The citizens of Ellsworth may soon have an answer to a question posed at the Aug. 28 Ellsworth City Council meeting by Don Panzer, former city council member and member of the Krizek Park advisory board.

At that meeting, Panzer asked why the city hasn’t filed a lawsuit against the bonding companies who worked on the south detention basin so the city can recover what it can to help remedy the drainage problem with the basin.

A recent report by BG Consultants indicated it will cost over $708,000 to start repairing the problem.

At Monday’s council meeting, Panzer asked the question once more.

“The public needs to know that,” he said. “It should be public information why we decided, as a city, not to go through with that.”

“We just don’t have the documentation,” Mayor Dan Finnegan said. “You can’t go into some kind of a legal situation with a bunch of sticky notes. You have to have a good, solid trail, and it’s a 10-yearold process.”

Finnegan said if you look at all the mayors who have come and gone and all the city administrators who have come and gone, it is clear that the information the council is getting is “patchy.”

“It’s just not enough to put anything together,” he said.

Finnegan said it isn’t a simple cut-and-dried thing to do legally.

City Administrator Dustin Stambaugh asked Finnegan if the council would be willing to have City Attorney Melissa Miller draft a legal statement regarding the detention pond.

“This is a legal question,” Stambaugh said. “That’s a council decision, but if you want to answer his request, that would be my advice.”

“There’s all these opinions, all this speculation out there, and it’s not good for anyone,” Panzer said, “so I welcome a good explanation on why we didn’t proceed with that.”

The council then approved a motion to ask the city attorney to prepare a legal statement concerning the detention basin at Krizek Park.

“We’re going to make that happen,” Finnegan said after the vote.

“I appreciate it and I am sure the people of the community appreciate it too,” Panzer said.

In other business:

• Approval was given to a request by Dennis Katzenmeier and Dru Richards of the Drovers Hall of Fame to waive all fees up to $1,000 for the use of the main city hall auditorium and the recreation center Oct. 20-21 for events involving the International Chisholm Trail Association’s Trail Conference and Annual Meeting and Cowboy Symposium.

• Approval was given for Drovers Hall of Fame to use the city hall auditorium Oct. 21 for a dance, provided that it gets proper floor covering in place and approved by the city administrator or the city rec commission director prior to usage, that Drovers can sell alcohol at both the city hall auditorium and the rec center with the approved licenses Oct. 20-21 and that Drovers has special event insurance of $1 million before the event.

• Approval was given to provide a letter of support for the Drover’s Hall of Fame’s Heritage Trust Fund Grant Application for 2024.

• Jon Halbgewachs of Kirkham Michael & Associates gave updates on the following projects: Halbgewachs said the city advisory committee is discussing the future of the south detention basin at K-14 and K-140 highways.

He said all concrete for the north box culvert extension on the neighborhood multi-use path has been placed. The contractor is now trying to tie the steel and placing forms for the walls and ceiling of the box.

He said the bid was awarded to Multicon for $248,447 on the cost share project to improve multiple sidewalks in Ellsworth.

He said the project to resurface K-14 (North Douglas Avenue) is being advertised for bids. The bid process closes Oct. 6. The latest start date for the contractor has been set for July 8, 2024.

• Approval was given to continue using Alfred Benesch and Company as the Ellsworth Airport consultant.

• Approval was given to adopt the acceptable use policy as presented, which is to be included as an addendum to the personnel manual of the City of Ellsworth.

• A request for approval of TIF funding and creation of an escrow fund for Dr. Lindsey Voeltz’s new facility was tabled so Stambaugh can talk to the city auditor.

The next meeting of the Ellsworth City Council will be at 5:30 p.m. Monday, Oct. 25, at city hall.