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08-27-2018 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 27, 2018 4:00 p.m. The City Commission convened at 2:30 p.m. for the Salina Field House Qualified Active Low- w Income Community Business, Inc. Board meeting 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 I 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: Michael Schrage, Interim City Manager; Greg Bengtson, City Attorney; and Shandi Wicks,City Clerk. AWARDS AND PROCLAMATIONS (3.1) The month of September, 2018 as "National Recovery Month" in the city of Salina. Don Green, Senior Recovery Coach, read the proclamation and announced associated events. CITIZENS FORUM 111 Joan Ratzlaff, Salina, representing the Salina Area Worker's Coalition (SAWC), provided information on the creation of the Labor Day holiday and on SAWC. She continued by inviting the City Commission and the public to the 7th Annual Labor Day Celebration at Ad Astra Books& Coffee House on Monday,September 3, 2018 from 6 pm to 8:30 pm. Bruce Moore, Volunteer at the Salina Animal Shelter, provided information on his hours of service at the animal shelter, past volunteering accomplishments and information on Vanessa Cowie's accomplishments and reasons for her possible termination. He continued by providing information on the supervision of the animal shelter. Barb Jansen, Volunteer at the Salina Animal Shelter, provided information on the animal cruelty case in the county and asked why the owners were not charged for the cost of care of the animals. Jon Blanchard, 1117 State Street, provided information on the chain of command of the organization and encouraged the commission to look at the policy and provided information on the staff meetings of the animal shelter and the attendance of the department directors at those meetings. He continued by asking for information on the report from National Animal Care & Control Association (NACA) on the animal shelter. He also provided information on the executive session on June 19, 2018 and asked if the City Commission took action on the settlement agreement from district court. Commissioner Hodges requested an executive session for legal purposes for 5 minutes. ,18-0342 Moved by Commissioner Hodges, seconded by Commissioner Davis, to recess into executive session for 5 minutes to discuss the executive session of June 19, 2018 with legal counsel based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship, pursuant to K.S.A. 45-7319(b)(2). The open meeting will resume in this room at 4:30 p.m. Aye: (5). Nay: (0). Motion carried. Page 1 The City Commission recessed into executive session at 4:25 p.m. and reconvened at 4:30 p.m. No action was taken. Sue Voll, 2338 Edward, provided information pertaining to Vanessa Cowie's performance as an employee of the animal shelter and equipment needed for the animal shelter. Maggie Gillam, 860 S. Santa Fe, stated there was a significant number of individuals in attendance at the meeting to support Vanessa Cowie and asked for those in attendance to stand and raise their hands to show a count for the record. There were approximately 20 individuals at the meeting in support of Vanessa Cowie. 0 Nicole Krob, 231 S. Clark, stated the animal shelter needed to be moved out of the Parks & Recreation Department and moved to another department. Brenda Armijo, 1934 Starlight Drive, stated she was a huge supporter of the animal shelter and had spoken with multiple vets in the community about Vanessa Cowie's accomplishments. She continued by providing information on an employee being escorted from the building during work hours and the respect that needed to be shown to the employee. She also stated it was rime for the commission, the interim city manager and the attorney to put their heads together for a win-win resolution to the situation. Garnett Zamboni, Salina, provided information on the articles within the newspaper regarding the personnel matter of Vanessa Cowie and the need for positive results. She continued to provide information on the performance of Vanessa Cowie. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME Greg Bengtson, City Attorney, stated after conversation with Natalie Fischer, Director of Human Resources, staff felt there was a need for discussion with the City Commission pertaining to the city manager candidate profile development and asked if the City Commission felt it was appropriate to add to the agenda a discussion under other business. 18-0343 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to add to the agenda under other business the discussion of the city manager profile. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of August 20, 2018. (6.2) Resolution No. 18-7596 appointing members to the Accessibility Advisory Board, Animal Control Advisory & Appeals Board, Arts and Humanities Commission, Building Advisory Board, Business Improvement District Advisory Board, Business Improvement District Design Review Board, Community Art and Design Advisory Committee, Convention and Tourism Committee, Disciplinary Advisory Board, Heritage Commission, Housing Authority, Human Relations Commission, Parks and Recreation Advisory Committee, Planning Commission, Salina Community Economic Development Organization, Solid Waste Management Committee and Tree Advisory Board. (6.3) Resolution No. 18-7595 authorizing the city manager to permit the Muscular Dystrophy Association (MDA) to solicit within the City's rights-of-way utilizing off-duty Salina firefighters. Commissioner Hodges requested that Item 6.2 be removed from the consent agenda. Page 2 a 18-0344 Moved by Commissioner Hay, seconded by Commissioner Hodges, to approve the consent agenda less item 6.2. Aye: (5). Nay: (0). Motion carried. (6.2) Resolution No. 18-7596 appointing members to the Accessibility Advisory Board, snm Animal Control Advisory & Appeals Board, Arts and Humanities Commission, Building Advisory Board, Business Improvement District Advisory Board, Business Improvement District Design Review Board, Community Art and Design Advisory Committee, Convention and Tourism Committee, Disciplinary Advisory Board, Heritage Commission, Housing Authority, Human Relations Commission, Parks 0 and Recreation Advisory Committee, Planning Commission, Salina Community 8 Economic Development Organization, Solid Waste Management Committee and Tree Advisory Board. Commissioner Hodges wanted to take the opportunity to thank her mother,Gayle Rose, for recognizing that even though there was not a nepotism policy in the rules and procedures or in resolutions for appointing citizens boards, that appointing family members to citizen boards when other candidates had submitted expressions of interest maybe doesn't reinforce our values of transparency or inclusiveness or devaluing of diverse perspectives. She continued to read the email her mother wrote to Interim City Manager Mike Schrage withdrawing her name from the Animal Control Advisory Board. 18-0345 Moved by Commissioner Hodges seconded by Commissioner Hay, to adopt Resolution No. 18- 7596 appointing members to the Accessibility Advisory Board, Animal Control Advisory & Appeals Board, Arts and Humanities Commission, Building Advisory Board, Business Improvement District Advisory Board, Business Improvement District Design Review Board, Community Art and Design Advisory Committee, Convention and Tourism Committee, Disciplinary Advisory Board, Heritage Commission, Housing Authority, Human Relations Commission, Parks and Recreation Advisory Committee, Planning Commission, Salina Community Economic Development Organization, Solid Waste Management Committee and Tree Advisory Board. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 18-10965 levying Salina Business Improvement District Number 1 service fees for 2019. Mayor Ryan noted that Ordinance No. 18-10965 was passed on first reading on August 20, 2018 and since that time no comments have been received. 18-0346 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt Ordinance No. 18- 10965 levying Salina Business Improvement District Number 1 service fees for 2019 on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried. (7.2) Second reading Ordinance No. 18-10953 authorizing the execution of a Loan Agreement between the City of Salina, Kansas and the State of Kansas for the purpose of financing improvements to the City's water distribution systems. Mayor Ryan noted that Ordinance No. 18-10953 was passed on first reading on August 20, 2018 and since that time no comments have been received. Page 3 18-0347 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to adopt Ordinance No. 18- 10953 authorizing the execution of a Loan Agreement between the City of Salina, Kansas and the State of Kansas for the purpose of financing improvements to the City's water distribution systems on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried. (7.3) Resolution No. 18-7594 authorizing the Mayor to execute an agreement with Kansas Creative Arts Industries Commission of the Kansas Department of Commerce for an Arts Integration Program Grant Award. Brad Anderson, Director of Arts & Humanities, explained the request and action options. 18-0348 Moved by Commissioner Hay, seconded by Commissioner Hodges, to adopt Resolution No. 18- 7594 authorizing the Mayor to execute an agreement with Kansas Creative Arts Industries Commission of the Kansas Department of Commerce for an Arts Integration Program Grant Award. Aye: (5). Nay: (0). Motion carried. (7.4) Resolution No. 18-7597 appointing members to the Board of Zoning Appeals. Michael Schrage, Interim City Manager, explained the appointments and action option. Commissioner Hoppock recused himself due to a conflict of interest. Commissioner Davis asked if staff could provide any scenarios where the actions of the Board of Zoning Appeals would interact with the City Commission. Mr. Schrage stated a decision of the Board of Zoning Appeals would go directly to district court and would not have any involvement with the City Commission. Greg Bengtson, City Attorney, stated there had been a rare case in the past of a zoning appeal that was initiated by the City Commission versus the Board of Zoning Appeals. Commissioner Davis asked if that type of situation would occur would the family member of the Board of Zoning Appeals have to recuse themselves. Mr. Bengtson stated he would advise the board member to recuse themselves. Commissioner Hodges asked how the voting of the item would take place. Mr. Bengtson stated it would be a standard majority of those present and participating in the meeting. A conversation ensued between the Commission and Mr. Bengtson regarding the voting of items of the Board of Zoning Appeals and potential conflicts of interest. Jon Blanchard, 1117 State Street, provided his thoughts regarding the appointments and potential conflicts of interest and the need for a policy for appointments of family members. He continued by stating he appreciated the recusal of Commissioner Hoppock on the matter. 18-0349 Moved by Commissioner Davis, seconded by Commissioner Hay, to postpone consideration of Resolution No. 18-7597 appointing members to the Board of Zoning Appeals for two (2) weeks. Aye: (4). Nay: (0). Abstain: (1) Hoppock. Motion carried. (7.5) First reading Ordinance No. 18-10969 amending Chapter 38, Article III of the Salina Code by amending Sections 38-59 and 38-62 pertaining to contracts for vehicle towing and storage services. Wayne Pruitt, Communications Supervisor, explained the amendment, fiscal impact and action options. Page 4 Commissioner Davis asked if the sharing of equipment was part of the decision on getting the contract. Mr. Pruitt stated if a towing service was unable to provide the service they would need to notify the Police Department and the Police Department would contact the towing company next on the list. Mr. Schrage stated the language intention was to keep companies from being on the list twice under two separate company names. Commissioner Hoppock asked how many companies were currently on the list. Mr. Pruitt ToTo stated five. A conversation ensued between the City Commission and Mr. Pruitt regarding the request. 18-0350 Moved by Commissioner Davis, seconded by Commissioner Hodges, to pass Ordinance No. 18- 10969 amending Chapter 38, Article III of the Salina Code by amending Sections 38-59 and 38-62 pertaining to contracts for vehicle towing and storage services on first reading. Aye: (5). Nay: (0). Motion carried DEVELOPMENT BUSINESS (8.1) First reading Ordinance No. 18-10966 amending Section 35-40.2 of the City Code that would allow movable signs and outdoor furniture to be placed in public • alleyways in addition to front sidewalks, plazas and arcades and that would allow for staff review and approval of movable sign and outdoor furniture permit applications in the C-4 (Central Business) District. Dean Andrew, Director of Planning, explained the amendment, the Business Improvement District No. 1 Design Review Board recommendation and action options. Lauren Driscoll, Director of Community & Development Services, stated this item was a direct result from staff working with merchants in downtown. Commissioner Hodges stated she was in favor of the change allowing more flexibility for processing the requests. 18-0351 Moved by Commissioner Hodges, seconded by Commissioner Hay, to pass Ordinance No. 18- 10966 amending Section 35-40.2 of the City Code that would allow movable signs and outdoor furniture to be placed in public alleyways in addition to front sidewalks, plazas and arcades and that would allow for staff review and approval of movable sign and outdoor furniture permit applications in the C-4 (Central Business) District on first reading. Aye: (5). Nay: (0). Motion carried. (8.2) Application Z18-13, (filed by Salina Planning Commission), requesting a comprehensive review and amendment of Article X Signs in order to adopt specific regulations applicable to electronic changeable copy advertising signs (billboards) and other electronic changeable copy signs. (8.2a) Consideration of Ordinance No. 18-10967. (8.2b) Consideration of Ordinance No. 18-10968. Dean Andrew, Director of Planning, explained the request, the existing regulations, regulations in other jurisdictions, staff recommendations and conclusions, prior Planning Commission actions, the Planning Commission recommendation and action options. Commissioner Hodges asked for clarification on the billboard permitted area map. Mr. Page 5 Andrew stated the red shaded streets were private streets. Mr. Andrew continued to provide information on the request. Commissioner Hay asked if there were any public comments or complaints at the public meetings regarding the item. Mr. Andrew stated it was hard for the public to complain about something that did not exist. He continued to state staff's primary concern and the reason for the moratorium was that staff anticipated that there could have been negative public reaction if staff would have let the signs go up without any rules or regulations. He also provided information on the situation that occurred in the City of Wichita regarding electronic changeable copy billboard signs. Michael Schrage, Interim City Manager, asked staff to provide information on the notification requirement for text amendments versus a specific location request. Mr. Andrew stated staff would mail out letters to property owners within 300 feet of the request area where a notification would be published in the newspaper on text amendments. He continued to state there was limited public comment on text amendment items. Commissioner Hay asked if there were other communities that had time limits on the electronic changeable copy advertising signs (billboards). Mr. Andrew stated when a specific text amendment was approved for a sign in the residential and public use district a time limit was set at 10:00 p.m. He also provided information on the time limit of midnight for their electronic changeable copy billboard signs in the City of Lincoln, Nebraska. Mayor Ryan asked for information on the allowable of static signs versus the electronic changeable copy billboard signs in comparable cities on the list within the staff report. Mr. Andrew stated some of the cities on the list were probably in similar situations as Salina, where the city had not been approached by anyone wanting to install an electronic changeable copy billboard sign so the city had not addressed it yet. Commissioner Hodges asked if staff knew what C-H district stood for in the City of Hutchinson and the I-H zoning in the City of Dodge City. Mr. Andrew stated the C-H district in Hutchison would be comparable to the C-5 district and I-H district would be heavy industrial in Dodge City. Greg Bengtson, City Attorney, asked for five minutes for staff to match notes. The City Commission recessed at 6:08 p.m. for a 5 minute break. The meeting resumed at 6:13 p.m. Mr. Bengtson stated as a result of the discussion, staff does believe that there were further points that would fall within the category of presentation of the staff report. He continued to state staff thought it was best to address staff's thoughts on the written communication received from IdeaTek, allowing the IdeaTek representative to provide a response if necessary to staff's response to the points in the written communication. He continued to state there were two (2) points, wanting to make sure there was a clarification made to point (1) on page (1), there was reference to what the company characterizes as "its vested rights", the staff position is certainly that IdeaTek does not have any vested rights in the matter, that is a legal concept that has legal consequences, and it is simply not the status of the matter at this time. Secondly the characterization under point (2) from a staff standpoint, the point is made in the letter that"we feel our applications were complete and within the specifications as set forth in the current regulation and they should be acted on within 10 days specified in the current regulation, and we would appreciate the Page 6 Commission's inquiry on this". In order to address that point, we would call particular attention to communication of May 4, 2018 to Mr. Glen Hills, on behalf of IdeaTek, without reading the entire communication, he stated the communication was intended for two (2) purposes, the first is to provide additional guidance regarding the information necessary to complete your four (4) applications, and the second is to advise that the Salina City a Commission will consider an ordinance establishing a 120 day moratorium. He continued to state it was staff's position, and we believe correctly the City's position, that the applications at that point and time were not complete. He continued to provide information on the letter regarding the moratorium and what would happen if it was not approved. 8 Mr. Andrew stated it was not unusual for a sign permit application to be submitted in pieces. He continued to state the four applications submitted by IdeaTek had additional information needed before further processing. He also stated the permit review process was put on hold once the moratorium was passed. Mr. Bengtson stated by raising the point, he did not want to suggest the status of the applications were relevant to the action before the commission today. He continued by stating staff would not have brought up the point had the information not been included in the written communication received from IdeaTek. Commissioner Hodges asked if there had been any medical research done for people with seizure disorders and their reaction to electronic billboards. Mr. Andrew stated there had only been one study he was aware of by the Federal Highway Administration. He stated the conclusion of the study was that electronic changeable copy signs were distracting due to pulling drivers' attention away from the road but concluded there were more accidents due to cell phone usage and drivers adjusting their radios than from the signs. He continued to state staffs recommendation was to focus on the aesthetic and not the safety impact of the signs. Commissioner Davis asked if the area the study completed by the Wisconsin Department of Transportation was rural or urban. Mr. Andrew stated both rural and urban. David Norlin, 608 E. Republic, provided information on the request and his personal poll of the community on the request. Glen Hills, IdeaTek Media, provided information and clarification on the letter written by Daniel Friesen, Managing Partner with IdeaTek Media, and provided information on the specifications of the electronic changeable copy billboard signs. He continued to state the applications he submitted were complete and IdeaTek Media would like to work in the city of Salina. Mayor Ryan stated he had sympathy with the applicant but the moratorium process was giving us the ability to review the matter as a community and the matter was sent back to the Planning Commission. Mr. Schrage stated that was a correct assessment and stated at the point staff looked at the status of the applications as well as the appropriateness of the moratorium, we took that into account. He continued to state the status of the applications and the particular locations of the applications was not the issue that was before the City Commission today. He also stated any questions about the status of those applications; staff had worked with IdeaTek and would continue to work with them. He further stated staff deliberately reviewed the applications to determine if they were complete or not and concluded that they weren't. He continued to provide information on the timeline of the matter and stated Page 7 staff was prepared to walk the Commission through the steps of whichever process they choose to go through. Mayor Ryan stated he was not in favor of the electronic changeable copy billboard signs when the moratorium was put into place. He also provided his thoughts regarding the N Planning Commission's recommendation. i a Commissioner Davis stated his concerns on large advertising signs of any type in particular 0 in residential areas of the community. He continued to provide his thoughts on the electronic changeable copy billboard signs. Li Mayor Ryan continued to provide his thoughts regarding the distractions of the electronic changeable copy billboard signs on top of electronics and phones within the vehicles. Commissioner Hay asked if the City Commission voted on the item would the sign at the Tony's Pizza Event Center have to come down. Mr. Andrew stated IdeaTek's request was for off-premise advertising signs and the Tony's Pizza Event Center sign was an on- premise identification sign. Commissioner Hoppock stated the city could look like Vegas and could be distracting and would go along with the Planning Commission's recommendations. Commissioner Hodges thanked the Planning Commission for their thorough review of the item and provided her thoughts regarding electronic changeable copy billboard signs. Mr. Norlin asked for any future city commissions to have the information put together by staff available to them. 18-0352 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to authorize staff to initiate a new text amendment that would prohibit electronic changeable copy advertising signs from being allowed within the city. Aye: (5). Nay: (0). Motion carried. 18-0353 Moved by Commissioner Hodges, seconded by Commissioner Davis, to pass Ordinance No. 18- 10968 extending the moratorium on the installation of electronic changeable advertising signs to Friday, November 2, 2018, to allow the zoning text amendment process to run its course on first reading. Aye: (5). Nay: (0). Motion carried. 18-0354 Moved by Commissioner Davis, seconded by Commissioner Hodges, to declare a compelling public interest exists for second reading approval of Ordinance No. 18-10968 on the same day as the first reading. Aye: (5). Nay: (0). Motion carried. 18-0355 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to adopt Ordinance No. 18- 10968 extending the moratorium on the installation of electronic changeable advertising signs to Friday, November 2, 2018, to allow the zoning text amendment process to run its course on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried. " OTHER BUSINESS (9.1) Discussion on the city manager profile. 1 Greg Bengtson, City Attorney, stated the process was ongoing for the city manager profile development and he had recommended staff speak to the City Commission regarding the profile development and the possible request for a conference call with Art Davis with Page 8 Springsted I Waters for the remaining compensation information needed to complete the brochure. Natalie Fischer, Director of Human Resources, stated staff did not want to put too much information in the brochure beyond the standard benefits. tilz Commissioner Hoppock stated it would be helpful for the Commission to know what the standard benefits were. Commissioner Hodges stated it would also be helpful to know what additional benefits Mr. Gage also received. Ms. Fischer explained the standard benefits of an employee. Commissioner Hoppock asked if the standard benefits were set by policy or were negotiable. Ms. Fischer stated most standard benefits were already established. Mayor Ryan stated he would think the package would need to be as complete as possible. Ms. Fischer explained the benefits received by the last city manager under his employment with the city. Mr. Bengtson stated Ms. Fischer had a set of questions from Mr. Davis on the benefit and compensation components of the brochure that he wished for responses on and staff thought the Commission would like to have a conference call with Mr. Davis regarding the benefits to include in the brochure. He continued by stating staff would like any information they can provide to Mr. Davis to include in the draft brochure. Commissioner Davis stated he thought the standard benefits should be listed with the optional benefits listed as optional. Ms. Fischer provided the dates Mr. Davis was available. The City Commission concluded for a conference call on Wednesday, September 5, 2018 at 4:00 p.m. Commissioner Hodges asked if staff could provide written information on the standard benefits and optional benefits to have before the commission at the conference call. Mr. Bengtson stated the draft brochure would include the components of the benefits staff would be directed by the City Commission to include in the draft brochure for review of the commission during the conference call. A conversation ensued between the City Commission, Ms. Fischer and Mr. Bengtson regarding the benefit and compensation components of the brochure. • Ms. Fischer looked to Mr. Bengtson regarding the need for an approved revised job description. Mr. Bengtson stated staff could include the item on the agenda for the Wednesday, September 5, 2018, meeting. Commissioner Davis stated the motion he made to postpone agenda item 7.4 was open ended and asked if he had direct questions regarding the item, who should he submit those Page 9 questions to. Michael Schrage, Interim City Manager, stated to send the correspondence to him and he would work with the city attorney if necessary. Commissioner Hodges brought up the National Animal Care & Control Association (NACA) survey and wanted to make sure the process for other stakeholders was improved from the survey she took and asked for the level of involvement of the community stakeholders that were included in the survey. Michael Schrage, Interim City Manager, stated due to how the city commission email was setup, it caused problems for commissioners beyond the first one to complete the survey. Mr. Schrage stated he would follow-up on the survey. Commissioner Davis asked if plastic cups were recycled in the building. Michael Schrage, Interim City Manager, stated plastic cups were not currently being recycled but aluminum cans and paper were. He continued to state the request for recycling services were arranged by the building authority. Commissioner Hodges asked it Commissioner Davis would like the matter on recycling to be brought up at the next building authority meeting. Commissioner Davis stated yes. Commissioner Hodges stated it was duly noted. ADJOURNMENT 18-0356 Moved by Commissioner Davis, seconded by Commissioner Hay, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay:: (0). Motion carried. The meeting adjourned at 7:20 p.m. C� � '`- [SEAL] Karl F. Ryan, Mayor 44 ATTEST: Allison Strait, Deputy City Clerk 1 Page 10