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March 11, 2025 Planning Commission Minutes

City of Goodland Planning Commission Minutes

3/11/2025

  1. CALL TO ORDER:

The March 11, 2025 meeting of the Planning Commission was called to order at 6:02 p.m. Planning commissioners in attendance: Matt McKenzie, Grady Bonsall, Dennis Snethen, Wallace Hanson and Mary Coumerilh.  Staff in attendance: Zach Hildebrand, Building Official, Kent Brown, City Manager and Joshua Jordan, IT Director.      

2. Public Comment

There was no public comment.

City Manager Brown requested to add an item to the agenda for Land Use – Large Animals or livestock for discussion.

Kent stated that there is two ordinances.  One is just the zoning ordinance which covers definitions, use standards and use table. The second ordinance is about the licensing.  Kent stated that Section 1 of the zoning ordinance amended the definition.  However, it just had the categories listed and did not have a definition for each of those categories.  Staff started to discuss if there might be a gap.  Staff had printed out a sheet for the Commissioners that shows the categories already in state statute. Kent stated he asked Jake Kling, city attorney, whether we could adopt those definitions from state statute in reference or would we have to copy and paste the definitions into Goodland’s city code. City Attorney Kling it would be better to copy and paste the information into the city code.  Since it is in state statute, McKenzie stated we don’t have to reinvent the wheel.  Kent stated if that change can be made to Section 1, it would make for a short discussion. 

Kent said that staff had a discussion with Barb from Community Matters, Inc. on the ordinance as a whole.  Barb had some grammatical corrections; but, no other issues with the ordinance as presented.  She was fine with the use table in Section 2 of the ordinance and the conditional use requirement.  She did have a question on Section 3 and the 1,000 feet from certain types of activities.  She wanted to know how it fit on the map of the city.  She did ask whether 1,000 feet from a bar or tavern should be included. Kent replied that if that was included, the adult entertainment establishment would basically be prohibited because of the liquor store on K-27.  Barb immediately answered no, you can’t include bar or liquor store in the distance limitations. Zach stated that Barb didn’t have any other questions regarding that part of the zoning ordinance. 

Commissioner Coumerilh joined the meeting at 6:09 p.m. 

Chairman McKenzie asked if Commissioner Bonsall could go through his email.  Commissioner Bonsall was concerned about the age limit.  If it could be bumped up to 21, he would like to do that.  But, there was some concern whether that was legal or not.  The other item that he would like to bring up is more about the licensing ordinance.  Bonsall stated he was concerned about the number of years from a conviction.  If somebody has a record or a conviction, they should not have the opportunity to apply.  Chairman McKenzie stated we would need legal advice on that.  Kent stated he would hand out an answer once we get to the licensing ordinance.  If we could get the legal answer, that would be good.  Commissioner Bonsall stated he had concerns through the whole ordinance and that his recommendations may have been too harsh.  But, he was just trying to be protective of the city.  Commissioner Coumerilh agreed with that assessment. McKenzie summarized that the Commission wants to be as restrictive as the law will allow. 

Kent stated the 3 items on the zoning ordinance are the definitions, the use table and the use standards. McKenzie advised Commissioner Coumerilh that City Attorney Kling’s advice was to cut and paste the definitions of each category of Adult Entertainment from the state statutes instead of the city creating new definitions.  Chairman McKenzie moved, seconded by Commissioner Bonsall to set the public hearing for Ordinance 1796 for next meeting on April 8 to amend Section 19-202, 19-501 and 19-502 regarding Adult Entertainment Establishments.

Motion carried unanimously. 

Kent stated that the second ordinance is on licensing and it has a number of different things. Kent asked was the Planning Commission agreeable on the base procedures that were shown in the example.  Two of the sections had examples from two different cities.  Commissioner Coumerilh looked at the Newton example in the proposed Section 8-503 and it talks about licensing for the person and their spouse.  Chairman McKenzie was surprised at that requirement as well and it is something that could get challenged. Further discussion ensued.  Kent referred to CMB licensing and how the corporations complete the licensing applications.  The owners will be in another state.  Kent stated we might be able to use that wording.  In addition, the Newton example might be more fitting for the person to person establishment instead of the books, materials or equipment type of establishment.  Commissioner Coumerilh stated that our intent is that the person that is answerable or responsible would be the manager and the similarity to a food service license. If they hire a person with no integrity, they have to be the person responsible. Chairman McKenzie stated that the wording could just be eliminated wherever it says and their spouse. The inclusion of the spouse becomes a gray area. Commissioner Coumerilh that it was discussed at the last meeting about requiring every single person at Walmart to be licensed.  That requirement is ridiculous.  Kent stated that in the situation that is coming before us, the manager is the one that is responsible.  Similar to liquor licensing, the manager is responsible. And if there is some discrepancy, then that is a cause for revocation or suspension of the license.

Kent stated the other situation that we have is that Walmart is technically within 1000 feet of the ballfields. It may be that it will no longer be in a valid location.  McKenzie asked how far is Walmart from the ballfields. Zach replied that it is approximately 550 feet. Commissioner Bonsall said that is what it is. Walmart is not going to shut down their store because they can’t sell these items. They may fight it. You might have to give them an option for a variance. I don’t think we want to change everything just for that situation.  McKenzie stated that is ok. I just wanted to make sure that we know what we are saying.  Kent stated the requirement for licensing employees in the category of adult media; I don’t know what we are gaining. McKenzie stated as long as there is a manager that has accountability and if there is a violation their license can be revoked. Commissioners Snethen and Coumerilh agreed. Commissioner Bonsall stated that while reading it, the scenario of a spouse having a criminal record causing the other spouse to file for the license.

Kent stated that a spreadsheet was included in the packet that identified all the sections that are in the licensing ordinance.  Chairman McKenzie stated the highlighted sections are the minimum sections identified to be included in the licensing ordinance.  There were several additional sections included based on the other city’s examples. Kent reviewed what was included as examples. Commissioners agreed they wanted a license required as stated in Section 502. Section 503 had 2 examples and asked if the Commissioners had a preference. Section 504 had the classification of fees and had 2 examples. Planning Commission members discussed the fee structure. Commissioner Coumerilh stated an application fee could be included in the first year and a licensing fee every year including the first year. Kent stated it works better if it is the same amount each year. Less confusion. After further discussion, McKenzie asked whether an amount should be recommended. Kent stated it would be better to have an amount as a starting point for the city commission. After reviewing the fees for a liquor license and discussing fees from $750 to $2,000, the consensus of the Commission was to recommend $2,000. Commissioner Bonsall stated that even though it is legal; we do not have to make it easy. McKenzie directed staff to put $2,000 for licensing fee and $250 for the first year application as a starting place. Commissioner Snethen asked about the fees for managers, servers and entertainers further on down the section. Kent stated that would apply more in the category of person to person adult establishment. Not in the adult bookstore or adult media sales category of license.

In the next section, Section 505, it limits the license to only one category at one time. Commission agreed on that requirement. Kent stated that Section 506 deals with the internal approval process whether it is administrative or a City Commission approval. The example given is an administrative process but it can be appealed to the City Commission. Chairman McKenzie stated that seem a logical process to use the chain of command. Commissioner Coumerilh agreed and said that was fair. Commissioner Bonsall asked about the timing of the application. Kent stated that sometimes there is an adjustment if it is close to the end of the year. The question is asked whether the applicant wants to wait 6 weeks or not. Section 507 talks about the application renewal time period. Section 508 is the non transfer of the license. Section 509 is the penalty for violation of the ordinance and that each day is a separate offense.

After talking with Barb with Community Matters, Inc., staff had completed an additional couple items for the Commission to consider.  First is a section on the age requirement. The first example states it separately.  No person under the age of 18 employed and then no person under the age of 18 permitted to enter or remain in the adult establishment. This was identified in the general regulations. The second item is for exterior observation. Kent review the regulation which stated that the interior of the premises is not observable from the exterior of the building.  Kent said Zach and him were of mixed opinion.  No exterior observation is good for some uses; however, just like convenience stores when the windows are all blocked.  It is hard to see if any criminal activity or other issues are occurring inside. Commissioner Coumerilh stated it is creepy. McKenzie stated that it is not a good idea to have all windows blocked because the police officers do night checks and he wants them to see inside his businesses. Commissioner Coumerilh stated the thought process was more along the lines of no exterior signage. Chairman McKenzie stated the next subsection listed identifying no exterior display was better. Kent said the section on no exterior display is more prohibiting direct live performance through an exterior display. After further discussion on signage and exterior display, Kent said staff has to come up with a better answer on signage.  The commission will be able to review one more time next month.  One other item that staff wanted to clarify.  When we are measuring distance for this section, the measurement will start from the property line, not from the building. 

Chairman McKenzie confirmed with the Commission that there were no more items to include in the licensing ordinance.  Commissioner Hansen stated the City did not need to open this can of worms. That’s what the city is doing if it is going to allow this type of business under certain circumstances. Commissioner Hansen stated he was going to vote no on this Ordinance no matter what. 

Zach stated the example ordinance is from Urbana, Ohio.  It’s pretty close to how Goodland could have an ordinance. The ordinance includes registration and then different criteria for owners within 60 miles and those outside the 60 miles. The next part of the ordinance goes over inspections of the properties. As part of the registration documents, the owners need to state a plan for the property.  Whether the building will be torn down or what type of projects will be done on the property and the reason for the vacancy. The fees would be minimal for the first year and then would increase each year. There are some exemptions allowed or how it is for sale under certain conditions. Finally, there is a penalty section.

Chairman McKenzie asked how close this ordinance would be to cut and paste as a proposed ordinance here in Kansas. Zach stated we would have to match Kansas Statutes. Fines would have to match our code. The Ohio ordinance states they are able to put liens on properties. Zach stated we would have to use special assessments. McKenzie stated he liked the idea of a registration and inspection process and a progressive penalty. Commissioner Coumerilh expressed concern that the ordinance was too restrictive and a concern with calling a portion of the city as blight. Coumerilh stated that the homes are often abandoned and that the County’s poverty rate is pretty high. Working poor families can only dedicate so many resources to fixing a house. Coumerilh stated our property taxes are high enough.  Zach replied that this is regarding houses that are not occupied.  For example, when the occupants have passed away and the next generation doesn’t do anything with the house and is just waiting for the city to come and tear it down.  McKenzie stated that all we are trying to do here is speed up the process and not have to wait years to have something done with the property.

Commissioner Coumerilh asked if it includes commercial buildings. Commissioner Bonsall and Chairman McKenzie brought up the OYO building.  Zach stated it did include commercial buildings. Zach continued that the fees contribute to a separate fund that assists with the cost for demolition. Commissioner Coumerilh asked what happens if they don’t come back or don’t respond. Zach stated it just makes it easier for him to start the process on unfit structures with the registration and contact being made.

Commissioner Bonsall stated we get excited about people putting up new things. But, if they leave and it is not finished; maybe this is a way to control some of those things. The Commission was generally in favor of this.  McKenzie stated that this could just be a cut and paste type of Ordinance for Goodland.

Kent stated that this is an inquiry the City has received a couple times regarding the vet clinic building. People are trying to recruit a professional to start a small animal vet clinic. But in order to make that successful, each candidate asks whether they could shelter a horse, mule or cow at the clinic building because that is a money maker for them. But Goodland has a code that prohibits any livestock. The code section is not exactly under the Planning Commission’s purview; but, there may be a zoning question for the Planning Commission to consider. There was an ordinance passed in 2009 that prohibited livestock from anywhere in town. It does make it difficult for this building which is right next to the fairgrounds.

Chairman McKenzie asked how do we handle the fairgrounds.  Kent stated it is short term use and we don’t enforce it for the fair.  Commissioner Coumerilh stated the vet clinic would be short term use as well. Commissioner Bonsall asked if the fairgrounds is city property. Zach stated it is county property that is in city limits. Kent said staff wanted to make it absolutely clear in the code regarding the fair as well as short term use at the clinic.  Chairman McKenzie recommended language that would include something for showing animals at the fair but not allow someone to bring a goat or other livestock to their residence for 30 days and call it short term use. Zach suggested lot size requirements. Kent stated that it is proceeding on other fronts to recruit the veterinarian and all they need to know is that it isn’t an absolute no to shelter animals temporarily at the clinic.  Commissioners agreed that they want to figure it out. It is a much needed business.  Kent said staff will work something up to present to the Planning Commission if it is within your purview as far as the code language.  Chairman McKenzie stated that we do not want to be a barrier to the vet coming to set up business. 

Commissioner Bonsall had nothing to report. 

Commissioner Snethen had nothing to report. 

Commissioner Coumerilh just wanted to thank Zach for his hard work and what he does for us, Kent, the City Commission and the City. 

Commissioner Hansen had nothing to report.   

Chairman McKenzie had nothing to report. 

Zach had nothing to report. 

City Manager Kent Brown stated that we are going to have renewals of board applications for Chairman McKenzie and Commissioners Bonsall and Snethen.  Please review the documents.  Kent stated it will be interesting on the set of questions for planning commissioners. The answers will certainly change after serving for 3 years on the board.  Commissioner Bonsall agreed.           

Commissioner Coumerilh moved, seconded by Chairman McKenzie, to approve the February 11 minutes as presented.  Motion carried unanimously.  

Commissioner Bonsall moved to adjourn, seconded by Commissioner Snethen.  Motion passed unanimously.  The meeting was adjourned at 7:14 p.m.

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