March 21, 2022 Commission Minutes

GOODLAND CITY COMMISSION

Regular Meeting

March 21, 2022                                                                                                                     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, 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, Jeff Dinkel – Code Enforcement/Building Official, Mary Volk – City Clerk, Kent Brown – City Manager and Jake Kling – City Attorney.

Mayor Thompson led Pledge of Allegiance

PUBLIC COMMENT

CONSENT AGENDA

  1. 03/07/2022 Commission Meeting Minutes
  2. 03/14/2022 Joint Commission Meeting Minutes
  3. Appropriation Ordinances: 2022-06, 2022-06A, and 2022-P06

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

ORDINANCES AND RESOLUTIONS

  1. Ordinance 1745: Changing Membership Requirements for Construction Advisory Board – Jeff stated, discussion at previous meeting was to change board membership.  We received an application from an individual that resides outside City limits but has business inside.  Since this is an advisory board about trades, we feel residency requirement could allow individuals residing outside City.  I have also been researching that we do not offer commercial general contractor licenses but general, building, residential and demolition contractor licenses.  I discussed with Jake who recommends we remove commercial and have general contractor on the board.  Kent stated, we also do not recommend requirement of a master license for plumber, electrician and mechanical, but have a licensed plumber, electrician, and mechanical contractor.  Other communities allow individuals licensed in trade because want experience.  These changes are included in ordinance.  ON A MOTION by Commissioner Showalter to approve Ordinance 1745: Changing Membership Requirements for Construction Advisory Board seconded by Commissioner Myers.  MOTION carried on a VOTE of 5-0. 

FORMAL ACTIONS

  1. Construction Board of Trades and Appeals Appointments: Jonathon Payne, Justin Carter, Peyton Ortner & Charlie Baker – Jeff stated, I have reached out to individuals in community to serve on boards.  Jonathon is still willing to serve.  Peyton is young and interested in volunteering.  Justin would like to become a master plumber, but waiting on the college to setup testing. He is eager to get involved to codes.  Charlie was past member on board and is willing to get involved.  Mayor Thompson asked, do we need to wait for publication of ordinance for appointments?  Mary stated, I would approve appointments upon publication of ordinance in newspaper.  ON A MOTION by Commissioner Showalter to approve appointment of Jonathon Payne to Construction Board of Trades and Appeals, upon publication of Ordinance 1745 in the newspaper, seconded by Commissioner Redlin.  MOTION carried on a VOTE of 5-0.  ON A MOTION by Vice-Mayor Howard to approve appointments of Justin Carter, Peyton Ortner and Charlie Baker to Construction Board of Trades and Appeals, upon publication of Ordinance 1745 in the newspaper, seconded by Commissioner Myers.  MOTION carried on a VOTE of 5-0. 
  2. Planning Commission Appointments: Matt McKenzie & Grady Bonsall – Kent stated, two individuals have applied to serve on the Planning Commission.  I have talked to both individuals and they are very interested in serving community.  Matt stated, I recently moved back to Goodland.  I am a licensed building contractor and own property on Main Street.  I am interested in serving the community and getting involved.  Kent stated, Grady was unable to attend meeting tonight but provided information for the Commission on his application.  I recommend the appointments.  ON A MOTION by Commissioner Redlin to approve the appointment of Matt McKenzie and Grady Bonsall to the Planning Commission seconded by Vice-Mayor Howard.  MOTION carried on a VOTE of 5-0.  Kent stated, we still have three open chairs on Planning Commission.  
  3. Renewal of Property, Casualty & Liability Insurance: Jacque Livengood, Eklund Insurance –Jacque stated, we have carried City insurance for a number of years.  Coverage had been with EMC for a number of years, then there were some issues so approved another broker, but have been back with EMC since 2020.  EMC is the best policy for the City.  Many companies will not write City policies or underwrite the Linebacker or Commercial Output policy.  The premium increase includes changes made since last renewal.  Building values have increased but you never know if enough, but how much can you afford to increase.  We discussed the Law and Ordinance coverage but decided since City is in process of updating codes, we will not address until next year.  It would become an issue if the town was destroyed and we had to go back and determine if the Law and Ordinance for all your buildings were up to date.  An example of this is the 2012 hail storm in St. Francis.  They had an ordinance for the thicker felt.  Many houses got damaged and if did not have coverage for the thicker felt, they did not get the upgrade.  My other concern is Business Income and Extra Expense coverage.  This would be if the entire City gets wiped out, coverage provides a means to pay employees and expenses.  ON A MOTION by Commissioner Redlin to renew Property, Casualty and Liability Insurance with EMC Insurance in the amount of $301,962  seconded by Commissioner Showalter.  MOTION carried on a VOTE of 5-0. 
  4. Cybersecurity Insurance Quote – Jacque stated, cybersecurity quotes are new brokers, existing company would not offer a quote.  Currently the City has $3,000,000 coverage with $10,000 deductible.  If you do not have concierge service you have to know laws in every state to file claims.  The first quote from Hiscox is $11,054 plus concierge service for $250.  The second quote is Coalition.  The liability limit is lower and premium is $18,442.94, but they offer additional services.  After talking with Joshua, I am comfortable with the City approving Hiscox.  Their premium is 50% higher than last year because of the number of cyber claims filed.  I do not see a need for you to have Coalition policy because Joshua has you covered.  Mayor Thompson asked, what happens if Joshua leaves?  Joshua stated, the coverage most companies provide for us is protection from Department of Homeland Security.  Commissioner Myers asked, is there a deductible?  Jacque stated, yes, $10,000.  Mayor Thompson asked, so the premium for Hiscox is $11,054 plus the concierge service for $250, for total premium of $11,304.  Commissioner Showalter asked, have you worked with Hiscox?  Jacque stated, they are a good company and a big company that writes a lot of policies.  ON A MOTION by Commissioner Showalter to approve Cybersecurity Insurance from Hiscox in the amount of $11,304, which includes the concierge service, seconded by Commissioner Redlin.  MOTION carried on a VOTE of 5-0. 
  5. Hangar Lease – Travis Amb – Kent stated, Barker Farm Services terminated their lease at the airport from 2021 to build a hangar on lots 1 and 2.  Mr. Barker talked with Travis of Amberican who is interested and willing to lease land.  Travis is moving back to operate business out of Goodland.  Lease is same as we had with Barker Farm Services.  Jake stated, the Airport Board wanted to ensure hangar construction starts within twelve months.  They asked to approve hangar design and spacing.  The Planning Commission will ultimately approve plans, but board also asked for approval to ensure meets requirements at airport.   ON A MOTION by Commissioner Showalter to approve the Hangar Lease with Travis Amb seconded by Commissioner Redlin.  MOTION carried on a VOTE of 5-0. 

DISCUSSION

  1. Proposed Chicken Ordinance Review – Kent stated, last meeting the Commission asked citizens to contact Commissioners or come to next meeting with comments.  We received around one hundred comments on social media.  Mayor Thompson stated, there have been a lot of comments and feelings both ways.  Kent stated, I had a citizen comment Friday that they asked to have repeated at meeting.  The individual stated she has been a resident of Goodland for many years and feel that farm animals do not belong in town.  She does not feel five commissioners should make decision of what farm animals should be in town.  Commissioner Showalter stated, people are passionate on the issue; I have had many discussions on this matter.  Vice-Mayor Howard asked, what does ordinance for animals in City read?  Kent read City Code, Chapter 2 pertaining to animals and fowl.   Vice-Mayor Howard asked, what is law on burial of animals in City?  Kent stated, I will have to research.  Mayor Thompson stated, personally I feel we should move ahead with an ordinance to vote either way.  If we want to add something to ordinance we should add it.  I feel penalty section should be outlined before approved.  Now information states a citation will be issued with fines to be determined.  What is appropriate?  Commissioner Redlin stated, if someone buys baby chicks but get a rooster, need to have information for removal of rooster.  Mayor Thompson stated, that is outlined in Section 5 of information.  Kent stated, penalty in animal code reads violation is punishable by not more than $2,500.  You can outline same way, but that is steep for chickens.  It is that high for dogs because of bites and other issues.  Jake stated, if violation is classified as misdemeanor, State Statute allows that fine.  Do we do it, not necessarily, but helps to have a penalty range.  It costs the City to monitor these codes.  When you prepare penalty section you want a range instead of specific amount so do not have to rewrite codes.  Want to have a fine that is a deterrent, but practical.  I suggest you have a lid, but note this is a code violation, not a misdemeanor.  Mayor Thompson asked, how do you determine appropriate fine?  Commissioner Redlin asked, is fee set by code enforcement?  Jake stated, yes, based on the code violation.  Jeff stated, I have researched, but I have also been approached to allow ducks, rabbits and honeybees.  Mayor Thompson asked, do we want it tied to rest of animal codes?  Kent stated, we can put together the actual ordinance which includes penalty information to discuss next meeting.  You can move item to formal action after discuss, but need to have ordinance presented.  Mayor Thompson stated, Section 7 states permit is $25 every two years, why not annually?  Kent stated, that is commission discretion, if so would you require inspection of premises every year?  Vice-Mayor Howard stated, I have no problem with the fee every two year but feel should have inspection every year.  Commissioner Showalter asked, do we have inspection when someone gets a dog tag?  Kent stated, with dogs inspections are complaint based but nothing on annual basis.  Commissioner Showalter stated, this is in addition to what is required.  I struggle with an ordinance that adds responsibility that is not in our current ordinance.  I feel we are creating more red tape.  Once they go through initial inspection that is enough unless there is a complaint.  Mayor Thompson stated, I agree with that idea. Commissioner Showalter asked, how should the fee be written, annually or every two years?  Is the $25 a flat fee, not per chicken?  Kent stated, a flat fee.  Commissioner Redlin stated, I would like to increase cap to six chickens if we pass ordinance.  Many other City’s allow six.  Commissioner Myers stated, but it depends on yard size also.  Frank stated, someone just informed me when we had pit bull ordinance an annual inspection was required.  I am not sure if that is relevant to chickens.  Mayor Thompson stated, I recommend an initial inspection and beyond that it is complaint driven and that the penalty section be tied to rest of animal codes.  I feel should have permit fee every two years with an initial inspection.  We can increase cap to six chickens instead of four.  Does the Commission want to continue to move forward with an ordinance to vote next meeting or just discuss?  I recommend have it discussed next meeting with these changes.  Consensus of the Commission is in agreement with Mayor Thompson with potential to move ordinance to formal action at meeting if needed.  Commissioner Myers asked, are people still allowed to comment on social media?  Joshua stated, I took post down but can put it back up with additional information. 
  2. Follow up to Joint City/County Commission Meeting: Sales Tax for Roads – Kent stated, we had a good meeting with Sherman County and City of Kanorado.  Boards agreed to go back and discuss at meetings to come up with what each entity would like to see in ballot proposal.  There are five different questions for Commission.  8th Street is our main project with total estimated cost of $5,600,000.  With inflation, estimating $400,000 per block.  By the time tax is in place estimate may not be same.  Our next project is remainder of 17th Street in concrete because of truck traffic at an estimated cost of $2,400,000.  We are replacing 17th from west of Scoular to Kansas this summer.  The other project discussed is Caldwell from 10th to 17th Street in concrete for estimated cost of $2,800,000 or a 2-inch mill and overlay estimated at $500,000, but just an estimate with oil prices.  On main traffic routes, the life cycle of concrete compared to asphalt is fifteen to twenty years more before have to redo street.  With asphalt, should be doing something on the street for continued maintenance within ten years.  All these projects are on main traffic-ways.  Total estimated cost is $10,800,000.  Second question is the distribution of the sales tax.  On previous question, the City received 27.72%.  The current 1% tax generated about $1,350,000 in 2020, a little more in 2021 and estimated to be $1,500,000 in 2022.  With Kanorado should we recommend 70% County, 25% City and 5% Kanorado?  Using these assumptions, the 2020 rate, would generate about $3,375,000 for the City over ten years which would only allow us to complete 17th Street and a small portion of another project.  A fifteen year tax would generate about $5,062,500 where we could complete ten blocks of 8th Street (D’Lao to Main) and a small portion of another project, assuming revenues remain same.  On last tax issue, revenues were higher than anticipated so retiring bond issue earlier.  This information is assuming we stay at the 1% sales tax.  Mayor Thompson asked, have we looked into bond issue?  Can we do projects as collect tax revenue?  Kent stated, the bond attorney was out last week so do not have direct answer.  I am assuming same revenue but if inflation continues, revenues would increase also.  There was discussion at the meeting to raise from 1% to 1.25% sales tax.  Are construction costs going to remain lower than we could borrow money?  Interest rates are going to start increasing.  Since Commission emphasized during the November election that the City was not part of question, there may be perception any increase is because City is involved.  These are big ticket projects.  Another question is if ballot issue should be for improvements other than roads.  That is for a later discussion.  There is not a way to com plete these projects with money budgeted from the State, instead of working on other streets.  We really need sales tax to supplement how we take care of streets.  It may not seem like there are many problems now on these streets, but the best time to work on them is before any major problems.  What do you want to take back to county?  Mayor Thompson stated, 8th Street should be priority moving forward.  As far as how much tax, I want to keep at 1% as everything is getting more expensive and everyone is working with increased costs.  We have to work within the budget.  I like the 70/25/5 split for what everyone is trying to accomplish and feel we will have to go twenty years.  As far as whether tie to bond or specific infrastructure, we need more information.  Commissioner Showalter stated, I feel we need to avoid going any higher than 1 % or I feel it will not pass.  We have to work within the money.  I agree, 8th Street is the priority.  If it does not pass, what do we do?  Kent stated, we work with the County on another issue, put our own proposal forward or we just wait until have to do road.  Commissioner Showalter stated, I feel best option is to continue what is in place.  Vice-Mayor Howard stated, I agree, keep it at 1% but keep City share at 27.72% and Kanorado should be involved.  Mayor Thompson stated, the distribution of tax will be a discussion with the County.  Kent stated, the reason I have Kanorado at 5% is size of their project; it is not based on population.  Mayor Thompson stated, I do not know if that will be their project but it is their main road in town.  What timeline does Commission think is feasible?  Consensus of Commission is twenty years with 8th Street project as priority and keeping sales tax at 1%.   
  3. Follow up to Joint City/County Commission Meeting: Housing Study Recommendations – Kent stated, a study was completed of programs to consider for community.  Main programs discussed are Land Bank Program or a version of it for this community and a rehabilitation program of some type.  They suggested a working group to evaluate proposals and get consensus for programs to present to City/County Commissions.  Is there a Commissioner willing to volunteer for group?  Commissioner Redlin stated, I will volunteer to participate.  Consensus of Commission is that Commissioner Redlin will represent the Commission to evaluate programs. 
  4. Proposed Mobile Food Vendor Ordinance – Kent stated, this is a starting point for discussion, with a sample ordinance.  I would like Commission input before consider an ordinance.  Mayor Thompson stated, I do not feel I was able to thoroughly evaluate information.  I would like to be review information more.  Commissioner Myers asked, what about sound devices; some generators are loud does that apply?  Is this for everyone or are we looking at it for downtown activities?  Jake stated, if you are going to have ordinance, it has to be applied toward everyone unless in exemption section.  Frank stated, I looked at noise ordinance and cut time back to 8:00 p.m., which falls under ordinance.  Commissioner Showalter stated, I would like to have more time to review information also.  Jake stated, the penalty section really needs to define penalties.  What will be different is that each application will be truck specific.  I recommend penalties be more than obtaining a license to encourage application.  I feel you will have specific events and areas, but if allow on public property, I recommend pre-approved areas to allow food trucks.  It would be easier with enforcement.    

REPORTS

  1. City Manager – 1.  As a follow-up on low income water rate, we have a few customers on rate with household income of $18,000 or less.  Current code states, no meter charge and rate is 15% less.  There will continue to be no meter charge and a minimal increase with rate approved.  It will keep bills pretty much the same as now.  Mayor Thompson stated, my concern is an $18,000 limit, regardless of household size, is not right.  When look at other federal poverty guidelines it is based on the household size.  Do we need to do a tier rate based on household size?  Kent stated, if it relates to a national standard it has to be easily followed.  Commissioner Showalter stated, I feel should follow national guidelines.  Kent stated, I really have never had criteria like this in an ordinance.  Jake stated, it is really in bigger City’s or private utilities where they have their own hybrid programs for people to apply.  Will guidelines follow the billing cycle?  If you stick a number in there they know that is the cutoff every year.  Mary stated, I am concerned with verification of information if you open it up too far.  Jake stated, you can put systems in place but how do you get numbers and know they are correct.  Kent stated, we will have staff present information on rate.  2. Would like to schedule tour of City facilities for March 28th.  Commissioner Showalter is getting a vehicle so everyone can ride together.  Can we start at 3:00 p.m. in order to hit all facilities before sunset?  Consensus of Commission begin tours on March 28th at 3:00 p.m. at power plant, then proceed to other facilities.  Mayor Thompson asked, is this considered a meeting since there is a Commission quorum?  Kent stated, there is no action taking place only touring facilities.  We are making public aware of tour.  3. We are going to pull well three to investigate what is wrong.  Neal stated, it has a vibration and would like to fix before busy season.  4.  Electric substation required bushings be replaced.  We were told six to eight weeks but they showed up last week to fix.  It is hard to judge supply chains.  Dustin stated, we also have an agreement with KMEA to do breaker maintenance.  5.  Most of the control burn at airport is complete.  6.  On 17th Street project they are looking to start in April and will look at pre-construction meeting within next two weeks, depending on contractor schedule.  We are going to let businesses in neighborhood know when project begins.  Andrew Brunner, EBH Engineer stated, the project has specific completion date so will not affect harvest.
  2. City Commissioners

Vice-Mayor Howard – 1.  Thanks to citizens for volunteering on boards.  2. Thanks to employees for what they do.  3. Shout out to girls’ basketball team for winning state.

Commissioner Showalter – 1.  No Report

Commissioner Myers – 1.  Thanks to citizens for discussion on chickens, appreciate comments either way. 

Commissioner Redlin – 1.  Congratulations to girls’ basketball for winning state.  2. Boards are coming along, still need to fill three spots on Planning Commission.    

ADJOURNMENT WAS HAD ON A MOTION BY Commissioner Redlin seconded by Commissioner Myers.  Motion carried by unanimous VOTE, meeting adjourned at 7:00 p.m.  Next meeting is scheduled for April 4, 2022. 

_____________________________

ATTEST:                                                                               Aaron Thompson, Mayor

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Mary P. Volk, City Clerk

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