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City Council Minutes
City Council
Council Chambers

November 20, 2018

The City Council of the City of Colby, Kansas, met in regular session on Tuesday, November 20, 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, Jerad Johnson, Sally Jones, Shari Oren, Stan Schmidt.

ABSENT: Bill Mariman.

ALSO PRESENT:  Tyson McGreer, City Manager; Omar Weber, Public Utilities Director; Bob McLemore, Fire Chief; John Gatz, City Attorney; Brooks Wederski, Assistant Technology Director; Ron Alexander, Police Chief; Debbie Zerr, Finance Director; Marian Ballard, Colby Free Press; Bruce Flipse, Overtime LLC; Billy Turner, Yu Fang Lin, THTP, LLC; Jacee Dobbs, Denise Juenemann, CMCI; Lynn Walker, Aaron Smith, Dennis Smith, LK Architecture; Joni Ketchum, City Clerk.

CONSENT AGENDA:

A. APPROVAL OF MINUTES FOR NOVEMBER 6, 2018 REGULAR MEETING

B. APPROVAL OF PAYROLL ORDINANCE NO. 3495

C. APPROVAL OF GENERAL ORDINANCE NO. 3496

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


OLD BUSINESS:

A. DISCUSSION/ACTION – COMMUNITY BUILDING PLANS- Mayor Adrian commented that he has had people tell him how proud they are of the City Manager and the City Council regarding their work on the new civic center. Tyson reported that they spent the better part of this afternoon with the representatives from LK Architecture and they are present this evening to give everyone a brief rundown of how they will proceed with the new center. Dennis Smith from LK Architecture thanked Tyson, Mayor Adrian and the Council for all their hard work on this project. He discussed the extra wants and needs for the new building and stated that they will keep the budget in mind while addressing these during the final design stage. Dennis stated that they will approach this project like there is a budget problem, so the focus can be on spending the money wisely. He added that the amount that has already been spent with LK Architecture is part of the original agreement. Dennis went on to report that all contractors working on the project are contracted through their firm and the first item will be to complete the design. There will be a one month bid period in April, with bid openings in May and hopefully start construction in June. Dennis told the Council that LK Architecture will be available to help evaluate the bids and help administer the project going forward. During construction, LK is planning to be on site 2-3 days every two weeks to ensure that the contractors are building the Event Center to their specifications. Bruce asked if the head contractor answers to anyone at LK Architecture and Dennis told him that Lynn Walker will be the contact for them. He did add that the structural engineer and the civil engineer are contracted outside of LK Architecture. Dennis stated that they will try to coordinate their days here so they can attend the Council meetings once per month.


NEW BUSINESS:

A. {PUBLIC HEARING} REQUEST FROM YU FANG LIN, MANAGER OF THTP LLC. AT 310 FRANKLIN AVE. COLBY THAT THEY BE GRANTED A WAIVER TO OPERATE A DRINKING ESTABLISHMENT WITHIN 300 FEET OF A CHURCH- The Public Hearing for the request from Yu Fang Lin, the manager of THTP, LLC located at 310 N. Franklin, that they be granted a waiver to operate a drinking establishment within 300 feet of a church was opened at 5:40 P.M. and with no comments from the public was closed at 5:41 P.M.

B. DISCUSSION/ACTION – WAIVER REQUEST TO OPERATE A DRINKING ESTABLISHMENT WITHIN 300 FEET OF A CHURCH FOR YU FANG LIN, MANAGER OF THTP LLC. AT 310 FRANKLIN AVE. COLBY- Tyson reported that the proper notices were sent out to surrounding businesses concerning the waiver request from the manager of THTP, LLC located at 310 N. Franklin to operate a drinking establishment within 300 feet of a church. The Redeeming Love Church responded with their support and approval of the request. MOTION BY Sally Jones, seconded by Stan Schmidt to approve the request from THTP, LLC located at 310 N. Franklin to operate a drinking establishment within 300 feet of a church. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Bill Mariman. Mayor Adrian declared the motion carried.

C. DISCUSSION/ACTION – SPECIAL USE PERMIT FOR OVERTIME LLC FOR PROPERTY LOCATED AT 465 N. SHERMAN AVE. FOR THE PURPOSE OF A TRAVEL CAMP FOR RECREATIONAL VEHICLES OF A NON-PERMANENT NATURE- Tyson told the Council that the Special Use Permit Application for Overtime LLC for the purpose of a travel camp located at 465 N. Sherman was approved by the Planning Commission. He added that this type of permit is reviewed annually and will allow a total of three recreational vehicles on this property. Sally asked about utilities at this location. Tyson stated that this was originally a trailer court so there is already all utilities there. She then asked if this would be a permanent permit. Bruce Flipse told her that it will be in place as long as the spaces are needed. Jerad replied that he had no problem with the request. MOTION BY Jerad Johnson, seconded by Stan Schmidt to approve the request for a Special Use Permit for Overtime LLC for the property located at 465 N. Sherman for the purpose of a travel camp for a total of three recreational vehicles. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Bill Mariman. Mayor Adrian declared the motion carried.

D. DISCUSSION/ACTION – SPECIAL USE PERMIT APPLICATION FOR JIM DEIBERT FOR PROPERTY LOCATED AT 675 HILL ST. FOR THE PURPOSE OF A TRAVEL CAMP FOR RECREATIONAL VEHICLES OF A NON-PERMANENT NATURE- Tyson stated that the Special Use Permit Application from Jim Deibert for the purpose of a travel camp located at 675 Hill Street was approved by the Planning Commission. This permit is reviewed annually and will allow a total of eight recreational vehicles on this property. Tyson added that this area is zoned industrial and Mr. Deibert will put in utilities at his expense. Bruce asked if they will have to rezone this property. Tyson told him that there is no zoning for trailers which is why it has to be a special permit and the wording is very specific. Dan is concerned about other people wanting to place RV’s just anywhere they want to and Tyson said he would make a stance on not allowing them in residential areas. He added that there is a high demand right now for this type of place to stay. Jerad said it would be no more of an eyesore than there is now. Tyson reiterated to the Council that these RV’s are not permanent. MOTION BY Stan Schmidt, seconded by Dan Jennings to approve the request for a Special Use Permit for Jim Deibert for the property located at 675 Hill Street for the purpose of a travel camp for a total of eight recreational vehicles. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Bill Mariman. Mayor Adrian declared the motion carried.

E. DISCUSSION/ACTION – SPECIAL USE PERMIT FOR CITIZENS HEALTH, A KANSAS CORPORATION, FOR THE PLACEMENT OF A 4-PLEX MANUFACTURED BUILDING FOR THE OPERATION OF AN EMPLOYEE DAYCARE, LOCATED AT 100 EAST COLLEGE DR., COLBY, KANSAS 67701- Sally excused herself from the Council table due to a conflict of interest. Tyson mentioned that this Special Use Permit for Citizens Health for the placement of a 4-plex manufactured building for the operation of an employee daycare was approved by the Planning Commission. Tyson wanted to make it clear to the Council that the permit is for the building not for the use of the building. Jacee Dobbs was present to answer any questions from the Council. Bruce asked her where the building would be placed and she told him that it will be just west of the Lifeteam building. Bruce then asked Jacee whether non-employees will be able to utilize the facility. Jacee told him that right now the daycare is full with employee’s children, but if there would be an opening that was not filled by an employee they would open it up. She added that right now there is a waiting list and the hospital is hoping that they will be able to expand the facility in the future. Stan asked if it would be open 24 hours a day and she told him that at this point they would only have extended hours. MOTION BY Stan Schmidt, seconded by Jerad Johnson to approve the Special Use Permit for Citizens Health for the placement of a 4-plex manufactured building for the operation of an employee daycare located at 100 E. College Drive. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Bill Mariman. Mayor Adrian declared the motion carried.

F. DISCUSSION/ACTION – NEW HOME OCCUPATION APPLICATION FROM ANGELA M. GAEDE FOR THE OASIS BREAD SHOPPE LOCATED AT 310 S. MISSION RIDGE, COLBY, KS. 67701- MOTION BY Dan Jennings, seconded by Bruce Hansen to approve the new Home Occupation Application from Angela Gaede for The Oasis Bread Shoppe located at 310 S. Mission Ridge. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Bill Mariman. Mayor Adrian declared the motion carried.

G. DISCUSSION/ACTION – NEW HOME OCCUPATION APPLICATION FROM JOSH AND LYNN EISENBART FOR LIMITLESS EXPRESSIONS. LLC. LOCATED AT 565 N. MISSION RIDGE, COLBY, KS. 67701- Bruce asked what type of business Limitless Expressions was and Tyson answered that they will do custom apparel. MOTION BY Dan Jennings, seconded by Shari Oren to approve the new Home Occupation Application from Josh and Lynn Eisenbart for Limitless Expression, LLC located at 565 N. Mission Ridge. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Bill Mariman. Mayor Adrian declared the motion carried.

H. DISCUSSION/ACTION – ORDINANCE NO. 1603 DESIGNATING TERM OF OFFICE, COMPENSATION, QUALIFICATIONS AND DUTIES OF THE CITY ATTORNEY: REPEALING ORDINANCE NO. 1589 DATED DECEMBER 5, 2017- MOTION BY Stan Schmidt, seconded Dan Jennings to approve Ordinance No. 1603 designating the term of office, compensation, qualifications and duties of the City Attorney. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Bill Mariman. Mayor Adrian declared the motion carried.

I. DISCUSSION/ACTION – MAYOR’S APPOINTMENT OF JOHN GATZ AS CITY ATTORNEY FOR THE 2019 TERM- MOTION BY Dan Jennings, seconded by Sally Jones to approve the Mayor’s appointment of John Gatz as the City Attorney for the 2019 term. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Bill Mariman. Mayor Adrian declared the motion carried.

J. DISCUSSION/ACTION – ORDINANCE NO. 1604 DESIGNATING TERM OF OFFICE, COMPENSATION, QUALIFICATIONS AND DUTIES OF THE CITY PROSECUTOR: REPEALING ORDINANCE NO. 1587 DATED DECEMBER 5, 2017- MOTION BY Stan Schmidt, seconded by Jerad Johnson to approve Ordinance No. 1604 designating the term of office, compensation, qualifications and duties of the City Prosecutor. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Bill Mariman. Mayor Adrian declared the motion carried.

K. DISCUSSION/ACTION – MAYOR’S APPOINTMENT OF HEATHER ALWIN AS CITY PROSECUTOR FOR THE 2019 TERM- MOTION BY Stan Schmidt, seconded by Dan Jennings to approve the Mayor’s appointment of Heather Alwin as the City Prosecutor for the 2019 term. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Bill Mariman. Mayor Adrian declared the motion carried.

L. DISCUSSION/ACTION – RENEWAL OF THE BLUE CROSS/BLUE SHIELD CITY HEALTH/DENTAL AND PRESCRIPTION PLAN FOR 2019 EFFECTIVE FEBRUARY 1, 2019- Tyson reported to the Council that the Blue Cross/Blue Shield renewal premium is down an average of 4% for next year. MOTION BY Jerad Johnson, seconded by Bruce Hansen to approve the renewal of the Blue Cross/Blue Shield Health, Dental and Prescription Plan for 2019 that is effective February 1, 2019. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Bill Mariman. Mayor Adrian declared the motion carried.

M. DISCUSSION/ACTION – 2019 NEW HANGAR LEASE FEES FOR SHALZ FIELD- Tyson explained that the City increases the hangar lot lease fees by 3% each year. Enclosed in the packet is the new rates for 2019. MOTION BY Sally Jones, seconded by Stan Schmidt to approve the new hangar lease fees for 2019. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Bill Mariman. Mayor Adrian declared the motion carried.

N. DISCUSSION/ACTION – REVIEW BIDS FOR BUILDING/CODE ENFORCEMENT VEHICLE- The following bids were received for the building/code enforcement vehicle:

2019 Ford Escape SE with trade-in..................................................$17,457.34
2019 Ford Edge SE with trade-in………………………………………$27,335.00
2018 Ford Eco Sport SE with-in………………………………………..$15,890.00
2018 Dodge Journey with trade-in....................................................$18,585.00
2019 Jeep Cherokee with trade-in……………………………………..$17,612.00

O. Although the Ford Eco Sport is priced $1,567.00 lower than the Ford Escape, it did not meet the specified wheel base and Sean felt it was too small. There is $18,000.00 in MERF for this vehicle. Bruce asked if it will be used in any other department. Tyson said if it was necessary it could be. Bruce then asked if Sean drove it to and from work and Tyson answered that this vehicle stays at City Hall. MOTION BY Sally Jones, seconded by Dan Jennings to approve the purchase of the Ford Escape SE for a total cost of $17,457.34 with the trade-in. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Bill Mariman. Mayor Adrian declared the motion carried.

P. DISCUSSION/ACTION – SET END-OF-YEAR SPECIAL COUNCIL MEETING FOR DECEMBER 28TH AT 7:30 A.M. IN COUNCIL CHAMBERS- MOTION BY Bruce Hansen, seconded by Jerad Johnson to set the end-of-year Special Council meeting for December 28th at 7:30 A.M. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Bill Mariman. Mayor Adrian declared the motion carried.

Q. DISCUSSION/ACTION – SET BUDGET HEARING FOR AMENDING THE 2018 BUDGET FOR THE NEXT COUNCIL MEETING OF DECEMBER 4, 2018 AT 5:30 P.M.- MOTION BY Stan Schmidt, seconded by Dan Jennings to set the Budget Hearing for amending the 2018 Budget for the next Council meeting on December 4, 2018 at 5:30 P.M. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Shari Oren, Stan Schmidt. NOES: None. ABSENT: Bill Mariman. Mayor Adrian declared the motion carried.


REPORTS & DISCUSSIONS:

Tyson reported:

There are two Police Department officers starting on November 26th. One is a replacement and the other is the extra officer that has been needed. Bruce asked if there were any applicants that were already trained and Ron answered no.

A Street Department employee was hired and will also start on November 26th.

The new street sweeper is out and working. Tyson said he was impressed with its capabilities. It is very effective and works better than the old one. 

The Christmas decorations are up around town.

All departments are working toward end-of-year projects.

There is a UTV Ordinance that might need to be looked at closer. Ron is concerned about the growing number of people that might use them. They can’t be tagged but require a licensed driver to operate them. He interprets that they are only to be run on streets other than Fourth Street and Range Avenue. John Gatz agreed that the ordinance needs to be reviewed. 

Jake reported:

He asked what was happening at the intersection of Franklin Avenue and College Drive. Tyson explained that there were problems when the asphalt was originally done and they are fixing it.

Bruce reported:

He asked about the building on the college campus that used to be the old racket ball court. Tyson said they converted it into a hangout for college athletes.

Dan reported:

He asked about the status of the Council meetings on the days that Tyson will be away at school. Tyson said this won’t happen until February and they will take a closer look at what needs to happen closer to that time. It was suggested to change the Council meetings to Mondays until he is finished with his classes.


ADJOURNMENT:

MOTION BY Bruce Hansen, seconded by Stan Schmidt to adjourn the meeting at 6:39 P.M.  VOTING AYES:  Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Sally Jones, Shari Oren, Stan Schmidt.  NOES:  None.  ABSENT:  Bill Mariman.  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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