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10-26-2020 Minutes CITY OF SALINA,KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 26,2020 4:00 p.m. Z a im The City Commission convened at 2:30 p.m. for City of Salina Health Insurance Fund and Plan Review at City-County Building,Room 107. Mayor Hoppock asked the Clerk for verification that notice had been sent for today's City 8 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 Trent W. Davis,M.D.,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. AWARDS AND PROCLAMATIONS (3.1) The day of November 1, 2020 as "Extra Mile Day" in the city of Salina. Brenda Gutierrez, Program Director at Salina Area United Way, read the proclamation and announced associated events. CITIZENS FORUM None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the regular meeting minutes of October 19,2020. (6.2) Approve the special meeting minutes of October 20,2020. (6.3) Approve Resolution No. 20-7890 authorizing the City Manager to permit the Salina VFW Post#1432 Auxiliary volunteers to solicit within the City's rights-of-way. (6.4) Approve Resolution No. 20-7882 appointing members to various boards and commissions. 20-0353 Moved by Commissioner Hodges, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Resolution No. 20-7893 authorizing the Mayor to execute a Former Schilling Air Force Base Site Environmental Project Management Agreement. Martha Tasker, Director of Utilities, explained the project, agreement, fiscal impact and Page 1 action options. Commissioner Franz asked where the $10 million dollar placeholder was in the City's budget. Michael Schrage, City Manager, stated the placeholder was part of the budget, it was part of the cash expenses in the capital improvement program as part of the rate study. He also stated it could be a bond issuance or use a portion of cash. Commissioner Franz asked if it was presumed to be debt financed. Mr. Schrage stated we had accumulated some cash balance so removal of this obligation would free up potential resources in that fund and may result in hanging the rate outlook or capital expenditures. Ms. Tasker stated the first 50 to 60% percent of the funds would be spent down within the money received from the United States. Mr. Schrage stated it would be easier to understand the costs and the monetary placeholder following the 3 year period. Mayor Hoppock asked for the timeframe on the Consent Decree to the United States Department of Justice (USDOJ). Mr. Schrage stated the decree had been submitted to the USDOJ and went through the approval process and now there was a brief that would need to be prepared by environmental legal counsel finalized and submitted to the judge. He continued to state the court would need to make a determination if a hearing would be necessary. He further stated it would take approximately 2 weeks from the receipt of filing to determine if we were proceeding with a hearing or not. Ms. Tasker stated the hope was for it to be finalized by the end of the year and the USDOJ had 90 days to forward the payment to the Salina Public Entities (SPE's). Mayor Hoppock stated we would then enter into a contract with the Dragan Corporation and they would oversee the day to day operations of the cleanup. Ms. Tasker stated the Dragun Corporation would oversee the design of the project but there would be a sub- contractor to oversee the day to day operations. Mayor Hoppock asked if the costs for those parties were considered in the total costs. Ms. Tasker stated yes. Mr. Schrage provided additional information on the design of the project and partnership with the Dragun Corporation. 20-0354 Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Resolution No. 20- 7893 authorizing the Mayor to execute a Former Schilling Air Force Base Site Environmental Project Management Agreement. Aye: (5). Nay: (0). Motion carried. (7.2) Resolution No. 20-7891 authorizing the placement of the 2019 People's Choice sculpture on public property. Jason Woolery, Visual Arts Coordinator, explained the sculpture tour, selection process, fiscal impact and action options. Commissioner Hodges asked how the on-going maintenance of the art piece would occur. Mr. Woolery stated the City's Arts and Humanities Department would perform the on- going maintenance of the art piece. 20-0355 Moved by Commissioner Davis, seconded by Commissioner Hodges, to adopt Resolution No. 20- 7891 authorizing the City Manager to execute an agreement for the placement of public art between the City of Salina and the Saline County-City Building Authority to allow for placement of the 2019 People's Choice sculpture on public property owned by the Saline County-City Building Authority. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS Page 2 (8.1) Consider request (from Brad and Krystle Blochlinger) to terminate the Protective Covenants in the Holiday Resort Addition, a residential subdivision located at the southwest corner of East Country Club and Holmes Road. (8.1a) Resolution No. 20-7894 addressing the request to terminate Protective Covenants applicable to the Holiday Resort Addition to the City of Salina, Kansas. Dean Andrew, Director of Planning, explained the creation of the addition and the covenants,the request,and action options. 0 Commissioner Ryan asked if there was a reason why the City Commission would not accept the rescissions. Greg Bengtson, City Attorney, stated he was unaware of any reason why the City Commission would not accept the rescissions. Commissioner Franz stated the requestor was one (1) signature short of allowing this to happen. Mr. Andrew stated the City Commission was not obligated to terminate the covenants. Commissioner Franz asked about the notarization of the signatures of the Berger's and asked if the withdrawal was valid or not valid. Mr. Bengtson stated the signature was not included in the math of the withdrawals. He continued to state the signatures of the Berger's were not included in the math that took the number from 13 to 11. He further stated it was correctable if the Berger's presented themselves before a notary public and 111 acknowledged that was their signature, a notary could notarize the recognition of the signature. A conversation ensued between the City Commission, Mr. Bengtson, Michael Schrage,City Manager, and Mr. Andrew regarding the signatures collected and notarized. Mr. Schrage provided additional information regarding the City Commission's role on the termination of the covenants. Commissioner Franz asked if the City Commission did not have an option to act on the item and asked for why the item was before the Governing Body. Mr. Bengtson stated there were two (2) reasons: (1) due to the City Commission wanting the item to return to them and two (2) he did not regard himself, in his advisory role, of being in a position to make a determination as a matter of fact of whether the City accepted the signature rescissions and felt it was a matter of Governing Body to review. Mr. Bengtson explained the components of the resolution. Commissioner Franz stated the statement as the City's legal counsels was that those rescissions were proper and the Governing Body had no grounds to say they were not going to accept them. Mr. Bengtson stated that was his view on the matter and part of that was given that the rescissions were delivered and provided in advance of your consideration of the matter. He also stated he was not aware of any law that dictated exactly where the line was but it seemed as though notification of a rescission prior to the Governing Body's consideration of the matter would be deemed timely. Mr. Andrew explained the Governing Body's role in the covenants. Commissioner Hodges asked if the Governing Body held the same role in other covenants within the City. Mr. Andrew stated this was the only covenants he was aware of that was handled this way. Page 3 Commissioner Hodges asked at what point the covenants would be made known. Mr. Andrew stated the realtor would be knowledgeable and disclose that information to the buyer. He continued to state every buyer received a title report that showed the findings 6 but was typically presenting at the time of closing. Mayor Hoppock stated the title company that performed the closing should have listed the covenants. Commissioner Franz noted the pictures submitted by the applicant on the violations within the neighborhood and asked if they were valid concerns and if those could be addressed. Mr. Schrage stated staff had a conversation about that and what enforcement looked like. " He continued to state the City's role was to protect the zoning of the properties. He further explained the role of the City upon his view and the role staff had been taking. A conversation ensued between the City Commission and Mr. Andrew regarding the approved four (4) car garage in 2007. Brad & Krystle Blochlinger, Salina, provided information regarding the signatures obtained, the signatures and notary of the Berger's, the permit request and the advisement of staff. He continued by asking when the second signature was withdrawn. He continued to ask if there was another option to allow him to build his garage. Mr. Schrage stated the withdrawn signatures were submitted on October 1, 2020 and October 7, 2020. Mayor Hoppock stated the applicant would need to get with staff on what other options were available. Commissioner Franz stated that the applicant was working towards amending the covenants instead of terminating the covenants but staff advised the applicant to go towards a termination. Commissioner Davis asked if the home owners association was still in place. Mr. Blochlinger stated there was a committee 25 years ago but the members were no longer owners in the addition. Commissioner Davis asked how to rectify the home owners association. Mr. Bengtson stated a Kansas Not-for-Profit Corporation would typically be created. Ken Kreier, Salina, addressed the question of the notary public and expressed his thoughts on the number of signatures required and why the request was before the City Commission. He provided information on the covenants and the request. Rick Nicholson, 143 S. Presley Drive, stated the request was next to his backyard, provided his thoughts on the request and asked for the covenants to remain in effect. Roger Newell, 102 S. Eastmoor Drive, explained the intent of the covenants, the extension of the covenants and the signatures obtained and notarized. Mr. Schrage stated there was not a functioning homeowners association, clarified Section 1 of the covenants and the enforcement of the covenants and with respect to the dates and signatures, staff was trying to facilitate the process. Mayor Hoppock stated the City Commission was looking at what was before them today and if we consent to accept the signatures that were withdrawn we do not have the twelve (12) signatures necessary. Commissioner Davis asked if the correct motion would be to adopt the resolution before us Page 4 today. Mr. Schrage stated yes. 20-0356 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt Resolution No. 20- 7894 addressing a request to terminate Protective Covenants applicable to the Holiday Resort Addition to the City of Salina, Kansas. Aye: (5). Nay: (0). Motion carried. z W OTHER BUSINESS 1 Commissioner Hodges thanked the fellow members of the Governing Body and to staff as well, to wearing of masks as we meet. She stated she had received a lot of emails for citizens that did not comply with the mask mandate and asked if there were other Governing Body members that " would like to modify the approach. Commissioner Franz mentioned that he was also receiving emails and asked if staff could report to the City Commission on what reports on violations were and the nature of enforcement was. A conversation ensued between the City Commission regarding the increase in cases, modified approach and social distancing. Commissioner Hodges stated she would like the topic revisited every couple weeks. Mayor Hoppock stated our Deputy City Manager had been handling the calls and emails. Jacob Wood, Deputy City Manager, stated the calls were slowing down and the City did write their first ticket last week. He continued to provide additional information on the calls and emails received. Commissioner Ryan asked if there was a way to put out the mask mandate information again. Commissioner Franz stated he spoke with staff last week regarding the requirement and the need to be nice the first time and step up enforcement from there. A conversation ensued between the City Commission, Mr. Wood and Mr. Schrage regarding the medical exemption. Mr. Schrage stated if the Governing Body would like staff to look at it further, staff could staff it through but would need direction from the Governing Body. Mayor Hoppock would like to keep things as they currently are. Commissioner Ryan agreed. Commissioner Franz stated he would like to see education increased. A conversation ensued between the City Commission regarding the increase in cases and education. Commissioner Davis stated education was necessary. Commissioner Franz asked if any guidance had been received for Halloween. Mr. Schrage stated staff had not received any guidance. Commissioner Davis asked when the police initiative would be discussed next. ADJOURNMENT 20-0357 Moved by Commissioner Ryan, 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 6:10 p.m. I [SEAL] Michael L. Hopp , ayor Page 5 ATTEST: Shandi Wicks, CMC, City Clerk Z w w c y V v 0 C O U Page 6