11-19-2012 MinutesCITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
November 19, 2012
4:00 p.m.
w The City Commission convened at 3:45 p.m. in a Study Session for a Citizens Open Forum.
y 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.
U 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:
Jason A. Gage, City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
CITIZEN FORUM
None.
AWARDS AND PROCLAMATIONS
None.
' PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing and report on Petition 4351, filed by Eric Lund on behalf of the First
Covenant Church, requesting the vacation of the west 70 feet of a 20 feet east -west
utility easement located 520 feet north of Magnolia Road on Lot 1, Block 1 of the
Magnolia Hills Addition.
(5.1a) First reading Ordinance No. 12-10666.
Mayor Jennings opened the public hearing.
Martha Tasker, Director of Utilities, explained the request and that no other utility
providers have service lines within the easement.
Mayor Jennings noted that he is a member of the church and Ms. Tasker responded
to his question regarding the location of the existing fire hydrant.
There being no further comments the public hearing was closed.
12-0280 N Moved by Commissioner Householter, seconded by Commissioner Crawford, to pass
l Ordinance No. 12-10666 on first reading. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of November 5, 2012.
' 12-0281 Moved by Commissioner Shirley, seconded by Commissioner Householter, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
None.
ADMINISTRATION
(8.1) Second reading Ordinance No. 12-10665 levying Salina Business Improvement
District No.1 service fees for 2013.
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Mayor Jennings noted that Ordinance No. 12-10665 was passed on first reading on
November 5, 2012 and since that time no comments have been received.
12-0282 Moved by Commissioner Crawford, seconded by Commissioner Shirley, to adopt
Ordinance No. 12-10665 on second reading. A roll call vote was taken. Aye: (5) Angell,
w Crawford, Householter, Shirley, Jennings. Nay: (0). Motion carried.
N (8.2) Resolution No. 12-6944 adopting findings of facts and conclusions of law and
denying Application SP12-1, filed by Salina Parks and Recreation Department,
' requesting approval of a wireless communication facility in Indian Rock Park.
U Dean Andrew, Director of Planning, outlined the proposed resolution.
12-0283 II Moved by Commissioner Angell, seconded by Commissioner Householter, to adopt
Resolution No, 12-6944. Aye: (5). Nay: (0). Motion carried.
(8.3) Authorize the purchase of a GPS survey rover for the Utilities Department.
Martha Tasker, Director of Utilities, explained the use of the equipment and
funding of the purchase.
12-0284 Moved by Commissioner Householter, seconded by Commissioner Angell, to authorize
the purchase of a GPS survey rover from Laser Specialist, Inc. in the amount of $11,075.
Aye: (5). Nay: (0). Motion carried.
(8.4) Resolution No. 12-6946 authorizing the City Manager to renew the agreement with
Lincoln Financial Group for life insurance services.
Natalie Fischer, Director of Human Resources, explained the current life insurance
benefits and renewal agreement.
12-0285 Moved by Commissioner Shirley, seconded by Commissioner Angell, to adopt Resolution
No. 12-6946. Aye: (5). Nay: (0). Motion carried.
Mayor Jennings asked with the consent of the other Commissioners to move Other
Business prior to the executive session.
OTHER BUSINESS
Christopher Hernandez, 1503 Stapler, expressed his concerns of substantial conflict
of interest and financial interest within the Planning Commission, specifically in
relation to Commissioner Mikesell's action to the amendments to the sign
regulations. Mr. Hernandez continued by reading sections of the Planning
Commission's bylaws and state statutes.
Mayor Jennings questioned the nature of the complaint and whether it was a result
of the outcome of a specific action or regarding the overall process.
Mr. Hernandez continued to commenting on the public use district. He felt that
there was a lack of respect when speaking to the Planning Commission. He then
expressed his concerns of the elimination of "checks and balances' on any requests
that are brought forth. Mr. Hernandez suggested that the City of Salina begin using
social media sites, such as Facebook and Twitter, to get the public more informed
on issues that are being considered.
' Commissioner Householter commented on the use of social media sites and placing
guidelines on the usage.
Mayor Jennings commented on the importance of citizen involvement and
apologized to Mr. Hernandez for feeling the way he did.
Sandra Hernandez, 1940 Starlight Drive, commented on conflict of interest
regulations, amended sign regulations, quasi-judicial procedure, and the public use
district. She continued to express her concerns of the inability to speak to a
commissioner prior to a quasi-judicial issue.
Jason Gage, City Manager, expressed the importance of citizen involvement. He
also noted that in a quasi judicial role it does not eliminate citizen involvement on
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the issue, but allows the comments to be presented to the entire commission as a
Mr. Bengtson continued to outline action taken by the Planning Commission at
their April 3, 2012 regular meeting and that after review of the recording and
minutes of the meeting, Commissioner Mikesell disclosed his ownership of a sign
company. He continued to explain that the company is operated out of Belleville,
KS and within the last three years the city has only issued two sign permits to the
company. City counsel felt that the substantial interest did not rise to that level.
However, there is a need to clarify recognizable finance interest.
Mr. Bengtson explained that conflict of interest state law addresses the award of
contracts; however, unless a contract is being awarded through a public bid process
then the person does not have to abstain.
A discussion followed between Ms. Hernandez and Mr. Bengtson regarding the
outcome of the vote, if there was a need for the vote to be retracted, and a quorum
of the commission.
Michael Schrage, Deputy City Manager, provided the City Commission a report on
the concerns Mr. Hernandez brought to the last regular meeting. He explained that
in 2006 the section was amended and indivertibly removed the grandfather clause
from the section. In 2012, staff discovered the error and presented an ordinance to
the City Commission for approval on first and second reading on the same day in
order to place the grandfathering clause back into the section..
(8.5) Request for executive session (legal, personnel)
12-0286 Moved by Commissioner Shirley, seconded by Commissioner Householter, to recess into
executive session for 30 minutes to discuss with legal counsel matters subject to the
attorney-client privilege for the reason that public discussion of those matters would
waive the privilege and adversely affect the City's interest in the matters for the purpose
of discussing matters pertaining to non -elected City personnel for the reason that public
discussion of the matter would violate the privacy rights of the non -elected personnel
involved; and reconvene at 5:55 p.m. Aye: (5). Nay: (0). Motion carried.
ADJOURNMENT
' 12-0287 Moved by Commissioner Angell, seconded by Commissioner Shirley,
meeting of the Board of City Commissioners be adjourned. Aye: (5).
carried. The meeting adjourned at 6:08 p.m.
[SEAL] Norman M. Je irn
444)
Y
Lieu Ann Else , City Clerk
the regular
(0). Motion
Mayor
Page 3
whole.
Greg Bengtson, City Attorney, felt that the quasi judicial role enhanced public
awareness, but prohibits an individual from communicating with the
w
commissioners prior to the hearing.
NA
discussion followed between Mr. Bengtson and Ms. Hernandez on the quasi
_
judicial procedures, presenting and communicating information to the Commission,
'
and making findings of fact.
Commission Angell felt that it was important to note that typically these issues
have two competing sides, and prior communications would place the other party
at a disadvantage.
A discussion followed between Ms. Hernandez, Mr. Bengtson, Mr. Gage, and
Mayor Jennings regarding the use of _executive session, quasi judicial closed
sessions, and board procedures and meeting rules.
Mr. Bengtson continued to outline action taken by the Planning Commission at
their April 3, 2012 regular meeting and that after review of the recording and
minutes of the meeting, Commissioner Mikesell disclosed his ownership of a sign
company. He continued to explain that the company is operated out of Belleville,
KS and within the last three years the city has only issued two sign permits to the
company. City counsel felt that the substantial interest did not rise to that level.
However, there is a need to clarify recognizable finance interest.
Mr. Bengtson explained that conflict of interest state law addresses the award of
contracts; however, unless a contract is being awarded through a public bid process
then the person does not have to abstain.
A discussion followed between Ms. Hernandez and Mr. Bengtson regarding the
outcome of the vote, if there was a need for the vote to be retracted, and a quorum
of the commission.
Michael Schrage, Deputy City Manager, provided the City Commission a report on
the concerns Mr. Hernandez brought to the last regular meeting. He explained that
in 2006 the section was amended and indivertibly removed the grandfather clause
from the section. In 2012, staff discovered the error and presented an ordinance to
the City Commission for approval on first and second reading on the same day in
order to place the grandfathering clause back into the section..
(8.5) Request for executive session (legal, personnel)
12-0286 Moved by Commissioner Shirley, seconded by Commissioner Householter, to recess into
executive session for 30 minutes to discuss with legal counsel matters subject to the
attorney-client privilege for the reason that public discussion of those matters would
waive the privilege and adversely affect the City's interest in the matters for the purpose
of discussing matters pertaining to non -elected City personnel for the reason that public
discussion of the matter would violate the privacy rights of the non -elected personnel
involved; and reconvene at 5:55 p.m. Aye: (5). Nay: (0). Motion carried.
ADJOURNMENT
' 12-0287 Moved by Commissioner Angell, seconded by Commissioner Shirley,
meeting of the Board of City Commissioners be adjourned. Aye: (5).
carried. The meeting adjourned at 6:08 p.m.
[SEAL] Norman M. Je irn
444)
Y
Lieu Ann Else , City Clerk
the regular
(0). Motion
Mayor
Page 3