September 20, 2016 Commission Minutes

September 20, 2016 Commission Minutes

website_admin Minutes


Special Meeting


September 20, 2016                                                                                                                     7:30 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 Dustin Bedore – Director of Electric Utilities, Joni Showalter-Police Chief, Jake Kling – City Attorney, Joshua Jordan – IT Director and Mary Volk – City Clerk. 


Mayor Linin led Pledge of Allegiance





  1. Mayor Linin stated, we were not able to hold our regular meeting last night because we did not have a quorum. I would appreciate if we could show each other enough respect to be present at scheduled meetings or notify someone in advance to be able to reschedule meeting.  I think it is important to show fellow Commissioner’s, citizens and Staff courtesy, respect and decency of their time. 



  1. 09/06/16 Commission Meeting Minutes
  2. Appropriation Ordinances, 2016-18, 2016-18A, and 2016-P18

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







  1. Unfit Structure – 408 West 6th Street – Summer Sharon property owner stated, we have the back and valleys in front shingled; need to finish bottom sections and clean up yard.  Mayor Linin asked, what is the timeline to complete list because we would like to get you compliant and up to code.  Alex’s report shows he did not get a call to do inspection of electrical boxes.  Summer stated, the hail caused problems.  Mayor Linin stated, we need your timeline.  David Sharon property owner stated, we cannot do foundation this year.  Vice-Mayor Fairbanks stated, we have asked for a timeline the last three times you met with Commission.  Summer stated, I cannot give timeline because I have never have done this work before so I do not know what kind of time to give. In addition, my attorney said not to provide a timeline.  Vice-Mayor Fairbanks stated, we are not asking anymore of you than we ask of others.  Summer stated, other people have not had to do what we have done, we are trying.  We are doing the work ourselves so I do not know how to do a timeline.  Mayor Linin stated, it is up to you with time and financial resources available for work remaining to be done.  As a Commission we appreciate your honesty and want the property finished.  We just are asking for a schedule that you can live by.  Summer stated, maybe my therapist can come to the next meeting.  Vice-Mayor Fairbanks stated, you need to sit down with Alex to get timeline.  One thing we talked about was general cleanup and outdoor appearance but we are not seeing a lot done.  David stated, there is a cost to completing work.  We have an arborist scheduled for next Friday to remove trees.  Mayor Linin stated, on behalf of the Commission I would ask that you sit down with Alex, and maybe Brian, to get realistic timeline.  Summer stated, I do not always agree with Brian.  For example, the house on Broadway was in worse shape and he signed off on it.  Mayor Linin stated, if you want to file a complaint on that house you can and we will inspect the property again, that is how your property came before commission.  Vice-Mayor Fairbanks stated, at last meeting we asked you to have a timeline done.  Summer stated, we have tried to contact Alex and he has not called us back.  Mary stated, as a reminder to the Commission, Alex has indicated he is waiting for call from the property owner to do an inspection and as of yesterday has never received that call.  Mayor Linin stated, we want to get you to the point you do not need to come back every month.  David stated. we are ready for a walk through on property.  Summer stated, Thursday would be a good day to schedule the walk through.  I will stop by the office after school Wednesday to talk to Alex and schedule it.  ON A MOTION by Commissioner Mai to table discussion on the Unfit Structure at 408 West 6th until the Commission meeting October 17th seconded by Vice-Mayor Fairbanks.  MOTION carried on a VOTE of 5-0.
  2. Audit Proposals – Mayor Linin stated, the City requests audit proposals every three years. We received two proposals as follows: 1.) Agler & Gaeddert for $10,450 each year unless a single audit is not needed, then the cost is $1,000 less or 2.)  Adams Brown Beran & Ball for FY 2016 $17,950 plus $5,000 for each federal program required; FY 2017 $18,490 plus $5,100 for federal program and FY2018 $19,040 plus $5,200 for federal program.  Commissioner Garcia stated, we have been satisfied with Agler & Gaeddert, other then we have not received a demand letter, and the cost is reasonable.  ON A MOTION by Commissioner Garcia to accept the proposal from Agler & Gaeddert for $10,450 each year unless a single audit is not needed, then the cost is $1,000 less seconded by Commissioner Mai.  MOTION carried on a VOTE of 5-0.
  3. Cooling Tower Project – Mayor Linin stated, this is a request to build a structure over cooling tower. This year they put a tarp over boiler for a few months, as you can see there is a large difference in usage.  Dustin stated, the cover was literally a tarp without insulation and there was savings.  With an insulated building I believe we will see even more savings.  Our bid is from Hitchcock in Burlington for $250,000.  They indicated with the structure we will be able to be ready to generate in about three to five minutes.  Commissioner Garcia stated, I would like to think about it a while.  Dustin stated, this has been discussed by the Commission for about two years.  Our current design flaw is a steel building that is not insulated so we are losing a lot of heat.  Mayor Linin stated, I see the only waste if we proceed is if the City does not maintain own generation plant.  Dustin stated, the City is in a long term contract with Sunflower.  Vice-Mayor Fairbanks stated, we have discussed this numerous times and need to move ahead with building.  Dustin stated, this is one of the few projects the City will make our money back.  Commissioner Mai stated, I feel it is a great way to conserve energy and feel we need to move ahead.  Dustin stated, remember if power goes out and you give up plant, you are out of electricity until Sunflower can get power to us.  Commissioner Garcia stated, our plant is a huge asset to City.  Mayor Linin stated, I agree that is the reason I brought it up.  ON A MOTION by Vice-Mayor Fairbanks to proceed with Hitchcock for the structure to cover the cooling tower in the amount of $250,000 seconded by Commissioner Mai.  MOTION carried on a VOTE of 5-0.
  4. Flatlander Festival Temporary CMB Permit – Joni stated, Mary and I spoke with Lincoln Wilson, permit holder, today. With issues we have had trying to get application processed he understands why we cannot recommend approval of permit tonight.  The State advised me today their exception will not be approved by State.  Since the application was filed late, we do not have time to get background check done on applicant.  As of today it is not done and I am unsure it will be.  Vice-Mayor stated, it appears to be out of City hands.  Joni stated, correct, I cannot rush KBI.  Mayor Linin stated, I hate to miss this opportunity and would encourage committee to work with a local retailer for event.  Brent stated, it is simply the need of making a call to State Legislature.  Joni stated, I have been working on application since you brought it in last Thursday and run into a wall every time.  Mayor Linin stated, if you can get it approved by State, we will do what we can to get majority of Commission together to get permit approved.  Vice-Mayor Fairbanks stated, you need to get proper approval from State first.  I am not willing to go outside the law.  Commissioner Garcia asked, is there a conflict with distance site is from church or school?  Joni stated, we have conflicts in Ordinance and ABC recommends we revise our Ordinance, which we will do.  They gave us good ideas to streamline process which we will work on to issue next permit.



  1. Date Selection for Mayor and Vice-Mayor – Mayor Linin stated, due to change in election calendar we are proposing to change the selection of Mayor and Vice-Mayor to January so it coincides with elections. Jake stated, with the election change, the old Commission will meet the first meeting in January and new Commission will meet second meeting, which is when we recommend a Mayor and Vice-Mayor be selected.  It is not conducive to keep selection in April as allowed by code.  This means the next term for Mayor and Vice-Mayor will be shortened by three months.  Consensus of Commission is to change selection of Mayor and Vice-Mayor effective January 2018 to coincide with change in elections.



  1. Update: 19th Street Project- Mary stated, we were concerned this project will be delayed since the contractor hit two poles and cut an AT&T line but it does not appear to be the case now. AT&T is fixing their line temporarily and should be done within couple days.  The concrete will be poured this week and we can open 19th between Cherry and Caldwell late next week then will close Caldwell Intersection for duration of the project.  Commissioner Garcia asked, they were taking some concrete out today, what was that?  Mary stated, there was a spot that cracked so they had to remove it and it should be ready to pour tomorrow with rest of concrete.



  1. Commissioner Reports

Commissioner Mai – 1.  I would like to thank Brian and the Fire Department for their work on the fire at Antique Warehouse, glad the fire was put out safely.

Commissioner Farris – 1.  Hail caused a lot of damage but people are out cleaning things up.

Vice-Mayor Fairbanks – 1.  I would like to thank crews for helping people affected by hail.  Are we having curb pickup?  Mary stated, no, mostly leaves have fallen and they have the sweeper running to clean streets.  Mayor Linin stated, it is tough times and have to keep our head up.

Commissioner Garcia – 1.  Have you checked the lights on Hwy 24 and Cherry Street on the flag?  Dustin stated, we are working on getting it fixed but it works for a day or two then is back out.  We are short-handed but working on it

  1. Mayors Report No Report.



  1. Executive Session – Under authority K.S.A. 75-4319 (b)(1) for a preliminary discussion relating to personnel matters for nonelected personnel – Vice-Mayor Fairbanks made a motion at 8:20 p.m. to recess into executive session under authority of K.S.A. 75-4319 (b)(1) for personnel matters of nonelected personnel not to exceed thirty minutes. I request the Commission and Don Osenbaugh be present.  Commissioner Mai seconded the motion.   MOTION carried by a VOTE of 5 to 0.  Meeting resumed at 8:50 p.m.    Vice-Mayor Fairbanks made a second motion at 8:50 p.m. to recess into executive session under authority of K.S.A. 75-4319 (b)(1) for personnel matters of nonelected personnel not to exceed ten minutes.  I request the Commission and Don Osenbaugh be present. Commissioner Mai seconded the motion.   MOTION carried by a VOTE of 5 to 0.  Meeting resumed at 9:00 p.m.     


ADJOURNMENT WAS HAD ON A MOTION Vice-Mayor Fairbanks seconded by Commissioner Mai.  Motion carried by unanimous VOTE, meeting Adjourned at 9:00 p.m.






ATTEST:                                                                               Brian Linin, Mayor





Mary P. Volk, City Clerk