City Council
Council Chambers
August 16, 2016
The City Council of the City of Colby, Kansas, met in regular session on Tuesday, August 16,
2016, at 5:30 P.M. in the Council Chambers. The meeting was called to order by Council
President Peg Tole.
ATTENDANCE:
PRESENT: Council Members Lance Bolyard, Francis Britton, Jake Harper, Dan Jennings,
Sally Jones, Bill Mariman, Stan Schmidt, Peg Tole.
ABSENT:
No Council Members were absent.
ALSO PRESENT: Tyson McGreer, City Manager; Omar Weber, Public Utilities Director;
Gordon Gilbert, Assistant Public Utilities Director; Bob McLemore, Fire Chief; Sean Hankin,
Assistant Fire Chief; John Gatz, City Attorney; Mike Albers, Technology Director; Ron
Alexander, Police Chief; Bobby Fossum, Community Building/Recreation Director; Terry
Overton, Building Official; Cole Andreasen, Police Officer; David Tan, Colby Free Press; Jerry
Barton, Peggy Barton, Vicki Brown, Donna Bennett, Joni Ketchum, City Clerk.
CONSENT AGENDA:
A.
APPROVAL OF MINUTES FOR AUGUST 2, 2016 REGULAR MEETING
B.
APPROVAL OF PAYROLL ORDINANCE NO. 3359
C.
APPROVAL OF GENERAL ORDINANCE NO. 3360
MOTION BY Lance Bolyard, seconded by Francis Britton to approve the consent agenda.
VOTING AYES: Lance Bolyard, Francis Britton, Jake Harper, Dan Jennings, Sally Jones, Bill
Mariman, Stan Schmidt, Peg Tole. NOES: None. ABSENT: None. Council President Tole
declared the motion carried.
OLD BUSINESS:
DISCUSSION/ACTION – BOBBY ON BAN OF DOGS FROM THE BALLFIELDS- Tyson
informed the Council that John was working on a draft ordinance for banning dogs from the
ballfields. He stated that it is a challenge to define an event and to make it enforceable and
practical. John mentioned that there is a section in the municipal code that addresses this
situation. It involves issuing a citation and if found guilty, the animal would be destroyed. The
Council didn’t feel comfortable with destroying the animal but they still feel that something needs
to be done. Bobby said that he hasn’t heard any more discussion on the subject since the
incident. Tyson said he has had phone calls for and against banning dogs from the ballfields.
Jerry Barton said he and his wife were present when the incident happened and they feel that
the City has a responsibility to protect the kids. Tyson stated that they can have a draft ready for
approval at the next meeting along with added discussion on the subject if necessary.
DISCUSSION/ACTION – CODE ENFORCEMENT – DONNA BENNETT -1181 SUMMER SUN
AVE. – BUILDING VIOLATION- Tyson explained that Donna Bennett requested to talk with the
Council about the storage building that is in violation because it is setting in her front yard. She
stated that the building has to be accessible for her because she has some physical limitations.
Terry mentioned that it could be set anywhere in her backyard and be within the zoning
regulations. Donna told the Council that it wasn’t as functional in the backyard. She added that
she doesn’t have any way of moving the building and she doesn’t have the money to pay to
have it moved. John mentioned that there are ordinances that have to be enforced and it isn’t
the Council’s responsibility to move or tear down a building. Tyson told her that it is the
Council’s responsibility to abate the nuisance. Lance said the building is in violation and it needs
to be moved. It was suggested that Donna call the company that delivered it and have them
come move it to her backyard. MOTION BY Stan Schmidt, seconded by Lance Bolyard to give
Donna until August 23rd to move the storage building or the City will abate the nuisance.
VOTING AYES: Lance Bolyard, Francis Britton, Jake Harper, Dan Jennings, Sally Jones, Bill
Mariman, Stan Schmidt, Peg Tole. NOES: None. ABSENT: None. Council President Tole
declared the motion carried.
NEW BUSINESS:
EXECUTIVE SESSION – DISCUSS NON-ELECTED PERSONNEL- MOTION BY Dan
Jennings, seconded by Sally Jones for the City Council along with the City Attorney with the City
Manager on call to retire into Executive Session at 6:24 P.M. for 20 minutes to discuss nonelected personnel and returned to regular session at 6:44 P.M. VOTING AYES: Lance Bolyard,
Francis Britton, Jake Harper, Dan Jennings, Sally Jones, Bill Mariman, Stan Schmidt, Peg Tole.
NOES: None. ABSENT: None. Council President Tole declared the motion carried.
MOTION BY Dan Jennings, seconded by Francis Britton for the City Council along with the City
Attorney with the City Manager on call to retire into Executive Session at 6:44 P.M. for 15
minutes to discuss non-elected personnel and returned to regular session at 6:59 P.M. VOTING
AYES: Lance Bolyard, Francis Britton, Jake Harper, Dan Jennings, Sally Jones, Bill Mariman,
Stan Schmidt, Peg Tole. NOES: None. ABSENT: None. Council President Tole declared the
motion carried.
MOTION BY Dan Jennings, seconded by Bill Mariman for the City Council along with the City
Attorney and the City Manager to retire into Executive Session at 6:59 P.M. for 10 minutes to
discuss non-elected personnel and returned to regular session at 7:09 P.M. VOTING AYES:
Lance Bolyard, Francis Britton, Jake Harper, Dan Jennings, Sally Jones, Bill Mariman, Stan
Schmidt, Peg Tole. NOES: None. ABSENT: None. Council President Tole declared the motion
carried.
DISCUSSION/ACTION ON CITY MANAGER EMPLOYMENT AGREEMENT- MOTION BY Dan
Jennings, seconded by Lance Bolyard to table any action on the City Manager’s Employment
Agreement. VOTING AYES: Lance Bolyard, Francis Britton, Jake Harper, Dan Jennings, Sally
Jones, Bill Mariman, Stan Schmidt, Peg Tole. NOES: None. ABSENT: None. Council President
Tole declared the motion carried.
DISCUSSION/ACTION APPROVING TYSON MCGREER, CITY MANAGER, AS SPONSOR’S
AUTHORIZED REPRESENTATIVE TO EXECUTE THE AIRPORT IMPROVEMENT GRANT #
3-20-0012-016-2016- Tyson told the Council that appointing him as the Sponsor’s Authorized
Representative will give him the authority to finalize all documents pertaining to the Airport
Improvement Grant so the City can get reimbursed on the Baumfalk property purchase.
MOTION BY Dan Jennings, seconded by Lance Bolyard to approve for Tyson McGreer, City
Manager, to be the Sponsor’s Authorized Representative to execute the Airport Improvement
Grant #3-20-0012-016-2016 for the reimbursement of City monies on the Baumfalk property
purchase. VOTING AYES: Lance Bolyard, Francis Britton, Jake Harper, Dan Jennings, Sally
Jones, Bill Mariman, Stan Schmidt, Peg Tole. NOES: None. ABSENT: None. Council President
Tole declared the motion carried.
DISCUSSION/ACTION FROM RON ALEXANDER ON THE POLICE DEPARTMENT
REQUEST TO PURCHASE A NEW POLICE DOG- Ron informed the Council that the current
police dog’s health is deteriorating and they are requesting the purchase of a new dog. He said
they will pay for it out of the Drug Forfeiture Fund at a cost of $9,500. Lance asked what the
average lifespan of these dogs are and Ron answered about ten years which is how old Dice is
now. Officer Andreasen told the Council that Dice will be given to a family member in Colorado
for the remainder of his life. MOTION BY Sally Jones, seconded by Dan Jennings to approve
the purchase of a new police dog for a cost of $9,500. VOTING AYES: Lance Bolyard, Francis
Britton, Jake Harper, Dan Jennings, Sally Jones, Bill Mariman, Stan Schmidt, Peg Tole. NOES:
None. ABSENT: None. Council President Tole declared the motion carried.
DISCUSSION/ACTION – 3 REAL ESTATE PROPOSALS FOR THE MARKETING AND SALE
OF THE PROPERTY LOCATED ON EAST 10TH STREET- Three real estate proposals were
received regarding the property on Tenth Street. Tyson mentioned that the only difference in the
proposals was that Homeland asked for a flat fee and Stock Realty and Farm and Ranch were
asking for a percentage. He recommends choosing either Stock Realty or Farm and Ranch and
stated that he was comfortable with either one. Tyson added that Stock Realty doesn’t list in the
multi list serve. MOTION BY Dan Jennings, seconded by Stan Schmidt to approve the real
estate proposal from Farm and Ranch Realty. VOTING AYES: Lance Bolyard, Francis Britton,
Jake Harper, Dan Jennings, Sally Jones, Bill Mariman, Stan Schmidt, Peg Tole. NOES: None.
ABSENT: None. Council President Tole declared the motion carried.
DISCUSSION/ACTION ON CONTRACT FOR THE REMOVAL OF THE BAUMFALK HOUSE
LOCATED AT 120 ASPEN RD.- MOTION BY Lance Bolyard, seconded by Dan Jennings to
table this item.
DISCUSSION/ACTION ON ROUTE FOR THE CONVOY LIGHT SHOW PARADE- This has
become an annual event and Tyson recommended approving the Truck Convoy. MOTION BY
Dan Jennings, seconded by Bill Mariman to approve the World’s Largest Truck Convoy.
VOTING AYES: Lance Bolyard, Francis Britton, Jake Harper, Dan Jennings, Sally Jones, Bill
Mariman, Stan Schmidt, Peg Tole. NOES: None. ABSENT: None. Council President Tole
declared the motion carried.
DISCUSSION/ACTION ON ORDINANCE NO. 1573 ADOPTING A STANDARD TRAFFIC
ORDINANCE- Tyson explained that Ordinance No. 1573 is a yearly update of the traffic
changes. MOTION BY Dan Jennings, seconded by Francis Britton to approve Ordinance No.
1573 adopting the Standard Traffic Ordinance for Kansas Cities. VOTING AYES: Lance
Bolyard, Francis Britton, Jake Harper, Dan Jennings, Sally Jones, Bill Mariman, Stan Schmidt,
Peg Tole. NOES: None. ABSENT: None. Council President Tole declared the motion carried.
DISCUSSION/ACTION ON ORDINANCE NO. 1574 ADOPTING A PUBLIC OFFENSE CODETyson stated that Ordinance No. 1574 is a yearly update of the Uniform Public Offense Code.
MOTION BY Lance Bolyard, seconded by Stan Schmidt to approve Ordinance No. 1574
adopting the Uniform Public Offense Code for Kansas Cities. VOTING AYES: Lance Bolyard,
Francis Britton, Jake Harper, Dan Jennings, Sally Jones, Bill Mariman, Stan Schmidt, Peg Tole.
NOES: None. ABSENT: None. Council President Tole declared the motion carried.
DISCUSSION/ACTION ON CONTINUING THE CHANNEL 119 BROADCAST- Tyson let the
Council know that an alert was sent out over a two-week period asking if anyone that uses
Channel 119 to please let the City know either by phone call or email. In that two-week period,
the City received nothing from anyone saying they used the service so it was shut off. So far the
City has received only one phone call regarding it being off and this was more for the music to
listen to and not the content of the channel. Tyson asked the Council if the service was worth
maintaining. It doesn’t cost much or take a lot of time to maintain but Mike said the video is poor
and the equipment is old. The Council agreed it was not worth the time and money to maintain.
MOTION BY Jake Harper, seconded by Dan Jennings to approve to discontinue Channel 119.
VOTING AYES: Lance Bolyard, Francis Britton, Jake Harper, Dan Jennings, Sally Jones, Bill
Mariman, Stan Schmidt, Peg Tole. NOES: None. ABSENT: None. Council President Tole
declared the motion carried.
REPORTS & DISCUSSIONS:
Tyson reported:
A Capital Credit check was issued to the City from Midwest Energy.
The pool closed August 14th and he had a discussion regarding the season with the managers.
A contract has been signed with Hall Brothers to resurface Brookside with Onyx in September.
ADJOURNMENT:
MOTION BY Dan Jennings, seconded by Francis Britton to adjourn the meeting at 7:40 P.M.
VOTING AYES: Lance Bolyard, Francis Britton, Jake Harper, Dan Jennings, Sally Jones, Bill
Mariman, Stan Schmidt, Peg Tole. NOES: None. ABSENT: None. Council President Tole
declared the motion carried.
__________________________________________
Joni L. Ketchum, City Clerk