November 18, 2024 Commission Minutes

GOODLAND CITY COMMISSION

Regular Meeting

November 18, 2024                                                                                                              5:00 P.M.

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

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, Jake Kling – City Attorney, Mary Volk – City Clerk and Kent Brown – City Manager.

Mayor Thompson led Pledge of Allegiance

PUBLIC COMMENT

PRESENTATIONS

1. Waterworth Presentation – Dylan Green with Waterworth gave a presentation on the Continuous Utility Rate Management software for city utilities.  Dylan stated, this is cloud based solution.  I have had a number meetings with Kent to get an idea of commission goals.  Waterworth gives you the ability to invest in your utility system and a communication tool to tell your story with cash, debt and capital wealth.  It allows you to identify your needs for revenue and see long term effect.  You understand the need to be proactive with forecasting.    Mayor Thompson stated, I like the visuals and options it provides.  Commissioner Showalter asked, what does the service cost?  Kent stated, for two utilities it is right over $9,000 or $12,000 for three utilities.  We are planning to start with water and electric.  Commissioner Showalter asked, is this an annual or one-time fee?  Kent stated, an annual fee but can discontinue software anytime we determine it does not help city.

CONSENT AGENDA

1. 11/04/24 Commission Meeting Minutes
2. Appropriation Ordinances: 2024-22, 2024-22A and 2024-P22

ON A MOTION by Vice-Mayor Howard to approve Consent Agenda seconded by Commissioner Myers.  MOTION carried on a VOTE of 4-0. 

ORDINANCES AND RESOLUTIONS

• Ordinance 1789: Rezone 425 Center Avenue from R-1 to D-MU – Kent stated, Planning Commission conducted a public hearing for zoning change from R-1 to D-MU to open a business.  We received several comments before meeting, considered information and unanimously recommended approval of rezoning.  Brian Morales, property owner stated, we purchased property ten years ago.  We want to establish a coffee house, similar to Clark Crossing a few years back.  We renovated the basement into a home and would like to turn main floor into a business.  Kent stated, Planning Commission approved the request because they want to do good things in Goodland and it will provide another gathering space.  There were a couple concerns with future use of business but commission did not want to stand in the way of business progress.  Commissioner Showalter asked, does this change require notification to neighbors?  Kent stated, yes, that is why we received questions but once we explained what they were doing, the comments were positive.  Commissioner Myers stated, it is similar to Clark Crossing coffee house.  Kent stated, yes, and there was a zoning change done for them.  Commissioner Myers stated, I like the new business idea and being able to work from home.  ON A MOTION by Commissioner Showalter to approve Ordinance 1789: Rezone 425 Center Avenue from R-1 to D-MU seconded by Vice-Mayor Howard.  Vice-Mayor Howardstated, it is nice to see younger generation moving back to Goodland and wanting to improve older buildings in town.  MOTION carried on a VOTE of 4-0.
• Ordinance 1776: Adopting and Amending Section 19-202 Definitions – Kent stated, the Planning Commission worked hard on this ordinance.  It started as definition of Accessory Dwelling Units but became much more to clean up definitions.  Zach and I put together a list of the definition changes.  The Planning Commission reviewed ordinance, held public hearing and recommend approval.  Commissioner Showalter asked, is there specific language for Air BNB’s?    Kent stated, we included information with bed and breakfasts and other related businesses in general.  Matt McKenzie, Planning Commission Chairman stated, we tried not to use Air BNB language as that is a business, but similar to bed and breakfast so included in that section.  Commissioner Showalter stated, I appreciate all your work.  It has taken a lot of meetings and time.  ON A MOTION by Mayor Thompson to approve Ordinance 1776: Adopting and Amending Section 19-202 Definitions seconded by Commissioner Showalter.  MOTION carried on a VOTE of 4-0.
• Ordinance 1790: Amending text for Section 19-501 Use Table – Kent stated, the use table was changed to match definitions in Section 19-202.  Basically it outlines use regulations with zoning districts to determine whether use is permitted, conditional or other use.  Planning Commission reviewed many regulations in the table.  The commission default is if no certainty but want to allow, it became a conditional use in the district.  A conditional use may take extra time and a little extra cost but it informs neighbors what is going in neighborhood.  The changes in the use table are for residential, commercial and quasi-public or recreational uses.  Many times it is a conditional use, not a permitted use.  Commissioner Showalter stated, this should make it easier for people with projects and requirements.  ON A MOTION by Mayor Thompson to approve Ordinance 1790: Amending text for Section 19-501 Use Table seconded by Commissioner Myers.  MOTION carried on a VOTE of 4-0.
• Ordinance 1791: Amending Text for Section 19-502 Use Standards – Kent stated, these three ordinances for definitions, use table and use standards work together.  Standards are referred to in ordinance which started because of Accessory Dwelling Units.  Kent provided a list of the changes to the Commission.  Matt stated, the Planning Commission worked to simplify wording and align definitions, eliminating rules previously outlined in definitions.  Many changes were to make it easier for enforcement.  ON A MOTION by Mayor Thompson to approve Ordinance 1791: Amending text for Section 19-502 Use Standards seconded by Commissioner Showalter.  MOTION carried on a VOTE of 4-0.

FORMAL ACTIONS

1. Viking Industrial Painting: Power Plant project invoice – Neal stated, they changed ladder access inside the tank, mid-rail is now KDHE and OSHA compliant, improved the bases and attached the roof.  The tower looks really good.  The coatings inside of tank were done and once disinfected we were able to fill and use tower.  Commissioner Showalter asked, this is first project to eliminate OSHA and KDHE concerns?  Neal stated, yes and the tower is in a much better shape than it has been in a long time.  ON A MOTION by Mayor Thompson to approve payment in the amount of $69,100 to Viking Industrial Painting for work on the water tower at the power plant seconded by Commissioner Showalter.  MOTION carried on a VOTE of 4-0. 
2. Wolak Building Agreement Amendment – Kent stated, the original building agreement is not what is occurring in reality.  The County is paying 100% of utilities so need amendment to Section 9 of the Wolak Building Agreement in 2012.  ON A MOTION by Commissioner Showalter to approve Amendment No. 1 to the Wolak Building Agreement between the City and County dated November 12, 2012 seconded by Commissioner Myers.  MOTION carried on a VOTE of 4-0.

DISCUSSION

1. 24-7 Travel Store Trash Issue –Liza Marchbanks General Manager stated, I have been manager for seven years.  At that time we had two trash containers, but we have grown a lot.  We added two additional containers, then went to total of five.  We now have eight containers that are dumped every other day.  For manpower, it is a mess to clean up around containers and our lot.  We would like to use a different system with a 30 yard trash compactor.  It will take construction to start, but the compactor will be sealed and contained so trash will not go anywhere once collected.  Hill Trash picks up Walmart compactor which we can dump once a month.  It would be a lot cleaner and feel this is a good way to handle trash.  We will purchase compactor and Hill Trash will pick it up.  It will be located on north side of property away from the road and public view.  Right now dumpsters are located right outside the building.  Mayor Thompson stated, that is a long way to haul trash.  Liza stated, we have carts and it will be more efficient.  If you make the variance for containers 30 yards or more, it will make it easier.  Kent stated, we will need to amend contract with In the Can because code requires them to pick up all trash in the City with the exception of Walmart.  We have contacted In the Can and this works better for them.  Liza stated, this will work better for holiday pickup.  Mayor Thompson stated, it is a great problem to be that busy.  Liza stated, you are right, when I moved to Goodland, I had to work hard to build the business, then they approved a rebuild and not a remodel of the property, which was awesome.  Mayor Thompson stated, it sounds like you need the compactor and 24/7 is willing to bear the cost of the compactor that will clean up the area.  Consensus of commission is to proceed with amending contract. 
2. Fort Hays Northwest Tech Grant Award: follow-up on the MOU for Passive House at 326 Sherman St –Kent stated, Ben Schears previously made a presentation to setup an MOU for a lot owned by the city.  The college wants the construction department to build a house on the lot.  They made application for a grant from Patterson Foundation.  They received word that the college was awarded a substantial grant for the project and is ready for the next step.  Commissioner Showalter stated, the college wanted the MOU to move quickly in program so current students will be a part of the process.  Idea is to have the program self-funded by building then selling house to continue to be able to build another house.  Kent stated, the commission approved the MOU to hold property and now the college would like to proceed to transfer property.  Mayor Thompson stated, we approved the MOU and feel we need to proceed signing property over to college.  Jake stated, the City does not need additional information to proceed. 
3. Beer Garden: Regulations for Future Events – Kent stated, Justin Stasser from Traditions, LLC would like to discuss expanding boundaries of the beer garden during Flatlanders and/or special events.  Justin joined via telephone stating, our beer garden at Flatlanders was a success.  People wanted to take drink down where food was and could not because they had to stay within fenced area for permit.  Events like Octoberfest are not in a fenced area; just required to stay within area of event.  Goal is to have entire area of Flatlanders barricaded but Jason indicated he does not have man power so would like to start with two block area.  Just an idea to start looking at feasibility.  Some people do not want to sit in fenced area.  Mayor Thompson stated, I do not know regulation’s but when you apply you have to show diagram of area.  Justin stated, yes I had to draw a map of area for beer garden.  It is not required by the ABC but is for City.  Mayor Thompson stated, I assume will have to block off area for beer garden.  Kent stated, yes the area has to be identified.  Justin stated, at Flatlanders we used wrist bands showing individual was carded and of legal age.  This will help Police enforcement.  Education will be required to inform public.  Commissioner Myers stated, I am interested in the concept.  When I was on Main Street we had same problem.  Mayor Thompson stated, adjusting area is something to look into, but have to see what commission thinks.  With larger area it is more difficult to enforce.  Justin stated, if combine food with drinks in two block radius everyone benefits.  Consensus of Commission is to look into possibility for the future.   
4. KMEA: Ninnescah Flats Solar Project – Kent stated, KMEA is working on a large solar project and expects to enter into a power purchase agreement to acquire up to 200 MW of electric energy, capacity and ancillary services from Ninneschah Flats Solar project in Pratt, KS.  Right now our power comes from Sunflower Electric, generation and small amount from WAPA.   The project will not be online until 2027 which is after our contract with Sunflower Electric.  This project will be for a small segment of our power with a price ceiling.  Other communities have operated using similar projects but Goodland has not because of our contract with Sunflower Electric.  Power has become very complicated.  Over last couple years KMEA has been discussing projects to help the City.  Dustin feels this is a good consideration for us and would like to have them present at December 2^nd meeting.  The project is being setup so that members who wish to participate will purchase electric energy, capacity and ancillary services from the facility. There is a range as to the amount of power we should commit too.  Dustin feels 2MW is where we should start.  Participation of electric market is that power is produced and put into grid.  We end up with power but not directly from this generation, yet equal to our commitment.  Dustin stated, with our current contract we have been in a spot we cannot look at alternatives but this is effective after our contract with Sunflower Electric expires.  This does not tie us to KMEA but to a commitment of power for 30 years, which is a good rate.  Our WAPA load is 4 to 5MW so I am looking at 2MW so we do not obligate more than we need with our WAPA.  Kent stated, there is urgency because they need to know by the end of 2024 whether Goodland will participate.  They will provide additional information at next meeting.  If Commission is interested it can be approved second meeting in December.  Other cities will be involved.  It is the electric market and based on next day’s source of power.  There will be times it will be favorable and times it will not.  They will inform commission why it seems to be a good tool for many communities.  Mayor Thompson stated, KMEA gave presentation couple years ago about diversifying power which is a good idea.  Consensus of Commission is to invite KMEA to next meeting.   
5. Ordinance 1792: Creating Land Bank Board of Trustees, powers, budgets, etc. – Kent stated, this idea resulted from housing assessment and will be a tool to get non-productive properties improved.  It requires creation of a board of trustees.  The land bank statute states back taxes are removed and current taxes held until property is sold to entity improving property.  We need to have communication with other taxing entities regarding purpose and role of land bank.  I provided a sample ordinance and the Kansas Attorney General’s opinion from 2020 on the exemption of property from taxation.  Over forty communities in Kansas are using process.  We have discussed with City of Pittsburg coordinator and how their program works.  The goal is to move the property and get it owned by someone who will do something to improve property.  It is not to have the property in City’s hands.  Commissioner Showalter asked, I understand by sample ordinance that if someone owed several years of taxes they could not pay, they could donate property to the land bank and the taxes would be forgiven.  Kent stated, yes, the owner does not benefit from sale of the property because it is owned by the land bank.  Commissioner Showalter stated, this gives people another opportunity for assistance with back taxes and to improve property.  Commissioner Myers asked, how is board set up?  Kent stated, the commission needs to decide how to set it up, it will depend what professions you want on board.  Vice-Mayor Howard stated, I think it will be a good tool for Goodland and patrons that want to help community grow.  Commissioner Showalter asked, can we assign the Board of Trustees to the SCCD Board.  Kent stated, I think Commission needs to appoint members.  They may be same members, but need to appoint to properly identify meetings.  Jake stated, it is not unusual to have the Director or the other members as board members.  Many times they may serve both roles but be cautious about stating it is same board.  I feel appropriate that director is member of Board of Trustees.  Consensus of Commission is for Kent to present program to School Board and Sherman County.
6. Follow-up on USD 352 Plans for Career Tech Building at High School and Sales Tax – Mayor Thompson stated, I liked presentation and that they are building new to house programs.  As far as continuing sales tax to pay for it, this is a decision for the community to make and we should not stand in their way to proceed.  Kent asked, does the commission approve Bill giving presentation to Planning Commission.  Commissioner Showalter stated, after the presentation I had one negative comment on the traffic pattern from a citizen that lived in area.  Mayor Thompson stated, it may be an inconvenience, but they are one block from Caldwell which is a main thoroughfare. 

REPORTS

1. City Manager – 1.  Manager memo is in the packet.  2. October police monthly activity report is in the packet.  3.  County is having a tax sale November 21^st and property at 1526 Caldwell is included in sale.  The City recently cleaned up, paid for pest control and demolished property that have not been assessed to property.  Owner of property is deceased.  We have had communication with County Attorney to let perspective bidders know there will be a future assessment of $9,150 on property.  4.  Jasonstated, I have been in contact with CSI Instructor at Fort Hays Northwest Tech that has equipment for a lab, but no room at college to set it up.  We have two kitchens at the police department used for storage so I asked if area would work.  She would like to use the area.  She knows the area is not heated.  If approve, we would need an MOU with college.  The positive side is our officers can also utilize the lab.  Mayor Thompson asked, will we be able to limit access to the remainder of the building for students using the lab?  Jason stated, yes we can control and limit access in facility.  Ben Schears College President is aware of our discussion and excited with coordination.  Consensus of Commission is the lab will benefit both the City and College.  5.  Andrew Brunner, EBH stated, they have started north side sewer line for the Industrial Park project.  Water Department has completed most of their work and just need to connect corners of line and install fire hydrant.  Kent stated, as project is being complete we are receiving inquiries to purchase lots.  We are not finished yet, but will have consideration shortly.  6.  Andrew stated, I discussed 8^th Street project with Kent and Kenton.  The concern is snow removal so feel should look at 40’ street for project.  Current street is 46’ west of Kansas Street and 50’ headed east.  Kent stated, there is still room with 40’ street surface to have sidewalk without impacting properties.  Commissioner Showalter stated, I do not want to argue over 4’ if it fits into project.  Kent stated, Andrew will finish design and bring back for commission to review.  7.  The City owned property west of Topside Manor is mostly vacant but since owned by City feel it is appropriate to annex.  We want to begin timeline with Midwest Electric and if developed in the future it will be inside city.  Mayor Thompson asked, what portion is City property?  Kent stated, from water treatment plant to West 1^st Street.  Mayor Thompson asked, would it also be wise to annex Wheatridge property?  Kent stated, yes I am trying to get in touch with right individual to have discussion.  City would have right because City limit surrounds it on all sides.  Vice-Mayor Howard asked, should we go to highway?  Kent stated, we are limited on size of property can annex unless the owner is in agreement.  Consensus of Commission is to proceed with annexation process.
2. City Commissioners

Vice-Mayor Howard – 1. No Report   

Commissioner Showalter – 1.  No Report   

Commissioner Myers – 1.  No Report   

Commissioner Redlin – 1.  Absent, No Report 

• Mayor Thompson– 1.  No Report   

EXECUTIVE SESSION

1. EXECUTIVE SESSION – Mayor Thompson stated, the Commission does not need an Executive Session.

ADJOURNMENT WAS HAD ON A MOTION BY Commissioner Showalter seconded by Commissioner Myers.  Motion carried by unanimous VOTE, meeting adjourned at 6:40 p.m.  Next meeting is scheduled for December 2, 2024. 

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ATTEST:                                                                               Aaron Thompson, Mayor

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Mary P. Volk, City Clerk