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11-08-2021 Minutesr .. r .. '° '° z a.. w "' .s iii <I( * :!2 0 "' c: 0 (.) CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS November 08, 2021 4:00 p.m. The City Commission convened at 2:00 p.m. in Room 107 , City-County Building, for a study session which consisted of a presentation entitled 2021 Annual Solid Waste Management Plan followed by the Salina F ield House Lender, Inc. Annual Board Meeting at 3:30 p.m. immediately followed by the Salina Field House Qualified Active Low-Income Community Business, Inc . (QALICB) Annual Board Meeting; and at 3 :45 p.m. Lower Smoky Hill Water Supply Access District Incorporated . Mayor Hodges 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. A roll call was taken followed by the Pledge of Allegiance and a moment of silence . Those present and comprising a quorum: Mayor Melissa Rose Hodges (presiding), Trent W . Davis, M.D ., Michael L. Hoppock, Aaron Peck and Karl Ryan (via Zoom). Also present: Mike Schrage, City Manager, Jacob Wood , Deputy City Manager; Greg Bengtson, City Attorney; and Ashley Russell , Deputy City Clerk. A WARDS AND PROCLAMATIONS (3.1) (3.2) Recognition of November 1, 2021 as "Extra Mile Day" in the city of Salina. Brenda Gutierrez, read the proclamation and announced associated events. Recognition of November 11 , 2021 , as "Veterans Day" in the city of Salina . Kathy McCandless, read the proclamation and announced associated events . (3.3) Recognition of the month of November, 2021 as "Native American History Month " in the city of Salina. Keely Denning, Shawnee Nation member and descendant of Blue Jacket, read the proclamation and announced associated events. (3.4) Recognition of Scout Troop 2 earning their Citizenship Merit Badge in the Community. Joe Hay, former commissioner and longtime Scout volunteer, read the proclamation and announced associated events . Commissioner Peck encouraged the Scout Troop and complimented the organization. CITIZENS FORUM Clark Sanders, Salina, Kansas , commented on the unofficial results of the election including the yes/ no vote, upcoming changes within the City Commission and stated that with clear majority of the voters they want the proposed ordinance to happen. Requested the Commissioners to drop the lawsuit against the petition and delay the ruling of the court for the new Commissioners to vote after sworn in. Norman Manne!, Salina, Kansas, discussed concerns of global warming and the factors that increase the issue . Dalton McDowell, Salina, Kansas, commented on attempts made for an open records request, voiced on timeframe and turnaround in that process. Also voiced concerns on the parking situation on 5th street, behind the Salina Regional parking garage . Page 1 - L ,........, L - "' "' z c.. w "' .s iii Cl) ~ 12 g c 8 21-0344 21-0345 21-0346 Kevin Korb, Salina, Kansas , urged the Commissioners to reconsider the lawsuit in light of public opinion. Mr. Korb inquired if the lawsuit is continued he would like to know who the Commissioners are fighting on behalf of, since the citizens have spoken . Jon Blanchard, Salina, Kansas, thanked and congratulated those who ran for commission and whom was elected , also those who advocated for the ordinance on both sides. Voiced concerns on the Schwan 's employment rate, housing emergency and Magnolia Point project including accountability with city staff and commission on when the information was given to the public. Mayor Hodges requested to add Magnolia Point to the agenda . Moved by Commissioner Davis, seconded by Commissioner Hoppock, to add agenda item 8.2 discussion regarding Magnolia Point. Aye: (5). Nay (0). Motion carried. Chad Farber, Salina, Kansas , congratulated commissioners on the recent election. Requested the commissioners to step up and make a motion to go forward with the ordinance as written per the will of the people . Mayor Hodges responded regarding the terms in pursuing a lawsuit against the ordinance and explained the course of action that is being considered . PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of November 1, 2021. Moved by Commissioner Hoppock, seconded by Commissioner Davis, to approve the consent agenda items as presented. Aye: (5). Nay (0). Motion carried . ADMINISTRATION (7.1) Approve Ordinance Number 21-11087, amending Chapter 38 , Article I of the City of Salina Code by adopting the 2021 Standard Traffic Ordinance for Kansas Cities published by the League of Kansas Municipalities. Christina Trocheck, City Prosecutor, explained the ordinance, fiscal impact and action options . Moved by Commissioner Hoppock, seconded by Commissioner Davis to approve Ordinance Number 21- 11087 adopting the 2021 Standard Traffic Ordinance for Kansas Cities published by the League of Kan sas Municipalities . Aye: (5). Nay (0). Motion carried . (7.2) Approve Ordinance Number 21-11088 , amending Chapter 25, Article I of the City of Salina Code by adopting the 2021 Uniform Public Offense Code for Kansas Cities published by the League of Kansas Municipalities ; and repealing existing section 25-1. Christina Trocheck, City Prosecutor, explained the ordinance, fiscal impact and action options. Commissioner Davis inquired about the difference between disorderly conduct versus littering . Ms. Trocheck answered Commissioner Davis 's question . Page 2 ,..,21-0347 L z a.. w "' .!: '" Cl) ~ :12 g c: 8 21-0348 Moved by Commissioner Davis, seconded by Commissioner Peck to approve Ordinance Number 21-11088 adopting the 2021 Uniform Public Offense Code for Kansas Cities published by the League of Kansas Municipalities. Aye: (5). Nay (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Authorize city staff to prepare a Special Assessment E ngineering Feasibility Report for Phases I and II of Lakeview E states Addition No. 2. Dean Andrew, Director of Planning, explained the report, fiscal impact and action options. Commissioner Davis inquired on the time frame and cost of having the phases built in sections rather than all at once. Stan Byquist, Salina, Kansas , commented about the timing of the phases and how the economy play s a large role in the outcome of completion. A conversation ensued regarding the economy, community demand for housing, special assessments , developer 's recommendation , debt limit, special assessment debt, outside developers and time frame for completion . Moved by Commissioner Hoppock, seconded by Commissioner Davis to authorize staff to prepare an Engineering Feasibility Report and resolution of advisability for all of Phases I and II of Lakeview Estates Addition No. 2 for future consideration by the city commission . Aye: (5). Nay (0). Motion carried. (8 .2) Discussion regarding Magnolia Point Mayor Hodges posed a question to staff regarding where the process is at for the Magnolia Point Apartment Complex. Mike Schrage, City Manager, provided information on the declaration of reciprocal easements and operating agreement between the developer and Menards. Discussed the prohibited land uses on Menards contract for the remainder of the property owned by the developer. Commissioner Hoppock inquired if the "developer" is the owner of the ground at the Menards site . Mr. Schrage stated that Bob Eckholt is the developer of the Menards ground and that Perry Reid Group is the proposed developer of the apartment complex. Mr. Schrage also commented on the agreement th at was made amongst the developers and Menards, going through the approval process in terms of actions on planning and industrial revenue bonds. Also stating that staff was unaware that Menards had a real-estate committee process that holds the final consent on the land , the committee then responded that they wanted to hold out for retail development rather than an apartment complex. Mr. Schrage proceeded to explain the steps that city staff took to attempt to persuade the developer and representative but has yet to receive feedback. A conversation ensued with the city commission and city staff regarding recorded agreements, consent, appeal resolutions, future process to ensure staff does not end up in the same positon with a development process, deed restrictions and clarification on contacting Senator Moran 's office . Mayor Hodges inquired to city staff, when they were notified the deal with Magnolia Pointe fell through. Lauren Driscoll , Director of Community & Development Services, stated she heard about two weeks ago that Menards had an additional process and were denied . Mr. Schrage, commented on reaching out to Menards asking them to reconsider by letter. Page 3 21-0349 Mayor Hodges requested a copy of the letter Mr. Schrag e has drafted and inquired when city staff was going to update the City Commission regarding the project running into difficulties and ultimately not being able to have them resolved . A conversation ensued between the City Commission and city staff regarding a press release by Perry Reid , waiting on feedback from the representatives at Menards, updates that accrued at the Planning Commiss ion and current housing crisis. Jon Blanchard, Salina, Kansas, stated the governing body was held accountable with the yes/no vote at the election. Inquired when the City Commission will hold city management accountable and commented on how city staff continually keeps bad news from the governing body. Mr. Blanchard asked the governing body if they had prior knowledge that the deal did not go through, he then asked specifically Commissioner Hoppock and Commissioner Hoppock stated he did. Mr. Blanchard stated he would have been upset if his name was on the ballot against someone who was withholding information from the rest of the candidates and used it as major accomplishments. Mr. Blanchard also mentioned seeing the full City Manager update. Commissioner Hoppock stated from his understanding, the owner of the Perry Reid Group was still in the negotiating process with Menards and unaware if the deal is considered a dead deal. Mr. Hoppock al so commented on a statement Mr. Blanchard made earlier regarding employment numbers at Schwan 's and clarified the number that was read by Mr. Blanchard were for IRB requirements but is not the current employment number for Schwan 's. Chad Farber, Salina, Kansas , stated concerns regarding if information was being withheld to undermine other candidates. Mr. Farber commented on transparency within the local government and how information is not passed along to the governing body and public . Mr. Farber stated there has been no recent update on the Fire Department, he demands accountability from the city staff who knew what happened and kept it from the governing body and public, also re quested an swers as to a timeline as how long these situations have been going on. Commissioner Peck stated he found out regarding Magnolia Point that same morning and would also like answers regarding the Fire Department. Mr. Peck agrees with citizens that there must be accountability. Mr. Schrage informed the governing body and citizens the time and day he received notification from Menards regarding where they stood on the consent of the grounds. OTHER BUSINESS Mayor Hodges gave her congratulations to the new elects and re-elects to the City Commission. Mike Schrage, City Manager, gave an update about the star bond project that Governor Kelly recently announced. ADJOURNMENT Moved by Commissioner Peck, seconded by Commissioner Davis that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:55 p.m . [SEAL] Page4 z 0.. w "' .!: c;; (/) ~ :!2 g c: 8 ATTEST: Ashley Russell, Deputy City Clerk Page 5