March, 2008 Minutes

March 10, 2008

 

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 Irene Pacey, Don Panzer, Alan Stefek, Mary Wires and Cole Worrell.

 

            Also in attendance were Jonathan Mitchell, City Administrator; David Smith Chief of Police; John Kerschner, W/S Superintendent; Rob Fillion, Smoky Hill Development Corporation; Virginia Boots, Ellsworth Council on Aging, Inc.; Sarah Steele, Gilmore and Bell; Jamie Hall and Greg Hansen, Great Plain Manufacturing, Inc. and Linda Denning, Ellsworth County Independent Reporter.

 

            Alan Stefek motioned to approve the consent agenda.  Irene Pacey seconded the motion.  When put to vote and all vote aye.  Motion carried.

 

            Virginia Boots, Director, Ellsworth Council on Aging, Inc. addressed the Council requesting funds for the continued operation and maintenance of the Ellsworth County Public Transportation.  After the completion of her presentation Council directed the City Administrator to review the budget to determine if funding is available.

 

            John Kerschner, Water/Sewer Superintendent, reported progress is being made on the plans for the Wastewater Treatment Plant.

 

            Mayor Homolka then opened a Public Hearing for the Issuance of Industrial Revenue Bonds for Great Plains Manufacturing, Inc.  Sarah Steele, Gilmore & Bell gave an overview of the Issuance and the required processes to complete the issuance.  Mayor Homolka then closed the hearing.

 

            The following ordinance was presented for Council action:

 

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

 

            Greg Hoffman, City Attorney, explained the legal description in the ordinance had been revised following a recent survey of the property.  Don Panzer motioned to approve the ordinance with the revised legal description.  Cole Worrell seconded the motion.  When put vote all vote aye.  Motion carried.  The Ordinance was numbered 2992.

 

            The following ordinance was next presented for Council action:

 

            AN ORDINANCE AUTHORIZING THE CITY OF ELLSWORTH, KANSAS TO ISSUE ITS INDUSTRIAL REVENUE BONDS, SERIES A, 2008 AND SERIES B, 2008 (GREAT PLAINS MANUFACTURING) IN THE AGGREGATE PRINCIPAL AMOUNT OF $4,000,000 FOR THE PURPOSE OF ACQUIRING, IMPROVING AND EQUIPPING AN EXISTING MANUFACTURING FACILITY; AUTHORIZING EXECUTION OF A TRUST INDENTURE (REAL ESTATE) BY AND BETWEEN THE CITY AND UMB BANK, N.A., KANSAS CITY, MISSOURI, AS TRUSTEE; AUTHORIZING EXECUTION OF A TRUST INDENTURE (EQUIPMENT) BY AND BETWEEN THE CITY AND UMB BANK, N.A., KANSAS CITY, MISSOURI, AS TRUSTEE; AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT (REAL ESTATE) BETWEEN SAID CITY, GE GOVERNMENT FINANCE, INC. AND GPM NO. 3, LLC; AUTHORIZING EXECUTION OF A LEASE AGREEMENT (EQUIPMENT) BETWEEN SAID CITY, GE GOVERNMENT FINANCE, INC. AND GREAT PLAINS MANUFACTURING, INCORPORATED; AUTHORIZING EXECUTION OF A TAX COMPLIANCE AGREEMENT BETWEEN THE CITY, GPM NO. 3, LLC AND UMB BANK, N.A.; AUTHORIZING EXECUTION OF A TAX COMPLIANCE AGREEMENT BETWEEN THE CITY, GREAT PLAINS MANUFACTURING, INCORPORATED, AND UMB BANK, N.A.A.; AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT FOR THE SERIES A, 2008 BONDS BY AND BETWEEN THE CITY, GPM NO. 3, LLC, AND GE GOVERNMENT FINANCE, INC., AS PURCHASER OF THE SERIES A, 2008 BONDS; AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT FOR THE SERIES B, 2005 BONDS BY AND BETWEEN THE CITY, GREAT PLAINS MANUFACTURING, INCORPORATED, AND GE GOVERNMENT FINANCE, INC., AS PURCHASER OF THE SERIES B, 2008 BOND; AUTHORIZING THE EXECUTION OF ADDITIONAL DOCUMENTS NECESSARY OR DESIRABLE TO EFFECT THE TRANSACTION CONTEMPLATED HEREBY.

 

            Alan Stefek motioned to approve the ordinance.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.  The ordinance was then numbered 2993.

 

            Don Panzer inquired if the shelter house being constructed at Krizek Park would be ADA compliant.  Mr. Panzer also indicated the Horst-Reiter Trust should be contacted to request they fund the expense of placing a sidewalk from the shelter to the restrooms.  Mr. Panzer also recommended plaques be placed on properties funded by local trusts acknowledging their participation in the projects.

 

            Don Panzer then reported he had been contacted by Annette Bourne on behalf of the Ellsworth County Arts Council inquiring if the City budget included an annual disbursement for them.  The Clerk explained $5000 was budgeted in 2006.  The Arts Council did not request disbursement of the funds and it included in the carryover from the 2006 Budget.  No funds had been since budgeted for the Arts Council.

 

            Alan Stefek requested action be taken to ensure speeding be curtailed on Webb Street.  Suggestions were given to resolve the problem.  The Chief of Police will monitor the situation.

 

            Cole Worrell requested the Police Department be more diligent in traffic enforcement on Evans Street near St. Francis Boys Home.

 

            Jonathan Mitchell, City Administrator reported he had met with the Downtown Beautification Committee and it is their recommendation a master plan be completed prior to the changing of any parking stalls in the downtown area.

 

            Mr. Mitchell also informed Council a pre-construction meeting for the TDD is scheduled for March 20^th and the Ellsworth County Commissioners had approved the Neighborhood Revitalization Plan for the County and a copy of the plan will be presented at the next meeting for Council action.

 

            Don Panzer then motioned Council go into Executive Session with the City Administrator, Clerk and Recreation Director at 8:14 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 8:24 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 8:14 P.M. and returned to open meeting at 8:24 P.M.  Cole Worrell motioned to go into Executive Session with the City Administrator at 8:28 P.M. for the purpose of discussing preliminary matters relating to the acquisition of real property and that the Council return to open meeting at 8:38 P.M.  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 into Executive Session at 8:28 P.M. and returned to open meeting at 8:38 P.M.  No action was taken.

 

            There being no further business on proper motion the meeting was recessed until March 24, 2008 at 7:00 P.M.

 

 

 

 

                        Patti L. Booher

                        City Clerk

March 24, 2008

 

            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 Alan Stefek called the meeting to order.  Council members present were Irene Pacey, Don Panzer, Mary Wires and Cole Worrell.

 

            Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; John Kerschner, Water/Sewer Superintendent; Shawn Harding, EMC Insurance; Linda Denning, Ellsworth County Independent Reporter and Rosalie, Randy and Marie Ranker.

 

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

 

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

 

            Cole Worrell then motioned Council enter Executive Session with the City Administrator, City Attorney, Water/Sewer Superintendent and Shawn Harding, Claims Adjustor, EMC Insurance at 7:05 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 return to open meeting at 7:20 P.M.  Irene Pacey seconded the motion.  The executive session is required to protect the attorney-client privilege, and the public interest.  When put to vote all vote aye.  Motion carried.

 

            Council entered executive session at 7:05 P.M. and returned to recessed session at 7:20 P.M.  Don Panzer then motioned Council enter Executive Session with the City Administrator, City Attorney, Water/Sewer Superintendent and Shawn Harding, Claims Adjustor, EMC Insurance at 7:20 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 return to open meeting at 7:30 P.M.  Irene Pacey seconded the motion.  The executive session is required to protect the attorney-client privilege, and the public interest.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 7:20 P.M. and returned to recessed meeting at 7:30 P.M.  Mary Wires then motioned Council enter Executive Session with the City Administrator, City Attorney, Water/Sewer Superintendent and Shawn Harding, Claims Adjustor, EMC Insurance at 7:30 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 return to open meeting at 7:40 P.M.  Cole Worrell seconded the motion.  The executive session is required to protect the attorney-client privilege, and the public interest.  When put to vote all vote aye.  Motion carried.

 

 

 

            Council entered into Executive Session at 7:30 P.M. and returned to recessed meeting at 7:40 P.M.  At this time Ronnie Tenbrink, Recreation Director; Ken Arnhold, Superintendent of U.S.D. #327; Rob Fillion, Director, Smoky Hill Development Corporation; Lonnie Soukup, Brooke Insurance and Annette Bourne, Ellsworth Area Arts Council arrived at the meeting.

 

            Randy Ranker addressed Council voicing his displeasure with the City’s response to a sewer backup at his mother’s home at 1002 Prospect Street.  Rosalie and Marie also addressed the Council.  Shawn Harding explained the City was not negligent in the maintenance of the City’s sewer lines and therefore was not liable for the expense Mrs. Ranker incurred due to the backup.  After further discussion Mr. Harding agreed to review the claim.

 

            Annette Bourne, Ellsworth Area Arts Council, requested guidance from the Council as to proper procedure the Arts Council would need to follow to be considered for funding in future budgets.  The Administrator recommended the Arts Council submit a request each May.  If funding is approved the Arts Council will need request disbursement in January of the budget year.

 

            Jonathan Mitchell, City Administrator, reported a pre-construction meeting for the TDD project was held and temporary access to Foster Drive has been requested from KDOT.  Construction is estimated to begin in early May and be completed within 2½ months.

 

            Rob Fillion, Director, Smoky Hill Development Corporation, informed Council the County Commissioners had approved the Neighborhood Revitalization Interlocal Agreement.  Mr. Fillion reviewed the program.  Council tabled the agreement until the April 14^th meeting.

 

            Don Panzer motioned to authorize the Mayor to sign the Deed to the property known as Ellsworth Family Connections Center, the Right of First Refusal Agreement and Real Estate Agreement with the Board of the Center.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Lonnie Soukup, Brooke Insurance, reviewed quotes for City Insurance Coverage.  After reviewing the quotes Alan Stefek motioned to renew the insurance with EMC Insurance.  Cole Worrell seconded the motion.  When put to vote Pacey, Stefek, Wire and Worrell vote yea.  Panzer votes nay.  Motion carried.

 

            Cole Worrell motioned to authorize the City Administrator to sign the EPA Special Infrastructure Grant Application.  Mary Wires seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Alan Stefek then motioned to authorize the City Administrator it sign the Airport Parking Lot Rehabilitation Scope of Services Agreement with HWS.  Don Panzer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Ken Arnhold, Superintendent, U.S.D. #327, addressed the Council and spoke in favor of working with the City to consider the option of creating a Recreation Commission.  Council agreed to meet with the U.S.D. #327 Board Members when further information concerning Recreation Commissions is available.

 

            John Kerschner, Water Sewer Superintendent reported progress continues to be made in regards to the design phase of the WWTP.

 

            Don Panzer apologized to John Kerschner for the lack of support he received from the insurance adjustor during the Ranker’s questioning of City liability for the sewer backup.  Mr. Panzer then moved to the podium to address City Council.  Mr. Panzer read a letter of resignation effective immediately.

 

            Cole Worrell requested the City Administrator contact Tom Renard in regards to placing the proposed new cart sheds further to the east than originally reported.  After reviewing the original site Mr. Renard determined placement of the sheds would cause a drainage issue.  Mr. Renard is willing to place a 12” culvert in the drainage area and cover it to allow cart access to the new sheds.  Mr. Mitchell will follow up on the request.

 

            Alan Stefek requested the City change the Water/Sewer tap waiver given on new houses be readdressed in consideration of the proposed revitalization plan.  Mr. Stefek stated he believed at the least the City should require the homes be inhabited by the builder, not built for profit.  Mr. Mitchell will review the policy.

 

            Mr. Stefek next inquired when the “Children Playing” signs would be placed on Webb Street.  The Administrator reported the signs are ordered and will be placed on Webb Street as soon as they arrive.

 

            Mr. Stefek then inquired if “Spring Cleanup” had been scheduled.  Mr. Mitchell reported Slechta Enterprises did not have dumpsters available for this purpose.  Mr. Stefek recommended checking for another provider.

 

            Jonathan Mitchell next reminded Council all non-essential City offices would be closed March 28 for the all-employee retreat.  Mr. Mitchell also informed Council of upcoming dates he would be attending training.

 

            Mr. Mitchell then reported he is preparing an Assistance to Firefighters Grant for a cascade system.  He is also preparing grant paperwork for an environmental assessment at the Municipal Airport.

 

            The next item Mr. Mitchell had for Council action was a counter-offer from Western Cooperative Electric Company of $5,000 for City property located south of the Ellsworth Coop and north of the Rolling Hills pole lot.  Cole Worrell motioned to authorize the City Administrator to negotiate with Western Cooperative Electric Company for the purchase of the requested area to include Western Cooperative Electric Company be responsible for all cost associated with the sale.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Mr. Stefek abstained from voting.

 

            Cole Worrell then motioned Council enter Executive Session with the City Administrator, City Attorney, Water/Sewer Superintendent at 9:25 P.M. for the purpose of preliminary discussion relating to the acquisition of real property and that the Council return to open meeting at 9:30 P.M.  Mary Wires seconded the motion.  The executive session is required to protect the city’s financial interest and bargaining position.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 9:25 P.M. and returned to recessed meeting at 9:30 P.M.  Cole Worrell then motioned Council enter Executive Session with the City Administrator at 9:30 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 9:35 P.M.  Mary Wires seconded the motion.  The executive session is required to protect the privacy interests of an identifiable individual.  When put to vote all vote aye.  Motion carried.

 

            Council entered into Executive Session at 9:30 P.M. and returned to recessed meeting at 9:35 P.M.  No action was taken.

 

            There being no further business on proper motion the meeting was adjourned until April 14, 2008 at 7:00 P.M.

 

 

 

                        Patti L. Booher

                        City Clerk