May 4, 2020 Commission Minutes

May 4, 2020 Commission Minutes

May 4, 2020 Commission Minutes

website_admin Minutes


Regular Meeting

May 4, 2020                                                                                                                           5:00 P.M.

Mayor John Garcia called the meeting to order with Vice-Mayor Aaron Thompson, Commissioner Jay Dee Brumbaugh, Commissioner J. J. Howard and Commissioner Gary Farris responding to roll call. 

Also present were Joshua Jordan – IT Director, Andrew Finzen – City Manager and Andrew Brunner – EBH Engineer. 

Present remotely were Rich Simon – Director of Public Works and Mary Volk – City Clerk.

Mayor Garcia led Pledge of Allegiance


  1. Randy Gavin, citizen from 1008 W 12th Street sent Commission a request stating Governor Kelly lifted stay at home restrictions but he does not see an agenda item to lift local restrictions and open our community.  I have also contacted Sherman County Commission to place item on agenda. 


  1. Arbor Day Proclamation: May 14, 2020 – Andrew stated, proclamation proclaims May 14th as Arbor Day in the City of Goodland.  The date was pushed back from April 29th.  The City received a grant from SCCF to plant forty one trees in Goodland representing our forty one years as Tree City USA.  The intent is to plant the trees on Northwest Kansas Technical College campus south of the softball field, then plant a tree at the ceremony on the 14th.  We will not be able to invite the school students this year so the ceremony will be different. 


  1. 04/20/20 Commission Meeting Minutes
  2. Appropriation Ordinances: 2020-09, 2020-09A, and 2020-P09

ON A MOTION by Vice-Mayor Thompson to approve Consent Agenda seconded by Commissioner Howard.  MOTION carried on a VOTE of 5-0.


  1. Resolution 1564: Commission Livestream Policy – Andrew stated, at previous meeting we discussed a few revisions included in this resolution.  We are outlining how meetings will be streamed going forward.  Commissioner Brumbaugh raised concern about streaming on Facebook because live comments cannot be turned off.  The initial intent was to make the meeting available to as many as possible but question which platform we want to stream, You Tube, Facebook or both.  We would like to do away with Facebook stream as comments are not addressed and we cannot turnoff comments and reactions.  You Tube appears to be a better platform that we recommend.  Mayor Garcia stated, I agree You Tube appears to be the better platform.  Commissioner Brumbaugh stated, I want a platform where people can see what is going on but I do not want a live comment section that distracts people.  Vice-Mayor Thompson stated, I do not have a concern with Facebook if people want to have conversation; but if we want to have one way to keep track of comments by streaming on one site, I do not have a problem.  Commissioner Howard and Commissioner Farris both concur You Tube is the better platform.  Commissioner Brumbaugh asked, how do we address questions?  Andrew stated, the comment feature will be disabled during the meeting.  Josh stated, on Facebook people can share the video and comment on new posts.  ON A MOTION by Commissioner Brumbaugh to approve Resolution 1564: Commission Livestream Policyseconded by Commissioner Farris.  Vice-Mayor Thompson stated, in Section D, item c regarding exclusion of inappropriate comments, I want to make sure we know that is a fine line.  When will comments be removed, during or after meeting?  My concern is removing parts of a meeting.  Josh stated, since meeting is live streamed you cannot edit it.  You will have to take down original video and edit, then repost on platform.  Mayor Garcia stated, the resolution outlines inaccuracies and exceptional circumstances.  Andrew will be the one evaluating the meetings more than us.  Resolution specifically addresses the only time can edit a meeting.  Andrew stated, from a staff standpoint, this will rarely be done.  I only see editing when there is a liability issue.  Commissioner Brumbaugh stated, the video will not replace minutes which are the legal meeting document.  Andrew stated, it is damage control best we can to protect the City.  If you want us to report back what was edited, then there will be a record.  MOTION carried on a VOTE of 5-0. 


  1. Road Needs: John Topliff – Mayor Garcia welcomed Sherman County Chairman John Topliff to the meeting.  County Chairman Topliff requested Commission go into executive session under authority of K.S.A.75-4319 (b) (6) for preliminary discussions relating to the acquisition of real property.  Mayor Garcia made a motion at 5:19 p.m. to recess into executive session under authority of K.S.A.75-4319 (b) (6) for preliminary discussions relating to the acquisition of real property not to exceed ten minutes.   I request the Commission, City Manager and County Chairman Topliff be present. Commissioner Brumbaugh seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 5:29 p.m.  Mayor Garcia asked County Chairman Topliff to formulate a meeting with the County as we had discussed for May 12th at 7:30 a.m.
  2. Pioneer Pond Drainage – Andrew stated, Pioneer Park and drainage of water has been discussed a number of times so I invited Andrew Brunner for discussion.  Andrew Brunner stated, there have been some questions pertaining to drainage at Pioneer Park, post and pre-construction.  Post-construction the pond at Pioneer Park receives drainage starting at I-70, through the ditches meeting up with area north of Highway 24 eventually making its way into the pond.  Once the pond reaches a certain level, there is a pump that kicks on to discharge water behind gun shop to an outlet structure, following the ditch north to 19th Street right of way.  The water meets up with storm water from south of the tracks and flows down 19th Street right of way to Eustis Street.  From Eustis water flows through a pipe making its way to the end of Eustis to the ditch at the railroad.  Mayor Garcia asked, is the pipe all 6”?  Andrew Brunner stated, yes from the pump to behind the gun shop it is 6” pipe.  The ditch was reshaped with the project and a drainage easement was acquired for the water to flow that way.  In 1991, pre–construction there was the old “Y” with same drainage principal with drainage pipe under Highway 24 and drainage came from same area.  During heavier rainfall events, water began to run over the east leg of “Y” and City would send crew to block road until water made its way through.  Water made way to ditch where currently discharge.  Area was relatively flat but water would eventually make way down 19th Street right of way to Eustis.  In early 2000 KDOT transferred elevations to metric.  Studying pre-construction survey and following elevations on east leg of Cherry there is low elevation that shows where water crossed Cherry, following ditch.  In looking through information and following the main drainage ditch east, there are many low lying areas.  I do not doubt water had difficult time making way out of “Y” with elevations and the culvert under east leg of Cherry Street.  If water was not flowing over east leg of Cherry it would flow slowly through pipes under Cherry which were basically filled with sediment.  When looking at water retained in areas and comparing to post construction with location of float pumps, the float elevations are set 1,700 cubic feet higher.  We had survey shots from county road; back to Eustis; back to 19th Street.  If you follow elevation levels, they are flat but water does continue to flow down south side of railroad ditch.  Once water hits county road it does not have anywhere to go.  Based on experience and moisture last year, the water physically has nowhere to go.  The water cannot make way from south side of track to north side of tracks.  Along Eustis, the FEMA flood plain map developed in 1974, effective in 1981, shows the area as a flood zone.  In looking at information and water retained in “Y” previously, we are not retaining more water than in past.  The dog park retained water last year but I do not have survey data for it.  The pumps are not releasing water any faster than it was before.  Mayor Garcia asked, the pumps automatically activate when water level gets a certain height?  Andrew Brunner stated, yes once at level it kicks on pump then as pump catches up it shuts off.  When pump kicks off there is still 1.5 to 2 feet water in pond.  Mayor Garcia asked, how deep is ditch on county road?  Is there a way to make it deeper to keep water from going across road affecting citizen’s property?  Andrew Brunner stated, I do not feel it is that area, but the area before that is a pre-existing low area.  In speaking with Darin Neufeld, EBH Engineer and Rich there was some investigation done to look at old drainage tubes under rail line, which at this point would be filled with sediment.  Elevation on each side of railroad will be very different now than when survey was done.  There are many things to look at for relief if there is a concern but really it is that water cannot make its way across the tracks to drainage area.  Commissioner Howard stated, at 19th Street and Eustis the water will run over Eustis into the KOA, is there anything we can do there?  Andrew Brunner stated, that is around a couple agricultural fields and is a continual maintenance item.  That elevation is actually dropping back to the south so there is a low lying area based on information twenty years ago.  It is maintenance of the pipe to help out and allow water to pass under the street.  Andrew Finzen stated, what he is showing is with elevation, water has drained this way before the pond.  When the City had the “Y”, drainage was an issue and the City’s drainage pond did not create this issue.  It has been a historical problem with the property owners.  The discussion is what the City wants to look at.  There is a floodplain map of the area so the City did not create the issue.  Andrew Brunner stated, the floodplain map shows the information.  Andrew Finzen stated, it is not that drainage is not a problem, but is this the City’s concern and is this our number one priority with cost of infrastructure, and land acquisition.  It is not fixable without investing serious money into the issue.  I know last year was record rainfall but the number of heavy rainfalls here are infrequent.  Mayor Garcia asked, in idealistic concept what can we do to help drainage?  Andrew Brunner stated, there are many things we can look at but each solution will require research and getting State resources involved.  Andrew Finzen stated, a good solution is to get water north of tracks but also least likely scenario.  Andrew Brunner stated, correct and once you create this, what do you create downstream.  If you push it to 8th Street that will require more ditch work for damage control to help drainage.  Commissioner Howard asked, what is elevation on north side of tracks at Eustis versus the south side of tracks?  Andrew Brunner stated, about six to seven feet difference ground elevation but flow level it is more like three feet.  Commissioner Farris stated, I remember when water went through the second house north of the tracks.  In low spot on south side of tracks, can it be dug out to catch some of the water?  Andrew Brunner stated, we have discussed that but how big of a hole and can we hold the water there.  Also have to go through State agencies and then will there be problems down the road?  Andrew Finzen stated, staff does not know what else Commission wants to do.  We do not feel there is anything to do at this point but will follow Commission direction.  There is a drainage problem in the community and when we get heavy rains there are problems all over town.  Heavy rains are not frequent so do not feel this is our most pressing need.  Commissioner Howard stated, I feel for now make sure clean out sediment in drainage tubes.  Commissioner Farris stated, you might have to contact land owners to see if they have ideas.  Andrew Finzen stated, yes we will talk to them if you want to refer them to me on the issue.  Andrew Brunner stated, there was a lot of water last year and nowhere for water to go.  The pond held water into the fall.  Commissioner Farris stated, at times the pond looks like it could have waited before the pumps came on to let water out.  It looked like it started pumping before much water was in pond.  Andrew Brunner stated, one thing you do not see is that the wet well actually goes 5’ deeper than the inlet so the wet well is filled with water before the pump kicks on.  We can look at it but that goes back to a couple months ago when we discussed whether we could have it as a functioning recreational pond.  If you fill it up too much, what are you doing to the people up or down stream from the pond?  It is a balancing act.  There is also a sewer main under the shelf that controlled the elevation of the pond which we evaluated in design of project. 
  3. COVID-19 Planning – Andrew stated, this will be a standing agenda item until we get through the pandemic for Commission to discuss what is going on with City operations.  Last week the Governor outlined a multi-phase plan for the State of Kansas to open.  Phase One of Executive Order 20-29 was ordered which did away with the stay at home order but prohibits gathering of more than ten people.  It also prohibits a number of establishments from opening for business, which includes public pools.    Phase Two begins no earlier than May 18th and changes some items.  Understand the Governor is going to follow this timeline and has forty-five days of authority left to issue executive orders.  Her four phase plan lasts until June 15th, which is forty-five days.  Unless there are drastic changes, this will be time line she follows.  Phase Two restricts mass gatherings to no more than thirty people then Phase Three begins June 1st, limiting gathering size to no more than ninety people. In Phase Four the gathering size is lifted.  I feel with Phase Two we can open the pool in theory but where gatherings are limited to thirty and we require eleven staff that means we open the pool for only nineteen individuals.  The recommendation we feel makes sense is to open pool in Phase Three where they allow gatherings up to ninety individuals.  We are looking at different options as a busy day at the pool is pushing ninety people.  Our intention is to open up June 1st.  We may have sections being open during this time until the phase out stage for normal operation.  Vice-Mayor Thompson asked, can swim lessons be done during Phase Two?  Not sure really gaining much with just two weeks.  I know in May it is really too cold to keep pool open.  Mayor Garcia stated, timeline looks good to me.  Andrew stated, in addition the Commission needs to review Resolution 1563 and what items the Commission would like to discuss to reopen City operations and meetings.  Vice-Mayor Thompson stated, by this point it should be in everyone’s mind that if you are experiencing symptoms you stay home and take proper protocol.  I would like to get people back to work as soon as can.  As far as meetings, we can space chairs for distancing and only allow people for spaces we have.  Mayor Garcia asked, can someone monitor temperature of people coming in to prevent germs?  Andrew stated, we do not have a thermometer.  Commissioner Brumbaugh stated, as long as we do what Governor requires we do not need to do special things.  Andrew stated, a lot of this is common sense if you do not feel comfortable do not attend the meeting.  You have the ability to participate and view live stream.  Mayor Garcia stated, good discussion to have with County Commission.


  1. City Manager – 1.  Majority of City staff was back today and off shift differential.  We are keeping utility workers on shift differential for two weeks to make sure in good place.  We are looking at May 18th to open City Office if possible.  We need to make sure we are here for community.  2.  April sales tax is up from last year about $13,000.  They are two months behind so May will be indicative of March sales and we will see what happens after that.  Biggest driver was February was up from last year, which was holiday shopping.  3.  Motel 7 contractor ran into asbestos that should have been abated by Associated Insulation when they were contracted.  They were contacted to remove the asbestos and Mike Yarger continues with demolition.  4.  Street project is proceeding nicely, they will be on 15th Street next couple weeks.  5.  We have forty eight non pay utility accounts that are past due for April.  This is up, but not horrible.  The number has come down from earlier in the month.  We continue putting out information to help people and encourage people to pay what they can.  6.  We had a major state wide event this last week with the incident at 15th and Kansas.  We brought in many Kansas Highway Patrol Special Forces from across the State to assist with incident.  The police responded and all local emergency crews worked together well.  A lot of praise on how situation turned out.
  2. Commissioners

Vice-Mayor Thompson – 1.  No Report 

Commissioner Brumbaugh – 1.  No Report 

Commissioner Howard – 1.  No Report 

Commissioner Farris – 1.  There is a pile of dirt at Water Treatment Plant, why not get rid of it?  See if Mike Yarger wants it and give it to him. 

  • Mayor 1.  I appreciate everyone’s support to control the spread of COVID-19.  On those that have contracted it, how do we insure the people they have come in contact with are contacted?  Andrew stated, Sherman County Health Department is made aware of all cases and they back track and make contacts, then monitor contacts for additional cases.  County can order quarantine of these people but it is handled at the County level.  If you have been in contact with someone with a COVID case, you would be contacted.  We have had staff help contact people if need but it is a County role.  Mayor Garcia stated, I appreciate County Health keeping us informed.


  • Executive Session – Under the authority of KSA 75-4319(b)(6) for preliminary discussions relating to the acquisition of real property –   Mayor Garcia made a motion at 6:20 p.m. to recess into executive session under authority of K.S.A.75-4319 (b)(6) for preliminary discussions relating to the acquisition of real property not to exceed fifteen minutes.   I request the Commission and City Manager be present. Commissioner Howard seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 6:35 p.m. 
  • Executive Session – Under the authority of KSA 75-4319(b)(1) for personnel matters for nonelected personnel –   Mayor Garcia made a motion at 6:35 p.m. to recess into executive session under authority of K.S.A.75-4319 (b)(1) for personnel matters for nonelected personnelnot to exceed twenty minutes.   I request the Commission and City Manager be present. Commissioner Howard seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 6:55 p.m. 

ADJOURNMENT WAS HAD ON A MOTION Commissioner Brumbaugh seconded by Commissioner Howard.  Motion carried by unanimous VOTE, meeting adjourned at 6:55 p.m.  Next meeting is scheduled for May 18th.


John Garcia, Mayor



Mary P. Volk, City Clerk