February 5, 2018 Commission Minutes

February 5, 2018 Commission Minutes

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Regular Meeting


February 5, 2018                                                                                                                         5:00 P.M.

Mayor Brian Linin called the meeting to order with Vice-Mayor Jay Dee Brumbaugh, Commissioner Annette Fairbanks, Commissioner John Garcia, and Commissioner Schields responding to roll call.


Also present were Rich Simon – Director of Public Works, Joni Showalter-Police Chief, Suzanne McClure – Economic Development Director, Alex Weis – Code Enforcement, Brian James – Fire Chief, Mary Volk – City Clerk and Andrew Finzen – City Manager.


Mayor Linin led Pledge of Allegiance.





  1. Elks 150th Proclamation – Mayor Linin proclaimed February 16, 2018 as Elks Lodge Day in Goodland and presented proclamation to Zona Price.
  2. New Police Officer Introduction: Jamie McKinney – Joni introduced new police officer Jamie McKinney, replacing Sergeant Kroskey who retired in December



  1. 01/16/18 Commission Meeting Minutes
  2. Appropriation Ordinances, 2018-03, 2018-03A, and 2018-P03

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



  1. Unfit Structures – Andrew recapped the unfit structure process outlined in City code. Andrew stated, it is important to ensure due process and that timelines are followed.  In 2018 the Commission will have funds available to address the demolition of one commercial or five residential properties.  Mayor Linin asked, on the timeline, we give notice and publish the hearing, then is there another thirty days?  Andrew stated, the first resolution sets hearing date while the second resolution states time allowed to make improvements to property.  Vice-Mayor Brumbaugh asked, is this more than just appearance, what else can be included in property?  Do you have the public call on properties?  Andrew stated, yes we have citizens complain about properties which can be included as reasons to declare property unfit.  Mayor Linin asked, after they file a complaint does staff review property?  Andrew stated, yes to get a determination as to whether it fits unfit structure definition.  Mayor Linin asked, if concern is some debris or a bad fence falling down is that handled as unfit?  Brian James stated, that is covered in another section of code which is considered blithe.  This discussion is for dangerous structures.  Mayor Linin asked, how much time is given for blithe?  Brian stated, it depends what court decides as that goes through municipal court.  Brian Rippe stated, sounds like there is no set code enforcement but handled on a case by case basis, how can you enforce for one and not all?  There are too many open ends on enforcement.  Mayor Linin asked, if they do not abide by time line what happens?  Alex stated, they are fined or if it is vehicles, they are towed.  We have never ran into a case that the blithe was not cleaned up.  Andrew stated, we want direction on whether you prefer us proceeding with residential or the commercial structure.  Mayor Linin asked, when evaluating improvement value for unfit structure, can we go off appraised value for tax role?  Andrew stated, the problem is determining the cost to repair.  Kelly Rippe stated, if someone decides to complete their own work, there is a value to their labor cost.  Mayor Linin stated, you are correct, some value it pretty cheap.  If we have the 50% requirement on the improvement versus the value of property we need to start using that tool for evaluation.  I feel we need to have some time for another discussion on blithe.  Vice-Mayor Brumbaugh asked, do we have five residential properties ready now before the commercial property?  Andrew stated, yes we have a list but no properties are at the stage that they are ready to be out for demolition bid.  Vice-Mayor Brumbaugh stated, my thought process is the Commission needs to be consistent across the board.  When a deadline is given, we should be firm and consistent.  That is a way we are consistent with all properties.  Andrew stated, I agree and appreciate that thinking as we have given way too much time and have been too lenient.  Brian Rippe stated, I feel Commissioner’s need to drive by all properties to know why the property is being demolished.  Vice-Mayor Brumbaugh stated, property values of property owners in area are affected by the nuisance.  It is not fair they lose value on their property because of their neighbor’s property.  Kelly stated, there have been several properties over last several years that went out for bid then the property owner came in after bid was awarded and Commission did not follow through with demolition but gave them extra time period and nothing has been done.  Why are we spending the time and money to bring property to Commission when you back down on demolition?  Mayor Linin stated, I understand and agree with you, but our biggest hold back is our budget.  If we can save taxpayer money I will vote that route but we do get burnt.  Kelly stated, the vacant lots do not speak well for our community, but neither do the unfit structures.  Commissioner Garcia stated, it is also the timing of when the process is started, that has been a deciding factor used against Commission.  We also do not want them to spend money improving property then demolish it.  Most important fact is these properties come up at difficult time and we fight the weather.  Vice-Mayor Brumbaugh stated, if we stick to our timeline and back our employees, the word will get around to the public and people will understand we are serious with our timelines.  Kelly stated, on the property you are reviewing tonight we tried to help them fix it up at no cost because it is an adjoining property but that home cannot be fixed, especially with limited means.
  2. Street Project Priorities; EBH Project Updates – Adam Schart, EBH Engineer stated, street project bids will be opened February 15, 2018.  We bid project so there are different alternatives, depending how bids come in.  We will discuss bids next meeting.  In regards to the GIS Mapping, we have surveyed half the town.  For the 9th to 10th and Main Street project, plans are to bid project late summer and work will likely begin next spring. On the last brick project we had a lot of problem with bricks chipping.  Since the grant was obtained on historical basis the brick have to be laid how they were originally laid.  In the design we are trying to do some things different that may help.  Some ideas are how sand is vibrated in or fabric underlay.  We cannot eliminate these problems unless we do something different.  If you switch brick, they will look different than other blocks, but I feel they will lay better.  Sand in between gives bricks room so they do not rock against each other.  Is it worth spending the extra $30,000 to get the bricks here or do we live with what we have?  I feel if we make change we may get back to where we were on original two blocks.  Vice-Mayor Brumbaugh asked, Rich what is your preference?  Rich stated, it might help to lay the brick a different way, but I want to get the wave out of the street.  Adam stated, we cannot change how brick is set in the street.  Vice-Mayor Brumbaugh stated, considering the additional brick cost I feel we have to stay with same brick but make changes in how the brick is laid.  Commissioner Garcia stated, I agree we need to stay with continuity of what we have.  Consensus of Commission is stay with same brick, making changes in how it is laid.    Adam stated, we need to determine the type of street lighting for project.  Lighting up to $85,000 is covered in grant.  Current plan is to complete this one block then go back and put lights on blocks we have completed and continue with future blocks.  There are some we have considered but you need to decide what you want lighting to look like.  Commissioner Fairbanks asked, will we be able to get the same lights in future?  Andrew stated, that is our hesitation, do we want to do one block that looks different or come back and do the light and landscape work at a later date.  Commissioner Fairbanks stated, I would like the lighting to look the same downtown and not have one block look different.  Mayor Linin stated, if we are going to spend money on lights for Main Street it needs to be something unique and attractive.  We need to consider if we do one block what is time frame to complete remaining blocks?  We do not want it to look out of place.  Adam stated, you have the option to keep what we have and put in electric underground and try for a beautification grant?  The grants are usually awarded but the City has already spent money on street replacement which could be a hindrance.  Commissioner Fairbanks asked, can you put in the underground for future if we do not settle on a pole at this time.  Adam stated, we can move electrical underground or put in bare conduit to prepare for future.  Commissioner Fairbanks stated, we could do more lights at once and not piece meal the project.  Commissioner Schields stated, I agree if we only do one block it will stick out.  Commissioner Fairbanks stated, I feel need to get a Main Street group for lighting project.  Adam stated, the Hansen Foundation might be a good route for lighting project rather than KDOT where the costs are higher.  Vice-Mayor Brumbaugh stated, I feel we should wait until we have money available for all lighting, but put conduit in at this time.  Consensus of Commission is in agreement with Vice-Mayor Brumbaugh.  Adam stated, I will leave it up to Dustin Bedore as to whether you want to set controllers.  Mayor Linin asked, what is the status of Airport Master Plan?  Andrew stated, we met Friday and the project is about six weeks out, so should be to Commission for adoption soon.  Friday’s meeting was a big step toward completion.
  3. FY 2019 Budget Calendar – Andrew stated, I feel process was rushed last year.  The boards have an interest and want to be involved with Commission plus I would like Commission to be able to digest budget numbers ahead of time.  I will have input sheets for Commission to determine their priorities. I have set a time table that I am presenting ahead of time for your calendars.  The first meeting in July was cancelled last year, uncertain that will not happen again.  Commissioner Garcia stated, I like the way Andrew has laid out the plan.
  4. Ordinance 1710: Board Consolidations – Andrew stated, it is difficult to fill all boards and would like to consolidate where can.  Article IX Division 1 of code is the Planning Commission. We discussed ex-officio members from the Commission.  The Board of Zoning Appeals should have five members, only two are appointed.  These boards do not need to be separate so the Planning Commission can function as Board of Zoning Appeals.  The Cemetery, Museum and Airport Boards are all unmodified except an ex-officio board member for the Airport Board.  The Parks and Recreation Board is defunct as of now so I would like to consolidate with Tree Board.  I discussed this with the board and they are in agreement.  The big change is Division 8 – Construction Advisory Board of Trades and Appeals which replaces boards of particular trades, like plumbing, electrical and contractor.  The last board is Human Relations Board and not sure need this board to exist.  The board has never met; purpose is to listen to grievance or discrimination claims against the City.  We have an administrative process to follow for this type of claim.  Consensus of Commission is in agreement with proposed board consolidations and changes.
  5. Ordinance 1711: K27 ROW and Irvin Annexation – Andrew stated, ordinance addresses two discrepancies with current boundaries.  The first being the 60′ strip of land behind Holiday Inn Express, the second came up with signage discussion and is the ROW boundaries along K27 and in front of the Industrial Park to just above 8th Mayor Linin asked, does this obligate the City to take care of ditches?  Andrew stated, no that is KDOT’s responsibility right now, this is to annex the ROW into City limits.  Adam stated, this also helps with applications for KDOT grants along that stretch as now cannot apply for KDOT funding.  Mayor Linin asked, what is Irvin’s property?  Andrew stated, that is the back 60′ strip of his property that is not in City limits.  The strip got construed when it was set up and this moves boundary to where it should have been.  In fact we have a utility easement that is outside City limits because it is in this strip.



  1. Resolution 1515: Unfit Structure 1619 Kansas – Andrew stated, resolution places property at 1619 Kansas back on the unfit structure list, setting the hearing for March 19th. It is recommended we start the process over again.      Vice-Mayor Brumbaugh asked, since the time period lapsed for property owners, can we just move forward from here?  Andrew stated, the entire process got messed up and we want to make sure we have the City protected since there is a new owner involved.  Mayor Linin stated, I hear what you are saying and would like to expedite this property, but have had problems with property in past.  There are property rights and I want to protect the City’s liability. ON A MOTION by Commissioner Garcia to approve Resolution 1515: Unfit Structure 1619 Kansas seconded by Commissioner Schields.  MOTION carried on a VOTE of 4-1 with Vice-Mayor Brumbaugh casting the dissenting vote.



  1. Cemetery Board Appointment: Jan Lohr – Andrew stated, Jan is currently serving as secretary on board and recommend three year appointment. ON A MOTION by Commissioner Garcia to appoint Jan Lohr to a three year appointment to the Cemetery Board seconded by Commissioner Fairbanks.  MOTION carried on a VOTE of 5-0.
  2. Bid Award: Chip Rock Delivery – Andrew stated, bids were received for delivery of 1,100 tons of chip rock for street sealing project.  We received one bid from Ihrig, Inc. for $12 per ton or a total $13,200.  ON A MOTION by Commissioner Garcia to approve the bid from Ihrig, Inc. for the delivery of 1,100 tons of chip rock at $12 per ton or a total of $13,200 seconded by Commissioner Schields. MOTION carried on a VOTE of 5-0.



  1. City Managers Report- 1. Commend Public Works for the good work on clearing snow from the storm last week.  2. We had a KDOL audit of City facilities and had ten safety incidents reported.  Five were repaired on the spot, the other five have been repaired.  KDOL was very commending on the safety of our facilities as they were all minor violations.      As a reminder the Commission retreat is scheduled for February 15 at 5:00 p.m.  4. Commend Mary and Shauna for their work on setting up SWIFT-911 system.  It is an automated call system that assists notifying citizens on different issues.  The main desire was to decrease the number of utility cutoffs but we plan to expand the use of the system.  5.  Officers have been elected for the Cemetery, Airport and Tree Boards.
  2. Commissioners

Vice-Mayor Brumbaugh – I have heard good things about the snow removal and the fact we were in school next day when surrounding towns were not.

Commissioner Fairbanks – 1.  Commend Staff on the great job clearing snow in last storm.

Commissioner Garcia – 1.  Commend Staff on clearing snow in last storm.  2.  Thanks to Andrew on new budget format, think it will be beneficial.  3.  Thanks for cleaning up boards.
Commissioner Schields – 1.  Commend crews for clearing streets so quickly.  2.  Appreciate all information in packet tonight.

  1. Mayors Report No Report.



  1. Under authority K.S.A. 75-4319 (b)(2) for attorney-client privilege – Mayor Linin  made a motion at 7:10 p.m. to recess into executive session under authority of K.S.A. 75-4319 (b)(2) for attorney-client privilege not to exceed fifteen minutes.  I request the Commission, Suzanne, Mary and Andrew be present.  Commissioner Garcia seconded the motion.   MOTION carried by a VOTE of 5 to 0.  Meeting resumed at 7:25 p.m.
  2. Under authority K.S.A. 75-4319 (b)(1) for personnel matters of nonelected personnel – Mayor Linin made a motion at 7:26 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 twenty minutes. I request the Commission and Andrew be present.  Commissioner Fairbanks seconded the motion.   MOTION carried by a VOTE of 5 to 0.  Meeting resumed at 7:46 p.m.   Mayor Linin made a second motion at 7:46 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 Andrew be present.  Commissioner Fairbanks seconded the motion.   MOTION carried by a VOTE of 5 to 0.  Meeting resumed at 7:56 p.m.


ON A MOTION by Mayor Linin to renew the City Manager contract with Andrew Finzen raising his pay from $85,000 to $88,000 per year seconded by Vice-Mayor Brumbaugh.  MOTION carried on a VOTE of 5-0.


ADJOURNMENT WAS HAD ON A MOTION Vice-Mayor Brumbaugh seconded by Commissioner Schields.  Motion carried by unanimous VOTE, meeting Adjourned at 7:58 p.m.  A special meeting is scheduled for Thursday February 15, 2018.  The next regular meeting is scheduled for February 20, 2018.






ATTEST:                                                                               Brian Linin, Mayor





Mary P. Volk, City Clerk