City Council Minutes
City Council
Council Chambers
August 17, 2010
The City Council of the City of Colby, Kansas, met in regular session on Tuesday, August 17, 2010, at 7:30 P.M. in the Council Chambers. The meeting was called to order by Mayor Ken Bieber.
ATTENDANCE:
PRESENT: Mayor Ken Bieber. Council Members Jim Brown, Beverly Eicher, Tim Hutfles, Pat Mallory, Fred Taylor, Dave Voss, Raymond Weber.
ABSENT: Mark Beringer.
ALSO PRESENT: Carolyn Armstrong, City Manager; Chris Bieker, Public Utilities Director; Gordon Gilbert, Assistant Public Utilities Director; Sean Hankin, Assistant Fire Chief; John Gatz, City Attorney; Mike Albers, Technology Director; Randy Jones, Police Chief; Rick Dickman, Building Official; Debbie Zerr, Finance Director; Casey Pace, McCormick Excavation & Paving, LLC; Andy Heintz, Colby Free Press; Tom Barlow, Kerry Turner, Meadow Lake Inc.; Bernard Meyer Butch Cox, Joni Ketchum, City Clerk.
CONSENT AGENDA:
A. APPROVAL OF MINUTES OF AUGUST 3, 2010 REGULAR MEETING
B. APPROVAL OF PAYROLL ORDINANCE NO. 2999
C. APPROVAL OF GENERAL ORDINANCE NO. 3000
D. APPROVAL OF HOME OCCUPATION PERMIT FOR AUTO-TEC – LARRY MCLEMORE, 615 N. COURT AVENUE
E. APPROVAL OF REQUEST TO HOLD 2010 RELAY FOR LIFE ACTIVITIES IN FIKE PARK ON FRIDAY, AUGUST 27, 2010 BEGINNING AT 7:00 P.M. THROUGH SATURDAY, AUGUST 28, 2010 AT 7:00 A.M., WITH STREET CLOSINGS ON FRANKLIN AVENUE, 8TH STREET, COURT AVENUE, AND FIKE PARK ROAD
F. APPROVAL OF HOMECOMING PARADE ROUTE ON FRIDAY, SEPTEMBER 10, 2010 AT 2:30 P.M. – STARTING AT FIKE PARK AND GOING SOUTH ON FRANKLIN AVENUE TO THIRD STREET, THEN WEST ON THIRD STREET TO DENNEN FIELD
Mayor Bieber said that under New Business item C. APPROVAL OF 5-YEAR CAPITAL IMPROVEMENT PLAN FOR 2011-2015, the sentence saying that the EPA will be turning the Wastewater Treatment Plant back to the City, should read the Water Treatment Plant back to the City. MOTION BY Tim Hutfles, seconded by Fred Taylor to approve the consent agenda as amended. VOTING AYES: Jim Brown, Beverly Eicher, Tim Hutfles, Pat Mallory, Fred Taylor, Dave Voss, Raymond Weber. NOES: None. ABSENT: Mark Beringer. Mayor Bieber declared the motion carried.
OLD BUSINESS:
A. UPDATE ON LEASE WITH MEADOW LAKE- The lease was received from representatives of Meadow Lake, but it had been altered considerably. Mayor Bieber said that the Council shouldn’t consider the lease in its present form and that they should look at other alternatives. Fred Taylor said that he is not interested in the lease as amended. Mayor Bieber said that if the lease is renegotiated, the attorney’s fees need to be added in. Kerry Turner and Tom Barlow from Meadow Lake were both present at the meeting, but declined to speak to the Council when asked.
NEW BUSINESS:
A. RESOLUTION NO. 1013 ESTABLISHING SEPTEMBER 21, 2010 AT 7:30 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER THE ADOPTION OF A REDEVELOPMENT PROJECT PLAN (BOSSELMAN PROJECT)- This is the next step in the process of using tax increment financing for the improvements on Willow Avenue. Based on the analysis by Theron Froggatte of Oppenheimer & Company, the project can be financed over either a 10- or 15-year period depending on interest rates. He suggested that if the City is awarded the Recovery Zone Bonds, we should bid both the Recovery Zone Bonds and General Obligation TIF Bonds. The Recovery Zone Bonds wouldn’t count against the City’s maximum debt limitation of 30% of the assessed valuation. MOTION BY Jim Brown, seconded by Pat Mallory to approve Resolution No. 1013 establishing September 21, 2010 at 7:30 P.M. as the date and time for a Public Hearing to consider the adoption of a redevelopment project plan (Bosselman Project). VOTING AYES: Jim Brown, Beverly Eicher, Tim Hutfles, Pat Mallory, Fred Taylor, Dave Voss, Raymond Weber. NOES: None. ABSENT: Mark Beringer. Mayor Bieber declared the motion carried.
Mark Beringer arrived at 7:42 P.M.
B. ORDINANCE NO. 1479 AMENDING MUNICIPAL CODE 8-101 ON MEMBERS FOR THE BOARD OF HEALTH- The City is having trouble finding a physician to serve on the Health Board and Mayor Bieber asked Carolyn to check with the League to see if a physician’s assistant or a nurse practitioner could serve. The League indicated that it was a municipal code that the City could change however they wanted and that some cities use registered nurses. Dave Voss said that he thought an ARNP had the level of training but he has a problem with a PA. Tim Hutfles asked Carolyn what the job description was for the Board of Health. She said that in the past the City has only used the physicians to do inspections and recommendations on homes that might need condemned. MOTION BY Pat Mallory, seconded by Raymond Weber to approve Ordinance No. 1479 amending Municipal Code 8-101 on allowing a physician, a physician’s assistant or a nurse practitioner to serve on the Health Board as the City’s health officer. VOTING AYES: Jim Brown, Mark Beringer, Beverly Eicher, Pat Mallory, Fred Taylor, Raymond Weber. NOES: Tim Hutfles, Dave Voss. ABSENT: None. Mayor Bieber declared the motion carried.
C. APPROVAL OF AMENDMENT NO. 1 TO TRANSACTION AGREEMENT BETWEEN MIDWEST ENERGY AND THE CITY OF COLBY TO INCLUDE KANSAS TORT CLAIMS INDEMNIFICATION- Midwest Energy feels that the Kansas Tort Claims indemnification is automatically provided, but they have no problem with providing it through an amendment and they prefer that all the agreements for the City be the same. MOTION BY Dave Voss, seconded by Jim Brown to approve Amendment No. 1 to transaction agreement between Midwest Energy and the City of Colby to include the Kansas Tort Claims Indemnification. VOTING AYES: Jim Brown, Mark Beringer, Beverly Eicher, Tim Hutfles, Pat Mallory, Fred Taylor, Dave Voss, Raymond Weber. NOES: None. ABSENT: None. Mayor Bieber declared the motion carried.
D. APPROVAL OF KDOT GRANT APPLICATION FOR AWOS UPGRADE AT COLBY SHALZ FIELD- The automated weather observation system at the airport was installed in the mid-1990’s by City staff and is obsolete. Mike Albers is getting parts off e-bay because most of the components are not supported and are no longer available. The Airport Board has recommended that the City apply to KDOT for a grant to upgrade the obsolete modules with the City’s share of the grant being 25% or $12,178.75. The equipment will be purchased from Vaisala and installed by Jerry Miller from Oberlin. MOTION BY Beverly Eicher, seconded by Dave Voss to approve the KDOT grant application for the automated weather observation system (AWOS) at Colby Shalz Field with the City’s share of the grant being $12,178.75. VOTING AYES: Jim Brown, Mark Beringer, Beverly Eicher, Tim Hutfles, Pat Mallory, Fred Taylor, Dave Voss, Raymond Weber. NOES: None. ABSENT: None. Mayor Bieber declared the motion carried.
E. APPROVAL OF TAKE CHARGE CHALLENGE MEMORANDUM OF UNDERSTANDING- This item was tabled.
F. RESOLUTION NO. 1014 ACCEPTING THE TAKE CHARGE ENERGY CHALLENGE- This item was tabled.
G. ORDINANCE NO. 1480 ADOPTING STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES, 2010 EDITION- The Standard Traffic Ordinance is prepared by the League each year to update the laws which have been changed by the Legislature. Carolyn prepared a brief synopsis of the changes for the packets and mentioned that there was an error on the Equipment for Motorcycle Operator or Rider. It should state that a passenger on a motorcycle or motorized bicycle under the age of 18 is required to have a helmet and protective glasses, goggles or a face shield. MOTION BY Mark Beringer, seconded by Pat Mallory to approve Ordinance No. 1480 adopting the 2010 Edition of the Standard Traffic Ordinance for Kansas Cities. VOTING AYES: Jim Brown, Mark Beringer, Beverly Eicher, Tim Hutfles, Pat Mallory, Fred Taylor, Dave Voss, Raymond Weber. NOES: None. ABSENT: None. Mayor Bieber declared the motion carried.
H. ORDINANCE NO. 1481 ADOPTING UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES, 2010 EDITION- The Uniform Public Offense Code is prepared by the League to update the changes in the State Statutes on public offenses. Tim Hutfles questioned the code for Domestic Battery and was told that the City prosecutes the first and second offenses and that the third offense is a felony. The State Statute changed to give municipal court jurisdiction over domestic battery if desired, but it is not reflected in the Uniform Public Offense Code for 2010. Carolyn said if the City wants to change this, a separate ordinance will be required. MOTION BY Dave Voss, seconded by Fred Taylor to approve Ordinance No. 1481 adopting the 2010 Edition of the Uniform Public Offense Code for Kansas Cities. VOTING AYES: Jim Brown, Mark Beringer, Beverly Eicher, Tim Hutfles, Pat Mallory, Fred Taylor, Dave Voss, Raymond Weber. NOES: None. ABSENT: None. Mayor Bieber declared the motion carried.
I. REQUEST FOR APPROVED USE IN I-1 DISTRICT – ASPHALT PLANT- JIM MCCORMICK- Jim McCormick is interested in purchasing land on the south end of Thielen Avenue in the Ostmeyer Addition and additional property west of there for his asphalt plant and an office. Casey Pace was at the meeting to answer questions from the Council. Although the area is zoned I-1, Industrial, an asphalt plant is not a permitted use in any zone in the City. It would be an appropriate use to be considered in certain I-1 zones and the Planning Commission considered the matter and recommended approval. It was noted in the discussion that previous temporary asphalt plants have been located in the Ostmeyer Addition and that the roads were constructed for heavy truck traffic. Dave Voss asked if any of the adjacent property owners had a problem with the location of the asphalt plant because of the heavy traffic. Jim Brown said that he never noticed any problems, but he knows some of the property owners had concerns in the past. Raymond Weber asked Chris Bieker if Thielen Avenue could withstand the heavy traffic. Chris said that Thielen Avenue will have to be redone eventually. Fred Taylor asked the Council where else do you put an industrial business. He said if the area is already zoned industrial, then he has no problem with the asphalt plants’ location. Mr. Pace was asked how many tons of asphalt would come from this plant and he answered that there would be anywhere from 11,000 to 20,000 tons of asphalt. The plant will only employ a couple of people right now, but they eventually want to expand and hire local people. MOTION BY Fred Taylor, seconded by Mark Beringer to approve the request for the use of Lots #2 and #3, Block 3, of the I-70 Industrial Park and Lot #5, Block 10, in the Ostmeyer Addition for an asphalt plant and office. VOTING AYES: Jim Brown, Mark Beringer, Beverly Eicher, Tim Hutfles, Pat Mallory, Fred Taylor, Dave Voss, Raymond Weber. NOES: None. ABSENT: None. Mayor Bieber declared the motion carried.
EXECUTIVE SESSION: Pending Litigation
MOTION BY Pat Mallory, seconded by Jim Brown to retire into Executive Session at 8:05 P.M. for 20 minutes to discuss Pending Litigation and returned to regular session at 8:25 P.M.
MOTION BY Fred Taylor, seconded by Raymond Weber to retire into Executive Session at 8:25 P.M. for another 5 minutes to discuss Pending Litigation and returned to regular session at 8:30 P.M.
MOTION BY Raymond Weber, seconded by Fred Taylor to authorize John Gatz to take action to recover the use and possession of City property and evict and remove Meadow Lake Inc. by any and all available legal or equitable remedies. VOTING AYES: Jim Brown, Mark Beringer, Beverly Eicher, Tim Hutfles, Pat Mallory, Fred Taylor, Dave Voss, Raymond Weber. NOES: None. ABSENT: None. Mayor Bieber declared the motion carried.
REPORTS & DISCUSSIONS:
Carolyn will be in Salina on Wednesday, August 18th for KMEA and in Topeka on Thursday, August 19th to chair the Governmental Ethics and Public Employees policy meeting. She will also be gone on August 26th for a medical appointment and on vacation from the 27th through the 31st.
Mark Beringer wanted to thank everyone in the community who worked at the cemetery.
Rod and Judy Taylor have agreed to deed a triangle-shaped piece of ground to the City at Villa High pond where we are encroaching on their property. Carolyn has asked Penco to develop the legal description and set the property stakes.
ADJOURNMENT:
MOTION BY Jim Brown, seconded by Fred Taylor to adjourn the meeting at 8:33 P.M. VOTING AYES: Jim Brown, Mark Beringer, Beverly Eicher, Tim Hutfles, Pat Mallory, Fred Taylor, Dave Voss, Raymond Weber. NOES: None. ABSENT: None. Mayor Bieber declared the motion carried.
__________________________________________
Joni L. Ketchum, City Clerk
|
|