October 7, 2024 Commission Minutes

GOODLAND CITY COMMISSION

Regular Meeting

October 7, 2024                                                                                                                    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 Jason Erhart –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, Zach Hildebrand – 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

CONSENT AGENDA

1. 09/16/24 Commission Meeting Minutes
2. Appropriation Ordinances: 2024-19, 2024-19A and 2024-P19

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

PRESENTATIONS & PROCLAMATIONS

1. Proclamation: Domestic Violence Awareness Month – OPTIONS representatives Isaac Harold and Jalyn McLean are present at meeting.  Isaac stated, October is Domestic Violence Awareness Month and we ask commission to show that violence does not meet values of your community by reading proclamation.  Mayor Thompson proclaimed the month of October, 2024 as Domestic Violence Awareness Month in the City of Goodland. 

ORDINANCES AND RESOLUTIONS

1. Ordinance 1783 Low Income Rates for Utilities – Kent stated, ordinance in packet is changed to include entire poverty guidelines for 48 contiguous states based on size of household up to 8.  For households with more than 8 persons, the income increases $5,380 per person.  We currently have about 10 customers using program so it is not an effective program.  What is our expected revenue cost for an effective program?  I have not seen a low income rate in other communities and been trying to find such a rate from municipalities.  It is good for Goodland to reach out and help these individuals.  Low income water customers are not charged the $21 meter charge and rate is 15% lower.  Based on average usage, it is about $3.00 per customer per month or total of $24 per month per customer.  For the 10 customers that is $2,880 per year which the budget can handle.  Goodland has poverty level of about 13%, which equates to about 275 customers.  If the program grows to 100 participants the effect for water would be $28,800 annually.  For 2025 we budgeted transfer from water utility to general at $160,000.  With electric, the meter charge is $15 and KWH charge is reduced from .127 to .11 which is about $17 per customer per month, or a total reduction of $32.   Based on the 10 customers in the program that is $3,840 annually; however, with 100 customers it is $38,400.   Electric budget is bigger and the 2025 transfer will be $510,000 to general fund.  The current program is not effective if we are only helping 10 customers.  We will be discussing rates next spring.  If it goes beyond 100 customers, costs will increase.  Mayor Thompson stated, it is good to know what numbers actually are.  Kent stated, if commission makes a change that impacts the budget too much, staff may bring a request to change policy to reduce benefit.  Mayor Thompson stated, if we approve change and there is a drastic effect on budget, we need to be made aware that a change needs to be made.  Vice-Mayor Howard stated, $672 per person per year for 10 customers is $6,720 a year, but in 10 years that is $67,200.  We need to look at the big picture.  Mayor Thompson stated, there are a lot of people that are struggling and you are right in 10 years it is a big number.  Commissioner Showalter stated, if we make the change, we need to caution making changes back and forth because the customers live on a budget who rely on the lower utility rate.  I would be shocked if we reach 100 customers taking advantage of rate since we only have 10 customers using it now.  Commissioner Redlin asked, what do other programs by the State rely on for their program?  Shauna stated, we give customer the information needed to complete application for State guidelines.  I agree the current income level of $18,000 is low.  ON A MOTION by Mayor Thompson to approve Ordinance 1783 Low Income Rates for Utilitiesbased on poverty levels by number in household seconded by Vice-Mayor Howard.  MOTION carried on a VOTE of 5-0.
2. Ordinance 1784: Authorizing Golf Carts for Use on City Streets – Kent stated, we discussed this a couple meetings ago and Jason has made a couple modifications.  Commission asked to put golf carts in same category as other special use vehicles.  Jason stated, there is a checklist to verify what is required on MUV’s such as horns, turn signal, seatbelts, mirrors, wipers, break lights, etc.  Golf carts would be required to have same features to be on the road.  They would also require the inspection and tag from police department.  I did request sunrise to sunset due to the speed of golf carts.  If they operate at night they need slow moving vehicle notification.  All ordinances I have seen require time frame.  Commissioner Myers asked, do other communities require features on golf carts?  Jason stated, not that I recall but there is not a lot out there.  However, they only allow on specified roads.  They are mainly permitted in smaller communities.  I also added if cart has rear seats facing traffic, no one is allowed to ride in the seats on the streets.  Commissioner Showalter asked, with all the accidents you attend, are you in support of ordinance?  Jason stated, I have attended many accidents and am not in support of ordinance?  Commissioner Showalter asked, do you feel a side, front or rear impact on a golf cart is survivable?  Jason stated, no they are plastic and not safe.  MUV’s have a roll cage.  Commissioner Showalter stated, I feel our department heads are the experts on these issues and I will not vote for it if you are not in favor of this.  Commissioner Myers stated, I agree with Commissioner Showalter.  Golf carts are small items and I have seen the traffic on Main Street.  People do not pay attention.  Commissioner Redlin stated, we also have motorcycles and bikes with no roll cage that can be hit just as easy.  You make the choice of what you drive on the street and inherit the risk.  Jason has put in safety guidelines and I appreciate what you have done.  Vice-Mayor Howard stated, it does not matter when you go out on road, it is a risk you take.  If we vote no on golf carts, we need to have an ordinance on electric scooters because I have seen kids drive wild on the scooters.  Jason stated, a scooter is not classifies as motor vehicle and we will be addressing them soon because they are dangerous and someone is going to get hurt.  Vice-Mayor Howard stated, you can get hit on a motorcycle, it is a risk you take every day.  You have added safety requirements in the ordinance to make them as safe as you can.  Jason stated, a motorcycle moves faster than a golf cart.  Commissioner Myers asked, how many golf carts will have these features?  Jason stated, I assume not many unless they are the newer more expensive golf carts.  Jake stated, many that golf do not have the features outlined in ordinance.  Commissioner Showalter stated, there are golf carts manufactured for retirement communities that have the features.  Commissioner Myers asked, would they be able to make it out to the police department or will people have to trailer them?  Jason stated, ordinance outlines streets not allowed to travel on.  I have a checklist and would go to their house to inspect golf cart like we do with MUV’s.  ON A MOTION by Commissioner Redlin to approve Ordinance 1784: Authorizing Golf Carts for Use on City Streets seconded by Vice-Mayor Howard.  MOTION carried on a VOTE of 3-2 with Commissioner Showalter and Commissioner Myers casting the dissenting votes.  Mayor Thompson stated, I do not care for golf carts but feel it should be personal choice and appreciate safety features in place.
3. Ordinance 1785: Adopting the 2018 International Fire Code – Zach stated, Brian James, Fire Chief informed us he is operating under the 1991 fire code and cannot enforce the code.  In the 2018 code the fine amounts are the same except a stop order fine is a little higher.  Requirements for residential districts and mobile home parks will not be same as commercial district.  Property in C-1 district will have to go to planning commission for variance since close to residential.  There are other minor wording changes that do not apply.  We removed automatic sprinklers for residential zoned properties.  ON A MOTION by Commissioner Redlin to approve Ordinance 1785: Adopting the 2018 International Fire Code seconded by Commissioner Myers.  MOTION carried on a VOTE of 5-0.
4. Ordinance 1787: Amending Text for Section 15-214 Curb Cut Permit Cost – Zach stated, this request was brought up by a contractor.  If someone needs a curb cut, there is a set fee no matter who does curb cut.  If the contractor uses own equipment it should not be same charge.  We added the flat fee of $15 if contractor does curb cut.  Kent stated, code still requires a permit and inspection.  ON A MOTION by Commissioner Showalter to approve Ordinance 1787: Amending Text for Section 15-214 Curb Cut Permit Cost seconded by Commissioner Redlin.  MOTION carried on a VOTE of 5-0.
5. Resolution 1645: Set Public Hearing on 321 Broadway Unfit Structure – Zach stated, City dealt with property last year and we have not been able to contact owner.  There is no lien on property but property taxes from 2021-2023 are due.  Foundation has not been complete and it is time to clean up property.  ON A MOTION by Commissioner Redlin to approve Resolution 1645: Set Public Hearing on 321 Broadway Unfit Structure seconded by Commissioner Showalter.  MOTION carried on a VOTE of 5-0.
6. Resolution 1646: Set Public Hearing on 508 W. 15^th Street Unfit Structure – Zach stated, property was brought to commission last fall and owners were going to abate issue but no progress has been made and property is unsafe.  ON A MOTION by Commissioner Redlin to approve Resolution 1646: Set Public Hearing on 508 W. 15^th Street Unfit Structure seconded by Commissioner Myers.  MOTION carried on a VOTE of 5-0

FORMAL ACTIONS

1. Bid Award: Demolition of 1526 Caldwell – Zach stated, we received bids from B & K Pumping in the amount of $8,375; S&M Repair in the amount of $8,000 and Goody’s in the amount of $10,000.  All bids include dust suppression and staff recommends lowest bid from S & M Repair.  ON A MOTION by Commissioner Redlin to approve the bid from S & M Repair in the amount of $8,000 seconded by Vice-Mayor Howard.  MOTION carried on a VOTE of 5-0. 
2. Pay Estimate #3: Goodland Industrial Park Improvements – Kent stated, Millers Construction has done a lot of work on project.  This pay estimate is through end of September in the amount of $499,726.16 for the Industrial Park project.  ON A MOTION by Mayor Thompson to approve pay estimate #3 to Miller Construction in the amount of  $499,729.16 on the Goodland Industrial Park project seconded by Commissioner Redlin.  MOTION carried on a VOTE of 5-0.
3. Change Order #1: Airport Seal & Paint – Kent stated, original contract was in the amount of $245,912.  The Grant award approved was in the amount of $409,050 so there was room to complete additional lineal feet.  We were able to complete an additional 35,389 lineal feet in project.  This change order is to adjust all quantities to final as constructed quantities resulting in a net contract increase in the amount of $105,105.33.  This project is on the main runway as we just finished crosswind runway project, except for the PAPI.  They were able to do a lot more work to keep runway in good shape.  Mayor Thompson stated, it has been two years since awarding contract.  What area were we expecting to complete?  Kent stated, the main runway, taxiway and part of apron.  Kenton stated, they also sealed a section on the approach to Frontier Ag hangar that connects to taxiway.  Commissioner Redlin asked, was this the project we had outlined but bids came in lower than expected.  Mary stated, yes that is this project.  Commissioner Showalter asked, can we wait to approve change order until EBH can discuss change order?  Mayor Thompson stated, I understand we are using extra money to utilize grant amount but I am frustrated how it happened.  I understand there are few companies that do the work but it should have been done a year ago.  My frustration is with EBH.  Kent stated I want to put one caveat on the timing of the project.  There are only a couple months of the year to do the work.  We don’t want the concrete too hot or the concrete too cold when we do this project.  Also, we don’t want to affect airport operations too much.  So, we gave them windows of time to do the work.  The combination of their schedule and our schedule did not work so that’s why it took a year and a half to do the project.  Commissioner Howard stated he did not understand how they could misfigure the amount of lineal footage to complete the project.  Commissioner Showalter stated, we just need to get some questions answered to approve change order.  ON A MOTION by Commissioner Showalter to table Change Order #1 on Airport Seal and Paint project until EBH can be present to discuss contract increase in the amount of $105,105.33 seconded by Commissioner Redlin.  MOTION carried on a VOTE of 5-0.
4. Pay Estimate #2: Airport Seal & Paint Project – ON A MOTION by Mayor Thompson to table pay estimate #2 to American Pavement Solutions for the KDOT Airport Seal and Paint project in the amount of $98,676.24 until EBH can be present to discuss seconded by Commissioner Redlin.  MOTION carried on a VOTE of 5-0.

DISCUSSION

1. Ordinance 1786: Authorizing the Building Official or Code Enforcement Officer to Issue Citations and Sign Complaints to Municipal Court to Enforce Provisions in Chapters 2, 7, 15 and 19 of the City Code – Kent Stated, ordinance introduces idea suggested by Jason, Jake and LeAnn to make operations easier on certain issues.  This allows Zach to sign complaints to get citation to court.  Jake stated, now if we have issue outside demolition, Zach has to put together a report that he sends to me to file a report for the police officer to serve citizen to show up for citation in court.  With this ordinance, Zach has the ability to complete citation from his report to progress issue quicker.  I will be able to monitor whether issue is correctly sited.  Mayor Thompson stated, I believe this is common in other communities.  Jake stated, that is correct.  In some communities fire personnel also issue citations.  Mayor Thompson asked, what chapters is this authorizing him to issue citations?  Zach stated, animals, yard nuisance, streets and allies then zoning.  ON A MOTION by Commissioner Redlin to approve Ordinance 1786: Authorizing the Building Official or Code Enforcement Officer to Issue Citations and Sign Complaints to Municipal Court to Enforce Provisions in Chapters 2, 7, 15 and 19 of the City Code seconded by Commissioner Showalter.  MOTION carried on a VOTE of 5-0

REPORTS

1. City Manager – 1.  Manager memo is in the packet.  2. September month end financial report is in the packet.  3.  Neal stated, well #11 is one of our best wells.  It plugged the filters at treatment plant flatlander weekend.  It was pumping in a lot of dirt.  They pulled well and found two holes in the column pipe.  They did camera the well and the holes did not damage the column pipe.  They will remove gravel in well then it can go back online.  Commissioner Redlin asked, when do you estimate it will be online?  Neal stated, they anticipate a couple days.  They said the entire well looks good, just had a couple holes in section of pipe to fix.  They will fix anything else that may not look right.  Kent stated, this is one of our best producing wells so this is good news.   4.    Viking has shown up and started work on power plant water tower.  They have completed a couple of items already and are currently welding roof to main section.  Neal stated, they are also working on railing and putting in mid rail and cross sections.They removed all spider rods from inside.  Kent stated, should be finished in next couple weeks.  Mayor Thompson asked, are they moving interior ladder?  Neal stated, yes to access the tank.  5.  On the Industrial Park project, Millers Construction has finished half of the north street and poured valley gutter for street to head south.  They will pour remaining valley gutter then the street and get back to sewer. 
2. City Commissioners

Vice-Mayor Howard – 1.  No Report 

Commissioner Showalter – 1.  Thank you to city crews for help on homecoming parade.

Commissioner Myers – 1.  No Report 

Commissioner Redlin – 1.  No Report 

• Mayor Thompson– 1.  No Report 

EXECUTIVE SESSION

1. EXECUTIVE SESSION – Under the Authority of KSA 75-4319 (b) (6) for preliminary discussion of the acquisition of property – Mayor Thompson made a motion at 6:21 p.m. to recess into executive session under authority of K.S.A.75-4319 (b) (6) for preliminary discussion of the acquisition of property not to exceed fifteen minutes.   I request City Commission, City Manager and caller on the phone be present.  Commissioner Redlin seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 6:35 p.m. Mayor Thompson made a second motion at 6:36 p.m. to recess into executive session under authority of K.S.A.75-4319 (b) (6) for preliminary discussion of the acquisition of property not to exceed ten minutes.   I request City Commission, City Manager and caller on the phone be present.  Commissioner Redlin seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 6:46 p.m.

ADJOURNMENT WAS HAD ON A MOTION BY Commissioner Showalter seconded by Commissioner Myers.  Motion carried by unanimous VOTE, meeting adjourned at 6:48 p.m.  Next meeting is scheduled for October 21, 2024.

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ATTEST:                                                                               Aaron Thompson, Mayor

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Mary P. Volk, City Clerk