Loading...
10-02-2023 Minutes i CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 2,2023 N N 4:00 p.m. w Mayor Hoppock asked the Clerk for verification that notice had been sent for today's City Commission meeting. The Clerk replied yes. To W The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in 0 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 Michael L. Hoppock (presiding), Trent W. Davis, M.D., Greg Lenkiewicz, Bill Longbine, and Karl Ryan. Also present: Mike Schrage, City Manager; Shawn Henessee, Assistant City Manager; Greg Bengtson, City Attorney; and Nikki Goding, City Clerk. Scott Gardner, Director of Computer Technology and Dustin Hens, City Planner provided technical support and Zoom moderation in Jacob Wood's absence. AWARDS AND PROCLAMATIONS (3.1) Recognition of the month of October, 2023, as Community Planning Month. Patrick Mikesell, Chair of the Planning Commission, read the proclamation and discussed Lrelated activities. (3.2) Recognition of the week of October 8-14, 2023, as Fire Prevention Week. Anthony Sneidar, Chief of the Salina Fire Department, read the proclamation and discussed related activities. He also unveiled the winning illustration of the annual Fire Safety E Art Contest, designed by Ellie Johnson from Meadowlark Elementary School. (3.3) Recognition of the month of October, 2023, as Bullying Prevention Month. Kenley Rojas from Lakewood Middle School, Isaiah Boswell from Sacred Heart Junior Senior High School, and Sophia Torres from South Middle School read the proclamation, while Vicki Price, CAPS Education Director, discussed related activities. (3.4) Recognition of the month of October, 2023, as Domestic Violence Awareness Month. Mary Cookson, Victim Advocate with the Domestic Violence Association of Central Kansas (DVACK), read the proclamation and discussed related activities. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (5.1) Approve the minutes of the meeting of September 25, 2023. (5.2) Approve Resolution No. 23-8152 appointing members to the Animal Control Advisory and Appeals Board and the Business Improvement District No. 1 Design Review Board. L (5.3) Approve Resolution No. 23-8153 appointing members of the Planning Commission to serve on the Board of Zoning Appeals and the Heritage Commission. 23-0288 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (5). Nay (0). Motion carried. Page 1 I I I ADMINISTRATION (6.1) Approve Ordinance No. 23-11174, on second reading, changing the zoning district classification from PC-2 (Planning Neighborhood Shopping) to R-2 (Multi-Family Residential) on five (5) lots located on the east side of South Ohio Street, south of To Shoreline Drive. The subject property is legally described as Lots 1-5, Block 6 of the Stone Lake Addition to the City of Salina, Saline County, Kansas and addressed as 2835-2915 South Ohio Street. 0 U Mayor Hoppock recused himself from this and the following agenda item due to a conflict of interest and turned the meeting over to Vice-Mayor Longbine. Vice-Mayor Longbine stated Ordinance No. 23-11174 was passed on first reading on September 25, 2023. Since that time, no comments have been received. 23-0289 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve Ordinance No. 23- 11174 on second reading. A roll call vote was taken. Aye: (4). Nay (0). Motion carried. (6.2) Approve Ordinance No. 23-11176, on second reading, ordering the vacation of a portion of a 55 ft. wide platted drainage easement located on Lots 18 and 19, Block 4 of the Stone Lake Addition to the City of Salina, Saline County, Kansas to reduce the easement width from 55 ft. to 20 ft. in order to convert it from surface drainage to a storm drainage pipeline. Vice-Mayor Longbine stated Ordinance No. 23-11176 was passed on first reading on September 25, 2023. Since that time, no comments have been received. 23-0290 Moved by Commissioner Lenkiewicz, seconded by Commissioner Davis, to approve Ordinance No. 23-11176 on second reading. A roll call vote was taken. Aye: (4). Nay (0). Motion carried. Mayor Hoppock rejoined the meeting. (6.3) Approve Ordinance No. 23-11175, on second reading, amending the zoning regulations applicable to Group Day Care Homes. Mayor Hoppock stated Ordinance No. 23-11175 was passed on first reading on September 25, 2023. Since that time, no comments have been received. He noted that the title of the ordinance was modified to include an introductory statement of the overall subject of the ordinance and to correct certain non-substantive details included in the references to the specifically amended sections of the Salina Code. 23-0291 Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to approve Ordinance No. 23-11175 on second reading. A roll call vote was taken. Aye: (5). Nay (0). Motion carried. (6.4) Special Event Permit Fees Review (6.4a) Approve Ordinance No. 23-11177, on first reading, amending the City of Salina Municipal Code sections 6-333, 6-361, and 6-379, to define parades and rolling parades, identify the permit level applicable to block parties and Page 2 I I I rolling parades, and establish how an event is determined to be a rolling parade, and repealing the existing sections. (6.4b) Approve Resolution No. 23-8155 amending the special event fees pursuant to N Chapter 6, Article V of the City of Salina Municipal Code. 7. w Mike Schrage, City Manager, explained the request, fiscal impact, and action options. co The Commissioners and Mr. Schrage discussed the social media events leading to the 79 discussion of the topic at hand, urging the public to allow staff and the City Commission more time to address issues. The Commissioners all agreed that refunding fees paid by event organizers whose events have already passed would be an appropriate course of action should the resolution before them pass. They stressed that new processes like the special events application and fee structure take time to perfect, but that the City Commission and City staff aim to work with the public, not against them. James "Jimmy" Trepoy, Organizer of the Annual Toy Run, gave some background on the Toy Run and how he came to be involved with it. He explained how the $500 event fee scared him at first and he told his wife about it after calling City staff. He stated he didn't know it would explode on Facebook like it did. He added that he's worked cooperatively with the Salina Police Department for many years on blocking streets as needed and running the event. Susan Leech, Salina, Kansas, said she came up to comment with the thought it was going to be more of a fight, but instead thanked the commissioners for working with the various groups and amending the fees. She added that her experiences with seeing kids at DVACK opening the presents coming from the Toy Run are special. Mayor Hoppock asked her about the Festival of Trees and Ms. Leech outlined events of the upcoming weekend in November, including the Toy Run. Carl Garten, Tri-Rivers Fair Board President, detailed that it is difficult to find the special event application using online search engines and keywords. He also pointed out that barricades provided to citizens for installation should be in better working order. Mayor Hoppock asked if City sponsored events like the Smoky Hill River Festival also go through this application process. City Manager Mike Schrage advised that they do. Patrick Parker, Director of Ops at Ashby House, showed support for Jimmy and the Toy Run on behalf of Ashby House as a distribution hub for the gifts. He thanked the City Commission for coming to a solution. Kerry Gillis, Salina, Kansas, said McPherson doesn't charge fees and felt Salina should not charge any fees for these kinds of events as they bring revenue to the City. Dan Mojo, Salina, Kansas, stated he has worked with Jimmy on the Toy Run for years throughout multiple cities, none of which charge fees, and explained how the participants of the parade spend money in the towns they visit while making community connections, which benefits the towns. Page 3 1 1 1 Jon Blanchard, Salina, Kansas, wondered if a pricing structure for fees similar to what Parks and Recreation uses would be more appropriate. He also wondered why it seems as though wealthy companies and developers get waivers of late fees or building permit fees while working class people do not. Z w Ben Windholz, Salina, Kansas, agreed that long-standing events in the City should not have to pay special event fees. He wondered if the City Commission would have approved the new fees back in December 2022 had they been armed with more information about what the previous fee for a parade or event was. O Norman Mannel, Salina, Kansas, added that fish and game commissions are being sued and liability insurance needs to be raised in 2023. Chad Farber, Salina, Kansas, felt that most, if not all, of the revised fees should be done away with. He noted the drop in block parties since the fees were installed and compared the fees to a furniture store hiking prices 90% just to slash them 50% during a sale. He wondered about the purpose of the fees and why non-profits should have to pay at all. Bruce Bolt, Abilene, Kansas, invited the Commissioners to come out to the parade and see what it's about. He suggested the City Commission donate the event fee to the Toy Run. Brenda Crowder, Salina, Kansas, asked about what happens if inclement weather causes an event to be rescheduled and wondered if they have to pay the fees again. She also added that vehicles are welcome to join the Toy Run parade along with the motorcycles. Brad Anderson, Director of Arts & Humanities, advised Ms. Crowder and the public that part of the event application is choosing an alternate rain date at no additional cost. Commissioner Davis wondered if, before the motion to approve Ordinance No. 23-11177 was voted upon, they might discuss the possibility of an amendment to the motion to cut block party fees to as minimal a cost as possible, even zero. This led to a discussion on whether the City should have a separate fee structure for charities and non-profits, but also how difficult it might be to distinguish non-profits and charities from citizens just wanting to hold an event for a good cause. The Commissioners ultimately decided not to adopt Commissioner Davis's suggested amendment at this time. 23-0292 Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to approve Ordinance No. 23-11177 on first reading. Aye: (5). Nay (0). Motion carried. 23-0293 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve Resolution No. 23- 8155. Aye: (5). Nay(0). Motion carried. Commissioner Davis recused himself from the following motion due to having held an event for Juneteenth using the special event application process. 23-0294 Moved by Commissioner Longbine, seconded by Commissioner Ryan, to direct staff to refund fees paid in excess of the fee schedule passed in Resolution No. 23-8155 for events already held in the City. Aye: (4). Nay (0). Motion carried. Page 4 I I I , Commissioner Davis rejoined the meeting. (6.5) Approve Ordinance No. 23-11166, on first reading, amending Chapter 38, Article I N of the City of Salina Municipal Code by adopting the 2023 Standard Traffic Ordinance for Kansas Cities published by the League of Kansas Municipalities and W repealing existing section 38-1. t. Christina Trocheck, City Prosecutor, explained the request, fiscal impact, and action options. Commissioner Davis asked why trucks hauling cotton bales are treated differently in the STO. Ms. Trocheck did not have an immediate answer but supposed it was something held over from state statutes long ago. 23-0295 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve Ordinance No. 23- 11166 on first reading. Aye: (5). Nay (0). Motion carried. (6.6) Approve Ordinance No. 23-11167, on first reading, amending Chapter 25, Article I of the City of Salina Municipal Code by adopting the 2023 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 request, fiscal impact, and action options. L Mayor Hoppock thought the Salina Airport Authority was already authorized to discharge firearms. Ms. Trocheck highlighted that they are; the change was to update the name of the Kansas Department of Wildlife and Parks. 23-0296 Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to approve Ordinance No. 23-11167 on first reading. Aye: (5). Nay (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Consider approval of a Development Agreement with the Mark Augustine Trust addressing current and future improvements to South 9th Street abutting the Augustine Addition to the City of Salina, Saline County, Kansas. Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and action options. A brief discussion touched on how sidewalks are constructed if a developer owns multiple lots, the traffic numbers needed to trigger further improvements, and if there is a wide f enough turning radius to accommodate larger vehicles on this interim street. { ` 23-0297 Moved by Commissioner Davis, seconded by Commissioner Ryan, to accept the proposedL development agreement with the Mark Augustine Trust for the Augustine Addition and authorize the mayor to sign the agreement. Aye: (5). Nay (0). Motion carried. (7.2) Consider approval of a Development Agreement with the Salina Health Education Foundation addressing current and future improvements to North Ohio Street abutting the ADR Addition to the City of Salina, Saline County, Kansas. Page 5 1 1 1 Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and action options. U, There were no comments or questions from the Commissioners or the public. 23-098 Moved by Commissioner Ryan, seconded by Commissioner Davis, to accept the proposed development agreement with the Salina Health Education Foundation for the ADR Addition and authorize the mayor to sign the agreement. Aye: (5). Nay (0). Motion carried. O (7.3) Consider approval of a Development Agreement with Beck's Superior Hybrid Seeds Inc. addressing current and future improvements to North Ohio Street abutting the Beck's Addition to the City of Salina, Saline County, Kansas. Mayor Hoppock recused himself from this item due to a conflict of interest and turned the meeting over to Vice-Mayor Longbine. Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and action options. Mitch Robinson, Executive Director of the Salina Community and Economic Development Organization, asked what the current traffic count on North Ohio Street is. Mr. Andrew stated it is 5,150 vehicles per day. 23-0299 Moved by Commissioner Lenkiewicz, seconded by Commissioner Ryan, to accept the proposed development agreement with Beck's Superior Hybrid Seeds, Inc. for the Beck's Addition and authorize the mayor to sign the agreement. Aye: (4). Nay(0). Motion carried. Mayor Hoppock rejoined the meeting. OTHER BUSINESS Commissioner Longbine stated he had committed to visiting the Animal Shelter when it opened its doors again. He was pleased with how he was received during his visit. He felt that just having the facility open to the public again should help correct many of the issues. CITIZENS FORUM Ricky Miller, Salina, Kansas, followed up on his concerns regarding his neighbors' chickens, and was assured by City staff that they are still working on addressing them. Rosemary Mai, Salina, Kansas, added her own unpleasant experience walking by the house with the chickens. Chad Farber, Salina, Kansas, stressed revisiting the special event fees while bringing up concerns with the online application and new website. He also cleared up a misconception about a statement made earlier in the meeting by Mr. Schrage. Jon Blanchard, Salina, Kansas, asked about a timeline for the letter of agreement with South View Estates. He urged reviewing the RHID process and what qualifies as MIH. He also Page 6 1 1 1 inquired about the status and costs associated with the development over by Menards that seems to have stalled. ADJOURNMENT 23-000 Moved by Commissioner Longbine, 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 6:29 p.m. U 13-be if-- '21644--- [SEAL] Bill Longbine, Vice-Mayor ATTEST: r t uyi Nikki Goding, City Clerk V Page 7 I I I