Loading...
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. Page 1 • 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 Page 2 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 Page 3 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. Page 4 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 0 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. Page 5 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. ttt 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. 3 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 Page 6 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. U 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. Page 7 •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. N 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. Page 8 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 N 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 Page 9 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. N rz• 4-e qtr,_ O U [SEAL] Karl F. Ryan, Mayor ATTEST: gamott:L(.)(ffh Shandi Wicks, CMC, City Clerk 1 1 Page 10