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10-05-2020 Minutes } } CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 5,2020 4:00 p.m. The City Commission convened at 2:30 p.m. for Salina Field House Qualified Active Low-Income Community Business, Inc. (QALICB) Annual Board Meeting; at 2:45 p.m. for Salina Field House 77, Lender, Inc. Annual Board Meeting; and at 3:00 p.m. for Tobacco 21 Coalition Presentation at City- County Building, Room 107. 79, Mayor Hoppock asked the Clerk for verification that notice had been sent for today's City Commission meeting. The Clerk replied yes. 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 Michael L. Hoppock (presiding), Commissioners Rod Franz, Melissa Rose Hodges, and Karl Ryan. Also present: Michael Schrage, City Manager;Jacob Wood, Deputy City Manager; Greg Bengtson, City Attorney;and Shandi Wicks,City Clerk. Absent: Commissioner Trent W. Davis,M.D. AWARDS AND PROCLAMATIONS (3.1) The week of October 4-10, 2020 as "Fire Prevention Week" in the city of Salina. Troy Long, Fire Marshal,read the proclamation and announced associated events. (3.2) The week of October 18-24, 2020 as "Friends of the Library Week" in the city of Salina. Greta Kontas, Friends of the Salina Public Library Vice-President, read the proclamation and announced associated events. (3.3) The month of October, 2020 as "United Way Month" in the city of Salina. Claire Mullen, Salina Area United Way Executive Director, read the proclamation and announced associated events. CITIZENS FORUM Joan Ratzlaff, Salina, provided information on Judy Larson, in her memory and in her honor. She continued to read comments from various citizens on Ms. Larson. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of September 28,2020. (6.2) Approve Resolution No. 20-7884 appointing John Olson as a member of the Board of Zoning Appeals and Daniel Baffa as a member of the Heritage Commission. (6.3) Approve Resolution No. 20-7883 setting November 23, 2020 as the public hearing date for the dangerous structure located at 120 S. Penn Ave. Page 1 20-0327 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 20-11043 authorizing and providing for a countywide public safety communications system and authorizing the issuance of Temporary Notes and/or General Obligation Bonds of the City in an amount of $3,000,000 to pay the costs thereof. Mayor Hoppock noted that Ordinance No. 20-11043 was passed on first reading on September 28, 2020 and since that time no comments have been received. 20-0328 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to adopt Ordinance No. 20- 11043 authorizing and providing for a countywide public safety communications system and authorizing the issuance of Temporary Notes and/or General Obligation Bonds of the City in an amount of$3,000,000 to pay the costs thereof on second reading. A roll call vote was taken. Aye: (4) Franz,Hodges,Ryan,Hoppock. Nay: (0). Motion carried. (7.2) Second reading Ordinance No. 20-11039 amending Chapter 25, Article I of the City of Salina Code by adopting the 2020 Uniform Public Offense Code for Kansas Cities published by the League of Kansas Municipalities;repeal existing section 25-1. Mayor Hoppock noted that Ordinance No. 20-11039 was passed on first reading on September 28, 1111 2020 and since that time no comments have been received. Michael Schrage,City Manager,stated the effective date was amended to October 15,2020 to allow staff to prepare the books for police officers use. 20-0329 Moved by Commissioner Franz, seconded by Commissioner Hodges, to adopt Ordinance No. 20- 11039 amending Chapter 25, Article I of the City of Salina Code by adopting the 2020 Uniform Public Offense Code for Kansas Cities published by the League of Kansas Municipalities; repeal existing section 25-1 on second reading. A roll call vote was taken. Aye: (4) Franz,Hodges, Ryan, Hoppock. Nay: (0). Motion carried. (7.3) Second reading Ordinance No. 20-11040 amending Chapter 38, Article I of the City of Salina Code by adopting the 2020 Standard Traffic Ordinance for Kansas Cities published by the League of Kansas Municipalities. Mayor Hoppock noted that Ordinance No. 20-11040 was passed on first reading on September 28, 2020 and since that time no comments have been received. Michael Schrage,City Manager,stated the effective date was amended to October 15,2020 to allow staff to prepare the books for police officers use. 20-0330 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to adopt Ordinance No. 20- 11040 amending Chapter 38, Article I of the City of Salina Code by adopting the 2020 Standard Traffic Ordinance for Kansas Cities published by the League of Kansas Municipalities on second reading. A roll call vote was taken. Aye: (4) Franz, Hodges, Ryan, Hoppock. Nay: (0). Motion carried. Page 2 (7.4) Resolution No. 20-7885 authorizing the City Manager to provide additional leave to recognize essential employees working through the stay-at-home order and not on a shared work plan or furlough. Natalie Fischer, Director of Human Resources, explained the request, guidelines, fiscal impact and action options. Commissioner Franz asked if the employees that met the 66% threshold did not receive the federal pay or shared work. Ms. Fischer stated she started with the list of employees that were not on the shared work plan and work towards compiling the list of eligible employees from there. Commissioner Franz asked if it was totally up to the employee to decide if they would like to take the leave or to sell back the leave. Ms. Fischer stated yes, it was up to the employee to make that decision. Commissioner Franz asked if staff had a feel for how many employees might be asking for a buyback as opposed to leave time. He continued to state the buyback would affect the overtime calculation. Ms. Fischer stated she would think probably over half of the employees but she just did not know without surveying the employees. 20-0331 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to adopt Resolution No. 20- 7885 authorizing the City Manager to provide additional leave to recognize essential employees working through the stay-at-home order and not on a shared work plan or furlough. Aye: (4). Nay: (0). Motion carried. (7.5) Resolution No. 20-7886 adopting the position description and salary schedule for City Employees created pursuant to Section 2-51 of the Salina Code and repealing Resolution No. 19-7726. Natalie Fischer, Director of Human Resources, explained the amendments, fiscal impact and action options. Mayor Hoppock stated he thought there was going to be additional pressure put on the City as an employer to increase wages. He continued to state he thought the City was considerably lower than the national average and there were a lot of employers looking for employees and if the City was going to continue to keep qualified employees, he thought this was probably something the City was going to have to do. Norman Mannel, Salina, provided information on the most deadliest jobs and the compensation levels of those employees. 20-0332 Moved by Commissioner Ryan, seconded by Commissioner Franz, to adopt Resolution No. 20- 7886 adopting the position description and salary schedule for City Employees created pursuant to Section 2-51 of the Salina Code and repealing Resolution No. 19-7726. Aye: (4). Nay: (0). Motion carried. (7.6) August 31,2020 Financial Update Debbie Pack, Director of Finance and Administration, explained the August 31, 2020 financial update. _. A conversation ensued between the City Commission, Ms. Pack and Michael Schrage regarding the financial update. Page 3 Commissioner Franz asked if EMS calls were down. Mr. Schrage stated the discretionary calls had decreased and transfers to other hospitals had decreased. Ms. Pack continued to explain the financial update. Mr. Schrage stated the decrease in Municipal Court may have been from the court being closed and with the court reopening they were trying to catch back up. Ms. Pack stated the police officers were not ticketing at the normal leave due to COVID. Ms. Pack continued to provide information on the August 31st financial update versus April 13th study session financial update. Mr. Schrage provided additional information on the comparison. Ms. Pack continued to provide information on the unemployment rate, COVID-19 and the uncertain future. Mr. Schrage provided additional information on the general fund reserve balance and the position of the City's finances. Commissioner Ryan asked when the franchise money would be received and the amount. Ms. Pack stated there would be two (2) payments received in September totaling$380,000. Commissioner Franz provided his thoughts on the payment from the electric franchise. Commissioner Hodges asked when the next transient guest tax payment would be. Ms. Pack stated in October and it would be the last payment for 2020. A conversation ensued between the City Commission, Ms. Pack and Mr. Schrage regarding transient guest tax and franchise fee revenue. Mayor Hoppock asked when the property tax distribution would take place. Ms. Pack stated the first half payments would be distributed in June and second half payments would be distributed in January. (7.7) Downtown Sidewalk Dining Licenses and Regulations. (7.7a) Resolution No. 20-7879 authorizing the Mayor to execute an amended and restated Sidewalk Café License Agreement with PB&J Restaurants,Inc. (7.7b) Resolution No. 20-7878 amending and replacing in full the City of Salina Administrative Regulations pertaining to both placement of signs, outdoor furniture, flower pots, planters and bicycle racks and to sidewalk dining in the C-4 Business District;and repealing Resolution No. 14-7111. Lauren Driscoll, Director of Community & Development Services, explained the administrative regulations amendments, amended license agreement with PB & J Restaurants, Inc.,and action options. Michael Schrage,City Manager,provided additional information on the dimensional issues discovered in the sidewalk café for Ya-Ya's Euro Bistro, the violations, the additional locations with violations, the City Manager's authorization to promulgate the regulations administratively and the formal need for City Commission action. Commissioner Hodges would request an executive session. 20-0333 Moved by Commissioner Hodges, seconded by Mayor Hoppock, to recess into executive session for 10 minutes to discuss a specific 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 Page 4 participating members of the executive session be limited to the Governing Body. The open meeting will resume in this room at 5:54 p.m. Aye: (1). Nay: (3) Hoppock, Ryan, Franz. Motion failed. Commissioner Ryan asked if the Business Improvement District and the owner was in favor of the amendment and if staff could keep up with additional steps. Ms. Driscoll stated she felt the added steps were better to add now and remove them later if it was determined they were no longer needed. She continued to state that staff wanted to make sure the agreements were done correctly. Commissioner Ryan stated he would like these to be handled as administratively as possible. Mayor Hoppock asked how Old Chicago's outdoor dining would be in violation. Mr. Schrage stated the measurements in Table 2 of the staff report was for the proposed installation that had not been installed. Ms. Driscoll stated if the sidewalk dining area would be extended again and the 5 foot 8 inches that was shown in the staff report was based on their proposed installation. Commissioner Franz stated that Resolution No. 20-7878 replaced the regulations but realistically the change that was made was from 6 feet to 5 feet and Section No. 35-270 promulgated the City Manager to administer the regulations and appreciated the City Manager for recognizing the change to the resolution would be outside of the City Manager's administrative regulation. A conversation ensued between the City Commission, Ms. Driscoll and Mr. Schrage regarding variations in the measurements, the ADA requirements, how pinch points were calculated and the size of the light poles. Commissioner Hodges acknowledged the concern when Starbucks was brought to the City Commission and she raised this concern with Ya-Ya s. She continued by asking how we got to this point. Mr. Schrage stated he asked the same question ad stated staff went out in the field to look at the location but the light poles were not physically installed. He continued to state an over sight on the part of staff to integrate other plans to incorporate the flower beds and light pole locations. Mayor Hoppock asked if the plans submitted to the Design Review Board and the City Commission did not have the light poles on them. Ms. Driscoll stated the light poles were not on the plans. Commissioner Hodges asked if anyone required to sign off on the plans either by the applicant or on behalf of staff. Ms. Driscoll stated she would have to see if an architect or engineer had to submit the plan. She continued to state site plans would be signed by the architect or engineer to say it was an accurate picture of the layout. Mr. Schrage provided additional information on the plans submitted, the measurements of the sidewalk cafe dining areas and staff catching a discrepancy in one (1) of the applications. Ms. Driscoll provided information on the new processes for processing the applications. Commissioner Hodges asked where continuous process improvement(CPI) came in on the process and asked if CPI had reviewed the process to consider if changes were needed. Mr. Schrage stated a CPI team had not been developed to catch the error. Page 5 Commissioner Hodges continued to provide her thoughts on the process and the amount of time spent on the new processes. Mr. Schrage stated the site visit did not involve the applicant. Ms. Driscoll stated the notice and review process were internal steps. Mr. Schrage reviewed the additional steps and the intention of the steps. N Commissioner Ryan asked if it would have been caught through a site visit. Mr. Schrage Z w stated the poles were not in the ground when the site visit occurred. w A conversation ensued between the City Commission, Ms. Driscoll and Mr. Schrage regarding the new revised process,the approval process and the standard sidewalk width. Commissioner Hodges asked if there was a booklet or a pamphlet available to citizens and business owners listing what was allowed downtown. Ms. Driscoll stated there was a brochure for the temporary fixtures downtown and staff worked with Salina Downtown, Inc. to have the applications and information available but several of those need to be re- worked to develop better information. Commissioner Hodges asked if a variance could be done for this item now and if staff could focus on the Downtown Arts and Entertainment ordinance to bring it before the City Commission. Mayor Hoppock asked if the new Downtown Arts and Entertainment ordinance would cover the information in Resolution No. 14-7111 and the ordinance. Ms. Driscoll stated yes, but staff would need additional time to complete the Downtown Arts and Entertainment ordinance. Commissioner Hodges asked if there was an appetite for notifying the applicant if there were variations in the site plan. Mr. Schrage stated yes there was an appetite for it but there would be a need to catch it. Ms. Driscoll stated that some incidents occurred when different materials were delivered for installation that what was included on the application submitted. Commissioner Hodges provided her thoughts on the need to run the process through CPI and asked if there was a single staff person that would be receiving the applications for sidewalk café dining to eliminate human error. Ms. Driscoll stated by incorporating the process into LAMA and assigning the application to a specific staff person or persons. Commissioner Hodges provided her thoughts on the need a designated staff person to take responsibility in reviewing the applications. Mr. Schrage explained the process for processing building permits and the revised process staff had developed. Commissioner Franz asked if other license agreements and license processed were in LAMA. Mr. Schrage stated he did not know if license agreements were in LAMA. Ms. Driscoll explained the process utilizing LAMA. Ken Reitz, Salina, asked if staff had considered looking at the plaza in Kansas City. Ms. Driscoll stated Lawrence and Colorado were comparable to the downtown area in Salina. Mr. Reitz stated bicyclist riding their bikes on the sidewalk downtown needed to be looked at. He continued to state he knew if two (2) individuals that were hurt when they exited a business and bicyclist was riding on the sidewalk. 20-0334 Moved by Commissioner Ryan, seconded by Commissioner Franz, to adopt Resolution No. 20- 7878 amending and replacing in full the City of Salina Administrative Regulations pertaining to both placement of signs, outdoor furniture,flower pots,planters and bicycle racks and to sidewalk dining in the C-4 Business District;and repealing Resolution No. 14-7111. Page 6 1 Commissioner Hodges stated she was voting in favor of this item,however,she wanted her reservations on the record that this was a process issue and that it was not something more than a process issue so hopefully this would be taken care of but she was skeptical and hoped she would be proved wrong. Mayor Hoppock called the question: Aye: (4). Nay: (0). Motion carried. 20-0315 Moved by Commissioner Ryan, seconded by Mayor Hoppock, to adopt Resolution No. 20-7879 authorizing the Mayor to execute an amended and restated Sidewalk Café License Agreement with PB&J Restaurants,Inc. Commissioner Franz stated he had some reservations about creating an exception that was close to the ADA requirement and he would rather see the light pole move than an exception granted for this case. Mayor Hoppock called the question: Aye: (2). Nay: (2) Franz,Hodges. Motion failed. 20-0336 Moved by Commissioner Franz, seconded by Commissioner Hoppock, for movement of the light pole to provide for sufficient 5 foot clearance in front of Ya-Ya's. Aye: (2). Nay: (2) Ryan, Hoppock. Motion failed. 20-0337 Moved by Commissioner Hodges, seconded by Mayor Hoppock, to reconsider Resolution No. 20- 7879 at the October 12,2020 City Commission meeting. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Commissioner Hodges asked for an update on the water pooling, light bollards and the overhead structures downtown. Michael Schrage, City Manager, stated staff could make a report next week on the punch list items and the status of each item. Commissioner Franz asked if a conversation could happen regarding the community engagement coordinator position and the City's website before the position was re-filled. Michael Schrage, City Manager, stated he purposely had not published the position for a need to review the position description. Mayor Hoppock stated the contract with Access Television may need to be reviewed as well. A conversation ensued between the City Commission and Mr. Schrage regarding staffing and the contract with Access Television. (9.1) Request for executive session(legal). I move the city commission recess into executive session for _ minutes to discuss the subject of legal considerations relating to negotiations with the Saline County Fair Association relating to the potential leasing of the Kenwood Park Arena and Arena Staging Areas with legal counsel based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney- client relationship pursuant to K.S.A. 75-7319(b)(2). The open meeting will resume in this room at p.m. Page 7 20-0338 Moved by Commissioner Hodges, seconded by Commissioner Franz, to recess into executive session for 30 minutes to discuss the subject of legal considerations relating to negotiations with the Saline County Fair Association relating to the potential leasing of the Kenwood Park Arena and Arena Staging Areas with legal counsel based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship pursuant to 2 K.S.A. 75-7319(b)(2). The open meeting will resume in this room at 7:22 p.m. Aye: (4). Nay: (0). Motion carried. The City Commission recessed for a 5 minutes break at 6:48 p.m. and went into executive session at 6:53 p.m. and reconvened at 7:22 p.m. No action was taken. U Also present in executive session: Michael Schrage,City Manager;and Jacob Wood,Deputy City Manager;Greg Bengtson,City Attorney. (9.1a) Possible action to follow. Michael Schrage,City Manager,stated no action was expected. ADJOURNMENT 20-0339 Moved by Commissioner Ryan, seconded by Commissioner Hodges, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 7:22 p.m. [SEAL] Michael L. Hoppo ayor ATTEST: ( •/ Cheryl /rmis, P eputy City Clerk Page 8