10-21-2019 Minutes CITY OF SALINA,KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
October 21, 2019
4:00 p.m.
The City Commission convened at 2:30 p.m. for Financial Update and at 3:45 p.m. for Citizens
Forum at City-County Building, Room 107.
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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
g 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 Allison Hamm, Deputy City Clerk.
Mayor Davis asked the Clerk for verification that notice had been sent for today's City
Commission meeting. The Clerk replied yes.
AWARDS AND PROCLAMATIONS
(3.1) The day of October 26, 2019 as "Rolling Hills Zoo Day" in the city of Salina. Robert
Jenkins, Rolling Hills Zoo Executive Director, read the proclamation and announced
associated events. He added that the tiger cubs were on display today for the first
time and will be on display for this Saturday's event.
(3.2) The week of October 20-26, 2019 as "Friends of the Library Week" in the city of
Salina. Gretta Kontas, Vice President of the Friends of the Salina Public Library,
read the proclamation and announced associated events. Melanie Hedgespeth,
Salina Public Library Director, introduced herself and added that she is behind the
Friends of the Library.
CITIZENS FORUM
Deborah Corrales explained a little about Michael Vick's pit bull fighting dogs and talked
about the circumstances surrounding that case. She went on to explain the dogs that were
left behind and used as therapy dogs. She explained the dogs that she has had as rescue
dogs and added that these dogs are not inherently dangerous. She went on to explain the
requirements that she had to follow in regard to her breed specific dog and her
disagreement with the ban.
Commissioner Hodges asked when they would be looking at the breed specific ban again.
Mike Schrage, City Manager, stated they have a rough draft from Salina Animal Services
staff and believes they are a couple more weeks or so out.
Tonya Greer asked the mayor if he has received a letter from Anthony Mays with the
Federal Housing Equal Opportunity Department. Mr. Schrage stated it was received, but it
went to the Human Relations Commission who handles these situations. He added that it
111 would be handled elsewhere due to a conflict of interest.
Tonya Greer went on to state it has been more than two weeks since it was sent, and they
hadn't received a response on the investigation. Mr. Schrage stated it was a conflict of
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interest for the City to investigate. Lauren Driscoll, Director of Community and
Development Services, stated they have 30 days to respond and they responded within
three (3) or four (4). She added that she explained the issue surrounding conflict of interest
"within the letter.
O. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing to consider adoption of Resolution No. 19-7752 declaring a certain
structure located at 236 S. 4th Street to be unsafe and dangerous, directing that the
structure shall be repaired or removed; and establishing a reasonable amount of
time within which the repair or removal of such structure shall commence and be
completed.
Sean Pilcher, Building Official, explained the dangerous structure procedures, fiscal impact,
funding available and the code sections that pertain to this matter.
Mike Schrage, City Manager, stated that he mentioned it had occurred on Valentine's Day
of 2018, but his report had dates from this year. Mr. Pilcher clarified that it was this year.
Mr. Schrage acknowledged he is pleased and optimistic on the progress made by Mr.
Ratzlaff. He added that they had an obligation to conduct this public hearing due to it
having been published already, but enforcement wouldn't be necessary it was just an
opportunity to set a deadline and ensure repairs are made.
Commissioner Hoppock asked if 60 days was long enough and if it could be extended later
on if Mr. Ratzlaff needs more time to complete them all. Mr. Schrage stated they have
amended resolutions in the past and they are reviewed on a case by case basis,but it can be
extended if needed.
Mayor Davis asked what the significance was on the fire proceeds. Mr. Pilcher stated it was
a Kansas state statute that every time there is a fire, the City is sent a check for 10% of the
insurance proceeds in the case that action is needed by the City. He added that the City has
a deadline to return it to the policy holder unless the structure is declared dangerous.
A conversation ensued between Commissioner Hoppock and Mr. Filcher on the process of
the insurance proceeds.
Mr. Schrage stated that state statute provides for that 10% and Salina has opted in the
program. He added that it is not required across the state.
Commissioner Hodges asked if Item Nos. 5, 6 and 7 were included in the building permit.
Mr. Pilcher stated yes, Mr. Ratzlaff would not need to obtain any additional permits.
Commissioner Hodges asked when the photos were taken. Mr. Pilcher stated they were
taken October 9, 2019.
Commissioner Hodges asked if Mr. Ratzlaff was the property owner and stated that she
was not able to find that online. Mr. Pilcher stated that if she searched online, it may not
show that as it takes some time to get updated. He added that if a person were to go into
the County Treasurer's Office, they can see that he is the property owner.
John Ratzlaff, 236 South Fourth Street, stated that he can have the structure secured by the
end of this week. He added that it's taken more work to lift the house, but it was finished
today and there are only a few more things he needs to do to secure the property.
Mr. Schrage thanked him for taking the time to take on the project.
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Mr. Ratzlaff stated he can be done with the major list within 60 days in order to remove it
as a dangerous structure.
Mayor Davis opened the public hearing.
There being no further comments the public hearing was closed.
19-0308 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to adopt Resolution No.
19-7752 finding that the structure at 236 S. 4th Street is unsafe or dangerous; directing that the
structure be repaired or removed and the premises made safe and secure; fixing a time of 60 days
(on or before December 20, 2019) within which the repair or removal shall be completed; and
authorized staff to proceed with the demolition or repair if the owner(s) fail to comply. Aye: (5).
Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of October 14, 2019.
19-0309 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Resolution No. 19-7749 providing for the advisability and authorization of a special
improvement district for water, sanitary sewer, street and drainage improvements
in Nine South Addition and authorizing the Mayor to execute an Improvement
District Development Agreement between the City of Salina and Nine South
Development, LLC.
Dan Stack,City Engineer, explained the district, improvements and agreement.
Commissioner Hodges asked what point it would convert to Commercial zoning. Mr.
Schrage stated that regardless of the zoning category, you can maintain an Agricultural
assessment by demonstrating an Agricultural use. He then went on to explain the guidelines
that determine if it's Agricultural or not.
A conversation ensued between Commissioner Hodges and Mr. Schrage regarding the
Agricultural rate. Commissioner Hodges then added that she would like to make sure
properties are assessed for what they will be developed for and requests that to apply in the
future as well.
Mayor Davis asked if they were paid for by the city-at-large or the developers from a
historical perspective. Mr. Stack stated it was the city-at-large. He added that this one has
been in the works for quite a while.
Dean Andrew, Director of Planning, stated that the section in front of Market Place
Apartments was built by the city-at-large and the original portion north of Schilling Road
was built by the developer of the Sam's Club development. He added that most of the
frontage road in front of Walmart was constructed through special assessments.
Mr. Schrage stated that the City offered to install the Market Place section, but the owner at
the time turned it down. Mr. Andrew added that they offered for dedication of the right-of-
way and would construct the remainder of the frontage road in front of the previous owner's
property at the City's expense,but he declined leaving it untouched.
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I19-0310 Moved by Commissioner Ryan, seconded by Commissioner Hay, to adopt Resolution No. 19-7749
providing for the advisability and authorization of a special improvement district for water,
sanitary sewer, street and drainage improvements in Nine South Addition and authorizing the
Mayor to execute an Improvement District Development Agreement between the City of Salina
- and Nine South Development, LLC. Aye: (5). Nay: (0). Motion carried.
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(7.2) Resolution No. 19-7750 providing for the advisability and authorization of a special
y improvement district for water, sanitary sewer, street and drainage improvements
zi in the Stone Lake Addition Phase 2 and authorize city staff to accept bids for the
R improvements.
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Dan Stack,City Engineer, explained the district, improvements and bids received.
Mike Schrage, City Manager, stated that since 2010, 2 sections have been sold which
contributes to the multiple applications.
Mayor Davis asked if residents can use the emergency access road if they perceive an
emergency. Mr. Stack stated that the emergency access would be a special key/lock type of
approach and is typically not used by residents, but it is possible. He added that their intent
was to prevent them from being used other than for emergencies.
Mr. Schrage stated it would most likely be a gravel road for fire trucks and their equipment.
He added that it was not intended for day-to-day use due to the lack of a paved road or curb
and gutters.
1 Commissioner Hodges asked how many lots remain available in Stone Lake Phase I. Dean
Andrew, Director of Planning, stated all lots were spoken for. He added that every non-lake
lot has a building on it, or is under way, and the lake lots are spoken for and purchased, but
not yet built on.
A conversation ensued between Commissioner Hodges and Mr. Stack regarding the
receiving of values on the lots and the process.
Mayor Davis asked what the impact of financing was and asked which part the debt is being
paid out of.
Debbie Pack, Director of Finance and Administration, stated that it comes into debt service
fund and then comes out of debt service fund. She then went on to explain the process. Mr.
Schrage added that as debt service expense goes up, the revenue should go up as well except
for deferrals. He then went on to explain how deferrals work.
Mayor Davis asked if they had deferrals on Stone Lake. Mr. Schrage explained they were
delayed and not deferred. He then went on to explain the difference between the two.
A conversation ensued between Mayor Davis and Mr. Schrage regarding the statutory debt
limit and if they could recoup some of the administrative costs.
Mayor Davis stated the list shows all special assessments, amounts, when they start and
when they end. Ms. Pack stated they have a list of projects that were funded through special
1 assessments and some were refunded. She added that this list can tell all of that information
and can also see how much will drop off each year. She concluded with saying that $50,000
to $200,000 is in debt payment only. Mr. Schrage added clarification on what debt payment
is.
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Commissioner Hoppock asked what the statutory debt limit is currently for the City. Ms.
Pack stated the City is at 47% of their limit, not including anything issued in 2019.
Mayor Davis stated he would like to see a maximum amount they would spend on special
assessments for housing and would like to be able to watch their statutory debt limit closer.
Ms. Pack stated that currently only 14% of their statutory debt limit are special assessments.
Commissioner Hodges asked if they have data that shows where other communities are at
for comparison, or is there a recommended percentage they should be at as a city. Ms. Pack
° stated she wasn't sure if there is a recommended limit,but would look into it. She added that
their bond rating mentions level of debt and it's something they need to keep an eye on, but
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they also had a lot of big projects in the last few years that added to that.
A conversation ensued between Commissioner Hoppock and Mr. Schrage regarding other
communities and issues they have had with special assessments.
Commissioner Hoppock stated he would like to continue to monitor how many residential
lots become available. He then asked what percentage of special assessments are residential
and what is commercial as far as projects. Mr. Schrage explained the background of special
assessments and the reason behind the Menard's Development and West Diamond Drive
Development.
Commissioner Hodges asked if it was possible to find out if they could improve their bond
rating by reducing their debt limit. Mr. Schrage stated that bond counsel wouldn't give a
definitive answer, but they could provide some direction. He added that if it's a priority, it
can be done.
A conversation ensued between Mayor Davis and Ms. Pack regarding the statutory limit and
the process of changing it.
Jon Blanchard, 250 South Ninth Street, stated that the commission is under significant budget
constraints and will see an increased pressure on the housing market, so it's important to
collect all sales tax available. He then expressed his concern with the special assessment
process and the need to create an agreement if someone asks for special assessments. He then
concluded by providing information on other communities and the legislature and how they
approach special assessments.
Mr. Schrage stated that staff had pursued the issue with the assessor on the Agricultural use
issue and its statutory requirement. He added that bond counsel will let them know if it's
permissible. Greg Bengtson, City Attorney, stated that bond counsel would be the primary
person to consult with on this matter due to their experience.
Mayor Davis asked if the City had the right to demand payment at that rate. Mr. Schrage
stated he would need to confirm with bond counsel, but the County's approach is consistent
with the state statute. He then went onto explain what is allowed with Agricultural use.
Mayor Davis asked if the City can contest the County Assessor's opinion. Mr. Schrage stated
he didn't know for sure, but he thought you could contest in general or weigh in on the
Board of Tax Appeal's appeal. Mr. Bengtson added that, depending on bond counsel's
opinion, they are in a matter of contract law and implementation would require commitment
on part of the owner to not utilize the property that triggers the qualification for Agricultural
use. He concluded with stating that it would be best to check with bond counsel.
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Mayor Davis asked if any properties in Stone Lake are considered Agricultural. Mr. Andrew
stated that assessed values on vacant lots are assessed as Agricultural value and not
residential. Mr. Schrage added that water, sewer and street improvements doesn't change
the status.
Mr. Schrage stated that there is documentation to prove such assessment and went on to
explain the standard that is used to determine if it is assessed as Agricultural.
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8 Mayor Davis stated they are not losing special assessments. Mr. Schrage stated that was
4 correct. He then went on to explain the process.
8 Commissioner Hodges stated that the obligation to pay off special assessments remains
regardless, and the taxing entities can then capture value created by putting in the
infrastructure at an earlier time not an earlier rate.
Mayor Davis asked if the 15 years wouldn't start until the property is improved. Mr. Schrage
explained the residential assessment and Agricultural assessment; and the entire process of
determining what constitutes it a special assessment classification.
Todd Welsh, 300 South Ninth Street, shared insight on the subdivision he completed and
informed the commission the property was being charged extra because it was platted. He
explained his frustration with the Agricultural use classification and the current process of
determining whether special assessments begin or are deferred. He then requested that the
commission look into implementing a policy on how it's determined.
Mr. Welsh provided an update on his developments with River Trail having ten (10) lots to
be built on; Stone Lake is completely sold out; Magnolia Hills has one lot available that is
currently having slab a put in. He added that most of these additions are on the higher end,
but they are now looking at building homes in the $240,000 and $320,000 range. Mr. Welsh
concluded by expressing his concern with the emergency access roads and requested the
commissioners look at this issue in the future.
Commissioner Hodges stated that she agreed with Mr. Welsh and added that she would like
to see a policy applied fairly and consistently among all projects so that everyone has the
same expectations.
Mr. Welsh requested that the developing policy have a start date listed in there of when it
will go into effect so that he and other developers can work around it.
A conversation ensued between Commissioner Hodges and Mr. Welsh regarding the
changes in special assessments throughout the years.
Mr. Welsh stated that putting this policy into place so quickly could cause problems for
himself and other developers.
Commissioner Ryan asked how long it would take for the market to adjust in terms of
houses with specials and ones without. Mr. Welsh stated that it is easier to sell a house with
specials, but he'd like to see special assessments be reduced.
Mr. Schrage stated that a typical buyer would prefer the cheaper house with specials, but it
ends up being a higher monthly cost to get into the home. He added that lenders couldn't
approve a loan for a home with specials because of their inability to get an assessment on
that house. He concluded by stating that they haven't been able to come up with a solution
that would change the lending practice.
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Mr. Welsh stated that banks put specials into consideration when giving loans to prospective
homeowners.
Mr. Schrage stated that the prior county assessor attempted to factor in the infrastructure of
the specially assessed improvements into the assessed value which went to the State Board of
Tax Appeals and was overruled.
A conversation ensued between Mr. Schrage and Mr. Welsh regarding whether or not
2 improvements can be factored into the assessment to raise the value of the homes.
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Commissioner Hoppock stated he bought his first house in 1980 and specials were being
8 used even at that time and seemed to have worked for our community since then. He added
that these other issues that have been brought up can be looked at in the future, but as for
today, there is a shortage of inventory of lots waiting to be built on and expressed the need to
have lots available for individuals to move into our community.
Commissioner Hodges thanked Mr. Welsh for serving as spokesman for the issue and being
a good community partner as the commission works through some of these issues.
19-0311 Moved by Commissioner Hay, seconded by Commissioner Hoppock, to adopt Resolution No. 19-
7750 providing for the advisability and authorization of a special improvement district for water,
sanitary sewer, street and drainage improvements in the Stone Lake Addition Phase 2 and
authorize city staff to accept bids for the improvements. Aye: (4). Nay: (1) Hodges. Motion
carried.
(7.3) Resolution No. 19-7751 providing for the advisability and authorization of a special
improvement district for water, sanitary sewer, street and drainage improvements
in Stone Lake Addition Phase 3a and authorizing the Mayor to execute an
Improvement District Development Agreement between the City of Salina and
Stone Lake Development, LLC.
Dan Stack,City Engineer, explained the district, improvements and agreement.
Commissioner Hoppock asked what the price range was for homes they were intending to
develop in this phase. Kelly Dunn, Salina, stated their price range was between S180,000 and
S250,000. He added that these would be smaller houses no larger than 1,200 square feet
compared to the 1,600 square feet and up for Mr. Welsh's properties.
Commissioner Hoppock asked if they would have a combination of basement and slab
options. Mr. Dunn stated they could choose either or.
Jon Blanchard, 250 South Ninth Street, stated it was irresponsible to add a tax burden to
taxpayers. He then asked if it was in the packet that you can't have outstanding property tax
in Saline County. Mr. Schrage stated that it was part of the policy, but it's not in the packet.
He then added that it would fall on the petitioners.
Mr. Blanchard stated that the assessor places assessed value on the land and improvements if
there is a house on it. He then went on to explain how infrastructures affect the assessments.
He concluded by requesting the commission add that provision to the special assessment
policy to allow them to start collecting on them as soon as possible.
19-0312 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Resolution No. 19-
7751 providing for the advisability and authorization of a special improvement district for water,
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sanitary sewer, street and drainage improvements in Stone Lake Addition Phase 3a and
authorizing the Mayor to execute an Improvement District Development Agreement between the
City of Salina and Stone Lake Development, LLC. Aye: (4). Nay: (1) Hodges. Motion carried.
The City Commission recessed at 6:14 p.m. for a 6-minute break. The meeting resumed at 6:20 p.m.
Mayor Davis stated that very few policies are perfect when created. He added that this one
for special assessments will need to be tweaked over the years in order to improve it.
DEVELOPMENT BUSINESS
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(81) Amended Application #Z19-5A, (filed by the Salina City Planning Commission),
requesting amendment of Sections 42-503(1) and 42-504 of Salina's Sign Regulations
to clarify what types of signs are and are not allowed in the public right-of-way.
(8.1a) First reading Ordinance No. 19-11020.
Dean Andrew, Director of Planning, explained the text amendments and action options.
Commissioner Hoppock asked for clarification on advertisement locations. Mr. Andrew
stated that the frame would be considered the shelter and other improvements to the bus
stops in the future might create 3-sided shelters. He added that the idea was to have it open
so advertisement could be placed on benches or shelters depending on the design at a
location.
Commissioner Hoppock asked if every bench faced the street. Mr. Andrew stated that they
did for the most part. Commissioner Hoppock stated he objected to having advertisement
on benches in residential areas. Mr. Andrew stated that other types of advertisements were
currently not allowed in residential areas and they were trying to preserve those areas to
keep them looking residential.
Commissioner Hay asked if there were restrictions on what can be advertised. Mr. Andrew
directed the commission to their packet which has the guidelines for the messaging that is
allowed on the signs and added that they are reviewed by OCCK. Greg Bengtson, City
Attorney, added that the criteria needs to be cleaned up and stated there was a need to
include an appeal process to give citizens that opportunity should it arise.
A conversation ensued between Mayor Davis, Mr. Andrew and Mr. Schrage regarding the
placement of signs in someone's yard and the regulation of content on advertisements.
Mr. Andrew then clarified the distinction between non-commercial and commercial speech
within residential-areas.
A conversation ensued between Mayor Davis and Mr. Schrage over possible scenarios
where this issue with advertisements might be a problem or a conflict.
Mr. Schrage stated that there are several bus stops, but only two currently have advertising
on them.
Commissioner Hay asked if signs for contractors were not allowed. Mr. Schrage stated that
was correct.
A conversation ensued between Commissioner Hoppock and Mr. Andrew on examples of
residential areas where advertisements would not be allowed.
Commissioner Hodges asked if there were any conversations of linking the classification of
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the street to whether advertising is allowed or not. Mr. Andrew stated that was an alternate
way of looking at it, but it had not been investigated due to their primary concern being to
identify how many bus stops there were and the locations of them in terms of adjacent
properties. He then added that it was a policy decision for the commission to decide how
they want to approach the issue.
Commissioner Hoppock stated that putting advertisement on the benches as opposed to
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the shelter would be less intrusive and oriented to the street.
Commissioner Hay asked if there was a loophole with the real estate signs. Lauren Driscoll,
Director of Community and Development Services, stated that most real estate signs were
temporary and the benches they were referring to in the right-of-way were more
permanent.
A conversation ensued between Commissioner Hodges and Mr. Schrage regarding the
placement of real estate signs.
Mr. Andrew explained the need for them to add wording in the code regarding the
benches.
Commissioner Hoppock asked representatives from OCCK what the financial impact this
program has on them.
Michelle Griffin, Transportation Director for OCCK, stated that this request regarding
advertisement on benches was requested by the city commission in August of 2014 to help
supplement their budget. She explained the background on the agreement, the current
request and listed how many stops they currently have including which of those have
advertisements and which ones are residential. She concluded by giving their
recommendations moving fonvard.
Commissioner Hoppock asked if they had met with the Planning Commission. Ms. Griffin
stated they met with them on September 17, 2019 but it was last minute.
Ms. Driscoll clarified the reason for this issue being brought to commission was because of
the request from people wanting to advertise. She added that when they investigated it,
they found they had to create a change in the code in order to set up guidelines for these
requests. She concluded by saying there was no intent in leaving OCCK out of
conversations.
Commissioner Hay asked if there was a resolution. Mr. Schrage stated that the resolution
predates the code section, but there will be an opportunity to bring it all together in the
future.
A conversation ensued between Commissioner Hay, Mr. Schrage and Ms. Driscoll
regarding the code and the purpose of the resolution.
Commissioner Ryan recommended that they send the item back to the Planning
Commission so they can get the necessary input from OCCK.
Commissioner Hodges asked how much revenue was generated from the advertisement.
Ms. Griffin stated it wasn't much and amounted to about$400 per year for each contract.
Commissioner Hoppock asked if the advertisements were inspected. Ms. Griffin stated yes,
staff conducts inspections on them regularly.
Commissioner Hoppock asked how many advertisements were out there right now. Ms.
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Griffin stated that there were 15,but four (4) of those were their own.
Commissioner Hodges stated that bench advertisements were very different from the
framed advertisements and didn't see a problem using bench advertisements in residential
areas. She added that she wouldn't want to see very large-scale advertisements in a
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residential area.
u Jon Blanchard, 250 South Ninth Street, concurred that it was the recommendation of the
city commission to put this into place and that their main concern was the standards be put
into place. He continued to state his concern with the content on the advertisements within
residential areas. He concluded by saying that OCCK did a great job with keeping a tasteful
approach to advertisements placed on the bus stops and recommended they move forward
with approving.
Commissioner Hoppock asked when the Planning Commission met again. Mr. Andrew
stated their next scheduled meeting is Tuesday, November 5, 2019.
Commissioner Hay stated he didn't see a problem with signs on the front of the bus stops.
Commissioner Hoppock stated he respected the Planning Commission's decision and said
he didn't have a problem with it if it's on a bench that faces the street. He added that he
would still like to see OCCK have conversations with the Planning Commission.
A conversation ensued between the commission on the proposed action options.
19-0313 Moved by Commissioner Hoppock, seconded by Hodges, to send the item back to the Planning
Commission and direct them to take into consideration the comments made by the commission
and work with staff on changes to the proposed code amendment.
Greg provided a clarification on the motion.
Commissioner Hodges asked if there was something specified in the ordinance or
operating agreement with OCCK in terms of making it specific on restrictions.
Ms. Driscoll clarified the request and the type of apparatus placed on the bench in the code.
She then added that their agreement would reflect that. Mr. Bengtson stated yes, that's
correct.
Mayor Davis asked if this was referring to the benches placed in the right-of-way. Ms.
Driscoll explained what the guidelines would prevent and help.
Ms. Griffin asked if postponing this item and sending it back to the Planning Commission
would put a hold on their funding contract.
Mayor Davis asked if the commissioners were in agreement to send it back to the Planning
Commission.
A conversation ensued between Ms. Driscoll, Ms. Griffin and Mr. Schrage regarding the
location of advertisements, the amount of bus stops that would have them and whether or
not they would be allowed in residential areas.
A conversation ensued between Commissioner Hoppock and Mr. Schrage regarding the
funding request.
Ms. Driscoll stated that option 3 would be the best option. Mr. Schrage added that this was
an ordinance and there would be a second reading, so any corrections to the wording can
be made before second reading at the next meeting.
Page 10
Clare Mullen, Mobility Manager for OCCK, explained the reason for wanting to advertise
on the benches.
Commissioner Hoppock stated he did not like the idea of advertisements being placed on
the shelter itself. Commissioner Hodges concurred and added that eventually vinyl wraps
could end up covering the entire glass shelter.
a
W Mr. Andrew rephrased what the purpose of the text amendment was and explained his
y concern with the ordinance.
A conversation ensued between Commissioner Ryan and Mr. Andrew regarding what is
8 needed in order to make changes to the ordinance.
Mayor Davis restated the motion. Aye: (3). Nay: (2) Davis, Hay. Motion carried.
OTHER BUSINESS
Commissioner Hay apologized to participants and citizens that were in attendance at the
softball tournaments at Bill Burke Park. He explained that he had received several
complaints via email regarding the restrooms and the lack of care for them. He concluded by
stating that many teams pay good money to come to town to use our facilities and there is a
need to care for those.
Mike Schrage, City Manager, stated he had a conversation regarding this prior to the
meeting starting, but hadn't had the opportunity to investigate the reason for the lack of
upkeep of the facilities. He added he would investigate it further and get it taken care of.
Mayor Davis stated there is action that can be taken to minimize the damage being done to
our environment regarding the plastic bag issue. He then asked what the process is to have
the Solid Waste Management Committee (SWMC) get the conversation going.
A conversation ensued between Mayor Davis and Mr. Schrage regarding the request and the
next steps.
Mr. Schrage gave a brief background of the purpose of the SWMC and their role in the issue.
He then stated he could bring the issue up as a staff report for a future commission meeting
and action can then be taken at that time.
Mayor Davis asked if it could be put on next week's agenda in the form of a conversation
item.
Jim Kowach, Director of Public Works, stated that it would be relatively easy to look into
further due to the issue having been discussed in the past.
Commissioner Hodges stated this was similar to the Centennial Park topic and the process
taken to get that done and added she is open to having this conversation on plastic bags as
well.
Mr. Bengtson, City Attorney, clarified there would need to be a vote to add this to the
agenda for next week's meeting.
I19-0314 Moved by Mayor Davis, seconded by Commissioner Hay, to add the discussion on a policy
relating to plastic bags to next week's agenda (October 28, 2019). Aye: (5). Nay: (0). Motion
carried.
Page 11
(9.1) Request for executive session(legal).
I move the city commission recess into executive session for minutes to discuss with legal
counsel the subject of the status of the KDHE-issued Consent Agreement and Final Order
_ (CAFO) pending mediation in the Schilling Environmental Matter 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. 75-7319(b)(2). The open meeting will resume
y in this room at p.m.
19-035 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive
5 session for 20 minutes to discuss with legal counsel the subject of the status of the KDHE-issued
Consent Agreement and Final Order (CAFO) pending mediation in the Schilling Environmental
Matter 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. 75-7319(b)(2),. The open
meeting will resume in this room at 7:44 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 7:24 p.m. and reconvened at 7:44
p.m. No action was taken.
Also present in executive session: Mike Schrage, City Manager; and Jacob Wood, Deputy
City Manager.
Mike Schrage,City Manager, explained the background, request and action options.
I19-0316 Moved by Commissioner Hodges, seconded by Commissioner Hoppock - concur with the request
of the Salina public entities that the KDHE agree to amend its Consent Agreement and Final Order
(CAFO) pending mediation with the United States and dissent to foregoing quarterly reporting
requirements and holding KDHE oversight costs in abeyance until an amendment of the CAFO is
negotiated and entered. Aye: (5). Nay: (0). Motion carried.
ADJOURNMENT
19-0317 Moved by Commissioner Hay, 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 7:46 p.m.
/,C</-)A5/1")e)19—v-tO Aal
[SEAL] Trent W. Davis, M.D., Mayor
ATTEST:
Shandi Wicks, CMC,City Clerk
I
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