mentioned he had visited with the Street Superintendent and he is trying to hold off until closer to the Independence Day festivities.

Murray Marston congratulated the Mayor on attaining Level 1 of the Municipal Leadership Academy.

Don Panzer next voiced his concerns about the hours at the Golf Course. Following a lengthy discussion, the Council determined the City Administrator should work with the Recreation Director to set the most advantageous hours.

Mr. Mitchell reminded the Council Public Hearings will be held beginning at 6:30 P.M. on June 26^th. The hearings will cover the Downtown Development District, a franchise for Kansas Gas Service and a franchise for AT&T.

Mr. Mitchell then reported the Airport Advisory board has selected HWS Consulting to prepare the Master Plan for the airport. Mr. Mitchell will be bringing a proposal form HWS Consulting for Council approval.

Alan Stefek motioned to go into Executive Session with the City Administrator, City Attorney and the Chief of Police at 7:52 to discuss personnel matters for non-elected personnel and that the Council returns to open meeting at 7:57 P.M. in this room. The executive session is required to protect the privacy interests of an identifiable individual. Murray Marston seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session with the above mentioned at 7:52 P.M. and returned to regular session at 7:57 P.M. Alan Stefek motioned to go into Executive Session at 7:58 with the City Administrator and City Attorney to discuss personnel matters for non-elected personnel and that the Council returns to open meeting at 8:08 P.M. The executive session is required to protect the privacy interest of an identifiable individual. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session at 7:58 P.M. and returned to open meeting at 8:08 P.M. Cole Worrell motioned to go into Executive Session at 8:08 with the City Administrator to discuss personnel matters for non-elected personnel and that council return to open meeting at 8:18 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 8:08 P.M. and returned to regular session at 8:18 P.M. No action was taken.

There being no further business on proper motion the meeting was recessed until June 26, 2006.

Patti L. Booher

City Clerk

June 26, 2006

The Ellsworth City Council held a public hearing for the purpose of answering questions regarding the proposed Neighborhood Revitalization Plan on the above date at 6:30 P.M. in the Council Chambers of City Hall.

Mayor Robert Homolka opened the hearing with the following Council members present Murray Marston, Don Panzer, Alan Stefek and Cole Worrell. Council member Dan Ray was absent.

Also in attendance were Jonathan Mitchell, City Administrator; Linda Denning, Ellsworth County Independent Reporter; James Lambert, Kansas Gas Service and Cindy Zapletal, AT&T.

Jonathan Mitchell, City Administrator, explained the County is currently not willing to approve the amount proposed in the revitalization plan. The County would like to raise the threshold amount to $30,000 before a tax abatement is given. At this point further negotiations with the County are necessary.

There being no further business the hearing was closed.

Patti L. Booher

City Clerk

June 26, 2006

The Ellsworth City Council held a public hearing for the purpose of answering questions regarding the proposed franchise agreement with Kansas Gas Service on the above date at 6:35 P.M. in the Council Chambers of City Hall.

Mayor Robert Homolka opened the hearing with the following Council members present Murray Marston, Don Panzer, Alan Stefek and Cole Worrell. Council member Dan Ray was absent.

Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; Linda Denning, Ellsworth County Independent Reporter; James Lambert, Kansas Gas Service and Cindy Zapletal, AT&T.

James Lambert, Kansas Gas Service, gave a brief overview of the franchise agreement. Mr. Lambert also explained a companion ordinance could also be adopted allowing for a transport fee to be charged for consumers that are buying gas from another marketer and using KGS lines to transport the gas.

Don Panzer questioned weather a service representative would be located in the Ellsworth area. Mr. Lambert explained that the request would not be feasible, but the average response time for KGS is 30 minutes.

There being no further business the hearing was closed.

Patti L. Booher

City Clerk

June 26, 2006

The Ellsworth City Council held a public hearing for the purpose of answering questions regarding the proposed AT&T Franchise Agreement on the above date at 6:52 P.M. in the Council Chambers of City Hall.

Mayor Robert Homolka opened the hearing with the following Council members present Murray Marston, Don Panzer, Alan Stefek and Cole Worrell. Council member Dan Ray was absent.

Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; Linda Denning, Ellsworth County Independent Reporter; James Lambert, Kansas Gas Service and Cindy Zapletal, AT&T.

Cindy Zapetal, AT&T explained changes to the franchise agreement. The previous agreement was dated in 2002 and State Statute has changed since that time.

There being no further business the hearing was closed.

Patti L. Booher

City Clerk

June 26, 2006

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 7:01 P.M. Council members Murray Marston, Don Panzer, Alan Stefek and Cole Worrell were present. Council member Dan Ray was absent.

Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; John Kerschner, Water/Sewer Superintendent; Linda Denning, Ellsworth County Independent Reporter; James Lambert, Kansas Gas Service & Cindy Zapelal, AT&T..

There were no customers present to request an extension for Water/Sewer terminations. The Clerk then presented a request from Richard Watson, for an extension. Alan Stefek motioned to approve the extension. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Murray Marston motioned to approve the Consent Agenda. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

The Project Board was reviewed. Jonathan Mitchell, City Administrator, informed the Council he and Street Superintendent Jim Zamrzla would be meeting with representatives from Kirkham-Michael Engineers and Venture Corporation on June 28^th. A representative from the Kansas Department of Transportation will also be in attendance.

The following ordinance was then presented to Council for action:

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 CUSTOMERS; AND REPEALING AND REPLACING ORDINANCE #2961 OF THE CITY OF ELLSWORTH.

Murray Marston motioned to approve the ordinance. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2964.

The following ordinance was next presented for Council action:

BEING AN ORDINANCE AMENDING SECTION 2.36.020, 2.36.050 AND 2.36.090 OF THE CITY OF ELLSWORTH MUNICIPAL CODE IN THE CITY OF ELLSWORTH, KANSAS.

Murray Marston motioned to approve the ordinance after the words “improve or” are removed from 2.36.050 A. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2965.

The next ordinance for Council action was:

AN ORDINANCE, GRANTING TO KANSAS GAS SERVICE, A DIVISION OF ONEOK, INC., ITS SUCCESSORS AND ASSIGNS, A NATURAL GAS FRANCHISE, PRESCRIBING THE TERMS THEREOF AND RELATING THERETO, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT WITH OR IN CONFLICT WITH THE TERMS THEREOF.

Cole Worrell motioned to approve the ordinance. Murray Marston seconded the motion. Don Panzer again voiced his concerns a representative be located in the area. When put to vote all vote aye. Motion carried. The ordinance was then numbered 2966.

Chief of Police David Smith arrived at the meeting at 7:12 P.M.

The following ordinance was then presented for Council action:

AN ORDINANCE OF THE CITY OF ELLSWORTH, KANSAS PERTAINING TO THE TRANSPORTATION, DISTRIBUTION, AND SALE OF NATURAL GAS OR OTHER ENERGY THROUGH PIPELINES OR DISTRIBUTION SYSTEMS IN THE CITY REQUIRING A FRANCHISE.

Don Panzer motioned to approve the ordinance. Murray Marston seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2967.

The following ordinance was then presented for Council action:

A CONTRACT FRANCHISE ORDINANCE GRANTED TO SOUTHWESTERN BELL TELEPHONE, L.P., A TELECOMMUNICATIONS LOCAL EXCHANGE SERVICE PROVIDER PROVIDING LOCAL EXCHANGE SERVICE WITHIN THE CITY OF ELLSWORTH, KANSAS.

Alan Stefek motioned to approve the ordinance. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2968.

Chief Smith then explained the need for a policy prohibiting racial profile. Alan Stefek motioned to adopt the policy. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

The Clerk then presented the 2006 GAAP Waiver Resolution for action. Murray Marston motioned to approve the resolution. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 26-0606A.

The Clerk next informed the Council of changes to the Cafeteria Plan to include HIPPA requirements. She then presented a resolution adopting the changes. Alan Stefek motioned to approve the resolution. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The resolution was then numbered 26-0606B.

The ordinance adopting a neighborhood revitalization plan was tabled.

Mr. Mitchell then gave an update on Liberty Technologies and requested the Council hold a 2007 Budget Work session on July 6^th at 6:00 P.M. Mr. Mitchell is proposing the 2007 Budget be passed at the July 24^th meeting.

Cole Worrell then requested the Administrator review the Code Book for any codes that would apply to the large tractor-trailer containers that can be purchased and placed on personal property within the City.

Murray Marston inquired if there were any codes in place requiring residences to construct a fence around a pool. After discussion it was determined it is an insurance concern for the residence.

Don Panzer then inquired if the City was still working with the City of Hays to acquire additional water rights. Mr. Mitchell noted that option is no longer feasible, but he has begun talks with the City of Russell.

Mr. Marston then inquired when the intersection of Third and Blake Street will be completed. Mr. Mitchell gave an optimistic completion date of July 21^st.

Murray Marston motioned to go into Executive Session at 7:52 P.M. with the City Administrator and attorney for the purpose of discussing preliminary matters involving the acquisition of real property and that the Council return to the open meeting at 8:00 P.M. in this room. The executive session is required to protect the cities financial interest and bargaining position. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 7:52 P.M. and returned to open session at 8:00 P.M. Alan Stefek motioned to go into Executive Session at 8:00 P.M. with the City Administrator for the purpose of discussing personnel matters for non-elected personnel and the Council will return to the open meeting at 8:10 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.

Council entered Executive Session at 8:00 P.M. and returned to open session at 8:10 P.M. No action was taken.

There being no further business on proper motion the meeting was adjourned until July 10^th, 2006.

Patti L. Booher

City Clerk

May, 2006

May 8, 2006

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 Murray Marston, Don Panzer, Dan Ray and Cole Worrell. Council member Alan Stefek was absent.

Also in attendance were Jonathan Mitchell, City Administrator; John Kerschner, Water/Sewer Superintendent; Chief of Police David Smith; Jim Zamrzla, Street Superintendent; Carey Hipp, City Attorney and Linda Denning, Ellsworth County Independent Reporter.

Murray Marston motioned to approve the consent agenda. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

The Council next reviewed and updated the Project Board. John Kerschner, Water/Sewer Superintendent is waiting to hear from KDHE on the proposed changes for pond compliance. Jonathan Mitchell, City Administrator reported the City did not receive the KDOT grant for the Trail Project. Mr. Mitchell will resubmit the grant application for the next round of awards.

Dan Ray then motioned to approve the City of Ellsworth Personnel Policy & Guidelines. 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 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 COSTUMERS.

Don Panzer motioned to approve the ordinance. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was then numbered 2958.

The following ordinance was next presented for Council action:

BEING AN ORDINANCE LEVING A CITY GROSS EARNINGS TAX ON INTANGIBLES FOR THE YEAR 2007 AND THEREAFTER.

The ordinance died for a lack of a motion.

A resolution calling for a notice of a Neighborhood Revitalization Plan was then presented to the Council. Dan Ray motioned to approve the resolution. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried. The resolution was then numbered 08-0506A.

Carey Hipp, City Attorney then explained Eagle Communications has purchased Cebridge Connections and is requesting a public hearing be held in order to transfer the Franchise Agreement to them. Murray Marston motioned to approve the request. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The public hearing was then scheduled for May 22, 2006 at 6:30 P.M. in Council Chambers located at City Hall.

Mayor Homolka next made the following appointments:

City Clerk Patti Booher

Deputy City Clerk/Treasurer Angela Mueller

City Attorney Carey Hipp of Sherman, Hoffman and Hipp

Newspaper Ellsworth County Independent Reporter

Depository Citizens State Bank & Trust Company

Judge Dale Urbanek

Police Chief David Smith

Murray Marston motioned to approve the Mayor’s appointments. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

The Mayor then opened the floor for nominations of Council President. Don Panzer nominated Murray Marston. Dan Ray seconded the nomination. The floor was then closed to nominations. When put to a vote all vote aye.

Jim Zamrzla, Street Superintendent, informed the Council his department would be widening St. Clair Street between Bradley Street and Novak Street prior to Chip-n-seal being completed.

Jonathan Mitchell, City Administrator, reported a retirement party was held on May 5^th for Bill Warnock. Mr. Warnock will continue to contract with the City as a consultant.

Mr. Mitchell next informed the Council of improvements planned for the Ellsworth Memorial Cemetery. Jim Zamrzla is working with the City Administrator and Kevin Morganfield-Craig on the design.

The Chief of Police reported they have made the southwest corner of Lincoln Avenue and Second Street a No Parking Zone.

Mr. Mitchell next commended the Ellsworth-Kanopolis Chamber of Commerce for requesting funding for 2007 in an amount less than 2006. Mr. Mitchell noted he appreciated the Chamber’s understanding of the fiscal situation of the City.

Murray Marston motioned to go into Executive Session with the City Administrator, City Attorney and the Street Superintendent from 8:03 to 8:08 P.M. to discuss non-elected personnel. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session with the above mentioned at 8:03 P.M. and returned to regular session at 8:08 P.M. Cole Worrell motioned to go into Executive Session with the City Administrator and City Attorney to discuss matters deemed privileged in an Attorney/Client relationship from 8:15 to 8:25 P.M. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session at 8:15 P.M. and returned to regular session at 8:25 P.M. Cole Worrell motioned to go into Executive Session with the City Administrator and City Attorney to discuss matters deemed privileged in an Attorney/Client relationship from 8:26 to 8:32 P.M. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session at 8:26 P.M. and returned to regular session at 8:32 P.M. Discussion was then held regarding annexation. Dan Ray motioned to go into Executive Session with the City Administrator and City Attorney to discuss confidential data relating to financial affairs of second parties from 8:40 to 8:50 P.M. Murray Marston seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session at 8:40 P.M. and returned to regular session at 8:50 P.M. No action was taken.

There being no further business on proper motion the meeting was recessed until April 24, 2006.

Patti L. Booher

City Clerk

May 22, 2006

The Ellsworth City Council held a public hearing for the purpose of answering questions regarding the proposed franchise agreement with Eagle Communications on the above date at 6:30 P.M. in the Council Chambers of City Hall.

Mayor Robert Homolka opened the hearing with the following Council members present Don Panzer, Dan Ray, Alan Stefek and Cole Worrell. Council member Murray Marston was absent.

Also in attendance was City Administrator Jonathan Mitchell; Linda Denning, Ellsworth County Independent Reporter; Dennis Weese, Eagle Communications and Mark Gwinner, Cebridge Connections.

Mr. Weese gave an overview of Eagle Communications and informed the Council of the sale of services in Ellsworth from Cebridge Connections to Eagle Communications. Mr. Weese then answered questions from the Council.

There being no further business the hearing was closed.

Patti L. Booher

City Clerk

May 22, 2006

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 Murray Marston, Don Panzer, Dan Ray, Alan Stefek and Cole Worrell were present.

Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; John Kerschner, Water/Sewer Superintendent; David Smith, Chief of Police; Linda Denning, Ellsworth County Independent Reporter; Mark Gwinner, Cebridge Connections; Dennis Weese, Eagle Communications and Jennifer Crease, Polly Kralik and Sheryl Miller from Ellsworth Family Connection Center.

There were no customers present to request an extension for Water/Sewer terminations. The Clerk then presented requests from Richard Watson, Maria Richards and Patti Quick for extensions. Don Panzer motioned to approve the extensions. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Dan Ray then motioned to approve the Consent Agenda. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

Jennifer Crease, Ellsworth Family Connection Center (EFCC) addressed the Council. Ms. Crease explained the contract between the City and EFCC required the center to pay the water and sewer charges each month. Ms. Crease requested the contract be changed to waive the water and sewer fees each month. Don Panzer then motioned to have the contract redrawn to reflect the Centers requests. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried.

Ms. Kralik next informed the Council inmates from ECF had been working at EFCC doing items such as painting the exterior, sealing windows, etc.

An agreement for consulting services of Brenda Spencer was next on the agenda. Murray Marston motioned to approve the agreement. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

The following ordinance was next presented for action:

AN ORDINANCE PROVIDING FOR THE MANAGEMENT OF PUBLIC RIGHT OF WAYS IN THE CITY OF ELLSWORTH, ELLSWORTH COUNTY, KANSAS.

The Mayor questioned Section 4 of the ordinance in reference to having a city engineer. Don Panzer motioned to approve the ordinance with a change being made to read City Administrator or his designee rather than city engineer. Murray Marston seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was then numbered 2959.

The following ordinance was then presented for action:

AN ORDINANCE GRANTING A FRANCHISE TO EAGLE COMMUNICATIONS FOR THE CONSTRUCTION AND OPERATION OF A CABLE SYSTEM WITHIN THE CITY OF ELLSWORTH, KANSAS.

Alan Stefek motioned to approve the ordinance. Murray Marston seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2960.

An antennae attachment agreement between the City of Ellsworth and Eagle Communications was presented for action. Murray Marston motioned to approve the agreement. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.

The following ordinance was then presented for Council action:

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 CUSTOMERS.

The clerk explained there was a problem with the wording of Ordinance #2958. This ordinance further defines residential utility customer. Murray Marston motioned to approve the ordinance. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2961.

Jonathan Mitchell, City Administrator, gave an update on the 2007 Proposed Budget. He requested Council hold a work session on June 20^th at 6:00 P.M. Council agreed to meet at that time to review the proposed budget.

Mr. Mitchell then gave an update on the Airport Master Plan and the Historic District Nomination. Both of these projects are grants and will be of minimal cost to the City.

Mr. Mitchell also reported KDOT’s regional engineer would be inspecting Evans Street to try to pinpoint the cause of the cracking.

Mr. Mitchell then requested Council direction concerning the employment of Bill Warnock as a consultant to the Golf Course. When Mr. Warnock first discussed retiring he agreed to be a contract consultant. After reflecting on the situation it was determined Mr. Warnock would be required to be an employee or he would not be covered by Workman’s Compensation Insurance. After discussion, Council directed the Administrator to hire Mr. Warnock as a part-time employee not to exceed 999 hours per year. Council also indicated Mr. Warnock would not be allowed to operate any City equipment until June 1^st when he becomes an employee and to pay Mr. Warnock $850.00 for May’s consulting fee.

John Kerschner then reported the MDS is very low and everyone needs to remember we are still under voluntary water restrictions. The Clerk has taken out an ad in the paper to remind citizens.

Dan Ray then questioned the progress on the new pump at the golf course. Mr. Ray has received complaints from golfers the fairways are dying. Mr. Kerschner reported the pump will be working by the end of the week.

Alan Stefek motioned to go into Executive Session at 7:55 P.M. with the City Administrator and attorney for the purpose of discussing 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 the open meeting at 8:00 P.M. in this room. The executive session is required to protect the attorney-client privilege, and the public interest. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 7:55 P.M. and returned to open session at 8:00 P.M. Dan Ray motioned to go into Executive Session at 8:00 P.M. with the City Administrator and attorney for the purpose of discussing confidential data relating to financial affairs or trade secrets of a corporation, partnership, trust or individual proprietorship and the Council will return to the open meeting at 8:05 P.M. The executive session is required to protect a trade secret or to protect the privacy rights of a corporation, partnership, trust or individual proprietor with regard to their financial affairs. Don Panzer seconded the motion. When put to vote all vote aye.

Council entered Executive Session at 8:00 P.M. and returned to open session at 8:05 P.M. Discussion was held but no action was taken. Alan Stefek motioned to go into Executive Session at 8:10 P.M. with the City Administrator for the purpose of discussing personnel matters for non-elected personnel and that the Council return to the open meeting at 8:20 P.M. The Executive session is required to protect the privacy interests of an identifiable individual. Dan Ray seconded the motion. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 8:00 P.M. and returned to open session at 8:20 P.M. No action was taken.

There being no further business on proper motion the meeting was adjourned until June 12, 2006.

Patti L. Booher

City Clerk

April Minutes

April 10, 2006

The Ellsworth City Council held a Special Meeting at 6:00 P.M. on the above date for the purpose of a conducting a 2007 Budget Work Session.

The following Council members were present Murray Marston, Don Panzer, Alan Stefek and Cole Worrell. Mayor Robert Homolka and Council member Dan Ray were absent.

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

The Council reviewed and prioritized the CIP and Municipal Equipment Plans for the 2007 Proposed Budget.

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

Patti L. Booher

City Clerk

April 10, 2006

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 Murray Marston called the meeting to order. Council members present were Don Panzer, Alan Stefek and Cole Worrell. Council member Dan Ray was absent.

Also in attendance were Jonathan Mitchell, City Administrator; Chief of Police David Smith; Jim Zamrzla, Street Superintendent; Linda Denning, Ellsworth County Independent Reporter and Don Lyne.

Alan Stefek motioned to approve the consent agenda. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

The Council next reviewed and updated the Project Board. Many of the projects on the board are pending.

A dangerous structure hearing was then held. Don Lyne, property owner of the structure in question, informed the Council he intends to raze the structure. Following discussion the following resolution was presented to Council:

A RESOLUTION FINDING THAT THE STRUCTURE LOCATED AT THE SOUTH 20.8 FEET OF LOT TWENTY-FOUR (24) AND ALL OF LOTS TWENTY-FIVE (25) AND TWENTY-SIX (26), BLOCK FOUR (4), ORIGINAL CITY OF ELLSWORTH, ELLSWORTH COUNTY, KANSAS, A.K.A. 201 N. MISSOURI AVENUE, LOCATED IN THE CITY OF ELLSWORTH, ELLSWORTH COUNTY, KANSAS IS UNSAFE OR DANGEROUS AND DIRECTING THAT THE STRUCTURE BY REMOVED AND THE PREMISES MADE SAFE AND SECURE.

Don Panzer motioned to approve the resolution allowing Mr. Lyne until July 1, 2006 to raze the structure. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 10-0406A.

A resolution designating KMIT as the City’s Workman’s Compensation Insurance was next presented for Council action. Cole Worrell motioned to approve the resolution. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 10-0406B.

Don Panzer then motioned to approve the KMIT Bylaws and Interlocal Cooperation Agreement. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.

David Smith, Chief of Police, arrived at the meeting at 7:20 P.M.

Murray Marston next motioned to authorize the Mayor to sign the notice pursuant to K.S.A. 12-2626. Cole Worrell seconded the motion. When put to vote all vote aye.

Jim Zamrzla, Street Superintendent, informed the Council Bob Kepka had resigned his position at the Golf Course effective April 21^st. Joshua Webb has accepted the position and will begin work on April 24^th.

Jonathan Mitchell, City Administrator, informed the Council Bill Warnock will retire on April 28^th. A small reception will be held over the lunch hour on the 28^th to honor Mr. Warnock for his years of service to the City.

Don Panzer recommended the City inquire if the construction company working on the KDOT Project would be able to use a milling machine to work on the streets that need to be lowered.

At 7:30 P.M. Council recessed until 7:40 P.M.

At 7:40 P.M. the meeting was resumed. Rick Coon from Kansas Department of Commerce joined the meeting the meeting. Alan Stefek motioned to go into Executive Session with the City Administrator and Rick Coon to discuss confidential data relating to financial affairs or trade secrets of second parties from 7:40 to 7:50 P.M. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session at 7:40 P.M. and returned to regular session at 7:50 P.M. Cole Worrell motioned to go into Executive Session with the City Administrator and Rick Coon to discuss confidential data relating to financial affairs or trade secrets of a 2^nd party from 7:50 to 7:55 P.M. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session at 7:50 P.M. and returned to regular session at 7:55 P.M. At that time Rick Stitt and Kevin Slocum, Liberty Technologies and Harvey Yockum arrived at the meeting.

Don Panzer then motioned to approve the following resolution:

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS DETERMINING THE ADVISABILITY OF ISSUING INDUSTRIAL REVENUE BONDS OF SAID CITY FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION, INSTALLATION AND EQUIPPING OF A MANUFACTURING FACILITY.

Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The resolution was then numbered 10-0406C.

Cole Worrell next motioned to approve the Agreement for Payment in Lieu of Taxes with Liberty Technologies. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

At that time Rick Stitt, Liberty Technologies gave a brief introduction of himself and Liberty Technologies.

There being no further business on proper motion the meeting was recessed until April 24, 2006.

Patti L. Booher

City Clerk

April 11, 2006

The Ellsworth City Council held a Special Meeting at 5:00 P.M. on the above date for the purpose of amending Resolution #10-0406C.

Mayor Robert Homolka called the meeting to order with the following Council members present Murray Marston, Don Panzer and Cole Worrell. Council members Dan Ray and Alan Stefek were absent.

Also in attendance was Linda Denning, Ellsworth County Independent Reporter. City Administrator Jonathan Mitchell was present via the telephone.

Mr. Mitchell explained that due to need for a Debt Service Account Bond Council recommend approving an amending resolution in an amount not to exceed 5,000,000.00. Murray Marston motioned to approve the amending resolution. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 11-0406A.

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

Patti L. Booher

City Clerk

April 24, 2006

The Ellsworth City Council held a Special Meeting at 6:30 P.M. on the above date for the purpose of a conducting a 2007 Budget Work Session.

The following Council members were present Murray Marston, Don Panzer, Alan Stefek and Cole Worrell. Mayor Robert Homolka and Council member Dan Ray were absent.

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

The Council reviewed the CIP and Municipal Equipment Plans for the 2007 Proposed Budget.

Mayor Robert Homolka arrived at 6:46 P.M.

Jonathan Mitchell, City Administrator next reviewed alternative revenue sources.

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

Patti L. Booher

City Clerk

April 24, 2006

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 Murray Marston, Don Panzer, Alan Stefek and Cole Worrell were present. Council member Dan Ray was absent.

Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; John Kerschner, Water/Sewer Superintendent; David Smith, Chief of Police; Linda Denning, Ellsworth County Independent Reporter and Rick Stitt and Harold Mason, Liberty Technologies, Inc.

There were no customers present to request an extension for Water/Sewer terminations. The Clerk then presented requests from Richard Watson and Louis Vopat for extensions. Alan Stefek motioned to approve the extensions. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

Murray Marston then motioned to approve the Consent Agenda. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

There were no petitions or delegations. No new developments were noted on the project board.

The Personnel Policy and Guidelines were tabled for further review.

The following ordinance was then presented for Council action:

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 CUSTOMERS.

The ordinance was tabled until further clarification.

The following ordinance was next presented for Council action:

BEING AN ORDINANCE RELATING TO THE WATER RATES AND PAYMENT REGULATIONS AS ESTABLISHED IN CODE SECTION 13.08.110 FOR THE CITY OF ELLSWORTH, KANSAS.

Don Panzer motioned to approve the ordinance. Murray Marston seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was then numbered 2957.

John Sherman, City Attorney arrived at the meeting at 7:27 P.M.

The following ordinance was then presented for Council action:

BEING AN ORDINANCE LEVYING A CITY GROSS EARNINGS TAX ON INTANGIBLES FOR THE YEAR 2007 AND THEREAFTER.

The ordinance was tabled for further review.

Don Panzer next motioned to approve the airport funding transfer to the City of Great Bend. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Rick Stitt and Harold Mason, Liberty Technologies Inc., gave a brief update of the progress made since the previous meeting.

Mr. Mitchell then informed the Council the City’s new website is up and running. The address is www.ellsworthks.net.

Mr. Mitchell next requested the Mayor appoint a Council member to serve on the selection committee for the Downtown Historic District Committee. The Mayor appointed Don Panzer to the committee to serve as the City’s representative.

Don Panzer reported he has received complaints about citizens allowing dogs to relieve themselves in the City cemeteries. Mr. Mitchell will review the Animal Control Ordinance and the Cemetery Ordinance to see if this issue is addressed in either.

Murray Marston motioned to go into Executive Session from 7:45 to 7:50 P.M. with the City Administrator and Attorneys to discuss matters deemed privileged in an attorney-client relationship. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 7:45 P.M. and returned to regular session at 7:50 P.M. Murray Marston motioned to go into Executive Session with the City Administrator and Attorney to discuss matters deemed privileged in an attorney-client relationship from 7:50 to 8:00 P.M. Alan Stefek seconded the motion. When put to vote all vote aye.

Council entered Executive Session at 7:50 P.M. and returned to regular session at 8:00 P.M. Alan Stefek motioned to go into Executive Session with the City Administrator from 8:00 to 8:15 P.M. to discuss non-elected personnel in general government. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 8:00 P.M. and returned to regular session at 8:15 P.M. Don Panzer motioned to go into Executive Session with the City Administrator from 8:15 P.M. to 8:30 P.M. to discuss property acquisition. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session at 8:15 P.M. and returned to regular session at 8:30 P.M. No action was taken.

There being no further business on proper motion the meeting was adjourned until May 8, 2006.

Patti L. Booher

City Clerk

City Of Ellsworth Kansas Minutes

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