July, 2007

July 9, 2007

 

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

 

Mayor Robert Homolka called the meeting to order.  Council members present were Don Panzer, Alan Stefek, George Stover, Mary Wires and Cole Worrell.

 

            Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; John Kerschner, Water/Sewer Superintendent; Linda Denning, Ellsworth County Independent Reporter; Justin Mader, Kirkham-Michael Engineers and Tina Davis, Chairperson, Ellsworth Celebration Committee.

 

            Don Panzer motioned to approve the consent agenda.  George Stover seconded the motion.  Cole Worrell asked for explanation on the Municipal Pool phone bill.  The Clerk reported the expense is for turn on fees.  Mr. Worrell then inquired if the pilot lights on the heating units at the Recreation Center could be extinguished to cut costs.  Mr. Worrell also requested the minutes of the June 23 meeting be changed to include comments from Greg Hoffman concerning the sale of cereal malt beverages at Celebration Committee events.  The motion was then put to vote and all vote aye.  Motion carried.

 

            Tina Davis, Chairperson Ellsworth Celebrations Committee then updated the Council on events sponsored by the committee.  Mrs. Davis reported the Committee continues to look for ways to cut cost at events while increasing income.  Mrs. Davis reported the Star Spangled Spectacular was a great success.  She also reported a scholarship program has been established to encourage area students to volunteer to work at events.  The “Movies in the Park” series will begin with Ghostbusters on Friday the 13^th.

 

            Mrs. Davis then reported a carnival will be included at this years Cowtown Days.  The committee is requesting permission to close East N. Main Street from the east side of N. Douglas Avenue to the west side of Court Avenue.  After discussion the Council directed the City Administrator to work with businesses on W. First Street from the west side of N. Douglas Avenue to the east side of Grand Avenue to allow the carnival to be located in these blocks.

 

            Mrs. Davis next addressed the issue of selling cereal malt beverages at events.  Mrs. Davis has been working to hold a “wine tasting” at the Golf Course meeting room in the fall.  Mrs. Davis inquired if the Council would support such an event.  Council agreed the event was acceptable.

 

            Justin Mader, Kirkham-Michael Engineers reviewed the bid received from City Plumbing & Heating to move the water lines and install the storm sewer inlets for the TDD Project.  City Plumbing’s bid was lower than the engineer’s estimates.  Don Panzer motioned to accept the bid for $130,322.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Mr. Mader then gave a brief progress report of the TDD Project and informed Council they should begin to see work starting in August.  Actual road construction will be completed in 2008.

 

            Jonathan Mitchell, City Administrator, informed Council the test wells will be drilled next week weather permitting.  Mr. Mitchell also reported several City representatives met with members of Senator Sam Brownback’s office last week.  The City is still slated to receive a $300,000 grant earmarked for the sewer lagoon project.

 

            The next item on the agenda was a review of the needs and issues at the Recreation Center.  Alan Stefek stated he believed the building should be closed to the public and utilized by the Street and ECF Parks Departments.  The building will still be available during the 4-H Fair.  Mayor Homolka disagreed.

 

            The phone use policy was then discussed.  The Administrator proposed a new policy penalizing employees using the phones for personal use.  This penalty would be 40 cents per minute regardless of the amount the City pays for the phone and service.  Also time spent by department heads and staff reviewing bills has become cumbersome.  George Stover motioned to approve the new policy.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            The following resolution was then presented for Council action:

 

            RESOLUTION AUTHORIZING THE OFFERING FOR SALE OF TRANSPORTATION DEVELOPMENT DISTRICT SALES TAX REVENUE BONDS, SERIES 2007, OF THE CITY OF ELLSWORTH, KANSAS.

 

            Don Panzer motioned to approve the resolution.  George Stover seconded the motion.  When put to vote all vote aye.  Motion carried.  The resolution was then numbered 09-0707A.

 

            Cole Worrell requested a list of the streets planned for “chip-n-seal” for 2008.  The Clerk will have it at the next meeting.  Mr. Worrell also requested the Clerk’s office and Police Department begin completing Department Updates for Council review.

 

            Don Panzer inquired if progress had been made toward the reformation of the Golf Course Advisory Board.  Mr. Mitchell has several names but is still accepting recommendations.  Mr. Panzer then requested clarification of the use of the golf course by employees and their families.  The Clerk explained the employee can play for free according to IRS “No-Additional-Cost Services” rule, as long as the employee does not displace a paying customer.  However the same rule does not apply to the employee’s families.  Therefore the season passes or daily fees are required to be run through payroll and be included on the employee’s W-2 as wages.  All taxes must be paid on the benefit.  A child is considered a family member, by IRS, until age 25 if they are a dependent of the employee.

 

            Mr. Mitchell then requested Council review the WWTP and Lift Station Progress Report #1.  Mr. Mitchell next reported the Recreation Director has set up meetings with 3 engineer/architect firms for development of a Recreation Master Plan.  Council recommended the following individuals be included in the meetings: Robert Homolka, Mayor; Jonathan Mitchell, City Administrator; Ronnie Tenbrink, Recreation Director; Jim Zamrzla, Street Superintendent and Josh Webb, Greens keeper/City Arborist.

 

            The last item Mr. Mitchell had for Council was a request to have all members meet at 6:30 P.M. on July 10 and 11 to review the proposed 2008 Budget.

 

            There being no further business on proper motion the meeting was recessed until July 10, 2007 at 6:30 P.M.

 

 

                        Patti L. Booher

                        City Clerk

 

July 10, 2007

 

            The Ellsworth City Council met in recessed session on the above date at 6:30 P.M. in the Council Chambers at City Hall.

 

            Mayor Robert Homolka called the meeting to order.  Council members present were Don Panzer, Alan Stefek, George Stover, Mary Wires and Cole Worrell.

 

            Also in attendance were Jonathan Mitchell, City Administrator and Jim Zamrzla, Street Superintendent. Chief of Police David Smith arrived at 6:55 P.M.

 

            Jonathan Mitchell, City Administrator gave a presentation of the proposed 2008 Budget for all departments in the General Fund.

 

            There being no further business on proper motion the meeting was recessed until July 11, 2007 at 6:30 P.M.

 

 

                        Patti L. Booher

                        City Clerk

 

 

July 11, 2007

 

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

 

            In the absence of Mayor Robert Homolka, Council President Alan Stefek called the meeting to order.  Council members present were Don Panzer, George Stover, Mary Wires and Cole Worrell.

 

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

 

            Jonathan Mitchell, City Administrator, gave presentations of all funds other than those within the General Fund.

 

            There being no further business on proper motion the meeting was recessed until July 23, 2007 at 6:30 P.M. at the Ellsworth Recreation Center.

 

 

                        Patti L. Booher

                        City Clerk

 

 

July 23, 2007

 

            The Ellsworth City Council met in recessed session on the above date at 6:30 P.M. at the Ellsworth Recreation Center.

 

            In the absence of Mayor Robert Homolka, Council President Alan Stefek called the meeting to order.  Council members present were Don Panzer, George Stover, Mary Wires and Cole Worrell.

 

            Also in attendance were Jonathan Mitchell, City Administrator; John Kerschner; Water/Sewer Superintendent; Ron Tenbrink, Recreation Director; Linda Denning, Ellsworth County Independent Reporter; Kermit Rush and Terry Kueser, Ellsworth County Commissioners; Brent Goss, Ellsworth County Extension Agent and Keith Adams.

 

            All attendees walked through the building, inspecting the condition of each room.

 

There being no further business on proper motion the meeting was adjourned until 7:05 P.M. in the Council Chambers of City Hall.

 

 

                        Patti L. Booher

                        City Clerk

 

 

July 23, 2007

 

            The Ellsworth City Council met in recessed session on the above date at 7:09 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, George Stover, Mary Wires and Cole Worrell.

 

            Also in attendance were Jonathan Mitchell, City Administrator; John Kerschner; Water/Sewer Superintendent; Linda Denning, Ellsworth County Independent Reporter; Kermit Rush and Terry Kueser, Ellsworth County Commissioners, Brent Goss, Ellsworth County Extension Agent and Keith Adams.

 

            There were no customers in attendance to request an extension for Water/Sewer terminations.  The Clerk presented an extension request until August 3^rd for Richard Watson.  Don Panzer motioned to approve the extension.  George Stover seconded the motion.  When put to vote all vote aye.

 

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

 

            Jonathan Mitchell, City Administrator reported the test wells had not been drilled due to harvest and unusually wet conditions.  If the wells can not be drilled within the next week the City will need to request an extension.

 

            Mr. Mitchell then requested the Council meet on August 6, 2007 at 6:00 P.M. to hear proposals for a Recreation Master Plan.  Council requested they be reminded of the meeting closer to the date of the presentations.

 

            The next item on the agenda was the Downtown Master Plan Recommendations.  Mr. Mitchell reported the Downtown Taskforce had met with two consultants and received proposals for the Downtown Master Plan.  The taskforce recommended entering into an agreement with William Morris Associates.  Don Panzer motioned to approve the taskforce’s recommendation.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Discussion centering on the future of the Recreation Center was next held.  Keith Adams informed the Council he would not be in favor of closing the center.  Brent Goss, Ellsworth County Extension Agent requested the center stay open.  Terry Kueser and Kermit Rush, Ellsworth County Commissioners recommended working with the County and U.S.D. #327 to keep the facility open.  Mr. Mitchell indicated the cost of keeping the building open would be approximately $130,000.  This amount this did not include roofing.

 

            Following lengthy discussion Don Panzer motioned to keep the Recreation Center Gym open and available for rental until November 1^st; to lock the restrooms immediately; to require renters to provide port-a-potties or other restroom facilities; to terminate the water and gas service as quickly as possible; to authorize the City Administrator to contact Ellsworth County Commissioners and U.S.D. #327 Board to discuss other options to make the building available to citizens; and to request the building be included in the Recreation Master Plan.  George Stover seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            The following ordinance was then presented for Council action:

 

            AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LOAN AGREEMENT BETWEEN THE CITY OF ELLSWORTH, KANSAS AND THE STATE OF KANSAS, ACTING BY AND THROUGH THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT FOR THE PURPOSE OF FINANCING A WASTEWATER TREATMENT PROJECT; ESTABLISHING A DEDICATED SOURCE OF REVENUE FOR REPAYMENT OF SUCH LOAN; AUTHORIZING AND APPROVING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE LOAN AGREEMENT.

 

            George Stover motioned to approve the ordinance.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.  The ordinance was then numbered 2986.

 

            The following ordinance was then presented for Council action:

 

            AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $1,250,000 PRINCIPAL AMOUNT OF TRANSPORTATION DEVELOPMENT DISTRICT SALES TAX REVENUE BONDS (KUNKLE, DEES AND O’DONNELL TDD PROJECT), OF THE CITY OF ELLSWORTH, KANSAS FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF CERTAIN TRANSPORTATION PROJECTS IN THE CITY; AUTHORIZING EXECUTION OF A BOND TRUST INDENTURE BY THE CITY AND CITIZENS STATE BANK AND TRUST, CO., ELLSWORTH , KANSAS, AS TRUSTEE; AUTHORIZING THE EXECUTION OF THE BOND PURCHASE AGREEMENT FOR THE BONDS BY AND BETWEEN THE CITY AND PIPER JAFFRAY & CO., LEAWOOD, KANSAS, AS PURCHASER OF THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS TO PROVIDE FOR THE PAYMENT AND SECURITY OF THE BONDS AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH.

 

            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 2987.

 

            Mr. Mitchell then presented a revised phone policy.  Mr. Mitchell explained after reviewing policies of other cities and at the request of unhappy staff members the policy was changed to allow “reasonable use” by employees.  Each minute of personal use will be paid at 10 cents per minute.  Don Panzer motioned to approve the policy.  Cole Worrell seconded the motion.  When put to vote Panzer, Stover, Wires and Worrell vote aye.  Stefek votes nay.  Motion carried.

 

            Don Panzer then motioned to approve August 13, 2007 at 6:45 P.M. for the Public Hearing for the 2008 Budget.  George Stover seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Don Panzer reported the vacant lot at Kunkle and Elizabeth Drives needed to be mowed.  Smoky Hill Development Corporation has been contacted and will be mowing soon.

 

            Mr. Panzer then reported he had been contacted concerning stereo amplification ordinance.  Mr. Mitchell will review the ordinance to determine if changes are necessary.

 

            Cole Worrell requested the owner of the garage that had been blown down over a year ago during a storm be contacted to have the remains of the building removed.

 

            Kermit Rush requested police patrol on Evans Street be increased during shift changes at St. Francis Boys Home.  Mr. Mitchell will pass the request on to the Police Department.

 

            Mr. Mitchell requested the Council’s direction in regards to the parking lot at the Ellsworth Federal Credit Union.  The lease has expired and the Credit Union is requesting the City be responsible for snow removal.  Council instructed Mr. Mitchell to go forward with the lease including the City removing snow.

 

            Mr. Mitchell then informed the Council FEMA has extended the dates for damage caused by tornados, floods, etc. in the month of May to include damage to City property throughout the City.  Mr. Mitchell and Department Heads will be working to complete paperwork for reimbursement of cost associated with flooding during this timeframe.

 

            Mr. Mitchell next informed Council he would like to go forward with the request to the Horst-Reiter Foundation for a new shelter building at Kreizek Park.  Council agreed with Mr. Mitchell’s plan.

 

            Mr. Mitchell then reviewed the Consulting Services Agreement for the engineering expense for the AWOS System.  The engineering is not included with the grant for the system.  George Stover motioned to approve the consulting agreement.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Mr. Mitchell requested the funds that had been earmarked for playground equipment be used to make the Inmate Detail Shop more energy efficient.  Council recommended an estimate of expenses be completed prior to approving the funding.

 

            Mr. Mitchell then requested Council approve the purchase of sequentially numbered tags for use as proof a daily fees being paid for the Golf Course.  Currently people are playing golf after the Clubhouse is closed and they are not paying the green fees.  Council agreed to the purchase of the tags.

 

There being no further business on proper motion the meeting was adjourned until August 13, 2007.

 

 

 

                        Patti L. Booher

                        City Clerk

 

June, 2007

June 11, 2007

 

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

 

Mayor Robert Homolka called the meeting to order.  Council members present were Don Panzer, Alan Stefek, George Stover, Mary Wires and Cole Worrell.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

            Cole Worrell motioned to approve the following ordinance:

 

            AN ORDINANCE PROVIDING FOR A UTILITY CHARGE FOR PAYMENT OF MAINTENANCE COSTS OF THE CITY SWIMMING POOL AGAINST THE RESIDENTIAL UTILITY CUSTOMERS OF THE CITY OF ELLSWORTH AND DEFINING RESIDENTIAL UTILITY CUSTOMER; AND REPEALING AND REPLACING ORDINANCE 2964 OF THE CITY OF ELLSWORTH.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

            Council entered Executive Session at 8:51 P.M. and returned to open meeting at 9:01 P.M.  Alan Stefek then motioned the Council enter Executive Session with the City Administrator at 9:01 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to open meeting at 9:06 P.M.  The executive session is required to protect the privacy interests of an identifiable individual.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered Executive Session at 9:01 P.M. and returned to open meeting at 9:06 P.M.  There being no further business on proper motion the meeting was recessed until June 25, 2007.

 

 

                        Patti L. Booher

                        City Clerk

 

 

 

June 25, 2007

 

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

 

            Mayor Robert Homolka called the meeting to order.  Council members present were Don Panzer, George Stover, Mary Wires and Cole Worrell.  Council member Alan Stefek was absent.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

                        Patti L. Booher

                        City Clerk

 

May, 2007

May 14, 2007

 

            The Ellsworth City Council held a Public Hearing to receive comments and answer questions regarding proposed amendments to the Transportation Development District (TDD) on the above date at 6:50 P.M. in Council Chambers at City Hall.

 

            Mayor Robert Homolka opened the hearing at 6:50 P.M.  The following Council members were present Don Panzer, Dan Ray, Alan Stefek, Mary Wires and Cole Worrell.

 

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

 

            There were no citizens present at the hearing.

 

            Mayor Homolka closed the hearing at 6:59 P.M.

 

 

                                                            Patti L. Booher

                                                                                    City Clerk

 

 

May 14, 2007

 

The Ellsworth City Council met in regular session on the above date at 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; George Stover, Council member-elect; Linda Denning, Ellsworth County Independent Reporter and John Halwbewachs, Kirkham-Michael Engineers.

 

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

 

            During a review of the Project Board the Grand Avenue Sewer Project was removed from the board.  Next Jonathan Mitchell, City Administrator, reported construction would not begin until spring of 2008 on the Dees Avenue and Kunkle Street project.  Work will begin to move utilities fall of 2007.

 

            Mr. Mitchell then recommended utilizing City Plumbing as the Contractor to move the City utilities and install the storm sewer on the project.  Dan Ray motioned to approve City Plumbing to move the City’s utilities and install the storm sewer for the Dees Avenue and Kunkle Street project not to exceed the engineers estimate.  Cole Worrell seconded the motion.  Mary Wires abstained from voting.  When put to vote all vote aye.  Motion carried.

 

            The following ordinance was then presented for Council action:

 

            AN ORDINANCE, GRANTING TO CITY OF ELLSWORTH WATER AND WASTEWATER DEPARTMENT A DIVISION OF THE CITY OF ELLSWORTH, ITS SUCCESSORS AND ASSIGNS, A UTILITY FRANCHISE, PRESCRIBING THE TERMS THEREOF AND RELATING THERETO, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT WITH OR IN CONFLICT WITH THE TERMS HEREOF.

 

            Don Panzer motioned to approve the ordinance.  Alan Stefek seconded the ordinance.  When put to vote all vote aye.  Motion carried.  The ordinance was then numbered 2980.

 

            The Clerk then requested Alan Stefek, Cole Worrell and George Stover recite the Loyalty Oath to begin their 4-year term following the April election.  Mayor Homolka then opened the floor for nominations of Council President.  Don Panzer nominated Alan Stefek for Council President.  Cole Worrell seconded the nomination.  Mayor Homolka closed the floor to nominations.  When put to vote all vote aye.  Motion carried.  Mayor Homolka then made the following appointments:

 

Clerk                                                   Patti L. Booher

Deputy City Clerk/Treasurer               Angela Mueller

Attorney                                              Carey Hipp

Newspaper                                          Ellsworth County Independent Reporter

Depository                                          Citizens State Bank & Trust Company

Judge                                                   Dale Urbanek

Chief of Police                                    David Smith

 

            Don Panzer motioned to approve the Mayor’s appointments.  George Stover seconded the motion.  When put to vote all vote aye.  Motion carried.  Mayor Homolka then made the following board and committee appointments:

 

Housing Authority                               Virgil Beougher

Library Board                                     Lydia Slomka

                                                            Mary Herzog

Tourism & Convention Committee      Victor Kumar

Public Building Commission               Richard Connally

Planning Commission                          Alan Doubrava

                                                            Janelle Robson

Beautification Committee                    David Brownback

 

            Alan Stefek motioned to approve the Mayor’s appointments.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            The following ordinance was then presented for Council action:

 

            AN ORDINANCE AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT BETWEEN ELLSWORTH, KANSAS AND THE STATE OF KANSAS, ACTING BY AND THROUGH THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT FOR THE PURPOSE OF OBTAINING A LOAN FROM THE KANSAS WATER POLLUTION CONTROL REVOLVING FUND FOR THE PURPOSE OF FINANCING A WASTEWATER TREATMENT PROJECT; ESTABLISHING A DEDICATED SOURCE OF REVENUE FOR REPAYMENT OF SUCH LOAN; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE LOAN AGREEMENT.

 

            Don Panzer motioned to approve the ordinance.  Mary Wires seconded the motion.  Mr. Mitchell reported the interest rate for the loan is 2.52%.  The City will need to request an amendment to the agreement for an additional $400,000.  Mr. Mitchell explained he had hoped to receive a CDBG grant for this amount, but now believes the low to moderate income guidelines could not be achieved.  Mayor then put the motion to vote and all vote aye.  Motion carried.  The ordinance was then numbered 2981.

 

            The following ordinance was next presented for Council action:

 

            AN ORDINANCE RELATING TO A TRANSPORTATION DEVELOPMENT DISTRICT IN THE CITY OF ELLSWORTH, KANSAS AND CERTAIN TRANSPORTATION PROJECTS THEREIN; APPROVING A MODIFICATION OF THE MAXIMUM COSTS OF SUCH TRANSPORTATION PROJECTS; RATIFYING THE BOUNDARIES OF THE DISTRICT, THE METHOD OF FINANCING THE PROJECTS AND THE LEVYING OF A TRANSPORTATION DEVELOPMENT DISTRICT SALES TAX.

 

            Alan Stefek motioned to approve the ordinance.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.  The ordinance was then numbered 2982.

 

            Mr. Mitchell then requested the engineer contract for the wastewater treatment project design and specifications be tabled to allow the City Attorney and Administrator more time to review and revise the agreement.  Cole Worrell motioned to approve the Administrator’s request.  George Stover seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Mr. Mitchell next reviewed the Airport Advisory Board’s recommendation for 5-year Airport Consultant Engineer.  The Board received 4 submissions to their Request for Qualifications and interviewed 2 of the companies.  Following the interview the Board recommended designating HWS as the 5-year Airport Consultant Engineers.  Jon Halwbewachs, Kirkham-Michael, requested the information concerning the criteria for the recommendation.  Cole Worrell motioned to approve the Airport Advisory Board’s recommendation.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Alan Stefek inquired if the City had received an extension for the test drilling for an alternate water source.  Mr. Mitchell informed Council he has requested an extension, but had not received a response yet.

 

            Don Panzer requested the Court Order and water contract with Post Rock Rural Water District (PRRWD) be reviewed to determine if the City is still bound by either to continue purchasing water from PRRWD as they are not meeting KDH&E standards.  The City Attorney will review these items.

 

            Mr. Panzer then inquired the criteria for sounding the tornado sirens.  Mr. Stover, who also serves on the Volunteer Fire Department, explained storm spotters dispatched throughout the County relay severe weather information to the Ellsworth County Sheriff Department Dispatcher, but ultimately the dispatcher sounds the siren at their discretion.

 

            Mr. Mitchell then thanked John Griffith for the landscape work he recently completed at Priesker Park.  Mr. Griffith donated his time for the work.  Mr. Mitchell also reported the Rods, Ribs & Rock Festival in the park was a great success.

 

            Mr. Mitchell next reported the Ellsworth County Emergency Management Coordinator has requested FEMA declare all of Ellsworth County a disaster area.  Mr. Mitchell will report back after FEMA inspects the area.

 

            The Heritage Trust Fund Grant was not awarded on May 12^th due to a lack of quorum.  The committee will try to award the grant on the 19^th.  More information will be forthcoming.

 

            Mr. Mitchell reviewed a letter sent to KDOC requesting additional funding for Ellsworth Family Connection Center.  Mr. Mitchell also informed Council staff has begun working on the Proposed 2008 Budget.  Presentations on the budget will begin in June.

 

            Don Panzer then motioned the Council enter Executive Session with the City Administrator at 8:10 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 8:30 P.M.  The executive session is required to protect the privacy interests of an identifiable individual.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered Executive Session at 8:10 P.M. and returned to open meeting at 8:30 P.M.  Mr. Mitchell requested employees be paid overtime for time spent working during the recent storm.  Alan Stefek motioned to pay overtime for natural disasters regardless of leave used in the same week.  George Stover seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            There being no further business on proper motion the meeting was recessed until May 30, 2007.

 

 

                        Patti L. Booher

                        City Clerk

 

May 30, 2007

 

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

 

            In the absence of Mayor Robert Homolka, Council President Alan Stefek called the meeting to order.  Council members present were Don Panzer, Mary Wires and Cole Worrell.  Council member George Stover was absent.

 

            Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; David Smith, Chief of Police; Mark Seitz, Ellsworth County Independent Reporter Phil Rogers, Cashco, Inc. and Karen Shriner.

 

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

 

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

 

            Phil Rogers, Cashco, Inc. addressed the Council.  Mr. Rogers presented detailed information concerning contaminants detected in the Homolka Subdivision.  Homestead Affordable Housing had the testing completed in an effort to receive HUD financing for a proposed housing project.  The property did not qualify for the funding and was no longer feasible due to the finding of the environmental testing.

 

            Mr. Rogers went on to explain Cashco, Inc. has been monitoring the contaminants for at least the last 20 years.  Currently they sample every 6 months and no contaminants are being detected.  Mr. Rogers also explained Cashco, Inc. will continue monitoring the area and looks forward to working amicably with the City on this and other projects in the future.

 

Mr. Rogers then fielded questions from the Council.  Mr. Rogers indicated no final determination has been made indicating Cashco, Inc. as being responsible for the contamination.  However, Mr. Rogers stated the larger issue is continuing to operate Cashco, Inc. and providing job opportunities in the community leading to a stronger local economic status.

 

Karen Shriner then addressed the Council.  Ms. Shriner’s concern is with a neighbor allowing her dogs to run at large.  The dogs continually use other neighbor’s yards to relieve themselves and the owner of the animals refuses to remove the feces.  David Smith, Chief of Police explained the Police Department has investigated the situation and has a Notice to Appear completed.  The notice must be signed by a judge and the Municipal Judge is an acquaintance with the owner of the animals therefore, he has recused himself from the case.  The City Attorney is working with the Court Clerk to locate a Pro-tem Judge.  Once one has been obtained the Notice will be signed and served to the owner.

 

There were no updates to the Project Board.

 

The following ordinance was then presented for Council action:

 

BEING AN ORDINANCE RELATING TO THE WATER RATES AND PAYMENT REGULATION AS ESTABLISHED IN CODE SECTION 13.08.110 AND 13.08.120 FOR THE CITY OF ELLSWORTH, KANSAS.

 

            Jonathan Mitchell, City Administrator, disbursed linear graphs projecting the potential shortfalls in the near future for the Water/Sewer Department.  Don Panzer motioned to approve the ordinance.  Mary Wires seconded the motion.  When put to vote all vote aye.  Motion carried.  The ordinance was numbered 2983.

 

            The next ordinance was presented for Council action:

 

            BEING AN ORDINANCE AMENDING ORDINANCE NO. 2882 OF THE CITY OF 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 2984.

 

            The following ordinance was next presented for action:

 

            BEING AN ORDINANCE AMENDING ORDINANCE NO. 2495.  SAID ORDINANCE BEING AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE CITY OF ELLSWORTH, KANSAS.

 

            Cole Worrell motioned to approve the ordinance.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.  The ordinance was numbered 2985.

 

            The next item on the agenda was a contract with Kirkham-Michael Engineers for design and construction engineer services for the Wastewater Treatment Plant.  Cole Worrell motioned to approve the contract.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Cole Worrell inquired if mosquito spraying would begin soon.  Mr. Mitchell informed the Council the City 6 applications on hand and will spray when the weather permits.

 

            Mr. Worrell then requested Don Lyne be contacted as his extension to raze a dangerous structure has expired.  The Chief of Police is to contact Mr. Lyne.

 

            Don Panzer then passed on praise for the employees and volunteers that responded to the flash flood occurring on May 24^th.  Mr. Panzer also expressed gratitude to Mark Parsons and an inmate crew for repairing the headstones knocked down by the water in the Ellsworth Cemetery before Memorial Day.

 

            Mr. Panzer inquired if any progress had been made toward replacing the walking path at Kreizek Park.  Mr. Mitchell explained he and the Recreation Director continue to work with one of the trustee for the Horst-Reiter Trust to fund the project.

 

            Mr. Panzer then inquired if the City had any responsibility to businesses along the alley behind City Hall due to water damage for flooding.  Mr. Kerschner explained the rain was so hard the storm sewers and sewers could not handle all the water.  It is not the City’s responsibility.

 

            Mr. Panzer next inquired if any information concerning the Post Rock Rural Water District requiring the City to purchase water had been reviewed.  There was no information available at this time.

 

            Carey Hipp, City Attorney, then requested Council increase rates for her services to $125.00 per hour.

 

            Mr. Mitchell informed Council the City had been declared a Federal Disaster Area following the May 5^th flooding and will receive reimbursements for some expenses.  The County has declared the flash flood on May 24^th a disaster also.  The state will need to declare a disaster and then the federal government before any funds will be available for reimbursement for damages caused by that storm.

 

            Mr. Mitchell then reported the Heritage Trust Fund had awarded the National Drover’s Hall of Fame a grant for improvements to their building.  Mr. Mitchell requested he be permitted to administer the grant.  Some of the work may be completed during City time.  Council approved the request.

 

            Mr. Mitchell next reported the Planning Commission has requested Riggs Consulting remove the Economic Resources portion of the Comprehensive Plan.  The cost of this portion is approximately $3,500.

 

            Mr. Mitchell then reported the United Methodist Church requested the alley behind their church be one-way only as far as the vacant building owned by Clausen, Inc.  After discussion it was determined the alley will be one-way the entire length of the block.

 

            Mr. Mitchell then reported the Local Emergency Planning Committee is working to prepare a warning system that is consistent for the entire County.  The siren will be sounded only for tornados.  Residents should tune to TV or radio stations broadcasting emergency information.

 

            Cole Worrell then motioned the Council enter Executive Session with the City Administrator at 8:30 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 8:45 P.M.  The executive session is required to protect the privacy interests of identifiable individuals.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered Executive Session at 8:30 P.M. and returned to open meeting at 8:45 P.M.  At that time Don Panzer motioned to approve the proposed 2008 Pay Plan to be effective on January 1, 2008 with increases being dependent upon employee evaluations completed on anniversary dates.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Don Panzer next motioned to approve an increase in City Attorney fees to $125.00 per hour.  Mary Wires seconded the motion.  When put to vote all vote aye.  Motion carried.

 

There being no further business on proper motion the meeting was adjourned until June 11, 2007.

 

 

 

                        Patti L. Booher

                        City Clerk

 

April, 2007

April 9, 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; 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.  The motion was then put to vote and all vote aye.  Motion carried.

 

            During a review of the Project Board John Kerschner, Water/Sewer Superintendent gave an update on the Sewerline Project.  Jonathan Mitchell, City Administrator informed the Council a State Revolving Loan Application for the Sewer Pond Project has been sent to KDH&E.  More information will be forthcoming.

 

            Mr. Mitchell also informed Council he is in the process of obtaining signatures on the amended petition for the Transportation Development District.  The petition was amended to 1.25 Million in costs.

 

            Don Panzer inquired if any test wells had been drilled.  Mr. Mitchell reported the ground is still too wet to get into the field.

 

            The following ordinance was then presented for Council action:

 

            AN ORDINANCE, GRANTING TO CITY OF ELLSWORTH WATER AND WASTEWATER DEPARTMENT A DIVISION OF THE CITY OF ELLSWORTH, ITS SUCCESSORS AND ASSIGNS, A UTILITY FRANCHISE, PRESCRIBING THE TERMS THEREOF AND RELATING THERETO, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT WITH OR IN CONFLICT WITH THE TERMS HEREOF.

 

            Cole Worrell motioned to table the ordinance until April 23^rd to allow for further review.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council next reviewed a list of citizens approached concerning the removal of animal excrement.  The Police Department will continue to monitor the public areas.

 

            The next item on the agenda was request from the Celebrations Committee to grant an exception to existing City Codes prohibiting CMB sales and consumption in Priesker Park on May 12^th and September 27^th – 29^th.  Don Panzer motioned to grant the exception.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Cole Worrell requested an update on Ellsworth Family Connection Center (EFCC).  Mr. Mitchell noted he would present the information later in the meeting.

 

            Don Panzer inquired if the Horst-Reiter Trust had taken any action to purchase the Richard Allen property allowing for expansion of the Ellsworth Cemetery or on the walking paths at Kriezek Park.  Mr. Mitchell explained he had not forwarded the requests to the Trustees as of yet.

 

            Mr. Mitchell next informed the Council SB 34 relating to Transportation Development Districts has passed both the State of Kansas House and Senate and is awaiting signature by the Governor.

 

            Mr. Mitchell next reported he had met with the County Commissioners and they have committed $30,000 for airport improvements for Fiscal Year 2007.

 

            Mr. Mitchell next reviewed the Planning Commission’s recommendation of Riggs & Associates to complete a Comprehensive Plan.  Don Panzer motioned to approve the Panning Commission’s recommendation to hire Riggs and Associates to complete a Comprehensive Plan in an amount not to exceed $39,650.00.  Mary Wires seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Mr. Mitchell then reported EFCC board had met and is currently soliciting bids for liability insurance.  The board also agreed to an increase of rates to be self-sustaining.  Mr. Mitchell will have further information for review at a later meeting.

 

            Mr. Mitchell then addressed a request to have the stop sign removed on the South corner of Stanberry and Tenth Streets.  The Chief of Police submitted a report recommending the sign be left in place.  Council indicated the Chief has the authority to determine if the sign should be removed.

 

            There being no further business on proper motion the meeting was recessed until April 23, 2007.

 

 

                        Patti L. Booher

                        City Clerk

 

April 23, 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 two students from EHS Government Class.

 

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

 

            Alan Stefek motioned to approve the Consent Agenda.  Cole Worrell seconded the motion.  The motion was then put to vote and all vote aye.  Motion carried.

 

            Jonathan Mitchell, City Administrator reported the preliminary documents for the KDH&E State Revolving Loan have been reviewed and the final documents should be available within the next several weeks.

 

            Mr. Mitchell next informed the Council the Amended and Restated Petition for the TDD had been signed by all interested parties.

 

            Don Panzer inquired if progress had been made on the test wells.  At this time the ground continues to be too wet for the drilling to commence.

 

            The following ordinance was next presented for Council action:

 

            AN ORDINANCE, GRANTING TO CITY OF ELLSWORTH WATER AND WASTEWATER DEPARTMENT A DIVISION OF THE CITY OF ELLSWORTH, ITS SUCCESSORS AND ASSIGNS, A UTILITY FRANCHISE, PRESCRIBING THE TERMS THEREOF AND RELATING THERETO, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT WITH OR IN CONFLICT WITH THE TERMS HEREOF.

 

            Mayor Homolka questioned Sections 4, 5, 6, 7, 8, 9 and 10.  The Mayor is concerned if the ordinance is adopted in its current form the City will be relinquishing its right-of-ways and easements to other utilities.  Alan Stefek motioned to table the ordinance until the May 14 meeting allowing the City Attorney to review the ordinance and present revisions making the City utilities a priority.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Mr. Mitchell then reviewed the Amended and Restated Petition for the Transportation Development District and presented the following resolution calling for a Public Hearing to be held May 14^th at 6:50 P.M:

 

            A RESOLUTION RELATING TO A CITY OF ELLSWORTH, KANSAS TRANSPORTATION DEVELOPMENT DISTRICT AND THE MAXIMUM COST OF A PROJECT IN SUCH DISTRICT; AND PROVIDING FOR THE GIVING OF NOTICE OF A PUBLIC HEARING.

 

            Cole Worrell motioned to approve the resolution.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.  The resolution was then numbered 23-0407A.

 

            Don Panzer inquired if the City could pass building permit inquiries to another employee if the City Administrator is unavailable.  Mr. Mitchell indicated Jim Zamrzla or Verle Willey could be utilized in this capacity if necessary.

 

            Alan Stefek then inquired if any of the other members or administration were aware of the county planning to start levying taxes on car ports, storage sheds, hangars, etc.  Mr. Mitchell indicated the County had mentioned levying taxes on golf cart sheds, but had not heard anything concerning other property.

 

            Mr. Mitchell then reported a KMIT safety review had been completed and the City received a “Gold Star” rating.  This is the highest rating given by KMIT and the City will receive a 5% discount on the 2008 Workman’s Compensation premium based on the rating.

 

            Mr. Mitchell next informed the Council SB 34 had been signed by the Governor.  Mr. Mitchell then reported grant applications have been submitted on the behalf of the Fire Department. 

 

Mr. Mitchell reported May 4^th proposals for a 5-year airport engineering consultant will be reviewed.  The Airport Advisory Board will conduct interviews with the top 2 or 3 candidates.  Mr. Mitchell also informed the Council Friday, April 29^th bids were open for snow removal equipment for the Municipal Airport.  Two bids were received.  Both bids had irregularities and neither bid could be awarded.  The engineer however did recommend the City accept the bid from Robl Farm Supply for $149,846.40.  This was the low bid.  The other was from Roehr’s Machinery, Inc. for 152,959.00.  Don Panzer motioned to accept the engineer’s recommendation.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

Mr. Mitchell then requested Council’s direction on a request to make the alley running north and south between Douglas and Kansas Avenues one-way.  The direction would be north to allow traffic laws to be observed while depositing mail in the outside boxes located in the alley.  Council recommended researching the procedure to change the alley to one-way.

 

            Alan Stefek then motioned the Council enter Executive Session with the City Administrator, City Attorney and Chief of Police at 7:50 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 8:00 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 Executive Session at 7:50 P.M. and returned to open meeting at 8:00 P.M.  Alan Stefek then motioned the Council enter Executive Session with the City Administrator at 8:02 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 8:12 P.M.  The executive session is required to protect the privacy interests of an identifiable individual.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 8:02 P.M. and returned to open meeting at 8:12 P.M.  Alan Stefek then motioned the Council go into Executive Session with the City Administrator at 8:12 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 8:22 P.M.  The executive session is required to protect the privacy interests of an identifiable individual.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered Executive Session at 8:12 P.M. and returned to open meeting at 8:22 P.M.  No action was taken.

 

There being no further business on proper motion the meeting was adjourned until May 14, 2007.

 

 

 

                        Patti L. Booher

                        City Clerk