GOODLAND CITY COMMISSION
Regular Meeting
August 16, 2010 5:00 P.M.
Regular Meeting was called to order by Commissioner Dave Daniels with Commissioner Annette Fairbanks, and Commissioner John Garcia responding to roll call. Mayor Joshua Dechant and Vice Mayor Rick Billinger were reported absent.
Also present were Doug Gerber-City Manager, Mary Volk-City Clerk, LeAnn Taylor-Municipal Judge, Ray Smee-Chief of Police, Rich Simon-Public Works Superintendent and Brian James–Fire Chief/Building Inspector.
Commissioner Dave Daniels led the Pledge of Allegiance.
PETITIONS AND MEMORIALS:
PUBLIC COMMENTS:
A. Jeff Mills, EBH stated, I am here to discuss the billing questions on the preliminary engineering on the KDOT redesign of K-27 Phase III requested by the State. Standards were updated and KDOT requested changes, and then changed design from one project to three separate projects, which took extra time. The State also requested changes in the traffic patterns. The billing period was from March until June of 2010. Commissioner Garcia questioned, the State did not accept what was done for all three phases? Jeff stated, they accepted it, but requested minor changes, the majority of expense required splitting out the project into three separate projects. There are standard sheets required for each set of project plans. In addition, there were meetings with KDOT charged to project. Commissioner Fairbanks questions, so even though the changes are small, it required additional paperwork?
Vice Mayor Billinger reports to meeting.
Vice Mayor Billinger stated, the charge is excessive. Jeff stated, I agree but required by the State for the project to proceed. Vice Mayor Billinger stated, I understood it to be designed as three projects. Doug stated, no, it was designed as one project because we believed we were getting money for all stages until very end when the State pulled the third phase.
Helen Dobbs with Economic Development stated, three years ago the City agreed to extend the neighborhood revitalization/tax rebate program. The County signed off on the extension today; if the City is interested in extending the program again I will leave the paperwork with Doug.
Brendan Fulcher- discussed an Eagle Scout project to install a pool canopy at the Steever
Water Park that matches the existing canopy put in by the Goodland Swim Club last summer. Vice Mayor Billinger questions, when he would be doing the project? Brendan stated, hopefully we will have it installed by the end of the year. The cost of the project is approximately $3,000. Commission thanked Brendan for pursuing the project.
Pete Whalen stated, for sometime we have been worried about the cleanliness of our
Community. We allow trash to accumulate and junk cars in back yards. A few weeks ago the City Manager spoke of getting plans for a City cleanup. I encourage the Commission to pursue plans to see what you can do to clean up the City. We have ordinances in place to control the accumulation. I am asking the City to do something about the problem. On a separate issue I spoke with Jim Strine about the dead trees that exist in the community. He agrees that dead trees that exist in a community are a hazard. If trees exist on private property the City needs to ask property owners to remove them. Cleaning up the trees will make Goodland a better place.
Vice Mayor Billinger took over the meeting.
PUBLIC HEARING:
A. CDBG Housing Grant- Open hearing at 5:23 p.m. Doug stated, hearing is regarding a small city’s community development block grant. Danielle Knoll stated, the deadline for the grant is August 31, 2010, with the award date January 4th 2011. We are asking for rehabilitation of homes in the target area. Homes must be owner occupied, rental property is allowed if the property owner is low to moderate income or contributes twenty-five percent. City needs to decide if they wish to hire North Central Planning Commission from Beloit to do inspection on the grant. Estimated project cost in application is $386,300; total funds requested by the City are $500 for environmental assessment. Vice Mayor Billinger questions if the fees are all standard? Danielle stated, yes, the standard fees are set by the State. Closed hearing at 5:40 p.m.
Doug stated, anti-displacement requirement does not apply because demolitions they are looking at are not occupied. ON A MOTION by Commissioner Daniels to accept Resolution 1323 CDBG Authority, seconded by Commissioner Garcia. MOTION carried by a VOTE of 4 to 0. ON A MOTION by Commissioner Garcia to approve CDBG application documents, seconded by Commissioner Fairbanks. MOTION carried by a VOTE of 4 to 0.
2009 AUDIT PRESENTATION:
Harold Maize from Agler & Gaeddert presented the 2009 City audit report to the Commission. The City was subject to a single audit because they received more than $500,000 in Federal funding. There were no statutory violations noted in audit.
CONSENT AGENDA:
August 2, 2010 Commission Meeting Minutes
August 9, 2010 Commission Meeting Minutes
Appropriation Ordinance No.’s: 2010-16, 2010-16A, 2010-P16
ON A MOTION by Commissioner Garcia to approve Consent Agenda seconded by Commissioner Fairbanks. MOTION carried on a VOTE of 4 to 0.
ORDINANCES:
LeAnn Taylor, Municipal Judge highlighted changes to the Standard Traffic Ordinance. Two of the major changes are, Use of Wireless Communication Devices not allowed while driving and Seat Belts are a primary offense and can be stopped if in the front seat of vehicle without using seat belt. ON A MOTION by Commissioner Fairbanks to approve Ordinance No. 1610 “Standard Traffic Ordinance for Kansas Cities”, 2010 Edition, seconded by Commissioner Garcia. MOTION carried on a VOTE of 4 to 0.
Ordinance No. 1611 “Uniform Public Offense Code for Kansas Cities”, 2010 Edition-
LeAnn again highlighted changes to code. The primary changes are Criminal Use of Weapons and the New Smoking Ordinance in place. ON A MOTION by Commissioner Garcia to approve Ordinance No. 1611 “Uniform Public Offense Code for Kansas Cities”, 2010 Edition, seconded by Commissioner Fairbanks. MOTION carried by a VOTE of 4 to 0.
Ordinance No. 1612 Zoning Change- Doug stated, this ordinance changes back a portion
of the property south of Highway 24, north of 22nd Street and south of Harvest E-Free Church. The Planning Commission recommends changing property back to Commercial zone. The property was previously zoned commercial and when changed to residential zoning it was because we did not have a complete legal to change the small portion to residential. There is now a proper legal of the property to change it back to commercial zone. ON A MOTION by Commissioner Daniels to approve Ordinance No.1612 Zoning Change, seconded by Commissioner Garcia. MOTION carried on a VOTE of 4 to 0.
RESOLUTIONS:
A. Resolution No. 1322 Generally Accepted Accounting Principles Waiver- Doug stated, this ordinance is the same as in past years to waive GAAP requirements. ON A MOTION by Commissioner Fairbanks to approve Resolution No. 1322 Generally Accepted Accounting Principles Waiver, seconded by Commissioner Garcia. MOTION carried on a VOTE of 4 to 0.
FORMAL ACTIONS:
A. 2009 Audit- ON A MOTION by Commissioner Garcia to accept the 2009 audit as presented, seconded by Commissioner Fairbanks. MOTION carried on a VOTE of 4 to 0.
DISCUSSION ITEMS:
Economic Development Incentives. Doug stated, we are continuing discussions from the
last meeting regarding incentives for Paige Harper’s business. I provided incentives approved by Commission for the Grocery Store. Vice Mayor Billinger stated, many items provided to the Grocery Store are unique to the store. I feel if we are going to waive permit fees, inspection and utilities connection fees for one year, we have to do for all. Doug stated, as discussed earlier I would not recommend reimbursement of utility deposits as it is addressed through ordinance. Also, you requested her to file Neighborhood Revitalization paperwork with the County and feel we should insist she help herself before we provide incentives. Paige stated, I have done the paper work and do qualify for the rebate. Consensus of the Commission is to waive the permit fees and utility connections. Vice Mayor Billinger questions how the Commission feel about waiving utilities for a year? Doug stated, in reviewing her billing it is a low of $40 and a high of $70. Mike Miller questions what the Commission is doing, are you setting precedence? Vice Mayor Billinger stated, we developed an incentive policy to promote new businesses. This is our second application and it is a case-by-case basis. Commissioner Daniels stated, we are looking at what a business is bringing to the Community. Doug stated, I believe if you are looking at waiving utilities you should look at it on the back end. Commissioner Daniels stated, I agree if the business is here in a year, they get rebate after a year. Vice Mayor Billinger stated, I feel with hiring one employee it will take the City a while to recoup the costs of utilities and taxes. Commissioner Daniels stated, I would like to look at how our criteria effects the decision. If looking at rebates it will not cause a problem to wait for two weeks. Consensus of the Commission is to table item until the next meeting. Paige encouraged Commission to contact her and visit her business to go over her plans.
Take Charge Challenge. Doug stated, I was contacted by Kansas Energy Office regarding
a contest to decrease kilowatt usage between cities. Giving each city a $25,000 grant to be used for incentives to participate in the project. The city that decreases kilowatt usage the most will receive a $100,000 grant for the community. The project was offered to six communities in Northwest Kansas. Commission would like to pursue information on the project.
CORRESPONDENCE AND STAFF REPORTS:
Refer to correspondence received in packet.
City Manager’s Report- 1. The City received Transportation Enhancement Grant for Main Street, if the program is funded. 2. Fog sealing is scheduled for the end of this week. 3. Next meeting is on Labor Day; need to move the meeting to September 7, 2010 at 5:00 p.m. 4. Phase III of K-27 project to be let on Wednesday. 5. We had Pooch Plunge yesterday at the Steever Water Park, the last day of the pool being opened and we let dogs swim for an hour. Proceeds went to the Animal Shelter. 6. Distributed contract between City and the property owner at 1607 Texas. I feel this is a positive thing. As discussed at the last meeting we sent letters to property owners to come in and discuss the contract proposal with Brian, we only had one property owner come in. Angel Morgan stated, I am working on the project and tried contacting Brian. Angel and Brian set up an appointment for 10:00 a.m. on Tuesday. 7. Don Hellar, EBH brought the Commission up to date on the water treatment plant. We are making progress; weather has been the hold up. I have a change order for Miller Construction and Morris Plumbing Plus. Two of the lines ended up being under piers in the building and need to re- route lines. No way we could have known of change required up front. Change order is in amount of $7,009.20 for the additional pipe required. The City cannot pay Miller Construction until the change order is approved. Even with this increase, the City still has a credit with change orders. Commissioner Fairbanks stated, as Commissioners we need to be careful, change orders do come up, but in previous years we denied a change order. Circumstances happen and we need to take that into consideration. I have no problem with this change order. ON A MOTION by Commissioner Fairbanks to approve change order number 2, seconded by Commissioner Daniels. MOTION carried on a VOTE of 4 to 0.
Mayor and Commission Reports
A. Commission Reports
Commissioner Daniels- 1. In the Kansas Journal, noted Tom Armour had passed away and Wayne Hill’s son passed away.
Vice Mayor Billinger- No Report
Commissioner Garcia- No Report
Commissioner Fairbanks – 1. Thanks to the pool staff for doing the pet plunge this year, it was a fun time.
B. Mayor Dechant’s Report- No Report
EXECUTIVE SESSION
A. Executive Session: Under authority K.S.A. 75-4319 (b)(1) for a preliminary discussion relating to personnel matters of non-elected personnel.
Vice Mayor Billinger made a motion at 7:08 p.m. to recess into executive session under the authority of KSA 75-4319 (b)(1) for a preliminary discussion relating to personnel matters of non-elected personnel not to exceed twenty minutes. I request only the Commission and City Manager be present in the executive session. Commissioner Daniels seconded the motion. MOTION carried by a VOTE of 4 to 0. Meeting resumed at 7:28 p.m.
B. Executive Session: Under authority K.S.A. 75-4319 (b)(6) for a preliminary discussion relating to the acquisition of real property.
Vice Mayor Billinger made a motion at 7.30 p.m. to recess into executive session under the authority of KSA 75-4319 (b)(6) for a preliminary discussion relating to the acquisition of real property not to exceed fifteen minutes. I request only the Commission and City Manager be present in the executive session. Commissioner Daniels seconded the motion. MOTION carried by a VOTE of 4 to 0. Meeting resumed at 7.45 p.m.
ADJOURNMENT WAS HAD ON A MOTION by Commissioner Fairbanks seconded by Commissioner Garcia. MOTION carried by unanimous VOTE, meeting adjourned at 7:45 p.m.
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Rick Billinger, Vice Mayor
ATTEST:
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Mary P. Volk, City Clerk