January 21, 2025 Commission Minutes

GOODLAND CITY COMMISSION

Regular Meeting

January 21, 2025                                                                                                                       5:00 P.M.

Mayor Jason Showalter called the meeting to order with Vice-Mayor J. J. Howard, Commissioner Ann Myers and Commissioner Brook Redlin responding to roll call. 

Also present were Dustin Bedore – Director of Electric Utilities, 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, Mary Volk – City Clerk and Kent Brown – City Manager.

Mayor Showalter led Pledge of Allegiance

PUBLIC COMMENT

CONSENT AGENDA

1. 01/06/25 Commission Meeting Minutes
2. Appropriation Ordinances: 2025-02, 2025-02A and 2025-P02

ON A MOTION by Commissioner Redlin to approve Consent Agenda seconded by Vice-Mayor Howard.  MOTION carried on a VOTE of 4-0. 

ORDINANCES AND RESOLUTIONS

1. Resolution 2025-01: Setting Forth the Legal Description of Property Proposed for RHID within the City – Kent stated, we previously had a request to set up a Reinvestment Housing Incentive District (RHID) in a defined area within city.  Conner Hampton is putting a plan together for a housing project on the City’s property by Topside Manor, excluding the two waste ponds from the water treatment plant and the two lots north of Topside Manor. To set up district, we are required to pass resolution defining the district and send a copy to of resolution and last housing assessment to State of Kansas Department of Commerce.  They will let us know when it is approved to move forward.  Once approved, we will provide copy for grant applications for tax credits and MIH.  Mayor Showalter asked, are we progressing at a pace that works for Conner?  Kent stated, I have received no indication otherwise.  Once Conner gets grant application complete, he will work with the engineer and planning firm for the land use plan.  We will find out timing once we hear back from MIH and KHITC.  Mayor Showalter stated, I appreciate you taking the effort to meet with County Commission and the School Board.  Kent stated, we received a good response and they are in favor of progressing.  ON A MOTION by Vice-Mayor Howard to approve Resolution 2025-01: Setting Forth the Legal Description of Property Proposed for RHID within the City seconded by Commissioner Myers.  MOTION carried on a VOTE of 4-0.

FORMAL ACTIONS

1. Appoint Trustees to the Goodland Land Bank – Kent stated, at recent meeting we passed ordinance for the Land Bank.  We need to appoint a Board of Trustees.  There is a possibility the city will get a parcel of land donated but no trustees have been appointed.  Could we appoint the Commission as temporary Trustees until we get the board filled?  There is a legal issue with the property that will have to be resolved by DCF or the court before land can be donated.  Commissioner Myers asked, what are the requirements for board appointments?  Kent stated, none were set.  The Commission can decide who they want on board; whether it be a school board member, county commissioner, banker, etc.  Mary stated, I do not believe the commission passed the ordinance setting up the land bank, referencing the minutes of December 16, 2024 meeting.  Kent stated, so need to table until the next meeting to approve ordinance.  If you have staff direction, please let us know.  Mayor Showalter stated, I feel comfortable with ordinance presented and agree if commission needs to set on board until we can make appointments, we will.  ON A MOTION by Mayor Showalter to table appointing trustees to the Goodland Land Bank until ordinance is approved next meeting seconded by Commissioner Redlin.  MOTION carried on a VOTE of 4-0. 

DISCUSSION

1. Adult Entertainment Establishments: Permitted/Conditional Use zone Districts; Limitations of Distance – Kent stated, a business owner has asked to sell adult novelties and toys in establishment on K-27 corridor.  When we reviewed code, definitions allow 30% of a business be designated for such items.  However, use standards prohibit sale in all zoned districts, which is not allowed by State Statute and a previous Supreme Court ruling.  We have contacted Barb Cole for advice on issue.  We have to allow it in a zone somewhere, but we can place restrictions on the operation.  At Planning Commission meeting they indicated years ago there was a business on Main Street that sold the items from the back room.  Our question is how do you want to amend code?  Currently it is prohibited, so there is no variance allowed for current request, but we need to update code so we are not challenged on issue.  Barb is good at updating the definitions and use standards.  Staff will outline what amendment should be then Planning Commission will hold public hearing and recommend final ordinance to City Commission.  This could be a hot issue so we want direction for the Planning Commission so everyone is on same page to amend code.  Need to address the general issue before we address the specific request.  Mayor Showalter stated, I appreciate you doing back ground work.  Barb is a good resource for lining out options.  I am uncertain any of us want to have the first business someone sees off interstate to be an adult store, but there are constitutional rights we have to make available if a business wishes to open.  Items I would like to see addressed in code are no outside signage, ensuring items are not available to minors, distance restriction from a church, park and school.    We have to ensure economic development moves forward but with this item, we need restrictions.  Vice-Mayor Howard stated, I agree plus when have business, the items must be separated if minors enter business.  Commissioner Myers stated, I feel there should be an annual fee similar to an alcohol license.  I also agree distance restriction should be in ordinance.  Kent stated, if we allow in C-1 zoned district, that is Highway 27, south Main Street, 17^th Street and Caldwell near Casey’s.  If the distance restriction is from a residential zone, many of those areas would be eliminated.  At the current time, there is no easy way for pedestrians to get out to this area.  They can be driven, but you hope there would be an adult present to prevent them entering such a business.  The distance restriction was one of the main items Planning Commission requested.  Barb indicated we could limit to I-2 zoned district and require a conditional use in industrial area, but Planning Commission is more comfortable a C-1 district with distance requirement will mitigate more issues.  Mayor Showalter asked, you have any indication if they would like a license and application fees?  Kent stated, they would like the license requirement.  I am reviewing what other cities require.  Newton requires a cost for property owner and all employees.  We would like to research the signage, as there was a Supreme Court case regarding sign restrictions.  Vice-Mayor Howard asked, can we regulate size?  Kent stated, we can regulate size but not content.  I believe it can be restrictive but want to make sure meets criteria.  Jason stated, you indicated you do not want minor children to access that area of store.  The Commission needs to be aware, this will affect Walmart as they currently sell these items.  Kent stated, the Planning Commission discussed that as well.  I appreciate that the business asked about the issue before they open but we need to determine what we need to do.  Mayor Showalter stated, when we adopt an ordinance requiring a license and fees, we need to look at it closely as it adds extra work for staff.  Commissioner Myers stated, it will affect Walmart.  Mayor Showalter stated, I feel Walmart is big enough if they do not want to carry the items, they will not.  Kent stated, we have a starting point, not sure how soon will be able to set public hearing. 
2. Follow up on letter from Cameron Cross – Kent stated, in your packet is information from the text Aaron Thompson received from Cameron regarding plan for additional sunflower easels.  I would like to provide a formal response.  SCCD Board is not in favor of other easels in Kansas because this is unique to Goodland.  If you do not have a response, we can let him know we are reviewing his request.  Vice-Mayor Howard stated, I do not feel it would be as special if others in Kansas have the easel.  I would like it to remain unique to Goodland.  Mayor Showalter stated, it shocks me the number of people that visit the easel and agree this should remain unique to Goodland.  I appreciate him asking; however, I am unsure we can even stop him from putting one in.  Commissioner Redlin stated, I agree with the Commission, but do not feel we can stop him from putting one in.  Mayor Showalter stated, consensus is the Commission appreciates Goodland as the only stop for public to look at the easel in Kansas. 

REPORTS

1. City Manager – 1.  Manager memo is in the packet.  2. 4^th Quarter Treasurer’s Statement, annual Municipal Court Report and annual airport takeoff and landings are in the packet.  3. Dustin stated, on the stoplight we rewired it from the base and replaced all red lights.  It has gone into flash mode couple times, but is working for now.  Mayor Showalter stated, I like the traffic flow on Main Street since people have gotten used to one light.   4.  Neal stated, on the water project we have tied in 16^th and Cherry and H & H has bored in the line for the tie.  We still have to fill and pressure test line before place online.  We are adding a fire hydrant to 16^th and Walnut, which is needed.  If nice weather we can start heading north.  Vice-Mayor Howard stated, I stopped by when they were putting pipe together.  I did not know there is a rod that holds the pipe together. Neal stated, yes, then bore to push line through using servo-lock pipe.  We will wait until it warms up to changeout services.  Once hook up services we can abandon old line.  5.  Kentonstated, the street sweeper arrived Thursday.  The owner came out to train everyone.  We will auction off old sweeper.  I feel it is a good purchase for the city.  The owner is hands on with the machine and does all training.  He watches sales on parts for the machine to determine if need to reengineer a part that consistently goes down.  Mayor Showalter stated, I believe we spent a lot of money keeping old one running.  Kenton stated, I would estimate over $100,000 was spent to keep it running.  Mayor Showalter stated, I appreciate making sure everyone is trained on sweeper.  6. Zach stated, 321 Broadway is cleaned up and owner of 508 W 15^th has contacted S & M to demolish their property.    
2. City Commissioners

Vice-Mayor Howard – 1.  The Christmas party was good.

Commissioner Myers – 1.  Echo Vice-Mayor Howards comment.

Commissioner Redlin – 1.  Thank Jason and police department for planning Christmas party, it was fun.    

• Mayor Showalter – 1.  I appreciate the annual service awards, seeing number of years we keep employees.  2.  The High School reunion is July 25^th through 27^th this year, please put on calendar. 

ADJOURNMENT WAS HAD ON A MOTION BY Commissioner Redlin seconded by Commissioner Myers.  Motion carried by unanimous VOTE; meeting adjourned at 5:50 p.m.  Next meeting is scheduled for February 3, 2025. 

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ATTEST:                                                                                Jason Showalter, Mayor

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Mary P. Volk, City Clerk