GOODLAND CITY COMMISSION
September 5, 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, and Andrew Finzen – City Manager.
Mayor Linin led Pledge of Allegiance
- Unfit Structure: 1601 Kansas Avenue – Mayor Linin opened public hearing at 5:00 p.m. Gloria Callaway representing Mary Delano, property owner stated, we have discussed property with the City Manager and This structure is unfit for anyone to live in and Mary is asking City to condemn property. We will demolish property at no cost to City. Gloria had pictures of property to show Commission. The roof has a hole and is about to cave in. Owner previously had tenants in house that destroyed structure. Commissioner Garcia asked, Mary do you agree with condemning structure? Mary stated, yes. Vice-Mayor Fairbanks asked, is there a reason you are asking City to condemn structure? Gloria stated, Mary lost her Social Security because they considered this structure an asset for her, which you can tell it is not. The best thing is to get structure torn down as she has no money to bring it to code. Andrew stated, Staff agrees structure meets requirement of an unfit structure. It was not inhabited so it did not make our priority list. However, if they make arrangements for demolition at no cost to the City I do not see problem proceeding with condemning property. With owner’s permission, City addresses an unfit structure at no expense to City. Mayor Linin closed hearing at 5:06 p.m.
- Curtis Hurd public citizen stated, I would like to thank Commission for work on nuisance property, wish it could carry over to dead trees. I am concerned about junk yards in Goodland, there are too many in town. I feel we can close up the view of these areas by requiring them to put up a fence. Why can it not be done in Goodland? I do not want to close the business, just improve the view. There is not an entrance to Goodland that does not go by a junk yard. It has been this way for years. Specific locations I am concerned with are 17th and Caldwell, east of Pizza Hut, West 17th, West 10th has a fence but junk is outside fence, two blocks west of Pizza Hut, and corner of 17th and Cherry. Appreciate Commission looking into at issue. A nuisance property that needs to be on list is 1405 College, the roof is about to cave in and front porch is falling off. I appreciate what Gloria is doing. Mayor Linin asked, are those properties on our list? If not we need to add any that are not. Alex stated, we will be talking about them tonight.
- Mary Pat Bowman public citizen stated, I have been toying with the idea of Dog Park. Colby has one and not sure how to go about getting one in Goodland. Vice-Mayor Fairbanks stated, this has been on list to consider for years, not only for citizens but also travelers. We have a lot of people visit VanGogh that have a dog. It has been considered; we are hoping to expand on Dog Park in low lying area across from VanGogh. It has been discussed but with budget cuts it has not been addressed. There has been work on grants to finish enhancements in that area but not sure when going to happen. It is nice to know there is support from community. Commissioner Garcia stated, there is interest from an anonymous individual wanting to donate land that could be used for this, so work is in motion. Susan Thorpe, visitor from Tucson, AZ stated, I have talked to quite a few people in town that like idea and are enthusiastic about it. I do not feel it will cost much money, need a fence and water spot.
- SCCF: Strategic Doing – Cora house Chairman Sherman County Community Foundation stated, we invited Betty Johnson to Goodland for Strategic Doing, Thursday September 14th at Elks Lodge 5:30 to 8:00 p.m. We need people to bring ideas. Hanson Foundation has paid what she needs to do presentation for twenty-six county area served. These meetings will continue as the Foundation has stated if we complete Strategic Doing, our community will receive $400,000 over next 4 years for grants to 501 C-3 organizations in county. It is a win-win for City and County to come together. There is no limit on project size, we will find money.
- Flatlander Festival – No one present for presentation.
- 08/21/17 Commission Meeting Minutes
- Appropriation Ordinances, 2017-17, 2017-17A, and 2017-P17
ON A MOTION by Commissioner Garcia to approve Consent Agenda seconded by Commissioner Mai. MOTION carried on a VOTE of 5-0.
ORDINANCES AND RESOLUTIONS
- Resolution 1511: GAAP Waiver – Andrew stated, this is a housekeeping item passed annually to exempt City from GAAP, allowing us to work under cash basis. ON A MOTION by Commissioner Garcia to approve Resolution 1511: GAAP Waiver seconded by Vice-Mayor Fairbanks. MOTION carried on a VOTE of 5-0.
- Resolution 1512: Unfit Structure 1601 Kansas – Andrew stated, resolution designates structure as unfit and allows property owner thirty days to bring property to code. ON A MOTION by Vice-Mayor Fairbanks to approve Resolution 1512: Unfit Structure 1601 Kansas seconded by Commissioner Mai. MOTION carried on a VOTE of 5-0.
- Bid Award: 1619 Kansas – Andrew stated, the City held bid opening for demolition of property; however, David Roeder and Tohnna Thompson are in audience to discuss property. Tohnna stated, we obtained real estate power of attorney for property and bill of sale on property which has been turned in to City Manager. We located the owner and have one payment to finalize transaction. The City Manager has documents. Andrew stated, our attorney has recommended item be tabled until next meeting to discuss property later in meeting. ON A MOTION by Vice-Mayor Fairbanks to table discussion of property at 1619 Kansas until the next meeting seconded by Commissioner Mai. Tohnna asked, does this lift the order allowing us to be able to work on property? Andrew stated, if item is tabled, everything stays as is. We will continue to work with them if they need something or need in property. I do not recommend anything be done to property. Commissioner Farris stated, if they went to the work to get paperwork I feel they can have control of property. Vice-Mayor Fairbanks stated, I disagree since they do not have a deed to property. Commissioner Farris stated, they are trying even though a deed is not filed at Register of Deeds Office. Andrew stated, I recommend table item and address in closed session. MOTION carried on a VOTE of 5-0.
- Unfit Structure: 811 E Hwy 24 – Andrew stated, this item was tabled at our last meeting to discuss property with Rich. I do not have an estimated cost for demolition as contractors contacted want to bid on demolition. We talked about doing demolition in house but Rich does not have time. When project is contracted out, City has liability removed. Rich stated, we do not have equipment and it will take my crews off other projects. My main concern is time and equipment causing us to neglect other work. Commissioner Garcia stated, very simple, it removes any liability from us. Andrew stated, in discussing with attorney, we need to take property off nuisance list and address in next budget year unless completing work in house. Commissioner Mai stated, at rate we are doing projects, would it be worth our time to hire our own department for demolition and tree removal. We might see our money go further; just a thought for future. I understand liability but feel need to look into possibility. Vice-Mayor Fairbanks stated, that will increase our budget and mean additional costs with equipment, labor, insurance, etc. Rich stated, you will get into a large expense with equipment. We can assist, but cannot tie up our equipment to limit time on other projects. I like idea but it will be expensive. Mayor Linin stated, I see what Commissioner Mai is saying, but it does appear to be a big investment. Commissioner Garcia stated, the capital investment with equipment and labor is large. Commissioner Farris stated, our contractors are paying taxes we do not want to limit them. Adam Schart EBH Engineer stated, you have to be licensed to remove asbestos so that part will have to be out sourced. Mayor Linin stated, I am willing to look at numbers. Commissioner Mai stated, we do not have to do it all demolitions, just start small with one or two projects a year. ON A MOTION by Commissioner Garcia to table discussion on property until next meeting to have inspection information seconded by Commissioner Farris. MOTION carried on a VOTE of 5-0.
- Land & Sky Byway Kiosk – Andrew stated, item was discussed at joint meeting where it was decided not to proceed at O’Reilly location. Mayor Linin stated, I received a call from County Chairman Enfield who asked me to talk to Sue Stringer at State about project. I did not get a hard deadline but they were down to either awarding us grant or not. I pressed her with VanGogh location since the Commission liked this location but she indicated if we proceed with O’Reilly location they will award grant, if not they will not award grant. Vice-Mayor Fairbanks stated, I do not understand what this has to do with the City. The land is deeded to State, so it is KDOT right of way and there is nothing that says they cannot park there and enjoy it. There are restrictions on deed but this project does not require an easement from City if they are on State right of way. Commissioner Garcia asked, if State is willing to give us $80,000 to improve property, why would we not do it? Vice-Mayor Fairbanks stated, if City has to give them an easement then we have a problem with restrictions on deed. There are no signs that say they cannot park there. They have what they need for kiosk and feel they need to proceed because it is a good project. Andrew stated, the kiosk would sit on KDOT right of way and are requesting easement for walkway from end of street to right of way. In discussion with State, I made restrictions on deed clear and that sidewalk would be removed if we proceed to develop road. Vice-Mayor Fairbanks Fairbanks stated, if the sidewalk remains on State property there will be no issues ensuring road is able to be developed in future. Deed states if cease to use property as a road, the property is deeded to owners to west. I feel good about project but do not feel City should be involved. Mayor Linin stated, both County Chairman Enfield and Sue stated they need easement and if we take location back to them project will not be awarded. Vice-Mayor Fairbanks stated, we have an attorney that is not recommending us to get involved which is reason we hire him. Commissioner Garcia stated, Andrew needs to contact County Chairman Enfield to see if it would work to locate the sidewalk on State property. We do not want to lose the grant. Helen Dobbs representing Byway Committee stated, the State needs an answer because we are holding up other projects in the State. Suzanne stated, at CVB meeting today, they discussed locating the sidewalk to the kiosk on State right of way. Mayor Linin stated, the message I received from State is they did not prefer 8th Street location because of the problems with the deed, so felt this was only location they would approve. Adam stated, a sidewalk along the street is normal and I do not see it as a problem to use the right of way area. Mayor Linin stated, they have sidewalk design in the middle of road. Andrew stated, they will design sidewalk where ever we would like it to be. Vice-Mayor Fairbanks stated, if we keep sidewalk along side of road in right of way, I do not see it as an issue. I am trying to eliminate a future problem for the City by not placing the sidewalk across road. Commissioner Farris stated, Vice-Mayor Fairbanks is correct, it is a no brainer to put sidewalk to side of road. Commissioner Garcia stated, I suggest Andrew contact Sue in morning to let her know our thoughts on placing sidewalk in right of way. Vice-Mayor Fairbanks stated, it is a benefit to everyone and I do not feel they would make it a deal breaker. I would have liked to have had the plans in front of us to review sooner. Commissioner Garcia stated, if we do not respond efficiently, we will not get grant. Mayor Linin stated, they are tired of working on this as we are one small piece of big grant. I do not know if we change sidewalk location that the grant is off. Vice-Mayor Fairbanks stated, I do not want to make decision the City will regret. Helen stated, I will try to make contact with her before you end your meeting.
- City Managers Report- 1. There are new signs going up around town and they look good. There was a problem when one of them was put together but it will be fixed in morning. Vice-Mayor Fairbanks stated, I want to thank Suzanne for her work on this project. 2. Jason Showalter has put together a video advertisement to recruit police officers that I would like to share. We will be showing this on social media, our website and where ever else to promote applicants. Everything is set and ready to go for the cleanup grant/park painting on September 12th. If anyone would like to volunteer to help we appreciate it. The grant was for the entire county. The City of Kanorado was incredibly thankful for and successful with their portion of the grant. 4. We had another great cleanup event on August 30th at the cemetery. Between the two workdays, we were able to clear six cemetery blocks of “stickers.” 5. I will be in Dodge City Thursday with other Manager’s from western Kansas. 6. I am working on a project to update job descriptions. It is typical that they only get updated when there is an opening, which says a lot for City staff. 7. I am attending the League annual conference September 15-18. I will not be in attendance at next meeting but available by telephone.
- Junior Commission – Natanya Ordonez Junior Commissioner stated, our club idea was huge but we could not find a location. Joni gave us a new project idea involving the SAFE program with seat belts. We are starting the program in the high school with a presentation on September 19th. We will have all students complete a pledge card to wear seat belts then award students for positive enforcement of program. We are also presenting program to NW Technical College and the Booster to Buckle program to North and West Schools. Excited to start program to see the community response. We will be promoting program at trunk or treat also.
- Tohnna Thompson came back to meeting and stated, the Commission asked me to produce the right to be on property not to produce a deed, which I have done. Mayor Linin stated, we will discuss it with City Attorney.
MAYOR AND COMMISSION REPORTS
- Commissioner Reports
Commissioner Mai – 1. I want to thank citizens for volunteering to help clean up cemetery and painting park equipment. These are all ways for the public of our community to come together.
Commissioner Farris – 1. No Report
Vice-Mayor Fairbanks – 1. No Report
Commissioner Garcia – 1. No Report
- Mayors Report – No Report
- Executive Session – Under authority K.S.A. 75-4319 (b) (2) for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship – Mayor Linin made a motion at 6:17 p.m. to recess into executive session under authority of K.S.A. 75-4319 (b) (2) for attorney-client privileges pertaining to unfit structure and severely blighted properties not to exceed twenty minutes. I request Commission, Alex, and Jake Kling be present. Vice-Mayor Fairbanks seconded the motion. MOTION carried by a VOTE of 5 to 0. Meeting resumed at 6:37 p.m. Mayor Linin made a second motion at 6:37 p.m. to recess into executive session under authority of K.S.A. 75-4319 (b) (2) for attorney-client privileges pertaining to unfit structure and severely blighted properties not to exceed ten minutes. I request Commission, Alex, and Jake Kling be present. Vice-Mayor Fairbanks seconded the motion. MOTION carried by a VOTE of 5 to 0. Meeting resumed at 6:47 p.m. Mayor Linin made a third motion at 6:47 p.m. to recess into executive session under authority of K.S.A. 75-4319 (b) (2) for attorney-client privileges pertaining to unfit structure and severely blighted properties not to exceed ten minutes. I request Commission, Alex, and Jake Kling be present. Vice-Mayor Fairbanks seconded the motion. MOTION carried by a VOTE of 5 to 0. Meeting resumed at 6:57 p.m.
Helen reported to Commission that she was unable to make contact with Sue, but will work with Andrew in morning to ensure the State is aware of Commission’s discussion on the Land & Sky Byway Kiosk.
ADJOURNMENT WAS HAD ON A MOTION Commissioner Garcia seconded by Vice-Mayor Fairbanks. Motion carried by unanimous VOTE, meeting Adjourned at 6:57 p.m.
ATTEST: Brian Linin, Mayor
Mary P. Volk, City Clerk