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City Council Minutes
City Council
Council Chambers

April 17, 2018


The City Council of the City of Colby, Kansas, met in regular session on Tuesday, April 17, 2018, 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, Sally Jones, Shari Oren, Stan Schmidt.

ABSENT: Jerad Johnson, Bill Mariman.

ALSO PRESENT:  Tyson McGreer, City Manager; Omar Weber, Public Utilities Director; Gordon Gilbert, Assistant Public Utilities Director; Bob McLemore, Fire Chief; Sean Hankin, Building Official; John Gatz, City Attorney; Mike Albers, Technology Director; Ron Alexander, Police Chief; Bobby Fossum, Recreation Director; Egan Grafel, Community Building Director; Debbie Zerr, Finance Director, Rick Carter, Electric Utilities Director; Mike Schmaderer, Josh Schmaderer, Mid-States; Deanna Pabst, Rick Jones, Judy Luedke, Kathy Diederich, Colby Housing Authority; Cliff Gamblin, Foley Power Solutions; Randy Jones, Colby Tree Board; Joni Ketchum, City Clerk.


CONSENT AGENDA:

A. APPROVAL OF MINUTES FOR APRIL 3, 2018 REGULAR MEETING

B. APPROVAL OF PAYROLL ORDINANCE NO. 3460

C. APPROVAL OF GENERAL ORDINANCE NO. 3461

D. APPROVAL OF ANNUAL RENEWAL SPECIAL USE PERMIT FOR WHISTLE STOP RV – TOM HARRISON

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


OLD BUSINESS:

A. None.


NEW BUSINESS:

A. RANDY JONES – ANNUAL REPORT FOR THE COLBY TREE BOARD- Randy presented the annual report for the Colby Tree Board. He thanked the Council for the utility vehicle that has been ordered. He mentioned that May 10th will be the Arbor Day Celebration at 9:30 A.M. at the ballfields. Bruce asked if they lost any trees over the winter and Randy told him that they lost three young trees at the tree farm so far. The Mayor said that the governing body members that have visited Colby have made complimentary remarks on the trees on Range. 

B. BOBBY FOSSUM – ANNUAL REPORT FOR THE RECREATION COMMISSION- Bobby presented the annual report for the Recreation Commission. He discussed the list of activities, the trends and the new programs that have been added this year. Mayor Adrian thanked him for his efforts. 

C. DISCUSSION/ACTION – JUDY LUEDKE – HOUSING AUTHORITY – PILOT – PAYMENT IN LIEU OF TAXES REPAYMENT- Bruce excused himself from the table due to a conflict of interest. Tyson stated that the Housing Authority PILOT (payment in lieu of taxes) repayment was capped at $20,000 in the budget for 2018 and this year they are asking that it be capped at $15,000 for 2019. He added that City staff isn’t far enough along to see if that amount will work in the budget. Judy thanked the Council for the cap amount they approved for 2018 and addressed the reasons for the request to decrease the PILOT payment for 2019. Dan commented that they should try and see if the $15,000 works into the budget and the other Council members agreed. Mayor Adrian thanked the Housing Authority for all they do for the community.     

D. DISCUSSION/ACTION – ORDINANCE NO. 1600 AMENDING THE CODE OF THE CITY OF COLBY, 2017 CHAPTER XV, ARTICLE 2, 15-208 – ELECTRIC SERVICE CONNECTION FEES; TAP FEES- Tyson stated that Ordinance No. 1600 would amend the electric service connection fees and tap fees which will get them more in line with the actual cost of the service. He added that it would not change the monthly rates and will only affect new service connections. MOTION BY Dan Jennings, seconded by Stan Schmidt to approve Ordinance No. 1600 amending the Code of the City of Colby, 2017 Chapter XV, Article 2, 15-208 for electric service connection fees and tap fees. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Jerad Johnson, Bill Mariman. Mayor Adrian declared the motion carried.    

E. DISCUSSION/ACTION – JAKE HARPER – ROTARY CONSTRUCTION OF A NEW BANDSHELL IN FIKE PARK- Jake excused himself from the table due to a conflict of interest. He then presented the plans by the Rotary for the construction of a new 15’ x 24’ bandshell at Fike Park. The total cost of the project is $40,279. The Rotary will contribute $15,000 to the project, the Convention and Visitors Bureau $7,500 and he has asked the Community Foundation for $10,000 to $15,000. Dan told him to check with Midwest Energy and Bruce suggested applying for a Dane G. Hansen grant. Tyson told him that the City could possibly cover some of the cost so they could move forward on the project. He said they could take the funds out of Special Parks or possibly CIRF, but it might be a challenge in this budget. Debbie stated that they should start with funds from Special Parks and CIRF instead of General Parks to keep it out of taxing funds if possible. MOTION BY Dan Jennings, seconded by Bruce Hansen to approve that the City cover the costs for the construction of the new bandshell at Fike Park with the understanding that the Rotary will continue to look for other funding options. VOTING AYES: Bruce Hansen, Dan Jennings, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSTAIN: Jake Harper. ABSENT: Jerad Johnson, Bill Mariman. Mayor Adrian declared the motion carried.      

F. DISCUSSION/ACTION – EGAN GRAFEL – 2018 AQUATIC PARK HOURS- Egan provided the Council with information for the upcoming pool season. He explained that after some feedback from last year’s managers and staff, they are extending the hours from last year to 12:30-6:00 P.M. Monday through Friday and Saturday and Sunday from 12:30-7:00 P.M. Bruce asked if there would be a change in the fees from the previous year and Egan told him that there would be no changes. Egan also talked to the Council about offering incentives for concessions during their early pass sales prior to opening for the summer. Mayor Adrian thanked Egan for his presentation.    

G. DISCUSSION/ACTION – REVIEW QUOTE FROM FOLEY POWER SOLUTIONS- Tyson introduced Cliff Gamblin from Foley Power Solutions. Mr. Gamblin submitted a quote for one and two generators through NJPA and standard bidding. The NJPA pricing includes a 4-year/2000hr warranty for a cost of $1,616,000 for one unit and a cost of $3,251,000 for two units. The standard bid pricing includes a factory 2-year/1000hr warranty for a cost of $1,620,000 for one unit and a cost of $3,260,000 for two units. Tyson told the Council that with the loss of engine #3 the City is approximately 2 MW short on capacity. He and staff recommend replacing at least that capability with the purchase of one engine otherwise the City would have to buy capacity from an outside vendor. The Council had a lengthy discussion on the pros and cons of one engine vs two engines. Their decision was to purchase one engine from NJPA now and continue to look at changing the electric ordinance to include capital funding with the savings to generate funds for another engine in the near future. MOTION BY Stan Schmidt, seconded by Dan Jennings to authorize representatives of Foley Power Solutions to gather the documents and the contract with NJPA for the purchase of one engine for a cost of $1,616,000 which includes a 4-year/2000hr warranty for standby applications. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Jerad Johnson, Bill Mariman. Mayor Adrian declared the motion carried.    

H. EXECUTIVE SESSION – ATTORNEY – CLIENT PRIVILEGE REGARDING THE PENDING THOMAS COUNTY TAX FORECLOSURE LITIGATION- MOTION BY Dan Jennings, seconded by Jake Harper to retire into Executive Session at 6:48 P.M. to consult with the City Attorney to receive confidential legal advice and counsel regarding the pending Thomas County Tax Foreclosure Litigation, pursuant to the attorney-client privilege exception K.S.A.75-4319(b)(2) with the Mayor, City Manager, and Mr. Gatz present. The open meeting is to resume in the City Council Chambers at 6:58 P.M. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Jerad Johnson, Bill Mariman. Mayor Adrian declared the motion carried.


REPORTS & DISCUSSIONS:

Tyson reported:

There will be a meeting with the Community Building architects tomorrow morning to discuss the design and location of the new building. We are still waiting to see what the County will do regarding the use of sales tax money for the Justice Center at the upcoming elections. He stated that the City doesn’t want to put the Community Building renovation on the same ballot.

The new Amusement Ride Act will no longer require the high cost inspections.

There is still a job opening in the Water Department.

Street projects are moving forward.

Kyle Lindberg was hired as the new Parks Supervisor.

The mini excavator is in.

The City will start formal action on the Kauk property in regards to the hazardous grain bins.

Mayor Adrian reported:

He read a letter from the Chief Justice of the Supreme Court regarding their meeting that was held in Colby.


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, Sally Jones, Shari Oren, Stan Schmidt.  NOES:  None.  ABSENT:  Jerad Johnson, Bill Mariman.  Mayor Adrian declared the motion carried.



__________________________________________
Joni L. Ketchum, City Clerk





585 N Franklin Ave • Colby, KS 67701
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