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10-09-2017 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 9, 2017 4:00 p.m. The City Commission convened at 2:30 p.m. for Downtown Streetscape Update and at 3:45 p.m. for Citizens Forum. The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City-County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of g silence. Those present and comprising a quorum: Mayor Kaye J. Crawford (presiding), Commissioners Jon Blanchard,Trent Davis, Melissa Rose Hodges, and Karl Ryan. Also present: Jason Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. AWARDS AND PROCLAMATIONS (3.1) The week of October 8-14, 2017 as "Fire Prevention Week" in the city of Salina. Chief Royse provided information regarding work by the staff of the Salina Fire Department in providing information to the citizens of Salina on the importance of fire prevention. He continued by inviting the Governing Body to the national Guns- n-Hoses event that will be held on Sunday, October 15, 2017 at Kansas Wesleyan University. Troy Long, Fire Marshal, read the proclamation and announced additional associated events. Mayor Crawford thanked the Saline Fire Department staff for their hard work in Salina from the citizens of Salina. CITIZENS FORUM None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of October 2, 2017. 17-0280 Moved by Commissioner Hodges, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) First reading Ordinance No. 17-10898 amending Chapter 38, Article I of the Salina Code by adopting the 2017 Standard Traffic Ordinance. (7.1b) Declare a compelling public purpose exists to allow first and second reading on the same day. (At the discretion of the Governing Body). Page 1 (7.1c) Second reading Ordinance No. 17-10898. (At the discretion of the Governing Body). Christina Trocheck, City Prosecutor, explained the amendments, local amendments and action options. • w Commissioner Davis asked for additional information on the new Section 133 of the Standard Traffic Ordinance. Ms. Trocheck stated the change would require a bicycle in use between sunset to sunrise to be equipped on the rear with a red reflector visible from 100 feet to 600 feet or a lamp that emits a red light visible from 500 feet, or the operator must wear a device that emits a red or amber light visible from 500 feet. Commissioner Davis asked if the lamp on the front of a bicycle was no longer required. Ms. Trocheck stated the previous law required both a reflector and red light visible from the rear and also a lamp on the front emitting white light. Commissioner Ryan asked what the difference was in a golf cart with a Seg-way or a wheelchair. Ms. Trocheck provided the definition of a golf cart and stated there were specific definitions for most operated vehicles. Commissioner Blanchard asked if the seat belt fine was already brought to the Commission or if this was another increase. Ms. Trocheck stated staff had brought the seat belt fine to the City Commission earlier in the year; it was simply incorporated into the Standard Traffic Ordinance. Commissioner Hodges asked if it was common to do a first and second reading on the same day. Ms. Trocheck stated staff was prepared to place the ordinance in effect by Thursday but could make arrangements if second reading was on a separate date. Mr. Gage stated it was typical to place the items on the agenda with a request for a compelling public purpose. Greg Bengtson, City Attorney, stated there was an enormous amount of work in preparing the next 2 items and it was extremely beneficial to keep the adoptions together to keep them simultaneously. Ms. Trocheck stated it was easier for staff if the adoption dates were kept together. A conversation ensued between the Commission and Mr. Bengtson regarding the need for the compelling public purpose. 17-0281 Moved by Commissioner Hodges, seconded by Commissioner Davis, to pass Ordinance No. 17- 10898 amending Chapter 38, Article 1 of the Salina Code by adopting the 2017 Standard Traffic Ordinance on first reading. Aye: (5). Nay: (0). Motion carried. 17-0282 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to declare a compelling public purpose exists for second reading approval of Ordinance No. 1740898 on the same day as the first reading. Aye: (5). Nay: (0). Motion carried. 17-0283 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to adopt Ordinance No. 17-10898 amending Chapter 38, Article 1 of the Salina Code by adopting the 2017 Standard Traffic 1 Ordinance on second reading. A roll call vote was taken. Aye: (5) Blanchard, Davis, Hodges, Ryan,Crawford. Nay: (0). Motion carried. Page 2 (7.2) First reading Ordinance No. 17-10900 adopting Chapter 25, Article XIII of the Salina Code pertaining to drug offenses. (7.2b) Declare a compelling public purpose exists to allow first and second reading on the same day. (At the discretion of the Governing Body). a (7.2c) Second reading Ordinance No. 17-10900. (At the discretion of the Governing y Body). Christina Trocheck, City Prosecutor, explained the amendments and action options. Commissioner Davis asked if what we were doing now was significantly different than state law. Ms. Trocheck stated there were currently no ordinances for marijuana or drug paraphernalia and citizens would be referred to the Saline County District Court. She continued by stating the charges were handled through the Saline County Attorney's Office and were filed by the Saline County District Court. Mayor Crawford asked what the reason was for the adoption. Ms. Trocheck stated it was by request of the Salina Police Department and stated it was a tradition in most municipalities for the municipality to handle the charges of the drug offenses. She continued by stating there would be an opportunity for a diversion program through municipal court that was currently not available through the district court. Jason Gage, City Manager, stated municipal court was able to develop a better approach for docket management and case testifying to assist the police officers. Commissioner Blanchard asked if this would change the enforcement of the offenses. Ms. Trocheck stated no, it was simply to allow the municipal court to try the cases instead of all of the cases going to district court. Ms. Trocheck stated it would also help to limit the amount of time spent by police officers and evidence technicians in court. Commissioner Hodges asked if the diversion policy would help limit the amount of overcrowding in the jail. Ms. Trocheck stated it would help to elevate the jail overcrowding. She continued to state an individual in violation would be provided a notice to appear in court instead of being booked through the jail system. 17-0284 Moved by Commissioner Hodges, seconded by Commissioner Davis, to pass Ordinance No. 17- 10900 adopting Chapter 25, Article XIII of the Salina Code pertaining to drug offenses on first reading. Aye: (5). Nay: (0). Motion carried. 17-0285 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to declare a compelling public purpose exists for second reading approval of Ordinance No. 1710900 on the same day as the first reading. Aye: (5). Nay: (0). Motion carried. 17-0286 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to adopt Ordinance No. 17- 10900 adopting Chapter 25, Article XIII of the Salina Code pertaining to drug offenses on second reading. A roll call vote was taken. Aye: (5) Blanchard, Davis, Hodges, Ryan, Crawford. Nay: (0). Motion carried. (7.3) First reading Ordinance No. 17-10899 amending and repealing certain sections of Chapter 25 of the Salina Code by adopting the 2017 Uniform Public Offense Code for Kansas Cities. Page 3 ffl (7.3b) Declare a compelling public purpose exists to allow first and second reading on the same day. (At the discretion of the Governing Body). (7.3c) Second reading Ordinance No. 1740899. (At the discretion of the Governing Body). E a w Christina Trocheck, City Prosecutor, explained the Uniform Public Offense Code (UPOC), local amendments and action options. Tz Commissioner Davis asked if the UPOC had a broader definition of a reckless discharge of LS a firearm in the city. Ms. Trocheck stated the UPOC did not have a definition of a reckless discharge of a firearm and stated the Salina Code currently had the definition and would be a local amendment to the UPOC in the Saline Code under Section 10.5. Commissioner Blanchard asked what a definition was of being reckless. Ms. Trocheck stated a person disregarding a risk and a reasonable person disregarding a risk. A conversation ensued between the Commission, Ms. Trocheck and Jason Gage, City Manager, regarding reckless conduct. Mr. Gage asked if all acts of accidental discharge was considered to be reckless discharge. Ms. Trocheck stated not all accidents would lead to reckless discharge. A conversation continued to ensue between the Commission and Ms. Trocheck regarding reckless conduct. a Mr. Gage asked if someone was handling a firearm in a place that a normal individual would not handle a firearm, would that be considered as reckless conduct. Ms. Trocheck stated that would be a reckless conduct. Commissioner Davis asked if worthless checks would still be handled in the district court. Ms. Trocheck stated yes, that was not a charge the municipal court would take on, it would remain in the Saline County District Court. Mayor Crawford asked if littering would be handled by the Salina Municipal Court. Ms. Trocheck stated littering would be handled in municipal court and continued by providing additional information regarding the charges for littering. A conversation ensued between the Commission and Ms. Trocheck regarding littering. Greg Bengtson, City Attorney, stated there was a need to amend the ordinance under Section 10.5 (9) to amend the wording of Executive Director of the Salina Airport Authority to include the designee and amend the title of the Salina Municipal Airport to read Salina Regional Airport. 17-0287 Moved by Commissioner Hodges, seconded by Commissioner Davis, to pass Ordinance No. 17- 10899 amending and repealing certain sections of Chapter 25 of the Salina Code by adopting the 2017 Uniform Public Offense Code for Kansas Cities, with the change of Section 10.5 (9) changing the gender specific pronoun and changing the wording from Salina Municipal Airport to Salina Regional Airport on first reading. Aye: (5). Nay: (0). Motion carried. 117-0288 Moved by Commissioner Davis, seconded by Commissioner Hodges, to declare a compelling public purpose exists for second reading approval of Ordinance No. 17-10899 on the same day as the first reading. Aye: (5). Nay: (0). Motion carried. Page 4 ,17-0289 Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Ordinance No. 17- 10899 amending and repealing certain sections of Chapter 25 of the Salina Code by adopting the 2017 Uniform Public Offense Code for Kansas Cities, with the change of Section 10.5 (9) changing the gender specific pronoun and changing the wording from Salina Municipal Airport to Salina Regional Airport on second reading. A roll call vote was taken. Aye: (5) Blanchard, Davis, Hodges, Ryan, Crawford. Nay: (0). Motion carried. (7.4) Resolution No. 17-7485 authorizing the Mayor to enter into a Supplemental Agreement relating to the Development Agreement for the Salina Downtown STAR Bond Project District. 8 Jason Gage,City Manager,explained the agreement and action options. Commissioner Blanchard stated he did receive a phone call from Trace Walker who stated that Bob Johnson and Larry Britegam would be in attendance at the meeting. He continued by asking within the January 5, 2017 letter from the Secretary of Commerce regarding the 9 conditions specifically #6 pertaining to the City entering into a binding development agreement, subject to the approval of the Secretary of Commerce, to fund and build the private project components, and asked if there was enough time to meet the end of October deadline. Mr. Gage stated the transferee agreements would be in line with the downtown streetscape project and continued by providing additional information on the timeline for the transferee agreements. Bob Johnson, representative of Salina2020, stated the Secretary of Commerce had seen the template of the transferee agreement and stated the transferee agreements would need to be in place prior to bond issuance. Commissioner Blanchard asked if there would be a similar footprint of the projects brought to the City Commission in January of 2017. Mr. Johnson stated he did not see a drastic difference in the footprint of the projects. Commissioner Blanchard asked what was in the supplemental agreement that points to a retail mix that was most marketable. Mr. Johnson stated there was projection information within the agreement that reflected on the new developers. Mr. Gage stated there would be a need for judgement and stated there could be additional tools useful in making a decision. Michael Schrage, Deputy City Manager, stated there were additional tools in Exhibit E that would allow for additional contemplation of the use of the funding. Commissioner Blanchard asked if a retailer would relocate from one location to another or leave town, but would not qualify for STAR Bond proceeds, how could this situation be handled. Mr. Johnson stated there could be a mix of reasons why a project could be a good project but maybe not in the particular area. Mr. Gage stated there could be reasons to leave those out of the downtown development area. Commissioner Blanchard asked if Salina2020 had recruited a retail consultant. Mr. Johnson stated Salina2020 had recruited an individual that was knowledgeable in retail but was not a firm that specialized in retail. Commissioner Blanchard asked if there was a provision to add addendums in the future. Mr. Gage stated there was always an opportunity to add addendums in the future. He continued by stating the purpose of Exhibit E being so vague, allowed for flexibility when projects were brought forward. Page 5 a 17-0290 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to adopt Resolution No. 17-7485 authorizing the Mayor to enter into a Supplemental Agreement with Salina2020. Aye: (5). Nay: (0). Motion carried. tnin (7.5) Report on prior actions related to amending the City's Personnel Manual, Article 4 "Equal Opportunity" and Article 5 "Sexual and Other Workplace Harassment Policy" to add reference to "sexual orientation and gender identity". N Jason Gage, City Manager, reported on the prior actions, application issues for discussion, federal and state enforcement and action options. Commissioner Blanchard asked if the state or federal enforcement portion was in effect when the original changes were made in the Personnel Manual in 2012. Mr. Gage stated the enforcement portion was not in place when the original changes were made in 2012. Mayor Crawford provided her thoughts on the item and the need to postpone the item to the future. She continued to state that there were some items she would like to see come before the City Commission prior to the end of the current terms. Commissioner Blanchard provided his thoughts on the possible amendments to the City's Personnel Manual relating to sexual orientation and gender identity and was ready to put the item on the agenda for next week. Commissioner Ryan provided his thoughts on the item and felt action should be postponed to a later date. Commissioner Blanchard asked if the City's Personnel Manual items would be placed on an election ballot. Mr. Gage stated it would not normally be placed on an election ballot and there had not been any discussion with City of Salina staff regarding the amendments. Mayor Crawford asked how long it would take to prepare the documents and return the item to the City Commission. Mr. Gage stated he did not think the preparation on drafting the documents would take very long but the conversations with employees and employee groups could be a more difficult process requiring educating the employees. Mayor Crawford asked if there would be an agreement before the end of the year with Saline County. Mr. Gage stated it would be up to the City Commission and there could be additional work for legal if a decision was made. Commissioner Davis asked if there was a prohibition to place the amendments within the City's Personnel Manual. Mr. Gage stated there was not a prohibition to have articles in the City's Personnel Manual pertaining to sexual orientation and gender identity. Commissioner Hodges stated the item was on the agenda due to her request; she provided her thoughts on the agenda item and stated she had been doing a lot of reading through Standard Human Resource Management and continued to provide her thoughts on the agenda item and the need to include the amendments in the City's Personnel Manual. Commissioner Davis asked if there was a way to determine how long it would take to process the request. Mr. Gage stated staff would need to have conversations with City of Salina staff and have a clear interpretation perspective from legal prior to implementation. He continued by stating he was not sure how long it would take to prepare the item. A conversation ensued between the Commission and Mr. Gage regarding employee surveys. Page 6 Gary Martens, 821 Highland, provided his thoughts on the amendments to the City's Personnel Manual regarding sexual orientation and gender identity. He continued by stating the amendments were in place for 6 months in 2012 and the City of Salina was able to handle the addition of the amendments. Mr. Gage stated there was not an employee issue because the original adoption of Chapter 13 of the Salina Code pertained to the entire community. N Commissioner Blanchard asked if Article 4 and 5 as they were presented and approved on December 17, 2012 could be placed on the agenda for the October 16, 2017 City Commission meeting and asked what staff time it would take. Mr. Gage stated the amount of staff time to prepare the item would be minimal but implementation and conversations with staff would take the most time. A conversation ensued between the Commission and Mr. Gage regarding the implementation of the Articles if they were approved. Commissioner Davis provided his thoughts on the agenda item and the need to not avoid the topic. A conversation continued to ensue between the Commission and Mr. Gage regarding the implementation of the Equal Opportunity and Sexual and Other Workplace Harassment Policy Articles in the City's Personnel Manual and developing language pertaining to public accommodations. Commissioner Blanchard asked if he wished to make a motion to place an item on the agenda, did it have to be placed on the next meeting agenda or could it be date specific. Greg Bengtson, City Attorney, stated the motion could be date specific. 17-0291 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to place the consideration of amending the City's Personnel Manual, Article 4 "Equal Opportunity" and Article 5 "Sexual and Other Workplace Harassment Policy" to add reference to "sexual orientation and gender identity" and public accommodations on the November 6, 2017 City Commission agenda. Mayor Crawford asked if staff would still be able to stay on schedule for additional topics that could be completed by the end of the year. Mr. Gage stated the preparation of the agenda item would not take much time but the implementation and conversations with staff would take longer if the item was approved. Commissioner Davis asked how accommodations would be dealt with in the City/County Building. Mr. Gage stated it would only apply to facilities owned by the City of Salina and not the City/County Building. He continued by stating if the City Commission wished to have the accommodations for the facilities within the City/County Building the request would have to go before the City/County Building Authority. Mayor Crawford restated the motion to place the consideration of the amending the City's Personnel Manual, Article 4 "Equal Opportunity" and Article 5 "Sexual and Other Workplace Harassment Policy", to add reference to "sexual orientation and gender identity" and public accommodations on the November 6, 2017 City Commission agenda. Aye: (4). Nay: (1) Ryan. Motion carried. (7.6) Resolution No. 17-7481 formally adopting the amended Cihy of Salina Municipal Naming Guidelines. Page 7 Jason Gage,City Manager, explained the amendments and the action options. Commissioner Davis asked if a commercial naming category would like the timeframe of the naming. Mr. Gage stated the policy would leave open the specifics of an agreement for commercial naming. A conversation ensued between the Commission and Mr. Gage on the commercial naming category. 17-022 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to adopt Resolution No. 17-7481 formally adopting the amended City of Salina Municipal Naming Guidelines as proposed. 3 Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Mayor Crawford thought the Commission Information Memorandum (CIM) prepared by Chief Nelson was excellent and asked staff to pass the word along to him. She continued to provide information from the letter attached to the CIM from the Central Kansas Mental Health Center for the work of Detective Andrew Zeigler and Detective Lane Mangels with Central Kansas Mental Health Center. She also continued by commending Officer Dave Villanueva, Detective Crystal Hornseth, Detective Lane Mangels, Seargent James Feldmen, Detective Matt Halton, Detective Rachel Larson, Detective Crystal Marks, Detective Tim Hoesli, Detective Amanda Londono and Detective Chris Venables for their assistance to the United States Postal Service during an investigation. Commissioner Davis stated the signage within the Salina Regional Airport Industrial Center area could be updated for easier reading. Mr. Gage stated staff would work on updating the street signs in the area. Commissioner Davis stated he was able to play basketball at the Salina Fieldhouse recently and noticed the pictures of what the property used to look like but asked for the status of the plaque listing the funding for the facility. He continued by stating the need to include the City Commissioners on the list and the current Mayor. Commissioner Hodges stated the Smoky Hill Museum had a plaque that recognized the City Manager and felt that should be included on the plaque for the Salina Fieldhouse. Commissioner Blanchard thanked Jim Kowach and Jim Teutsch for their help on the Fall Fix-Up and thanked the crew of city workers for their help on the Fall Fix-Up day as well. He continued by welcoming Ms. Driscoll the new Director of Community & Development Services. ADJOURNMENT 17-0293 Moved by Commissioner Davis, seconded by Commissioner Hodges, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:43 p.m. [SEAL] Kaye . Cr• f , Mayor Page 8 ATTEST: OkkaikOLL (k) Shandi Wicks, CMC, City Clerk Luc` N U I II II Page 9