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06-24-2019 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 24, 2019 4:00 p.m. The City Commission convened at 2:30 p.m. for Budget: Outside Agencies and at 3:45 p.m. for Citizens Forum at City-County Building, Room 107. 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 Trent W. Davis, M.D. (presiding), Commissioners Joe Hay,Jr., Melissa Rose Hodges, Mike Hoppock, and Karl Ryan. Also present: Michael Schrage, City Manager;Jacob Wood, Deputy City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. AWARDS AND PROCLAMATIONS None. CITIZENS FORUM Daniel Eckhoff, 655 Highland Avenue, asked if there was any update on the city policy about city employees not being able to display temporary political campaign signs in their yard. Michael Schrage, City Manager, stated he understood that the City Commission would consider that request and he provided as part of his City Manager's report excerpts of the personnel manual policy to the City Commission and stated it from a legal standpoint was compliant with the first amendment rights and stated that the personnel manual expresses the need for separation of city staff and from any political activity or political influence whether by way of election or their service in their roles. He continued to state that Mr. Eckhoff was correct in describing the personnel manual policy and stated it was intentional and was in keeping with legal review and the first amendment. He further stated the City Commission had a copy of it and it was at their discretion on whether to keep it as it was currently or look at making revisions. Mr. Eckhoff stated he would continue to challenge that, even if it meant doing it in other ways. Mr. Eckhoff reiterated individuals that had requested to move the meetings to every other week or to 6:00 p.m. and stated that he was not able to attend the earlier meetings due to his work schedule and was lucky to be able to come to the City Commission meetings at 4:00 p.m. He lastly asked to look at reducing the penalties for the marijuana possession, referring to simple possession not including individuals riding with it in their vehicles and provided information on the City of Wichita recently reducing their penalties. Mayor Davis stated for informational purposes, what leeway a city in Kansas had in setting policy on whether or not it was an arrest-able situation. Greg Bengtson, City Attorney, stated he could not answer that question adequately today but would be happy to research it further with consultation with the City Prosecutor. Commissioner Hodges stated that she would love to see the meetings to be moved to a later time but there had not been a consensus of the commission and stated there had not been a discussion about it but was maybe something in the future that could be a discussion item on an agenda but until a consensus was met, the meetings would be at 4 o'clock. She Paee 1 continued by looking at her fellow members of the Governing Body and asked them if there was any interest in either looking at a later start time or at least opening it up for discussion to talk about it with staff to see how it would affect them as well. Mayor Davis stated a lot of organizations had the same issue on what was the perfect date and perfect time of the meetings and stated if it was discussed; factors would need to be considered such as length of meeting and the winter time weather. Karen Shade, Salina, stated she preferred the earlier meetings and highly encouraged Mr. Eckhoff to research the database in District Court to obtain more facts and bring that back to the City Commission. She continued to state that the City-Go buses did not run on time on Saturday, June 22, 2019 due to paving of the street, provided information on the lack of coordination by OCCK to find an alternate bus terminal and stated that the phone number listed was not being answered when she called multiple times. She further continued to provide information on the taxicab companies in the community, the need for better public transportation for the citizens of the community, provided information on the limit of City- Go bus stops on Santa Fe, mentioned that the newspaper was not in attendance and asked that the study session be filmed. Joan Ratzlaff, Salina, stated that the city employees deserve their first amendment rights, would support a later meeting schedule and provided her thoughts on the decline in the media in the community. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of June 17, 2019. (6.2) Approve the proposed amendments to the Bylaws and Declaration of Covenants, Conditions and Restriction for the Manchester Manor Townhomes. 19-0182 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 19-11004 amending Chapter 8, Article III, Section 8- 172.1 Chart 1 and Section 8-175 Chart II of the Salina Code, to add a new category of contractor licensing for a Specialty Hood Suppression / Spray Booth Suppression Contractor. Mayor Davis noted that Ordinance No. 19-11004 was passed on first reading on June 17, 2019 and since that time no comments have been received. 19-0183 Moved by Commissioner Hodges, seconded by Commissioner Hay, to adopt Ordinance No. 19- 11004 amending Chapter 8, Article III, Section 8472.1 Chart 1 and Section 8-175 Chart II of the Salina Code, to add a new category of contractor licensing for a Specialty Hood Suppression / Spray Booth Suppression Contractor on second reading. A roll call vote was taken. Aye: (5) Hay, Hodges, Hoppock, Ryan, Davis. Nay: (0). Motion carried. Page 2 (7.2) Second reading Ordinance No. 19-11005 amending the International Fire Code, as adopted by the City of Salina, to add a new section to Chapter 14, Article III, Division 1, to be numbered 14-3-1-107.2, pertaining to the required electronic submittal of all fire and life safety inspection reports to the fire department via a third-party administrator designated by the City, or via an alternative method approved by the fire chief. Mayor Davis noted that Ordinance No. 1941005 was passed on first reading on June 17, 2019 and since that time no comments have been received. 19-0184 Moved by Commissioner Ryan, seconded by Commissioner Hay, to adopt Ordinance No. 19-11005 amending the International Fire Code, as adopted by the City of Salina, to add a new section to Chapter 14, Article III, Division 1, to be numbered 14-3-1-107.2, pertaining to the required electronic submittal of all fire and life safety inspection reports to the fire department via a third- party administrator designated by the City, or via an alternative method approved by the fire chief on second reading. A roll call vote was taken. Aye: (5) Hay, Hodges, Hoppock, Ryan, Davis. Nay: (0). Motion carried. (7.3) Second reading Ordinance No. 1941006 amending Salina Code Section 7-34 pertaining to keeping of bees and repealing the existing section. Mayor Davis noted that Ordinance No. 19-11006 was passed on first reading on June 17, 2019. Michael Schrage, City Manager, stated in response to the observation hives in the schools, the ordinance was amended to allow observation hives on school property but included the distance requirement. 19-0185 Moved by Commissioner Hay, seconded by Commissioner Hodges, to adopt Ordinance No. 19- 11006 amending Salina Code Section 7-34 pertaining to keeping of bees and repealing the existing section on second reading. A roll call vote was taken. Aye: (5) Hay, Hodges, Hoppock, Ryan, Davis. Nay: (0). Motion carried. (7.4) Consider approval of property exchange and acceptance of access and water line easements in Block Eight (8) of the Oakdale Addition to allow a garage to be constructed on Lot Eleven (11) and improve access for maintenance of a public water well site. Martha Tasker, Director of Utilities, explained the property exchange, easements and action options. Mayor Davis asked if the water line would stay in the same place and if there were restrictions for the use of the easement. Ms. Tasker stated the water line would remain in the same location and staff had talked with the property owner regarding the use of the easement. 19-0186 Moved by Commissioner Ryan, seconded by Commissioner Hoppock, to approve the property exchange with Patricia Landauer, Kyle B. Katherinberg and Kathy Ayers and accept the offered permanent access and permanent water line easements as follows: Authorize the Mayor to execute a deed for Tract 2, Accept the deed for Tract 4, Accept the Permanent Access Easement on Tract 6 and Accept the Permanent Water Line Easement on Tract 5. Ave: (5). Nay: (0). Motion carried. (7.5) Authorize permission to exceed storm debris clean-up quote from CS Carey to mobilize and grind storm debris from Saturday, May 25, 2019 storm event. Page 3 Chris Cotten, Director of Parks & Recreation, explained the request, fiscal impact and action options. Mayor Davis asked if CS Carey had already started. Mr. Cotten stated they had not begun the work yet. Commissioner Hodges asked when the KKOA event was. Mr. Cotton stated setup would begin on July 17th. Commissioner Hoppock asked if the site was controlled 24 hours a day. Mr. Cotton stated no it was not. Joan Ratzlaff, Salina, asked where the mulch would be used at. Mr. Cotton stated the first priority was to get it moved east at East Crawford Recreation Area in preparation for the KKOA event, most of it would be moved to the landfill and at some point, a portion would be available to the public in the future. Commissioner Hodges asked if it could be used at Lakewood for the trails. Mr. Cotton stated yes, but there was a pretty good size pile at Lakewood Park at this time. 19-0187 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to approve expenditures in excess of $19,500 be paid to CS Carey, Inc. at a cost of $2.00 per cubic foot for the on-site grinding of storm debris in excess of the 480' X 40' X 16' pile of debris for which a contract has been previously authorized. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Commissioner Hay wanted to thank parks staff and city staff for the Parks tour last Friday and that they were able to add Memorial Hall to the tour. He noted that they were also able to visit the Salina Municipal Band room that emails were received on. Commissioner Hodges thanked staff for the tour and encouraged a comprehensive tour of other facilities in the organization. Mayor Davis asked for a timeline on the receipt of the Strategic Planning. Michael Schrage, City Manager,stated he hoped to get it to the City Commission tomorrow. ADJOURNMENT 19-0188 Moved by Commissioner Ryan, 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 4:47 p.m. INAV [SEAL] Trent W. Davis, M.D., Mayor ATTEST:Ty� avu Shandi Wicks,CMC,City Clerk Page 4