August 15, 2017 Special Joint Meeting Minutes

August 15, 2017 Special Joint Meeting Minutes

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Special Joint Meeting


August 15, 2017                                                                                                                           7:30 A.M.

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


Present from Sherman County Commission are Chairman Larry Enfield, Commissioner Rod Blake and Commissioner John Topliff.


Present from USD 352 School Board of Education are President Jessica Cole and Board Member Gennifer House, Board Member Terry Smith and Board Member Ron Vignery.


Others present are Andrew Finzen – City Manager, Bill Biermann – USD 352 Superintendent, Mark Scheopner – USD 352 Board Clerk, Mary Volk – City Clerk, Ashley Mannis – County Clerk, James Foster – Kansas Department of Commerce, Suzanne McClure – Economic Development Director, Joni Showalter – Police Chief, Rich Simon – Public Works Superintendent, Brian James – Fire Chief, Burton Pianalto – Sherman County Sheriff, Ryan Murray – Sherman County Emergency Manager and Crissy Livengood – Sherman County Communications Director.



  1. CPS Pipeline – Andrew stated, Bill Schields from CPS and Jim Pier, contractor, are present to discuss a project of CPS. Bill stated, as our business has grown, our original one million gallon tank for fertilizer is not enough storage, as it serves several other Northwest Kansas locations.  We have rail access and 1034 fertilizer tank at old ADM property.  ADM and CPS are splitting piece of property so we are asking for an easement to put in an underground pipeline along easement on 17th Street, under Highway 27 and along Industrial Park to the 1032 fertilizer tank.  Jim stated, the proposed route will be on one call system.  It is one inch pipe inside a three-quarter inch wall to test the integrity of system.  We reviewed the sight with Rich and Dustin Bedore but need right of way to go along 17th Street and under Cattletrail, then get on state right of way to go under highway.  Bill stated, we want everyone to know the environmental factors of project.  1032 fertilizer is mostly water; unfortunately many people confuse this with anhydrous.  The line will not be pressurized most of the time.  Construction on new one million gallon 1032 fertilizer storage tank is going to start in about a week.  Upon completion we will have 10,000 tons of 1032 fertilizer storage which will fill 400 trucks.  This will be a lot more trucks at that intersection, especially if Frontier Ag adds grain storage.  There will be a lot more stress on infrastructure.  Another option is to bore south of 17th Street along railroad right of way, then under Highway 27, which will change route of pipeline.  We want to avoid City utilities and give City all room can along right of way to work on utilities.  Mayor Linin asked, what is needed from City?  Andrew stated, CPS is here this morning because of urgency of project to get paperwork processed.  The Commission will need easement paperwork and a Franchise Agreement for pipeline along right of way.  We may have the need to abandon 18th  Mayor Linin asked, do we need to hold a public hearing to abandon 18th Street?  Andrew stated, I cannot answer that, all residential property will have access to property without using 18th Street.  Vice-Mayor Fairbanks asked, are there other options for pipe route or is 17th Street the project?  Bill stated, this will bring more business to Kyle Railroad in Goodland so they are interested in project but yes, we have options where to put pipeline.  I would like to get railroad to approve going along their property to eliminate going along 17th Street.  Andrew stated, this is information only so Commission is aware of project.  Bill stated, we are still looking at options but Option A is place along railroad sight, Option B is along 17th Street.  Either way tank construction is beginning next week.  County Commissioner Topliff asked, who owns lot west of Sunflower Plant?   Mayor Linin stated, Frontier Ag bought for potential storage and put in grain storage.  County Commissioner Topliff stated, looks like it would be cheaper to move old tank to that site.  Bill stated, it would be cheaper to build new tank and take old tank out of service if we owned property.  We used to own property but sold to Sunflower Plant, which is now owned by Frontier Ag.  Consensus of Commission is to proceed with plan when CPS has more information on project.



  1. Neighborhood Revitalization Plan (NRP) – Andrew stated, last joint meeting was April 10th where amendments to plan were approved by City and School, but not Sherman County so changes were not instituted since unanimous approval is required.  Everyone has drafts of documents with proposed revisions hi-lighted. Changes being proposed are as follows: 1. Item B on page 4 indicating plan begins January 1, 2018 since current plan expires December 31, 2017 and recommending a three year plan, but open for discussion.  2.  Item E same page, if applicant is delinquent thirty days in taxes rebates are forfeited.   Item G same page, applications are subject to approval by majority of three taxing entities where previously only County Commission approved applications.  4.  Item K on page 5 allows extensions on construction but asks that rebates are paid according to new assessed valuation.  5. Page 7 item 14, County Commission was changed to three taxing entities.  6.  Page 9 the commercial and residential caps were removed.  7.  The  Interlocal Agreement is set to expire April 20, 2018 so revised effective date on new agreement as May 1, 2018 to expire end of December 2018.  County Commissioner Enfield stated, I would like to see a change on item 4 page 6, as I feel we have misled people in program on the fifteen working days.  I would like applicant to have the ability to start construction if they have a contract in place, but they need to know if there is a problem with their deed or back taxes, their application may be denied.  If they have a contract in place they should be able to begin work.  They are going to build anyway, it will be a risk they take and application could take longer.  Board Member Smith stated, item 2 on page 5 also states the application must be approved prior to commencement of work.  Mayor Linin asked, so we need plan to state that when application is submitted, it may get kicked out of program if deed is wrong or back taxes on property.  County Commissioner Topliff stated, basically that they can start construction but participation in plan is pending approval of application.  Board Member Vignery stated, it should simply state they proceed on project at their own risk, but if problems exist with taxes or deed, application may be kicked out of program.  Superintendent Biermann stated, I feel page 1 item 1B needs information updated as some information for school is not accurate.  James stated, part of plan is that the language has to show blithe.  If enrollment has not continued to drop it should not be in the plan.  County Commissioner Topliff stated, the County Attorney recommends we only submit the Interlocal Agreement to Attorney General, not the plan.  Mayor Linin stated, we need to update information so it is correct and approve with amendment to plan.  Board Member House stated, information needs to show our enrollment is static.  County Commissioner Blake stated, the County has contracted with new appraiser; she is also contracted with Rawlins County.  Board President Cole asked, so the amended plan has no maximum cap?  County Commissioner Enfield stated, James previously told us we have a good plan but not to give everything away.  I have no problem removing caps as long as there are rules that can be reviewed and we still can control types of businesses locating in Sherman County.  James stated, I would make those changes in zoning regulations.  County Commissioner Topliff stated, we can also control by not approving application.  James stated, plan says that all entities will review all applications.  Mayor Linin stated, we have authority to approve or deny any and all applications.  Board Member Vignery stated, if we deny an application, we need to consider adding language that appraised valuation will be reviewed by entities.  James stated, you can state a cost benefit analysis will be performed on projects over certain amount.  What about if add language that it is based on policy or procedures of three entities to get flexibility?  Board Member Vignery stated, as long as it is before application is submitted.  Andrew stated, I want to stress this is the entities plan and will not go into effect until January.  The Interlocal Agreement is framework and it expires April 2018.  County Commissioner Blake asked, is two thirds approval on applications sufficient?  James stated, most plans only require County Commission approval since they are approved unless there are issues with deed or taxes.  ON A MOTION by Vice-Mayor Fairbanks to approve revised plan with seven revisions recommended and add the following four changes: 1. Update information on page 1 item b of plan; 2. Page 6 item 4 add language that applicant can begin construction prior to approval at own risk; 3. Page 5 item 2 remove the word “approved”; 4.  Page 9 add language that applications are approved per policies and procedures of three entities, seconded by Commissioner Mai.  MOTION carried on a VOTE of 4-0.  Andrew stated, the plan is laid out that the County approves plan and each entity approves the Interlocal Agreement by resolution.  Consensus is for each entity to approve changes to plan to ensure all entities are in agreement.  ON A MOTION by Board Member Smith to approve plan with amendments as presented by City Commission seconded by Board Member House.  MOTION carried on a VOTE of 4-0.  ON A MOTION by County Commissioner Topliff to approve plan with amendments as presented by City Commission seconded by County Chairman Enfield.  MOTION passed on a VOTE of 2-1, with Chairman Enfield casting the dissenting vote. 


School Board departed from the joint meeting.



  1. Economic Development – Andrew stated, this item is on agenda because the County Commission indicated there were some things in the works. We did not know if there are any updates.  County Chairman Enfield stated, we do not have any update at this time.
  2. Dispatch Center – County Commissioner Topliff stated, the County is proposing to build a new dispatch center behind courthouse to bring up to FEMA standards.  It will be an above ground structure with underground parking.  It will require the City to expend money annually.  Ryan Murray, Emergency Management Director stated, if we construct a new center the County feels it should be built to FEMA standards.  Crissy distributed draft layout of building.  Crissy stated, the Center would have backup capabilities, and if needed capability to be regional dispatch center.  Andrew stated, when we previously met with County Commission and Crissy we discussed a temporary fix for dispatch to expand in basement.  Then the dialogue went to build a new center, looking at the Wolak Building as a location.  County Commissioner Blake stated, this sight is county owned and we want it on our property.  County Chairman Enfield stated, this started when we gave the old telephone building to the Historical Society, so we need a place for our records.  We are looking at land behind court house where tennis courts exist.  Andrew stated, County Commissioner Topliff indicated when plan comes to fruition there will be City costs, are those costs annually or for construction?  County Commissioner Topliff stated, your current contribution is the real estate, but we are requesting a share in annual budget expenses.  This facility makes more sense than remodeling basement of City Office.  Crissy stated, the plan has sleeping facilities for worst case scenario.  County Chairman Enfield stated, we are not asking for decisions today, just wanted to bring information to City.  Andrew asked, do you have time frame, our last discussion you mentioned you were two years out.  County Commissioner Blake stated, it will depend on availability of grants.  Ryan stated, we need to look at upgrades required for dispatch center so that updates coordinate with new center.
  3. Fire Chief/Fire Department – Andrew stated, the City and County have been out of contract since 2014. The County indicated they intend to continue utilizing Brian’s services so feel need to get back into contract.  The draft contract has same terms with Sherman County paying the City $1,000 per month for Brian’s services.  I added language in item 2 for contract to renew annually.  Item 3 is added in the event terms of payment need to be adjusted.  County Commissioner Topliff asked, first sentence in item 8, should the word “may” be “shall”?  Should we have the County Attorney review the agreement?  County Chairman Enfield stated, yes, we will have him look at agreement and get back to City.  Consensus of the City Commission is to approve agreement.
    Andrew stated, a member of Fire Board came to meeting and because of agenda, wanted me to relay the Board is in favor of new agreement.
  4. Land & Sky Kiosk – Donna Price, CVB Director stated, we have been working with State on signage and kiosk for Scenic Byway.  The Byway runs from intersection of Highways 27 and 40 to the State line.  The State received a $1,000,000 grant to pay for both.  Donna distributed three copies of signage and kiosk information from State.  Donna stated, these are very raw copies which are not approved at this point.  Deadline to receive grant money is August 17th.  We are trying to get location along Highway 27 for Kiosk approved in order for the grant to cover the cost. We are the only agricultural byway in U.S.  We feel the Kiosk needs to be on Highway 27/24 corridor.  Andrew stated, we feel best location is at end of Commerce Road by O’Reilly’s.  If kiosk is at this location, it does not meet the requirements of the deed to abandon the road.  Alternate option is to develop on KDOT right of way and start a walkway at end of paved road.    We would need approval to get easement for kiosk so they can proceed.  Vice-Mayor Fairbanks asked, does that infringe on triangle north of O’Reilly’s?  Andrew stated, right of way goes through triangle.  Vice-Mayor Fairbanks asked, has anyone contacted property owner?  At one time there was a discrepancy with meets and bounds of property.  Andrew stated, EBH plugged in right of way from deed so understand it is right of way to utilize.  Vice-Mayor Fairbanks stated, I want to make sure it is verified.  Where would parking be?  Andrew stated, EBH recommended three parking stalls at end of road and people can turn around from there.  I reached out to O’Reilly’s but have not been able to make contact.  County Commissioner Topliff asked, when do you need approval?  Donna stated, August 17th.  Mayor Linin asked, do you have an option B?  Donna stated, we talked to American Implement and Short and Sons but neither location would work.  County Commissioner Topliff asked, what about putting rock where the City sign is and put kiosk there?  Andrew stated, this was looked at and we have a concern for parking.  They are not financing a parking lot and it was a concern for City there was not a parking lot there.  Donna stated, the other location we looked at is at 8th and Cattletrail, which is past the Highway 27/24 corridor.  Vice-Mayor Fairbanks stated, at Commerce Road location the overflow concerns me for O’Reilly’s.  Donna stated, if we change location it will push approval date back which will require us to pay for Kiosk.  County Commissioner Topliff stated, I do not like this location and O’Reilly’s should be upset if we start blocking their lot.  Burton stated, at location by sign there is problem with one way traffic and there will need to be some modifications made.  County Commissioner Topliff stated, I would rather the kiosk not be built than to build it in the wrong place; this location floods.  Vice-Mayor Fairbanks stated, the pressure from the State should not pressure us to put a kiosk where it does not belong.  I think we need more time.  Mayor Linin stated, my first option would be at the Van Gogh, then by the City sign.  County Commissioner Topliff stated, there are too many questions to meet this deadline, and only three parking spaces.  Vice-Mayor Fairbanks asked, what are basic concerns for it around sign?  Andrew stated, problem is funding, they do not intend to fund a parking facility.  If we use Short and Son, I have a concern with people crossing highway.  The state is funding the kiosk, pad and path to kiosk.  County Chairman Enfield asked, what about land north of Walmart; I believe it is owned by BANKWEST?  It has a concrete pad.  Helen Dobbs stated, I will talk to BANKWEST about using it.  Donna stated, I am not sure that we change location we will have time for study.  This location is highly visible.  Consensus of City Commission is that O’Reilly site is not feasible.  Commissioner Mai stated, if BANKWEST does not approve location, I feel second option should be Van Gogh.
  5. Fall Festival – Andrew stated, this item is a request from the County Commission. County Commissioner Topliff stated, this event started as Chamber event and is now run by private Corporation.  It is a major attraction for community but neither the City nor County have authority with it.  I have a problem with tax payer money going to a private organization that we do not see financials.  Mayor Linin stated, I agree with what you are saying.  I look at it as a good event for the community.  County Commissioner Topliff stated, we need to have accountability for the money we give them.  I feel CVB should be running this event.  We need to protect it from going broke but it has to have some financial accountability.  Andrew stated, if they ask for a donation there can be restrictions on donation.  It is a private event, if we interject our opinion in the event when they do not want it, even if it is a good event for community, we are sending the wrong message.  Mayor Linin stated, that is first step for donation given, we want to see accountability.  James stated, I recommend you contact other communities that run festivals, like Atwood, to see how they run their festival.  Commissioner Mai stated, when they come to Commission we need to see their budget and pick out a bill we would like to pay.  Mayor Linin stated, I also feel CVB should be more involved with event.


ADJOURNMENT WAS HAD ON A MOTION Commissioner Mai seconded by Commissioner Farris.  Motion carried by unanimous VOTE, meeting Adjourned at 9:55 a.m.






ATTEST:                                                                               Brian Linin, Mayor





Mary P. Volk, City Clerk