03-07-2016 MinutesCITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
March 7, 2016
4:00 p.m.
The City Commission convened at 2:30 for Community Engagement Update and at 3:45 p.m. for
Citizens Forum.
The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107,
City -County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of
silence.
Those present and comprising a quorum: Mayor Jon R. Blanchard (presiding), Commissioners
Kaye Crawford, Trent Davis, and Karl Ryan.
Absent: Commissioner Randall Hardy
Also present: Jason Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson,
City Attorney; and Shandi Wicks, City Clerk.
AWARDS AND PROCLAMATIONS
(3.1) The month of March, 2016 as "Women's History Month" in the city of Salina. Carla
Moore, Human Relations Commissioner, read the proclamation and announced
events associated with the event.
CITIZENS FORUM
Chief Royse provided information on the Ambulance Service of the Year award presented
to the Salina Fire Department by the Kansas Emergency Medical Technicians Association.
Mayor Blanchard thanked Dr. Sean Harrington, the EMT's and the entire Salina Fire
Department for all of their work performed in the community.
Jason Gage, City Manager, asked the City Commission to add Item No. 8.3 to today's
agenda.
16-0079 Moved by Commissioner Davis, seconded by Commissioner Crawford, to add 8.3 to the agenda.
Aye: (4). Nay: (0). Motion carried.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of February 22, 2016.
(6.2) Approve the minutes of February 29, 2016.
(6.3) Authorize the purchase of TV truck equipment for Wastewater Collection from
Mayer Equipment & Supply, LLC in the amount of $63,830.00.
(6.4) Approve the purchase of four (4) police package vehicles from Long -McArthur Ford
in the amount of $101,524 and the purchase/ installation of ancillary equipment
from Ka -Comm Inc. in the amount of $41,674.70.
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Commissioner Davis stated he noticed, by following a Police Department SUV, the
writing on the back of the vehicles was not reflective. Chief Brad Nelson stated the
writing on the units was not reflective due to the price difference but staff could look into
costs for reflective lettering on the back of the units.
16-0080 Moved by Commissioner Crawford, seconded by Commissioner Ryan, to approve the consent
agenda as presented. Aye: (4). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Second reading Ordinance No. 16-10820 requesting the vacation of a 10 foot wide
north -south public utility easement that abuts Lots 89, 91, 93, 95, 97 and 99 on Fifth
Street and Lots 90, 92, 94, 96, 98 and 100 on Fourth Street all in the Original Town
(now City) of Salina, Saline County, Kansas and a 10 foot wide north -south public
alley that is located between Fifth Street and Fourth Street and between Ash Street
and East Iron Avenue in the Original Town (now City) of Salina, Saline County,
Kansas less the South 475 feet thereof to allow construction of the downtown field
house project in that location.
Mayor Blanchard noted that Ordinance No. 16-10820 was passed on first reading on
February 22, 2016 and since that time no comments have been received.
16-0081 Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Ordinance No. 16-
10820 requesting the vacation of a 10 foot wide north -south public utility easement that abuts Lots
89, 91, 93, 95, 97 and 99 on Fifth Street and Lots 90, 92, 94, 96, 98 and 100 on Fourth Street all in the
Original Town (now City) of Salina, Saline County, Kansas and a 10 foot wide north -south public
alley that is located between Fifth Street and Fourth Street and between Ash Street and East Iron
Avenue in the Original Town (now City) of Salina, Saline County, Kansas less the South 475 feet
thereof to allow construction of the downtown field house project in that location on second
reading. A roll call vote was taken. Aye: (4) Crawford, Davis, Ryan, Blanchard. Nay: (0). Motion
carried.
(7.2) Second reading Ordinance No. 16-10822 requesting approval of Article IV, Division
14 of the Salina Zoning Ordinance by amending the C-4 (Central Business) district
regulations to add bowling alleys to the list of permitted uses in Section 42-302 of
the C-4 district regulations.
Mayor Blanchard noted that Ordinance No. 16-10822 was passed on first reading on
February 22, 2016 and since that time no comments have been received.
16-0082 Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Ordinance No. 16-
10822 requesting approval of Article IV, Division 14 of the Salina Zoning Ordinance by amending
the C-4 (Central Business) district regulations to add bowling alleys to the list of permitted uses in
Section 42-302 of the C-4 district regulations on second reading. A roll call vote was taken. Aye:
(4) Crawford, Davis, Ryan, Blanchard. Nay: (0). Motion carried.
(7.3) Second reading Ordinance No. 16-10823 requesting the amendment of Section 42-
410(d) in Article VII, Planned Development District, of the Salina Zoning Ordinance
to clarify the status of conditional uses in planned commercial districts.
Mayor Blanchard noted that Ordinance No. 16-10823 was passed on first reading on
February 22, 2016 and since that time no comments have been received.
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16-0083 Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Ordinance No. 16-
10823 requesting the amendment of Section 42-410(d) in Article VII, Planned Development District,
of the Salina Zoning Ordinance to clarify the status of conditional uses in planned commercial
districts on second reading. A roll call vote was taken. Aye: (4) Crawford, Davis, Ryan, Blanchard.
Nay: (0). Motion carried.
(7.4) Second reading Ordinance No. 15-10810 requesting approval of zoning change from
R-2 (Multi -Family Residential) district to a PDD (P -[EX]), (Public Use -Exposition
Facilities) Planned Development District and the approval of a preliminary site
development plan for proposed entryway improvements for the Bicentennial
Center, including an electronic message center sign to be located at the southwest
corner of South Ohio and the Midway (Application #PDD15-1/1A, filed by the City
of Salina).
Mayor Blanchard noted that Ordinance No. 15-10810 was passed on first reading on
November 2, 2015 and since that time, modifications to the ordinance had been made.
Dean Andrew, Director of Planning, explained Ordinance No. 15-10810 had been modified
to add two additional findings made by the City Commission at their November 2, 2015
meeting and to add a condition that the electronic message sign be encased in a shroud at
least 11 inches in width around all four sides of the sign.
Mayor Blanchard asked if the change was the zoning change from R-2 district to PDD
Planned Development District. Mr. Andrew stated yes.
16-0084 Moved by Commissioner Crawford, seconded by Commissioner Ryan, to adopt Ordinance No. 15-
10810 requesting approval of zoning change from R-2 (Multi -Family Residential) district to a PDD
(P -[EX]), (Public Use -Exposition Facilities) Planned Development District and the approval of a
preliminary site development plan for proposed entryway improvements for the Bicentennial
Center, including an electronic message center sign to be located at the southwest corner of South
Ohio and the Midway (Application #PDD15-1/1A, filed by the City of Salina) on second reading.
Mayor Blanchard stated the development plans for the sign included landscaping and
asked when the landscaping would be completed. Mr. Andrew stated the landscaping
would be done according to the landscaping planting list during a later phase.
Mayor Blanchard asked for a timeline on the sign installation. Jason Gage, City Manager,
stated there were 3 portions of the project remaining. Ron Rideout, Global Spectrum, stated
the sign installation would start in June, 2016 and would be completed by September, 2016.
A roll call vote was taken. Aye: (4) Crawford, Davis, Ryan, Blanchard. Nay: (0). Motion carried.
(7.5) Resolution No. 16-7331 authorizing the Mayor to execute an engineering design
services agreement with H.W. Lochner, Inc. for Country Club Road Improvements.
Dan Stack, City Engineer, explained the agreement and project.
Commissioner Crawford asked where the retaining wall would be located. Mr. Stack stated
in front of Marymount Properties.
Commissioner Davis asked how wide the sidewalks would be. Mr. Stack stated the street
would include bike lanes and stated staff would bring the item back to the City
Commission in a study session to discuss the sidewalk portion of the project.
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Commissioner Davis stated there were times vehicles parked on the north side of the road
and asked if they would be able to park there after the project was complete. Mr. Stack
stated it would depend on the type of curbing installed.
A conversation ensued between the City Commission, Mr. Stack and Jason Gage, City
Manager, regarding the project time frame, project phases and detours.
16-0085 Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Resolution No. 16-
7331 authorizing the Mayor to execute an engineering design services agreement with H.W.
Lochner, Inc. for Country Club Road Improvements, City Project 63143. Aye: (4). Nay: (0).
Motion carried.
(7.6) Resolution No. 16-7330 adopting the 2016-2020 Capital Improvement Program.
Rod Franz, Director of Finance and Administration, explained the program.
Commissioner Davis asked for additional information on the funding of the Community
Field House. Mr. Franz stated the city funding was currently set at $4.5 million with an
additional $4.5 million in private funds.
A conversation ensued between the City Commission, Mr. Franz and Jason Gage, City
Manager, regarding the mill levy and the projects within the plan.
16-0086 Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Resolution No. 16-
7330 adopting the 2016-2020 Capital Improvement Program. Aye: (4). Nay: (0). Motion carried.
(7.7) Resolution No. 16-7329 establishing and amending fees in the Comprehensive fee
schedule related to Emergency Medical Services.
Rod Franz, Director of Finance and Administration, explained the fee changes.
Commissioner Crawford asked if the round-trip transport service was covered by
Medicare. Mr. Franz stated he was not sure if the service was covered by insurance.
Commissioner Davis asked if the round-trip transport would also incur the waiting time
fee. Mr. Franz stated yes.
Commissioner Davis stated there was an availability of service in our community that some
other communities did not have.
16-0087 Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Resolution No. 16-
7329 establishing and amending fees in the Comprehensive fee schedule related to Emergency
Medical Services. Aye: (4). Nay: (0). Motion carried.
(7.8) First reading Ordinance No. 16-10825 granting a telecommunications franchise to
Nex-Tech, Inc.
Jason Gage, City Manager, explained the request.
Mayor Blanchard asked if Nex-Tech, Inc. would be involved in installation of distributed
antenna systems. Mr. Gage stated no.
16-0088 Moved by Commissioner Crawford, seconded by Commissioner Davis, to pass Ordinance No. 16-
10825 granting a telecommunications franchise to Nex-Tech, Inc on first reading. Aye: (4). Nay:
(0). Motion carried.
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(7.9) Restrictions on the use of spring steel animal traps in the city limits.
(7.9a) First reading Ordinance No. 16-10826.
(7.9b) Declare a compelling public interest exists to allow first and second reading
of the ordinance on the same day.
(7.9c) Second reading Ordinance No. 16-10826.
James Teutsch, Operations Manager, explained the code amendment.
Commissioner Davis asked what a vole was. Mr. Teutsch stated a vole was an oversized
mouse with a shorter tail.
Commissioner Crawford asked for additional information on spring steel traps. Vanessa
Cowie, Animal Shelter Supervisor, stated the use of live traps would not work for badgers
or red foxes, she continued to explain the process to trap the badgers using spring steel
traps.
Jason Gage, City Manager, stated the badgers were causing a lot of large holes within the
levee system and the rating from the Corp of Engineers could be lower and the opinion of
FEMA could be affected.
Mr. Teutsch stated the primary way to eliminate the animals would be to eliminate the food
source.
Commissioner Davis asked if the trap went inside the hole and if a child could lift the lid.
Mr. Teutsch stated the trap would be inside the hole and the lid would be attached by large
pins.
Mayor Blanchard asked if the pocket gophers and the badgers were located in the same
location. Mr. Teutsch stated all the badger holes were located within the voles' territory.
Commissioner Davis asked what would keep the badger from exiting at another location.
Charlie Lee, KSU Extension Wildlife Specialist, stated unless the badger had been involved
in a near trapping in the past, they would not know the trap was there.
Mayor Blanchard asked if badgers were common in the city. A badger was a carnivore and
would be more common in an agriculture environment not a suburban environment.
Judy Larson, 2801 Ray Avenue, asked if the trap would be used for coyotes as well as
badgers. Mayor Blanchard stated no.
16-0089 Moved by Commissioner Ryan, seconded by Commissioner Crawford, to pass Ordinance No. 16-
10826 on first reading. Aye: (4). Nay: (0). Motion carried.
16-0090 Moved by Commissioner Ryan, seconded by Commissioner Crawford, to declare a compelling
public interest exists for second reading approval of Ordinance No. 16-10826 on the same day as
the first reading. Aye: (4). Nay: (0). Motion carried.
16-0091 Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Ordinance No. 16-
10826 on second reading. A roll call vote was taken. Aye: (4) Crawford, Davis, Ryan, Blanchard.
Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
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(8.1) First reading Ordinance No. 16-10824 amending Section 2-208 through 2-211 and
addition Section 2-212 to the Salina Business Improvement District Design Review
Board ordinance.
Dean Andrew, Director of Planning, explained the amendments.
Mayor Blanchard asked what a cost recovery fee would be for the certificate of
compatibility. Mr. Andrew stated the primary direct cost would be postage costs.
Mayor Blanchard asked how many certificate of compatibility were issued last year. Mr.
Andrew stated twelve (12) permits were issued in 2015.
Mayor Blanchard stated he would be in favor of imposing a $35.00 certificate of
compatibility permit fee.
16-0092 Moved by Commissioner Ryan, seconded by Commissioner Davis, to pass Ordinance No. 16-10824
amending Section 2-208 through 2-211 and addition Section 2-212 to the Salina Business
Improvement District Design Review Board ordinance on first reading.
Mayor Blanchard asked if the motion included the application fee. Greg Bengtson, City Attorney,
stated the ordinance included language stating the fee would be included in Section 2-2 of the
Salina Code.
Aye: (4). Nay: (0). Motion carried.
(8.2) Report on Petition No. 4377, (filed by Salina Regional Health Center), requesting
closure and vacation of Wayne Court as a public street north of Wayne Avenue.
(8.2a) First reading Ordinance No. 16-10821.
(8.2b) Declare a compelling public interest exists to allow first and second reading
of the ordinance on the same day.
(8.2c) Second reading Ordinance No. 16-10821.
Commissioner Davis stated he was an employee of Salina Regional Health Center. Greg
Bengtson, City Attorney, stated Commissioner Davis would need to excuse himself from
participating in the item due to the establishment of a contract with Salina Regional Health
Center.
Commissioner Davis recused himself due to a conflict of interest.
Dean Andrew, Director of Planning, explained the vacation, affected utilities and Planning
Commission recommendation.
Jeff Maes, ComPro Realty, 157 S. Seventh Street, on behalf of Salina Regional Health Center,
thanked staff for all their help on this item.
16-0093 Moved by Commissioner Ryan, seconded by Commissioner Crawford, to pass Ordinance No. 16-
10821 on first reading. Aye: (3). Nay: (0). Motion carried.
16-0094 Moved by Commissioner Ryan, seconded by Commissioner Crawford, to declare a compelling
public interest exists for second reading approval of Ordinance No. 16-10821 on the same day as
the first reading. Aye: (3). Nay: (0). Motion carried.
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16-0095 Moved by Commissioner Ryan, seconded by Commissioner Crawford, to adopt Ordinance No. 16-
10821 on second reading. A roll call vote was taken. Aye: (3) Crawford, Ryan, Blanchard. Nay:
(0). Motion carried.
16-0096 Moved by Commissioner Ryan, seconded by Commissioner Crawford, to authorize the Mayor to
sign the Access Easement Agreement and a Quit Claim Deed quit claiming away the City of
Salina's reversionary interest in the vacated Wayne Court right-of-way. Aye: (3). Nay: (0). Motion
carried.
Commissioner Davis returned.
(8.3) Imposing a ninety (90) day moratorium on Salina Planning Commission
consideration of plats for subdivisions with frontage on an unpaved road and
suspending all related time limitations under Chapter 36 of the Salina Code for
consideration of such plats.
(8.3a) First reading Ordinance No. 16-10827.
(8.3b) Declare a compelling public interest exists to allow first and second
reading of the ordinance on the same day.
(8.3c) Second reading Ordinance No. 16-10827.
Jason Gage, City Manager, explained the concerns, Planning Commission direction and
schedule.
Commissioner Ryan asked if the timeframe was the least amount of time to get the item
completed. Mr. Gage stated yes but staff would work as quickly as possible and if it could
get done earlier, the moratorium could be lifted.
Greg Bengtson, City Attorney, stated the ability to complete the twenty (20) day notice
period up front would allow for the item to get completed that much sooner.
Stan Byquist, Magnolia Hills, Inc. 2601 S. Ohio, stated he understood the complexity of the
problem, hoped all parties involved could reach an agreement and stated Magnolia Hills,
Inc. would not have a need to access Holmes Road for another 7 years.
A conversation ensued between Mayor Blanchard and Mr. Gage regarding the access to
Holmes Road.
Mayor Blanchard asked if it was staff's plan to work with all developers on this item. Mr.
Gage stated yes.
Michael Schrage, Deputy City Manager, stated there was the possibility of an alternate
approach as the item was worked though.
A conversation ensued between Mayor Blanchard and Mr. Gage regarding the special
assessment approach.
Dean Andrew, Director of Planning, stated from the perspective of everyone involved, the
establishment of ground rules at the beginning of the process would be best.
16-0096 Moved by Commissioner Davis, seconded by Commissioner Crawford, to pass Ordinance No. 16-
10827 imposing a ninety (90) day moratorium on Salina Planning Commission consideration of
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plats for subdivisions with frontage on an unpaved road and suspending all related time
limitations under Chapter 36 of the Salina Code for consideration of such plats on first reading.
Aye: (4). Nay: (0). Motion carried.
16-0097 Moved by Commissioner Davis, seconded by Commissioner Crawford, to declare a compelling
public interest exists for second reading approval of Ordinance No. 16-10827 on the same day as
the first reading. Aye: (4). Nay: (0). Motion carried.
16-0098 Moved by Commissioner Davis, seconded by Commissioner Crawford, to adopt Ordinance No.
16-10827 imposing a ninety (90) day moratorium on Salina Planning Commission consideration of
plats for subdivisions with frontage on an unpaved road and suspending all related time
limitations under Chapter 36 of the Salina Code for consideration of such plats on second reading.
A roll call vote was taken. Aye: (4) Crawford, Davis, Ryan, Blanchard. Nay: (0). Motion carried.
OTHER BUSINESS
Mayor Blanchard stated the new City of Salina website would go live tomorrow morning.
Mayor Blanchard also announced the opening of West Iron Avenue and thanked city staff
and the contractor. Jason Gage, City Manager, stated the street markings still need to be
completed on Iron Avenue and the Chamber of Commerce and the City of Salina have a
ribbon cutting planned for the official opening of West Iron Avenue.
Mayor Blanchard stated there was an event at the Bicentennial Center called Plug -In Salina
tomorrow evening and encouraged citizens to attend.
(9.1) Request for executive session (personnel/real estate)
16-0099 Moved by Commissioner Ryan, seconded by Commissioner Crawford, to recess into executive
session for 50 minutes for the purpose of discussing matters pertaining to non -elected City
personnel for the reason that public discussion of the matter would violate the privacy rights of the
non -elected personnel involved and to discuss matters pertaining to the acquisition of real estate
for the reason that public discussion of the matter would adversely affect the City's position in
relation to acquisition of the real estate; and reconvene at 7:30 p.m.
The City Commission recessed into executive session at 6:40 p.m. and reconvened at 7:30
p.m. No action was taken.
16-0100 Moved by Commissioner Ryan, seconded by Commissioner Davis, to extend the current executive
session for an additional 15 minutes. Aye: (4). Nay: (0). Motion carried.
The City Commission recessed into executive session at 7:30 p.m. and reconvened at 7:45
p.m. No action was taken.
16-0101 Moved by Commissioner Ryan, seconded by Commissioner Davis, to extend the current executive
session for an additional 18 minutes. Aye: (4). Nay: (0). Motion carried.
The City Commission recessed into executive session at 7:45 p.m. and reconvened at 8:03
p.m. No action was taken.
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16-0102
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ADJOURNMENT
Moved by Commissioner Ryan, seconded by Commissioner Davis, that the regular meeting of the
Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting
adjourned at 8:03 p.m.
[SEAL]
ATTEST:
Sha di Wicks, CMC, City Clerk
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