GOODLAND CITY COMMISSION

Regular Meeting

April 1, 2019                                                                                                                          5:00 P.M.

Mayor Brian Linin called the meeting to order with Vice-Mayor Jay Dee Brumbaugh, Commissioner Annette Fairbanks, Commissioner John Garcia, and Commissioner Jacque Schields responding to roll call.

Also present were Rich Simon – Director of Public Works, Dustin Bedore – Director of Electric Utilities, Joni Showalter-Police Chief, Suzanne McClure – Economic Development Director, Mary Volk – City Clerk and Andrew Finzen – City Manager.

Mayor Linin led Pledge of Allegiance

PUBLIC COMMENT

PRESENTATIONS & PROCLAMATIONS

1. National Public Safety Tele communicators Week Proclamation – Mayor Linin proclaimed the week of April 14^th through 20^th as National Public Safety Tele communicators Week. The Commission commended the women and men keeping the City safe.
2. School Use of Tennis Courts: Bill Biermann, USD 352 Superintendent – Bill stated, School Board is discussing the idea of bringing tennis back for district. Before we move forward we would like to discuss the use of Steever Tennis courts.  There is no memorandum of understanding (MOU) to use as framework so we are wondering if Commission has any questions or concerns with school using courts if board votes to proceed.  Commission Fairbanks asked, is there a renewed interest among students?  Bill stated, the conversation began with the district searching for programs to engage more kids.  We have surveyed the students and feel results look promising.  One of our teachers has ran a youth program through GAC that I feel is running interest.  The sport would be a fairly low expense for the district.  It is a split sport in Kansas with girls in fall and boys in spring.  Vice-Mayor Brumbaugh stated, I think this is a great idea and glad you are bringing it forward.  Bill stated, if we pull students from other programs where there are not good numbers it is not a good idea, but that is not what surveys indicated.  Mayor Linin asked, do you feel one court would be sufficient?  In past they used courts in multiple parks.  Commissioner Fairbanks asked, how many courts are at Steever Park?  Bill stated, four, which is a good tournament.  We would not be able to do large tournaments, but it will work for regular tournaments.  Commissioner Garcia stated, we have worked to support the school programs.  Bill stated, since City tore courts out in other parks, is there a commitment to continue maintenance on this court?  Mayor Linin stated, we discussed basketball courts on these courts at one point but with County removing courts in Gulick Park, that program will not be on table.  Andrew asked, do you feel courts are in good shape?  Bill stated, we feel they are at this time but will need future maintenance if we start program.  Mayor Linin stated, it will be nice to see the asset used.  It is a public court which we maintain at this time.  Bill stated, the Physical Education classes at school use the courts now.  Andrew stated, I feel it would be good to have a MOU in place to benefit the school for practice times since it is a public court.

CONSENT AGENDA

1. 031819 Commission Meeting Minutes
2. 032019 Joint Commission Meeting Minutes
3. Appropriation Ordinances: 2019-07, 2019-07A, and 2019-P07

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

FORMAL ACTIONS

23. RFQ 2019-01: Airport Consultant Services – Andrew stated, this was a lengthy discussion last meeting and the Commission does not have a strong consensus for a recommendation of the committee. In my memo, I recommend EBH.  Commissioner Fairbanks stated, since I have returned, I have caught up with Andrew and Jon Yost on this issue.  It is my personal feeling we have worked with EBH at City for a number of years and there have not been problems.  The issues brought up at last meeting were not grievous or a problem that leads us to switch engineer company.  There is something to be said about loyalty and a good local company, Commission stresses using local.  I feel I have done my due diligence and do not feel like we can switch to Olsson.  Jon Yost stated, I have talked to each of you and assure you we are trying to look out for City and airport, the board just feels it is time for a change.  Darin Neufeld, EBH Engineer stated, the project this RFQ is on is RW 5-23.  I would like to provide the Commission some history on RW 5-23.  Current FAA project is number 20; RW 5-23 was designed in 1984 which was project number 07.  The first time RW 5-23 was submitted to FAA was in 2012, prior to that we were submitting taxi way projects.  After submission FAA gave us discretionary funding for 2017.  We provided same submission in 2014 and 2015 but with new Kansas Planner, since project included an extension he would not allow the City to do RW 5-23 without a Master Plan.  At that time the discretionary funds were bumped to 2020, which is where it is today.  Every year we submit the AIP with RW 5-23 as a priority since that is what FAA requires.  One year we tried to do maintenance on RW, but if pavement is torn out within a few years, FAA will not allow you to do maintenance work with grant money.  That is the reason we are in position we are with RW 5-23.  Another reason the project is scheduled for 2020 is because it is our secondary RW so it does not rank as high for the FAA.  In this same fifteen year period, we have done thirteen grants, ten were FAA and three were KDOT.  The airport is my passion and that will not change.  When we turned in supplemental grant information, we still believe it will be a good fit but they have not announced all projects at this point.  This funding is nationwide and I know Senator Moran is heavily lobbying for Kansas projects.  We have stopped three towers from being constructed that would have impaired the Goodland Airport.  Dave Horinek citizen asked, with annual allocation, the City could not have introduced any other project, like paving the street behind the businesses or snow removal equipment?  Andrew stated, Jason Knipp from FAA informed me that if we did such a project it would have had to have been in early spring or fall, but he confirmed funds cannot be rerouted without RW 5-23 complete.  Darin stated, snow removal equipment is on our plan every year but does not rank high with FAA unless you have taken care of essential projects with your airport.  Dave stated, in order to move forward we are still waiting on master plan which has been five years.  Darin stated, no it has been forty-one months.  When we began project, it was a master plan.  When we went into contract they incorporated the new national data base system.  A typical master plan used to take eighteen to twenty-four months.  Now with national system it goes through, it requires more pictures and data to review.  It is all the data read by the system that takes time.  At one time it was four months in Que.  Currently master plans are taking thirty-six to forty-eight months.  The planner has indicated we are on our last submissions.  It all depends on the national computer system and whether they kick it back out again.  Commissioner Fairbanks asked, is this a national problem or a Kansas problem?  Darin stated, national problem as there are not enough analysts.  Commissioner Fairbanks stated, so Goodland is not alone.  Darin stated, no and it is not necessarily the master plan but the system.  Ben Schears, Airport Board Member stated, it has been a pleasure to serve on board as I discussed with Andrew after last meeting.  The board consists of new members that have been on board one and half years.  All members are vested members with airport.  No one can take away from the good work EBH has done.  We are working with tools the FAA has provided.  The engineering firms were scored with the tools they provided.  Commissioner Garcia asked, how many members are on board.  Jon stated, board consists of five members.   The circular states the governing body follows selection committee, if that does not happen, review goes back to committee.  Vice-Mayor Brumbaugh stated, the last time we met, we discussed how the numbers are subjective when Commission received information.  I have no history working with EBH but their projects are good.  My stance is to support board’s decision.  RW 5-23 is in bad shape and I feel there are things that can be done.  Commissioner Schields stated, I would like a clarification, this is a volunteer board, are we legally bound to accept recommendation?  Andrew stated, the board did not make recommendation; there was a selection committee that reviewed the RFQ’s submitted.  Committee recommendation is divided.  Commissioner Garcia stated, EBH has been and continues to be an asset for the City.  Darin is correct in what he said.  We ask community members to serve on boards.  The circular says if decision cannot be made the matrix scoring must be done, which EBH came in at 40.5 and Olsson 42.  A good portion of board recommends we move ahead with Olson but we have a relationship with EBH.  I feel committee followed procedures so that is where I am having issue.  They have done their homework and we either comply with system or do not.  Rules are made to sustain us.  We have an asset in EBH and you have committee that completed the scoring matrix.  Andrew stated, the selection committee were not all on the same page; when we went to the scoring it was a 2-2 split.  Darin stated, the last change on the circular states the scoring matrix is used when a recommendation cannot be met, but nowhere does it say you use an average of the scoring, which is what was used.  To follow circular, you need to follow scoring matrix, which proved to be a 2-2 split on committee.  It does state if the board makes recommendation and Commission votes against recommendation then you go back, but there was no recommendation out of committee.  Mayor Linin stated, as a Commission we need to make decision.  There are alternatives and it will be tough.  Andrew stated, going back to the selection committee that was used will not provide a different result so if Commission goes back to committee, a new committee needs to be selected.  John Collett citizen stated, EBH has done a good job for City for many years.  Tough decision to be made, but I do not vote.  Suzanne stated, EBH has worked several projects with me and worked tireless with me to move fire hanger so Dustin’s hangar could be put up.  They are local and we all us stress staying local.  They have stated numerous times why master plan project stands where it does.  Dave asked, have we been sitting idle all this time losing $150,000 a year because RW 5-23 cannot be moved on the project list?  Darin stated, every year the FAA Planner concurred that RW 5-23 will be our next project.  Dave asked, when was last project at airport to move Goodland forward?  Darin stated, I believe 2013, ending in 2014.  Dave stated, that is six years we have not done anything to move Goodland forward.  Scott Collett Airport FBO stated, that is why it is hard to understand, RW 5-23 is in bad shape but they will not allow you to move the project.  Darin stated, the City talked about using own money to patch RW 5-23, but nothing will last very long.  Scott stated, I know it is government but you would think they will help you out.  Darin stated, there is also KDOT money we apply for every year.  We applied for maintenance then board focus changed to extend taxiway from T-hangars.  Mayor Linin stated, it is a difficult decision because staff is on one side and board is on other side.  I am on fence, frustrated with delay but it is not an EBH issue and I like to support local business.  Vice-Mayor Brumbaugh stated, I like Olsson’s focus and felt should have captured money that was rolled over in past.  ON A MOTION by Commissioner Fairbanks to the RFQ from EBH Engineering seconded by Commissioner Schields.  MOTION carried on a VOTE of 3-2 with Vice-Mayor Brumbaugh and Commissioner Garcia casting the dissenting votes.
24. IFB 2019-05: Pest Control Services – Andrew stated, we received two bids: Pest Away, LLC in amount of $4,500 each year and Hinkle in the amount of $4,740 each year. We bid service for two years and recommend low bid.  ON A MOTION by Commissioner Garcia to approve the bid from Pest Away, LLC in the amount of $4,500 each year for two years seconded by Vice-Mayor Brumbaugh.  MOTION carried on a VOTE of 5-0.
25. IFB 2019-06: Mowing and Abatement Service – Andrew stated, this is the mower for weed violations and we received one bid from Nancy Gilmore for $25 per hour.  We also bid this service for two years. ON A MOTION by Commissioner Garcia to approve the bid Nancy Gilmore in the amount of $25 per hour for two years seconded by Commissioner Fairbanks.  MOTION carried on a VOTE of 5-0.
26. Unfit Structure at 811 E. Hwy 24 – Andrew stated, this is Motel 7 property. No improvement has been made at this point and next step is demolition.  Since this is a commercial property we have to have asbestos removed.  We have reached out to nearby companies to remove asbestos.  Bids received are Great Plains Asbestos Control (GPAC), Inc. out of Kearney, NE in the amount of $29,400 and RAM Environmental Services out of Denver in the amount of $151,935.  With disparity in bids I felt we needed to solicit additional bids.  Associated Insulation from Manhattan, KS submitted a bid this morning in the amount of $25,683, then we are waiting on two bids from Wichita area.  If Commission would like to authorize me to proceed with the low bid once I receive other two bids it would move property ahead faster. GPAC came and looked at sight and Associated Insulation contacted Jerry at EBH to understand scope of work on property so I feel comfortable with their bids.  Total demolition budget is $55,000 so with asbestos removal we will not be able to demolish entire property this year, but will have to do in stages.  ON A MOTION by Commissioner Garcia to authorize Andrew Finzen to proceed with the low bid for asbestos removal at 811 E. Hwy 24, once remaining bids are received seconded by Commissioner Schields.  MOTION carried on a VOTE of 5-0.

DISCUSSION ITEMS

1. Primary Use Garages – Andrew stated, I would like to see how Commission wants to move forward with vacant lots and allowing people to build garages on the lot. Andrew reviewed document in relation to current code.  Do you want to restrict property use to allow someone to build a house on lot if possible?  Vice-Mayor Brumbaugh stated, I feel with way people were getting around current code that is not direction we want to go.  Andrew stated, that is Commission decision, I just did not approach from that direction.  If there is only a garage on lot do we need an aesthetic standard in code?  Mayor Linin stated, we talked about a height change, did we allow 20 feet?  Andrew stated, yes it was 16 or 18 feet, but new height is 20 feet.  Mayor Linin stated, I feel we may want to allow flexibility in size and look of what citizens want to put up.  I like the site plan review element.  I want it to be an open ordinance to allow citizen’s options.  I see both sides on where to build on a lot.  If we require them to build on side, the lot may be too small to build a house.  Commissioner Fairbanks stated, I like the suggestions, gives us something to think about and work on.  Andrew stated, does Commission want to take away requirement in draft and bring it back to you for review?  Vice-Mayor Brumbaugh stated, we need to protect neighboring property owners.  I am not opposed to a metal structure because some of them look pretty nice.
2. Billboards – Andrew stated, topside trail committee has been discussing ways to advertise the trail and bring people into our community.  With the new amenities, should we look at billboards for advertising?  Billboards are limited and hard to come by and the committee does not have financial ability to commit to future advertising.  Does the City want to advertise as we found a billboard east of Goodland that may be available in September?  Vice-Mayor Brumbaugh asked, are the current Goodland billboards on interstate financed by CVB?  Roxie stated, we own one at Salina and one at Park.  Vice-Mayor Brumbaugh asked, is this another area the City and County can go together and use the billboards to start advertising? We do not even have to use entire board for trail, just a portion.  Good way to work with County.  Roxie stated, that would have to go before the CVB board.  Vice-Mayor Brumbaugh stated, I feel the golf course should also be on one of them.  If they have events the hotels fill up.  Commissioner Fairbanks stated, this billboard is a possibility that may be available, but we have to be able to react when it comes open if we want it.  Commissioner Garcia stated, for years we been discussing erecting a sign at the entrances to our City; I feel we can get a lot with that money.  Commissioner Fairbanks stated, we do have advertising draws to our community with this project.  We have talked about the signage at entrances, but the billboard is advertising to inform people traveling down the highway what we have to offer.  The overlays last about two years so can change and add to advertising.  Commissioner Garcia stated, that is something we can work constructively with CVB and use City dollars for something more permanent.  Suzanne stated, both points are important to your community, advertising miles in advance or to beatify your entrance.  Darin stated, KDOT has recently put out new regulations on labeling signs, placing restrictions on these signs.  It was targeted for those putting signs on overpasses that were distracting traffic. Everything out there now is grandfathered but going to have to get creative for new ones.  That regulation does not impact billboards.  Commissioner Fairbanks stated, the opportunity for billboards will not come along very often and need to make a decision ahead of time whether we are interested or not.  Commissioner Schields stated, it never hurts to advertise.  Commissioner Garcia stated, that is correct but want to use tax money most effective way we can.  Commissioner Fairbanks asked, when will CVB be doing a new overlay.  Roxie stated, I believe they were just done in 2018.
3. Sales Tax – Andrew stated, we went to County Commission meeting. I was not aware until the day of meeting that the County does not have authority for a sales tax initiative.  In 2007 the City delegated them to use the City sales tax initiative and we got some of our roads in town done.  This governing body has to agree for County to continue tax for Highway 24.  The discussion was productive; they are concerned about Highway 24, county roads and how to pay for the maintenance.  For the City it is the same, roads, infrastructure and need to figure where we can come together.  Neither will succeed with an initiative if we do not come together for the projects with sales tax.  Mayor Linin asked, do you feel discussion moved forward to share tax?  Vice-Mayor Brumbaugh stated, probably after the sunset date.  Andrew stated, that is correct they indicated they will continue to collect sales tax until 2023, even if bond paid off and just use money for maintenance.  Commissioner Schields stated, the meeting was very positive.  Commissioner Garcia stated, Andrew did a good job with dialogue.  They are on board with getting one percent passed.  Vice-Mayor Brumbaugh stated, the biggest thing we need to look at is any opportunity we can to consolidate operations.  The days of not working together are over.  We have to work together for the betterment of the tax dollar.  I feel good about it if we keep sales tax at 9%.  It was encouraging to hear from community present on how productive the meeting was.  Next joint meeting is scheduled for April 16^th at 730 a.m. at Wolak Building.

REPORTS

1. City Managers Report- 1. Dispatch remodel is proceeding quickly.  2. Sporer has resumed the street project.  The focus is curb and gutter on Center then will transfer to 10^th Street between Main and Broadway.  We will have to close the street down to stage equipment.    We have begun construction of the dog park.  4. City wide cleanup is scheduled for week of April 30^th.  Same requirements as last year where everything has to be placed at the curb and we will only make one sweep through the City.  They can begin putting stuff out April 25^th.  5.  Arbor Day is May 3^rd at 9:00 a.m., location to be determined.  6.  Next joint meeting of the City and County Commission is April 16^th at 7:30 a.m. at Wolak Building.
2. Commissioners

Vice-Mayor Brumbaugh – 1.  No Report

Commissioner Fairbanks – 1.  No Report

Commissioner Garcia – 1.  I have had a few calls concerning citizens walking dogs around 10^th and 11^th Streets and not disposing of animal waste.  Need to encourage them to carry a plastic bag.

Commissioner Schields – 1.  I appreciate the boards and people volunteering to serve on them.  The recommendations are important even though they may not necessarily be accepted.  Our volunteers are important.

1. Mayors Report – Echo comments of Commissioner Schields; at the end of the day the Commission has to make tough decisions.

EXECUTIVE SESSIONS

1. Executive Session – Under the authority of KSA 75-4319 (b)(6) for preliminary discussions relating to the acquisition of real property – Mayor Linin made a motion at 6:45 p.m. to recess into executive session under authority of S.A.75-4319 (b)(6) for preliminary discussions relating to the acquisition of real property not to exceed ten minutes.   I request the Commission, Andrew and Mary be present. Commissioner Fairbanks seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 6:55 p.m.
2. Action from Executive Session – ON A MOTION by Commissioner Fairbanks to approve the Sale of Real Estate Agreement for 1008 Main seconded by Vice-Mayor Brumbaugh. MOTION carried on a VOTE of 5-0.

ADJOURNMENT WAS HAD ON A MOTION Commissioner Garcia seconded by Commissioner Schields.  Motion carried by unanimous VOTE, meeting adjourned at 6:55 p.m.  Next meeting is scheduled for April 15^th.

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ATTEST:                                                                               Brian Linin, Mayor

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Mary P. Volk, City Clerk