September, 2009

September 14, 2009

 

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 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 Superintendent; Linda Denning, Ellsworth County Independent Reporter; Deena Duesburg, Mosaic and Don Cikanek.

 

            Cole Worrell motioned to approve the consent agenda consisting of Claims Ordinance #A01-0809 and minutes of the August 24, 2009 meeting.  John Whitmer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Deena Duesburg, Mosaic addressed Council requesting discounted greens fees for Mosaic’s upcoming tournament.  Following discussion Cole Worrell motioned to donate $250.00 to Mosaic in lieu of discounting greens fees.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Don Cikanek requested an extension to remove inoperable vehicles and motor boats from his property.  Council agreed to allow Mr. Cikanek 30 additional days.

 

            Timothy Vandall, City Administrator, reported the Downtown Streetscape had begun.  There may be some inconveniences during construction but every effort will be made to accommodate businesses and their customers.  It is currently anticipated the project will be completed ahead of schedule.  Mr. Vandall then reported work on the airport apron had also begun.

 

            Mr. Vandall next reported the Comprehensive Development Plan is approximately 75% complete.  John Kerschner, Water/Sewer Superintendent informed Council progress continues to be made at the WWTP despite the wet weather.

 

            The following ordinance was presented for Council action:

 

            BEING AN ORDINANCE AMENDING THE CODE OF THE CITY OF ELLSWORTH  TITLE 12 STREET, SIDEWALKS AND PUBLIC PLACES, CHAPTER 12.28 REMOVAL OF DANGEROUS TREES OR OBJECTS.

 

            Irene Pacey motioned to approve the ordinance.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.  The ordinance was numbered 3005.

 

            Then the following ordinance was presented for Council action:

 

            AN ORDINANCE AUTHORIZING AND DIRECTING THE REMOVAL OF CERTAIN UNSAFE AND DANGEROUS STRUCTURES LOCATED AT LOTS FORTY-FIVE (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 122-1/2 S. LINCOLN STREET, ELLSWORTH, KANSAS AND INCLUDING A SKYLINE-GEER MOBILE HOME, SERIAL NUMBER 30402 AND CERTIFICATE NUMBER C07024; AUTHORIZING THE FINANCING OF THE COSTS OF SUCH REMOVAL BY THE SALE OR SALVAGE FROM SUCH STRUCTURE, IF ANY, AND/OR FROM THE GENERAL FUND OF THE CITY; AND, THE LEVYING OF SPECIAL ASSESSMENTS AGAINST THE LOTS OR PARCELS OF LAND ON WHICH SUCH STRUCTURES ARE LOCATED.

 

            Alan Stefek motioned approve the ordinance.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.  The ordinance was numbered 3006.

 

            Irene Pacey motioned to approve Pay Estimate #3 – APAC-Kansas, Inc., Shears Division.  John Whitmer seconded the motion.  When put to vote all vote aye.

 

            Cole Worrell motioned to approve the request for a Beer Garden in Cowtown Plaza on September 26, 2009.  John Whitmer seconded the motion.  When put to vote all vote aye.  Motion carried.  A Cereal Malt Beverage License was then presented for National Drover’s Hall of Fame Association.  John Whitmer motioned to approve the license.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Mr. Kerschner explained to Council the reasons for Change Order #1 from APAC-Kansas, Inc., Shears Division for the Wastewater Treatment Plant Improvements.  Following discussion Irene Pacey motioned to approve the order.  John Whitmer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Mr. Vandall reviewed the Physical Capacity Profile.  The program includes pre-employment physicals, drug testing for new hires and random drug screenings for current employees.  Mr. Vandall will revise the Employee Handbook for Council approval to include this program.

 

            Mayor Bahan noted trees have been planted on the driving range located adjacent to the Municipal Golf Course.  Mayor Bahan’s concern is the property is not owned by the City.  Mr. Vandall will speak with the Golf Course Superintendent concerning the issue.

 

            Alan Stefek commented on the deadline of September 30, 2009 set for Don Lyne to complete a destruction of the house located on Washington Avenue.  Mr. Vandall will continue to monitor the progress being made.

 

            Irene Pacey inquired if the City had enrolled in Kansas One Call.  Mr. Kerschner replied the City has not joined at this time.

 

            Mr. Vandall reported he had developed a new employee evaluation form.  A copy was included in the Agenda Packets.  All Department Heads are aware of the new form.

 

            Alan Stefek motioned Council enter Executive Session with the City Administrator at 7:40 P.M. for the purpose of discussing non-elected personnel and the Council return to open session at 7:45 P.M.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered Executive Session at 7:40 P.M. and returned to the regular  meeting at 7:45 P.M. Alan Stefek then motioned Council enter Executive Session with the City Administrator at 7:47 P.M. for the purpose of discussing non-elected personnel and the Council return to the regular meeting at 7:52 P.M.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Council entered Executive Session at 7:47 P.M. and returned to the regular meeting at 7:52 P.M.  Alan Stefek motioned to approve a merit increase for Mickey Birney from step 8.5 to step 9.0 on the approved pay scale.  Irene Pacey seconded the motion.  When put to vote all aye.  Motion carried

 

            There being no further business on proper motion the meeting was recessed until September 28, 2009.

 

                                                                        Patti L. Booher

                                                                        City Clerk

           

 

September 28, 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; David Smith, Chief of Police and Alan Roush, Ellsworth County Independent Reporter.

 

            There were no requests for extensions for Water/Sewer terminations.

 

            There was no action taken on the Consent Agenda as the minutes from the September 14, 2009 meeting were not included in Council packets.

 

            Timothy Vandall, City Administrator, reviewed the Project Board.  Mr. Vandall reported progress continues to be made on the Streetscape project.  The contractor is currently on schedule.  Mr. Vandall also informed Council Smoky Hill Construction continues to work on the apron at the airport.  This project also remains on schedule along with the Waste Water Treatment Plant.

 

            Mr. Vandall would recommend a Community Satisfaction Survey be distributed following the completion of the Comprehensive Plan.

 

            Alan Stefek motioned to approve Corporate Authorization Resolution #28-0909A.  Irene Pacey seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            The next item on the agenda was an Agreement for Physical Capacity Profile Testing.  The agreement is with Occupational Performance Corporation.  Irene Pacey motioned to approve the agreement with testing for new hires only.  John Whitmer seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            Following discussion Irene Pacey made a motion to approve an Agreement for Drug Screening to include alcohol testing with Occupational Performance Corporation.  Cole Worrell seconded the motion.  When put to vote all vote aye.  Motion carried.

 

            David Smith, Chief of Police, addressed the Council and requested guidance in reference to the Peddlers, Solicitors and Canvassers Ordinance.  Chief Smith gave a brief overview of the current ordinance.  An application must be completed, followed by a background check by the Chief of Police for approval or disapproval within 5 days of receipt of the application.  The Chief would like to extend the number of days for the investigation along with more stringent requirements.  The Chief also informed Council he is able to complete only a NCIC check due to several laws and other limitations.

 

            Following further discussion Council determined the ordinance should remain as is with the exception of allowing the Chief of Police and City Clerk to assign a designee in either’s absence.

 

            The Chief of Police also informed Council his department will be replacing the light bars on the cars.  Chief Smith will try to purchase used light bars from the Kansas Highway Patrol.

 

            Mr. Vandall reported the City is working with EMC Insurance on claims for the roof and car damage due to a hail storm.  Mr. Vandall is also working with John Kerschner to become a member of Kansas One Call.

 

            Mr. Vandall then noted due to the spread of the H1N1 virus he has ordered hand sanitizers for City Hall and all departments.  Mr. Vandall then assured Council he would be contacting Don Lyne to discuss progress on the demolition of a house.

 

            There being no further business on proper motion the meeting was adjourned until October 12, 2009.

 

 

 

                                                            Patti L. Booher

                                                                                    City Clerk