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09-10-2018 Minutes CITY OF SALINA, KANSAS 111 REGULAR MEETING OF THE BOARD OF COMMISSIONERS September 10,2018 4:00 p.m. The City Commission convened at 2:30 p.m. for Parks Master Plan and Parks Capital Improvement Plan Discussion 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. U 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 Allison Strait, Deputy City Clerk. 18-0357 Moved by Commissioner Hay, seconded by Commissioner Davis, to add an executive session for non-elected personnel to other business. Mayor Ryan also stated that Item No.8.1 will come after Item No. 7.7 and Item No. 7.5 will be right after the consent agenda. Ryan called the question. Aye (5). Nay (0). Motion carried. AWARDS AND PROCLAMATIONS None. CITIZENS FORUM Lori Trow, 740 South Ninth Street, addressed Commissioner Hoppock, Commissioner Davis, Commissioner Hay and Mayor Ryan and expressed her concerns with actions and decisions they have made. She added recommendations on actions taken by them. Bruce Moore, 142 Seitz, stated his concerns with how the Animal Shelter was ran when the City first took control of it and how Vanessa Cowie excelled in managing it. He went on to state his concerns with the supervision over Ms. Cowie. He stated an email received by a William Chevy regarding the spending authority in regards to the animal cruelty case and the many issues with the Animal Shelter at this time. Jon Blanchard, 1117 State Street, stated his concerns with the commissioners not wanting to talk about the animal cruelty case in public and the issues around it in regards to the City's position with it. He then asked if any of them have sought out an Attorney General's Opinion on whether the Chapter 60 Civil Proceedings are unconstitutional within the statute in regards to this situation. Mr. Blanchard also asked if the 3rd party council, that was hired to look at this matter, attended the animal cruelty case hearing. Mike Schrage, Interim City Manager, stated yes. Nicole Krob, 231 South Clark, asked the commissioners to reinstate Vanessa Cowie and remove Chris Cotten from his role as supervisor. Page 1 PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA N E (6.1) Approve the minutes of August 27,2018. 0.W (6.2) Consider acceptance of an offered public utility easement dedication from HMH of cl Salina, LLC in the Highland Meadows Hamlet Woodlands Addition. 18-0358 Moved by Commissioner Davis, seconded by Commissioner Hay, to approve the consent agenda 8 as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.5) Resolution No. 18-7600 declaring the eligibility of the City of Salina to submit an application to the Kansas Department of Transportation (KDOT) for use of transportation alternatives program (TAP) funds set forth by MAP-21 for the Smoky Hill River Renewal Greenway Trail Shared-Use Path Project and authorizing the mayor to sign the application. Mike Schrage, Interim City Manager, clarified that this item was moved up due to a time constraint on post marking this item for today. Dan Stack, City Engineer,explained the request,fiscal impact and action options. '1 18-0359 Moved by Commissioner Hodges, seconded by Commissioner Hay, to approve Resolution No. 18- 7600 declaring the eligibility of the City of Salina to submit an application to the Kansas Department of Transportation (KDOT) for use of transportation alternatives program (TAP) funds set forth by MAP-21 for the Smoky Hill River Renewal Greenway Trail Shared-Use Path Project and authorizing the mayor to sign the application. Aye: (5). Nay: (0). Motion carried. (7.1) Second 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. Mayor Ryan noted that Ordinance No. 18-10969 was passed on first reading on August 27, 2018 and since that time no comments have been received. Commissioner Hodges asked if the provisions applied equally to all tow services. Mike Schrage, Interim City Manager, stated that it applies to all of them and explained how the bid process would work. Commissioner Hodges asked how often the contracts renewed. Mr. Schrage stated that it renewed every two years. Commissioner Hodges asked how they follow up on making sure the services are fulfilling the contract. Wayne Pruitt, Police Department, stated that when the bids come back, the Police Department will go out and do site inspections every two years. Commissioner Hodges then asked if there was any monitoring on the hours they are to be open and if their rates are being applied correctly. Mr. Pruitt stated that the Police Department does spot checks and also get complaints from citizens, to which they have patrol officers respond to. Page 2 Commissioner Hodges stated that they received information regarding a towing service using Snapchat during a fatality accident. Mr. Schrage stated that in an incident like that, she would start with the City Manager and then would end with Mr. Pruitt. Mr. Pruitt added that he was aware of that particular situation and that it involved a Highway Patrol, which is out of the City's control. Commissioner Hodges then asked that they provide a refresher to that tow service regarding that incident since it is a service the City uses. 18-0360 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to adopt 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 second reading. A roll call vote 5 was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried. (7.2) Second reading Ordinance No. 18-10966 amending Section 35-40.2 of the Salina 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. Mayor Ryan noted that Ordinance No. 18-10966 was passed on first reading on August 27, 2018 and since that time no comments have been received. 18-0361 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt Ordinance No. 18- 10966 amending Section 35-40.2 of the Salina 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 second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock,Ryan. Nay: (0). Motion carried. (7.3) Resolution No. 18-7597 appointing members to the Board of Zoning Appeals. Mike Schrage, Interim City Manager,explained the appointments and action options. Mayor Ryan thanked Austin Hoppock for offering his service to the community. Commissioner Hodges asked why they were only filling one opening when there are two. She added that there were initially three spots to fill, with three Expression of Interests (EOI's) on file, and asked why Mr. Trow wasn't able to be automatically reappointed. Mayor Ryan stated that it was nothing personal, but that he chose not to reappoint Mr. Trow at this time. Commissioner Hodges then asked Mr. Bengtson what the options were as far as the rest of the commission wanting to appoint Mr. Trow. Greg Bengtson, City Attorney, stated it was ultimately the prerogative of the governing body to make an appointment if they choose. A conversation ensued between Mr. Bengtson and Commissioner Hodges on the action options in regards to filling both openings at once. Mike Trow, 740 South Ninth Street, asked if he can request it be made public the reason for him not being reappointed if that is the action taken. Mayor Ryan stated it was nothing personal, but that it was his private reason for not reappointing him. Jon Blanchard, 1117 State Street, stated his concern with Mayor Ryan not appointing Mr. Trow to the Board of Zoning Appeals and the issues with commissioners appointing family members. Page 3 A conversation ensued between Mayor Ryan and Mr. Blanchard regarding board appointments and past conflicts with commissioners and their family members being appointed to boards. 18-0302 Moved by Commissioner Hodges, seconded by Commissioner Davis, to approve Resolution No. 18-7597 appointing members to the Board of Zoning Appeals, and including Mike Trow as one of W the appointments along with Brian Bennett. N i Commissioner Hoppock stated he was not reappointed to the Salina Airport Authority when Mr. Blanchard was mayor due to personal reasons and stated he would follow the mayor's recommendation when it comes to voting. J Mayor Ryan called the question. Aye: (2). Nay: (3). Hoppock, Hay, Ryan. Motion failed. Moved by Commissioner Hoppock to move Resolution No. 18-7597, appointing Brian Bennett to the Board of Zoning Appeals, to next week. Mr. Schrage asked if there had been a motion to approve Resolution No. 18-7597 before the amendment and the motion to amend was a separate item that was voted on and failed, would it then fall back to the main motion. Mr. Bengtson stated that he tried not to affect outcomes and gave them their options and outcome of those options for a motion. Commissioner Davis asked if this item would have a new resolution number when it is brought back for action due to Resolution No. 18-7597 being defeated. Mr. Bengtson stated that was correct. 18-0363 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to move the appointments to the Board of Zoning Appeals to next week. 18-0364 Moved by Commissioner Davis seconded by Commissioner Hoppock, to amend the motion to include appointing members to Board of Zoning Appeals without being name specific. A conversation ensued between Commissioner Davis and Mayor Ryan regarding the openings and the need to fill those at the next meeting. Mayor Ryan called the question to amend the motion to include appointing members to Board of Zoning Appeals without being name specific. Aye: (4). Nay: (1). Hodges. Motion Carried. Mayor Ryan called the question to move the appointment to the Board of Zoning Appeals to next week. Aye: (4). Nay: (1). Hodges. Motion Carried. (7.4) Resolution No. 18-7603 authorizing the Interim City Manager to exceed his $19,999 purchasing authority, in advance, to continue legal services provided by Fisher Patterson Sayler&Smith for a confidential personnel matter. Nancy Schuessler, Risk Manager,explained the request, fiscal impact and action options. Commissioner Davis asked if they have exceeded their amount. Ms. Schuessler stated they were just above $13,000. Mr. Schrage added that at the highest hourly rate, it would leave about 35 hours of services left and that it was possible that number wouldn't be exceeded at all. Commissioner Hodges asked how the legal budget was reviewed each year. Mr. Schrage stated it was a line item like any other budget line item. Page 4 A conversation ensued between Commissioner Hodges and Mr. Bengtson regarding the legal contract with Clark, Mize & Linville. Mr. Bengtson added that the $50,000 referred to in the contract was compensation for ongoing legal work and that a certain number of hours were expected to be provided that is accounted for on a monthly basis. N Commissioner Hodges asked how much was invested with Clark, Mize & Linville in W regards to this personnel matter. Mr. Bengtson stated he did not have that number. 2 15 Commissioner Hodges asked if Clark, Mize & Linville would handle personnel matters or if ones such as this will be sent to outside council. Mr. Bengtson stated that depending on circumstances, they attempt to get the lawyers they believe are best suited to help with that particular situation whether it's personnel or any other matter. Mr. Bengtson added that he was advised of the question that may arise in regards to the conflict of interest that prompted this recommendation for outside council. He continued to state his firm does not represent the employee involved in this personnel matter and that his firm was originally asked to serve, but went on to state the potential scenario that prompted the recommendation of outside council. Mr. Schrage stated in regards to New Market Tax Credits, it is a specialty nationally. He continued to state that when they conducted a request for qualifications leading up to the Fieldhouse New Market Tax Credits application process, they identified a need for specialized council. 18-0365 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to approve Resolution No. 18-7603 authorizing the Interim City Manager to continue utilizing legal services provided by Fisher Patterson Sayler & Smith to advise the City regarding a confidential personnel matter, which may exceed his purchasing authority of $19,999. Aye: (4). Nay: (1). Hodges. Motion carried. (7.6) Reject bids for the replacement of four roof top units for Heritage Hall, located on top of the Tony's Pizza Events Center. Chris Cotten, Director of Parks & Recreation, explained the project, bids received, fiscal impact and action options. Mr. Schrage added that this project was set aside to be paid using funds remaining, but they were not available. Commissioner Davis asked what the long range plan was for this project. Mr. Cotten stated they will keep working to address it and look for alternatives to address it if possible, but may have to wait until next budget cycle to request funding for the units. Commissioner Davis asked if they were able to function. Mr. Cotten stated they were functioning, but were not convenient. Mr. Schrage added that this project was set aside to be paid using funds remaining,but they were not available. 18-0366 Moved by Commissioner Hay, seconded by Commissioner Davis, to reject the bids for the replacement of four roof top units for the Heritage Hall, located at the top of Tony's Pizza Events Center. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Application Z18-17, (filed by Ken Wasserman on behalf of Norton Wasserman, Jones and Kelly), requesting approval of an amendment to Section 42-59(d)(2)c.7 of Page 5 the Temporary Use Regulations in Article IV of the Zoning Ordinance to increase the allowable size of an onsite inventory storage unit located at a consumer fireworks facility and consider companion request to amend Section 14-56.1(f) of the Fire Code to increase the allowable size of an onsite inventory storage unit in the ,41 Fireworks Ordinance. Z (8.1a) Consideration of Ordinance No. 18-10971. (8.1b) Consideration of Ordinance No. 18-10972. Chaz Coberly, appearing on behalf of Ken Waserman of Norton Wasserman, Jones and Kelly, explained the request and safety concerns of current code. Dean Andrew, Director of Planning, explained the request, amendments, staff analysis, Planning Commission recommendation and action options. Mr.Schrage asked for clarification on whether it was the fire chief or fire marshal that made that speculation and recommendation. Mr. Andrew stated that what he saw in the minutes only referred to Chief Mullikin. 18-0367 Moved by Commissioner Hodges, seconded by Commissioner Hay, to pass Ordinance No. 18- 10971 amending Salina Code Section 42-59 pertaining to Temporary Uses and repealing existing Section 42-59 on first reading. Ave: (5). Nay: (0). Motion carried. 18-0368 Moved by Commissioner Hodges, seconded by Commissioner Hay, to pass Ordinance No. 18- 10972 amending Salina Code Section 14-57.6 pertaining to the retail display and sale or other distribution and use of consumer fireworks and repealing existing Section 14-57.6 on first reading. Aye: (5). Nay: (0). Motion carried. (7.7) Resolution No. 18-7602 authorizing the Interim City Manager to execute a letter of engagement with Development Strategies for analysis of sales tax data relating to the STAR Bond District. Mike Schrage, Interim City Manager, explained the request, fiscal impact and action options. Commissioner Hodges asked if the other contract with Development Strategies was complete. Mr. Schrage stated they needed to refresh those numbers. Commissioner Hodges then asked what the amount of original contract was. Mr. Schrage stated $62,000 and there was $6,500 left. Commissioner Hoppock asked if they agreed to meet the timeline. Mr. Schrage stated yes. Commissioner Hodges asked, in regards to The Alley, what items need to be in place to be considered commencement and asked for a finance and construction timeline. Mr. Schrage stated the timeline is provided once they execute the contract and that he believes they have commenced construction. 18-0369 Moved by Commissioner Hodges, seconded by Commissioner Hay, to approve Resolution No. 18- 7602 authorizing the Interim City Manager to execute a letter of engagement with Development Strategies for analysis of sales tax data relating to the STAR Bond District. Aye: (5). Nay: (0). Motion carried. Page 6 (7.8) Resolution No. 18-7601 adopting the revisions to the City Manager position description. Natalie Fischer, Director of Human Resources, explained the position description and action options. Commissioner Davis and Mayor Ryan thanked Ms. Fischer for her work. 18-0370 Moved by Commissioner Hay, seconded by Commissioner Davis, to approve Resolution No. 18- 7601 adopting the revisions to the City Manager position description. Aye: (5). Nay: (0). Motion carried. (7.9) Discussion regarding City Manager profile and brochure. Natalie Fischer, Director of Human Resources, explained the brochure, fiscal impact and action options. Commissioner Davis asked if the blank lines on the back page were for the date on when resumes need to be received. Ms. Fischer stated that it was to be determined. Commissioner Hoppock stated that he didn't have time to review the brochure with revisions due to it being received late. Mayor Ryan requested a 10 minute break for the commissioners to review the brochure. Commissioner Hay asked how much they were in with Springsted I Waters. Ms. Fischer stated they were covered under the scope of services in the agreement approved about 6-8 weeks ago. Commissioner Davis stated on page 2, the names of the schools were incorrect. Ms. Fischer stated she had those flagged. Commissioner Hoppock noted another section that had it listed incorrectly. Ms. Fischer noted she would look it all over once more for grammatical errors. 18-0371 Moved by Commissioner Davis, seconded by Commissioner Hodges, to approve the brochure produced by Springsted I Waters with the few corrections suggested. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS 18-0372 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to recess into executive session for 15 minutes to discuss a non-elected employee's performance and status based upon the need to discuss personnel matters of non-elected personnel, pursuant to K.S.A. 75-4319(b)(1). The open meeting will resume in this room at 6:16 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:01 p.m. and reconvened at 6:16 p.m. No action was taken. 18-0373 Moved by Commissioner Davis, seconded by Commissioner Hay, to extend the current executive session for an additional 15 minutes and request presence of an attorney. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:17 p.m. and reconvened at 6:32 p.m. No action was taken. Page 7 Commissioner Davis stated his findings with the electronic signs around Salina, the action taken on electronic changeable copy advertising signs at the August 27, 2018 City Commission meeting and the applicants concerns in relation to the agenda item. Dean Andrew, Director of Planning, gave additional information regarding digital billboards and what they consider digital billboards and advertising signs. He continued to state the differences between on premise and off premise signs. Commissioner Davis asked if sponsors were exempt. Mr. Andrew stated they weren't N exempt. A conversation ensued between Mr. Andrew, Mr. Schrage and Commissioner Davis regarding who is exempt and who isn't and the leasing of signs. Lauren Driscoll, Director of Community & DeveIopment Services, added clarification on the difference between electronic advertising signs and digital billboards. Commissioner Davis stated his concern for the type of advertisements that could be displayed. Mr. Andrew stated that, from a legal recommendation, they are to regulate the signs and not the content. Mr. Schrage asked if they imposed a regulation on the cycle rate. Mr. Andrew stated that the commission decided not to. Mr. Schrage stated that it is a possibility to revisit this item now that they have the information they know now. Mr. Andrew stated the commission was free to revisit the issue of minimum dwell times and limit the output of the sign to a prescribed light limit. He went on to explain Wichita's and Chicago's issues with digital billboards. Davis asked for clarification on the one the city owns. Mr. Andrew stated that it is not nonconforming to any code. Commissioner Hodges asked if there was any way to revisit the change rate on the on premise signs. Ms. Driscoll stated as far as the sign goes, they can address the timing issues now, but if a code needs to be addressed to include a mandatory timing, then it would need to be a text amendment. Mike added that addressing it in a text amendment would go beyond just the sign the city owns. Mr. Andrew stated that each type of sign has distinct capabilities and purposes and different audiences it portrays to. He continued to state the expectation of the industry. Mr. Andrew also stated the steps that were taken when the sign at Ohio and Midway was put into place and that the other option wouldn't go through all of those steps and wouldn't allow any public input and leaving out all opportunity to be heard. A conversation ensued between Mr. Schrage and Commissioner Davis regarding the action taken on the prohibition on digital billboards. Page 8 Ms. Driscoll asked the commission to give direction or continue on the path they are already on with the signs. Mayor Ryan asked to extend the flash rate for on premise. Commissioner Hoppock stated electronic moveable copy signs were considerably smaller and didn't have much impact on drivers. A conversation ensued between Commissioner Davis and Mr. Schrage regarding the city H owned sign compared to others. s A conversation ensued between Ms. Driscoll and Mr. Schrage regarding signs at Tony's Pizza Events Center and that some may be just strictly for advertising purposes. A conversation ensued between Mr. Bengtson and Ms. Driscoll regarding whether there is potential for action on this item. Mayor Ryan stated he would prefer to save this discussion for another day. Commissioner Davis expressed his concern on the timing of the sign he observed. Mr. Schrage stated that Planning Commission could address the text amendment. Commissioner Hodges stated she received citizen complaints on the work on South Ninth Street between Republic and Cloud. Jim Kowach, Director of Public Works, stated the nature of the project was unusual with all projects being separate contracts and went on to explain the reasoning behind the issues in regards to the current project. He continued to explain the future timeline of Ninth Street projects. Commissioner Hodges stated she also has been receiving citizen complaints regarding an independent audit over the animal cruelty case and the requested documents. She then asked if the commission chose not to do the audit, would that open it up to Saline County citizens and Reno County citizens. Mr. Schrage explained the process that happened in Reno County. Commissioner Hodges asked to add discussion for a third party audit. A conversation ensued between Commissioner Hoppock and Commissioner Hodges on who would do the third party audit Commissioner Hoppock stated his concerns in regards to the personnel issue and the court proceedings,and if this is an issue that should be out in the open for the public. Mayor Ryan stated he felt it premature to take action and expressed the need to wait for the outcome of the court. Commissioner Hodges contended that this be a parallel process with the actions taken to exceed the spending authority and stated she hadn't seen the invoices for those purchases in regards to the animal cruelty case. Page 9 Commissioner Hoppock stated he would ask that the citizens be patient with them and that he wants to see the same information as well, but that the timing may not be right. He continued to add that there were other issues on their plates that would affect this. A conversation ensued between Commissioner Hodges and Mr. Schrage regarding the need for additional assistance and getting invoices. To ADJOURNMENT 18-034 Moved by Commissioner Davis, seconded by Commissioner Hodges, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 7:28 p.m. [SEAL] Karl F. Ryan, Mayor ATTEST: Allison Strait, Deputy City Clerk Page 10