August, 2009 Minutes
August 10, 2009
The Ellsworth City Council held a Public Hearing to receive comments and answer questions regarding the 2010 Proposed Budget on the above date at 6:45 P.M. in the Council Chambers of City Hall.
Mayor Stephen Bahan opened the hearing at 6:45 P.M. The following Council members were present Irene Pacey, Alan Stefek, John Whitmer, Mary Wires and Cole Worrell.
Also in attendance were Timothy Vandall, City Administrator; Linda Denning, Ellsworth County Independent Reporter; David Smith, Chief of Police.
Kermit Rush, Ellsworth County Commissioner arrived at 6:48 P.M.
John Kerschner, Water/Sewer Supt. arrived at 6:52 P.M.
Carey Hipp, City Attorney and Sharon Haverkamp arrived at 6:54 P.M.
There were no citizens present having questions in regards to the 2010 Budget. The Mayor closed the hearing at 6:55 P.M.
Angela Mueller
Deputy City Clerk
August 10, 2009
The Ellsworth City Council held a Public Hearing to receive comments and answer questions regarding the Nuisance and Abatement at 122 & 122 ½ S. Lincoln Ave. for Hugh Morrison on the above date at 6:55 P.M in the Council Chambers of City Hall.
Mayor Stephen Bahan opened the hearing at 6:55 P.M. The following Council members were present Irene Pacey, Alan Stefek, John Whitmer, Mary Wires and Cole Worrell.
Also in attendance were Timothy Vandall, City Administrator; Linda Denning, Ellsworth County Independent Reporter; David Smith, Chief of Police; Kermit Rush, Ellsworth County Commissioner; John Kerschner, Water/Sewer Supt.; Carey Hipp, City Attorney and Sharon Haverkamp.
Council member Irene Pacey had several questions concerning this property. Chief Smith then informed the Council on the condition of the property. Mrs. Pacey asked how the City will recoup the money spent on the property. City Attorney informed her it will be put on the tax roll, but no guarantee of getting reimbursed.
Don Cikanek arrived at 6:58 P.M
Harold Waymaster arrived at 7:02 P.M.
The owner, Hugh Morrison was not present in regards to his property. The Mayor closed the hearing at 7:05 P.M.
Angela Mueller
Deputy City Clerk
August 10, 2009
The Ellsworth City Council met in regular session on the above date at 7:10 P.M. in the Council Chambers at City Hall.
Mayor Stephen Bahan called the meeting to order. Council members present were Irene Pacey, Alan Stefek, John Whitmer, Mary Wires and Cole Worrell.
Also in attendance were Timothy Vandall, City Administrator; David Smith, Chief of Police; John Kerschner, Water/Sewer Supt.; Linda Denning, Ellsworth County Independent Reporter; Kermit Rush, Ellsworth County Commissioner; Carey Hipp, City Attorney; Sharon Haverkamp; Don Cikanek; and Harold Waymaster.
Alan Stefek motioned to approve the consent agenda consisting of Claims Ordinance #A01-0709 and Minutes of the July 27, 2009 meeting with corrections. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.
Don Cikanek would like the Council to grant him a thirty day extension on the removal of his many cars and boats. He has received a 30 day letter and a 10 day notice from the Police Department concerning the matter. Alan Stefek made a motion to grant Don Cikanek a thirty day extension on the removal of the inoperable vehicles and water craft. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.
Kermit Rush was at the meeting for the opening of the bids for the Downtown Streetscape project. Timothy Vandall, City Administrator stated the bid letting was this afternoon at 2:00 P.M. and he will be giving a report shortly to the City Council.
Harold Waymaster asked the City Council and City Attorney about who would be responsible for paying the property tax on a property which they own but is letting someone else build on the property. Would the owner or builder be responsible for the taxes? City Attorney and City Council advised him it would be the property owner.
Timothy Vandall reported the Downtown Streetscape project bid letting was a success. The low bid for the project was under estimation, so we will be able to get cast iron light poles, sound system & extra curbing for downtown if the State of Kansas approves. Irene Pacey made a motion to approve Heartstone, Inc. as the contractor for the Downtown Streetscape project. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.
John Kerschner, Water/Sewer Supt. reported on the Waste Water Treatment Plant project. They have finished the small pond and are working on the aerated lagoon system and main sewer lift station. A change order was requested because of extra sludge in the aerated lagoon which required extra hauling. At this time the project is keeping close to schedule.
Cole Worrell motioned to approve the 2010 Budget. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.
Timothy Vandall then reported the County consulted with a firm to develop an Emergency Operation Plan and is asking the Council to adopt it also by approving the following resolution.
Irene Pacey motioned to approve the following resolution:
A RESOLUTION OF THE COUNCIL OF THE CITY OF ELLSWORTH STATING THAT IT IS THE AUTHORITY’S COMMITMENT TO APPROVE AND ADOPT THE MULTI-JURISDICITIONAL NATURAL HAZARD MITIGATION PLAN INCLUDING ALL STATE AND FEMA REQUIREMENTS IN COMPLIANCE WITH FEMA STANDARDS AND GUIDELINES.
Cole Worrell seconded the motion. When put to vote all vote aye. Motion
carried. The resolution was numbered 10-0809A
Timothy Vandall then informed the Council the next resolution is to allow Piper Jaffray & Co. to sell temporary notes for the Downtown Streetscape project.
Irene Pacey motioned to approve the following resolution:
A RESOLUTION AUTHORIZING THE OFFERING FOR SALE OF GENERAL OBLIGATION TEMPORARY NOTES, SERIES 2009, OF THE CITY OF ELLSWORTH, KANSAS.
Mary Wires seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 10-0809B.
Alan Stefek motioned to approve the following resolution:
A RESOLUTION FINDING THAT THE STRUCTURES LOCATED AT LOST FORTY-FIRE (45) AND FORTY-SIX (46), IN BLOCK THIRTY (30), IN THE ORIGINAL CITY OF ELLSWORTH, ELLSWORTH COUNTY, KANSAS, COMMONLY KNOWN AND REFERRED TO AS 122 S. LINCOLN STREET AND 122 ½ S. LINCOLN STREET, ELLSWORTH, KANSAS INCLUDING A SKYLINE-GEER MOBILE HOME, SERIAL NUMBER 30402 AND CERTIFICATE NUMBER C07024, ARE UNSAFE OR DANGEROUS AND DIRECTING THAT THE STRUCTURES BE REMOVED AND THE PREMISES MADE SAFE AND SECURE.
Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 10-0809C.
David Smith reported the police department has a car in need of repair which could cost in excess of $1000.00. He informed the Council he has been working on the 61 houses with no addresses and now 23 out of the 61 are in compliance.
John Kerschner W/S Supt. informed the Council that the City of Ellsworth is required to become a Dig Safe member. John will be talking with Alan Stefek, Western Cooperative Electric, and Stephen Bahan, Rolling Hills Electric Cooperative concerning which tier would work best for the City. More information about joining Dig Safe is in the July 2009 issue of the Kansas Government Journal Pg. 199.
Timothy Vandall informed the Council he has visited with Jim Zamrzla, Street Supt. about having the detail crew repaint the street signs after summer mowing. When we buy new street signs the suppliers are aware of any new regulations. We will also be painting fire hydrants.
Timothy Vandall advised the Council he did more research on doing a Community Satisfaction Survey. Most of these surveys are contracted out and will probably exceed $8,000, which is very expensive for a survey.
The airport fly-in had 26 airplanes which is lower than expected, also noted the revenue is down. Construction should begin in mid-September on the Apron Rehabilitation project and should be done in early November. This project will allow larger aircraft to come into the airport.
Timothy Vandall then reminded the Council there will be a Golf Advisory Board meeting on August 17th at 6 P.M. Some of the issues which will be discussed are the cart sheds and the driving range. He informed the Council he has been working with Carey Hipp, City Attorney on the abandon houses around the City. They are trying to determine which houses should be considered dangerous.
The street department is working on curb and guttering on Paul Lane, 11th Street in front of the High School, and Lincoln Ave by Coach & Four Bowling. In the near future they will be working on Stanberry & 10th Street by the Immanuel Lutheran Church.
Timothy Vandall informed the Council he is currently looking at different options for medical, liability and general insurance. In Timothy’s letter which was in the Council packet reported the golf course revenues are up but actual some are not. Timothy clarified his letter by explaining he was focusing on the revenue from green fees not seasonal passes which are down.
Kermit Rush wanted to report some bushes needed to be trimmed at Lincoln and Second St. Tim informed Mr. Rush, the real estate agent has been contacted for this property and she contacted the owner. Tim advised the bushes were not over the fence, but would take another look.
Alan Stefek motioned Council enter Executive Session with the City Administrator at 8:00 P.M. for the purpose of discussing non-elected personnel and the Council return to open session at 8:15 P.M. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.
Council entered Executive Session at 8:00 P.M. and returned to recessed meeting at 8:15 P.M. John Whitmer motioned to a approve merit increases for Alan Waymaster from Step 6.0 to Step 7.0, Clayton Zelenka from Step 7.0 to Step 8.0, and Tony Svaty from Step 8.0 to 9.0 on the City of Ellsworth approved 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 August 24, 2009.
Angela Mueller
Deputy City Clerk
July 27, 2009
The Ellsworth City Council met in recessed session on the above date at 7:00 P.M. in the Council Chambers at City Hall.
Mayor Stephen Bahan called the meeting to order. Council members present were Irene Pacey, Alan Stefek, John Whitmer, Mary Wires and Cole Worrell.
Also in attendance were Timothy Vandall, City Administrator; Carey Hipp, City Attorney; Jon Halbgewachs and David Cranston, Kirkham-Michael Engineering and Linda Denning, Ellsworth County Independent Reporter.
The Clerk presented several requests for extensions for Water/Sewer terminations. Irene Pacey motioned to approve the extensions. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.
Timothy Vandall, City Administrator, reviewed the Project Board. Updates reported included construction beginning on the sign in the Transportation Development District and improvements to the apron at the airport will begin shortly. Individuals utilizing the airport have been advised to purchase fuel prior to the construction beginning as the fuel pump may be inaccessible during the construction.
Mr. Vandall also reported the State had given final approval of the design and contractor and has issued a “Notice to Proceed” for the Downtown Streetscape. In addition a contract has been received for the contractor for the Downtown Streetscape. The State has committed $495,822 for the project. It is unknown if the State will increase this amount if the project costs are higher.
Jon Halbgewachs and David Cranston, Kirkham-Michael Engineering reviewed construction progress at the WWTP. Modifications and change orders were discussed with Council.
Kevin Cowan, Gilmore & Bell, arrived at the meeting at 7:15 p.m.
Mr. Vandall then requested Council approve a contract between Heartstone, Inc. and the City of Ellsworth. The contract is for construction in the Downtown Streetscape area. Irene Pacey motioned to approve the contract with Heartstone, Inc. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.
The following resolution was presented for Council action:
A RESOLUTION AUTHORIZING AND DIRECTING THE ISSUANCE, SALE AND DELIVERY OF $1,000,000* PRINCIPAL AMOUNT OF GENERAL OBLIGATION TEMPORARY NOTES, SERIES 2009, OF THE CITY OF ELLSWORTH, KANSAS; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX, IF NECESSARY, FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND THE INTEREST ON SAID NOTES AS THEY BECOME DUE; MAKING CERTAIN COVENANTS AND AGREEMENTS TO PROVIDE FOR THE PAYMENT AND SECURITY THEREOF; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS CONNECTED THEREWITH.
Kevin Cowan, Gilmore & Bell reviewed the resolution along with the Final Financing Analysis provided by PiperJaffray. Cole Worrell motioned to approve the resolution. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 24-0809A.
Alan Stefek motioned to appoint Stephen Bahan and Timothy Vandall as voting delegates and Irene Pacey and Patti Booher as alternate voting delegates for the League of Kansas Municipalities Annual Conference. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.
The following ordinance was presented for Council action:
AN ORDINANCE REGULATING PUBLIC OFFENSES WITHIN THE CORPORATE LIMITS OF THE CITY OF ELLSWORTH, KANSAS; INCORPORATING BY REFERENCE THE “UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES” EDITION OF 2009.
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 3003.
The following ordinance was presented for Council action:
AN ORDINANCE REGULATING TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF ELLSWORTH, KANSAS; INCORPORATING BY REFERENCE THE “STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES,” EDITION 2009, PROVIDING CERTAIN PENALTIES AND REPEALING ORDINANCE NUMBERED 2996.
Irene Pacey motioned to approve the ordinance. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 3004.
Mayor Bahan reported he had been advised by a citizen the bridge on 4th Street between Douglas and Lincoln Avenues over an abandoned sewer line is in need of repair. Mr. Vandall will contact the Street Superintendent to advise him of the problem.
Alan Stefek inquired if the City has enrolled in Kansas One Call. Mr. Vandall advised currently the City is not enrolled.
Mr. Vandall then reported Safety Training will be re-implemented to improve the annual rating with KMIT, the City’s Workers Compensation carrier. Other measures to improve the rating would include pre-employment physicals and drug screening along with random drug screening of current employees.
An energy audit is scheduled for the near future for City facilities. Mr. Vandall also gave an overview of recreation programs for fall. Mr. Vandall next reminded Council a Streetscape meeting will be held August 25th at 7:00 P.M.
Mr. Stefek requested additional information concerning cart sheds at the Golf Course. Mr. Vandall reported the City would be purchasing the sheds from the current owners and leasing them back to the cart owner. Individuals would no longer own the sheds, the City would retain ownership.
Mr. Worrell stated he understood the arrangement differently. The City would not be purchasing the buildings at this time. In the future the City will have the opportunity to purchase the sheds. No monetary value has been set for each shed, regardless of size.
There being no further business on proper motion the meeting was adjourned until September 14, 2009.
Patti L. Booher
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