June 5, 2017 Commission Minutes

June 5, 2017 Commission Minutes

June 5, 2017 Commission Minutes

website_admin Minutes

Regular Meeting

June 5, 2017 5:00 P.M.
Mayor Brian Linin called the meeting to order 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, Joni Showalter – Police Chief, Alex Weis – Code Enforcement, Jake Kling – City Attorney, Mary Volk – City Clerk, and Andrew Finzen – City Manager.

Mayor Linin led Pledge of Allegiance


A. Open Meetings Act: Jake Kling – Jake gave a presentation to the Commission on Open Meetings Act based on updated information on Attorney General’s website dated January 2017. Jake stated, I am simply providing the Commission with a refresher of the Act. Jake discussed the following points: 1. The State of Kansas requires entities subject to Act to be very open and transparent. 2. A gathering of a majority of members, in City’s case this would be three, discussing affairs of the City constitutes an open meeting. Such a meeting requires notice and meeting by a Commissioner can be via telephone, skype or other means if necessary; however, email cannot be used if three or more are in email discussing affairs of City. 3. Agendas are not required to be established but if there is an agenda, it must be provided for public with topics to be discussed at meeting. You can amend agenda, even during a meeting to discuss an issue that may come before Commission at meeting or the item can be tabled until next meeting. 4. There is proper conduct with technology during meetings. You are not required to allow the public to speak; however, anyone can record your meeting. 5. Executive sessions require the meeting to open before a motion is made for the Commission to go into executive session. Binding decisions cannot come out of an executive session. The group can have a consensus but vote is required to be held in open meeting. A motion for executive session requires justification for session, subject to be discussed and length of time needed for session. Only individuals that should be present in executive session are members of the body and any individual aiding discussion. The Commission must abide by Act or are individually responsible for $500 fine per violation.

A. 05/15/17 Commission Meeting Minutes
B. 05/16/17 Commission Work Session Minutes
C. Appropriation Ordinances, 2017-11, 2017-11A, 2017-11B, 2017-P11 and 2017-P11A
ON A MOTION by Commissioner Garcia to approve Consent Agenda seconded by Commissioner Mai. MOTION carried on a VOTE of 5-0.

A. Ordinance 1704: Additional UTV Amendments, Section 16-518(c) – Andrew stated, this is a housekeeping item that amends section 16-518(c) of the City Code. ON A MOTION by Vice-Mayor Fairbanks to approve Ordinance 1704: Additional UTV Amendments, Section 16-518(c) seconded by Commissioner Garcia. MOTION carried on a VOTE of 5-0.

A. Airport Board: Jon Yost – Andrew stated, the Airport Board met June 1st to review two applications for board vacancy. Both Jon Yost and Dustin Stevenson would be good members with input at the airport. The board recommends Jon Yost to fill vacancy and to maintain Dustin’s application on file if we have another opening on board. ON A MOTION by Commissioner Garcia to approve the appointment of Jon Yost to Airport Board seconded by Commissioner Farris. MOTION carried on a VOTE of 5-0.

A. Unfit Structure: 602 Clark – Andrew stated, we have continued to see progress on property and property owner has kept in contact with Alex. They continue working on siding and are on contractor list for roof. The new window in front is broken so working to get window replaced. Recommend a thirty day extension to complete work, realizing they have no control over roof contractor at this time. ON A MOTION by Vice-Mayor Fairbanks to grant a thirty day extension for 602 Clark seconded by Commissioner Mai. MOTION carried on a VOTE of 5-0.
B. Unfit Structure: 1619 Kansas – Andrew stated, Tohnna Thompson and Dave Roeder are present in reference to property. Alex showed Commission photos of property and stated, the yard has been cleaned up. Dave stated, the house is gutted and will take some time to complete. Tohnna stated, I have been trying to locate property owner; there are a lot of people with the name Jessie Moreno. I hurt my knee which has delayed progress on property but I am back on track. Our plumber is picking up supplies to begin work. I would like to ask for ten days to get information on the correct Jessie to the City. We are getting ready to put in windows and will dispose of asbestos properly then side house again. I am not giving up and will continue to work on property. Andrew stated, Tohnna has been responsive and cleaned up some items but as stated in our previous discussion, I believe there is a legal liability if the City works with her and not property owner. Vice-Mayor Fairbanks asked, were you renting property? Tohnna stated, no Dave was in process of buying property from him but have had no contact with owner recently. Jake stated, the City has no information showing Tohnna has permission to work on property. We need to have information showing she has possession of property in order for the City to work with Tohnna. If we do not have information and you authorize them to go on property, it could be seen that they are agents of City, making City liable. Tohnna stated, the City in no way has given us permission to go on property. Jake stated, a power of attorney does City no good, it is to pay bills not for possession of real property. If there is a contract to buy house that is information City needs to be protected. City is bound to deal with owner or person authorized to work on property. Andrew stated, if she was not a party to property, the City would be dealing with a non-responsive property owner and property would be put out for demolition bid. If we requested demolition bids today and Tohnna or Dave can provide documentation when the bid is awarded, there would be an issue with situation. Vice-Mayor Fairbanks asked, have we done what we can to find owner? Alex stated, all information has been sent to last known address and returned. Jake stated, Alex has followed statutory requirements to give notice, the individuals are required to get information if they want it. Andrew stated, does the Commission want to table property until June 19th meeting to allow Tohnna time to get documentation to Commission? Commissioner Mai asked, are there back taxes on property? Tohnna stated, I paid a portion of past taxes but still owe some, possibly two or three years. ON A MOTION by Commissioner Garcia to table discussion on property until June 19th meeting to see if Tohnna can make progress obtaining documentation on property owner seconded by Commissioner Farris. MOTION carried on a VOTE of 5-0.
C. Unfit Structure: 1529 Broadway – Andrew stated, we received no response from property owner so requested demolition bids. Bids received are Goody’s in the amount of $8,750 and B & K Pumping in the amount of $5,850. We recommend approval of low bid from B & K Pumping. ON A MOTION by Commissioner Garcia to approve the bid from B & K Pumping in the amount of $5,850 for demolition of property at 1529 Broadway seconded by Commissioner Mai. MOTION carried on a VOTE of 5-0.
D. Unfit Structure: 1008 Main – Andrew stated, this property had a leaky roof and owner indicated would be in town June 1 to start work. The Commission asked him to submit bids for roof repair which he provided a bid which does not appear to be correct. When you google company, it brings up a car dealer and the amount of bid is very low. Alex has attempted to contact owner with no response. It does not appear demolition is appropriate for a Main Street property. I feel an option to continue is get bid for roof repair and bill property owner. Mayor Linin asked, what would it cost to make assessment of property for demolition? Adam Schart, EBH Engineer stated, the City will have to get a structural engineer from Wichita or Denver to make assessment. Alex stated, my biggest concern is neighboring buildings. Vice-Mayor Fairbanks asked, what code violations does property have? Alex stated, without getting inside building we are uncertain. Adam stated, to make assessment an engineer would have to get inside building. Mayor Linin stated, this is clearly an unfit structure but what are our options for action? Andrew asked, where are we in the process to gain access to property since owner is non-responsive? Jake stated, when it is a concern for the community, you have an right to access property. The way the bricks are on the building we would have no idea what is going on without an assessment, which should be a concern with structure. If our concern is the roof collapsing, damage will not stop with this building plus you have people around property. The way bricks are laid on building, adjoining properties are affected. Commissioner Garcia asked, what about a letter directly from City Attorney? Jake stated, I will look at code to see what we need to file to gain access to property. ON A MOTION by Commissioner Garcia to allow Jake two weeks to research code for information allowing the City access to property to make assessment on code violations seconded by Commissioner Farris. MOTION carried on a VOTE of 5-0.
E. Unfit Structure: 811 Hwy 24 – Andrew stated, we solicited demolition bids for property when with 1529 Broadway property. However, contractors asked about status of asbestos assessment on property which there was not one and KDHE requires assessment for commercial property or if there are two residential properties in same block. We withdrew this property from bid process while EBH proceeds with information for assessment. We anticipate two weeks before we can solicit bids again on property. Staff is requesting permission to solicit demolition bids for property when receive assessment. ON A MOTION by Commissioner Mai to table discussion on property two weeks until June 19th meeting for inspection and assessment to be complete seconded by Vice-Mayor Fairbanks. MOTION carried on a VOTE of 5-0.
F. Lease Approval: Rocky Mountain Aviation – Andrew stated, lease is with Rocky Mountain Aviation for property where the firehouse was formerly located. This is a boiler plate lease, similar to other airport leases; annual fee of $100 plus one cent per square foot. ON A MOTION by Commissioner Garcia to approve the Airport Lease with Rocky Mountain Aviation seconded by Commissioner Farris. MOTION carried on a VOTE of 5-0.


A. City Managers Report- 1. Bicycle round-up was May 31st. Joni stated, this was a good time for officers to interact with community. There were twenty-eight children, unfortunately weather scared some off. Vice-Mayor Fairbanks asked, does the department end up with a number of bikes through the year? Joni stated, we do, once we get clearance we salvage old bikes and others go to boys and girls clubs to help others. 2. The airport firehouse was relocated on May 27th. Andrew showed Commission pictures of process. 3. One of many comments we have had is that there is not a place where someone can view community events. Andrew showed Commission the Community Calendar that has been constructed for community events. We are hoping the community takes ownership of calendar and we will do best we can to keep it up to date but people need to submit event information. This can be done from website. Calendar site is gogoodland.org/calendar. Vice-Mayor Fairbanks asked, how will people know about calendar? Andrew stated, we are starting to post information this week on social media, newsletter and newspaper. Criteria for an event to appear on calendar focuses on community aspect of event. Mayor Linin asked, do we have the ability to merge school calendar with community calendar? Andrew stated, it is not an automatic merge but there are options to merge the two. 4. We have received a lot of positive feedback on the siren information in newsletter. We were able to work with Sherman County Communications Director to obtain information. 5. Main entrance to airport hangars will be closed beginning Wednesday for Rocky Mountain Aviation to begin construction on hangar. Changes will have to be made to entrance road with new hangar. Entrance has been re-routed from the gate off Caldwell. 6. The City is instituting an auto attendant at police department and city office for incoming calls to ensure routed correctly. It will be a brief recording that should begin within next two weeks. 7. Kansas Legislature passed Bill 2407 in Senate which pertains to Sherman County wildlife area. The bill will go to the House for approval then Governor. 8. Congratulation to Brian James, Fire Chief for ten years of service as Fire Chief with City today.

A. Commissioner Reports
Commissioner Mai – 1. Run for the Wall was an amazing experience. The community appreciates them but I want to make sure we understand how neat these people are. I appreciate volunteers that work the event and received a plaque that I will get to City. Mayor Linin stated, there was concern last year moving Run for the Wall from Armory, but they went to Northwest Tech College which worked out well. Both workers and riders were very satisfied. Commissioner Mai stated, a big thank you to college. 2. The southeast berm at Gulick park is full of weeds. Master gardeners feel we should do something to help eliminate weed growth. Andrew stated, I have had similar comments; it has been taken over with bind weed. Some options are to replace with grass or work with Art Center for a display.
Commissioner Farris – 1. Is there a Canadian Thistle problem along 17th and 19th Street? Rich asked, are you talking about private property? If so I can talk to owner because it is another tax paying entity to see if they want me to spray. If it is a private citizen they have to hire a private contractor. Commissioner Farris stated, yes, I have sprayed my property but it will only take a seed to be back. Andrew stated, if it is on public right of way the City sprays it, if not we will have to review code to ensure private citizens comply. 2. It appears with unfit structures, once owners get clearance, work on property stops. 3. The State charges disposal fees on tires, do they reimburse County or is there a way for us to get money?
Vice-Mayor Fairbanks – 1. Would like to see the City sponsor a Main Street Clean Sweep to encourage business owners to wash windows and sweep street after construction. I realize we cannot help it now with construction but an idea for future. 2. Do we have any cemetery information? Andrew stated, I am hoping to meet with contractors tomorrow and Board on Thursday but we have received numerous calls on situation, it is sad. Commissioner Garcia stated, I have received many calls on this also.
Commissioner Garcia – 1. Echo comments on Run for the Wall. Jason Showalter’s video of the event was awesome with the drone.
B. Mayors Report – 1. No Report


ADJOURNMENT WAS HAD ON A MOTION Commissioner Garcia seconded by Vice-Mayor Fairbanks. Motion carried by unanimous VOTE, meeting Adjourned at 6:35 p.m.

ATTEST: Brian Linin, Mayor

Mary P. Volk, City Clerk