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10-01-2018 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 1, 2018 4:00 p.m. The City Commission convened at 2:30 p.m. for 2019-2023 Capital Improvement Plan (CIP), and at w 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 8 silence. Those present and comprising a quorum: Mayor Karl F. Ryan (presiding), Commissioners Trent Davis, Melissa Rose Hodges, and Mike Hoppock. Also present: Michael Schrage, Interim City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. Absent: Commissioner Joe Hay,Jr. AWARDS AND PROCLAMATIONS (3.1) The month of October, 2018 as "Community Planning Month" in the city of Salina in conjunction with the celebration of National Community Planning Month. Owen Freiburger, Planning Commission Chair, read the proclamation and announced the year's theme and associated events. (3.2) The month of October, 2018 as "National Arts and Humanities Month" in the city of Salina. Anna Pauscher, Arts Education Coordinator with Arts and Humanities read the proclamation and Grace Peterson, Visual Arts Coordinator with Arts and Humanities announced associated events. CITIZENS FORUM Jon Blanchard, 1117 State Street, provided information on a private group that was collecting information on changes to the meeting dates and times along with the frequency of meetings in a month to allow more citizens to attend. He stated information on social media through the public could have gaps and stated any information the City Commission could provide to fill in those gaps could be helpful. He further stated contact was made with Bruce Moore's employer about questioning his boss about the standards of conduct expected from Mr. Moore in his job. He further provided additional information on the situation. Michael Schrage, Interim City Manager, stated it was at his request that a staff person in the city manager's office inquired of the Department of Labor whether there was a code of conduct applicable to an administrative law judge. He continued to state the intention was not to disclose the City of Salina nor Bruce Moore; it was solely with the intent to figure out the process for potential future work comp cases. He further stated from his vantage point the public comment portion and Vanessa Cowie personnel matter had run its course and his focus at the moment was how to move forward with the animal shelter as well as consider the organizations interests with respect to future work comp claims. He asked his staff person to reach out to the Department of Labor with respect to fair and impartial work comp claims in the future. Commissioner Hodges asked when staff had made the decision to contact the Department Page 1 of Labor if they had consulted legal counsel. Mr. Schrage stated he attempted to seek advise from three (3) different firms who all declined for fear of a conflict of interest as it related to their representation of work comp claims. Commissioner Hodges asked if staff seeked to obtain approval for that action from the governing body or if the governing body had any prior knowledge of it. Mr. Schrage stated he did not anticipate it would turn out like it did. He continued to state if a similar question was asked of city staff he would expect a straight forward answer without any conduct like the way this situation played out at all. Commissioner Hodges stated she did visit with Mr. Cairns on Friday, who was Mr. Moore's supervisor and Mr. Cairns indicated it was a very unusual request that had to be fielded to other staff members in the department. She continued to provide her thoughts on Mr. Moore and the citizen engagement process. Commissioner Hodges asked where we were going with the standards received from the Department of Labor. Mr. Schrage stated he was trying to figure out the path and was trying to make an informed decision on the possibility of recusal as it relates to work comp claims on behalf of the City of Salina, our component units and anyone else that might be associated with the City of Salina. He continued to state he expected public comment was concluded and the personnel matter had been worked through, and there was no intention of dissuading anyone from speaking in public comment, it was purely trying to address the two remaining issues he sees as it relates to this matter, getting the animal shelter back on track and looking out for the interest of the organization and whether there would be an opportunity to request a recusal. Commissioner Hodges asked if Mr. Moore had done anything to earn our distrust or provided a negative opinion on a work comp claim he would have in front of him at this point. Mr. Schrage stated as it related to work comp, no. Commissioner Hoppock asked what type of work Mr. Bruce Moore did. Mr. Schrage stated Mr. Moore was an administrative law judge that considered work comp claims in a region and has considered or would consider City of Salina work comp claims if they arose. Mayor Ryan provided his thoughts on the matter. Mr. Schrage acknowledged publicly, had he anticipated that the Department of Labor would have responded to our question the way they did, and it would have turned into the appearance of being targeted to Mr. Moore, rather than an attempt to gather information that he couldn't gather by other means, he wouldn't have proceeded as they did. He would expect employee's of the City of Salina that they would not respond that way and would answer the question. Nicole Krob, 231 South Clark Street, asked for the process to move the animal shelter from the Parks & Recreation. Michael Schrage, Interim City Manager, stated at the point the animal shelter came into the city organization, it was a decision made by the city manager. He continued to state past practice was for the city manager to make the decision. He further stated if the City Commission wanted to take the issue up, they could but in the interim staff had consulted a couple consultants to put together alternate business models for opportunities for the department including a non-profit or privatized model. He continued to provide additional information and stated the decision was ultimately up to the City Commission. Commissioner Hoppock stated there was not a best practice on where the animal shelter Page 2 should fit. He continued to state the commission would analyze and review it and make the best decision for the community. Ms. Krob asked why the 34 pages of grievances filed by Vanessa Cowie were not processed. Mr. Schrage explained the city grievance process and stated he had met with Ms. Cowie on the grievances filed and had made notes but his first priority was to keep the animal shelter running and review his notes to address any management issues that may arise. Brandi Wicks, 944 Hancock, stated she had been dealing with sewer line issues for quite some time and provided detailed information pertaining to her issue. She continued to state her sewer line was connected with the sewer line of Sunset Park. Michael Schrage, Interim City Manager, provided Ms. Wicks with his business card and offered to setup a meeting with her. Commissioner Joe Hay,Jr.joined the meeting at 4:36 p.m. Ms. Wicks continued to provide information on the situation. Willie Isom, Salina, provided information on three (3) requests to speak to the Chief of Police and stated he was advised by an officer he was not allowed to speak to the Chief of Police. Mayor Ryan stated the Chief of Police was at the meeting and he could speak to him today. Michael Schrage, Interim City Manager, provided Mr. Isom his card and told him he could contact him anytime. Norman Mannel, Salina, Kansas, provide his thoughts on the actions of the Mayor over the last six (6) months. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of September 17, 2018. (6.2) Approve the minutes of September 18, 2018. 18-0399 Moved by Commissioner Hodges, seconded by Commissioner Hay, to approve the consent agenda as presented. Aye: (3). Nay: (0). Motion carried. ADMINISTRATION (7.1) First reading Ordinance No. 18-10973 amending Chapter 38, Article I of the Salina Code by adopting the 2018 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). (7.1c) Second reading Ordinance No. 18-10973. (At the discretion of the Governing Body). Christina Trocheck, City Prosecutor, explained the amendments, local amendments and action options. Commissioner Davis asked if Section 30.2 was removed could a citizen refuse a preliminary breath test. Ms. Trocheck stated Section 30.2c would be removed and it was still a tool that Page 3 law enforcement officers could utilise in an investigation concerning a potential impaired driver but it was no longer considered a traffic infraction to refuse a preliminary breath test. Commissioner Davis stated there was no consequence to refusing a preliminary breath test. z Ms. Trocheck stated correct. Commissioner Hoppock asked what the current consequence was for refusing a preliminary breath test. Ms. Trocheck stated municipal court had not been charging those due to staff watching the progression of the issue through the appellate court. She continued to provide information on the progression of the issue. 8 Commissioner Davis asked if a driver refused the preliminary breath test what would be a police officer's next step. Ms. Trocheck stated the law enforcement officer would continue with their investigation and if they have reasonable suspicion and can develop probable cause through other testing methods including the standard field sobriety testing, that would be their obligation to continue the investigation if they have reason to believe the driver was impaired. She continued to state the preliminary breath test could still be used as a tool in that investigation but the person could not be charged if they refuse the preliminary breath test. . Commissioner Davis asked if a person could be compelled to have a blood alcohol test completed. Ms. Trocheck stated only with a warrant. 18-0400 Moved by Commissioner Hodges, seconded by Commissioner Hay, to pass Ordinance No. 18- 10973 amending Chapter 38, Article I of the Salina Code by adopting the 2018 Standard Traffic Ordinance on first reading. Aye: (5). Nay: (0). Motion carried. 18-0401 Moved by Commissioner Hodges, seconded by Commissioner Hay, to declare a compelling public interest exists for second reading approval of Ordinance No. 18-10973 on the same day as the first reading. Aye: (5). Nay: (0). Motion carried. 18-0402 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to adopt Ordinance No. 18- 10973 amending Chapter 38, Article I of the Salina Code by adopting the 2018 Standard Traffic Ordinance on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried. (7.2) First reading Ordinance No. 18-10974 amending and repealing certain sections of Chapter 25, Article I of the Salina Code by adopting the 2018 Uniform Public Offense Code for Kansas Cities. (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). (7.2c) Second reading Ordinance No. 18-10974. (At the discretion of the Governing Body). Christina Trocheck, City Prosecutor, explained the amendments, local amendments and action options. Commissioner Davis asked if there was difficulty in prosecuting an individual if a charge was listed in multiple places. Ms. Trocheck stated it was easier for officers when writing tickets for charges. Page 4 a 18-0403 Moved by Commissioner Hodges, seconded by Commissioner Hay, to pass Ordinance No. 18- 10974 amending and repealing certain sections of Chapter 25, Article I of the Salina Code by adopting the 2018 Uniform Public Offense Code for Kansas Cities on first reading. Aye: (5). Nay: (0). Motion carried. 18-0414 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to declare a compelling w public interest exists for second reading approval of Ordinance No. 18-10974 on the same day as the first reading. Aye: (5). Nay: (0). Motion carried. 18-045 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to adopt Ordinance No. 8 18-10974 amending and repealing certain sections of Chapter 25, Article I of the Salina Code by adopting the 2018 Uniform Public Offense Code for Kansas Cities on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried. (7.3) First reading Ordinance No. 18-10975 amending Chapter 25, Article VII of the Salina Code by adopting Section 25-111 and 25-112 pertaining to witness and victim intimidation. (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. 18-10975. (At the discretion of the Governing Body). Christina Trocheck, City Prosecutor, explained the amendment and action options. Commissioner Davis asked if there was any prior rule on the matter. Ms. Trocheck stated no and was not sure why it was not included in the Uniform Public Offense Code. 18-0406 Moved by Commissioner Hay, seconded by Commissioner Davis, to pass Ordinance No. 18-10975 amending Chapter 25, Article VII of the Salina Code by adopting Section 25-111 and 25-112 pertaining to witness and victim intimidation on first reading. Aye: (5). Nay: (0). Motion carried. 18-0407 Moved by Commissioner Davis, seconded by Commissioner Hodges, to declare a compelling public interest exists for second reading approval of Ordinance No. 18-10975 on the same day as the first reading. Aye: (5). Nay: (0). Motion carried. 18-0408 Moved by Commissioner Davis, seconded by Commissioner Hodges, to adopt Ordinance No. 18- 10975 amending Chapter 25, Article VII of the Salina Code by adopting Section 25-111 and 25-112 pertaining to witness and victim intimidation on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried. Greg Bengtson, City Attorney, noted Christiana Trocheck's professionalism and knowledge as a prosecutor. He also stated her vast knowledge of state and local law made the city attorney's office review of the documentation much easier. DEVELOPMENT BUSINESS (8.1) Application No. Z18-18, (filed by Steven Dorzweiler), requesting a change in zoning district classification from R (Single-Family Residential) district to I-2 (Light Industrial) district on property addressed as 1332 Woodland Avenue. Page 5 • (8.1a) First reading Ordinance No. 18-10979. Dean Andrew, Director of Planning, explained the request, Planning Commission recommendation, and action options. Commissioner Hoppock stated the staff report stated the applicant wished to construct a building for personal storage, how does that make it commercial. Mr. Andrew stated storage buildings could be built on a residential lot if they were an accessory building to the residence on the same lot. He continued to state commercial or industrial zoning would be required to construct a storage building on a separate lot. Norman Mannel, Salina, asked if there was a conservation easement trust on the area. Mr. Andrew stated there was not a conservation easement trust anywhere in the vicinity of the area. Commissioner Davis asked if there was burden of sentiment that must be present to zone a property industrial in a residential area. Mr. Andrew stated the report contained findings that the Planning Commission had reached and stated the City Commission approved two (2) rezoning's earlier this year on Van Home from (R) Single Family Residential to (I-2) Light Industrial. Commissioner Davis asked where the two property owners, that were in opposition, were in relation to the property. Mr. Andrew showed on a map in the agenda packet the locations of the properties. A conversation ensued between the Commission, Mr. Andrew and Michael Schrage, Interim City Manager, regarding the Comprehensive Plan, the zoning of the area and the noise levels or complaints in the area. Commissioner Hoppock stated he did drive through the area and provided his thoughts on the request. 18-0409 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to pass Ordinance No. 18-10979 changing the zoning district classification from R (Single-Family Residential) district to I- 2 (Light Industrial) district on property addressed as 1332 Woodland Avenue on first reading. Aye: (5). Nay: (0). Motion carried. (8.2) Consider the acceptance of the offered utility easement and street right-of-way dedications from Magnolia Hills, Inc. to serve Magnolia Hills Estates Addition No. 2. Dean Andrew, Director of Planning, explained the request, Planning Commission action and action options. Commissioner Davis stated the request was kicking the Holmes Road problem down the road. Michael Schrage, Interim City Manager, stated the perimeter road process was fairly new for Salina and staff had looked at the dividing line for the direct access perimeter street of Holmes Road. Commissioner Davis asked if the developer would pay the cost of the sidewalk. Mr. Andrew stated the developer would pay the costs for the sidewalk for the addition and the developer of the Wheatland Valley Addition would be required to pay the costs of the sidewalk for that addition as well. A conversation ensued between the Commission, Mr. Andrew and Mr. Schrage regarding Page 6 the request and the Comprehensive Plan. Lauren Driscoll, Director of Community Sr Development Services, stated planning staff had worked with public works and did not think the road could not handle it. Mr. Andrew provided information on the traffic count numbers of both Markley Road and Magnolia z Road. A conversation ensued between Commissioner Davis, Mr. Andrew and Ms. Driscoll on the traffic of Markley Road. Commissioner Hoppock asked if there were two (2) exits out of the subdivision. Mr. Andrew stated yes, the most common entrance was the Stone Post entrance but there was also an entrance to the south. Commissioner Hodges provided her thoughts on the traffic out of Stone Post and Holmes Road serving as the direct access perimeter street. Commissioner Hodges stated that Huntvood Circle had the potential to connect with First Covenant Church and asked if there was any consideration to put a sidewalk at that location. Mr. Andrew stated the church could have a driveway or sidewalk connecting the church to the addition. Commissioner Hodges asked if the park service fee was the same as in the past. Mr. Schrage stated the park service fee would be $200 per lot for this addition. Commissioner Hodges asked if there was a targeted price point for the homes. Mr. Andrew stated not that staff was aware of. Commissioner Davis asked if the road would need to be changed to allow construction access from Holmes Road. Mr. Andrew stated staff would like to work with the applicant to install a rock road off Holmes Road to allow construction access to the area at the expense of the developer. Commissioner Hodges asked if the road would be accessible to the public. Mr. Andrew stated no, staff would work with the applicant to install a post and cable to lock the entrance. Stan Byquist, Magnolia Hills, Inc., stated the homes would be smaller but would have all of the key features most individuals would like, and the home price point would range from 5225,000 and up. He continued to provide information on the entrances of the addition. Commissioner Hoppock asked if the homes in the area had basements. Mr. Byquist stated yes, all but one. Mr. Schrage stated with the new special assessment policy, the price point and home size would be considered in greater detail at that time the resolution of advisability was considered. Commissioner Hoppock stated, for the record, he did work with the developer when the ground was originally purchased years ago but had not done any work on the area since. He continued to state he may be asked to sign the final plat. Commissioner Hodges provided her thoughts on the request. Commissioner Hoppock asked how many lots remained in Magnolia Hills Estates. Mr. Byquist stated three (3). Commissioner Hodges provided information on the housing levels for sale in the Page 7 community and the number of homes that had sold. 18-0410 Moved by Commissioner Hay, seconded by Commissioner Hoppock, to authorize the Mayor to sign the plat and accept the offered utility easement and street right-of-way dedications on behalf of the City. Aye: (3). Nay: (2) Davis, Hodges. Motion carried. W (8.3) Request to authorize City staff preparation of a Special Assessment Engineering Feasibility Report for Phase II of Pheasant Ridge Addition No. 3. 52 Dean Andrew, Director of Planning, explained the request, review factors, required public improvements, fiscal impact, and action options. U Commissioner Davis asked for an executive session for legal purposes. Greg Bengtson, City Attorney stated the subject would also need to be included in the motion. 18-0411 Moved by Commissioner Davis, seconded by Commissioner Hodges, to recess into executive session for 5 minutes to discuss the legal aspects of the workings of the commission 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. 45-7319(b)(2). The open meeting will resume in this room at 6:28 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:23 p.m. and reconvened at 6:28 p.m. No action was taken. Michael Schrage, Interim City Manager, stated the request was for the commission to U provide staff direction on the special assessments for the request. Commissioner Hodges stated the information and questions answered by staff was very helpful to her in reviewing the request. Commissioner Davis concurred with Commissioners Hodges comments. Todd Welsh, TWI Development, Inc., provided information on the request, development of Pheasant Ridge Addition, the connectivity of the addition, home prices and sizes and development of Holmes Road. Mr. Schrage thanked Mr. Welsh for his patience and stated staff was struggling with perimeter streets. Commissioner Hoppock stated, for the record, he had worked with Mr. Welsh on this area and currently did not have any orders outstanding. He also wished Mr. Welsh luck. 18-0412 Moved by Commissioner Hay, seconded by Commissioner Davis, to authorize staff to prepare an engineering feasibility report and Resolution of Advisability for Phase II of Pheasant Ridge Addition No. 3 for future consideration by the City Commission. Aye: (4). Nay: (1) Hodges. Motion carried. OTHER BUSINESS (9.1) Response to Request for Open Public Records. Michael Schrage, Interim City Manager, explained the request and commission options. Mayor Ryan stated he did not think the document should be released. Commissioner Davis stated the Commission was responsible for the decision based on the advice of the letter. Page 8 Commissioner Hodges stated she did not think it was fair for pushing the item through due to the County Planning meeting and apologized for the meeting taking a little longer. Commissioner Hodges stated the open records act started with presumptiveness and just because an item was marked as confidential it did not mean it had to remain confidential. She continued to provide her thoughts on the request and her previous motion to release the memorandum. y Jon Blanchard, 1117 State Street, provided his thoughts on his request and the synopsis of prior open records requests. He continued by asking if the final memorandum from Ms. 0 Krstulic was received via snail mail or via email dated January 22°d but was received on 8 January 30th. He also stated in the city manager briefing, dated January 26 K it was noted that a document was received earlier in the week and hoped to get it back by the 29th or 30th. Greg Bengtson, City Attorney, stated he could not answer that question as it was attorney-client privilege. Mr. Blanchard continued to provide information on the request. He continued to ask if there was more than one correspondence from Ms. Krstulic. He further continued to provide information on the ethics policy. Mayor Ryan stated he thought items created in privacy should remain in privacy. 18-0413 Moved by Commissioner Hodges to waive the attorney-client privilege and release the memorandum of Anna Krstulic. Motion failed due to lack of second. Commissioner Hay asked for staff to provide an update on the dangerous structure list. Michael Schrage, Interim City Manager, stated he emailed the information to the Commission this afternoon. Commissioner Hay asked for an update on plastic bags. Jim Kowach, Director of Public Works, stated there were currently no communities in Kansas that had a ban on plastic bags. Commissioner Hay asked if we could be the first community. Commissioner Hay also asked for the animal shelter to be removed from the Parks and Recreation department. Mr. Schrage stated he had been working with consultants for a policy review of privatizing the animal shelter. Commissioner Hodges asked if staff was checking into alternatives of the animal shelter. Mr. Schrage stated he was hoping to secure a consultant. ADJOURNMENT 18-0414 Moved by Commissioner Hodges, 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 7:15 p.m. [SEAL] Karl F. Ryan, Mayor ATTEST: afth: Oja- iShandi Wicks,CMC,City Clerk Page 9