August 1, 2016 Commission Minutes

GOODLAND CITY COMMISSION

Regular Meeting

 

August 1, 2016                                                                                                                                  5:00 P.M.

Meeting was called to order by Mayor Brian Linin 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, Dustin Bedore – Director of Electric Utilities, Joni Showalter-Police Chief, Alex Weis – Code Enforcement, Jake Kling – City Attorney, LeAnn Taylor – Municipal Court Judge, Mary Volk – City Clerk, and Gerry Bieker – City Manager. 

 

Mayor Linin led Pledge of Allegiance

 

PUBLIC COMMENT

  1. Lincoln Wilson and Brent Woods presented a report from 2015 Flatlander Festival and a preview for 2016 event.  The committee presented a comparison of 2007 and 2015 events.  Lincoln stated, we started Picnic in the Park in 2005; the shelter will be a good addition.  Our event in 2015 was one of our best events in parks.  For 2016 festival we are asking for continued City support with street closures, park, personnel, trash containers, and of course a monetary donation.  This year we are requesting $5,500. Mayor Linin stated, we have $2,500 in budget and I believe the City will continue supporting the event as before.  Commissioner Garcia asked, how are vendor rates set?  Lincoln stated, we have charged $150 per vendor booth the last two years.  If we increase price the vendors are concerned whether the weather will hold up.  Commission thanked Lincoln and Brent for presentation.

 

CONSENT AGENDA

  1. 07/18/16 Commission Meeting Minutes
  2. 07/25/16 Special Commission Meeting Minutes
  3. 07/26/16 Special Commission Meeting Minutes
  4. Appropriation Ordinances, 2016-15, 2016-16A, and 2016-P06

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

 

ORDINANCES

  1. Ordinance 1693: UTV & MUT’s – Gerry stated, we feel this is the final ordinance that includes items discussed. It has been reviewed by the City Attorney.  Jake stated, the concerns discussed in Section 2 requiring a valid driver’s license and 18-year age requirement are not restrictions in ordinances for other cities, but like ours a helmet is required.  My feeling is you can include age restriction in ordinance.  It is done with motorcycles in State of Kansas, where restriction is age 17.  Gerry stated, we added an effective date of January 1, 2017 to allow time for police department to ensure permit process is in place.  Vice-Mayor Fairbanks stated, I feel we need to discuss registration fee, $25 seems low.  Mayor Linin stated, I have talked to people interested in vehicles and they are willing to pay higher a registration fee.  They even mentioned $200 which I think is high; maybe $100 or $150.  Vice-Mayor Fairbanks stated, I feel for work involved, $25 is very minimal.  Gerry stated, Garden City has fee of $25 with no annual renewal.  Commissioner Farris stated, $25 does not seem unreasonable at all.  Vice-Mayor Fairbanks stated, there is work involved in issuing registration and I feel if they can afford the vehicle they would be willing to pay a little higher registration fee.  Gerry stated, there is no reason we decided on $25.  We felt that other than first year, the fee would cover cost.  It is whatever the Commission chooses.  Mayor Linin asked, is there any way we can simplify the ordinance rather than define each vehicle?  Gerry stated, concern was it would open the ordinance up too much so felt we should clarify vehicles.  Joni talked to me earlier and she was comfortable with ordinance if it is want the commission wants.  If she had a choice she would rather not allow them.  Jake stated, there is a lot more to this ordinance with documentation for registration and enforcing age restrictions; the officers will have to be more diligent with enforcement.  From prosecution standpoint there is a lot to enforcing these vehicles.  Gerry stated, those were Joni’s concerns but she knows there are a lot of people that would like to have the vehicles.  Mayor Linin stated, that is my reason to have a little higher registration fee.  I am not sure it is right but I would rather they pay the fee and be legal than to be stopped and pay a fee.  Commissioner Mai stated, we have put a lot of work into this ordinance and have done a lot of research.  I feel it should be approved as presented.  ON A MOTION by Commissioner Mai to approve Ordinance 1693: UTV & MUT’s seconded by Commissioner Garcia.  MOTION carried on a VOTE of 4-1 with Vice-Mayor Fairbanks casting the dissenting vote.
  2. Ordinance 1694: Standard Traffic Ordinance – LeAnn informed the Commission of changes in Standard Traffic Ordinance. ON A MOTION by Commissioner Garcia to approve Ordinance 1694: Standard Traffic Ordinance seconded by Commissioner Mai.  MOTION carried on a VOTE of 5-0. 
  3. Ordinance 1695: Uniform Public Offense Code – LeAnn informed the Commission of changes in Uniform Public Offense Code. ON A MOTION by Vice-Mayor Fairbanks to approve Ordinance 1695: Uniform Public Offense Code seconded by Commissioner Mai.  MOTION carried on a VOTE of 5-0. 
  4. Ordinance 1696: Court Costs – LeAnn stated, court costs are set by ordinance and in 2008 the City increased the cost to $60. The State continues to chip away at the City portion of the fee.  Effective July 1 the State added another $2.50 to their share.  Looking at court cost across the State, the average for the 161 cities that submitted information is $69.61.  We are recommending increasing cost to $70, but it is the Commission’s decision.  We just want to ensure Commission is aware of costs.  Gerry stated, when the State increases their fees, they whittle away at local share.  Commissioner Farris stated, I do not feel $70 is unreasonable.  Commissioner Garcia stated, I feel we just need to adjust the cost to $70.  ON A MOTION by Commissioner Garcia to approve Ordinance 1696: Court Costs seconded by Commissioner Farris.  MOTION carried on a VOTE of 5-0. 
  5. Ordinance 1697: Self Insurance Fund – Gerry stated, when the City renewed insurance we went back through records and there is no document creating Self Insurance Fund so this ordinance creates the fund.  ON A MOTION by Commissioner Mai to approve Ordinance 1697: Self Insurance Fund seconded by Vice-Mayor Fairbanks. MOTION carried on a VOTE of 5-0. 

 

RESOLUTIONS

  1. Resolution 1484: 2017 Budget – Gerry stated, this resolution sets out what Commission approved in Special Meeting Tuesday.  Resolution is required because of increase in revenue with valuation.  ON A MOTION by Commissioner Mai to approve Resolution 1484: 2017 Budget seconded by Commissioner Garcia. MOTION carried on a VOTE of 5-0. 

 

FORMAL ACTIONS

  1. Approval of Appointment of Mary Yanez to Goodland Housing Authority – Gerry stated, Bradley Dennis resigned from the Housing Authority Board; they are recommending the appointment of Mary Yanez.  ON A MOTION by Commissioner Garcia to approve the appointment of Mary Yanez to Goodland Housing Authority Board seconded by Commissioner Farris. MOTION carried on a VOTE of 5-0.   
  2. Approval of Request for Payment#1: CDBG Funds-Storm Shelters – Corrina Cox form Northwest Kansas Planning and Development Commission stated, this request is for CDBG funds in the amount of $56,630; the architect has approved payment to Miller Construction. The project has 180 calendar days from May to complete.    ON A MOTION by Commissioner Garcia to approve request for payment #1 of CDBG Funds in the amount of $56,630 seconded by Commissioner Farris.  MOTION carried on a VOTE of 5-0.
  3. Approval of Demolition Bid for 415 Sherman Avenue – Gerry stated, two bids for demolition were received for 415 Sherman Avenue. Bids are Goody’s for $6,311 and B & K Pumping for $6,475; we recommend the low bid from Goody’s.  ON A MOTION by Commissioner Mai to approve the bid for demolition for 415 Sherman Avenue from Goody’s in the amount of $6,311 seconded by Vice-Mayor Fairbanks.  MOTION carried on a VOTE of 5-0.  
  4. Approval of Pest Extermination Bed for 415 Sherman Avenue – Gerry stated, there are pest issues with the property that we need to address before demolition.  We received two bids: Pest Away in the amount of $98 and Tri-State Exterminating in the amount of $350.  Joe Heskett from Tri-State Exterminating stated, I examined property and there are both rodents and roaches that need addressed.  I have had a similar situation in past and learned that I need to do prevention for neighbor’s.  I spoke with neighbor’s who are concerned with an infestation so we will apply a barrier around property to protect the neighbor to north or south.  Richard Winter from Pest Away stated, I will do the same thing; spraying a perimeter to stop them from going elsewhere.  If there is mice or rats need to board up broken window on house to prevent cats from getting in.  I will do the same thing that I did for the City on the Caldwell address and the City did not have problems with property.  Vice-Mayor Fairbanks stated, the bid request is for perimeter of property which Richard’s bid includes. ON A MOTION by Vice-Mayor Fairbanks to approve the bid from Pest Away in the amount of $98 for extermination of 415 Sherman Avenue seconded by Commissioner Mai.  MOTION carried on a VOTE of 5-0. 
  5. Approval of Waterline Improvements 2015 Phase I Pay Request #5: APAC – Gerry stated, pay request has been approved by engineer and retainer has been reduced to 5% because of project status.  Rich stated, project is moving ahead and there are no problems.  ON A MOTION by Commissioner Mai to approve Pay Request #5: APAC Phase I Waterline Improvements in the amount of $184,390.80 seconded by Commissioner Garcia. MOTION carried on a VOTE of 5-0. 
  6. Approval of Osenbaugh Consulting Contract-City Manager Search – Mayor Linin stated, the contract spells out fee and agreement details and has been reviewed by Jake.  We have scheduled a Commission Meeting to meet with Don Osenbaugh on August 9, 2016 at 5:00 p.m.  ON A MOTION by Vice-Mayor Fairbanks to approve Contract with Osenbaugh Consulting seconded by Commissioner Mai.  MOTION carried on a VOTE of 5-0. 
  7. Sub-Standard Housing – 419 East 4th – Gerry stated, hopefully the sub-stand housing issue is being addressed. The City was called on this property to help address the situation.  We are asking no action at this time to let property owner continue to address.  Leila Leiker citizen stated, my father has a contract to sell property so he has not been in property for two years.  He felt the people dealing with problem were not giving him answers when he has the house under contract.  He felt he was being pushed around.  Gerry stated, it was a serious situation with the condition of property and I apologize as that was the intent.  Alex stated, I am trying to get it addressed by the property owner.

 

DISCUSSION ITEMS

  1. Property at Industrial Park – Frontier Ag Inc. – Mayor Linin excused himself from the meeting because this item pertains to my place of employment. Gerry stated, Brad Cowan from Frontier Ag contacted me because Frontier Ag is interested in purchasing first four lots in Industrial Park.  These are the lots they previously leased for a grain bunker but this time they would like to purchase.  I discussed the agreement we had when CPS purchased lots and Brad felt that was a reasonable price so I would like to see what the Commission’s thoughts are on the lots.  With Frontier’s business expanding to Sunflowers I feel it is a good position for City.  Vice-Mayor Fairbanks stated, our goal is to get something in those lots.  Gerry stated, if Commission is interested in proposal we will have Brad give a presentation next meeting.  Consensus of Commission is to proceed on project.  Mayor Linin reported back to meeting.

 

CORRESPONDENCE

  1. City Managers Report- 1. The Commission received a copy of the letter the City received from Julie McCauley.  The Commission needs to be aware that Ryan McClung from Nex-Tech checked frequency and visited with them; they appear to feel more comfortable.  They are just requesting a 6′ fence along their property line.  Mayor Linin asked, what about equipment they requested?  Gerry stated, Ryan said he would come out and check the frequency for her so I do not feel it would be necessary.  2. O’Reilly’s is proceeding.  When they started project, they asked for some trees to be removed.  I indicated if it was a reasonable request, it would not be denied.    Shelter is going up, ran into snag with screws but it is resolved.  Commissioner Mai asked, will the fence come down once shelter is up?  Gerry stated, yes once it is up.  4. Sporer’s will be scheduling a pre-construction meeting within next week for 19th Street Project.  5.  EBH should have information to Commission on second phase of water project soon.  6.  We have asked EBH to prepare a street project proposal for the Commission to review since the current bonding pays out in 2017.  7.  The revised Personnel Handbook is on Google Drive for Commission to review for approval at August 15, 2016 meeting.  It has been reviewed by department heads and attorney so feel it is a good document.  The attorney recommends it be reviewed annually.

 

MAYOR AND COMMISSION REPORTS

  1. Commissioner Reports

Commissioner Mai – 1.  Will the Christmas lights on buildings downtown be on for reunion?  Dustin stated, yes that is the plan.

Commissioner Farris – 1.  No Report 

Vice-Mayor Fairbanks – 1.  I had a gentleman tell me the lights are not working on Renner Field sign if staff can check on them. 

Commissioner Garcia – 1.  Off Exit 17 and 19 the weeds are getting high, who is responsible for mowing them?  Gerry stated, the City has been and they need to be addressed.  Commissioner Mai stated, I feel like there has been more trash along Highway 27 from I-70 to Highway 24.  Mayor linin stated, I would like to see it mowed before reunion.  2. Mexico 3 has asked why their security lights cannot get fixed.  Mary stated, I believe they need to come in and sign an agreement to have them on. 

  1. Mayors Report – As a reminder we have a special meeting August 9th at 5:00 p.m. with Osenbaugh Consulting.  I would like to include Gerry and Mary on meeting.  2.  As a reminder there is a reception for Gerry on August 18th from 1:30-3:30 p.m. here in the Commission room. 

 

EXECUTIVE SESSIONS

 

ADJOURNMENT WAS HAD ON A MOTION Vice-Mayor Fairbanks seconded by Commissioner Mai.  Motion carried by unanimous VOTE, meeting Adjourned at 6:25 p.m.

 

 

 

 

_____________________________

ATTEST:                                                                                Brian Linin, Mayor

 

 

 

_______________________

Mary P. Volk, City Clerk