01-06-2020 Minutes CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
January 6, 2020
4:00 p.m.
w The City Commission convened at 3:45 p.m. for Citizens Forum at City-County Building, Room
107B.
B Mayor Davis asked the Clerk for verification that notice had been sent for today's City
Commission meeting. The Clerk replied yes.
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 Trent W. Davis, M.D. (presiding),
Commissioners Joe Hay,Jr., Melissa Rose Hodges, Mike Hoppock, and Karl Ryan.
Also present: Michael Schrage, City Manager; Jacob Wood, Deputy City Manager; Greg Bengtson,
City Attorney; and Shandi Wicks, City Clerk.
AWARDS AND PROCLAMATIONS
(3.1) A proclamation honoring the life of Mrs. Cora Williams, Salina, Kansas. Jon
Blanchard read the proclamation. Bryan Frazier, son of Mrs. Cora Williams, thanked
the Mayor and Commissioners for providing a proclamation honoring his mother.
Mayor Davis stated that there was another public servant that we would like to honor
today, the 8th city manager under our commissioner manger form of government, Mr.
Rufus Nye, passed away January 3, 2020 in Overland Park, Kansas. He stated he held the
position of city manager from May 7, 1979 to September 25, 1987,and provided information
from a Salina Journal article from 1985 on Mr. Nye. He continued to provide the City
Commissions condolences to Mr. Nye's wife and family. He further provided information
on Mr. Nye's work as a city manager.
CITIZENS FORUM
Deborah Corrales, Salina, read an article from the New York Times on a CDC study on dog
bites. She continued to provide information on insurance coverage on specific breeds of
dogs.
Norman Mannel, Salina, provided information to research it more and do their due
diligence on dogs. He also provided information on the security of the city and the use of
drones.
Kimberly Jacobson, provided information on her history working with animals, the pit bull
breed, and citizenship classes that were available for dogs.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
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(6.1) Approve the minutes of December 16, 2019.
(6.2) Approve the minutes of December 19, 2019.
Lon (6.3) Approve Resolution No. 20-7790 appointing members to various boards and
commissions.
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Mayor Davis thanked all the citizens that filled out Expression of Interest forms to serve on
y the various community boards to serve and mentioned that there were still several vacancies
that had not been filled and asked citizens to visit the city website to see what may interest
you.
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Michael Schrage, City Manager, requested that Item 6.1 be removed from the consent
agenda. Commissioner Ryan stated with the remark from the City Manager, he would make
a motion to approve 6.2 and 6.3.
20-0001 Moved by Commissioner Ryan, seconded by Commissioner Hay, to approve the consent agenda
less Agenda Item No. 6.1. Aye: (5). Nay: (0). Motion carried.
(6.1) Approve the minutes of December 16, 2019.
Michael Schrage, City Manager, stated his clarification pertained to page 5 .the sixth
paragraph on the page and it related to baseball enterprises fundraising and a private
public partnership and it currently stated: Commissioner Hodges asked why the USD 305
portion wasn't included in the City's portion. Mr. Schrage stated he thought the perspective
was for $4 million to be the public portion (City of Salina money) and the remaining $4
million to be the private portion to be funded through Baseball Enterprises
Mr. Schrage stated he led the explanation with I'm the one that put the public-private
partnership on it and it was originally more of an if the City would put up four (4) million,
we think we can go raise four (4) million elsewhere and suggested that the end of the
paragraph may be extended to say: Mr. Schrage stated he thought the perspective was for
$4 million dollars to be the public portion (City of Salina money) and the remaining $4
million dollars to be the private portion to be funded through Baseball Enterprises
solicitation of donations of additional public and private funds.
Mayor Davis stated just for clarification, the real separation of funding is City and
everything else. Mr. Schrage stated that was how Baseball Enterprises approached us and
we started referring to it as a public-private partnership and looking at the City as public
and everyone else as Baseball Enterprises to go out and solicit and raise funds.
Commissioner Hodges stated as she would say a public-public-private partnership. Mr.
Schrage stated that would be more accurate or some other descriptor might be more
accurate.
20-0002 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to approve the minutes
of the December 16, 2019 with corrections as noted. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Resolution No. 20-7789 authorizing the Mayor to execute an agreement with Titan
Audio Visual, LLC to provide sound services for the 2020 Smoky Hill River Festival.
Anna Pauscher, Arts Education & Entertainment Coordinator, explained the service, the
bids received, a clerical error in the agreement, the fiscal impact and action options.
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Commissioner Hoppock asked for staff to address the lowest and best terminology that
isused occasionally for bidding. Michael Schrage, City Manager, stated the purchasing
policy provided for the basically lowest and best approach where if we deem it to be in the
best interest of the organization, we don't necessarily have to go with the low bidder and
the staff report explained the rationale of the comparison of the low bidder and the second
low bidder so we have on record the rationale for doing that.
Commissioner Ryan stated under additional comments it mentioned transportation costs
and personnel excluding cost of fuel to be reimbursed from fuel receipts and asked if staff
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= had an estimate at what those fuel costs might be. He continued to ask if it was from
3 Oklahoma City to here. Ms. Pauscher stated it was from Oklahoma City to here and back
and those had remained consistent. She then stated Hooper Sound was also from
Oklahoma City so we haven't seen a change in those besides the varying prices of gas. She
continued to state it was between $200 and 5300 dollars.
Commissioner Hodges asked if Hooper Sound backed out last year and Titan fulfilled the
contract at the last minute. Ms. Pauscher stated yes.
Commissioner Hodges asked what an annual increase might be before we would have to
go back through the RFP/RFQ process. Brad Anderson, Director of Arts & Humanities,
stated staff would meet with the company to determine any changes to staffing, fuel or
equipment and if the cost did not rise above approximately $2,000, staff would renegotiate
with Titan for another agreement.
120-0003 Moved by Commissioner Hodges, seconded by Commissioner Hay, to adopt Resolution No. 20-
7789 authorizing the Mayor to execute an agreement with Titan Audio Visual, LLC to provide
sound services for the 2020 Smoky Hill River Festival. Aye: (5). Nay: (0). Motion carried.
(7.2) Resolution No. 20-7787 authorizing the Mayor to execute an agreement between the
City of Salina and Gordon CPA, LLC, Certified Public Accountant, for an audit of
City records for the years ending December 31, 2019, 2020, and 2021, with two (2)
one (1) year extensions.
Debbie Pack, Director of Finance and Administration, explained the bid process, bids
received, evaluation committee recommendation, fiscal impact and action options.
Commissioner Hoppock stated that Summers, Spencer did his company's audit and work
on his business and a couple of LLC's. He continued to state he just wanted to make
everyone aware.
Commissioner Hodges stated on the staff report where it had the line items broken out
there was one for STAR Bonds. She then asked if that reflected the sales tax and revenue
bond audits that were going to have to be performed for the STAR Bonds. Ms. Pack stated
as part of the RFP we were notified, and we knew we were going to have to do a STAR
Bond audit for the 2019 books so staff included that in the RFP.
Commissioner Hodges asked if the first audit would be in 2019 for the STAR Bonds. Ms.
Pack stated yes. Commissioner Hodges asked if they started collecting revenue in July. Ms.
Pack stated it started in December of 2018 and since it was so late in the year, the State of
Kansas felt like we didn't really need to do an audit for 2018 but an audit would be
performed in 2019.
Commissioner Hodges stated she had emailed the city manager a few days ago and asked
if we were required to produce an annual report for the STAR Bonds or was it specifically
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the audit. She continued to state she attached a copy of Garden City's annual report they
submitted. Michael Schrage, City Manager, stated we have yet to produce an annual report
and staff was going into great detail on how we were going to check the State's numbers so
we could provide a report. He continued to state that the State of Kansas had repeatedly
stated that ours was the most complicated in the State due to the number of businesses so
staff was building an approach where we could double check that all of the businesses were
accounted for and once that was determined, staff would be in a better position to provide
N an annual report. He continued to provide information on the status of the increment from
the revenue generated.
Commissioner Hodges asked do we do a lot of single audits throughout the year. Ms. Pack
stated if we have federal grant funds over $750,000 then a single audit would need to be
completed. She continued to state that we don't know when that would happen.
20-0004 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to adopt Resolution No.
20-7787 authorizing the Mayor to execute an agreement between the City of Salina and Gordon
CPA, LLC, Certified Public Accountant, for an audit of City records for the years ending December
31, 2019, 2020, and 2021, with two (2) one (1) year extensions. Aye: (5). Nay: (0). Motion carried.
(7.3) Approve repairs to Landfill Bulldozer, Unit #1851.
Jim Kowach, Director of Public Works, explained the use of the bulldozer, the repairs
needed, fiscal impact and action options.
Commissioner Hoppock asked if there was any type of warranty. Mr. Kowach stated a one
(1) year warranty for the under carriage rebuild.
Mayor Davis asked what the cost was for a new one. Mr. Kowach stated S750,000.
20-0005 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to approve repairs to
Unit #1851 Landfill Dozer by Foley Equipment, in the amount of $39,720.40. Ave: (5). Nay: (0).
Motion carried.
(7.4) Resolution No. 20-7791 accepting an NG911 Grant for Kansas Public Safety
Answering Points (PSAP), authorizing the use of 911 Funds to assist in the funding
for any remaining costs associated with the upgrade, and approving an amendment
to the City's current agreement with Tyler Technologies. Inc.
Wayne Pruitt, Communications Supervisor, explained the grant, use of 911 funds and
amendment to the agreement with Tyler Technologies, Inc. along with the fiscal impact and
action options.
Commissioner Hodges asked if the cost would be a guaranteed maximum price. Mr. Pruitt
stated staff did not expect to cost to increase. Michael Schrage, City Manager, stated that
the request was to accept the grant amount and if staff could competitively bid the request,
we would, if not, it would be a sole source purchase. Paul Forrester, Police Captain,
provided additional information on the equipment used for the body cameras.
Commissioner Hay asked if there were sufficient funds in the 911 account. Mr. Pruitt stated
there was adequate funds in the account. He continued to state we expect a 5100,000
increase in money in the 911 fund.
20-0006 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to adopt Resolution No.
20-7791 authorizing the acceptance of a grant award from the National Telecommunications and
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Information Administration (NTIA) and the National 911 Program as a sub-grantee of the State of
Kansas under the Kansas 911 Coordinating Council for purchase of automatic vehicle location
(AVL); authorizing the use of 911 Funds to assist in the funding for any remaining costs associated
with the upgrade; and approving an amendment to the City's current agreement with Tyler
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Technologies, Inc. for the AVL upgrade. Aye: (5). Nay: (0). Motion carried.
(7.5) Resolution No. 20-7792 authorizing the Mayor to execute an amended and restated
Improvement District Development Agreement between the City of Salina and
Stone Lake Development, LLC related to the financial guarantee, performance bond,
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and ratifying the adoption of Resolution No. 20-7751.
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Dan Stack, City Engineer, explained the amendments, fiscal impact and action options. Jim
Kowach, Director of Public Works, asked for Mr. Stack to explain the performance bond
portion of the agreement.
Commissioner Hodges stated that we would be forgoing any guarantees on the
improvements until they are completed. Mr. Stack stated yes, and the financial guarantee
and performance bond would be required to be on file prior to issuance of bonds or
reimbursement of funds. Commissioner Hodges stated if we kept it how it currently was in
place, the financial guarantee and performance bond would be submitted at the beginning
of the project.
Commissioner Hodges thanked staff for distinguishing late versus delinquent in taxes and
asked if staff was able to ascertain if the principal's in the organization had late taxes. Mr.
Stack stated there were some late taxes due to the statements mailed to a wrong address.
Commissioner Hodges provided her thoughts on the request.
Commissioner Hodges asked if the emergency access roads could be funded with special
assessments. Michael Schrage, City Manager, stated that bond counsel initially advised that
those improvements did not qualify for special assessment financing.
Commissioner Hodges asked at what point the emergency access roads went in. Mr. Stack
stated at the front end of the construction project.
Commissioner Hodges asked if we knew how many lots had been sold and how many
building permits had been issued that would need to access the emergency access road. Mr.
Stack stated this phase could not sell or build until the infrastructure was in.
Commissioner Hodges asked when the emergency access road goes in, do we have any
kind of provisos for soil testing, accredited fire agency to verify the appropriate widths and
material. Mr. Stack stated that was all accounted for in the provisions.
Mr. Stack wanted to verify that the development was three (3) developers working together
and there was only one (1) that had late taxes, the other two (2) did not. Commissioner
Hodges provided her thoughts on the late taxes. Mr. Schrage stated it was probably more
appropriate for the developer to answer that question than staff. Commissioner Hodges
asked if the developer was present. Mr. Stack stated one of them was.
Mr. Schrage stated in a past community, there were two (2) options: (1) as a developer was
putting in infrastructure, they would not record the plat and when the inspections were
completed and passed, the plat would be recorded or two (2) the plat would be recorded
and submit a performance bond and if the work was not performed as liked, the
performance bond would be drawn up. He continued to state that we were in the situation
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that the plat was already filed, and now the developer wanted to not post a performance
bond. He further explained the various circumstances that could occur. A conversation
ensued between the City Commission and Mr. Schrage regarding a choice scenario for
requirement of performance bonds.
Commissioner Ryan asked if the delinquent taxes were a relatively recent piece of the
W special assessment policy. Mr. Stack stated he thought it was always in there but could
check and see if it was a new piece of the policy. Mr. Schrage stated he thought it was part
of the 2018 updates to the policy.
Commissioner Hoppock stated under the development agreement it stated that the City
was responsible for construction administration and asked if staff verified the work
completed met code. Mr. Stack stated that there was a full-time inspector that was present
while work was being completed to ensure it met code. He continued to state that staff
reviewed the shop drawings and performed inspections on the work.
Commissioner Hoppock asked if the performance and maintenance bond were part of a
typical infrastructure project. Mr. Stack stated yes.
Mayor Davis asked if there was any overhead that would be part of this financing that
would not be if the City bid out the project. Mr. Schrage stated the developer would have
incurred cost that were eligible for reimbursement as special assessments.
Mayor Davis asked what the purpose of the financial guarantee was after the
improvements were completed. Mr. Schrage stated that in the event the developer would
fail to pay the special assessments after the completion of the improvements, that financial
guarantee would be used to pay the assessments.
Mr. Schrage explained the purpose for the financial guarantee, performance bond and
financial security.
Greg Bengtson, City Attorney, stated that the language still required a payment bond. He
continued to state you do have the potential of someone working and the risk was that
you've got a subcontractor working on accepted dedicated right-of-way and the theoretical
risk that they do not get paid, and that's why even though the performance bond was the
business judgement that the Governing Body was talking about, the payment bond would
remain in place so that if you had that scenario where work was partially done but had
subcontractors that were not paid that bond was filed in district court and claims could be
made against that bond. He also stated if you look at the third and fourth "Whereas"
clauses in the resolution, this matter of ratification of your prior action was based on my
recommendation, to outline the events that transpired in terms of when the original
petition was filed and the unpaid tax and the how the process fully worked. He further
explained that the Governing Body took action at a point in time when the policy had not
been fully fulfilled and there were delinquent outstanding taxes. He then recommended an
opportunity to either ratify or not ratify that prior action.
Commissioner Hoppock stated the reason for the performance bond was for when the City.
of Salina was performing the improvements, we had issued notes. Mr. Schrage stated
correct.
Commissioner Hoppock mentioned past due versus delinquent taxes and asked if that
could be addressed in the future as a far as changing the policy or was that a legal question.
Mr. Schrage stated it was quite a point of conversation at the staff level as the policy was
drafted and thought we had sufficient discretion. Mr. Bengtson stated that he thought it •
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was up to local discretion to modify the policy and the matter of delinquency was a matter
of construction of the statutes that speak to that progression and based on the key date of
delinquency that the attorney general had addressed but as far as the local requirement, it
could be a matter of discretion.
Commissioner Hodges asked if the developer in the audience wanted to speak to the
delinquent taxes. Craig Piercy stated no.
20-0007 Moved by Commissioner Ryan, seconded by Commissioner Hoppock, to adopt Resolution No. 20-
7792 authorizing the Mayor to execute an amended and restated Improvement District
Development Agreement between the City of Salina and Stone Lake Development, LLC related to
the financial guarantee, performance bond, and ratifying the adoption of Resolution No. 20-7751.
Aye: (4). Nay: (1) Hodges. Motion carried.
DEVELOPMENT BUSINESS
(8.1) Consider acceptance of the offered right-of-way easement and restricted access
dedication from Wheatland Valley Development Co. to serve the proposed
Wheatland Valley Addition, a 78 lot subdivision of a 31.63 acre tract of land located
on the east side of Markley Road between Magnolia Hill Estates and the East
Crawford Recreation Area.
Dean Andrew, Director of Planning, explained the easement dedications, Planning
Commission recommendation, final plat and action options.
Commissioner Hodges asked for clarification on the three (3) phases and if Phase I did
include the entrances off Markley Road. Mr. Andrew stated the entrances off Markley Road
were included in Phase I.
Mayor Davis asked if the two (2) entrances on Markley Road would satisfy the fire
apparatus access. Mr. Andrew stated yes it would satisfy the fire access for the 78-lot
subdivision.
Mr. Andrew stated there was a substantial overhead power line in an easement to the south
of the subdivision.
Commissioner Hay stated that a stockade buffer was mentioned and asked if it would be
installed behind the easement. Mr. Andrew stated yes and did mention a few various
subdivisions
Commissioner Hodges asked if there were any delinquency or late taxes for Wheatland
Valley. Mr. Andrew stated that the land was currently agricultural, and the owners have
the option to pay the taxes half and half but did state that the owner must provide a tax
receipt showing the taxes were paid prior to the signing of the final plat.
20-0008 Moved by Commissioner Hay, seconded by Commissioner Ryan, to accept the offered right-of-
way easement and restricted access dedications from Wheatland Valley Development Co. to serve
the proposed Wheatland Valley Addition, a 78 lot subdivision of a 31.63 acre tract of land located
on the east side of Markley Road between Magnolia Hill Estates and the East Crawford Recreation
Area and authorize the Mayor to sign the plat on behalf of the City. Aye: (5). Nay: (0). Motion
carried.
(8.2) Second Reading Ordinance No. 17-10901 rezoning a 31.63-acre tract of land located
on the east side of Markley Road between East Crawford Recreation Area and the
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Magnolia Hills Estates Addition from A-1 (Agricultural) to R-1 (Single Family
Residential).
Dean Andrew, Director of Planning, explained the current request, public utilities and
services, Planning Commission recommendation and action options.
20-09-2• 9 Moved by Commissioner Hay, seconded by Commissioner Ryan, to adopt Ordinance No. 17-10901
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rezoning a 31.63-acre tract of land located on the east side of Markley Road between East Crawford
To Recreation Area and the Magnolia Hills Estates Addition from A-1 (Agricultural) to R-1 (Single
Family Residential) on second reading. A roll call vote was taken. Aye: (5) Hay, Hodges,
Hoppock, Ryan, Davis. Nay: (0). Motion carried.
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The City Commission recessed at 6:00 p.m. for a 15-minute break. The meeting resumed at
6:15 p.m. Mayor Davis read the rules of public discussion at a public commission meeting
from the City Commission Agenda General Order of Business.
(8.3) Consider a recommendation from the Salina City Planning Commission to establish
a moratorium on future building permits once building permits have been issued
for 30 homes in the Grand Prairie Addition and that the moratorium shall remain in
place until a code compliant plan for an emergency access road connecting Markley
Road and Bentgrass Drive that meets the requirements of the Salina Fire
Department is in place, pending legal review by the City's legal counsel prior to
consideration by the City Commission.
1 Lauren Driscoll, Director of Community & Development Services, explained the timeline of
events, Planning Commission action, current subdivision regulations, impact of
moratorium on subdivision and action options. Greg Bengtson, City Attorney, explained
the legal memorandum relating to the item. He also stated what prompted his
recommendation to the Governing Body that we should avoid ex-parte communications we
were dealing with here, both property rights and due process considerations.
Commissioner Hodges asked when staff was made aware of the Planning Commission
moratorium action on October 15, 2019. Ms. Driscoll stated following the meeting.
Commissioner Hodges asked if it was reasonable to assume within 48 hours. Ms. Driscoll
stated she didn't know if she was notified in 48 hours. Commissioner Hodges asked if it
was within a week. Ms. Driscoll stated yes. Commissioner Hodges asked when the city
manager staff became aware of the moratorium recommendation. Michael Schrage, City
Manager, stated there was extensive conversation in executive staff but was not sure of the
relationship between the date of the conversation and the meeting date. Ms. Driscoll stated
that she was also out of the office the week immediately following the meeting, so the
initial conversation started with Mr. Schrage.
Commissioner Hodges mentioned that she did attend the December 17, 2019 Planning
Commission meeting and Dr. Hanke played a recording of a meeting that he had been in
with Ms. Driscoll and Mr. Herrs on November 7, 2019. She then asked if Ms. Driscoll was
aware of the moratorium recommendation of the Planning Commission when she met with
Dustin Herrs, City Planner, and Dr. Hanke on November 7th. Ms. Driscoll stated it was the
first time she had heard about it as a moratorium. She continued to state that she was made
aware by staff that there were considerable concerns related to fire safety and that
additional information needed to be gathered specifically regarding the fire marshal and
questions related to the emergency access road and she knew there was a question about
putting a pause on things to gather that additional information.
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Commissioner Ryan asked if this was a private meeting between you, Mr. Herrs and Dr.
Hanke. Ms. Driscoll stated yes, the zoning administrator was not available, and Mr. Herrs
had asked to have someone else sit in with him to hear the information. She then restated
she was on vacation that week and was trying to get up to speed and find out what had
happened at the Planning Commission meeting and what major concerns this individual
had, in this case, Dr. Hanke. She continued to state that Dr. Hanke came in to compromise
or to find out what we needed to get to and her response was that there was nothing to get
To to or negotiate and the information had been put in front of the Planning Commission and
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is the decision on what to do was up to them and not for staff to negotiate. Commissioner
Ryan asked if we were in the habit of recording meetings. Ms. Driscoll stated she was not
aware the meeting had been recorded and asked Mr. Herrs if she missed something.
Commissioner Hodges stated going back to that in terms of the information staff supplied
to the Planning Commission and ultimately the City Commission, being the deciding
entity, I want to confirm, at least at the beginning of this process, the Planning Commission
was not operating on correct information. She further clarified that the access road was not
built out to the specifications listed in the documents from 2008 and 2009. Ms. Driscoll
stated correct, there was a misunderstanding, the Planning Commission was wrongly told
that the fire access road had been built at the first meeting which was addressed by the
Planning Commission in September. She then stated that following that meeting, staff
mentioned multiple times that information was incorrect.
Commissioner Hodges asked when the City Manager notified the Governing Body. Mr.
Schrage stated it was by way of city manager update but was not sure of the date.
Commissioner Hodges stated that she was trying to get a feel for how an action taken on
October 15, 2019 now brings us close to 90 days later and we're just getting a chance to
review it. She continued to state that she was trying to figure out how we went through 90
days to get to this point and why the City Commission wasn't looking at it within a few
weeks of the item being recommended. Mayor Davis asked which item she was referring
to. Commissioner Hodges stated the moratorium. Mr. Schrage stated at the point he was
made aware of it, a lot of it seemed to be based on a number of issues that were raised that
were not anticipated as part of staff's preparation for the Planning Commission meeting or
as part of the Planning Commission deliberations. He continued to state there were
questions raised that staff did not have immediate answers to, and at the point he became
aware, we, as staff, needed to sit down and inventory those issues that were raised and get
to the bottom of each one of those. He further stated that the inventory was very extensive.
He also stated that Ms. Driscoll and another staff member listened to all of the recordings
again and inventoried them all and provided him with a summary of each of the concerns
that were raised and then staff proceeded to try to track down each one of those. He lastly
noted that it took a while to inventory them, and took a while to track down the answers,
all with the intention of going back to the Planning Commission and providing clarity that
staff wasn't able to provide an immediate response to the concerns that were raised at the
podium.
Commissioner Hodges stated when she reviewed the Planning Commission's packets, she
did not find where the Planning Commission took action to reconsider their
recommendation for the moratorium and the Planning Commission had sufficient
information to pass the action to recommend a moratorium for building permits at Grand
Prairie. She continued to state that was why she was trying to figure out why the Planning
Commission was asked to reconsider it opposed to having the City Commission consider it
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in the first place. Mr. Schrage stated that staff talked about that question when it came out
of the Planning Commission and what the appropriate course of action was and staff's
concern was twofold; one (1) was the number of assertions made without a response and
that staff had offered up the possibility of a pause that turned into a conversation of a
moratorium, so the concern was going back to the Planning Commission and providing
w them with a full response to the concerns that were raised so they could make an informed
decision. He continued to state that he did not know the Planning Commission took
exception to the item coming back. There was very detailed inventory and then the review
of the information by the Planning Commission and subsequently as part of their action the
vested rights question that still needed to be addressed but they forwarded the item on to
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the City, Commission.
Commissioner Hodges stated when a citizen commission recommended an action to the
City Commission, how many times would you return the item to that board for
consideration, not at their request. She continued to state that she could not understand
why we had to wait from October 16th to December 17th on a matter of public safety. Mr.
Schrage stated at the point he got involved was when staff got caught flat-footed by
multiple assertions that were made in the meeting at the Planning Commission because
staff was not able to provide a response. He then stated the Planning Commission made a
uniformed decision so there was a sense of obligation to get to the bottom of the those
assertions. He continued to state we don't typically have representatives of every
department attend the Planning Commission meetings so they could respond to and with
the level of detail of those questions with a project that we're talking about 11 to 12 years
later.Hedid not think that staff would have had the answers to those questions off the top
of their head. He further stated that staff was not in the habit of, if we do not like the
decision we'll send the item back to the board or commission, it was more of a sense on his
part that staff was caught flat-footed and weren't able to provide a response to the
assertions made and staff sorting through minutes and records was an extensive effort.
Commissioner Hodges asked for staff to explain the DRT process. Mr. Schrage stated the
DRT process or Design Review Team process was to meet with individuals with ideas. He
then stated it had staff from all departments that would go through an agenda (including
zoning and building codes) and staff concludes the meeting with a submittals checklist
showing what had been completed and what needed to be provided. He continued to state
there was a similar process for reviewing final plat, where the zoning administrator
distributed the plat to various departments and then meets with department staff to
determine the corrections or conditions that would be provided to the Planning
Commission showing an inventory of what was left to be taken care of.
A conversation ensued between Commissioner Hodges and Mr. Schrage regarding the
DRT meeting and the plat review.
Commissioner Hodges asked if Roger Williams was a part of both reviews. Mr. Schrage
stated yes. She continued to ask if there were memos or minutes on the DRT or plat review.
Mr. Schrage stated there were minutes from the DRT meeting and memos or notes from the
plat meetings.
Commissioner Hodges asked if there were additional copies of plat pages with notes other
than the page provided. Mr. Schrage stated that along with the email attached that was all
of his documents.
A conversation ensued between Commissioner Hodges, Ms. Driscoll and Mr. Schrage
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regarding the plat review process.
Commissioner Hodges asked what we would gain by having access to the DRT minutes or
memos. She continued to state there was a memo from Troy Long, Fire Marshal, and asked
if there was a memo from former Fire Marshal, Roger Williams, and if staff typically asked
fire marshals to provide some level of analysis. Mr. Schrage stated the process was to
w review the plans and communicate the concerns only and not everything that had been
approved. He continued to state that Mr. Long's memo was from last week and it
elaborated in light of the ongoing conversation and heightened the focus on the rationale.
He further stated the DRT meeting notes were summary notes and his recollection of them
was just an acknowledgement of if Mr. Williams' part that what was presented looked
okay. He continued to explain the preliminary review stage. Ms. Driscoll stated that having
learned from this experience, there was now a standard form for both the preliminary and
final review. Mr. Schrage provided information on the new software program called
LAMA that standardized the process.
Commissioner Hodges asked for a definition of eminent danger. Mr. Bengtson stated the
common meaning would apply.
Commissioner Hodges stated she learned about the moratorium on November 12, 2019 and
she reached out to City Manager Mike Schrage and Mayor Trent Davis and asked for a
return phone call from Mike Schrage who did not return her call.
Commissioner Hodges asked for a ball park figure on how many single entrance
subdivisions we have. Troy Long, Fire Marshal, stated there was one (1) that he was aware
of, Highland Meadows Hamlet. She continued to state there were several subdivisions that
only have a single entrance. She then provided information on the recent fire fatality at 917
N. Thirteenth Street. Kevin Royse, Fire Chief, provided information on the uniqueness of
the situation at 917 N. Thirteenth. Mr. Long also stated that the trailer park on North
Thirteenth was not comparable to the single-family subdivisions.
Commissioner Hodges asked what our own departments Insurance Services Offices (ISO)
score was. Mr. Royse stated we were a two (2) at this time. Mr. Schrage asked how many
other communities were a two (2) in the State. Chief Royse stated he was not sure about
how many in the State but stated that less than 4% were a two (2) in the United States.
Commissioner Hodges asked when we get into the packet itself, on page 6 of Application
P2008-2A, dating from 2008 it stated "the granting of the variation will not be detrimental
to the public safety, health or welfare or injurious to other property or improvements in the
neighborhood in which the property is located." She continued by asking if that was still
the Salina Fire Department's position today. Mr. Long stated yes, absolutely. She continued
to state to mitigate concerns about having a second way into the development for
emergency vehicles, if the Cedar Ridge entrance is blocked the applicant is proposing
working with golf course to construct a secondary emergency access road from Markley
Road to the northern cul-de-sac., This emergency access road would be located on the golf
course property crossing the third and seventh holes of the course. This plan has been
approved by the fire marshal and golf course staff back in 2008. It looked like at the time
there was some give and take between Parks and Recreation director Steve Snyder and staff
in terms of what constitutes an appropriate material to construct a road across the golf
course. She continued to characterize the preference on the type of material used for the
access road and asked if it was compatible for best practices in terms of constructing a
permanent fire access road. Mr. Schrage stated that he was not sure that Mr. Cotten was
Page 11
fully aware of discussions prior to his tenure about what were called grass pavers. He
added that the feasibility study for the special assessments included a line item for grass
pavers to cross the tea boxes and it wasn't funded as part of the Phase I or Phase II special
assessments, but there was some anticipation of grass pavers rather than the material that
you described. Stratton grass pavers are concrete grids that allowed grass to go through it
but it could sustain weight of traffic on a daily basis. He continued to state that it looked
like turf but it could be more structurally sound.
8 Commissioner Hodges stated the reason she requested that the City Commission be given
the materials Dr. Hanke submitted at the Planning Commission meeting was because he
had a very detailed email conversation with the Wichita fire marshal or an officer of that
office in terms of best practices of using those kinds of turf pavers. She continued to state
that Wichita was an ISO one (1) and she assumed that Officer Brad Crisp had some
professional standing in terms of what he does and we have an expert saying that this was
not industry-standard anymore.It was dangerous for a variety of reasons and asked what
reassures you that would be an appropriate application for us to use across our golf course.
Mr. Royse stated with all due respect to Brad Crisp, he had worked with him for 32 years in
Wichita and he was the fire marshal at one time. He continued to state that what could
work for the City of Wichita may not work for us and what may work for us may not work
for him. Mr. Schrage stated we could learn from other communities but the things we were
dealing with were certainly discretionary rather than code required or industry best
practices. He continued to explain the adoption of codes and local amendments to those
codes. Mr. Royse stated he thought they were blind questions asked of Officer Crisp and he
didn't think the entire situation was explained in the questions asked.
Commissioner Hodges stated we have the International Fire Code (IFC) in place and
adopted and we at least theoretically agree with most of what it said, and we try to live up
to the standards of the IFC. Mr. Long stated yes. She continued to provide information
from Appendix D pertaining to fire apparatus access road and asked what length of access
road we were talking about for Grand Prairie. Mr. Long stated the important thing to
remember was you were talking about fire department access roads with a turnaround in
the chart you were looking at, was how far a dead-end could be without a turnaround. He
continued to state it was not a dead-end it was a turnaround in that development and the
emergency access road would be built in Phase III. Commissioner Hodges asked how long
the emergency access road that we were talking about right now in Grand Prairie was. Mr.
Long stated it was probably 900 to 1000 feet but it was important to remember that was for
a dead-end. He further stated that the emergency access road would not be a dead-end, it
would go from Markley Road and come out at the end of Bentgrass and the road would be
continued in Phase III of the development.
Jacob Wood, Deputy City Manager, stated that there were amendments made to the IFC.
Appendix D, Section D103.1 was deleted entirely and Section D103.4 was replaced with
subdivision regulations.
A conversation ensued between Commissioner Hodges and Mr. Schrage regarding
Appendix D of the IFC.
Commissioner Hodges asked when fire department staff was aware of the access road
problems. Mr. Long stated he knew all along. She also asked when staff knew the Planning
Commission proposed a moratorium. Mr. Long stated he was made aware after the
October 17, 2019 meeting.
Page 12
Commissioner Hodges stated that a traffic study was performed for Riverrun so a traffic
study was not requested for Grand Prairie and asked for the rationale in that decision. Mr.
Schrage stated that comment was related to traffic in general and not fire access. He
continued to state the information came from engineering and was more of a traffic
= analysis as where the street as designed could accommodate the anticipated traffic load.
z
Commissioner Hodges stated the staff report stated that "All costs for on-site
improvements will be borne by the owner/developer of Grand Prairie or passed on to lot
buyers as a special assessment," and asked if public access roads were not eligible for
special assessments what would happen then. Mr. Schrage stated the developer would be
gresponsible for the expense.
Commissioner Hodges stated the staff report stated under Phasing of Public
Improvements: "The developers have indicated that they plan to install all public
improvements upfront in the first phase of development." She continued to ask what
exactly that meant as she did not see a phased approach mentioned. Mr. Schrage stated
staff had pointed out that he had suggested in a DRY meeting that the City Commission
might prefer a phased approach to the development. He continued to provide information
on the history of the development of Grand Prairie. He further stated the costs of the
improvements would fall on the developer.
Commissioner Hodges stated that it was asked at the December 7, 2019 Planning
Commission meeting "what happens if Phase III isn't built." She continued to state that Mr.
Long's response was we'd stop at 30 houses. She continued to ask what would happen if
111 more than 30 houses were built in Phase I and Phase II and if they could max out at 51
houses and then how long do we wait. Mr. Schrage stated that based on the discretion and
how it was previously applied, the Phase I and Phase II could be built out with 51 houses
without an access road. Mr. Bengtson stated there might be an opportunity for Mr. Long to
explain himself on his response on a full build out of the lots without an access road. Mr.
Long stated he was comfortable with a full build out of 51 lots because the development
was built out very well to accommodate allowing fire trucks to turnaround.
A conversation ensued between Commissioner Hodges, Mr. Long, Mr. Royse and Mr.
Schrage regarding the emergency access road and the interpretation of the IFC.
Mayor Davis asked how much of the 30-lot discussion in the lengths of the street were
related to turning the vehicle around and how much on the ability to fight the fire itself.
Mr. Long stated in a new development it would be different than an existing location. He
continued to state that older areas that had homes close together would not have fire rated
exterior walls which was what we don't have when you look at older locations like 917 N.
Thirteenth.
The City Commission recessed at 8:10 p.m. for a 5-minute break. The meeting resumed at
8:15 p.m.
Justin Hanke, 1322 Bentgrass Drive, explained his concerns about the transparency of the
process; the information provided by the City staff; his email exchange regarding fire code
with previous Wichita Fire Marshal/Current Deputy County Fire Chief, Mr. Brad Crisp;
and maintaining access road.
Shandra Kruse, 1329 Bentgrass Drive, yielded her time to Justin.
Don Wendt, 1401 Bentgrass Drive, asked if the Governing Body was going to suppress our
comments.
Page 13
20-0010 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to grant Dr. Justin Hanke
Ia 20-minute extension to speak, as a spokesperson for Grand Prairie Subdivision.
Mr. Bengtson stated we are at a point for discretion of the Mayor and the motion would be
Loin
to address the approach. Commissioner Hay thought that Dr. Hanke should be allowed to
finish and any others in the audience should be allowed to speak since they have been here
w for 4 hours. Mayor Davis called the question. Aye: (3). Nay: (2) Davis, Ryan. Motion
v) carried.
Dr. Hanke continued to provide information on the phasing and development of the Grand
8 Prairie Subdivision and the River Run Addition; the information provided by staff; the
documents provided in the open records request and the amount of information missing
that he planned to report to the Kansas Attorney General's Office. He continued to provide
information on the lies provided by various staff regarding the development of the Grand
Prairie Subdivision and the emergency access road.
Commissioner Hoppock asked if Dr. Hanke had contacted any other fire departments
besides Wichita. Dr. Hanke stated no, he thought Wichita was a large enough city.
Commissioner Hodges stated that Dr. Hanke mentioned a budget document that allowed
for 5100,000 for an access road. Dr. Hanke stated it was part of his open records request for
Phase I dated July 6, 2009. Mr. Schrage stated he thought it was part of a special assessment
feasibility study document. Dr. Hanke mentioned an email attached regarding DRT
requested and there were a lot of attachments that were not provided, however, it talked
about phasing from October 21, 2009.
Commissioner Hodges asked if Dr. Hanke did request DRT notes and memos. Dr. Hanke
stated yes, he requested nearly everything to five (5) large requests. Mr. Schrage clarified
the request was for documents and correspondence related to five different requests with
sub-points. He continued to state as staff reviewed the request, it wasn't so much related to
DRT notes as it was what the topic of the question was and what documents were
responsive to that.
Commissioner Hoppock provided his thoughts on comments made by Dr. Hanke
regarding transparency, staff involvement and his interpretation of the actions of the
Planning Commission. Dr. Hanke asked if it was concerning that the emergency access for
Riverrun was never established or built and the easements weren't in place and we still
move forward with the knowledge if it and are still providing occupancy permits and
building permits. Commissioner Hoppock stated that this was the first he had heard about
Riverrun as he was not part of the commission at that time and stated we would address
that.
Commissioner Hoppock stated he knew most of the property owners in the audience and
was confused on why the fire code was just becoming an issue. He continued by stating
that when the property owners built their homes, they knew there was only one entrance.
Dr. Hanke stated none of the property owners knew the fire code regulations at that time.
Commissioner Hodges stated regardless of what we think about the tone, we were still
presented with a public safety issue. She continued to state there was a potential for 51
houses to go in and understanding that discretion could be applied and it seems
considerably reckless to double up on the number of houses with one way in and one way
out. She continued to provide information on personal experiences she had at a location
with one way in and one way out.
Page 14
Commissioner Hoppock stated that Dr. Hanke made a comment that current firefighters
would not use the emergency access road and asked if that was under the current situation
or even if it was built to a certain standard. Dr. Hanke stated he was referring to the current
situation, however if built it would have to be visible. He continued to state they have not
been told what the road was going to consist of. Mayor Davis reiterated the question. He
further stated the point the fire department officials were trying to relate to him was if the
road couldn't be seen, it was not going to be used. A conversation ensued between the
N Commission and Dr. Hanke regarding the access road, and the use of the access road by the
fire department.
e, Mr. Schrage stated if the City Commission had any concerns about him personally, or any
of other staffs' ethics, integrity or morality, feel free to raise those questions but what he
would discourage us from getting into a point-counterpoint. He continued to state the City
Commission had a decision to make and staff was here to support you in making that
decision and staff would be happy to answer the questions the commission wanted to raise.
He further stated that to assert that Mr. Andrew lied with the intention of saying a road
existing that obviously didn't exist in our community, with the intention that the lie would
hold up, he thought it was an insult to his intelligence and our collective intelligence. He
lastly stated that he did not recommend we get into a point-counterpoint personal attack.
Mr. Royse stated that the personnel that were spoken to were the Chief of EMS and one of
our inspectors, who had only been in the position a year and a half. He stated that his
recollection was staff told him that Dr. Hanke had basically took them to the site and asked
them if they would drive on this without explaining why he wanted to know or any
context. He continued to state that staff said probably not. Commissioner Hodges stated
the firefighter in question, at least one of them, was identified, and asked if that firefighter
was ever threatened with any kind of retribution or getting in trouble by yourself or any
other city staff. Mr. Royse stated not that he was aware of.
Mr. Schrage stated that there was a staff meeting with all those individuals that were cited
in the Planning Commission meeting or everyone that we could get together and advise
them of what statements were made about them and their departments and his request to
them was that he wanted to know what was said. He continued to state it was an
opportunity to self-disclose information that they thought was of merit or clarify what was
said. He further stated that no one was threatened with getting in trouble and staff
individually asserted how the conversation when down. Ms. Driscoll provided information
on part of the conversation with Dr. Hanke that he recorded, regarding the fire department
staff's use of the current access road by fire department staff. Commissioner Hodges asked
if the City of Salina offered whistleblower protections within the organization. Ms. Driscoll
stated that was not the intention, she was trying to be transparent with the City
Commission.
Mayor Davis stated that was not the culture of the government of Salina, Kansas. He
continued to state we don't always get it right but it's not because we weren't trying or
because we were trying to do something else. He continued to provide his thoughts on Dr.
Hanke's comments and the agenda item.
111 Commissioner Hoppock asked if Chief Royse was aware of other communities that used
the exception 2 under the D107.1 and asked if it was fairly common or not. Chief Royse
stated that he would say it was common but Fire Marshal Long just went on to Google
Maps and found at least 15 developments in Wichita that only had one way in.
Page 15
Commissioner Hoppock provided his thoughts on the progression of the development. Fire
Marshal Troy Long stated that Wichita had a residential exception to housing
developments that were related to topographic or golf courses where they have ran into the
same issue and created an exception within their residential housing code that allows them
to have more than 30 houses on an individual street without a secondary means of egress.
He provided his thoughts on Brad Crisp and his knowledge on residential developments.
Mr. Schrage stated that Dr. Hanke described his comment tonight as describing Wichita as
being ahead of the curve and his actual point was if you look at Mr. Crisp's comments, he
= acknowledged that we used to do things one way and now we don't do that anymore. He
continued to state that there had been conversation on the strict application of the code,
which he had been speaking about tonight, and then there was the approach you want to
apply by policy or discretion. He further stated his point to the Planning Commission was
that there appeared to be a learning curve about the administration of the code requirement
and Wichita may be ahead of Salina on the curve. He also provided additional information
on the discretion that was applied 11 or 12 years ago and his personal recollection on the
decision made regarding the access road 11 or 12 years ago.
Chris Carlson, 1217 Bentgrass, stated when she purchased her lot a year ago it was their
understanding that Phase III was down the road a good five (3) years plus so it wasn't even
a thought. She continued to state that when she saw the sign for the replatting and the
doubling of all the lots, she and another property owner met with Dean Andrew to get
more information to the replat of Phase III and expressed to staff their concerns. She further
stated that Mr. Andrew advised them on what they needed to look at for the replatting, the
things that were a real concern such as traffic, utilities, drainage and emergency access. She
continued to provide information on the replatting of Phase III that brought the concerns of
the neighborhood to a forefront and the reason the property owners built in the area.
Jon Blanchard, 250 S. Ninth Street, stated he was in favor of the moratorium and asked each
commissioner if they met with the city manager weekly and stated that safety was a
concern. He continued to provide information on the timing of the emergency access road
and asked if the City had an agreement with the developer. Mr. Schrage stated no. He
continued to request a temporary moratorium and have an emergency access road built
that does not cost the tax payers. He further asked how many other times the City of Salina
Fire Marshal used that fire code exception.
Commissioner Hoppock stated that in 2016, Mr. Blanchard was on the commission and he
knew special assessments were approved for Phase II and asked if Mr. Blanchard
remembered as part of the Phase II approval in 2016, was the emergency access road
discussed at that time. Mr. Blanchard stated that there was conversation on the
development with the fire access road and the number of lots and he asked if there was
concern by the fire marshal, in the audience, and he did not respond but Bill Sheppard,
developer, stated that the road was meant to be constructed as part of Phase III. He also
stated that Dean Andrew did not state anything at that time either. He further provided his
thoughts on the information provided at the 2016 meeting, also stated that he voted against
the special assessment financing in 2016 and provided reasoning for his vote.
Dr. Hanke stated he was very passionate about it and was concerned about the safety and
wanted to work together to get it worked out. He continued to state that it had taken him
four (4) months to get us to this point, he provided his thoughts on the current access road
and he thought the neighborhood wanted to work with the City and that was his intent all
Page 16
along. He further provided his thoughts on the process and that outcome he wanted.
Mr. Bengtson stated that Dr. Hanke made reference to cutting off contact and wasn't sure if
it was in reference to the ex-parte contact. He continued to state that it was not in an effort
to control information but the matter of ex-parte contact was confusing matter and
frustrating, he stated that under normal circumstances you have full access to the
Governing Body on legislative type matters and he was solely responsible for advising the
commissioners on being concerned about ex-parte contact. He further stated that due
B process attached in this particular situation because of state action, anytime the City acts it
was an instrumentality of the state, and then you have a property right, with that
combination, due process attached. He further stated it was not limiting the information
that the Governing Body had but that everybody had the same information and anything
that was said or done, all happened here, as it had this evening. He lastly stated we were
dealing with a matter, in this context, which had all of the same information at the same
time. Dr. Hanke stated that he understood the intent and importance of it and provided his
thoughts on how the ex-parte contact was affecting the facts moving forward. He continued
to provide his thoughts on the actions conducted by the City staff was not appropriate and
it was a battle getting here.
Commissioner Hoppock stated that half way through this he wrote and circle the word
solution and provided his thoughts on going through the process and how to address the
access road. He continued by asking if the access road could be paid for by special
assessments and split out by the lots or could the access road be put in and paid for by the
homeowners' association. Mr. Schrage stated the special assessments question would be for
our bond counsel and as Mr. Stack indicated quite some time ago, bond counsel indicated
some concern on whether the access road rises to the level of a public improvement. He
continued to state he did not think staff had a definite answer from bond counsel and when
the question was raised, it caused staff to pause and he had not spoken with bond counsel
to clarify but staff would need to get a final opinion from them. Mayor Davis stated that if
this was included in what should have been built out earlier by the developer, wouldn't
that be appropriate for the developer to pay for the road. Mr. Schrage stated if it was not
eligible for special assessments the expectation would be for the developer would pay for it
as part of their project in some other way. Commissioner Hoppock asked if it was
originally part of the agreement that the developer would pay for it. Mr. Schrage stated he
did not know, without going back and piecing together more history and more video, he
did not know. A conversation ensued between the City Commission, Mr. Schrage, Ms.
Driscoll, and Mr. Bengtson, regarding the phasing of the subdivision, the emergency access
road and who would be paying for the road.
Commissioner Hay provided his thoughts on the current access road, stated the number
one thing was the citizens and the safety of our citizens and we have to make it right. Mr.
Schrage stated as much as we want to make it right, there was a legal question to be
balanced.
Commissioner Hodges stated that she was right there with Commissioner Hay and if a
moratorium was what was necessary, it ultimately was a public safety concern.
Mayor Davis provided his thoughts on the current situation and asked if we were to
impose a moratorium were we obligated to take on any further steps or does that then put
the impetus on the developer to approach us to find the best way to put the road in. Mr.
Schrage stated there was a recommendation from the city attorney that you afford the
Page 17
property owners due process and if the Governing Body was confident they were not
concerned about legal exposure than he guessed the Governing Body didn't need to do that
but procedurally ordinances were typically passed on first and second reading and the city
attorney had recommended some provision for due process.
Commissioner Hoppock stated due to the fact that we have approved Phase I and II, and
w the fact that we have an approval from the fire marshal that had stated we were not
creating a safety risk due to the fact that we were using Exception #2 of Section D107.1, by
going against that, basically and if we place the moratorium on building, would that be
considered a taking. Mr. Bengtson stated that answer was dependent upon whether or not
8 we have deprived the owner of that property from the only available use of that property.
He continued to state that was what caused him to go there in the analysis and he thought
that a property owner would have opportunity to make such a claim if there were no other
viable use of the property as a result of that.
A conversation ensued between the City Commission and Mr. Bengtson regarding the
rights of the property owners, a moratorium and the number of building permits issued.
Commissioner Hoppock asked how many lots had been sold to individuals that had not
been built on yet in Phase I and Phase II. Ms. Driscoll stated that there were 25 building
permits issued in Phase I and three (3) in Phase II with one (1) pending.
Mayor Davis stated regarding the last paragraph in the legal memorandum, you referred to
no permits may occur until the fire marshal determines on a case-by-case basis that there
will be a future road connection and asked Mr. Bengtson to define will be a future and
asked if it implied that at a certain point that road had to be under construction before
additional permits would be issued. Mr. Bengtson stated that right now that would be
under the discretion of the fire marshal in the whole analysis of the application of the
Exception #2 of Section D107.1 He continued to state that he thought the fire marshal's
analysis would be the same until the road was built. Fire Marshal Long stated the
emergency access road would have to go in before any vertical construction in Phase III.
Mayor Davis stated accelerating the emergency access road and the development of Phase
III could take as long as it wanted.
Commissioner Hoppock asked for the cost of the emergency access road. Dan Stack, City
Engineer, stated $135,000 which would take you down to the first cul-de-sac. He continued
to state to be fair to the developer and the engineer who built it, they do a full build-out of
the entire development and give an estimate for the whole development and then phase
out the project. He further stated that the items were either removed or reduced depending
on how much was going to be built for each phase.
A conversation ensued between the City Commission, Mr. Stack and Mr. Schrage regarding
the build out of the phases of development.
A conversation also ensued between the City Commission and Mr. Schrage on payment
options for the new access road.
Don Wendt, 1401 Bentgrass Drive, asked if we were comfortable with the exemption (#2)
was a good way to go and shouldn't we be looking at taking a step back to make sure the
exemption applied and that was what we were comfortable with. He continued to state that
homeowners were held to the strictest code and why does the City of Salina get an
exemption. Mr. Schrage stated the code was full of exceptions and they were used when
they were applicable.
Page 18
Commissioner Hodges stated that it would be nice to know how often the exemptions were
employed in other communities versus how any times they were employed in our own
community.
Mayor Davis asked for the city attorney to provide an explanation between the agenda
wording and his legal memorandum. Mr. Bengtson stated he would understand Option #1
w of the staff report to conform with the recommendation of the Planning Commission and
any consideration of that approach would fall under his Option #2 which would take a
s serious set of findings to take that action. He continued to state he included Option #1 as a
doctrine of necessity. He further continued to state the other point that might be worth
noting was that there was an Option #3 to direct Cornerstone Development to proceed with
construction of an emergency access road before any development of Phase III. He further
stated that Option #3 of the staff report was the status quoi.
Mayor Davis asked if the construction of the emergency access road could be removed
from Phase III and be required to be constructed now due to public safety. Mr. Bengtson
stated that he had not researched the vested rights of recording a plat and once it was
recorded, the developer could proceed on the basis of an understanding that the
requirements that were in place.
Mayor Davis stated the developers frequently approach the City to make modifications and
at what point could the City approach the developer to make modifications. Mr. Bengtson
stated that it could definitely be done. Mayor Davis asked if that was something that could
be done, maybe not tonight, but be discussed. Mayor Davis asked if the conversation
would have to be in open session. Mr. Bengtson stated that it could happen in either open
session or closed session.
Commissioner Hoppock asked the developer what his thoughts were for putting in the
emergency access road prior to the start of Phase III. Bill Sheppard, 430 Greystone, stated
we were here because of his intent to start on Phase III.
Mayor Davis asked if Phase III was not being developed and there was a safety concern
with the lots already platted for Phase I and Phase II, what your plans would be to address
the safety concern. Mr. Sheppard stated he would defer to the fire marshal and fire chief,
they know more about it than he did.
Commissioner Hodges asked for the status of the specials and taxes, delinquent, late or
current. \4r. Sheppard stated current on all. Commissioner Hodges asked staff for
confirmation. Ms. Driscoll stated she would have to check as she had not ran them lately.
She also stated that as Mr. Stack alluded to, you need to check them at that moment. She
further stated that one snapshot in time was one snapshot in time so she didn't have those
current number but would be happy to get them.
Commissioner Hodges asked Mr. Sheppard, after listening to three (3) hours of debate,
what he would propose to do. Mr. Sheppard stated his proposal was to move fonvard with
what he proposed. He continued to state this all started due to a replat and a rezone and
changed to a replat on something that was originally intended, when we started 12 years
ago. He further stated that the original plat was designed in a way that the water and
things had to go completely across the golf course with the intention to replat at the point
we got to where we were now. He continued to explain the opposition and the fire issues.
He lastly stated the fire exit had always been part of the very end phase and that had never
changed.
Page 19
Commissioner Hodges asked Mr. Sheppard if his intention had always been a three (3)
phase approach. Mr. Sheppard stated he didn't think a person could go into this knowing
how many phases it would be because there were many times the City Commission would
try to persuade you to not do this or not do that. He continued to state the short answer
was yes, it was always three (3).
20-00E11 Moved by Commissioner Hodges, seconded by Mayor Davis, to pass Ordinance No. 2041023 on
first reading establishing a moratorium on future building permits once building permits for 30
homes have been issued in the Grand Prairie Addition and that the moratorium shall remain in
place until a code compliant plan for an emergency access road connecting Markley Road and
8 Bentgrass Drive that meets the requirements of the Salina Fire Department is in place and
understanding that Item C - Circumstances in the Grand Prairie Addition are currently such the
construction and occupancy of residential structures on the currently vacant lots within Phase I
and Phase II beyond 30 lots would present an imminent danger in an actual emergency giving rise
to actual necessity to include such development until the secondary emergency apparatus access
had been constructed.
Mayor Davis asked if we decide to take this course of action, would we have to overturn
the fire marshal's approval of the exception. Mr. Bengtson stated that was his point in the
legal memo and was the practical effect of imposition of the moratorium as recommended
by the Planning Commission which I understood Commissioner Hodges was intending.
Commissioner Hodges stated that you would be disagreeing with someone either way, you
would either be disagreeing with the Planning Commission's recommendation to establish
the moratorium or we're disagreeing with the Fire Marshal's assessment that we could get
up to 51 homes in that subdivision safely. Mr. Bengtson stated that the Planning
Commission recommendation was qualified based on the legal review.
Commissioner Hoppock stated that he was not sure how he felt about the moratorium, he
was leaning towards Option #4, to postpone consideration of the moratorium ordinance to
a future meeting date to allow staff to provide additional information but was not sure
what information he was looking for, he was trying to think through how we could
possibly fund this and work with the developer without going through the moratorium. He
continued to state that we were at 29 permits now, we had a little time and would like to
see us work through. Mayor Davis stated that this was not something that we would have
been funding anyway.
Commissioner Hodges stated that the reason she was for the moratorium was to give us an
impetus toward moving this forward. Mr. Bengtson stated certainly a combination of use of
a moratorium might be something you might want to consider. He continued to state if
there were certain things that might lead to a resolution, a temporary moratorium would
potentially give the Governing Body that opportunity without loss of the ability, if that was
unsuccessful, to impose a stronger or more strident moratorium over a long period of time.
Commissioner Hodges asked Mr. Bengtson what he might suggest, a 90 day or 120 day
temporary moratorium once the 30 permit threshold had been reached and asked how you
would structure that. Mayor Davis stated that the assumption was that the attempts to
negotiate the settlement would be occurring during that time. Mr. Schrage stated to clarify,
the moratorium would go into effect and remain in effect for the specified amount of time
with the intention that negotiations would occur and as we reach the end of the stated time
frame we've either reached an agreement or have to revisit the moratorium. He continued
to state that he wanted to make sure there was no lag time that caused a land rush for
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building permits in the immediate future in anticipation of the moratorium. Mr. Bengtson
stated that Mr. Schrage had a point, the Governing Body could set the moratorium starting
now so everyone was on the same page.
Commissioner Hoppock stated that was one of his reasons for postponing, he was curious
how many other people had bought homes out there that might potentially be looking to
build. He continued to provide his thoughts on the number of houses allowed under the
= code.
N
A conversation ensued between the City Commission, Mr. Schrage and Mr. Bengtson
regarding the timeframe for the temporary moratorium.
Commissioner Hodges withdrew her motion and Mayor Davis seconded to withdraw. Mr.
Bengtson asked if staff did have a pending application. Ms. Driscoll stated yes. Mr.
Bengtson stated his point was there was an application but not a granted building permit.
A conversation ensued between the City Commission, Ms. Driscoll, Mr. Schrage and Mr.
Bengtson regarding the motion language.
Commissioner Hodges stated the motion was not going to be in the form of an ordinance.
Mr. Bengtson stated the cases tell us it should be an ordinance. A conversation ensued
between the City Commission, Mr. Schrage and Mr. Bengtson on the creation of the
ordinance.
20-0012 Moved by Commissioner Hodges, seconded by Commissioner Hay, to pass Ordinance No. 20-
11023 on first reading establishing a moratorium on future building permits in the Grand Prairie
Addition in the City of Salina, Kansas and in Section 4 adopt an effective date upon the publication
date for 60 days with no new building permit applications, to facilitate a negotiated settlement and
a solution for the construction of the emergency fire apparatus access road.
Mayor Davis asked if staff advised not declaring an emergency' and passing the item on second
reading. Mr. Bengtson stated you are correct, there were individuals that were not present tonight
that it affected.
Commissioner Ryan stated that he would prefer to table the item instead of putting a temporary
moratorium in place.
Mayor Davis called the question. Aye: (4). Nay: (1) Ryan. Motion carried.
OTHER BUSINESS
Mayor Davis stated that because the Governing Body was going to meet in special executive
session before next Monday's regular meeting, that we postpone discussion of Agenda Item No.
9.2. He continued to state that it should not take a large period of time and there should be enough
time after the first executive session before the study session on Monday. A conversation ensued
between the City Commission and Mr. Schrage regarding the timing of the special meeting.
20-0013 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to postpone Agenda Item No.
9.2 to 1:00 p.m. on Monday,January 13, 2020. Aye: (5). Nay: (0). Motion carried.
(9.1) Request for executive session (legal).
I move the city commission recess into executive session for _ minutes to discuss
the subject of negotiations with Saline County relating to the Expo Center Lease
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agreement with legal counsel 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) and for the reason that the public
discussion of the matter would adversely affect the interests of the City. The open
meeting will resume in this room at p.m.
2
20-001• 4 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive
session for 20 minutes with a three (3) minute break preceding to discuss the subject of
negotiations with Saline County relating to the Expo Center Lease agreement with legal counsel
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) and for the
reason that the public discussion of the matter would adversely affect the interests of the City The
open meeting will resume in this room at 11:05 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 10:45 p.m. and reconvened at 11:05
p.m. No action was taken.
Also present in executive session: Greg Bengtson, City Attorney; Mike Schrage, City
Manager; and Jacob Wood, Deputy City Manager.
(9.2) Request for executive session (personnel).
I move the city commission recess into executive session for _ minutes to discuss
the City Manager's performance evaluation based upon the need to discuss
personnel matters of non-elected personnel pursuant to K.S.A. 75-4319(b)(1). The
open meeting will resume in this room at p.m.
20-0015 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to direct staff to advise
the Saline County Commission that we will be working on a more detailed proposal of
improvements for the Saline County Expo Center grounds for their consideration. Aye: (5). Nay:
(0). Motion carried.
ADJOURNMENT
20-0016 Moved by Commissioner Hav, seconded by Commissioner Ryan, that the regular meeting of the
Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 11:07 p.m.
[SEAL] Trent W. Davis, M.D., Mayor
ATTEST:: '•
n''''
Shandi Wicks, CMC, City Clerk
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