August 21, 2017 Commission Minutes

August 21, 2017 Commission Minutes

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Regular Meeting


August 21, 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 Joni Showalter – Police Chief, Alex Weis – Code Enforcement, Mary Volk – City Clerk, and Andrew Finzen – City Manager.  Cemetery Board members present were Richard Hayden-Chairman, Jan Lohr, Mitch Tiede and Jackie Elliott.


Mayor Linin led Pledge of Allegiance





  1. 2016 Audit Report – Harold Mayes from Agler & Gaeddert presented the 2016 Audit Report. ON A MOTION by Vice-Mayor Fairbanks to accept the 2016 Audit Report seconded by Commissioner Mai.  MOTION carried on a VOTE of 5-0.
  2. Cemetery Update – Andrew stated, Jill Berringer, Cemetery Caretaker and members of board are present and would like to go over action plan put together at recent board meeting.  On July 26th Jared Hoyle, Turf Specialist from Kansas State University visited and offered his analysis that the condition of cemetery is not result of herbicide kill but soil compaction and lack of water.  Even though we experienced a wet season, it does not counter act previous drought.  Raymond Cloyd, Entomology Specialist from Kansas State University also visited to identify bugs and confirmed Hoyle’s comments on soil compaction and lack of water. The Cemetery Board met August 10th to approve five step action plan.  We were looking at reseeding this fall but in visiting with Vaughn Sothman, Senior Product Advisor for Sharp Brother’s Seed Co., we are outside window for this fall so recommend seeding next spring.  The plan is as follows:  Remove grass burrs/stickers, which is underway.  2. Aerate in fall.  3. Aerate again late winter early spring.  4. Apply fertilizer before seeding to assist growth.  5. Reseed March or April.  This entire process comes with costs estimated at $22,650.  We have been talking to Hanson Foundation and are able to apply for a beautification grant.  We do have funding available in cemetery fund if needed.  The important point is repair will not happen overnight, but will take a few years to get where we need to be.  Board members and caretakers have initiated responsibility to get us where we need to go.  Richard stated, three board members and a couple public volunteers worked Saturday to pull burrs, filling two trucks in only three blocks.  Vice-Mayor Fairbanks stated, we need to advertise next workday, the community is concerned and I feel we will get some volunteers.  Commissioner Garcia asked, are you allocating some city help also?  Andrew stated, yes, when available.  Mayor Linin asked, do we have a need for aerator and seed drill in future or can we rent?  Andrew stated, we calculated number days to rent and believe it is better to buy.  Jill stated, my family spent three years pulling stickers.  In May it was a controlled cemetery with weeds but it was dead.  We expect a public apology from the City, both in the paper and on social media as our family took a hit with comments made and have had to battle coming back.  Mayor Linin asked, if we could have prevented this, how could we have prevented it?  Jill stated, you should have aerated twenty years ago.  Jared told us we are looking at wrong kind of green in cemetery.  Mayor Linin stated, I would like to know what problem is and what we need to do.  Jill stated, there is always a budget issue and when you need fertilizer you have to put it on.  We all fertilize our own lawns.  We keep getting told there is not the budget, but you need to listen to your caretakers.  Richard stated, this is first year grub control has been requested to be put on cemetery and it was approved.  The cost was about $7,000.  Mayor Linin asked, do you feel comfortable with this plan of action?  Andrew stated, yes but it will not be corrected immediately.  Richard stated, the Board agrees to plan.  Mayor Linin asked, we do not normally water cemetery?  Jan stated, that is correct, we cannot use sprinkler because of tomb stones.



  1. 08/07/17 Commission Meeting Minutes
  2. 08/15/17 Joint Entity Meeting Minutes
  3. Appropriation Ordinances, 2017-16, 2017-16A, and 2017-P16

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



  1. Ordinance 1708: Conditional Use Permit-Communication Tower – Andrew stated, ordinance grants a conditional use permit for Viaero Wireless to put up a communication tower. The Commission had no issue last meeting with tower.  ON A MOTION by Commissioner Mai to approve Ordinance 1708: Conditional Use Permit-Communication Tower seconded by Commissioner Mai.  MOTION carried on a VOTE of 5-0.
  2. Ordinance 1709: Temporary CMB Permit – Andrew stated, last meeting we discussed issues with temporary CMB permits and this ordinance has proposed revisions to code.  The ordinance requires application be submitted thirty days prior to event instead of ten days stated in current ordinance which was very difficult.  Mayor Linin stated, I do not want to burden staff but is thirty days in advance too much for public.  Joni stated, we do not receive that many requests, but we have to have enough time to do background check and to make sure we have the supplies required in application. Thirty days is what most Cities have.  Commissioner Garcia asked, is this the application Tequilas will need to complete for event.  Mary stated, no, they have alcoholic liquor license with state which is different than CMB.  Joni stated, premises that have alcoholic liquor licenses are different.  Mayor Linin asked, what about Flatlanders with the thirty days?  Andrew stated, I have informed them of change and they turned in application today.  Joni stated, this will make things better and forward liability on to the people responsible for event.  ON A MOTION by Commissioner Garcia to approve Ordinance 1709: Temporary CMB Permit seconded by Commissioner Farris.  MOTION carried on a VOTE of 5-0.



  1. LKM Delegate: Rich Simon – Andrew stated, the Commission needs to appoint a second voting delegate for the LKM Annual conference. Commission appointed me last meeting and I recommend Rich Simon for the second voting delegate.   ON A MOTION by Vice-Mayor Fairbanks to appoint Rich Simon as the second voting delegate for the City at the LKM Annual conference seconded by Commissioner Garcia.  MOTION carried on a VOTE of 5-0.



  1. Unfit Structure: 1008 Main – Andrew stated, the engineer consultants were skeptical they would have report by tonight, but are hopeful by end of week or early next week.  He looked at property; there are roofing and flooring issues and will need shoring with some bricks but says overall building is pretty sound.  He is going to come up with list to bring building to code.  I do not feel good about demolishing structure since it is tied to other buildings.  I feel City should wait until we receive his report to see what is recommended.  My recommendation is to send out requests for both demolition and rehabilitation bids. Mary asked, has there been an asbestos assessment?  Andrew stated, no and it is a commercial building.  Will we need asbestos inspection if repair building?  Alex stated, no we could see how bids come in for repair on structure and determine direction from there.  Mayor Linin asked, how does repairing property work with code?  Andrew stated, costs will be assessed to property owner like a nuisance property if they remain unpaid.  We have tried to keep contact with owner but that is why this property is on list.  ON A MOTION by Vice-Mayor Fairbanks to proceed with bid for rehabiliation of structure based on information in engineer report seconded by Commissioner Garcia.  MOTION carried on a VOTE of 5-0.
  2. Unfit Structure: 811 E. Hwy 24 – Andrew stated, due to budget constraints these two commercial properties should be addressed together. Commission needs to decide which property they would like to address this year.  City Attorney recommends whichever property is not addressed this year we start over on nuisance process next year because he does not feel comfortable tabling item for extended time period.    I recommend Commission table until next meeting to analyze results for 1008 Main.  Alex stated, the Commission can request bids to determine costs, but do not have to accept bids.  Mayor Linin stated, my concern is we keep waiting on both properties. I feel we should proceed with bid process so have information to make a decision.  Adam Schart, EBH Engineer stated, the Commission could table till next meeting to ask a non-local bidder to give bid because they typically will not bid on projects.  Commissioner Mai asked, does City have staff available for demolition?  I would like to know Rich’s feelings.  Andrew stated, I recommend Commission table until next meeting to allow me to approach a contractor for estimate and discuss with Rich.  ON A MOTION by Vice-Mayor Fairbanks to table 811 E. Hwy 24 until next Commission meeting  seconded by Commissioner Mai.  MOTION carried on a VOTE of 5-0.
  3. Unfit Structure: 602 Clark – Andrew stated, roof and fascia are complete, only have small amount of siding and interior work to be done.  I feel comfortable removing property from nuisance list.  We have fire insurance proceeds to hold until complete remaining work.  ON A MOTION by Commissioner Farris to remove property at 602 Clark from the nuisance list seconded by Commissioner Garcia. MOTION carried on a VOTE of 5-0.





  1. City Managers Report- 1. Next meeting the Commission will have two unfit structures on agenda: 1601 Kansas and 1619 Kansas.  2. City pool closed yesterday.    We have a number of board openings, if you know someone is interested, have them talk to me.  4. 17th Street will be closed from Main to Sherman Street beginning Tuesday, continuing through the week because Scoular Grain is removing old dryers and requested to have street closure to avoid problems.  5.  Due to Labor Day Holiday, next meeting is Tuesday September 5th6.  Volunteer day to paint equipment at Chambers, Phillips and Rosewood Parks for the cleanup grant has been moved to September 12th.  We are asking for volunteers from 4:00-8:00 p.m. We will meet at Chambers Park at 4:00, serve a BBQ for volunteers at 6:00 at Chambers Park.  7. County Commission approved Fire Agreement for the Fire Chief, after their attorney reviewed document.  There have been no changes to agreement.  ON A MOTION by Commissioner Garcia to approve the Fire Agreement with Sherman County seconded by Commissioner Farris.  MOTION carried on a VOTE of 5-0.


  1. Commissioner Reports

Commissioner Mai – 1.  When will we receive bids for street project?  Andrew stated, EBH will be in design phase until about November or December, then request bids to award in spring.
Commissioner Farris – 1.  Did we lose an officer, see we have an advertisement out?  Joni stated, we had to let an officer go.

Vice-Mayor Fairbanks – 1.  I was unable to attend pooch plunge but appreciate City allowing Animal Shelter this opportunity; fun day for dogs and owners.
Commissioner Garcia – 1.  I have received quite a few calls regarding the height of water meters on Clark Street.  They are concerned if someone is riding a bike and falls.  Adam stated, I will look at it but Rich wanted them higher since they tend to settle.  If they are set at ground level they will be too low.  Commissioner Garcia asked, what would happen if there is an accident on one of them?  Adam stated, the meters are in yard not the street.  Andrew stated, we will look at situation and discuss with Jake and let Commission know.  2. Thank you to Alex for contacting me about KDOT addressing weeds at Exit 19.

  1. Mayors Report – At the joint meeting we discussed dispatch center and the concern for the City to share in budget costs.  What are the Commission’s thoughts?  Vice-Mayor Fairbanks stated, we have not agreed to anything at this point.  Until we have numbers, we do not know what we are looking at and cannot obligate the City.  Mayor Linin stated, dispatch and other emergency services are a big part of our operation.  Andrew stated, it is too early to state one way or the other when do not have information.  Details will be presented and we will have to address them at that time.  If they are looking at a contribution to budget, I feel we need to look at a joint powers agreement.  Commissioner Garcia asked, during the meeting were the NRP caps removed?  Mayor Linin stated, yes and they approved the desire to have more oversight on applications.




ADJOURNMENT WAS HAD ON A MOTION Commissioner Garcia seconded by Commissioner Farris.  Motion carried by unanimous VOTE, meeting Adjourned at 6:20 p.m.



ATTEST:                                                                               Brian Linin, Mayor



Mary P. Volk, City Clerk