October 1, 2018 Commission Minutes

GOODLAND CITY COMMISSION

Regular Meeting

 

October 1, 2018                                                                                                                           5:00 P.M.

Mayor Brian Linin called the meeting to order with Vice-Mayor Jay Dee Brumbaugh, Commissioner Annette Fairbanks, Commissioner John Garcia, and Commissioner Jacque Schields responding to roll call.

 

Also present were Dustin Bedore – Director of Electric Utilities, Frankie Hayes – Police Corporal, Suzanne McClure – Economic Development Director, Alex Weis – Code Enforcement, Mary Volk – City Clerk, and Andrew Finzen – City Manager.

 

Mayor Linin led Pledge of Allegiance

 

PUBLIC HEARING

1. Ordinance 1717: Off-Street Parking Regulations – Mayor Linin opened the hearing at 5:00 p.m. Andrew stated, a copy of ordinance has been on notice for public input for thirty days.  I have not received any emails.  The changes made were as Commission discussed: depth of gravel reduced from three to two inches; trailers removed from definition of “vehicle”; and added back a maximum of seven vehicles per lot.  Commissioner Garcia asked, this ordinance allows dirt driveways?  Andrew stated, that is eluded to in section F (1) with width restriction.  Minh Huynh citizen stated, the improvements to ordinance are positive.  For safety reasons the public is going to have to park on their lot because of location or number of vehicles.  Seven vehicles seems like a lot but it adds up fast if it is a multi-family household.  When it comes to rules and laws, there are those that make the rule but a separate department enforces the rules.  This ordinance was made by the City Manager and he also has last say on issue per section F (3).  I feel there should be a separate party involved like the Code Enforcement Officer or Commission.  There are no checks and balances.  Mayor Linin stated, section F (3) references only the building line in specific situations.  The Commission oversees ordinance.  If anyone goes to department heads and do not agree with what is said they should come to Commission.  Minh stated, there is no appeals process outlined in ordinance so I did not understand that point.  Andrew stated, this ordinance goes through Municipal Court process.  Minh stated, section D says vehicles cannot park on side yard but some people have small trailers and need area to park.  Mayor Linin stated, we can come up with a number of examples but those can be parked behind the house rather than on the side.  We are trying to use common sense approach to enforce ordinance.  Minh stated, the way some houses are positioned that is their side yard.  Vice-Mayor Brumbaugh stated, trailers are not defined as vehicles in proposed ordinance.  Mayor Linin stated, the purpose for delineation is to prevent people from driving all the way around their house.  This ordinance is not parking on the curb it is parking in the yard which is not attractive.  Minh stated, I understand you want the City kept clean but I keep trying to play devil’s advocate.  What about those with circle drives?  Mayor Linin stated, this ordinance is fairly liberal with definitions and leaves it wide open to show where drive can be.  Minh asked, does Commission have ways for people not able to comply because cannot afford changes required?  Andrew stated, there is no expense associated since not requiring citizens to rock or asphalt drive.  Minh asked, what can be used for delineation on drive?  The width has a limitation of twenty feet, some homes have wider campers or trucks.  A regular highway lane is twelve feet wide.  The limitation would make a hardship for some citizens.  Mayor Linin stated, you are talking a roadway which are for wide loads, we are talking about passenger vehicles and campers for residence parking.  James Carver citizen stated, my driveway is marked but it’s wider than twenty feet and made of dirt and minimal rock that does not meet two inch depth.  I also do not approve the seven vehicle rule.  Commissioner Schields stated, we are saying seven vehicles in the yard, those on the street do not count toward limit.  James stated, I feel shingles should be considered once they are recycled and ground up like tires.  Andrew stated, recycled shingles are not considered shingles, I would consider it an improved drive.  Mayor Linin stated, it may be a cost effective way in lieu of dirt or grass.  James stated, if someone cannot afford to gravel drive they cannot afford the penalties.  Will you allow a time extension within limits to improve drive?  Commissioner Garcia stated, we have had conversation with Todd at Schlosser Concrete; he sells this gravel for $35 a ton, which is reasonable.  James stated, when is the ordinance effective?  Andrew stated, this ordinance goes into effect upon publication in paper.  Mayor Linin asked, did we discuss slow enforcement of ordinance?  Andrew stated, rather than that I would set an effective date for ordinance, the Commission can set a date.  Jeff Stodola citizen stated, when two pickups are parked, twenty foot is not enough room.  With the delineation how should it be marked?  Mayor Linin stated, the ordinance gives you latitude as to how you want to make the delineation.  Our intent was to give some latitude.  James stated, one ton of rock will not go very far toward a driveway.  Mayor Linin stated, the fine in ordinance gives citizens a reason to comply.  The effective date of ordinance is set but when you know you have a plan we said we could work with you.  Jeff stated, what is purpose of this ordinance?  I have never seen an issue like this brought up in a community.  Mayor Linin stated, if you drive around you can see where problem areas are.  We are trying to set minimum standards for our community and neighborhoods to encourage people to take care of their property.  We seem to be reactionary and want to be proactive.  Jeff stated, this is parking not structural and it does not matter to me where people park on their property.  You should be working to bring business to town.  James stated, they have a committee for that and well you see how that works.  Mayor Linin stated, if you drive around and look, these tend to be properties where the next step it as an unfit structure.  Jeff asked, is the eight feet side yard a safety issue?  Mayor Linin stated, no it is cosmetic issue; this is all about the appearance of the community.  Commissioner Fairbanks stated, we appreciate your opinion but many care about how their neighborhood looks.  Similar ordinances exist in other communities.  It is not right to infringe on the rights of other people in the community.  We are trying to fix the problem and know not everyone will be happy.  Jeff stated, I do not feel you are enforcing ordinances that exist on your books already then another one is added.  Commissioner Garcia stated, I do not feel the City is trying to create economic issues for our citizens, whether it be dirt or rock, keep it clean.  Commissioner Fairbanks stated, I would like to respond to the comment from James on economic development because people do not have the information.  The Director works daily to get businesses to come to Goodland.  There are many projects that cannot be discussed, so to say they are not doing their job is incorrect and usually comes when you do not have the correct information.  James stated, that is not what I meant at all, I apologize.  J. J. Howard citizen stated, on the eight foot side yard some citizens do not have an alley and cannot access back yard.  That is where many park their trailers.  Andrew stated, trailers are not included in definition.  Minh stated, this ordinance is a large improvement from first draft, but would like to ask you to go a step further.  Please consider changing the width from twenty to twenty-four feet and the maximum vehicles from seven to nine, which is reasonable.  James stated, I agree this is a good job.  I live on a corner lot, on busy street and from time to time people want to bring me a car to park on the lot to sell, is that a problem?  Vice-Mayor Brumbaugh stated, yes, that is the point of this ordinance.  Mayor Linin closed hearing at 5:58 p.m.

 

PUBLIC COMMENT

 

CONSENT AGENDA

1. 09/17/18 Commission Meeting Minutes
2. Appropriation Ordinances, 2018-19, 2018-19A, and 2018-P19

ON A MOTION by Commissioner Garcia to approve Consent Agenda seconded by Vice-Mayor Brumbaugh. Commissioner Fairbanks asked, what is payment for sidewalk for CVB Kiosk?  When CVB approached the City about the Kiosk we were told there would be no cost involved for the City.  How did we come up with this expense?  Andrew stated, through some work I did with CVB because area they were looking at required removal of two pine trees.  I agreed to pay for this in lieu of removing trees.  Commissioner Fairbanks stated, when presented to City there were no costs involved.  MOTION carried on a VOTE of 5-0.

 

ORDINANCES AND RESOLUTIONS

2019. Ordinance 1717: Off-Street Parking Regulations – ON A MOTION by Vice-Mayor Brumbaugh to approve Ordinance 1717: Off-Street Parking Regulations changing Section exception in F (1) to twenty-four feet instead of twenty with an effective date of November 1, 2018, seconded by Commissioner Fairbanks. Commissioner Garcia asked, would you consider changing effective date January 1, 2019?  Commissioner Fairbanks stated, we discussed if someone has a problem meeting effective date they can discuss issue with Andrew like we do with unfit structures.  Vice-Mayor Brumbaugh stated, I do not think it will matter either way, not a lot needs to be done to modify a drive.  Commissioner Garcia stated, if they are not in compliance they stand a chance to get fined.  Vice-Mayor Brumbaugh stated, I will amend effective date in my motion to January 1, 2019.  Commissioner Fairbanks stated, I am not in favor of amending my second and would like to stay with original effective date November 1, 2018.  The motion presented is to approve Ordinance 1717: Off-Street Parking Regulations changing Section exception in F (1) to twenty-four feet instead of twenty with an effective date of November 1, 2018.   MOTION carried on a VOTE of 4-1 with Commissioner Garcia casting the dissenting vote.

 

FORMAL ACTIONS

495. Bid Award: IFB 2018-04 Unfit Structure Demolition at 615 W 13^th – Andrew stated, we received two demolition bids for this property: Goody’s in the amount of $5,500 and B & K Pumping in the amount of $4,495. I recommend the low bid.  ON A MOTION by Commissioner Garcia to approve the bid from B & K Pumping in the amount of $4,495 for demolition at 615 W. 13^th St. seconded by Commissioner Fairbanks.  MOTION carried on a VOTE of 5-0.
496. Lease Agreement: Donald and Robin Valdez/King Air Café – Andrew stated, airport cafe closed so Suzanne started pursuit of another vendor.  Suzanne stated, I did not like the news that café was closing and we do not want it closed. It is an important part of our airport.  Many pilots land at our airport because we have a cafe.  I called Kings Cafe in Kanorado to see if they were interested in opening the cafe at airport.  They met me that night and we talked to the Collett’s who own the commercial equipment in café.  They have no interest in closing Kanorado business as they have worked hard on that business.  We are proposing a five year lease with right to renew.  The lease proposes no rent payment first two years of lease, then start paying $400 per month.  This is all similar to what Butterfly Café had when they were in airport.  King Air Café has intention of opening immediately, serving breakfast and lunch.  There is a ninety day written termination clause in lease.  Mayor Linin stated, in this case time dictates we want cafe open as soon as possible.  The cafe is important at the airport.  ON A MOTION by Commissioner Fairbanks to approve the lease agreement with Donald and Robin Valdez/King Air Café seconded by Commissioner Garcia.  Andrew stated, this is a home run for the City, which are hard to come by in economic development.  I commend Suzanne as this was all her project and success.  They would not be coming if Suzanne had not reached out to them.  MOTION carried on a VOTE of 5-0.

 

DISCUSSION ITEMS

 

REPORTS

1. City Managers Report- 1. I would like to recognize Corporal Hayes.  He saved the lives of three young men on a roll over on County Road 21 by rendering first aid until help arrived.  It was him being in the right place at the right time.  We need to be thankful for his service.  Commissioner Fairbanks stated, it is not only being in the right place, but knowing something does not look right.  Corporal Hayes received a standing ovation thanking him for his service.  2. They are finishing curb and gutter on Cherry Street, then will move to 15^th Street between Cherry and Caldwell.  They will do limited work on 15^th Street as do not want to have streets closed through the winter.  They will continue to do some curb and gutter until shutdown for winter.  3. Ben Schears has asked us to look at ways to slow traffic down around campus.  We are starting by reducing the speed limit.    The City and County Attorneys are reviewing the dispatch agreement.  The current agreement does not have a termination date and states the City provides the space while the County provides operations.  The access control discussed is a concern with elevator.  We are looking at other options.  5.  As a reminder the next Joint Commission Meeting is November 13^th at 7:00 a.m. at Wolak Building.  5.  Kansas Climate and Energy Central is museum exhibit until January 4, 2019.  They are accepting plastic recyclables at museum through the exhibit.  6.  There is a handout from Rhonda Hernandez pertaining to insurance information.  7.  House number enforcement begins this week.  On first violation notice, they will receive a letter indicating there are numbers available at the office.  Alex has given out one hundred sixty sets of numbers to properties to date.  8.  Customer appreciation is next week.  9.  I just got notice that Doug Irvin is moving forward with his project so we will have a new hearing at the next meeting because cost of project has increased.
2. Commissioners

Vice-Mayor Brumbaugh – 1.  Good job Suzanne on King Air Café.  2.  I had opportunity to speak to bike club at Flatlanders.  The visitor that came the furthest was from California or 1900 miles.  3.  I had an idea for the museum to get a working museum similar to one in South Dakota.
Commissioner Fairbanks – 1.  I received a call from a business man wanting to visit about NW KS Planning and Development Commission.  He is planning to visit with County Commission also.  He is concerned because not paying the dues affects our businesses.  He feels we should invite a revisit of issue.  Mayor Linin stated, when we discussed this they brought up a lot of opinion as to whether the county should be members; we feel they should be.  There were a lot of non-facts shared.  We need facts that we can use as the framework for the discussion.  Commissioner Fairbanks asked, would it be helpful to have Randy Hrabe at meeting to answer questions?  I felt decision was made with opinions they shared.  Commissioner Garcia stated, I feel having Randy there we will get the facts.  Mayor Linin stated, I would like to facilitate it without City being a part of it.  Would the individual be willing to come to meeting?  Suzanne stated, when Randy realized the County had not paid dues he and I went to County meeting providing them information of what the organization has done for Sherman and other Counties.  Counties cannot skip a year paying dues, it must be continuous.  I feel Randy and I can go to County meeting but we need to have people there to support it.  It is a county wide benefit so all communities in a county can use the services.  Mayor Linin stated, we need to think about it a little bit.  Andrew stated, it is a bad precedent for them to unload costs on City.

Commissioner Garcia – 1.  Thanks Suzanne for work on airport cafe.  2.  Thanks to city crews for work during Flatlanders.  3.  There is a pot hole on 15^th and Sherman that needs repair.  4.  I have had calls on foul odor on 17^th Street, feel it is sour grain.  5.  Are the minutes on website, I have not seen any since June.  6.  The Picnic in the Park was postponed to Friday October 5^th at 5:00 p.m. at Chambers Park.  If inclement weather we will use student union at college.

Commissioner Schields – 1.  Pleased with Suzanne’s work on airport cafe, thank you.

1. Mayors Report – Thanks Suzanne for work on airport cafe.

 

EXECUTIVE SESSIONS

 

ADJOURNMENT WAS HAD ON A MOTION Commissioner Garcia seconded by Vice-Mayor Linin.   Motion carried by unanimous VOTE, meeting adjourned at 6:45 p.m.  Next meeting is scheduled for October 15^th.

 

 

 

 

_____________________________

ATTEST:                                                                               Brian Linin, Mayor

 

 

 

_______________________

Mary P. Volk, City Clerk