March 18, 2024 Commission Minutes

GOODLAND CITY COMMISSION

Regular Meeting

March 18, 2024                                                                                                                         5:00 P.M.

Mayor Aaron Thompson called the meeting to order with Vice-Mayor J. J. Howard, Commissioner Jason Showalter, Commissioner Ann Myers and Commissioner Brook Redlin responding to roll call. 

Also present were Dustin Bedore – Director of Electric Utilities, Jason Erhart –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, Zach Hildebrand – Code Enforcement/Building Official, Jake Kling – City Attorney, Mary Volk – City Clerk and Kent Brown – City Manager.

Members present from Planning Commission were Matt McKenzie, Wallace Hansen, Mary Ellen Coumerihl and Dennis Snethen. 

Mayor Thompson led Pledge of Allegiance

PUBLIC COMMENT

1. Craig Loveless, CEO provided an update to the Commission for GRMC.  Craig stated, our contractual services continue to run high which is a concern.  Many services are moving to outpatient and 87% of our total revenue is outpatient services.  We are starting third year of our three-year strategic plan.  Thanks for all the community support.

CONSENT AGENDA

1. 03/04/24 Commission Meeting Minutes
2. Appropriation Ordinances: 2024-06, 2024-06A, and 2024-P06

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

PRESENTATIONS & PROCLAMATIONS

1. 911 Appreciation Week Proclamation – Mayor Thompson proclaimed the week of April 14- 20, 2024 as National Public Safety Telecommunications week in the City of Goodland to honor the men and women whose diligence and professionalism keep our city and citizens safe.

ORDINANCES AND RESOLUTIONS

1. Resolution 1627: Set Public Hearing Date for Distance Waiver for 1222 Main Avenue – Kent stated, we received a petition from owners of The Rec Room.  Neil Watson and Alison Griffith signed a petition for a waiver on distance limitations at 1222 Main Ave.  Neil stated, we are looking to create The Rec Room with shuffleboard, pool tables and other games.  We will have party room and serve sodas and beer.  Hours we are considering are Wednesday through Sunday 4-10 and possibly earlier hours on Sunday.  Mayor Thompson stated, it is exciting when people open a business.  Will you be serving food?  Neil stated, more pizza and fried foods.  Commissioner Showalter stated, I appreciate your entrepreneur spirit.  Kent stated, with petition there is a distance limitation to serve alcohol and liquor within 200 feet of a school, church or library in Chapter 3 Section 102 of code.  This location is within distance to Central School and the Episcopalian Church.  Code allows the owner to have a waiver approved by the commission following a public hearing.  This resolution sets public hearing date on April 15, 2024.  ON A MOTION by Mayor Thompson to approve Resolution 1627: Set Public Hearing Date for Distance Waiver for 1222 Main Avenue seconded by Commissioner Showalter.  MOTION carried on a VOTE of 5-0. 
2. Resolution 1628: Set Public Hearing date for Petition for Deannexation – Kent stated, we received a petition from Zekke Beringer and Jill Beringer March 15^th requesting deannexation of Goodland Energy Center lots 15 ,19, 20, 21 and 22.  Resolution sets public hearing on April 15, 2024 for the deannexation request.  ON A MOTION by Commissioner Showalter to approve Resolution 1628: Set Public Hearing date for Petition for Deannexation seconded by Commissioner Redlin.  Mayor Thompson stated, lots have been a discussion topic for several years.  The City does not offer any services in the area.  MOTION carried on a VOTE of 5-0.

FORMAL ACTIONS

1. Renewal of Property/Liability Insurance – Jacque Livengood from Eklund Insurance stated, the City’s insurance policy for property and liability expires March 31, 2024.  Last year was a rather large increase and this year a minimal increase.  Commercial insurance probably did not go up as much as residential insurance in 2023.  I feel optimistic with 2024 renewal.  EMC did increase a few things.  The property went up 8%, power plant and linebacker went up 10% and the surprising one is inland marine that went up 7%.  Remaining lines went up less than 5%.  Last April I brought the City a dividend check just over $38,000.  KMU program was profitable so should see another dividend check this year.  We made some changes to the policy over the year.  In addition, we added $10,000 in value to each police unit to ensure equipment in each unit is insured.  Biggest change is wind and hail deductible changed to $50,000.  They wanted $75,000 deductible but will approve City at $50,000.  Deductible for power plant is $75,000 and they are not willing to adjust.  EMC is the only company that will write power plant policy.  Values on personal property and buildings all changed.  You do have a 100% co-insurance limit.  Property values are at replacement cost.  The co-insurance gives you a lower rate but holds city accountable.  I have discussed options with Kent and Mary.  We switched the street sweeper and a trailer to the auto section of policy where they should be but there are no changes to liability policy.  Cyber insurance premium decreased because you have a different carrier.  I provided you with information on all insurance extensions.  Business income limit is $1,000,000, is that enough to keep city going if there is a total loss.  Is the $500,000 in outdoor property enough coverage for city property?  I always look at other markets to quote insurance.  I feel EMC is reliable and great service to City.  Mayor Thompson stated, you answered the deductible increase.  It is substantial but if that is all they are willing to allow.  Jacque stated, when you look at the level of insurance the city has, the owner has to be able to sustain small losses.  Commissioner Showalter asked,  the violent offence information is included in packet, is coverage available?  Jacque stated, it has always been in your coverage.  ON A MOTION by Mayor Thompson to approve the renewal of property/liability insurance with EMC Insurance for a premium of $481,028 seconded by Vice-Mayor Howard.  MOTION carried on a VOTE of 5-0. 

DISCUSSION

1. Industrial Park Lot: Lease Agreement Proposal – Kent stated, the proposed lease with Raul and Lisa Rodriguez is for lot three, block four of the Goodland Industrial Park.  They have some questions about leasing the property because it will require a couple property improvements.  Nutrien Ag completed the entrance in their property lease.  I provided Lisa and Raul numbers for the City to improve the entrance to the property.  Lisa stated, we actually would like to purchase the property because of investment to put in utilities and entrance.  We would like to put a building on lot.  Mayor Thompson asked, what is your business?  Lisa stated, truck hauling for commodities.  We have a commercial shop between 16^th and 17^th Street but our neighbors are upset with truck traffic.  We are trying to come up with alternatives for our current location.  Mayor Thompson asked, how would you use the building?  Lisa stated, to park and service trucks.  We are trying to keep peace in the neighborhood.  We haul for Nutrien Ag often and a two-acre lot will be enough to park and service trucks.  Raul asked, how wide is an acre?  Kent stated, each lot is two- acres.  Mayor Thompson stated, my concern with selling lot is our vision for the industrial park is to have larger businesses with more employees.  How big is your business?  Raul stated, right now three employees.  Mayor Thompson stated, you have a good commercial business but it is smaller than we vision in the park, which is my concern with selling the property.  I have no issue with a lease and I understand your concerns with expenses involved to improve property that is leased.  Lisa stated, our business could continue to grow.  Our idea is to locate business in a commercial area and help neighborhood.  Mayor Thompson asked, is the concern noise?  Lisa stated, it is trucks and the noise.  We have the option of the land across from our business but it does not settle neighborhood problem.  Commissioner Redlin asked, what about our property on Highway 24 would you be interested in that?  Lisa stated, I did not know there was property available.  Vice-Mayor Howard stated, I have no problem with either property especially if you build a building because it is tax property for community.  The commission needs to decide what they want to do.  Commissioner Showalter stated, we have a vision to expand and build up the park.  I want to see the building improvement but not a parking lot.  I have no concern with industry but want to generate economic activity in industrial park.  Lisa stated, we will set up a meeting with Kent to look at other property and let commission make a decision. 
2. Creating more Housing Choices: Barb Cole, CMI –Kent stated, due to the length of discussion to follow-up on the summary report and recommendations, discussion will follow commission reports.

REPORTS

1. City Manager – 1.  Manager memo is in the packet.  2. Police monthly activity report is in the packet.  3.  Diesel fuel tank at City Shop was shut down by the State due to a leak in our pump.  Kenton stated, we had our annual inspection and found a line that failed leak test.  At the same time the State inspector was here and later shut the diesel tank down.  Friday we opened concrete for them to assess the situation today.  Luckily, it was the flex line at the pump area so they repaired and pumps are running again.  State inspector indicated our tanks are aged and we could apply for a grant that will cover $100,000 to replace tanks, but our quote exceeded $350,000 so we will start putting item in budget.  Inspector did not find a problem that the fuel seeped but still have to turn information into the state.  We have options if submersible pumps go out in the future.  Things could change but it will not cost what they first quoted.  We cannot replace concrete until vendor does a liquid line test.  Westhusings will be out next week to complete test.  Commissioner Redlin asked, what happens if they find fuel in soil?  Kenton stated, they would have to do an assessment and mitigation to isolate situation, which could be expensive.  4.  The Airport Board discussed a fuel storage facility because different people are requesting it.  Our current agreement is with the FBO and they are looking for a KDOT aviation grant for above ground fuel storage.  This could be in addition to existing tanks or replace tanks.  The new location would be more convenient for pilots on the tarmac.   5.  The Parks Department is putting up a small shade structure at the pool similar to existing pool shade structures.  Danny stated, I ordered a 14’x22’ navy structure for half the concession area and some of shallow end of pool.  This has been a request from pool manager last few years.  It is five to six week delivery.  Kent stated, the pool impellers have arrived and the valves should be in shortly to get them in before season.  6.  With the low bid received for the BASE Grant, we have been in conversation with the State.  They have asked the City to try utilizing all grant funds by extending the industrial park project for the Grant.  The engineer is contacting our contractor to see if they can expand project.  This provides possibility to do the entire road.  We will have to have any change in contract approved by commission.  7.  Eagle Med has requested an office addition to the airport hangar leased from the City.  I think we found an alternative with the city hangar that is leased to Butterfly Aviation next to it that has an office area that is not utilized.  They are looking at option and if they approve we will amend their lease agreement.  8.  Chief received a phone call from Senator Moran.  Jason stated, Senator Moran called regarding the award of a $61,000 grant to replace our portable radios.  He will be out to tour our facility and present us the check. 
2. City Commissioners

Vice-Mayor Howard – 1.  No Report 

Commissioner Showalter – 1.  No Report 

Commissioner Myers – 1.  I appreciate Kent’s weekly report since I have been travelling. 

Commissioner Redlin – 1.  No Report 

• Mayor Thompson– 1.  No Report 

Creating more Housing Choices: Barb Cole, CMI – Barb Cole and Bob Haywood form Community Matters Institute (CMI) were present for discussion.  Barb stated, Bob is an economic development specialist that has worked in industrial parks in several countries.  Barb stated, the city code has not been exercised and the City has not had a lot of development.  The commissioners have agreed on the idea of ADU’s, the need for housing that is one level for elders, tiny homes, apartment buildings and that people want less yard.  We met with Julica Oharah this afternoon.  Scoular is moving quickly; hoping to have 100 new employees by end of year.  The tire company needs 25 new employees by end of year, with more next year.  Scoular hired a group called Housing Grows Partners to try to get housing moving quickly and focusing on modular type homes.  Commission request was to meet with CMI in person and determine how to attack code revisions and the cost for revisions.  CMI is a not for profit organization and we work with many small towns by coaching from the sidelines. 

With have learned that we can work together to review the codes and make revisions.  You want code as easy for Zach to administer as possible.  Since COVID, we have learned it is easier to complete work virtually rather than incur costs to travel, like in the past.  We have completed a number of critical code updates for numerous communities.  For Goodland the updates need to be quick and a place to start is residential zone districts and setbacks. 

There are 37 recommendations needing addressed.  We have demonstrated the challenges to staff of making simple changes.  For example, many inconsistences in the code make it hard for staff to administer the code.  Definitions for all types of housing need to be consistent and without rules.  Everyone wants ADU’s and feel it is a priority action to address.  You already have a lot of ADU’s in town.   Current code has increased size of lots to 8,400 square feet and 50% lot coverage, which is inconsistent with the change to minimum lot size of 7,000 square feet.  Consistency is critical for ADU’s and dwellings pertaining to the size, setbacks and design standards.  We need to address what the city wants to enforce.  If you have it on the books and are not enforcing get rid of it. 

The International Building Code measured height different from the zoning code, so what rule do you use?  Spell it out in the code for easy administering.  A simple change made to setbacks in the past led to additional issues in Section 19-502-use standard.  If you are going to grow, code must be simple.  With limited staff and new development keep it simple and make sure rules are consistent.  City code regulations for R1 have principal uses by right, accessory uses by right and conditional uses.  I would recommend uses be incorporated by zone and eliminate inconsistencies in Sections 19-501 and 502.      Goodland code standards for manufactured homes are ancient.  They need to comply with codes for each residential district to be consistent for everyone and easy to follow.  Your dimensional requirements and specific development standards should be unique to each zone district that apply to all structures regardless of how built.  A popular response was for C-2 districts that should promote more mixed-use development.  Very simple zoning changes can be made.  Your current zoning map does not have the correct colors but that is easy to correct so its development friendly.  Also in the C-2 district, you can change parking requirements or reduce number spaces needed per unit.  Parking does not have to be directly on the lot.  Other options are joint lease parking or consider on-street parking credits. 

The big question is the total cost to complete process.  It is impossible to estimate with the inconsistencies in current code.  Need to determine how much staff can handle making changes to code then send information to us for review.  Do you want to tackle all critical recommendations at once?  You have many areas that you may change and it will start a ripple effect.  I suggest a not to exceed contract to proceed at this point.  We want to proceed to a coaching from sideline format.   I suggest you go through a schedule showing time it takes to make one simple change.  Kent stated, we went over a sample ordinance and you see the comments from Barb.  Once staff gets through making recommended changes to ordinance, it will take time for hearing, planning commission review and make recommended changes to the city commission.  You want to avoid shuffling the ordinance between the planning and city commission.  We made a timeline on how we feel the process should occur to ensure the planning commission does not approve changes then the city commission sends the ordinance back for additional changes.  We recommend city commission review changes then send ordinance to planning commission to review and hold hearing.  The recommendations will be ready for commission approval.  It will take 45 to 60 days to approve each ordinance.  Barb stated, you do not want to be in position where you do not have housing and they leave Sherman County, but I feel Scoular and the tire co will not go elsewhere.  Barb questioned if City uses incentives.  Bob stated, you want to offer incentives that help you. 

Barb asked how commission would like to proceed.  Kent stated, we provided a chart showing most recommendations require staff or staff with CMI review, but it will take time.  Barb stated, many of the recommendations we have done before so we have examples to provide staff to select what best-fit community needs.  Kent stated, recommendations would be submitted to both the city and planning commission to review.  Mayor Thompson stated, I feel our priority should be residential codes.  Barb asked, so you are saying clean up R1 and R2 including ADU requirements.  Where will multi-housing dwellings fit?  Many felt that was a need for the community.  Is there a need for it right away?  Mayor Thompson stated I do not feel it is as pressing of an issue as single-family dwelling.  Barb stated, politically it is not your job to pick the property but to create the zoning.  Can you start with R1 and R2, clean up the definitions, then see where you are?  You need to focus on eliminating information that does not apply or makes it difficult to administer.  Mary Ellen asked, could multi and single-family dwellings overlap?  Barb stated, the requirements are not the same.  My concern with R2 is whether the land will be developed.  Kent stated, before you have the hearing you want all questions addressed before finalizing ordinance.  Matt stated, I agree with Mayor Thompson, our priority is residential.  I look at the local contractors and we do not have contractors that can complete the big projects.  They can address ADU’s and the small projects.  Modular homes would fit in residential zoning and we can get housing projects started.  Kent stated, I am not hearing objections, let staff work on residential and ADU’s with CMI to move forward.  Their contract had an hourly rate to charge or we can approve a new contract.  Mayor Thompson stated, the rate would be the same in new contract so I would consider moving ahead.  Barb stated, in working with Kent and Zach they will get familiar on how they can move forward. 

ADJOURNMENT WAS HAD ON A MOTION BY Commissioner Redlin seconded by Commissioner Showalter.  Motion carried by unanimous VOTE, meeting adjourned at 7:40 p.m.  Next meeting is scheduled for April 1, 2024. 

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ATTEST:                                                                                Aaron Thompson, Mayor

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Mary P. Volk, City Clerk