MINUTES OF A MEETING OF THE GOVERNING BODY OF THE CITY OF HAYS, KANSAS HELD ON SEPTEMBER 8, 2011

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MINUTES OF A MEETING OF THE GOVERNING BODY OF THE CITY OF HAYS, KANSAS HELD ON SEPTEMBER 8, 2011 1. CALL TO ORDER BY CHAIRMAN: The Governing Body of the City of Hays, Kansas met in regular session on Thursday, September 8, 2011 at 6:30 p.m. Roll Call: Present: Troy Hickman Absent: Barbara Wasinger Vice-chairperson Hickman declared that a quorum was present and called the meeting to order. 2. MINUTES: There were no corrections or additions to the minutes of the regular session held on August 25, 2011; the minutes stand approved as presented. 3. CITIZEN COMMENTS: Linda Mills, representing Girl Scouts of Kansas Heartland, invited the Commissioners to an event to be held on September 22, 2011 at the Robbins Center on the Fort Hays State University campus. A round table discussion will be facilitated with community members to raise awareness about body images and how the media portrays girls. 4. CONSENT AGENDA: A. moved, seconded, that the following mayoral appointments be approved: Fort Hays Municipal Golf Course Advisory Board Ken Haas 3-year term to expire July 1, 2014 Doug Huston 3-year term to expire July 1, 2014 Hays Beautification Committee Glenn Cox unexpired term to expire August 1, 2013

Hays Recreation Commission Board Nancy Jeter 4-year term to expire August 1, 2015 Sister Cities Advisory Board Mehran Shahidi unexpired term to expire January 1, 2013 B. The proposed mayoral appointment of Roger Mettlen to a 4-year term on the Trades Board was presented for consideration. The appointment will be presented for approval at the September 22, 2011 City Commission meeting. NEW BUSINESS 5. FIBER OPTIC DATA CONNECTION FOR THE HAYS CONVENTION & VISITORS BUREAU: In order to provide a faster and more reliable data connection to the Welcome Center, staff recommended the purchase of a fiber optic connection from that location to City Hall. Eagle Communications submitted the low bid in the amount of $19,863.79. moved, seconded, that the low bid submitted by Eagle Communications for a fiber optic connection, in the amount of $19,863.79, be accepted. 6. OLD HAYS SHOOTING RANGE REMEDIATION: The old Hays Shooting Range located at 1116 Vineyard Road has been inactive since 1998. In 2005, the site was referred to KDHE and a site investigation was completed, which determined that lead contamination above acceptable levels exists and remediation is required. In 2010, the City, County, and KDHE entered into an

agreement detailing a plan of action to clean up the site. Per that agreement, the City is responsible for hiring a professional firm to develop a Remediation Action Plan and to hire subcontractors and/or specialized equipment required for the remediation. City staff recommended entering into an agreement with Geotechnical Services, Inc. for the development of a lead Removal Action Plan to submit to KDHE for approval. The fee to prepare the Removal Action Plan is $7,559.80, with an estimated cost of site clean-up being approximately $82,400. moved, seconded, that the City Manager be authorized to enter into an agreement with Geotechnical Services, Inc. (GSI) for professional services related to the remediation of the old Hays Shooting Range at 1116 Vineyard Road, and authorize GSI to proceed with Task 1 in the amount of $7,559.80 to be funded from City Manager Contingency, with the additional costs for remediation to be funded from the City Commission Financial Policy Projects Fund. 7. AWARD OF BID FOR LINING OF METAL STORM SEWER: Henry Schwaller IV moved, seconded, that the City Manager be authorized to execute a contract with Blue Nile Contractors, Inc. in the amount of $179,074.16 for the lining of metal storm sewer pipes. 8. 2011 UNIFORM PUBLIC OFFENSE CODE: The League of Kansas Municipalities publishes a revised Uniform Public Offense Code on a yearly basis. It is necessary that the Commission approve an ordinance to adopt the revised UPOC.

moved, seconded, that Ordinance No. 3840, being an ordinance regulating public offenses within the corporate limits of the city of Hays, Kansas, incorporating by reference The Uniform Public Offense Code for Kansas Cities, Edition of 2011, and repealing Ordinance No. 3813 of the Code of Ordinances of the City of Hays, Kansas, as passed on September 9, 2010, and as published on September 14, 2010, be approved. 9. 2011 STANDARD TRAFFIC ORDINANCE: The League of Kansas Municipalities publishes a revised Standard Traffic Ordinance on a yearly basis. It is necessary that the Commission approve an ordinance to adopt the revised STO. moved, seconded, that Ordinance No. 3841, being an ordinance regulating traffic within the corporate limits of the city of Hays, Kansas, incorporating by reference The Standard Traffic Ordinance for Kansas Cities, Edition of 2011, providing certain penalties and repealing Ordinance No. 3814 of the Code of Ordinances of the city of Hays, Kansas, as passed on September 9, 2010, and as published on September 14, 2010, be approved. 10. REPORT OF THE CITY MANAGER: City Manager Toby Dougherty reported that the annual City Employee Appreciation lunch would be held on Friday, September 9, 2011. He expressed his appreciation to all of the employees for their hard work and dedication, especially those who had to work outside this summer during the extremely long and hot weather. The City Manager reported that he had heard back from Kris Kobach, the Kansas Secretary of State, regarding the methodology for lowering the census

figures for Hays by 1,800 residents. Even though Mr. Kobach did not explain the methodology, the reason for the lower estimate was due to the transient population of college students and where they claim their official residence. The purpose of the adjustment is to produce recalculated population figures for use in redrawing district lines for the Kansas Senate, House of Representatives and the Board of Education. While the loss will result in a fractional loss of state level representation, the recalculated figures are not used for planning, budget or funding formulas. 11. COMMISSION INQUIRIES AND COMMENTS: Commissioner Schwaller has received some concerns from business owners about how the stormwater fee is billed. He requested staff look into this to see if there is a different method that could be used. Commissioner Steward commented about the recent announcements by Fort Hays State University and Hays Med regarding major construction projects totaling over $42 million that will come to fruition in the near future. He stated we are so fortunate to live in a community with a healthy business climate. Vice-chairman Troy Hickman encouraged the public to attend the grand opening of the Bickle-Schmidt Sports Complex that is taking place tomorrow, September 9, 2011. The meeting was adjourned at 7:19 p.m. Submitted by: City Clerk