September 8, 2020 Commission Minutes

GOODLAND CITY COMMISSION

Regular Meeting

September 8, 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 Rich Simon – Director of Public Works, LeAnn Taylor – Municipal Court Judge/Clerk, Joshua Jordan – IT Director, Kenton Keith – Street Superintendent, Neal Thornburg – Water/Sewer Superintendent, Danny Krayca – Parks Superintendent, Brian James – Fire Chief, Frank Hayes – Police Chief, Mary Volk – City Clerk and Andrew Finzen – City Manager. 

Mayor Garcia led Pledge of Allegiance

PUBLIC HEARING

  1. Conditional Use Permit: 580 E. Armory Rd. – Mayor Garcia opened public hearing at 5:01 p.m.  Andrew stated, the City is in receipt of an application for a Conditional Use Permit to turn the property at 580 E. Armory Rd into an animal processing plant.  The property is zoned I-1 so to use property in this manner, a Conditional Use Permit is required.  We received the application, published notice in the paper and now hold hearing.  If commission is in favor, they need to approve Ordinance 1732 later in meeting.  With a Conditional Use Permit, Commission can require conditions appropriate for the business.  Stephen West stated, we would like to thank Commission for listening to our proposal.  Black Hide Beef Company, new business on Main Street have experienced issues processing animals. They are currently processing animals at two locations outside of Goodland which is affecting beef supply.  Black Hide Beef Company is owned by Chance and Paige Cranston. We have asked potential financial partners to be present tonight, Jena and Mason Mackley and Randy Topliff.  We looked at building a new plant but cost did not make sense.  The old plant operated in the 1970’s and we would like to renovate to operate plant.  We believe will create six new jobs and keeps local business in community.  We plan to process fifteen to twenty animals a week.  This group of investors want to do things right and abide by regulations.  Plant makes sense to Black Hide Beef Company.  We still need to assess costs to renovate building since it has not operated in some time.  In addition, we need approval by Kansas Department of Agriculture.  We feel the viable option is to create new business and help our local business.  It is a win-win situation for community.  Commissioner Farris asked, are you doing business for individual people?  Stephen stated, we are also working with a company in Colorado that is having trouble getting beef processed so we will start by helping two retail businesses.  At some point we will look at doing business for individuals.  Andrew stated, with this request we normally look at what business creates for neighborhood.  Stephen stated, we hope it will not create an odor, but cannot guarantee.  The process is primarily contained and we will contract with rendering company to haul waste.  If animals are scheduled right they will not be corralled long.  We are an agriculture community but cannot guarantee there to be no odor.  We want a top notch facility.  Mayor Garcia asked, you plan on doing six to eight head per day?  Stephen stated, fifteen to twenty per week.  We would like to refine process before we open up to anyone.  Mayor Garcia stated, this is a win-win situation.  I have done some research and the State has emailed me indicating the entire state is having problems getting beef processed timely.  Black Hide Beef Company has a lot of traffic and anytime can create jobs we should welcome to community.  Vice-Mayor Thompson stated, it is a need across the country; I have no issue and wish you luck.  Stephenstated, we have a lot of work ahead of us.  Commissioner Farris stated, I think it is a good idea and am in agreement with business.  Commissioner Brumbaugh stated, my questions have been answered, I have no problem with business.  The concerns brought to me were length of time and number of animals corralled.  Mayor Garcia closed public hearing close 5:15 p.m.

PUBLIC COMMENT

  1.  John Hendrich – John stated, I live by airport and had a concern about odor of facility as a slaughter house.  My questions have been answered, but the stench at the sewer plant has been real bad this year and needs to be fixed. 

CONSENT AGENDA

  1. 08/17/20 Commission Meeting Minutes
  2. 08/24/20 Special Commission Meeting Minutes
  3. 08/31/20 Special Commission Meeting Minutes
  4. Appropriation Ordinances: 2020-17, 2020-17A, 2020-17B, 2020-P17 and 2020-P17A

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

ORDINANCES AND RESOLUTIONS

  1. Ordinance 1732: Conditional Use Permit at 580 E. Armory Rd. – Andrew stated, ordinance approves Conditional Use Permit at 580 E. Armory Rd. without conditions.  ON A MOTION by Commissioner Howard to approve Ordinance 1732: Conditional Use Permit at 580 E. Armory Rd. seconded by Commissioner Farris.  MOTION carried on a VOTE of 5-0. 

FORMAL ACTIONS

  1. Unfit Structure at 1521 Kansas Ave – Andrew stated, thirty days has lapsed since property was addressed at August 3rd meeting when property was designated as unfit structure.  City has not seen improvement to property and recommend bids for demolition for property.  ON A MOTION by Vice-Mayor Thompson to obtain bids for demolition for the property at 1521 Kansas Ave. seconded by Commissioner Brumbaugh.  MOTION carried on a VOTE of 5-0.   

DISCUSSION

  1. Topside Aquatics – Andrew stated, Topside Aquatics was granted discounted electric rates as part of incentive package for six months; they would like to continue rates.  Shannon Cure stated, I am on the board for Topside Aquatics.  We are a fitness facility open to Goodland and surrounding communities.  We opened in February then closed in March with COVID.  June 1st we reopened with no issue.  We have worked hard to set a membership rate affordable to the community and offer a variety of programs that benefit community.  We believe we will have more members this fall.  Our incentive started February 1st and we shut down everything we could during COVID and applied for grant assistance.  We would like to continue the incentive.  Currently we have 188 annual memberships and 7 monthly memberships so we are generating interest from surrounding communities.  We used Dane Hansen grant money to fund facility.  We are discussing facility with a pool in Connecticut that is trying to evaluate utilization of a similar pool.  We created a partnership with NWKT College and USD 352.  We are trying to reach out and be beneficial to community.  Our staff is completely volunteer so our bills are our costs.  Our pool is salt water.  This is last month of our incentive and if we go to regular rate, it would double our bill.  We would like to propose a six month extension or a permanent partnership for a non-profit business.  Mayor Garcia stated, when the board started they were aggressive to bring business to fruition.  It is an asset to community.  They will continue to pay utilities but trying to create a venue for project to move forward.  The fact that it is in our community is a success.  Commissioner Howard asked, what is annual membership cost?  Shannon stated, single is $240, then a graduated rate based on number of people.  A three to four person membership is $360 then five and above $520.  It is very reasonable but we will have to address again in February yet create interest.  Once people get in the door they enjoy facility.   Commissioner Farris stated, I feel we need to extend at least six months.  Commissioner Brumbaugh stated, I no longer sit on the board.  The cost of an electric bill at full rate is almost equal to their rent.  It will be their largest expense that will not go away.  I am in favor of extending incentive.  Shannon stated, we run two big humidifiers and fans all day which are a major expense.  Vice-Mayor Thompson stated, on one hand for community fairness who else will come wanting utilities at cost?  On the other hand, this is a non-profit organization and an asset to community.  I feel correct answer is in the middle.  We should extend six months then look at a rate structure for non-profit organizations in community.
  2. Accessible Parking Spaces on Main Street – Andrew stated, we received a request to remove the ADA parking at the corner of 11th and Main.  Mayor Garcia stated, I have received some calls on the issue and visited with Darla Mosbarger.  We feel we have come up with a solution to keep everyone happy and benefit the public.  Take the handicap sign and move it north where blue handicap marking ends and no parking area begins.  It would remove sign from in front of her business and we still have handicap parking.  If we place it on 11th Street, there is problem with ice in winter.  Vice-Mayor Thompson asked, why do you want it moved?  Darla stated, we are trying to get more exposure and it is hard to get a good picture without the sign in the middle of the picture.  The Plains Heating sign makes it difficult to get publicity in photo.  We do not understand why it is not closer to the intersection.  Vice-Mayor Thompson stated, that could be an ADA issue.  Dakota Roubideaux, Building Inspector stated, closer to intersection creates a sight triangle issue.  Andrew Brunner, EBH Engineer stated, it would also be a problem for a van.  Mayor Garcia stated, all we want to do is move sign, not the parking spot.  Commissioner Howard stated, I believe the sign has to be in front of the handicap parking area.  Brian stated, it has to be visibly marked with a sign.  The yellow marking is there to mark no parking because of sight triangle issue to prevent accidents.  Darla stated, another suggestion, many handicap customers parking there are drivers of the vehicle not passengers.  I know it would no longer be van accessible if moved around the corner on 11th Street but it would help the drivers.  Just want to know if something can be done to help the public and a business as long as it fits regulations.  Vice-Mayor Thompson stated, I am not opposed to moving sign but need to have someone look at ADA regulations first.  Brian stated, I have a call into ADA.  Andrew Brunner stated, the City needs to be aware of U.S. Court of Appeals case in California where the City took away a space, but court ruled municipalities are required to have handicap spots in downtown district.  Mayor Garcia stated, we do not want to eliminate spot, it will be same location, only want to move sign.  Darla stated, another option is placing spot at other end of block in front of Hallmark.  Vice-Mayor Thompson stated, then run into issue for van accessibility.  Darla stated, I feel there should also be one around the corner on 11th Street.  Vice-Mayor Thompson stated, I drove Main Street and feel between 8th and 10th Street we are lacking ADA spots, there should be more.  Mayor Garcia stated, the initial idea to keep everyone happy was to move sign which also accomplishes visibility of business.  Brian asked, if ADA says sign needs to stay we could take sign down long enough to take picture then put it back up as plan B.  Darla stated, I might have someone on hand that can graphically remove sign in picture.  Brian stated, ADA just has not got back to me.    
  3. Corner Lot Setbacks – Andrew stated, we are researching how to address corner yard setback issue that currently requires following front yard setback.  Proposal is for corner lots in R-1 and R-2 districts to follow building lines on both streets, if there is not one, establish setback no less than fifteen foot which is required with current code.   Vice-Mayor Thompson stated, that is what we discussed at previous meeting and agree with it. 
  4. Uniform Public Offense Code 2020 – Andrew stated, annually the City adopts UPOC and STO codes rather than define every violation in code.  The codes are put together by League of Kansas Municipalities to update City codes with recent legislative actions.  LeAnn stated, this is first year the STO is the same edition as last year, so ordinance will remain same.  On UPOC, the biggest change is the addition of section 10.29 “Violation of a Public Health Order” to address violations of County Health mandates.  The State changed age of selling Cigarettes or Tobacco to minors to 21 to match Federal guidelines.  Remaining changes are minor wording or deletions.   

REPORTS

  1. City Manager – 1.  We are starting work on Runway 5/23 reconstruction project; feel we are still making progress. 2. The van is up and running keeping operations as is.  Finding part time help to maintain operations may need to be addressed in future to avoid interruption.   3.  I am resigning as City Manager with last day in office being October 16th.  4. I commend and thank Rich for his service to the City.  He is retiring September 11th and will be missed by City.  Commissioner Howard asked, any update on Police Chief.  Andrew stated, not at this moment. 
  2. Municipal Court Judge/Clerk – No Report.
  3. Public Power Director – Absent, no report.
  4. IT Director – Josh stated, I continue to maintain daily operations.  Currently updating access control at Police Department.   
  5. City Commissioners

Vice-Mayor Thompson – 1.  Thank you Andrew and Rich, you will be missed

Commissioner Brumbaugh – 1.  I wish Rich a happy retirement, thanks for all you have done.

Commissioner Howard – 1.  Echo thank you to Rich.  I also appreciate all other employees for their hard work.  Alley behind GAC is looking good.  We are still short one in Street Department, Water Department hired an employee.  The Water Treatment plant is going well.  Mayor Garcia stated, remember the starting wage is now $14 so we need to be advertising it. 

Commissioner Farris – 1.  Thank you to Andrew and Rich for your service.

EXECUTIVE SESSION

  1.  Executive Session – Under the authority of KSA 75-4319(b)(1) for personnel matters for nonelected personnel –   Mayor Garcia made a motion at 5:56 p.m. to recess into executive session under authority of K.S.A.75-4319 (b)(1) for personnel matters for nonelected personnel not to exceed fifteen minutes.   I request the Commission and City Manager be present. Vice-Mayor Thompson seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 6:11 p.m. 

ADJOURNMENT WAS HAD ON A MOTION Commissioner Farris seconded by Commissioner Brumbaugh.  Motion carried by unanimous VOTE, meeting adjourned at 6:13 p.m.  Next meeting is scheduled for September 21, 2020.

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ATTEST:                                                                               John Garcia, Mayor

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Mary P. Volk, City Clerk

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