April 2, 2022 Commission Mintes

GOODLAND CITY COMMISSION

Regular Meeting

April 4, 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, Jake Kling – City Attorney, Mary Volk – City Clerk and Kent Brown – City Manager.

Mayor Thompson led Pledge of Allegiance

PUBLIC COMMENT

PRESENTATIONS & PROCLAMATIONS

1. Proclamation: Goodland Cowgirls Basketball Team – State Championship Day – Mayor Thompson and the Goodland City Commission congratulate the Goodland Cowgirls varsity basketball team and proclaim April 4^th as Goodland Cowgirls State Championship Day. 
2. Proclamation: Goodland Cowboy Wrestler-Stated Championship Day- Mayor Thompson and the Goodland City Commission congratulate Dexter Dautel on his outstanding accomplishment of becoming State Champion in the 220 pound weight class in wrestling, and proclaim April 4^th as Goodland Cowboys State Championship Day. 
3. Proclamation: Tele-Communicator Appreciation Week, Crissy Livengood-Ridnour – Mayor Thompson proclaimed the week of April 10 through April 16, 2022 as National Public Safety Tele-communicators Week.             

CONSENT AGENDA

1. 03/21/22 Commission Meeting Minutes
2. Appropriation Ordinances: 2022-07, 2022-07A and 2022-P07

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

DISCUSSION ITEMS

1. Mobile Food Vendor Ordinance – Kent stated, current code addresses solicitors and canvassers, not mobile food truck vendors.  Information discussed at last meeting is included in information.  Staff recommendation is to apply ordinance to the entire City, not just downtown district.  Commission wanted to have more time to review the information.  Commissioner Myers asked, fees are $25; however, the Health Department allows a mobile vendor ten days without having a health license, would that be a problem?  Jake stated, under home rule the City can make laws more restrictive, but not less restrictive, so it is Commission decision.  Mayor Thompson asked, what are your thoughts on requirement of a license for the ten day period?  Commissioner Myers stated, the Health Department does not require a license if only ten days but I feel if we are going to do it, we need to do it for everything.  It will be easier to enforce licensing.  Commissioner Showalter stated, regarding written permission of property owner, if the vendor goes the same place every time I do not believe they need permission every time.  Permission should be until property owner withdraws location.  Vice-Mayor Howard asked, what about obtaining annual consent?  Commissioner Showalter asked, or a defined time period?  Jake stated, the City license is for a period of time, they should have permission during that time period.  Once vendor shows permission to be on property, we should not continue checking on them, it is the property owner’s responsibility to enforce if vendor is not allowed on property.  Commissioner Showalter stated, it talks about brick and mortar businesses, they do not need license right?  Kent stated, correct, they just need to let us know they are operating a truck.  Mayor Thompson stated, the hours stated fall within our standard noise ordinance, want to make sure commission is aware of times and current ordinance in place.  Do you feel the section on lights is necessary?  Commissioner Myers stated, I feel we should remove light section.  Commissioner Redlin asked, what do trucks have at vendor fairs?  Commissioner Myers stated, only have lights to operate at night, no flashing lights.  Jake stated, that section is better to have even if do not need at this time.  May need in future, which would require change of ordinance if have an issue.  Mayor Thompson asked, hours for operation are 8:00 a.m. to 8:00 p.m., is that adequate?  Commissioner Redlin asked, what about fair?  Kent stated, the fair falls under exemptions so that is not a problem, but need for other areas in City.  Mayor Thompson stated, 8:00 p.m. seems early in summer.  Consensus of commission is to change 8:00 p.m. to 9:00 p.m. for operations and no noise after 10:00 p.m. to fall under noise ordinance.  Mayor Thompson asked, do we need email addresses on license?  Consensus of commission is that email addresses are not an issue.  Mayor Thompson asked, is proof of a valid driver’s license from any state a problem?  Does everyone agree to the fee schedule?  The fee for canvassers and solicitors is $5 per day or $100 per year which puts mobile truck vendors in a different league.  Kent stated, I like the initial fee but annual fee may be more than some may want to do.  You want them to operate in your City and generate sales tax.  Restaurants pay a lot to be here and you do not want to have a fly by night business in a truck.  You would expect to make more money from a mobile truck vendor than going door to door.  Initial fee is not a concern but annual fee may seem out of line.  Commissioner Showalter stated, I have no problem reducing six month and annual fee, consider maybe $100 and $300.  Mayor Thompson stated, I agree with fees as outlined.  Commissioner Myers stated, I go to a two day trade show and pay $200 for this type of license.  Consensus of Commission is to leave fees as outlined.  Mayor Thompson asked, what is M-1 zoning classification in information?  Kent stated, that was overlooked and will be removed.  Mayor Thompson asked, since we do not do daily licenses, do we need to remove one day language under Terms and Transferability section?  I feel the exemptions outlined are adequate.  Consensus of commission is to make changes discussed in ordinance for approval next meeting.
2. Chickens – Mayor Thompson stated, changes commission requested last meeting are in ordinance presented.  Kent stated, we need to add the requirement for back yard fencing where coop is located and indicate inspections are only required with initial application.  Commissioner Showalter stated, I have been back and forth on issue which is the reason I wanted public opinion.  The groups want to be heard.  This issue has been brought up before but never went to a vote.  I decided to vote no, but feel the issue should go to a vote.  I support the groups that have done the research and understand they want to be heard, but I decided I will vote no.  Travis Whitman, citizen stated, I feel it would be nice to allow chickens with the increase in food prices.  Commissioner Showalter stated, I know that is not what you want to hear, but I appreciate you making request.  Angie Whitman, citizen asked, is ordinance allowing maximum of six?   Commissioner Showalter stated, yes.  Angie stated, if the smell from waste gets bad, neighbors can file a complaint and owner would be required to clean up.  Meghan Weis, citizen stated, if you clean it regularly, there is not a lot of smell.  It comes down to being responsible.  Commissioner Redlin stated, our purpose is to provide chickens to those that want them, but if it becomes a nuisance to neighbors, they have a right to file a complaint.  Vice-Mayor Howard stated, this is an issue that will not please everyone.  There are people on both sides, I am trying to determine what is best for citizens.  Commissioner Showalter stated, there are passionate people on both sides of the issue; it is almost split equally.  Frankie asked, if ordinance is passed, Code Enforcement will enforce, but what happens after hours when chickens are roaming streets?  Does that fall on the Police Department?  Mayor Thompson stated, I feel it would be handled like a dog complaint.  Meghan stated, chickens nest at night and will not be roaming around.  Mayor Thompson stated, there are strict guidelines in ordinance and if followed there should not be an issue with chickens running around.  At this point it would fall on the Police Department after hours.  Commissioner Showalter stated, with my experience in law enforcement, I try to look at issue through that lens.  I understand what you are saying because it will be your responsibility.  Commissioner Redlin stated, chickens are territorial and will stay close to coop.  Mayor Thompson stated, if everyone agrees with information in ordinance, we can go ahead and vote.  ON A MOTION by Mayor Thompson to approve Ordinance 1746 Regulating Chickens within Corporate Limits of the City including changes discussed seconded by Commissioner Myers.  MOTION carried on a VOTE of 4-1 with Commissioner Showalter casting the dissenting vote.    

REPORTS

1. City Manager – 1.  Reminder of City/County joint meeting Monday April 11, 2022 at 5:30 p.m. at Wolak Building.  2.  Contractor held pre-construction meeting for 17^th Street Project.  Andrew Brunner, EBH Engineer stated, earliest start date is 13^th and latest is 18^th because they are getting into liquidated damage dates.  Jerry Nememchek has talked to all the businesses.  We will send him out again Wednesday as a reminder before construction.  Signs will go up on 13^th.  No specific detour is outlined.  Kent stated, they are working with Scoular for truck route on and off their property.  Project completion date is June 15^th.  3.  Setting up traffic control for Cross Wind Runway project today, construction should begin tomorrow.  Kent stated, this is phase 1 or everything west of main runway.  Airport will be shut down for about twenty days to take out portion of main runway.  4.  Accepting Planning Commission applications, for three remaining positions.  Construction Board of Trades and Appeals are having first meeting August 6^th.  
2. City Commissioners

Vice-Mayor Howard – 1.  No Report

Commissioner Showalter – 1.  Glad we had opportunity to tour City facilities.  It is incredible to see the work going on at our facilities.  If people visit them, they would understand why it is important to keep good employees.  Thank you to all our employees. 

Commissioner Myers – 1.  No Report

Commissioner Redlin – 1.  The housing committee is meeting mid-April.  I will keep you updated on information.  2.  Thank you to staff, appreciate work of everyone. 

• Mayor Thompson– 1.  Echo Commissioner Showalter, enlightening what goes on at facilities. 

ADJOURNMENT WAS HAD ON A MOTION BY Commissioner Redlin seconded by Commissioner Showalter.  Motion carried by unanimous VOTE, meeting adjourned at 6:00 p.m.  Next City/County Joint meeting is scheduled for April 11^th and next regular meeting is scheduled for April 18^th.

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ATTEST:                                                                                Aaron Thompson, Mayor

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Mary P. Volk, City Clerk