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10-23-2023 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 23, 2023 4:00 p.m. Mayor Hoppock asked the Clerk for verification that notice had been sent for today's City Commission meeting. The Clerk replied yes. ro 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 Michael L. Hoppock (presiding), Trent W. Davis, M.D., Greg Lenkiewicz, Bill Longbine, and Karl Ryan. Also present: Mike Schrage, City Manager; Jacob Wood, Deputy City Manager; Shawn Henessee, Assistant City Manager; Greg Bengtson, City Attorney; and Nikki Goding, City Clerk. AWARDS AND PROCLAMATIONS (3.1) Recognition of the date of November 1, 2023, as Extra Mile Day. Claire Ludes, Executive Director of the Salina Area United Way, read the proclamation and discussed related activities. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA E (5.1) Approve the minutes of the meeting of October 16, 2023. (5.2) Approve Resolution No. 23-8158 amending the 2024 Comprehensive Fee Schedule to include fees for unsecured or uncovered loads of residential yard waste. (5.3) Approve Resolution No. 23-8160 authorizing the City Manager to permit Salina VFW volunteers to solicit in the City's rights-of-way. Commissioner Longbine requested to remove item 5.2 from the consent agenda. 23-0315 Moved by Commissioner Davis, seconded by Commissioner Ryan, to approve items 5.1 and 5.3 of the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. Commissioner Longbine asked who determines what a secured load is. Jim Kowach, Public Works Operations Manager, discussed the different types of yard waste, the timeline of actions leading to the item before the City Commission at this meeting, and the public outreach done to educate the community and contractors about the change. Ultimately, as long as the loads are secured enough that there is no spillage in transit, then citizens can avoid the tipping fee. Commissioner Lenkiewicz added that this fee matches traffic regulations that also make unsecured loads a ticketable offense. 23-0316 Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to approve Resolution No. 23-8158. Aye: (5). Nay: (0). Motion carried. Page 1 I ' I I ADMINISTRATION (6.1) Approve Ordinance No. 23-11179 on second reading amending the boundary and effective area of the North Ohio Street Gateway Overlay District to add a 19.80-acre tract of land on the west side of North Ohio Street that was recently annexed into the city to the overlay district area. Mayor Hoppock recused himself due to a conflict of interest and turned the meeting over to Vice-Mayor Longbine. Vice-Mayor Longbine stated Ordinance No. 23-11179 was passed on first reading on October 16, 2023. Since that time, no comments have been received. 23-0317 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve Ordinance No. 23- 11179 on second reading. A roll call vote was taken. Aye: (4). Nay: (0). Motion carried. Mayor Hoppock rejoined the meeting. DEVELOPMENT BUSINESS (7.1) Approve Ordinance No. 23-11180 on first reading requesting a change in zoning district classification from R-2 (Multiple-Family Residential) district to C-3 (Shopping Center) district on property legally described as Lot 9, Block 6 of the Holiday Addition and addressed as 255 S. Chicago Street to allow for additional parking for the Salina Emergency Aid Food Bank. Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and action options. Mayor Hoppock asked if the adjacent alley is vacated. Mr. Andrew stated it is not, and is still City Right-of-Way. He added extra details about the plans to facilitate entry to the new parking lot. 23-0318 Moved by Commissioner Lenkiewicz, seconded by Commissioner Longbine, to concur with the recommendation of the Planning Commission and approve Ordinance No. 23-11180 on first reading. Aye: (5). Nay: (0). Motion carried. (7.2) Discuss a boundary area amendment request received from F&W Tractor Company, Inc. and an update and 5 year renewal to the City's Neighborhood Revitalization Plan and consider authorizing staff to distribute the updated Plan to the other local taxing jurisdictions. Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and action options. The ensuing discussion touched on the process by which the property in question was annexed into the City but not into the Neighborhood Revitalization Area, the process for determining how applicants receive the Neighborhood Revitalization Rebate, and why this Page 2 I I I particular project is only now pursuing the Rebate when work has already commenced on the building on the property. 23-0319 Moved by Commissioner Ryan, seconded by Commissioner Davis, to instruct staff to draft an amendment to the Neighborhood Revitalization Plan adding 1097 West Old Hwy 40 to the Neighborhood Revitalization Area in response to the request. Aye: (5). Nay: (0). Motion carried. 23-020 Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to direct staff to finalize the draft of the 2024-2029 Neighborhood Revitalization Plan, solicit the consent of the applicable taxing jurisdictions, and publish Notice of a Public Hearing before the City Commission for consideration of the proposed update to the Neighborhood Revitalization Plan. Aye: (5). Nay: (0). Motion carried. (7.3) Development Agreement Addenda (7.3a) Approve Resolution No. 23-8161 adopting an addendum to the South View Estates, LLC Rural Housing Incentive District Development Agreement originally adopted on October 18, 2021. Commissioner Ryan recused himself from this item, and Mayor Hoppock recused himself from both addenda items, turning the meeting over to Vice-Mayor Longbine. Lauren Driscoll, Director of Community and Development Services, explained the request, fiscal impact, and action options. An extensive discussion followed about whether the proposed addendum also addresses the discrepancies with 3/4 bathrooms being advertised as full bathrooms, but at this time, the item before the City Commission addressed only the previous misunderstanding regarding the finished square footage of the completed homes in the South View Estates Development. 23-0321 Moved by Commissioner Davis, seconded by Commissioner Lenkiewicz, to approve Resolution No. 23-8161. Aye: (3). Nay: (0). Motion carried. Commissioner Ryan rejoined the meeting. (7.3b) Approve Resolution No. 23-8162 adopting an addendum to the Building Kansas, LLC Rural Housing Incentive District Development Agreement originally adopted on March 28, 2022. Lauren Driscoll, Director of Community and Development Services, explained the request, fiscal impact, and action options to bring Commissioner Ryan back into the discussion. 23-0322 Moved by Commissioner Davis, seconded by Commissioner Lenkiewicz, to approve Resolution No. 23-8162. Aye: (4). Nay: (0). Motion carried. Mayor Hoppock rejoined the meeting. Page 3 OTHER BUSINESS Commissioner Longbine asked for clarification about how legal publications are posted to the website, and Deputy City Manager Jacob Wood gave a short demonstration of where to find the information on the City's site. a Commissioner Davis shared concerns brought forward by members of the community regarding the Slumber in the Slammer event being held on November 3, 2023, taking the opportunity to highlight the disparities between incarceration rates of minorities and low- income people versus non-minorities. He suggested instead perhaps having at-risk youth be given the opportunity to spend the night at a college campus. City Manager Mike Schrage detailed a security issue with the new City website over the weekend after deployment of a patch where some private information was temporarily accessible through the Municipal Court's public records page. He advised that the City is still working with the vendor and developers to assess the extent of the issue. Mr. Schrage also provided a brief update at a citizen's request on the current development agreement for which he advised today's Executive Session would be lengthy. He provided the most recent invoice amount of$85,000 for retaining the specialized legal counsel necessary to facilitate the negotiations. CITIZENS FORUM Pastor Allen Smith, president of the Salina chapter of the NAACP, expressed his disappointment with the Slumber in the Slammer event, discussing the mistreatment of minorities in and by the judicial system and urging the City Commission to speak with County representatives about the optics of the event. Lt. Luke Hirsch with the Salina Salvation Army talked about his desire to see more development attention given to the north side of Salina. Debbie Corrales, Salina, Kansas, brought information about a survey conducted regarding public perception of pit bulls and general public dislike of breed specific legislation. Norman Mannel, Salina, Kansas, talked about an exhibit he visited at a museum about ethno-religious doctrines and the negative effects of white imperialism. Ben Windholz, Salina, Kansas, made comments about sources of funding for the Smoky Hill River Festival. Jon Blanchard, Salina, Kansas, added his thoughts about the Slumber in the Slammer event, which led into additional comments about the correlation between the proximity of low- to moderate-income housing developments to sites with environmental hazards. EXECUTIVE SESSION (10.1) Request for Executive Session—Attorney/Client Privileged 23-0323 Moved by Commissioner Lenkiewicz, seconded by Commissioner Davis, that the City Commission recess into executive session for 60 minutes following a 7 minute break to discuss with special legal counsel the subject of confidential legal considerations relating to points of negotiation with Salina Page 4 Destination Development, LLC, regarding the City's multi-family housing project, 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 7:35 p.m. Aye: (5)Nay: (0). Motion carried. The meeting adjourned at 6:28 p.m. and reconvened at 7:35 p.m. 15, Executive session was held in room 105 of the City-County Building. Also present in the executive session were Mike Schrage, City Manager; Jacob Wood, Deputy City Manager; Shawn Henessee, Assistant City Manager; Greg Bengtson, City Attorney; and Lauren Driscoll, Director of Community and Development Services. Special legal counsel Stephen Sparks and specialized financial counsel Matt Webster attended online. 23-0324 Moved by Commissioner Lenkiewicz, seconded by Commissioner Ryan, that the City Commission recess into executive session for 30 minutes to discuss with special legal counsel the subject of confidential legal considerations relating to points of negotiation with Salina Destination Development, LLC, regarding the City's multi-family housing project, 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 8:05 p.m. Aye: (5)Nay: (0). Motion carried. The meeting adjourned at 7:35 p.m. and reconvened at 8:05 p.m. Executive session was held in room 105 of the City-County Building. Also present in the executive session were Mike Schrage, City Manager; Jacob Wood, Deputy City Manager; Shawn Henessee, Assistant City Manager; Greg Bengtson, City Attorney; and Lauren Driscoll, Director of Community and Development Services. Special legal counsel Stephen Sparks and specialized financial counsel Matt Webster attended online. No action was taken. ADJOURNMENT 23-0325 Moved by Commissioner Ryan, 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 8:06 p.m. V/a, [SEAL] Michael L. Hoppoc , ayor ATTEST: Nikki Goding, City Clerk d Page 5 I I I -