City Of Ellsworth Kansas Minutes

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February, 2010

2010-03-18T09:39:00.001-05:00

February 2, 2010

The Ellsworth City Council held a special meeting on the above date at 2:00 P.M. at the Village Mall. Those present were Mayor Stephen Bahan and Council members Alan Stefek, John Whitmer and Cole Worrell.

The purpose of the meeting was to discuss the Downtown Streetscape Project. No formal action was taken and the meeting was adjourned on proper motion.

Patti L. Booher

City Clerk

February 8, 2010

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; Carey Hipp, City Attorney; Adam Larsen Water/Sewer Superintendent; Linda Denning, Ellsworth County Independent Reporter; Jamie Rathbun, Heather West, MaryAnn Fredrickson, Smoky Hill Child Care Foundation and Keith Adams.

The first item of business was the consent agenda consisting of the minutes from the January 25, 2010 meeting and Claims Ordinance #A01-0110. Cole Worrell motioned to approve the consent agenda. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.

Jamie Rathbun, Smoky Hill Child Care Foundation, addressed Council. Ms. Rathbun explained the foundation has been working to improve child care options in the City/County. The foundation is requesting the City donate land to build a child care facility. Other locations have been considered but have not met all the KDH&E standards. The group is requesting the donation of City owned lots in the Homolka Subdivision. There is a concern there is ground contamination on the lots. Further investigation will be needed to determine if the site is acceptable. The Council is in favor of the location.

Keith Adams next approached Council. Mr. Adams is unhappy with Eagle Communications due to increases in monthly billing and frequent outages. Mr. Adams also noted the corner of Aylward Avenue and Novak Street continues to have standing water.

Timothy Vandall, City Administrator reported the WWTP is scheduled for start up on February 16. The swale in the 10” line has been straightened. A small retaining structure is in place near the clarifier. The Street Department will be beginning working soon to replace the overhead door with a wall.

Mr. Vandall then gave an update on the Streetscape Project. The manufacturer of the lights poles will be producing new poles at no cost to the City to replace those not meeting the specifications of the plans. The issue of all speakers being placed on one side of Douglas Avenue is being addressed. Alan Stefek reported he has seen one block of lights on all day. Mr. Vandall will look into the problem. The architect may be willing to take some responsibility for the banner arms and street signs being too far over the street.

Irene Pacey motioned to approve pay request #8 from APAC-Kansas, Inc., Shears Division. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried. Alan Stefek then motioned to approve pay request #5 from 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 THE PUBLIC OFFICER OF THE CITY OF ELLSWORTH TO ABATE THE CONDITIONS CAUSING A NUISANCE IN VIOLATION OF ELLSWORTH CITY CODE 8.26.030 AND 8.26.040 PROVIDING THAT THE COSTS INCURRED BY THE CITY OF ELLSWORTH TO ABATE THE CONDITIONS BE CHARGED AGAINST THE PARCEL OF GROUND ON WHICH THE NUISANCE WAS LOCATED AS PROVIDED FOR IN ELLSWORTH CITY CODE 8.26.130

Cole Worrell motioned to approve the resolution. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 08-0210A.

Mayor Bahan reported he has received a complaint from a resident at the Pines Apartments. Mr. Bahan also requested recommendations to replace Bill Finke as the City representative to Economic Development.

Mr. Stefek requested Mr. Vandall contact the Street Superintendent for ideas to correct the drainage problem at Aylward Street and Dees Avenue. Ms. Pacey inquired if any progress had been made in developing Capital Improvement and Municipal Equipment Plans. All suggestions are being reviewed.

Mr. Vandall reported Dallas Scrip, Benefit Management Inc, will be presenting the Health Reimbursement Administration Option Plan to employees on January 11^th. Also new zoning maps will be available for review shortly. KCMS will begin work soon on the roof at the Recreation Center. The inmate detail will be constructing a storage room for the recreation department under the balcony on the west end of the gymnasium.

Mr. Vandall then informed Council Ronnie Tenbrink, Recreation Director, would like to know what Council intends to do with the Recreation Center. It is currently being used for storage only. Council made no determination.

After visiting with the Street Superintendent Mr. Vandall recommends E. Third Street and E. North Main Street be targeted for major improvements. This undertaking will take many years to finish. Council indicated Third Street would be their priority. The alley behind City Hall is also a priority. Irene Pacey inquired if an Emergency Preparedness Plan is in place for the City. The City has adopted the County’s plan.

Alan Stefek motioned Council enter Executive Session with the City Administrator and City Attorney at 8:13 P.M. for the purpose of discussing non-elected personnel and the Council return to the regular meeting at 8:18 P.M. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 8:13 P.M. and returned to the regular meeting at 8:18 P.M. John Whitmer motioned to approve a merit increase, as recommended by the City Administrator and Street Superintendent, for Delvin Bettenbrock based on his annual review. Alan Stefek 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 February 22, 2010.

Patti L. Booher

City Clerk

February 22, 2010

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 Stephen Bahan and Council President Alan Stefek Council member Cole Worrell nominated John Whitmer to conduct the business of the meeting. Mary Wires seconded the nomination. When put to vote all vote aye. Motion carried. John Whitmer then called the meeting to order. Other Council members present were Irene Pacey, Mary Wires and Cole Worrell.

Also in attendance were Timothy Vandall, City Administrator; Carey Hipp, City Attorney; David Smith, Chief of Police and Linda Denning, Ellsworth County Independent Reporter.

The Clerk presented 2 requests for extensions of Water/Sewer terminations. Irene Pacey motioned to approve the requests. Cole Worrell 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 the February 8, 2010 meeting. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.

Timothy Vandall, City Administrator, updated the Steetscape Project. The project is near completion. It is unknown when the replacement light poles will be arriving. Mr. Worrell inquired if any determination had been made concerning the speakers being mounted on only one side of the street. Mr. Vandall replied the sound engineers believes it is not an issue. Should the Council determine the speakers need to be moved it can be done at any time.

Mr. Vandall also reported the WWTP should be operational on February 23^rd. Council was reminded it could possibly be a year before the plant is in compliance with EPA regulations. It has been noted by residents near the ponds the odor is much stronger than usual. Kirkham Michael is researching a solution for the problem.

Cole Worrell motioned to authorize the Mayor to sign the contract with E.V. Cathodic Protection Service for street Chip and Seal. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried. Mr. Worrell inquired if maintenance will be completed prior to the Chip and Seal. Mr. Vandall will check with the Street Supervisor Superintendent.

Chief Smith gave an update of improvements to the Police Station.

Irene Pacey gave a brief overview of the Personnel Management workshop she had recently attended in Augusta, Ks. presented by the League of Kansas Municipalities. Mrs. Pacey also commented on the Streetscape and Library in Augusta.

Mr. Vandall next recommended the City purchase several of the poles being removed from the Streetscape. Mr. Vandall then imparted he had discussed the drainage problem at Novak and Aylward Streets with Street Superintendant Jim Zamrzla. Mr. Zamrzla believes the drainage can be improved by removing and replacing the curb and gutter on the corner. Mr. Zamrzla estimated the expense would be approximately $3,000. Work would last one to two weeks and the Street Department would be utilized for the repair. The City is limited to work that can be done on Evans Street due to the property being State right-of-way.

Mr. Vandall then recommended the City set aside funds to begin working to replace deteriorating streets. This would allow the City to not bond the project. This will require the replacement be completed one block at a time rather than all at once.

Mr. Vandall reported he continues to work with the County and the Medical Center on the Total Notify System. Mr. Vandall reminded Council a Planning Commission meeting is scheduled for February 25^th and the Tourism Board will be meeting March 1^st to review requests for disbursement of Transient Guest Tax.

The Smoky Hill Child Care Foundation continues to make progress in its efforts to provide a new child care facility. They should be receiving written notification from KDH&E the lots in the Homolka Subdivision are suitable for the Foundations’ needs.

Lastly Mr. Vandall reported a Driver’s Safety Course was held for City employee. The implementation of regular Safety Meetings may save money in premiums paid for Workers’ Compensation Insurance.

Cole Worrell then motioned Council enter Executive Session with the City Administrator, City Attorney, Chief of Police and City Clerk at 7:29 P.M. for the purpose of discussing non-elected personnel and the Council return to the recessed meeting at 7:34 P.M. Mary Wires seconded the motion. The executive session is due to protect the privacy interests of an identifiable individual. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 7:29 P.M. and returned to the recessed meeting at 7:34 P.M. Cole Worrell motioned Council enter Executive Session with the City Administrator and City Attorney at 7:35 P.M. to discuss preliminary matters relating to the acquisition of real property and the Council return to the recessed meeting at 7:40 P.M. The executive session is required to protect the City’s financial interest and bargaining position. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 7:35 P.M. and returned to the recessed meeting at 7:40 P.M. Irene Pacey motioned Council enter Executive Session with the City Attorney at 7:40 P.M. to discuss preliminary matters relating to the acquisition of real property and the Council return to the recessed meeting at 7:45 P.M. The executive session is required to protect the City’s financial interest and bargaining position. Cole Worrell 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 recessed meeting at 7:45 P.M. No action was taken.

There being no further business on proper motion the meeting was adjourned until March 8, 2010.

Patti L. Booher

City Clerk

January, 2010

2010-02-17T13:49:00.001-06:00

January 11, 2010

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; Carey Hipp, City Attorney; David Smith, Chief of Police; Harold Waymaster and Jim Beauchamp, Water/Sewer Department; Linda Denning, Ellsworth County Independent Reporter and David Cranston, Kirkham Michael.

The first item of the meeting was the consent agenda consisting of the minutes from the December 28, 2009 meeting and Claims Ordinance #A01-1209. Cole Worrell motioned to approve the consent agenda. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.

David Cranston, Kirkham Michael Engineers addressed Council. Discussion centered on the ground cover of an exposed pipe. Once the pipe has been covered there is a concern dirt may wash down into the clarifier. A guard rail will need to be installed to avoid the problem. If the guard rail cannot be installed by the Water/Sewer Department a change order will be necessary to complete this part of the project. The refurbishing of the shed located at the ponds will be completed by City employees.

Timothy Vandall, City Administrator, reported the Downtown Streetscape project is almost complete. A large section of concrete still needs to be poured at EES. Mr. Vandall also noted many of the light poles have been installed in the wrong locations and several do not have banner arms. These problems fall to the contractor to correct if the poles were properly marked on the plans. Mr. Vandall recommended removing the banner arms extending from the poles on 1^st and 2^nd Streets to allow clearance for taller vehicles. Mr. Vandall was instructed to contact the architect requesting he share the cost for the area on E. First Street that was not included in the project. Mr. Vandall then noted bricks for the project will continue to be sold. They will be laid once annually by the Street Department. Cole Worrell inquired if some of the traffic signs within the project need to be moved. Mr. Vandall will contact the Street Superintendent concerning the signs.

The 2010 Pay Plan was tabled until later in the meeting.

Following review by Council, Alan Stefek motioned to approve Pay Request #7 from APAC-Kansas, Inc., Shears Division. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried. Cole Worrell motioned to approve Pay Request #4 from Heartsone, Inc. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried.

Alan Stefek motioned to approve the letter of understanding with Clubine Rettle to perform the audit of the 2009 financial statements of the City. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.

Mr. Vandall then distributed 3 bids for a greens mower. Golf Course personnel recommended the purchase of the Toro brand mower. Funds were budgeted in Municipal Equipment for this purchase. Alan Stefek motioned to approve the purchase of the Toro greens mower. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Mr. Vandall next volunteered to take the Mayor and Council members to the Wastewater Treatment Plant to observe the work being done. Mr. Vandall then reviewed a proposal from Benefit Management Incorporated. Council requested a representative from the company attend the next meeting.

Mr. Vandall informed the Council over the next few weeks he will be reviewing the 2009 ending balances in depth. He also reported Quarterly Safety meeting are again being implemented. The meetings may save the City up to 5% on Workers Compensation Insurance. Also as renovations wrap up at the Police Department they will begin at the Golf Course meeting room. Ceramic tile will replace the current laminate flooring.

Mr. Vandall has spoken with Don Cikank in reference to his inoperable vehicles and motor boats. Mr. Cikank will be attending the next Council meeting.

Mr. Vandall then requested each Council member consider their top 3 priorities for Capital Improvements and Municipal Equipment. These 2 funds are to be discussed at the recessed meeting on January 25^th.

Alan Stefek motioned Council enter Executive Session with the City Administrator at 8:10 P.M. for the purpose of discussing non-elected personnel and the Council return to the regular meeting at 8:40 P.M. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 8:10 P.M. and returned to the regular meeting at 8:40 P.M. Alan Stefek motioned to approve the 2010 Pay Plan with Council recommendations and that the merit increase percentages on the Pay Plan are not mandatory but suggested only. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.

John Whitmer motioned to approve a merit increase for David Dolezal. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried. John Whitmer next motioned to approve a merit increase for DeAnne Hoch. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried. Alan Stefek then motioned to approve a merit increase for George Ward. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried. The last motion was made by Alan Stefek to approve a merit increase for Harold Waymaster. Mary Wires 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 January 25, 2010.

Patti L. Booher

City Clerk

January 25, 2010

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; Adam Larsen, Water/Sewer Superintendent; Jon Halbgewachs, Kirkham Michael Engineers; Harold Waymaster, Water/Sewer Department; Dallas Scrip, Benefit Management, Inc.; John Kerschner and Linda Denning, Ellsworth County Independent Reporter.

The Clerk presented a request for an extension of a Water/Sewer termination. Irene Pacey motioned to approve the request. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.

Alan Stefek motioned to approve the consent agenda consisting of the minutes of the January 11, 2010 meeting. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Don Cikanek addressed Council in reference to the nuisance located on his property. Mr. Cikanek was requesting an extension to remove the nuisance. Council instructed the City Attorney to prepare a resolution for consideration at the next meeting to abate the nuisance. Council will choose the time frame to include in the resolution at the meeting.

Dallas Scrip, Benefit Management Inc., presented information on a Health Reimbursement Administration Option Plan to decrease the expense the City pays for health insurance. The plan would increase the deductible for health insurance. The City would assume the difference between the $1000 to $2500 deductible. Mr. Scrip reviewed examples of the risk the City would assume. Following discussion Council took no action.

Jon Halbgewachs next addressed Council. Mr. Halbgewachs reviewed progress at the WWTP. The first concern is the ground cover over a 10” return pipe. Mr. Halbgewachs assured Council the coverage is adequate. Another concern is a swale in the same line. Mr. Halbgewachs will direct the contractor to straighten the line prior to completion of the project. The next item of concern was keeping soil from the coverage from washing into the clarifier. Mr. Halbgewachs did not believe the soil would create a problem. A possible correction would be to install a short retaining wall/barricade. Council requested Mr. Halbgewachs research options and report back. Mr. Halbgewachs also informed Council it will take some time for the biological processes to begin working once the project is complete. It could possibly take 6 months to a year to be within KDH&E requirements.

Tim Vandall, City Administrator, distributed copies of change orders to date for the Streetscape project. Numerous problems have been reported with recently installed electric poles. Not all poles on Douglas Avenue have banner arms. The manufacturer has recommended adding banner arms to them. The manufacturer would cover the expense of the placement, but the arms would not match. Another recommendation was to move the poles with banner arms from side streets to Douglas Avenue. An additional problem is not all poles have electricity. A change order of approximately $14,000 would be necessary to put electric sockets on roughly ½ of the poles.

Irene Pacey submitted her priorities for Capital Improvements and Municipal Equipment. Alan Stefek inquired if the new lift station is operable. There is one minor problem with the station, but it is being addressed by the contractor.

Irene Pacey then motioned Council enter Executive Session with the City Administrator, at 8:40 P.M. for the purpose of discussing non-elected personnel and the Council return to the recessed meeting at 8:50 P.M. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 8:40 P.M. and returned to the recessed meeting at 8:50 P.M. Alan Stefek motioned to approve a merit increase, as recommended by the City Administrator, for Clarissa Cunningham based on her annual review. 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 February 8, 2010.

Patti L. Booher

City Clerk

December, 2009

2010-02-17T13:47:00.001-06:00

December 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; Harold Waymaster, Water/Sewer Department; Linda Denning, Ellsworth County Independent Reporter and David Cranston, Kirkham Michael.

The first item of the meeting was the consent agenda consisting of the minutes from the November 23, 2009 meeting, Claims Ordinance #A01-1109 and CMB Licenses for the following businesses: El-Kan Western Riders, American Legion Paul Aylward Post #174, National Drovers Hall of Fame Association, Ampride Convenience Store, KwikShop, Inc., Pizza Hut of Ellsworth, Casey’s Retail Company, Jeff A. Gose (Gene Heartland Foods), City of Ellsworth Municipal Golf Course, Duckwall-ALCO Stores, Inc., Coach and Four Bowling Lanes, Inc. and Karen Paden. Alan Stefek motioned to approve the consent agenda. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

David Cranston, Kirkham Michael Engineers addressed Council. Mr. Cranston reported progress continues to be made on the Waste Water Treatment Project. The contractor still anticipates concluding the project near the end of the year. Mr. Cranston reviewed issues that had arisen during construction. Several problems will still need to be addressed, and which party will be accountable for the expense, to resolve the discrepancies.

Timothy Vandall, City Administrator, reported the Downtown Streetscape project is almost complete. A large area of concrete still needs to be poured at EES. Also the street lights should arrive later in the week. The portion of East First Street that was not included in the final plans has been addressed. Council verbally approved the change order.

Mr. Vandall also reported the apron project at the airport had been completed. A final walk through was done last week. Mr. Vandall, members of the Airport Advisory Board and the engineers for the project were all in attendance for the inspection. Carey Hipp, City Attorney, on behalf of the City, has entered into a contract with an appraiser for the possible acquisition of land to expand the airport.

Irene Pacey motioned to approve Pay Request #6 from APAC-Kansas, Inc., Shears Division. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. Alan Stefek motioned to approve Pay Request #3 from Heartsone, Inc. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried. Alan Stefek then motioned to approve Pay Estimate #2 from Smoky Hill, LLC. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.

The following resolution was presented for Council action:

A RESOLUTION CONCERNING SERVICE, LICENSE AND PERMIT FEES WITHIN THE CORPORATE LIMITS AND SERVICE AREA OF THE CITY OF ELLSWORTH, KANSAS.

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 14-1209A.

Following discussion, the proposed 2010 Pay Plan was tabled until the December 28^th meeting.

Alan Stefek reported he had been contacted by a local businessman wanting to place a 2^nd portable storage container on his commercial property. After review of code 8.30.030 F, Alan Stefek motioned Coach and Four Bowling Lanes be permitted to place a 2^nd storage container on their property. Irene Pacey seconded the motion. When put to vote al vote aye. Motion carried.

Cole Worrell informed Council he had received complaints concerning snow removal in the parking area of the Post Office. It is not the City’s responsibility to remove the snow from that area.

Mr. Vandall then reported the projected numbers for the 2009 numbers are within 2010 Budget projected amounts. Also there will be no Planning Commission meeting during December. The next meeting will be held January 27, 2010. The City Inspector’s Report will be available for the next Council meeting.

Mr. Vandall relayed positive comments for both the Recreation Department (for the numerous programs offered) and the Street Department (for recent snow removal). Mr. Vandall inquired if employees will be permitted to leave following the Holiday Lunch scheduled for December 18^th. Council agreed to allow employees to take the rest of the day off following the lunch. Council also consented to purchasing $50.00 in Chamber Certificates for employees.

Mr. Vandall informed Council he is working with ECMC to begin an instant notify system in case of an emergency or natural disaster. The notification would be via text messaging or telephone. Mr. Vandall is also awaiting more bids for repair of the Recreation Center roof.

A bid has been received to remove the trailer and house on S. Lincoln Avenue. The Administrator will seek additional bids and report back to Council. Mr. Vandall will approach the County Commissioners requesting they waive tipping fees at the landfill.

Alan Stefek motioned Council enter Executive Session with the City Administrator at 7:50 P.M. for the purpose of discussing non-elected personnel and the Council return to the regular meeting at 7:55 P.M. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 7:50 P.M. and returned to the regular meeting at 7:55 P.M. Alan Stefek motioned to increase Verle Willey from Step 9.5 to step 10 on the approved pay plan. John Whitmer 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 December 28, 2009.

Patti L. Booher

City Clerk

December 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, Mary Wires and Cole Worrell. Council members Alan Stefek and John Whitmer were absent.

Also in attendance were Timothy Vandall, City Administrator; Carey Hipp, City Attorney; David Smith, Chief of Police; John Kerschner, Water/Sewer Superintendent; Josh Beckman, Kirkham Michael Engineers, David Buchholz, Water/Sewer Department and Linda Denning, Ellsworth County Independent Reporter.

The Clerk presented 2 requests for extensions on Water/Sewer terminations. Cole Worrell motioned to approve the requests. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.

Irene Pacey motioned to approve the consent agenda consisting of the minutes of the December 14, 2009 meeting. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried.

John Kerschner, Water/Sewer Superintendent, gave an update on continuing progress associated with the Wastewater Treatment Plant. John Halbgewachs is awaiting further information from APAC Shears regarding a grade issue and the breakdown of expenses to refurbish the shed at the treatment plant.

Tim Vandall, City Administrator, reported an appraiser has been contracted to work at the airport in anticipation of land acquisition for airport improvements. Mr. Vandall also informed Council the light poles for the Streetscape have arrived and are being placed. The project will be expanded to include a portion of E. First Street that had been previously been omitted. The State will not participate in this section of the project. A punch list is being kept to assure all minor damages will be repaired.

The 2010 Proposed Pay scale was tabled until January 11, 2010.

Mr. Vandall gave a brief overview of the City Inspector’s Report. He then reviewed the proposed CIP and Municipal Equipment Brochure. The goal of the brochure is to promote positive citizen participation. Mr. Vandall intends to present Council with a revised Capital Improvement and Municipal Equipment Funds plan in the near future.

Mr. Vandall then reported he and the Chief of Police had attended a County Commissioners meeting. The Commissioners were receptive to the idea of helping with the situation of dilapidated buildings within the City. Mr. Vandall will be preparing a list of the top 10 structures needing attention.

Mr. Vandall noted work continues on the Total Notify System. This undertaking would be in conjunction with Ellsworth County Medical Center and the County. Currently costs are being considered..

Mr. Vandall next presented a plaque and Lowe’s Gift Card to John Kerschner. Mr. Kerschner will retire December 31, 2009. Many projects have been completed while Mr. Kerschner has been in the Water/Sewer Department.

Irene Pacey then motioned Council enter Executive Session with the City Administrator, at 7:26 P.M. for the purpose of discussing non-elected personnel and the Council return to the recessed meeting at 7:31 P.M. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 7:26 P.M. and returned to the recessed meeting at 7:31 P.M. Cole Worrell motioned to approve a merit increase for Officer Roger Paulson to a Step 9.5 on the approved pay scale. Mary Wires 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 January 11, 2010.

Patti L. Booher

City Clerk

November, 2009

2009-12-30T14:11:00.001-06:00

November 9, 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; Carey Hipp, City Attorney; Ron Tenbrink, Recreation Director; Harold Waymaster, Water/Sewer Department; Linda Denning, Ellsworth County Independent Reporter; and Don Cikanek.

Cole Worrell questioned the electric bill at the pool and the telephone bill for the airport. The Clerk explained the airport has 2 lines and the Recreation Director noted the pumps are still running at the pool. Cole Worrell then motioned to approve the consent agenda consisting of Claims Ordinance #A01-1009 and minutes of the October 26, 2009 meeting. John Whitmer 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. Following discussion Cole Worrell motioned to approve a 60 day extension. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.

Timothy Vandall, City Administrator, reported the Downtown Streetscape project continues to make good progress. The contractor has begun placing bricks in the project. There is a possibility the trees that have been planted are not within the specifications of Ordinance #3005. This concern will be raised at the Streetscape meeting to be held on November 10^th. Mr.Vandall assured the Council the fencing at the Elementary School will be financed by U.S.D. #327. Also several accidents have occurred in the downtown area. All incidents have been forwarded to Heartstone, Inc. Mr. Vandall requested he be contacted if a safety issue arises.

Alan Stefek inquired what affect road salt and de-icer would have on the trees and bushes. Mr. Vandall with contact the Street Superintendent for information regarding the concern. Cole Worrell inquired of the ramp on W. Second Street. Mr. Vandall informed Council the ramp was in the original plans but listed as a ramp only. The plans did not have length, height or grade included. The ramp will be constructed and the cost will be assessed to the City in a change order.

The Wastewater treatment plant continues to make progress. There has been no resolution to the lack of access at the lift station. The contractor continues to stay on schedule. Mr. Vandall also requested Council review the proposed Comprehensive Plan. The proposed plan is more detailed than the current ordinance.

Alan Stefek motioned to approve Pay Request #5 from APAC-Kansas, Inc., Shears Division. Irene Pacey second the motion. When put to vote all vote aye. Motion carried.

Council next reviewed the current fee schedule as approved by Resolution 22-1208A. Mr. Vandall is not proposing any changes other than raising the cost of diversions. Carey Hipp, City Attorney responded her fees are covered by the current diversion fees and she would not recommend the amount be raised. Cole Worrell inquired if the Golf Advisory Board recommended an increase in fees for 2010. A golf advisory board meeting is scheduled for November 10^th and more information will be available following the meeting.

Mayor Bahan reported he enjoyed the League of Kansas Municipalities Regional Supper. Mayor Bahan the supper with Council members Pacey and Whitmer.

Ron Tenbrink, Recreation Director addressed Council requesting the insurance money received for damage to the Recreation Center roof due to a hail storm be diverted to improvements on the ball fields. Mr. Tenbrink informed Council the roof had been leaking prior to the storm. Many of the lights do not work and the facility either needs a great deal of maintenance or should be removed. Council instructed Mr. Vandall to get estimates to repair the roof.

Mr. Tenbrink also inquired what would be done with the old street lighting from the downtown area. A citizen recommended the lights be placed on Evans Street.

Carey Hipp, City Attorney, reported the FAA has given permission to pursue the purchase the land that has been previously discussed for the improvement plan at the airport. Ms Hipp will be contacting appraisers to appraise the 2 tracts of land.

Mr. Vandall informed Council the Clerk’s Office has had new cabinets installed. The floor of the meeting room at the golf course is beginning to show wear. Alternate flooring is being considered. Also, Mr. Vandall reported the Golf Course Superintendent is pricing new mowers and the Water/Sewer Department has been testing a used Jetvac truck.

Mr. Vandall recognized the Fire Department for helping with the Opera House fire in Wilson. He then inquired if the City would consider donating a portion of Homolka Subdivision for a daycare center. Council would entertain the idea when more information is available.

Also Mr. Vandall asked if the Council wishes to hold an employee dinner in December. The dinner was scheduled for December 18^th.

Alan Stefek motioned Council enter Executive Session with the City Administrator and City Attorney at 8:02 P.M. for the purpose of discussing non-elected personnel and the Council return to the regular meeting at 8:07 P.M. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 8:02 P.M. and returned to the regular meeting at 8:07 P.M. No action was taken.

There being no further business on proper motion the meeting was regular until November 23, 2009.

Patti L. Booher

City Clerk

November 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, John Whitmer, Mary Wires and Cole Worrell. Council member Alan Stefek was absent.

Also in attendance were Timothy Vandall, City Administrator; Carey Hipp, City Attorney; David Smith, Chief of Police; John Kerschner, Water/Sewer Superintendent; Harold Waymaster, Water/Sewer Department; Linda Denning, Ellsworth County Independent Reporter; Jon Halbgewachs and David Cranston, Kirkham Michael Engineers and students from EHS Government class.

The Clerk presented 3 requests for extensions of scheduled Water/Sewer terminations. Cole Worrell motioned to approve the requests. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.

Irene Pacey motioned to approve the consent agenda consisting Claims Ordinance #01-1009 and minutes of the November 14^th, 2009 meeting. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

John Halbgewachs and David Cranston presented an update on the Waste Water Treatment Plant. The project should be completed by the end of the year. Previously reported issues are being addressed. Several change orders for other items will be required.

Timothy Vandall, City Administrator, then reviewed the Project Board. Street lights for the downtown project should be delivered approximately December 15^th. Several of the trees planted in the area were not approved species. The issue has been resolved. Mr. Vandall reported salt usage within the project should be kept to a minimum. The area east of Lyons State Bank has not been included in the work completed to date. Mr. Vandall is researching to determine why the section was not included.

Irene Pacey motioned to waive the facility user fee for use of the gymnasium and donate $300 to the Afterprom Committee. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.

Carey Hipp, City Attorney, explained the need for the Revised Scope and Fee to Provide Engineering Services for the Ellsworth Municipal Airport Land Acquisition Process. Although the City has entered into a 5-year agreement with HWS, the FAA has additional requirements to continue with land acquisition. John Whitmer motioned to approve the document. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Mayor Bahan noted property owners should be notified prior to tree removal on their property.

John Kerschner, Water/Sewer Superintendent, next approached the Council seeking approval for the purchase of a jet/vac truck. Mr. Kerschner reviewed information for two trucks. The Water/Sewer Department has been putting money into the Municipal Equipment Fund for several years to allow funding for the purchase. After discussion Mr. Kerschner recommended purchasing the truck from Key Equipment. Mr. Kerschner then reported his intention to retire December 31, 2009. John Whitmer motioned to approve the purchase of a jet/vac truck from Key Equipment not to exceed $110,000. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.

Chief Smith reported his department is no longer considering the purchase of a 4-wheel drive vehicle for this fiscal year. Mr. Smith also informed the Council the County Attorney has agreed to purchase cameras for the squad cars. Light bars are still needed to replace the older models on the cars. The Chief is pricing the units through the State Contract.

Mr. Vandall assured Council trees will not be removed without first contacting property owners. Mr. Vandall also reported the Ellsworth County Independent Reporter will be donating funds to the Cats in Action Program.

The Golf Course Advisory Board has recommended two options as possible resolutions to the ownership of cart sheds on City owned land. Both options were discussed at length. Cole Worrell motioned to approve Option 1 as recommended by the Golf Course Advisory Board. Irene Pacey seconded the motion. Money will need to be set aside in future budgets for the purchase of the sheds per the approval of Option #1. When put to vote all vote aye. Motion carried.

Mr. Vandall then reported 1 bid has been received for repair to the roof on the Recreation Center. Review of the Administrator’s recommendation for a new City Pay Plan was next discussed along with a Cost of Living Allowance for employees. The Council agreed to allow employees Christmas Eve day as a paid holiday in lieu of the 2010 COLA.

There being no further business on proper motion the meeting was adjourned until December 14, 2009.

Patti L. Booher

City Clerk

October, 2009

2009-11-17T10:41:00.000-06:00

October 12, 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; Linda Denning, Ellsworth County Independent Reporter; Josh Beckman, Kirkham Michael and Don Cikanek.

Alan Stefek motioned to approve the consent agenda consisting of Claims Ordinance #A01-0909 and minutes of the September 14 and 28, 2009 meetings. Cole Worrell 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 project continues to make good progress. There may be some inconveniences during construction but every effort will be made to accommodate businesses and their customers. Mr. Vandall requested he be contacted if an issue arises. Mr. Vandall then reported work on the airport apron continues to stay on schedule. There may be delays with both projects due to wet weather.

Mr. Vandall also reported progress continues to be made at the Waste Water Treatment Plant.

Irene Pacey motioned to approve Pay Estimate #4 – from APAC-Kansas, Inc., Shears Division. Cole Worrell seconded the motion. When put to vote all vote aye.

Mayor Bahan and Council member Pacey gave a brief synopsis of concurrent work sessions attended while at the League of Kansas Municipalities Conference. Both indicated they enjoyed the conference.

Mr. Vandall then reported he would like the City to begin producing a Capital Improvement Plan and Municipal Equipment Plan in an easy to read format. A copy of the plans would be available at City Hall for anyone that would like one. Mr. Vandall next informed Council a Planning Commission meeting covering the Comprehensive Plan will be held on October 28^th at 6:30 P.M.

Mr. Vandall next noted work is being done on the bridge on 4^th Street. Mayor Bahan remarked he has received positive comments about the curb at the Lutheran Church.

John Whitmer motioned Council enter Executive Session with the City Administrator at 7:22 P.M. for the purpose of discussing non-elected personnel and the Council return to the regular meeting at 7:32 P.M. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 7:22 P.M. and returned to the regular meeting at 7:32 P.M. Alan Stefek then motioned Council enter Executive Session with the City Administrator at 7:32 P.M. for the purpose of discussing non-elected personnel and the Council return to the regular meeting at 7:42 P.M. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 7:32 P.M. and returned to the regular meeting at 7:42 P.M. Alan Stefek motioned to approve a merit increase for the City Clerk from step 5 to step 6 on the approved pay scale. Cole Worrell seconded the motion. When put to vote all aye. Motion carried.

John Whitmer motioned to enter Executive Session with the City Administrator for the purpose of discussing acquisition of real property at 7:44 P.M. and return to regular meeting at 7:49 P.M. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 7:44 P.M. and returned to the regular meeting at 7:49 P.M. No action was taken.

There being no further business on proper motion the meeting was regular until October 26, 2009.

Patti L. Booher

City Clerk

October 26, 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; John Kerschner, Water/Sewer Superintendent and Linda Denning, Ellsworth County Independent Reporter.

The Clerk presented 3 requests for extensions for Water/Sewer terminations. Irene Pacey motioned to approve the requests. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Alan Stefek motioned to approve the consent agenda consisting of the minutes of the October 12, 2009 meeting. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.

Timothy Vandall, City Administrator, reviewed the Project Board. Mr. Vandall reported the contractor has started laying bricks in the Streetscape project. The project is currently on schedule despite inclement weather. There have been two accidents involving the project and those individuals have been directed to contact Heartstone, Inc., contractor for the project. Mayor Bahan inquired as to the status of a ramp to be constructed on the south side of 302 N. Douglas Avenue in conjunction with the project. Mr. Vandall reported it would be a change order and would cost approximately $6,000. Further investigation is required to determine what party is responsible for the cost. John Whitmer inquired if fall was good time to plant trees. Mr. Vandall will consult with Josh Webb concerning the planting of trees and shrubs during the fall.

Mr. Vandall also informed Council Smoky Hill Construction has completed the majority of the work on the apron at the airport. This project should be complete ahead of schedule.

John Kerschner, Water/Sewer Superintendent gave an update of the Waste Water Treatment Plant project. Several concerns have been noted and Mr. Kerschner is awaiting solutions from the engineer and contractor. Mr. Kerschner will keep the Council apprised of the situation and resolution of the issues.

The 2008 Audit was the next item on the agenda. Mr. Vandall and the Clerk explained funds from 2007 Transportation Development District Bond Issue had not been included in the financial statements of the City. The funds have now been added to reflect the amount held by Citizens State Bank along with all other funds of the City. Irene Pacey motioned to approve the 2008 Audit. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried.

Irene Pacey requested the Mr. Vandall’s name be placed on the Contractor Checklist for Building Permit Consideration form. Mrs. Pacey also noted the roof on the shed under the water tower located at Webb Street and E. Second Street has loose shingles and needs to be repaired.

Mr. Vandall reported he and the Water/Sewer Superintendent continue to working to become a member of the Kansas One Call program. Mr. Vandall next informed Council the Planning Commission will meet on October 28 for the purpose of reviewing the proposed changes to the Comprehensive Plan and Zoning.

Mr. Vandall also reported an energy audit has been completed and the auditing company did not find any significant problems. Mr. Vandall then spoke on the importance of citizens input in relation to the CIP and ME Plans.

Alan Stefek motioned Council enter Executive Session with the City Administrator, City Attorney and the Chief of Police at 7:41 P.M. for the purpose of discussing non-elected personnel and the Council return to the recessed meeting at 7:46 P.M. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 7:41 P.M. and returned to the recessed meeting at 7:46 P.M. Alan Stefek motioned to approve a merit increase for Officer David Tudor to a Step 7 on the approved pay scale. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.

John Whitmer 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 8:00 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 recessed meeting at 8:00 P.M. Alan Stefek motioned to approve a merit increase for the Street Superintendent to a step 7 on the approved pay scale. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried. Irene Pacey then motioned to approve a merit increase for the Water Distribution Foreman to Step 9.5 on the approved pay scale. Alan Stefek 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 November 9, 2009.

Patti L. Booher

City Clerk

September, 2009

2009-10-19T10:12:00.001-05:00

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

August, 2009 Minutes

2009-09-15T09:05:00.001-05:00

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 17^th 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, 11^th Street in front of the High School, and Lincoln Ave by Coach & Four Bowling. In the near future they will be working on Stanberry & 10^th 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 4^th 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 25^th 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

City Clerk

July, 2009 Minutes

2009-09-15T08:59:00.000-05:00

July 6, 2009

The Ellsworth City Council held a Special Meeting at 6:00 P.M. on the above date in Council Chambers at City Hall for the purpose of a conducting a 2010 Budget Work Session.

Mayor Stephen Bahan opened the meeting with the following Council members present Irene Pacey, Alan Stefek, John Whitmer, Mary Wires and Cole Worrell.

Also in attendance was Timothy Vandall, City Administrator.

Mr. Vandall reviewed the Proposed 2010 Budget for all funds.

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

Patti L. Booher

City Clerk

July 13, 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 Alan Stefek, John Whitmer, Mary Wires and Cole Worrell. Council member Irene Pacey was absent.

Also in attendance were David Smith, Chief of Police; John Kerschner, Water/Sewer Department; Ron Tenbrink, Recreation Director; Curt Glaser, Kristen Haase, First Bank Kansas and Linda Denning, Ellsworth County Independent Reporter.

Cole Worrell motioned to approve the consent agenda consisting of Claims Ordinance #A06-0109 and Minutes of the June 8^th with corrections and the June 22^nd, 2009 meetings. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried.

Timothy Vandall reported the Downtown Streetscape project has been approved by the KDOT. The bid process for construction of the project has started and bids will be opened prior August 10^th meeting. John Kerschner reported on the progress being made at the Waste Water Treatment Plant.

The Contract for Architectural/Engineering Services (Cost Plus Net Fee Agreement) was presented for Council action. The contract is William Morris as Project Manager and Architect of the Downtown Street Project. Alan Stefek motioned to approve the contract. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Cole Worrell then motioned to approve Pay Estimate #2 for APAC-Kansas, Inc., Shears Division. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried.

The following ordinance was presented for Council action:

AN ORDINANCE APPROVING THE PLAT OF FIRST BANK KANSAS ADDITION, BEING A REPLAT OF AYLWARD ADDITION AND A PORTION OF HOSPITAL ADDITION IN THE CITY OF ELLSWORTH, ELLSWORTH COUNTY, KANSAS.

Curt Glaser, First Bank Kansas presented the plat and explained changes to the Aylward and Hospital Additions. Following explanation Alan Stefek motioned to approve the ordinance. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 3002.

The Chief of Police gave a brief update on a nuisance property on Lincoln Avenue. The inside of the home is being cleaned and appropriate steps are being taken to abate the dangerous structures.

Ron Tenbrink, Recreation Director, recommended the City assume responsibility of the CATS In Action Program. The program began as a grant through the Ellsworth County Extension Office. The funds for the grant have been expended. Following discussion Council instructed Mr. Tenbrink to calculate the cost of the program and return to Council to report with his findings.

Cole Worrell inquired if the City is a member of Kansas One Call. Currently the City is not participating in the program. The Administrator will check on requirements and expense associated with the program. John Whitmer then inquired if the Administrator had visited with Bob Panzer concerning the closing of a City street. Mr. Vandall reported he had and recommended Council drive by the area in question. Mr. Kerschner indicated he would not be in favor of closing the street.

Construction of the Apron Rehabilitation will begin soon. Construction should be completed within 50 days once started. Also, success has been seen at the driving range. Josh Webb will continue to monitor progress.

Mr. Vandall informed Council John Riggs of Riggs & Associates will be holding a public meeting with an update of the Comprehensive Plan to date. The meeting is scheduled for Wednesday July 29^th at 1:00 P.M. Mr. Vandall also reported he continues to work with Jim Zamrzla, Street Superintendent, to issue building permits.

Alan Stefek motioned to enter Executive Session with the City Administrator and Water/Sewer Superintendent at 7:50 P.M. for the purpose of discussing preliminary matters relating to the acquisition of real property and the Council return to open session at 8:00 P.M. Mary Wires 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 7:50 P.M. and returned to the regular meeting at 8:00 P.M. Cole Worrell motioned Council enter Executive Session with the City Administrator at 8:01 P.M. for the purpose of discussing non-elected personnel and the Council return to open session at 8:11 P.M. The executive session is required to protect the privacy interests of an identifiable individual. John Whitmer seconded the motion. When put to vote all vote aye. Motioned carried.

Council entered Executive Session at 8:01 P.M. and returned to the regular meeting at 8:11 P.M. No action was taken.

There being no further business on proper motion the meeting was recessed until July 27, 2009 at 7: P.M.

Patti L. Booher

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, Mary Wires and Cole Worrell. Council member John Whitmer was absent.

Also in attendance were Timothy Vandall, City Administrator; Carey Hipp, City Attorney; Ron Tenbrink, Recreation Director and Linda Denning, Ellsworth County Independent.

Timothy Vandall, City Administrator, reviewed the Project Board. Updates reported included construction beginning soon on the sign in the Transportation Development District and the WWTP construction is on schedule. An additional change order for the project has been received and will be reviewed by the Water/Sewer Superintendent prior to any action on the change order.

Mr. Vandall then requested Council guidance regarding trees included in the Streetscape Project. Following discussion Council instructed Mr. Vandall to draft a new Ordinance removing the Newport Plum and Winterking Hawthorne and replacing them with the Japanese Lilac, City Sprite Zelkova, Paperbark Maple and Chinese Pistache.

Alan Stefek then motioned to publish the notice of the 2010 Budget Public Hearing. The Hearing will be held on August 10, 2009 at 6:45 P.M. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Irene Pacey next motioned to approve the minutes from the July 13, 2009 meeting with corrections. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Ron Tenbrink, Recreation Director reported after reviewing the expenses associated with the Cats in Action program the Recreation Department budget would be absorb the additional cost. Council instructed Mr. Tenbrink to include the program as part of the recreational programs offerings for citizens.

Cole Worrell inquired if Don Lyne had been contacted in regards to his house located at First Street and Missouri Avenue. Mr. Vandall will contact Mr. Lyne. Mr. Worrell also recommended the Street Superintendent consult with Kirkham Michael to review State specifications for street signs.

Alan Stefek inquired if an exception can be made at the Golf Course for a Season Pass for an individual that has just taken up the game more than halfway through the year. Current policy requires customers pay for the entire year regardless of the date they begin their membership. After discussion Council agreed to an exception for Sam Karst.

Irene Pacey reminded the Administrator the Street Department needs to continue to identify signs throughout the City in need of repair, repainted or replacement. Mr. Vandall will pass the reminder the Street Superintendent.

Mrs. Pacey also inquired if any changes have been made to the water production or distribution process. Mrs. Pacey reported the water at her home has been a different quality than in the past. Mr. Vandall will visit with the Water/Sewer Superintendent regarding the issue.

Mr. Stefek requested the Police Department be more active in checking buildings for street numbers.

Carey Hipp, City Attorney recommended requesting the County waive some or all of the tipping fees at the Sanitary Landfill when the City removes a nuisance or dangerous structure.

Mr. Vandall reported that at the Street Superintendents’ recommendation, Nebraska Street will remain closed. Following discussion Council agreed with the Street Superintendents’ recommendation. Mr. Worrell stated his concern with the wash out at the corner of First Street and Nebraska Avenue. This concern will be communicated to the Street Department.

Mr. Vandall then informed Council that in conjunction with the Comprehensive Plan the City may want to consider also sending out a Community Satisfaction Survey. Mr. Vandall will have more information on the possibility of the survey at a later date.

Mr. Vandall then reported he has submitted a KLINK Grant application to KDOT. The grant would help with the expense of repaving of Douglas Avenue. Mr. Vandall next presented a map of Ellsworth Correctional Facility with proposed development.

In regards to a question concerning the mowing of greens at the Golf Course Mr. Vandall reported during dry weather the superintendent will not mow every day but will mow 6 of 7 days. The Superintendents’ concern is if the greens cut daily it may cause them to burn and need to be replaced.

Irene Pacey motioned Council enter Executive Session with the City Administrator, City Attorney and Recreation Director at 7:40 P.M. for the purpose of discussing non-elected personnel and the Council return to open session at 7:50 P.M. Cole Worrell seconded the motion. When put to vote all vote aye. Motioned carried. The executive session is required to protect the privacy interests of an identifiable individual.

Council entered Executive Session at 7:40 P.M. and returned to the recessed meeting at 7:50 P.M. No action was taken.

There being no further business on proper motion the meeting was adjourned until August 10, 2009.

Patti L. Booher

City Clerk

June, 2009

2009-07-16T16:00:00.001-05:00

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 6^th 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

City Clerk

May, 2009

2009-07-16T15:58:00.000-05:00

May 11, 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 Robert Homolka called the meeting to order. All Council members were present.

Also in attendance were Stephen Bahan, Mayor-elect; Timothy Vandall, City Administrator; David Smith, Chief of Police; John Kerschener, Water/Sewer Superintendent; Carey Hipp, City Attorney; Johnny Goddard and Bud Hachmeister, Ellsworth Correctional Facility; Dale Weinhold, Jim Homolka, and Loren Dees, Municipal Airport Advisory Board; Brad Waller, HWS Consulting; Linda Denning, Ellsworth County Independent Reporter and Mike Pflughoeft.

Alan Stefek motioned to approve the consent agenda consisting of Claims Ordinance #A04-0109. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.

Johnny Goddard and Bud Hachmeister, Ellsworth Correctional Facility approached Council to request assistance relocating the water service line at the facility. ECF is currently bidding to expand the facility by 100 minimum beds. If the legislature approves the expansion the waterline will need to be relocated. Following discussion no action was taken. Council will consider the matter at a later date.

Brad Waller, HWS Consulting, presented Council with the bid tabulation for apron rehabilitation at the Municipal Airport. Mr. Waller explained each of the proposals. Following discussion John Whitmer motioned to approve the low bid from Smoky Hill LLC for Apron Rehabilitation with Add Alternates 1, 2 and 3. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. Council instructed the City Administrator and Clerk to verify if additional funding is available for Add Alternate 4.

Chief of Police David Smith gave an update on the creation of the Ellsworth County Crime Stoppers Program. Following the update he requested funds previously pledged for conviction of the person(s) committing arson within the county be pledged to Crime Stoppers. Alan Stefek motioned to approve the request. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.

Timothy Vandall reported a Downtown Streetscape meeting will be held on May 12, 2009 at 6:30 P.M. at the Antique Mall. All Council members are invited to attend. Progress continues on test wells and WWTP.

At this time the Clerk swore in Stephen M. Bahan as Mayor followed by John J. Whitmer and Mary D. Wires as Council members. Mayor Bahan presided over the rest of the meeting.

Mary Wires nominated Alan Stefek to serve as Council President. Irene Pacey seconded the motion. Nominations were closed. When put to vote all vote aye. Motion carried.

Mayor Bahan made the following appointments:

City Clerk Patti L. Booher

Deputy City Clerk/Treasurer Angela S. Mueller

City Attorney Carey Hipp of Sherman, Hoffman & Hipp, L.L.C.

Newspaper Ellsworth County Independent Reporter

Depository Citizens State Bank & Trust Company

Judge Dale L. Urbanek

Police Chief David C. Smith

Irene Pacey motioned to approve the Mayor’s Appointments. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Mayor Bahan made the following Committee appointments:

Housing Authority Rick Garrett

Library Board Charles Huslig

Mark Klein

Tourism & Convention Victor Kumar

Georgina Bates

Janet Carswell

Timothy Vandall

Public Building Commission Richard Connelly

Planning Commission Mark Parsons

Golf Advisory Board Terry Maddox

Karlton Place

Alan Stefek motioned to approve the Mayor’s committee appointments. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.

Irene Pacey motioned to approve the Corporate Authorization Resolution #11-0509A. The Resolution is required to change approved signatures on file at the City Depository. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried.

Mayor Bahan stated he is glad to be serving as Mayor.

John Kerschner, Water/Sewer Superintendent addressed the request received from ECF earlier in the meeting. Mr. Kerschner recommended the water line be moved to the east side of the facility rather than being placed in the easement on the west side, should the proposed expansion be approved.

Irene Pacey reminded the Administrator and Police Chief she will be scheduling the quarterly substance abuse meeting.

Cole Worrell requested Don Lyne be contacted concerning lack of progress at the house he has been demolishing. Chief Smith will contact Mr. Lyne.

Mr. Vandall reported he has changed the language on the City Building Permits. It now states the City is not responsible for locating property boundaries and it is recommended for new construction of buildings the owner/agent should consult with a survey company. The Administrator also reported the dilapidated cart shed at the Golf Course will be razed by Street/ECF Parks personal. Determining owners of cart sheds continues to be difficult. Mr. Vandall informed Council the Club House will be open on Mondays between Memorial Day and Labor Day.

Mr. Vandall informed Council he will be reviewing the Employee Handbook with Department Heads to determine if any policy changes should be made. He then explained following State approval of the proposed Plan the Flood Plain Ordinance will be an action item on an upcoming agenda. Mr. Vandall also reported he has received a request to use a vacant lot owned by the City for tank storage. Discussion concerning the request ended with the Administrator being instructed to determine if the storage would be harmful to natural resources in the area including the City’s water supply.

Mayor Bahan inquired if the City has considered incorporating a credit/debit card system at the Golf Course. Mr. Vandall will check on the possibility.

Irene Pacey motioned to enter Executive Session with the City Administrator and City Attorney at 8:20 P.M. for the purpose of discussing preliminary matters relating to the acquisition of real property and the Council return to open session at 8:30 P.M. Cole Worrell 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 8:20 P.M. and returned to recessed meeting at 8:30 P.M. Alan Stefek motioned Council enter Executive Session with the City Administrator and Attorney at 8:40 P.M. for the purpose of discussing preliminary matters relating to the acquisition of real property and the Council return to open session at 8:40 P.M. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 8:30 P.M. and returned to recessed meeting at 8:40 P.M. Alan Stefek motioned Council enter Executive Session with the City Administrator and Attorney at 8:40 for the purpose of discussing preliminary matters relating to the acquisition of real property and the Council return to open session at 8:50 P.M. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 8:40 and returned to the recessed meeting at 8:50 P.M. Irene Pacey motioned to authorize the City Attorney to pursue land acquisition adjacent to the Municipal Airport. John Whitmer seconded the motion. When put to vote all vote aye.

Alan Stefek motioned to hold the recessed Council meeting on May 26, 2009 at 7:00 P.M. The originally scheduled meeting date falls on Memorial Day which is the 25^th of the month. John Whitmer 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 May 26, 2009 at 7: P.M.

Patti L. Booher

City Clerk

May 26, 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; John Kerschner, Water/Sewer Superintendent; David Smith, Chief of Police and Linda Denning, Ellsworth County Independent Reporter.

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

Irene Pacey motioned to approve the consent agenda consisting of minutes of the April 27 and May 11, 2009 meetings. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

A review of the Project Board included updates on the Streetscape, the signage in the TDD Project and construction at the WWTP.

Alan Stefek motioned to approve Add Alternate #4 on the Apron Rehabilitation Project at the Municipal Airport. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Timothy Vandall, City Administrator, reviewed changes to the Floodplain Management Ordinance. No action is requested on the ordinance at this meeting.

The Clerk next read the Proclamation Declaring May 24 – 30 Good Samaritan Society – Ellsworth Village Homecoming Week. Irene Pacey motioned to approve the Proclamation. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried.

Chief Smith reported the Crime Stoppers Program has begun. There will be an official press release in the Ellsworth County Independent Reporter on May 4^th. Chief Smith thanked Council for their support of the program.

John Kerschner, Water/Sewer Superintendent reported construction at the WWTP has begun. Progress should be visible soon.

Irene Pacey reported the quarterly meeting of the Substance Abuse Committee had been held and there is nothing new to report.

John Whitmer inquired if any bids had been sought to relocate the Waterlines at the Correctional Facility to provide water for a proposed expansion. Discussion followed including possible funding for the relocation of the line. Property ownership also was discussed. Further research will be completed.

Mr. Vandall gave a brief overview of golf course carts and cart sheds. Mr. Vandall also noted 2010 Budget work continues. Currently he is waiting for the final assessed value from the County Clerk. Mr. Vandall’s final report was in reference to a request for use of City land for a storage area. After review of the possible environmental concerns the project is not currently being considered.

Chief Smith gave an overview of the current procedure used for nuisances. Following discussion the Chief will consider a different procedure to follow.

There being no further business on proper motion the meeting was adjourned until June 8, 2009.

Patti L. Booher

City Clerk

April, 2009

2009-07-16T15:56:00.001-05:00

April 13, 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 Robert Homolka called the meeting to order. All Council members were present.

Also in attendance were Timothy Vandall, City Administrator; David Smith, Chief of Police; John Kerschener, Water/Sewer Superintendent; James Zamrzla, Street Superintendent; Linda Denning, Ellsworth County Independent Reporter and Sharon Haverkamp.

Irene Pacey motioned to approve the consent agenda consisting of the minutes of the March 9 & 23, 2009 meeting and Claims Ordinance #A03-0109. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Timothy Vandall, City Administrator, gave the following updates on the Project Board; the fence at Alco should be complete within 2 weeks. The fence is part of the TDD project. Construction of the City of Ellsworth sign near Gene’s Heartland Foods should begin over the summer. The sign is also part of the TDD project.

Mr. Vandall then reported construction at the WWTP will begin in early May and should be completed approximately in approximately a year later and progress continues to be made on the Streetscape. The bid process should begin in May.

The Clerk read the proclamation naming April as Fair Housing Month in the City of Ellsworth. Alan Stefek motioned to approve the proclamation. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Jim Zamrzla presented ordinances and the platted map relating to an alley located in Blake’s Addition to the City. The alley is open but there is no access to it. Council reviewed the materials and Mrs. Pacey requested Floyd Kempke be contacted concerning access to the alley.

The Chief of Police reported a citizen has been towing a plane from the airport to a shop on State Street to perform maintenance on the aircraft. The Police Department has informed the individual it is illegal to tow the airplane on City streets. The owner of the aircraft has requested documentation on the violation and the Chief of Police will provide the information.

Jon Halbgewachs arrived at the meeting at that time and explained to the Council the importance for support of a new state wide comprehensive transportation program. The following resolution was then presented for Council action:

A RESOLUTION ENDORSING TRANSPORTATION IMPROVEMENTS FOR THE CITY OF ELLSWORTH, KANSAS CONCERNING THE ENACTMENT BY THE KANSAS LEGISLATURE OF A NEW STATE WIDE COMPREHENSIVE TRANSPORTATION PROGRAM.

Cole Worrell motioned to approve the resolution. Alan Stefek seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 13-0409A.

Alan Stefek inquired if it is required by ordinance the City Administrator act solely as City Inspector or if others are permitted to assist with the responsibilities of the position. Following discussion it was determined the Street Supervisor will work with the Administrator on future Inspector duties.

Mr. Vandall reported an Employee Retreat is scheduled on April 15^th from 1:00 to 5:00 P.M. The 2010 Budget will be discussed. Mr. Vandall also noted Department Heads have been preparing requests for their departments for the 2010 budget. Mr. Vandall’s goal is to keep a stable mill levy for the City.

Mr. Vandall will be meeting with the Streetscape architect, Bill Morris on April 14^th to review and become better informed on the project. Mr. Vandall reported Ellsworth Family Connections Center has received notification their State Funding has been cut by $11,000. Mr. Vandall will be meeting with a member of their board later in the week to determine what help, if any, the City will be able to provide.

The airport apron project continues to make progress. John Whitmer inquired if are any developments on other projects be planned at the airport. An Executive Session will be held following other business to discuss the proposed plans.

The Clerk reported the 2009 Budget is being closely monitored and should a budget amendment be required it will be presented in November or December.

John Whitmer motioned Council enter Executive Session with the City Administrator at 7:33 P.M. for the purpose of discussing preliminary matters relating to the acquisition of real property and the Council return to open session at 8:05 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 in Executive Session at 7:33 P.M. and returned to recessed meeting at 8:03 P.M. No action was taken.

There being no further business on proper motion the meeting was recessed until April 27, 2009 at 7: P.M.

Patti L. Booher

City Clerk

April 27, 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 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 Timothy Vandall, City Administrator; Carey Hipp, City Attorney; Linda Denning, Ellsworth County Independent Reporter and Sharon Haverkamp. Chris Cain arrived at the meeting at 7:05 P.M. and Harold Waymaster arrived at 7:10 P.M.

The Clerk presented a request for an extension of a pending water/sewer termination. Alan Stefek motioned to approve the request. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Cole Worrell motioned to approve the consent agenda consisting of minutes of the April 13, 2009 meeting. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.

A review of the Project Board included Timothy Vandall, City Administrator, informing Council progress continues to be made on the test wells. Mr. Vandall inquired if any Council members had any recommendations for additional/different uses for the Recreation Center. It is currently used for storage.

Mr. Vandall reported the final Downtown Streetscape plans have been submitted to the State for approval. Once approved bidding will begin.

Mayor Homolka requested Building Permits include a disclaimer similar to “the City is not responsible for determining property boundaries. It is recommended for new construction of buildings you consult with a survey company.” The language will be added.

Chris Cain requested an extension until May 31^st on his water/sewer termination. Irene Pacey motioned to approve the request. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.

Cole Worrell requested the emergency siren at Ellsworth Correctional Facility be tested. Mr. Worrell was unable to here the siren during a recent tornado warning. Mr. Vandall will have the Fire Chief check the siren for proper operation.

Mr. Vandall reported he and the Chief of Police have met with Darrell Choitz concerning towing aircraft on city streets. Mr. Choitz has received copies of ordinances and state statutes regarding the issue.

The next item Mr. Vandall reported on is the condition of a cart shed at the municipal golf course. The shed is close to collapsing. The shed is owned privately but is on City property. Mr. Vandall then inquired the reasoning behind closing the golf course on Mondays. Mr. Vandall will contact the Golf Course Superintendent concerning these matters.

Alan Stefek motioned to enter Executive Session with the City Administrator and City Attorney at 7:35 P.M. for the purpose of discussing preliminary matters relating to the acquisition of real property and the Council return to open session at 7:45 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 7:35 P.M. and returned to recessed meeting at 7:45 P.M. John Whitmer motioned Council enter Executive Session with the City Administrator at 7:46 P.M. for the purpose of discussing non-elected personnel and the Council return to the open session at 7:56 P.M. Cole Worrell 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 7:35 P.M. and returned to recessed meeting at 7:46 P.M. Alan Stefek motioned Council enter Executive Session with the City Administrator at 7:46 P.M. for the purpose of discussing non-elected personnel and the Council return to open session at 8:05 P.M.

Council entered Executive Session at 7:46 P.M. and returned to recessed meeting at 8:05 P.M. Alan Stefek motioned to increase the Golf Course Superintendent to a step 5 on the City of Ellsworth approved pay plan. John Whitmer 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 May 11, 2009.

Patti L. Booher

City Clerk

March, 2009

2009-07-16T15:52:00.001-05:00

March 9, 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 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 Timothy Vandall, City Administrator; Carey Hipp, City Attorney; David Smith, Chief of Police; John Kerschener, Water/Sewer Superintendent; Jam Zamrzla, Street Superintendent; Linda Denning, Ellsworth County Independent Reporter and Sharon Haverkamp.

Alan Stefek motioned to approve the consent agenda consisting of the minutes of the February 23, 2009 meeting and Claims Ordinance #A02-0109. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.

Timothy Vandall, City Administrator, had no updates for items on the Project Board.

The Clerk next presented a resolution replacing Jonathan Mitchell, previous Administrator with Timothy Vandall, current Administrator on the City Depository signature card. Irene Pacey motioned to approve the resolution. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered 09-0309A.

Jim Zamrzla, Street Superintendent requested Council guidance for the proposed Chip and Seal Project for 2009. Due to cut backs at the State level the City may not receive the all the funding budgeted for the fiscal year. Mr. Zamrzla requested the program be postponed for one year and the funds received each year be budgeted the following year.

The Mayor indicated crack sealing would have to become a priority if the streets were not going to receive Chip and Seal in 2009. No formal action was taken.

David Smith, Chief of Police invited all Council members to an informational session on the prospect of starting a Crime Stoppers program for the County and cities within the County. The meeting will be held Tuesday March 17^th at 7:00 P.M. in Council Chambers.

Irene Pacey inquired if the previous administrator had informed Mr. Vandall of an alley in Blake’s Addition to the City that is open but has no access. Mr. Vandall was unaware of the issue, but will be seeking further information.

Alan Stefek requested the Police Department verify all structures within the City have the assigned number prominently displayed per ordinance #2945. The Chief will remind the officers to watch for non-numbered buildings.

Carey Hipp, City Attorney, informed Council she has been involved with the possible creation of a Crime Stoppers Program and has been working with the Chief of Police and other Law Enforcement Officials within the County.

Mr. Vandall reported he is becoming more educated on projects currently under way in the City. A pre-construction meeting for the WWTP is scheduled for March 11^th and he will be conversing with Bill Morris in reference to the Downtown Streetscape. Mr. Vandall also reported progress continues to be made for the signage in the Transportation Development District.

John Whitmer motioned Council enter Executive Session with the City Administrator, Clerk and Street Superintendant at 7:33 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to the open session at 7:43 P.M. Alan Stefek 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 7:33 P.M. and returned to recessed meeting at 7:43 P.M. Alan Stefek motioned to move the Inmate Detail Supervisor from a step 3 to a step 4 on the approved City of Ellsworth Pay Scale. John Whitmer 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 March 23, 2009 at 7: P.M.

Patti L. Booher

City Clerk

March 23, 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 Robert Homolka called the meeting to order. Council members present were Irene Pacey, Alan Stefek, John Whitmer, Mary Wires and Cole Worrell.

One utility costumer was present and the Clerk presented a request for another for a time extension on their pending water/sewer terminations. Cole Worrell motioned to approve the requests. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.

The Clerk informed Council new (used) curtains for the stage in the gym were made available from the High School. The Clerk asked for Council approval to replace the current curtains with those from the school. Council indicated the curtains should be replaced.

There were no items on the consent agenda.

A review of the Project Board included Timothy Vandall, City Administrator, informing Council work continues on the test wells and is progressing well. Mr. Vandall inquired if any Council members had any recommendations for additional/different uses for the Recreation Center. It is currently used for storage.

Mr. Vandall next reported construction should commence soon on the WWTP and should be complete in May, 2010 and he is continuing to work on the signage and fencing in the Transportation District. Mr. Vandall is also working with William Morris on the Downtown Streetscape Project. Mr. Vandall will work to have more information on the project available at the meeting on April 13^th.

The next item on the agenda was the City of Ellsworth Identity Theft Prevention Program. The Clerk explained the program is required by the FTC and is designed to protect utility customers. Irene Pacey motioned to approve the Program. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

A resolution authorizing Timothy Vandall as the designated official of the City of Ellsworth for the KDH&E State Revolving Loan for the Waste Water Treatment Plant improvements was presented for Council action. John Whitmer motioned to approve the resolution. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried. The resolution was then numbered 23-0309A.

Irene Pacey then motioned to authorize Timothy Vandall as Certifying Official for all current FAA Grants. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.

David Smith, Chief or Police then gave Council an update on the formation of the Crime Stoppers Program. The Chief requested the funds pledged as a reward for information and conviction in the recent fires be pledged as seed money for Crime Stoppers. No action was taken.

Irene Pacey reminded the Administrator and Chief of Police there would be an upcoming Substance Abuse Program Meeting.

Mr. Vandall reported he had attended a Municipal Finance Program presented by the League of Kansas Municipalities and he will begin distributing budget request sheets to department heads in order to start preparing the 2010 Budget. Mr. Vandall is also considering an inventory of City property be conducted. The inventory will serve as an indication of needs for the 2010 and following years’ budgets.

Mr. Vandall also informed Council he has been working diligently to complete paperwork for all grants currently awarded to the City. The Disc Golf Course should be completed sometime in May and a review of damage from last year’s hail storm is being completed to determine insurance proceeds are applied appropriately. Also reported by Mr. Vandall was a request from Jim Zamrzla to postpone chip-seal this year with a concentration on crack sealing instead.

Preliminary plans have been received for the apron at the airport and are being reviewed. In other airport information Mr. Vandall reported a spill kit has been purchased and is in place near the fuel pump.

Irene Pacey motioned Council enter Executive Session with the City Administrator and Attorney at 7:30 P.M. for the purpose of discussing preliminary matters relating to the acquisition of real property and the Council return to the open session at 7:45 P.M. Cole Worrell 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 in Executive Session at 7:30 P.M. and returned to recessed meeting at 7:45 P.M. John Whitmer motioned Council enter Executive Session with the City Administrator at and City Attorney at 7:45 P.M. for the purpose of discussing preliminary matters relating to the acquisition of real property and the Council return to the open session at 7:50 P.M. Cole Worrell 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 in Executive Session at 7:45 P.M. and returned to recessed meeting at 7:50 P.M. No action was taken.

There being no further business on proper motion the meeting was adjourned until April 13, 2009.

Patti L. Booher

City Clerk

February, 2009 Minutes

2009-03-05T10:24:00.001-06:00

February 2, 2009

The Ellsworth City Council held a Special Meeting at 6:30 P.M. on the above date for the purpose of discussing candidates for the City Administrator.

Mayor Homolka called the meeting to order at 6:30 P.M.

The following Council members present Irene Pacey, Alan Stefek, John Whitmer, Mary Wires and Cole Worrell.

Also in attendance was Jonathan Mitchell, City Administrator.

Alan Stefek motioned Council enter Executive Session with the City Administrator at 6:30 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to the open session at 9:10 P.M. Cole Worrell seconded the motion. The executive session is required to protect the privacy interests of identifiable individuals. When put to vote all vote aye. Motion carried.

Council entered in Executive Session at 6:30 P.M. and returned to recessed meeting at 9:10 P.M. No action was taken.

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

Patti L. Booher

City Clerk

February 4, 2009

The Ellsworth City Council held a Special Meeting at 6:30 P.M. on the above date for the purpose of discussing candidates for the City Administrator.

In the absence of Mayor Robert Homolka, Council President Al Stefek called the meeting to order at 6:30 P.M.

The following Council members present Irene Pacey, Alan Stefek, John Whitmer, Mary Wires and Cole Worrell.

Also in attendance was Jonathan Mitchell, City Administrator.

Cole Worrell motioned Council enter Executive Session with the City Administrator at 6:30 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to the open session at 9:10 P.M. Irene Pacey seconded the motion. The executive session is required to protect the privacy interests of identifiable individuals. When put to vote all vote aye. Motion carried.

Council entered in Executive Session at 6:30 P.M. Mayor Homolka arrived at the meeting at 6:35 P.M. Council returned to recessed meeting at 9:10 P.M. No action was taken.

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

Patti L. Booher

City Clerk

February 9, 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.

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

Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; David Smith, Chief of Police; Bob Kepka, Fire Chief; Linda Denning, Ellsworth County Independent Reporter and Sharon Haverkamp.

Cole Worrell motioned to approve the consent agenda consisting of the minutes of the January 26, 2009 meeting and Claims Ordinance #A01-0109. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.

Jonathan Mitchell, City Administrator, gave progress updates on the Transportation Enhancement Grant Project, the Self-Serve Avgas pump at the Airport and presented final options of signage for the Transportation Development District. After discussion Council directed Mr. Mitchell to proceed with the cowboy and campfire design.

Irene Pacey motioned to authorize the Mayor to sign the AIP No. 3-20-0117-05 grant for phase 1 of design on the airport apron. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.

A request from the Ellsworth County Council on Aging, Inc. for funding was next on the agenda. After discussion Irene Pacey motioned to disburse $5,000.00 to the ECCA. Cole Worrell seconded the motion. When put to vote all vote aye.

John Whitmer then motioned to accept the petitions for Special Assessment on the Downtown Improvement District and confirm that said petitions were signed by owners of record of more than one-half of the area liable for assessment for the proposed improvements and are therefore sufficient. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Mr. Mitchell then reviewed the preliminary re-plat of blocks 2 and 3 in the Aylward Addition to the City. All interested parties have met and agreed to the modifications. More information will be available at future meetings.

Bob Kepka, Fire Chief requested the Council consider purchasing a used cab and chassis to be equipped as a Squad Truck. Following discussion Council directed Chief Kepka to price both new and used vehicles for this purpose. Council will take the purchase under consideration following the review of quotes.

John Whitmer reported he received an inquiry concerning the speed limit on Kunkle Drive. Council does not intend to reduce the speed.

Irene Pacey motioned Council enter Executive Session with the City Administrator at 7:53 P.M. for the purpose of discussing preliminary matters relating to the acquisition of real property and the Council return to the open session at 7:58 P.M. John Whitmer 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 in Executive Session at 7:53 P.M. and returned to recessed meeting at 7:58 P.M. Cole Worrell motioned Council enter Executive Session with the City Administrator at 8:00 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to the open session at 8:10 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 in Executive Session at 8:00 P.M. and returned to recessed meeting at 8:10 P.M. John Whitmer motioned Council enter Executive Session with the City Administrator at 8:10 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to the open session at 8:15 P.M. Cole Worrell 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 8:10 P.M. and returned to recessed meeting at 8:15 P.M. Mr. Mitchell announced Council will be holding interviews with 3 finalists for the City Administrator’s position. Two will be held Friday February 13^th and one on Monday, February 16^th.

There being no further business on proper motion the meeting was recessed until February 23, 2009 at 7: P.M.

Patti L. Booher

City Clerk

February 13, 2009

The Ellsworth City Council held a Special Meeting at 11:00 A.M. on the above date for the purpose of conducting interviews of candidates for the City Administrator position.

Mayor Robert Homolka called the meeting to order at 11:00 A.M.

The following Council members present Irene Pacey, Alan Stefek, John Whitmer, Mary Wires and Cole Worrell.

Also in attendance was Jonathan Mitchell, City Administrator.

Alan Stefek motioned Council enter Executive Session with the City Administrator and Richard Kocab at 11:17 A.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to the open session at 12:00 P.M. Mary Wires seconded the motion. The executive session is required to protect the privacy interests of identifiable individuals. When put to vote all vote aye. Motion carried.

Council entered in Executive Session at 11:17 A.M. Council returned to recessed meeting at 12:00 P.M. Alan Stefek motioned Council enter Executive Session with the City Administrator and Richard Kocab at 12:00 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to the open session at 12:30 P.M. Cole Worrell seconded the motion. The executive session is required to protect the privacy interests of identifiable individuals. When put to vote all vote aye. Motion carried.

Council entered in Executive Session at 12:00 P.M. Council returned to recessed meeting at 12:30 P.M. No action was taken,

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

Patti L. Booher

City Clerk

February 13, 2009

The Ellsworth City Council held a Special Meeting at 3:00 P.M. on the above date for the purpose of conducting interviews of candidates for the City Administrator position.

Mayor Robert Homolka called the meeting to order at 3:00 P.M.

The following Council members present Irene Pacey, Alan Stefek, John Whitmer, Mary Wires and Cole Worrell.

Also in attendance was Jonathan Mitchell, City Administrator.

Cole Worrell motioned Council enter Executive Session with the City Administrator and Timothy Vandall at 3:10 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to the open session at 3:55 P.M. John Whitmer seconded the motion. The executive session is required to protect the privacy interests of identifiable individuals. When put to vote all vote aye. Motion carried.

Council entered in Executive Session at 3:10 P.M. Council returned to recessed meeting at 3:55 P.M. No action was taken,

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

Patti L. Booher

City Clerk

February 16, 2009

The Ellsworth City Council held a Special Meeting at 5:00 P.M. on the above date for the purpose of conducting interviews with candidates for the City Administrator position.

Mayor Robert Homolka called the meeting to order at 5:00 P.M.

The following Council members present Irene Pacey, Alan Stefek, John Whitmer, Mary Wires and Cole Worrell.

Also in attendance was Jonathan Mitchell, City Administrator.

Alan Stefek motioned Council enter Executive Session with the City Administrator and Dan Ross at 5:05 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to the open session at 6:00 P.M. Cole Worrell seconded the motion. The executive session is required to protect the privacy interests of identifiable individuals. When put to vote all vote aye. Motion carried.

Council entered in Executive Session at 5:05 P.M. Council returned to recessed meeting at 6:00 P.M. Alan Stefek motioned Council enter Executive Session with the City Administrator and Dan Ross at 6:00 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to the open session at 6:15 P.M. Irene Pacey seconded the motion. The executive session is required to protect the privacy interests of identifiable individuals. When put to vote all vote aye. Motion carried.

Council entered in Executive Session at 6:00 P.M. Council returned to recessed meeting at 6:15 P.M. No action was taken

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

Patti L. Booher

City Clerk

February 19, 2009

The Ellsworth City Council held a Special Meeting at 5:00 P.M. on the above date for the purpose of determining their choice for the City Administrator position.

Mayor Robert Homolka called the meeting to order at 5:00 P.M.

The following Council members present Alan Stefek, John Whitmer, Mary Wires and Cole Worrell. Irene Pacey was not present.

Also in attendance was Jonathan Mitchell, City Administrator and Alan Roush, Ellsworth County Independent Reporter.

Alan Stefek motioned Council enter Executive Session at 5:03 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to the open session at 5:30 P.M. The executive session is required to protect the privacy interests of identifiable individuals. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. Irene Pacey arrived at 5:17 P.M.

Council entered in Executive Session at 5:03 P.M. Council returned to recessed meeting at 5:30 P.M. Alan Stefek motioned Council enter Executive Session at 5:30 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to the open session at 5:40 P.M. Irene Pacey seconded the motion. The executive session is required to protect the privacy interests of identifiable individuals. When put to vote all vote aye. Motion carried.

Council entered in Executive Session at 5:30 P.M. Council returned to recessed meeting at 5:40 P.M. Alan Stefek motioned to authorize the City Administrator to contact the individual the Council preferred for the City Administrator position to determine his continued interest in the position. 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.

Patti L. Booher

City Clerk

February 20, 2009

The Ellsworth City Council held a Special Meeting at 12:00 P.M. on the above date for the purpose of receiving information concerning the finalist for the City Administrator position.

Mayor Robert Homolka called the meeting to order at 12:00 P.M.

The following Council members present Irene Pacey, Alan Stefek, John Whitmer, Mary Wires and Cole Worrell.

Also in attendance was Jonathan Mitchell, City Administrator and Alan Roush, Ellsworth County Independent Reporter.

Alan Stefek motioned Council enter Executive Session with the City Administrator at 12:05 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to the open session at 12:15 P.M. The executive session is required to protect the privacy interests of identifiable individuals. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.

Council entered in Executive Session at 12:05 P.M. Council returned to recessed meeting at 12:15 P.M. Alan Stefek motioned to extend an offer to Timothy Vandall for the Administrator position with a beginning date of March 4, 2009 at Step 1 on the City of Ellsworth approved Pay Plan upon successful completion of drug screening. 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

City Clerk

January, 2009 Minutes

2009-02-10T09:48:00.001-06:00

January 12, 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 Robert Homolka called the meeting to order. Council members present were Irene Pacey, John Whitmer, Mary Wires and Cole Worrell. Council member Alan Stefek was absent

Also in attendance were Jonathan Mitchell, City Administrator; Carey Hipp, City Attorney; David Smith, Chief of Police; John Kerschner, Water/Sewer Superintendent; Jon Halbgewachs, Kirkham-Michael Engineers; Brad Waller, Jen Rahne and Jen Hancock, HWS Consulting; Linda Denning, Ellsworth County Independent Reporter and members of the Airport Advisory Board.

Cole Worrell motioned to approve the consent agenda consisting of the minutes of the December 8 and 22, 2008 meetings and Claims Ordinance #A01-1208. Irene Pacey seconded the motion. Cole Worrell questioned the phone bill for the Pool. Mr. Mitchell will if the phone service at the pool is still connected. Mr. Mitchell then clarified revenue/expenditures for the TDD (65) and WWTP Funds (91). When put to vote all vote aye. Motion carried.

Jon Halbgewachs provided the Council with Kirkham-Michael Engineers’ written recommendation for award of the WWTP construction. Cole Worrell motioned to accept the bid from APAC, Inc. Kansas – Hutchinson in the amount of $1,562,195.00 for the WWTP Project. Mary Wires seconded the motion. When put to vote aye. Motion carried.

Brad Waller, HWS Consulting, addressed Council with information concerning progress being made at the Municipal Airport. HWS has been engaged as the 5-year consultant for the City of Ellsworth Municipal Airport. Mr. Waller reviewed the need to upgrade to the runway and funding available for that purpose. A Public Hearing to allow interested parties an opportunity to gather information on the proposed action and provide parties with a forum to comment on potential economic, social, and environmental effects was then held. Mr. Waller reviewed information required for the Public Hearing. The Mayor then closed the Public Hearing.

Irene Pacey motioned to authorize the City Clerk to sign a Letter of Engagement with Clubine & Rettele, Chartered to audit the City of Ellsworth 2008 financial records. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.

John Whitmer then motioned to adopt the Ellsworth Police Department purposed Stalking Policy as required by State Statute. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.

Chief Smith notified the Council his department had been issuing written warnings at the corner of Kunkle and Elizabeth Drives. They are currently issuing tickets for stop sign violations at that corner.

John Whitmer requested the street sweeper be utilized on Douglas Avenue. Mr. Mitchell will pass the request on to the Street Superintendent.

Mr. Mitchell presented information gathered from other cities as to the requirements for to change the speed limit in residential areas of the City. Mr. Mitchell also reported on a structure change with Celebrations. Events will be organized by sub-committees. More information will be available at a later date.

Mr. Mitchell reported 21 resumes had been received for the City Administrator position. Copies of the resumes will be available at the Council meeting on January 26^th.

Mr. Mitchell requested Council guidance should the question of a Recreation Commission fail if placed on an upcoming ballot. Following discussion Council recommended the Master Plan Task Force continue to work to inform the public of the benefits of creating a Recreation Commission.

There being no further business on proper motion the meeting was recessed until January 26, 2009 at 7:00 P.M.

Patti L. Booher

City Clerk

January 26, 2009

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

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

Also in attendance were Jonathan Mitchell, City Administrator; Greg Hoffman, City Attorney; David Smith, Chief of Police; John Kerschner, Water/Sewer Superintendent and Linda Denning, Ellsworth County Independent Reporter.

There were no customers in attendance to request an extension for Water/Sewer terminations.

John Whitmer motioned to approve the Consent Agenda consisting of the minutes from the January 12, 2009 meeting. Irene Pacey seconded the motion. When put vote all vote aye.

During a review of the Project Board, Jonathan Mitchell, City Administrator reported he and John Kerschner, Water/Sewer Superintendent would be traveling to Augusta to meet with the Streetscape Architect to determine placement of water lines within the enhancement area. Additional information provided by Mr. Mitchell is a petition for Special Assessments within the project area has started and should be available for the next Council meeting.

Council reviewed possible signage for the TDD Project. Of the 7 available designs Council directed the City Administrator to prepare 3 of them with more detail for further review.

Mr. Mitchell also gave an update on test drilling to supply additional water resources for the City. Water was found at 4 of the 5 test sites. The City is now awaiting water quality results. John Kerschner, Water/Sewer Superintendent is expecting a Pre-construction meeting for the WWTP to occur in the near future.

Ronnie Tenbrink, Recreation Director, continues to promote a Recreation Commission with USD #327.

Irene Pacey motioned to approve the following resolution:

A RESOLUTION ENDORSING TRANSPORTATION IMPROVEMENTS FOR THE CITY OF ELLSWORTH, KANSAS CONCERNING THE ENACTMENT BY KANSAS LEGISLATURE OF A NEW STATE WIDE COMPREHENSIVE TRANSPORTATION PROGRAM.

Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried. The resolution was then numbered 26-0109A.

John Whitmer motioned Council enter into Executive Session with the City Administrator and Attorney at 7:13 P.M. for the purpose of discussing matters involving consultation with an attorney for the Council which would be deemed privileged in the attorney-client relationship and the Council return to the open meeting at 7:20 P.M. Irene Pacey seconded the motion. The executive session is required to protect the attorney-client privilege and the public interest. When put to vote all vote aye. Motion carried.

Council entered Executive Session at 7:13 P.M and returned to recessed session at 7:20 P.M. No action was taken.

Mr. Mitchell informed Council a meeting with KDOT, Blackwolf Development and the Assembly of God Church will be held February 6^th to discuss Highway access for Golden Drive.

Mr. Mitchell reported Delvin Bettenbrock has accepted the position of Equipment Operator and will begin work on January 27^th. Mr. Bettenbrock is filling a vacant position following the retirement of Richard Foran.

There have been 32 resumes received to date for the City Administrator’s position.

Irene Pacey motioned Council enter Executive Session with the City Administrator at 7:25 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to the open session at 8:10 P.M. John Whitmer seconded the motion. The executive session is required to protect the privacy interests of identifiable individuals. When put to vote all vote aye. Motion carried.

Council entered in Executive Session at 7:25 P.M. and returned to recessed meeting at 8:10 P.M. Cole Worrell motioned to approve a merit increase of 1 step for the Pro-Shop Manager/Events Coordinator. Mary Wires seconded the motion. When put to vote all vote aye. Motion carried.

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

Patti L. Booher

City Clerk