City Council
Council Chambers
 
May 7, 2013

The City Council of the City of Colby, Kansas, met in regular session on Tuesday, May 7, 2013, at 7:30 P.M. in the Council Chambers.  The meeting was called to order by Mayor Gary Adrian.


ATTENDANCE:

PRESENT:    Mayor Gary Adrian.  Council Members Lance Bolyard, Francis Britton, Mike Hake, Pat Mallory, Bill Mariman, Stan Schmidt,  Peg Tole.

ABSENT:    Fred Taylor

ALSO PRESENT:  Tyson McGreer, City Manager; Omar Weber, Public Utilities Director; Gordon Gilbert, Assistant Public Utilities Director; Bob McLemore, Fire Chief; Sean Hankin, Assistant Fire Chief; Mike Albers, Technology Director; Randy Jones, Police Chief; Stacy Jasper, Recreation Director; John Gatz, City Attorney; Sam Dieter, Colby Free Press; Darvin Strutt, F&M Insurance Store, Chris & Emily Keen, MaKayla Albertson, Michelle Lippelman, Dog Park; Debbie Zerr, Acting City Clerk.  


CONSENT AGENDA:

A.     APPROVAL OF MINUTES OF APRIL 16, 2013 REGULAR MEETING

B.     APPROVAL OF PAYROLL TRANSFER ORDINANCE NO. 3161

C.    APPROVAL OF PAYROLL ORDINANCE NO. 3162

D.    APPROVAL OF GENERAL ORDINANCE NO. 3163

E.    APPROVAL OF MAYOR’S APPOINTMENT OF MELISSA BROWN TO LIBRARY BOARD TO FILL UNEXPIRED TERM OF MIKE LARMER, TERM TO EXPIRE APRIL 30, 2017

F.    APPROVAL OF MAYOR’S APPOINTMENT OF BRUCE HANSEN TO HOUSING AUTHORITY BOARD TO FILL UNEXPIRED TERM OF JOANNE SUNDERMAN, TERM TO EXPIRE DECEMBER 31, 2013

G.    APPROVAL OF SPECIAL USE PERMIT ANNUAL RENEWAL FOR WHISTLE STOP RV AT 155 E. WILLOW – TOM HARRISON    


MOTION BY Pat Mallory, seconded by Peg Tole to approve the consent agenda.  VOTING AYES:  Lance Bolyard, Francis Britton, Mike Hake, Pat Mallory, Bill Mariman, Stan Schmidt, Peg Tole.  NOES: None.  ABSENT: Fred Taylor.  Mayor Adrian declared the motion carried.


NEW BUSINESS:

A.    APPROVAL OF ORDINANCE NO. 1519 DESIGNATING TERM OF OFFICE, COMPENSATION, QUALIFICATIONS, AND DUTIES OF THE CITY ATTORNEY AND REPEALING ORDINANCE NO. 1514- John Gatz stated that this ordinance is identical to the one the Council approved in December with the addition of the provision to designate his associate, Lindsey Moore, to prosecute on behalf of the City.  MOTION BY Mike Hake, seconded by Lance Bolyard to approve Ordinance No. 1519 designating term of office, compensation, qualifications, and duties of the City Attorney and repealing Ordinance No. 1514.  VOTING AYES:  Lance Bolyard, Francis Britton, Mike Hake, Pat Mallory, Bill Mariman, Stan Schmidt, Peg Tole.  NOES: None.  ABSENT: Fred Taylor.  Mayor Adrian declared the motion carried.

B.    APPROVAL OF GEOMETRIC IMPROVEMENT APPLICATION TO KANSAS DEPARTMENT OF TRANSPORTATION- Tyson stated that this project is projected for Fiscal Year 2016.  It consists of the middle two lanes of Hwy 24 beginning 300’ West of the intersection of K-25 & US-24 highways, and going West 2,850’ along US-24 highway.  Our share of the match of $211,962.50 will come from the Special Streets Fund.  Eventually the City will apply to get the outside lanes done or have the City Crew do the work.  MOTION BY Pat Mallory, seconded by Mike Hake to approve the Geometric Improvement Application to the Kansas Department of Transportation.  VOTING AYES:  Lance Bolyard, Francis Britton, Mike Hake, Pat Mallory, Bill Mariman, Stan Schmidt, Peg Tole.  NOES: None.  ABSENT: Fred Taylor.  Mayor Adrian declared the motion carried.

C.    APPROVAL OF ANNUAL REPORT TO WESTERN AREA POWER ADMINISTRATION ON INTEGRATED RESOURCE PLAN- Gordon Gilbert said the annual report shows the electric loads for the last year and states future improvements.  Other items included in the report are the population of Colby and the jobs that are offered here.  The annual update is to confirm 2,000 KW supplied by Western Area Power.  MOTION BY Mike Hake, seconded by Francis Britton to approve the annual report to Western Area Power Administration on Integrated Resource Plan.  VOTING AYES:  Lance Bolyard, Francis Britton, Mike Hake, Pat Mallory, Bill Mariman, Stan Schmidt, Peg Tole.  NOES: None.  ABSENT: Fred Taylor.  Mayor Adrian declared the motion carried.

D.    PRESENTATION OF RENEWAL OF CITY INSURANCE – DARVIN STRUTT- Darvin passed out booklets to each Councilmember summarizing the City’s insurance.  Darvin said they insure six other cities and seven schools and premiums overall have gone up this year.  The City’s Workers’ Compensation premium showed the greatest increase mostly because of changes to the experience mod formula.  After the receipt of our Safety Group Dividends of $14,834.35 the City’s overall policy increased by 8%.  Darvin reviewed the summary of insurance policies with the Council, noting that EMC would continue to insure the confiscated semis and trailers with the hopes they would be sold soon.  Darvin then let the Council know that EMC will now have a policy limitation on coverage for roof surfacing.  In the event of hail and wind damage on City property, if the integrity of the roof is not compromised, insurance will not pay until it is.  Darvin then directed the Council to the Statement of Values for the City buildings and if they had any questions to contact him.  The last points Darvin made were some recommendations he had.  One was to remove physical damage coverage from all passenger autos older than a 2000 model year.  This had already been done with Tyson resulting in a $1,958 savings.  The second was adding property coverage on some of the large items at the ball fields that are not presently covered.  After some discussion it was decided to insure items over $25,000 in value, this resulted in adding the ball field lights, the fencing around the five fields, and the five score boards at the facility.   Mike Hake inquired if the City still had the same coverage on the Power Plant engines.  Darvin stated that yes there was no Boiler and Machinery coverage, but there was Machinery and Breakdown coverage.  Mike also expressed his concern regarding the increase in insurance premiums and thought it would be a good idea to get proposals from other insurance providers next year.  Tyson said he thought we had done that recently.  Debbie Zerr asked permission to address the Council.  Debbie said that Dennis Tubbs with Thomas County Insurance worked on a proposal and because of the hail claims from the July 2011 storm on several City roofs that Thomas County Insurance premiums were higher.  Tyson said he would work on getting proposals for next year.


E.    ANNUAL REPORT OF COLBY RECREATION COMMISSION – STACY JASPER- Stacy had the Council refer to the 2012 Colby Recreation Report in their packets.  Each program was listed with the program supervisor, the duration of the program, and the fee charged for that program.  Stacy went over each program and then told the Council that overall the program participants stayed consistent and that she felt like the Recreation Department had a good year.  Mayor Adrian said he appreciated all of her time in organizing the programs and when he goes to the ball fields he can see how much everyone enjoys the activities going on there.  

F.    DISCUSSION OF DESIGNATING CERTAIN CITY PARKS AS “NO SMOKING”- Tyson said that he took Randy Jones and Peg Tole with him and they reviewed all of the parks in Colby.  Because of the difficulty in the ability to define an area, there were only two parks that they could designate as no smoking areas.  The first area would be the mulched area around the playground at Fike Park.  The second area would be the fenced-in area at South Franklin Park.  Tyson mentioned that drafting an ordinance if the Council wanted to make it law would be the next step.  Mike Hake said he was comfortable with the posting of signs, but we might need a better means of enforcing.  Randy Jones addressed the Council and noted that we do have cameras in those two parks.  He also stated that in Fike Park there is a lot of late night activity and smoking.  Tyson stated that the pool and ball fields are also non-smoking areas and more signs may be needed at those locations.  MOTION BY Peg Tole, seconded by Lance Bolyard to designate the mulched area at Fike Park and the fenced-in area at South Franklin Park as “No Smoking.”  VOTING AYES:  Lance Bolyard, Francis Britton, Mike Hake, Pat Mallory, Bill Mariman, Stan Schmidt, Peg Tole.  NOES: None.  ABSENT: Fred Taylor.  Mayor Adrian declared the motion carried.

G.    DISCUSSION OF PROPOSED DOG PARK- Emily and Chris Keene addressed the Council along with MaKayla Albertson and Michelle Lippelman regarding using the old landfill (“crater”), which is located at the north end of Smith Drive for a proposed dog park.  They asked if the City could mow down to the trees and provide a dumpster up on top of the “crater.”  They stated they would pick up the area and there is in fact water supply there.  They are asking permission to use the park and the City designate the area where they could put up a fence, where the leash law would be relaxed.  They could then raise money for the fence.  They feel that if given the opportunity people would use a dog park facility.  Bill Mariman asked if there was going to be someone there all of the time to regulate whether dogs were tagged.  Emily thought there would be someone from their committee around, but not all of the time.  Randy Jones said his concern as a property owner close to the proposed dog park is if there is no fence.  John Gatz said the City does not want to surrender control of their property and it would happen with them mowing and erecting a fence.  City property needs to be in the supervision of City personnel where it is controlled and regulated.  Mayor Adrian addressed the Dog Park Committee and said they need to have a proposed plan for the fence and more of a definite plan for use of the land.

H.    APPROVAL OF BID SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR RESIN- Tyson said the EPA has changed their minds several times regarding this issue and now this is the correct approach to get resin for the future.  MOTION BY Pat Mallory, seconded by Mike Hake to approve the bid specifications and authorization to solicit bids for resin.  VOTING AYES:  Lance Bolyard, Francis Britton, Mike Hake, Pat Mallory, Bill Mariman, Stan Schmidt, Peg Tole.  NOES: None.  ABSENT: Fred Taylor.  Mayor Adrian declared the motion carried.

I.    APPROVAL OF RESOLUTION NO. 1057 PROVIDING FOR THE ADOPTION OF AN OMNIBUS CONTINUING DISCLOSURE UNDERTAKING RELATING TO OBLIGATIONS ISSUED AND TO BE ISSUED BY THE CITY OF COLBY, KANSAS- Tyson stated this is the paperwork that deals with the disclosure requirements of the bonds.  MOTION BY Pat Mallory, seconded by Francis Britton to approve Resolution No. 1057 Providing for the Adoption of an Omnibus Continuing Disclosure Undertaking Relating to Obligations Issued and to be Issued by the City of Colby, Kansas.  VOTING AYES:  Lance Bolyard, Francis Britton, Mike Hake, Pat Mallory, Bill Mariman, Stan Schmidt, Peg Tole.  NOES: None.  ABSENT: Fred Taylor.  Mayor Adrian declared the motion carried.

J.    APPROVAL OF STATEMENT OF FINAL COSTS, ASSESSMENT ROLL CERTIFICATION, AND WAIVER OF ASSESSMENT PROCEEDINGS – COOPER FIRST ADDITION WATER LINE IMPROVEMENTS- MOTION BY Mike Hake, seconded by Peg Tole to approve the Statement of Final Costs, Assessment Roll Certification, and Waiver of Assessment Proceedings – Cooper First Addition Water Line Improvements.  VOTING AYES:  Lance Bolyard, Francis Britton, Mike Hake, Pat Mallory, Bill Mariman, Stan Schmidt, Peg Tole.  NOES: None.  ABSENT: Fred Taylor.  Mayor Adrian declared the motion carried.
 
K.    APPROVAL OF ORDINANCE NO. 1520 LEVYING SPECIAL ASSESSMENTS TO PAY THE COST OF IMPROVEMENTS ON COOPER FIRST ADDITION WATER LINE- MOTION BY Lance Bolyard, seconded by Mike Hake to approve the Ordinance No. 1520 Levying Special Assessments to Pay the Cost of Improvements on Cooper First Addition Water Line.  VOTING AYES:  Lance Bolyard, Francis Britton, Mike Hake, Pat Mallory, Bill Mariman, Stan Schmidt, Peg Tole.  NOES: None.  ABSENT: Fred Taylor.  Mayor Adrian declared the motion carried.

L.    APPROVAL OF RESOLUTION NO. 1058 AUTHORIZING THE SALE OF GENERAL OBLIGATION BONDS, SERIES 2013-1 – COOPER FIRST ADDITION WATER LINE IMPROVEMENTS- MOTION BY Pat Mallory, seconded by Peg Tole to approve the Resolution No. 1058 Authorizing the Sale of General Obligation Bonds, Series 2013-1 - Cooper First Addition Water Line Improvements.  VOTING AYES:  Lance Bolyard, Francis Britton, Mike Hake, Pat Mallory, Bill Mariman, Stan Schmidt, Peg Tole.  NOES: None.  ABSENT: Fred Taylor.  Mayor Adrian declared the motion carried.

M.    DISCUSSION ON RESTROOM FACILITY FOR SOUTH FRANKLIN PARK- Tyson said he was just the messenger for the architect’s estimate of $99,500 for the restroom facility.  Pat Mallory said there was no way of coming up with that.  Tyson stated that the toilets and sinks were higher end stainless steel, resistant fixtures for more use.  The City’s options are to forget the idea, take bids and see where they come in compared to the estimate or start budgeting for the restroom facility.  The revenue sources available would be sales tax monies or absorb in the normal parks departments budgets.  It was mentioned we should put it in our 5-Year Capital Improvement Plan.  Mike Hake thought we should start budgeting for it and see how the park grows and if there is a real need for it.  Peg Tole and Lance Bolyard agreed.  Pat Mallory and Lance Bolyard thought with the addition of the amphitheatre it would be necessary at that point.  Peg Tole asked where the restroom facility would be placed in the park.  Tyson responded in between the Swim Club Building and the playground.  Tyson said for right now he would have Public Works cap and cover the water and sewer connections.  Tyson also reminded the Council of the sprinkler improvements costing around $30,000-$40,000. The consensus of the Council was to start budgeting for the restroom facility.


REPORTS & DISCUSSIONS:

Chief Randy Jones is retiring effective August 1, 2013.  Tyson thanked and congratulated Randy for all of his years of service.  The Council applauded.  Tyson said he plans to advertise internally for the chief position first.

The KLINK project will start on June 10th and will take place on East 4th Street only on the current asphalt portion, stopping at the east city limits, and South Range starting near the north interstate ramps and head south to the city limits.

Tyson said the packet contained the pool hours and dates for the summer.  His goal is to have an employee retreat the Sunday before the pool opens, which will be May 19th.  Email invitations will be sent out.
Omar, Pat and Tyson will be attending the KMU Conference May 8th-10th.

Mayor Adrian inquired about the status of the old hospital.  Tyson stated that he has not heard much in regards to both the old hospital and Bainter projects.


ADJOURNMENT:

MOTION BY Peg Tole, seconded by Francis Britton to adjourn the meeting at 8:45 P.M.  VOTING AYES:  Lance Bolyard, Francis Britton, Mike Hake, Pat Mallory, Bill Mariman, Stan Schmidt, Peg Tole.  NOES: None.  ABSENT: Fred Taylor.  Mayor Adrian declared the motion carried.


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Deborah K. Zerr, Acting City Clerk