December 7, 2015 Commission Minutes

GOODLAND CITY COMMISSION

Regular Meeting

 

December 7, 2015                                                                                                                         5:00 P.M.

Meeting was called to order by Vice-Mayor Annette Fairbanks with Commissioner Gary Farris, Commissioner Gwen Mai and Commissioner John Garcia responding to roll call.  Mayor Brian Linin was reported absent.

 

Also present were Rich Simon – Director of Public Works, Dustin Bedore – Director of Public Utilities, Joni Showalter-Police Chief, Suzanne McClure – Economic Development Director, Alex Weis – Code Enforcement, Mary Volk – City Clerk, and Gerry Bieker – City Manager. 

 

Vice-Mayor Fairbanks led Pledge of Allegiance

 

PUBLIC HEARING

 

PUBLIC COMMENT

 

CONSENT AGENDA

  1. 11/16/15 Commission Meeting Minutes
  2. Appropriation Ordinances , 2015-23, 2015-23A, 2015-23B, 2015-P23 and 2015-P23A

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

 

REPORTS

  1. Police Chief – Joni Showalter – Joni gave the Commission a brief update on the recent traffic pursuit through City.  Joni stated, with the number of citizens following pursuit we felt our priority was to protect property and life.  Gerry stated, I feel the Commission needed to hear directly from Joni why the Police Department backed off of pursuit because there are a number of rumors going around town.

 

FORMAL ACTIONS

  1. Approval of GAC Contract – Gerry stated, the contract expires December 31, 2015. Tess Smith, GAC Director and I agreed to a two year contract that renews annually.  The GAC is interested in continuing the program.  There is a ninety day notification period to terminate contract.  ON A MOTION by Commissioner Garcia to approve the GAC contract seconded by Commissioner Mai.  MOTION carried on a VOTE of 4-0.
  2. Approval of Waterline Improvements 2015 Phase 1-Change Order #1 – Mike Younger, EBH Engineer stated, the project bids came in favorably for City and EBH was able to work with APAC to add Kansas Street from 10th to 17th Street to their contract. The change order is in the amount of $329,988.  Adding this change order to the original project bid, the total project is approximately $12,650 below the engineer estimate for phase 1 of project.  We held the pre-construction meeting today and the contractor plans to begin project February 1, 2016, depending upon weather.  Commissioner Mai asked, how long do you anticipate project to take?  Mike stated, phase 1 was 270 days then add 45 days with Kansas Street change order.  New contract price is $1,685,325.  ON A MOTION by Commissioner Mai to approve Change Order #1 on Waterline Improvements project seconded by Commissioner Garcia.  MOTION carried on a VOTE of 4-0.
  3. Approval of Certificate of Completion for Sewer Headwork Improvements – Mike stated, APAC has completed work at Sewer Plant and it is functioning well. There were no changes to bid price and the project went well.  APAC completed project November 20, 2015 and City has a one year warranty with contractor.  Gerry stated, Staff recommends approval of Certificate of Completion.  ON A MOTION by Commissioner Garcia to approve Certificate of Completion for Sewer Headwork Improvements project seconded by Commissioner Farris.  MOTION carried on a VOTE of 4-0.
  4. Approval of APAC-Sewer Headwork Final Pay Request – Mike stated, this request is in conjunction with Certificate of Completion which reflects final retention amounts of APAC contract in the amount of $38,910.08. ON A MOTION by Commissioner Mai to approve APAC Final Pay Request on Sewer Headwork project seconded by Commissioner Garcia.  MOTION carried on a VOTE of 4-0.

 

ORDINANCES

  1. Ordinance 1686: Planning Commission – Gerry stated, City Attorney needs to be present for discussion so we need to discuss item later on agenda, as Jerry had a conflict at 5:00 p.m.

 

RESOLUTIONS

  1. Resolution 1462: IRP – Gerry stated, even though WAPA is a small amount of power for the City, we are required to review our Integrated Resource Plan (IRP) on an annual basis then update the plan every five years. In the review we are required to look at our system and how the City proceeds with improvements.  ON A MOTION by Commissioner Garcia to approve Resolution 1462: IRP seconded by Commissioner Mai.  MOTION carried on a VOTE of 4-0.
  2. Resolution 1463: Unfit Structure 120 Walnut – Gerry stated, the next four resolutions pertain to nuisance structures so the City can start process on properties in 2016.  The resolutions schedule a date for a public hearing where the property owners may discuss their intentions for the property with the Commission. Alex stated, this resolution is for 120 Walnut; the property has been in Municipal Court to try getting it cleaned up.  The electric and water utilities are on but property is unoccupied.  ON A MOTION by Commissioner Garcia to approve Resolution 1463: Unfit Structure 120 Walnut seconded by Commissioner Mai.  MOTION carried on a VOTE of 4-0.
  3. Resolution 1464: Unfit Structure 316 E. 2ndAlex stated, this property has been open for some time.  ON A MOTION by Commissioner Mai to approve Resolution 1464: Unfit Structure 316 E. 2nd seconded by Commissioner Garcia. MOTION carried on a VOTE of 4-0.
  4. Resolution 1465: Unfit Structure 515 W. 9thAlex stated, this structure was involved in arson over a year ago and has sat like this since the fire.  ON A MOTION by Commissioner Mai to approve Resolution 1465: Unfit Structure 515 W. 9th seconded by Commissioner Garcia. Commissioner Farris asked, has anyone talked to the property owner on property?  Alex stated, no, this is first step of process.  MOTION carried on a VOTE of 3-1 with Commissioner Farris casting the dissenting vote.
  5. Resolution 1466: Unfit Structure 408 W. 6thAlex stated, this structure is occupied and we have received many complaints on property. This has also been in Municipal Court twice to clean up property.  You can see daylight from the inside of the house.   ON A MOTION by Commissioner Garcia to approve Resolution 1466: Unfit Structure 408 W. 6th seconded by Commissioner Mai. 

 

Jerry Fairbanks reported to the meeting. 

 

MOTION carried on a VOTE of 4-0.

  1. Resolution 1467: Approval of Interlocal Agreement for Communications Center – Joni stated, this is the agreement between the City and County with regards to dispatch services.  The County made a few changes which were approved by City Manager and City Attorney. Commissioner Garcia asked, has communication between departments improved?  Gerry stated, I believe so; this sets the structure up so communications will improve.  Joni stated, this should make the entities more cohesive.  Gerry stated the agreement has been approved and signed by County Commission.    ON A MOTION by Commissioner Mai to approve Resolution 1467: Interlocal Agreement for Communications Center seconded by Commissioner Garcia.  MOTION carried on a VOTE of 4-0.

 

ORDINANCES (Cont.)

  1. Ordinance 1686: Planning Commission (Cont.) – Gerry stated, I asked Jerry to provide information on this ordinance to set out Planning Commission.  Jerry stated, Statute gives the City the ability to zone three miles outside city limits when there is no county zoning.  Legislation does not mandate City zoning but gives City a right to say what goes in within three miles of City if County has no zoning.  Sherman County does not have zoning.  The City had this in the past but relinquished and feel the City should have the ability if a business comes in within the three mile limit to ensure they comply with City zoning.  The Statute has always existed; it is not for the City to control what comes in but to make sure any structures added comply with City regulations to protect our citizens.  With this direction, the Planning Commission will be a seven member board which includes two from the county that have voting rights.  Gerry stated, our intention is definitely not to apply City zoning to three mile radius, but the right to protect our citizens if need arises.  Commissioner Mai asked, would the county positions be required to live within three mile radius?  Gerry stated, it is however the Commission wants to format the board; it would be better if representation could be county wide.  If the Commission agrees to go this direction we will bring ordinance for review.  Commissioner Farris stated, in the past citizens were upset when trying to do county wide zoning.  Gerry stated, we need to be clear this is not county wide zoning, we are only interested in protecting the city if need arises within three mile radius.  Consensus of Commission is proceed with ordinance.

 

Mayor Linin reported to meeting.

 

DISCUSSION ITEMS

 

CORRESPONDENCE

  1. City Managers Report- 1. There is a letter in your packet to inform Commission that we are applying for transportation grant again.  2. I have enclosed a board listing as requested.    Time has passed so the Slusher law suit is done.  4. City Staff is having Staff Development afternoon of December 21 so except emergency services, all City services will be shut down at noon.  5.  We received our BCBS renewal information and we are looking at a substantial increase so you will be getting information as we look at options.  We intend to include city personnel on discussions.  6. I received November fund balance numbers and the numbers look good.  7.  We need to schedule a retreat for Commission after first of year to discuss priorities and direction Commission would like City to go.  8. In the appropriation ordinance was the final payment to Hutton Construction for their contract amount on event center.  Is there any interest in going another direction on center or do you just want to pay it and be done?  Mayor Linin stated, I feel we need to discuss options; I do not want to spend a lot of time and effort on it but I have heard a lot of information since the election and would like to look at options.  I feel we need to close the loop or discuss options.  Vice-Mayor Fairbanks stated, there are key players in community that should be in on discussion.  We may not go any further but need to discuss it.  Commissioner Mai stated, I agree.  Commissioner Farris stated, I feel we need to bury the whole thing and mend the bridges everyone burned trying to get it passed.  Commissioner Garcia stated, the people spoke loudly in the vote but it does not mean we cannot look at other venues, maybe send out a questionnaire in our newsletter.  Mayor Linin stated, I agree they spoke loudly but I have had numerous people talk to me about having it available again for a vote.  There is no value in pointing blame or dividing our community, but I want to discuss the ideas that have been brought up and see if there is something that needs to be looked at.  Vice-Mayor Fairbanks stated, communication is a good thing, there has been no recap on project.  Gerry stated, ultimately the payment brings up the discussion.  Commission consensus is to make payment and set a time for discussion on center.  Mayor Linin stated, I am not opposed to adding the discussion to a short agenda or doing a work session.  I do not want a debate of what is right or wrong but what we want to do, the issue is not resolved.  Commissioner Garcia stated, just a simple question in the newsletter as to whether they are willing to pursue other options.  Commissioner Farris stated, the only thing out here to get people off interstate is a casino so we need to keep asking the State for one.  Commissioner Mai stated, I recommend we have discussion after the first of year.  Gerry stated, we will research and see if Joshua Jordan can put a link on our website for a survey.  We just feel we need to wrap it up or determine where going.  9.  We are looking at some unique stuff for the Armory that we will have the Commission review.

 

MAYOR AND COMMISSION REPORTS

  1. Commissioner Reports

Commissioner Mai – 1.  Thanks to the individuals involved with Kansas Governor’s Ringneck Classic; the event really highlighted Sherman County and our community.  Mayor Linin stated, I heard the Governor and his staff were impressed with what our community did.  Gerry stated, Suzanne did a lot of work on the event.  Vice-Mayor Fairbanks stated, I agree, it brought a lot of people to our community.

Commissioner Farris – 1.  Asked Staff a few questions pertaining to items in the appropriation ordinance.

Vice-Mayor Fairbanks – 1.  I would like to thank staff that decorated our community; it looks nice and know it takes a lot of work.

Commissioner Garcia – 1.  Echo Commissioner Mai comments. 

  1. Mayors Report No Report 

 

EXECUTIVE SESSIONS

  1. Under the authority of KSA 75-4319 (b)(1) for personnel matters for nonelected personnel – Vice-Mayor Fairbanks made a motion at 6:00 p.m. to recess into executive session under authority of K.S.A. 75-4319 (b)(1) for personnel matters for nonelected personnel for fifteen minutes. I request the Commission, Gerry, and Jerry be present.  Commissioner Garcia seconded the motion.   MOTION carried by a VOTE of 5 to 0.  Meeting resumed at 6:15 p.m.    

 

ADJOURNMENT WAS HAD ON a MOTION by Mayor Linin seconded by Commissioner Garcia.  Motion carried by unanimous VOTE, meeting Adjourned at 6:15 p.m.

 

 

 

 

_____________________________

ATTEST:                                                                                Annette Fairbanks, Vice-Mayor

 

 

 

_______________________

Mary P. Volk, City Clerk