April 17, 2017 Commission Minutes

GOODLAND CITY COMMISSION

Regular Meeting

 

April 17, 2017                                                                                                                                        5:00 P.M.

Mayor Brian Linin called the meeting to order with Vice-Mayor Annette Fairbanks, Commissioner Gary Farris, Commissioner Gwen Mai and Commissioner John Garcia responding to roll call.

 

Also present were Rich Simon – Director of Public Works, Joni Showalter-Police Chief, Suzanne McClure – Economic Development Director, Alex Weis – Code Enforcement, Mary Volk – City Clerk, Andrew Finzen – City Manager and Jake Kling – City Attorney.

 

Mayor Linin led Pledge of Allegiance

 

PUBLIC COMMENT

 

CONSENT AGENDA

1. 04/03/17 Commission Meeting Minutes
2. 04/10/17 Special Joint Meeting Minutes
3. Appropriation Ordinances, 2017-08, 2017-08A, and 2017-P08

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

 

ORDINANCES AND RESOLUTIONS

1. Resolution 1501: Unfit Structure 104 College – Andrew stated, the following resolutions represent formal action of decisions made at April 3 meeting. At 104 College the structure has been removed from property, so unfit structure does not exist.  There are still code enforcement issues but no structure so I recommend the Commission not approve Resolution 1501.  Alex showed Commission pictures of property.  Alex stated, the property owners have been good to work with.  ON A MOTION by Vice-Mayor Fairbanks not to approve Resolution 1501: Unfit Structure 104 College seconded by Commissioner Garcia.  MOTION carried on a VOTE of 5-0.
2. Resolution 1502: Unfit Structure 602 Clark – Andrew stated, property owner is working toward making improvements. They anticipate receiving siding in two weeks.  I recommend approving resolution to give property owner thirty days.  ON A MOTION by Commissioner Mai to approve Resolution 1502: Unfit Structure 602 Clark seconded by Vice-Mayor Fairbanks.  MOTION carried on a VOTE of 5-0.
3. Resolution 1503: Unfit Structure 1619 Kansas – Andrew stated, there has been moderate outside improvement and Alex had the opportunity to tour inside of property.  I recommend approving resolution to give property owner thirty days. Commissioner Garcia asked, individuals working on  property are not the owners?  Alex stated, yes but property owner has been contacted.  I spoke with Jake.  His concern is that Commission gave individuals permission to go on property to make improvements when they are not owners.  Andrew stated, his concern is City liability and safety for group on property with City’s approval to make improvements to property.  If approve resolution, the Commission is designating structure as unfit and give property owner thirty days to make improvements.  If the private individuals go on property, that is private agreement between them and owner.  We have sent owners notice, but have had no contact to date.  Vice-Mayor Garcia stated, we are only giving property owners permission; the individuals need to get permission from property owner.  Andrew stated, that is correct, resolution is for property owners.   ON A MOTION by Vice-Mayor Fairbanks to approve Resolution 1503: Unfit Structure 1619 Kansas giving property owner thirty days to bring structure in compliance seconded by Commissioner Mai.  MOTION carried on a VOTE of 5-0.
4. Resolution 1504: Unfit Structure 1529 Broadway – Andrew stated, this is one property Commission discussed to expedite bidding process for demolition.  We will proceed in that manner when thirty-day period expires if there has been no improvement to property.  ON A MOTION by Commissioner Garcia to approve Resolution 1504: Unfit Structure 1529 Broadway seconded by Vice-Mayor Fairbanks. MOTION carried on a VOTE of 5-0.
5. Resolution 1505: Unfit Structure 1008 Main – Andrew stated, Commission discussed property with owner via telephone during meeting.  Mayor Linin asked, has there been any contact since?  Alex stated, no contact from property owner.  Commissioner Garcia asked, what did owner agree to have for us by this meeting?  Mayor Linin stated, he agreed to have bids for roof repair and be in communication with Alex.  Vice-Mayor Fairbanks stated, when there is a lack of communication, you know there will be no improvement made.  Mayor Linin stated, this property has been on unfit structure list before.  ON A MOTION by Vice-Mayor Fairbanks to approve Resolution 1505: Unfit Structure 1008 Main seconded by Commissioner Mai. MOTION carried on a VOTE of 5-0.
6. Resolution 1506: Unfit Structure 811 E. Hwy 24 – Andrew stated, there has been no contact with property owner or improvements to property.  Commission discussed putting this property out for demolition bid to determine cost. We will proceed in same manner as Resolution 1504.  Commissioner Garcia asked, does Mortgage Company get a copy of the resolution?  Alex stated, yes all interested parties will receive a copy of signed resolution.  ON A MOTION by Commissioner Garcia to approve Resolution 1506: Unfit Structure 811 E. Hwy 24 seconded by Commissioner Farris.  MOTION carried on a VOTE of 5-0.

 

BOARD AND COMMISSION APPOINTMENTS

1. Library Board – Andrew stated, Karen Gillihan, Librarian, recommended the reappointment of Marlene Whiteker, Sharon Gregory and Heather Evert and the appointment of Lindsey Emig to the Library Board. ON A MOTION by Commissioner Garcia to approve reappointment of Marlene Whiteker, Sharon Gregory and Heather Evert and the appointment of Lindsey Emig to the Library Board for four-year terms seconded by Commissioner Farris.  MOTION carried on a VOTE of 5-0.
2. City Commission – ON A MOTION by Commissioner Mai to nominate Mayor Linin as Mayor for another term seconded by Vice-Mayor Fairbanks. MOTION carried on a VOTE of 4-0, with Mayor Linin abstaining from vote.  ON A MOTION by Commissioner Mai to nominate Vice-Mayor Fairbanks as Vice-Mayor for another term seconded by Commissioner Farris.  ON A MOTION by Commissioner Garcia to nominate Commissioner Mai as Vice-Mayor.  Commissioner Mai, stated, thanks, but I gracefully decline nomination. Original MOTION by Commissioner Mai to nominate Vice-Mayor Fairbanks as Vice-Mayor for another term carried on a VOTE of 4-1 with Commissioner Garcia casting the dissenting vote.  Mary administered the Oath of Office to Mayor Linin and Vice-Mayor Fairbanks.

 

FORMAL ACTIONS

1. Bid Award: Street Department Truck – Andrew stated, we received bids for a One-Ton Service Truck for the Street Department. Apparent low bid is Vince’s GM Center from Burlington for $38,323.56; however, bid from Dan Brenner Ford was $38,975.90 which falls within Commission’s past practice to award local bid if within 10%.  Rich has reviewed bids and specifications and feels comfortable with either truck.  This truck will replace 1997 Ford with high mileage that we will continue to use until out of service.  We recommend local bid from Dan Brenner Ford for $38,975.90.  ON A MOTION by Commissioner Garcia to approve the bid from Dan Brenner Ford for $38,975.90 for a One-Ton Service Truck seconded by Commissioner Farris.  Commissioner Mai asked, is there reason we cannot bid a used truck?  Rich stated, it is hard for dealers to bid used One-Ton Service Truck and match apples to apples plus we get government discount on new vehicle.  Andrew stated, we bid used when we can, but with this type of truck we feel better to bid new.  Mayor Linin asked, the bids were for crew and regular cab truck is regular cab truck what we need?  Rich stated, yes I cannot justify use of crew cab truck.  Mayor Linin asked, will the current truck last much longer?  Rich stated, it is the oldest truck we have; we will continue to use until it stops running.  MOTION carried on a VOTE of 5-0. 
2. Bid Award: Contract Mowing – Andrew stated, I apologize for delay in getting information to Commission but I wanted to give bidders enough time to bid, yet approve bids at meeting tonight.  We received three bids as follows: Brett Berringer $20 per hour, Travis Jones $20 per hour and Nancy Gilmer $26 per hour.  The bid accepted last year was Gilmer for $26 per hour.  We recommend one of the low bids at $20.  Commissioner Mai asked, how many hours were billed last year.  Alex stated, 330 hours so the difference between low and high bid is about $2,000.  Vice-Mayor Fairbanks stated, I know Berringer has the equipment because he does the cemetery, does Jones have adequate equipment?  Alex stated, Travis Jones has satisfactory equipment list.  Vice-Mayor Fairbanks stated, Nancy has done a good job and takes pride in her work, unfortunately, we have lower bids.  Commissioner Mai asked, would mixing equipment on these properties with the cemetery be an issue?  Mayor Linin stated, Berringer’s spray cemetery so would create more work for them if it were a problem.  Does everyone that bid know hours needed for work?  Alex stated, yes, Brett has even visited with me about hours required.  Travis mows for a living so he would be able to do work.  Commissioner Garcia stated, I agree with Vice-Mayor Fairbanks.  It is a tough decision when bids are different.  ON A MOTION by Commissioner Garcia to award the bid for contract mowing to Brett Berringer for $20 per hour seconded by Commissioner Mai.  MOTION carried on a VOTE of 5-0.
3. Lease Extension: Police Unit – Andrew stated, this is an extension of equipment lease with BANKWEST for acquisition of new police unit to replace unit totaled in hailstorm.  This extends existing lease one year in amount of $32,592.28 with same interest rate and a title fee of $2.50.  Commissioner Garcia asked, when would lease expire? Mary stated, this extends lease to January 2019.  Mayor Linin asked, what unit was totaled in storm?  Joni stated, it was the older car we were going to switch out on next equipment change.  ON A MOTION by Commissioner Mai to extend lease for new police unit until January 2019 seconded by Vice-Mayor Fairbanks.  MOTION carried on a VOTE of 5-0.

 

DISCUSSION ITEMS

1. Main Avenue Planters-Jessica Cole – Andrew stated, Jessica applied for Community Foundation grant for the planters using City as conduit.  Currently an old golf cart with small water tank is used to water flowers; process takes about one and one half hours.  Andrew stated, Suzanne and I had a discussion with Jessica to submit the application for a new water cart and flowers. We discussed taking the project a step further in using a seasonal employee to water planter’s during the week.  The Foundation awarded a $1,500 grant to pay for flowers.  They did not approve upgrading equipment.  I feel we need to discuss because her project should be an act the City is responsible for in future years.  We do not have money in budget to buy a cart but want to get it in budget.  Jessica stated, this is the seventh year for the planters.  I want to thank Suzanne and Andrew; the City did not have any skin in game until now.  We have many volunteers that help but eventually need help to keep it going.  Mayor Linin asked, what is the cost for the cart?  Andrew stated $7,500 for used cart then $1,000 for tank and pump.  Suzanne stated, Karla and Chris Thompson help the Coles with the project but are moving.  They will still need volunteers on weekend.  Vice-Mayor Fairbanks asked, what is the status of donation money in the budget?  Mary stated, applications were reviewed during the 2017 budget process to determine which donations to include in budget.  We need to begin process for 2018.  Andrew stated, we could do a better job promoting donations for beautification expenses.  Jessica stated, it costs approximately $1,500 per year for flowers so we have them covered this year.  We also take care of the Welcome to Goodland planter, which we are happy to do but feel should be City responsibility.  Commissioner Mai asked, is the City willing to water planters this year?  Andrew stated, we are willing to donate a seasonal employee to utilize their cart and ease burden for volunteers if they would like.  Vice-Mayor Fairbanks asked, Rich are you comfortable we will be able to water planters?  Rich stated, as long as I get summer help hired, but we will have to get a tank.  Jessica stated, I will staff volunteers on weekends.  Commissioner Mai asked, could we use the 1997 Ford pickup for this since it has a flatbed?  Andrew stated, our concern is a truck on Main Street watering the flowers, the cart is easier and feel is ideal.  Commissioner Garcia stated, I appreciate what you and the volunteers have done.  Jessica thanked Commission for listening.
2. Potential Land Annexation – Andrew stated, we have ran into issues updating signage with KDOT right of way north of Highway 24/27 intersection due to changes in KDOT regulations. All KDOT right of way is part of county and we cannot replace signage outside City limits.  If we annex right of way there is no change as still State highway but allows us to place signage in right of way and apply for additional grant funding.  Staff recommends annexation and we spoke with county to ensure they have no issue with plan.  Next step is formal annexation documentation if that is consensus of Commission.  Mayor Linin asked, does the area include right of way north of railroad tracks to Eighth Street?  Andrew stated, we could go as far as Commission would like.  Mayor Linin asked, does that obligate us to mowing the area?  Andrew stated, we mow area now but State maintains the highway.  The directional signage will need revised if we do not annex right of way.  We are also reviewing annexation of another property behind the Holiday Inn Express as cannot build a City street on property without going outside City limits.  There are two options we are reviewing; annex the sixty-foot strip for the road or include the entire piece of property.  Mayor Linin asked, what will it take to annex the piece of property.  Andrew stated, we would need consent of County, City and owner, which is Prairiesky.  Right now, Doug Irvin agrees to annex the sixty-foot strip but still discussing the entire parcel.  We are discussing property with Doug, but these is no timeline on development at this time.  Mayor Linin asked, could a road go that close to detention pond?  Adam stated, the detention pond is on edge.  Andrew stated, we want to have Commission input on issue to determine if we want to proceed.  Commissioner Garcia asked, is the intention of City to acquire more than sixty-foot strip?  City has no responsibility with development through CID that is property owner’s responsibility.  Andrew stated, the street is critical to annex but felt logical to annex entire piece of property.  Mayor Linin stated, if we move street west then there is room on other side of street for development.  Adam stated, would be beneficial for Doug to include property in annexation to have a CID project.  Jake stated, in annexation the City is not acquiring property; only moving City limit line.  An easement is different as it is buying the right to use property.  Adam stated, I understand Doug does not want to pay tax on detention pond so we would have to look at options to relieve tax burden.  Mayor Linin asked, could we annex property without tax implications unless developed?  Jake stated, I do not feel you can.  Mayor Linin stated, I feel Commission is open to what needs to be done to promote development but need to see what Doug would like to do.  Andrew stated, we have started discussions with him but wanted to get input from Commission.  Consensus of Commission is for Staff to proceed to fix City boundary for future development.  Commissioner Mai stated, please ensure maintain contact with landowner.
3. Grant Application Process – Andrew stated, I would like to continue discussion on potential issues of the City being used as a conduit for organizations to apply for Foundation grant funds.  I feel this puts City in a bad position.  I feel a couple solutions are to refer organization to another entity, like Chamber of Commerce, or allow application but stipulate that matching funds are responsibility of organization named on application. Vice-Mayor Fairbanks stated, this started out as a good idea and a way for the organization to apply for grant funds but it presents difficult situation with the budget that we try to avoid.  I feel we should ask the organization to go through another entity because of the perception that the City is responsible for match money.  Andrew stated, the projects are good which makes it difficult.  Commissioner Garcia stated, as discussed last meeting, City should be conduit if project is City function, but if not, advise organization they are responsible for matching funds.  Mayor Linin stated, unfortunately people think City can make up difference but our reserves are allocated to projects.  Vice-Mayor Fairbanks stated, we ask departments to cut budgets and I feel this puts us in bad place.  There is an amount set aside in budget for donations, when money is gone, it is gone.  Commissioner Mai stated, our funds have been allocated in budget.  Mayor Linin stated, I feel if not under City umbrella, they should go through another conduit to apply for funds.

 

CORRESPONDENCE

1. City Managers Report- 1. Joint NRP meeting scheduled for Thursday April 20 at 7:00 a.m. at Wolak Building.  2. We have a number of projects ongoing such as updated signage, City Office sign, working on foundation so airport fire building can be moved mid-May, Main Street Brick project and Phase II Waterlines.  City was awarded KDHE Waste Tire Grant in amount of $2,217 for six picnic tables to be used at Chamber and Steever Parks.  Matching funds are available in CIRF.

 

MAYOR AND COMMISSION REPORTS

1. Commissioner Reports

Commissioner Mai – 1.  Commend everyone on efforts to work with County Commission and School Board; everyone is working together.  2. How did County Commission vote on revising NRP?  Andrew stated, they do not want to make it formal until Attorney General approves Interlocal Agreement.  Only way to amend plan is unanimous approval from all three entities.  Mayor Linin stated, but they have shown willingness when Attorney General approves agreement.  I wonder if Senator Billinger can assist with approval.  Suzanne stated, James Foster is also researching if we can have plan effective on retroactive date.  We have several projects waiting for approval.

Commissioner Farris – 1.  No Report

Vice-Mayor Fairbanks – 1.  No Report

Commissioner Garcia – 1.  No Report

1. Mayors Report – Remind everyone of meeting Thursday.

 

EXECUTIVE SESSIONS

 

ADJOURNMENT WAS HAD ON A MOTION Commissioner Garcia seconded by Commissioner Mai.  Motion carried by unanimous VOTE, meeting Adjourned at 6:30 p.m.

 

 

 

 

_____________________________

ATTEST:                                                                                Brian Linin, Mayor

 

 

 

_______________________

Mary P. Volk, City Clerk