September, 2008 Minutes

September 8, 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, Alan Stefek, Mary Wires and Cole Worrell.  One Council seat is vacant.

 

            Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; David Smith, Chief of Police; John Kerschner, Water/Sewer Superintendent; Linda Denning, Ellsworth County Independent Reporter; Kurt Williams, Terry Kepka, Dave Brownback, and Mark Roehrman, Downtown Beautification Task Force; John Whitmer and Sharon Haverkamp.

 

            Mary Wires motioned to approve the consent agenda consisting of the minutes of the August 25, 2008 meeting and Claims Ordinance #A01-0808.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Dave Brownback addressed the Council on behalf of the Downtown Beautification Task Force.  A preliminary sketch of the proposed improvement was presented to Council.  The improvements include trees being placed within the district.  Ordinance #2875 prohibits trees being planted in City easements or right-of ways.  Also at issue was the maintenance of the trees at the completion of the project.

 

            Mr. Brownback further explained the committee has considered several types of trees.  After review they have chosen a tree that will grow to approximately the height of a one-story building.  An irrigation system is also included in the proposed improvements.

 

            William Morris of William Morris Associates arrived at the meeting at 7:40 P.M.  Mr. Morris answered specific questions concerning the type of barrier utilized to keep the roots of the trees from harming infrastructure and the sidewalks and maintenance of the district when completed.  Following lengthy discussion the committee confirmed the City would be responsible for the care of the trees.

 

            Virginia Boots and Eleanor Hunter, ECCA arrived at the meeting at 7:55 P.M.

 

            Eleanor Hunter, ECCA read a letter of appreciation from the Board of Directors of ECCA for a monetary donation from the City.

 

            Chief of Police David Smith introduced new Patrol Officer David Tudor.  Chief Smith gave a brief background of Mr. Tudor’s law enforcement experience.

 

            Jonathan Mitchell, City Administrator reported the parking lot at the airport is sustainably complete, the AWOS installation has been slightly stalled due to wet weather and progress continues on the TDD Project.  There are 15 work days remaining for the project.

 

            Mr. Mitchell also noted Ron Tenbrink, Recreation Director, was in favor of the Frisbee Golf Course.  Mr. Tenbrink indicated the addition would compliment the Recreation Master Plan.

 

            The Clerk explained she had not properly reviewed the National Drover’s Hall of Fame Cereal Malt Beverage License prior to approval at the August 25, 2008 meeting.  Mark Roehrman explained the “Beer Garden” will be held on City property located at Cowtown Park.  Mr. Roehrman previously visited with the Chief of Police and all known safety issues have been addressed.  Alan Stefek motioned to approve the renewal.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            John Whitmer then read aloud and signed a Loyalty Oath and took his seat on the Council.

 

            The 2007 Audit was tabled until the August 22^nd meeting.

 

            The following ordinance was presented for 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 2008.

 

            Alan Stefek motioned to approve the ordinance.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.  The ordinance was numbered 2995.

 

            The following ordinance was presented for 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 2008, PROVIDING CERTAIN PENALTIES AND REPEALING ORDINANCE NUMBERED 2990.

 

            Cole Worrell motioned to approve the ordinance.  Mary Wires seconded the motion.  When put to vote all vote aye.  Motion carried.  The ordinance was numbered 2996.

 

            Alan Stefek made the following League of Kansas Municipalities delegate nominations:  Voting delegates Robert Homolka and Jonathan Mitchell, with alternate delegates Irene Pacey and David Smith.  Cole Worrell seconded the nominations.  When put to vote all vote aye.  Motion carried.

 

            Irene Pacey reported the crosswalk signal is not working properly.  The Street Superintendent has checked the signal and did not find any problems.  The Administrator will notify him to observe the signal again for malfunction.

 

            Alan Stefek requested consideration to lowering the speed limit to 20 mph unless otherwise posted within the City.  He continues to receive requests for “Children At Play” signs.

 

            Cole Worrell requested the new owners of the properties at First Street and Colorado Avenue be contacted to determine a time frame for demolition.  Mr. Mitchell will contact the property owners.  Mr. Stefek recommended contacting Don Lyne concerning the process being made on a residential unit he is demolishing.

 

            Mary Wires inquired if a Building Permit is required to repair/replace roofs.  Mr. Mitchell explained a permit is required, but no fee is charged.

 

            Mr. Mitchell informed Council the Golf Course web-site has been completed and can be accessed by a link on the City’s home page.  Mr. Mitchell presented bids for mowers.  Alan Stefek motioned to accept the bid of $70,000 plus fuel surcharge for 2 Groundsmaster 4100Ds from TPEC.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Mr. Mitchell next presented bids for the Self-serve Fueling Basic Credit Card Terminal.  After reviewing the bids and equipment specifications Cole Worrell motioned to accept the bid from P.B. Hoidale Company, Inc. in an amount of $14,087.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Mr. Mitchell then requested Council approval to seek bids for repairs of various roofs on City owned buildings that were damaged during a hail storm.  Council gave their approval.

 

            Alan Stefek motioned Council enter Executive Session at 8:50 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 8:55 P.M.  Irene Pacey 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 8:50 P.M. and returned to regular meeting at 8:55 P.M.  John Whitmer motioned to approve a merit increase for the Jim Beauchamp to step 9 for Water Department Distribution Foreman on the City of Ellsworth Pay Plan.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.

 

Alan Stefek motioned Council enter Executive Session at 9:00 P.M. with the City Administrator for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 9:10 P.M.  John Whitmer 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 9:00 P.M. and returned to regular meeting at 9:10 P.M.  Alan Stefek motioned to approve a merit increase for Jonathan Mitchell to step 4 for City Administrator on the City of Ellsworth Pay Plan.  Irene Pacey 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 22, 2008 at 7:00 P.M.

 

 

 

                        Patti L. Booher

                        City Clerk

 

 

 

September 22, 2008

 

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

 

Mayor Robert Homolka called the meeting to order.  Council members present were Irene Pacey, Alan Stefek, John Whitmer, Mary Wires and Cole Worrell.

 

Also in attendance were Jonathan Mitchell, City Administrator; Greg Hoffman, Assistant City Attorney; David Smith, Chief of Police; John Kerschner, Water/Sewer Superintendent; Linda Denning, Ellsworth County Independent Reporter; Alan and Connie Falk; Max and Carol Tanton; George Hysong; Charles and Margaret Strouse; Sharon Haverkamp; Curt Glaser; Dean Choitz; and Kevin Kennedy.

 

            There were no customers in attendance to request an extension for Water/Sewer terminations.  The Deputy Clerk presented written requests from Richard Watson for an extension until October 3^rd Betty Behlmer until September 26^th. Irene Pacey motioned to approve the requests.  Alan Stefek seconded the motion.  When put to vote all vote aye. Motion carried.

 

            Cole Worrell motioned to approve the consent agenda consisting of the minutes of September 8, 2008 meeting.  John Whitmer seconded the motion.  When put to vote and all vote aye. Motion carried.

 

            Dean Choitz asked the Council about changing the one way Street at Eleventh and Colorado which runs by the Ellsworth Municipal Swimming Pool back to a two-way Street. It is very inconvenient for him and his family. Chief Smith advised it was made a one way street because of safety issue with children running across the street during the pool season. Council took no action on request.

 

            Dean Choitz would like to see the Fireworks location changed to the Ellsworth Municipal Golf Course instead of the Recreation Center.

 

            Dean Choitz left at 7:10 P.M.

 

            Carol Tanton informed the Council about the concrete sludge at 13^th and State Street from Ellsworth Ready-Mix and also the concrete dust.  Council advised Chief Smith to check into this because it would fall under the nuisance ordinance.

 

            Carol Tanton would like to thank the City for installing the railing at Krizek Park.

 

George Hysong advised Council he is aware of his dilapidated house at Colorado & First Street; he would like the City to find a grant to help pay to take it down.

 

            Sharon Haverkamp would like something done with the CK Mill’s broken windows.

           

            Carol Tanton has a dog running at large complaint.               

 

Carol and Max Tanton left at 7:35 P.M.

 

            Jonathan Mitchell, City Administrator reported on the Downtown Streetscape tree issue.  The plan has 69 trees and 24 planters’, there will be a tree or planter every 50ft.  We will lose 10 percent of the trees right away, every 10 to 15 years they will need to be removed and new ones installed plus fix the bricks or concrete which is around the trees.  

If the City goes with trees and planters it will take an additional full time employee, who has knowledge about trees, and their own fund which will need at least 4 mills to fund it. The City might be able to have FFA or Mosaic take care them. Mr. Mitchell also invited the Council Members to come with on Friday to see Lyons Streetscape.

 

            Mr. Mitchell reported the AWOS base has been poured and the electrical has been run to it, the parking lot at the airport has been completed; Pavers Inc. has 6 working days to complete the TDD Project before they are penalized $600 a day.  There is 2 to 3 weeks of work left on the project.

 

            Alan Stefek motioned to approve the 2007 Audit. Irene Pacey seconded the motion.  When put to vote all vote aye. Motion carried.

 

            Cole Worrell next motioned to approve the Pay Request #4 for Pavers, Inc.  Alan Stefek seconded the motion.  When put to vote all vote aye.  Motion carried.  The request will be forwarded to Citizens State Bank for payment.

 

            The following ordinance was next 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.

 

            Curt Glaser informed the Council that by changing the zoning on this property from R2 to C1 would then allow a strip mall to be built. Discussion then followed.  Kevin Kennedy voiced a concern with extra traffic on Aylward Ave. and how will this effect Downtown. 

 

Cole Worrell motioned to approve the ordinance.  Irene Pacey seconded the motion.  When put to vote Pacey, Whitmer and Worrell vote aye.  Stefek and Wires vote nay.  Motion carried.

 

            Curt Glaser left at 8:15 P.M.

 

            David Smith, Chief of Police informed the Council of the Grade School concerns with people driving around busses instead of stopping.  Chief and Eugene Ranker have decided to have the Crossing Guards put out traffic cones in the crosswalk 15 minutes till 8 A.M. and 15 minutes after 3 P.M. to eliminate traffic on Lincoln Ave. between 3^rd and 4^th Street. Chief also rearranged the no parking zone on Lincoln Ave. also to help residents and the school.  Chief would like the Council to consider doing something about parking RV’s and long trailers on city streets for long periods of time.

 

            Irene Pacey inquired as to what the Street Superintendent found out about the Cross Walk Signals.  She was informed the signals only work when you push the button, they will not change automatically.

            Greg Hoffman, Assistant City Attorney advised we should not give Pavers Inc. any additional days and enforce the contract by sending them a letter telling them we will collect damages.

 

            Mr. Mitchell informed the Council, Ellsworth has the oldest and longest running Kansas Geological Survey measuring gauge which will be recognized on September 27, 2008 at 11a.m. at the Smoky Hill River Bridge. Mayor Homolka will be attending the dedication.

 

            Alan Stefek then motioned Council Enter Executive Session with the Water/Sewer Superintendent; City Administrator and Assistant City Attorney at 8:35 P.M. for the purpose of preliminary matters involving discussions relating to the acquisition of real property and the council return to the open meeting at 8:45 P.M.  Cole Worrell seconded the motion.  The executive session is required to protect the cities financial interest and bargaining position. When put to vote all vote aye. Motion carried.

 

            Council entered into Executive Session at 8:35 P.M. and returned to recessed meeting at 8:45 P.M. Cole Worrell then motioned Council enter Executive Session with the City Administrator at 8:47 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to the open meeting at 8:52 P.M.  John Whitmer 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 in Executive Session at 8:47 P.M. and returned to recessed meeting at 8:52 P.M.  John Whitmer motioned to approve merit increases for the City Clerk to step 5 and the Street Superintendent to step 6 on the City of Ellsworth Pay Plan.  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 October 13, 2008 at 7:00 P.M.

 

                        Angela Mueller

                        Deputy City Clerk/Treasurer