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11-20-2017 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS November 20, 2017 4:00 p.m. LL The City Commission convened at 2:30 p.m. for the Creation of Land bank and at 3:45 p.m. for Citizens Forum. z 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 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 None. CITIZENS FORUM William Lutey, 603 Smith Avenue, stated there were theft problems and stealing of fish at Lakewood Park. He continued by providing additional information on the situation and potential needs. Mayor Crawford thanked Mr. Lutey for letting the commission know of the situation and stated the city manager would follow up on the situation. PUBLIC HEARI,NGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on Petition No. 4388, (filed by Ken Bieberly on behalf of Bieberly Architects, PA), requesting the vacation of the South Twenty (20) feet of the 80 feet right-of-way for Pine Street between North Santa Fe Avenue and North Fifth Street abutting Lot 19 on Santa Fe Avenue and Lot 20 on Fifth Street in the Original Town (now City) of Salina,Saline County, Kansas. (5.1a) First reading Ordinance No. 17-10910. Mayor Crawford opened the public hearing. Dean Andrew, Director of Planning,' explained the request, affected utilities, license agreement option and action options. Ken Bieberly, Bieberly Architects, PA, stated the property was a limited liability partnership and continued to provide information on the request. He continued to state the property owners would be in favor of holding the vacation until the improvements were made, but stated they were not in favor of a license agreement for the request. Mayor Crawford asked if the license agreement would require the City of Salina to remove snow and care for the street. Mr. Andrew stated the license agreement would address maintenance of the street such as snow removal. Abner Pemey, 101 Overhill Road, provided his thoughts on the request and stated the possible improvements would make the adjacent property more attractive. Page 1 There being no further comments the public hearing was closed. ,17-0342 Moved by Commissioner Davis, seconded by Commissioner Hodges, to pass Ordinance No. 17- 10910 on first reading. Mr. Andrew asked if the motion included the condition staff listed in the agenda item. He w continued by stating the ordinance included the conditions so if the governing body e9 approved the ordinance as written then it would include the conditions. IS Mayor Crawford called the question to pass Ordinance No. 1740910 on first reading. Aye: s (5). Nay: (0). Motion carried. U CONSENT AGENDA (6.1) Approve the minutes of November 13, 2017. (6.2) Approve the minutes of November 15, 2017. 17-0343 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION Mayor Crawford asked if the commission would like for item 7.1 to be moved after Development Business. Commissioner Davis stated his preference to move item 7.1 after Development Business. Commissioner Blanchard asked who the applicant was for the Development Business item. Dean Andrew, Director of Planning, stated the planning commission. A consensus was reached to continue with the agenda in the order listed. (7.1) Discuss and consider action on a possible violation of the City of Salina Ethics Policy (Resolution No. 17-7463). Jason Gage, City Manager, briefly explained the City of Salina Ethics Policy. Commissioner Hodges asked if legal counsel would be providing counsel on this item. Greg Bengtson, City Attorney, stated his firm was hired to provide legal counsel for the City of Salina. A conversation ensued between the Commission and Mr. Bengtson regarding the possible violation and the ethics policy. Mr. Gage read policy sections within the City of Salina Ethics Policy pertaining to the special ethics counsel. The conversation continued to ensue between the commissioners regarding the possible violation and the ethics policy. Commissioner Davis asked if the policy section that stated with the special ethics counsel, does the matter need to be continued to have special ethics counsel in attendance at the 1 meeting. Mr. Bengtson stated the governing body could use their own discretion regarding the matter. Mr. Gage continued by reading specific sections of the City of Salina Ethics Policy pertaining to the special ethics counsel. A conversation ensued between the commissioners regarding the ethics policy, the possible Page 2 need for special ethics counsel and the possible violation. ,17-0344 Moved by Commissioner Hodges, seconded by Commissioner Blanchard, to release all correspondence without redactions between the City of Salina and the Salina Area Chamber of Commerce regarding economic development function including letters dated January 17, January 23, February 5, March 11, and November 18, 2014. u, A conversation continued to ensue between the commissioners regarding the motion on the 1 floor and the ethics policy. A conversation ensued between Commissioner Blanchard and Mr. Gage regarding the o letters written by the City of Salina and the Salina Area Chamber of Commerce. Commissioner Blanchard asked if the January 23, 2014 letter could be read and on record. Mr. Gage stated the January 23, 2014 letter was considered an open record without redactions. Commissioner Blanchard asked if the January 23, 2014 could be included with the minutes as a record. Mr. Gage stated it could be included as a record to the minutes. Commissioner Blanchard asked who the letters were addressed to at the Salina Area Chamber of Commerce. Mr. Gage stated the letters were addressed to the President and CEO and the Executive Board of the Salina Area Chamber of Commerce. A conversation continued to ensue between the Commission and Mr. Gage regarding the letters referenced in the motion between the City of Salina and the Salina Area Chamber of Commerce and the ethics policy. 1 Commissioner Blanchard asked what the process was to obtain authorization from the City Commission to release redacted information. Mayor Crawford provided her thoughts on the released documents and the ethics policy. Commissioner Davis asked if the letters could be passed out for review before a motion was made. Mr. Bengtson stated it would be best to review those letters in executive session. Commissioner Davis asked if the Commission could recess in executive session before a motion was made. Mr. Bengtson stated yes, the commission could recess into executive session prior to making the motion. 17-0345 Moved by Commissioner Davis, seconded by Commissioner Ryan, to discuss with legal counsel pursuant to the attorney-client privileged communications with legal counsel exception, K.S.A. 45- 7319(b)(2), for 10 minutes. The open meeting will resume in this room at 5:35 p.m. Aye: (4). Nay: (1) Hodges. Motion carried. The City Commission recessed into executive session at 5:25 p.m. and reconvened at 5:35 p.m. No action was taken. 17-0346 Moved by Commissioner Davis to amend the motion to only release the January 23, 2014 and February 5, 2014 letters without redactions. Motion died due to lack of second. Mr. Gage stated the letters of January 23, 2014 and February 5, 2014 were already released without redactions. Mayor Crawford called the question without restating the original motion (Motion #17- 0344). Aye: (2). Nay: (3) Crawford, Davis, Ryan. Motion failed. Commissioner Ryan provided his thoughts on the matter. He stated "So I guess we're back . Page 3 to the discussion on whether to take action on the censure and I know that Mr. Blanchard expressed a lot of requests there to our city manager, but I'm opposed to most of those things that he mentioned there. I still come back to I don't have a dog in this hunt and I don't have anything to do with the chamber. I just think that things that are created with = the expectation of confidentiality ought to remain that way. And our ethics policy goes pretty clearly to the public trust and the interest of the City first. And in the portions of it, that address, this wasn't mentioned in our staff report but, if I can find the resolution, the application purpose it states clearly that it applies to City Commissioners and that those in our position must be watchful for ethical considerations that may arise in relation to the performance of their duties. And it also points out that to preserve the ethical integrity of the decision making process inherent in local government. The problem with this in my mind is that Mr. Blanchard may have had his own reasons for releasing these, I don't care about those things. Maybe there was a rogue over there at the Chamber of Commerce. It seems we have our own feral cat right here. He did not address these matters to the commission. He acted outside of the commission. We act as a unit. He should have brought it to us to talk about it. He talked with our city manager about it. He talked to all his friends, but he never discussed it with this commission and that's the ethical violation as I see it." Commissioner Davis asked for a definition of a censure. Mr. Gage stated a private censure would be a private meeting explaining the possible violation and ask the individual to not do it again and a public censure would be a public statement explaining the possible violation and asking the individual to not do it again. Mr. Bengtson would like a brief executive session pertaining to privileged information of the governing body. 17-0347 Moved by Commissioner Davis, seconded by Commissioner Ryan, to discuss a matter relating with legal counsel pursuant to the attorney-client privileged communications with legal counsel exception, K.S.A. 45-7319(b)(2), for 10 minutes. The open meeting will resume in this room at 5:55 p.m. Aye: (4). Nay: (1) Hodges. Motion carried. The City Commission recessed into executive session at 5:45 p.m. and reconvened at 5:55 p.m. No action was taken. Commissioner Davis provided his thoughts on the matter. 17-0348 Moved by Commissioner Davis, seconded by Commissioner Ryan, to publically reprimand Commissioner Jon Blanchard based on a violation to the City of Salina Ethics Section 4 (e) (2). Pat Milhan, 529 W. Iron,provided his thoughts on the matter and stated he needed to know where his money had gone as a tax payer. Frank Hampton, 589 Upper Mill Heights Drive, stated he was on the Salina Area Chamber of Commerce at the time of the letters in 2014 and stated he could not provide any information regarding the letters due to personal information. Joan Ratzlaff,Salina, provided her thoughts on the matter and the ethics policy. Janet Hanson, 1558 Austin Circle, provided her thoughts on the release of the documents, the effect on the community and the need to work on toxic secrets. • Patrick Harrington, 730 Manchester, provided his thoughts on the release of the documents Page 4 and the performance of the Salina Area Chamber of Commerce. Greg Stephens, 842 S. Tenth, provided his thoughts on the matter and asked if the matter possibly changed from a legislative matter to a quasi-judicial matter and the discussion was a quasi-judicial proceeding. Erin Jeffreys, 2013 East Bank Drive, provided her thoughts on the release of the documents, the ethics policy and the performance of the commission. Aaron Householter, 205 Pine Ridge Drive, provided his thoughts on the release of the documents, the performance of the Salina Area Chamber of Commerce and the new economic development organization. Commissioner Hodges provided her thoughts on the matter. Mr. Bengtson stated he felt the need to ask the governing body a question that he could not ask without having the right to wave the privilege or in an executive session. A conversation ensued between the Commission and Mr. Bengtson regarding executive sessions. Commissioner Davis provided his thoughts regarding the relationship of the commission. Commissioner Blanchard provided his thoughts on the matter. Mr. Gage stated he authored some of those documents and was not asked before the documents were released. He continued by stating staff cannot work without consistency and felt the need for a study session to review the open records act and the exemptions of the act. Mayor Crawford called the question without restating the motion (Motion #17-0348). Aye: (3). Nay: (2) Blanchard, Hodges. Motion carried. The City Commission recessed for a short break at 6:40 p.m. and reconvened at 6:46 p.m. DEVELOPMENT BUSINESS (8.1) Application No. Z17-5, (filed by the Salina City Planning Commission), requesting a comprehensive review and amendment of Article VII, Division 2, Sections 42-409 - 42-417 of the Salina Zoning Ordinance - Rezoning to a Planned Commercial District. (8.1a) First reading Ordinance No. 17-10909. Dean Andrew, Director of Planning, explained the request, Planning Commission action and action options. Commissioner Blanchard asked if the site plan review would be a checklist review or site plan analysis. Mr. Andrew stated staff would try to make it as subjective as possible but would use an aesthetic standard as part of a planned commercial district. Commissioner Blanchard asked if there was a way to utilize a design review team type process for a site development plan in a planned commercial district. Mr. Andrew stated the proposed ordinance was a restatement of the existing ordinance but with two (2) new aspects, one (1) listing the required development standards of a site development plan and two (2) a deferred site plan would require a public hearing. Commissioner Davis asked when a deferred site plan was an option. Mr. Andrew stated if Page 5 the pace of development was lacking, a portion of the property could be developed but the site plan could be deferred until the full property was developed. Commissioner Hodges asked if a property would change hands after it was rezoned and a deferred site plan was approved what would be required of the new owner. Mr. Andrew stated the property would remain rezoned but the new owner would still need to submit a site plan. A conversation ensued between the Commission and Mr. Andrew regarding rezoning of properties and deferred site plans. Michael Schrage, Deputy City Manager, asked Mr. Andrew to explain the site development plan design guidelines within the ordinance. Mr. Andrew explained the design guidelines. Commissioner Hodges commended staff for their work on the site development plan design guidelines. Commissioner Blanchard thanked staff and the Planning Commission for their hard work on this agenda item. Mr. Andrew stated the credit needed to go to Mr. Bengtson for drafting the ordinance. Mayor Crawford thanked the Planning Commission for their work on the item. Mr. Andrew provided the action options on the agenda item. Mr. Schrage stated the design guidelines were for community and neighborhood centers and staff will need to review the ordinance between readings to make sure the site development plan design guidelines were for community and neighborhood centers. Mr. Andrew stated staff would look at the ordinance before second reading. 17-0349 Moved by Commissioner Hodges, seconded by Commissioner Davis, to pass Ordinance No. 17- 10909 requesting a comprehensive review and amendment of Article VII, Division 2, Sections 42- 409-42-417 of the Salina Zoning Ordinance- Rezoning to a Planned Commercial District with any modifications necessary for the site development plan design guidelines on first reading. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Commissioner Hodges asked if the Salina 2020 transferee agreements had been submitted. Jason Gage, City Manager, stated all three (3) transferee agreements had been submitted and were currently being reviewed by bond counsel. He continued to state staff would need to review the agreements and prepare the agenda items. Commissioner Hodges asked if the downtown project was still on schedule. Mr. Gage stated staff felt if the transferee agreements could be on the agenda for December 4, 2017, the downtown streetscape project would continue to be on schedule. Commissioner Blanchard asked for a status on the special assessment policy. Mr. Gage stated staff had several meetings on the topic and the legal team currently had it to put in policy form. Commissioner Blanchard thanked staff for their work on the creation of the land bank. Commissioner Hodges asked when the personnel executive session was going to be on the agenda. Greg Bengtson, City Attorney, stated staff thought the commission wished for the matter to be discussed at the November 27, 2017 meeting. Page 6 ADJOURNMENT 17-0350 Moved by Commissioner Ryan, seconded by Commissioner Davis, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 7:42 p.m. [SEAL] a • J. r`J�(, wf�3r•, Mayo It 1 ATTEST: 1 Shandi Wicks,CMC, City Clerk I I Page 7 Sailna Area Chamber g/•Crirrunerce 120 W.,nth,P.O.Boot 586•Saina,KS 67402-0586.785-827-9301•f 785-827-9758•weir minalianses.ag January 23, 2014 Mr. Jason Gage City Manager City of Salina 300 W. Ash Salina, KS 67401 Dear Jason, Re: 2013 Economic Development Services Agreement We accept the amount of S40.100 as complete payment in connection with the 2013 Economic Development Service Agreement Performance Objectives Fees as proposed in your letter of January 17, 2014. To address the concerns in your letter, moving forward we have begun to implement a variety of changes, at multiple levels, designed to specifically improve upon the expectations set forth in our Agreement with the City. We look forward to continued partnership with the City of Salina and the Chamber of Commerce. Sincerely, ru W Loc1 ., �� r Dennis W. Lauver Dale A. Heuszel President & CEO Board Chairman , Right place. Right reason. Right now.