10-24-2022 MinutesL
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
October 24, 2022
4:00 p.m.
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. A roll call was taken followed by the Pledge of
Allegiance and a moment of silence.
Those present and comprising a quorum: Mayor Davis (presiding), Michael L. Hoppock (via
Zoom), Bill Longbine and Karl Ryan.
Also present: Mike Schrage, City Manager, Jacob Wood, Deputy City Manager, Shawn
Henessee, Assistant City Manager, Greg Bengtson, City Attorney; and Jo Vonna A.
Rutherford, City Clerk.
Mike Schrage, City Manager, stated Commissioner Lenkiewicz may join the meeting late .
AWARDS AND PROCLAMATIONS
(3 .1) Recognition of November 1, 2022, as Extra Mile Day in the city of Salina. Claire
Ludes, Executive Director of the Salina Area United Way, read the proclamation and
announced related activities.
(3 .2) Recognition of the month of October, 2022, as Domestic Violence Awareness Month
in the city of Salina. Mary Cookson, Victim Advocate at DV ACK (Domestic
Violence Association of Central Kansas), read the proclamation and announced
related activities.
(3.3) Recognition of October 24, 2022, as World Polio Day, in the city of Salina. Sean
Ryan, President of the Salina Noon Rotary Club, read the proclamation and
announced related activities.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(4.1) Dangerous Structure at 316 W. South Street.
(4.la) Public Hearing
( 4.1 b) Approve Resolution No. 22-8087 setting the date for a public hearing to
consider whether a dangerous structure at 316 W. South Street shall be
condemned and ordered demolished or repaired.
Shawn Homan, Interim Building Official, explained the request, fiscal impact and action
options.
Mayor Davis opened the public hearing.
A brief discussion followed related to the mailing address for the property owner, due
diligence and emergency abatement for safety reasons. There was no public comment.
Mayor Davis closed the public hearing .
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r-"\22-0299 Moved by Commissioner Longbine , seconded by Commissioner Ryan , to approve Resolution No.
22-8087 setting the public hearing for the dangerous structure at 316 W. South Street for December
5, 2022. Aye: (4). Nay (0). Motion carried. lJ
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(4.2) Dangerous Structure at 901 N. 7th Street.
( 4.2a) Public Hearing
(4.2b) Approve Resolution No. 22-8088 declaring a certain structure located at 901
N. 7th Street to be unsafe and dangerous, directing that the structure be
repaired or removed , and establishing a reasonable time within which the
repair or removal of such structures shall commence and be completed.
Shawn Homan , Interim Building Official , explained the request, fiscal impact and action
options. Mr. Homan also shared a statement from the property owner requesting additional
time to salvage housing materials and demolish the structure .
A discussion ensued related to demolition, salvaging of materials , timeline for city
demolition, imminent danger of the structure , risk of collapse and property securement.
Mayor Davis opened the public hearing .
Mark Labes, Salina, Kansas , stated that if the property was in imminent danger of collapse it
would have collapsed after the recent high winds.
Mayor Davis closed the public hearing.
Greg Bengtson, City Attorney , suggested the pending resolution may require an amendment
to accurately articulate the details based upon the request by the property owner for
additional time .
Further discussion ensued which included proposed timeline of property securement,
description of placarding, imminent danger, access restriction, salvaging , demolition ,
commencement date of work and completion date of work.
Mayor Davis closed the public hearing.
22-0300 Moved by Commissioner Ryan, seconded by Commissioner Longbine, to postpone consideration of
Resolution No. 22-8088 to the next meeting date of November 7, 2022. Aye: (4). Nay (0). Motion
carried.
22-0301
CONSENT AGENDA
(5 .1) Approve the minutes of October 17 , 2022.
Moved by Commissioner Ryan, seconded by Commissioner Longbine , to approve the minutes of
October 17, 2022. Aye: (4). Nay (0). Motion carried.
ADMINISTRATION
(6 .1) Approve Ordinance No . 22-11136, on second reading , amending Chapter 38 , Article
III of the Salina Code by amending sections 38-57 , 38-58 , 38-59 and 38-62
pertaining to contracts for vehicle towing and storage services .
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Mike Schrage, City Manager, indicated an email had been received from Palmer Truck &
Trailer Repair (Palmer) addressing the proposed ordinance.
Jacob Wood, Deputy City Manager, also indicated he had received contact from Roy
Palmer, together with another representative of Palmer, relating to the concerns outlined in
the aforementioned email as well as contact from B WP Repair indicating they were not
concerned with another towing company having two slots on the towing rotation.
A discussion followed related to guidelines to distinguish separate and distinct entities,
shared ownership, City Manager's authority to make a determination regarding entities,
appeal procedure, complaints from towing companies, towing rotation and estimated
number of towing calls channeled through the Salina Police Department.
Roy Palmer, Salina, Kansas, owner of Palmer Truck, apologized for not being here last
week. Mr. Palmer confirmed he has ownership in both Palmer Trucking and A & A Towing
(A&A).
Commissioner Hoppock inquired of Mr. Palmer whether or not a vehicle from A & A would
be sent on a call if Palmer was on the towing rotation for the week and had no available
equipment to send.
Mr. Palmer explained that if Palmer was dispatched and there was no truck available,
Palmer could use any other company on the rotation for assistance. Mr. Palmer further
explained that both companies were consolidated for tax purposes. Mr. Palmer then shared
that when he purchased A & A, there were no issues with A & A staying on the rotation and
he purchased the company under the assumption it would stay on the rotation .
Further discussion followed related to bid rate, entity distinction, operational costs, a Palmer
truck showing up after A & A was called, additional amounts billed to clients, profitability,
and contract fulfillment.
Captain Paul Forrester, Salina Police Department, stated if there was no response from the
company on rotation for any given week, the call would go to next company on rotation.
Mr. Forrester also indicated that police dispatch has a copy of the rotation schedule and that
the contracted companies know the weekly rotation for staffing purposes.
An additional discussion ensued which included individual request of a non-contracted
towing company, urgency of vehicle removal, towing rotation and entity types.
Jon Blanchard, stated he never received notification of the meeting and asked the City
Manager to investigate. Mr. Blanchard also stated that if Palmer and A & A are fulfilling all
obligations they should be looked at as separate entities as other towing companies could do
the same thing.
Dalton McDowell, Salina, Kansas, asserted that if all towing companies were in agreement
there should not be an issue.
The discussion continued with payment for services, fee schedule, towing arrangements,
separate business entities and equitability.
Evan Larson, Salina, Kansas, owner of Salina Wrecker, indicated he has used both A & A
and Palmer to assist on other jobs when his company does not have the manpower and stated
he does not have an issue with the two companies. Mr. Larson also indicated that the
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calendar used for towing rotation schedules by the Salina Police Department needed to be
updated.
Mark Labes, Salina, Kansas , agreed that the calendar being wrong could be the big issue
instead of the ordinance as well as agreed one owner of two companies was not a big issue .
Mr. Palmer pointed out that he has a lot of equipment the other companies do not have and
not having his companies on the rotation could be a hindrance to the community. Mr.
Palmer also confirmed Saline County uses the same rotation schedule.
Mr. Schrage suggested an alternative approach to ownership could be company size in that
the larger the company, the larger the time slot.
Commissioner Hoppock stated that a change in rotation would not change Palmer 's ab ility
to use their equipment.
22-0302 Moved by Commissioner Hoppock, seconded by Commissioner Ryan , to approve Ordinance No.
22-11136 , on second reading. A roll call vote was taken. Aye: (2). Nay (2 -Davis , Longbine).
Motion defeated.
(6.2) Approve Resolution No. 22-8083 authorizing the Mayor to execute a License
Agreement with Community Housing Development Corporation of Central Kansas
for property located at 1031 E. Elm Street.
Shawn Henessee , Assistant City Manager, explained the request, fiscal impact and action
options.
Gary Hobbie, Salina, Kansas , previous Director of the Community Housing Development
Corporation of Central Kansas , elaborated on the property purchase and introduced the new
director.
22-0303 Moved by Commissioner Longbine , seconded by Commissioner Ryan , to approve Resolution No.
22-8083. Aye: (4). Nay (0). Motion carried.
DEVELOPMENT BUSINESS
(7 .1) Approve Resolution 22-8085 supporting and approving the inclusion of Pioneer Hall
on the Kansas Wesleyan University campus on the Register of Historic Kansas
Places and National Register of Historic Places.
Dean Andrew, Planning and Zoning Administrator, explained the request , fiscal impact and
action options.
22-0304 Moved by Commissioner Ryan, seconded by Commissioner Hoppock , to approve Resolution No.
22-8085. Aye: (4). Nay (0). Motion carried.
(7.2) Approve Resolution No. 22-8086 authorizing the Mayor to execute a License
Agreement with Bhakta Construction , Inc to allow the installation of a private sewer
service line within the North Street right-of-way commencing west of Broadway
Boulevard and connecting to the City 's sewer system at a point east of Broadway
Boulevard.
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Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact and
action options.
A brief discussion developed which included location of sewer line, responsibility for
repairs, existing water line and method of installing the sewer line.
Ben Windholz, Salina, Kansas, shared his thoughts on the sewer main, regulations and rules
for a line routed under a state/federal highway as well as location where the line terminates.
Mr. Andrew confirmed Broadway was no longer a U.S. highway as it had been quitclaimed
to city by the Kansas Department of Transportation KDOT. Mr. Andrew also confirmed
project plans need to be approved by the Public Works and Utilities Departments to make
sure city standards and other applicable regulations are met.
Commissioner Longbine questioned the intended use of the sewer line.
Roger Bhakta, Salina, Kansas, indicated the house and trees had been removed and as all the
dirt work was being done, he wanted to get the sewer line put in. Mr. Bhakta confirmed
there were no future plans for the property at this time.
22-0305 Moved by Commissioner Ryan, seconded by Commissioner Hoppock, to approve Resolution No.
22-8086 authorizing the Mayor to execute a License Agreement with Bhakta Construction, Inc. to
"' allow the installation of a private sewer service line within the North Street right-of-way
commencing west of Broadway Boulevard and connecting to the city's sewer system at a point east
of Broadway Boulevard. Aye: (3). Nay (1 -Longbine). Motion carried.
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(7.3) Approve Ordinance No. 22-11137 changing the zoning district classification from R-
I (Single-Family Residential) to R-2 (Multi-Family Residential) on Lot 8 and 9,
Block 3 of the Ryan Addition, located south of Schilling Road and east of Ohio
Street in the City of Salina, Kansas.
Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact and
action options.
Commissioner Lenkiewicz joined the meeting and confirmed he was fully apprised of the
agenda item being discussed.
22-0306 Moved by Commissioner Longbine, seconded by Commissioner Ryan, to approve Ordinance No .
22-11137 on first reading, changing the zoning district classification on Lots 8 and 9, Block 3 of the
Ryan Addition to R-2 as requested. Aye: (5). Nay (0). Motion carried.
(7.4) Approve Resolution No. 22-8090 adopting the Live Salina Plan 2022 Supplement.
Lauren Driscoll, Director of Community and Development Services, explained the request,
fiscal impact and action options.
A brief discussion followed which included the intent and purpose of the information and
availability of the information to the public.
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Jon Blanchard, Salina, Kansas, stated that information is only as good as the data behind it
and expressed his disbelief in the census data being used as well as disbelief that there is a
current housing crisis in the city.
Norman Mannel, Salina, Kansas, stated there was no need to expand as water is drying up.
Ms. Driscoll addressed Mr. Blanchard's concerns.
Another brief discussion developed related to possible shift in individuals renting in lieu of
buying due to interest rates, work force housing and population.
Moved by Commissioner Longbine, seconded by Commissioner Ryan, to approve Resolution No.
22-8090. Aye: (5). Nay (0). Motion carried.
OTHER BUSINESS
Mayor Davis commented on the beautifully upgraded KWU campus, student recruiting and
the need for host families.
CITIZENS FORUM
Norman Mannel, Salina, Kansas, suggested employers build company housing for their
employees.
Jon Blanchard, Salina, Kansas, inquired about information on the access road for the River
Run Addition, stated the city was in violation of the fire code and a decision needed to be
reached .
EXECUTIVE SESSION
22-0308 Moved by Commissioner Longbine, seconded by Commissioner Ryan, to recess into executive
session, following a 5-minute break, for 25 minutes to discuss the subject of legal considerations
relating to the Drever Partners, LLC development proposal 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. 75-7319(b )(2). The open meeting will resume in this
room at 7:45 p.m. Aye (5). Nay (0). Motion carried.
The City Commission recessed into executive session at 7:20 p.m. and reconvened at 7:45
p.m.
Also present in the executive session were Mike Schrage, City Manager, Jacob Wood,
Deputy City Manager, Shawn Henessee, Assistant City Manager, Lauren Driscoll, Director
of Community and Development Services and Greg Bengtson, City Attorney.
No action was taken.
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ADJOURNMENT
2-0309 Moved by Commissioner Ryan, seconded by Commissioner Longbine, that the regular meeting of
the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
::i adjourned at 7:47 p.m.
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Trent W. Davis, M.D., Mayor
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