Melissa Miller, Ellsworth assistant city attorney, received consensus approval Monday during a meeting of the Ellsworth City Council to cancel a pending legal proceeding requesting the judge rule the owners of the old Ellsworth Hospital must permanently deny public access to the vacant structure.

“Currently, as it stands, we have a temporary restraining order that says they (1883 Investment, Inc., the owners of the property) cannot allow the public access to the building,” Miller said.

Miller said she has several communications from the owners noting they “have not and will not allow members of the public access to the building.”

Given that, Miller requested the council dismiss the pending court case and not continue to pursue the matter.

“We now have it in writing, so if chief (Emil Halfhill, Ellsworth police chief ) or anybody on the police department finds someone out there, we know they are trespassing and not authorized to be out there,” she said.

It was noted this does not change the city’s plans regarding demolition of the structure.

“I think we’re OK with that,” said Wayne Scritchfield, council president.

In other business:

• Approval was given to authorize Kirkham, Michael & Associates to solicit bids for the 2022 city sidewalk project. The project will consist of construction at several locations in Ellsworth and will include sidewalks, sidewalk ramps, curb and gutter, concrete pavement, concrete retaining walls, seeding and signage.

• The council tabled approval of a request for proposals for engineering services related to the replacement of the sanitary sewer crossing of the Union Pacific Railroad near the intersection of Main Street and Court Avenue until language can be cleaned up.

• Approval was given to a legal services contract with Sherman, Hoffman and Hoffman to transition from a billable hourly rate system to a monthly flat fee for legal services to represent the City of Ellsworth.

Miller said as of May 1, the city will be charged a flat fee of $30,000 per year, payable in monthly payments. That fee covers all criminal prosecutions, general legal guidance and attendance at city council meetings. Miller noted that SHH has cur

Miller noted that SHH has currently billed and the city has paid SHH a total of $7,346 as of April 25.

• Approval was given to a memorandum of understanding between the city and the Ellsworth County Fair Association granting the Association free use of the Ellsworth Health and Recreation Center for up to seven days a week for the next 13 years. According to Rusty Varnado, city administrator, the reason for the free usage was because the Association purchased a $13,000 floor covering system and tables that will permanently remain at the Center.

The next meeting of the Ellsworth City Council will be at 5:30 p.m. Monday, May 9, at city hall.