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
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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
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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
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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.
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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.
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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.
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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.
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•
(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
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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
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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
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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.
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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.
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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.
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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
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