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11-27-2017 Minutes CITY OF SALINA,KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS November 27,2017 4:00 p.m. The City Commission convened at 2:30 p.m. for the Senator Hardy Legislative Issues 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 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 None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing for HPSA, LLC North Ninth Community Improvement District (CID) Petition. (5.1a) First reading Ordinance No. 17-10911 approving the HPSA, LLC North Ninth Community Improvement District. Michael Schrage, Deputy City Manager, explained the district, community improvement district(CID) policy and possible action options. Mayor Crawford opened the public hearing. Commissioner Davis asked if there was a provision given for purchases made outside of Salina. Mr. Schrage stated the construction material purchase would be sales tax exempt but the amount would depend on where the materials were purchased. Commissioner Blanchard asked if there were any other existing hotels that were demolished and another hotel was built. Mr. Schrage stated he was not aware of any. Commissioner Blanchard asked if the applicant had other hotel properties in town and if there was an anticipation of lessening the current hotels the applicant owned. Mr. Schrage stated that question would be best answered by the applicant. Mayor Crawford asked if the Hilton Garden Inn received the sales tax exemption. Mr. Schrage stated no, they did not receive industrial revenue bond financing. Jason Gage, City Manager, stated there was a challenge for the property being located within the floodway and the property owner was taking a risk with this property. Commissioner Hodges asked at what point the comprehensive plan would be updated to Page I add this property for the area of change. Mr. Schrage stated providing additional incentives for development and making the application process easier for the applicants. Mr. Gage stated the comprehensive plan could be updated in the future. Commissioner Blanchard asked if the applicant had other hotel properties in town and if there was an anticipation of lessening the current hotels the applicant owned. Hasu Bhakta, HPSA, LLC, stated he currently owned 14 hotels total with 6 of those in Salina. He continued by stating a majority of the hotels he owned were smaller mom and pop motels. There being no further comments the public hearing was closed. 17-0351 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to pass Ordinance No. 17- 10911 establishing the HPSA North Ninth Street Community Improvement District in the City of Salina, Kansas and authorizing the imposition of a Community Improvement District Sales Tax to be collected within such district on first reading. Aye: (5). Nay: (0). Motion carried. Commissioner Hodges asked ifstaff needed direction on the development agreement and industrial revenue bonds. Mr. Schrage provided additional information on the request. Commissioner Ryan provided his thoughts on the development agreement and the issuance of industrial revenue bonds. A conversation ensued between the Commission, Mr. Gage, Mr. Schrage and Greg Bengtson, City Attorney, regarding the development agreement and issuance of industrial revenue bonds. The Commission reached a consensus for staff to bring back the development agreement and industrial revenue bond items with the second reading of the ordinance. CONSENT AGENDA (6.1) Approve the minutes of November 20, 2017. (6.2) Approve the allocation of sub CIP funds in the amount of $53,000 for the Police Department to purchase property at 309/311 N. 10th Street from the Buildings and Facilities 2017 sub-CIP funds being paid for out of the Sales Tax Fund. (6.3) Approve Resolution No. 17-7502 authorizing the City Manager to renew with Delta Dental of Kansas, Inc. for dental care benefits effective February 1, 2018. (6.4) Accept and authorize the 2018 Vehicles and Equipment Sub-CIP, authorizing staff to solicit bids and proposals as required by City policy. Commissioner Blanchard requested that Item 6.1 be removed from the consent agenda. 17-0352 Moved by Commissioner Davis, seconded by Commissioner Hodges, to approve the consent agenda less Item 6.1. Aye: (5). Nay: (0). Motion carried. Mayor Crawford thanked Natalie Fischer, Director of Human Resources for the detailed commission information memorandum. (6.1) Approve the minutes of November 20, 2017. Commissioner Blanchard asked for an amendment to the end of page 3 of the minutes. Shandi Wicks City Clerk read the full uninterrupted remarks of Commissioner Ryan. "So I Page 2 guess we're back 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 tci 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 B 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 to 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 Blanchard asked if there was a need for a motion to amend the minutes. Greg Bengtson, City Attorney, stated yes, a motion to amend the minutes and a motion to approve the amended minutes. 17-0353 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to amend the minutes of November 20, 2017 to reflect the full and uninterrupted remarks of Commissioner Ryan beginning at 1:42:22 and ending at 1:44:06. Aye: (5). Nay: (0). Motion carried. 17-0354 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to approve the minutes of November 20, 2017, as amended. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 17-10909 amending Article VII, Division 2, Sections 42-409 - 42-417 of the Salina Zoning Ordinance - Rezoning to a Planned Commercial District. Mayor Crawford noted that Ordinance No. 17-10909 was passed on first reading on November 20, 2017 and since that time no comments have been received. 17-0355 Moved by Commissioner Hodges, seconded by Commissioner Blanchard, to adopt Ordinance No. 17-10909 amending Article VII, Division 2,Sections 42-409 - 42-417 of the Salina Zoning Ordinance - Rezoning to a Planned Commercial District on second reading. A roll call vote was taken. Aye: (5) Blanchard, Davis, Hodges, Ryan, Crawford. Nay: (0). Motion carried. (7.2) Resolution No. 17-7498 authorizing the Mayor to sign a real estate purchase agreement with RealTek, L.L.C., in order to acquire the property, a duplex, located at 309 and 311 North 10th Street, Salina, Kansas. Brad Nelson, Police Chief, explained the purchase, fiscal impact and action options. Page 3 17-0356 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt Resolution No. 17- 7498 authorizing the Mayor to sign a real estate purchase agreement with RealTek, L.L.C., IIin order to acquire the property, a duplex, located at 309 and 311 North 10th Street, Salina, ,. Kansas. Aye: (5). Nay: (0). Motion carried. 4 (7.3) Resolution No. 17-7501 authorizing the City Manager to execute renewals of Agreement to Provide Administrative Services for a Self-Funded Health Benefit Plan and Individual and Aggregate Stop-loss with BlueCross BlueShield of Kansas. Natalie Fischer, Director of Human Resources, explained the agreement, fiscal impact and U action options. Commissioner Davis asked if the City of Salina offered a health savings account. Ms. Fischer stated the health insurance policy was not considered a high deductible policy therefore a health savings plan was not an option but the City of Salina did offer a flexible spending account. Mayor Crawford asked if the employees were utilizing the flexible spending account. Ms. Fischer stated there were not as many employees' utilizing the flexible spending account as she would like to see. She continued to provide additional information regarding the flexible spending account program. Commissioner Hodges thanked Ms. Fischer for her detailed commission information memorandum. I17-0357 Moved by Commissioner Davis, seconded by Commissioner Hodges, to adopt Resolution No. 17- 7501 authorizing the City Manager to execute renewals of Agreement to Provide Administrative Services for a Self-Funded Health Benefit Plan and Individual and Aggregate Stop-loss with BlueCross BlueShield of Kansas. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Consider Resolution No. 17-7500 designating the City-owned real estate surrounding the Smoky Hill Museum as a limited public forum for the purposes of the display of commemorative plaques, signs or markers and Resolution No. 17- 7497 authorizing the Mayor to execute an agreement with the Jewish American Society of Historic Preservation to accept the donation of a commemorative marker to honor August Bondi to be placed on City-owned real estate outside the Smoky Hill Museum. Dean Andrew, Director of Planning, explained the request, existing historic markers, potential marker location,erection and maintenance and action options. Greg Bengtson, City Attorney, explained the limited public forum concept in relation to the request. Commissioner Davis asked where the marker would be located. Mr. Andrew stated the marker would be placed between the sidewalk and the front of the building. 1 Commissioner Ryan asked if there was a similar space available on the other side of the building. Mr. Andrew stated there was additional space available on the other side of the front of the building and on the side of the building on Eighth Street. Commissioner Blanchard asked if there was a need for the commission to develop a specific Page 4 type and size of sign for these types of markers. A conversation ensued between the commissioners and Mr. Andrew regarding the limited public forum and sign types and sizes. Mayor Crawford asked what type of sign the Dunbar sign was. John Burger, Assistant Planner, stated it was an alternative type of sign but would require a pedestal to be mounted on. He continued to provide detailed information on the potential marker. T=. A conversation continued to ensue between the Commission and Mr. Burger regarding the type of commemorative marker. Brad Anderson, Director of Arts and Humanities, provided information regarding the types and sizes of signs located within the community and the request of the commission to not limit the types and sizes of the markers within the community. Dr. David Silverman, Heritage Commission Chair, provided information regarding the request. Commissioner Davis asked for information on the location of the marker. Mr. Silverman stated the museum building was the best compromise for the location of the marker. Commissioner Hodges thanked staff and Jerry Klinger for their work on the request. She continued to provide her thoughts on the request. 17-0358 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to adopt Resolution No. 17- 7500 designating the City-owned real estate surrounding the Smoky Hill Museum as a limited public forum for the purposes of the display of commemorative plaques, signs or markers. Aye: (5). Nay: (0). Motion carried. 17-0359 Moved by Commissioner Hodges, seconded by Commissioner Blanchard, to adopt Resolution No. 17-7497 authorizing the Mayor to execute an agreement with the Jewish American Society of Historic Preservation to accept the donation of a commemorative marker to honor August Bondi to be placed on City-owned real estate outside the Smoky Hill Museum. Aye: (5). Nay: (0). Motion carried. Commissioner Blanchard provided his thoughts on the request and thanked staff for their work. OTHER BUSINESS Commissioner Hodges provided information on the staffing issues at the Police Department. She continued to state she had multiple conversations with Chief Nelson and Jason Gage, City Manager, regarding the staffing issues at the Police Department and felt the subject needed to be moved to the front and reviewed or have a staffing study done. Mr. Gage stated exit interviews were held at the department level and through Human Resources, he stated the last staffing study was completed in 2009 and a comprehensive study had not been done since. He continued to provide information on the staffing levels at the Police Department, the pay scale and retention of officers. Commissioner Ryan asked if the staffing shortage were the street level officers. Mr. Gage stated yes, the most critical positions that need filled are the street level officers. Commissioner Blanchard asked if there was a point that staff that was over qualified were performing duties that could be done by civilians. Chief Nelson stated the positions that Page 5 could have been downsized to civilian positions were done soon after he began employment. He continued to provide additional information on the shortage of officers throughout the United States and the current staffing at the Salina Police Department. A conversation continued to ensue between the Commission, Mr. Gage and Chief Nelson regarding the staffing shortage and the effects throughout the United States. n tu Commissioner Hodges asked who paid for the incoming officer training. Mr. Nelson stated ya the fees were funded through traffic tickets and a small portion of vehicle registrations. Commissioner Blanchard asked for information on the parks master plan, the river renewal project, the downtown streetscape project, the downtown STAR Bonds and the Salina o Fieldhouse. Mr. Gage stated the consultant for the parks master plan should be back in the next couple weeks. Jim Kowach, Director of Public Works, stated once the transferee agreements were approved, the streetscape project could be sent out for bid. Commissioner Hodges asked for an update on the traffic signal at Santa Fe and Ash and if a traffic signal would need to be installed. Mr. Kowach stated staff felt a signal was needed to assist with movement of pedestrians. Mr. Gage stated the design firm was beginning work on the conceptual design of the river renewal project. Martha Tasker, Director of Utilities, stated the public engagement portion was wrapping up and the survey results were being tabulated to develop a design memorandum to bring back to the city commission. Commissioner Blanchard asked when the bonding would be done for the downtown streetscape and the river renewal project. Mr. Gage stated the temporary notes would be issued first then roll over into a bond issuance for the river renewal project. He continued by providing information on the issuance of general obligation bonds and STAR Bonds. A conversation ensued between the Commission, Mr. Gage and Michael Schrage, Deputy City Manager, regarding the STAR Bond district for downtown and the sales tax information for the businesses. Commissioner Davis recognized the Salina Central Python Newspaper for their recent award. Commissioner Davis asked if there was still a need for a special ethics counsel due to the recent discussion on the potential ethics violation. Commissioner Davis stated he had received questions from citizens on the letters pertaining to the economic development with the chamber that could not be released and the need for possible future discussions of the letters to reassure the citizens of the community. Jason Gage, City Manager, stated there were two (2) letters that would be reviewed by the third party legal review and the results from that review could help determine the approach and decision to be made by the governing body. (9.1) Request for executive session (personnel). I17-0360 Moved by Commissioner Davis, seconded by Commissioner Ryan, to discuss an employee's performance and status pursuant to the non-elected personnel matter exception, K.S.A. 75- Page 6 4319(b)(1) for 45 minutes. The open meeting will resume in this room at 6:50 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:05 p.m. and reconvened at 6:50 p.m. No action was taken. z 17-031 Moved by Commissioner Hodges, seconded by Commissioner Crawford, to extend the current y executive session for an additional 40 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:50 p.m. and reconvened at 7:30 p.m. No action was taken. ADJOURNMENT 17-0362 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 7:30 p.m. [SEAL] Ka e ra ford, Mays, ATTEST: Shandi Wicks,CMC,City Clerk 1 Page 7