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10-10-2022 MinutesL ... ,........., L CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 10, 2022 4:00 p.m. Mayor Davis 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 Davis (presiding), Greg Lenkiewicz and Bill Longbine. Also present: Mike Schrage, City Manager; Jacob Wood, Deputy City Manager; Shawn Henessee, Assistant City Manager; Greg Bengtson, City Attorney; and Nikki Goding, Deputy City Clerk. AWARDS AND PROCLAMATIONS (3 .1) Recognition of the week of October 16-22, 2022 as Friends of the Salina Public Library Week in the city of Salina. Gretta Kontas, President of Friends of the Salina Public Library, read the proclamation and announced related activities. (3.2) Recognition of the month of October, 2022, as National Arts and Humanities Month in the city of Salina. Brittany Willer, Salina Arts & Humanities Commission Chair, read the proclamation and Amanda Morris, Office Administrator for Salina Arts & Humanities, announced related activities. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (5.1) Approve the minutes of October 3, 2022. 22-0278 Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to approve the consent agenda as presented. Aye: (3). Nay (0). Motion carried. ADMINISTRATION (6.1) Authorize the submission of a Hazard Mitigation Grant Program Letter of Intent to the Kansas Division of Emergency Management for a right-of-way and parks tree pruning mitigation program. Jim Teutsch, Director of Public Works, explained the request, fiscal impact, and action options. A discussion ensued regarding the factors that most frequently damage the tree canopy of the city, the amount of money a new tree management program would cost, the division of duties between the Parks and Recreation and Public Works departments regarding the four Page 1 n n lJ 22-0279 employees this grant would allow and whether certain species of trees are more prone to damage than others. Dalton McDowell, Salina, Kansas, voiced strong support for the Letter of Intent. Jon Blanchard, Salina, Kansas, also agreed that it is a necessary pursuit, while making sure to point out improved safety routes to school and the likelihood that Salina's attention to affordable housing should increase the city's chances of receiving the grant. Norman Mannel, Salina, Kansas, asked about whether the city issues and charges for permits for oversized truck widths and heights and exactly how big and how much of the trees would be cut down. Ben Windholz, Salina, Kansas, commented on costs and inquired about the bucket trucks and wood chipper the city already owns. Mr. Teutsch explained that the city has two lift trucks which are used by traffic control daily. Brett Lamer, Deputy Director of Parks and Recreation, explained that the new wood chipper would replace the city's aging wood chipper and that the trucks included in the grant plan would replace the city's 21-year-old split boom truck. Commissioner Longbine asked about added liability insurance. Mike Schrage, City Manager, assured the Commission that the city's current insurance is more than broad enough. Moved by Commissioner Lenkiewicz, seconded by Commissioner Longbine, to authorize the submission of a Hazard Mitigation Grant Program Letter of Intent to the Kansas Division of Emergency Management for a right-of-way and parks tree pruning mitigation program. Aye: (3). Nay (0). Motion carried. (6.2) Approve Ordinance Number 22-11132, on second reading, amending Chapter 38, Article I of the City of Salina Code by adopting the 2022 Standard Traffic Ordinance for Kansas Cities published by the League of Kansas Municipalities. Mayor Davis stated that Ordinance No. 22-11132 was approved on first reading on October 3, 2022, and since that time no comments have been received. 22-0280 Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to approve Ordinance No. 22-11132, on second reading. A roll call vote was taken. Aye: (3). Nay (0). Motion carried. r""l LI 22-0281 (6.3) Approve Ordinance Number 22-11133, on second reading, amending Chapter 25, Article I of the City of Salina Code by adopting the 2022 Uniform Public Offense Code for Kansas Cities published by the League of Kansas Municipalities. Mayor Davis stated that Ordinance No. 22-11133 was approved on first reading on October 3, 2022, and since that time no comments have been received. Moved by Commissioner Lenkiewicz, seconded by Commissioner Longbine, to approve Ordinance No. 22-11133, on second reading. A roll call vote was taken. Aye: (3). Nay (0). Motion carried . Page2 .. DEVELOPMENT BUSINESS (7 .1) Approve Ordinance No. 22-11135 , on first reading, clarifying an amendment to the text of Section 42-508( d) governing the placement of temporary signs during election season. Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and action options. Mr. Andrew explained that the Planning Commission held a public hearing on October 4, 2022 , which resulted in the text for the amendment presented. Mr. Andrew also stated that an additional attachment from the City Attorney, with alternative language, was put forward for the Commission 's consideration . Commissioner Longbine expressed concern that this amendment would prohibit only election signs and not other signs such as garage sale advertisements . Mr. Andrew clarified that this amendment would apply to all signs , outside of the exception for election signs 45 days out from and two days after an election. Commissioner Longbine asked about who would enforce compliance of the amendment. Mr. Andrew stated Code Enforcement had been and would continue to do so. No public comments were received. 22-0282 Moved by Commissioner Lenkiewicz, seconded by Commissioner Longbine , to approve Ordinance .... No. 22-11135 , on first reading . 22-0283 - L After the motion was made, Mr. Andrew pointed out that the motion would approve the version of the amendment put forth by the Planning Commission (which deletes the phrase "and other public use "), and not the version with clarifying language added by the City Attorney (which retains the phrase "and other public use" while specifying what that means). An additional motion and second was made ; however , it was not immediately clear upon which motion was being acted. Greg Bengtson, City Attorney , and Mike Schrage, City Manager , discussed with the Commission their intent at this point, and asked Mr. Bengtson for wording to use for a motion to amend the presented Ordinance with the alternative language put forth by the City Attorney. Mr. Bengtson indicated that the motion would be to amend the ordinance as recommended with language to be included in section 42-508( d)(2) after which Mr. Bengtson read aloud the language to be added from the attachment to the agenda item identified as the City Attorney 's alternative language. Moved by Commissioner Lenkiewicz, seconded by Commissioner Longbine , to amend the proposed Ordinance as recommended with the additional language to be included in section 42- 508(d)(2). Aye : (3). Nay (0). Motion carried. The Commission then returned to consideration of the main motion (see 22-0282 abo ve) to approve Ordinance No. 22-11135 , on first reading , as amended . Aye: (3) Nay (0) Dean Andrew, Planning and Zoning Administrator , stated that a second reading on the same day would be recommended because of the proximity to the November elections. Page 3 n 22-0284 ,.. 11111 22-0285 ,... ... Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to find a compelling public interest exists to allow a first and second reading of Ordinance 22-11135 on the same day. Aye: (3) Nay (0) Chad Farber, Salina, Kansas, Planning Commission member, commented he felt the City Attorney's additions to the text would constitute a change major enough to warrant a super majority vote, so having only three members of the Governing Body present was not sufficient to pass the ordinance on second reading on the same day. A discussion followed regarding whether or not the new language was at odds with the Planning Commission's original intent. Tonya Greer, Salina, suggested highlighting the specific changes in the ordinance to help with transparency. Greg Bengtson, City Attorney, described how the proposed amendment provides the necessary structure should future amendments be necessary. Mike Schrage, City Manager, requested five minutes to confer with Greg Bengtson, City Attorney. Mayor Davis granted the request and the meeting recessed at 5:41 p.m. The meeting reconvened at 5:45 p.m. Mike Schrage, City Manager, recommended that the motion to approve the Ordinance on second reading be postponed until the next meeting on October 17, 2022. As a result, the motion to declare a compelling public interest exists required revisiting. Moved by Commissioner Lenkiewicz, seconded by Commissioner Longbine, to reconsider the motion to declare a compelling public interest exists to approve Ordinance 22-11135 on first and second reading on the same day. Aye: (3). Nay (0). Motion carried. An intervening discussion ensued on the need to withdraw the motion to declare that a compelling public interest exists. Commissioner Longbine, with the consent of Commissioner Lenkiewicz, then withdrew the motion to declare a compelling public interest exists to approve Ordinance 22-11135 on first and second reading on the same day. OTHER BUSINESS None . CITIZENS FORUM Ben Windholz, Salina, Kansas, asked about the finances of the Smoky Hill River Festival. Dalton McDowell, Salina, Kansas, asked about the status of hiring for the new police chief and asked why the city does not use more local contractors . Page4 r .. "' "' z 11. w "' .!: iii (/) ~ :'Q Si c 0 u 22-0286 Jon Blanchard, Salina, Kansas, expressed concerns over police staffing, the fire code of the River Run subdivision, and the suitability of Maxwell Drever to be used as a local developer. Chad Farber, Salina, Kansas, commended the police department and school administrators for how recent threats at schools were handled. Mr. Farber also wondered if the commission should retract the approval of Ordinance 22-1113 5 on first reading under the circumstances. Greg Bengtson, City Attorney, requested a five minute meeting with Mike Schrage, City Manager. The meeting recessed at 6:10 p.m. The meeting reconvened at 6:15 p.m. Mr. Schrage stated that there could be enough discussion done between the first and second readings to justify not retracting the first reading. Ken Reitz, Salina, Kansas, commented on his mother's experiences with Roberts Rules of Order after the complex interaction of the previous agenda item and also offered his thoughts on various versions of wood chippers and usage of refuse. EXECUTIVE SESSION Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to recess into executive session for 25 minutes to discuss the subject of legal considerations relating to the Drever Partners, LLC development proposal 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 6:51 p.m. Aye (3). Nay (0). Motion carried. The City Commission recessed into executive session at 6:26 p.m. and reconvened at 6:53 p.m. Also present in the executive session were Mike Schrage, City Manager; Jacob Wood, Deputy City Manager; Shawn Henessee, Assistant City Manager; Lauren Driscoll, Director of Community and Development Services; and Greg Bengtson, City Attorney. No action was taken. Mike Schrage, City Manager, provided a brief update on the status of meetings between the city and Drever Partners, LLC . Page 5 22-0287 z 0.. w "' .s Oi (/) ~ :ll Si c: 0 u ADJOURNMENT Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (3). Nay: (0). Motion carried. The meeting adjourned at 6:54 p.m. [SEAL] Trent W. Davis, M.D., Mayor ATTEST : Nikki Goding, Deputy City Clerk Page 6