07-23-2018 Minutes CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
July 23, 2018
4:00 p.m.
The City Commission convened at 2:30 p.m. for Budget: Review 2019 Budget & 2018 Revised
Budget 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 Karl F. Ryan (presiding), Commissioners Trent
Davis,Joe Hay,Jr., Melissa Rose Hodges, and Mike Hoppock.
Also present: Jason Gage, City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City
Clerk.
AWARDS AND PROCLAMATIONS
None.
CITIZENS FORUM
Karen Shade, Salina, Kansas, wanted to acknowledge Jason Gage for leaving the
community with a budget and other matters with the county and thanked him for his
work.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Citizen Comments for 2019 Budget.
Jon Blanchard, 1117 State Street, acknowledged that he had sent an email to the Mayor
regarding the 2019 proposed budget and asked if there would be an opportunity for the
public to comment prior to adoption. Mayor Ryan stated there would be opportunities for
the public to comment at future meetings. Jason Gage, City Manager, stated there would be
options for citizen comments and the public hearing on the budget at future meetings.
CONSENT AGENDA
(6.1) Approve the minutes of July 16, 2018.
(6.2) Approve Resolution No. 18-7583 appointing members to the Saline County
Community Corrections Advisory Board.
(6.3) Consider recommendations for grant fund allocation to local agencies for the 2018
Kansas Emergency Solutions Grant.
18-0281 Moved by Commissioner Hay, seconded by Commissioner Hodges, to approve the consent agenda
as presented. Ave: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Resolution No. 18-7582 expressing gratitude and appreciation to City Manager
Jason A. Gage for his employment with the City of Salina.
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Mayor Ryan read the resolution and provided his thoughts on Mr. Gage's tenure with the
City of Salina and thanked him for his service.
Commissioner Davis provided his thoughts on Mr. Gage's work in the community.
Commissioner Hay thanked Mr. Gage for his hard work.
w Commissioner Hoppock thanked Mr. Gage for his support and hard work.
Mayor Ryan presented Jason A. Gage with a plaque of appreciation.
18-042 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Resolution No. 18-
8 7582 expressing gratitude and appreciation to City Manager Jason A. Gage for his employment
with the City of Salina. Aye: (5). Nay: (0). Motion carried.
(7.2) Responses to requests for Statements of Qualifications from city manager executive
recruitment firms.
Natalie Fischer, Director of Human Resources, provided information on the statements of
qualifications received.
Mayor Ryan thanked staff for putting together the report and stated he was a little
overwhelmed by the response.
Commissioner Hoppock asked if Ms. Fischer, as an employee of the City of Salina, had
used one of the companies in a search before and could give any information on the firm.
Ms. Fischer stated she had worked with Springsted Waters a little over a year ago to 18
months ago for the recruitment of a finance director.
Jason Gage, City Manager, stated Springsted Waters was the only firm he was familiar
with and stated the firm was organized and followed the timelines but continued to state
the other firms were very capable at performing the tasks.
Commissioner Hay stated the Springsted Waters firm stood out to him and was his
number one choice.
Commissioner Hodges stated the number of responses was a surprise and stated she had
put together a rubric to help make her selections and her selections were
Springsted I Waters and The Austin Peters Group.
Commissioner Hoppock stated he had put together a similar document of the pro's and
con's, stated his number one choice was Springsted I Waters and provided his thoughts on
the firm.
Commissioner Davis stated he was able to take the eight (8) received down to four (4), he
stated he narrowed down his choices to The Austin Peters Group, GovHR, Huelife and
Springsted I Waters.
Mayor Ryan stated he had chosen three (3) firms: The Austin Peters Group, GovHR and
Springsted I Waters. He also stated it sounded like the Governing Body had all chosen
Springsted I Waters.
A conversation ensued between the Commission regarding the selected firm and options to
alter the proposal received.
Commissioner Hoppock asked if there was a way to alter the amount of time the firm was
in town. Ms. Fischer stated with the Governing Body being the customer, staff thought the
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firm may expand the timeframe spent in the community if requested.
Greg Bengtson, City Attorney, stated it would be helpful for staff to know what the
commission would like to see in the contract.
Commissioner Davis stated he would like to see the work performed similar to that of
GovHR and also mentioned The Austin Peters Group.
Commissioner Hodges stated she would like to see more than just the Commission to
develop the candidate profile.
Mr. Bengtson asked if the development of the candidate profile would extend past the
Governing Body. A conversation ensued between the Commission and Mr. Bengtson
regarding the development of the candidate profile.
Mr. Bengtson asked if there was a benefit to having a representative from the firm come out
and have a conversation face to face with the Governing Body. Commissioner Hoppock
asked if it could be through a phone conversation. Mr. Gage stated the conversation could
occur either through a study session or during a regular meeting.
Commissioner Hoppock asked if the conversation could occur next week. Mr. Gage stated
by consensus schedule a special meeting for next Monday,July 30, 2018 at 4:00 p.m.
18-0283 Moved by Commissioner Davis, seconded by Commissioner Hay, to table Agenda Item 7.2 to just
prior to Other Business.
(7.3) Authorize publication of the Notice of Budget Hearing for the 2019 Budget and
establish the maximum limits of the 2019 Budget.
Debbie Pack, Director of Finance & Administration, explained the process, public hearing
dates, mill levy and maximum limits of the 2019 budget.
Commissioner Hodges asked if the motion was to set the public hearing and/or set the
maximum limits of the budget. Ms. Pack stated both.
Commissioner Hodges provided her thoughts on the use of property taxes for economic
• development and the increase in the mill levy causing a burden on the middle to lower
classes and the small business owners.
18-0284 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to authorize publication of
the Notice of Budget Hearing for the 2019 budget which sets August 13th as the date of public
hearing on the 2019 budget, and establishes the maximum limits of the 2019 budget. Ave: (4). Nay:
(1) Hodges. Motion carried.
Jason Gage, City Manager, stated the maximum limit for the increase of the mill levy of
29.00 was the maximum it could be increased and stated the mill levy could be set lower.
(7.4) Resolution No. 18-7580 amending the Rules of Procedure and Order of Business for
conducting meetings of the City Commission.
Jason Gage, City Manager, explained the amendments and action options.
Mayor Ryan asked for clarification on Rule No. 21. Greg Bengtson, City Attorney, stated
there were two (2) scenarios: (1) if there was a first reading of an ordinance where three (3)
commissioners were present and two (2) voted, which would be a majority of a quorum but
would not be sufficient to advance the ordinance. There would be a requirement to have at
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least three (3) votes to advance the ordinance; (2) if there was an ordinance that statutorily
had an extraordinary majority requirement, it would take the extraordinary majority to
advance the ordinance to second reading.
Mr. Gage restated whatever the requirement to approve an ordinance would be on second
reading would also be required on first reading. Mr. Bengtson stated correct. A
w conversation ensued between Mr. Gage, Mr. Bengtson and Mayor Ryan regarding the
meaning of the rule.
Commissioner Davis provided his thoughts on Rule No. 24, his desire for the rule and
asked what the consequence was if there was a violation of an improper communication.
Mr. Bengtson stated the communication between the Governing Body in a quasi-judicial
context during a public hearing. He continued by providing information on a case in
Hutchinson on communication during an open meeting where the public could not hear
the discourse between the Governing Body could potentially cause an open meeting
violation.
A conversation ensued between Commissioner Davis & Mr. Bengtson regarding the rule
and violations of improper communication.
Commissioner Davis provided his thoughts on the way Rule No. 24 was written and the
phrase "use of interactive communication".
Commissioner Hodges asked what constituted possession of an electronic device and
provided her thoughts on the rule. Mr. Gage stated the presumption was on a person's
body or within arms reach but the wording could be changed.
Commissioner Hoppock stated the rule could be changed to read the new rule prohibits the
use of electronic devices for communication by commissioners during a Cit' Commission
meeting.
The Commission provided their thoughts on the potential wording.
Mr. Bengtson stated staff did not get the complete wording of the phrase.
Commissioner Hoppock stated "In accordance with prior guidance, of the City
Commission, this new rule prohibits the use of electronic devices for communication by
commissioners during City Commission meetings".
Commissioner Hodges stated she thought she remembered the word interactive.
Commissioner Davis stated the city manager used the term "prohibit interactive
communication".
Commissioner Hoppock provided his thoughts on the wording of the rule.
A conversation ensued between the Commissioners regarding the wording of the rule.
Jon Blanchard, 1117 State Street, provided his thoughts on the intent of the rules, the
needed changes to the rules and thanked staff for updating the rules as housekeeping
items.
Commissioner Davis provided his thoughts on the term "interactive communication".
Mr. Gage provided information on the word interactive and the possible use of the word
interpersonal.
Commissioner Hoppock provided his thoughts on the rule.
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Mr. Gage stated Rule No. 24 could read: Electronic messaging devices including but not
limited to mobile phones, personal computers, tablet computers or watches shall not be
used for interpersonal communication during a City Commission meeting except for a
personal or family emergency.
The commission provided their thoughts on the wording.
Commissioner Hodges stated that she used her phone to access apps such as calendar,
reminders, calculator, and occasionally her email or files that she did not print out ahead of
time. She also stated that there may be an occasion where she needed to access information
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in real time or respond in case of a family emergency. She continued to state if we want to
modify our behavior and ensure transparency by not having interpersonal communications
within the commission and with the public during a commission meeting, then we should
state that. She also apologized in advance if she would happen to take out her phone to
take a picture.
Commissioner Davis stated he did not think the uses Commissioner Hodges stated would
be prohibited by what was just read.
Mr. Gage stated he thought the list Commissioner Hodges provided were fine and would
fit in the policy but had a question relating to a message received at a prior date or time in
which it is just retrieved or reviewed but there was not follow-up communication and
whether that was considered interpersonal communication or not. He continued to state
other than that, the remainder of the list seemed to fit with the new wording for the rule.
Mr. Bengtson asked if he was correct that the concern was real time inner personal
communication first and foremost among the commissioners, secondarily real time inner
personal communication with anyone present and thirdly, anyone in this room. The
Commission stated yes.
Commissioner Hoppock asked if there was an amendment to Rule No. 21 as well. Mr.
Bengtson stated he did not have an amendment drafted but could draft an amendment for
the rule.
Commissioner Hoppock stated the amendment Mr. Gage mentioned would be used for
Rule No. 24. Mr. Gage stated yes, but the words real time could be added in front of inner
personal and the rule amendment would be complete.
18-0285 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Resolution No. 18-
7580 approving all proposed changes to the Rules of Procedure and Order of Business for
conducting meetings of the City Commission with corrections made with staff. Aye: (5). Nay: (0).
Motion carried.
(7.5) Resolution No. 18-7584 authorizing the Mayor to execute a joint Contribution
Commitments for 2019-2021 Member Financial Support Agreement with Saline
County, the Salina Airport Authority and the Salina Area Chamber of Commerce
for the purpose of funding the Salina Community Economic Development
Organization (SCEDO) for fiscal years 2019 through 2021.
Jason Gage, City Manager, explained the request and action options.
D. Mitch Robinson, Executive Director of Salina Community Economic Development
Organization (SCEDO), provided information via a PowerPoint presentation regarding the
request.
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Commissioner Davis stated the SCEDO was using their reserve fund to get the budget to
$320,000 and asked if staff had thought of contacting the Chamber of Commerce or other
entities for an increase in the future. Mr. Robinson stated he would discuss with Saline
County next week on the potential need to increase the request in the future. He also stated
it would be up to the SCEDO board how the request would be structured.
A conversation ensued between Mr. Robinson and the Commission regarding the funding
of the organization.
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sCommissioner Davis asked what the monetary value was of the in-kind support of the
SalMa Area Chamber of Commerce. Mr. Robinson stated approximately $20,000.
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Commissioner Davis also asked if the door to the office on Seventh Street was open. Mr.
Robinson stated yes.
Commissioner Hoppock asked if SCEDO staff was working with the State of Kansas or the
Salina Area Chamber of Commerce on workforce. Mr. Robinson stated he had worked with
Eric at the chamber and explained the additional communication he had with organizations
on workforce.
Commissioner Hodges asked if the.contract required a three (3) year commitment and
asked if the Commission would wish to contract for less than a three (3) year commitment
would a contract have to be drawn up. Mr. Gage stated the intent was for the commitment
agreement to be a three (3) year commitment. Mr. Bengtson stated the member's agreement
was on a three (3) year model and the concept was to allow for the public entities to step in
to fund the organization if another entity did not make their funding.
Commissioner Hodges asked if there had been any progress made on the goals in the
strategic plan. Mr. Robinson stated staff had been working with the city manager and could
work with the interim city manager to complete the goal within six (6) weeks.
Commissioner Hodges asked who would take the lead on the project. Mr. Robinson stated
it would take all parties to make the decisions and thought all parties could work together
to complete the project.
Commissioner Hoppock asked what level was the chamber funded prior to the
establishment of the SCEDO. Mr. Gage stated he thought it was $200,000 to $205,000 per
year not including a contribution for Project Open.
18-0286 Moved by Commissioner Davis, seconded by Commissioner Hay, to adopt Resolution No. 18-7584
authorizing the Mayor to execute joint Contribution Commitments for 2019-2021 Member
Financial Support Agreement with Saline County, the Salina Airport Authority and the Salina Area
Chamber of Commerce for the purpose of funding the Salina Community Economic Development
Organization (SCEDO) for fiscal years 2019 through 2021.
Commissioner Hodges provided her thoughts on the funding of the organization and
would like to see the partnering organizations step up to provide additional funding.
Commissioner Davis provided his thoughts on the funding of the organization.
ACommissioner Hoppock provided his thoughts on the organization and the
disappointment in the participation by Saline County.
Mayor Ryan called the question. Aye: (4). Nay: (1) Hodges. Motion carried.
The City Commission recessed at 5:55 p.m. for a 5 minute break. The meeting resumed at
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6:00 p.m.
(7.6) Resolution No. 18-7585 a joint resolution of the City of Salina, Kansas ("City") and
the Housing Authority of the City of Salina, Kansas, an agent of the City of Salina,
Kansas, ("Housing Authority") authorizing the execution and delivery of limited
warranty deeds conveying title to tracts of real estate to the Housing Authority of
the City of Salina, Kansas, an agent of the City of Salina, Kansas, for the purpose of
To administering housing programs pursuant to the Kansas Municipal Housing Law.
° Greg Bengtson, City Attorney, explained the request, history of the housing authority and
action options.
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Mayor Ryan thanked everyone that participated in the item and asked if he would have to
sign all 126 deeds. Mr. Bengtson stated no, there were 14 deeds to be signed.
Commissioner Hoppock asked if a property was to sell would it require joint signature. Mr.
Bengtson stated no, the Housing Authority could sign the deed as an agent of the City of
Salina, Kansas.
Commissioner Hoppock stated the housing authority would perform the duties as they had
been and applauded staff for working with the county mapping department.
18-0287 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to adopt Resolution No.
18-7585 a joint resolution of the City of Salina, Kansas ("City") and the Housing Authority of the
City of Salina, Kansas, an agent of the City of Salina, Kansas, ("Housing Authority") authorizing
the execution and delivery of limited warranty deeds conveying title to tracts of real estate to the
Housing Authority of the City of Salina, Kansas, an agent of the City of Salina, Kansas, for the
purpose of administering housing programs pursuant to the Kansas Municipal Housing Law.
Aye: (5). Nay: (0). Motion carried.
(7.7) Resolution No. 18-7581 accepting the Parks & Recreation Master Plan.
Chris Cotten, Director of Parks & Recreation, explained the plan, fiscal impact and action
options.
Dick Horton, with Dick Horton Consulting, presented a presentation overview of the
master plan.
Commissioner Davis asked what the cost estimate was for the items not listed under the
$5.6 million deferred maintenance. Mr. Horton stated he was not sure right off what the
amount was but stated there was a list in the report that provided that information.
Commissioner Hodges asked how Mr. Horton recommended advancing the conversation
for the support of staff. Mr. Horton stated the commission talking with staff on the outcome
they would like to see happen in the next year and use the tools within the plan to hold
community conversations.
18-0288 Moved by Commissioner Hay, seconded by Commissioner Hodges, to adopt Resolution No. 18-_
7581 accepting the Parks & Recreation Master Plan as provided by Dick Horton Consulting.
Commissioner Davis asked what the intent was by accepting the plan. Jason Gage, City
Manager, stated by accepting the plan the City Commission accepted the scope of work by
the consultant and would use the plan in decision making in the future. Aye: (5). Nay: (0).
Motion carried.
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•DEVELOPMENT BUSINESS
(8.1) Application No. Z18-12, (filed by Rachel Johnson), requesting approval of an
amendment of Section 42-268, conditional uses in the C-2 (Neighborhood Shopping)
district, by deleting the term "taverns" and adding the term "drinking
establishments" to the list of conditional uses allowed in the C-2 district.
(8.1a) First reading Ordinance No. 18-10950.
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Lauren Driscoll, Director of Community & Development Services, explained the request,
Planning Commission recommendation and action options.
Commissioner Hay asked where the business would be located. Ms. Driscoll stated on East
Walnut. She continued by stating the request was to change the definition in the list of
conditional uses in a C-2 district.
18-0289 Moved by Commissioner Hodges, seconded by Commissioner Davis, to pass Ordinance No. 18-
10950 amending Section 42-268, conditional uses in the C-2 (Neighborhood Shopping) district, by
deleting the term "taverns" and adding the term "drinking establishments" to the list of
conditional uses allowed in the C-2 district on first reading. Aye: (5). Nay: (0). Motion carried.
(8.2) Application No. Z18-11, (filed by Chiropractic Wellness Center), requesting a
change in zoning district classification from R-3 (Multi-Family Residential) to PC-3
(Planning Shopping Center) district and approval of a final site development plan
for a chiropractic clinic on property legally described as Lots 3 and 4, Block 1 of the
Parkwood Village Addition to the City of Salina, Saline County, Kansas and
addressed as 1804 Glendale Road.
(8.2a) First reading Ordinance No. 18-10951.
Commissioner Hoppock recused himself due to a conflict of interest.
Dustin Herrs, Planner II, explained the request, zoning ordinance requirements, public
utilities, streets and traffic, Planning Commission recommendation and action options.
Commissioner Hodges asked where the primary entrance of the property would be. Mr.
Herrs stated there were two (2) entrances one on the west and to the north that would be
the primary entry points.
18-0290 Moved by Commissioner Davis, seconded by Commissioner Hodges, to pass Ordinance No. 18-
10951 changing the zoning district classification from R-3 (Multi-Family Residential) to PC-3
(Planning Shopping Center) district and approval of a final site development plan for a
chiropractic clinic on property legally described as Lots 3 and 4, Block 1 of the Parkwood Village
Addition to the City of Salina,Saline County, Kansas and addressed as 1804 Glendale Road on first
reading. Aye: (4). Nay: (0). Abstain: (1) Hoppock. Motion carried.
Commissioner Hoppock returned to the meeting.
(8.3) Resolution No. 18-7578 expressing support for the nomination of the original St.
John's Hospital building and historic additions at 139 North Penn Avenue to the
Register of Historic Kansas Places and the National Register of Historic Places.
Lauren Driscoll, Director of Community & Development Services, explained the request,
property background, process background, effect of designation, eligibility criteria,
Heritage Commission recommendation and action options.
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Commissioner Hay asked if the nomination was approved and the owner would not get
the funding what would happen. John Burger, Planner I, stated the project was to be
completed in phases and the funding would be acquired prior to work being completed on
the property.
Commissioner Hoppock asked if the property could not be redeveloped due to not
receiving the tax credits and in the future the property deteriorated enough to need to be
demolished and was on the Register of Historic Kansas Places and the National Register of
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Historic Places, would that make demolishing the property harder. Ms. Driscoll stated yes,
but it was not impossible.
Jason Gage, City Manager, asked what the difference was if the property was just in the
Heritage Commission Conservation District and on the national registers. Ms. Driscoll
stated proof would need to be submitted to the Secretary of Interiors Office for their
determination and approval of demolition.
Jon Blanchard,1117 State Street, provided his thoughts on the request.
Commissioner Hoppock asked if anyone had been in the building lately. Ms. Driscoll stated
it had been a while since staff had been in the building, but staff was monitoring the
building to make sure there was no violence to the building.
Mr. Gage asked if staff would need to review the Heritage Conservation District
protections and remove the designation or address the pieces of the building that would
not be the original buildings. Mr. Burger provided additional information pertaining to the
demolition permits applied for and future Heritage Commission actions.
Commissioner Hoppock asked if the modem additions to the building would be required
to be demolished if the property was added to the Register of Historic Kansas Places and
the National Register of Historic Places. Ms. Driscoll stated it was her understanding that
the modern additions would be removed from the property.
A conversation ensued between the Commission and Mr. Gage regarding the Heritage
Conservation District protections on the building.
18-0291 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt Resolution No. 18-
7578 expressing support for the nomination of the original St. John's Hospital building and historic
additions at 139 North Penn Avenue to the Register of Historic Kansas Places and the National
Register of Historic Places. Aye: (5). Nay: (0). Motion carried.
(7.2) Responses to requests for Statements of Qualifications from city manager executive
recruitment firms.
Greg Bengtson City Attorney, stated Ms. Fischer was able to make arrangements for Art
Davis with Springsted I Waters for a one (1) hour call at 2:30 p.m. on Monday,July 30, 2018.
18-0292 Moved by Commissioner Davis, seconded by Commissioner Hav, to schedule a special City
Commission-meeting on Monday, July 30, 2018 at 2:30 p.m. to discuss the city manager executive
recruitment.
OTHER BUSINESS
Mayor Ryan stated the City Commission received an email from a Mr. Chevy and asked if
anyone knew who he was. Jason Gage, City Manager, stated staff was not aware of who he
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was. Mayor Ryan commented that he thought he was misinformed and hoped he would
come forward.
ADJOURNMENT
18-0293 Moved by Commissioner Hay, 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 8:05 p.m.
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U [SEAL] Karl F. Ryan, Mayor
ATTEST:
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Shandi Wicks, CMC, City Clerk
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