October 21, 2019 City Commission Minutes

October 21, 2019 City Commission Minutes

October 21, 2019 City Commission Minutes

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Regular Meeting


October 21, 2019                                                                                                                   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 Jacque Schields responding to roll call.


Also present were Dustin Bedore – Director of Electric Utilities, Joni Showalter-Police Chief, Suzanne McClure – Economic Development Director, Sami Philbrick – Museum Director, Mary Volk – City Clerk, and Andrew Finzen – City Manager.


Mayor Linin led Pledge of Allegiance



  1. Kelly Rippe citizen stated, I wanted to make you aware the corn piles around town are causing poor air quality, especially for individuals with asthma. It is also causing damage to 17th Street where the trucks have completely tore up street.  Scoular is not generating tax revenue for the community.  Employees have to wear masks and my office is right across the street, what am I supposed to do.  The piles bring a lot of nasty dirt and bugs; I would like to see this addressed.



  1. Pioneer Park Drainage Pond Evaluation – Andrew Brunner, EBH Engineer stated, earlier this year when Pioneer Park was full of water, citizens wondered if the City could use the area as a pond.  Currently, once the retention pond fills the sump pump kicks in to drain water behind gun shop through the ditch to 19th Street, down to Eustis, making way over to 18th Street ditch.   When pond is full it accounts for a twenty-five year event.  If you filled the pond for recreational purposes you have to address pump so that the flow in equals flow out.  Majority of water in pond drains from south of Highway 24, from as far south as Arby’s. The intersection of Highways 24 and 27 ponds water to help the drainage situation.  To use as a recreational pond you will have to have new piping to ensure proper flow and purchase larger pumps to ensure 100% rain drainage flows out immediately to prevent flooding south of Highway 24.  If we send too much water north too quick, the 18th Street ditch will be over loaded.  Currently the water is slowed down before it gets to the 18th Street ditch.  To keep the pond functioning as a full recreational lake the City would have to supplement through the water system or purchase a new well.  With evaporation from April through September, you would need an average of 50,000 gallons per month.  There will also be additional electrical costs and maintenance.  With the larger pump and piping, the ditches will need to be redone to handle water flow.  Estimating costs to setup as a recreational pond are $300,000 to $400,000 for the pumps and a minimum of $50,000 for additional piping.  To assist minimizing water loss you would need to seal pond for an estimated cost of $50,000.  Without doing a survey I do not know what will be required for ditch work.  The larger pumps will cause issues downstream and smaller pumps cause issues prior to pond.  The current setup is working properly.  Commissioner Fairbanks stated, so if we want a recreational pond, it is cost prohibitive.  Andrew Brunner stated, yes it requires reverse engineering.  It is a great idea, but is cost prohibitive.  Commissioner Fairbanks stated, it does not seem feasible to jump into this project with costs when we have other projects we need to address and money is tight.



  1. 10/07/19 Commission Meeting Minutes
  2. 10/08/19 Joint Commission Meeting Minutes
  3. Appropriation Ordinances: 2019-20, 2019-20A, and 2019-P20

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



  1. Resolution 1554: Setting a Public Hearing Date for Consideration of a Community Improvement District – Suzanne stated, Mark Augustine, owner of Triplett, 24/7 signed and submitted petition creating an improvement district. This resolution sets a public hearing to create district for 24/7.  He is asking for a 2% sales tax for property in the district, which he owns 100%.  Two week publication is required to set hearing on district.  Kevin Cowan from Gilmore & Bell will take care of publication requirements.  Hearing is scheduled for November 18, 2019.  Project costs are estimated at $4,955,000 with pay as you go financing.  Estimated payout to petitioner for district is $1,000,000.  Sales tax is proposed to commence January 1, 2021 and continue for twenty-two years.  The new building will have 8100 square feet, 6,000 for travel store and rest for food establishment.  He is not ready to release name of food establishment yet.  Mayor Linin asked, what is the estimated sales tax revenue that will be generated?  Suzanne stated, he is estimating $1,000,000 over twenty-two years.  Mayor Linin asked, where did they come up with time frame of twenty-two years?  Suzanne stated, I believe it is maximum allowed by statute.  An improvement district can be used for many different projects in business districts.  ON A MOTION by Commissioner Fairbanks to approve Resolution 1554: Setting a Public Hearing Date for Consideration of a Community Improvement District seconded by Commissioner Garcia.  MOTION carried on a VOTE of 5-0.
  2. Resolution 1555: Determining the Advisability of Issuing Industrial Revenue Bonds for the 24/7 Travel Store – Kelly Rippe asked, is the property to north of 24/7 for sale?  Suzanne stated, I believe it is.  Kelly asked, if it sells would it be subject to CID also?  Suzanne stated, yes it is like CID at Comfort Inn, any business in district is subject to CID requirements.  This resolution is for an IRB taxable revenue bond.  This is only for tax exemption on building materials because he is applying for NRP and cannot get property tax abatement on both programs. There will be additional paperwork to issue IRB, but this is different from IRB used by Holiday Inn Express.  This issue will not require hearing because it is taxable.  Mayor Linin stated, like any IRB, the City is only a conduit for the issue.  Andrew stated, with state statute, the nature of this project requires this type of IRB.  Commissioner Garcia stated, this is a benefit to tax payers as it does not cost them anything, there is only an increase in sales tax for people purchasing from businesses in district.  Suzanne stated, it is fantastic for developer if they can finance project.  Vice-Mayor Brumbaugh asked, is there a minimum project cost for a CID project?  Andrew stated, I do not believe there is as the road at Arby’s was done with a CID and costs were only $250,000.  ON A MOTION by Vice-Mayor Brumbaugh to approve Resolution 1555: Determining the Advisability of Issuing Industrial Revenue Bonds for the 24/7 Travel Store seconded by Commissioner Schields.  MOTION carried on a VOTE of 5-0.



  1. Stop Sign on Eustis Avenue – Andrew stated, Vice-Mayor Brumbaugh asked for this item to be on agenda.  I also have received comments on it and thought about it myself.  Residents are asking because vehicles are driving down 7th Street to access property used by college for agriculture program.  Vice-Mayor Brumbaugh stated, residents using Eustis meet college students accessing college property without stopping and have had near miss accidents.  Mayor Linin stated, this is for stop sign on 7th Street going east as traffic coming west from property is not issue.  Andrew stated, Chief Showalter said there have been no accidents in a year but fewer uncontrolled intersections are better.  Commissioner Fairbanks asked, is this a blind corner?  Andrew stated, yes it is.  Mayor Linin asked, have we checked with residence on corner? Might touch base with them, they will probably be in favor of it.  Andrew stated, I have noticed past Commissions approved stop signs by resolution.  I will reach out to property owner and bring resolution to next meeting.
  2. Road Closure Permits/Parking – Andrew stated, we are receiving a lot of requests for road closures and it is a loose process without any guidance in code.  I felt that we needed to discuss process and how it should happen with timing as these are public assets.  Commissioner Fairbanks asked, so we have no guidelines?  Andrew stated, that is correct and rolled into that are parking issues.  This came to light with homecoming parade and closures requested by alumni and school.  We received unfavorable public feedback so I would like feedback from Commission to make process cleaner.  Commissioner Fairbanks stated, the homecoming parade was at 2:00 p.m. but we closed streets off at 7:30 a.m. which seems a bit extreme.  Andrew stated, yes for three blocks.  Commissioner Fairbanks stated, we cannot wait to the last minute but need to look at timing. I received a good suggestion from a merchant to close one side or other depending on time of year so they can stand in suitable weather, instead of closing off both sides.  There are a lot of elderly people that watch parade from car so this might work out better.  I understand merchants request as you do not want to block streets off all day.  Mayor Linin asked, why did we not allow parking?  Andrew stated, they wanted an area for students to have that is free from vehicles.  In past they had near misses with children running out between vehicles.  Commissioner Fairbanks stated, this is not an issue unless parade is in afternoon, most are evening parades.  If they want parade in middle of day we need to figure something out.  Commissioner Schields stated, I also had someone make same suggestion to me to block one side of street, it makes sense.  Commissioner Fairbanks stated, it may be harder to patrol but once the public understands it would be clear.  Andrew stated, my question is this issue administration or is it policy?  I signed off on plan for homecoming because when we discussed with Alumni Association I did not feel it was a big deal.  Commissioner Fairbanks stated, I feel this is an administration call, you live and learn.  I feel that is why we hire you.  Vice-Mayor Brumbaugh asked, the closer we can place barricades to Main Street the better because some people cannot physically walk a block.  Andrew asked, does the Commission agree for us to put a policy together to make it more functional?  The idea is to get a process for a parade and post notice so we can engage tow companies if necessary.  Vice-Mayor Brumbaugh stated, I am leery utilizing towing services for a parade.  Commissioner Fairbanks stated, I agree not a good idea if give notice.  Mayor Linin stated, if we do not have a way to enforce we cannot tow.  Commissioner Garcia stated, I received many calls from merchants and citizens; there is something to be said about the saying, we have always done it this way.  If cars do not park on Main Street, it will not prohibit the children from running in the street.  Towing is expensive.  Mayor Linin stated, I like our community because we know most people and can do things that cannot be done in city.  We are flexible.  It is a great public service to be able to close the road but I understand it puts staff in an odd position.  Vice-Mayor Brumbaugh stated, start with a policy but make it simple.  Commissioner Fairbanks stated, I think we should use the merchant suggestion to close only one side of the street.  Just because we have always done it that way, does not mean its right.  I would like to see us meet half way.  Commissioner Garcia stated, I do not feel we will receive a lot of feedback if parades are later as it does not interfere with commerce.  Andrew stated, I will bring back some framework for discussion at next meeting.



  1. City Manager – 1. Contractor completed final pour on 25th Street last Thursday.  They anticipate street to be open Friday, then will clean up and return next spring to finish project.  2. They anticipate dispatch center will be complete by next meeting.  There are two offices that will require additional work but will be complete in month or month and half.  We will then be able to see the operations.    We received a $3,200 grant for Santa School House this year.  Jessica and Suzanne have scheduled live reindeer and their trainers for November 30th and December 1st at Santa’s School House.  The Christmas Parade is scheduled for November 23rd4.  Candidate forum is scheduled for October 29th from 6:00 to 8:00 p.m. at High School Auditorium.  Commissioner Fairbanks asked, will it be streamed live?  Andrew stated, yes on Chamber of Commerce Facebook page.  People who attend can ask candidates questions.   5.  The trail project is out for bid.  Bid opening is on the 12th then approval by Commission at November 18th meeting.
  2. Museum Director – Sami stated, year to date we have had 3,262 visitors through our doors which includes tours.  We currently have the quilt exhibit which has thirty-four quilts made locally. Imagination playground will start November 15th and run through the winter.  We purchased a new medium set of blocks, which were used at Customer Appreciation.    Doug Whitson donated his Kidder Massacre collection which were are putting on display.  This winter we will schedule a program.  We will have trick or treat from 3:00 to 6:00 at museum.  The Board has been researching to update the façade.  We are getting close to bringing ideas before the Commission.  Mayor Linin asked, how do visitors compare to past years?  Sami stated, they are up from 2015 but we had a lot of school groups for K is for Kansas exhibit in January.  I feel overall it is fairly steady from most years.
  3. Commissioners

Vice-Mayor Brumbaugh – 1. No Report   

Commissioner Fairbanks – 1.  Thank you to the Park’s Department for tying down the culverts in Dog Park with the winds.

Commissioner Garcia – 1.  I was contacted by a County Commissioner about next joint meeting.  They felt October 30th or November 5th.  They would like to continue discussion on fire merger and CVB/Chamber of Commerce/Economic Development.  Andrew asked, does City Commission agree?  I understood last meeting they wanted to wait until we got more information back on fire merger.  Vice-Mayor Brumbaugh stated, our part is done, information is with the attorney’s.  Commissioner Garcia asked, what is Jake waiting on?  Andrew stated, the attorneys are waiting on County inventory listing.  Brian has City inventory list complete.  Then the attorneys will work on information sent them and bring questions back to City and County Commission.  Mayor Linin asked how equipment is split; do you think it split equal?  Andrew stated, may be 60/40 with county being 60%, but that is a guess.

Commissioner Schields – 1.  Thank Suzanne for work on 24/7 project and getting reindeer for Santa School House.  Mayor Linin asked, are they moving forward with plan?  Suzanne stated, yes a complete tear down and rebuild.  Vice-Mayor Brumbaugh stated, I am anxious to hear what the food establishment is.  Andrew stated, this is huge for our community and a testament for Suzanne and the work of Commission for being pro-business.

  1. Mayor No Report


ADJOURNMENT WAS HAD ON A MOTION Commissioner Garcia seconded by Commissioner Schields.  Motion carried by unanimous VOTE, meeting adjourned at 6:05 p.m.  Next meeting is scheduled for November 4, 2019.





ATTEST:                                                                               Brian Linin, Mayor




Mary P. Volk, City Clerk