City Of Ellsworth Kansas Minutes

November, 2007

2007-12-18T09:44:00.000-06:00

November 12, 2007

The Ellsworth City Council met for 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 Don Panzer, Mary Wires and Cole Worrell. Irene Pacey and Alan Stefek were absent.

Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; Joshua Beckman, Kirkham-Michael Engineers; Linda Denning, Ellsworth County Independent Reporter and Clint Rogers.

Cole Worrell motioned to approve the consent agenda. Don Panzer seconded the motion. It was noted a second and vote of the motion to approve the Downtown Transportation Grant was not recorded in the minutes. The Clerk will make corrections as required. The motion was then put to vote and all vote aye. Motion carried.

Joshua Beckman, Kirkham-Michael Engineers presented the Council with the bids received for construction of the TDD Project. Pavers, Inc. was the low bid at $537, 942. The amount was below the engineers’ estimate. Mr. Beckman requested the Council authorize the Mayor to sign the Bid Award Letter. Don Panzer motioned to approve the engineers’ recommendation awarding the bid to Pavers, Inc. and authorize the Mayor to sign to sign the Award Letter. Cole Worrell seconded the motion. Mr. Panzer inquired if a penalty clause was included in order to keep the project on schedule. Mr. Beckman confirmed the clause is included. When put to vote all vote aye. Motion carried.

Mr. Beckman explained a field change had been made to the original plans for drainage during a recent KDOT project causing additional problems in the TDD Project area. The State of Kansas will remedy the problem at their expense.

Clint Rogers next addressed the Council and requested the City extend the Welcome Home incentives to the property he will be constructing a new home on. The incentives include waiver of the building permit fee, sewer tap fee and installation of water service up to 5/8”. Don Panzer motioned to approve the request. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

There was not a representative from Ellsworth Family Connections available to attend the meeting. The organization will be present at a future meeting.

Council next reviewed the 4 options available for action in reference to the pool usage ordinance. Following discussion Cole Worrell motioned to approve the following ordinance with a change to the number of guests being limited at 4:

AN ORDINANCE PROVIDING FOR A UTILITY CHARGE FOR PAYMENT OF MAINTENANCE COTS OF THE CITY SWIMMING POOL AGAINST THE RESIDENTIAL UTILITY CUSTOMERS OF THE CITY OF ELLSWORTH AND DEFINING RESIDENTIAL UTILITY CUSTOMERS AND REPEALING AND REPLACING ORDINANCE 2964 OF THE CITY OF ELLSWORTH.

Don Panzer seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 2991.

Don Panzer then motioned to purchase Chamber Checks not to exceed an amount allowable by IRS Taxable Fringe Benefits or $40.00 whichever is lesser in lieu of providing an employee appreciation dinner. Mary Wires seconded the motion. When put to vote all vote aye.

Mr. Panzer then requested the Street Department be instructed to grade east and west streets in the Fairbanks and Gay Streets area.

Mr. Worrell reminded the City Administrator there is a pothole in the 500 block of Novak Street that is in dire need of repair. Mr. Worrell also requested an explanation for the selected location of a culvert recently installed at Ninth and Park Streets. Mr. Mitchell will request the Street Superintendent attend the next meeting to explain the location selection.

Mr. Mitchell reviewed progress to grants currently awarded or recently applied for. These include several for the Airport. The runway has been resurfaced and reopened for aircraft traffic. A final inspection of the snow removal equipment will be completed by HWS later in the week and the close out process will begin. Progress continues to be made toward the installation of an AWOS system.

Mr. Mitchell then reported the Downtown District has been placed on the National Historic Register. This designation will allow owners to receive tax credits or grants for improvements. The Transportation Enhancement Grant was delivered to Topeka the previous week.

Mr. Mitchell then requested authorization to submit a grant on behalf of the Fire Department for Smoke Safety and Prevention. The cost of the project would be $50,000 with the City responsibility placed at 5% ($2,500). Don Panzer motioned to approve the request. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried.

Mr. Mitchell reported the Beautification Committee is recommending using their remaining funds to do renovations at Preisker Park restrooms and purchase gift certificates for trees to be incorporated in the Recreation Master Plan.

Mr. Mitchell also reported the Celebrations Committee is considering incorporating Cowtown Days with the Star Spangled Spectacular creating one large event rather than 2 smaller events.

Mr. Mitchell’s final report concerned the roofing issue at City Hall. Mr. Mitchell has explored the option of placing a pitched roof on the building and the increase in price is significant. Council instructed Mr. Mitchell to pursue a membrane system for the roof.

Cole Worrell then motioned the Council go into Executive Session with the City Administrator at 7:40 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 7:45 P.M. The session is required to protect the privacy interests of an identifiable individual. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session at 7:40 P.M. and returned to open meeting at 7:45 P.M. Mr. Mitchell then requested Council guidance relating to the interview process for the Clubhouse Supervisor. After discussion an interview panel consisting of the Administrator, the Groundskeeper and Governing Body representative Don Panzer was set. Mr. Mitchell requested possible monetary incentives for the supervisor dependent upon the success of events. Council was not in favor of the option.

Mr. Mitchell will be working with the City Attorney to draft a membership policy for individuals utilizing the Golf Course. Discussion was then held concerning the cart sheds at the course and Mr. Mitchell will discuss the possibility of requiring fees for the land private sheds are located on. Mr. Worrell recommended holding an informative meeting for shed owners as there are currently no copies of leases that were believed to be executed. Mr. Mitchell will review minutes of Council meetings held during the time in question.

Mr. Mitchell then requested permission to purchase 3 used carts. Funds are available within the Clubhouse budget. Gas carts are preferred over electric carts. No action on the request was taken.

There being no further business on proper motion the meeting was recessed until November 26, 2007 at 7:00 P.M.

Patti L. Booher

City Clerk

November 26, 2007

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

Also in attendance were Jonathan Mitchell, City Administrator; David Smith, Chief of Police; Neil Berry, Patrol Officer; Jim Zamrzla, Street Superintendent; Kermit Rush, Ellsworth County Commissioner; Rob Fillion, Smoky Hill Development Corporation; Carl Miller, Ellsworth County Commissioner; Linda Denning, Ellsworth County Independent Reporter and Sharon Haverkamp.

There were no customers in attendance to request an extension for Water/Sewer terminations. The Clerk presented extension requests until November 30^th for Mark Gwinner and December 3^rd for Steve Shultz. Cole Worrell motioned to approve the extensions. Irene Pacey 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.

A dangerous structure hearing for 331 W. First Street was then held. The property is owned by Shane Bloom of Fredericksburg, VA. Mr. Bloom nor his agent were in attendance. The hearing was closed.

A dangerous structure hearing for 100 N. Colorado Avenue was then held. The property is owned by Robert Shalamov of Phoenix, AZ. Mr. Shalamov nor his agent were in attendance. The hearing was closed.

Cole Worrell motioned to authorize the preparation of resolutions finding the structures dangerous and setting a reasonable time to remove said structures or they shall be razed by the City. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried.

Rob Fillion, Director, Smoky Hill Development Corporation and Carl Miller, Ellsworth County Appraiser gave an in-depth presentation of the proposed Ellsworth County Neighborhood Revitalization Plan. The plan would include the County, all cities and USDs 327 and 328. Taxes collected on the appraised value of qualifying improvements would be rebated, using the schedule in the plan, Ad Valorem tax after the taxes have been paid in full. Mr. Fillion and Mr. Miller will be meeting with the other interested entities in the upcoming weeks to seek their support for the plan. They have presented this information to the County Commissioners and USD #327 Board of Directors. Although no official action was taken the consensus of the Council was to support the plan.

The Council then received presentations for replacement roofing on City Hall from Geisler Roofing, Inc., High Plains Roofing, Inc. and Roofmasters Roofing & Sheet Metal Co., Inc. Following the presentations Mary Wires motioned to award the project to Roofmasters Roofing & Sheet Metal Co., Inc. for the proposed Option A. Option A being a new TPO membrane placed above the south end of the building and a pitched steel roof retrofit placed on the east and west sides of the center of the building, including guttering. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Jim Zamrzla, Street Superintendent, then proposed Nebraska Street between First Street and E. North Main Street be permanently closed. The asphalt was damaged extensively by flooding in June. A shallow culvert would be installed at E. North Main Street preventing water from passing over E. North Main Street. Council requested the City Administrator contact property owners affected should the street be closed and directed the Street Superintendent work on cost estimates covering the proposed plan.

Mary Wires reported she had received compliments directed to the Street Department’s recent crack sealing.

Mr. Zamrzla next explained the positioning of the culvert located at Ninth and Park Streets.

Don Panzer questioned if there were any plans for signage on K-156 indicating the location of downtown Ellsworth. Mr. Mitchell indicated signage is included in the TDD if the monies are available.

Mr. Mitchell gave a quick updates on current grant applications.

Cole Worrell then motioned the Council go into Executive Session with the City Administrator and Street Superintendent at 9:05 P.M. for the purpose of discussing personnel matters for non-elected personnel and that the Council return to open meeting at 9:08 P.M. The session is required to protect the privacy interests of an identifiable individual. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried.

Council entered into Executive Session at 9:05 P.M. and returned to open meeting at 9:08 P.M. No action was taken.

There being no further business on proper motion the meeting was adjourned until December 10^th, 2007 at 7:00 P.M.

Patti L. Booher

City Clerk

October, 2007

2007-12-05T09:57:00.000-06:00

October 8, 2007

The Ellsworth City Council met for regular 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 Don Panzer, Mary Wires and Cole Worrell. Irene Pacey was attending the LKM Conference in Overland Park with the Mayor and City Administrator.

Also in attendance David Smith, Chief of Police; John Kerschner, Water/Sewer Superintendent; Linda Denning, Ellsworth County Independent Reporter and citizens Jenifer Crease and Linda Alderman.

Cole Worrell motioned to approve the consent agenda. Don Panzer seconded the motion. The motion was then put to vote and all vote aye. Motion carried.

There were no petitions or delegations.

During review of the Project Board Council confirmed the Recreation Center was to be winterized beginning October 1, 2007.

John Kerschner, Water/Sewer Superintendent reported he and the City Administrator had met with a Hydrologist and are awaiting a proposal before moving further with additional test drilling.

The Council next reviewed ordinances concerning guest pass options for the Municipal Pool. The City Clerk then explained the differences in the proposed pool ordinances. There were 4 options presented A, B, C & D. All options allow all residents of the City entrance to the pool at no charge. Option A additionally allows residents be able to take guests from outside the county to the pool at no charge. Option B grants City Hall staff the discretion to determine guest eligibility. Option C prohibits guests being admitted free of charge and Option D allows two guests be assigned annually per residential unit for admission to the pool free of charge.

Cole Worrell motioned to approve option C of the following ordinance:

AN ORDINANCE PROVIDING FOR A UTILITY CHARGE FOR PAYMENT OF MAINTENANCE COSTS OF THE CITY SWIMMING POOL AGAINST THE RESIDENTIAL UTILITY CUSTOMERS OF THE CITY OF ELLSWORTH AND DEFINING RESIDENTIAL UTILITY CUSTOMERS; AND REPEALING AND REPLACING ORDINANCE 2964 OF THE CITY OF ELLSWORTH.

Mary Wires seconded the motion. Linda Alderman then restated her request from the previous meeting which was to allow 2 guests per household as assigned by the utility customer annually. When put to vote all vote nay. The motion was defeated. Council instructed the City Attorney to review the verbiage in option D to be sure it is conclusive as to 2 guests per household and those guests must remain the same for the entire season. No changes would be permitted.

Council tabled the Flood Insurance Quote until the City Administrator is in attendance.

The following resolution was then presented for Council action:

A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR A 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 STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS AN UNSAFE OR DANGEROUS STRUCTURE.

The property referenced in the resolution is 100 N. Colorado Avenue. Don Panzer motioned to approve the resolution. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 08-1007A.

The following resolution was next presented for Council action:

The property referenced in the resolution is 331 W. First Street. Don Panzer motioned to approve the resolution. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 08-1007B.

Council reviewed the Neighborhood Revitalization Plan Amended and Notice of Public Hearing October 15, 2007. Council will take consider the amended Plan following the Public Hearing and action by County Commissioners.

Cole Worrell motioned to approve the 2006 Audit. Mary Wires seconded the motion. When put to vote all vote aye. Council then directed a written Anti-Fraud Policy be prepared and returned for Council action.

Mr. Panzer informed Council he has treated the flower bed a Kreizek Park with a weed control product for a second time and will spray once more prior to Richard Foran taking over the maintenance of the bed.

Mary Wires reported she had received complaints of the sidewalk being blocked on W. First Street during the Great American Cattle Drive... Several complaints were received by other Council members. Should the event be staged again in future years the members of the Council will be more diligent to protect the business owners affected.

The City Administrator included a copy of the Leave Requests Forms and Memo associated with requested leave. The policy is currently in effect but will be enforced more strictly in the future.

There being no further business on proper motion the meeting was recessed until October 22, 2007 at 7:00 P.M.

Patti L. Booher

City Clerk

October 22, 2007

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 Robert Homolka called the meeting to order. Council members present were Don Panzer, Alan Stefek, Mary Wires and Cole Worrell. The City Clerk recited the Loyalty Oath and Irene Pacey repeated and as so became duly sworn in as Council member.

Also in attendance were Jonathan Mitchell, City Administrator; David Smith, Chief of Police; John Kerschner, Water/Sewer Superintendent; Carey Hipp, City Attorney; Joshua Webb, Greens Keeper; Kermit Rush, Ellsworth County Commissioner, Rob Fillion, Smoky Hill Development; Linda Denning, Ellsworth County Independent Reporter; P.J. and Holly Weinhold, Jenifer Crease, Linda Alderman and the following downtown business owners: Mark Roehrman, Kurt Williams, Ken Robson, Gary Urbanek and Terry Kepka.

There were no customers in attendance to request an extension for Water/Sewer terminations. The Clerk presented extension requests until November 2^nd for Richard Watson and October 26^th for Lance Graves. Alan Stefek motioned to approve the extensions. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Don Panzer then motioned to approve the Consent Agenda. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.

P.J. Weinhold then addressed the Council and requested the Council approve the waiver of building permit, sewer tap and water service installation up to 5/8” line fees for the home they are building on a Welcome Home lot. Don Panzer motioned to approve extending the Welcome Home Plan Incentives to P.J. & Holly Weinhold at 326 Kunkle Drive. Cole Worrell seconded the motion. When put to vote all vote aye.

Kurt Williams gave an in-depth presentation of the proposed downtown streetscape improvements. Mr. Williams gave background information on the project and explained the need to expedite action on the request. The proposed funding included 15% to be paid by the City, 15% from the local foundations through the City, and 10% to be paid by property owners within the downtown district along with 60% from a KDOT Transportation Development Grant. Currently costs are projected to be slightly less than $1,000,000. A petition from property owners in the district has not been drafted and would require 51% of the owners to approve Special Assessments for the 10% they are proposing to pay. Should 51% of the owners not sign the petition that expense would also fall to the City as a whole.

Sharon Haverkamp arrived at the meeting at 7:30 P.M.

Jonathan Mitchell, City Administrator, explained the City would be required to bond the total amount of the project as the grant is for reimbursement of the project costs as they are completed and City funds have been expended. The local foundations have agreed to cover the first 7½ years of principal and interest on the bond. The City would then pay the remaining 7½ years of principal and interest. KDOT requires funding other than grant money be committed prior to grant application.

After discussion Don Panzer motioned to approve the proposed Streetscape Project with 15% of funding from the City of Ellsworth, 15% from local foundations through the City of Ellsworth, 10% Special Assessments of the property owners in the benefit district and 60% of the costs from KDOT Transportation Development Grant. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

The following ordinance was then presented for Council action:

AN ORDINANCE PROVIDING FOR A UTILITY CHARGE FOR PAYMENT OF MAINTENANCE COST OF THE CITY SWIMMING POOL AGAINST THE RESIDENTIAL UTILITY CUSTOMERS OF THE CITY OF ELLSWORTH AND DEFINING RESIDENTIAL UTILITY CUSTOMERS; AND REPEALING AND REPLACING ORDINANCE 2964 OF THE CITY OF ELLSWORTH.

Don Panzer inquired if the pool maintenance fee could be assessed against property owners’ ad valorem taxes rather than on water bills. This is not an option for FY 2008 as the budget has already been approved. He thin inquired if the fee is also assessed on commercial property. The Mayor explained it is not, only on residential.

Sharon Haverkamp questioned why the apartments owned by her and her husband are considered commercial property for the purpose of applying sewer rates and residential for applying pool fee. The Clerk will research the question and contact Mrs. Haverkamp with the information obtained. Mrs. Haverkamp also indicated she felt the pool should be free for everyone. After discussion the ordinance was tabled for further review.

Mr. Mitchell then requested Council direction concerning the flood insurance quote to insure the dance floor in the basement. After review of the information Don Panzer motioned to approve depositing the check received from FEMA and purchase flood insurance on the dance floor in the amount of $155.00 per year. This quote has a $500.00 deductible. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

The following resolution was next presented for action:

A RESOLUTION DECLARING THE ELIGIBILITY OF THE CITY OF ELLSWORTH TO SUBMIT AN APPLICATION TO THE KANSAS DEPARTMENT OF TRANSPORTATION FOR USE OF TRANSPORTATION ENHANCEMENT FUNDS SET FORTH BY THE FEDERAL TRANSPORTATION EQUITY ACT FOR THE 21^ST CENTURY FOR THE ELLSWORTH STREETSCAPE PROJECT IN ELLSWORTH, KANSAS, AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN THE APPLICATION.

Alan Stefek motioned to approve the resolution. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 22-1007A.

John Kerschner then reviewed a proposal for water exploration received from Terrane Resources. Don Panzer motioned to approve the proposal with Terrane Resources not to exceed $3500 to locate potential well sites. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Mr. Mitchell next requested authorization to negotiate temporary memorandums of agreement with property owners where potential water resources are indicated by Terrane Resources. Alan Stefek motioned to approve the authorization. Don Panzer seconded the motion. When put to vote all vote aye. Motion carried.

Don Panzer next inquired if any progress had been made to determine if a “School Zone” sign could be placed by Precious Pals Pre-school. The Chief of Police will check with the State of Kansas to determine if the pre-school would qualify.

Mr. Panzer also reported he had completed spraying in the Kreizek Park flower beds and all the bindweed is dead.

Mr. Mitchell then reported all claims submitted to FEMA for flood damage had been closed with the exception of the J.H. Robbins Library. The claim for the library had been misplaced and duplicates have been sent to FEMA. Jim Zamrzla, Street Superintendent, will be addressing the Council at a future date with a proposal to better funnel the drainage on Nebraska Avenue.

Mr. Mitchell also reported updates on grants received or recently applied for including the runway overlay at the Municipal Airport. The airport is currently closed for the overlay, but should reopen prior to November 9, 2007.

Mr. Mitchell then reviewed a letter from EMC Insurance reviewing the Diane Zeman Claim settlement. The City is liable for an additional $559.77. The claim will then be closed.

Mr. Mitchell informed Council Ellsworth Family Connections Center will be attending the November 12^th meeting to request ownership of the facility transfer to them on April 1, 2008.

Council next reviewed the City Administrator’s proposed structure for the Municipal Golf Course. Mr. Mitchell and Josh Webb, Greens Keeper, fielded several questions from the Council concerning the proposed structure. Don Panzer then motioned to approve the new Golf Course Structure as proposed by the City Administrator. 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 November 12, 2007 at 7:00 P.M.

Patti L. Booher

City Clerk

October 24, 2007

The Ellsworth City Council held a Special Meeting at 10:00 A.M. on the above date for the purpose of reviewing and providing comments/recommendations on a proposed Recreation Master Plan presented by BWR.

The following Council members present Irene Pacey, Don Panzer, Alan Stefek and Mary Wires.

Also in attendance were Jonathan Mitchell, City Administrator; Ron Tenbrink, Recreation Director; Josh Webb, Greens Keeper; Eric Reid, Dale Brungradt and Ken Arnhold USD #327; Greg Hoffman; Linda Denning, Ellsworth County Independent Reporter and Dick Horton and Chad Weinand, BWR. Mayor arrived at 10:20 A.M.

BWR presented current recommendations for the Recreation Master Plan.

There being no further business on proper motion the meeting was recessed.

Patti L. Booher

City Clerk

October 30, 2007

The Ellsworth City Council held a Special Meeting at 4:35 P.M. on the above date for the purpose of taking action on a Cereal Malt Beverage License for Jeff Gose, Manager of Gene’s Heartland Foods.

Mayor Robert Homolka called the meeting to order at 4:35 P.M. The following Council members present Irene Pacey, Don Panzer, Mary Wires and Cole Worrell.

Also in attendance was Jonathan Mitchell, City Administrator.

The Clerk presented an application for a Cereal Malt Beverage License for Jeff Gose, Gene’s Heartland Foods. Don Panzer motioned to approve the application. 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.

Patti L. Booher