September 4, 2018 Commission Minutes

September 4, 2018 Commission Minutes

September 4, 2018 Commission Minutes

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Regular Meeting


September 4, 2018                                                                                                                       5:00 P.M.

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


Also present were Rich Simon – Director of Public Works, Joni Showalter-Police Chief, Mary Volk – City Clerk, and Andrew Finzen – City Manager.


Mayor Linin led Pledge of Allegiance



  1. Chuck Wilkens stated, I am present because of notice I received on my property at 418 E. 17th Commissioner Garcia stated, Chuck called me about his property and the time constraints he is dealing with on the property then the Commission time line.  Chuck is a community player.  Chuck stated, when I discussed property with the Mayor he informed me to call to discuss property with City Manager.  I was out of town when Commission held meeting that condemned my building.  There are a lot of other properties in worse shape and we bought property to clean it up.  Yes it needs attention I do not doubt that, I just felt picked on.  I am here to ask for time.  EBH did an asbestos inspection on property then we will hire a contractor.  We would like to have additional time, maybe to end of the year.  We are waiting for results of inspection.  Thirty days is up soon and we will not get green light from EBH in your time line.  Brian stated, if we request demolition bids on property that would require another thirty days.  Appreciate you coming in and communicating with Commission.  Commissioner Fairbanks stated, in honesty we have pictures of the structure and it does have problems.  We cannot address all properties at once but we are not picking on you.  Chuck stated, we will not agree on that, but I have not been able to get a hold of City either.  Andrew stated, property is on the September 17th agenda for Commission to discuss.



  1. Officer Commendations: Zach Mader and John Windle – Joni stated, I would like to commend exemplary service of Officer Mader and Officer Windle on an incident July 30th. Their actions were above and beyond the call of duty.  Officer Mader and Officer Windle were presented a certificate by Joni and a letter from Officer Erhart.



  1. 08/20/18 Commission Meeting Minutes
  2. Appropriation Ordinances, 2018-17, 2018-17A, and 2018-P17

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



  1. Bid Award – IFB 2018-03: Unfit Structure Demolition at 1302 Kansas Ave. – Andrew stated, we solicited bids for demolition of property at 1302 Kansas. We received two bids: B & K Pumping in amount of $3,200 and Goody’s in amount of $5,500.  We recommend low bid from B & K Pumping.  ON A MOTION by Commissioner Garcia to approve the bid from B & K Pumping in amount of $3,200 for the demolition of property at 1302 Kansas seconded by Commissioner Schields.  MOTION carried on a VOTE of 4-0.


  1. Sales Tax – Andrew stated, the Commission discussed an interest in pursuing projects when current sales tax sunsets. There was a difference of opinion on what to pursue but if we proceed, Commission is looking at an August primary for the opportunity to place item on ballet.  I am an advocate of allowing I-70 traffic assist paying for some of the projects we need to complete and offset property tax.  Commissioner Fairbanks stated, we absolutely need to stay on top of this issue and organize what we want to propose to the citizens.  Commissioner Garcia asked, what projects are you looking at for infrastructure and economic development?  Andrew stated, the Industrial Park and South Loop.  Economic development is tied to infrastructure like the road for new Holiday Inn Express.  We have the Industrial Park with an extended road but no utilities.  The Commission needs to identify priorities to pursue.  Mayor Linin asked, do businesses pass developing in Industrial Park because there are no utilities?  Andrew stated, yes they may not be big businesses but it is difficult when you have nothing to sell them.  Mayor Linin asked, if someone came in today and see it is not developed but want us to extend utilities how would we handle the situation?  Andrew stated, it would come back to the Commission.  Commissioner Garcia stated, if we can accomplish this we could raise about $560,000 annually with a half-cent sales tax.  Mayor Linin stated, I would like to focus on one issue then let the tax sunset and concentrate on another priority.  Items on project list are such we need to have money in bank and be ready to do when we need them done.  Commissioner Fairbanks stated, economic development benefits from cleanup of unfit structures and infrastructure.  Mayor Linin stated, I am not opposed to economic development, I just feel the County and City have to be unified on it to be successful.  We have a big investment with emergency services and communications so I do not feel that will be a top priority with some of the other items.  We have to put a plan together that we can sell and know we have the support of our citizens.  Commissioner Fairbanks stated, we have to have a good plan for a specific project with good presentation.  It cannot be open ended.  Commissioner Garcia stated, our next joint meeting is September 11th, and they expressed interest in passing a Charter Ordinance to move forward with economic development and CVB.  Mayor Linin stated, I feel we need to work together instead of separately.  The existing tax is one cent tax between the City and County; we want to be on same page.  If we decide to proceed with a less tax the public will support it more with lower taxes.  City and county will each get less but have to look at what citizens will support.  Andrew stated, I will have item on next joint agenda.
  2. Tax Sales – Andrew stated, Vice-Mayor Brumbaugh brought up discussion to see what City could do to encourage hosting tax sales more frequently. If City would be willing to share costs of tax sale, it is a way the City can help get some properties moving.  People may buy and renovate property rather than City demolish the property.  We need to get more information regarding costs of a tax sale.  Commissioner Fairbanks stated, we need to talk to Jake before we discuss with County to know the legality and whether the City can really help with costs as that is County responsibility.  Mayor Linin stated, I like the thought and good opportunity.  If we do not have tax sales, it negatively impacts the community.  Consensus is review legal ramifications for City before proceed.



  1. City Managers Report- 1. Street project is proceeding, will finish 16th Street tomorrow then move to Cherry Street for six week.  2. As a reminder, joint meeting with the City and County Commissions is September 11th at 7:00 a.m. at Wolak Building.    Annual Black Hills Energy meeting is September 11th at 5:30 p.m.  4. We experienced a power outage yesterday from a lightning strike to our Central Loop.  I commend the electric crew as they do an exemplary job addressing repairs every time something happens.  Commissioner Fairbanks stated, I appreciate the support from the public too, it is nice to have the power plant available and ready to go on an outage.


  1. Commissioners

Vice-Mayor Brumbaugh – 1.  Absent, No Report

Commissioner Fairbanks – 1.  No Report

Commissioner Garcia – 1.  No Report

Commissioner Schields – 1.  Good to see sales tax discussion to get assistance from I-70 traffic.

  1. Mayors Report No Report



  1. Under the authority of KSA 75-4319 (b)(6) for preliminary discussions relating to the acquisition of real property – Mayor Linin made a motion at 5:43 p.m. to recess into executive session under authority of S.A.75-4319 (b)(6) for preliminary discussion relating to the acquisition of real property not to exceed ten minutes.  I request the Commission, Mary and City Manager be present.  Commissioner Fairbanks seconded the motion.  MOTION carried by a VOTE of 4-0.  Meeting resumed at 5:53 p.m.
  2. Under the authority of KSA 75-4319 (b)(1) for personnel matters for nonelected personnel – Mayor Linin made a motion at 5:55 p.m. to recess into executive session under authority of S.A.75-4319 (b)(1) for personnel matters for nonelected personnel not to exceed fifteen minutes.  I request the Commission and City Manager be present for the first minute, then the Commission for the remaining time.  Commissioner Fairbanks seconded the motion.  MOTION carried by a VOTE of 4-0.  Meeting resumed at 6:10 p.m.


ADJOURNMENT WAS HAD ON A MOTION Commissioner Garcia seconded by Commissioner Fairbanks.  Motion carried by unanimous VOTE, meeting adjourned at 6:10 p.m.  Next meeting is a joint City-County Commission Meeting on September 11th and the next Commission meeting is scheduled for September 17th.  






ATTEST:                                                                               Brian Linin, Mayor





Mary P. Volk, City Clerk