10-09-2017 Minutes CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
October 9, 2017
4:00 p.m.
The City Commission convened at 2:30 p.m. for Downtown Streetscape 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
g silence.
Those present and comprising a quorum: Mayor Kaye J. Crawford (presiding), Commissioners Jon
Blanchard,Trent Davis, Melissa Rose Hodges, 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) The week of October 8-14, 2017 as "Fire Prevention Week" in the city of Salina.
Chief Royse provided information regarding work by the staff of the Salina Fire
Department in providing information to the citizens of Salina on the importance of
fire prevention. He continued by inviting the Governing Body to the national Guns-
n-Hoses event that will be held on Sunday, October 15, 2017 at Kansas Wesleyan
University. Troy Long, Fire Marshal, read the proclamation and announced
additional associated events.
Mayor Crawford thanked the Saline Fire Department staff for their hard work in Salina
from the citizens of Salina.
CITIZENS FORUM
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of October 2, 2017.
17-0280 Moved by Commissioner Hodges, seconded by Commissioner Davis, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) First reading Ordinance No. 17-10898 amending Chapter 38, Article I of the Salina
Code by adopting the 2017 Standard Traffic Ordinance.
(7.1b) Declare a compelling public purpose exists to allow first and second reading
on the same day. (At the discretion of the Governing Body).
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(7.1c) Second reading Ordinance No. 17-10898. (At the discretion of the Governing
Body).
Christina Trocheck, City Prosecutor, explained the amendments, local amendments and
action options.
• w Commissioner Davis asked for additional information on the new Section 133 of the
Standard Traffic Ordinance. Ms. Trocheck stated the change would require a bicycle in use
between sunset to sunrise to be equipped on the rear with a red reflector visible from 100
feet to 600 feet or a lamp that emits a red light visible from 500 feet, or the operator must
wear a device that emits a red or amber light visible from 500 feet.
Commissioner Davis asked if the lamp on the front of a bicycle was no longer required. Ms.
Trocheck stated the previous law required both a reflector and red light visible from the
rear and also a lamp on the front emitting white light.
Commissioner Ryan asked what the difference was in a golf cart with a Seg-way or a
wheelchair. Ms. Trocheck provided the definition of a golf cart and stated there were
specific definitions for most operated vehicles.
Commissioner Blanchard asked if the seat belt fine was already brought to the Commission
or if this was another increase. Ms. Trocheck stated staff had brought the seat belt fine to
the City Commission earlier in the year; it was simply incorporated into the Standard
Traffic Ordinance.
Commissioner Hodges asked if it was common to do a first and second reading on the
same day. Ms. Trocheck stated staff was prepared to place the ordinance in effect by
Thursday but could make arrangements if second reading was on a separate date. Mr. Gage
stated it was typical to place the items on the agenda with a request for a compelling public
purpose.
Greg Bengtson, City Attorney, stated there was an enormous amount of work in preparing
the next 2 items and it was extremely beneficial to keep the adoptions together to keep
them simultaneously. Ms. Trocheck stated it was easier for staff if the adoption dates were
kept together.
A conversation ensued between the Commission and Mr. Bengtson regarding the need for
the compelling public purpose.
17-0281 Moved by Commissioner Hodges, seconded by Commissioner Davis, to pass Ordinance No. 17-
10898 amending Chapter 38, Article 1 of the Salina Code by adopting the 2017 Standard Traffic
Ordinance on first reading. Aye: (5). Nay: (0). Motion carried.
17-0282 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to declare a compelling
public purpose exists for second reading approval of Ordinance No. 1740898 on the same day as
the first reading. Aye: (5). Nay: (0). Motion carried.
17-0283 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to adopt Ordinance No.
17-10898 amending Chapter 38, Article 1 of the Salina Code by adopting the 2017 Standard Traffic
1 Ordinance on second reading. A roll call vote was taken. Aye: (5) Blanchard, Davis, Hodges,
Ryan,Crawford. Nay: (0). Motion carried.
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(7.2) First reading Ordinance No. 17-10900 adopting Chapter 25, Article XIII of the Salina
Code pertaining to drug offenses.
(7.2b) Declare a compelling public purpose exists to allow first and second reading
on the same day. (At the discretion of the Governing Body).
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(7.2c) Second reading Ordinance No. 17-10900. (At the discretion of the Governing
y Body).
Christina Trocheck, City Prosecutor, explained the amendments and action options.
Commissioner Davis asked if what we were doing now was significantly different than
state law. Ms. Trocheck stated there were currently no ordinances for marijuana or drug
paraphernalia and citizens would be referred to the Saline County District Court. She
continued by stating the charges were handled through the Saline County Attorney's Office
and were filed by the Saline County District Court.
Mayor Crawford asked what the reason was for the adoption. Ms. Trocheck stated it was
by request of the Salina Police Department and stated it was a tradition in most
municipalities for the municipality to handle the charges of the drug offenses. She
continued by stating there would be an opportunity for a diversion program through
municipal court that was currently not available through the district court.
Jason Gage, City Manager, stated municipal court was able to develop a better approach for
docket management and case testifying to assist the police officers.
Commissioner Blanchard asked if this would change the enforcement of the offenses. Ms.
Trocheck stated no, it was simply to allow the municipal court to try the cases instead of all
of the cases going to district court. Ms. Trocheck stated it would also help to limit the
amount of time spent by police officers and evidence technicians in court.
Commissioner Hodges asked if the diversion policy would help limit the amount of
overcrowding in the jail. Ms. Trocheck stated it would help to elevate the jail overcrowding.
She continued to state an individual in violation would be provided a notice to appear in
court instead of being booked through the jail system.
17-0284 Moved by Commissioner Hodges, seconded by Commissioner Davis, to pass Ordinance No. 17-
10900 adopting Chapter 25, Article XIII of the Salina Code pertaining to drug offenses on first
reading. Aye: (5). Nay: (0). Motion carried.
17-0285 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to declare a compelling
public purpose exists for second reading approval of Ordinance No. 1710900 on the same day as
the first reading. Aye: (5). Nay: (0). Motion carried.
17-0286 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to adopt Ordinance No. 17-
10900 adopting Chapter 25, Article XIII of the Salina Code pertaining to drug offenses on second
reading. A roll call vote was taken. Aye: (5) Blanchard, Davis, Hodges, Ryan, Crawford. Nay: (0).
Motion carried.
(7.3) First reading Ordinance No. 17-10899 amending and repealing certain sections of
Chapter 25 of the Salina Code by adopting the 2017 Uniform Public Offense Code
for Kansas Cities.
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ffl (7.3b) Declare a compelling public purpose exists to allow first and second reading
on the same day. (At the discretion of the Governing Body).
(7.3c) Second reading Ordinance No. 1740899. (At the discretion of the Governing
Body).
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Christina Trocheck, City Prosecutor, explained the Uniform Public Offense Code (UPOC),
local amendments and action options.
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Commissioner Davis asked if the UPOC had a broader definition of a reckless discharge of
LS a firearm in the city. Ms. Trocheck stated the UPOC did not have a definition of a reckless
discharge of a firearm and stated the Salina Code currently had the definition and would be
a local amendment to the UPOC in the Saline Code under Section 10.5.
Commissioner Blanchard asked what a definition was of being reckless. Ms. Trocheck
stated a person disregarding a risk and a reasonable person disregarding a risk.
A conversation ensued between the Commission, Ms. Trocheck and Jason Gage, City
Manager, regarding reckless conduct.
Mr. Gage asked if all acts of accidental discharge was considered to be reckless discharge.
Ms. Trocheck stated not all accidents would lead to reckless discharge.
A conversation continued to ensue between the Commission and Ms. Trocheck regarding
reckless conduct.
a Mr. Gage asked if someone was handling a firearm in a place that a normal individual
would not handle a firearm, would that be considered as reckless conduct. Ms. Trocheck
stated that would be a reckless conduct.
Commissioner Davis asked if worthless checks would still be handled in the district court.
Ms. Trocheck stated yes, that was not a charge the municipal court would take on, it would
remain in the Saline County District Court.
Mayor Crawford asked if littering would be handled by the Salina Municipal Court. Ms.
Trocheck stated littering would be handled in municipal court and continued by providing
additional information regarding the charges for littering.
A conversation ensued between the Commission and Ms. Trocheck regarding littering.
Greg Bengtson, City Attorney, stated there was a need to amend the ordinance under
Section 10.5 (9) to amend the wording of Executive Director of the Salina Airport Authority
to include the designee and amend the title of the Salina Municipal Airport to read Salina
Regional Airport.
17-0287 Moved by Commissioner Hodges, seconded by Commissioner Davis, to pass Ordinance No. 17-
10899 amending and repealing certain sections of Chapter 25 of the Salina Code by adopting the
2017 Uniform Public Offense Code for Kansas Cities, with the change of Section 10.5 (9) changing
the gender specific pronoun and changing the wording from Salina Municipal Airport to Salina
Regional Airport on first reading. Aye: (5). Nay: (0). Motion carried.
117-0288 Moved by Commissioner Davis, seconded by Commissioner Hodges, to declare a compelling
public purpose exists for second reading approval of Ordinance No. 17-10899 on the same day as
the first reading. Aye: (5). Nay: (0). Motion carried.
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,17-0289 Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Ordinance No. 17-
10899 amending and repealing certain sections of Chapter 25 of the Salina Code by adopting the
2017 Uniform Public Offense Code for Kansas Cities, with the change of Section 10.5 (9) changing
the gender specific pronoun and changing the wording from Salina Municipal Airport to Salina
Regional Airport on second reading. A roll call vote was taken. Aye: (5) Blanchard, Davis,
Hodges, Ryan, Crawford. Nay: (0). Motion carried.
(7.4) Resolution No. 17-7485 authorizing the Mayor to enter into a Supplemental
Agreement relating to the Development Agreement for the Salina Downtown STAR
Bond Project District.
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Jason Gage,City Manager,explained the agreement and action options.
Commissioner Blanchard stated he did receive a phone call from Trace Walker who stated
that Bob Johnson and Larry Britegam would be in attendance at the meeting. He continued
by asking within the January 5, 2017 letter from the Secretary of Commerce regarding the 9
conditions specifically #6 pertaining to the City entering into a binding development
agreement, subject to the approval of the Secretary of Commerce, to fund and build the
private project components, and asked if there was enough time to meet the end of October
deadline. Mr. Gage stated the transferee agreements would be in line with the downtown
streetscape project and continued by providing additional information on the timeline for
the transferee agreements.
Bob Johnson, representative of Salina2020, stated the Secretary of Commerce had seen the
template of the transferee agreement and stated the transferee agreements would need to
be in place prior to bond issuance.
Commissioner Blanchard asked if there would be a similar footprint of the projects brought
to the City Commission in January of 2017. Mr. Johnson stated he did not see a drastic
difference in the footprint of the projects.
Commissioner Blanchard asked what was in the supplemental agreement that points to a
retail mix that was most marketable. Mr. Johnson stated there was projection information
within the agreement that reflected on the new developers. Mr. Gage stated there would be
a need for judgement and stated there could be additional tools useful in making a
decision.
Michael Schrage, Deputy City Manager, stated there were additional tools in Exhibit E that
would allow for additional contemplation of the use of the funding.
Commissioner Blanchard asked if a retailer would relocate from one location to another or
leave town, but would not qualify for STAR Bond proceeds, how could this situation be
handled. Mr. Johnson stated there could be a mix of reasons why a project could be a good
project but maybe not in the particular area. Mr. Gage stated there could be reasons to leave
those out of the downtown development area.
Commissioner Blanchard asked if Salina2020 had recruited a retail consultant. Mr. Johnson
stated Salina2020 had recruited an individual that was knowledgeable in retail but was not
a firm that specialized in retail.
Commissioner Blanchard asked if there was a provision to add addendums in the future.
Mr. Gage stated there was always an opportunity to add addendums in the future. He
continued by stating the purpose of Exhibit E being so vague, allowed for flexibility when
projects were brought forward.
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a 17-0290 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to adopt Resolution No.
17-7485 authorizing the Mayor to enter into a Supplemental Agreement with Salina2020. Aye: (5).
Nay: (0). Motion carried.
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(7.5) Report on prior actions related to amending the City's Personnel Manual, Article 4
"Equal Opportunity" and Article 5 "Sexual and Other Workplace Harassment
Policy" to add reference to "sexual orientation and gender identity".
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Jason Gage, City Manager, reported on the prior actions, application issues for discussion,
federal and state enforcement and action options.
Commissioner Blanchard asked if the state or federal enforcement portion was in effect
when the original changes were made in the Personnel Manual in 2012. Mr. Gage stated the
enforcement portion was not in place when the original changes were made in 2012.
Mayor Crawford provided her thoughts on the item and the need to postpone the item to
the future. She continued to state that there were some items she would like to see come
before the City Commission prior to the end of the current terms.
Commissioner Blanchard provided his thoughts on the possible amendments to the City's
Personnel Manual relating to sexual orientation and gender identity and was ready to put
the item on the agenda for next week.
Commissioner Ryan provided his thoughts on the item and felt action should be postponed
to a later date.
Commissioner Blanchard asked if the City's Personnel Manual items would be placed on
an election ballot. Mr. Gage stated it would not normally be placed on an election ballot
and there had not been any discussion with City of Salina staff regarding the amendments.
Mayor Crawford asked how long it would take to prepare the documents and return the
item to the City Commission. Mr. Gage stated he did not think the preparation on drafting
the documents would take very long but the conversations with employees and employee
groups could be a more difficult process requiring educating the employees.
Mayor Crawford asked if there would be an agreement before the end of the year with
Saline County. Mr. Gage stated it would be up to the City Commission and there could be
additional work for legal if a decision was made.
Commissioner Davis asked if there was a prohibition to place the amendments within the
City's Personnel Manual. Mr. Gage stated there was not a prohibition to have articles in the
City's Personnel Manual pertaining to sexual orientation and gender identity.
Commissioner Hodges stated the item was on the agenda due to her request; she provided
her thoughts on the agenda item and stated she had been doing a lot of reading through
Standard Human Resource Management and continued to provide her thoughts on the
agenda item and the need to include the amendments in the City's Personnel Manual.
Commissioner Davis asked if there was a way to determine how long it would take to
process the request. Mr. Gage stated staff would need to have conversations with City of
Salina staff and have a clear interpretation perspective from legal prior to implementation.
He continued by stating he was not sure how long it would take to prepare the item.
A conversation ensued between the Commission and Mr. Gage regarding employee
surveys.
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Gary Martens, 821 Highland, provided his thoughts on the amendments to the City's
Personnel Manual regarding sexual orientation and gender identity. He continued by
stating the amendments were in place for 6 months in 2012 and the City of Salina was able
to handle the addition of the amendments.
Mr. Gage stated there was not an employee issue because the original adoption of Chapter
13 of the Salina Code pertained to the entire community.
N Commissioner Blanchard asked if Article 4 and 5 as they were presented and approved on
December 17, 2012 could be placed on the agenda for the October 16, 2017 City
Commission meeting and asked what staff time it would take. Mr. Gage stated the amount
of staff time to prepare the item would be minimal but implementation and conversations
with staff would take the most time.
A conversation ensued between the Commission and Mr. Gage regarding the
implementation of the Articles if they were approved.
Commissioner Davis provided his thoughts on the agenda item and the need to not avoid
the topic.
A conversation continued to ensue between the Commission and Mr. Gage regarding the
implementation of the Equal Opportunity and Sexual and Other Workplace Harassment
Policy Articles in the City's Personnel Manual and developing language pertaining to
public accommodations.
Commissioner Blanchard asked if he wished to make a motion to place an item on the
agenda, did it have to be placed on the next meeting agenda or could it be date specific.
Greg Bengtson, City Attorney, stated the motion could be date specific.
17-0291 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to place the
consideration of amending the City's Personnel Manual, Article 4 "Equal Opportunity" and Article
5 "Sexual and Other Workplace Harassment Policy" to add reference to "sexual orientation and
gender identity" and public accommodations on the November 6, 2017 City Commission agenda.
Mayor Crawford asked if staff would still be able to stay on schedule for additional topics
that could be completed by the end of the year. Mr. Gage stated the preparation of the
agenda item would not take much time but the implementation and conversations with
staff would take longer if the item was approved.
Commissioner Davis asked how accommodations would be dealt with in the City/County
Building. Mr. Gage stated it would only apply to facilities owned by the City of Salina and
not the City/County Building. He continued by stating if the City Commission wished to
have the accommodations for the facilities within the City/County Building the request
would have to go before the City/County Building Authority.
Mayor Crawford restated the motion to place the consideration of the amending the City's
Personnel Manual, Article 4 "Equal Opportunity" and Article 5 "Sexual and Other Workplace
Harassment Policy", to add reference to "sexual orientation and gender identity" and public
accommodations on the November 6, 2017 City Commission agenda. Aye: (4). Nay: (1) Ryan.
Motion carried.
(7.6) Resolution No. 17-7481 formally adopting the amended Cihy of Salina Municipal
Naming Guidelines.
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Jason Gage,City Manager, explained the amendments and the action options.
Commissioner Davis asked if a commercial naming category would like the timeframe of
the naming. Mr. Gage stated the policy would leave open the specifics of an agreement for
commercial naming.
A conversation ensued between the Commission and Mr. Gage on the commercial naming
category.
17-022 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to adopt Resolution No.
17-7481 formally adopting the amended City of Salina Municipal Naming Guidelines as proposed.
3 Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
None.
OTHER BUSINESS
Mayor Crawford thought the Commission Information Memorandum (CIM) prepared by Chief
Nelson was excellent and asked staff to pass the word along to him. She continued to provide
information from the letter attached to the CIM from the Central Kansas Mental Health Center for
the work of Detective Andrew Zeigler and Detective Lane Mangels with Central Kansas Mental
Health Center. She also continued by commending Officer Dave Villanueva, Detective Crystal
Hornseth, Detective Lane Mangels, Seargent James Feldmen, Detective Matt Halton, Detective
Rachel Larson, Detective Crystal Marks, Detective Tim Hoesli, Detective Amanda Londono and
Detective Chris Venables for their assistance to the United States Postal Service during an
investigation.
Commissioner Davis stated the signage within the Salina Regional Airport Industrial Center area
could be updated for easier reading. Mr. Gage stated staff would work on updating the street signs
in the area.
Commissioner Davis stated he was able to play basketball at the Salina Fieldhouse recently and
noticed the pictures of what the property used to look like but asked for the status of the plaque
listing the funding for the facility. He continued by stating the need to include the City
Commissioners on the list and the current Mayor.
Commissioner Hodges stated the Smoky Hill Museum had a plaque that recognized the City
Manager and felt that should be included on the plaque for the Salina Fieldhouse.
Commissioner Blanchard thanked Jim Kowach and Jim Teutsch for their help on the Fall Fix-Up
and thanked the crew of city workers for their help on the Fall Fix-Up day as well. He continued
by welcoming Ms. Driscoll the new Director of Community & Development Services.
ADJOURNMENT
17-0293 Moved by Commissioner Davis, seconded by Commissioner Hodges, that the regular meeting of
the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 6:43 p.m.
[SEAL] Kaye . Cr• f , Mayor
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ATTEST:
OkkaikOLL (k)
Shandi Wicks, CMC, City Clerk
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