March 3, 2025 Commission Minutes

GOODLAND CITY COMMISSION

Regular Meeting

March 3, 2025                                                                                                                5:00 P.M.

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

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

Mayor Showalter led Pledge of Allegiance

PUBLIC HEARING

1. Unfit Structure at 302 W. 15^th Street – Mayor Showalter opened public hearing for unfit structure at 302 W. 15^th Street at 5:00.  Zach stated, I have not had communication with owner and nothing has been done to property.  We have been addressing property since 2000.  Recommend declaring structure as unfit, moving forward with 30-day notice to property owner.  Mayor Showalter closed the public hearing for unfit structure at 302 W. 15^th Street at 5:01.
2. Unfit Structure at 1615 Center Avenue – Mayor Showalter opened public hearing for unfit structure at 1615 Center Avenue at 5:02.  Zach stated, property has been vacant for number of years and has many broken windows. There is a basement and the enclosure has fallen in.  I have had no contact with owner who passed away last year.  Property has an abandoned vehicle on property.   Mayor Showalter closed the public hearing for unfit structure at 1615 Center Avenue at 5:03.
3. Unfit Structure at 1004 Kansas Avenue – Mayor Showalter opened the public hearing for unfit structure at 1004 Kansas Avenue at 5:03.  Zach stated, in 2023 property had a water leak on owner side where the line connected to main.  Water was shut off and no repairs have been made.  Property is vacant.  In basement there are a couple bad steps.  One foundation wall is cinderblock, one is brick and one has plaster over dirt.  There is a garage on lot in decent shape.  I have had no contact with owner since last year when they were supposed to clean stuff off porch, which they completed.  There is a vehicle on property.  Mayor Showalter asked, when you say you had no contact with owner, how do you try to make contact?  Zach stated, I send letter with my phone number.  On this property, I spoke with Kayla Cowan, who is the property owner.  Kayla stated, as owner of property I do not dispute shape of property.  When purchased, we had a family move in that destroyed property.  We did have a water leak so tenants moved out.  They owe us money and we have been going through court process.  I would like to use settlement on case to improve property.  I maintain insurance on property and do not see need to demolish property.  There is a water leak but we have intentions to repair line, broken windows and doors.  We have had people offer to purchase property which we are considering.  Electric and plumbing in house are functional.  Mayor Showalter asked, when did last renter move out?  Kayla stated, in 2023 or 2024 and we have been in monthly court hearings to recoup money.  Mayor Showalter asked, do you have a plan in place if you are unable to recoup money?  Kayla stated, we are looking at options.  The garage is in good shape.  We want to put money into house to rent again.  Commissioner Myers asked, are basement walls secure?  Kayla stated, that is news to me.  Vice-Mayor Howard stated, we need a timeline for improvements on property.  Kayla asked, what repairs are needed?  I guess I will get with Zach for list.  Mayor Showalter stated, work with Zach to come up with a list and timeline that is agreeable.  Kayla stated, I have not ignored Zach we just did not have updates to provide.  Mayor Showalter closed the public hearing for unfit structure at 1004 Kansas Avenue at 5:10.

PUBLIC COMMENT

PRESENTATIONS

1. Jake Kling Review of KOMA – Jake stated, after an election cycle or a new commissioner is on board, I discuss regulations for open meetings act.  There is Kansas Open Meetings Act (KOMA) and Kansas Open Records Act (KORA).  Commission does not maintain records so only interaction is KOMA.  There is a three-step process to follow to determine when the act is triggered.  The first is any gathering with interactive communication of the business.  The second is the interaction with a quorum of members.  With the commission that is three commissioners.  The third is discussion on affairs of city.  Do you all have to be in same room for a quorum?  No, a meeting does not have to be in person.  It can be by phone, email chains, etc. if a quorum is present.  Business of city does not have to be on the agenda.  It is when business of the city is discussed.  This includes discussions after meetings by a quorum.  On emails, if one person hits reply all with communication of the business, it triggers a meeting.  There is also the idea of a serial meeting.  This is where one member texts another, who then communicates to a third person which triggers a meeting.  You do not have to send meeting notices.  If it is an emergency meeting there is not enough time.  If someone requests to be notified of meetings, they must be sent a meeting notice.  The city does put notice out.  This also applies to department heads or boards operating on behalf of the city.  Do you have to have an agenda?  No, you do not but if you do, it must be out there for the public.  You can amend your agenda at any time.  When can you hold a meeting when no one is invited?  Those are executive sessions which have rules for meeting exceptions that allow an executive session to be called.  If it does not meet one of the exceptions, it has to be discussed in public meeting.  For an executive session you have to record the reason for the exception, subject and time frame of session.  It does not have to be detailed on what is being discussed, just have to follow guidelines to allow session.  You cannot go into the session and discuss topics outside the exception in executive session.  It must be a separate session for each topic.  If you do not follow rules and a report or complaint is filed with the City Attorney or Attorney General, they will ask for all communications that have taken place, no matter how discussion took place.  If it is found you violated the act you as an individual have a civil penalty up to $500 per violation per person.  My job is to make sure you follow rules, I have to do what is in best interest of city, which may be against you, but I am hired for the interest of the city.  I encourage if you have a question, you ask Kent or myself to prevent violation. 

CONSENT AGENDA

1. 02/18/25 Commission Meeting Minutes
2. Appropriation Ordinances: 2025-05, 2025-05A and 2025-P05

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

ORDINANCES AND RESOLUTIONS

1. Resolution 2025-07: 2025 GAAP Waiver – Kent stated, annual requirement if city waives GAAP principles to follow GAAS and Kansas Municipal Audit and Accounting Guide.  In years past, GASB statements came out making it difficult and adding expenses for cities following GAAP.  Most Second-Class cities approve the GAAP waiver, following other accounting standards to follow cash basis.  Commissioner Artzer stated, it is my understanding GAAP is used by larger cities and does not apply to smaller cities.  Kent stated, that is part of it.  Basically, it us used for comprehensive accounting statements.  Smaller cities cannot depreciate and replace a street like larger cities.  We repair the street.  ON A MOTION by Commissioner Myers to approve Resolution 2025-07: 2025 GAAP Waiver seconded by Vice-Mayor Howard.  MOTION carried on a VOTE of 5-0.
2. Resolution 2025-08: Designating Depositories for the City of Goodland – Mary stated, annually the city is required to designate depositories.  ON A MOTION by Mayor Showalter to approve Resolution 2025-08: Designating Depositories for the City of Goodland seconded by Commissioner Redlin.  MOTION carried on a VOTE of 5-0.
3. Resolution 2026-09: 302 W. 15^th Street Unfit Structure – Kent stated, this resolution deems the structure at 302 W 15^th Street as unfit and provides property owner 30 days to improve structure or the city will continue unfit structure process. This results from the hearing earlier in the meeting.  ON A MOTION by Mayor Showalter to approve Resolution 2025-09: 302 W. 15^th Street Unfit Structure seconded by Commissioner Myers.  MOTION carried on a VOTE of 5-0.
4. Resolution 2026-10: 1615 Center Avenue Unfit Structure – Kent stated, this resolution deems the structure at 1615 Center Avenue as unfit and provides property owner 30 days to improve structure or the city will continue unfit structure process. Commissioner Artzer asked, if owner just passed a year ago, should we give son time to come forward.  Zach stated, I have not spoken to him but his attorney indicated he wants nothing to do with property.  ON A MOTION by Commissioner Myers to approve Resolution 2025-10: 1615 Center AvenueUnfit Structure seconded by Commissioner Artzer.  MOTION carried on a VOTE of 5-0.
5. Resolution 2026-11: 1004 Kansas Avenue Unfit Structure – Kent stated, does commission want to table until property owner meets with Zach to develop a plan and timeline?  Mayor Showalter stated, I appreciate Kayla coming forward; however, I feel it is important we move forward on these issues.  The community wants the commission to take care of these properties.  I am in favor of tabling motion but want to emphasize we want to move forward with property so if they do not comply with timeline we need to proceed.  Zach stated, normally we declare property as unfit to go ahead and set timeline on property.  Jake stated, until the city declares as an unfit structure the city has no say on property.  If declare property then city can follow timeline for improvements.  Kayla asked, what does that mean?  Jake stated, the property meets definition of unfit structure but when meet with Zach you address the repairs to abate the process.  Vice-Mayor Howard stated, if you communicate with Zach, it is giving you time to fix property.  ON A MOTION by Mayor Showalter to approve Resolution 2025-11: 1004 KansasAvenueUnfit Structure seconded by Commissioner Myers.  MOTION carried on a VOTE of 5-0.
6. Resolution 2026-12 All Way Stop Sign: 12^th and Main Street – Kent stated, we determined costs to repair stop light are not minor.  When we discussed the traffic engineer study, they recommended both stop lights on Main Street be removed.  We removed the light at 11^th and Main Street last year.  For intersection at 12^th and Main Street the resolution is to remove stop light and replace with a 4-way stop.  Commissioner Artzer stated, reading through past discussions, have we put speed limit signs on Main Street?  Kent stated, there are signs at a couple locations but not in each block.  Kenton stated, I believe they are every other block.  If needed, we can add more signs.  Commissioner Artzer stated, I discussed 4-way stop with couple business owners on Main Street who are in favor of 4-way because of speeding.   ON A MOTION by Commissioner Redlin to approve Resolution 2025-12 All Way Stop Sign: 12^th and Main Street seconded by Vice-Mayor Howard.  MOTION carried on a VOTE of 5-0.

FORMAL ACTIONS

1. Renewal of Property and Liability Insurance – Jacque Livengood from Eklund Insurance stated, I met with staff about your policy.  Information provided shows expiring limits with proposed limits.  There were some limit changes and we made a few more minor changes.  The deductible is the same.  Jacque reviewed City policies, general liability and deductibles.  All property is insured at replacement value.  To get an estimate for replacement cost they look at the year structure was built, material, use and square feet of building.  We reviewed a couple limit increases, but they were correct with cost to rebuild the structure.  You are on a blanket which gives you more flexibility and has a co-insurance of 100%.  This is reason have the estimator evaluate values.  The output policy is the two power plant buildings.  Inland marine is the biggest rate increase.  I am contributing this to the machines you bought that are more expensive.  I do not have cyber liability quote yet but should only be minor changes.  Overall premium increase is 7%.  KMU program the city is a part of was successful so the city will receive a reimbursement check in the amount is $27,381.95.  Mayor Showalter asked, what is covered for generators at power plant?  Jacque stated, I discussed this with staff because we felt nothing can wipe them out.  However, I discussed with our underwriter who just had a claim in a city where it was cold, the turbine got cold and froze up water pump.  When they turned it on, the fan blew into generator and destroyed generator.  Losses are equipment breakdown and if we remove it, they will not insure the buildings.  Mayor Showalter asked, would there be a time we would insure some of the generators, but not all?  Jacque stated, I do not think so but I can ask.  Mayor Showalter stated, looking at options as that is a large part of premium.  ON A MOTION by Mayor Showalter to approve the property and liability insurance policy as presented in the amount of $516,246 seconded by Commissioner Redlin.  MOTION carried on a VOTE of 5-0. 

DISCUSSION

1. Sherman 4C’s Discussion on Quit Claim Deed details – Kent stated, I met with David Blocklinger and Jake at different times on property.  There are items we need to include in quit claim deed to make it happen.  Jake stated, reality is the property is donated for specific project to this group.  Everyone is on same page but it may not always be that way.  I discussed with Kent we need stop gaps in deed if conditions are not met in order for the city to get property back in their name.  You can have a timeframe for different phases of project until completion.  The first stop gap can be a date for construction to begin, then another from start of construction until complete then operational facility.  I feel need date that construction will begin by and date to complete facility.  Ultimately if facility is complete, do we care after that.  If we do, then a date that operations start.  I feel appropriate to start within two years, then two years to complete construction.  In reality this is a specific group with specific project.  If something happens that project is not complete, do we need to have stop gap to ensure it becomes day care facility.  After it is operational, it is not our concern.  David stated, I hope I am not hearing that if the facility is not operating in four years, the city wants lot back.  We could have bought a lot to construct the facility and not go through the red tape.  Jake stated, that is not our concern, four is only a number.  The commission would get criticized if we donate property and project sits there unfinished.  The idea is to complete project that is operational; the city has no interest once it is operational.  The point is to ensure the project is complete.  David stated, if we pay city for lot what does it matter.  Jake stated, what if start project but half way through do not have enough money to finish.  David stated, I feel we have been at this for three years now.  If after four years it is not operational there is a lot that went into project.  If project fails city would get what lot is worth.  Jake stated, I understand what you are saying.  The City will deed property to the corporation, but if there are no funds, the presumption is corporation still exists.  It is not about the money.  My concern is if the corporation does not complete project or something occurs where the project does not get complete.  What if project is not complete and no corporation exists?  The goal is to become operational.  David stated, if facility does not make it, the property would have to be sold.  Jake stated, that is presuming the organization still exists.  Kent stated, he is providing a failsafe if entity does not exist anymore.  You cannot sell property if organization does not exist.  Jake stated, yes, my concern is if it does not break ground or does not get completed.  If you cannot complete project and organization exists, you can sell property.  It is a failsafe if organization no longer exists.  Kent stated, we want to have the right agreement for everyone.  Mayor Showalter asked, is 2 years to start construction and 2 years to complete construction a good timeline?  David stated, can we do 4 years to complete?  Vice-Mayor Howard asked, what is your tentative timeline?  David stated, we will break ground in two months and will be disappointed if not done in 1.5 years.  If something comes up, I would like the 4 years for a safety net.  Mayor Showalter stated, we have no issue with that timeline.  I feel it is important to show willing to work with you.  David stated, our regular meeting is tomorrow and contractor will be there.  Jake stated, it will not be a contract but a deed with reversion clauses.  I will have it put together for next meeting to approve.  Kent stated, I feel you can tell contractor you have a deed being done.  The consensus of the commission is the 4-year timeline for the deed. 

REPORTS

1. City Manager – 1.  Manager memo is in the packet.  2. Staff has been discussing parking lot for County Road Department with them.  We continue discussing issue. 
2. City Commissioners

Vice-Mayor Howard – 1.  Thank you to all city employees.  I appreciate all employees and what you do.  If we did not have you the city does not run.   

Commissioner Artzer – 1.  Someone mentioned the flag at police department is in bad shape.

Commissioner Myers – 1.  No Report 

Commissioner Redlin – 1.  No Report 

• Mayor Showalter– 1.  Thank you, Mary, for sitting with the commission through all our meetings.

EXECUTIVE SESSION

1. EXECUTIVE SESSION – Under the Authority of KSA 75-4319 (b) (2) for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship – Mayor Showalter made a motion at 6:25 p.m. to recess into executive session under authority of K.S.A.75-4319 (b) (2) for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship not to exceed fifteen minutes.  I request City Commission, City Manager and City Attorney be present.  Vice-Mayor Howard seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 6:40 p.m.  Mayor Showalter made a second motion at 6:40 p.m. to recess into executive session under authority of K.S.A.75-4319 (b) (2) for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship not to exceed five minutes.  I request City Commission, City Manager and City Attorney be present.  Vice-Mayor Howard seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 6:45 p.m.

ADJOURNMENT WAS HAD ON A MOTION BY Vice-Mayor Showalter seconded by Commissioner Artzer.  Motion carried by unanimous VOTE; meeting adjourned at 6:47 p.m.  Next meeting is scheduled for March 17, 2025. 

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ATTEST:                                                                                Jason Showalter, Mayor

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Mary P. Volk, City Clerk