June, 2009
June 8, 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. All Council members were present.
Also in attendance were David Smith, Chief of Police; Carey Hipp, City Attorney; Harold Waymaster, Water/Sewer Department; Pastor Phillip Hoppe, Ellsworth Family Connection Center and Linda Denning, Ellsworth County Independent Reporter.
Cole Worrell motioned to approve the consent agenda consisting of Claims Ordinance #A05-0109 and Minutes of the May 16, 2009 meeting. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.
Timothy Vandall reported a KDOT strongly recommends the City replace the handi-cap ramps as part of the Downtown Streetscape project. The modification will increase the expense by approximately $10,000 to $12,000 for the project. Mr. Vandall next reported progress is being made at the WWTP. Also, bids are currently being taken for the limestone work for the sign in the TDD project.
Irene Pacey motioned to authorize the City Administrator to sign FAA Grant AIP No. 3-20-0117-06. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.
Pastor Phillip Hoppe then addressed Council. Pastor Hoppe explained Ellsworth Family Connection Center has lost its funding from the Kansas Department of Corrections. Pastor Hoppe requested the City make a donation to the Center. After discussion on the matter Cole Worrell motioned to donate an amount not to exceed $2000.00 during Fiscal Year 2010. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.
Mayor Bahan noted he had discussed with the City Administrator the condition of the 100 block of Nebraska Avenue.
Chief Smith discussed the current process for issuing nuisance notifications. Mayor Bahan inquired about the criteria for placing Children at Play signs. Chief Smith explained the process.
Irene Pacey inquired what the requirements are for building a fence. Mr. Vandall explained the process for the construction a fence. Other improvements requiring building permits were discussed.
John Whitmer reported he had been approached by a citizen requesting an alley/right-of-way in the 1300 block of Spring Street be closed or vacated. Mr. Vandall will research the request with the Street Superintendent.
Cole Worrell requested the Street Department begin replacing signs that are in poor condition. Mr. Vandall will pass the request on to the Street Department.
Mr. Worrell also requested the Police Department contact the owner of the old rest area which is becoming a nuisance.
Cole Worrell then informed Council Cashco, Inc. is considering installing a wind turbine. Mr. Vandall has been researching the issue. The concern for Cashco is while they are researching the option the City will pass an ordinance restricting the construction and operation of wind generators.
Mr. Vandall reported progress continues to be made on the Comprehensive Plan. The plan is approximately 70% complete. Mr. Vandall also reported the 2010 Budget is being completed. A work session will be held in the near future. Mr. Vandall also noted the Audit of 2008 will be taking place later in the week.
John Whitmer motioned to enter Executive Session with the City Administrator and City Attorney at 8:07 P.M. for the purpose of discussing preliminary matters relating to the acquisition of real property and the Council return to open session at 8:17 P.M. Irene Pacey 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 Executive Session at 8:07 P.M. and returned to recessed meeting at 8:17 P.M. Cole Worrell motioned Council enter Executive Session with the City Administrator at 8:18 P.M. for the purpose of discussing non-elected personnel and the Council return to open session at 8:33 P.M. Irene Pacey seconded the motion. When put to vote all vote aye. Motioned carried.
Council entered Executive Session at 8:18 P.M. and returned to recessed meeting at 8:33 P.M. Irene Pacey motioned to approve merit increases for an Equipment Operator and the Deputy City Clerk/Treasurer. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried.
Cole Worrell motioned Council enter Executive Session with the City Administrator at 8:35 P.M. for the purpose of discussing non-elected personnel and the Council return to open session at 8:40 P.M. Mary Wires seconded the motion. When put to vote all vote aye. Motioned carried.
Council entered Executive Session at 8:35 P.M. and returned to recessed meeting at 8:40 P.M. No action was taken.
There being no further business on proper motion the meeting was recessed until June 22, 2009 at 7: P.M.
Patti L. Booher
City Clerk
June 22, 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, Mary Wires and Cole Worrell. Council member John Whitmer was absent.
Also in attendance were Timothy Vandall, City Administrator; Carey Hipp, City Attorney; David Smith, Chief of Police; Linda Denning, Ellsworth County Independent Reporter and Sharon Haverkamp.
The Clerk presented several requests for extensions on Water/Sewer terminations. Alan Stefek motioned to allow the extensions. Irene Pacey seconded the motion. When put to vote all vote aye.
There were no items for the Consent Agenda.
A review of the Project Board included updates on the Streetscape, the signage in the TDD Project and construction at the WWTP. The State is still reviewing the final streetscape plans and a change order has been added to the WWTP.
Irene Pacey motioned to approve Pay Estimate #1 for APAC-Kansas, Inc., Shears Division for work completed at the WWTP. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.
The Clerk then presented the GAAP Waiver Resolution for 2009. Alan Stefek motioned to approve the Resolution. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 22-0609A.
The Floodplain Ordinance was presented for Council action. 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 3001.
The following resolution was presented for Council action:
A RESOLUTION FIXING A TAME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS, AT WHICH THE OWNER, HIS OR HER AGENT, LIENHOLDERS OF RECORD, OCCUPANTS AND OTHER PARTIES IN INTEREST OF STRUCTURES LOCATED WITHIN SAID CITY AND DESCRIBED HEREIN MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURES SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS AN UNSAFE OR DANGEROUS STRUCTURE.
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 22-0609B.
Mayor Bahan reported he had received a complaint in reference to mailboxes on Aylward Street being blocked by parked vehicles. Chief Smith will review the situation and will return to Council with his recommendations.
Mr. Vandall reported he has completed further research on the construction and use of wind turbines. There are currently limited restrictions for the turbines and the City can impose more stringent requirements in the comprehensive plan should they choose.
Mr. Vandall also informed Council he had visited with the Street Superintendent Jim Zamrzla concerning Nebraska Street. The drainage problem is not on Nebraska Street but rather on E. North Main Street. Mr. Vandall will contact the Union Pacific Railroad and report his findings to the Council.
Mr. Vandall then presented Council with all deeds associated with the Ellsworth Correctional Facility. ECF is currently within their boundaries. The Administrator will continue to work with the Facility in efforts to receive State approval for an expansion.
Mr. Vandall asked if any members of the governing body had questions related to the draft 2010 Budget. All questions were answered. Following discussion a Budget Work Session was scheduled for July 6th at 7:00 P.M.
Alan Stefek motioned Council enter Executive Session with the City Administrator at 7:52 P.M. for the purpose of discussing non-elected personnel and the Council return to open session at 7:57 P.M. Irene Pacey seconded the motion. When put to vote all vote aye. Motioned carried.
Council entered Executive Session at 7:52 P.M. and returned to recessed meeting at 7:57 P.M. Alan Stefek motioned to a approve a merit increase for an a Water Plant Operator from Step 7.5 to Step 8.0 on the City of Ellsworth approved pay plan. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.
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 8:05 P.M. Irene seconded the motion. When put to vote all vote aye. Motioned carried.
Council entered Executive Session at 8:00 P.M. and returned to recessed meeting at 8:05 P.M. Cole Worrell motioned to a approve a merit increase for the Chief of Police from Step 8.5 to Step 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 adjourned until July 13, 2009.
Patti L. Booher
