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05-21-2012 MinutesI CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS May 21, 2012 4:00 p.m. The City Commission convened at 3:45 p.m. in a Study Session on Citizens Public Forum. The Regular Meeting of, the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City -County Building. A roll call was taken followed by the Pledge of ' Allegiance and a moment of silence. There were present: Mayor Norman M. Jennings, Presiding Officer Commissioner Samantha P. Angell Commissioner Kaye J Crawford Commissioner Aaron Householter Commissioner Barb Shirley comprising a quorum of the Board, also present: Chief James Hill, Acting City Manager Greg Bengtson, City Attorney Shandi Wicks, Deputy City Clerk CITIZEN FORUM John Bowsen, 2363 Chapel. Ridge Place, on behalf of Salina Cares, expressed concerns regarding fluoridation in Salina's water. AWARDS AND PROCLAMATIONS (4.1) The day of May 26, 2012 as "Poppy Day" in the city of Salina. Sue Herrman, Vice - President of the American Legion Auxiliary, read the proclamation and announced upcoming events. (4.2) The week of May 20-26, 2012 as "National Public Works Week" in the city of Salina. Kent Johnson, Civil Engineer, read the proclamation and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on an appeal of Application #CU 03-2B requesting an amendment of the original Conditional Use Permit approved for the Hospice Center (730 Holly Lane). Mayor Jennings opened the public hearing and explained that the City Commission is acting in a quasi-judicial capacity. City Attorney Greg Bengtson introduced Todd Luckman with Stumbo Hanson LLP as the legal counsel representing the City of Salina for this item. Dean Andrew, Director of Planning, explained the request, staff comments and analysis, Planning Commission action, and the commission alternatives. Mr. Andrew responded to Mayor Jennings' question on the commission capacity and commission alternatives. Jack Hinnenkamp, Vice -President of Facilities for Salina Regional Health Center, provided background on the request, noted positive and negative impacts, and the real estate appraisals obtained. Mr. Hinnenkamp distributed those to the commission. He then responded to Commissioner Angell's question regarding traffic count. Linda Simpson, Director of Clinical Services with Salina Regional Health Center, provided- 'mental health data information and . information pertaining to services provided by Veridian Behavioral Health. David Morris, Veridian Behavioral Health Team Leader, explained the hours of operation. Ms. Simpson provided background information packets to the commission regarding the services provided. -Ms. Simpson continued to explain facts regarding mental health. Shasta LaDue, client of Veridian Behavioral Health, explained her personal experiences and the help her family has received from Veridian. Page 1 Darrin Griffin, client of Veridian Behavioral Health, explained his personal experiences and the help he has received from Veridian. Tom Bell, client of Veridian Behavioral Health, explained his experience and the help Lo he received. W Travis Koochall, Afghanistan Vet and former Veridian Behavior Health client, also explained his personal experiences and the help he received from Veridian. Pastor William Salmon, 744 S. Tenth, commented on the current use of the facility and N the need to leave the facility as it remains. a Virigina Morse, 731 Holly Lane, provided information on the impact of Veridian would have to their home. Dana Morse, 731 Holly Lane, provided brief history of his home, thoughts on the Hospice current facility, the traffic volumes and the addition of Veridian. Mr. Morse responded to Commissioner Householter's question regarding the lots for sale in the affected area. Jim Gardner, real estate agent for Gardner's (Wichita, KS), spoke on behalf of Virgina and Dana Morse, provided his background information along with appraisal and analysis information and how the proposed change will affect the Morse's home. Mr. Gardner and Mr. Lackman commented on Commissioner Householter's question regarding the requirements of stigmas attached to the property. Mr. Gardner also responded to Commissioner Householter's question regarding banking institutions willingness to lend. Dr. George Jerkovich, Veridian Behavioral Health Center Psychiatrist, provided background information regarding the cliental of the center. Ms. Brenda O'Gorman, 705 Victoria Heights Terrace, expressed her concerns on the addition of Veridian Behavioral Health. Dr. Stan O'Neill, 271 S. Simpson Road, retired veterinarian, commented on the beautiful facility currently at the location and would like to see the facility unchanged. Mr. Hinnenkamp summed up a few key points regarding the traffic flow and real estate appraisal of adjacent property. Mr. Hinnenkamp responded to Mayor Jennings question regarding other end of life agencies available in Salina and the 1 -North behavioral services. He also responded to Commissioner Crawford's question regarding inpatient services at this location. Mr. Hinnenkamp commented on Commission Householter's question regarding the long term affects on the services if restrictions are placed by the commission. Mr. Dana Morse is in favor for compromise and commented on future change in nature to the property. Commissioner Crawford recommended recessing into quasi-judicial session with legal council for 10 minutes. 12-0108 Moved by Commissioner Crawford, seconded by Commissioner Householter, to recess into quasi-judicial session for 10 minutes to discuss with legal counsel matters and reconvene at 6:19 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into quasi-judicial session at 6:09 p.m. and reconvened at 6:29 p.m. 112-0109 Moved by Commissioner Crawford, seconded by Commissioner Householter to extend the recess into quasi-judicial session for an additional 10 minutes and reconvene at 6:40 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into quasi-judicial session at 6:30p.m. and reconvened at 6:44 p.m. 12-0110 Moved by Commissioner Shirley, seconded by Commissioner Householter, to send the item back to the Planning Commission for clarification to review new evidence regarding possible effects on property valuations, traffic counts, to limit hours of operation to 8 a.m. to 5 p.m. and outpatient treatment. Aye: (5). Nay: (0). Motion carried. Page 2 12-0111 12-0112 G Mr. Lackman noted clarifications for direction to the Planning Commission. Mayor Jennings noted that the public hearing remains open until the item is brought back to the City Commission. CONSENT AGENDA (6.1) Approve the minutes of May 14, 2012. (6.2) Resolution No. 12-6905 authorizing an agreement with USD #305 assigning four uniform law enforcement officers to serve in the School Resource Officer program. (6.3) Approve the Bicentennial Center Improvements, Phase 1 (Geiger Engineers analysis for rigging grid in the amount of $47,200; Praters Athletic Flooring to refinish Kurt Budke basketball court in the amount of $20,562.60; and Precision Electrical Contractors to upgrade electrical power locations in arena and Heritage Hall in the amount of $32,875). (6.4) Authorize reimbursement of environmental remediation consulting fees to the Salina Airport Authority. (6.5) Acceptance of a grant award from the National Recreation and Park Association in the amount of $50,000. Moved by Commissioner Householter, seconded by Commissioner Shirley, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. ADMINISTRATION (8.1) Second reading Ordinance No. 12-10637 annexing a segment of Magnolia Road from the flood control levee to 300 feet east of Markley Road and Markley Road from its intersection with Magnolia Road north to the existing city limits. Mayor Jennings noted that Ordinance No. 12-10637 was passed on first reading on May 7, 2012 and since that time no comments have been received. Moved by Commissioner Angell, seconded by Commissioner Shirley, to adopt Ordinance No. 12-10637 on second reading. A roll call vote was taken. Aye: (5) Angell, Crawford, Householter, Shirley, Jennings. Nay: (0). Motion carried. (8.2) Second reading Ordinance No. 12-10639 amending Chapter 13 of the Salina Code pertaining to Equal Opportunity and Affirmative Action. Mayor Jennings noted that Ordinance No. 12-10639 was passed on first reading on May 14, 2012 and since that time comments have been received. City Attorney Greg Bengtson, explained the process for placing initiative and referendum question on the November 6, 2012 general election ballot and implementation options. Mr. Bengtson responded to Commissioner Crawford's question regarding the options and clarified the immediate effective time frame. A conversation ensued between the Commission and Mr. Bengtson regarding the implementation options. Janice Norlin, 608 E. Republic, commented that the City of Lincoln, Nebraska implemented a similar ordinance recently and noted the implementation process that was chosen in that particular city. A conversation ensued between Ms. Norlin, Mayor Jennings and Mr. Bengtson regarding the petition process and ordinance implementation. Mr. Bengtson responded to Ms. Norlin's question regarding the city business at the general election and to Ms. Norlin's question regarding the County Counselor Mr. Bengtson responded to Hugh Irvin, 1127 E. Ellsworth, question regarding how the ordinance can be effective if the implementation has not taken place. Mayor Jennings responded to Kay Tarr, 2307 Northwood Lane, question regarding the Page 3 N N 2 a w m 12-0121 12-0122 1 12-0123 12-0124 J Mr. Andrew also responded to Commissioner Householter's question regarding the location of the proposed shop and the public and private shared land proposal. Mr. VanMeter noted the location of the building encroaching into the vacated area and his willingness to allow the City of Salina to utilize the land when needed with advance notice. Commissioner Householter identified alternative number 2 as the best option. Moved by Commissioner Householter, seconded by Commissioner Shirley, to extend the public hearing to June 18, 2012 to allow additional property research or surveying work to be performed by City staff . Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of May 21, 2012. Moved by Commissioner Angell, seconded by Commissioner Crawford, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) First reading Ordinance No. 12-10640 requesting an amendment of Article X Signs, by adding Section 42-518.2 P (Public Use) district to the City's Sign Regulations. Dean Andrew, Director of Planning, explained the request and the Planning Commission recommendation. Moved by Commissioner Householter, seconded by Commissioner Angell, to pass Ordinance No. 12-10640 on first reading. Aye: (5). Nay: (0). Motion'carried. ADMINISTRATION (8.1) Resolution No. 12-6906 authorizing the Mayor to execute lease agreements with Salina Regional Health Center to provide emergency and temporary facilities for ongoing operation of the Salina -Saline County Health Department. Jason Gage, City Manager, explained the proposed lease agreements and the deposit required for each. Greg Bengtson, City Attorney, provided more details on the agreements and information regarding the insurance coverage for the locations. Mayor Jennings thanked Salina Regional Health Center for expediting of the agreements and the use of the buildings at no cost. Moved by Commissioner Shirley, seconded by Commissioner Householter, to adopt Resolution No. 12-6906. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS None. ADJOURNMENT Moved by Commissioner Householter, seconded by Commissioner Shirley that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 4:58 p.m. /11"'k [SEAL] Norman ennings, Mayor ATTEST: Lieu Ann Elsey, CMC, City Clerk Page 2