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03-12-2018 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS March 12, 2018 4:00 p.m. The City Commission convened at 2:30 p.m. for the Sanitation Automation, Recycling and Yard Waste Discussion and at 3:45 p.m. for Citizens Forum. 77, 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: Vice-Mayor Trent Davis (presiding), Commissioners Joe Hay,Jr., Melissa Rose Hodges, and Mike Hoppock. Also present: Jason Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Shandi Wicks,City Clerk. Absent: Mayor Karl F. Ryan AWARDS AND PROCLAMATIONS (3.1) The week of March 11-17, 2018 as "Sunshine Week" in the city of Salina. Annie Hayes,Salina Central High School Senior and Co-Editor-In-Chief of The Pylon, read the proclamation. CITIZENS FORUM Joan Ratzlaff, Salina, provided her thoughts on open meetings and read information from the Attorney General's office regarding open meetings for bodies that follow the Kansas Open Meetings Act, information pertaining to executive sessions and the creation of agendas for meetings. Greg Bengtson, City Attorney, stated the form of motions were carefully prepared for motions for executive session and staff was very attentive to the requirements. Commissioner Hodges asked if a citizen can sign up to receive the agenda notifications. Jason Gage, City Manager, stated yes through the City of Salina website or by contacting the City Clerk's office. Chris Upson, Executive Director for USD No. 305, stated he was not able to stay for the meeting but wanted to publicly thank staff for drafting the text amendment on the zoning for school signs. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of March 5, 2018. (6.2) Approve Resolution No. 18-7534 approving the amended Salina Development Incentive Program - Facade Grant/Forgivable Loan Guidelines as requested by Salina Downtown Inc. and the Business Improvement District#1 Board of Advisors. Page 1 (6.3) Award contract for the 2018 Asphalt Mill & Inlay, Project No. 80009 to APAC- Kansas, Inc., in the amount of $1,550,000 with no additional construction contingency. (6.4) Approve Resolution No. 18-7535 authorizing the City Manager to execute an agreement with Andrea Swisher to provide indigent counsel services for the Salina Municipal Court. (6.5) Accept the offered public utility easement from Kelly Dunn Construction, Inc on Lot 49, Block 1 of Golden Eagle Estates Addition No. 5 and authorize the Vice- Mayor to sign the utility easement documents accepting the easement dedications on behalf of the City. Commissioner Hodges requested that Item 6.2 be removed from the consent agenda. Vice-Mayor Davis requested that Item 6.4 be removed from the consent agenda. 18-0089 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to approve the consent agenda items 6.1, 6.3 and 6.5. Aye: (4). Nay: (0). Motion carried. (6.2) Approve Resolution No. 18-7534 approving the amended Salina Development Incentive Program - Facade Grant/Forgivable Loan Guidelines as requested by Salina Downtown Inc. and the Business Improvement District#1 Board of Advisors. Commissioner Hodges provided her thoughts on the amended program guidelines. Commissioner Hodges asked if staff recommended to include that any non-permanent items only be funded as part of a larger project and complimentary to primary, fixed improvements would need to be included in the motion. Jason Gage, City Manager, stated yes if the commission wished to have the language included in the amended guidelines. Vice-Mayor Davis asked for an example of a business that did not pay service fees. Mr. Gage stated businesses that were not-for-profit did not pay service fees. Vice-Mayor Davis asked if those businesses could still submit an application for the program. Mr. Gage stated yes but the applications for those that pay service fees would be given preference. 18-0090 Moved by Commissioner Hodges, seconded by Commissioner Hay, to adopt Resolution No. 18- 7534 approving the amended Salina Development Incentive Program - Facade Grant/Forgivable Loan Guidelines as requested by Salina Downtown Inc. and the Business Improvement District #1 Board of Advisors subject to a requested amendment providing guidelines that any non- permanent items only be funded as part of a larger project and complimentary to primary, fixed improvements. Aye: (4). Nay: (0). Motion carried. (6.4) Approve Resolution No. 18-7535 authorizing the City Manager to execute an agreement with Andrea Swisher to provide indigent counsel services for the Salina Municipal Court. Vice-Mayor Davis stated his question related to the equal opportunity section of the agreement and asked if in Salina sexual orientation or gender identity were reasons to refuse representation of a client or defendant. Mr. Gage stated the staff would need to amend the equal opportunity portion of the agreement as it was included in a prior agreement that did not include the change that the City Commission made. He continued to state the provisions Page 2 would not affect the person the City of Salina was contracting with, as they would fall under the exemption. Vice-Mayor Davis asked why the moral standard did not apply to an attorney in an office of Lrithree (3) but would be applied to an office of a hundred. Mr. Gage stated absent the sexual orientation and gender identity piece which was to be a local provision the remaining were statutorily based. He continued to state the exception was based on state law. Greg Bengtson, City Attorney, stated as the function of a definition of an employer as a matter of state law and as that was similarly defined under the local code. 18-0091 Moved by Commissioner Hodges, seconded by Commissioner Hay, to adopt Resolution No. 18- 7535 authorizing the City Manager to execute an agreement with Andrea Swisher to provide indigent counsel services for the Salina Municipal' Court subject to the addition of sexual orientation and gender identity to the protected classes listed. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (7.1) Authorize the purchase of a single incident reporting system for the Fire Department. Shane Pearson, EMS Chief, stated the Fire Chief was out of town accepting the department's re-accreditation by the Center of Public Safety Excellence and continued by stating one of the benchmarks as part of the accreditation process was to implement a single incident report system. He continued to provide additional information regarding the software system and action options. Vice-Mayor Davis asked if the billing would be easier using the new system. Mr. Pearson stated the system would integrate with the current EMS software used by the Finance Department. Commissioner Hay asked if the annual cost included the yearly upgrades. Mr. Pearson stated the annual cost included up to 10,000 incident reports entered into the system and upgrades. • Commissioner Hoppock asked for additional information on the company. Mr. Pearson stated several fire departments along with several states had contracted with the company. He continued by stating the State of Kansas Board of EMS had contracted with the same company a couple years ago and was happy with the system. He also stated all of the EMS incident data would be uploaded every 24 hours and automatically sent to the state system which was becoming a federal requirement to go to the National EMS Incident Reporting System. Commissioner Hodges congratulated staff for the accreditation, thanked Chief Royse for the great commission information memorandum in the packet last week and thanked staff for their service at the fire fatality yesterday and was glad the crew was able to come through it safely. 18-0092 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to approve the purchase Inmgetrend Elite Rescue incident reporting software, in the amount of 559,900 with recurring costs of $14,150 for support. Aye: (4). Nay: (0). Motion carried. Page 3 (7.2) Resolution No. 18-7530 authorizing the Vice-Mayor to sign a License Agreement with North Salina Community Development, Inc. authorizing placement of the "Little Libraries" within the public right-of-ways inside the City limits. Jim Kowach, Director of Public Works, explained the request, locations, fiscal impact and action options. Vice-Mayor Davis asked if materials inside of a little library had content that was bothersome to a citizen, who would a complaint be filed with. Mr. Kowach stated the complaints would probably be filed with the City of Salina but the materials within the library would be responsible of North Salina Community Development. Jason Gage, City Manager, stated staff had discussion regarding the materials within the little libraries and felt that since the books at the public library were not monitored, staff felt they should not monitor the books within the little libraries. Commissioner Hay asked where the books would be coming from. Brenda Gutierrez, United Way stated the item would be both new and used books donated by citizens. Ms. Gutierrez provided information on the importance of reading and how the little libraries would help the community. Commissioner Hoppock asked if citizens wanted to donate books where they could be dropped off at. Ms. Gutierrez stated the books could be dropped off at the United Way office at 210 East Walnut. Commissioner Hodges asked how many books a container could hold. Mrs. Gutierrez stated up to 28 books depending on the size of the books. Joan Ratzlaff,Salina, provided information on the current little libraries in the community. 18-0093 Moved by Commissioner Hay, seconded by Commissioner Hodges, to adopt Resolution No. 18- 7530 authorizing the Vice-Mayor to sign a License Agreement with North Salina Community Development, Inc. authorizing placement of the "Little Libraries" within the public right-of-ways inside the City limits. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) First reading Ordinance No. 18-10929 amending Section 42-518.2 of the Public Use District sign regulations to amend the limitations on the number and size of signs allowed on secondary (high) school campuses in the city. Dean Andrew, Director of Planning, explained the request, Planning Commission recommendation, and action options. Commissioner Hoppock asked if there was a timeframe on when the electronic messaging signs would be on. Jason Gage, City Manager, stated the sign at the Tony's Pizza Event Center had a timing mechanism built in. Mr. Andrew stated the sign operations were already built into the code listing 7:00 am to 10:00 p.m. unless there was a special event. Commissioner Hay asked if there was a reason the ordinance couldn't be passed on first and second reading today. Mr. Gage stated if the Commission felt there was a compelling public interest the ordinance could be passed on first and second reading today. Commissioner Hoppock provided his thoughts on the approval of the ordinance on first and second reading today. Page 4 Vice-Mayor Davis asked if multiple wall signs would be allowed on a building. Mr. Andrew stated staff would develop an allocation based on the size of the buildings. Mr. Gage asked for clarification by staff on the wall sign allocation. Mr. Andrew stated the size of the walls on the entire building would be added together to calculate the allocation Z amount of wall signs on the entire building. He continued by stating a building could have multiple signs as long as they do not exceed the allocation amount. 18-0094 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to pass Ordinance No. 18-10929 amending Section 42-518.2 of the Public Use District sign regulations to amend the H limitations on the number and size of signs allowed on secondary (high) school campuses in the city on first reading. Aye: (4). Nay: (0). Motion carried. OTHER BUSINESS Commissioner Hay stated Sam Stone was in attendance working towards his Boys Scout eagle badge and wanted to welcome him. Commissioner Hodges asked for an update on the Parks Master Plan. Jason Gage, City Manager, stated staff was working on a timeline to bring the master plan back to the City Commission. He continued to state he did not have the information with him but would share that information with the commission. Commissioner Hodges thanked Mr. Gage for traveling to Topeka to testify on senate Bill Nos. 432 and 434 regarding STAR Bonds. Mr. Gage provided an update on the testimony and conversations regarding the bills. Jim Kowach, Director of Public Works, noted the free landfill day approved by the commission last fall in conjunction with the Fall Fix-Up Day and asked if the City Commission would be interested in having a free landfill day again in conjunction with the Spring Spruce-Up. He continued by asking if the commission would like staff to bring back a since request or put a request together allowing for two (2) free landfill days a year. The City Commission reached a consensus to have staff bring back a request allowing for two (2) free landfill days a year. ADJOURNMENT 18-0095 Moved by Commissioner Hay, seconded by Commissioner Hoppock, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 4:52 p.m. [SEAL] Karl F. Ryan, Mayor A�TTE_yST:� (7 Asa44N.t Shandi Wicks, CMC, City Clerk Page 5