March 7, 2016 Commission Minutes

March 7, 2016 Commission Minutes

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Regular Meeting


March 7, 2016                                                                                                                              5:00 P.M.

Meeting was called to order by Mayor Brian Linin with Vice-Mayor Annette Fairbanks, Commissioner Gary Farris, Commissioner Gwen Mai and Commissioner John Garcia responding to roll call. 


Also present were Rich Simon – Director of Public Works, Dustin Bedore – Director of Public Utilities, Joni Showalter-Police Chief, Alex Weis – Code Enforcement, Mary Volk – City Clerk, Gerry Bieker – City Manager and Jake Kling – City Attorney. 


Mayor Linin led Pledge of Allegiance







  1. 02/16/16 Commission Special Work Session Minutes
  2. 02/16/16 Commission Meeting Minutes
  3. 02/23/16 Commission Special Meeting Minutes
  4. 02/23/16 Commission Special Work Session Minutes
  5. Appropriation Ordinances , 2016-05, 2016-05A, and 2016-P05

ON A MOTION by Commissioner Garcia to approve Consent Agenda seconded by Commissioner Mai.  MOTION carried on a VOTE of 5-0.





  1. Resolution 1474: Depositories – Gerry stated, this resolution is required annually by Statute to designate financial institutions that hold City funds.  ON A MOTION by Commissioner Mai to approve Resolution 1474: Depositories seconded by Vice-Mayor Fairbanks.  MOTION carried on a VOTE of 5-0.



  1. Approval of Demolition Bids for 120 Walnut – Gerry stated, the City has not had any communication with property owner. We received two bids for demolition: Goody’s – $3,500 and B & K Pumping – $2,500, staff recommends bid from B & K Pumping.  ON A MOTION by Commissioner Garcia to approve the bid for demolition at 120 Walnut from B & K Pumping in the amount of $2,500 seconded Vice-Mayor Fairbanks.  Commissioner Mai asked, is anyone residing in property?  Gerry stated, we have been told property is vacant and driven by several times; it appears no one resides in property.  MOTION carried on a VOTE of 5-0.
  2. Approval of Demolition Bids for 1526 Kansas – Gerry stated, Alex has been able to inspect inside of property and observed some improvements on property. We moved forward with bid process as discussed at last Commission meeting and received two bids for demolition: Goody’s – $6,945 and B & K Pumping – $5,450.  Property owners are here tonight.  Alonzo Marez son of property owner stated, I am here from Arvada, Colorado to support my sister, Marcella Haugland.  She moved from Oregon to start improvements on house.  She has started improvements but it needs more work.  Marcella is going to continue with doors, windows and dry wall to improve property.  When does City think they will demolish property?  Commissioner Linin stated, this property started out as a citizen complaint so the Building Inspector looked at property and made a list, for the property owner.  Marcella then moved in to property to make improvements.  From City stand point, if a citizen lives in structure and we are aware the structure is not up to code there is a liability issue.  We have been working on property for a year, even had a contract written with dates when items should be complete; they have not been met.  The issue is we do not want to tear down what could be a good structure but we cannot carry the liability.  Alonzo stated, my brother was overseeing property, then squatters damaged property.  He passed away and Marcella moved in since our mother is in nursing home.  The State of Colorado will probably own property for nursing home to get paid.  We will not be able to come up with money for demolition but want to continue improvements on property until mom passes away.  The City can demolish property at that time.  Commissioner Linin stated, it does not make sense that you want to fix property up to let the state have it.  That does not help City because we still have an unfit structure that we will have to demolish either way.  Alonzo stated, it benefits City to keep property up to code and have tenants in property.  Commissioner Linin stated, that is our goal.  Alonzo stated, my mom is still alive and we are trying to keep it going for her.  Vice-Mayor Fairbanks asked, what is your plan to improve property?  Alonzo stated, Marcella has done electrical and has a couple more Windows and dry wall to finish.  Alex stated, only electrical has been done for contract agreement.  Vice-Mayor Fairbanks asked, do you have a contractor that is licensed and bonded in City?  Marcella stated, I had an individual but stopped improvements because not sure how I want to proceed.  The roof seems to be an issue and I feel if I do it first then it can protect the rest of the house.  Commissioner Linin asked, with the work left to do, why do you want to proceed with improvements?  Marcella stated, the estimate I received for improvements on house will cost a lot of money so I feel I want to proceed with demolition.  Who will be responsible for cost of demolition?  Gerry stated, the bill will go to owner of record, if it remains unpaid the cost will be placed on tax role.  If taxes remain unpaid the property will go up for tax sale and include cost of demolition.  Alonzo asked, can we extend the date to continue improvements until our mom passes away?  Vice-Mayor Fairbanks stated, it has been made clear what it will take to make property safe and habitable; it will cost more than it is worth.  We are concerned of the danger with property, you have already experienced squatters.  It is our responsibility to make sure buildings in our community are safe.  Commissioner Linin stated, we have two options: make property habitable or continue with property demolition.  I feel the Commission would be reasonable and allow you time to find another place to live before demolition.  Vice-Mayor Fairbanks stated, I understand the property has sentimental value but there is a liability issue.  Commissioner Farris stated, if the nursing home is going to have a lien on property any money you put into improvements is like throwing money away.  Alex stated, it will take a lot of money to bring property up to code.  Marcella stated, I have a friend I can stay with but I am speaking for mom who is attached to the property.  Alonzo stated, the property means nothing to us.  Commissioner Mai stated, there is no incentive to make improvements at this point.  Commissioner Garcia stated, at last meeting we asked Marcella specific questions about property.  I am confused with perspective between you and your sister.  We do not want to throw people out of their home.  When are your contractors going to show up to make improvements?  You have limited finances and I do not know what the answer is.  It will cost you at least $5,000 for demolition and all you will have is an empty lot.  Alonzo stated, in good faith to our mom, we will try to fix property up for her.  It is now getting to a point where it will cost a lot of money and eventually it will have to come down.  The rest of our family is comfortable demolishing the property.  Gerry stated, after last meeting the Commission decided to take the 30-day approach and will look at improvements required on property every thirty days.  You would have to be very aggressive and determine if it is feasible for you to continue to spend money on improvements.  Commissioner Mai asked, who would the City be writing a new contract with if Marcella does not want to spend money on property?  Marcella stated, I am done spending money on the property.  Commissioner Farris stated, if you spend money on the house it appears it will be demolished anyway.  Vice-Mayor Fairbanks stated, we appreciate your input and discussing the issue with the Commission.  Commissioner Garcia stated, I want them to understand where you stand on property; it is a tough decision but I want to feel comfortable with these decisions.  We are deciding to demolish property, we want to understand that you do not want the house.  Alonzo stated, that is correct we do not want the house, it is for mom.  We understand you have to do what needs to be done.  ON A MOTION by Vice-Mayor Fairbanks to approve the demolition bid for 1526 Kansas from B & K Pumping in the amount of $5,450 seconded by Commissioner Mai.  Marcella asked, when will you begin with demolition?  Gerry stated, we will work with you and give you thirty days to remove personal property.  MOTION carried on a VOTE of 5-0.   The commission thanked Marcella and Alonzo for discussing the difficult issue.
  3. Appointment of KMEA Director #2 – Gerry stated, annually the Commission appoints a director and every two years an alternate director for KMEA. Mike Abbey’s appointment has expired and he does not want to be reappointed so KMEA asked if the Commission would appoint me as Director #2.  ON A MOTION by Commissioner Garcia to appoint Gerry Bieker as KMEA Director #2 seconded by Commissioner Mai.  MOTION carried on a VOTE of 5-0.
  4. Approval of Plow Truck Bid – Gerry stated, staff requested bids on Chassis to be rigged up as plow trucks for Street Department. We received bids for two Chassis. The bids were from International in the amount of $71,575 and Freightliner in the amount of $72,855.  We also asked for bids from Mack and Kenworth but neither could meet specifications or were more expensive.  Staff recommends the bid from Freightliner because maintenance work can be done in Oakley.  We have worked solely with Bryan Wilson with Midwest Truck to get Henderson equipment mounted on the trucks.  Our specifications were borrowed from a truck Oakley just purchased from Midwest Truck.  Rich and I went to Oakley and looked at their truck and were very satisfied with the setup. Total bids in the amount of $120,130.00 per truck include the Chassis, Dump Body, Stainless Steel Spreader and a 11’ reversible Snow Plow.  This will not affect the 2016 Budget as Rich has a Grader in Municipal Equipment Reserve Fund (MERF) that we will eliminate for the purchase of both trucks.  Snow removal on snow routes and the Airport will go much quicker and will be much more efficient with these trucks.  Commissioner Farris stated, I think this will be a good move.  ON A MOTION by Commissioner Farris to purchase two Chassis with Dump Body,  Stainless Steel Spreader and a 11’ reversible Snow Plow from Freightliner in the amount of $120,130.00 per truck seconded by Commissioner Garcia.  MOTION carried on a VOTE of 5-0.  Commission thanks crews for snow removal work.



  1. Junior Commission – Shauna Johnson – Shauna stated, there are extra employees present as they would like to let the Commission know how much we appreciate Gerry and the opportunity’s he provides the employees. He understands the fact that all departments are important and lives by his word of an open door policy which has improved employee morale.  I appreciate that Gerry has provided me the opportunity to enroll in a CPM Leadership class where I have to do a cap stone project.  I discussed my ideas with staff and I want to start a Junior City Commission to get students involved with what goes on in their community.  Shauna gave the Commission a brief demonstration of her project.  Vice-Mayor Fairbanks stated I appreciate you working to get this started.  Gerry stated, I feel her project has potential for the community.  They will go through the agenda just like the City Commission.  Mayor Linin stated, I feel it has potential to groom future leaders for our community.



  1. City Managers Report- 1. KDOT has approved Sporer’s bid for 19th Street Project so the contracts have been submitted for signature.  2. The start date for the water project is March 21, 2016.  We have also started aggressively to install radio read water meters and need to start looking at Phase II of water project for meters and cleanup work with a couple new mains but need to ensure we have adequate revenues.    We are doing concrete work at airport hangar for Frontier Ag.  There is private money in project for supplies and the City is supplying labor.  4. We are beginning budget process and the Department Heads will be getting budgets soon.  We would like to have them discuss preliminary budget information with Commission.  I would like to schedule this meeting for June 13, 2016 at 5:00 p.m.  Consensus from Commission is that it appears this date is feasible.  5.  Water loss for 2015 was 19% which is better than we expected.  6. Rich, Mary and I are looking at street projects for 2017 as our street bond pays out in 2017.  Want to look at doing a five year project then another project in five years.  7.  We purchased a vinyl building for salt storage on purple wave.  In the past it was put on ground and covered by tarp.  8.  Thanked staff for support, appreciate it.



  1. Commissioner Reports

Commissioner Mai – 1.  I enjoyed our Strategic Planning session with Department of Commerce, feel it will be beneficial.

Commissioner Farris – 1.  No Report 

Vice-Mayor Fairbanks – 1.  Are we planning to get together to discuss next step in Strategic Plan?  Gerry stated, Suzanne is putting information together.

Commissioner Garcia – 1.  I would like to thank City crews for their hard work. 

  1. Mayors Report – Appreciate input on Strategic Plan.  Appreciate all Alex does and know decisions tonight were not easy but we do the best we can.




ADJOURNMENT WAS HAD ON A MOTION Vice-Mayor Fairbanks seconded by Commissioner Farris.  Motion carried by unanimous VOTE, meeting Adjourned at 6:05 p.m.






ATTEST:                                                                               Brian Linin, Mayor





Mary P. Volk, City Clerk