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City Council Minutes
City Council
Council Chambers

September 4, 2018


The City Council of the City of Colby, Kansas, met in regular session on Tuesday, September 4, 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, Bill Mariman, Shari Oren, Stan Schmidt.

ABSENT: Jerad Johnson.

ALSO PRESENT:  Tyson McGreer, City Manager; Omar Weber, Public Utilities Director; John Gatz, City Attorney; Brooks Wederski, Assistant Technology Director; Egan Grafel, Community Building Director; Bobby Fossum, Recreation Director; Debbie Zerr, Finance Director; Marian Ballard, Colby Free Press; Joni Ketchum, City Clerk.


CONSENT AGENDA:

A. APPROVAL OF MINUTES FOR AUGUST 21, 2018 REGULAR MEETING

B. APPROVAL OF PAYROLL TRANSFER ORDINANCE NO. 3482

C. APPROVAL OF PAYROLL ORDINANCE NO. 3483

D. APPROVAL OF GENERAL ORDINANCE NO. 3484

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


OLD BUSINESS:

A. DISCUSSION/ACTION – REVIEW RESOLUTION NO. 1122 AUTHORIZING AND PROVIDING FOR THE CALLING OF A SPECIAL QUESTION ELECTION IN THE CITY OF COLBY, KANSAS, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY THE QUESTION OF AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY TO FINANCE PUBLIC BUILDING IMPROVEMENTS AND IMPOSING A THREE-QUARTERS PERCENT CITYWIDE RETAILERS SALES TAX- Tyson stated that this resolution came from the bond attorney and Exhibit A is what will be on the ballot. He discussed the spreadsheet that showed the projected costs for the building improvements. Tyson feels strongly that they have overstated the expenses and understated the income for this project. He added that these figures don’t include any grants or donations other than the MAC’s contribution. Bruce asked why the ballot read that the City would be “imposing” a tax. John explained that they can’t extend the old tax because it has an end date. A new tax will have to be imposed which will continue for a set amount of years. Tyson mentioned that as long as none of the funds are spent the Council can make a motion to back out on imposing the new sales tax if the cost of the project is too high. Stan asked if the City could put a flyer in with the utility bills with information about the project to better inform the public. Tyson told him that they could send them in the next two bills. MOTION BY Dan Jennings, seconded by Stan Schmidt to approve Resolution No. 1122 authorizing and providing for the calling of a special question election to authorize the issuance of General Obligation Bonds to finance public building improvements and impose a three-quarters percent citywide retailers sales tax. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Sally Jones, Bill Mariman, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Jerad Johnson. Mayor Adrian declared the motion carried.


NEW BUSINESS:

A. DISCUSSION/ACTION – REVIEW THE COMMUNITY BUILDING LOCATION SURVEY RESULTS AND CHOOSE A LOCATION FOR THE PROPOSED COMMUNITY BUILDING- Tyson mentioned that a lot of people are for the proposed Community Building project depending on the site. He added that there will be votes won and lost no matter what the location. Right now the survey shows that 78% want the Franklin and College location and 22% are for the site downtown. S & T has been asked to produce a video regarding information on the building to further educate the public. Several Council members were hesitant about picking a location for the ballot and thought that they would wait to see if it passed or not. Debbie asked the Council if they were sure that they wouldn’t lose votes if a location wasn’t chosen. She stated that in her opinion it would be hard to educate the public if a site wasn’t specified when they go to vote. Tyson told the Council that they didn’t necessarily need an answer tonight, but they would have to make a decision by the next meeting. Bill spoke up and said he would vote for the site at the corner of Franklin and College. Other members eventually agreed that the location by the school and college would be a better fit for what is needed.  MOTION BY Sally Jones, seconded by Dan Jennings to choose the corner of Franklin Avenue and College Drive as the site for the proposed Community Building and have that location be stated on the ballot for the election. Tyson interjected that he will double check everything at the chosen site. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Sally Jones, Bill Mariman, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Jerad Johnson. Mayor Adrian declared the motion carried.

B. DISCUSSION/ACTION – EXECUTIVE SESSION – NON-ELECTED PERSONNEL- MOTION BY Dan Jennings, seconded by Jake Harper to retire into Executive Session at 6:13 P.M. to discuss the City Manager’s annual evaluation, pursuant to the non-elected personnel exception to the Kansas Open Meetings Law with the Mayor, the City Attorney and the City Manager present with the open meeting to resume in the Council Chambers at 6:28 P.M. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Sally Jones, Bill Mariman, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Jerad Johnson. Mayor Adrian declared the motion carried.

C. DISCUSSION/ACTION – CONTRACT REVIEW FOR CITY MANAGER- MOTION BY Stan Schmidt, seconded by Dan Jennings to table the contract review for the City Manager. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Sally Jones, Bill Mariman, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Jerad Johnson. Mayor Adrian declared the motion carried.

D. DISCUSSION/ACTION – EXECUTIVE SESSION – ATTORNEY/CLIENT PRIVILEGE REGARDING PENDING LITIGATION- MOTION BY Stan Schmidt, seconded by Dan Jennings to retire into Executive Session at 6:30 P.M. to consult with the City Attorney regarding pending litigation, 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 6:40 P.M. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Sally Jones, Bill Mariman, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Jerad Johnson. Mayor Adrian declared the motion carried.


REPORTS & DISCUSSIONS:

Tyson reported:

The paving began on the street project on Range Avenue.
Staff will be spraying for mosquitoes twice per day.

Bruce reported:

He asked that the ditch in front of Dillions and the Quilt Cabin be mowed. Omar said they are working toward getting it done.

Stan reported:

He asked when the Walking Trail lights would be finished. Tyson told him that staff ran into some issues with the new 34.5 line rebuild and will get back to that project as soon as possible.


ADJOURNMENT:

MOTION BY Bruce Hansen, seconded by Dan Jennings to adjourn the meeting at 6:48 P.M.  VOTING AYES:  Bruce Hansen, Jake Harper, Dan Jennings, Sally Jones, Bill Mariman, Shari Oren, Stan Schmidt.  NOES:  None.  ABSENT:  Jerad Johnson.  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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