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City Council Minutes
City Council
Council Chambers

November 21, 2017


The City Council of the City of Colby, Kansas, met in regular session on Tuesday, November 21, 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, Shari Oren, Stan Schmidt.

ABSENT: Bill Mariman.

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; Brooks Wederski, Assistant Technology Director; Ron Alexander, Police Chief; Debbie Zerr, Finance Director; Terry Overton, Building Official; Sam Mills, KMEA; Theron Froggatte, Froggatte & Co.; Dustin Daniels, Foley Equipment; Joni Ketchum, City Clerk.


CONSENT AGENDA:

A. APPROVAL OF MINUTES FOR NOVEMBER 7, 2017 REGULAR MEETING

B. APPROVAL OF PAYROLL ORDINANCE NO. 3434

C. APPROVAL OF GENERAL ORDINANCE NO. 3435

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:

DISCUSSION/ACTION – ORDINANCE NO. 1584 AMENDING ORDINANCE NO. 1527 ZONING REGULATIONS, ARTICLE 1 SECTION 21-103, SINGLE FAMILY DWELLING DISTRICT- Tyson explained that upon further review of the language in this ordinance it was correct as it was presented at the last meeting. He added that Ordinance No. 1584 amends the Zoning Regulations which are not part of the City’s Municipal Code. MOTION BY Dan Jennings, seconded by Bruce Hansen to approve Ordinance No. 1584 amending Ordinance No. 1527 Zoning Regulations, Article 1, Section 21-103, Single Family Dwelling District. 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.

DISCUSSION/ACTION – OMAR WEBER BIDS FOR MINI – EXCAVATOR- Sally excused herself from the Council table due to a conflict of interest. Tyson mentioned that the options for leases on the mini-excavator were included in the packets as requested by the Council. He said some of the companies don’t even offer lease programs and others are basically just a finance plan. He added that he doesn’t care for leasing especially when the City has the funds to buy the excavator outright. Tyson told the Council that all are local qualified bids and he and Omar recommend the New Holland at $42,867. Bruce asked Omar if the New Holland meets their needs and Omar told him that it meets all the specs. Jake asked why they had an out-of-town bid. Tyson told the Council members that next time they will specify that it is for local bidders only unless it isn’t available locally. Dan said after some research they can justify purchasing the excavator. Jake stated that the only benefit to leasing is that you can update more often. Bruce said that if the New Holland meets all the specs then they need to approve the lowest local bid. MOTION BY Dan Jennings, seconded by Stan Schmidt to approve the purchase of the New Holland mini-excavator from Farm Implement for a cost of $42,867. VOTING AYES: Bruce Hansen, Jake Harper, Dan Jennings, Jerad Johnson, Shari Oren, Stan Schmidt. NOES: None. ABSTAINED: Sally Jones. ABSENT: Bill Mariman. Mayor Adrian declared the motion carried.


NEW BUSINESS:

{PUBLIC HEARING} – ISSUANCE OF TAXABLE INDUSTRIAL REVENUE BONDS (WWS, INC.) IN THE AMOUNT OF $5,000,000 AND IN REGARD TO AN EXEMPTION FROM AD VALOREM TAXATION OF PROPERTY CONSTRUCTED WITH THE PROCEEDS OF SUCH BONDS- The Public Hearing for the Issuance of Taxable Industrial Revenue Bonds for WWS, Inc. in the amount of $5,000,000 and in regard to an exemption from Ad Valorem Taxation of property constructed with the proceeds of such bonds was opened at 5:44 P.M. After no public comments the Public Hearing was closed at 5:45 P.M.

DISCUSSION/ACTION – RESOLUTION NO. 1112 DETERMINING THE ADVISABILITY OF ISSUING TAXABLE INDUSTRIAL REVENUE BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A COMMERCIAL HOTEL FACILITY TO BE LOCATED IN THE CITY OF COLBY- Theron Froggatte from Froggatte & Co. was at the Council meeting representing WWS, Inc. regarding the Issuance of Taxable Industrial Revenue Bonds for the construction of a hotel located in the City of Colby. This is the formal resolution of intent approving the request. Mr. Froggatte told the Council members that based on the findings this meets the required parameters set in a cost benefit analysis. Sally asked where the hotel will be located and she was told that it would sit to the south of the current Comfort Inn. Bruce asked why the address wasn’t on Horton Avenue instead of Range Avenue. Tyson told him that it might change as the project moves forward contingent upon the zoning and setbacks. MOTION BY Jerad Johnson, seconded by Stan Schmidt to approve Resolution No. 1112 determining the advisability of the Issuance of Taxable Industrial Revenue Bonds for the purpose of financing the acquisition, construction and equipping of a commercial hotel facility to be located in the City of Colby. 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.

DISCUSSION/ACTION – BUCKEYE WIND FARM PROJECT AGREEMENT BETWEEN KANSAS MUNICIPAL ENERGY AGENCY AND THE CITY OF COLBY AND RESOLUTION NO. 1113 AUTHORIZING THE EXECUTION OF THE BUCKEYE WIND FARM PROJECT AGREEMENT BETWEEN THE CITY OF COLBY AND THE KANSAS MUNICIPAL ENERGY AGENCY- Tyson introduced Sam Mills from KMEA who was present to help explain the details of the Buckeye Wind Farm Project Agreement between KMEA and the City. Mr. Mills gave a brief history on the Buckeye Wind Farm to the Council members. He stated that he has already had sixteen cities in Kansas sign agreements with KMEA for this project. It was explained that the City could sell to the market for more than the City will pay for the wind power. Tyson said between the 1 MW from Midwest Energy and if we purchase 1 MW from this project it would give the City approximately 14% of our total needs in wind power. He doesn’t recommend purchasing anything over the 1 MW but anything at or below that he feels is a good solid purchase. The cost of the project is $10.25 per MW hour for a term of 15 years starting June 1, 2018. Jerad asked if that price will go up over the term of the agreement. Tyson said there is a cost escalator included in the packet that states the cost from year 1 to year 15. He added that the City has until November 30th to be set up for the study. The Council all liked the idea of purchasing 1 MW. MOTION BY Dan Jennings, seconded by Stan Schmidt to approve the Buckeye Wind Farm Project Agreement between KMEA and the City and approve Resolution No. 1113 authorizing the execution of the Buckeye Wind Farm Project Agreement between KMEA and the City and authorize the Mayor to sign all related documents associated with the project. 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.

DISCUSSION/ACTION – DEB ZERR AMENDMENT OF 2017 BUDGET AND THE NOTICE OF BUDGET HEARING FOR DECEMBER 5, 2017 AT 5:30 P.M. AT CITY HALL COUNCIL CHAMBERS AMENDING THE 2017 BUDGET- Debbie provided a memo for the Council members regarding the amendment to the 2017 Budget and she asked if they had any questions. Tyson mentioned that all the items had already been approved by them previously. Debbie added that she has to show the total expenditures for auditing purposes. MOTION BY Sally Jones, seconded by Dan Jennings to set the Budget Hearing for the amendment of the 2017 Budget for December 5, 2017 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.

DISCUSSION/ACTION – DEB ZERR – CONSIDERATION OF GIVING CUSTOMERS A $5.00 CREDIT FOR SIGNING UP FOR E-BILLING- Debbie explained the purpose of the $5.00 credit for signing up for e-billing to the Council. Dan asked how much it cost the City to send out the bills and Debbie told him about $950.00 per month. The memo would go out in the bills for this month. Jake wanted to know if there was a time limit on signing up and Debbie told him that they would give the customers until December 31st. MOTION BY Dan Jennings, seconded by Sally Jones to approve a $5.00 credit to customers that signed up for e-billing by December 31, 2017. 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.

DISCUSSION/ACTION – 2018 RENEWAL RATES FOR BLUECROSS/BLUE SHIELD INSURANCE- Tyson told the Council that the Blue Cross/Blue Shield renewal rates for 2018 increased by around 1% and they had budgeted for a 15% increase. The Council all felt this was a good deal. MOTION BY Bruce Hansen, seconded by Dan Jennings to approve the 2018 renewal rates for Blue Cross/Blue Shield. 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.

DISCUSSION/ACTION – PAYMENT VOUCHER # 2 FOR PROJECT NO. 25-97 U-0751-01 IN THE AMOUNT OF $3,221.33 AND NOTICE OF ACCEPTANCE- Tyson stated that Payment Voucher #2 is for the remainder of Project No. 25-97 U-0751-01 in the amount of $3,221.33 for the striping. When filing for reimbursement from KDOT on the project, the City was informed that they will only reimburse us when the project is finished. Tyson said he felt it was better to pay for the striping now so the City can get reimbursed the $300,000. He added that they will have to waive the warranty period for the striping but the likelihood of it going bad is low. MOTION BY Jerad Johnson, seconded by Stan Schmidt to approve Payment Voucher #2 for Project No. 25-97 U-0751-01 in the amount of $3,221.33 and the notice of acceptance. 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:

Discussed setting the end-of-year meeting on December 27th or 28th. He will place this on the agenda for the next meeting.

The new law states that new Council members must be inducted by January 8th, so we will have a brief meeting on that day at 5:30 P.M.

The Christmas lights are up.

The shoulders on Range have been shaved down with the help of the County.

He will go over the Power Plant Presentation at the next meeting. Sam Mills and Mike Schmader will be in attendance.

The Community Building Open House will be delayed until after the new information on the Justice Center is out to the public. Jake mentioned that he has had several negative comments on the plans for the Community Building.

Bruce reported:

Had a complaint on the dirt on Fourth Street from the Justice Center Project.

Had a complaint that harvest trucks are blowing through the stop sign on Country Club Drive.

Stan reported:

He asked why there was no stop light on the top of the pole that was replaced on Fourth and Range. Gordon said he wasn’t aware that there wasn’t one. He said he will make sure one gets up.

The street lights on Zelfer and Range aren’t working.


ADJOURNMENT:

MOTION BY Bruce Hansen, seconded by Dan Jennings to adjourn the meeting at 7:01 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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