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09-23-2019 Minutes CITY OF SALINA,KANSAS m REGULAR MEETING OF THE BOARD OF COMMISSIONERS September 23,2019 4:00 p.m. The City Commission convened at 2:30 p.m. for Health Insurance Discussion and at 3:45 p.m. for w Citizens Forum at City-County Building, Room 10Th. to 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 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 Allison Hamm, Deputy City Clerk. AWARDS AND PROCLAMATIONS None. CITIZENS FORUM Jon Blanchard, 250 South Ninth Street, discussed the September 16, 2019 special meeting and the lack of notification prior to. He continued to express the seriousness surrounding 1 the Kansas Open Meetings Act (KOMA) and the violation from that meeting. He then asked why this issue was not added to today's agenda and requested it be added. He finally added that he had filed a complaint with the Attorney General's Office. Mayor Davis stated that the city manager had offered to do an investigation regarding the KOMA concern. Mike Schrage, City Manager, stated there may have been confusion on all parts. He further elaborated on the notification list and verified that the notification did not, in fact, go out prior to the special city commission meeting. Commissioner Hodges thanked Joan Ratzlaff for sending the email regarding the violation. She then asked whose responsibility it is to distribute the meeting notice. Mr. Schrage stated that City Manager's Office is involved in the notifications when commissioners are invited to events. Greg Bengtson, City Attorney, added that statutorily it is the responsibility of the chair of the body that is convened. Mayor Davis stated they notify,City Manager's Office if they are invited to an event. Commissioner Hodges asked if the requirements of a notification must include the time, place and address of the meeting. Mr. Bengtson stated that was correct. Commissioner Hodges stated she is fine with a self-report to the Attorney General as it looks better. Mr. Schrage replied that staff concurred and that was the direction they were headed. I19-0265 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to add KOMA violation to the agenda as Item No. 7.6. Aye: (5). Nay: (0). Motion carried. Tonya Greer discussed the breed specific legislation and the issues surrounding her two I Page 1 dogs. She further stated that both of her dogs were taken due to the breed specific law and went into more detail surrounding her case with Municipal Court and the Animal Shelter. She suggested the city commission and city staff do research on her case and the breed specific legislation. Commissioner Hay asked if they were waiting on the breed specific ordinance to be brought back. Mike Schrage, City Manager, stated yes, but it is a complicated issue. He further stated that staff is working on bringing it back but didn't have a targeted date for it to be on the agenda. He concluded with providing information on Ms. Greeff s case and the compliance agreement that is available for breed specific dogs. Commissioner Hay asked when the item would be brought back to the commission. Mr. Schrage hoped that it would be brought back within 30 days,but it's a sizable task. Commissioner Hay stated that owner's need to start taking responsibility and this ordinance needs looked at and consider being repealed. Commissioner Hodges stated the Animal Control Advisory and Appeals Board recommended suggestions and hoped to bring it back within 30 days. Mr. Schrage added they need to provide enough history of how they've got to where they are now and get more information on whether it's the breed or the owner. Rita LaShelle stated she had a pit bull when the ban first went into place and had done everything that is required when owning a pit bull. She added that she never had any issues and suggested the need for more research on the issue. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on naming rights for Salina Animal Shelter Surgical Center. (5.1a) Resolution No. 19-7739 naming the storage area at the Salina Animal Shelter as the Smedley Family Surgical Center. Chris Cotten, Director of Parks and Recreation, explained the naming guidelines, fiscal impact and action options. Commissioner Hodges thanked the Smedley Family's generosity for the request and added that she is excited for the new facility. Mayor Davis opened the public hearing. There being no further comments the public hearing was closed. 19-0266 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to adopt Resolution No. 19-7739 naming the storage area at the Salina Animal Shelter as the Smedley Family Surgical Center. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the special meeting minutes of September 16, 2019. (6.2) Approve the regular meeting minutes of September 16, 2019. Commissioner Hodges requested that Item 6.2 be removed from the consent agenda. 19-0267 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to approve Item 6.1. Aye: (5). Nay: (0). Motion carried. Page 2 (6.2) Approve the regular meeting minutes of September 16, 2019. Commissioner Hodges clarified a correction to the minutes that was received via email from Joan Ratzlaff. 19-0268 Moved by Commissioner Hodges, seconded by Commissioner Hay, that the minutes of the September 16, 2019 regular meeting be corrected to state, "Joan Ratzlaff, Salina, mentioned the joint meeting with the Saline County Commission today and said that public notices had not been sent and explained the KOMA application." Aye: (5). Nay: (0). Motion carried. ADMINISTRATION U (7.1) Resolution No. 19-7743 amending Resolution No. 17-7458 to provide additional funding in an amount not to exceed $5,900,000 for the costs of designing and constructing a Police Training Facility. Debbie Pack, Director of Finance and Administration, explained the funding needed, fiscal impact and action options. Commissioner Hodges asked if Debbie could provide an idea of costs incurred to date to get to the $465,000 amount and any costs that are outstanding. Ms. Pack stated when they were presented with the original budget on August 12, 2019, approximately $430,000 had been spent to date. She added that it includes the acquisition of the Yost property, PFDG services, appraisal services, publication costs and financing costs due to the issuance of temporary notes. The concluded that this leaves a total of $484,645.98 total spent to date on the project. Commissioner Hodges asked if they still had funds set back for construction. Ms. Pack stated that was correct, there was still a remaining$66,775 in the original contract. Mayor Davis asked about the costs for the evaluation of the Centerfire Range. Mr. Schrage stated it came out of this budget. Rod Franz, 2214 Mayfair Drive, requested they postpone consideration of this item due to the additional money increasing the debt service. He further stated that there would be projects that would either need reduced or reallocated in order to completely fund this project and if projections hold true, there would be no funding available. Tonya Greer suggested other projects the money could be used for such as a work-release program. She further stated the police officers are well trained and this facility was not needed. Mayor Davis stated the officers may be trained, but the current facility was not intact. He added that the delay in moving forward with the project is part of why the expense is now so high. Commissioner Hoppock asked staff to respond to Mr. Franz's comment. Ms. Pack stated they were aware of the debt service amount when this project was brought forward. Mike Schrage, City Manager, stated that staff was mindful of additional annual costs and the sales tax fund needs to be considered moving forward. A conversation ensued between Commissioner Hodges and Mr. Schrage regarding previous obligations for sales tax funds and spending commitments. Page 3 Commissioner Hoppock requested the commission receive more regular financial reporting. He added that once a year may be too late but receiving them quarterly may be beneficial to stay within guidelines. 19-0269 Moved by Commissioner Hay, seconded by Commissioner Ryan, to approve Resolution No. 19- 7743 amending Resolution No. 17-7458 providing additional funding in an amount not to exceed w $5,900,000 for the costs of designing and constructing a Police Training Facility. Aye: (5). Nay: (0). Motion carried. (7.2) Resolution No. 19-7741 authorizing the issuance, sale and delivery of General Obligation Temporary Notes,Series 2019-2 with Bennington State Bank. U Debbie Pack, Director of Finance and Administration, explained the fiscal impact and action options. 19-0270 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to adopt Resolution No. 19-7741 authorizing the issuance, sale and delivery of General Obligation Temporary Notes, Series 2019-2 with Bennington State Bank. Aye: (5). Nay: (0). Motion carried. (7.3) Resolution No. 19-7742 authorizing the Mayor to enter into a Supplemental Agreement to the June 12, 2017 Agreement with Police Facility Design Group (PFDG). Chief Brad Nelson explained the agreement, fiscal impact and action options. Commissioner Hoppock asked if the Yost Drive evaluation was not originally anticipated. Chief Nelson stated that was correct. Commissioner Hodges asked what role PFDG had once construction got started. Chief Nelson stated their plan was to be onsite bi-weekly and will continue to work with the City. Mike Schrage, City Manager, stated they sat down and talked with PFDG who identified key steps in the process where they wanted to be onsite as a representative. Commissioner Hodges asked if the remaining $66,000 is enough to take care of these services. Mr. Schrage replied PFDG stated that would be the case. 19-0271 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Resolution No. 19- 7742 authorizing the Mayor to enter into a Supplemental Agreement to the June 12, 2017 Agreement with Police Facility Design Group (PFDG) in the amount of $77,870. Aye: (5). Nay: (0). Motion carried. (7.4) Application #Z19-9, filed by the Salina City Planning Commission, requesting an amendment of Section 42-508 Temporary Signs, Banner Signs and Mobile Signs, to eliminate the numerical limit on the number of temporary signs that can be placed on a lot during election season and to eliminate the prohibition on the placement of temporary signs in the right-of-way during election season. (7.4a) First reading Ordinance No. 19-11016. Dean Andrew, Director of Planning, explained the state statute, Supreme Court decision, Salina code section and action options. Commissioner Hoppock asked if there was an unlimited number of signs allowed in the yard or unpaved right-of-way. Mr. Andrew stated that was correct. Page 4 Commissioner Hoppock asked if a candidate is unsuccessful in the primary elections are they required to remove their signs within two days. Mr. Andrew stated no, because it would be a content-based distinction which does not allow them to do because of the limitations in Reed V. Town of Gilbert. Mike Schrage, City Manager, stated that if it's a non-commercial sign, staff does not have the ability to make that distinction. He added that the City's approach is more lenient regarding the number and content of signs. N 1 Commissioner Hoppock stated that according to the state, citizens will have the ability to have signs in the community for 138 days with primaries. U Mr. Andrew stated he hoped the legislature will go back and make necessary adjustments. Mayor Davis asked if there is a setback distance from the curb that is in our statute. Mr. • Andrew stated that staff looks at a combination of things to calculate the vision clearance triangle when they get a complaint. He added that the complaints are treated on a case by case basis. 19-0272 Moved by Commissioner Hay, seconded by Commissioner Ryan, to pass Ordinance No. 19-11016 amending Section 42-508 of the Salina Code pertaining to the regulation of temporary signs within the city of Salina, Kansas and repealing the existing section on first reading. Aye: (5). Nay: (0). Motion carried. 19-0273 Moved by Commissioner Hay, seconded by Commissioner Ryan, to declare a compelling public interest exists for second reading approval of Ordinance No. 19-11016 on the same day as the first reading. Aye: (5). Nay: (0). Motion carried. 19-0274 Moved by Commissioner Hay, seconded by Commissioner Ryan, to adopt Ordinance No. 19-11016 amending Section 42-508 of the Salina Code pertaining to the regulation of temporary signs within the city of Salina, Kansas 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. (7.5) Resolution No. 19-7744 adopting the City of Salina Strategic Planning Report. Mike Schrage, City Manager, explained the strategic plan and action options. Mayor Davis asked if the items under general categories would be addressed on an annual basis. Mr. Schrage stated it was the governing body's decision if they would like to address them annually. He added there would be opportunities for more discussions on what the commission wants to get out of the strategic planning session and what their expectations are. Jon Blanchard, 250 South Ninth Street, asked what would be included in the financial dashboard and if it was intended for commissioners only or the public to view the financial health of the city. He also requested something be added to the dashboard regarding the loss of sales tax revenue. Mr. Schrage stated the financial software they currently have could auto-generate monthly graphics; it would just be a matter of building it. He added that staff intends to create dashboard indicators to share on the city website monthly. Commissioner Hodges asked if it was worth investigating how other cities do this. Mr. Schrage stated that it was already built into the software and staff can now move forward Page 5 with implementing now that budget is over with. Rod Franz stated the software aspect of this is important due to the loads of data to process. He added that processing all of this information manually was difficult and appreciated the automation of this process. Mr. Schrage explained the year-to-date comparisons will help see where they are as far as performance and what their benchmark should be. Commissioner Hodges stated the struggle having five people with five different goals. She added that she would like to have conversations on what the commission hopes to get out of strategic planning next year and that there wasn't a lot of consensus with the last one. Commissioner Hoppock agreed with Commissioner Hodges and stated he was disappointed with the lack of direction they received. He then requested a half hour study session every quarter to review where they are with their strategic plan. Commissioner Ryan stated he would have liked to have spent more time on the goals session or have extended it. Commissioner Hay stated he agreed with Commissioner Hodges as well and added that it was a challenge to put it all together. Mr. Schrage concurred with the rest of the commission and added that they could have spent more time on it. Mayor Davis expressed his disagreement with the rest of the commission. He stated that the most important items were highlighted in the blue sheet, but the priorities will change every year. Mr. Schrage agreed that those five highlighted items represent what the commission had a consensus on. Commissioner Ryan stated he was satisfied with the mission statement of the commission. 19-0275 Moved by Commissioner Ryan, seconded by Commissioner Hay, to approve Resolution No. 19- 7744 adopting the City of Salina Strategic Planning Report. Aye: (5). Nay: (0). Motion carried. (7.6) Discussion addressing Kansas Open Meeting Act violation at the September 16, 2019 special city commission meeting. Greg Bengtson, City Attorney, explained the procedure of self-reporting their violation to the Attorney General's Office. He added that the commission would complete a complaint form from their website on behalf of the city. Mayor Davis asked if the form needed to be approved by the governing body. Mr. Bengtson stated he would like to verify with the Attorney General on how they should proceed with submitting the form. Commissioner Hodges asked if it would be possible to add this item to the agenda for next week's special meeting in order to proceed with the item faster. Commissioner Hoppock asked if there were separate notification lists for each meeting type. Mr. Schrage stated there was an automated signup where citizens can subscribe to specific boards. Commissioner Hoppock asked how this notification was missed being sent out. Mr. Schrage stated it was human error. He added that staff was working on ways to get past human error as far as making sure notifications are sent out. Commissioner Hoppock then added that the error was not malicious in manner and anticipated correcting it. Page 6 Commissioner Ryan requested they correct the issue now without the need for a special meeting. Mr. Schrage stated that staff's failure reflects on the governing body and could require mandatory training. Mr. Bengtson asked Mr. Blanchard for clarification on whether he filed a complaint or not. Mr. Blanchard stated he had done so this morning. Mr. Bengtson stated he was prepared to advise the governing body in an executive session on the elements of self-reporting. He added that it was at their discretion whether it was in a public meeting or executive session. Commissioner Hodges stated she was fine dealing with it in an open public meeting. 19-0276 Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to recess into executive session for 5 minutes to discuss with legal counsel the subject of the absence of direct notice of the special meeting of the City Commission at 12:30 p.m., Monday, September 16, 2019 to certain persons having requested notice of meetings of the City Commission pursuant to K.S.A. 75-4318(b) 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 opening meeting will resume in this room at 6:05 p.m. Aye: (4). Nay: (1) Hodges. Motion carried. The City Commission recessed into executive session at 6:00 p.m. and reconvened at 6:05 p.m. No action was taken. Mr. Bengtson stated it was okay for the commission to discuss matters in an open meeting, but further clarified his reasoning for the executive session. He then added that it would be in the City's interest that the evaluation done by the Attorney General include a consideration for a technical violation. Mayor Davis asked if all commissioners need to sign the self-reporting form. Mr. Bengtson stated he would need to have a consultation with the Attorney General in the meantime to verify they are proceeding as expected. Commissioner Ryan asked if it was reasonable to request that Mr. Blanchard withdraw his complaint. Mr. Blanchard stated he would not and was not aware of a procedure involving that. He continued explaining his reasoning for the complaint and added that KOMA and KORA are the prime responsibilities of the governing body. He concluded by recommending the governing body verify that everyone is receiving these notifications. Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to authorize the self- reporting by the City to the office of the Attorney General of circumstances surrounding notice of the special meeting of the City Commission convened at 12:30 p.m., Monday, September 16, 2019 - in the Saline County Health Department conference room with a request that any violation be found to have been technical in nature. Commissioner Hodges stated that she does not care for using the word "technical" in the Motion. Mayor Davis stated he believes the Attorney General should perceive and do their own investigation. Page 7 Mr. Bengtson clarified that it was not his intent to try to direct the outcome with the S language used to write the motion. He further suggested they amend the motion. Commissioner Hodges agreed that it would make a difference. Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to approve the changes to z the motion. a A conversation ensued between Mayor Davis and Mr. Bengtson regarding the process for en writing the report and how they should submit it. Mr. Schrage added there will be a final version the commission will be able to review before it is submitted. U Mr. Schrage stated it is his intention to add it to next Monday's special meeting. Mayor Davis asked how much time is required for the US mail to deliver a packet prior to the meeting. Mr. Schrage stated he is not aware of a provision in place for this. 19-0277 Commissioner Hodges restated the motion to authorize the self-reporting by the City to the office of the Attorney General of circumstances surrounding notice of the special meeting of the City Commission convened at 12:30 p.m., Monday, September 16, 2019 in the Saline County Health Department Conference room with a request they evaluate whether any violation was technical in nature. Aye: (5). Nay: (0). Motion carried. Mr. Schrage verified they will add this item to the next scheduled special meeting. IThe City Commission recessed at 6:30 p.m. for a 5 minute break. The meeting resumed at 6:35 p.m. DEVELOPMENT BUSINESS (8.1) Application #M19-9, filed by Jones Gillam Renz Architects on behalf of Kansas Wesleyan University, requesting an amendment of the Future Land Use Map of the Salina, Kansas Comprehensive Plan to change the future land use designation of property located on the north side of Claflin Avenue and the south side of Kirwin Avenue west of South Fourth Street from future Urban Residential to future Public/Semi-Public. (8.1a) First reading Ordinance No. 19-11014. Dean Andrew, Director of Planning, explained the request, Planning Commission Recommendation and action options. 19-0278 Moved by Commissioner Hay, seconded by Commissioner Hodges, to pass Ordinance No. 19- 11014 amending the Future Land Use Map of the City of Salina, Kansas Comprehensive Plan on first reading. Aye: (5). Nay: (0). Motion carried. (8.2) Application #Z19-8, filed by Jones Gillam Renz Architects on behalf of Kansas Wesleyan University, requesting a change in zoning district classification from R-3 (Multi-Family Residential), R-2 (Multi-Family Residential) and R-1 (Single-Family 1 Residential) to U (University) district on properties addressed as 126 East Kirwin Avenue, 130 East Kirwin Avenue, 117 East Claflin Avenue and 135 East Claflin Avenue. (8.2a) First reading Ordinance No. 19-11015. Page 8 Dean Andrew, Director of Planning, explained the request, zoning regulations, Planning Commission recommendation and action options. Mayor Davis asked, if Kansas Wesleyan University wished to demolish the president's house and take the property, could they add a dormitory or use it anyway they want to. Mr. Andrew stated it would be permitted under the University classification to use it for student housing or classroom building. y A conversation ensued between Mayor Davis and Mr. Andrew regarding electronic changeable copy signs. 19-02f9 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to pass Ordinance No. 19-11015 changing the zoning district classification from R-3, R-2 (Multi-Family Residential) and R- 1 (Single-Family Residential) to U (University) on property addressed as 126 East Kirwin Avenue, 130 East Kirwin Avenue, 117 East Claflin Avenue and 135 East Claflin Avenue on first reading. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Commissioner Hay stated he had been approached by someone at Cottonwood School who asked why he was always ahead of everyone when stating the Pledge of Allegiance. He then stated his reasoning for saying it the way that he does. ADJOURNMENT 19-0280 Moved by Commissioner Hoppock, 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 6:45 p.m. [SEAL] Trent W. Davis, M.D., Mayor ATTEST: • lagn Shandi Wicks,CMC, City Clerk 1 Page 9