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10-04-2021 Minutes- - L "' "' CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 4, 2021 4:00 p.m. The City Commission convened at 2:30 p.m . in Room 107, City-County Building, for a study session which consisted of a pre sentation on large scale multi-family housing prospects. Vice Mayor Davis asked the Clerk for verification that notice had been sent for today 's City Commission meeting. The Clerk replied y es. The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m . in Room 107 , City- County Building. A roll call was taken followed by the Pledge of Allegiance and a moment of silence. Those present and comprising a quorum: Vice Mayor Trent W. Davis, M.D . (presiding), Michael L. Hoppock, Aaron Peck and Karl Ryan. Also present: Mike Schrage, City Manager, Jacob Wood, Deputy City Manager; Greg Bengtson , City Attorney; and JoVonna A . Rutherford , City Clerk. A WARDS AND PROCLAMATIONS (3 .1) Recognition of October 9, 2021 , as Soaring Above and Beyond Day in the city of Salina. Kathy McCandless read the proclamation and announced related activities. (3.2) Recognition of the week of October 3-9, 2021, as Fire Prevention Week in the city of Salina . Chief Kevin Royse read the proclamation and announced related activities . (3.3) Recognition of the month of October, 2021 , as Bullying Prevention Month in the city of Salina . Andrew Graber read the proclamation followed by a statement by local children . (3.4) Recognition of the month of October, 2021 , as Domestic Violence Awareness Month in the city of Salina. Abby Hunter read the proclamation and announced related activities. CITIZENS FORUM Cheri Harp, Salina, Kansas, posed the question of whether or not life was fair and surmised that nobody thought it was fair. Ms . Harp stated equity means everything is the same but continued to state nothing is the same as each human being is different. Ms . Harp stated human nature is to be kind to everyone and treat everyone the same but equity is not appropriate. Carol Reed , Salina, Kansas, stated she had obtained a copy of the agenda and packet and wanted to go through it. Ms. Reed pointed out that Evergreen Solutions in Tallahassee, Florida was recommended for evaluation of wages and she believed people in Salina could provide that information . Ms. Reed further stated she was not concerned with wages or cost; however, was concerned with the request for an internal gender and race equity assessment as it was a dividing strategy and it should not be allowed . Tonya Greer, Salina, Kansas , commented that the young man who talked about bullying did awesome . Ms. Greer commented further that pit bullying was not fair either and should be demolished as well as all lives matter. Ms . Greer closed with her thoughts about the BSL ban. Chad Farber, Salina, Kansas , inquired about the vaccination flyer that had been included with his City of Salina water bill and questioned why the city was pushing that propaganda. Mr. Farber al so mentioned reports of a school board candidate that had been bullied , explained that the city was very divided at this time, there was no need for any bullying of children or adults and hoped all involved in the process would respect each other. Page 1 .. .. z (l_ w "' .,; n; Ul ~ :Q 0 "' c: 0 2 l-01b3 21-0304 21-0305 Mark Labbes, Salina, Kansas, had his virtual hand raised to speak via Zoom; however, due to internet issues in the building, he was not able. It was confirmed that the meeting was still being broadcast on YouTube and once the internet issue was corrected, Mr. Labbes could speak . PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of September 27, 2021. Moved by Commissioner Ryan, seconded by Commissioner Hoppock, to approve the minutes of September 27, 2021. Aye: (4). Nay (0). Motion carried. ADMINISTRATION (7 .1) Second reading of Ordinance No. 21-11082, changing the zoning district classification of three (3) lots located on the east side of Airport Road north of Water Well Road from A-1 (Agricultural) to I-2 (Light Industrial). Vice Mayor Davis stated the ordinance was passed on first reading on September 27, 2021, and no comments have been received since that time. Mike Schrage, City Manager, indicated that it would be expected that public comment be allowed and, in order to receive said public comment, the meeting should recess until the internet problem had been resolved. The City Commission recessed at 4:30 p.m. for a 10 minute break. The meeting resumed at 4:40 p.m. Vice Mayor Davis continued with Item 7 .1 and inquired about staff comments. Mr. Schrage stated there was none. The Governing Body had no questions or comments and there was no public comment. Moved by Commissioner Hoppock, seconded by Commissioner Peck, to approve Ordinance No. 21-11082 on second reading. A roll call vote was taken. Aye: (4). Nay (0). Motion carried. (7 .2) Approve Resolution No . 21-7988 , appointing members to citizen boards, commissions and committees. Debbie Pack, Director of Finance and Administration, explained the request, fiscal impact and action options. Vice Mayor Davis announced the names of the individuals and the boards to which each were appointed. Norman Mannel, Salina, Kansas, asked how citizens are appointed to boards. Vice Mayor Davis explained the process and that each individual completes an expression of interest form. Moved by Commissioner Ryan, seconded by Commissioner Hoppock, to approve Resolution No. 21-7988 appointing members to citizen boards, commissions and committees. Aye: (4). Nay (0). Motion carried. Mike Schrage, City Manager, announced that Mr. Labbes was now in attendance in the audience. Vice Mayor Davis invited Mr. Lab bes to speak at the podium. Mark Labbes, Salina, Kansas, wanted to correct information regarding domestic violence and stated women are just as likely to commit domestic violence as men are which is a fact overlooked in society today. Mr. Labbes also stated he agreed with the gentleman that talked about bullying and the school board and shared his thoughts on prosecution of those individuals and the legal system. Mr. Labbes closed by sharing additional thoughts on citizen appointments to boards . Page 2 r .. ... "' "' z 0.. w "' .!: iii (/) ~ :g 0 "' c: 8 Commissioner Peck responded regarding citizen appointments to boards and commented that often times there were not enough volunteers to serve, it was hard to get people to participate and the appointments have nothing to do with the Governing Body trying to keep authority . Vice Mayor Davis offered that the Governing Body does not have direct oversight of what the commissions do ; and , in fact , find themselves at odds with what some commissions want to do. Vice Mayor Davis stated the appointments are made, the boards function independently and members get trained and educated so that meetings run orderly . Requests for fu1ther citizen comment led to Vice Mayor Davis stating no further comment would be taken from the public and explained there were somewhat rigid meeting rules to follow. (7.3) Approve Ordinance No. 21-11084 enacting of new City Code Section 7-56 .1 to supplement current Section 7-56 updating the regulation of animal feces to include the requirement of a feces capturing, diapering apparatus for owners and operators of horse drawn vehicles. Jeff Hammond, Deputy Parks and Recreation Director, explained the request, fiscal impact and action options. Commissioner Peck pointed out the ordinance would allow for donkeys to pull a carriage without having to capture feces . Mr. Hammond stated the ordinance included horses or mules to which Commissioner Peck reiterated not a donkey. Vice Mayor Davis inquired as to a reason the ordinance only applies to an animal pulling carriage s versus just walking down the street. Mike Schrage, City Manager, stated it was an ongoing frustration downtown and an individual horse could violate the ordinance. Mr. Schrage recognized a different approach relating it to a special event to try to accommodate the desire for a horse drawn carriage activity in the downtown area and stated they were trying to be proactive. Vice Mayor Davis inquired about the original section of the ordinance related to clean up remainin g in effect to which Mr. Schrage answered affirmatively. Autumn Clark, Salina, Kansas , provided her thoughts on the ordinance which included horses have dignity, it would be unaesthetic to see a horse with a diaper and that she would be more concerned about how the horse was treated. Vice Mayor Davis clarified that a diaper was not the only option for a capturing device. Kevin Brown, Abilene, Kansas, on behalf of Rocking B Carriage, owner of the horse carriage in question expressed appreciation to Mr. Hammond for reaching out to him on the topic. Mr. Brown noted the ordinance did not mention parades and that it was not safe to stop in the middle of Santa Fe and pick up droppings . Mr. Brown indicated he had tried to make everybody happy but was not certain a diaper would be a sufficient or fair thing. A discussion followed regarding the types of devices that are typically used and how they are us ed. Tonya Greer, Salina, Kansas , suggested the option of the owner periodically going back through the carriage route and cleaning up. Mark Labbes, Salina, Kansas , noted that business owners downtown , together with the city, could use the manure as free fertilizer instead of chemicals or put it in a 5-gallon bucket and use it or distribute it as compost. Mr. Labbes also noted it sounded like someone else wanted to have a carriage downtown. Norman Manne!, Salina, Kansas, inquired as to how animals are regulated in performing regular bodily functions as well as inquired about an exemption for agricultural or animal activity . Page 3 - L - L - "' "' z 0.. w "' .£; <ii (/) ~ :2 g c: 0 u 21-0306 Mark Lab bes , Salina, Kan sas , commented on the smell of the trash cans downtown being worse than horse manure. Vice Mayor Davis questioned the staff about whether the rodeo grounds , if they still existed , would have come under the ordinance as a recreational area to which Mr. Schrage confirmed the intention was parks and playgrounds. Bill Longbine, Salina, Kansas, commented that he liked to learn from what other people have done and mentioned horse drawn carriage rides in Charleston as well as Wichita and questioned how others are addressing the matter. Mr. Longbine acknowledged the business owners downtown might not want horse manure but there had to be some other answer as Mr. Brown is providing a service/attraction downtown that people enjoy . Mr. Longbine obtained confirmation from Mr. Schrage that the ordinance was not just for downtown but included any horse drawn vehicles on a public right-of-way. A discussion took place regarding the existing ordinance and the ordinance currently being considered as it related to private property . Autumn Clark, Salina, Kansas , suggested the Amish be asked how they handle horse drawn carriages. Kevin Brown, Abilene, Kansas inquired about the effect of the ordinance on current contracts to which Commissioner Hoppock stated that was a whole different discussion . Commissioner Peck asked Mr. Brown to come back up to the podium. A discussion followed which included types of apparatus, effectiveness, heat concern, current code requirements, due diligence , safety, common sense, expectations and clean up past and present. Following a slight disruption of the meeting by Mr. Labbes, who was subsequently removed from the meeting, Vice Mayor Davis confirmed he had closed public comment prior to Commissioner Peck requesting Mr. Brown to come back up to the podium for a question . Mr. Schrage invited Mr. Labbes back into the meeting for an explanation of events. Commissioner Peck clarified the process of and appropriate time for public comment. Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to approve, on first reading, Ordinance No . 21-11084 adding Section 7-56.1 to the City Code. Aye: (4). Nay (0). Motion carried. (7.4) Authorize City Manager to enter into an agreement for a comprehensive pay plan and classification system study with Evergreen Solutions, LLC. Natalie Fischer, Director of Human Resources , explained the request, fiscal impact and action options via telephone . A discussion followed regarding the potential race assessment, inequities , fairness issues , cost, due diligence, bias , gender income differences and potential employees. Cheri Harp, Salina, Kansas , commented on gender and job equity and self-evaluation . Ms. Harp stated the taxpayers did not need to spend that kind of money on a study that could be done by themselves. Ms. Harp shared further comments on equity, racial issues , discrimination , division and equality. Mark Labbes, Salina, Kansas , shared his thoughts on jobs, wages and gender comparison. Carol Reed, Salina, Kansas , provided her thoughts on equal opportunity, social justice, equity and diversity and stated the need to preach and teach love to our children. Rosemary Mai , Salina, Kansas , stated gender equity was getting out of hand . Ms . Mai further stated that she worked for a company with all males, with the same pay, and declared "if you do your job, your employer is going to accept you as how you did your job not because you are a woman or a man ." Page 4 ... .. - ... "' "' z 0.. w "' .s <ii (/) i :2 g c: 8 21-0307 21-0308 Chad Farber, Salina, Kansas, inquired if Mike Schrage, City Manager, having had suggested the gender and race bias study, had seen any deficits that caused him to encourage the study and if there was a hiring disparity. Mr. Schrage replied there was not enough information to make an informed decision and he was looking for an objective assessment. Mr. Schrage further replied regarding hiring disparity that it was more based on competitive wage and retention of good employees. Mr. Farber further inquired if any complaints had been received. Mr. Schrage indicated a lack of complaints is not proof there is not a problem. Mr. Schrage explained there was an exit interview process but it was at the discretion of the employee as to what was disclosed . Vice Mayor Davis shared his thoughts on lack of equitable representation in city government and schools , history of country and equal opportunity. Ms. Fischer recalled no specific complaints being received related to gender or race. Ms . Fischer noted employees have been lost due to higher wages and stronger benefits and she has had requests for reclassification to a higher pay grade . Ms . Fischer explained affirmative action , voluntary disclosure of race or gender, and the effectiveness in providing equal opportunity. Jessica Hinton, Salina, Kansas, stated she is a veteran and the only female aircraft electrician in the shop and inquired about internal evaluations, i .e . peer evaluations, evaluations by superiors , reaching out to public, open door policies, equal opportunity representatives and sexual harassment representatives. Ms. Hinton further inquired about educational opportunities and suggested there may be too many requirements for positions . Marie Scholastico, Salina, Kansas , stated this study was a want, not a need, and this would be a lot of money to spend right now when people are struggling with inflation. Bill Longbine , noted that with any employment there is always dissatisfaction, retention is important and the city employees do need to be paid well and taken care of. Norman Manne!, Salina, Kansas, provided his thoughts on racism in the community . Commissioner Hoppock indicated the study was a need to make sure our pay scale matches other communities for hiring and retention purposes and thanked Ms. Mai for her comments on equal pay and equal work. Vice Mayor Davis stated this was a chance for the Governing Body to be proactive and not creating division in community . Commissioner Ryan commented that people should be evaluated on individual merit. Moved by Commissioner Hoppock, seconded by Commissioner Peck, to authorize the City Manager to execute an agreement with Evergreen Solutions for a comprehensive pay plan and classification system study, along with an internal gender and race equity assessment, in the amount of $57,000. Aye: (4). Nay (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Approve Resolution No . 21-7992 appointing members of the Planning Commission to serve on the Board of Zoning Appeals and the Heritage Commission. Dean Andrew, Director of Planning, explained the request, fiscal impact and action options . Moved by Commissioner Ryan, seconded by Commissioner Hoppock, to approve Resolution No. 21-7992 appointing John Olson as a member of the Board of Zoning Appeals and Joshua Gilmore as a member of the Heritage Commission. Aye: (4). Nay (0). Motion carried. OTHER BUSINESS Vice Mayor Davis thanked the public for open and honest comments and opinions. Page 5 "' "' z 0.. w "' .<;; n; (/) i 11 g c: 8 21-0309 Vice Mayor Davis also voiced concerns of noise pollution , air pollution and connectivity related to the housing development located north of Menards. A discussion followed relating to health issues , vehicle access , sidewalks , overpass , children 's safety, noise, air quality and location. Cheri Harp, Salina, Kansas, inquired about staff recommendations on Item 7.4 and it was explained to her that the options noted on the blue sheet were simply recommendations or suggestions and not decided prior to the meeting. (9.1) I move the city commission recess into executive session for 45 minutes to discuss the subject of legal matters relating to the pending suit regarding the proposed initiative and referendum ordinance 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. 75-4319(b )(2). The open meeting will resume in this room at 6:50 p.m. Moved by Commissioner Ryan , seconded by Commissioner Hoppock, to recess into executive session for 45 minutes to discuss the subject of legal matters relating to the pending suit regarding the proposed initiative and referendum ordinance 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- 4319(b)(2). The open meeting will resume in this room at 7: 10 p.m . No vote was taken. The Governing Body was reminded that the County Planning Commission was scheduled in the meeting room at 7:00 p.m. A discussion followed as to how to proceed. Mike Schrage, City Manager, suggested the executive session be reduced to 20 minutes and reconvene in the current meeting room and the motion would be restated. 21-0310 Moved by Commissioner Ryan, seconded by Commissioner Hoppock, to recess into executive session for 20 minutes to discuss the subject of legal matters relating to the pending suit regarding the proposed initiative and referendum ordinance 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- 4319(b)(2). The open meeting will resume in this room at 6:48 p.m. Aye: (4). Nay (0). Motion carried. 21-0311 A short discussion took place related to a citizen online, who had joined the meeting late, and the procedure to follow since the public comment period for all agenda items had been closed. Vice Mayor Davis instructed the citizen to contact him or the City Manager's office with any comments. Due to the short delay, the City Commission recessed into executive session at 6:30 p.m. instead of 6:28 p .m. and reconvened at 6:50 p.m . Also present in executive session: Mayor Hodges (by telephone), Mike Schrage, Jacob Wood , Greg Bengtson, and Jacob Peterson . There was no action to follow. ADJOURNMENT Moved by Commissioner Hoppock, seconded by Commissioner Peck, that the regular meeting of the Board of City Commissioners be adjourned. Aye: ( 4). Nay: (0). Motion carried. The meeting adjourned at 6:51 p.m. ~~pNIJ Trent W. Davis, M.D ., Vice Mayor Page 6