March, 2011
March 14, 2011
The Ellsworth City Council met in regular session on the above date at 7:00 P.M. in 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; Chief of Police David Smith; Josh Beckman, Kirkham Michael & Associates, Inc. and Linda Denning, Ellsworth County Independent Reporter.
Cole Worrell motioned to approve the Consent Agenda consisting of minutes from the February 28, 2011 meeting and Claims Ordinance #01-0211. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.
Timothy Vandall, City Administrator, reported the plan for a potential new hangar has been submitted to the FAA for approval. If approved the taxiway would need to be extended. The Airport Board has volunteered to pour it if the City would pay for the cement. Cole Worrell recommended reviewing hangar rental fees.
The following ordinance was presented for action:
BEING AN ORDINANCE REPEALING AND REPLACING A SECTION OF ORDINANCE 3011 OF THE CITY OF ELLSWORTH, KANSAS AND PROVIDING FOR A CURFEW FOR ALL CITY PARKS WITHIN THE CITY OF ELLSWORTH.
Following discussion Cole Worrell motioned to approve the ordinance to include repealing and replacing all of Section 1 of Ordinance #3011. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried. The ordinance was numbered 3017.
Josh Beckman, Kirkham Michael & Associates, Inc. explained the process the firm would follow for the E. North Main Street restoration project as described in the Agreement for Engineering Services between the City of Ellsworth, Kansas and Kirkham, Michael and Associates, Inc. Ellsworth, Kansas. Mr. Beckham estimated construction cost would approximately $800,000. This amount was for asphalt rather than cement. Council agreed cement would be their preference.
John Whitmer inquired if the City would have any recourse if the project does not correct the drainage problem due to incorrect planning. Mr. Beckman was unable to answer the question but will check for the answer the next day. Mr. Beckman referenced Exhibit A, Section 11 regarding termination of the contract stating if the City decides to terminate the project they would be responsible for the expenses incurred to date only. Mr. Beckman recommended City staff locate property pins within the project area. An additional expense would be incurred should the engineering company be required to complete the task.
Mr. Vandall then reviewed funding for the project. Following further discussion John Whitmer motioned to authorize the Mayor to sign the Agreement for Engineering Services between the City of Ellsworth, Kansas and Kirkham, Michael and Associates, Inc. Ellsworth, Kansas. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried.
The Cost of Living Allowance increase for full-time employees was tabled until an Executive Session for non-elected personnel had been held.
Chief of Police David Smith reported he is waiting to order rifles until he receives a funding letter from the Stumps Foundation.
Irene Pacey stated she had received reports of the deterioration of the gutter where it comes together with the street on the south side of the 100 block of W. Ninth Street. Mr. Vandall will pass this information on to the Street Superintendent. Mrs. Pacey then inquired who is responsible for upkeep on 4-H Barn. The County owns the barn and is responsible for its maintenance.
Mr. Vandall reviewed the information included in the City Administrator’s Report. This included Sales Tax analysis and projections and he has started preliminary work on the 2012 Budget. The City will be soliciting bids for the restoration of windows in City Hall. The windows cannot be replaced due to the historic status of the building.
Mr. Vandall then informed Council the KLINK program is set on the State Budget year which runs from July 1st to June 30th. The City did not budget for the overlay in its 2011 budget and will not utilize the grant funding until 2012. Also included with his report were pictures of alleys citizens have requested be vacated. Public hearings have been scheduled for the requests.
Mr. Vandall requested Council remove the $1,500,000 ceiling on the Neighborhood Revitalization Plan in reference to property owned by Ellenz Real Estate, LLC. The exception will be for this parcel only. No other property would be included. No objections to the request were voiced. Mr. Vandall will sign the request and forward it to the County Appraiser.
John Whitmer motioned Council enter Executive Session with the City Administrator, Attorney and Clerk at 8:00 P.M. for the purpose of discussing preliminary matters involving discussions relating to the acquisition of real property and the Council return to the recessed meeting at 8:10 P.M. The executive session is required to protect the City’s financial interest and bargaining position. 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 the recessed meeting at 8:10 P.M. Cole Worrell motioned Council enter Executive Session with the City Administrator and Attorney at 8:15 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to the recessed meeting at 8:25 P.M. The executive session is required to protect the privacy interests of identifiable individuals. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.
Council entered Executive Session at 8:15 P.M. and returned to the recessed meeting at 8:25 P.M. John Whitmer motioned Council enter Executive Session with the City Administrator and Attorney at 8:27 P.M. for the purpose of discussing personnel matters for non-elected personnel and the Council return to the recessed meeting at 8:37 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.
Council entered Executive Session at 8:27 P.M. and returned to the recessed meeting at 8:37 P.M. Irene Pacey motioned to increase all full-time employees $.30 per hour for the Cost of Living Allowance. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.
Irene Pacey motioned to approve the contract between the City of Ellsworth and Timothy Vandall for the position of City Administrator. 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 March 28, 2011.
Patti L. Booher
City Clerk
March 28, 2011
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; Chief of Police David Smith; Jim Zamrzla, Street Superintendent; Bob Kepka, Fire Chief and Allie Denning, Ellsworth County Independent Reporter.
The Clerk presented 4 requests for extension of the water/sewer disconnection date. Irene Pacey motioned to approve the requests. Cole Worrell 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 March 14, 2011 meeting. John Whitmer seconded the motion. When put to vote all vote aye. Motion carried.
Bob Kepka, Fire Chief explained the fire department has acquired a new truck. The value of the truck is much higher than the City paid for. The truck is in excellent condition and is currently being equipped to meet the needs of the department. Chief Kepka believes the truck could be in service for 20+ years.
Chief Kepka also reported the Fire Chiefs in the County met with the County Commissioners and recommended ‘burn for hire’ companies be required to have proof of liability insurance. Mr. Whitmer stated liability insurance is unavailable to those companies.
Timothy Vandall, City Administrator, reported he and the City Attorney continue to work with the FAA and Al Andersen on a land lease to build a new hangar at the airport.
The following resolution was presented for Council action:
A RESOLUTION DECLARING THE ELIGIBILITY OF THE CITY OF ELLSWORTH TO SUBMIT AN APPLICATION TO THE KANSAS DEPARTMENT OF TRANSPORTATION FOR USE OF SAFE ROUTES TO SCHOOLS FUNDS SET FORTH BY SAFETEA-LU FOR THE CITY OF ELLSWORTH/USD 327 PROJECT IN ELLSWORTH, KANSAS AND AUTHORIZING THE MAYOR TO SIGN THIS APPLICATION.
The resolution relates to the Safe Routes to School Program. Alan Stefek motioned to approve the resolution. Irene Pacey seconded the motion. When put to vote all vote aye. Motion carried. The resolution was numbered #28-0311A.
Council reviewed bids a golf course sprayer. The purchase was tabled. Mr. Whitmer requested the Golf Course Superintendent attend the next meeting to discuss his recommendation for the sprayer.
Mayor Bahan relayed he had received a request from the City of Russell for a representative of the City of Ellsworth meet at Casey’s General Store with a group of vehicles participating in a parade for an event in Russell. The request included a police escort. Mr. Vandall will contact the City of Russell for more information.
Cole Worrell requested streets included in the 2011 chip seal list be repaired/prepared prior to chip sealing. Mr. Zamrzla said the Durapatch machine would be used prior to the street sealing.
Alan Stefek said he had been approached by the company setting new poles for Western Cooperative Electric and they requested the City contact them if any damage caused by the pole replacement has not been repaired to the Street Superintendent’s satisfaction.
Chief of Police David Smith reported the “First Responder” rifles have arrived. The majority of shooting practice will be conducted at the Ellsworth Correctional Facility shooting range. The Facility uses the range for this type of training also.
Mr. Worrell inquired why the City is requesting an original 501(c) certificate from The Pines Elderly Housing. Mr. Vandall will check and report back to Mr. Worrell.
Mr. Vandall reviewed the 2011 Chip Seal schedule. The total square yards of chip seal is lower than the previous year although the cost is higher due to the cost of oil. Special Highway payments continue to be funded by the State.
Mr. Vandall reported the Public Hearings to vacate 2 streets had been set for April 11, 2011 at 6:50 and 6:55 P.M. Utility easements will be retained on both properties.
John Whitmer motioned Council enter Executive Session with the City Administrator, Attorney and Street Superintendent at 7:30 P.M. for the purpose of discussing non-elected personnel and the Council return to the recessed meeting at 7:40 P.M. The executive session is required to protect the privacy interests of an identifiable individual. Cole Worrell seconded the motion. When put to vote all vote aye. Motion carried.
Council entered Executive Session at 7:30 P.M. and returned to the recessed meeting at 7:40 P.M. John Whitmer motioned to increase the hourly wage of a Street Department employee to that recommended by the City Administrator and Street Superintendent. 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 April 11, 2011.
Patti L. Booher

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