September 17, 2018 Commission Minutes

September 17, 2018 Commission Minutes

September 17, 2018 Commission Minutes

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Regular Meeting


September 17, 2018                                                                                                              5:00 P.M.

Mayor Brian Linin called the meeting to order with Vice-Mayor Jay Dee Brumbaugh, Commissioner Annette Fairbanks and Commissioner John Garcia responding to roll call.  Commissioner Jacque Schields 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, Brian James – Fire Chief, Mary Volk – City Clerk, and Andrew Finzen – City Manager.


Mayor Linin led Pledge of Allegiance





  1. Employee Benefits Update: Rhonda Fernandez – Rhonda stated, I want to share with Commission where City is with self-funding. You have approximately $165,000 in reserves to pay claims.  The prescription plan is a bonus for the City.  With self-funding, claims are claims, no third party administrator can save you money on claims.  Costs can only be saved on fixed costs.  Your self-funding is working at this point.  You are funding at maximum levels to build up five year reserve, then you can switch to funding at expected claim level.  The City is on an incurred contract which runs similar to fully insured contracts.  Since we began working for the City we look annually at third party administrators (TPA) and captive plans to see if the City would benefit.  The captive plans we have gravitated to are Berkley, who has nine plans.  The advantage and disadvantage to captive plans are there are a lot of people.  The plans want collateral in the event of a bad year but are allowed a collateral call if needed, which is a risk because they can ask for additional funding of the plan.  I am always shopping behind the scenes to see if we can find a more attractive plan.  The City covers 100% of premium and because you are grandfathered, the City cannot change premium cost to employee by more than 5% or would lose grandfather status which causes your employees to shop around.  Please note you also have to be aware of the affordability care factor, which in 2019 is 9.86% of employee’s household income.  This will cause everyone’s premium to be different because everyone’s wage is different.  The affordable care act (ACA) amount changes annually.  The status of your plan is based on your 2010 plan.  Mayor Linin asked, if we do not meet ACA rate is there a penalty?  Rhonda stated, yes there is and long term the penalty adds up.  This is important information to keep in mind.  Your employees will be receiving the compliance bulletin for Medicare Part D soon.  The City prescription plan is non-credible group.  ACA does not consider your plan as good as Medicare Part D option so if someone on the plan is working past age of 65, they need to take a Medicare Part D plan.  Every year they do not take plan a penalty is assessed and the penalty amount accumulates.  I will continue working with Mary and Andrew on renewal.  Mayor Linin asked, if we have the reserves and decide to increase our stop loss limit, what would that do to our premium?  Rhonda stated, we will need to review at renewal and look at stop loss claims to see if the increase will make a difference on savings.  The City averages two claims at maximum stop loss limit a year.  With your group size you do not want stop loss limit too high until you get reserves built up because of volatility.  The City’s self-funding is running well for size of group.  We review many different options to find best fit for your group.  Mayor Linin asked, will it change grandfather status if increase stop loss limit?  Rhonda stated, an administrative change does not change grandfather status.  If you keep same benefits and do not change premium by more than 5%, you will not lose grandfather status.  Vice-Mayor Brumbaugh asked, do you require a minimum amount in stop loss for claims?  Rhonda stated, no, it depends how much you want in reserve fund.  Mayor Linin asked, what should our level be?  Rhonda stated, about 50% of expected claims, approximately $250,000 to $300,000 to have money to insure runout claims are covered and protect group from high risk claims.  Language in contracts for self-funded groups is very important.
  2. Recreation Program Update: Tess Smith – Tess reviewed programs and activities ran by the GAC. I am in the sixth season running GAC and recreation programs.  Programs are increasing every year as we have to find new ways to keep youth involved.  Currently we are beginning flag football followed by Punt Pass and Kick program in October.  This is a good program where we have had local youth participate at next level.
  3. New Police Officer Introduction: Adam Sayler – Joni introduced new Police Officer Adam Sayler who brings fourteen years’ experience to department and a family of six to the community.



  1. 09/04/18 Commission Meeting Minutes
  2. 09/11/18 Joint Commission Meeting Minutes
  3. Appropriation Ordinances, 2018-18, 2018-18A, and 2018-P18

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



  1. Unfit Structure: 418 E. 17th Street – Andrew stated, the property owner was at our last meeting.  He plans to demolish property but was waiting on results of asbestos testing.  EBH has done asbestos test which came back positive so demolition requires certified contractor.  I recommend Commission give property owner until October 15th meeting to start on demolition. Commissioner Garcia asked, how much asbestos did they determine was present?  Andrew Brunner, EBH Engineer stated, we took thirty-two samples and most of them came back positive.  ON A MOTION by Vice-Mayor Brumbaugh to table action on unfit property at 418 E. 17th until October 15th meeting seconded by Commissioner Fairbanks.  MOTION carried on a VOTE of 4-0.
  2. Unfit Structure: 615 W. 13th Street – Andrew stated, there has been no contact or correspondence with owner and no improvements to property.  I recommend we proceed with bids for demolition.  Brian stated, the property owner is deceased.  ON A MOTION by Vice-Mayor Brumbaugh to proceed with bids for demolition for property at 615 W. 13th Street seconded by Commissioner Fairbanks. MOTION carried on a VOTE of 4-0.
  3. Authority to Award Contract: Historic Brick Street Rehabilitation Project 91 TE-0454-01 – Andrew stated, this project is scheduled to begin June 2019.  KDOT performs bid process and grant administration.  Apparent low bid was Miller Construction, but bid failed Disadvantaged Business Enterprise (DBE) requirement. They submitted an appeal which KDOT rejected and recommended next low bid, Bryant and Bryant in the amount of $709,006.  City share is in the amount of $274,000 and is due to KDOT by January 15, 2019.  I recommend approval of Authority to Award Contract with Bryant and Bryant.  Mayor Linin asked, is the DBE a KDOT requirement?  Andrew stated, no it is Federal requirement.  Commissioner Fairbanks asked, is this a new requirement?  Jodi Miller, Miller Construction stated, no but the percent is higher for this project than previous projects.  Department of Civil Rights sets the level.  ON A MOTION by Commissioner Fairbanks to approve the Authority to Award Contract with Bryant and Bryant as submitted seconded by Mayor Linin.  Commissioner Fairbanks asked, do we have a choice?  Andrew stated, not if you want to complete the project.  Mayor Linin stated, this is an 80-20 grant and we do not want to lose our grant match.  Andrew stated, the City’s share exceeds 20% because of utilities. MOTION carried on a VOTE of 4-0.
  4. Water Treatment Plant Farm Lease – Andrew stated, this is twenty-one acres of land by treatment plant, previously leased by Norman House. He has retired and his son-in-law Greg Sederstrom is interested in farming with similar lease.  The lease is auto renewal.  Benefit of this is City does not have to maintain land.  ON A MOTION by Commissioner Garcia to approve the farm lease with Greg Sederstrom seconded by Vice-Mayor Brumbaugh.  MOTION carried on a VOTE of 4-0.
  5. Wolak Building Lease Addendum – Andrew stated, this addendum was discussed at the joint meeting September 11th. Our insurance confirmed addendum just clarifies language in the agreement as these are items we are currently doing so no change to our policy.  ON A MOTION by Commissioner Garcia to approve the addendum to the Wolak Building Lease seconded by Commissioner Fairbanks.  MOTION carried on a VOTE of 4-0.



  1. Central Dispatch Remodel – Andrew stated, expanding dispatch in the basement was discussed at the joint meeting. The layout basically doubles the size of operations.  We need to determine what sentiments Commission are for remodel, funding and a contract with County.  Mayor Linin stated, I appreciated during joint meeting that you stated we need a time period as to how long this covers City contribution to dispatch.  Andrew stated, the concern if we do not have an agreement is that we would not be proceeding with remodel at this time.  I understand their concern of being locked into space if they want to build new facility.  Commissioner Garcia asked, would it not be in our best interest to have long term agreement to ensure they do not leave in two to three years?  It would be to the benefit of the tax payer.  Commissioner Fairbanks stated, their concern is mandates that may come down from FEMA which would lock us into an agreement where they could not get the facility needed.  Andrew stated, that is their concern but I agree with both of you.  I feel mandates like that would affect many other dispatch centers too.  Mayor Linin stated, I agree with Commissioner Garcia and feel we need long term contract.  Vice-Mayor Brumbaugh stated, they are thinking a four year contract, I was thinking ten year.  We can write contract how we need with an out clause for federal mandates.  Commissioner Garcia stated, even if FEMA requirements were put in place they would have to grant a grace period.  Our focus is to save tax payer money, I would think that would be their interest also.  Ryan Murray, Emergency Manager operates on second floor of court house in St. Francis, I think the basement is much safer.  Mayor Linin stated, this layout more than doubles the space.  Andrew and the City Commission left the Commission room to review space in basement.  Upon return to Commission room, Mayor Linin asked, what is the next step, County Commission indicated they want us to proceed soon.  Would we bid project?  Andrew stated, we would probably want to bid as there is quite a bit of sub-contacting work.  We did ask the contractor providing estimate to inflate numbers so his bid is not disclosed.  I would not want to bid project without an agreement in place, so we would need to work with legal to get an agreement in place.  Part of cost savings is for City crews to do demolition, which would require this to be a winter project for our employees.  Mayor Linin stated, in my opinion this is best solution for City to make our contribution to dispatch for extended period.  I believe if we can widen the area some and not throw off basement access yet add security to basement in event of terrorist attack it would help operation.  Commissioner Fairbanks stated, I am in favor of proceeding and requesting Andrew to work with City Attorney to draw up agreement.  Andrew stated, I will discuss layout with Crissy to determine dispatch needs.  Mayor Linin stated, she indicated in our joint meeting this met her needs, we just need to work with her.  This plan is more feasible.  Vice-Mayor Brumbaugh stated, the term of agreement is their sticking point; I would still like more than ten years.  Mayor Linin stated, I like the agreement where we provide the space, they provide operations.  By including a term in agreement there is a time line as to when we need to update basement for our share of operation.  Commissioner Garcia stated, I agree with Mayor Linin.  I do not think it is feasible for them to go to tax payers for new building.  Andrew stated, I am uncertain how we can structure agreement without the term.  Mayor Linin stated, we need to look at current agreement.  Consensus of Commission is to move forward after reviewing existing agreement.  Commissioner Garcia stated, we need contract terms in order to request bids.



  1. City Managers Report- 1. Next joint Commission meeting is scheduled for 7:00 a.m. November 13th at Wolak Building.  2. The City is closing at noon Friday to attend Homecoming activities.    League of Kansas Municipalities annual meeting is October 6th through 8th in Topeka.  4 Street project is moving ahead; still on Cherry Street, then will move to 15th Street.  5.  Oct 1st meeting we will have parking ordinance on agenda.  I attended a meeting for open meeting act where they discussed number of people in crowd.  The act states we cannot schedule a meeting in a closet but your room capacity is your capacity and you are required to meet fire code.  Our room capacity is forty seven people in Commission room so we will sit out chairs for that many.  Any additional people attending will not be allowed in meeting.
  2. Fire Chief/Building Inspector – Brian stated, the Fire Department is moving ahead. I just completed testing apparatus for ISO and they passed.  I am starting hydrant testing required by ISO to test water flow the end of October so you will see water running in the streets.  I will be painting hydrants to match water flow.  Red is worst at 0-500, orange is 500-1,000, green is 1,000-1,500 and baby blue is over 1,500 gallons per minute of which we have none because our towers are not high enough.  We have a good department and Commission should be proud as shown by call last night.  I continue trying to find grants to build training facility but have not approached Hansen Foundation.  Before that I want to determine other funding sources to match grant.  We are short three on City department and have had seventy six calls year to date.  The Fire Department is better trained and now has thirteen certified structural officers on the force.


On Building Inspection, Alex has been busy.  He has sent forty four inoperable vehicle letters, forty eight code and sight triangle violation letters and two hundred forty mowing letters to citizens.  Alex has provided one hundred five sets of house numbers.  Most of the permits issued have been roof permits or small garage projects.

  1. Commissioners

Vice-Mayor Brumbaugh – 1.  No Report

Commissioner Fairbanks – 1.  No Report

Commissioner Garcia – 1.  No Report

Commissioner Schields – 1.  Absent, No Report

  1. Mayors Report No Report



  1. Under the authority of KSA 75-4319 (b)(1) for personnel matters for nonelected personnel – Mayor Linin made a motion at 6:22 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 only the Commission present.  Commissioner Garcia seconded the motion.  MOTION carried by a VOTE of 4-0.  Meeting resumed at 6:37 p.m.
  2. Action from Executive Session – ON A MOTION by Vice-Mayor Brumbaugh to approve the employment contract with Andrew Finzen through January 1, 2021 seconded by Commissioner Garcia. MOTION carried on a VOTE of 4-0.


ADJOURNMENT WAS HAD ON A MOTION Commissioner Garcia seconded by Commissioner Fairbanks.  Motion carried by unanimous VOTE, meeting adjourned at 6:50 p.m.  Next regular meeting is scheduled for October 1.






ATTEST:                                                                                Brian Linin, Mayor





Mary P. Volk, City Clerk