July 16, 2018 Commission Minutes

July 16, 2018 Commission Minutes

July 16, 2018 Commission Minutes

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Regular Commission Meeting


July 16, 2018                                                                                                                    5:00 P.M.

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


Also present were Rich Simon – Director of Public Works, Dustin Bedore – Director of Electric Utilities, Joni Showalter-Police Chief, Alex Weis – Code Enforcement, Mary Volk – City Clerk, and Andrew Finzen – City Manager.


Mayor Linin led Pledge of Allegiance



  1. Unfit Structure: 1302 Kansas Ave – Mayor Linin opened hearing at 5:01 p.m. for property at 1302 Kansas. Andrew stated, this is basement house previously discussed.  There have been no improvements to property and no correspondence from owner.  There was no public response so Mayor Linin closed hearing at 5:02 p.m.
  2. Unfit Structure: 1116 Caldwell Ave – Mayor Linin opened hearing at 5:02 p.m. for property at 1116 Caldwell Ave.  Lincoln Wilson property owner, stated, I apologize for the unsightly blemish to community but property has been under legal investigation.  Upon release I took action to work on appearance.  Renovation of the exterior will be completed shortly but progress of the back and interior will be slower because of costs.  I would ask Commission for forty five days to make it presentable.  Mayor Linin asked, what are your intentions with property?  Lincoln stated, I will rebuild since fire, but it will most likely be a winter project since I have two other projects in the works.  I will get outside complete within thirty days.  Andrew stated, we have photos of property since notice was provided, then an updated view.  He has been working with Alex to make improvements and has appropriate permits.  Vice-Mayor Brumbaugh asked, when we look at resolution do we have chance to extend to forty five days as requested?  Andrew stated, we would like to have consistency of thirty days for first notice, then modify after that time.  Lincoln stated, I appreciate consideration. Mayor Linin closed hearing at 5:07 p.m.
  3. Recreational Trails Grant Application – Mayor Linin opened hearing at 5:07 p.m. for recreational trail grant application.  Andrew stated, the topside trail program has received funding from Dane Hansen Foundation and intent is to leverage some of the money with a recreation trail grant from State.  This hearing facilitates public comment of the project.  Abby Killingsworth citizen stated, I am in favor of project and excited to see what the community can do with project.  Adam Schart committee member stated, I think it is a great project to come together with college and the engineering department.  I have felt for a while our community is behind on this project as all other communities have trails. It is a quality of life for the young people.  Mayor Linin stated, you received a grant from Dane Hansen Foundation for $250,000, looks like total cost for project is about $350,000 so it is a big project.  Andrew stated, the Foundation grant is also for a series of other projects where we will not find assistance.  That is reason we are leveraging grant against recreational grant from State.  J.J. Howard citizen asked, have you sent notification out to people that live across the street from trail, you need to let them know?  I would not have known about it but I have been attending meetings.  Are you going to patrol the area by pool more because when college starts up it becomes a drag strip?  Mayor Linin stated, I am sure it is something that can be done, first we have been notified of it.  J.J. stated, the City should notify citizens before you begin a project like this.  Commissioner Fairbanks stated, we have not thought about it but something can be done to notify them.  Mayor Linin stated, it would be good public relations for City to include information in newsletter.  That will get information to everyone.  Andrew stated, there has been other press on it but a map has not been in newsletter.  Mayor Linin closed hearing at 5:17 p.m.



  1. Lincoln Wilson representing Flatlanders Festival gave a report on 2017 festival; requesting participation in 2018 festival. Lincoln stated, 2017 festival and picnic in park were successful events.  We would like to ask for assistance with 2018 festival.  Mayor Linin stated, we appreciate you coming in to discuss the event with us.  Andrew stated, last year we got together during planning to discuss lay out of the event, I would recommend doing the same this year.



  1. 07/02/18 Commission Meeting Minutes
  2. 07/10/18 Joint Commissioner Meeting Minutes
  3. 07/12/18 Special Commission Meeting Minutes
  4. Appropriation Ordinances, 2018-14, 2018-14A, and 2018-P14

ON A MOTION by Commissioner Fairbanks to approve Consent Agenda seconded by Vice-Mayor Brumbaugh.  MOTION carried on a VOTE of 4-0.



  1. Resolution 1534: Unfit Structure: 1302 Kansas Ave – Andrew stated, Resolutions 1534 and 1535 designate structures at each property as unfit and allow thirty days for owner’s to bring property into compliance.  ON A MOTION by Vice-Mayor Brumbaugh to approve Resolution 1534: Unfit Structure: 1302 Kansas Ave and Resolution 1535: Unfit Structure: 1116 Caldwell Ave. seconded by Commissioner Schields. MOTION carried on a VOTE of 4-0.
  2. Resolution 1535: Unfit Structure: 1116 Caldwell Ave – See Item A above.
  3. Resolution 1536: Trail Master Plan – Andrew stated, this resolution adopts Trail Master Plan the Commission previously reviewed.  This is required to apply for the recreational trail grant.  Mayor Linin asked, how much are we applying for with grant?  Andrew stated, the grant is 80/20 share and in application asking for first phase. We do not feel they will award full amount for trails when there is only so much money.  It would be nice to get other trails funded but feel need to continue application process in the future.  ON A MOTION by Vice-Mayor Brumbaugh to approve Resolution 1536: Trail Master Plan seconded by Commissioner Fairbanks.  MOTION carried on a VOTE of 4-0.



  1. 2014 Audit Report – Harold Mayes from Agler & Gaeddert presented the 2017 Audit Report. Harold stated, financial statements are fairly stated; cash is up, but it is due to special purpose revenue funds.  In business funds, cash has gone down.  There are no statutory violations and we tested internal controls which are appropriate and in compliance.  Andrew asked, can you explain why GAAP waiver is a benefit and why most City’s go that route?  Harold stated, if you do not have waiver all infrastructure is valued on financial statement which puts fluff in your records that you should not be concerned with because you will not sell your infrastructure.  With the waiver, your records give balances you carry forward.  ON A MOTION by Vice-Mayor Brumbaugh to accept 2017 Audit Report as presented seconded by Commissioner Fairbanks.  MOTION carried on a VOTE of 4-0.
  2. EEO & Affirmative Action Policy – Andrew stated, this is the last requirement to receive federal funding on trail grant.  The Commission has adopted similar policies over the years. ON A MOTION by Vice-Mayor Brumbaugh to approve the EEO & Affirmative Action Policy seconded by Commissioner Schields.  MOTION carried on a VOTE of 4-0.



  1. House Numbering Enforcement – Andrew stated, Alex is interested in enforcing City policy for house numbers on residences.  Current code requires house numbers for emergency purposes but the code was never enforced and should be for emergency personnel.  We recommend purchasing a bulk set of numbers to supply citizens as long as supplies last, then start enforcing the code this fall. We are looking at purchasing 200 of each number for a cost of about $2,200.  We have property owners that have improved their property so not looking at as many demolitions for 2018 and we can use some of this money.  Mayor Linin asked, can we allow citizens to go down and charge a certain amount so we do not have too many left over.  Alex stated, this is a bulk bid and we can get half of the order then get second half if you would like.  Andrew stated, rational is to minimize our expense.  We discussed having them signup for numbers, but wanted to make it simple for the City.  To allow the citizens to charge at business puts business in a bad position administering program.  Commissioner Fairbanks stated, I like simplicity of plan to order them.  Andrew stated, it is hard to tell what numbers will be more popular.  Vice-Mayor Brumbaugh asked, can they put numbers on curb or someplace other than house?  Andrew stated, code states must be placed on house, three inches in height.  Mayor Linin asked, what is penalty for noncompliance?  Andrew stated, I believe it is $25 per incident per day and case is processed through Municipal Court.  Consensus of Commission is to proceed with purchasing house numbers for enforcement this fall.  Andrew stated, I feel this is a good initiative by Alex.



  1. City Managers Report- 1. Street Project has begun in Industrial Park.  2. We are tentatively planning to close pool August 12th.  There is a college party August 15th and the Pooch Plunge planned for August 18th.    Chip sealing is complete, planning on fog seal August 3rd.  4.  As a reminder July 20th we will light up Van Gogh for Special Olympics.  Mayor Linin asked, can we put something in paper and ask Curtis mention on radio?  Andrew stated, we plan to do some advertising about it.  5.  Flex has retired due to a degenerative disk that prevents further service.  We are working on grants to fill position.  6.  Final budget meeting is scheduled for Wednesday at 5:00 p.m. in Commission room.  7.  Working with Public Works and Police Department on fair parade scheduled for July 28th at 5:00 p.m.  8.  Property at 823 Cattletrail has been demolished.  Mayor Linin asked, what will they do with pile of dirt?  Alex stated, I believe they will spread it out on property but I will confirm with contractor.
  2. Commissioners

Vice-Mayor Brumbaugh – 1.  I appreciate assistance I have received on understanding budget information.

Commissioner Fairbanks – 1.  I am on trail committee and feel it is important for our community to have places to walk, relax and feel safe.

Commissioner Garcia – 1.  Absent, No Report.

Commissioner Schields – 1.  I am also on the trail committee and feel this is a good project for the community.  I walk a lot in the streets and it is difficult with curve of our streets.  2.  I am glad to see property owners have become pro-active to repair properties.

  1. Mayors Report No Report.



ADJOURNMENT WAS HAD ON A MOTION Commissioner Fairbanks seconded by Vice-Mayor Brumbaugh.  Motion carried by unanimous VOTE, meeting adjourned at 6:00 p.m.  Next meeting is a Special Meeting scheduled for Wednesday July 18, 2018 at 5:00 p.m. and the regular meeting scheduled for August 6, 2018.






ATTEST:                                                                               Brian Linin, Mayor





Mary P. Volk, City Clerk