December 7, 2020 Commission Minutes

December 7, 2020 Commission Minutes

December 7, 2020 Commission Minutes

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Regular Meeting

December 7, 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 Dustin Bedore – Director of Electric Utilities, Frank Hayes – Chief of Police, Joshua Jordan – IT Director, Kenton Keith – Director of Streets and Facilities, Neal Thornburg – Director of Water and Wastewater, Danny Krayca – Director of Parks, Brian James – Fire Chief, Mary Volk – City Clerk and Alan Lanning – City Manager.

Mayor Garcia led Pledge of Allegiance


  1. Conditional Use Permit: 908 Broadway – Mayor Garcia opened public hearing at 5:00 p.m.  Zeb Smith stated, my girlfriend owns the lot, her mother Regina Oldham is present.  This is an old house torn up by renters so I want to turn it into storage units.  Brian stated, the property is zoned C-2, Downtown District Area.  The lot is between 9th and 10th Street on Broadway, south of the library.  The west side of the street is zoned C-2 while the east side is zoned R-1.  In order to have storage units in a C-2 district, property owner has to apply for a conditional use permit to be approved by the Commission.  The downside to this is he will tear down a house and build units between two residential houses.  I have received negative comments for the conditional use permit from neighbors and they indicated they would appeal decision if approved.  They have fourteen days to appeal the Commission decision.  Vice-Mayor Thompson asked, how wide is the lot?  Brian stated, it is fifty feet wide, then allowing ten feet on each side, they would build on thirty feet.  Commissioner Howard asked, would there have to be fences put up?  Brian stated, that is decided by the Commission as a condition of the conditional use permit.  Mayor Garcia stated, for storage units that is a very narrow space to get into units.  Brian stated, correct they will have to walk to access units.  Commissioner Brumbaugh stated, my concerns are the neighbors.  Brian stated, I agree, the process is to publish notice in newspaper twenty days prior to hearing and send letters to property owners within three hundred feet of property.  Commissioner Farris stated, I have heard some neighbors not wanting it.  Vice-Mayor Thompson asked, in a C-2 District if he decides to tear down the building, can he put in a business?  Brian stated, yes as long as business is within code requirements.  Vice-Mayor Thompson asked, why is the block zoned C-2 when it is all residential houses?  Brian stated, I am unaware unless in 2002 when they rezoned City of Goodland that was part of their future land use.  There is a commercial building at 10th and Broadway.  Mayor Garcia stated, remember the Commission adopted an ordinance that requires a driveway, with aesthetics on structure being correct.  Brian stated, that is where conditional use permit comes in.  Vice-Mayor Thompson asked, are conditional use permits for garages?  Brian stated, a C-2 district requires half the building be brick for aesthetics.  Mayor Garcia stated, for a conditional use permit the vote has to be a unanimous decision.  There will be investment on the property either way.  There have been concerns from neighbors.  Vice-Mayor Thompson asked, do you know the size of your structure?  Zeb stated, a 30×17 building with a shop and storage.  Mayor Garcia closed public hearing at 5:12 p.m.
  2. Rezoning of 1611 Kansas Ave. – Mayor Garcia opened public hearing at 5:12 p.m.  Alan stated, purpose of hearing is to rezone property from an R-1to C-1.  Zeb stated, this house is in bad shape and the foundation has caved in.  I would like to tear down house and put in storage units.  I would like to buy the neighbor’s lot but am unable to get in touch with property owner.  I would like to put storage units in the entire block.  Vice-Mayor Thompson stated, a lot of 17th Street is already zoned commercial.  Commissioner Howard stated, this is only half the block, other half is zoned commercial.  Commissioner Brumbaugh asked, did you send letters to neighboring properties?  Brian stated, yes and the only call I received was Joe Diaz because he was thinking of doing same thing at Sherman Street.  Commissioner Howard asked, how big are units?  Zeb stated, as big as you will let me.  Mayor Garcia closed public hearing at 5:15 p.m. 


  1. Joni Guyer cemetery caretaker stated, I am asking permission to put my own camera system up at the cemetery, which entails tapping into City WIFI.  I feel the more eyes we can get, the better off we will be.  The County Commission gave City permission to put a camera on their light pole outside cemetery.  We have a lot of people noticing when people are in cemetery.  Commissioner Howard stated, I have no problem with it.  Commissioner Farris stated, sounds good to me.  Joni asked, do I need my own WIFI?  Josh stated, it is my understanding with a public facility you do not want a private system tapped into your WIFI.  They have had same conversations for other locations.  Alan stated, during public comment I would ask the Commission not to take action on the discussion.  It would be appropriate to have staff review possibilities and bring recommendation back to Commission.  Mayor Garcia stated, you are correct, I would ask Alan to work with Josh on recommendation to bring back to Commission.  Joni stated, you need to look at the gap with County Commission.  When the City has a surveillance system in place, is it being monitored?  There is no contract with the County to monitor the cameras so there is a gap where you need to work with County Commission.  We need to work together to figure out who is in charge of surveillance.  If a business owner puts up their system that is not being monitored, it does not work. 


  1. 11/13/20 Special Commission Meeting Minutes
  2. 11/16/20 Commission Meeting Minutes
  3. 11/18/20 Special Commission Meeting Minutes
  4. 11/23/20 Special Commission Meeting Minutes
  5. Appropriation Ordinances: 2020-23, 2020-23A, and 2020-P23
  6. Approval of Library Contract 2021

ON A MOTION by Commissioner Brumbaugh to approve Consent Agenda seconded by Commissioner Farris.  MOTION carried on a VOTE of 5-0.


  1. Ordinance 1736: Conditional Use Permit at 908 Broadway Ave. – Alan stated. I do not know what the long term plan is for this corridor, but it needs to be considered.  Vice-Mayor Thompson stated, property is zoned C-2 for whatever reason, so a conditional use permit is required.  It is currently zoned properly so I do not see reason not to grant.  If there is an issue with the zoning of this block that is a separate issue.  Commissioner Brumbaugh stated, I am open to the zoning change at 1611 Kansas but I have concerns with 908 Broadway.  The situation at 1611 Kansas is different and would be an update for the area.  I am not in favor of the conditional use permit.  Commissioner Howard stated, I am not in favor of this, feel we need to look out for residents in area.  I know it is properly zoned but I would not want it out my back door.  I would approve 1611 Kansas.  Commissioner Farris stated, I say no to 908 Kansas and yes to 1611 Kansas.  Mayor Garcia stated, we have heard concerns from commission.  I welcome people to invest money in community but I received a lot of calls on this property.  I have a hard time with the building dimensions, but my main concern is this is right in the middle of a residential area.  I extend gratitude for your investment in the community.  ON A MOTION by Mayor Garcia to approve Ordinance 1736: Conditional Use Permit at 908 Broadway Ave. seconded by Commissioner Farris.  MOTION failed on a VOTE of 1-4 with Mayor Garcia, Commissioner Howard, Commissioner Farris and Commissioner Brumbaugh casting the dissenting votes.
  2. Ordinance 1737: Rezoning of 1611 Kansas Ave. – Alan stated, this ordinance is to rezone area from R-1 to C-2.  ON A MOTION by Commissioner Farris to approve Ordinance 1737: Rezoning of 1611 Kansas Ave. seconded by Commissioner Howard.  MOTION carried on a VOTE of 5-0.


  1. CMB Licenses 2021 – Alan stated, this is the annual renewal of CMB licenses.  Brian stated, Chief Hayes has done background checks and I have completed fire inspections on properties.  Walmart and Dollar General did not pass fire inspection and Chief Hayes received the application for Travel Shoppe late so has not been able to complete background check.  These are same issues as in past years.  We recommend Commission approve renewal of all applications, contingent on Walmart and Dollar General passing fire inspections and Travel Shoppe #6 passing background check.  ON A MOTION by Commissioner Howard to approve application for consumption on the premises for Pizza Hut and applications in original and unopened containers, not for consumption on premises for Corner Market, Casey’s General Store, 24/7 Travel Store, Cowboy Corner Express, Walmart, Dollar General and Travel Shoppe #6 contingent upon approval of fire inspections and background checks seconded by Commissioner Farris.  MOTION carried on a VOTE of 5-0. 
  2. KDOT Cost Share Engineering Agreement – Alan stated, this is the Cost Share Agreement for engineering with EBH for Street Improvements in conjunction with KDOT Cost Share Program.  Andrew Brunner, EBH Engineer stated, the agreement is for the cost share project on 17th Street between Montana and Sherman and extension of 2nd Street.  Design engineering is City responsibility and construction is paid 85% by KDOT program.  Design engineering expense will be time required.  ON A MOTION by Vice-Mayor Thompson to approve the KDOT Cost Share Engineering Agreement with EBH seconded by Commissioner Brumbaugh.  MOTION carried on a VOTE of 5-0.


  1. Sherman County Community Development Interlocal Agreement– Alan stated, the interlocal agreement is for the City and County to jointly fund Economic Development for one year.  Gennifer House member of Sherman County Economic Development Board stated, members of the board are present.  We were appointed in July and have been meeting monthly to create this agreement.  We are meeting again Wednesday at NWKT College board meeting room.  Our goal is to house at the Welcome Center which we will need an agreement.  This agreement is for funding from City and County.  We are hoping to encompass more for community on economic development.  Mayor Garcia asked, is the 501 (c) 3 created?  Gennifer stated, this is the Interlocal agreement; that paper work will be filed next week.  Mayor Garcia stated, the County Commission is reviewing agreement at meeting tomorrow.  Gennifer stated, the County Attorney has reviewed agreement so we could bring to City.  Mayor Garcia stated, the agreement addresses concerns we want to accomplish.  Alan stated, this includes CVB and Chamber of Commerce.   Gennifer stated, that is correct.  Gennifer introduced board members present: Gennifer House, Jacque Livengood, Ben Schears, Amy Sederstrom, Rachelle Standley and Steven West. 
  2. Review of Board Applicants – Alan stated, applications for appointments to the Airport and Museum Board are included in your packet for review.  Consensus of Commission is bring back to next meeting for approval.    
  3. Insurance Consultant Discussion – Alan stated, item is on agenda to inform Commission that I would like to delay item until January 4th meeting, then approve insurance on January 18th.  I read Andrew Finzen’s comments from previous meetings and have talked to both entities.  PIC is coming to visit personally.  This is an important decision and it behooves you to move to a later meeting to allow me time to give a better presentation.  I feel we are fine in terms of the insurance renewal.  Commissioner Brumbaugh stated, I am fine with the delay.  Vice-Mayor Thompson stated, both entities have made it clear the earlier we make decision on insurance, the better.  Will that prohibit getting the best quote for our insurance?  Alan stated, I do not believe that is an issue.  Given past experience they have a pretty good idea who is quoting.  Commissioner Howard stated, I am fine with decision but we are getting same service, no matter who we go with.  It will cost money to get out of PIC contract and need to consider employees being comfortable with decision.  We have trouble finding employees right now but need to keep employees comfortable.  Commissioner Farris stated, we need to look into both consultants.  Vice-Mayor Thompson stated, I agree with Commissioner Howard, we have been looking into this for six months.  Commissioner Farris stated, you have not been dealing with Rhonda for fourteen years.  Vice-Mayor Thompson stated, that is correct but I have yet to hear a bad complaint about Rhonda from the staff.  Staff is stressed about this decision.  I agree with Commissioner Howard.  Commissioner Howard stated, you are looking at just changing consultants but why are you changing if you have insurance?  How much will it cost to get out of PIC contract?  We are supposed to be looking out for the City money.  Alan stated, I will have other things to consider beyond medical insurance.  Mayor Garcia stated, we have been discussing for six months and been going back and forth.  I feel we have been very open minded dealing with consultant services.  I know and understand we have delayed formal action to be fair about decision.  After listening to Alan at last meeting he is well educated in the insurance arena.  We hire him to look out for the good of the City.  He will bring a recommendation back to Commission.  He is the new manager and we will rely on his expertise.  He has asked for delay, consensus of Commission is to delay item until meeting on January 4, 2021.    


  1. City Manager – 1.  Alan asked, what questions does the Commission have of me?  Mayor Garcia asked, how has it been going?  Alan stated, well, I had a meeting with staff, been reading zoning code and started charter code documents.  I am making list to bring back in January with questions and recommendations going forward to try to get stuff done.  Mayor Garcia asked, have you looked at budget?  Alan stated, I have looked at it but not a lot.  I have ideas as to how it is laid out.  There are always places to find a little money.  Right now I am trying to find stuff on my computer.  Mayor Garcia asked, have you met all the department heads?  Alan stated, yes and we have a department head meeting in morning.  The Commission will be seeing a new form that will standardize and answer questions for items on the agenda.
  2. City Commissioners

Vice-Mayor Thompson – 1.  If someone is trying to find contact information on the website about the Commission, the information is not there.  I feel information of who we are with our City email should be available on website.  Mayor Garcia stated, that is a good point, it used to be that way.  I feel we need to work on information. 

Commissioner Brumbaugh – 1.  Holiday lights look good, I appreciate the extra effort from employees. 

Commissioner Howard – 1.  Thank you to City employees for all you do, especially this time of year. 

Commissioner Farris – 1.  No Report 

  • Mayor 1.  Thanks for what Commission does and thank you Alan for your input.  Have a lot to deal with in coming months.  Where did you find swags, they look good?  Dustin stated, Suzanne McClure purchased them; they were all three up last year.

ADJOURNMENT WAS HAD ON A MOTION Commissioner Brumbaugh seconded by Commissioner Farris.  Motion carried by unanimous VOTE, meeting adjourned at 5:56 p.m.  Next meeting is scheduled for December 21, 2020.


ATTEST:                                                                               John Garcia, Mayor


Mary P. Volk, City Clerk