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City Council Minutes
City Council
Council Chambers

September 5, 2017


The City Council of the City of Colby, Kansas, met in regular session on Tuesday, September 5, 2017, at 5:30 P.M. in the Council Chambers.  The meeting was called to order by Mayor Gary Adrian.


ATTENDANCE:

PRESENT: Mayor Gary Adrian.  Council Members Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Bill Mariman, Stan Schmidt.

ABSENT: Shari Oren.

ALSO PRESENT:  Tyson McGreer, City Manager; Omar Weber, Public Utilities Director; Gordon Gilbert, Assistant Public Utilities Director; Sean Hankin, Assistant Fire Chief; John Gatz, City Attorney; Terry Overton, Building Official; David Tan, Colby Free Press;  Lance Krannawitter, USD #315; Mike Baughn, Thomas County Commissioner; Joni Ketchum, City Clerk.


CONSENT AGENDA:

A. APPROVAL OF MINUTES FOR AUGUST 15, 2017 REGULAR MEETING

B. APPROVAL OF PAYROLL TRANSFER ORDINANCE NO. 3421

C. APPROVAL OF PAYROLL ORDINANCE NO. 3422

D. APPROVAL OF GENERAL ORDINANCE NO. 3423

MOTION BY Dan Jennings, seconded by Stan Schmidt to approve the consent agenda as presented. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Bill Mariman, Stan Schmidt. NOES: None. ABSENT: Shari Oren. Mayor Adrian declared the motion carried.


OLD BUSINESS:

None.


NEW BUSINESS:

DISCUSSION/ACTION – EXECUTIVE SESSION – ATTORNEY/CLIENT PRIVILEGE- MOTION BY Sally Jones, seconded by Dan Jennings to move that the Council recess to Executive Session at 5:32 P.M. to consult with the City Attorney to receive confidential legal advice and counsel regarding a proposed lease with Unified School District No. 315 pursuant to the attorney-client privilege exception , K.S.A. 75-4319(b)(2) with the Mayor, City Manager, and Mr. Gatz present with the open meeting to resume in the Council Chambers at 5:42 P.M. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Bill Mariman, Stan Schmidt. NOES: None. ABSENT: Shari Oren. Mayor Adrian declared the motion carried.

MOTION BY Sally Jones, seconded by Stan Schmidt to move that the Council recess back into Executive Session at 5:43 P.M. to consult with the City Attorney to receive confidential legal advice and counsel regarding a proposed lease with Unified School District No. 315 pursuant to the attorney-client privilege exception, K.S.A. 75-4319(b)(2) with the Mayor, City Manager, and Mr. Gatz present with the open meeting to resume in the Council Chambers at 5:50 P.M. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Bill Mariman, Stan Schmidt. NOES; None. ABSENT: Shari Oren. Mayor Adrian declared the motion carried.

DISCUSSION/ACTION – REVIEW LEASE AGREEMENT WITH UNIFIED SCHOOL DISTRICT NO. 315- MOTION BY Dan Jennings, seconded by Jake Harper to approve the lease agreement with Unified School District No. 315. VOTING AYES: Jake Harper, Dan Jennings, Jerad Johnson. NOES: Bruce Hansen, Sally Jones, Bill Mariman, Stan Schmidt. ABSENT: Shari Oren. Mayor Adrian declared the motion denied.

DISCUSSION/ACTION – THOMAS COUNTY REQUEST FOR A WAIVER OF THE BUILDING PERMIT FEES FOR THE JUDICIAL SYSTEM IN THE AMOUNT OF $23,088- Tyson informed the Council that the County has requested that the fee for the building permit for the Judicial Center in the amount of $23,088 be waived. He told the Council that this only includes the non-material part of the fees. Stan asked if fees were ever waived in the past and Tyson answered that they have not had another taxing entity ask since he became City Manager. He added that he had not researched the topic. Jake remarked that the money would come from the taxpayers either way. Bruce stated that he has an issue with the request because the County did not find it necessary to make room for the Municipal Court Judge’s office in the new Judicial Center, yet the City is supposed to do a favor by waiving the building permit fee for the County. Mike Baughn said that the recommendation came from the judicial advisory group not the County. The reason given by the group was that there would be a point in time when the courts would become consolidated and it would end up being a waste of space. Tyson commented that the building is already designed and done. He told the Council that waiving the fee would help the County stay on budget or under budget. MOTION BY Sally Jones, seconded by Jerad Johnson to approve the County’s request for a waiver of the building permit fees for the Judicial Center in the amount of $23,088. VOTING AYES: Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Bill Mariman. NOES: Bruce Hansen, Stan Schmidt. ABSENT: Shari Oren. Mayor Adrian declared the motion carried.

DISCUSSION/ACTION – COOPERATOR FISHING ACCESS AGREEMENT WITH THE KANSAS DEPARTMENT OF WILDLIFE, PARKS AND TOURISM COMMUNITY FISHERIES ASSISTANCE PROGRAM- Tyson stated that this agreement allows the City to be reimbursed for work, such as mowing, upkeep on the bathrooms and any electrical work that is done at Villa High. MOTION BY Stan Schmidt, seconded by Bruce Hansen to approve the Cooperator Fishing Access Agreement with the Kansas Department of Wildlife, Parks and Tourism Community Fisheries Assistance Program. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Bill Mariman, Stan Schmidt. NOES: None. ABSENT: Shari Oren. Mayor Adrian declared the motion carried.

DISCUSSION/ACTION – REVIEW PROJECT PLANS FROM BUREAU OF ENVIRONMENTAL REMEDIATION ASSESSMENT & RESTORATION FOR THE INSTALLATION OF A NEW WELL AT THE GROUNDWATER TREATMENT PLANT- Tyson explained that KDHE would like to connect another extraction well to the Groundwater Treatment Plant which includes trenching a water line and fiber optics control line east of the plant. The reason why this has been brought before the Council is because of the City’s purchasing policy. KDHE would like to use specific contractors without getting bids or proposals, which is against policy. Tyson told the Council that they could choose to waive the requirements due to the nature of the project, which is what he recommends. MOTION BY Stan Schmidt, seconded by Jerad Johnson to approve the installation of a new well at the Groundwater Treatment Plant and allow KDHE to use their specified contractors for the project. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Bill Mariman, Stan Schmidt. NOES: None. ABSENT: Shari Oren. Mayor Adrian declared the motion carried.

DISCUSSION/ACTION – OMAR WEBER – REQUEST THE PURCHASE OF MORE CRACK FILL MATERIAL- Tyson told the Council that the poly patch material that was purchased a month ago has already been used. Omar is requesting that the Council approve for him to buy more so they can finish as many crack fill projects as they can until fall. Tyson explained that there is money in the budget to buy an additional load for approximately $18,000 plus freight. The Council asked Omar if that would be enough material to finish what he had scheduled for this year and he told them that it would be a good start. After more discussion, they asked if two loads were purchased if the remainder of it could be stored until next year. Omar told them that it would not be a problem. MOTION BY Stan Schmidt, seconded by Dan Jennings to approve the purchase of two loads of crack fill material for a cost of approximately $18,000 per load plus frieght. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Bill Mariman, Stan Schmidt. NOES: None. ABSENT: Shari Oren. Mayor Adrian declared the motion carried.

DISCUSSION/ACTION – EXECUTIVE SESSION – NON-ELECTED PERSONNEL- MOTION BY Stan Schmidt, seconded by Dan Jennings to move that the Council along with the Mayor and the City Attorney recess into Executive Session at 6:15 P.M. to discuss non-elected personnel with the open meeting to resume in the City Council Chambers at 6:45 P.M. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Bill Mariman, Stan Schmidt. NOES: None. ABSENT: Shari Oren. Mayor Adrian declared the motion carried.

MOTION BY Sally Jones, seconded by Jerad Johnson to move that the Council along with the Mayor and City Attorney recess into Executive Session at 6:46 P.M. to discuss non-elected personnel with the open meeting to resume in the City Council Chambers at 6:56 P.M. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Bill Mariman, Stan Schmidt. NOES: None. ABSENT: Shari Oren. Mayor Adrian declared the motion carried.

DISCUSSION/ACTION – CITY MANAGER EMPLOYMENT AGREEMENT- MOTION BY Sally Jones, seconded by Dan Jennings to move to table the City Manager Employment Agreement until Stan can discuss the individual evaluations with the City Manager. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Bill Mariman, Stan Schmidt. NOES: None. ABSENT: Shari Oren. Mayor Adrian declared the motion carried.


REPORTS & DISCUSSIONS:

Tyson reported:
City crew has finished putting down the new mulch at Fike Park.

McCormick’s have delayed the mill and overlay project on Range.

The mill and overlay project on Range from Villa High to Fourth Street has been approved and will be done next year.

The League Regional meeting will be held on October 5th at David Pabst’s restaurant. 

Stan reported:

He asked Tyson if the old Baumfalk house had been moved yet. Tyson said that Dustin has poured his new basement and will probably be moving the house soon.


ADJOURNMENT:

MOTION BY Bruce Hansen, seconded by Stan Schmidt to adjourn the meeting at 7:15 P.M.  VOTING AYES:  Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Bill Mariman, Stan Schmidt.  NOES:  None.  ABSENT:  Shari Oren.  Mayor Adrian declared the motion carried.



__________________________________________
Joni L. Ketchum, City Clerk


585 N Franklin Ave • Colby, KS 67701
Ph. 785-460-4400 • Fx. 785-460-4444
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