December 21, 2015 Commission Minutes

GOODLAND CITY COMMISSION

Regular Meeting

 

December 21, 2015                                                                                                                      5:00 P.M.

Meeting was called to order by Mayor Brian Linin with Vice-Mayor Annette Fairbanks, Commissioner Gary Farris and Commissioner John Garcia responding to roll call. Commissioner Gwen Mai was reported absent.

 

Also present were Dustin Bedore – Director of Public Utilities, Suzanne McClure – Economic Development Director, Alex Weis – Code Enforcement, Mary Volk – City Clerk, Gerry Bieker – City Manager and Jerry Fairbanks – City Attorney. 

 

Mayor Linin led Pledge of Allegiance

 

Commissioner Gwen Mai reported to the meeting.

 

PUBLIC HEARING

 

PUBLIC COMMENT

 

CONSENT AGENDA

  1. 12/07/15 Commission Meeting Minutes
  2. Appropriation Ordinances , 2015-24, 2015-24A, and 2015-P24

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

 

DISCUSSION ITEMS

Planning Commission/Zoning – Jerry stated, at the last meeting Commission was looking at the Planning Commission structure which included looking at three mile zoning.  The conversation started as a means to enlarge Planning Commission from the current five member board.  Up until 2001 the Planning Commission had seven members because the City Commission had the right to zone within three miles.  The objective was to look at inviting Sherman County residents to sit on Planning Commission.  At the last meeting the Commission discussed whether or not want to include the three mile limit.  If you want to include the County on the Planning Commission there are two options.  If want three mile zoning, two members of the board will have to be county residents within three miles of the City limits and five members will be inside City.  If do not want to have three mile zoning, five members must be inside City and two County representatives can be from anywhere in county.  The intention is not to annex property into City limits.  Previous annexations by the Commission were at property owner’s request.  The reason to look at three mile zoning is the concern that property owners ask to be brought into City limits, but we do not know they have complied with City zoning codes.  There is no intent to annex property.  If the Commission does not want three mile zoning the representatives can be from anywhere in the county.  If Sherman County decides to do zoning it will supersede any City zoning.  The question to the Commission is do you want three mile zoning, and if you do not, do you want to increase number of members on the Planning Commission to include County residents.  Gerry stated, it was my request to get input from citizens outside City limits.  Mayor Linin stated, I would like to see County representation on the Planning Commission.  Vice-Mayor Fairbanks stated, I agree.  Dennis Bentzinger, Sherman County Citizen asked, I was on Planning Commission for years and not now is that why?  Jerry stated, I would assume because there is no County representation on the Planning Commission.  Gerry stated, from my research it appears that at the time there was pressure to apply zoning and County citizens did not want zoning so the Commission did away with zoning.  Jerry stated, even if City did something like this, if the individual owns three contiguous acres, the city cannot zone their property per statute.  Terry Richardson Sherman County Citizen stated, I was on Planning Commission when it all took place and once it was decided, terms for County representation expired.  Joshua Dechant, Sherman County Citizen stated, other city boards have County representation are those different statutes?  Jerry stated, yes, they are all different statutes.  Vice-Mayor Fairbanks asked, can you explain how the discussion was not to take anything away from anyone but to protect the residents in City and within three miles of City limits?  Jerry stated, any annexation in past has been at property owner’s request.  The concern is we do not want someone to build without complying with code then request annexation.  Vice-Mayor Fairbanks asked, what is possibility of a pig farm next to someone’s property?  Jerry stated, that is a concern and City does not have zoning that does not allow business so they can do it.  Walt Linthacum, Sherman County Citizen stated, if three mile zoning is set up can anyone within three mile limits petition for utilities?  Jerry stated, no, just because zoning was allowed it does not mean they can petition for utilities.  Gerry stated, it is important mainly to look at highway district and local residential areas, I do not see the Planning Commission having manpower to pursue the entire area.  Commissioner Garcia asked, can you just zone half mile out?  Gerry stated, the statute is set up for the City to be proactive on development.  Jerry stated, the reason I spoke to Commission is because a couple City’s got into trouble when someone started a business and the City did not have zoning.  Before the Commission can even start process there has to be a comprehensive plan and hearings by Planning Commission.  Terry stated, if the wrong people get elected to the Commission, they will govern us and we cannot vote for them.  Vice-Mayor Fairbanks stated, this is a long process and will take a lot of steps and be based on the Planning Commission desires.  Jerry stated, the Commission has not even decided to pursue three mile zoning at this point.  Terry stated, the reasons you are giving us now are the same reasons we heard in 2001.  Vice-Mayor Fairbanks stated, I appreciate you coming to get the facts when something like this comes up.  It came up as a discussion point to increase representation on the Planning Commission.  Gerry stated, we are only looking for direction on how to structure an ordinance for members on the Planning Commission to include County representation.  John Hendricks, Sherman County Citizen asked, can you define three mile limit?  Jerry stated, it is three miles from each limit of the City limits.  Mayor Linin stated, I agree with Vice-Mayor Fairbanks in that we appreciate you coming to the meeting to discuss the facts.  It is important that we represent our voters.  Even though none of you can vote for us, I have interest in county residents and do not divide that line.  I am interested in what the people want.  Ken Klemm, Sherman County Chairman stated, I feel the citizens would be more comfortable if Commission can make a decision tonight.  Commissioner Garcia stated, I also appreciate that you came to the meeting.  If there is a detrimental business coming in that will affect our community there are State Statutes or KDHE will get involved.  You are part of our community and feel need to take action on matter.  Need to respect boundaries like the County residents stated in 2001.  ON A MOTION by Commissioner Garcia to leave Planning Commission as it currently exists with a five member board, all members being City residents and cease future discussion for three mile zoning seconded by Commissioner Farris.  Jerry stated, the Commission needs to be careful not to bind future Commissions.  Commissioner Mai stated, I would be open to hearing if any county resident would be interested on being on Planning Commission.  Mayor Linin stated, I do not feel strong either way but would like County representation on the board.  Commissioner Mai stated, I would like to see County representation on the board.  Dennis stated, when I sat on Planning Commission it was very political and do not feel we accomplished anything.  Terry stated, I agree it was very political and we did not accomplish anything.  Vice-Mayor Fairbanks stated, I agree not to have three mile zoning and am interested if anyone from the County is interested om being a member on the Planning Commission.  Shauna Johnson, City Citizen stated, I am a city resident and believe two members from the County without the zoning is a good way for City and County residents to work together moving forward.  Vice-Mayor Fairbanks stated, I am in favor of it.  Commissioner Garcia stated, there is a motion on the floor and asked the Mayor for a vote.  MOTION carried on a VOTE of 3-2 with Commissioner Mai and Vice-Mayor Fairbanks casting the dissenting votes as they would like County representation without the three mile zoning. 

 

ORDINANCES

 

RESOLUTIONS

 

FORMAL ACTIONS

  1. Approval of Airport Five Year Improvement Program – Gerry stated, the Airport Board has gone through the process to set out the five year plan.  The plan is forwarded to the FAA and they adjust it accordingly.  The Board continues to put hangars at top of list and they continue to get bumped by FAA.  The Board wants to let the FAA know how important they feel funding the hangars are even if funding is not available.  Adam Schart, EBH Engineer stated, the FAA will make you do the runway before the hangars and you are at their mercy.  Commissioner Farris asked, can the T-Hangars pay for themselves?  Adam stated, that is a loaded question that has been discussed many times with the Board.  Mayor Linin stated, there is interest by aircraft owners to have rent increase so people housing planes look at the priority of having a hangar for their plane, but that is a double edge sword because if you raise rent too high you may lose the renters.  Adam stated, that is being looked at in the Master Plan Update.  Mayor Linin stated, I feel it would not hurt to put a percent increase on the rent every so many years.  Adam stated, the recommendation from Darin Neufeld, EBH Engineer, is to move hangars down on list but the Board wants the FAA to know it is their priority even if there is no money.  Adam stated, I do not necessarily disagree with the Board if there happened to be a change in personnel at FAA to allow the hangars. FAA’s next priority is what City has as lowest priority in the plan.  Commissioner Garcia asked, is the next project scheduled the extension runway?  Adam stated, it is not a priority and there are a lot of issues that need to be worked out to accomplish that project.  City’s next priority is the cross wind runway.  ON A MOTION by Commissioner Garcia to approve the Airport Five Year Improvement Program as presented seconded by Commissioner Mai.  MOTION carried on a VOTE of 5-0.
  2. Approval of Cereal Malt Beverage (CMB) Licenses – Gerry stated, CMB licenses are approved annually.  There are several that have outstanding items from fire inspection.  Casey’s General Store is the only business that passed inspections. We recommend approving CMB license for Casey’s General Store, then approve Pizza Hut, Gambino’s, Wal-Mart, Travel Shoppe #6, Circle K Store #2721612 and Cowboy Corner Express LLC contingent on approval of the Building Inspector.  ON A MOTION by Commissioner Mai to approve the CMB License for Casey’s General Store and the CMB Licenses for Pizza Hut, Gambino’s, Wal-Mart, Travel Shoppe #6, Circle K Store #2721612 and Cowboy Corner Express LLC contingent on approval of the Building Inspector seconded by Vice-Mayor Fairbanks.  MOTION carried on a VOTE of 5-0.
  3. Approval of Goodland Area Chamber of Commerce Contract – Gerry stated, the Commission needs to review the Chamber of Commerce Contract to allow Economic Development Director to work as Chamber Director.  The first agreement was for eighteen months at no cost to Chamber, followed by the next agreement for $300 per month. This agreement is for the same thing, putting extra effort to make Chamber stronger.  Would request Commission look at balances at end of 2016.  Mayor Linin stated, I feel it is important for a community to have a Camber, but if the City is spending way more hours than stated, we need to address the issue.  Commissioner Garcia stated, I have been contemplating structure as it was successful when all three entities were under one roof, especially with a community of this size.  The Chamber has been working with CVB on board members.  The County has a Charter Resolution that requires six of the ten member board to be hotel owners and the Chamber Director should be Vice President of board.  The Chamber and Economic Development are working together, only need to work with County to get CVB working with them.  ON A MOTION by Commissioner Mai to approve Goodland Area Chamber of Commerce Contract seconded by Commissioner Farris.  MOTION carried on a VOTE of 5-0.

 

CORRESPONDENCE

  1. City Managers Report- 1. Since we replaced decorations on Main Street we have had requests to sell some wreathes.  Is that the direction Commission wants to go?  I would not anticipate the City using older ones.  Vice-Mayor Fairbanks asked, if they are in nice shape can we put them at another location in town, or should we save for others that wear out.  Dustin stated, the decorations are roughly twenty years old and have a lot of damage.  I thought we were looking at new decorations moving forward.  Vice-Mayor Fairbanks stated, I am not sure how soon that will be.  Do we need to hang on to some to replace older ones?  I feel the group that worked on decorations should review.  Dustin stated, there are approximately eighty that are hanging in the shop and do not get put out, if City can get some money out of them.  Vice-Mayor Fairbanks stated, I am in favor of leaving decision up to staff and have no problem selling some of them to put money toward new ones.  ON A MOTION by Vice-Mayor Fairbanks to allow staff to make the decision whether old wreathes are sold seconded by Commissioner Garcia.  MOTION carried on a VOTE of 5-0.  Commissioner Garcia stated, staff might talk to smaller communities to sell more of them.  2. We need dates in January that will NOT work for a retreat.  Don Osenbaugh would like afternoons or early evening and is fairly open in January.  Let me know what will not work.  Mayor Linin stated, I am not available January 13th – 21st.  Commissioner Farris stated, I am not available January 17th – 21st.  Gerry stated, I feel earlier is better to have the Commission’s priority list set for year.  Commissioner Garcia stated, I am not sure I will make it but I do not need to be present.  Mayor Linin stated, it does not do any good to have the session if we all cannot be there, so we need to plan to be present.    In November newsletter we informed citizens of the 10% discount on December electric utility usage because it has been a positive move in past.  4. City will be closed December 24th and 25th for Christmas Holiday.   5.  Had good Staff Development Day this afternoon, had a lot of camaraderie.

 

MAYOR AND COMMISSION REPORTS

  1. Commissioner Reports

Commissioner Mai – 1.  I would like to wish everyone a Merry Christmas.  Our decorations look good.

Commissioner Farris – 1.  Christmas decorations look good.

Vice-Mayor Fairbanks – 1.  I would like to wish everyone a Merry Christmas. Our decorations look good; I appreciate all our Staff does for the City. 

Commissioner Garcia – 1.  I would like to wish everyone a Merry Christmas.

 

  1. Mayors Report – I appreciate everything our Staff does for the City.  2.  I appreciate being able to come together with citizens on delicate topics and discuss them.

EXECUTIVE SESSIONS

  1. Under the authority of KSA 75-4319 (b)(1) for personnel matters for nonelected personnel – Vice-Mayor Fairbanks made a motion at 6:16 p.m. to recess into executive session under authority of K.S.A. 75-4319 (b)(1) for personnel matters for nonelected personnel for twenty minutes. I request the Commission and Gerry be present.  Commissioner Mai seconded the motion.   MOTION carried by a VOTE of 5 to 0.  Meeting resumed at 6:36 p.m.  Vice-Mayor Fairbanks made a second motion at 6:36 p.m. to recess into executive session under authority of K.S.A. 75-4319 (b)(1) for personnel matters for nonelected personnel for fifteen minutes.  I request the Commission and Gerry be present.  Commissioner Mai seconded the motion.   MOTION carried by a VOTE of 5 to 0.  Meeting resumed at 6:51 p.m.  Vice-Mayor Fairbanks made a third motion at 6:51 p.m. to recess into executive session under authority of K.S.A. 75-4319 (b)(1) for personnel matters for nonelected personnel for fifteen minutes.  I request the Commission and Gerry be present.  Commissioner Mai seconded the motion.   MOTION carried by a VOTE of 5 to 0.  Meeting resumed at 7:06 p.m.  Vice-Mayor Fairbanks made a fourth motion at 7:06 p.m. to recess into executive session under authority of K.S.A. 75-4319 (b)(1) for personnel matters for nonelected personnel for ten minutes.  I request the Commission and Gerry be present.  Commissioner Mai seconded the motion.   MOTION carried by a VOTE of 5 to 0.  Meeting resumed at 7:16 p.m. 

 

Vice-Mayor Fairbanks excused herself from the meeting. 

 

Mayor Linin made a motion at 7:16 p.m. to recess into executive session under authority of K.S.A. 75-4319 (b)(1) for personnel matters for nonelected personnel for five minutes.  I request the Commission and Gerry be present.  Commissioner Mai seconded the motion.   MOTION carried by a VOTE of 4 to 0. Meeting resumed at 7:21 p.m.  

 

ADJOURNMENT WAS HAD ON A MOTION Mayor Linin seconded by Commissioner Mai.  Motion carried by unanimous VOTE, meeting Adjourned at 7:21 p.m.

 

 

 

 

_____________________________

ATTEST:                                                                               Brian Linin, Mayor

 

 

 

_______________________

Mary P. Volk, City Clerk