November 21, 2016 Commission Minutes

GOODLAND CITY COMMISSION

Regular Meeting

 

November 21, 2016                                                                                                                     5:00 P.M.

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

 

Also present were Joshua Jordan – IT Director, Rich Simon – Director of Public Works, Dustin Bedore – Director of Electric Utilities, Joni Showalter-Police Chief, Suzanne McClure – Economic Development Director, Alex Weis – Code Enforcement, Brian James – Fire Chief, Mary Volk – City Clerk, LeAnn Taylor – Municipal Court Clerk/Judge, Sami Philbrick – Museum Director and Jake Kling – City Attorney.

 

Vice-Mayor Fairbanks led Pledge of Allegiance

 

PUBLIC HEARING

 

PUBLIC COMMENT

 

CONSENT AGENDA

  1. 11/07/16 Commission Meeting Minutes
  2. 11/14/16 Special Commission Meeting Minutes
  3. Appropriation Ordinances 2016-22, 2016-22A, and 2016-P22

ON A MOTION by Commissioner Garcia to approve Consent Agenda seconded by Commissioner Farris.  MOTION carried on a VOTE of 3-0.

 

ORDINANCES

 

RESOLUTIONS

 

FORMAL ACTIONS

  1. Unfit Structure: 408 W. 6thAlex stated, they have taken out two trees, finished roof and worked on soffit.  Vice-Mayor Fairbanks stated, I went by house today and it looks deplorable, worse than ever.  If we are going to work with them they have to work with us. We have asked them to clean up yard and they have not.  I feel we have given ample time to improve and make property livable; we should be done with property.  Commissioner Farris stated, I feel we messed up when we let them start on mess.  Vice-Mayor Fairbanks stated, I agree but we cannot back pedal.  Commissioner Garcia asked, if we decide to be done, can they drag us into a legal matter to will drag it out?  Jake stated, I have no doubt we have taken right steps but how long they can drag it out is a tough question.  Commissioner Garcia stated, previously we had owners that delayed a property and cost City money.  Vice-Mayor Fairbanks stated, I do not feel they have made a good faith effort.  Commissioner Garcia asked, when was last contact with property owners.  Alex stated, Brian and I did walk through last Wednesday.  Brian stated, when we did walk through we advised them they need to get the outside cleaned up and it will be a different property.  They are doing good proceeding on code violations on the structure but they have so much junk.  What about proceeding through Municipal Court to clean yard up?  If they do not get it done, they are assessed fines, especially if the City has to clean it up.  Vice-Mayor Fairbanks stated, we have a responsibility for the citizens; the neighbors are frustrated.  They ask a lot of us and all we are asking from them is to clean up yard which they have not done.  They know we will give them thirty more days and to me this needs to end.  We need to move forward to force cleanup.  Brian stated, they are doing good on getting structure in compliance; the Commission has done less for other properties.  The City needs to be consistent on the properties but the yard needs to be addressed.  They said they would have it cleaned up by weekend and see significant improvement but there has been none.  We have given them ample time so we need to hand over to Jake and have the court to go over what needs to be done.  Jake stated, the Commission needs to be consistent and give property owners notice.  In Municipal Court the fines have to be assessed to the individual not the property.  Brian stated, they have a code issue with flue pipe going up the side of house which I addressed with them.  Leann stated, having the court proceed with the yard does not address code violations.  Vice-Mayor Fairbanks stated, I agree but we need to address the yard and we have not seen any progress.  I feel we have responsibility to the neighbor’s.  Commissioner Garcia asked, why can Brian or Alex not write letter to expedite progress or further action?  Brian stated, we do send a letter, had one today on another property.  We do not have authority to tell them to clean it up now, we can only issue the letter.  It is up to the Commission to take the next step.  Jake stated, it appears past practice was to have Code Enforcement Officer get property owners to comply to avoid going to court, but on this property the Commission has been working with property owner.  Policy has been to stay away from Municipal Court if Commission is working with property owner.  Brian stated, I feel they are making progress on code violations at a slow pace.  The roof is done, most windows are done, except from hail damage, and they are working on front porch.  They have a plan for the foundation, which I am not sure will work but they are moving forward at this point on the structure.  ON A MOTION by Commissioner Garcia to table the structure on this property for code violations until the second meeting in December seconded by Commissioner Farris.  MOTION carried on a VOTE of 3-0.
  2. Butterfly Aviation 2016 Hangar Lease – Mary stated, this lease replaces existing lease to revise size of land leased by Butterfly for the hangar extension. All language in the lease is the same except the land size is extended five feet for the building extension.  The termination date on the lease is in line with the termination date of the FBO Agreement.  Commissioner Garcia stated, the lease states $500,000 in liability insurance when we normally require $1,000,000.  Mary stated, the reason is that was the limit in the existing lease and we only changed the size of land in lease.  ON A MOTION by Commissioner Garcia to approve the Hangar Lease with Butterfly Aviation seconded by Commissioner Farris.  MOTION carried on a VOTE of 3-0.
  3. MAN, LLC 2016 Hangar Lease – Mary stated, this lease replaces existing lease to revise size of land leased by MAN, LLC with the hangar extension for Butterfly Aviation. All language in the lease is the same except the land size is decreased five feet for the building extension.  The termination dates are the same as the dates in the current hangar agreement.  Parties from MAN, LLC have signed the lease and letter. ON A MOTION by Commissioner Garcia to approve the Hangar Lease with MAN, LLC seconded by Commissioner Farris.  MOTION carried on a VOTE of 3-0.
  4. Cell Phone Policy – Mary stated, the Public Works Director and Director of Electric Utilities currently have a cell phone but the City does not have a policy in place. This puts a policy in place for use of City cell phones.  There is also a policy for Full Time Police Officers to be able to carry a phone, but their phone is handled different because of the information that may be on the phone.  Their policy is for the phones to be used only in the performance of their job duties.  ON A MOTION by Commissioner Garcia to approve the Cell Phone policy for the Public Works Director and Director of Electric Utilities seconded by Commissioner Farris.  MOTION carried on a VOTE of 3-0.  ON A MOTION by Commissioner Garcia to approve the Cell Phone policy for Full Time Sworn Police Officers seconded by Commissioner Farris.  MOTION carried on a VOTE of 3-0.

 

DISCUSSION ITEMS

 

CORRESPONDENCE

 

MAYOR AND COMMISSION REPORTS

  1. Commissioner Reports

Commissioner Mai – 1.  Absent, No Report

Commissioner Farris – 1.  No Report

Vice-Mayor Fairbanks – 1.  The 2016 annual meeting for Northwest Kansas Planning and Development Commission is December 6th in Hill City if anyone is interested.  2.  Local government day in Topeka is January 25th if anyone is interested.

Commissioner Garcia – 1.  At corner by Art Center there is no parking on one side that needs to be marked better as there have been a couple accidents at this location.

  1. Mayors Report   Absent, No Report

 

EXECUTIVE SESSIONS

  1. Executive Session – Under authority K.S.A. 75-4319 (b)(1) for a preliminary discussion relating to personnel matters for nonelected personnel – Vice-Mayor Fairbanks made a motion at 5:33 p.m. to recess into executive session under authority of K.S.A. 75-4319 (b)(1) for personnel matters of nonelected personnel not to exceed fifteen minutes. I request only the Commission be present.  Commissioner Farris seconded the motion.   MOTION carried by a VOTE of 3 to 0.  Meeting resumed at 5:48 p.m.

 

ON A MOTION by Commissioner Garcia to hire Andrew Finzen as City Manager subject to the terms of the contract to be negotiated seconded by Commissioner Farris.  MOTION carried on a VOTE of 3-0.

 

ADJOURNMENT WAS HAD ON A MOTION Commissioner Garcia seconded by Commissioner Farris.  Motion carried by unanimous VOTE, meeting Adjourned at 5:50 p.m.

 

 

 

 

_____________________________

ATTEST:                                                                               Annette Fairbanks, Vice-Mayor

 

 

 

_______________________

Mary P. Volk, City Clerk