September 3, 2019 Commission Minutes

September 3, 2019 Commission Minutes

September 3, 2019 Commission Minutes

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Regular Meeting


September 3, 2019                                                                                                                 5:00 P.M.

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


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


Vice-Mayor Brumbaugh led Pledge of Allegiance





  1. 08/19/19 Commission Meeting Minutes
  2. Appropriation Ordinances, 2019-17, 2019-17A, and 2019-P17

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



  1. Fire Suppression – Andrew stated, Calvary Gospel Church is building outside City limits and approached the City to tap into City for a fire suppression system which is needed for their facility.  The City pays for infrastructure by selling water to customer, but that is disconnect in this situation as they are only requesting fire suppression services. Code currently does not allow installation of only a fire leg, whether inside or outside City, so we are proposing an ordinance setting out fees.  We are proposing a $100 installation fee plus actual costs for them to connect to our water main, which is responsibility of customer.  We are proposing an annual fee of $60 for service to cover our basis.     Commissioner Garcia asked, how much is cost for labor, equipment and material to customer for connection to our water main?  Andrew stated, it is not substantial as we put the T on our main that they use to connect to our system.  Vice-Mayor Brumbaugh asked, moving forward what is our limit if someone further outside City wants service?  Andrew stated, we are not extending water lines or mains only the T to connect to our system.  Customer is responsible for costs to bring service to our connection.  Rich stated, that is how it works for fire suppression systems, we install the T, customer is responsible to hook to our line.  Andrew stated, the system will require an annual inspection by City inspector since it is not hooked to a meter.  Mary asked, why does it not have a meter to measure water used?  Rich stated, these systems are not hooked to meter in event of fire and meter malfunctions.  Commissioner Fairbanks stated, the fees seem really reasonable.  Andrew stated, this is modeled after Garden City ordinance except they had costs broken out by size of line; our fees are lower.  Vice-Mayor Brumbaugh stated, so other municipalities are providing service, this is just our first request.  Andrew stated, yes, not a lot of communities but a few provide service.  Vice-Mayor Brumbaugh stated, if it helps them out and encourages them to build.  I feel fees are cheap but in line with other municipalities.  It is really at their expense.  Commissioner Garcia stated, we need to get input from Fire Chief.
  2. Downtown Master Plan – Andrew stated, we were working with Dane Hansen Foundation for an intern on downtown master plan but it fell through when intern accepted another job. I want to get plan started.  This service is often contracted out, but going to try and do as much in house to save costs; however, the process will take longer.  Andrew discussed the three components to the overview process:  elements, topic areas, and timeline.  We are not able to do work required of an architect or contractor, so City will need to contract that out.  Implementation is the best component of any mater plan.  Typically this is a year process but I am planning year and half since in house.  We would like to try to get an intern for next summer to assist but no guarantee.  Commissioner Fairbanks asked, when we get to point we need to hire architect, since our budget has been cut so much, where will money come from?  Commissioner Garcia stated, Darin Neufeld indicated there are grants available for services, but that is a good question.  Commissioner Fairbanks stated, we recently took everything out of budget so am curious where we would get money to pay for service.  Commissioner Garcia stated, we can also ask for assistance from Foundation.  Andrew stated, that is a question I cannot answer at this point.  We will try to do as much in house to keep costs down but that would be a discussion we need to have when looking at services.  Vice-Mayor Brumbaugh stated, by discussion it appears we are concentrating on streets and landscaping.  We give many incentives to businesses along I-70 and I feel we should look at Main Street in same manner.  Andrew stated, that is part of process, what we can offer different businesses to rehabilitate and increase business.  That information will come out of public workshops.  Commissioner Garcia stated, we replaced the twelve will get you six incentive program with a new program.  Andrew stated, that was with Topside Aquatics where we gave electricity at cost.  Vice-Mayor Brumbaugh stated, that pails with incentives offered interstate businesses and we want to promote getting business downtown.  There will have to be a threshold for us.  Andrew stated, we need to remember that is not City’s responsibility, they need to use IRB’s and other instruments for large investments.  Vice-Mayor stated, we need to be creative to encourage growth downtown.


Mayor Linin reported to meeting.


Vice-Mayor stated, the question is with tight budget how we fund formal drawings for the plan.  Mayor Linin stated, it would be nice to stimulate growth downtown.  At what point would we need the architect?  Andrew stated, would need to have imagery of plan at middle to end of process, following input from public.  Mayor Linin stated, this is economic development so we can use some line items there.  It is a long time from now and depends where budget it, we may need to take a look at budget and cut ineffective programs or ask for a mill levy to help fund.  Commissioner Garcia stated, a lot of this can be done in house to avoid costs.  We replaced incentive program on electricity and Darin indicated there are State grants or we could ask for Dane Hansen grants.  There are ways to formulate it.  Vice-Mayor Brumbaugh stated, it is a good question.  Mayor Linin stated, there could be a tradeoff where we may use the college for layout and design work at a decreased cost.  The drawback there is inexperience with architect work.  There are alternatives and we can evaluate at that time.  I like the idea of master plan and how we develop areas in the City.  Vice-Mayor Brumbaugh stated, a timeline is good to work by.  Mayor Linin stated, I do not know a good plan to ensure the majority of our citizens respond to plan.  Andrew stated, we have to use all approaches but there is not a perfect answer.  There has to be willingness from public to be engaged and participate.  Mayor Linin stated, I like idea and moving forward to try to get a plan with public input.  Consensus of Commission is to proceed with project.



  1. City Manager – 1. Brick Street is moving forward, have final walk through on project tomorrow.  Contractor has until September 11th to complete punch list and get street open.  2. Street contractor is pouring last main pour on Sherman Street tomorrow and will open street in two weeks.  They will close 25th Street and begin removal work next week and remain there until mid to late October.  We have decided to delay work on 15th Street until spring.    Dispatch work is progressing, hope to have a walk through during joint meeting September 30th4. We are doing some improvements to the front façade of 1008 Main and replacing the back door to make it more appealing.  5.  Met with Sunflower Electric, they are replacing City’s GOAB structure which was damaged six years ago by tornado.  This is basically our connection to outside world.  Work will begin in February, complete in March, requiring City to generate some during construction.  6.  Suzanne, Rich and I had meeting with KDOT regarding entrance access for 24/7.  It was not going anywhere to get access closer to interchange.  KDOT has purchased access control there and will not give up.  They did agree to widen existing drive fifteen feet.  Mayor Linin asked, did they indicate why will not allow?  It is our community.  Andrew stated, KDOT is by the book and will not deviate because it is their highway.  Mayor Linin asked, what will they do if new business comes in on little property strip by ramp?  Andrew stated, KDOT would require a frontage road.  24/7 is looking at moving forward and working with Gilmore Bell on financing instruments.  He has a lead on food franchise.  7.  Work has finished at fire training facility.  8.  Signage is installed at police department.  The Law Enforcement Torch Run and Truck Convoy is Saturday, would like to encourage Commission participation.  Joni stated, run begins at 10:00 a.m. followed by BBQ, the truck convoy at 3:00 p.m.  9.  We have begun work at Holiday Inn Express on frontage road.  10.  The sand volleyball court is getting used a lot with positive feedback.
    11.  Joint City/County Commission meeting is scheduled for September 30th at 7:30 a.m. at Wolak Building.  If there are agenda items you want addressed let me know.  Mayor Linin stated, I would like to see cooperation with CVB.  Andrew stated, at last County Commission meeting they had a resolution to raise bed tax from 3% to 5% but did not take action as want specific purpose if raise tax.  Vice-Mayor Brumbaugh stated, there are things I would like to see done using that money, like projects at ball fields and around community that would promote people coming to stay in our community for events.  I feel then you would have something to show for it, right now have nothing to show for it.  Andrew stated, that is a question at County Attorney’s office.  The County Commission talked about raising tax for an event center but County Attorney is reviewing how money can be spent.  Commissioner Garcia stated, I spoke with one of County Commissioner’s that felt could use money for that, but CVB Board legislates what is done.  Mayor Linin stated, I have looked into funding mechanisms over the years.  CVB is administered by Department of Commerce and there are rules how money is used.  Ultimately it is up to County but if spent in CVB name it should be for travel and tourism with intention to put heads in beds.  Statutes are pretty lenient if you can show increase in travel and tourism.  Just have to know whether Board is willing to do it.  County does not want to increase tax for no specific purpose because they will grow into the budget.  Vice-Mayor Brumbaugh stated, I feel we are missing a huge opportunity if we can utilize funds.  Commissioner Fairbanks stated, the Board decides how money is spent.  We asked for funds in past to help refurbish VanGogh painting and were told that is not what they do, yet they promote City using the VanGogh.  Their job is to promote the City at conferences to increase travel and tourism.  Mayor Linin stated, the County’s position is not to increase unless look at utilizing dollars to help community.  All three entities could be more efficient if rolled together.  Commissioner Fairbanks stated, we have discussed this with them.  Vice-Mayor Brumbaugh stated, I feel we should have a broader conversation on CVB with have Donna present to discuss funding specific projects to benefit community and increase travel and tourism.  I am willing to keep trying; we need to have conversations especially if there is talk to increase tax.  Mayor Linin asked, do we have steps need to take on consolidation items?  We took step with fire but do we need to go further?  Andrew stated, I understand City and County Attorneys are working on merger document.  The City has everything ready from our side but we do not know where County stands.  They should be taking the lead since looking at fire being a County function.  Commissioner Garcia stated, we need to indicate we need timeline to make this happen since City is going under County roof.
  2. Director of Public Works: Rich Simon – Rich stated, first part of summer we developed a leak in baby pool so not used efficiently.  We found and fixed leak and have been able to run through cycles but found another pipe broken.  We do not believe pool has settled but unsure what caused leaks.  All leaks are fixed but concrete patches have not been replaced.  We are now ready to drain pool then will fix concrete here and other places that have settled later. All departments have been busy with projects.  We put up equipment for Schlosser Memorial, benches and a batting cage at four-plex for GAC.   Also put benches in Rosewood Park and tables at Chambers Park that are getting a lot of use.  Both pickle ball courts are getting used daily.  All departments helped with the sand volleyball court.  We have planted trees at Dog Park and installed sprinklers, meter and drip line for trees at VanGogh.  The Little Libraries are getting utilized.  In the Water Department we have had thirty-five leaks since Memorial Day on old line.  We have installed numerous new and updated services around town.  We have been working to stay ahead of contractor for Holiday Inn Express project.  The street crew has replaced concrete around town and worked on numerous projects like Dog Park, chip seal, asphalt patches and milled off a portion of the new road County is putting in by Frontier.   Before harvest we would like to mill on east side also but trying to stay ahead of contractor at hotel.  It has been a busy summer.  We have a couple school zones that we need to repaint.  Andrew stated, we are having issues at Dog Park with people driving up to entrance of park so we put up temporary cones and tape until we get a permanent fix.
  3. Commissioners

Vice-Mayor Brumbaugh – 1.  At County Commission meeting did they discuss the 4 mills for Topside Manor?  Andrew stated, yes it is in discussion stage.  Issue will not be on ballet this fall but they are researching options.

Commissioner Schields – 1.  I want to thank all department heads for their reports, information is very informative.

Commissioner Fairbanks – 1.  Thanks for facilitating pipes in Dog Park.  2.  I appreciate what departments do, they do good work.

Commissioner Garcia – 1.  Echo Commissioner Schields comments.  2.  It is good to see City trying to work with County to combine efforts.

  1. Mayor – 1. When Pioneer Park was full, I had request to keep water in it.  Andrew Brunner stated, we are looking into options to pump water to keep it flowing and looking into method to seal bottom to see if can keep water in it, but cannot flood other areas.  Mayor Linin stated, it would be nice to have a feature there.  Where does water flow?  Rich stated, behind Dog Park and Bill’s Shooting Shop, down 19th Street, then north and east.



  1. Under the authority of KSA 75-4319 (b)(1) for personnel matters for nonelected personnel – Vice-Mayor Brumbaugh made a motion at 6:15 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 twenty-five minutes.   I request the Commission and City Manager be present.  Commissioner Garcia seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 6:40 p.m.  Vice-Mayor Brumbaugh made a second motion at 6:40 p.m. to recess into executive session under authority of K.S.A.75-4319 (b) (1) for personnel matters for nonelected personnel not to exceed five minutes.   I request the Commission and City Manager be present.  Commissioner Garcia seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 6:45 p.m.  Vice-Mayor Brumbaugh made a third motion at 6:45 p.m. to recess into executive session under authority of K.S.A.75-4319 (b) (1) for personnel matters for nonelected personnel not to exceed five minutes.  I request the Commission and City Manager be present.  Commissioner Garcia seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 6:50 p.m.  Vice-Mayor Brumbaugh made a fourth motion at 6:50 p.m. to recess into executive session under authority of K.S.A.75-4319 (b) (1) for personnel matters for nonelected personnel not to exceed five minutes.  I request the Commission and City Manager be present.  Commissioner Garcia seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 6:55 p.m.


ADJOURNMENT WAS HAD ON A MOTION Mayor Linin seconded by Commissioner Garcia.  Motion carried by unanimous VOTE, meeting adjourned at 6:55 p.m.  Next meeting is scheduled for September 16, 2019.  Next Joint Commission meeting is scheduled for September 30, 2019.







ATTEST:                                                                               Jay Dee Brumbaugh, Vice-Mayor





Mary P. Volk, City Clerk