Housing was front and center during Monday night’s Ellsworth City Council meeting. While the council ultimately voted to retain the R2 zoning classification for the parcel of land at between 8th and 9th streets and Prospect and State streets, lively discussion preceded the decision.

Planning and Zoning Committee Member Marion Whorton attended the meeting to explain to council why the committee did not recommend shifting the zoning of that parcel from R2 to R1. He referenced the Housing Assessment Tool that was conducted a few years ago. Whorton said the HAT included housing priorities.

“The No. 1 need is housing across income levels, senior living and migrating of rundown homes,” he said. “I believe we’re in the process of doing that.”

Whorton said according to the HAT, Ellsworth has appropriate owner-occupied housing, but lacks in rental properties.

“Renter occupied housing, we need a lot more,” he said. “Temporary housing, we need a lot more to economically develop our community.”

City council requested the zoning committee rezone the parcel of land to R1, but at the July 3 meeting, the committee opted to leave the lot zoned as R2.

“We have planning commission to give us their recommendations, and they’ve given us their recommendation,” Council Member Don Panzer said. “Why would we not honor their recommendation?”

Ellsworth City Attorney Patrick Hoffman stepped in to clarify the differences in zoning classifications.

“R2 in Ellsworth is dual family, it’s not apartments,” he said. “Apartments require a different zoning level. You cannot build apartments as it’s currently zoned. I want to be clear.”

Hoffman said duplexes would be permitted in R2 zoning, as would singlefamily homes.

Before the clarification, several council members expressed concern.

“I’m for R1. Everyone I talked to around there … that’s what they want,” Council Member Tyler Renard said. “Low income housing on R2, that’s what I’m against.”

At that point, Hoffman clarified the current zoning would not permit high-density housing, such as apartment complexes. It would allow for duplexes.

In other lengthy discussion, the council discussed 2-hour parking signs downtown.

Panzer suggested the limited parking in front of the main retail area downtown, with 2-hour signs extending about a half a block on adjoining streets.

“Employees can’t park their cars there all day,” he said. “A lot of them are bank employees, and they have a parking lot.”

Chief Jerry Penny suggested signs stipulate hours for limited parking hours, such as Monday-Friday, 9 a.m.-5 p.m. He said this would make parking more enforceable.

“One suggestion, just keep it on Douglas,” Penny said.

Council members Jessica Kootz and Renard agreed with keeping the focus on Douglas Avenue.

“The side streets will be a pain,” Renard said.

Mayor Dan Finnegan suggested the council take the next few weeks to think about the issue before the next meeting.

In other business the council:

• Granted permission to the Midway Extension District and Ellsworth Co-op for exclusive use of Krizek Park 5-9 p.m. Sept. 21 for “Fight 4 the Light” suicide awareness event.

• Discussed a request from Gene’s Heartland Foods regarding their Youth Outdoor Day Sept. 28. Organizers requested permission to allow discharge of firearms within city limits.

Penny said he hasn’t seen the safety plan for the event and will reach out to them.

No action was taken.

• Approved the condemnation of the structure at 1013 W. 12th St.

• Approved updates to the prohibiting of jake/ engine braking ordinance. The previous ordinance did not include the ability to fine those who broke the ordinance.

Penny said the law will be enforceable once signs are posted.

• Approved updates to the uniform public ordinance.

• Approved updates to the standard traffic ordinance.

“They usually change one or two laws every year,” Penny said. “Before, we wouldn’t have had any teeth (to enforce) 2-hour parking. It gives us teeth in that battle.”

• Discussed vacancies on the building commission.

Hoffman said while the commission isn’t often used in Ellsworth, there are instances where it can yield a better bond rate for projects.

“It is a committee that is ad hoc and meets as needed,” he said.

No action was taken.

• Appointed Penny to the Substance Abuse Task Force.

• Discussed code enforcement.

“Currently, the code enforcement officer cannot issue citations,” Stambaugh said. “They can site them for code enforcement violations, but cannot issue a fine.”

Penny said there is some benefit to allowing code enforcement to fine violators.

“Code enforcement has a little more freedom than we do,” he said. “We cannot go on somebody’s property to look at their grass. They have more freedom.”

“In the past, you have to observe the person mowing the grass into the street,” Code Enforcement Officer Steve Bishop said. “When I see grass in front of a house, I know someone mowed. I put a door hanger on.

“They’re throwing grass in the street. I had one guy who blowed it into the street and used a blower to push it into the storm drain.”

Council members weighed in on the option of code enforcement being able to write tickets for violations.

“I’m not for you guys being able to do that,” Renard said. “I think cops should do that.”

Panzer suggested that upon a third warning, the issue should be turned over to the police department.

“For me, I’ve seen and I would like to have them empowered to do that,” Penny said of code enforcement. “They know the people they deal with all the time.

“A lot of times they’re separated. Code enforcement writes citations for code violations and police department writes them for municipal violations.”

• Approved spending up to $45,000 for repairs on the lift stations. The bid was for $41,999.14.

• Bishop said code enforcement has been struggling with Casey’s following the construction project. An exception was made to allow the business to water more frequently in order to seed the new grass. Once it was established, however, daily watering continued.

On Aug. 15, two nuisance violations were issued regarding watering, as well as grass and weeds. Bishop said the contractor who is supposed to mow couldn’t do so because of the excessive water.

“He said he would get the key to that building and will be here Tuesday or Wednesday and reset the sprinkler system to be in conformance with water restrictions,” Bishop said.

• Stambaugh said he delayed a sewer project due to high temperatures. The project is scheduled to begin the week of Sept. 16.

Valve testing will happen the week of Sept. 23.

• Deputy City Clerk Mariana Kinnard discussed the idea of police officers and staff doing VIN inspections. She previously conducted them for the Ellsworth County Sheriff ’s Office, and since her departure, the inspections have fallen behind.

“It’s required by KHP for out-of-state titled vehicles to prevent influx of vehicle theft or bringing in stolen vehicles to the state,” Kinnard said.

“It has to be done by a law enforcement agency.”

She said a typical inspection took her about 15 minutes and generated at least $20.

“In my time doing it, I generated $8,000 worth of income,” Kinnard said. “I did them by appointment.”

She said the Kansas Highway Patrol began the program because its staff was overwhelmed with requests. The cost to begin would be about $50 for the inspection forms; training is free.

“This would be a huge help to Ellsworth County,” Finnegan said.

Penny said he supports the project.

• Kootz asked about ADA issues at the Ellsworth Recreation Center.

• Stambaugh received a consensus approval to give city staff the afternoon of Sept. 26 off for an employee picnic.

• Approved an increase of about $1,000 for Circle C paving to pave additional streets.

• Renard asked for clarification about requirements to drive golf carts on city streets.

Stambaugh said he would provide the full ordinance for Renard.

• Council Member Darcy Hansen asked who is responsible to replace water meters if people damage them with lawn mowers.

Stambaugh said the city repairs the damage.

• Panzer asked about several sewer backups and the struggle for homeowners to be compensated by the city’s insurance.

• Finnegan said he would like to see the new surface on Douglas Avenue preserved. He is concerned about excessive damage from semis.

“It’s nice, now we need to protect it,” he said.

Panzer said Sgt. Jeff Weigel said the city cannot require trucks to take a different route.

• The council went into three separate executive sessions to discuss nonelected personnel (10 minutes), attorney-client privilege (10 minutes) and non-elected personnel (10 minutes). No action was taken.

The next meeting will be at 5:30 p.m. Monday, Sept. 9, at city hall.