09-12-2016 MinutesCITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
September 12, 2016
4:00 p.m.
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w The City Commission convened at 3:00 p.m. for City-County Building Security/ Conceal Carry
Law and at 3:45 p.m. for Citizens Forum.
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The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107,
s 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 Kaye J. Crawford (presiding), Commissioners Jon
Blanchard, Trent Davis, Randall Hardy, and Karl Ryan.
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) Mayor Crawford to recognize Training Division Chief Larry Hemphill.
Mayor Crawford thanked Mr. Hemphill for his years of service to the City of Salina
and the citizens of Salina. Mr. Hemphill thanked the citizens of Salina and the City
of Salina.
(3.2) The period of September 15 through October 15, 2016 as "Hispanic Heritage Month"
in the city of Salina. Yornely Felix and Mayela Campa, read the proclamation and
announced associated events.
CITIZENS FORUM
Chris Rios, Firefighter & Paramedic, Salina Fire Department, thanked the City Commission
for allowing the firefighters to gather funds for MDA.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of August 22, 2016.
(6.2) Approve the minutes of August 26, 2016.
(6.3) Authorize the purchase of twenty (20) filter valve actuators for the Water Treatment
Plant from Mid-America Valve in the amount of 544,600.
(6.4) Acceptance of the utility easement dedications on the Corrected Plat for Lots 4 and
5, Block 5 of the Highland Meadows Hamlet Addition.
(6.5) Acceptance of offered public utility easement and right-of-way dedications for the
South Ohio Street Utility Extension project.
Commissioner Hardy requested that Item 6.3 be removed from the consent agenda.
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116-1151 Moved by Commissioner Davis, seconded by Commissioner Ryan, to approve the consent agenda,
less item 6.3. Aye: (5). Nay: (0). Motion carried.
(6.3) Authorize the purchase of twenty (20) filter valve actuators for the Water Treatment
Plant from Mid-America Valve in the amount of $44,600.
w Commissioner Hardy asked for clarification on the bidding process for the project. Martha
Tasker, Director of Utilities, explained bid and work performed in 2015 with Mid-America
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Valve
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16-0372 Moved by Commissioner Hardy, seconded by Commissioner Davis, to authorize the purchase of
3 twenty (20) filter valve actuators for the Water Treatment Plant from Mid-America Valve in the
amount of 544,600. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) First reading Ordinance No. 16-10860 amending Chapter 38, Article 1 of the Salina
Code by adopting the 2016 Standard Traffic Ordinance..
(7.1a) Declare a compelling public interest exists to allow first and second reading
on the same day.
(7.1b) Second reading Ordinance No. 16-10860.
Christina Trocheck, City Prosecutor, explained the amendments and action options.
Commissioner Davis asked if there were any disadvantages to allow for second reading on
a separate date. Ms. Trocheck stated she was not aware of any disadvantages.
Greg Bengtson, City Attorney, stated changes made on the state level typically were
adopted as soon as possible.
Commissioner Blanchard asked if Section 85 (a) 1 was similar to yard parking. Ms.
Trocheck stated the front yard parking should be addressed separately in a different section
of the code.
16-0353 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to pass Ordinance No. 16-
10860 amending Chapter 38, Article 1 of the Salina Code by adopting the 2016 Standard Traffic
Ordinance on first reading. Aye: (5). Nay: (0). Motion carried.
16-0354 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to declare a compelling
public purpose exists for second reading approval of Ordinance No. 16-10860 on the same day as
the first reading. Aye: (5). Nay: (0). Motion carried.
16-0355 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to adopt Ordinance No.
16-10860 amending Chapter 38, Article 1 of the Salina Code by adopting the 2016 Standard Traffic
Ordinance on second reading. A roll call vote was taken. Aye: (5) Blanchard, Davis, Hardy, Ryan,
Crawford. Nay: (0). Motion carried.
(7.2) First reading Ordinance No. 16-10859 amending Section 5-1 of the Salina Code
pertaining to Possession or Consumption of Alcoholic Beverage by a Minor.
(7.2a) Declare a compelling public interest exists to allow first and second reading
on the same day.
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(7.2b) Second reading Ordinance No. 16-10859.
Christina Trocheck, City Prosecutor, explained the amendments and action options.
Commissioner Blanchard asked if the exemption extended to the parents. Ms. Trocheck
w stated law enforcement could arrest the minor but the city prosecutor could not press
charges against the individual.
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8 Commissioner Blanchard asked if this amendment put law enforcement in a difficult
situation. Ms. Trocheck stated as long as the reporting party remains on scene, the situation
could be handled according to the amendment.
Jason Gage, City Manager, asked what the compelling purpose was on this amendment.
Ms. Trocheck stated the amendment was put in effect July 1�t and staff was trying to get it
adopted in as soon as possible.
A conversation ensued between the Commission, Mr. Gage and Ms. Trocheck regarding
the amendment, conflict with discrimination and the practices of law enforcement during
this amendment.
Commissioner Davis asked what constituted a medical emergency and if the minor would
be provided education. Ms. Trocheck stated the state statue did not address what
constituted a medical emergency and stated the education classes would only occur if a
diversion or prosecution occurred and a case was filed.
Commissioner Blanchard asked if as a city prosecutor she would approve the amendment.
Ms. Trocheck stated she would.
Mr. Gage asked if the legislature had research history on the amendment. Ms. Trocheck
stated she did not know the history of the legislature history but provided her past
experiences as an attorney.
Commissioner Davis asked how many minors could remain on the scene and fall under the
amendment. Ms. Trocheck stated it could be multiple minors.
Mr. Gage asked if a sprain and strain could fall under the amendment. Ms. Trocheck stated
it would be under the discretion of the city prosecutor based on the case.
A conversation ensued between the Commission, Mr. Gage and Ms. Trocheck regarding
the amendment.
16-0356 Moved by Commissioner Ryan, seconded by Commissioner Hardy, to pass Ordinance No. 16-
10859 amending Section 5-1 of the Salina Code pertaining to Possession or Consumption of
Alcoholic Beverage by a Minor on first reading.
Commissioner Davis asked if a city had any authority to not accept it. Greg Bengtson, City
Attorney, stated a city could either be involved or not involved on the amendment.
Commissioner Blanchard asked if the amendment was strictly regarding the consumption by a
minor. Ms. Trocheck stated yes.
IAye: (5). Nay: (0). Motion carried.
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16-0357 Moved by Commissioner Ryan, seconded by Commissioner Davis, to declare a compelling public
purpose exists for second reading approval of Ordinance No. 16-10859 on the same day as the first
reading. Aye: (5). Nay: (0). Motion carried.
16-0-8 Moved by Commissioner Ryan, seconded by Commissioner Hardy, to adopt Ordinance No. 16-
10859 amending Section 5-1 of the Salina Code pertaining to Possession or Consumption of
W Alcoholic Beverage by a Minor on second reading. A roll call vote was taken. Aye: (5) Blanchard,
y Davis, Hardy, Ryan, Crawford. Nay: (0). Motion carried.
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(7.3) Chapter 25 Code Amendments.
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(7.3a) First reading Ordinance No. 16-10858 amending Section 25-91 of the Salina
Code pertaining to theft and Section 25-92 of the Salina Code pertaining to
intent to permanently deprive.
(7.3b) Declare a compelling public interest exists to allow first and second reading
on the same day.
(7.3c) Second reading Ordinance No. 16-10858.
(7.3d) First reading Ordinance No. 16-10861 amending Section 25-52 of the Salina
Code pertaining to battery against a law enforcement officer.
(7.3e) Declare a compelling public interest exists to allow first and second reading
on the same day.
(7.30 Second reading Ordinance No. 16-10861.
Christina Trocheck, City Prosecutor, explained the amendments and action options for
Ordinance No. 16-10858.
Commissioner Ryan asked for information on the intent to permanently deprive. Ms.
Trocheck stated there was a list of presumptions that the individual intended to
permanently deprive the owner of the property and provided explanations of the intent.
Commissioner Blanchard asked for information pertaining to regulated scrap metal. Ms.
Trocheck stated the theft of scrap metal has grown so that was added to the list of
presumptions.
Ms. Trocheck, explained the amendments and action options for Ordinance No. 16-10861.
Commissioner Blanchard asked if the individual would have to be on duty. Ms. Trocheck
stated the amendment applied for law enforcement personnel that was on duty and
engaged in the duty of the individual's job position.
16-0359 Moved by Commissioner Hardy, seconded by Commissioner Davis, to pass Ordinance No. 16-
10858 amending Section 25-91 of the Salina Code pertaining to theft and Section 25-92 of the Salina
Code pertaining to intent to permanently deprive on first reading. Aye: (5). Nay: (0). Motion
carried.
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16-0360 Moved by Commissioner Hardy, seconded by Commissioner Davis, to declare a compelling public
purpose exists for second reading approval of Ordinance No. 16-10858 on the same day as the first
reading. Aye: (5). Nay: (0). Motion carried.
16-0361 Moved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Ordinance No. 16-
10858 amending Section 25-91 of the Salina Code pertaining to theft and Section 25-92 of the Salina
Code pertaining to intent to permanently deprive on second reading. A roll call vote was taken.
N Aye: (5) Blanchard, Davis, Hardy, Ryan, Crawford. Nay: (0). Motion carried.
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16-03P2 Moved by Commissioner Hardy, seconded by Commissioner Davis, to pass Ordinance No. 16-
10861 amending Section 25-52 of the Salina Code pertaining to battery against a law enforcement
officer on first reading. Aye: (5). Nay: (0). Motion carried.
16-0363 Moved by Commissioner Hardy, seconded by Commissioner Davis, to declare a compelling public
purpose exists for second reading approval of Ordinance No. 16-10861 on the same day as the first
reading. Aye: (5). Nay: (0). Motion carried.
16-0364 Moved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Ordinance No. 16-
10861 amending Section 25-52 of the Salina Code pertaining to battery against a law enforcement
officer on second reading. A roll call vote was taken. Aye: (5) Blanchard, Davis, Hardy, Ryan,
Crawford. Nay: (0). Motion carried.
Greg Bengtson, City Attorney, stated there was a statutory requirement for ordinances to contain
only one subject matter.
(7.4) Resolution No. 16-7398 amending the City of Salina's Personnel Manual.
Natalie Fischer, Director of Human Resources, explained the amendments and action
options.
Commissioner Davis asked if there were activities that city employees could not do
pertaining to elections and speech. Jason Gage, City Manager, stated the involvement of
employees for city elections and stated most employees were not aware of the limitations of
speech and provided examples.
A conversation ensued between the Commission and Mr. Gage regarding freedom of
speech and expression.
Commissioner Blanchard asked cohere a threatening behavior escalates into violence. Mr.
Gage stated there was a difference in use of a weapon and being threatening and being
threatening and not having a weapon.
A conversation ensued between the Commission, Mr. Gage and Jake Peterson, Clark, Mize
& Linville, regarding possession and use of dangerous weapons by employees.
Commissioner Blanchard asked for information on the level of tolerance by the City of
Salina and disciplinary actions regarding accidental discharge. Mr. Gage stated the
situations would be acknowledged and addressed and staff would need pertinent
information pertaining to the specifics of the situation. Mr. Peterson stated the legislature
would not address the actual discharge of the weapon but the City could discipline the
employee. Mr. Gage stated City staff could not tell an employee they could not have the
weapon.
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Mr. Gage stated the storage of weapons ,vas not allowed. A conversation ensued between
the Commission, Mr. Gage and Ms. Fischer regarding the storage of weapons.
116-0365 Moved by Commissioner Davis, seconded by Commissioner Blanchard, to adopt Resolution No.
16-7398 amending the City of Salina's Persontwl Manual. Aye: (5). Nay: (0). Motion carried.
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w (7.5) Resolution No. 16-7399 authorizing the City Manager to execute the Agreement to
acquire and to accept easement from The Catherine H. Cline Trust.
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Greg Bengtson, City Attorney, explained the agreement and action options.
16-03,6 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to adopt Resolution No.
16-7399 authorizing the City Manager to execute the Agreement to acquire and to accept easement
from The Catherine H. Cline Trust. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
None.
OTHER BUSINESS
Mayor Crawford attended the 9-11 event at the Salina Airport Authority, explained the
sculpture and encouraged individuals to go see it.
Commissioner Blanchard asked for clarification on the meeting date of October 10, 2016.
Jason Gage, City Manager, stated staff would work to determine the schedule and let the
City Commission know.
ADJOURNMENT
16-0367 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 5:29 p.m.
[SEAL] K e J. a ord, Mayor
ATTEST:
Shandi Wicks, CMC, City Clerk
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