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03-22-2021 Agenda and Packet - AMENDED1 near capacity. were Monday and Wednesday classes –up well First Tee programming held · phoned off the pond.cleaned up and syinto the golf course pond. Contractor cleanup is going well and the majority of the oil has been ball diamonds at BFRA. This spillage found its way into an old water drainage line that empties , an accidental oil spill occurred behind the 2021 in February Due to the severe cold weather · resolved.Final purge of the irrigation system was done in December and all issues with the system were · May.It is forecasted to be completed in staining, concrete steps, fascia and soffits installation.wood , Work remaining includes interior and exterior finishes .progressingJoe Milbradt Pavilion is · and clean. olunteered and assisted in keeping the range and area around the clubhouse neat Patrons v · 10 days.-and were playing like normal with 7Greens were aerified in 3 ½ days and the impact was very minimal. They recovered quickly · December. 1,076 of them being in December (the most rounds of golf played in December November, and Over 4,800 rounds of golf were played during the months of October, · Salina Municipal Golf Course .Recreational Areasignage has been installed for Berkley Family park New · .by teams being used and edcomplethas been project The Evans turf project. Dean the made with was An abundance of progress · town.-of-tournaments including 343 teams, 239 being from outeason wrapped up in October finishing with 12 sbaseball/softball Under a volunteer concept, the outdoor · town. -of-teams, 271 being from outSalina Fieldhouse still hosted 12 Tournaments with 377 Despite the pandemic and being closed 9 months, the · .to the rising COVID casestime staff, but was quickly shut down due -full operated byThe Fieldhouse did briefly open for 3 weeks in November · September through October. academy including 44 participants that ran from conduct an outdoor soccer league which transpired into an authorized recreation staff to CommissionThe City · 19.-The main theme for the months of October through December was responding to COVID · Fieldhouses & Athletic PARKS & RECREATION DIRECTOR NCOTTECHRIS Quarter 2020 th 4 – TRATIVE BRIEFISADMIN , 2021 nd March 22 CITY COMMISSION INFORMATION MEMORANDUM 2 Highlightsstry Fore .Cleaned Sunset Storage compound and inside Stimmel storage building · .s Day ceremony’Prepared Sunset War Memorial for Veteran · .Two parks staff crossed trained with Cemetery · .s for snow removal rted three mowers to Polar Trac’Conve · of the Golf Course.Cleaned drainage ribbon on the south end · Park getting us closer to completing all repairs required.Sunset at the pond at fence Repaired · Mulched leaves in parks · Winterized all restrooms and drinking fountains · .storage compoundout of a truck parked in the broken were windows the llThere was vandalism at Sunset Park. A · rsade repairs to backflow preventeM · Volunteers cleaned homeless debris at Lum Felton and Founders Parks · Wedding at the Gazebo in Oakdale · Park and Indian Rock Park BurkeBill at meet was held Cross Country · East Crawford Recreation Area)Area (formerly known as alBerkley Family Recreation races atSports Car Club of America · Cleaned up homeless items from under the Mulberry and Walnut street bridges · Mowed parks · Position Conducted interviews for Forestry · HighlightsParks Parks, Forestry & Landscaping they plan on returning to Kenwood Cove for the 2021 season.contact with previous staff members from 2019 to remind them about recertification if Made · p swims, and tot time.like water walking, swimming, lessons, laContinued to work on and develop the overall schedule for 2021 including the programming · Amusement Ride regulations. Finished the permitting process on all 5 of the water slides under Kansas Department of Labor · t.roof to use at Kenwood Cove. Will need to purchase more rock to finish projecRelocating rock used on the police department rock has settled and there are now bare spots.different vendors for prices on adding new rock under the slide tower as the current Met with · before the season begins.will be installed and Purchased a new compressor for the wave pool · Kenwood Cove .Decemberduring the months of October, November, and Instructional Programs were placed on holdrecommended by the City Commission, all 19 and cost saving measures - · Instructional during the months of October, November, and December. Special Events were placed on hold19 and cost saving measures recommended by the City Commission, all - · Special Events .15th uaryJan h our own. Classes will startgolf simulator along witWith the Fieldhouse being closed, First Tee partnered with Sky Trampoline Park to use their 3 and digging out burials sites. Cross training two park staff employees on marking · Upgraded cemetery Cembase software for burial data and mapping. · Trac.-Park staff with converting out mowers to PolarHelped · Section of unpaved roads asphalted. Two more sections left to be paved. · Cemetery Highlights One Park Technician will be retiring in March 2021 (Parks) · (Parks) One Park Operation Manager position is open · Three Park Technician positions are open (two in Forestry and one in Landscape) · .were out for COVID related issues members Four staff · General Information re held during the months of July, August, and September.we No meetings · Tree Board Notes .Stimmel storage areaout from the trees and debris Cleared · .River Woods Nature Areathe Mowed trails at · to prepare for the colder weather. Winterized all 30 irrigation systems · .irrigation leak at the new training facility an with Assisted the Salina Police Department · .recertificationaff attended pesticide training and St · . atrea Removed dead annual flowers in · .Streetscape irrigationthe Worked on · .Area alat Berkley Family Recreation ieldsathletic f ed and aerified theOver seed · complex. BurkeBill rrigation repairs at Made i · (BFRA.) Area althe Berkley Family Recreationand complex Burkethe Bill at and fertilized fields Mowed · in town. islands and medians the Mowed · .heads and valves at Dean Evans to prepare for the turf project, removed the irrigation clock, salvaged sprinkler tionapped off irrigaFacility Maintenance c · Landscaping Highlights up plant debris at the Community Gardens areas Cleaned · .possibly looking into a contract tree trimming program and ight of Wayscuss Rto di ed a meeting with Street DepartmentAttend · .Replanted a memorial tree in Oakdale Park · .Trimmed trees and shrubs on East Magnolia · .line issues at intersections-sightCleared several · .Magnolia Soccer Complex the atand Area (formerly known as East Crawford Recreation Area) alBerkley Family Recreationthe fringe areas at Flor de Sol, the , in town ediansthe islands and m, Park Mowed at Bill Burke · 4 PM’s 51 work orders/51 December PM’s 31rk orders/ wo22 November work orders/46 PM’s 45 October Quantity Work Order/Preventative Maintenance (PM) Building Maintenance Facilities Maintenance Division with generator installation in January.pproval to proceed Received the a · dog park behind the shelter. the for estimates on fencingGathered · report year Petco Foundation-of-Completed the end · tmas special during the month of December for adoptions.Ran a Chris · e in Wichita due to low numbers there.Transferred more dogs to Kansas Human · .Novemberan Animal Control Officer in Hired · in Wichita Society Transferred animals to the Manhattan Shelter and Kansas Humane · dog and cat adoptionsOffered a Halloween special the whole month of October for · ervicesAnimal S Therapeutic Recreation programs were placed on hold.19 and cost saving measures recommended by the City Commission, all - · Therapeutic Recreation the proper location.. It will be put back to proper positionbulkhead has moved out of the of the walkway that sits on thehe end tAdditionally, and a cost to replace is being acquired. One floating section on the walkway has a small crack in it irs that need to be addressed. and there are a few minor repacompleted recently . A visual inspection wasMarch of 2020that was expanded and repaired in dock Lakewood about thecomplaints/comments/questions Staff has not received any · .Park trout at the lake at Lakewood stocked-Re · and maintenance at the Discovery Center. imal careAn · akewood and Indian Rock.leared some invasive trees from the prairie at LC · maintained trails Picked up trash and · Lakewood Highlights of 2017.ns. First columbarium was put in place in August ur96 niches. Each niche is capable of holding two al Columbarium in place. That brings the total to Fin · Sprayed cemetery 24D for broadleaf. · and painting)(New wood Working on picnic tables and benches · 20 marker permits sold. · 35 spaces and 3 niches sold. · 2020.Quarter of th the 4in formedwere per 32 burials · 5 2 Part time Custodian 3 Full time Custodians -Staff Responsible for the cleaning and sanitization of 15 facilities, totaling over 231,000 sq. ft.-Scope October ustodialC Maintenance staff patched several areas of the roof at SPD · doors installed, red iron completed, siding installed on north sideMaintenance staff continued work at the Golf Course Pavilion; installed new roof, overhead · windowGarage, removed previous Maintenance staff installed a 48”x48” sliding window at Central · time maintenance technician-a fullired H · time maintenance technician-a fullired H · December Rick Schriner retired on 11/12/20 · patched roof leaks at SPDMaintenance staff · Maintenance staff continued work at the Golf Course Pavilion · November stamped concrete for the new Golf Course Pavilion. Completed the stone pattern · preventative maintenance service on 64 HVAC units at 22 different facilitiesPerformed · rCompleted the annual kitchen exhaust hood fire inspection at the Salina Art Cente · Repaired Sink drain at the Salina Community Theater · Completed Annual fire door drop tests at the Salina Fieldhouse · Installed new drop box in front of Salina Animal Shelter · ntRepaired overhead door at Police Departme · Hung accreditation certificates at Salina Police Department · Replaced Faucet in conference room at General Services · annual City wide fire extinguisher inspections-Completed semi · Repaired roof leak at Central Garage · Completed carpet repairs at Municipal Court · Completed annual Boiler inspections at multiple facilities · Isolated and repaired roof leaks at the Salina Police Department · testing winterized water systems at Kenwood Cove during equipment/system -winte-De · Winterized Athletic Field Bathrooms · construction meeting for new tennis complex -Attended Development/Pre · construction and construction meetings-Attended Baseball Enterprises pre · remodel Projectin preparation for the upcoming Baseball Enterprises Capped 4” irrigation line at Dean Evans · October 6 of 2021. quarter he fourtha summary for tarts has labor, maintenance material, subcontract expense, and utility expenses. The following pie ch2018. The tracking expense for each facility includes custodial labor, custodial material, maintenance id through its division beginning in Facilities Maintenance has been tracking all expenses that are flu time custodian-a partired H · Harold Klein retired on 12/31/20 · SPD interrogation room & holding cells in efforts to ensure a safe public environmentMunicipal Court, day, daily, sanitizing (fogging) at the Salina -Maintenance Staff performed mid · Continued to clean and sanitize the city occupied facilities · 2 Part time Custodian 3 Full time Custodians -Staff ation of 15 facilities, totaling over 231,000 sq. ft.Responsible for the cleaning and sanitiz-Scope December time custodian-a fullired H · SPD interrogation room & holding cells in efforts to ensure a safe public environmentday, daily, sanitizing (fogging) at the Salina Municipal Court, -dMaintenance Staff performed mi · Continued to clean and sanitize the city occupied facilities · 2 Part time Custodian 3 Full time Custodians -Staff Responsible for the cleaning and sanitization of 15 facilities, totaling over 231,000 sq. ft.-Scope ovemberN .Interviewed applicants for the 2 vacant full time custodial positions that have been open · SPD interrogation room & holding cells in efforts to ensure a safe public environmentday, daily, sanitizing (fogging) at the Salina Municipal Court, -performed midMaintenance Staff · Continued to clean and sanitize the city occupied facilities · 7 General ServicesArt CenterMunicipal CourtAccess TVMemorial HallKenwood CoveFriendshipCarverMuseumFieldhousePolice$3,847.11, General Services$11,594.76, Theatre$7,027.66, Art Center$7,014.37, Municipal Court$3,135.18, Access TV$7,510.87, Memorial Hall $13,880.59, CoveKenwood $3,401.19, Friendship$2,082.86, Carver $21,302.30, $9,752.13, Fieldhouse$30,199.37, Police Decemberand October, November, – Quarter th 4 –Facility Expenses Total 8 0202 -Completed Work Order by Craft Total 2020 -Completed Work Orders by Location Total City of CITY COMMISSION AGENDA GENERAL ORDER OF BUSINESS AND Ss�I�1 I PUBLIC PARTICIPATION POLICY 1. CALL TO ORDER/ROLL CALL 6. CONSENT AGENDA 2. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE 7. ADMINISTRATION 3. AWARDS - PROCLAMATIONS 8. DEVELOPMENT BUSINESS 4. CITIZEN FORUM 9. OTHER BUSINESS 5. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME 10. ADJOURNMENT Study Sessions and City Commission meetings will take place in—person at the City/County Building in Room 107 and via Zoom until further notice. Meetings can be viewed at the City of Salina YouTube channel, https://www.youtube.com/citvofSalinaKansas. To participate via Zoom, citizens will need to use the following link: htt1)s://us02web.zoom.us/0/89275984587 The meeting can also be accessed by phone at 1-346-248-7799. Enter Meeting ID: 892 7598 4587 when prompted. If citizens wish to speak, either during the public forum or when the Mayor requests public comment on an item, citizens attending via Zoom must raise their hand so that the meeting host can allow them to speak. Those who attend the in-person meeting will have the opportunity to speak at the podium. Citizens can also send written comments or questions to City Commissioners via email at citycommission@salina.org. In order for the commissioners to have an opportunity to review comments in advance of the meeting, please email your comments or questions by 5:00 p.m. the Sunday prior to the Monday meetings. Introduction Under the Kansas Open Meetings Act (KOMA), the public has the right to observe the meetings of the Salina City Commission, unless the City Commission has recessed into a lawfully conducted executive session. The KOMA does not require the opportunity for public comment — that opportunity is provided at the discretion of the City Commission, except as required by State law or City ordinance in certain specific circumstances. This policy outlines the various circumstances under which the City Commission meets and elaborates on the City Commission's Rules of Procedure by addressing the rules regarding the time, place, and manner of public participation in the City Commission meetings from the standpoint of the participating member of the public. This policy is intended to strike a lawful balance between First Amendment protections and the substantial public interests of (1) assuring that meetings of the City Commission can occur in an efficient, orderly, and safe manner and (2) promoting productive public discourse regarding the governance and administration of the City while maintaining decorum in an environment free from interference, distraction, or intimidation, whether real or perceived, by any person present in the meeting room toward Commissioners or members of the public. Submission of Written Information Written information may be submitted to the City Clerk prior to a City Commission meeting for distribution to Commissioners and key staff members or may be presented during the meeting upon recognition by the Mayor as a speaker in the manner described below. Ten (10) copies should be provided to insure that all applicable parties are able to receive and review the information provided. Citizen Forum Citizen Forum provides an opportunity for Salina citizens to address the City Commission on a topic which is not on the meeting agenda. After the Mayor announces Citizen Forum, any citizen wishing to address the City Commission should, in turn, approach the podium to be recognized by the Mayor. Upon recognition by the Mayor, the speaker must indicate his or her name and city of residence and may address the City Commission for no longer than the allowed time period which is typically five (5) minutes but may be altered and announced by the Mayor based upon the number of persons expected to speak during the Citizen Forum. While addressing the City Commission, the speaker may request permission from the Mayor to distribute any written information to Commissioners, the City Manager, and the City Clerk. The City Commission is not expected to take immediate action in response to the presentation. At the discretion of the City Commission, subjects introduced under Citizen Forum may be referred to City staff for follow-up or may become an agenda item for a future meeting. A speaker should not expect to engage in two-way dialogue with the City Commission. A speaker should provide his or her comments for commissioners' consideration at their discretion. Consent Agenda The Consent Agenda assembles routine action items for collective approval in the interest of efficiency of the meeting. Any item may be removed from the Consent Agenda for separate consideration either (a) at the request of a Commissioner or City staff, or (b) by majority vote of the City Commission upon request by a Salina resident directed to City staff or a Commissioner either prior to the start of the meeting or during Citizen Forum without discussion. Public Hearings and Regular Agenda Items Following introduction of any public hearing or regular agenda item, consideration of the item will ordinarily begin with a staff report followed by Commissioners' questions of staff. If the matter involves an applicant, the applicant or the applicant's representative will be given the opportunity to address the City Commission. In the case of a public hearing, the public hearing shall be conducted in the manner required by State law or Salina ordinance and any person entitled to address the City Commission shall be provided that opportunity, regardless of his or her viewpoint on the matter, subject to the allowed time period. In the case of a regular agenda item, subject to the discretion of the City Commission, any interested persons wishing to address the City Commission regarding the subject of the agenda item, regardless of his or her viewpoint on the matter, may be given the opportunity do so, subject to the allowed time period. In the case of either a public hearing or regular agenda item, those allowed to address the City Commission may do so by, in turn, approaching the podium to be recognized by the mayor. Public Hearings and Regular Agenda Items Cont'd. Upon recognition by the Mayor, the speaker must indicate his or her name and city of residence and may address the subject of the agenda item for no longer than the allowed time period which is typically three (3) minutes but may be altered and announced by the Mayor based upon the number of persons expected to speak during the public hearing or regular agenda item. While addressing the City Commission, the speaker may request permission from the Mayor to distribute any written information regarding the subject of the agenda item to City Commissioners, the City Manager, and the City Clerk. The speaker should avoid repeating what has already been said and should feel free to simply state whether he or she is or is not in support of the matter being discussed. A speaker should not expect to engage in two-way dialogue with the City Commission. A speaker should provide his or her comments for commissioners' consideration at their discretion. Executive Session The Kansas Open Meetings Act allows the City Commission to recess into an executive session based upon certain justifications outlined in the act. The City Commission may recess into executive session based upon a motion that includes (1) a statement describing the subjects to be discussed during the executive session, (2) the statutory justification for the executive session, and (3) the time and place at which the open meeting shall resume. Executive sessions are closed to the public, however, when conducting an executive session, the City Commission will recess to another location so that members of the public attending the open meeting will be allowed to remain in the meeting room. Study Session The City Commission may meet in study session on topics determined by the City Manager or the City Commission on a specific date and time. As the name suggests, the study session is intended to provide a less formal opportunity for the City Commission to study, discuss, and provide direction to City staff regarding the subject under study. Study sessions are open to the public, however, the extent of public participation is subject to the discretion of the City Commission based upon available time during the study session and the need for public input in order to accomplish the objectives of the City Commission in studying the subject of the study session. Special Limited _Public Forum A special limited public forum may be called by the City Commission for the purposes of (a) conducting public discussion and (b) seeking public comment and/or the submission of written information regarding a particular subject matter. A special limited public forum may be convened in the City Commission's regular meeting room or at an alternative, publicly accessible site suitable for the anticipated number of participants in the forum. At the appointed time on the agenda, any persons wishing to address the City Commission regarding the subject of the special limited public forum, regardless of their viewpoint on the matter, may do so by, in turn, approaching the podium or microphone to be recognized by the Mayor. Upon recognition by the Mayor, the speaker must indicate his or her name and city of residence and may address the subject of the special limited public forum for no longer than the allowed time period determined and announced by the mayor based upon the number of persons expected to speak during the forum. While addressing the City Commission, the speaker may request permission from the Mayor to distribute any written information regarding the subject of the special limited public forum to City Commissioners, the City Manager, and the City Clerk. Forms of Communication or Expression Not Allowed in the Meeting Room To assure fulfillment of the substantial public interests outlined above, no member of the public attending the City Commission meeting shall in the meeting room engage in the following forms of communication or expression found by the City Commission to be in conflict with the substantial public interests outlined above and, therefore, not allowed in the meeting room (the "disallowed conduct"): Before, during, or after the meeting: (1) Possessing, placing, or displaying a sign, placard, flag, or banner, regardless of its size, the material of which it is made, or its written, graphic, or symbolic content; During the meeting: (2) Audibly speaking, or making any sound or noise other than while speaking as a speaker recognized by the mayor; (3) Applauding, whistling, cheering, clapping or otherwise expressing agreement with a speaker recognized by the mayor; (4) Booing, jeering, taunting, ridiculing, mocking or otherwise expressing disagreement with a speaker recognized by the mayor; (5) Inaudibly mouthing or gesturing messages deemed to be distracting to other persons in the meeting room; (6) Making available or distributing written materials to those in attendance. Forms of Communication or Expression Not Allowed in the Meeting Room Cont'd. Persons attending a City Commission meeting must turn off or set on vibrate all cellular telephones. Any person exhibiting any form of the disallowed conduct will first be warned by the Mayor to cease. If the person continues the disallowed conduct, the Mayor may ask the person to leave the meeting room. If the person does not promptly leave the meeting room, the Mayor may direct that the person be escorted from the meeting room. Agenda Information Copies of the agenda are available in the Office of the City Clerk on Thursday afternoon preceding the regular meetings. Items for the agenda should be submitted to this office prior to noon the Wednesday preceding a regularly scheduled Monday meeting. Information regarding the agenda may be obtained from Room 206 in the City -County Building, located at 300 W. Ash, Salina, KS or visiting our website at www.salina-ks.gov. "CITIZEN PARTICIPATION IS THE CORNERSTONE OF DEMOCRACY" 1. CALL TO ORDER SALINA CITY COMMISSION REGULAR MEETING AGENDA CITY -COUNTY BUILDING, 300 W. ASH, ROOM 107 SALINA, KANSAS MARCH 22, 2021 4:00 P.M. a. Mayor request staff confirmation that Kansas Open Meeting Act required notice has been properly provided b. Roll call 2. MOMENT OF SILENCE 3. AWARDS AND PROCLAMATIONS 4. CITIZENS FORUM 5. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME 6. CONSENT AGENDA (6.1) Approve the minutes of March 15, 2021. (6.2) Acceptance of KDHE Amended Consent Agreement and Final Order for the Former Schilling Airforce Site. (6.3) Award Contract for 2021 Ultrathin Bonded Asphalt Surface (UBAS) (6.4) Award Contract for 2021 Mill and Inlay 7. ADMINISTRATION (7.1) Consider Section 888 Special Alcohol Allocations for 2021-2022. (7.2) Campbell Plaza Redevelopment/ Acquisition Request Discussion. (7.3) Resolution No. 21-7943 expressing the intent of the Governing Body to the proposal by the Friends of the River Foundation and the YMCA. (7.4) Resolution No. 21-7930 authorizing the Mayor to execute a transferee agreement with Salina 2020, Inc. and Fourth & Walnut, LLC. (7.5) Jerry Ivey pond Rehabilitation, Downsizing, or Removal Plan. (7.6) Resolution No. 21-7944 appointing Human Relations Commission member to Law Enforcement Citizen Review Board. 8. DEVELOPMENT BUSINESS Change in Zoning District Classification (8.1) Application #Z18 -6A, filed by Sunset Custard DT, LLC, requesting approval of an amendment to an existing PC -3 (Planned Shopping Center) zoning district at 916 East Crawford Street. (8.1a) First reading Ordinance No. 21-11056 9. OTHER BUSINESS 10. ADJOURNMENT fY of Safina City -County Building 300 West Ash Street P.O. Box 736 Salina, KS 67402-0736 CITY COMMISSION MELISSA ROSE HODGES, MAYOR TRENT W. DAVIS. M.D. ROD FRANZ MIKE HOPPOCK KARL F. RYAN CITY MANAGER MICHAEL D. SCHRAGE DEPUTY CITY MANAGER JACOB WOOD TELEPHONE (785) 309-5700 FACSIMILE (785)309-5711 WEBSITE: www.salina-ks.gov Study Sessions and City Commission meetings will take place in --person at the City/County Building in Room 107 and via Zoom until further notice. Meetings can be viewed at the City of Salina YouTube channel, https://www.youtube.com/cityofSalinaKansas CITY COMMISSION STUDY SESSION MEETING DATE: Monday, March 22, 2021 TIME: 3:00 p.m. To participate in the study sessions and meetings, citizens will need to use the Zoom link - https://us02web.zoom.us/'/89275984587 The Zoom meeting can also be accessed by phone at 1-346-248-7799. Enter Meeting ID: 892 7598 4587 when prompted. If citizens wish to speak, either during the public forum or when the Mayor requests public comment on an item, citizens must raise their hand so that the meeting host can allow them to speak. Citizens can also send written comments or questions to City Commissioners via email at cit commission salina.or In order for the commissioners to have an opportunity to review comments in advance of the meeting, please email your comments or questions by 5:00 p.m. the Sunday prior to the Monday meetings. The following have been identified as topics of study and discussion: 3:00 p.m. — Salina Drive Thru Recycling Center Lease Renewal Information Notes: The Salina City Commission meets from time to time in study session. These sessions may be held before or after a regular City Commission meeting, or at a separate date and time. The purpose of a study session is to allow adequate time for staff reports and Commission discussion and review of specific public policies and issues. All meetings are open to the public and news media representatives. No formal action is taken at a study session, but matters reviewed at a study session may be acted on at a later formal City Commission meeting. MEMBER... LEAGUE OF KANSAS MUNICIPALITIES -NATIONAL LEAGUE OF CITIES Zoom Meeting Cheat Sheet To use Zoom, you will need: • a microphone: these are usually built in, or will be in your webcam if you use one • speakers: either built in or free standing and plugged into your device. • a camera: either built into your PC/Mac/mobile device or a separate webcam. Joining a meeting: • At the start time of your meeting —or just before, click on the link provided in the City Commission Packet: https.Hus02web.zoom.us/1/89275984587 • If you haven't already downloaded the Zoom app, you'll be prompted to do so now. • If you have downloaded, then click on Open zoom.us to launch the app. • You will be prompted to select your video option: join with video or join without video (select one on screen) • The meeting host will be notified that you are joining the meeting and will admit you. • You may be prompted to choose your audio option. Select Join with Computer Audio. • You can test your audio by clicking on test speaker and microphone and adjust to suit. Meeting Controls: Pl ., CNS AMM MAio TT t spe ,. -6 tA—ph— _i Automatically loin audio by computer »filen joining a meeting • Mute/Unmute: Mute and unmute your microphone. This control will be disabled. The host can grant permission for attendees to speak at the appropriate time. • Start Video/Stop Video: Turns your camera on or off. • Video Controls (click the ^ arrow next to Start Video/Stop Video): Change cameras if you have multiple cameras. • Participants: Click the participants button to bring up the Participant Box to see who is currently in the meeting and to access these functions: o Rename: Hover over your name and click Rename to change your screen name. o Raise Hand: Tap your name and then tap Raise Hand to indicate that you would like to speak. You will see the raised hand icon beside your name in the participants list. You can click it again to lower hand. • Chat: Click the chat button to bring up the Chat box. Participants will only be to send a private message to the Host. No public messages or messages between participants will be allowed. - ❑ x Participants (2) MCey of Salina (Me) i D i® Jacob'wood (Host)` U Invite Mute Me CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS March 15, 2021 4:00 p.m. The City Commission convened at 3:00 p.m. for the Kenwood Cove Modified Operations 2021 at City -County Building, Room 107. Mayor Hodges 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 fledge of Allegiance and a moment of silence. Those present and comprising a quorum: Mayor Melissa Rose Hodges (presiding), Commissioners Trent W. Davis, M.D., Rod Franz, Michael L. Hoppock, and Karl Ryan. Also present: Michael Schrage, City Manager; Jacob Wood, Deputy City Manager; Greg Bengtson, City Attorney; and Cheryl Mermis, Deputy City Clerk AWARDS AND PROCLAMATIONS None. CITIZENS FORUM Deborah Corrales, Salina, provided handouts to the City Commissioners and staff on genetics and the social behavior of dogs. Ms. Corrales provided a short statement and made a request, for the City to remove breed specific regulations. Dalton McDowell, Salina, provided his thoughts on the face mask mandate. Tyler Sartain, Salina, made a statement and requested the Commissioner's repeal breed specific legislation [BSL]. Mayor Hodges, stated she appreciated the knowledge that both Ms. Corrales and Mr. Sartain has continued to share with the Commission regarding breed specific legislation. Mayor Hodges reminded citizens, that the Governing Body addressed the issue in the fall of 2019, and collectively made the decision not to repeal the regulation and further stated that it would take the entire Governing Body to repeal the decision. Michael Schrage, City Manager, stated staff was researching the process for animal advocates, to initiate a petition, to have the repeal of BSL placed on a ballot for a community vote. Mr. Schrage further stated that he hoped to share that information with Ms. Corrales and Mr. Sartain, in the near future. Rosemary Mai, Salina stated her opinions on the COVID-19 and made a request, for the Commissioners to end the face mask requirements and eliminate the mass gathering mandate. Norman Mannel, Salina, shared his thoughts and opinions of the City Commission. Mayor Hodges thanked Mr. Mannel for his comments. Page l PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of March 8, 2021. 21-0060 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Heath Department Update Mayor Hodges introduced Jason Tiller, Saline County Public Health Director and thanked him for agreeing to address the Commission, at her request. Mr. Tiller provided an overview of current COVID-19 data for Salina/Saline County and stated that because there was a decrease in cases and hospitalization, his intention was to let the public health mass gathering order expire on March 21, 2021. Mr. Tiller asked citizens to exercise caution when social gathering and continue to wear face masks and further stated it was too premature to remove the mask mandate, at this time. Commissioner Davis wanted confirmation that there would not be an order issued. Mr. Tiller stated yes; the mass gathering limitations has an expiration date of 11:59 p.m. on March 21, 2021. Commissioner Davis asked if allowing mass gathering limitations to expire, how that would impact social distancing. Mr. Tiller stated social distancing would become a recommendation but not a requirement. Mr. Tiller further reported that Governor Kelly was scheduled to announce that the State of Kansas was moving to Phases 3 and 4 of the vaccination process on March 22, 2021. Commissioner Hoppok asked how the expiring mass gathering mandate would affect the recent discussion on the water park. Michael Schrage, City Manager stated that it would be a policy decision in conjunction with a return to full capacity, not only for Kenwood Cove but the Fieldhouse and the Tony's Pizza Event Center. Commissioner Hoppock questioned whether there was a capability to track the numbers of vaccinations that have been given to residents residing outside the County. Mr. Tiller stated that they were reporting and tracking total vaccinations given; the current state system was not able to return usable information. Commissioner Davis referenced a recent newspaper article that noted racial and ethnic disparities in the number of people vaccinated and questioned if the County's data captures ethnicity. Mr. Tiller stated yes, the information was captured when people register for the vaccination and on the consent form. Commissioner Davis asked if census tracts or geographical markers were utilized to identify areas that would be under represented in receiving the vaccine. Mr. Tiller stated that staff was aware of inconsistencies that pertain to individuals that have not received the message, to register for the vaccination, and staff was trying to overcome those obstacles. Mr. Tiller stated that his department has not spent too much time on census tracks or tracking by zip code due to the way the State rolled out the individual phases; who and Page 2 what age group was in each phase. Mr. Tiller further stated, as more vaccines become available, the hope was to offer other locations for individuals to get the vaccine. Commissioner Davis asked if there was a way to track the number of people that received the vaccine and if the breakdown would include areas of town, to determine if certain neighborhoods were vastly under vaccinated. Mr. Tiller stated that his department was still working on a reporting mechanism to help identify and follow-up. Con nvssioner Hoppock asked if the Centers for Disease Control [CDC] provided recommendations on face masks, if individuals were fully vaccinated. Mr. Tiller stated that both the CDC and Kansas Department of Health and Environment [KDHE] were of the opinion, for individuals who have been fully vaccinated; after a two week time span from a second shot or two weeks from receiving the one-shot vaccine, those individuals would be considered fully vaccinated and can gather in a private homes or small groups without masking or social distancing. Commissioner Franz asked if the 70% target number discussed was considered herd immunity of a population for C©VID, based on the World Health ©rganizatior s position. Mr. Tiller stated 70% is considered herd immunity of a population, and further stated that 70% is a known number and target to work towards, for the adult population. Commissioner Ryan asked for confirmation that schools are to return to full in-classroom schedule, following spring break. Mr. Schrage stated yes, full schedule will resume on April 1, 2021, students are to wear masks and attempt to social distance. Mayor Hodges asked what the number of the adult population in Salina/Saline County was captured in the 70% target. Mr. Tiller stated approximately 29,000 adults. Mayor Hodges asked about the total number of shots available each week. Mr. Tiller stated his estimate would average between 900-1,200 doses on any given week. Mayor Hodges asked if there was some global accounting for the different sources of vaccines given. Mr. Tiller stated the State of Kansas has an in-state residency requirement, and deferred to individual counties to set their own parameters regarding residency. Pharmacies fall under a Federal program., those entities are to report data to the State's system, in order to track the vaccines given and are required to follow the state phase guidelines with no restrictions to an individual's residency location. A discussion ensued between Commissioner Davis, Mayor Hodges, and Mr. Tiller with regards to the biggest barriers to obtaining the vaccine. Mr. Tiller stated there were more people on the registry than vaccines available. Mr. Tiller further stated that the Salina Family Healthcare was a partner helping to manage the registry for citizens to sign-up, to receive the vaccine. There were no public comments. (7.2) Consider awarding the bid for project number #21021, to re-surface the flooring and walls of the lazy river at Kenwood Cove Aquatic. Chris Cotten, Director of Parks & Recreation, explained the project, fiscal impact and action items. A discussion ensued between Commissioners Franz, Hoppock, Mr. Cotton, and Mr. Schrage on the funding amount that was set aside on an annual basis, the depleted fund balance after completion of a big project and the condition of other areas that may require Page 3 replacement in the near future. Mr. Cotton confirmed it would be beneficial to revisit the fund balance as part of the next capital improvement process and devise a plan to set aside additional funding, to be better prepared for big expenses associated with the water park. There were no public comments. 21-0061 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to approve a motion awarding the bid for project number #21021, to Mid-America Pool Renovation Inc. in the amount of $151,815.00 and authorizing the City Manager to execute a contract with Mid-America Pool Renovation Inc. upon fulfillment of all prerequisites under the bid documents. A roll call vote was taken. Aye: (5) Davis, Franz, Hoppock, Ryan, Hodges. Nay: (0). Motion carried. Aye: (5). Nay: (0). Motion carried. (7.3) General Obligation Bonds and Temporary Notes Debbie Pack, Director of Finance and Administration, explained in brief the considerations for annual issuance of debt financing for the City of Salina. A discussion ensued between Commissioner Franz, Mayor Hodges and Ms. Pack on the City's high debt payments scheduled for 2023 and reaching capacity. Ms. Pack explained the $3.3 million amount depicted in the staff report would need to come from property tax and other taxes; dollar amounts shown are only estimates from transient guest tax, motor vehicle tax, and delinquent property tax and those numbers could go up or down. Ms. Pack further stated the legal debt margin was at around the 60% range and calculated each year during the annual audit; staff will examine property valuations and determine the obligation as the budget process advances to 2023. Michael Schrage, City Manager stated detailed information in the staff report was provided to facilitate a conversation but does not impact the bond issuance before the Commission. Mr. Schrage further stated the report signifies there will be some debt management to accomplish before 2023 which has been part of the capital improvement program and debt projections. David Arteberry stated a telephone call was scheduled with Moody's Investors Service, to review the City's ratings. Commissioner Hoppock asked if the bond rates were expected to increase. Mr. Arteberry stated interest rates have been at historic lows from August 2020 through the middle of February 2021; from the middle of February 2021 municipal bond rates have jumped up to around four -tenths of a percentage point, from a historical point, very low but not as low as it was in August of 2020. There were no public comments. (7.3a) Resolution No. 21-7941, authorizing the offering for public sale of general obligation temporary notes and bonds. 21-0062 Moved by Commissioner Hoppock, seconded by Commissioner Franz, approve Resolution No. 21- 7941 authorizing the offering for public sale of general obligation temporary notes and bonds. A roll call vote was taken. Aye: (5) Davis, Franz, Hoppock, Ryan, Hodges. Nay: (0). Motion carried. Aye: (5). Nay: (0). Motion carried. Page 4 (7.3b) First reading of Ordinance No. 21-11055, authorizing the issuance and delivery of approximately $8,145,000 principal amount of general obligation internal improvement bonds. 21-0063 Moved by Commissioner Franz, seconded by Commissioner Ryan, adopt on first reading Ordinance No. 21-11055 authorizing issuance of general obligation bonds to fund the Police Training Facility, Tony's Pizza Event Center Basketball Floors, Stone Lake 2, Pheasant Ridge 3 Phase 2 and 9 South projects. A roll call vote was taken. Aye: (5) Davis, Franz, Hoppock, Ryan, Hodges. Nay: (0). Motion carried. Aye: (5). Nay: (0). Motion carried. (7.3c) Authorize the City Manager to enter into an agreement with Stifel, Nicolaus & Company, Incorporated to provide Financial Advisor services for the City of Salina for the Issuance of the 2021 general obligation temporary notes and bonds. 21-0064 Moved by Commissioner Ryan, seconded by Commissioner Davis, to authorize the City Manager to sign the Financial Advisory Services Agreement with Stifel, Nicolaus & Company, Inc. A roll call vote was taken. Aye: (5) Davis, Franz, Hoppock, Ryan, Hodges. Nay: (0). Motion carried. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Mayor Hodges announced that she was coordinating with the City Manager to move the strategic planning process forward, based on previous meeting discussions. ADJOURNMENT 21-0064 Moved by Commissioner Ryan, seconded by Commissioner Davis, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:16p.m. [SEAL] ATTEST: Cheryl Mermis, Deputy City Clerk Melissa Rose Hodges, Mayor Page 5 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION NO: 6 ITEM NO: Z Page 1 ITEM: I Authorize the City Manager to execute an Amendment To The Consent Agreement And Final Order for the Former Schilling Air Force Base Site. BACKGROUND: The Consent Decree among the United States and the Salina Public Entities (SPEs") as approved by the federal district court on November 23, 2020, identifies the Kansas Department of Health and Environment ("KDHE") as the department of the State of Kansas with environmetnal regulatory authority over the response actions to be conducted at the Former Schilling Air Force Base Site. KDHE also served as the regulatory authority during the successful completion of the Remedial Investigation (RI), Feasibility Study (FS), and Corrective Action Decision (CAD) phases of the project pursuant to a Consent Agreement and Final Order ("CAFO") dated November 15, 2012. KDHE determined that the the responsibilities of the SPEs for the preparation and implementation of the upcoming Remedial Design (RD)/Remedial Action (RA) phases of the work could be addressed through an amendment to the 2012 CAFO rather than negotiating an entirely new CAFO. The proposed Amendment to the Consent Agreement and Final Order (Amended CAFO) was negotiated by Stinson, the SPE's environmental counsel, with input from the SPEs. The Amended CAFO requires all activities contemplated or performed to be approved by the KDHE prior to implementation. The following documents will be prepared by the Dragun Corporation, the SPE's general environmental engineer and consultant, with input from the SPEs. Once the documents are approved by the KDHE the documents shall be deemed incorporated into the Amended CAFO by reference. • RD/RA Scope of Work • RD/RA Work Plan • RD/RA Schedule The above -referenced documents may be submitted, approved, and accepted in phases to align with the specific treatment processes as they are developed. The Amended CAFO includes the following schedule requirements: • All work plans shall establish task -specific dates and timeframes for related implementation, construction, and reporting activities. • Submission to the KDHE for approval of a Draft RD/RA Work Plan and RD/RA Schedule within one -hundred and twenty (120) days of the date of this Amendment. • Commencement of substantial continuous physical on-site corrective action within one -hundred and eighty (180) days of the KDHE's approval of the RD/RA Work Plan and RD/RA Schedule. Paragraph 8 of the Amended CAFO references Land Use Control as specified in the 2019 Corrective Action Decision. Environmental Use Control is the preferred treatment alternative for Plume J (Landfill #1), if deemed necessary to protect human health and the environment. AGENDA SECTION NO: ITEM NO: Page 2 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. ORIGINATING DEPARTMENT UTILITIES DEPARTMENT BY: Martha Tasker FISCAL APPROVAL: BY: FINAL APPROVAL: BY: Some examples of Environmental Use Control include: preventing disturbance of soil caps, covers, and berms; prohibiting the drilling of water wells for domestic use or livestock wells; and special precautions to be taken during construction activities that may cause an encounter with groundwater. At the Salina Airport Authority's February 2021 Board Meeting, it was reported that "Plume J (Landfill #1) is located on the west side of the Salina Airport and within the airport's perimeter fencing; will never be used for an airport building, aircraft parking apron, taxiway, or runway; and is not accessible by the public. The adoption of land -use controls for Plume J (Landfill #1) by the Airport Authority, if needed, would not be a hardship." FISCAL NOTE: In accordance with the Management Agreement, the RD/RA work will be invoiced to the City and paid from the Former Schilling Air Force Base Environmental Fund (Cash settlement of $65,900,000 from the United States). COMMISSION ACTION OR RECOMMENDED ACTION: Staff has identified the following options for the City Commission's consideration: 1.) Authorize the City Manager to execute the Amendment to the Consent Agreement and Final Order for the Former Schilling Air Force Base Site. 2.) Authorize execution of the Amended CAFO with suggested amendments by the City Commission for consideration by KDHE and the other SPEs. 3.) Postpone execution of the Amended CAFO to a specified date and time and provide staff direction regarding additional information. 4.) Vote to deny authorization to execute the Amended CAFO, resulting in a delay in the work towards the development of the Remedial Design/Remedial Actions. Staff recommends Option #1. Attachments: • State of Kansas Department of Health and Environment Amendment To The Consent Agreement And Final Order STATE OF KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT In the Matter of. Environmental Contamination at the Former Schilling Air Force Base City of Salina, Kansas, The Salina Airport Authority, USD No. 305 of Saline County, Kansas, Kansas State University, Respondents Case No. 12-E-21 BER AMENDMENT TO THE CONSENT AGREEMENT AND FINAL ORDER ("Amendment") Now on this day of , 2021, ("Date of this Amendment to the Consent Agreement and Final Order") the Secretary of the Kansas Department of Health and Environment ("KDHE"), and the City of Salina, Kansas, the Salina Airport Authority, USD No. 305 of Saline County, Kansas, and Kansas State University (including the Kansas Board of Regents) ("Respondents"), (collectively, "Parties"), mutually agree to amend the Consent Agreement and Final Order ("CAFO"), entered into by the Parties on November 15, 2012. The Respondents and KDHE now find that it is in the best interest of the Parties to amend the CAFO to include the responsibilities for and the preparation and implementation of remedial design/remedial action ("RD/RA") activities at the Site. In the Matter of ... Former Schilling Air Force Base Site Salina Entities BER File No. CS -065-03013 Amendment to the CAFo CASE: Na. 12-E-21 BER The CAFO is fully incorporated herein, excluding any provisions of the CAFO that are expressly deleted by this Amendment or are expressly replaced by the terms of this Amendment, and all terms and orders of the CAFO apply to the Respondents. In the event of conflict between the CAFO and the Amendment, the Amendment shall control. DEFINITIONS Terms used in this Amended CAFO, if defined in state statutes or the associated regulations, shall have the meanings assigned to them in the statute or the regulations. To the extent not inconsistent with the meanings assigned to them in statute or regulation, the terms listed below, if used in this Amended CAFO or in attached or incorporated documents, shall have the following meanings. a. "Day" shall mean a calendar day unless expressly stated to be a working day. b. "RSK Manual" shall mean the KDHE Risk -Based Standards for Kansas Manual 5th Version (October 2010) and any subsequent updates. c. "Site" shall include all areas and media from which hazardous substances and any other contamination or pollution connected with this facility have been released and/or have migrated or emanated therefrom. d. "Working day" shall mean a day other than a Saturday, Sunday, or State of Kansas holiday. In computing any period of time under this Amended CAFO where the last day would fall on a Saturday, Sunday or holiday recognized by the State of Kansas the period shall run until the end of the next working day. FINDINGS OF FACT In the Matter of .. Former Schilling Air Force Base Site Salina Entities BER File No. C5-085-03013 Amendment to the CAFO CASE NO. 12-E-21 BER 2 herein. 2. All Findings of Fact set out in the CAFO are incorporated as though fully set out EXHIBITS 3. The following documents shall be incorporated herein: a. RD/RA Scope of Work (Exhibit 9). b. RD/RA Work Plans (incorporated upon KDHE approval) (Exhibit 10). c. RD/RA Schedule (incorporated upon KDHE approval) (Exhibit 11). The Parties agree that documents comprising the RD/RA Scope of Work, RD/RA Work Plans, and/or RD/RA Schedule, may be submitted, approved, and accepted in phases reflecting specific remedial activities under the Remedial Design and Remedial Action. ORDER 4. KDHE Approval of Work and Documents. All activity contemplated or performed pursuant to this Amendment shall be conducted subject to the approval of KDHE, which approval shall not be unreasonably withheld, in accordance with the terms of this Amendment and consistent with the standards, specifications and schedules approved by KDHE as contained in the exhibits to this Amendment. a. All documents submitted to KDHE pursuant to this Amendment shall be considered draft documents until approved and accepted as final by KDHE. b. Any documents, reports, plans, specifications, schedules and/or attachments required by this Amendment, upon acceptance and/or approval by KDHE, shall be deemed incorporated into this Amendment by reference. In the Matter of ... Former Schilling Air Force Base Site Salina Entities BER File No. C5-085-03013 Amendment to the CAFO CASE NO. 12-E-21 BER 3 c. Upon KDHE approval, Respondents shall implement the tasks detailed in the subject work plan in accord with the corresponding implementation schedule. 5. Task Specific Schedules. The Amendment shall be implemented in accordance with the RD/RA Schedule found at Exhibit 11. All Work Plans required pursuant to this Amendment shall establish task specific dates and timeframes for related implementation, construction and reporting activities. Each schedule shall specifically include Respondents' proposed milestone dates for start and completion of implementation as well as construction activities and submittal of draft report. All requests for schedule extensions must be submitted in advance by Respondents to KDHE for approval. 6. RD/RA Activities. a. Submission of Draft RD/RA Work Plan and RD/RA Schedule. Within one hundred and twenty (120) days from the Date of this Amendment, Respondents shall submit a draft RD/RA Work Plan and RD/RA Schedule for KDHE approval which is consistent with the Final CAD (Exhibit 5) and the RD/RA Scope of Work (Exhibit 9). The draft RD/RA Work Plan and RD/RA Schedule shall facilitate, to the extent possible, commencement of substantial continuous physical on-site corrective action within one hundred and eighty (180) days of KDHE approval of the RD/RA Work Plan and RD/RA Schedule. b. Implementation. Upon KDHE approval, Respondents shall implement the tasks detailed in the RD/RA Work Plan and RD/RA Schedule. 7. Paragraph 47 of the CAFO is hereby amended to read as follows: a. For KDHE: In the Matter of... Former Schilling Air Force Base Site Salina Entities BER File No. C5-085-03013 Amendment to the CAFO CASE NO. 12-E-21 BER 4 James Hayes Bureau of Environmental Remediation/KDHE Curtis State Office Building 1400 SW Jackson, Suite 410 Topeka, KS 66612-1367 Office: 785-296-0969 Email: james.hayes@ks.gov 8. Land -Use Controls. As specified in the CAD, if deemed necessary to protect human health and the environment, Respondents agree that they will make an application to the KDHE-Bureau of Environmental Remediation (KDHE-BER) Environmental Use Control Program for the purpose of entering into an Environmental Use Control Agreement pursuant to K.S.A. 65-1,221 et seq, or other approved land use control agreement, to ensure the effectiveness of the remedial measures to be performed pursuant to the CAFO, as amended by this Amendment. 9. Authority. Each Party has full knowledge of and has consented to this Amendment, and represents and warrants that each person who executes this Amendment on its behalf is duly authorized to execute this Amendment on behalf of the respective Party and legally bind the Party represented to this Amendment. 10. Entire Agreement. Except as provided in this Amendment, all other provisions of the CAFO shall remain in full force and effect, shall be incorporated herein, and shall be made applicable to all matters contemplated by this Amendment. IT IS SO ORDERED. KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT By: In the Matter of Former Schilling Air Force Base Site Salina Entities BER File No. C5-085-03013 Amendment to the CAFO CASE NO. 12-E-21 BER 5 Lee A. Norman, M.D. Secretary Date In the Matter of ... Former Schilling Air Force Base Site Salina Entities BER File No. C5-085-03013 Amendment to the CAFO CASE NO. 12-E-21 BER CITY 4F SALINA, KANSAS Signature Name (Typed or Printed) Title Date In the Matter of ... Former Schilling Air Force Base Site Salina Entities BER File No. C5-08 5-03 01 3 Amendment to the CAFO CASE NO, 12-E-21 BER SALINA AIRPORT AUTHORITY Signature Name (Typed or Printed) Title Date In the Matter of .. Former Schilling Air Force Base Site Salina Entities BER File No. t:5 -w-03013 Amendment to the CAFO CASE NO. 12-E-21 BER USD NO. 305 OF SALINE COUNTY, KANSAS M. Signature Nape (Typed or Printed) Title Date In the Matter of ... Former Schilling Air Force Base Site Salina Entities BER File No. CS -085-03013 Amendment to the CAFO CASE NO. 12-E-21 BER KANSAS STATE UNIVERSITY M. Signature Name (Typed or Printed) Title Date In the Matter of ... Former Schilling Air Force Base Site Safina Entities BER File No, C5-085-03013 Amendment to the CAFO CASE NO. 12-E-21 BER CERTIFICATE OF SERVICE I hereby certify that on the day of , 2021, I caused a true and correct copy of the foregoing Amended Consent Agreement and Final Order to be deposited in the United States Mail, First Class, postage prepaid and addressed as follows: Andrew W. Davis Stinson LLP 50 South Sixth Street, Suite 2600 Minneapolis, MN 55402 Attorney for Respondents KDHE Staff Member LIST OF EXHIBITS SCOPE(S) OF WORD RD/RA SCOPE OF WORK WORK PLAN(S) APPROVED BY KDHE RD/RA WORK PLAN' 1.1 10 PROJECT DELIVERABLE AND MILESTONE SCHEDULE(S) --- RD/RA SCHEDULE' 11 To be attached as exhibits upon KDHE approval or issuance. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION AGENDA SECTION ORIGINATING DEPARTMENT NO: 6 ITEM PUBLIC WORKS NO: Page 1 BY: DANIEL R. STACK,,P,E. DATE TIME 3/22/2021 4:00 P.M. FISCAL APPROVAL: BY: FINAL APP OVAL: BY: .P.P1 ITEM: Consider awarding the bid for project number 21015, 2021 Ultrathin Bonded Asphalt Surface (UBAS) to APAC Kansas Shears Division of Salina in the amount of $712,696.50 with a $12,303.50 (1.7%) construction contingency for a total project authorization not to exceed $725,000 and authorizing the City Manager to execute a contract with APAC Kansas Shears Division of Salina upon fulfillment of all prerequisites under the bid documents. BACKGROUND: As further described in the attachments, ultrathin bonded asphalt surface is a 518" to 314" asphalt overlay that City staff uses primarily to seal and provide a new surface on arterial streets and concrete streets. This year's project covers about 4.5 centerline miles, 11.5 lane miles, or 44 city blocks. Bids were received for this project on Thursday, Bidder Bid February 25, 2021 and are as shown at right: APAC Kansas Shears $712,696.50 Division, Salina APAC has been Salina's only asphalt bidder for a Engineer's Estimate $726,433.75 number of years. As an alternate approach intended to assess the competitiveness of APAC's bids, staff has previously bid asphalt and microsurfacing which typically receives multiple bidders. APAC's asphalt bid remained unchanged from an identical asphalt only project bid that same year that was not bid against microsurfacing, lending to the belief that APAC's bids are unaffected by not having competition. Further, an asphalt supplier in Manhattan told staff an asphalt project in Salina would have to be about $3 million for them to be interested. The unit price bid per ton for the surfacing material is up 1.0% from 2020, due primarily to higher aggregate costs. APAC is a reputable contractor who successfully performed this work for the City of Salina from 2017 through 2020. FISCAL NOTE: The 2021 sub-CIP Street Repair budget includes $700,000 for this project, all of which remains for this purpose. Staff is asking for a smaller than usual construction contingency since this project has something of a built in contingency. All of the manholes and valves within the work limits are included for adjustment, but some on local streets will be not require adjustment because they will exhibit less than a 1.25" drop-off and therefore the City will not incur those costs. Staff proposes the $25,000 overage be funded from the money remaining in the 2021 Microsurfacing budget. RECOMMENDATION: Staff has identified the following options for the City Commission's consideration. 1.) Approve a motion awarding the bid for project number 21015, 2021 Ultrathin Bonded Asphalt Surface (UBAS) to APAC Kansas Shears Division of Salina in the amount of $712,696.50 with a $12,303.50 (1.7%) construction contingency for a total project authorization not to exceed $725,000 and authorizing the City Manager to execute a contract with APAC Kansas Shears Division of Salina upon fulfillment of all prerequisites under the bid documents. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION AGENDA SECTION ORIGINATING DEPARTMENT: NO: ITEM PUBLIC WORKS NO: Page 2 BY: DANIEL R. STACK, P.E. DATE TIME 3122/2021 4:00 P.M. FISCAL APPROVAL: BY: FINAL APPROVAL: BY: 2.) Approve a motion awarding the bid for project number 21015, 2021 Ultrathin Bonded Asphalt Surface (UBAS) to APAC Kansas Shears Division of Salina with amendments as the City Commission deems appropriate and authorizing the City Manager to execute a contract with APAC Kansas Shears Division of Salina upon fulfillment of all prerequisites under the bid documents. 3.) Postpone consideration of project number 21015 to a specified date and time and provide staff direction regarding additional information or amendments the City Commission would like to request for its further consideration. 4.) Do not award project number 21015, and provide staff with any further direction. Staff recommends Option #1. Attachments: Location map 2021 Streets CIP Contract Street Maintenance Brochure Cc: APAC Kansas Shears Division, Salina LL 7-1 2shd TZ ro 1A 0 A x I -- N Q1 N Cn 0 N O N E 2 O O 0 O O — O — N EA O 4 O O O O N a o _ 0 •o _ 0 _ 0 C) _ O O O 0 0 0 0 0 0 0 — O O O Cl Cl 0 Cl 0 0 0 00 o riQ0QQo0 00 0 It 0 0 0 0 0 0 00 0 N000000 OO O Cid L6 6 vi NC7L Lo LO O CD ti LO ti 'T N u N r N — a N O • N N N . N U C _ ca m N O f a ' CL M N N Vl Q p .O C V 0 70 Y fi CA Y C E 0 0 Ui Q1 m 4 (9 Y 9'Ry:2iE N TP acnes cnmcrco0 (nUm CO a) 00 1— O to M N CD N OO O OrC]—e'-OrC? O Co O 0 0 0 0 0 0 0 0 T N r N T N T N T N r N r 04 r N T N N N Lei d O] UJ at I -- C3 0 C O] O] U m C3 C C L3 L C3 C C Z E m o L O � L [D [9 � Ll —=3 O] P Cn W y CG o U3 rcm N vi 0 c C '� •�M.o w'm - c� r� co C2 Cv3 'V Q� . C co °' n 3 #� x cc C2 CL o c� EL aoC s T Y2 L C =-,CJl C L. 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C T C T C v ? c ?- c o' To o ?' o y'o oia o `o �o ¢ Q E '� O `� v b v O '�" a7i O di :c E 'c E o ai 4 h n h n h O. h n O <} O OLn Q m u v` Y y v m c m um v m c m c C m m �_ m c �_ M t Q M m m m C L2 � •� �. m m 'c V1 ym C C C .= OD m N m C N C Sn V} to m N _�. 4 C tC V7 a Z'' V7 In y., j� �a., a O C Y m❑ m C y i5 , j0 ❑ _ M❑ S a O A _N `—^ _tri `^ 7 S v > y OG dU m > 0 di, a a 7'• !c > ` C 0 �F- ? C 0 ? C 01 ¢ d ao=CLLn�z co m=o� O Lr) v Ln n o N d U) N 00 00 N o 1 1 n I I 1 00 Ct W c Ln n d Ln lD LD U N ro ei L � � H dA6 (v d Y O v f6 V `t fl" M Q ro >, O U 'w c O u C C Y f0 43 Q' O1 E [n O L m —_ to O O u CL 'c w g -0s U cn 2 u u U m Ln c%Y Ci CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 3/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 6 BY: ITEM PUBLIC WORKS ___4 FINAL APPROVAL: NO: 4 _ Page 1 BY: DANIEL R. STACK, P.E. BY: ITEM: Consider awarding Li ra bid for project number 21016, 2021 Mill and Inlay to APAC Kansas Shears Division of Salina in the amount of $1,011,614.95 with an $8,385.05 (0.8%) construction contingency for a total project authorization not to exceed $1,020,000.00 and authorizing the City Manager to execute a contract with APAC Kansas Shears Division of Salina upon fulfillment of all prerequisites under the bid documents. BACKGROUND: As further described in the attachments, mill and inlay is a treatment that involves removing the top 11/2 inches of asphalt pavement plus any overlays and replacing the 1'/2 inches of asphalt pavement to re- establish the pavement surface's original elevation. This year's project, a map of which is attached, covers: 2.7 miles or 32 city blocks; a parking lot at Santa Fe and Ash, and four segments of roads at the Gypsum Hill Cemetery. Bids were received for this project on Thursday, March 4, 2021 and are as follows: Bidder Base Bid APAC Kansas Shears Division, Salina $1,011,614.95 Engineer's Estimate $993,222.60 APAC has been Salina's only asphalt bidder for a number of years. As an alternate approach intended to assess the competitiveness of APAC's bids, staff has previously bid asphalt and microsurfacing which typically receives multiple bidders. APAC's asphalt bid remained unchanged from an identical asphalt only project bid that same year that was not bid against microsurfacing, lending to the belief that APAC's bids are unaffected by not having competition. Further, an asphalt supplier in Manhattan told staff an asphalt project in Salina would have to be about $3 million for them to be interested. The unit price bid per ton for the surfacing material is up 4.5% from 2020, due in part to increased aggregate costs. APAC is a reputable contractor who has successfully performed this work for the City of Salina in recent years. FISCAL NOTE: The 2021 sub-ClP Street Repair budget includes $1,000,000 for this project, all of which remains for this purpose. The Parks and Recreation Department's approved budget includes $11,000 for the paving of the cemetery roads, all of which will be applied to this project. Staff is proposing a seemingly small construction contingency; the project includes more than $100,000 of manhole and valve adjustments, some of which will not be required due to a minimal drop-off, and therefore the City will not incur those expenses. Staff proposes the remaining $9,000 be funded from the $275,000 budgeted for chip seal, all of which remains for this purpose. COMMISSION ACTION OR RECOMMENDED ACTION: Staff has identified the following options for the City Commission's consideration: Approve a motion awarding the bid for project number 21016, 2021 Mill and Inlay to APAC Kansas Shears Division of Salina in the amount of $1,011,614.95 with an $8,385.05 (0.8%) CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 3/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: ITEM PUBLIC WORKS FINAL APPROVAL.- NO: PPROVAL:NO: Page 2 BY: DANIEL R. STACK, P.E. BY.- construction Y: construction contingency for a total project authorization not to exceed $1,020,000.00 and authorizing the City Manager to execute a contract with APAC Kansas Shears Division of Salina upon fulfillment of all prerequisites under the bid documents. 2.) Approve a motion awarding the bid for project number 21016, 2021 Mill and Inlay to APAC Kansas Shears Division of Salina with amendments as the City Commission deems appropriate and authorizing the City Manager to execute a contract with APAC Kansas Shears Division of Salina upon fulfillment of all prerequisites under the bid documents. 3.) Postpone consideration of the award of bid for project number 21016 to a specified date and time and provide staff direction regarding additional information or amendments the City Commission would like to request for its further consideration. 4.) Do not award project number 21016, 2021 Mill and Inlay, and provide staff with any further direction. Staff recommends Option #1. Attachments:. Location map 2021 Streets CIP Contract Street Maintenance Brochure CC: APAC Kansas Shears Division, Salina M WO N a N \ r0 fn ,M. 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O d N � h Q � ^ Q �� n Q � h Q o ¢ vi io C C C C m m C m C m .ICL m- t m -G m m C en m ` m 'o m �' m m m N-,7. m m C y0 C C C m '@ = G`a m N .� `a m C VY -76 C C n!1 'n .� H m N Lj m m V1 �j c!1 m V7 6_ m Y mi. y r coo m V)cu m m ✓a v1 H o C s ¢ c ¢ 6 Q ¢ m —t > ua 3 a y -y s 'S z CL Q U m > a d u a d 4 d m m E D L5 = a. 7 Z m m m co m z❑ m m 0 r.O 2 C, F- m m 06 m ❑ F 0 ...� ..m1 C � Ln o N C) O N DO 00 c o I I r I 9 00 d Y Ln n L!'1 lD lQ u N m c O 'a +1 � Y �' �CLO iC C a) cu i � � H � p v cn m L L c 3 � a. 2- Q i c c - n al w m U _`u U U 2 U ` z an in w V) LM D m CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION E TIME 03D21202 1 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 7 BY: FINANCE AND ADMINISTRATION Finance/Administration FINAL APPROVAL: ITEM NO: 1 BY: Debbie Pack BY: Page 1 h_�i ITEM: Section 888 (Special Alcohol) Funding Request Consideration Biennial consideration of Special Alcohol funding requests for the 2021-2022 funding period and authorize the City Manager to execute funding agreements with selected vendors. BACKGROUND: Through enactment of K.S.A. 79-41a04, the Kansas Legislature has authorized a very specific process for the redistribution of a portion of the State's alcoholic liquor taxes to cities and counties for their use or further redistribution for three permitted uses. 1.) General fund expenditures 2.) Special parks and recreation fund expenditures and 3.) Special alcohol and drug fund expenditures. A copy of the applicable statute to the aaslicbeen ationpof the statutory provisions d below. It has to the City een excerpted to Salinalect only the provisions that are relate pp 79-41a04. Local alcoholic liquor fund: distribution of moneys. (Excerpted) (a) There is hereby created, in the state treasury, the local alcoholic liquor fund. Moneys credited to such fund pursuant to this act or any other law shall be expended only for the purpose and in the manner provided by this act. (b) ... all moneys credited to the local alcoholic liquor fund shall be allocated to the several cities and counties of the state as follows. (1) Each city that has a population of more than 6,000 shall receive 70% of the amount which is collected.... (2) Each City that has a population of 6 000 or less.... (3) Each county shall receive: (A) 70% of the amount which is collected... in such county outside the corporate limits of any city... (4) From the amount collected from drinking establishments which are railway cars... (c) The state treasurer shall make distributions from the local alcoholic liquor fund in accordance with the allocation formula prescribed by subsection (b) on March 15, June 15, September 15 and December 15 of each year.... (d) .... each city treasurer of a city that has a population of more than 6,000,... shall deposit the full amount in the city treasury and shall credit 1/3 of the deposit to the general fund of the city, 113 to a special parks and recreation fund in the city treasury and, 113 to a special alcohol and drug programs fund in the city treasury... Moneys in such special funds shall be under the direction and control of the governing body of the city. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: FINANCE AND ADMINISTRATION Finance/Administration FINAL APPROVAL: ITEM NO. BY: Debbie Pack BY: Page 2 Moneys in the special alcohol and druq programs fund shall be expended only for the purchase, establishment, maintenance or expansion of services or programs whose principal purpose is alcoholism and druq abuse prevention and education, alcohol and drug detoxification, intervention in alcohol and drug abuse or treatment of persons who are alcoholics or drug abusers or are in danger of becoming alcoholics or drug abusers. (e) ... each county treasurer... shall deposit... in the county treasury.. (f) Each year, the county treasurer shall estimate the amount of money the county and each city in the county will receive from the local alcoholic liquor fund and from distributions pursuant to K.S.A. 79-71a05, and amendments thereto. The state treasurer shall advise each county treasurer, prior to June 1 of each year the amount in the local alcoholic liquor fund that the state treasurer estimates, using the most recent available information, will be allocated to such county in the following year. The county treasurer shall, before June 15 of each year, notify the treasurer of each city of the estimated amount in dollars of the distribution to be made from the local alcoholic liquor fund and pursuant to K.S.A. 79-41 a05, and amendments thereto. As provided above, one-third of the funds received by the City of Salina are only to be used for "the purchase, establishment, maintenance or expansion of services or programs whose principal purpose is alcoholism and drug abuse prevention and education, alcohol and drug detoxification, intervention in alcohol and drug abuse or treatment of persons who are alcoholics or drug abusers or are in danger of becoming alcoholics or drug abusers." In order to utilize the funds in compliance with the applicable statutory limitations, the City of Salina has historically conducted Requests for Proposals from alcohol and drug abuse program providers on a biennial basis. A copy of the RFP that was distributed is attached. Since the actual amount of funds received by the City can vary over a two year funding cycle, awards have been made as a percentage of funds actually received rather than a specified dollar amount. Over the past ten years, the total amount of funds received and the agencies receiving a distribution were as follows: Biennial C 2009-2010 cle Biennial Funds $ 323,604 Receivin Central KS Foundation Agencies St. Francis Catholic Chanties 2011-2012 $ 307,742 Central KS Foundation 5t. Francis Catholic Charities 2013-2014 $ 332,152 Central KS Foundation St. Francis Catholic Charities 2015-2016 $ 362,624 Central KS Foundation St. Francis 2017-2018 $ 393,931 Central KS Foundation St. Francis Ash�ou 2019-2020 $ 399,286 Central KS Foundation St. Francis Ash *Catholic Charities did not submit funding requests after 2014. In February, 2020, Ashby House discontinued providing substance use disorder (SUD) treatment with Central KS Foundation (CKF) to provide services, so Ashby House entered into an arrangement AGENDA SECTION NO: ITEM NO: Page 3 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. ORIGINATING DEPARTMENT: I FISCAL APPROVAL: 13Y : FINANCE AND ADMINISTRATION Finance/Administration FINAL APPROVAL: BY: Debbie Pack I BY: Ashby House's residents access to a Licensed Addiction Counselor and a certified PE offer SUD treatment services to the women living at Ashby House. As a result of that both parties requested funding that had been previously awarded to Ashby House, be CKF. The City Commission approved that redirection on June 8, 2020. The following agencies responded to the 2021 RFP, as follows: Ashby House $100,000 Central Kansas Foundation $ 400,000 Community Corrections $ 45,300 St. Francis Community Services $-1 -34,203 Total $ 679,503 A copy of each agency's response to the RFP has been attached. ;er Mentor to arrangement, redirected to While Ashby House is not directly providing SUD services, they have submitted a proposal on the basis that they are providing a place to attend sessions and child care for residents to allow them to attend group counseling, peer mentoring, case management and life skills classes. In order to provide additional opportunities, in a safe manner, Ashby House is requesting funding for additional day care staff ($40,000) and renovating the communal space that is used for sessions and child care ($60,000). Each agency was responsive to the information requested in the RFP. And, each agency provides alcohol & drug treatment services as described in their attached proposals and as described above with respect to Ashby House. The total funds requested ($679,503) exceeds the likely funds to be received (est. $365,000 per State Treasurer's estimate*). In comparison, the requests received in 2019 totaled $347,590 with $425,000 in anticipated proceeds. In that instance, the awards were granted for the total amount requested. The actual amount received and distributed in the 2019-2020 funding period was $399,286.07. Collections in 2020 dropped by 24%% as compared to 2019. *The State's estimate has been adjusted for an expectation of a 30% decrease in 2021 and a 15% decrease in 2022 due to COVID. Staff has identified possible funding approaches for the City Commission's consideration in the Commission Action section, below. It should be noted that staff has not provided an opinion of or made a funding recommendation based upon the relative merits of one requestlagency compared to another. FISCAL NOTE: Since this is a redistribution of alcoholic liquor taxes received from the State of Kansas in conformance with the statutory provisions regarding the eligible uses of those funds, there is no direct fiscal impact on the City of Salina. It does not represent a financial commitment on the part of the City in excess of actual funds received from the State. Rather, it is a ass-thru of funds received. CITY OF SAUNA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: FINANCE AND ADMINISTRATION Finance/Administration FINAL APPROVAL: ITEM NO: Page 4 BY: Debbie Pack BY: All funding agreements will stipulate funds distributed will be capped at funds received by the City from Special Alcohol Tax. If the City Commission adopts a capped funding option, agreements with recipients will be capped at the amount requested and if any excess funds are received, excess funds will be held by the City and allocated during the next biennial funding period. If the City Commission adopts a funding option without a cap, all funds received will be distributed based on the funding option, which may result in applicants receiving more than requested. COMMISSION ACTION: At this time, staff is requesting City Commission direction on the following questions: 1) Does each application meet the statutory use of Special Alcohol Funds? If so, 2) What portion of the funds should the applicant receive? Based upon the direction provided, staff will draft funding agreements to be signed by the City Manager. Staff has identified the following funding allocation options for the City Commission's consideration. The example funding options assume the City Commission deems all applicants meet the statutory requirements; however, the options can be changed to meet any determination by the City Commission. 1.) Equal % with a cap — The City Commission could choose to award funds equally to each agency (25% to each), capping the distribution to the amount requested, as follows: Agency Ashby House Central Kansas Foundation Community Corrections St. Francis Community Services Total eauest % Awarde 100,000 25 400,000 25 45,300 25 134,203 25 679,503 100 Est. Funding* Ca $ 100,000 $ 100,00[ $ 109,850 $ 400,00( $ 45,300 $ 45,300 $ 109,850 $ 134,20,- $365,000 34,20,- $365,000 This option could fund the smaller requests in full earlier and would leave any excess receipts over the estimate to go to the larger requests as collected. 2.) Proportional Distribution with cap — The City Commission could agree to award funds received in direct proportion to the funding requests, capping the distribution to the amount requested, as follows: C Ashby House Central Kansas Foundation Community Corrections uest % of Tota 100,000 400,000 45,300 uest Est. Fundin 14.7% $ 53,655 58.9% $ 214,985 6.7°l° $ 24,455 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: I FISCAL APPROVAL: NO: BY: FINANCE AND ADMINISTRATION Finance/Administration FINAL APPROVAL: ITEM NO. BY: Debbie Pack BY: Page 5 St. Francis Community Services $ 134,203 19.7% $ 71,905 Total 1 $ 679,503 100 % $ 365,000 *Funding to be capped at requested amount. Any funds remaining after the two year cycle would be awarded in the next biennial cycle. This option provides each participant approximately 53% of their request. 3.) Proportional Distribution without a cap – The City Commission could agree to award funds received in direct proportion to the funding requests and distribute any amount over the requested amount in the same proportional amounts. Agency Ashby House Central Kansas Foundation Community Corrections St. Francis Community Services Total )quest % of Total Request Est. Fundin 100,000 14.7% $ 53,655 400,000 58.91-1/—b-_$ 214,985 45,300 6.7% $ 24,455 134,203 19.7% $ 71 905 679.503 100 %i5,6 3600 *Estimate based on the one-third of 2021 estimate provided by the Kansas State Treasurer adjusted for expectation of 30% decrease in 2021 and a 15% decrease in 2022 due to COVID. 4.) Direct Selection of Recipients & Proportional Distribution of Funds – The City Commission could choose to award funds to specific respondents based upon the merits of their responses to the RFP, and funds could be awarded in proportion to the requests received by the successful applicants. To proceed in this manner, it would be necessary for the City Commission to make a motion specifying the applicants to be awarded funding. 5.) Direct Selection & Direct Allocation of Funds – The City Commission could determine both the applicants to receive funds as well as the amount of funds to be awarded based upon the merits of their responses to the RFP and without regard to the proportion of the request amounts. To proceed in this manner, it would be necessary for the City Commission to make a motion specifying both the applicants to be awarded funding as well as the percentage of State funds received to be awarded to each successful applicant. City Commission Action: 1.) Approve Biennial Special Alcohol funding requests for the 2021-2022 funding period for (any or all) Ashby House, Central Kansas Foundation Community Corrections and /or St. Francis Community Services, as defined in Option 1,2,3,4 or 5 above and authorize the City Manager to execute funding agreements with selected vendors. 2.) Approve Biennial Special Alcohol funding requests for the 2021-2022 funding period for (any or all) Ashby House, Central Kansas Foundation Community Corrections and for St. Francis Community Services, as defined in Option 1,2,3,4 or 5 above and authorize the City Manager AGENDA SECTION NO: ITEM NO: Page 6 3 4 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. ORIGINATING DEPARTMENT: I FISCAL APPROVAL: BY: FINANCE AND ADMINISTRATION Finance/Administration FINAL APPROVAL: BY: Debbie Pack I BY: to execute funding agreements with selected vendors with amendments as City Commission deems appropriate. Postpone consideration of approval of Biennial Special Alcohol funding requests for the 2021- 2022 funding period for (any or all) Ashby House, Central Kansas Foundation Community Corrections and for St. Francis Community Services, as defined in Option 1,2,3,4 or 5 above and authorize the City Manager to execute funding agreements with selected vendors to a specific date and time and provide staff with direction on additional information needed to reconsider the approval. Do not approve Biennial Special Alcohol funding requests for the 2021-2022 funding period for (any or all) Ashby House, Central Kansas Foundation Community Corrections and for St. Francis Community Services, as defined in Option 1,2,3,4 or 5 above and authorize the City Manager to execute funding agreements with selected vendors and provide staff with direction on how to spend this specific funding. Staff recommends Option 1. Enclosed: Request for Proposal Agency Applications Sample Contractor Funding Agreement City of Salina 2021 — 2022 Section 888 Special Alcohol Funding Application Guidelines and Proposal Format Program Objectives and Information:....... Proposal Content ....................................... Amount of Funding Requested: ............. Narrative Questions: ............................. Required Attachments-...... ......................... Program Budgetary Information ............. Services Summary ................................. Other attachments: ............... ................ Program Objectives and Information: .......... ...................... ........ I ............. .............. 1 ................... ........................................... I..... 3 ....................................... 3 .............................................................. 4 .................................................................... 9 ...................... 10 .................................I..........................11 ............ I.......... 12 The City of Salina receives funding derived from the Special Tax on Alcohol sales. A portion (one-third) of this tax is intended to be used to prevent and treat alcohol and drug abuse and dependency. Biennially, the City provides the opportunity for community organizations providing such services to submit proposals for the use of these funds. Organizations requesting funding must submit a proposal with substantially the following format and content. Please note that some information relates to your overall program, while others may address the specific application of section 888 resources available from the City of Safina. This is a two year funding cycle. The amount of funds available is dependent on the production of the Special Alcohol tax. Total funding received during 2019 and 2020 totaled $399,286. Requests for program funding are anticipated to exceed the amounts available. Program funding is awarded on a calendar year basis, with the first distribution anticipated to be available on or near April 15, 2021, with quarterly distributions to follow. In the event that there is a reduction in the flow of funds, any agencies awarded funding will share in that reduction proportionately to the size of the original awards. According to the statute, "moneys in the Special Alcohol Fund shall be expended only for the purchase, establishment, maintenance, or expansion of services or programs whose principal purpose is alcoholism and drug abuse prevention and education, alcohol and drug detoxification, intervention in alcohol and drug abuse, or treatment of persons who are alcoholics or drug abusers or in danger of becoming alcoholics or drug abusers". Our policy has been that any applicant must have been in operation within the City of Salina for at least two years in order to qualify for funding. Please provide a transmittal letter including name, address, and phone of the primary contact person from your agency. The City of Salina requires a formal agreement to address funds distributed to community agencies. We have attached the form of such an agreement. In general, it addresses the purposes for which funds are to be used, accounting and reporting requirements, indemnification, equal employment opportunity and affirmative action requirements, as well as the timing of funds distribution. Finally, applicants should be cognizant of the provisions of KSA 45-240 relating to public disclosure requirements as a result of funds provided to "not-for- profit" organizations. 1 1 P a g e Please submit completed applications and attached materials to: City Clerk's Office Attn: Shandi Wicks, City Clerk P.O. Box 736 300 West Ash Street, Room 206 Salina, KS 67401 Or to debbie. ack salina.or The application deadline is 5:00 PM, Friday, February 26, 2021. We currently anticipate that the City Commission will award funding at their regular meeting on March 22, 2021. Depending on the number of applications received, the Commissioners may request to hear from program applicants at a study session at a date prior to the date of funding approval. 21 Page Proposal Content Amount of Funding Requested total for the two year period. Typically funding is distributed as received. The quarterly distributions may vary depending on consumption of alcohol and taxpayer compliance. In the most recent 8 quarters, total funds received by the City have fluctuated between $23,594 and $71,130 quarterly. Funds received are then distributed to the successful agencies proportionately to their awards. 31 Page Narrative Questions: 1. Please describe your organization's (program's) principal purposes, and explain how the stated purpose relates to the objectives set forth by the Special Alcohol statute? How long has your organization been in active operation within the City of Salina? 41 Page 2. Explain how Section 888 resources will be used within your agency's overall program? Why are the Section 888 funds essential to your program? How does the proposed use of funds address the purposes of the Section 888 statutory authorization? 51 Page 3. Please list and describe the relationship that your agency (program) has with other community agencies or organizations. Please include State and Local Government Agencies, as well as private groups, profit or non-profit. Address assistance given/received. 6 1 P a g e 4. Describe your agencies program(s), including at least the following: A. List and describe the services provided. B. How do individuals in need of service come to your attention? C. Please list and describe groups or individuals targeted by your agency. Are there groups to whom who cannot or will not provide services? Are there groups that you focus on or have a specialty in? D. What is your program capacity? How many individuals are currently on your waiting list? How do you handle the clientele on the waiting list? E. Are the Section 888 funds targeted differently than the balance of your agency resources? That is, are the 888 funds to be used for special or unique portions of your overall program? If so, what? F. Do you anticipate any changes in the program as compared to the services summary listed in the appendix? If so, what? G. Describe the extent to which your agency coordinates service delivery with other service providers in the community? 71PagR- 5. Please provide other narrative, as you feel appropriate to fully disclose the nature and operation of the proposed program. 8 1 P a g e Required Attachments: 1. Annual budget for the program in the required format. New programs need only submit a budget for the 2021-2022 grant period. Existing programs must also provide an updated report for the prior year (2020). Required form attached. 2. Services Summary. Required form attached. 3. Copy of Bylaws, Articles of Incorporation, or other similar document establishing the purpose for your organization. Organizations that have received previous funding need not submit duplicate copies. Simply indicate that they are already "on file". 4. A copy of your current licensure for services from SRS, if applicable. 5. A copy of the fee schedule used by your agency 6. Other attachments you might wish to include. Please list: 9 1 P a g e Program Budgetary Information Agency: Item Description (2020) 2021 2022 Actual Request Request Unaudited Revenues: Private Insurance Private Fee for Service: Client SATR Funding Medicaid Funding Donations and Contributions Section 888 (Special Alcohol) Funds Other Sources (Specify) Total Revenues Expenses: Salaries Benefits and Employer Taxes Supplies Consultants Rent Utilities Travel and Transportation Support to other Agencies Other: (Please specify} Total Expenses 1101 Page Services Summary For Twelve months ending: 12/31/2020 Program/Service Total Agency Section 888 Pro ram Beneficiaries # # # People # Sessions People Sessions Inquiries Evaluations Individual Counseling Group Counseling Family Counseling Aftercare Inpatient Care (Detox) Alcohol and Drug Prevention and Education (Excluding ADIS) ADIS Dollars Contributed to third parties Referrals to other Agencies Other Services (Specify): Total Unduplicated Persons Served Please complete the table to the best of your ability, matching the categories listed to services provided by your agency. A note on how to count: If one individual attends three individual counseling sessions, it counts as 1 person and 3 sessions. If one individual receives an Individual Counseling session, participates twice in a group, and then receives a referral to another agency, you would count one individual in each service category. There would be two group sessions. However, total persons served would be 1. Likewise, if an individual were to go through your program once, and then be re -admitted, they would still count as 1 individual served in total, although they may have been counted many times. 111Page Other attachments: To be provided by Applicant. 121Page City of Salina 2021 — 2022 Section 888 Special Alcohol Funding Application Guidelines and Proposal Format Program Objectives and Information:. Proposal Content ................................. Amount of Funding Requested:....... Narrative Questions: ........................ Required Attachments: ........................ Program Budgetary Information....... Services Summary ........................... Other attachments: ............. __ ......... Program Objectives and Information: Ah6y Ws,°s-<-, .1 .3 .3 .4 11 12 13 14 The City of Salina receives funding derived from the Special Tax on Alcohol sales. A portion (one-third) of this tax is intended to be used to prevent and treat alcohol and drug abuse and dependency. Biennially, the City provides the opportunity for community organizations providing such services to submit proposals for the use of these funds. Organizations requesting funding must submit a proposal with substantially the following format and content. Please note that some information relates to your overall program, while others may address the specific application of section 888 resources available from the City of Salina. This is a two year funding cycle. The amount of funds available is dependent on the production of the Special Alcohol tax. Total funding received during 2019 and 2020 totaled $399,286. Requests for program funding are anticipated to exceed the amounts available. Program funding is awarded on a calendar year basis, with the first distribution anticipated to be available on or near April 15, 2021, with quarterly distributions to follow. In the event that there is a reduction in the flow of funds, any agencies awarded funding will share in that reduction proportionately to the size of the original awards. According to the statute, "moneys in the Special Alcohol Fund shall be expended only for the purchase, establishment, maintenance, or expansion of services or programs whose principal purpose is alcoholism and drug abuse prevention and education, alcohol and drug detoxification, intervention in alcohol and drug abuse, or treatment of persons who are alcoholics or drug abusers or in danger of becoming alcoholics or drug abusers". Our policy has been that any applicant must have been in operation within the City of Salina for at least two years in order to qualify for funding. Please provide a transmittal letter including name, address, and phone of the primary contact person from your agency. The City of Salina requires a formal agreement to address funds distributed to community agencies. We have attached the form of such an agreement. In general, it addresses the purposes for which funds are to be used, accounting and reporting requirements, indemnification, equal employment opportunity and affirmative action requirements, as well as the timing of funds distribution. Finally, applicants should be cognizant of the provisions of KSA 45-240 relating to public disclosure requirements as a result of funds provided to "not -far -profit" organizations. 1 1 P a g e Please submit completed applications and attached materials to: City Clerk's Office Attn: Shandi Wicks, City Clerk P.O. Box 736 300 West Ash Street, Room 206 Salina, KS 67401 Or to debbie.pack(cDsalina.orc The application deadline is 5:00 PM, Friday, February 26, 2021. We currently anticipate that the City Commission will award funding at their regular meeting on March 22, 2021. Depending on the number of applications received, the Commissioners may request to hear from program applicants at a study session at a date prior to the date of funding approval. 21Page Narrative Questions: 1. Please describe your organization's (program's) principal purposes, and explain how the stated purpose relates to the objectives set forth by the Special Alcohol statute? How long has your organization been in active operation within the City of Salina? Founded in 1992, Ashby House has been dedicated to its mission of empowering homeless individuals and families to improve self-sufficiency, self -advocacy, and holistic recovery. The agency operates as the sole homeless shelter for women and families in Salina, Kansas. In 2004, the agency expanded its services to include substance use disorder treatment as a direct result of the alarming rate at which single women and women with children who were battling substance abuse problems sought assistance at Ashby House's Family Homeless Shelter. 2010 witnessed the addition of substance use disorder counseling and drag testing services being offered to men and women involved with the United States Parole and Probation Office, Throughout the years, Ashby House has also expanded its efforts to include transitional housing opportunities for its clients who do not qualify for housing assistance programs due to their legal history, mental health history, or previous bridges burned within the community. It was this venture into transitional housing that led to a partnership with the Central Kansas Foundation (CKF) Addiction Treatment organization. Since 2020, Ashby House has provided Person -Centered Case Management and transitional housing to CKF clients pursuing Intensive Outpatient and Outpatient substance use disorder treatment. In addition to the residential case management services offered by Ashby House, participants also receive individual counseling and peer mentoring services on Ashby House's campus and have the option of participating in group therapy and peer mentor sessions at either the Ashby House or CKF locations. This partnership has provided much needed stability to Salina residents who have completed inpatient treatment but do not yet possess safe housing. 41 Page Proposal Content Amount of Funding Requested: $100.000 total for the two-year period. Typically funding is distributed as received. The quarterly distributions may vary depending on consumption of alcohol and taxpayer compliance. in the most recent S quarters, total funds received by the City have fluctuated between $23,594 and $71,130 quarterly. Funds received are then distributed to the successful agencies proportionately to their awards. 3 1 P a g e 2. Explain how Section 888 resources will be used within your agency's overall program? Why are the Section 888 funds essential to your program? How does the proposed use of funds address the purposes of the Section 888 statutory authorization? Ashby House is requesting funding to modify the layout of the main floor of Its Sober Living Program in response to Covid-19. The Sober Living Program operates out of two buildings on Ashby House's campus. Individual and group counseling and peer mentoring services take place at the 142 S. 81h Street property. This building is already undergoing modifications in response to the pandemic. Ashby House would also like to make changes to the floor plan of its second Sober Living Property on 153 S. 81' Street. This property includes 12 apartment units, in addition to a main floor that houses a classroom, a child care room, Sober Living staff offices, and a resource room complete with client computer stations and lockers (for medications and other items not approved in the apartments). Since the pandemic began, Ashby House has followed the Saline County Health Department's recommendations on how best to protect its staff and clients. Some of the measures put in place include restricting staff members to the buildings their primary programs operate out of and making it possible for staff to work from home when waiting on test results. Likewise, the agency also created rooms on campus where residents can be quarantined as needed and administers Covid screening questions prepared by the Healthy Department for persons wanting to reside on campus, persons wanting to complete a drug test, and persons demonstrating symptoms. Breathalyzer testing supplies were also replaced with a safer brand recommended by the Health Department in an effort to better protect testers. As a result of these efforts, only 2 Sober Living clients and 0 Sober Living staff members have actually tested positive for Covid-19 thus far. The agency wants to continue to do right by its clients by addressing existing challenges within its communal meeting areas. One such change would be the staggering of group counseling, peer mentoring, case management, and life skills classes so that less people are in a classroom at any given time. This change would result in the need for additional child care staff to cover the expanded group hours. Ashby House intentionally does not charge its residents for child care services offered during group sessions in an effort to make it possible for homeless women with children to pursue recovery. $40,000 of the Section 888 funding would be allocated towards hiring additional child care staff to cover the expanded hours. Likewise, Ashby House staff also feels its necessary to modify the floor plan of its communal meeting areas and offices in an effort to improve social distancing practices. The child care room would be relocated to the largest room on the main level that currently houses the classroom. The new child care room would be child proofed, include a modular kitchen where child care snacks can be stored, and be connected to an emergency exit. The classroom would be relocated to the existing child care room. A telehealth station would be installed to allow both outside facilitators and participants to join sessions virtually as needed. Existing long folding tables would be used to establish 6 feet of distance between those sitting across from each other and next to one another. Plastic partitions would be purchased to create additional distances between those sitting at the tables. The resource room would also be modified. A wall will be put up in the back of the resource room. The newly created office will include a desk area for case managers to use to use when conducting assessments, client sessions, or completing documentation. It will also house a second telehealth station that will allow Sober Living staff and/or clients to conduct virtual sessions with each other and outside providers when necessary. The front of the resource 51Page room will still house the client lockers and client computer stations. However, both the lockers and computer stations will be spaced out to prevent residents from congregating too closely in the communal area. A large copier would be relocated to also increase the amount of space available in the resource room. Finally, the agency would also like to replace the existing carpet that is located in all communal spaces and offices on the main floor with a more hypoallergenic vinyl flooring product. Ashby House is requesting $60,000 from Section 888 funding resources to address the proposed renovations. Ashby House would be covering the cost of the construction of the wall divider in the resource room, along with the modular kitchen for the new child care location. Section 888 funds would be allocated towards child proofing, telehealth equipment and installation, plastic partitions, paint and flooring supplies and labor, desk solutions for the smaller telehealth room and the client computer stations, and locker solutions (if the existing lockers cannot be separated). Section 888 resources are essential to the continued success of Ashby House's Sober Living Program. The changes allowed through Section 888 funding will make it possible for the program to provide telehealth services that will both keep participants who are battling Covid- 19 or another illness engaged in sober living services and make it possible for other helping agencies to stay connected with Sober Living participants during this time of uncertainty. It Will also make it possible for the agency to better protect the health of staff and clients alike via improvements made to communal work areas. The proposed use of the funds also upholds the purpose of the Section 888 statutory authorization. All funds requested will be put towards a program that provides essential drug and alcohol intervention services to both individual women and women with children who are precariously housed. The funds will be used to maintain existing services, while also expanding the program's ability to offer telehealth possibilities in the face of a pandemic that does not appear to be going away any time soon. 61 Page 3. Please list and describe the relationship that your agency (program) has with other community agencies or organizations. Please include State and Local Government Agencies, as well as private groups, profit or non-profit. Address assistance given/received. Ashby House's Bridge to Sober Living Program incorporates a holistic recovery philosophy, which includes assisting clients address and gain access to outside services related to parenting, co-occurring mental health issues, education/employment assistance, debt management, and medical services just to name a few. As a result, the agency partners with a high number of community partners. Program -specific partners: CKF Addiction Treatment —Ashby House entered into a partnership with CKF in 2020 whereby Ashby House offers case management services, life skills trainings, and housing to CKF clients involved in intensive outpatient or outpatient services. Participants receive individual counseling and peer mentoring sessions on Ashby House's campus and are given the option of taking part in group counseling and peer mentoring groups at either Ashby House or CKF's campuses. Saline County Community Corrections (arid all other slate corrections and court services agencies) — Ashby House collaborates with law enforcement on ensuring treatment participants are meeting the conditions of their parole or probation. This Includes ongoing collaboration in the local Drug Court. Kansas State Polytechnic and Kansas Wesleyan (and other Kansas institutions of higher learning) — A handful of college students pursuing degrees in addiction counseling, social work, and other social sciences also complete their practicurn field experience at Ashby House. In addition to this, agency staff also are asked to speak to students in the classroom and serve as actors in mock individual and group training sessions. Salina Emergency Aid Food Bank — Ashby House collaborates with the Salina Emergency Aid Food Bank on the collection and distribution of food donations that are given to participants in all of Ashby House's programs, in addition to community members who frequent Ashby House's Free Store. The agency also works in tandem with the Salina Rescue Mission, Domestic Violence Association of Central Kansas, and similar agencies to redistribute donations based on need. Child Abuse Prevention Services — CAPS will be starting to talk to life skills training participants once a month about virtual parenting courses Ashby House residents can take part in at no additional fee. Classes are being transitioned to virtual offerings as a result of the pandemic. Life Skills Trainings — The agency partners with 50+ agency and individual community partners in the delivery of its STRIDES life skills classes. Classes are tailored to individual needs participants express wanting help with as part of case management sessions and cover everything from healthy decision making to addressing financial debt to parenting skills. Medical Providers — Ashby House primarily partners with the Central Kansas Foundation, Salina Family Health Care, and Veridian when referring Bridge participants to medical, 71Page dental, and mental health services. It also utilizes the Saline County Health Department for testing services and resources related to covid-19, pregnancy, sexually transmitted infections, and tuberculosis. Child Protection Agencies — Ashby House regularly collaborates with St. Francis and other child custody providers both within and outside of Kansas. Often times, child custody requirements are incorporated into client treatment plans in an effort to help Sober Living residents accomplish their goals related to regaining custody of their children. Other agency partners: United States Parole and Probation Office - Ashby House serves as 1 of 4 substance use disorder treatment provider= offering treatment and drug testing to male and female Kansas residents awaiting federal charges or who have been released from federal prison. Ashby House serves Saline County and surrounding areas and provides individual and family counseling, in addition to a Moral Reconation Therapy (MRT) group and random drug testing. The agency has maintained this contract with USPO since 2010. Kansas Department for Aging and Disability Services — The Director of Ashby House's USPO Substance Use Disorder Treatment Program also serves as 1 of 2 state trainers in Person -Centered Case Management. This certification is required for any helping professional wanting to provide case management services in a Kansas treatment facility. Kansas Housing Resource Corporation — Ashby House receives an around $20 to 25,000 as part of the Emergency Shelter Grant. Funds can only be used for persons who legally qualify as homeless and are used to assist Ashby House in providing emergency services (i.e., addressing residents' medical and other debts, persons fleeing domestic violence, veterans) and essential services (case management and life skills trainings) to Ashby House's Emergency Family Shelter residents. Women Helping Women — Ashby House's Shelter Director serves as the agency's contact to Saline County's Women Helping Women Foundation. She assists women in need apply for Women Helping Women funds. Love Salina — Ashby House serves as the point agency for a handful of local religious institutions that pool its financial resources together in an effort to assist those in the community address financial debts that challenge their ability to remained housed. Churches will refer qualifying applicants to Ashby House. Participants are linked with a case manager who attempts to help them address the financial challenge using Love Salina or other resources. Salina Housing Authority — Ashby House case managers assist clients in applying for housing services through the Salina Housing Authority and help those who qualify navigate the process. The Salina Housing Authority also facilitates an outreach class as part of Ashby Houses life skills trainings. d. Describe your agencies program(s), including at least the following: A. List and describe the services provided. B. How do individuals in need of service come to your attention? C. Please list and describe groups or individuals targeted by your agency. Are there groups to whom who cannot or will not provide services? Are there groups that you focus on or have a specialty in? 81Page D. What is your program capacity? How many individuals are currently on your waiting list? How do you handle the clientele on the waiting list? E. Are the Section 888 funds targeted differently than the balance of your agency resources? That is, are the €388 funds to be used for special or unique portions of your overall program? if so, what? F. Do you anticipate any changes in the program as compared to the services summary listed in the appendix? If so, what? G. Describe the extent to which your agency coordinates service delivery with other service providers in the community? Ashby House's Bridge to Sober Living Program offers onsite case management, counseling, peer mentoring, and housing resources to CKF clients. Program participants are referred directly by CKF and meet the qualifications of 1. Being ready to transition to intensive outpatient (and later outpatient) treatment and 2. Being in need of safe housing and/or a higher degree of structure in order to maintain their recovery. At the present moment, the Bridge to Sober riving Program is only available to eligible CKF clients. The program's capacity is 20 women and 8 children. An average of 4 to 5 women are on the wait list at any given time. Wait listed clients are contacted immediately in the order they are on the list if an individual who is offered a bed does not make her appointment or is unable to participate due to a relapse. When a bed isn't available, potential clients are also given the option of temporarily residing in Ashby House's shelter until a bed becomes available. Providing a temporary housing altemative is essential to a program like this one, because the potential for relapse increases with every day a woman has to wait for a bed to open up. Section 888 funds will specifically be targeted to address unique needs tied to necessary Covid-19 safety measures. 60% of the funding requested will be put towards addressing telehealth and building modifications of the program's child care, classroom, and other communal work spaces. The remaining 40% will be used to pay for additional child care staff needed to accommodate various treatment groups and life skills trainings being offered more frequently in an effort to reduce overall class sizes and improve upon social distancing standards. Ashby House does not anticipate any changes in the program as compared to the services summary listed in the appendix. Ashby House has an ongoing referral relationship with CKF Addiction Treatment and Saline County Community Corrections. The agency also contracts with the United States Parole and Probation Office as the sole substance use disorder treatment provider offering treatment and drug testing services to federal offenders. Several other law enforcement and helping agencies both within and outside of Kansas also contact Ashby House when attempting to locate emergency housing solutions. 9 1 P a g e 5. Please provide other narrative, as you feel appropriate to fully disclose the nature and operation of the proposed program. N/A 901Page Required Attachments: 1. Annual budget for the program in the required format. New programs need only submit a budget for the 2021-2022 grant period. Existing programs must also ,provide an updated report for the prior year (2020). Required form attached. 2. Services Summary. Required form attached. 3. Copy of Bylaws, Articles of Incorporation, or other similar document establishing the purpose for your organization. Organizations that have received previous funding need net submit duplicate copies. Simply indicate that they are already "on file". 4. A copy of your current licensure for services from SRS, if applicable. 5. A copy of the fee schedule used by your agency B_ Other attachments you might wish to include. Please list: III Page Program Budgetary Information Agency: Ashby House Community Services Item Description (2020) Actual 2021 Request 2022 Request Revenues: Private Insurance Private Fee for Service: Client N/A $2,220.00 $2,220.00 SATR Funding Medicaid Funding Donations and Contributions Section 888 (Special Alcohol) Funds N/A $50,000.00 $50,000.00 Other Sources (Specify) NIA $137,460.50 $137,460.50 Total Revenues N/A $189,680.50 $189,680.50 Expenses: Salaries NIA $75,628.86 $75,628.86 Benefits and Employer Taxes NIA $21,798.37 $21,798.37 Supplies N/A $7,112.56 $7,112.56 Consultants NIA $27,080.00 $27,080.00 Rent utilities NIA $22,184.00 $22,184.00 Travel and Transportation Support to other Agencies Other (Please specify) Maintenance N/A $5,442.22 $5,442.22 Building Modifications NIA $30,000.00 $30,000.00 Total Expenses $189,241.01 $189,241.01 12IPage Services Summary For Twelve months ending: 12/31/2020 Program/Service Total Agency Section 888 Pro ram Beneficiaries # # # People # Sessions People Sessions Inquiries 209 NIA NIA NIA Evaluations NIA NIA NIA NIA Individual Counseling 111 1385 NIA NIA Group Counseling 111 4864 NIA NIA Family Counseling NIA NIA NIA NIA Aftercare NIA NIA NIA NIA Inpatient Care (Detox) NIA NIA NIA NIA Alcohol and Drug Prevention and Education NIA NIA NIA N/A (Excluding ADIS) ADIS NIA NIA NIA N/A Dollars Contributed to third parties 65 NIA NIA NIA Referrals to other Agencies 111 250 NIA NIA Other Services (Specify): NIA NIA Case management individual sessions 111 1443 Recovery coach group sessions 111 4192 NIA NIA Wait -list housing at Shelter 31 NIA NIA NIA Transitional housing post CKF treatment 27 NIA NIA NIA graduation Life Skills trainings 111 1398 NIA NIA Gratis child care 11 302 NIA NIA Total Unduplicated Persons Served 96 NIA Please complete the table to the best of your ability, matching the categories listed to services provided by your agency. 131Pa9e A note on haw to count: If one individual attends three individual counseling sessions, it counts as 1 person and 8 sessions. If one individual receives an Individual Counseling session, participates twice in a group, and then receives a referral to another agency, you would count one individual in each service category. There would be two group sessions. However, total persons served would be 1.. Likewise, if an individual were to go through your program once, and then be re -admitted, they would still count as 1 individual served in total, although they may have been counted many times. Quer attachments: To be provided by Applicant. 141Page Ashby House Sober Living Fee Schedule As a resident of Ashby House's Bridge to Sober Living Program you will not be responsible for making payments in order to reside in one of the Sober Living apartments. The Central Kansas Foundation Addiction Treatment Center has agreed to reimburse Ashby House $32.00 for each day you take part in the program under the stipulation that you attend each day's offered individual and group sessions. Sober Living residents will anticipate the following casts: Laundry: The facility includes a laundry facility complete with coin-operated appliance. Each load of laundry will cost $2.00. Drug testing: Residents are only expected to pay for drug tests they will take after returning from an approved day pass, overnight pass, or weekend pass. Each test will cost $12.00. All other tests administered at the Sober Living Program will be covered by the agency. r .'91 MAY I AM l!: ?l rr; r ARTICLES OF INCORPORATION ! j SECHEI-AKY OF STA'CE KANSAS OF ASHBY HOUSE,_ LTD. We, the undersigned incorporators, r cOR 451 3 75. 00 establish a corporation NOT FOR PROFIT unde; po th,4-j-,�gFtrthe ,State of Kansas. ARTICLE ONE The name of this Corporation is ASiHUSE, LTD. ARTICLE MLO Co The locti a on of its registers ce in thi tie is in the City of Salina, County of@ine, Kansa �hhe resident 11 agent at this address is Bat oun g. rand, Salina, Kansas, 67401. ICLE TH This Corpor 1 is orga NOT FO IT and the 0 objects.and pur a to be cted an_ tried on area or 1. en$ral p es of oration are to • p operat ly and a vely as ritable, sclentific, lit and educ tl orga To f r such p s, the Corporation shall have and may exe all th rs conferred by the laws of the. State of Kansas u on Corporations. Specifically*, but without P limitation, this Corporation shall have the power to acquire, purchase, hold, lease, convey, mortgage and pledge such real and•peroonal property in Kansas, other states of the Unites States and elsewhere as shall be necessary or convenient to the transaction of its business. 4 17$63751$9105(}6 R7$ F119 01832320 __.._ r i PROVIDED, HOWEVER, that in all .events and under all circumstances and notwithstanding merger, consolidation, reorganization, termination, dissolution or winding up of this Corporation, voluntary or-involuntary or by operation of law, the following provisions shall apply. a) This Corporation shall not have or exercise any power or authority either sly, by interpretation or by operation of a nor shall it directly or indirectly engage n ny activity that would prevent this Corporan from quaying and continuing to qualifyA organiza described Section 501c in (It the Inter evenue Code of 1966 and amendmen r corresponding provisions t so b) This Cor on shat % of be o for the prima ose of ng on a e or business for it.3 Q cjcompensat r payment 11 ever be paid or de to mbar, er, director, trustee, creator organ of this Corporation, or s lal co utor to, it, except as an tual all encs fo expenditures or services actually made or rendered to or for this Corporation; and neither the whole nor any portion of the assets or net earnings, current or accumulated, of this Corporation shall ever be 2 14 distributed to or divided among any such persons* r.► 7 :, t U provided further that neither the whole or any part or portion of such assets or net earnings shall ever be used for, accrued to or inure to the benefit of any member or private individual within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1485 and any amen thereto. 3. Upon the dissolution of this "I;!; . ration, the governing body shall, after paying or "I rovision for the payment of all of the liabilities of orporatidispoise of all of they assets of the Co on exclu y ' for the o rati o such r ization or purposes of the C r!e organizations organized operat xclusively for charitable, educational ligious or tific as and shall at the time ify as exempt oma nation or organizations u 01(c)(3) a Inter venue Code of o 1386, or th o spondin visions. y future United States I 1 Reven , as the verning board shall Y date An eu sets no disposed of shall be di of by tistrict of Saline County or of the Cou ty in wh he prin office of the Corporation is then located, a clusiv for such purposes or to such organization or organizations as such Court shall determine as being organized and operated exclusively for such purposes. 0 3 ARTICLE FOUR The Corporation will NOT have authority to issue capital stock, and the condition of membership shall be fixed by the Bylaws. ARTICLE FIVE The Board of Directors shall have all pourers granted by law and the Bylaws, ARTICLE SIX personally lia yohe Corporation No Director shall be para Y for monetary damages for any breach o�fi uciary dby such Director as a Director. Nlable swntenee, a liretanding foregoing Director shall be to the a provided by applicable law for (i) of the 4hectorlg duty of loyalty to the Corpora t r its st ders;cts or omissions not in faith or is involmatentional misconduct or a ng violat the la,4 3y violations 0 Under the p i ons of 17-6424op any amendments 0 thereto v} any action fx °which the Director deriv improper oval be No amendment to or re of this Ale shall to or have any effect on the liabilit alleged iility of any Director of the to an acts or omissions of Corporation fiDr or with pact y such Director occurring prior to the date when such provision becomes effective. • 4 1 r ,ARTICLE SEVEN � , 0 The term for which this Corporation is to exist is perpetual. ARTICLE: EICRiT No member.o€ this Corporation shall benefit financially from the dissolution thereof, in the event of dissolution of this Corporation, the assets of the Corpottse shall be distributed as set forth in Article Three o Articles. ARTICLE NINE . The Haman and residences of the< trporatorket Barbara Young, 1100 W. Grand, Sa i Kansas,1 a , 6 Sara Osborn, 2113 Northwood ''AZTWM aline , 7401 Ka TEN A> The number of Di rs may be 2 eased or, reared from time to time amendmen a Byla ARTIC o The namilbam residen € the per who are to serve 8 as Direc ntil thei cessors a ` ectad and qualified are: o stance Mhterberg overhill, Salina, Kansas, 674 The Rt. v. Johnhby, 512 Sunset, Salida, Kansas, 674017 Carolyn Berens, 130 N. Santa re, Salina, Kansas, 67402; 5 IN J r The very Rev. M. Richard Hatfield, 2641 Ray, Salina, P) Kansas, 67441; James Hill, 255 N. 10th, Salina, Kansas 67401; Jerry Hinrikus, 416 Winn Rd., Salina, Kansas, 67401; Mary. Frances Hutchinson, 2134 Edgehill Rd., Salina, Kansas,67401; Dr. Oliver L. Martin, 715 E. Republic, Kansas, 67401; Forma Montgomery, 2202 Leland Way, a, Kansas, 67401; 78 1Lna Kans '67401; Cheryl J. Mullin, P.O. Box 2 ► ' Weeden Nichols, 5688 E. Craw Salina, as, 67401; Frank C. Norton, 215 S ants Fe, na, Kansas, 67401; eb3v Sura Osborn, 2113 wood Ln. na, Ka 67401; Abner R. Penne T05 Glenn, 1 na, Ran , 67401; 43 d Drna, Kansas,. John {Jay} an, 8 67 i" $ SR. Lou Rob P.0. Box 6, Salina, Kansas,. 7401• 0 Eliz ab Stoves, Nottingham Dr., Salina, Kari X1,667401; � Barbara un, 110j**Grand,,Salina, Kansas, 67401. g ARTICLE THIRTEEN The Corporation shall maintain general liability insurance in such amount as,shall be determined by the Board P, of Directors,, so as to enable volunteers of the Corporation 1 o } come within the provisions of K.S.A. 50-31601. IN TESTIMONY WHEREOF, we have hereunto set our names this Z30 day of April, 1991. STATE OF KANSAS, COUNTY OF SALINE, S� The foregoing instrument was, ak.,owledged 7,1i.ire me this (� day of April, 1991, by far2ara Young. V i LOU {LOaERTS C \ �,/j � / it.. ) �4 �5-� -� c•�o NOiARV PUBLIC f NOTARY T illAl'R or./ STATE OF KANSAS, C7 Y OF SALII:,c3:-��r' The forego�nstrumen 'ya.:. acknowle4trsci before me this C- < day oi.-. ;Fpri.l, 1991_�:,Y Sara osborn( LOU ROBERTS N(11'19Y PUBXag C = NOTARY PUBLIC 16'TA'LE � c-••. 7 I BYLA•w OF A,SHBY HOUS . LTD. ARTICLE I 0 Section I. Princiaal Office. The principal office for the transaction of the business of the Corporation is hereby located at Salina, Saline County, Kansas. Section 2. Rjotered Office. The Corporation, by resolution'of its Board of Directors, may change the location of its registered office as designated in floe Articles of Incorporation to any other place in Katasas. By like resolution, the resident agent at such registered office may be changed to any other person or corporation, including itself. Upon adoption of such a resolution, a certificate certifying the change shall be executed, acknowledged and filed with the Secretary Of State. Section 3. Oer thOffim. The Board at any place or places where the Corporation is qualified to do business may at ariy time establish branch or subordinate offices. ARTICLE H AffAMERSHIP The duly elected Board shall constitute the Membership of the Corporation. All rights, powers, j duties, and obligations usually vested in the members of non -}croft corporation shall be vested in the Board in accordance with law and these Bylaws. ARTICLE III p,IRECIORS Section 1. General Supervision. The Board of Directors shall have the direction and general supervision of all matters pertaining to Ashby House, Ltd. It shall adopt and monitor a budget and cause the accounts of the Treasurer to be audited not less than once a year. Section 2. Records.. The Board shall provide for the collection and storage of appropriate current and historical records deemed needed for the operation and continuation of Ashby House into .the future. Section 3. Funds. The Board shall be empowered to invest and reinvest such fiords as may be available for the creation of operational and reserve funds. Section 4. Borrow Manu. The Board shall be empowered to borrow money and incur indebtedness for purposes of the Corporation, and to cause to be executed and delivered therefore, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecation, or other evidences of debt and securities therefore. Section 5. Committees. Tine Board shall be empowered to appoint committees, and to delegate to such committees any of the powers and authority of the board in the managemerit.of the business and affairs of the Corporation, except the power to adopt, amend or repeal Bylaws. Each such committee shall be composed of two or more Directors. Section & Namber and Qualification of Directors. The authorized number of Directors of the Corporation shall be not less than thirteen (13) nor more than nineteen (19). Section 7. Election and Tern of O ffice. It is in the best interests of the Corporation that the terms of the Directors shad be - staggered so that approximately one-third of all of the Directors then serving are elected at each annual meeting of the Corporation. If a vacancy shall occur prior to the annual meeting, the Directors may be elected at a regular or special meeting of the Board. All Directors shall haul office until thein' respective successors are elected. Section 8. Vacancies. Vacancies on the Board may be filled by affirmative vote of the majority of Board. Identifying candidates for vacancies shall be the responsibility of the Nominating Committee, but nominations may come from any member of the Board.. Candidates should be contacted and presented the mission and scope of Ashby House. If the candidate expresses interest, he or she will be invited to the Ashby House campus for a tout of facilities and detailed discussion about Ashby House programs. ARTICLE IV flCFRS Section 1.i ation of The officers of the Corporation shall be a President, a Vice President, a Secretary and a Treasurer. The Executive Director shall serve as an ex officio officer. The Corporation may also have, at the discretions of the Board, a Chairman of the Board, one or more Vice Presidents, one or more Assistant Secretaries and one or more Assistant Treasurers, and such other officers as may be appointed. The same person may hold any number of offices. Section 2. Election. The officers of the Corporation shall be elected to serve for two (2) year terms by the Board and each such officer shall hold his or her office until he or she shall resign or shall be removed or otherwise disqualified to serve or his or her successor shall be elected and qualified. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or any other cause shall be Sled in the manner prescribed in these Bylaws for regular appointments to such office. Section 4. moval and RaimatLan, Any officer may be removed, either with or without cause, by a majority of the Directors at the time in office, at any regular or special meeting of the Board. Any officer may resign at any time upon written notice to the Corporation. , Section 5. Fresidert. The President shall be the presiding officer of the Corporation and shall, subject to the control of the Board, have general supervision, direction and control of the business and officers of the Corporation, He or she shall preside at all meetings of the members and at all meetings of the Board. He or she shall be ex officio a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties of management usually vested in d;e office of president of a Corporation, and shall have such other powers and duties as may be prescribed by the Board or these Bylaws. Section 6. Vice President. In the absence or disability of the President, the Vice President or Vice Presidents. in order of their rank as fixed by the Board, or the Vice President designated by the Board. shall perform all the duties of the President, and when so acting shall have all the powers of. and be subject to all the restrictions upon, the President. The Vice Presidents shall have such other powers and perform such other duties as from time to time may be prescribed for them respectively by the Board or these Bylaws. Section 7. Secretary. The Secretary shall keep, or cause to be kept, a book of minutes at the principal office or such other place as the Board may order, of all meetings of Directors, with the time and place of holding, whether regular or special, and if special, how authorized, the notice thereof given, the names of those present at Directors' meetings and the proceedings thereof. The Secretary shall keep, or cause to be kept, at the principal office a Board membership ledger, showing the names, addresses and other appropriate contact information, of all current Board of Director members. The Secretary shall give, or cause to be given notice of all the meetings required by these Bylaws. He or she shall have such other powers and perform such other duties as may be prescribed by the Board or these Bylaws, Section 8. Tressurer, The Treasurer shall keep and maintain or cause to be kept and maintained, adequate and correct accounts of the properties and business transactions of the Corporation, including accounts of its assets, liabilities, receipts, disbursements, gains, losses, capital, surplus and shares. The books of account shall at all reasonable times be open to inspection by any Director. The Treasurer shall ensure timely deposit of all monies and other valuables in the name of and to the credit of the Corporation with such depositories as may be designated by the Board. He or she shall disburse the funds of the Corporation as may be ordered by the Board, shall render to the President and Directors, whenever they request it, an account of all of his or her transactions as Treasurer and of the financial condition of the Corporation, and shall have such other powers and perform such other duties as may be prescribed by the Board or these Bylaws. He or she shall be bonded, if required by the Board. Section 9. Administrator. The Administrator shall keep an accurate record, and have custody, of all official papers and records; shall call the meeting to order in the absence of the President and Vice Presidents, and call for a motion for the election of a president pro tempore; shall issue all calls and notices ordered by the President or the Board; shall submit at the monthly meetings a written report covering the activities of the position and Ashby House, Ltd. operations; shall receive such salary as the Board shall determine; and shall have such other duties and prerogatives as the Board may assign. At the expiration of service, the Administrator shall turn over to a designated successor all books, documents and other property in the custody of the Administrator, receiving a receipt therefore. ARTICLE V FXECUTIVE CONWrTEE There shall be an Executive Committee consisting of the officers as provided in Article IV, Section 1 above. The Executive Committee may conduct any business of Ashby House, Ltd. deemed necessary between regularly scheduled Board meetings. Meetings of the Executive Committee will be held at the call of the President or at the request of two members of the Executive Committee at the office location of Ashby House, Ltd. ARTICLE VI MEETINGS Section 1. ftaular Neeflnga The Board shall hold a regular meeting each month. It shall hold special meetings at the call of the President or on the petition of 25% of the Directors. A monthly meeting can be cancelled with approval of 75% of the Board. Section 2. Annual Mee n . An Annual Meeting shall be held at the principal office of the Corporation or a location designated by the Board. Written notice of each Annual Meeting shall be provided not less than ten (10) days prior to the Annual Meeting and shall specify the place, day, and time of such meeting. During each Annual Meeting, the Board of Directors shall conduct an election of officers in addition to any other business to be transacted. Section 3. Piave of Neetigg.Regular and special meetings of the Board of Directors shall be held at any place within or without the State of Kansas designated by the Board or by written consent of all members of the Board. In the absence of any special designation, all meetings shall be held at the principal office of the Corporation. Section 4. NO—flee. Adequate notice of each meeting of the Board shall be transmitted to each member of the Board prior to the scheduled date thereof. An agenda and copy of each report and resolution, which are to be considered at such meetings, shall accompany the notice of the meeting and no other matters shall be considered at such meetings without the consent of the majority of the members of the Board in attendance. Section 5. Waiver. Whenever notice is required to be given by these Bylaws, the Articles of Incorporation, or by statute, a written waiver thereof, signed by the person(s) entitled to notice, whether before or after the times stated therein, shall be deemed equivalent to notice. Attendance of a person at a meeting constitutes a waiver of notice, except when the person attends a meeting for the express purpose of objecting at the beginning of the meeting to the transaction of any business because the meeting is not lawfully called or convened. Section 6. Ouorum. A Quonun shall consist of 50% of the current members of the Board. The Directors present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of enough Directors to leave less than a quorum. Section 7. Telephone or Electronic Co unl 'on. The Board is authorized to meet by telephone conference or through other electronic communications media so long as all of the members may simultaneously communicate with each other and participate during the meeting. Section 8. Adiournment. A majority of the Directors present may adjourn any Board meeting to meet again at a stated day and hour or until the time fixed for the next regular meeting of the Board. ARTICLE VII BALLOTS OF THE BOARD All votes required of Directors may be by voice vote or show of hands, unless any member requests a written ballot. Each voting member shall have one (1) vote for matters, which may properly come before the members at any annual or special meeting. Voting by proxy shall not be allowed; however, electronic voting shall be acceptable with one (1) vote per member. ARTICLE VIII MCAL AM AQW41STWUM Section 1. Fiscal Year. The Board of Directors shall have the power to fix and from time to time change the fiscal year of the Corporation. In the absence of action by the Board, however, the fiscal year of the Corporation shall end each year on the date, which the Corporation treated as the close of its first fiscal year, until such time, if any, as the Board shall change the fiscal year. Section 2. Few and Compoination. No compensation or payment shall ever be paid or made to any member. Director, officer, creator, or organizer of this Corporation, or substantial contributor to it (except as payment for actual services rendered to or for the benefit this Corporation). Neither the whole nor any portion of the assets or net earnings current or accumulated of this Corporation shall ever be distributed to or divided among any such persons, and neither the whole nor any part or portion of such assets or net earnings shalt ever be used for, accrued to, or inure to the benefit of any member or private individual within the meaning of Section 501(c)(3) of the Internal Revenue code of 1986 (or the corresponding provisions of any future United States Internal Revenue Law). Section 3. CoMomtion Records. The records of the Corporation shall include but not be limited to: all current employees of the Corporation including contact and identification details required under Federal and State employment regulations, all current financial records and financial audits, all financial records and financial audits for the previous 7 years, a list and contact information for all officers of the corporation for the last 7 years, a list and contact information for all current Board of Director members, a list and contact information (if known) for all emeritus members of the Board of Directors, minutes for all Board of Director meetings conducted for the past 7 years, minutes for all committee activities conducted during the past 7 years, copies of contracts and MDUs executed on behalf of the Corporation for the past 7 years, and deeds or other documents indicating ownership of real property. Section 4. Records Locatlon. The records of the Corporation shall be maintained at the f corporate office and shall be available for inspection by any member of the Board of Directors. Record inspection by individuals or entities outside the current Board of Director members shall require a written request and approval of a majority of the current Board. Section 5. Bylaws. The Corporation shall keep in its principal office a copy of the Bylaws as amended or otherwise altered to date, certified by the Secretary, which shall be open to inspection during business hours by Directors. ARTICLE IX MISCELLANEOUS Section 1. ot�-fo -Prot ftrgose. This Corporation is organized not-for-profit and shall have no authority to issue capital stock. The Corporation is organized as a charitable organization, which is to be treated as a charitable corporation pursuant to Internal Revenue Code Section 501(c)(3) of the Intetmal Revenue Code of 1986, as amended from time to time ("fie")• Section 2. Nop-Proflyt ResWetion. Notwithstanding any other provision of these Bylaws, the Corporation shall not carry on any other activities not permitted to be carried on (i) by a corporation exempt from federal income tax under Corte Section 501(c)(3), or (ii) by a corporation, contributions to which are deductible under Code Section 170(c)(2). Section 3. Pqjitical _Aelkides Prolii ' No substantial part of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Section 4. U1£ of Rotrerts Rules of Order. The most current revision of Roberts Rules of 6rder shall be used for the conduct of all meetings except as otherwise provided hereunder or in the Articles of Incorporation. Section S. Indemnification of Dil`ector_s and Of leers. This Corporation shall indemnify any Director, officer, employee or agent of the Corporation who was or is threatened to be matte a party in any legal proceedings, whether civil, criminal, administrative, or investigative, if successful on the merits or otherwise in defense, or even if unsuccessful in defense, if such person acted in good faith and in the reasonable belief that his or her actions were in or not opposed to the best interest of the Corporation. Section 6. Insurance. The Corporation shall purchase and maintain insurance on behalf of the Directors, officers, employees, and agents of the Corporation against any liability asserted against such person and incurred in such capacity whether or not the Corporation would have power to indemnify such person against such liability under the provisions of the above section. Section 7. Checks, Drafts. Etc. All cheeps, drafts or other orders for payment of money, nates or other evidences of indebtedness, issued in the name of or payable to the Corporation, shall be signed or endorsed by such person or persons and in such Manner as, from time to time, shall be determined by resolution of the Board. Section 8. Coy is Deeds Ftc. The Board, except as these Bylaws otherwise provide, may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances; and unless so authorized by the Board, no officer, agent or employee shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable for any purpose in any amount; provided, however, that any contracts, agreements, deeds or other instruments conveying lands or any interest therein, and any other documents shall be executed on behalf of the Corporation by the President (or by a Vice President, if there be one, serving in the absence of the President), or by any other specific officer or agent or attorney so authorized under letter of attorney or other written power which was executed on behalf of the Corporation by the President (or Vice President serving in the absence of the President). Copies of all documents shall be secured in the principal office of the location. Section 9. Conflicts sof Anter_est. No contract or transaction between this Corporation and one or more of its Directors or officers, or between this Corporation and any other corporation, partnership, association, or other organization in which one or more of its Directors or officers are directors or officers, or have a financial interest, shall be void or voidable solely for this reason, or solely because the Director or officer is present at or participates in the meeting of the Board or committee thereof which authorizes the contract or transaction, or solely because his or 4 ) her vote is counted for such purpose, if either: • The material facts as to his or her relationship or interest and as to the contract or transaction are disclosed or are known to the Board of Directors or the committee, and the Board or the committee in good faith authorized the contract or transaction by the affirmative votes of a majority of the disinterested Directors even though the r disinterested Directors be less than a quorum; or • The contract or transaction is fair as to the Corporation as of the time it is authorized, approved, or ratified by the Board of Directors or a committee thereof duly authorized. Common or interested Directors may be counted in determining the presence of a quorum at a meeting of the Board of Directors or of a committee which authorized the contract or transaction. ARTICLE X DISSOLUTION upon the dissolution of this Corporation, the governing, body shall, after paying or making provision for the payment of all of the liabilities of the Corporation, dispose of all of the assets of the Corporation exclusively for the purposes of the Corporation in such a manner, or to such organization or organizations organized and operated exclusively for charitable, educational, k religious, or scientific purposes as shall at the time qualify as an exempt organization or organizations under 'Seeton501(c) (3) of the Code, as the governing Board shall determine. Any such assets not so disposed of shall be disposed of by the District Court of the county in which the principal office of the Corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. ARTICLE XI ADME 'MENTS New Bylaws may be adopted or these Bylaws may be amended or repealed by a majority vote of the Board at any regular or special meeting thereof; provided, however, that the time and place fixed by the Bylaws for the annual election of Directors shall not be changed within sixty (60) days next preceding the date on which such elections are to be held. The Board shall give notice of any amendment of the Bylaws by the Board to each member having voting rights within ten (10) days after the date of such amendments. ADOPTED by the Directors as of the 14th day of June, 2016 ASHBY HOUSE, LTD. By: Dennis Kuhlman, President By: Kate Behan, Secretary • ABILENE JUNCTION CITY McPHERSON SALINA C K F '— ., �r:. r, L: rv, •, 'Y, yn rc..,,�;: l�,iy �..r ..;\r r l it ri. L:,i .._ �, � _.il., .r.r,�t - (�i: i(}'; ADDICTION TREATMENT HELP I HOPE I HEALING Phone: ` Fax: -:- phone: /bIN Fax: ?85,71,2 +. ;,'. Phonc: Phone: 6 b Fax: Admin Fax: Counseling Fax: February 4, 2021 City of Salina Shandi Wicks, Debbie Pack and Salina City Commissioners 300 West Ash, Room 206 Salina, KS 67401 Dear Shandi, Debbie and Commissioners: I have enclosed the 2021-2022 Section 888 Special Alcohol Funding Application for CKF Addiction Treatment. For 54 years, CKF has served the community by providing a wide variety of services for every stage of recovery. We appreciate the support from the City of Salina in the past and look forward to continued collaboration. If you have any questions, I am the primary contact person. You can also contact my assistant, Kathi Linville at 785-825-6224 or by email at klinville@ckfaddictiontreatment.org. Sincerely, Shane Hudson, President & CEO CKF Addiction Treatment 617 E. Elm Street Salina, KS 67401 785-766-4401 shudson@ckfaddictiontreatment.org Residential Treatment Detox Services Prevention & Education Services Outpatient Services Pathfinder Recovery Center Proposal Content Amount of Funding Requested: 400,000 total for the two-year Period. Typically funding is distributed as received. The quarterly distributions may vary depending on consumption of alcohol and taxpayer compliance. In the most recent 8 quarters, total funds received by the City have fluctuated between $23,594 and $71,130 quarterly. Funds received are then distributed to the successful agencies proportionately to their awards. Narrative Questions: 1. Please describe your organization's (program's) principal purposes, and explain how the stated purpose relates to the objectives set forth by the Special Alcohol statute? How long has your organization been in active operation within the City of Salina? CKF Addiction Treatment, a not-for-profit corporation, was founded in 1967 for the purpose of providing both quality and affordable alcohol and other drug education and treatment services. CKF is a safety net organization and does not refuse service to anyone because of an inability to pay. Although some programs provided by CKF are funded by client fees, many of the services are funded in full,, or in part, by combining a variety of revenue sources to meet the direct cost of service provision. Local alcohol tax funds available to providers is critical to the maintenance of essential services. CKF Mission: To continuously challenge our systems of care, so that addiction is treated, in all its forms, as a chronic disease. CKF Vision: A world where every individual suffering from addiction gets better through better access, better treatment, and better support and understanding. In keeping with its original mission, services and programs offered by CKF meet the requirements listed in the Section 888 Special Alcohol Fund. Specific program information presented in this proposal will provide a detailed description of services offered and 2020 utilization data; showing that CKF's programs fulfill the requirements for the purchase, establishment, maintenance, or expansion of services provided for the treatment of persons who are alcoholics or drug abusers; or in danger of becoming alcoholics or drug abusers. 2. Explain how Section 888 resources will be used within your agency's overall program? Why are the Section 888 funds essential to your program? How does the proposed use of funds address the purposes of the Section 888 statutory authorization? 3 1 P a g e The funds awarded will be used to help fund seven areas of service as detailed below: A. Nicotine Replacement Thera NRT — Tobacco Use Disorder is a diagnosable substance use disorder (SUD) and must be treated the same as, and along with, all other substance use disorders. More mental health treatment and SUD treatment patients die from illnesses related to their tobacco use than from their symptoms of mental illness or their drug of choice combined. Therefore, to treat our patient's "whole health", CKF became the first treatment provider in Kansas to go 100% tobacco -free at an intermediate residential treatment facility. Data from the National Institute on Drug Abuse (NIH) and Substance Abuse and Mental Health Services Administration (SAMHSA) shows that: • A minimum of 65% of clients in treatment for substance use disorders smoke cigarettes. • As many as 80% of patients in substance use disorder treatment have expressed an interest in tobacco cessation. • Quitting tobacco use during drug addiction treatment is linked to a 25% increase in long-term sobriety. This impacts the health and well-being of the patients in our community and fulfills CKF's mission by encouraging healthy lifestyles, behaviors, and environments. CKF was able to provide NRTs to patients in Outpatient and residential services through funding provided by the Salina 888 tax funds. Based on 2019 data, CKF spent an average of $1,181 per month on nicotine replacement therapies. In 2020, CKF saw 1,112 unique patients for Outpatient Group and residential services. Based on the NIH and SAMHSA data outlined above, 723 patients (65% of 1,112 patients) use tobacco products and 278 patients (25% of 1,112 patients) have a greater likelihood of long-term sobriety because they addressed their tobacco addiction. This funding request will be used to continue to provide nicotine replacement therapy and meets the statutory requirements for the use of 888 alcohol tax funds for the implementation of a program whose principal purpose is the treatment of a person's substance use disorder. Requested Amount: $30,000 B. CKF-Ashby -- CKF partnered with the Ashby House in February of 2020 and was licensed by the Kansas Department for Aging & Disability Services (KDADS) to provide Substance Use Disorder (SUD) services at that location. Over the summer, KDADS recognized CKF-Ashby as a Designated Women's Program within Kansas to meet the needs of females struggling with SUD issues. While residing at CKF-Ashby, women are given the opportunity to bring children to services; allowing children to 4 1 P a g e reside in a safe and supported environment for the duration of their treatment (Average stays range from two to five months.) CKF admitted 92 unique patients into services between February and December of 2020. Because of the unique circumstances of this population, specific programs and resources are needed to provide the best quality of care; as well as a better opportunity for long-term recovery. Over the next several years, this funding will be used to continue to improve the quality of services by providing structure, building updates, a thorough curriculum, more children's programs, and funding for the indigent. This meets the statutory requirements for the use of 888 alcohol tax funds because the principal purpose is the maintenance and expansion of services to treat women with Substance Use Disorder. Requested Amount: $80,000 C. City -Go -Bus Passes — Lack of adequate transportation continues to be a barrier to indigent patients attending treatment regularly. The City -Go bus service will continue to assist with this issue. Utilization of the bus passes helped to positively impact the attendance rate at CKF. It also helped patients who utilized the Pathfinder Recovery Center services to make additional appointments with other service providers in the community. During the last funding cycle, 300 day passes (1,800 individual bus rides) were distributed to patients with transportation problems. Of those passes, 100 (600 rides) were given to the Emergency Department at Salina Regional. This use of 888 funding meets the statutory requirements for the maintenance of a program whose principal purpose is the treatment of persons who are alcoholics or drug abusers. Requested Amount: $2,500 D. Medication Assisted Treatment MAT Clinic — According to the Substance Abuse and Mental Health Services Administration (SAMHSA), the FDA has approved several different medications to treat opioid addiction and alcohol dependency. Medication Assisted Treatment is the use of FDA approved medications, in combination with counseling and behavioral therapies, to provide a "whole -patient" approach to the treatment of substance use disorders. This aligns with CKF's mission to treat addiction as a chronic disease. CKF established a MAT clinic at our Salina location, providing access to a physician and treatment support from Licensed Addiction Counselors. CKF hired a Medical Director, an APRN, and nurses to staff the clinic, rather than relying on contracted medical services, to provide high quality care for both residential and outpatient clients. The clinic has a current caseload of 195 unique patients. Because of the increased medical needs of CKF patients, CKF decided to expand our our $IPage medical services and hire a Nurse Manager to help manage the medical needs of the Residential and Detox patients. Alcohol tax funds will be used to help cover the costs for the medical personnel required by the program. This use of 888 funding meets the statutory requirements for the maintenance and expansion of a program whose principal purpose is the treatment of patients who are alcoholics or drug abusers. Requested Amount: $50,000 E. Fee -For -Service — CKF does not refuse service to anyone based on their ability to pay. As a result, each year CKF provides charity care to patients not covered through any funding sources. In 2020, CKF wrote off $67,902 in charity care. The alcohol tax funding will be used on a "fee-for-service" basis for outpatient and inpatient clients who are not eligible for state assistance and lack private health insurance. Eligibility for state assistance is not available to anyone who eams more than 200% of Federal Poverty Guidelines. This use of 888 funding meets the statutory requirements for the maintenance of a program who principal purpose is the treatment of persons who are alcoholics or drug abusers. Requested Amount: $135,000 F. Pathfinder RecoveEY Center — CKF opened the Pathfinder Recovery Center in 2010. The Pathfinder was the first program of its kind in the State of Kansas and is based upon the best practices included in Recovery Oriented Systems of Care. The Pathfinder offers immediate access to services with no waiting list or delay. Expanded hours of operation ensure that families in crisis, intoxicated individuals, and any community member can access quality care on a "walk-in", no appointment necessary basis. Staff provide assistance with employment, life skills, wellness, and addiction recovery. The Pathfinder is staffed by Recovery Coaches and provides seamless access to all CKF services. This project is funded in part by using a portion of the Federal Block Grant funds available to CKF from the state. In 2020, staff from the Pathfinder provided services to 850 unique individuals: including inquiries, individual recovery coaching sessions, recovery support groups, recovery skills groups, and individualized detox support. Overall, more than one-third of the patients seen at the Pathfinder (36%) were uninsured/state funded. Because of the current COVIN pandemic, these services continued through CKF's expanded telehealth services. CKF is requesting support from the City of Salina Section 888 Special Alcohol Funds to ensure the continuation and expansion of this important service. This use of 888 funding meets the statutory requirements for the maintenance of a program who principal purpose is the treatment of persons who are alcoholics or drug abusers. Requested Amount: $30,000 6 1 P a g e G. Telehealth Expansion — One area that CKF is focused on expanding is its telehealth services. This will improve access to care and provide assessment and/or treatment for more patients. According to the Substance Abuse & Mental Health Services Administration (SAMHSA), behavioral health clinics are encouraged to use telehealth services to expand access to screening, evaluation, and timely service delivery. In addition, studies have shown that telemedicine produces similar results to in-patient treatment and has been shown to provide substantial patient and provider satisfaction. Telehealth services has been a good and required response to the pandemic and will be combined with in-person care delivery post -pandemic. CKF is requesting support from the Section 888 alcohol funds to help support the salary of a Telehealth Assessor, which will increase timely access to CKF services. This use of 888 funding meets the statutory requirements for the expansion of a program who principal purpose is the treatment of persons who are alcoholics or drug abusers. Requested Amount: $ 72,500 3. Please list and describe the relationship that your agency (program) has with other community agencies or organizations. Please include State and Local Government Agencies, as well as private groups, profit or non- profit. Address assistance givenlreceived. City of Salina I Saline County — CKF provides access to all levels of prevention and treatment services to Saline County residents who are uninsured and do not qualify for state assistance. CKF utilizes a portion of the Special 888 Alcohol tax funds to support its programs and make up the financial disparity between reimbursement from other funders and actual cost of service delivery. No one is denied access to care because of an inability to pay. State of Kansas -.CKF provides direct prevention and treatment services to clients eligible for state funding from the Kansas Department for Aging and Disability Services (KDADS). These services include professional consultations with area staff, as well as direct inpatient, outpatient, and case management treatment services. KDADS provides grant funds for capped fee for service reimbursement for treatment services. In addition, CKF was awarded the Kansas Connecting Communities (KCC) grant to work with pregnant women with SUD issues and the State Opioid Response (SOR) grant to work with patients with an Opioid Use Disorder. Law Enforcement - A close working relationship is maintained with the 28th Judicial District Court, Community Corrections, Salina Municipal Court, Drug Court, the Salina Police Department, and the Saline County Sheriffs Department; providing treatment services for offenders. 7 1 P a 9 e • Social Service Agencies - CKF staff works with local service agencies daily, as detailed in Question #4G of this application. • Local Charities — CKF receives grant funding from local charitable organizations such as the Salina Charities League, the Elden V. Miller Charitable Trust, and the Greater Salina Community Foundation. • Area Businesses- CKF provides Employee Assistance Programs to businesses, which includes direct counseling services for affected employees. Educational presentations are available for staff, as well as the resource materials that are available in the Pathfinder. • Area Clergy — Staff meet with area clergy to identify community concerns and provide updates on services available. Educational presentations are available to area churches as well as resource materials that are available in the Pathfinder. • Medical Professionals - Persons suffering from addictive disease often require medical intervention. A viable working relationship with area physicians is maintained, and referrals are common. CKF provides full- time staff to Stormont Vail Health Center and the Salina Regional Health Center. CKF is also working to engage partner clinic sites. • Mental Health Professionals - An increasing number of clients present for treatment with co-occurring mental health and addiction problems. CKF works with the Central Kansas Mental Health Center and other area mental health practitioners to ensure that clients receive appropriate concurrent mental health and substance use treatment. The funding for indigent mental health and substance abuse clients is generated from different sources. Special alcohol tax funds are utilized to assist with the provision of these services when clinically indicated. USD 305 - Preventing substance abuse and early intervention of adolescent substance use is the focus of cooperation between CKF and USD 305. These efforts include assisting school personnel with education resources and providing direct assessment and counseling to individuals identified by the school system as at risk for the development of substance use problems. Local Self -Help Groups - An integral feature of successful recovery from addictive disease is the development of a self-directed program of recovery. This recovery program is aided by a close association with self- help groups such as AA and NA. CKF maintains a close working relationship with these groups and utilizes their experience and willingness to help as a key referral source for patients. 8 1 P a g e 4. Describe your agencies program(s).. A. List and describe the services provided. • Pathfinder Recovery Center — The Pathfinder Recovery Center services, detailed in Question 2F of this application, is a community service accessible to any individual, family, or community member, whether or not they are in treatment. Connecting recovering individuals to community resources and providing them opportunities to re -connect with the community at - large are vital to them sustaining quality, long-term recovery, and affects all areas of their lives. inquiries/Assessments/Referrals — A person will often call knowing that he/she, or a family member or friend is experiencing problems with alcohol and/or other drugs but is not sure of the severity of the problem or what steps can be taken to find help. In these instances, CKF provides an inquiry assessment with a counselor or Recovery Coach at no charge to the client or family member. During this appointment, the counselor will assist the client in reviewing the problem and identifying possible resources. These appointments may generate assessments, referrals, and admissions to in-house programs as well as to other credible alcohol/drug treatment programs throughout the state. Every effort is made to refer clients to the most appropriate program for their individual needs. • Outpatient Services -Individual and Family Counseling - This is an outpatient service for substance abusers and their families who are in treatment or experiencing problems with their relationships, family, education, health, employment, or have legal issues related to their chemical use. Family counseling may be used to supplement other treatment or to continue work previously begun. Recovery Coaches in the Pathfinder Recovery Center are also available to meet individually with individuals or family members to help them gain access to recovery related resources in the community; usually working to overcome or remove barriers to recovery. This includes taking individuals to 12 -Step support meetings, to medical appointments, court appearances, homeless shelters, faith -based programs, or other area resources. • outpatient Services -Grow Level I and Level [I)-- This includes group therapy, case management and/or individual counseling. Patients meet for 7-10 hours per week. 9 1 P a 9 e • Residential Services -Social Detoxification - Many times an individual's needs cannot be met through outpatient services and there is a need for a 24-hour structured, therapeutic environment. Specially trained staff is available around the clock to help individuals through withdrawal and to assist them in seeking further services to address their broader chemical use issues. Residential Services -inpatient Treatment - Intermediate treatment is available for those individuals who have already gone through a period of detoxification and are medically stable, but for a variety of reasons need the structure of a residential program. The length of stay in Intermediate Treatment will normally vary between seven (7) and twenty-eight (28) days, based on individual need.. CKF offers such residential intermediate treatment services in a 30 -bed facility in Salina. Residential Services -Partial Day with Available Room and Board - Partial day patients are involved in Level II services as previously described and can choose to pay an additional fee to reside at the facility. • Medical Integration - CKF has experience working in acute and primary care medical settings to identify patients who might benefit from addiction treatment and to seamlessly connect willing patients to treatment resources. CKF has partnered with the Salina Regional Health Center for 10 years and with Stormont Vail Health in Topeka for the past 6 years. CKF is also a member of the Kansas Hospital Association. • Medication Assisted Treatment - CKF offers a Medication Assisted Treatment (MAT) clinic at the Salina location for both residential and outpatient clients. • Telehealth Services - CKF partners with outlying agenciesifacilities throughout the state to provide assessment and/or treatment for individuals who do not have those resources readily available in their community. • Employee Assistance Services — CKF offers EAP services to local businesses to assist with Drug Free Workplace compliance and assessment and counseling for employees. Education Programs Salina Weekend Intervention Program (SWIP -This program is a collaborative effort between CKF and the 280' Judicial District Court. SWI'P is available to area residents who are first time DUI offenders. This program is an intensive 48- 101Page hour residential service that provides information, guest speakers, victim panels, and group counseling services. Alcohol and Drug Information School ADIS - ADIS for adults and youth is an educational program targeted toward DUI offenders or persons who are identified as "at risk" of having some degree of involvement with substance abuse. In addition to information regarding drinking and driving; videos, lectures, and group discussion are used to provide the general information regarding the use and abuse of alcohol and other drugs. A Youth Education and Safe ES - YES is an educational program for adolescents at risk for substance use problems and their parents. ➢ Batterees Intervention Program - This is a program that holds the perpetrator of domestic violence accountable, promotes nonviolent behavior and promotes safety for victims. Prevention Services Chronic Disease Risk Reduction Grant - This coalition focuses on reducing the use of tobacco products and hanging community norms. B. How do individuals in need of service come to your attention? CKF receives referrals from numerous sources, including law enforcement, schools, clergy, family members, hospitals/medical facilities, other social service agencies, and 12 -Step and faith -based groups. A 24-hour telephone service in the Residential Unit is maintained to ensure immediate access. In addition, Pathfinder staff monitor the CKF website requests at www.ckfaddictiontreatment.or for information and help through "Help Now" and "We're Always Here". C. Please list and describe groups or individuals targeted by your anency. Are there saroups to whom who cannot or will not provide services? Are there grouPs that you focus on or have a s ecial in? CKF serves anyone, regardless of their ability to pay. There are no groups or individuals who are denied services. The primary population consists of those persons who are uninsured and earn less than 200% of the Federal Poverty Guidelines. Priority is given to first time treatment clients, women with children, and intravenous drug users. CKF specializes in treating persons throughout the stages of recovery. This includes people seeking help for the first time, patients in the late stages of addiction, and those who have experienced chronic relapse. 111Paae Additionally, CKF specializes in Screening, Brief Intervention, and Referral to Treatment (S.B.I.R.T.). In contrast to treatment of substance use disorder, this intervention for unhealthy alcohol and drug use involves brief interventions, or short-term, ane-on-one counseling sessions. Reducing the levels of drinking or changing patterns of harmful alcohol use helps reduce the negative outcomes of drinking, such as alcohol-related medical problems, injuries, domestic violence, motor vehicle crashes, arrests, or damage to a developing fetus. The brief interventions typically consist of one to four short counseling sessions and are ideally suited for patients who drink in ways that are harmful or abusive. Unlike traditional alcoholism treatment, brief interventions can be given in a matter of minutes, and generally require minimal follow-up. They can be an effective way to reduce drinking, especially among people who do not have severe drinking problems. D. What is your program capacity? How many individuals are currently on your waiting list? How do you handle the clientele on the waiting list? Program capacity currently includes 30 residential beds and the ability to carry an active caseload of 230 clients in outpatient services. Every effort is made to offer immediate, initial appointments for emergent needs, within 24 hours for patients with urgent needs, and within 2 weeks for patients with routine inquiries. The waiting list for services varies daily and is maintained according to state standards. Patients waiting for placement are offered immediate interim services through the Pathfinder Recovery Center, The clinical staff works closely with agencies statewide to secure immediate residential placement whenever possible. Emergency detoxification beds are given priority for local placements. E. Are the Section 888 funds -taEgeted differently than the balance of Your agency resources? That is, are the 888 funds to be used for special or unique portions of our overall Pro-gram? If so, what? Section 888 funds provide a broad base of support for essential Substance Use Disorder services including NRT replacement therapies, City-Go bus passes, expansion of CKF's medical clinic and telehealth services and the Pathfinder Recovery Center. The 888 funds are also targeted to help cover the costs of treating clients who otherwise could not afford to receive services and to help ensure that emergency detoxification services are available to residents of Salina and Saline County. All agency resources and services fulfill CKF's mission "to continuously challenge our systems of care, so that addiction is treated, in all its forms, as a chronic disease. 121 Page F. Do you anticipate any changes in the program as compared to the services summary listed in the appendix? if so what? There are no major changes; however, CKF will continue its expansion efforts related to the MAT clinic and telehealth services to meet the increased demand for services because of our collaboration with community partners. G, Describe the extent to which your agency coordinates service delivery with other service oroviders in the community? CKF plays a significant role in the coordination of ancillary services from multiple agencies. This coordination includes multidisciplinary team consults with medical, mental health, housing, employment, and law enforcement agencies to ensure full utilization of the continuum of care available in the Salina area. Due to the nature of addictive disease, a substance use treatment center is the ideal location for the coordination of many services. Family services to help build a support system for the treatment client is a significant focus of CKF staff activity. Some of the organizations CKF collaborated with in 2020 to provide assistance include; • Salina Regional Health Center-CKF staff provides direct services to hospital patients at their location. • 28th Judicial District Community Corrections-CKF staff provides direct services to their clients at their location. • Salina Rescue Mission • 12 -Step and faith based groups • Saline County Health Department • Saline County Jail -Before the pandemic, Pathfinder staff had begun providing group services to inmates with SLID issues. • Ashby House -Providing SUD services at their location • Central Kansas Mental Health • Salina Housing Authority • Men's & Women's Sober Living Homes -Serenity House, Oxford Houses, Phoenix House, and Journey Houses faith -based homes • DVACK- Before the pandemic, Pathfinder staff had begun providing group services to clients with SUD issues. OCCK • Salina Food Bank Circles of the Heartland Catholic Charities CAPS Kansas Legal Aid 131Page • St. Francis Children's Services • Salina Adult Education Center • Team Employment -Assist patients to find employment • Express Employment -Assist patients to find employment • YMCA -Residential patients (pre -pandemic) are taken to the YMCA 5. Please provide other narrative, as you feel appropriate to fully disclose the nature and operation of the proposed program. • In July of 2008, CKF received its first three-year accreditation from the Commission on Accreditation of Rehabilitation Facilities (CARF). CKF has been awarded additional three-year accreditations in 2011, 2414, and 2017, and 2020. (Attachment E) For 54 years, CKF has focused its mission on serving the indigent alcoholics, drug addicts, and their families. These patients require a wide array of services including employment preparation, medical and dental care, housing, and childcare. Over the years, CKF has been able to provide a very high quality of care for the indigent by aggressively seeking additional funding from private insurance reimbursement, grants, employment assistance contracts, and other forms of reimbursement. The importance of the Section 888 funds to CKF and the patients we serve continues to be essential. As the demand for services rise, and the costs of providing those services continues to increase, there is a disparity between the reimbursement rates and cost of service, so the funding from Section 888 has become a source of support for necessary services. CKF deeply appreciates the support from the City of Salina in the past and our hope is that the residents of Salina and Saline County see the direct impact of Section 888 funds in our community on a daily basis. 141 Page Required Attachments; 1. Annual budget for the program in the required format. New programs need only submit a budget for the 2021-2022 grant period. Existing programs must also provide an updated report for the prior year (2020). Required form attached. — Attachment A 2. Services Summary. Required form attached. — Attachment B 3. Copy of Bylaws, Articles of Incorporation, or other similar document establishing the purpose for your organization. On File 4. A copy of your current licensure for services from SRS, if applicable. — Attachment C S. A copy of the fee schedule used by your agency. — Attachment D 6. Other attachments you might wish to include. Please list: CARE Accreditation — Attachment E 161Page Attachment A: CKF Budgetary Information Agency: CKF Addiction Treatment, Inc. item Description (2020) Actual Unaudited 2021 2022 Request Request Revenues: Private Insurance 331,699.37 361,552.31 394,092.03 Private Fee for Service: Client 1,507,405.82 1,643,072.34 1,790,948.85 SATR Funding 1,004,056.63 1,094,421.73 1,192,919.68 Medicaid Funding 823,104.44 847,797.57 873,231.50 Donations and Contributions 14,627.28 15,943.74 17,378.67 Section 888 (Special Alcohol)Salina 120,907.23 200,000 200,000 Section 888 (Special Alcohol) Saline 4,440 7,000 7,000 99123 682,679.98 744,121.18 811,092,08 Medical Contract 585,651 638,359.59 695,811.95 GrantRevenuefAdmin Fee 1,776,539.99 1,936,428.59 2,110,707.16 Miscellaneous 40,639.26 44,296.79 48,283.50 Total Revenues 6,891,751.00 7,532,993.84 8,141,465.44 Expenses: Salaries 2,408,552.14 2,639,185.85 2,876,712.58 Benefits and Employer Taxes 517,548,34 574,478.66 626,181.74 Supplies 154,346.88 168,238.10 183,379.53 Consultants 513,472.19 559,684.69 610,056.31 Rent 154,491.60 168,395.84 183,551.47 Utilities 114,893.81 125,234.25 136,505.34 Travel and Transportation 14,562.69 15,873.33 17,301.93 Grant Expenses 1,912,088.72 2,064,176.70 2,271,752.61 Other: (Please specify) Bad Debtllns AAPS write off 775,127.22 841,658,94 847,910.39 Media/Resourcesllnterest 136,173.53 148,429.15 161,787.77 Depreciation 81,141.48 88,444.21 961404.19 Miscellaneousllnsurance 109,352.40 119,194.12 129,921.58 Total Expenses 6,891,751.00 7,532,993.84 8,141,465.44 Services Summary — Attachment B For Twelve months ending: 12/31/2020 Program/Service Total Agency (Program) 888 Beneficiaries (Based on 53% of total patients seen in the Salina office) Total # # Unique Estimated # Estimated # Admissions by Admissions by Admissions by Unique Admits Program Program Program by Program Individual: 1,570 1,338 832 709 Assessments/Evaluations/Inquiries Group: Outpatient Counseling 1,081 781 573 414 Level Group: Outpatient Counseling 747 507 396 269 Level it (includes CKF-Ashby) Pathfinder - Group / Individual Recovery Coach 946 850 501 450 Sessions Residential Unit -Social Detox 341 290 181 154 Residential Unit -Inpatient 427 359 226 190 Alcohol and Drug Prevention & 256 173 136 92 Education/Specialty Groups ADIS 246 233 130 123 Medication Assisted Treatment 223 157 118 83 (MAT) Clinic Other Services (Specify): Nicotine Replacement Therapy 723 383 383 (estimates of numbers based on 723 SAMHSA tobacco user studies) Salina City Go Sus Passes (actual # 1,800 1,800 1,800 1,800 assesprovided) Total Unduplicated Persons 2,082* 1,103 Served for each but patients may be *The counts are for the number of admissions program, admitted to multiple programs during the year. The overall number of unique patients seen (regardless of the number of programs they participated in) was 2,082 patients. Fifty-three percent of those patients seen were from Saline County. ATTACHMENT C CURRENT STATE LICENSURE ATTACHMENT D FEE SCHEDULE Modality Mod.. Tel. Mod. Dd- (dam) Raertegration GT IOP -Levi{ 2 U5 GT (ywlh - HA madder) 198.00 1 unit per day hid MdwFOutpatientlF;wmey GT can only b01 "4001 or 110006 132.00 t unit per day Group Outpallenvoont Can U5 GT Can bili HW44 d H0006 4 units per hr on same day -Leval 1 8.50 per unh ASI (AdMb=) GT Support Senrlcas GT person Centered HV G7 must haw HV mod. U5 42.00 par unit KCFC GT Evaluation GT Pow Support Ind. HF Peer Support Grp. HO HF Crisis 111tomentlon- IND 1 unit per Oval Service and Fee Schedule for Funded Provider Medicaid Rates hone usa'55' for POS Inpt 196.00 use -W for POS Inpt 126 -OD use "5S lot POS Inpl 13200 22.00 per unh 4 unfit per hr 6.50 peruna 4 unlit per hr 66.00 2hrgroup 102.00 3 to group none use black grant a Medicaid Case Management 12.50 perunt 4 units per hr, no modgW 130.00 we can bill for all evsis 130.00 except DUI9 AM evals. 14.00 per unit 8.0D 4 urtfts per hr 32,60 per 15 minute I 40.OD 40.00 404 max ' For S8123 chants that aro M X)P, d they have an Individual session on a day they don't have IOP, we can charge tot me UWAO ill Session at the COP rate. If an Individual session is herd on an IOP day, we Cannot Marge for the Individual session, Diagnosis Codes: VO Rut" HOO14 175.00 1 unit per day Hwta 198.00 1 unit per day HDO19 126.00 HOD15 132.00 t unit per day H0004 22.00 per unit D 4 units per hr H0005 8.50 per unh F15.20 4 units per hr F 66-00 2hr grwp(6urths) 305.70 Amp Abuse 102.00 3hrgroup(12un8S; A0160 42.00 par unit H 4 units per hr H0006 13.25 peruna AM 4 unds per hr H0001 130.00 1 urn per 041 304,80 Polys Dap 1 unit per Oval HDD38 15.40 per unit HD038. 7.70 4 units per hr H0007 32.50 Medicaid Rates hone usa'55' for POS Inpt 196.00 use -W for POS Inpt 126 -OD use "5S lot POS Inpl 13200 22.00 per unh 4 unfit per hr 6.50 peruna 4 unlit per hr 66.00 2hrgroup 102.00 3 to group none use black grant a Medicaid Case Management 12.50 perunt 4 units per hr, no modgW 130.00 we can bill for all evsis 130.00 except DUI9 AM evals. 14.00 per unit 8.0D 4 urtfts per hr 32,60 per 15 minute I 40.OD 40.00 404 max ' For S8123 chants that aro M X)P, d they have an Individual session on a day they don't have IOP, we can charge tot me UWAO ill Session at the COP rate. If an Individual session is herd on an IOP day, we Cannot Marge for the Individual session, Diagnosis Codes: DSMIO DSM5 A F10.20 303.40 Alcohol Dep B F10.10 305.00 Alcohol Abuse C F12.20 304.30 Can Dep D F12.10 305.20 Can Abuse E F15.20 304.40 Amp Dep F F15.10 305.70 Amp Abuse C F14.20 304.20 Cocaine Dep H F14.10 305.60 Cocaine Abuse 1 AM 303.00 Alc Intox J F19.20 304,80 Polys Dap K F16.10 305,30 ISD Abuse L, F11.20 304.00 Heroin 125 F11.10 305,50 Oplold Abuse Sala Rates setf(Pay Rates 150.00 MOO 160.00 198.00 Risk 34.00 par hr 120.00 par session 13ZOO 60.00 'per hr 86.00 per hr 26.00 par In 34.00 per hr 26.00 CC -Ow (fiene 23100 1 and per gust 115.04 $0.00 34.00 per hr - 34A0 per hr we 116.00 176.00 150.00 We RFs AM nra We rue nia risk 8887 Code Houra VO enp Q0 P1 Reaporrslbility H0005 1 534.00 $340 50.00 2 566.00 $68.00 SAO 3 $102.00 $SD2.00 $0.00 M15 1 %4,50 594.50 $0.00 "0016 (men) $101.00 $101.00 $0.00 (women) $125.00 $125.00 $D.00 H0004 1 $66.00 S88.00 $O.00 H0014 i $MOD SKOD $0.00 'Cannot blit for ASL or KCPC "There Is no percentage limit for SU71DOC ATTACHMENT E CARF ACCREDITATION J Z a F— Z ci W F— Z nI aW+ eaaleSftftN)0tnt Rood twc. AZ 86160"7. URA www.carf.org September 2, 2020 Kim A. Spencer, LAC CKF Addiction Treatment, Inc. 617 East Elm Street Salina, KS 67401 Dear Mrs. Spencer: it is my pleasure to inform you that CKI+ Addiction Treatment, inc. has been issued CARP accreditation based on its recent survey. The Three -Year Accreditation applies to the following program(s)/service(s): Assessment and Referral: Alcohol and Other Drugs/Addictions (Adults) Assessment and Referral: Alcohol and Other Drugs/Addictions (Children and Adolescents) DetoxificationNVithdrawal Management - Residential: Alcohol and Other Drugs/Addictions (Adults) Intensive Outpatient Treatment Alcohol and Other Drugs/Addictions (Adults) Outpatient Treatment: Alcohol and Other Drugs/Addictions (Adults) Residential Treatment: Alcohol and Other Drugs/Addictions (Adults) This accreditation will extend through June 30, 2023. This achievement is an indication of your organization's dedication and commitment to improving the quality of the lives of the persons served. Services, personnel, and documentation clearly indicate an established pattern of conformance to standards. The accreditation report is intended to support a continuation of the quality improvement of your organization's program(s)/service(s). It contains comments on your organization's strengths as well as any consultation and recommendations. A Quality Improvement Plan (QIP) demonstrating your organization's efforts to implement the survey recommendabon(s) must be submitted within the next 90 days to retain accreditation. The QIP form is posted on Customer Connect (customerconnect.carf.org), CARF's secure, dedicated website for accredited organizations and organizations seeking accreditation. Please log on to Customer Connect and follow the guidelines contained in the QIP form. Your organization should take pride in achieving this high level of accreditation.. CARF will recognize this accomplishment in its listing of organizations with accreditation and encourages your organization to make its accreditation known throughout the community. Communication of the accreditation to your referral and funding sources, the media, and local and federal government officials can promote and distinguish your organization. Enclosed are some materials that will help you publicize this achievement. Your organization's complimentary accreditation certificate will be sent separately. You may use the enclosed form to order additional certificates. If you have any questions regarding your organization's accreditation or the QIP, you are encouraged to seek support from Nancy Bradley by email at nbradley@carf.org or telephone at (888) 261-6531, extension 7145. Mrs. Spencer 2 September 2, 2020 CARF encourages your organization to continue fully and productively using the CARF standards as part of its ongoing commitment to accreditation. CARF commends your organization's commitment and consistent efforts to improve the quality of its programs)/service(s) and looks forward to working with your organization in its ongoing pursuit of excellence. Sincerely, Brian J. Boon, Ph.D. President/CEO Enclosures Community Coffections 309 S. Broadway Salina, KS 67401 Phone (785) 826-6590, Fax (785) 826-6595 January 26, 2021 Salina City Commissioners City of Salina, Kansas 2021-2022 Section 888 Special Alcohol Funding Salina City Commissioners: 280' Judicial District Community Corrections Agency serving Saline and Ottawa Counties and the cities of Salina and Minneapolis, appreciates the opportunity to make this agency fist application request to the City of Salina Section 888 Special Alcohol Funding. The narrative within the application clearly defines Community Corrections mission and purpose; outlining the critical need for these funds to address the ever growing population of clients experiencing chronic substance addiction and reducing funds to support services and care. My naive is Annie Grevas, Director of the 28`t' Judicial District Community Corrections. I have been the director of this agency since 1993; monitoring the ever changing criminal justice system locally and across the Nation. The agency phone number is 785-826-6590. I appreciate the opportunity to apply for these funds and appreciate the consideration. Thank you, Annie Grevas Director 28"' Judicial District Community Corrections City of Salina 2021 — 2022 Section 888 Special Alcohol Funding Application Amount of f=unding Requested: $45,300.00 total for the two year period. Narrative Questions: 1. Please describe your organtzation's (prograrn's) principal purposes, and explain how the stated purpose relates to the objectives set forth by the Spada] Alcohol statute? Now long has your organization been In active operation within the City of Salina? The 28" Judicial District Community Corrections was established by the Kansas Legislature to divert clients involved with the justice system, away from Kansas State Prisons; instead assigning these clients to the Judicial District, that being the 28'r' for Saline and Ottawa. Counties and the cities of Salina and Minneapolis. The 281h Judicial District Community Corrections was established in 1986. Per Kansas State statute the Legislators originally assigned this agency to the Counties responsibilities across the State of Kansas. At that time there was no expectation of funding from the individual counties to the Community Corrections agencies; instead, it was upon the agency to fully fund all, department expenditures with grant dollars. Currently the 281h Judicial District Community Corrections remains with Saline County as the host county in which Saline County staff provide HR services, are responsible for approval of all grant and budget applications, and all Community Corrections staff are Saline County employees. In 2013 the Saline County Commissioners approved to partially fund the Saline County Drug Court by providing dollars to support 1.5 FTE `s and fully support the costs of a conflict attorney within the court. In December 2018, the Saline County Commissioners once again approved funds to support portions of the UA collections for all clients assigned to the Drug Court by the District Court Judges. Today the remaining dollars supporting Drug Court are a result of additional grant dollars; federal and state resources and local foundation. In December 2019 the 281 Judicial District Community Corrections agency began an innovative, evidence based, Pre -Trial Supervision program; designed to reduce high bonds for low risk clients, decrease the failure to appear to court mandates, and keep clients out of jail. At that time the Saline County Commissioners approved dollars to support two FTE's and partial funds to support client needs. Today the remaining dollars supporting the Fre-Trial Program are state grant dollars and local foundations. Community Corrections is fully supported by federal, state, county, and foundation grants, with the exceptions outlined above. Facility costs, all remaining staff salary and benefits, training, client services/needs, ordered by the District Court and State, and more are funded within the grant applications completed by Community Corrections Administrative Staff. In 1987 this agency supported 5 FTE's and a client population of 11Page approximately 60. At the beginning of 2021, this agency supports 24 FTE's and 4 on-call positions for Juvenile Intake and Assessment and a growing population of clients, 540+. Over 95% of all clients, adult and juvenile, reside in the city limits of Salina, Kansas. The primary purpose of this agency is to reduce client recidivism and increase community safety by providing evidenced based supervision, surveillance, cognitive behavior based programing/practices; related to impacting substance abuse/addiction, mental health illness, and all crisis interventions related to highly addictive and severely mentally ill clients. Community Conwdons provides in-house interventions, cognitive behavior based programming and education; providing fiends to pay local providers for services such as detox services, inpatient treatment services, outpatient treatment, medication related to substance addiction recovery, and more. The purpose directly relates to the Special Alcohol statute in that Community Corrections affords clients the opportunity to address severe substance addiction issues while on supervision; purchasing intervention and treatment services directly impacting substance abuse addiction, behavior, and improving wellness. Supporting substance adduction services for all clients on Community Corrections is the largest annual client expenditure for this agency. 2. Explain how Section 888 resources will be used within your agency's overall program? Why are the Section 888 funds essential to your program? How does the proposed use of funds address the purposes of the Section 888 statutory authoftation? As previously stated, this agency supports over 500 clients as directed by the Judges of the V' Judicial District Court. The client population served is largely one that has been in the judicial system previously, experienced crisis and trauma as a young person and into adulthood, grew up in environments of substance addiction and mental illness, single parent or no biological parent present, and began utilizing substances at an early age. Research speaks to the large offender population, committing crimes to satisfy a substance addiction. The usage of illegal substances, non -prescribed medication, primarily opioids, and alcohol are outlined within the research as primary behaviors of the largest numbers of clients committing law violations. Lock down facilities lack spare, resources, fimding, and trained providers to address this growing population; emphasizing the increased success when instead these critical addiction issues are addressed within the intensive supervision and resources of Community Corrections. Over 95% of clients sent to jail and prison will at some time be released; most without any services addressing their substance addiction. Funds within this Section 888 allocation will be utilized specifically to address an increasing population of substance addicted clients, committing various crimes and being referred to the Community Corrections Drug Court Program/Supervision and Community Corrections Pre -Trial Progmm/Supervision. There are never enough resources to address this population. If a person lacks private insurance, does not meet State guidelines for direct dollars, or is part of the system in which clients and needs increase while resource funds decrease, success reduces significantly. More times than not, the client will have a better opportunity of success with Community Corrections than other options. The 21Page mission of Community Corrections, specifically this agency, is to do all that is available to reach recovery, stability, and family wellness, without jeopardizing public safety. Section 888 resources will allow an increased number of clients, suffering from chronic substance addiction and mental health crises, receive multiple services, outlined in the Narrative section of this application to include detox, inpatient treatment, outpatient treatment, sober living environments, and the necessary assessment and medication while remaining out of a locked down facility, maintaining employment and caring for their families; enhancing wellness within the community. Studies show the costs to provide a client with daily essentials and any type of treatment services, if available, in a locked down facility, is more costly then community supervision. Further, families are tom apart for long periods of time increasing the financial strain on them and taxpayer's dollars; often resulting in a cycle of behavior within that f nnily. Utilisation of Section 888 dollars for all purposes described within this application fail in line with the statutory requirement. 3. Please list and describe tate relationship that your agency (program) has with other community agencies or organizations. Please include State and Local Government Agencies, as well as private groups, profit or non-profit. Address assistance givenfneceived. Partnerships within this community are essential to client success and many of the clients are shared among all the collaborative agencies. Community Corrections collaborates with all previously City of Salina Section 888 funded agencies, that being St. Francis, Central Kansas Foundation, and Ashby House, in addition to many more such as Catholic Charities, The Mission, Adult Learning Center, Food Bank, Central Kansas Mental Health, CAPS, and sober living environments, to name a few. Many times, the above agencies' share resources, appropriate grant opportunities are applied and received in collaboration, contract UA collections/testing, office space provided; in an attempt to meet all client needs. Community Corrections fonds a majority of substance abuse/addiction services for supervision clients, Drug Court and Pre -Trial Programs, referred to local agencies. The large client population does not afford enough program/bed slots to support all needs increasing the waiting lists for these highly addictive clients to obtain much needed detox and inpatient treatment. Should delays occur and stability is critical the client can be referred to another city/county; the City of Salina 888 Special Alcohol Funding dollars, if awarded, will not be utilized for those clients, allowing grant dollars to remain in the area impacted. Funding partnerships exist as outlined previously within this application. The majority of these partnerships are grant required and funding year to year varies, eliminating planning and projecting more than a couple years in advance. 3 -Page Kansas Department of Correetions- Adult and Juvenile Services. Two grants afforded to this agency to apply annually addressing the Adult and Juvenile departments/programming within Community Corrections Federal Justice Assistance Grant Annual grant afforded to Community Corrections to apply for assistance directly related to removing barriers that keep clients within the justice system„ such as Substance Addiction. These funds have been awarded to this agency for several years and support one FTE for the Drug Court program. Saline County Special 888 Alcohol Fends- Annual grant afforded to Community Corrections for assistance directly related to substance addiction services. Dollars are limited within this opportunity, yet every dollar impacts client success and wellness Saline County Commission- Saline County, as outlined within the Narrative, started allocating funds to Community Corrections in 2013 and then again in 2019 to partially fund the development, staffing, and client services for Drug Court and Pre -Trial Programming Salina Community Foundation- Community Corrections applies for various grant opportunities for client services such as health and wellness needs, bikes for clients to improve mobility and avoid failure to report. KDOC Adult Services Behavioral Health Grant- Annual funding opportunity grant designed to address the client's chronic substance addiction and mental illness. The Behavioral Health grant is a collaboration with Community Corrections acid Central Kansas Foundation. Funding supports shared position, peer mentoring, cognitive behavior program facilitator, and high riskthigh need supervision officer; impacting directly clients and families dealing with those chronic additions and crisis interventions. As with many government grant opportunities the dollars vary year to year and unfortunately tend to reduce. KDOC Juvenile Services Evidence Based Grant and Prevention Grant- Annual funding opportunity grants designed to address youth and family dynamics that impede successful outcomes such as completion of court ordered supervision, family addiction and mental health issues, trauma and crisis incidents within the family, English as a Second Language barriers in all areas of supervision, services and court. This grant is a shared opportunity with CAP'S and funds staff in both agencies, services, training, and more. 4. Describe your agencies program(s), including at least the following: A. Please refer to the previously outlined last and descriptions of Community Corrections provided services. This funding opportunity will apply only to those clients assigned, from the 28th Judicial District Court Judges, Drug Court and Pre -Trial proms$. 4-I P a g e------ -. _ __ B. Persons are referred to Community Corrections through the District Court system, other supervision programming within this district such as Court Services, previously served clients as a walls in if applicable. C. This agency does not specify a target population for Community Corrections programming/services and will serve all clients referred from the 28th Judicial District Court. Typically, the clients referred have been in the Criminal Justice System prior to the referral and have underlying substance addition, mental health illness; resulting in multiple crisis incidents for individuals and families. Homelessness, poverty, systemic criminal activity, and more. D. No determination by the Court, Funding Partners, or this agency, on program capacity. Staff will support all clients assigned to the Community Corrections Program. No waiting list exists. E. The Special 888 funds will be targeted directly to the previously outlined programs, Drug Court and Pre Trial in the support areas of substance addiction, crisis intervention, and stability; following the research to increase the likelihood of success and reduce recidivism. F. No changes anticipated with the exception of increased numbers of clients served and increased amounts of services being offered and provided. G. The Community Corrections agency does not coordinate service delivery beyond the Criminal Justice System, specifically the District Count. The impact of service delivery is with the clients, through research based programming and supervision, dollars such as the Special 888 funding, and the continued development of innovative practices/programming designed to increase success and wellness for the client population, families, and community at large. 5. Please provide other narrative, as you feel appropriate to fully disdose the nature and operation of the proposed program. Not applicable 51page Required Attachments., 1. Annual budget for the program in the requlred format. New programs need only submit a. budget for the 2021-2022 grant period. Existing programs must also provide an updated report for the prior year (2020). Required form attached. 2. Services Summary. Required form attached, 3. Copy of Bylaws, Articles of Incorporation, or other similar document establishing the purpose for your organization. organbwMons that have received previous funding need not submit duplicate copies. Simply indicate that they are already "on file. 4. A copy of your current licensure for services from SRS, if applicable. NA 5. A copy of the fee schedule used by your agency. NA 6. Cather attachments you might wish to include. Please list: NA •slPag�.. - -- Program Budgetary information Agency: 28th Judicial District Community Corrections Item Description (2020) Actual 2021 Request 2022 Request Revenues: Section 888 (Special Alcohol) Funds — Saline $4,807.00 $4,844.73 $4,844.73 Section 888 (Special Alcohol) Funds -Salina $0 $22,650.00 $22,650.00 Other Sources (Specify) $0 $0 $0 Saline County $341,656.03 $353,455.01 $353,455.01 KDOC Grant Funds $1,916,136.75 $2,129,447.21 $2,129,447.21 Federal Justice Assistance Grant $75,404.00 $91,461.00 $91,461.00 Reimbursements/Contractual Fees $67,982.16 Coronavirus Relief Funding $65,852.30 $0 $0 Total Revenues $2,471,838.24 $2,601,957.95 $2,601,957.95 Expenses: Salaries $1,347,895.70 $1,477,272.00 $1,477,272.00 13enefrts and Employer Taxes $465,759.29 $550,330.09 $550,330.09 Travel $14,099.33 $8,350.00 $8,350.00 Training $18,247.87 $8,810.00 $8,810.00 Communion $10,811.14 $10,740.00 $10,740.00 Equipment $98,971.85 $3,855.00 $3,855.00 Supplies $18,443.83 $23,275.00 $23,275.00 Facility $162,549.35 $144,508.00 $144,508.00 Contractual Services $113,206.46 $217,327.98 $217,327.98 Client Services $221,853.42 $157,489,88 $157,489.88 Total Expenses $2,471,838.24 $2,601,957.95 $2,601,957.95 7�Page Services Summary For Twelve months ending: 12/31/2020 Program/Service Total Agency Section 888 Pro earn Beneficiaries # #/ # People # Sessions People Sessions Inquiries Evaluations Individual Counseling Group Counseling Family Counseling Aftercare Inpafierd Carse (Detox) Alcohol and Drug Prevention and Education (Excluding ADIS) ADIS Dollars Contributed to third parties Referrals to other Agencies 245 Other Services (Specify): Total Unduplicated Persons Served p 103 � � Please complete the table to the best of your ability, matching the categories listed to services provided by your agency. A note on how to count: If one individual attends three indlvidual counseling sessions, it counts as 1 person and 3 sessions_ If one individual receives an Individual Counseling session, participates twice in a group, and then receives a referral to another agency, you would count one individual in each service category. There would be two group sessions. However, total persons served would be 1 - Likewise, if an Individual were to go through your program once, and then be re -admitted, they would still count as 1 individual served In total, although they may have been counted many times. s�Page Other attachments: To be provided by Applicant. Kansas Statutes Annotated Communily Corrections 75-5290 et seq. 76-5290. Short title. This act shall be known and maybe cited as the "community corrections act." History: L 1978, ch. 364, § 1; April 20. 75.6291, community correctional services; grants to counties; placement of offenders, limitations; community corrections advisory committee, membership and duties. [See Revisoes Note] (a) (1) The secretary of corrections may make grants to counties for the development, Implementation, operation and Improvement of community correctional services that address the criminogentc needs of felony offenders Including, but not limited to, adult Intensive supervision, substance abuse and mental health services, employment and residential services, and facilities for the detention or confinement, care or treatment of offenders as provided in this section except that no community corrections funds shall be expended by the secretary for the purpose of establishing or operating a conservation camp as provided by K.SA 75- 52,127, and amendments thereto. (2) Except as otherwise provided, placement of offenders in community correctional services programs by the court. shall be limited to placement of adult offenders, convicted of a felony offense: (A) Whose offense is classified In grid blocks 5-1-1, 5-1 or 6-G of the sentencing guidelines grid for nondrug crimes or In grid blocks 3-E, 3-F, 3-G, 3-H or 3-1 of the sentencing guidelines grid for drug crimes. In addition, the court may place In a community correctional services program adult offenders, convicted of a felony offense, whose offense is classified in grid blocks 6-H, 64, T -C, 7-D, 7-E, 7-F, 7-G, 7-H or 74 of the sentencing guidelines grid for nondrug crimes; (B) whose severity level and criminal history score designate a presumptive prison sentence on either sentencing guidelines grid but receive a nonprison sentence as a result of departure; (C) all offenders convicted of an offense which satisfies the definition of offender pursuant to KS -A. 22-4902, and amendments thereto, and which Is classified as a severity level 7 or higher offense and who receive a nonprison sentence, regardless of the manner In which the sentence Is imposed; (D) any offender for whom a violation of conditions of release or assignment or a nonprison sanction has been established as provided In K.S.A. 22-3716, and amendments thereto, prior to revocation resulting in the offender being required to serve any time for the sentence imposed or which might originally have been Imposed In a state facility in the custody of the secretary of corrections; (E) on and after January 1, 2011, for offenders who are expected to be subject to supervision In Kansas, who are determined to be "high risk or needs, or both' by the use of a statewide, mandatory, standardized risk assessment tool or Instrument which shall be specified by the Kansas sentencing commission; (F) placed in community correctional services programs as a condition of supervision following the successful completion of a conservation camp program; or (G) who has been sentenced to community corrections supervision pursuant to K.S.A. 214729, prior to its repeal, or K.SA 2811 Supp. 21.6821, and amendments thereto. (3) Notwithstanding any law to the contrary and subject to the availability of funding therefor, adult offenders sentenced to community supervision in Johnson county for felony crimes that occurred on or after July 1, 2802, but before July 1, 2013, shall be placed under court services or community corrections supervision based upon court rules issued by the chief judge. of the 10th judicial district, The provisions contained in this subsection shall not apply to offenders bransferred by the assigned agency to an agency located outside of Johnson county. The provisions of this paragraph shall expire on July 1, 2013. E (4) Nothing In this act shall prohibit a community correctional services program from providing services to juvenile offenders upon approval by the local community corrections advisory board. Grants from community corrections funds administered by the secretary cf corrections shall not be expended for such services. (5) The court may require an offender for whom a violation of conditions of release or assignment or a nonprison sanction has been established, as provided in KSA. 22-3716, and amendments thereto, to serve any time for the sentence imposed or which might originally have been Imposed In a stats facility to the custody of the secretary of corrections without a prior assignment to a community correctional services program If the court finds and sets forth with particularity the reasons for finding that the safety of the members of the public will be jeopardized or that the welfare of the Inmate will not be served by such assignment to a community correctional services program. (b) (1) In order to establish a mechanism for community correctional services to participate In the department of corrections annual budget planning process, the secretary of corrections shall establish a community corrections advisory committee to Identify new or enhanced correctional or treatment interventions designed to divert offenders from prison. (2) The secretary shall appoint one member from the southeast community corrections region, one member from the northeast community corrections region, one member from the central community corrections region and one member from the western community corrections region. The deputy secretary of community and held services shall designate two members from the state at large. The sametary shall have final appointment approval of the members designated by the deputy secretary. The committee shall reflect the diversity of community correctional services with respect to geographical location and average daily population of offenders under supervision. (s) Each member shall be appointed for a term of three years and such terms shall be staggered as determined by the secretary. Members shall be eligible for reappointment. (4) The committee, in collaboration with the deputy secretary of community and field services or the deputy secretary's designee, shall routinely examine and report to the secretary on the following issues: (A) Effidencles in the delivery of field supervision services; (a) effectiveness and enhancement cf existing Interventions; (C) identification of new Interventions; and (D) statewide performance Indicators. (5) The commlttaWs report concerning enhanced or new interventions shall address: (A) Goals and measurable objectives; (B) projected costs; (C) the impact on public safety; and (0) the evaluation process. (6) The committee shall submit its report to the secretary annually on or before July 15 in order for the enhanced or new Interventions to be considered for Inclusion within the department of corrections budget request for community correctional services or in the department's enhanced services budget request for the subsequent fiscal year. History: L.1978, ch. 364, § 2; L. 1980, ch. 288; § 1; L. 1982, ch. 182, § 144; L. 1989, ch. 92, § 31; L.1997, ch. 179, § 6; L. 1998, ch.153, § 1; L. 2000, ch.182, § 11; L. 2002, ch.177, § 2; L. 2003. ch.135, § 8; L. 2004, ch. 160, § 1; L. 2005, ch.172, § 2; L. 2008, ch.116, § 2; L. 2009, ch. 132. § 15; L. 2011, ch. 100, § 14; July 1. K 75-5291b. Community correctional services; grants to countles; placement of offenders, limitations; community corrections advisory committee, membership and duties. [See Revisoes Note] (a) (1) The secretary of corrections may make grants to counties for the development, implementation, operation and improvement of community correctional services that address the odminogenic needs of felony offenders Including, but not limited to, adult intensive supervision, substance abuse and mental health services, employment and residential services, and facilities for the detention or confinement, care or treatment of offenders as provided In this section except that no community corrections funds shall be expended by the secretary for the purpose of establishing or operating a conservation camp as provided by K.SA. 75- 52,127 and amendments thereto. (2) Except as otherwise provided, placement of offenders in community correctional services programs by the court shall be limited to placement of adult offenders, convicted of a felony offense: (A) Whose offense Is classified In grid blocks 5-H, 5-1 or 6-G of the sentencing guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H or 3-1 of the sentencing guidelines grid for drug crimes. In addition, the court may plana In a community correctional services program adult offenders, convicted of a felony offense, whose offense is classified In grid blocks 6-H, 6-1, 7-C, 7-13, 7-E, 7-F, 7-G, 7-H or 7-1 of the sentencing guidelines grid for nondrug crimes; (B) whose severity lowland criminal history score designate a presumptive prison sentence on either sentencing guidelines grid but receive a nonprtson sentence as a result of departure; (C) all offenders convicted of an offense which satisfies the definition of offender pursuant to K.SA. 224802, and amendments thereto, and which is classified as a severity level 7 or higher offense and who receive a nonprison sentence, regardless of the manner in which the sentence Is Imposed; (p) any offender for whom a violation of conditions of release or assignment or a nonprison sanction has been established as provided In K.SA 22-3716, and amendments thereto. prior to revocation resulting in the offender being required to serve any time for the sentence Imposed or which might originally have been Imposed In a state facility In the custody of the secretary of corrections; (E) on and after January 1, 2011, for offenders who are expected to be subject to supervision In Kansas, who are determined to be "high risk or needs, or both" by the use of a statewide, mandatory, standardized risk assessment tool or instrument which shall be specified by the Kansas sentencing commission; (F) placed in community correctional tional services programs as a condition of supervision foaowing the successful completion of a conservation camp program; (G) who has been sentenced to community corrections supervision pursuant to K.S.A. 21-4729, prior to Its repeal, or K.SA 2011 Supp. 21-6824, and amendments thereto; or (H) who has been placed in community correctional services programs for supervision by the court pursuant to K.SA. 8- 1567, and amendments thereto. (3) Notwithstanding any law to the contrary and subject to the availability of funding therefor, adult offenders sentenced to community supervision In Johnson county for felony crimes that occurred on or after July 1, 2002, but before January 1, 2011, shag be placed under court services or community corrections supervision based upon court rules Issued by the chief Judge of the i 0th Judicial district. The provisions contained In this subsection shell not apply to offenders transferred by the assigned agency to an agency located outside of Johnson county. The provisions of this paragraph shall expire on January 1, 2011. (4) Nothing in this act shall prohibit a community correctional services program from prc viding services to juvenile offenders upon approval by the local community corrections advisory board. Grants from community corrections funds administered by the secretary of cotredlans shall not be expended for such services. 4 (6) The court may require an offender for whom a violation of conditions of release or assignment ora nonprison sanction has been established, as provided In K.SA. 22-3716, and amendments thereto, to serve any time for the sentence Imposed or which might originally have been imposed In a state facility In the custody of the secretary of corrections without a prior assignment to a community correctional services program if the court finds and sets forth with particularity the reasons for finding that the safety of the members of the public will be jeopardized or that the welfare of the Inmate will not be served by such assignment to a community correctional services program. (b) (1) In order to estabgsh a mechanism for community correctional services to participate in the department of corrections annual budget planning process, the secretary of corrections shag establish a community moons advisory committee to identify new or enhanced corredlonal or treatment Interventions designed to divert offenders from prison. (2) The secretary shag appoint one member from the southeast community oommlions region, one member from the northeast community corrections region, one member from the central community corrections region and one member from the westem community corrections region. The deputy secretary of community and field services shall designate two members from the state at large. The secretary shall have final appointment approval of the members designated by the deputy secretary. The committee shall reflect the diversity of community correctional services with respect to geographical location and average daily population of offenders under supervision. (3) Each member shag be appointed for a term of three years and such terms shall be staggered as determined by the secretary. Members shag be eligible for,reappointment. (4) The committee, In collaboration with the deputy secretary of oDmmun ty and field services or the deputy secretarys designee, shall routinely examine and report to the secretary on the following issues: (A) Efficiencies In the delivery of field supervision services; (B) effectiveness and enhancement of existing Interventions; (C) Identification of new interventions; and (D) statewide performance Indicators. (5) The committee`s report concerning enhanced or new interventions shall address: (A) Goals and measurable objectives; (B) projected costs; (C) the Impact on public safety; and (D) the evaluation process. (6) The committee shall submit Its report to the secretary annually on or before July 15 in order for the enhanced or new interventions to be considered for inclusion within the department of corrections budget request far community correctional services or in the departmeffs enhanced services budget request for the subsequent fiscal year. History: L. 1978, ch. 364, § 2; L 1980, ch. 268, § 1; L.1882, ch.182, § 144; L.1988, ch. 92, § 31; L 1997, ch.179, § 6; L 1898, ch. 153, § 1; L 2000, ch. 182, § 11; L. 2002, ch. 177, § 2; L 2003, ch. 135, § 8; L. 2004, ch. 160, § 1; L. 2006, ch. 172, § 2; L. 2008, ch.116, § 2; L. 2009, ch. 132, § 15; L. 2011, ch. 105, § 33; July 1. 75-5292. Some; qualifications; powers of county commissioners preserved; cooperative agreements. (a) Subject to the other provisions of the community corrections act, each county may qualify to receive grants under such act by complying with the provisions of K.S.A. 76-52,110, and amendments thereto. (b) Subject to the requirements of oenbalized administration and control of correctional services under KSA 7"2,110, and amendments thereto, and the provisions of agreements between cooperating counties under subsection (c), the respective boards of county commissioners shall retain all authority for the expenditure of moneys, including grants received under such act, and for the Implementation and oversight of the operations under the comprehensive plan approved by the secretary of corrections. The comprehensive plan shall be reviewed and approved by the board of county commissioners of each county to which the plan pertains prior to submission to the secretary of corrections for approval. (c) The boards of county oornmissloners of all counties cooperating together to establish a corrections advisory board and to adopt a comprehensive plan pursuant to such act may enter into cooperative agreements to qualify their respective counties for grants under such acit. Such counties shall cooperate and enter Into such agreements for all purposes of such act In the manner prescribed by K.S.A. 12-2901 through 12-2907 and amendments thereto, to the extent that those statutes do not conflict with the provisions of such act. History. L.1978, ch. 364, § 3; L 1989, ch. 92, § 6; L. 2004, ch. 160. § 2; July 1. 75-5203. Payment for expenses of corrections advisory board of county or group of cooperating counties without an approved plan. In order to assist a county or group of cooperating counties which has established a corrections advisory board but which sloes not have a comprehensive plan which has been approved by the secretary of corrections and which requires financial aid to defray all or part of the expenses incurred by corrections advisory board members In discharging their official dudes pursuant to K.S.A. 75-5299 and amendments thereto, the secretary of corrections, upon receipt of resolutions by the board or boards of county commissioners, or the administrative authority established by cooperating counties, certifying the need for and inability to pay such expenses, may pay quarterly to the county or counties an amount determined by the secretary. History L.1978, ch. 364,§4; L. 1989, ch. 92,J 7; L. i993, ch.197, § 1; L. 2007, ch. 197,§6; July 1. 75-5294. Assistance to counties and advisory boards by secretary of corrections; administration of act; rules and regulations. (a) In accordance with K.S.A. 77-415 et seq., and amendments thereto, the secretary of corrections shall adopt rules and regulations necessary for the implementation and administration of this act and as prescribed by this act. The secretary of corrections shall provide consultation and technical assistance to counties and corrections advisory boards to aid them in the development crf comprehensive plans under this ad. (b) This act shall be administered by the secretary of corrections or by officers and employees of the department of corrections designated by the secretary to the extent that authority to do so Is delegated by the secretary, except that the authority to adopt rules and regulations under this act shall not be delegated. History. L. 1978, ch. 364, § 5; April 20. 75.5295. Powers of counties or groups of counties underact. For the purposes of this act and to provide for the correctional services described In K.SA. 75-5291 and amendments thereto, a county or group of cooperating counties, through their boards of county commissioners, or administrative bodies established by cooperating counties, may. (a) Acquire by any lawful means, Including purchase, lease or transfer of custodial control, the lands, buildings and equipment necessary and incidental to such purposes; (b) enter Into contracts, which are necessary and Incidental to such purposes; (c) determine and establish the administrative structure best suited to the efficient administration and delivery of such correctional services; (d) employ a director and such other officers, employees, and agents as deemed necessary to carry out the provisions Of this act; (e) make grants in accordance with the comprehensive plan of funds provided by grant payments under K.SA 75- 52,105 and amendments thereto to corporations organized not for profit, for development, operation and Improvement of such correctional services; and (f) use unexpended funds, accept gifts, grants and subsidies from any Lawful source, and apply for, accept and expend federal funds. History: L. 1978, ch. 364, § 6; L. 1989, ch. 92, § 8; Jan. 1, 1994. 75-5286. Comprehensive plans for correctional services, approval prerequisite for grants; additional requirements; operating standards; annual review-, suspension of grants, procedure. (a) Except as provided In K.S.A. 75-5293 and amendments thereto, no county shall be qualified to receive grants under this act unless and until the comprehensive plan for such county, or the group of counties with which such county Is cooperating, is approved by the secretary of corrections. (b) The secretary of corrections shall adapt rules and regulations establishing additional requirements for receipt of grants under this ad, standards for the operation of the correctional services described In K.SA. 755291 and amendments thereto and standards for performance evaluation of the correctional services described In K.S.A. 75-5299 and amendments thereto. In order to remain eligible for grants the county or group of cooperating counties shall substantially comply with the operating standards established by the secretary of corrections. (c) The secretaryof corrections shall review annually the comprehensive plans submitted by a county or group of cooperating counties and the facilities and programs operated under such plans. The secretary of corrections Is authorized to examine books, records, facilities and programs for purposes of recommending needed changes or Improvements. (d) In reviewing the comprehensive plan or any annual recommendations or revisions thereto, the secretary of eonvaons shall limit the scope of the review of the corrections advisory board's statement of priodtles, needs, budget, policies and procedures, to the determination that such statement does not directly conflict with rules and regulations and operating standards adopted pursuant to subsection (b) and the community moans act under K.S.A. 75.5250 et seq., and amendments thereto. (e) When the secretary of corrections determines that there are reasonable grounds to believe that a county or group of cooperating counties Is not In substantial compliance with the minimum operating standards adopted pursuant to this section. at least 30 days' notice shall be given the county or to each county In the group of cooperating counties and a hearing shall be held in accordance with the provisions of the Kansas administrative procedure act to ascertain whether there Is substantial compliance or satisfactory progress being made toward compliance. If the secretary of oorrections determines at such hearing that there Is not substantial compliance or satisfactory progress being made toward compliance, the secretary of corrections may suspend all or a portion of any grant under this act until the required standards of operation have been met. History: L. 1978,ch.364, §7; L. 1988, ch. 356, § 306; L.1989, ch. 92.§0: L.1993, ch. M. §2; Juty 1. 755297. Corrections advisory boards; membership, qualifications. appointment: alternative membership, qualification and appointment provisions for cooperating counties. (a) Subject to the other provisions of this section, each corrections advisory board established under this act shall consist of at least 12, but not more than 15, members who shall be representative of law enforcement, prosecution, the judiciary, education, corrections, ethnic minoritles. the social services and the general public and shall be appointed as follows: (1) The law enforcement representatives shall be: (A) The sheriff or, if two or more counties are cooperating, the sheriff selected by the sheriffs of those counties, or the designee of that sheriff, and (S) the chief of police of the city with the largest population at the time the board is established or, If two or more counties are cooperating, the chief of police selected by the chiefs of police of each city with the largest population In each county at the time the board is established, or the designee of that chief of polio, except that for purposes of this paragraph (1) In the case of a county having consolidated law er foroement and not having a sheriff or any chiefs of police, "sheriff' means the law enforcement director and "chief of police of the city with the largest population' or "chief of police' means a law enforcement officer, other then the law enforcement director, appointed by the county law enforcement agency for the purposes of this section; (2) the prosecution representative shall be the county or district attorney or, if two or more counties are 000peratlng, a county or district attorney selected by the county and district attorneys of those counties, or the designee of that county or district attorney, (3) the judiciary representative shall be the chief judge of the district court of the judicial district containing the county or group of counties or, N two or more counties in two or more judicial districts are cooperating, the chief judge of each such judicial district, or a judge of the district court designated by each such chief judge; (4) the education representative shall be an educational professional appointed by the board of county commissioners of the county or, if two or more unties are cooperating, by the boards of county commissioners of those counties; (5) a court services officer designated by the chief judge of the district court of the judicial district containing the county or group of counties or, If counties In two or more judicial districts are cooperattng, a court services officer designated by the chief judges of those judicial disblcts; (6) the board of county commissioners of the county shall appoint or, if two or more counties are cooperating, the boards of county commissioners of those counties shall together appoint at least three, but not more than sic, additional members of the corrections advisory board or, If necessary, additional members so that each county which is not otherwise represented on the board Is represented by at least one member of such board; and (7) three members of the corrections advisory board shag be appointed by cities located within the county or group of cooperating counties as follows,. (A) If there are three or more cities of the first class, the governing body of each of the three cities of the first lass having the largest populations shall each appoint one member. (B) if there are two cities of the first class, the governing body of the larger city of the first class shag appoint two members and the governing body of the smaller city of the first class shall appoint one member; (C) if there Is only one city of the first class, the governing body of such city shall appoint all three members; and (a) If there are no cities of the first class, the governing body of each of the three cities having the largest populations shall each appoint one member. (b) If possible, of the members appointed by the boards of county commissioners in accordance with subsection (ax6) and by the governing bodies of cities in accordance with subsection (s)(7), members shag be representative of one or more of the following: (1) Parole officers; (2) public or private social service agencies; (3) ex -offenders: (4) the health care professions; and (5) the general public. (c) At least two members of each corrections advisory board shall be representative of ethnic minorities and no more than 2/3 of the members of each board shall be members of the same sax. (d) In lieu of the provisions of subsections (a) through (c), a group of cooperating counties as provided in subsection (a)(2) of K.S.A. 75.52,110, and amendments thereto, may establish a corrections advisory board which such board's membership shall be determined by such group of counties through cooperative action pursuant to the provisions of K.SA. 12-2901 through 12-2907. and amendments thereto, to the extent that those statutes do not conflict with the provisions of this act, except that if two or more counties In two or more judicial districts are cooperating, the chief judge of each such judicial district, or a judge of the district court designated by each such chief judge shall be a member of such board. in determining the membership of the corrections advisory board pursuant to this subsection, such group of counties shall appoint members who are representative of law enforcement, prosecution, the judiciary, education, corrections, ethnic minorities, the social services and the general public. Any corrections advisory board established and the membership determined pursuant to this subsection shall be subjed to the approval of the secretary of corrections. History. L. 1978, ch. 364, § 8; L.1984, ch.112, § 16; L. 1989, ch. 92, § 10; L.1999, ch. 57, § 69; L. 2009, ch. 31, § 1; .fury 1. 75,5298. Corredions advisory boards; terms; vacancies; of ioers; open proceedings, rules. (a) Members of a corrections advisory board appointed in accordance with K.S.A. 75..5297 and amendments thereto shall serve for terms of two years from and after the date of their appointment and shall remain In office until their successors are duly appointed. All vacancies In a corrections advisory board shall be filled for the unexpired team in the manner that the position was originally filled. Each corrections advisory board shag elect its own officers. (b) All proceedings of the corrections advisory board and any committee or subcommittee of the board shall be open to the public In accordance with and subject to the provisions of KSA. 75-4317 to 75-4320, Inclusive, and acts amendatory thereto. All votes of members of the corrections advisory board shall be recorded and shall become matters of public record. (c) The corrections advisory board shall promulgate and implement rules conceming the conduct of proceedings and attendance of members at hoard meetings. History. L. 1978, ch. 364, § 9; L 1990, cit. 323. § 1; Aprti 19. 75.5299. Same; participation in formulating comprehensive plans. Corrections advisory boards established under the provisions of this act shall actively participate In the formulation of the comprehsnshre pian for the development, Implementation and operation of the correctional services described In KS.A. 755291 in the county or group of cooperating counties, and shalt make a formal recommendation to the board or boards of oounty commissioners at least annually concerning the comprehensive plan and Its implementation and operation during the ensuing year. History: L. 1978, ch. 364. § 10; April 20. 75.52,100. Purchase of correctional services from state under comprehensive plans; determination of casts, grant deductions. Any comprehensive plan submitted pursuant to this act may include the purchase of selected correctional services from the state by contract, Including the temporary detention and confinement of adults convicted of crime. The secretary of corrections shall annually determine the costs of the purchase of services under this section and deduct them from the grant payable to the county or, in the case of cooperating counties, the grants payable to the counties. In no case shall the charges for correctional services under such contract with the state exceed in cost the amount of the grant the county is ellglble or, In the case of cooperating counties, the total amount of the grants the counties are eligible to receive under this act. }iistory: L.1978, ch. 364, § 11; L 1979, ch. 297, § 1; July 1. 7"2,1o2. Comprehensive pians for correctional services; requirements; new program proposals. (a) The comprehensive plan submitted to the secretary of corrections for approval shall include those items prescribed by rules and regulations adopted by the secretary, which may require the inclusion of the Wowing: (1) A program for the detention, supervision and treatment of persons under pretrial detention or under commitment (2) delivery of other correctional services defined in K.S.A. 75-5251 and amendments thereto; and (3) proposals for new facilidies, programs and services, which proposals must include a statement of the need, purposes and objectives of the proposal and the administrative structure, staffing pattern, staff training. financing, degree of community involvement and client participation which are planned for the proposal. (b) in addition to the foregoing requirements made by this section, each county or group of counties shall be required to develop and implement a procedure for the review by the corrections advisory board and the board or boards of county commissioners of new program applications and other matters proposed to be included under the comprehensive plan and for the manner in which corrections advisory board action shall be talon thereon. A description of this procedure shall be made avarlabie to members of the public upon request. History. L.1978, ch. 364, § 13; L.1989, ch. 92, § 11; Jan.1, 19$0. 75-52,103. Grants; expenditures for corractlonal services. determined pursuant to 75.52,111; grant reductions; transfer of grant amounts to other counties. (a) Except as provided In K.S.A. 75:;293 and amendments thereto, each grant under this act shall be expended by the county receiving It for correctional services as described In K.S.A. 76-5291 and amendments thereto in addition to the amount required to be expended by such county under this section. Each calendar year in which a county receives grant payments under KSA 75-52,1 05 and amendments thereto, the county shall make expenditures for correctional services as described In KS.A. 75-5291 and amendments thereto from any funds other than from grants under this act In an amount equal to or exceeding the amount of base year corrections expenditures as determined by the secretary of corrections under subsection (b). (b) The secretary of c ormcftons shall audit and determine the amount of the expenditures for correctional services as described in K.S.A. 75-5291 and amendments thereto of each county applying for a grant as provided In K.S.A. 75- 52,111. (c) In any case where a county receiving a grant does not make expenditures for correctional services from funds other than from grants under this act as required by this section, the grant to such county for the next ensuing calendar year shall be reduced by an amount equal to the amount by which such county failed to make such required amount of expenditures. (d) The secretary of corrections may provide, by rules and regulations, procedures for the following, as determined by the secretary to further the purposes of this act: (1) The transfer, to one or more other counties, of any portion of a county's annual grant which is not included in such county's program budget for the cunent program year; and (2) the transfer, to one or more other counties, of any portion of a county's annual great which remains unused at the end of such oounty"s program year and is not included In such county's program budget for the ensuing program year. (e) Except as otherwise provided pursuant to subsection (d), If a county does not expend the full amount of the grant received for any one year under the provisions of this act, the county shall retain the unexpended amount of the grant for expenditure for correctional services as described In K.SA. 75-5291 and amendments thereto during any ensuing calendar year. The secretary of corrections shall reduce the grant for the ensuing calendar year by an amount equal to the amount of the previous year's grant which was not expended and was retained by the county, unless the secretary finds that the amount so retained is needed for and will be expended during the ensuing calendar year for expenditures under the applicable comprehensive plan. History: L.1978, ch. 3134, § 14; L. 1979, ch. 297, § 2; L.1988, ch. 349, § 2; L 1989, ch. g2, § 12; Jan. 1, 1990. 75.52,105. Semiannual grant payments; certified expenditure statements by counties. (a) Upon cornpiiance by a county or group of counties with the requirements for receipt of the grants authorised by the community corrections act and approval of the comprehensive plan by the secretary of corrections, the semtery of corrections shall determine the amount of the annual grant to each such county and, commencing on the next ensuing January 1 or July 1 after approval of the comprehensive plan, shall proceed to pay such grant In equal semiannual payments In accordance with and subject to such act, applicable rules and regulations, and the provisions of appropriations acts. (b) On a quarterly basis. each county receiving semiannual grant payments under such act shall submit to the secretary of dons certified statements detailing the amounts expended and costs Incurred for the oorrectionai services described In K.SA 75-5291, and amendments thereto. upon receipt of such certified statements, the secretary of corrections shad determine whether each such county Is In compliance with the expenditure and operation standards prescribed under such act for such services and shall determine the semiannual payment amount each such county is entitled to receive after making any adjustments for reductions or charges as required by or In accordance with such act and applicable rules and regulations. 10 (c) Semiannual grant payments for counties entitled thereto under such act shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of corrections or by a person or persons designated by the secretary of oor scions to the county treasurers of such counties. History. L.1978, ch. 364, § 16; L. 1992, ch.189, § 1; L. 2004. ch. 160, § 3; Juiy 1. 7552,107. State and county purchase of correctional services from grant -receiving counties. (a) The secretary of corrections may contract for any correctional services described to leSA 75-5291 and amendments thereto from any county or group of cooperating counties which are receiving grants under this act, Including services for Inmates classified minimum security or less. (b) Any county may contract for any correctional services described In K.SA 75-5291 and amendments thereto from any county or group of cooperating counties which are receiving grants under this act, regardless of whether such county or group of counties Is In the same Judicial district as the county contracting for such services. History: L. 1978, ch. 364,§ 18; L. 1988, ch. 349, § 3; L. 1990. ch. 323, § 2; April 19. 75-52,110. Required participation by counties In community corrections, options; chief Judge, recommendations. (a) Before July 1,1goo, each county In this state, based on the recommendation from the chief Judge of the Judicial district In which each such county is located as provided In subsection (b), shall have: (1) Established a dons advisory board in accordance with K.S.A. 75.5297 and amendments thereto and adopted a comprehensive plan for the development, Implementation, operation and Improvement of the correctional services described In K.S.A. 75-5281 and amendments thereto which has been approved by the secretary of corrections and which, In addition to such matters as are prescribed by rules and regulations of the secretary of corrections, provides for centralized administration and control of the correctional services under such plan; (2) entered into an agreement with a group of cooperating counties to establish a regional or multi-0ounty community correctional services program; established a corrections advisory board in accordance with K.S.A. 75-5297 and amendments thereto; and adopted a comprehensive pian for the development, implementation, operation and Improvement of the correctional services described In K.SA. 75-5291 and amendments thereto which has been approved by the secretary of corrections and which, in addition to such matters as are prescribed by rules and regulations of the secretary of corrections, provides for centralized administration and control of the oorrectional services under such plan. Such group of counties may comply with the provisions of this subsection through cooperative action pursuant to the provisions of K.S.A. 12-2901 through 12-2907 and amendments thereto, to the extent that those statutes do not conflict with the provisions of this act; or (3) contracted for correctional services described in K.S.A. 76-5291 and amendments thereto from any county or group of cooperating counties, as provided in K.S.A. 75-52,107 and amendments thereto, which are receiving grants under this act (b) Before September 15, 1989, the chief judge In each judicial. district shall make a recommendation to the board of county commissioners in each county In such Judicial district which has not established a program to provide for the correctional services described In K.SA. 75-6291 and amendments thereto, as to which option provided In subsection (a) each such county in such judicial district should choose to comply with the provisions of this act. History. L.1989, ch. 92, § 1; L. 1999, ch. 57, § 70; Juiy 1. 75.62,111. Community corrections grants; determination of grant amounts; reductions. (a) on or before each July 1, the secretary of corrections shall determine annually the amount of the grant for the ensuing fiscal year for each county or group of counties which has qualified to reoelve grants as provided In this section. (b) The secretary of corrections shat) award grants to a county or a group of counties for community correctional services from funds appropriated for that purpose In an amount determined by the secretary. The determination of the 11 grant amount by the secretary shall be based on the following criteria: Staffing levels justified by alive cases under supervision; administrative costs; funded contracts for services remaining unused for an unreasonable period of time; any unreasonable indirect costs; client numbers; caseload projections; travel costs; contracted servloee costs; shrinkage factors; vacancy savings; turnover rates; and the comprehensive community corrections pian submitted to the secretary meeting the provisions of K.S.A. 75-5290, and amendments thereto. The secretary may reduce a grant to a county or group of counties as provided by K.S.A. 75-52,105, and amendments thereto, or due to changes in the avallablfity of funds. History. L.1989, ch. 92, § 15; L. 199D, ch. 324, § 1; L.1893, ch.197, § 3. L. 2007, ch.197, § 7; July 1. 75-52,112. Community correction grants; goals; county priority; proposal requirements; Implementation time -lines; evaluation, continued funding; secretary's report (a) As used in this sw%on. "supervtslon success rate" means the percentage of those persons under supervision In a community corrections program whose supervision is not revoked and remanded to the custody of the department of corrections for imprisonment. (b) On and after July 1, 2011, subject to the provision of appropriation acts, the secretary of corrections shall develop and Implement a grant program with the goal of increasing public safety, reducing the risk of offenders on community supervision and achieving and maintaining a supervision success rate of at least 75% or Improving such rate by at least 3% from the previous year. (c) Any county or counties operating community correctional services may apply for the grant. The program shall give priority to a county or counties In which the supervision success rate for offenders on community supervision Is significantly lower than the statewide average. which target a higher supervision success rate than the required supervision success rate of 76% or 3% annual supervision success rats Improvement or which target the successful reentry of offenders who are considered medium or high risk for revocation. (d) The secretary shall adopt grant requirements In accordance with this section. Proposals for grants under this program shall inoiude, but not be limited to, provisions to: (1) Target offenders at medium and high risk for revocation utilizing risk assessment Instruments approved by the secretary; (2) reduce and specialize caseloads for oarrrmunity corrections officers, (3) provide the offenders with the needed supervision and services to Improve such offenders' opportunity to successfully complete community correctional services programs, resulting in a reduction in revocations to prison. Such services may Include. but not be Ilmited to, employment training and placement, educational assistance, transportation and housing. Such services shall be evidence -based and address offenders' eriminogenic risks, needs and responsivity characteristics; (4) use an intermediate sanctions community supervision model; (5) provide staff training and skill development for community corrections officers in risk reduction and Intervention. Such training and development shall be approved and certified by the secretary; (8) utilize treatment options, Including substance abuse treatment, mental health treatment, and cognitive and behavioral programs for offenders. For Identified need areas, approved assessment and evaluation instruments should be utilized to ensure offender placement into appropriate levels of treatment and intervention; (7) use gang intervention strategies; (8) address safety concerns of the community; (9) Implement a method of tracking and reporting revocations; 12 (10) establish a goal of reducing the number of offenders, by a specified percentage, whose supervision is revoked and the offender sentenced to prison by providing a plan to: (A) Achieve and maintain a supervision success rate of at least 75% or improve such nate by at least 3% from the previous year, or (B) target the successful reentry of offenders who are considered medium or high risk for revocation; (11) develop a specific accountability system for monitoring, tracking and utilizing the grant funds and to evaluate the effectiveness of the grant funds; and (12) develop a consistent set of policies that will guide judges and community c:onections officers In the supervision and revocation of offenders on community corrections supervision. (e) The department of corrections shall establish a date for achieving goals based upon implementation time-lines and goals specific to each grant, which may Include an overall reduction or a reduction for a specifically targeted population. (t) The department of corrections shall evaluate the programs which received a grant using a research-based process evaluation targeting the critical components of effective programs to ensure that the program is being delivered as such program was designed. Continued funding shall be contingent on the program meeting the established goals. (g) The secretary shall prepare a report which states the number of programs recetving grants pursuant to this section, specifically Identifying each program, summarizing the provisions of each program and the success of the program in reducing revocations. Such report shall be delivered to the governor, the secretary of the senate, the chief clerk of the house of representatives and the Kansas reentry policy council on or before the first day of the regular legislative session each year in which the grant program is funded. History: L. 2007, ch. 197. § 1; L. 2011, ch.100, § 15; July 1. 75-62,113. Community corrections supervision fund. There is hereby created in the state treasury the community corrections supervision fund. Ali moneys credited to the community corrections supervision fund shall be used for grants for community correctional services in accordance with K.SA 75-52,111, and amendments thereto, to Implement the provisions of this act. All expenditures from the community corrections supervision fund shall be made In accordance with appropriation acts, upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of corrections or the secretarys designee. 13 Sa.LYlt<000 1GriS MINISTRIES City Clerk's Office Attn: Shandi Wicks, City Clerk P.O. Box 736 300 West Ash Street, Room 206 Salina, KS 67401 February 12, 2021 Dear Ms. Wicks, Deanna Parker Knapp Interim Director of the Saint Francis Foundation Providing healing and hope to children and families It is our pleasure to provide you with Saint Francis Ministries' transmittal letter for the City of Salina 2021-2022 Section 888 Special Alcohol Funding application. We are committed to preventing and treating alcohol and drug abuse and dependency in our community and have worked in collaboration with the City of Salina to do so for many years. We are honored to have the opportunity to continue to provide vital interventions that make a positive and life -changing impact on the citizens of our community. Our primary contact for this application is Darrin Sewell, Executive Director of Outpatient Behavioral Health. He may be reached at the following phone number, email address, and address: Phone: 785-577-5728 Email: Darrin.Sewell@st-francis.org Address: Darrin Sewell, 110 W. Otis Ave., Salina, KS 67401 If you have any questions about the program, please feel free to contact Mr. Sewell, while questions about the grant, grant award, or requested changes to the document should be directed to me. Thank you for extending the opportunity to be of service to Salina and its citizens again. Sincerely, Deanna Parker Knapp Interim Director Foundation and Grant Development 800-423-1342 Ext. 2970 110 W Otis Avenue Salina, Ks 67401 800.413.1347 SaintFrancisMinistries.org iso W ©tis Avenue Salina, Ks 67401 800.423.1342 SaintFrancisMinistries.org City of Salina 2021 — 2022 Section 888 Special Alcohol Funding Application Guidelines and Proposal Format ProposalContent............................................................................ ........................................ 3 Amount of Funding Requested: $ 134.203 _ total for the two year period ........................... 3 NarrativeQuestions: .................................................................................... 4 Required Attachments: ........ .................... ............................................................................. ......13 Program Budgetary Information........................................................................... ...................14 ServicesSummary .................................................................................................................. 15 OtherAttachments...................................................................................................................... 18 Program Objectives and Information: The City of Salina receives funding derived from the Special Tax on Alcohol sales. A portion (one-third) of this tax is intended to be used to prevent and treat alcohol and drug abuse and dependency. Biennially, the City provides the opportunity for community organizations providing such services to submit proposals for the use of these funds. Organizations requesting funding must submit a proposal with substantially the following format and content. Please note that some information relates to your overall program, while others may address the specific application of section 888 resources available from the City of Salina. This is a two year funding cycle. The amount of funds available is dependent on the production of the Special Alcohol tax. Total funding received during 2019 and 2020 totaled $399,286. Requests for program funding are anticipated to exceed the amounts available. Program funding is awarded on a calendar year basis, with the first distribution anticipated to be available on or near April 15, 2021, with quarterly distributions to follow. In the event that there is a reduction in the flow of funds, any agencies awarded funding will share in that reduction proportionately to the size of the original awards. According to the statute, "moneys in the Special Alcohol Fund shall be expended only for the purchase, establishment, maintenance, or expansion of services or programs whose principal purpose is alcoholism and drug abuse prevention and education, alcohol and drug detoxification, intervention in alcohol and drug abuse, or treatment of persons who are alcoholics or drug abusers or in danger of becoming alcoholics or drug abuser;". Our policy has been that any applicant must have been in operation within the City of Salina for at least two years in order to qualify for funding. Please provide a transmittal letter including name, address, and phone of the primary contact person from your agency. The City of Salina requires a formal agreement to address funds distributed to community agencies. We have attached the form of such an agreement. In general, it addresses the purposes for which funds are to be used, accounting and reporting requirements, indemnification, equal employment opportunity and affirmative action requirements, as well as the timing of funds distribution. Finally, applicants should be cognizant of the provisions of KSA 45-240 relating to public disclosure requirements as a result of funds provided to "not-for- profit" organizations. Please submit completed applications and attached materials to: I I P a g e City Clerk's Office Attn: Shandi Wicks, City Clerk P.Q. Box 736 300 West Ash Street, Boom 206 Salina, KS 67401 Or to debbie-pack@salina.org The application deadline is 5:00 RIM, Friday, February 26, 2021. We currently anticipate that the City Commission will award funding at their regular meeting on March 22, 2021. Depending on the number of applications received, the Commissioners may request to hear from program applicants at a study session at a date prior to the date of funding approval. Proposal Content Amount of Funding Requested: 134-203 total for the two year period, Typically funding is distributed as received. The quarterly distributions may vary depending on consumption of alcohol and taxpayer compliance. In the most recent 8 quarters, total funds received by the City have fluctuated between $23,594 and $71,130 quarterly. Funds received are then distributed to the successful agencies proportionately to their awards. 3 1 P a g e Narrative Questions: Saint Francis Ministries' (Saint Francis) mission is to provide healing and hope to children and families, and to transform lives in ways that others believe to be impossible. Since 1945, Saint Francis has been action -oriented organization working in the Salina area to do exactly that. Children, young adults and parents often need support to make changes leading to transformation in the family system when substance use is a part of their lives. Research has shown that "each family and each family member is uniquely affected by the individual using substances."' Through our Outpatient Behavioral Health Substance Use Treatment program (referred to throughout the application as SUTx), Saint Francis Community and Residential Services, Inc., a subsidiary of Saint Francis Ministries, is able to fulfill a distinctive purpose in the lives of our clients struggling with substance use needs and to meet the objectives of the Special Alcohol statute. This program helps youth and adults learn to live a healthy lifestyle free from the use of alcohol and/or drugs in order to improve and strengthen family functioning and to become more productive citizens within the Salina community. Our dual education and treatment program teaches the effects of alcohol and drugs on the client's physical and mental health, with a special focus on relationships within the family and community. It can be difficult fur parents or family members to understand that substance use has an impact on brain functioning,2 and that addiction is a disease that requires support through counseling addressing the physical, social, psychological, and spiritual aspects of one`s life. Saint Francis's Substance Use Treatment program provides varying levels of treatment to meet the needs of individuals within the Salina area community. Our staff coordinates services with families, schools, and other professionals to maximize the impact of an individualized substance use treatment plan that will enable the client to reach the highest level of growth and development possible. Family and support systems are a key factor in recovery and treatment of substance abuse, and they are encouraged to be part of the treatment process.3 As a result of seeing many referrals for teenagers needing SUD treatment who had parents who had a need for their own engagement in treatment, Saint Francis expanded treatment services in 2012 to include adults with children, adults who have a family focus, and adults who elected to use an agency with a spiritual basis. This expansion has helped families to find a unified healing process that focuses on the family as a system rather than only treating the individual. Research has shown that substance use can severely impact parenting abilities and can lead to children being removed from their care.' Saint Francis is committed to educating and treating parents whose alcohol and/or drug use impacts their parenting abilities. One way that Saint Francis accomplishes this is through a gender -specific program targeted to help pregnant women who use substances. This program focuses on engaging the mothers -to -be in treatment to provide them the best chance of a healthy pregnancy and Lander, L., Howsare, J., & Byrne, M. (2013). The impact of substance use disorders on families and children., From theory to practice. https:/twvvw. nebi.n1m. nih.gov/prncJarficles/PMC372521 91pdf1nihms- 496858.pdf 2 National Institute on Drug Abuse, National Institutes of Health, U.S. Department of Health and Human Services. (2020). Drugs, Brains, and Behavior. The Science of Addiction. https:l/www. drugabuse.govtsitesldefaultlfiles/soa. pdf 3 Center for Substanoe Abuse Treatment: Substance Abuse Treatment and Family Therapy, h"./twww.nobi.nlm.nih.gov/books/NBK64269/ 4 Child Welfare Information Gateway. Parental Substance Use and the Child Welfare System, https:iMww.childwelfare.gov/pubpdfs/parentaisubabuse.pdf 4jPage trauma-related treatment is a tremendous asset. Many of the children, youth, adults, and families who come through our doors have experienced significant trauma, and thus our clients greatly benefit from our services and programs benefit from being trauma - informed. We have implemented Seeking Safety, an evidence -based model developed by Dr. Lisa Najavits, to provide trauma -informed treatment to SUTx clients. In 2019, Saint Francis Ministries hosted a trauma training by Dr. Najavits for providers within the organization and within the community. Saint Francis will continue to provide prevention program and services to youth and family members through referrals from public schools, courts and court services, community corrections, child welfare contractors, and other community groups in Salina. We have worked more closely with the Salina truancy court to assist with youth who have substance use issues, in addition to treating parents who have begun to address their own SLID because of how it is affecting their child's truancy. 2. Saint Francis Ministries will use Section 888 funds to provide substance use treatment to youth ages 12-18 and to adults referred from: Salina -area schools, mental health agencies, attorneys, juvenile judges, county attorneys, community corrections, child welfare contractors, self -referral, other treatment facilities, and parents. Section 888 funding enables Saint Francis to provide quality SUTx services for all youth and their families regardless of their ability to pay. For clients requesting assistance with the cost of treatment, paperwork is completed to verify and ascertain an income -based fee for services. For those with severely limited financial resources, few other options would remain to assist them to receive much-needed treatment services if Section 888 funding was not available, as funding for this program through KDADS's Behavioral Health Services is limited. Due to the demand for SUTx services and the limited funding available, Saint Francis has absorbed much of the cost of providing these services. Parents who are receiving Reintegration Foster Care services, who are working to complete court-ordered case plans to have children placed returned to their home, often have deductibles that are so high that it makes it impossible for them to tap into their insurance for assistance with treatment Many of these parents do not qualify for KDADS block grant or other funding sources because of their income, but still do not have the financial means to afford treatment. Section 888 funding helps to offset the unreimbursed expenses for either the child or parent in need of treatment Additionally, Section 888 funding will allow for the purchase of treatment videos and learning materials, workbooks, training materials, and supplies. Funding will also be used to provide counseling and parent education so that a client's family can become involved in developing recovery and relapse prevention plans, as well as to fund the provision of wraparound services by counselors. Wraparound services include activities such as helping clients get into inpatient or residential treatment, working with the teen and their parents to get them back into school, providing support during court hearings, working with the family's case manager to help facilitate the progress needed to return a teen to their home, and communicating their needs to these institutions. These activities are not covered by other means but are important to helping clients stay in treatment while rebuilding and strengthening their families in their own homes. For teens who are in detention centers, Saint Francis addiction counselors have found that they can increase the timeliness of needed services by providing assessments that are coordinated through the court system, and conducted on-site at the courthouse. Our provision of on-site assessments allows the judge to make faster determinations with the quick receipt of information from our counselors, such as whether a youth can receive outpatient treatment and be returned home or whether they need inpatient treatment and 6 1 P a g e delivery, with the hope that the baby will grow into a healthy adult. This program continues Saint Francis's legacy of more than seventy -fire years of specialized treatments for youth and families. Research demonstrates that many adolescents engage in negative activities in the hours after school, which can create significant problems for themselves, their families, and the community in which they live. Saint Francis offers group sessions scheduled after normal school hours, typically between 3:00 PM and 7:30 PM. Providing services during a high- risk time when many youths are unsupervised at home helps to quell dangerous behaviors exhibited by adolescents engaging in substance use. Additionally, participation in afternoon and evening treatment hours can help to promote families' involvement in treatment. Since the COVID-19 pandemic began, we have offered individual and group telehealth sessions to ensure clients continue to receive timey treatment at outlined in their treatment plan. Parents whose children are struggling with alcohol and/or drugs can feel isolated and overwhelmed. Saint Francis assists parents by providing practical supports such as help setting boundaries, deciding appropriate consequences for negative behaviors, or helping the parent resolve conflict with their child. With the Matrix Model addressing the needs for family and involving the parents in the recovery of their child, Saint Francis is helping to ensure that clients are better supported and strengthened through relapse prevention. Adults who seek help through Saint Francis's programs often need help with balancing treatment, recovery, and parenting, and our family -focused programming helps to address these challenges. All Saint Francis staff providing alcohol and drug treatment are licensed by the State of Kansas's Behavioral Science Regulatory Board as addiction counselors and can provide services in the areas of prevention, intervention, and treatment. When Peer Mentors have been used to assist with treatment, they are Certified Peer Mentors by the Kansas Department for Aging and Disabilities Services (KDADS). Along with licensed addiction counselors, Saint Francis has staff that are licensed as mental health providers to assist in recognizing client' needs related to mental health related factors. Research has shown that there is a co-dependent "connection between mental illness and the use of addictive substances".5 Our counselors are trained in trauma-related treatment, as trauma has a significant interconnected relationship with substance use disorders. According to the International Society for Traumatic Stress Studies, problematic alcohol use and dependency affect 25- 75% "of individuals who have survived abuse or traumatic experiences... Men and women reporting sexual abuse have higher rates of alcohol and drug use disorders than other men and women..." and "adolescent sexual assault victims are 4.5 times more likely to experience alcohol abuse or dependence, 4 times more likely to experience marijuana abuse or dependence, and 9 times more likely to experience hard drug abuse or dependence".6 Given that over 13% of teens will have experienced a traumatic event by the time they reach 17 years of age, and that one in five teens will engage in an abusive or dependent relationship with substances,7 having staff who are trained in 5 The National Bureau of Economic Research. (2002). Mental Illness and Substance Abuse, https:/twww.nber.org/d igest/apr02iw8699. html b ISTSS. Traumatic Stress and Substance Abuse Problems. https:fAvww.istss.org/ISTSS_Main/media/Documentst[STSS_TraumaStressa ndSubstanoeAbuseProb_Engli sh FNL.pdf 7 The National Child Traumatic Stress Network: Malting the Connection: Trauma and Substance Abuse, https./Avww.nctsn.org/sites/defauWfllesJresouroest/making_the_connection_trauma_substance_abuse, pdf 61Page will be returned to detention until an inpatient bed is available, as well as what additional services a youth may need. While Saint Francis helps to reduce the City's cost to transport the client totfrom detention to receive assessment and reduce a teen's time in detention, Section 888 helps to fund the lost session time, as Saint Francis is not paid by the court system when subpoenaed to attend on a youth's behalf. Saint Francis has been involved with Salina's truancy court for the last three years in our Substance Use Treatment and Community Outreach programs. Young clients who test positive for substance use, which is often a key factor in the choice to skip school, have received Saint Francis's SUTx at the request of the court. A gender -specific treatment program has been designed for girls and women, as their needs differ from those of boys and men. Female -specific SUTx also includes the aforementioned program treating pregnant women who use substances. Additional evidence -based programs specific to the client's age, gender, and needs are used as applicable on their recovery journey, including Seeking Safety,8 Voices,a Helping Women Recover, 70 and Helping Men Recover." Saint Francis' client satisfaction surveys comparing data from FY19-20 (07101/18- 06130/20) records data pertaining to the client's self -identified place in the Stages of Change model. This data shows that while 74%n of clients with less than three months of treatment stated being in the first three stages ("no problem acknowledged," "not sun=_ they want to change," and "getting ready to change"), by three months of treatment, only 6°% of clients were not "in the process of change" or "maintaining change." 3. The Saint Francis Substance Use Treatment program (SUTx) has worked actively in Salina since 1995. Our collaboration with Saline County Community Corrections since the program began at this time. All juveniles referred by Community Corrections will complete an assessment to determine if they need educational/prevention services and/or a treatment program that is offered by Saint Francis or another organizational partner. We also accept referrals from the Salina County Attorney's Office and the Juvenile Intake and Assessment Program. USD 305 may refer youth for assessment if the school suspects an alcohol- and/or drug- related problem. If further services are warranted, Saint Francis will work with school counselors to coordinate services that will not disrupt their school schedule. This includes tobacco cessation if a client wishes to quit smoking. The Director of Saint Francis's Substance Use Treatment program is part of the advisory board for the Salina Initiative for Restorative Justice (SIRJ) to provide alternatives to juvenile court and detention for low-risk offenders. Saint Francis has also partnered with Salina Schools, Central Kansas Mental Health, providers of inpatient and residential treatment, the Saline County District Court, Salina client attorneys, the Kansas Highway patrol, and Central Kansas Foundation. Relationships with each of these organizations is based upon services Saint Francis provides for youth and families. These services include some orad of the following: alcohol e Seeking safety, https:/twww.treatment-innovations.org/ e Voices. https:/,www.stephaniemvington.comlassetslfilesfrrainings %20and%2oWorkshops%2C%20 Voices%202nd°A2OEdition, pdf 10 Helping Women Recover, https:/twww.stephaniecovington.com/assets/files[Trainings %20and%24Workshops%2C %20H WR.pdf 11 Helping Men Recover, https:/Avww.stephaniecovington.oDm/heiping-men-recover-a-program-for-treating- addictionl .php 7 1 P a g e 4. and drug assessments, individual counseling sessions, education, progress reports, and attendance in court by counselors for case management purposes. The variety of available services offered has allowed for the above-named agencies to refer their clients for services to address each individual's treatment needs Additionally, Saint Francis Ministries is a member of the Salina Area Chamber of Commerce. Their mission "to advance the general welfare and prosperity of the Salina area.... working together to make the Salina community a better place to live and work" is whole-heartedly shared by Saint Francis. 12 By partnering with Salina -area community organizations, we can bring hope and healing to the individuals in our community who are seeking treatment services. A. Saint Francis provides the following services to youth ages 9-18 and adults: • Alcohol and Drug Diagnostic Evaluation: This service assesses the client's degree of alcohol/drug use to determine what level of service is needed. • Referrals: If a client needs services that are not available through our organization, the counselors will then seek appropriate services from agencies that can provide those services. • Crisis Intervention: If a client or family member needs immediate services, a counselor is available to assist in the needs of the person calling. Interventions may involve helping a child, youth (who we receive the most calls from), or adult to avoid using substances, to talk through the emotions that are triggering a potential relapse, or to advise them to go to the emergency room if they need immediate help after using. • Family Involvement: Counselors encourage parents in learning new parenting skills through education regarding substance abuse within families, especially as it relates to their adolescent. Parents learn how to set rules and limits for their children and are helped to seek services which they may have been afraid to seek for themselves or for their child. • Individual Sessions: Clients of all levels receive individual sessions to address their SUTx needs. If the needs of the client are determined to be less than those of intensive services (which include 9 or more hours of recovery -oriented programming each week), they will be assigned to individual counseling sessions to meet their needs. Telehealth sessions will continue to be available during the pandemic. • Relapse Prevention. Clients develop a relapse prevention or recovery plan to help both the client and their parent (if applicable) to realize the warning signs that generally occur prior to relapse. Completion of this plan helps the client and family to monitor the client's behavior in an attempt to remain substance -free, or if a relapse occurs, what should be done to assist their return to a substance -free lifestyle. This may include creating a plan for parents who use substances whose children would be placed at risk of removal from the home due to abuse or neglect if they were to relapse. • Group Sessions: Group counseling sessions are divided into one-hour units that typically consist of 2-3 hours per session and focus on early recovery skills, decision-making skills, anger management, relapse prevention, and family education. Each client's treatment plan will determine the number of group sessions 92 Salina Area Chamber of Commerce, https:l/www salinakansas.orglmission.htmi 8 1 P a a e to attend per week. Telehealth sessions will continue to be available during the pandemic. Intensive Outpatient Treatment: Clients whose assessment determines a need for intensive outpatient services will receive the Matrix Model for Teens and Young Adults, a sixteen -week individual program with more than twenty-five years of research and development by the Matrix Institute on Addiction. This model is a comprehensive, organized set of evidence -based therapeutic interventions including individual, family, and group counseling sessions; twelve -step programs; and separate parent and adolescent substance education groups. This program is designed to meet the unique treatment and service needs of youth and families requiring intensive treatment to achieve recovery. Few clients are in need of this service. B. individuals are referred to our services through Salina -area schools, mental health agencies, attorneys, juvenile judges, county attorneys, community corrections, child welfare contractors (including Saint Francis' Reintegration Foster Care and FFPSA programs), self -referral, other treatment facilities, and parents. C. Youth between ages 9-18 and adults with children or who have a family focus (e.g., a relative of a child in foster care who is a viable permanency option) are the targeted individuals for Saint Francis's Substance Use Treatment program. Saint Francis has specialized in the provision of child and family services since 1945, specifically in regard to the juvenile justice system, residential treatment, and foster care. D. Our Substance Use Treatment program is currently able to serve all referrals as deemed appropriate. We have 3 SUTx counselors in Salina, as well as one counselor and one peer mentor provided under the Seeking Safety Family First Preservation Services (FFPSA) grant with the State of Kansas. During the COVID-19 pandemic, SUTx counselors began to provide telehealth services to clients to ensure that their treatment would not be disrupted. As a result of this, we were able to serve 133 new clients in FY2020, along with those who began the program in FY19. There is currently no waiting list for our program. E. Yes; Section 888 funds are specifically used to provide services to clients in the Salina area who are receiving Substance Use Treatment services through our Outpatient Behavioral Health program, whether in-person at the program office (509 E. Elm Street, Salina, KS) or online via telehealth. These funds are used to pay'for treatment for any client who is unable to pay for the portion of services not covered by insurance, as well as to purchase treatment videos and learning materials, workbooks, training materials, and supplies. The balance of Saint Francis Ministries' agency resources are largely restricted to programs and services for which we have State contracts, such as Reintegration, Foster Care, and Adoption services, Seeking Safety and Family Centered Treatment FFPSA grants, and Fatherhood FIRE, a federal grant, and to the activities outlined and allowable by those contracts. Saint Francis will continue to provide Substance Use Treatment services to clients as specified above. In the last year, we have continued to focus on increasing staff skills and training in trauma -informed practices to better serve our clients. Trauma -informed services are particularly beneficial to this population as counselors can assist clients to discover and heal from the trauma that has led to substance use as a means to cope. Our addiction counselors have continued to attend virtual trainings during the COVID- 19 pandemic to increase their professional abilities to provide trauma -informed treatment services to clients struggling with SUD. Virtual services, such as individual and group telehealth sessions, were made available almost immediately at the 9 1 P a g e beginning of the pandemic. Additionally, Saint Francis has begun to provide SUTx to Salina youth who are in residence in secure care facilities to facilitate their healing and help them to return home to their families in Salina. Saint Francis is committed to providing healing and hope to those we serve. We will continue to deliver this program, as previously stated, by serving referrals from the sources stated in the response to 4.A. above. G. Saint Francis is part of a robust community network that serves youth and adults struggling with SUD in Salina. As mentioned previously, we accept referrals from a wide variety of local agencies and organizations, and our collaboration with them is tailored to meet the needs of the individual referred. We are always willing to work with our partners and new agencies to develop services and review current practices to ensure better client care. Additionally, Saint Francis Substance Use Treatment staff help to transition clients to outside services when necessary with comfort and ease. When a referral from within Saint Francis or an outside agency is received, progress reports are completed in a timely manner. Mental health evaluations and/or treatments are often recommended in addition to recommendations for a full physical examination for clients with medical issues. Youth who are sexually active are advised to contact the Saline County Health Department or their local doctor for health-related services. Clients experiencing grief issues are referred to mental health providers. Youth that have dropped out of school are referred to obtain their GED certificates or to online educational programs. Additionally, parents may require supplementary family and individual services that we do not provide within our program and are recommended to those organizations and services as needed. Within the treatment setting, Saint Francis coordinates services based upon the client's age, gender, and individual needs, which includes providing evidence -based models such as Seeking Safety, Voices, Helping Women Recover, and Helping Men Recover. 5. Saint Francis recognizes that safe, healthy families, and the support that this constellation provides to both the individuals comprising it, are the best solution to help children and youth achieve better outcomes within environments of stability and individualized care. The importance of involving the family in a client's recovery has become increasingly well supported a 2017 study shows that "evidence -based interventions targeting affected family members have been shown to improve health outcomes for all family members, result in better addiction treatment outcomes, and prevent adolescent substance abuse'. 13 With a focus on the principles of Family Centered Practice, Saint Francis is able to help individuals and families heal by practicing three core concepts, which include: engaging family members to understand their lives, goals, strengths, and challenges and developing a relationship between family and practitioner, working with the family to set goals, strengthen capacity, and make decisions; and providing individualized, culturally response, and evidence -based interventions for each family. 14 This is not only applicable to the work that we do in our Outpatient Behavioral Health Substance Use Treatment 13 Ventura, Alicia S. and Sarah M. Bagley. To Improve Substance Use Disorder Prevention, Treatment and Recovery.. Engage the Family. https.iroumals.Iww.comrjoumaladdictionmedicine/Abstractl2Ol7/1000O ro_improve Substanoe_Use_Ctisor der Prevention,.2.aspx 14 National Resource Center for Family Centered Practice, https://clas.uiowa.edutnrcfcptwhat-family- centered-pradtioe 101 Page program, but to the work that many of our referred youth and parents are doing in other Saint Francis programs that seek to involve and heal the family as a whole. While family wellbeing is increasingly recognized as integral to individual recovery, this is not an area that most insurance/block grant/MCO funding covers. Without Section 888 funding, assisting clients in the Salina area to access treatment and recovery resources would be difficult. The Substance Abuse and Mental Health Services Administration (SAMHSA) estimates that 1 in 8 U.S. children ages 17 and younger, or up to 13%, live in households with at least one parent suffering from a SUD.15 Further, approximately 3 in 1,400 U.S. hospital births each year are affected by neonatal abstinence syndrome due too parental use of substances. Children who are exposed to substance use through a parent are more likely to develop an SUD, as well as increased chances of experiencing negative outcomes such as poor cognitive, social, and emotional development; depression, anxiety, and other trauma and mental health symptoms; and physical and health issues.16 17 Additional research shows that a childladolescent with good relationship with their parent is more likely to emulate the parent's substance use behaviors.18 The behaviors that a parent exhibits can even have an effect on dissuading a teen's peers from engaging in substance use.la The importance of Section 888 funding to achieve improvements in education, treatment, resilience to and recovery from substance use disorders cannot be underestimated. Without Section 888 funding, our ability to provide parents and adolescents with substance use treatment, and to provide them with the necessary knowledge, skills, and tools to break the cycle of family substance use will be substantially decreased. The National Institute on Drug Abuse published a research -based guide that indicates that individuals with coexisting mental health disorders and drug abuse need treatment that can be integrated into every aspect of their life and not focused solely on either the mental health disorder or substance use treatment Epidemiological studies have found that mental health and substance use disorders are highly comorbid among adults and that integrated treatment is consistently superior when compared to individual diagnoses with separate treatment plans.20 Saint Francis Ministries has the network and relationships in place to make referrals, as necessary, to mental health providers for individuals with co- occurring disorders, which increases the effectiveness of treatment. However, some co- occurring disorders are managed in Saint Francis's SUTx program. Individuals with significant long-term substance use behaviors will experience negative effects in cognitive functioning, which has a direct impact upon the length of treatment required for abstinence and recovery. Long-term substance use can have lasting effects on cognitive functioning well after the client has ceased to use substances, which impacts not only the client but their family and support system. Treatment can be a long-term process involving relapse and multiple interventions before successful abstinence and 15 Lipari, Rachel N. and Struther L. Van Hom. Children living with Parents who Have a Substance Use Disorder. The CBHSQ Report: August 24, 2017. Center for Behavioral Health Statistics and Quality, Substance Abuse and Mental Health Services Administration. 16 Solis, J.M., 5hadur, J.M., Bums, A.R., & Hussong, A.M. (2013). Understanding the Diverse Needs of Children Whose Parents Abuse Substances. https:ltwww.ncbi.ntm.nih.gavfpmclarticiesiPMC36769001 17 American Academy of Pediatrics: Families Affected by Parental Substance Use. hitps:11pediatrics. a appublications. org1contant1pediatficsf13&21620161575. full. pdf 110 Andrews, J.A., Hops, H., & Duncan, S.C. (1997). Adolescent Modeling of Parent Substance Use: The Moderating Effect of the Relationship with the Parent. https://psycnet.apa.org/recordil997-0565"01 19 Shakya, Holly B., Christakis, Nicholas A., & Fowler, James H. (2012). Parental Influence on Substance Use in Adolescent Social Networks. httpsJAvww.ncbi.nlm.nih.govlpmcloriicles/PMC35623771 20 Kelly, T, M. & Daley, D.C. (2013). integrated Treatment of Substance Use and Psychiatric Disorders. https:/twww.nebi.nim.nih.gov/pmcJarticies/PMC3753025/ 111Page recovery are achieved. Section 888 funding helps too easily facilitate transition back into the program for either brief interventions or long-term treatment, depending on the client's needs. Without this resource, which has helped us to bring greater healing and hope to youth and families in Salina for many years, many of the individuals who have overcome SUDs in our community would not have been able to enter treatment. Saint Francis Ministries recognizes that now, more than ever, youth and parents need substance use treatment services. The effect of the COVID-19 pandemic has impacted members our community in ways that directly affect their mental health, and consequently, substance use behaviors. The National Institute on Alcohol Abuse and Alcoholism (NIAAA) released a COVID-19 surveillance report showing that spirit and beer sales between March and August 2020 increased by an average of 23% compared to prior three-year averages and beer sales increased by an average of 5%.21 A recent study on alcohol consumption during the pandemic found that the frequency of alcohol consumption had increased by 1 day more per month for 3 of 4 adults, with women also experiencing increases in heavy drinking and problems related to drinking.22 Increasing alcohol consumption among Salina citizens may be exacerbated by the circumstances resulting from the pandemic, which has a direct effect on a client's individual health as well as the health and wellbeing of their family in an inordinately stressful time. Saint Francis strives to provide our clients with the supports, tools, training, and wraparound services they need to develop resiliency and abstinence skills to succeed in treatment during the pandemic and long after. With our mission to bring healing and hope to families in ways that others believe to be impossible, we will continue to serve children, youth, adults, and families, and strive to be an instrument of healing in mind, body, and spirit. Saint Francis will continue to deliver evidence -based, trauma -informed substance use treatment services that develop abstinence behaviors, engender and support recovery, and facilitate long-term healing and growth for individuals and their families. 2' National Institute on Alcohol Abuse and Alcoholism. (2020). Alcohol Sales Dunng the COVID-19 Pandemic, https:/Ipubs.niaaa.nih.gov/publications/surveillance-wvid-lg/COVSALES.htm 22 Pollard, Michael S., Tucker, Joan S., & Green, Harold. (2020). Changes in Adult Akaohol Use and Consequences During the COV1D-19 Pandemic in the US. https:/lamanetwork.comrjoumalsfamanetworkopentfullarticle/2770975 121Page Program Budgetary Information Agency: Saint Francis Community and Residential Services, Inc. Total revenues Expenses. Salaries Benefits and Employer Taxes Supplies Consultants Rent Utilities Travel and transportation - staff Support to otheragencies Other. (please sped(y) Licenses. dues. bank fees Public & staff relations Equipment depreciation Equipment lease Computer Software Program Expenses Contract Services - non -client Insurances Training Indirect administrative fee Totat Expenses Net Incomel(Loss) 141P&c:: 217.785.09 260.783 293,211 149,281.96 160.659 179 887 2118121 46,436 54.186 2,679.40 3:23 PM 3,662 (776.50) 1.535 DS Saint Francis Community and Residential Services, Inc 6,272 7,168 Chemical Dependency -Salina Center 661 756 (129.68) Special Alcohol (Section 888) Funding Giant 356 2,976.45 8,929 Expenses Based of 2020 calendar year Financial Statement 2,100 2.400 21.322.16 3 0 FTE therapists 711121 rev stall for new Peer Mentor 260.783 293,210 3 FTE therapists & 3 FTE therapists Actual (Unaudited) 5 FTE Peer & 1 FTE Peer 01101120 - 12131/20 Request for 2021 Request for 2022 Revenue. Private Insurance 26,289,69 29,982 33,067 Private Fee for Service. client 5,257.94 5,980 6,613 SATR Funding - - Medicaid Funding 143.716.96 163,463 180,766 Donations and contributions Section 888 (Special A9clfhol) Funds 40,490.32 61,438 72,765 Other sources (specify) Interest income - - Mvscellaneous Income 2030 18 - Total revenues Expenses. Salaries Benefits and Employer Taxes Supplies Consultants Rent Utilities Travel and transportation - staff Support to otheragencies Other. (please sped(y) Licenses. dues. bank fees Public & staff relations Equipment depreciation Equipment lease Computer Software Program Expenses Contract Services - non -client Insurances Training Indirect administrative fee Totat Expenses Net Incomel(Loss) 141P&c:: 217.785.09 260.783 293,211 149,281.96 160.659 179 887 45,840.97 46,436 54.186 2,679.40 3.126 3,662 (776.50) 1.535 1,79t 5,375.85 6,272 7,168 566.90 661 756 - 1,250 1,917 119.31 139 163 762 40 889 1.042 1,719.48 2,006 2.293 627.70 732 942 237,59 277 388 (129.68) 254 356 2,976.45 8,929 9.822 2,100 2.400 21.322.16 23,517 26.437 230.603.99 260.783 293,210 _(12.818.901 10 0 Required Attachments: 1. Annual budget for the program in the required format. New programs need only submit a budget for the 2021-2022 grant period. Existing programs must also provide an updated report for the prior year (2020). Please see completed form below on pa. 14. 2. Services Summary. Please see completed form below on Pa. 15. 3. Copy of Bylaws, Articles of Incorporation, or other similar document establishing the purpose for your organization. Saint Francis' documentation is already on file. 4. A copy of Saint Francis' current licensure for services from KDADS is below on pg. 16. 5. A copy of Saint Francis' fee schedule is below on ag.1T. 6. Other attachments you might wish to include. Please list: A 7elehealth information flyer Is below on on. 8. A Sliding Fee Request form is below on g. 20. 131Page Services Summary For Twelve months ending: 12/31/2020 Program/Service Total Agency (Program) Section 888 Beneficiaries # People # Sessions # People # Sessions Inquiries Evaluations 82 90 36 40 Individual Counseling 126 1378 55 607 Group Counseling 56 388 25 171 Family Counseling Aftercare Inpatient Care (Detox) Alcohol and Drug Prevention and Education (Excluding ADIS) ADIS Dollars Contributed to third parties Referrals to other Agencies Other Services (Specify): Peer Support 2 2 Case Management 7 96 Total Unduplicated Persons Served 152 67 Please complete the table to the best of your ability, matching the categories listed to services provided by your agency. A note on how to count: If one individual attends three individual counseling sessions, it counts as 1 person and 3 sessions. If one individual receives an Individual Counseling session, participates twice in a group, and then receives a referral to another agency, you would count one individual in each service category. There would be two group sessions. However, total persons served would be 1. Likewise, if an individual were to go through your program once, and then be re -admitted, they would still count as 1 individual served in total, although they may have been counted many times. 16 1 P Ei C" C" 16 1 e ❑ Sunflower (Ceap"co) ❑ Aetna MCO ❑ Unitedllcaldecare (Optum) ❑ Co -Pay ❑ Family Pres ❑ SU 123 - ❑Pte ❑Post ❑ School ❑ AAPS/Be=n Health Options ❑ Insurance Carrier ❑ Seeking Safety ❑ Se1GP4y ❑ Reintegration Foster Care ❑ Other OUTPATIENT THERAPV CPT I Desert tion Unit Value Time Units Charat ❑ 1-10001 1 Alcohol and Drug Asseument Per Session I -Name, F -Name: SUBSTANCE USE Per 15 Min Record Number- umberPROGRAM PROGRAM Per Is Min Date of Birth: SSD: ENCOUNTER FORM BebaviorW Haatth APPS Unique ID: ❑ H0007 Crisis intervention Per 15 Min Date: ❑ HDO 15 U5 Intensive O enc Pro (Under 18) 0 Tele Med OFace to Facc location: ❑ Sunflower (Ceap"co) ❑ Aetna MCO ❑ Unitedllcaldecare (Optum) ❑ Co -Pay ❑ Family Pres ❑ SU 123 - ❑Pte ❑Post ❑ School ❑ AAPS/Be=n Health Options ❑ Insurance Carrier ❑ Seeking Safety ❑ Se1GP4y ❑ Reintegration Foster Care ❑ Other OUTPATIENT THERAPV CPT I Desert tion Unit Value Time Units Charat ❑ 1-10001 1 Alcohol and Drug Asseument Per Session $175.00 ❑ H0004 Individual Counseling and Therapy Per 15 Min $37.50 ❑ H0005 US Group Counseling Per Is Min $10.00 ❑ H0006 U5 Case Management Per 15 Min $13.25 ❑ H0007 Crisis intervention Per 15 Min 533.00 ❑ HDO 15 U5 Intensive O enc Pro (Under 18) Per Day 5150.00 ❑ Q3014 Telemedicine Origirmting site fee Per Session $20.00 ❑ A0160 Support Services Per Is Min 510.50 ❑ H00Peer Support Group QW Per 15 Min $8,00 D H0038 HF Peer Support Individual Per 15 Min $16.00 ❑ 99202 GPRA Assessment Per Assessment $10.00 ❑ Amazing AllcmativcslPEP n/a n/a rda $85.00 ❑ 1 Consuhation Per 15 Min $25.00 ❑ 1 1 Travel Time for Consultation Per I5 Min $12.50 ECD -10 CODES TOTAL- ❑ F10.10 Alcohol Use DEsarder, Mild ❑ Z72.0 Tobacco Use Disorder, Mild ❑ FI0.20 Alcohol Use Disorder, ❑ Moderate ❑ Severe ❑ F17.20 Tobacco Use Disorder, ❑ Modasec ❑ Severs 01`11-10 Opiold Use Disorder, Mild ❑ F14.10 Cocaine Use Disorder, Mild ❑ FI 1.20 Oplold Use Disorder, ❑ Moderate ❑ Sams ❑ F14.20 Coealae Use Disorder, ❑ Moderne ❑ Sa e 01`13.10 Sedans, Hypnottc, Or Anxiolytic Use Disorder, Mild ❑ F15-10 AmpbetamherType SubstanecKhher or Unspedlled Strmoteat Use Msorder Mild 1713.20 Sedative, Hypoollc, Or Anxiolytic Use Disorder,E)F15.20 12 ❑ Moderele ❑ Severs Amphetamelae-Type Substamd0ther or Uaspeciried Stimulant Use Disorder, ❑ Modeme ❑ snare ❑ F12.10 'Cannabis Use Disorder. Mild ❑ 1`16.10 Pbeneyelidine Use Disorder, Mild ❑ F12.20 Cannabis Use Disorder, ❑ Moderate ❑ Sarera ❑ F 16,20 pheneyo WEne Use Disorder, ❑ Modamte ❑ sevsre ❑ F16.10 Other Hailudoolien Use Disorder, Mild ❑ F19.10 Other (Or Unknown) Substance Use Disorder, Mild F16.20 other HetludnWaUse Disorder, Moderato ❑ Sartre ❑ F19.20 Other (or Unknown)Substance Use Disorder, ❑ Modemec 0 Snac ❑ 1718.10 Inhalant Use Disorder, Mild ❑ 1718.20 Inbalanr Use DEsorder. 17 Moderate ❑ snare ❑ Other. NOTES: PROVIDER SIGNATURE PROVIDER NUMBER FORMSrrCS ethsviarsl HedrhrSVD/Ramatrr Forminerxenber 15.202 few t or t 171Page Providing heating and hope to children and families Services We Offer 11w f • Individual Therapy �1 • Substance Use Counseling • Medication Management y e k# a Ap of , �4 oclay! utpatientbehavioralhealthCast-fran cis. org Sa intFrancisMin istries.org Salina Wichita Great Bend 645 E. Iron Ave. 3730 E. Lincoln St. 2208 E. 11th St. Salina, KS 6741 Wichita, KS 67218 Great Bend, KS 67530 5eek,ng Sate ti is treatment designed for fanulies dealing wrath su0stance use dnorder end whoare at risk. of having Into sh4dren removed from the home. Our program offers evidence -based, m. Mme or m -office services designed to help patents, pregrunt women. and new parents with infants heal from substance abuse and trabnLa s0 they can SlrengMen their ramifies and rear�,nt their Ines. About Saint Francis Ministries Saint Rarims LAI NIST R rE6 868 73, 4673 00 you have a client safely Concern' C saw nnu=: Sart Rar:r+r fire. Cs.+vrr m-a� nx. rr+In'1 fie .en v+s Cnn^m15eJor 630-742-5800 pe1+Bnl safer Yrepnrlj D+nlCOmm,Ssron org The road to recovery is unique for eac h family Thal s why Saint Francis doesn't use a •ani size fits all' approach to treatment. Rather, we help you take ownershio al your, reCovcry by providing fleziole, id-duala d treatment pract<es Katy prinCiptes: • Safety - help, t. -d— find satrty +n then retabohshpe brhavrOm and emol ions • Imegralwn - como+nes substance use and NaVm! U"Imrnl • Conlrnl - ra+mines [Ognd+re, befiamoral and rnlerpe—ial conrems • Protases - P— des Or ur torte tmnmenl that addressee tounterlrangference. self- care. and ache, .,.as 01 meed WME O to suhstance uw and trauma . Fteedsllity - drs+gned to bcvt women r and mired groups - +n s vanety at s,rll+ng5 191Page Saint Rands V MINISTRIES IJ SUBSTANCE USE PROGRAM Record Name: Record Nam; AdmWon Dere: SLIDING FEE SCHEDULE H�iBt13(3¢81f�981th Birth Date: REQUEST Program: PmemlGuardian Name: Number of persona living in home: nrtual In Wagal verified by: Other ❑ Tax Ratan (attachcd) (i.e. S060 Security Alimony, etc.) S ❑ Pay Stub (attached) Toms annual net Income: S Extcousting Circumrtaaccs: Det rminallon• £xnlanatfoa ❑ No Scholarship 13$hdiug Fee Schedule ®Full Scholarship OPartial Scholarship MIS kOfflu elm lr ave mrd ewrea to the best ojmy/sur kamviedge- ParwolGuardian Signatum: Date: prepared By: Dim: Approved By: bate: OrIginel _ File Copy s Fluncid Services FORMSAUDISUdiva Foe SsMedak RegaarADnatav+, talalFaae E of I 201Page AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS and AGENCY NAME for Substance Abuse Diagnosis, Counseling, Treatment, and/or Prevention Services This Agreement is entered into _, 2013 by and between the City of Salina, Kansas, (the "City") and a (the "Contractor"). Recitals A. The City desires to contract for Substance Abuse Diagnosis, Counseling, Treatment, and/or Prevention services for the purpose of Substance abuse prevention in compliance with federal, state, and local regulations. B. The Contractor has the requisite qualifications and experience to perform the services needed by the City and desires to perform those services pursuant to the terms of this Agreement. The parties, in consideration of the mutual promises set forth in this Agreement, agree and covenant: 1. Definitions. Capitalized words used in this Agreement shall have the following meanings:. "Agreement" means this Agreement for Substance Abuse Counseling, Treatment, and Prevention services, as amended and supplemented from time to time. "City" means the City of Salina, Kansas "Contractor" means and its successors. 2. Exhibits. The following Exhibits are attached to and made a part of this Agreement (Mark with "X" if applicable): Exhibit A: Responsibilities of the Parties Exhibit B:Term; Schedule Exhibit C: Basis of Payment Exhibit D: Insurance Requirements 3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and incorporated Exhibit A. Contractor Services (2013-01-23) 4. Term; Schedule. The Contractor agrees to perform its responsibilities during the term and according to the timeframe and schedule described in Exhibit B, subject to the potential for prior' termination pursuant to the terms of this Agreement. S. Payment. The City shall pay the Contractor for the performance of its responsibilities pursuant to this Agreement as set forth in Exhibit C. 6. Insurance Requirements. 6.1. Types and Amount of Coverage. The Contractor agrees to obtain insurance coverage as specified in Exhibit D, attached hereto, and shall not make any material modification or change from these specifications without the prior approval of the City. If the Contractor subcontracts any of its obligations under this Agreement, the Contractor shall require each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure of the Contractor or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Contractor of liability. 6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A- VII in the most recent "Bests" insurance guide, and licensed in the State of Kansas. Except as otherwise specified in Exhibit D, all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 6.3. Certificate of Insurance. Following the execution of this Agreement and prior to the commencement of any work hereunder, the Contractor shall provide the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Agreement. The City reserves the right to require complete certified copies of all insurance policies procured by the Contractor pursuant to this Agreement, including any and all endorsements affecting the coverage required hereunder. 7. Injury to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to person(s) or damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall immediately notify the City's Risk Management Department at (785) 309-5705 in the event of such injury to person(s) or damage to property. 8. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims, damages, losses, and expenses relate to, arise out of, or are alleged to have resulted from the negligent acts, errors, mistakes, omissions, or defective work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this Agreement. 9. Voluntary Termination. Either party may terminate this Agreement, with or without cause, upon 10 days advance written notice to the other party. In the event of such termination, the Contractor shall be compensated for such services as have been satisfactorily performed through the date of termination, but no compensation shall be earned after the effective date of the termination, Within five (5) days of any such termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Contractor pursuant to this Agreement shall be delivered to the City. Notwithstanding the above, the Contractor shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor may be determined. 10. Default. If either party fails to comply with any term of this Agreement within 10 days after written notice to comply has been mailed by the non -defaulting party to the defaulting party, such failure shall be deemed an immediate breach of this Agreement ("Event of Default"). 11. Remedies. Upon the occurrence of an Event of Default, the non -defaulting party shall have the following rights and remedies, in addition to any other rights and remedies provided under this Agreement or by law: 11.1 Termination. The non -defaulting party shall have the right to terminate this Agreement or terminate the defaulting party's rights under this Agreement. 11.2 Other Remedies. The non -defaulting party may pursue any available remedy at law or in equity 2 (including specific performance) by suit, action, mandamus or other proceeding to enforce and compel the performance of the duties and obligations set forth in this Agreement, to enforce or preserve any other rights or interests of the non -defaulting party under this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non -defaulting party resulting from such Event of Default. 12. Non -Assignable. Due to the unique qualifications and capabilities of the Contractor, neither the rights nor responsibilities provided for under this Agreement shall be assignable by either party, either in whole or in part. 13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt, but if the receipt is not returned within five (5) clays, then three (3) days after mailed, if sent by registered or certified mail or commercial courier service, or the next business day, if sent by overnight air courier service. Notices shall be addressed as appears below for each party, provided that if any party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY: City Clerk P.O. Box 736 Salina, KS 67102-0736 CONTRACTOR: 14. Retention and Inspection of Records. The Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. The Contractor shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to, or arising under, this Agreement. The Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 15. Non -appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the City, it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Agreement, the City shall so notify the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal year(s) affected by the decision of the governing body not to appropriate. 16. Relationship. It is expressly understood that Contractor in performing services under this Agreement, does so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Contractor performs its services hereunder. The sole interest and responsibility of the City is to see that the services covered by this Agreement are performed and rendered in a competent, efficient, and satisfactory manner. Contractor shall be exclusively responsible for all taxes, withholding payments, employment -based benefits, deferred compensation plans, including but not limited to its workers compensation and social security obligations, and the filing of all necessary documents, forms, or returns pertinent to the foregoing. 17. Subcontractin_a. Contractor shall not subcontract any work or services under this Agreement without the City's prior written consent. 18. Compliance with Applicable Law. Contractor shall comply with all applicable federal, state, and local law in the performance of this Agreement. 19. Equal Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and its subcontractors, if any, agree that: (1) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Contract because of race, sex, religion, age, color, national origin, ancestry or disability; (2) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer," or a similar phrase to be approved by the city's human relations director; (3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the Contactor shall be deemed to have breached this Contract and it may be canceled, terminated or suspended, in whole or in part, by the City; (4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final, the Contactor shall be deemed to have breached this Contract and it may be canceled, terminated or suspended, in whole or in part, by the City; (5) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this Contract because of race, sex, sexual orientation, gender identity, religion, age, color; national origin, ancestry or disability; and (6) The Contractor shall include similar provisions in any subcontract under this Contract. (b) The provisions of this section shall not apply to this Contract if the Contractor: (1) Employs fewer than four employees during the term of this Contract; or (2) Contracts with the City for cumulatively $5,000 or less during the City's calendar fiscal year. 20. Administration of Agreement. All references in this Agreement requiring the City's participation or approval shall mean the participation or approval of the City Manager, unless otherwise provided herein. 21. Attorney Fees. If any suit or action is instituted by either party hereunder, including all appeals, the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non - prevailing party, in addition to any other amounts to which it may be entitled. 22. Right to Independent Legal Advice. The Contractor understands and acknowledges the right to have this Agreement reviewed by legal counsel of the Contractor's choice. 23. Applicable Law, Venue. This Agreement and its validity, construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be in the Saline County, Kansas District Court. 24. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any party. 25. Time. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m. of the next full business day. 26. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement, and that the execution and delivery of this Agreement have been duly and validly authorized by the governing body of each party. 28. Persons Bound. This Agreement shall extend to and bind the heirs, executors, administrators, trustees, successors and authorized assigns (if assignment is allowed under paragraph 12 of the Agreement) of the parties hereto. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, or in multiple originals, and all such counterparts or originals shall for all purposes constitute one agreement. 30. Amendments. Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver, or termination is sought. 31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 0 32. Conflict Resolution. No interpretation of this Agreement shall be allowed to find the City has agreed to binding arbitration. 33. No Third Party Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims under this Agreement. There are no intended third party beneficiaries under this Agreement, and no third parties shall have any rights or make any claims hereunder. 34. Typewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted or attached shall supersede all conflicting printed provisions. 35. Feminine -Masculine, Singular -Plural. Wherever used, singular shall include the plural, plural the singular, and use of any gender shall include all genders. 36. Headings. The headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 37. Merzer Clause. These tenns are intended by the parties as a complete, conclusive and final expression of all the conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or written, made before or at the signing thereof, shall be binding unless in writing and signed by all parties and attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. CITY OF SALINA, KANSAS By: Attest: Form: By: Norman M. Jennings, Mayor Lieu Ann Elsey, CMC, City Clerk Legal Counsel (name) (title) EXHIBIT A RESPONSIBILITIES OF THE PARTIES [INSERT Proposal as submitted by the Agency] A-1 EXHIBIT B TERM; SCHEDULE [Two year term, expiring December 31, .20.22] EXHIBIT C BASIS OF PAYMENT 1. Compensation: Specific amount to be determined by the City Commission; dependent on continued funding for the City from the Special Alcohol tax and only Up to the amount received by the City from Special Alcohol tax. Maximum Compensation - $ 2. Invoices None Required 3. Payment: To be made on a quarterly basis, as proceeds of the Alcohol Tax are received from the State of Kansas C -I EXHIBIT D INSURANCE REQUIREMENTS Pursuant to Section 6 of the Agreement, the Contractor shall obtain, pay for, and maintain and shall require each of its authorized subcontractors to obtain and maintain — for the duration of the Agreement, policies of insurance meeting the following requirements: Commercial General Liability Professional Liability, Errors and Omissions $500,000 Single Limit Coverage Workers Compensation --Statutory Certificate of Insurance is required, City of Salina named as additional insured D-1 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE E fl 4:Og 31 AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 7 BY: City Manager's Office FINAL APPROVAL: ITEM NO: 2 BY: Mike Schrage, City Manager BY: Page 1 ITEM: Campbell Plaza Redevelopment 1 Acquisition Request Discussion BACKGROUND: Restore Properties has submitted the attached proposal to the City of Salina for consideration regarding transfer of ownership, redevelopment and repurposing of Campbell Plaza in the downtown. For reference, Campbell Plaza is located on the east side of Santa Fe Avenue in the middle of the block bounded by Iron Street on the north and Walnut Street on the south. It is the plaza with the stage and canopy structure. Restore Properties owns the storefronts adjoining both sides of Campbell Plaza and they have indicated that they intend to redevelop both locations as restaurants and/or retail. They have requested that the City of Salina transfer ownership of Campbell Plaza to them in return for Restore Properties relocating the recently renovated stage structure to another location and completing the planned renovation of Campbell Plaza at no additional expense to the City. No additional compensation has been proposed. Staff has reviewed several possible locations to relocate the stage structure. The size and orientation of the stage structure precludes it from being located in other existing plazas in the downtown. Two options that were identified were either the parking lot in the southwest corner of Santa Fe and Ash Street (immediately north of Ad Astra) or placing it in storage to be incorporated in to the gathering space proposed to be constructed on 4th Street as part of the River Renewal project. A possible configuration for placement in the lot north of Ad Astra could allow for a combination of uses such as a stage for community events, a location for a farmer's market and public parking depending on the day of the week and/or the programming that is schedule at any particular time. Restore Properties also noted that they have been in contact with the organizers of the Kanvas Project to install murals on both of the exterior walls adjoining the plaza. City staff has discussed what could or should be done regarding the existing mural, if their proposal is approved by the City Commission. Preliminary thoughts are that the ori incl artist would definite/ be consulted, but the Cit has sufficient discretion AGENDA SECTION NO: CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE LIME 310 4:00 P.M. ORIGINATING DEPARTMENT: City Manager's Office FISCAL APPROVAL: BY: FINAL APPROVAL: ITEM NO: Page 2 BY: Mike Schrage, City Manager BY: and authority to allow the mural to be removed. A tribute could be developed such as a scaled down vinyl graphic of the mural with narrative about the mural and artist to be displayed at an alternate location. Restore Properties proposes to fence the plaza to control access outside of normal business hours while allowing public access to a portion of the plaza while it is in use for restaurant patrons. They have also indicated a willingness to accommodate City/SDI programming in the plaza. They noted that use and scheduling of the plaza would need to be compatible with their primary use and that many community uses could be complimentary to the adjoining restaurant uses. SDI has indicated that 15-20 events have occurred in a year's time in Campbell Plaza in the past prior to the 2020 pandemic. The proposed approach has understandably raised questions about whether the City has any obligation to solicit bids for the property. Staff has reviewed the applicable statutory requirements and cities are afforded considerable discretion without bidding or pricing requirements. The property does qualify as a park property that is subject to a public notice, petition and public election process. If a valid protest petition with signatures in number equal to 10% of the electors who voted at the last preceding regular election is submitted within thirty days of the City publishing its intent to dispose of the property a public election must be called. Based upon past election results, it appears that 772 valid petition signatures would be required to satisfy the 10% requirement. In their proposal letter, Restore Properties raised concerns about water damage to the private stucco walls adjoining the plaza at 123 S. Santa Fe and 129 South Santa Fe. They indicated that "There is substantial amount of water being directed towards the north wall of 129 due to the way the stage roof currently drains. The waters is running from the roof of the stage structure back towards 129 and going behind the brick wall with the mural. We have water damage along the building wall, mural wall, and the basement wall." Staff has researched this issue with a couple of findings. The plazas in the downtown are the result of the City purchasing private buildings and demolishing them to clear each lot and create a plaza The brick walls that were exposed by the demolition were originally interior walls which were not CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DAT0 4:00 P.M.P 3I2 AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: City Manager's Office FINAL APPROVAL: ITEM NO: Page 3 BY: Mike Schrage, City Manager BY: intended to be exposed to the elements. As part of the downtown redevelopment project in the mid-1980s, the City contracted with a design professional to develop a proposed solution and coordinated with the adjoining property owners for the property owners to privately contract for the work to be done to their building walls. The proposed design was shared with the adjoining private property owners, and they decided how they wished to proceed. The City agreed to reimburse them their costs. Thirty-five years later property owners needed maintenance and/or to replacement of the stucco exterior treatment Is revealing water damage d ue infiltration over the years at multiple locations. It appears that the approach taken was very deliberate with the intention of installation and maintenance responsibilities associated with the exposed walls being private responsibility with the City providing a financial reimbursement for the initial installation. With the passage of time, water infiltration has taken place in multiple locations and repair and maintenance has become necessary. With respect to the stage roof drainage, staff has reviewed the original plans, historic photographs and current field conditions and has been able to confirm that a gutter was installed at the edge of the stage roof between the stage and the adjoining building to capture and carry the water away. That installation was part of the original plans and took place at the time the stage was erected. It appears that the gutter receives runoff from the both the stage roof as well as the adjoining property at 129 South Santa Fe. There may be additional details associated with the collection of runoff as well as needed repairs and how they could best be performed that would need to be discussed between the City and Restore Properties if Restore Properties needs or wishes to perform repairs and maintenance on their building while Campbell Plaza is under City ownership. That -level of coordination is to be expected on adjoining downtown properties such as these. The work performed at 123 South Santa Fe adjoined Campbell Plaza on the north and it raised structural concerns about the wall that adjoined the plaza. Some of the demolition work associated with renovation of Campbell Plaza included elements that were physically in contact with the private wall, and it was apparent that contractors for the plaza renovation as well as the private improvements to 123 AGENDA SECTION NO: CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION TIME 3fD2fTE 4:00 P M. ORIGINATING DEPARTMENT: FISCAL APPROVAL: BY: City Manager's Office FINAL APPROVAL: ITEM Na: Page 4 BY: Mike Schrage, City Manager BY: South Santa Fe would need to be working in the plaza. Consequently, it was agreed by the City and our contractor that work on Campbell Plaza should be postponed until renovation of the wall was completed by Restore Properties. Renovations to the stage and lighting have been completed and work on the plaza has not commenced to any significant extent. Excluding the stage and lighting work, approximately $7,850 has been spent on Campbell Plaza. There is an estimated $159,626 worth of work remaining. As previously noted, Restore Properties has proposed to complete the plaza at their expense. They have proposed that the savings on Campbell Plaza could be redirected to development and improvement of an alternate site with the stage and canopy structure being moved at Restore Properties' Expense. An appraisal of the property has not been conducted. Saline County appraisal data indicates a current land value of $44,400 and a current building value of $64,450 for a total value of $108,940. A copy of the appraisal data is attached. Proposed Approach: As noted above, Restore Properties has proposed that ownership of Campbell Plaza be transferred from the City of Salina to Restore Properties. In return, Restore Properties would remove and relocate the stage structure currently in Campbell Plaza to another location of the City's choosing. Restore Properties would complete the balance of the Campbell Plaza work at their expense and would further privately improve and utilize the space. They intend to install decorative security fencing to secure the space and have agreed to allow public access in addition to the intended use of the space by restaurant patrons. If the governing body indicates a desire to agree to Restore Properties' proposal, it would be necessary to draft a formal agreement between the parties for formal authorization by the City Commission. Public Input: Staff has previously reported this proposal to the City Commission and direction was provided to solicit public input. The proposal was shared with Salina nmAintnwn Inc_ and considered by their Board of Directors. The SDI Board provided CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 3/22/2020 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: City Manager's Office FINAL APPROVAL: ITEM NO: Page 5 BY: Mike Schrage, City Manager BY: the attached letter of support noting key elements that were important considerations in their decision to support the proposal as well as identifying conditions that the City have a reversionary right or the license to use the plaza cease if the proposed use ceases and that there be a plan in place regarding public programming of the space. Staff also coordinated with SDI regarding notice to their members as well as notice to possible loft tenants. SDI maintains an email distribution list and a social media page directed to their business members. They also maintain addresses of possible residential locations for the purpose of administering downtown parking passes. Using SDI's mailing list, City staff sent a letter to the addresses believed to be possible residential tenant locations advising them of Restore Properties' proposal, upcoming consideration by the City Commission and how they could provide public input. Similarly, SDI sent notice to their members advising them of the proposal, City Commission consideration and how to provide feedback. Copies of the communications as well as the responses received as of the afternoon the City Commission packet was prepared (Thursday, March 18t') have been attached. No comments were received by the City at the time this staff report was distributed. The packet will be supplemented with any additional feedback received on Monday morning. Alternate Approaches. In other similar instances, license agreements and reversionary interests have been utilized. A reversionary interest fully transfers title to an owner affording them full ownership, control and responsibility with agreed upon conditions under which ownership would revert to the City if those agreed upon conditions occurred. In this instance, it would be possible that there be an agreed upon use or uses of the parcel and discontinuation of those uses would invoke reversion. It is noteworthy that Restore Properties has proposed considerable investment in moving the stage and finishing the plaza renovations that could be considered at risk on their part if they discontinued their intended use(s) and reversion were `_ invoked. AGENDA SECTION NO: ITEM NO: Page 6 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 3/22/2020 4:00 P.M. ORIGINATING DEPARTMENT: City Manager's Once BY: Mike Schrage, City Manager FISCAL APPROVAL: BY: FINAL APPROVAL: BY: More frequently, the City enters in to license agreements whereby private parties are given permission to use and/or install improvements on City property subject to revocation of the agreement by the City when it is deemed to be in the public interest to discontinue the license agreement. FISCAL NOTE: As previously noted, Restore Properties has proposed relocating the stage and completing renovation of Campbell Plaza in return for receiving ownership of the Campbell Plaza property. The Saline County Appraiser's current appraised value for the site is $44,400 for land and $64,540 for building. A considerable amount of specialty lighting, decorative metal panel and overhead structure work has been completed which would remain or be relocated. Site work within the plaza has been postponed with approximately $8,000 of expense incurred to date. Restore Properties has suggested that the remaining budget for Campbell Plaza work of $159,626 could be repurposed for site renovations at an alternate site location for the stage structure. Detailed designs and cost estimates for an alternate location have not been prepared. There is not direct financial compensation identified as part of Restore Properties proposal. Utilization of the funds currently allocated for Campbell Plaza at an alternate downtown location is possible or the downtown debt could be reduced by a corresponding amount. Detailed plans and cost estimates for an alternate location and design have not be prepared. COMMISSION ACTION OR RECOMMENDED ACTION: At this time, preliminary direction is requested of the City Commission. Depending on the direction provided, a detailed agreement, reversionary interest or license agreement would need to be prepared in coordination with Restore Properties for further City Commission consideration and authorization. Staff has identified the following possible approaches for the City Commission's consideration: 1.) Vote to instruct staff to prepare an agreement to transfer ownership as proposed by Restore Properties. 2.) Vote to instruct staff to pursue transfer of ownership with additional conditions or restrictions that the City Commission deems appropriate. 3.) Vote to instruct staff to pursue an agreement format including a reversionary interest and including any other conditions the City Commission deems appropriate. 4.) Vote to instruct staff to pursue a license agreement format including any other conditions the City Commission deems appropriate. 5.) Vote to decline Restore Properties proposal and retain public ownership and use of Campbell Plaza. CITY 4F SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 3/22/2020 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: City Manager's Office FINAL APPROVAL: ITEM NO: Page 7 BY: Mike Schrage, City Manager BY: Transfer of ownership as proposed by Restore Properties is lawful and within the authority of the City Commission. This request involves many subjective public considerations surrounding the best and most appropriate use of the space and what constitutes appropriate compensation for the requested property as well overall planning considerations for public spaces and programming in the downtown. Staff has attempted to provide sufficient information and solicit public input in order for the City Commission to make a fully informed decision. Staff is prepared to facilitate whatever approach the City Commission prefers and can prepare detailed recommendations regarding agreement terms and conditions, etc. once initial policy direction is provide. Staff does not have a definitive initial policy recommendation recognizing the subjective nature of this decision. CC: Salina Downtown Inc. Restore Properties Attachments: Restore Properties Proposal Campbell Plaza Location Map K.S.A. 12-1301 re: Sales or Exchanges of Park Lands Saline County Appraisal Data SDI Letter of Support Letter to Potential Loft Residents and Feedback SDI Notice to Members and Feedback Restore Properties 210 E. Walnut Suite 100 Salina, KS 67401 November 13, 2020 Mr. Mike Shcrage City of Salina, KS 300 W. Ash Street Salina, KS 67401 Dear Mr. Schrage, Restore Properties is requesting from the City of Salina to consider the following proposal regarding Campbell Plaza, located between 123 and 129 S. Santa Fe. Restore Properties would like to privatize and take ownership of Campbell Plaza. We own both buildings on either side: 123 S. Santa Fe and 129 S. Santa Fe. 1. The stucco walls that were originally placed on both the south wall of 123 S. Santa Fe and the north wall of 129 S. Santa Fe became faulty with years of moisture trapped behind the stucco causing the brick to deteriorate. This was evident on 123 S. Santa Fe and the wall had to come down. We believe this is currently happening on 129 S. Santa Fe as well. There is substantial amount of water being directed towards the north wall of 129 due to the way the stage roof currently drains. The water is running from the roof of the stage structure back towards 129 and going behind the brick wall with the mural. We have water damage along the building wall, mural wall, and the basement foundation wall. 2. Restore Properties will remove and relocate the stage structure to a new location in the Salina Downtown. a. This will allow us to repair the wall at 129 S. Santa Fe b. We will complete the balance of construction in the plaza at no additional cost to the City 3. Once the stage is removed and the walls are repaired the plan is to use the north and south walls of the plaza for the Mural Project. We have been in contact with Travis Young about the Kanvas Project and have plans in place to complete large murals on both facades 4. With privatizing Campbell Plaza, we will install a fence to close the plaza off so the space can be operated by the new restaurant that is planned to go into 123 S. Santa Fe. The restaurant will provide full-service food and alcohol in the plaza. The fencing will be open for public pass through traffic during business hours. There will also be a designated area available for public use during business hours that is separate from the restaurant seating. The parking area to the East will be accessible during business hours as the gates will be open and closed off and locked at night. 5. The plaza area will also be made available for City programming as needed and scheduled through the plaza operator. Thank you for your consideration in this proposal and are excited to get this project moving forward. Sincerely, (few Restore Properties L� t%Q colt Wr�trr�►-� 117 -IN7 uY -116 pp a , G". Cayce MALPS Iron Ave: 's IFu 4A ►� ! Campbell • I .R �. Plana ,r. n -� �•_ r. .a. .�� -� }-.. � .s= '' /fir •_at� iRL='�+. ^ � 1.11 � t Y I�' .,,� y M. #t#;� it s- _ �n icF j� IIS:. wain�E ; tip- s -MW 2020 Kansas Statutes 12-1301. Land for park purposes; sales or exchanges in connection with parks; use of moneys; notice; protest; election; validation of prior sales and conveyances. Any City may acquire by purchase, or lease or may take options upon, land within or without the limits of said city to be used as a public park for the use and benefit of the people of said city. Any city may trade or exchange any public park, public square or market square which it may own, or any portion thereof, for other land to be used for similar purposes, or may sell the same. Any such sale heretofore made is hereby confirmed, legalized and declared to be a valid sale and conveyance. Before making any such trade or exchange or sale, the city shall first publish notice of such proposal in the official city paper once each week for two consecutive weeks upon the same day of the week and, if within thirty (30) days from the date of the last publication there has not been filed with the city clerk of such city a protest signed by qualified electors of such city equal in number to not less than ten percent (10%) of the electors who voted at the last preceding regular city election as shown by the poll books, such city may make such sale, trade or exchange. In the event such a petition is filed with the city clerk within the time prescribed above no such sale, trade or exchange shall be made until the governing body shall be instructed so to do by a majority of all the votes cast on this proposition at a regular or special election. Any election required as herein provided shall be called and held as provided by law for bond elections. History: R.S. 1923, § 12-1301; L. 1939, ch. 97, § 1; L. 1941, ch. 107, § 1; L. 1947, ch, 121, § 1; L. 1965, ch. 106, § 1; L. 1976, ch. 77, § 2; April 8. 3148/2021 https:/lwww.saline.org/DesktopModules/SalineCounty/ParcelSearch/SearchResultsDetailPrint.aspx?PropertylD=5710&LN=False&CTY= 0%vner Nance and Mailing Address Owner Name: SALINA CITY OF (WALKWAY) Quick Ref: 85710 Owner Address: PO BOX 736 SALINA, KS 67402-0736 5683256 General Property Infornla00n Property Situs Addr / Tract liesc Property Number: 085-086-13-0-20-12-014.00-0 Property Address: 00000 S SANTA FE AVE, Salina, KS 67401 Legal Description: ORIGINAL TOWN OF SALINA, S13, T14, R3, Lot 121 SANTA FE AVE Tax Property Living Zoning Neighborhood Map / Unit Class Units Rooting Group Commercial 505 086 010 & Industrial Market Land Information Method Type Syft Primary Site - I Current Appraised Value ACSF Eff FF Depth 6000 Previous Appraised Value Class Land Building Total Class Land Building Total E 44,400 64,540 108,940 F 44,400 71,200 115,600 Total 44,400 64,540 108,940 Total 34,400 71,200 115,600 Parcel Based Other Building Improvements Site Improvements Occupancy Site Improvements Area 10 Physical Condition Normal/AV MS Class C Perimeter Functional Nortnal/Average Rank/Quality Average Wall Height 8 Economic Quantity I Length OVR% LBCS Strue Width Year Bit 1970 Stories I RCN 43,904 Eff Year Percent Good 40 Assmt class 5683269 Site Improvements Improvement Components Site Improvements Occupancy Site Improvements Area 10 Physical Condition Normal/AV MS Class C Perimeter Functional Normal/Average Rank/Quality Fair Wall Height 9 Economic Quantity I Length OVR% LBCS Struc Width Year Bit 1970 Stories 1 RCN 108,250 https://www.saline.orgIDesktopModules/SalineCountyParoelSearch/SearchResultsDetailPrint.aspx?PropertylD=5710&LN=False&CTY=2020&ATYC=. 112 3/11812024 https://www.saline.org/DesktopModules/SalineCounty/ParcelSearch/SearchResultsDetailPrint aspx?Property ID=571®&LN=False&CTY= Eff Year Percent Good 40 Assmt class 5683273 Site Improvements Improvement Components Site Improvements Occupancy Site Improvements Area 10 Physical Condition Normal/AV MS Class C Perimeter Functional Normal/Average Rank/Quality Average Wall Height 8 Economic Quantity 1 Length OVR% LRCS Struc Width Year Bit 2014 Stories 1 RCN 7,669 Eff Year Percent Good 48 Assmt class 5683276 Site Improv=ements Improvement Components Description Units Percent Area Other Rank Year Added Outdoor Floodlight, Mercury Vapor 4 Outdoor Lighting Pole, Steel 12 4 Description Units Percent Area Other lJoits Rank Year Add Outdoor Floodlight, Mercury Vapor 4 Outdoor Lighting Pole, Steel 12 4 https://www.sa line.org/DesktopModules/SaIineCountyiparoelSearch/SearchResuItsDetailP rine.aspx?PropertyID=5710&LN=False&CTY=2020&ATYC=.. 212 71 �I, 1IlIjII�I1uhIIilI"rflrljit�lIlMl�llIlyul111jlI��\l'��Il11il!�� -o" �1lhrUAl rlll� r - 67401 .. ... ..iP: 785-825-0535 salinadowntownicorn hA L I NA f 0 W N T 0 VV N Mike Wilson February 1, 2021 ComPro Realty President Cassie Streit Stick it With Streit Vinyl Graphics Sandblasting Board of Commissioners Vice President City Of Salina City 300 West Ash Wayne DeBey Salina, KS 67401 The Flower Nook Treasurer Stuart Hieger RE: Campbell Plaza Redevelopment Proposal Wedel Financial Group Secretary Dear Commissioners, Mindi Davidson First Sank Kansas I write on behalf of Salina Downtown, Inc. and the Board of Advisors for Business Past President improvement District #1. We recently reviewed a proposal from Restore Properties at our last Board of Advisors meeting on January 21'`, whereby Restore Properties indicated Karie Bogart Flipping Fabulous an interest to repurpose and obtain a right to use Campbell Plaza in connection with a business operating from an adjacent building. Larry Bunker Peaceful Body Wellness Retreat Although some of our members voiced concern with accessibility (Le., permitting use of Scott Guest the plaza as a means of connection between Santa Fe and 5`" Street), the Board of Property owner Advisors ultimately supports the redevelopment project as proposed. The support stems from a few key elements included within the proposal, including: Terry Hauschel Salina Regional Health Center Restore Properties' commitment to pay for the removal of the current stage and Lee Legleiter construction of a new stage, which we Understand would be placed north of Ad Rocky Mountain Advisers, LLC Astra Coffee and Books. Jenn Reitz * Assurances that the gates to the plaza would be unlocked during normal Homewood Suites by Hilton business hours, and, in all likelihood, several hours before and after such time. • An increase in outdoor dining space in the downtown. Jacob Wilson Restore Properties The Board also made clear that its support was contingent on future commitments by Restore Properties, which are as follows: • If the plaza were no longer used in the same fashion by the adjacent building tenant or future tenant, then the City of Salina would have a reversionary right to the property or the license for use of the plaza by Restore Properties would terminate. Penny Bettles a Alan for facilitating use of the plaza space by the public, SDI and/or other p Salina I3owntowo, Inc. Fxecutive Director cultural entities for entertainment and programming purposes. 1 `'t � Ilii llll�fl I�I�11i�111 � � A: 120 W. Ash Street Salina, K5 67401 E: gosalina@saiinadowntown.com P: 785-825-0535 W: salinadowntown.corn Public programming is a large part of Salina Downtown Inc.'s mission of "championing o healthy and vibrant downtown community" and we are optimistic that with the addition of the proposed stage at the 67401 Plaza, and the proposed reuse of Campbell Plaza that we can expand and grow our programming and events in the future, which will benefit downtown as a whole. Thank you for your consideration. Respectfully, Penny Bettles, on behalf of the SDI/BID Board of Advisors Executive Director bettles salinadowntown.com cc: Mike Schrage, City Manager 2 CITY MANAGER'S OFFICE Michael D. Schrage City Manager 300 West Ash • P.O. Box 736 Salina, Kansas 67402-0736 March 12, 2021 Resident 1121/2N. Santa Fe Ave. Salina, KS 67401 Dear Downtown Resident, Ckya ti Salina TELEPHONE • (785) 309-5700 FAX (785) 309-5711 TDD (785) 309-5747 E-MAIL • mike.schra a salina.or WEBSITE • www.salina-ks.gov am writing to you to because the City of Salina has received a proposal for private redevelopment of Campbell Plaza in the downtown that may be of interest to you. We have coordinated with Salina Downtown Inc. to provide notice to their business members as well as distribute social media posts to the general public. You are receiving this letter as a possible residential tenant in the downtown that might not have received or seen an update from other sources. For reference, Campbell Plaza is located on the east side of Santa Fe Avenue in the middle of the block bounded by Iron Street on the north and Walnut Street on the south. It is the plaza with the stage and canopy structure. Restore Properties owns the storefronts adjoining both sides of Campbell Plaza and they have indicated that they intend to redevelop both locations as restaurants. They have requested that the City of Salina transfer ownership of Campbell Plaza to them in return for Restore Properties relocating the recently renovated stage structure to another location and completing the renovation of Campbell Plaza at no additional expense to the City. No additional compensation has been proposed. Placing the stage structure in the parking lot in the southwest corner of Santa Fe and Ash Street (immediately north of Ad Astra) has been identified as a possible location, but no definitive decision or commitment has been made. In that configuration, the stage and lot could be utilized for a combination of uses such as a stage for community events, a location for a farmer's market and public parking depending on the day of the week and/or the programming that is scheduled at any particular time. Restore Properties also noted that they have been in contact with the organizers of the Kanvas Project to install murals on both of the exterior walls adjoining the plaza. City staff has discussed what could or should be done regarding the existing mural, if their proposal is approved by the City Commission. Preliminary thoughts are that the original artist would definitely be consulted, but the City has sufficient discretion and authority to allow the mural to be removed. A tribute could be developed such as a scaled down vinyl graphic of the mural with narrative about the mural and artist to be displayed at an alternate location. Restore Properties proposes to fence the plaza to control access outside of normal business hours while allowing public access to a portion of the plaza while it is in use for restaurant patrons. They have also indicated a willingness to accommodate City I SDI programming in the plaza. They noted that use and scheduling of the plaza would need to be compatible with their primary use and that many community uses could be complimentary to the adjoining restaurant uses. The proposed approach has understandably raised questions about whether the City has any obligation to solicit bids for the property. We have reviewed the applicable statutory requirements and cities are afforded considerable discretion without bidding or pricing requirements. The property does qualify as a park property that is subject to a petition and referendum process if a valid protest petition is submitted within thirty days of the City publishing its intent to dispose of the property. Before proceeding further, the City Commission wanted to provide advance notice to downtown merchants and tenants. This request has been placed on their March 22nd agenda for further consideration. City staff will provide the City Commission and the public a detailed report regarding this proposal. The report, included in the commission packet forthe March 22nd meeting, will be available to view online by 6 p.m. on Thursday, March 18 by going to www.salina-ks.gov/city government/city commission/current agendas & minutes. The packet also has instructions for joining the March 22nd meeting via Zoom, or you can attend the meeting in person at 4:00 p.m., room 107 in the City/County Building. If you are unable to attend in person or via Zoom and you wish to provide your feedback to the City Commissioners, you can email them atcitycommission@salina.org salina.org by 5 p.m. Sunday, March 21, or mail them a letter to City Commission, 300 W. Ash Street, Salina, KS 67401. Should you have any questions, please contact the City Manager's Office at 785-309-5700. Thank you. Sincerely, Michael D. Schrage City Manager Campbell Plaza Redevelop mentconversation on the private group, Salina Downtown Merchants. Penny Betties posted the post on 03-15-2021 at 3:15 PM. This is the conversation through 03-18-2021 at 1:03 PM Salina Downtown Merchants 1 Penny Betties ... Admin Q 22i- e • CAMPBELL PLA7_A... SHARE YOUR INPUT! Bare with me, this is long! After reading the below information, feel free to email me with your comments/opinions, pbettles@salinadowntown.com, by S:00 PM, Sunday, March 21st. You are more than welcome to share your thoughts directly to city commissioners at citycommission@salina.org. I will gather all information collected and share them with commission and city manager as well. City of Salina has recently received a proposal for private redevelopment of Campbell Plaza in the downtown district that. For reference Campbell Plaza is located on the east side of Santa Fe Avenue in the middle of the block bounded by Iron Street on the north and Walnut Street on the south. It is the plaza with the stage and canopy structure Restore Properties owns the storefronts adjoining both sides of Campbell Plaza and they have indicated that they intend to redevelop both locations as retail and a restaurant. They have requested that the City of Salina transfer ownership of Campbell Plaza to them in return for Restore Properties relocating the recently constructed stage structure to another location. They will then complete the renovation of Campbell Plaza at no additional expense to the City. No additional compensation has been proposed. Placing the stage structure in the parking lot in the southwest corner of Santa Fe and Ash Street (immediately north of Ad Astra) has been identified as a possible location, but no definitive decision or commitment has been made. In that configuration, the stage and lot Salina Downtown Merchants Salina Downtown Merchants Z commitment has been made In that configuration, the stage and lot could be utilized for a combination of uses such as a stage for community events, a location for a farmer's market and public parking depending on the day of the week and/or the programming that is scheduled at any particular time. Restore Properties also noted that they have been in contact with the organizers of the Kanvas Project to install murals on both of the exterior walls adjoining the plaza City staff has discussed what could or should be done regarding the existing mural, if their proposal is approved by the City Commission. Preliminary thoughts are that the original artist would definitely be consulted, but the City has sufficient discretion and authority to allow the mural to be removed. A tribute could be developed such as a scaled down vinyl graphic of the mural with narrative about the mural and artist to be displayed at an alternate location. Restore Properties proposes to fence the plaza to control access outside of normal business hours while allowing public access to a portion of the plaza while it is in use for restaurant patrons. They have also indicated a willingness to accommodate City / 5 D programming in the plaza. They noted that use and scheduling of the plaza would need to be compatible with their primary use and that many community uses could be complimentary to the adjoining restaurant uses There will be a public walk-through for residents and pedestrian traffic to utilize during normal business hours. The proposed approach has understandably raised questions about whether the City has any obligation to solicit bids for the property. We have reviewed the applicable statutory requirements and cities are afforded considerable discretion without bidding or pricing requirements. The property does qualify as a park property that is subject to a petition and referendum process if a valid protest petition is submitted within thirty days of the City publishing its intent to dispose of the property. is submitted within thirty days of the City publishing its intent to dispose of the property. Before proceeding further, the City Commission wanted to provide advance notice to downtown merchants and tenants. This request has been placed on their March 22nd agenda for further consideration. City staff will provide the City Commission and the public a detailed report regarding this proposal. The report, included in the commission packet for the March 22nd meeting, will be available to view online by 6 p.m. on Thursday, March 18 by going to www.salina-ks.gov/city govemment/city commission/current agendas & minutes. The packet also has instructions forjoining the March 22nd meeting via Zoom, ar you can attend the meeting in person at 4:00 p.m., room 107 in the City/County Building. If you are unable to attend in person or via Zoom and you wish to provide your feedback to the City Commissioners, you can email them at citycommission@salina.org by 5 p.m. Sunday, March 21, or mall them a letter to City Commission, 300 W. Ash Street, Salina, KS 67401. Please let myself. Penny, or Mike Sch rage know if you have any questions. Thank you! Penny Bettles - 785.625-0535 - pbettles@salinadowntown.com Mike Schrage - 785-309-5700 S 5 Salina Downtown Merchants Salina Downtown Merchants lira Loader Sounds good. 0 Like Reply Andrea Pfeifer So Restore Properties wants the City to give them public park property so they can, in turn, use it for private personal gain? But, if it is convenient for them and fits into their calendar, they will let SDI/City use the space once they eliminate everything that makes it a public entertainment venue? Like Reply 21a Ea Quinn Snyder Exactly what Jake said Being the retail business on one side of Campbell Plaza I've talked to Jacob and the restore group many times about some really great ideas for that area that would never get done if it was the city alone. I think it would be a wonderful improvement to the Dlazal Like Reply 19r' OJ 2 T' Peggy Dewy I am going to have to think about this for a while, I am not for sure the same atmosphere of this stage area having so many events, etc) can be duplicated somewhere else. This was the perfect spot for people to stop at as they were shopping, going to the Stiefel, and more. I guess i would like to know for sure where the relocation will be. Like Reply 14h Qk Lillian Phillips ' Peggy DeBey I agree with you, I need to think Lithan Phillips ` Peggy DeBey I agree with you, I need to think about this. My first reaction is no, but am willing to think about it. I have reservations about giving the pIAAA to them. Like Reply 17I' Lillian Phillips That should say plaza, lol. My dog jumped in my lap. Like Reply 17r. is 'Write a reply... Gary Martens Maybe the city should lease the space rather than give it to them permanently. What happens when the property is sold and the next owner has different ideas? 3 Like Reply 17i- Edited Karen Bonar Gary Martens this Also- 1 like having the cut through plazas eta to gain access to parking lots. Will the possible new stage location remove more Parkina from downtown? Like Reply 17h M ' Andrea Pfeifer Karen Bonar I would worry about losing more long term parking the 140 block also 02 Like Reply 151- Salina Downtown Merchants 6 Salina Downtown Merchants redstu arlu nut Just yrvell dwey. r,nu meds& rmu dnumer (D 2 dedicated event space, not an 'all purpose" space that is Like Reply 15h really just a parking tot! _ Write a reply... C `" iG a Like. Reply 17h Lori Perez N Andrea Pfeifer -' Gretchen Boyum you are correct on the language 1 have had mixed feelings about this for a while now. I am seeming week a 'partnership' level. Campbell interested in hearing everyone's point of view on this, plaza has become a great venue for smaller sized C)1 Like Reply 17h Ed ted community entertainment events including several of SDIs own events. And you are right, a parking lot Tyler Gallagher I think its great if they want to buy the area out and is not a venue. privatize Campbell plaza. Lots of good things can come Like Reply 151h out of it plus it takes the responsibility from the city for Write a reply-.. Q d "` maintenance and security. I just hope they can repurchase the stage since it was just redone...a public event space was really nice to have too. Kane Bogart 01 ' If we're giving away property, I'm calling dibs on the old Like Reply 17--. Happy's building. I don't mean to be snarky, but what is ' Gretchen Boyum the city's valuation of that property? With the millions "Indicated a willingness to accommodate" events does that will be (and have been) poured into the area, it not sound like partnership language to me, Plus moving seems a missed opportunity to not lease it to them, that the events stage to a parking lot? Really? Makes it sound way when ownership inevitably transfers, the city like the community is going to lose a real great gathering maintains control. They could even do a 5 year lease to spot for public events. It will probably move ahead and him. My instinct is to object, and only 7 days before the space will be privatized, but I agree with some of the (.larch 22 doesn't seem reasonable. comments that it should be at least bought outright or 05 I leased and not just given away. And please find another Like Reply 16, dedicated event space, not an "all purpose" space that is 46 Tony Dong _ realty just a parking lot!' Karie Bogart I'll take Oakdale park. Rents going up 0 ; for river fest. Like Reply 17r. L Andrea Pfeifer Like - Reply 21 ni `- Gretchen Boyum you are correct on the language Kane Bogart InrJll�.c,�n4gF�^9.Act?9'szKw35'�'�:akQKi�i4hpv2wzQvgkingLr}z4YE-MY++�K1YukM'rJEvRdyi2vT-poFCtFT Salina Downtown Merchants Karie Bogart T • Can i have Sfrand Plaza? E Like Reply 16,. Kevin Rome So I'm having a hell of a time trying to get my sidewalk patio approved!!! I would love to take over Campbell plaza with no additional expense to the city!! I will call BS on this they need to work with what they got just like we all do?!maybe we need to think about all of us bar and restaurant owners that have been downtown for the last well since 96! 02 Like Reply 15, ' Tony Dong • I had the same issues with my patio Kevin. It was literally a four year ordeal, it's pretty offensive, 01 Like Reply 14+, iffib Kevin Rome Tony Dong for sure I don't jerk anybody off! Just because you're a doctor or someone building a property downtown is a bunch of s*** they need to go what we went through with no streets for 2 years and covid and then come talk to us 01 Like • Reply 13 ; Karie Bogart t Tony Dong I'm offended for you! Like Reply 59m Write a reply... Salina Downtown Merchants Wi Lisa Lambton Roelofsen • Actually Cassie Ballou Streit I have seen that throughout downtown at one time or another. So sad, but it is getting much better. Like Reply 5t Cassie Ballou Streit I'm glad you feel it's getting better, I think it might be too, and we can owe that to continued growth and development that makes downtown a vibrant destination[ t1* Like Reply 5� Lisa Lambton Roelofsen • There have been actual syringes in the area behind my store. Like Reply 5' Chrisi Pierson Lisa Lambton Roelofsen Cassle Baliou Streit I've had to clean up feces & urine in the area behind PB&J, run off a homeless man from harassing customers, and regularly find clothing and personal items discarded. it's no park there obviously but my point is that this stuff exists in many areas downtown. Like Reply 5❑ 't Cassie Ballou Streit Your 100% it does happen every where. I'm so sorry you have had to deal with that, we often have human poo in the back of Strand plaza of in the trash corals too. I just think it would make a NIW,,tpr.ggFsh9hnt 93zK•"v55Vy%-,44Kicti4hpv2svzoVaHnoCaz4YE-F1•lh'nK1Yzaid=','E+,P�dvRvfi-peFS iF Salina Downtown Merchants 9 Lisa Lambton Roelofsen • Okay, I have typed and deleted so many responses to this (some of which I would have been ashamed to post ,. ), "Transfer ownership". That for sure needs further explanation. I mean can scream NO FAIR, but that seems childish. Like Reply en Lisa Lambton Roelofsen • But, it really doesn't sound fair..... just saying Like Reply En Lisa Lambton Roelofsen • Also, will there be property taxes on property qualifying as park property? If that property is generating revenue, will it be re -zoned? I personally pay a ridiculous amount of property taxes for the privilege of having my business downtown. �t Like Reply Eh Chrisi Pierson I wondered that also. i assume there would be property taxes if owned by a private entity. 1 Like Reply Sh Lisa Lambton Roelofsen • 1 am all for having a vibrant downtown, it benefits all. I do however feel like the playing field should be level for all. 01 tike Rely 5!1 Lisa Lambton Roelofsen • Actually Cassie Ballou Streit I have seen that throughout Salina Downtown Merchants 11 r Cassie Ballou Streit Your 1013% it does happen every where. I'm so sorry you have had to deal with that. We often have human poa in the back of Strand plaza or in the trash corals too. I just think it would make a difference if one of the hot spots was under private control, but I do see your point and I do understand that it would just move it to a different area. (And since I've been working with the homeless population and area assisting organizations, I realty feel that it would help funnel some people into their offices for help. Different topic, entirely different million comment thread.) I stilt think it would be a good change. I don't think anyone can sway me, But I do see a lot of great questions being asked, that I do think should be answered. Like Reply 5n Write a reply. a i 1 9 Cassie Ballou Streit • In the last 5 years let me tell you what I have seen, regularly at the Campbell Plaza stage: -Sexual ads between adults -The Fire Department hosing blood off the stage after fights -Homeless people sleeping/camping for days -Drug deals -Drug use 4IMcpn=9gFuh4hxtZg3zK+•.55V}%�*QKigl4hpv2vr(;VgHna �.cz4l 'E- M'v: r Kl1 zakH"JEt Rdyrrvt-pbfCl Salina Downtown Merchants 12 Salina Downtown Merchants 13 -Sexual acts between adults -The Fire Department hosing blood off the stage after fights -Homeless people sleeping/camping for days -Drug deals -Drug use -People under the influence, harassing shoppers or residents walking through on their way to and from the parking lot -Concerts that were amazing, but that were left nc room for lawn chairs or dancing, many that I have watched from the alley. If private ownership can help clear away some of the negative, and provide space for performances to still happen, I'm 300%for that! Just looking at the drawings I see lights in the center of the plaza, that will be nice for people walking to the ••• parking lots after work, or maybe walking from Santa Fe to the Car Museum. Restore believes in the vision that the streetscape projected, they purchased properties that were in pretty rough shape (my company demoed some of them) and made them into tax generating properties again. They know what downtown has been through. I agree that ownership should transfer back to the city IF anything were to happen to Restore. I've sent an email of full support to Penny as she requested in her post, and I would encourage everyone to do the same. If you really feel legitimate reasons for this to not happen, I would encourage to ask the questions, revaluate with the answers, and if you still feel the same, I can, of course, respect your opinion as I hope you will respect mine. We really have been throw h so much in the past 3 years, Salina Downtown Merchants 14 Like Reply 5n Edied Lisa Lambton Roelofsen Again Cassle Ballou Streit, I am all for improving downtown. It is the privatization of park property that concerns me. Like Reply 5h 01 1 Cassie Ballou Streit 1 can understand what your saying, and I do like your question about how taxes would work. I would hope that it would be able to help with our 1% that we are paying into the CID. Which would make me even more in support, but I don't have that answer. Just know, that if you do have the chance to purchase a park area in the future and make it a functioning space for yourself while allowing for public use as well, and that all works to make downtown just that more welcoming to the people we need to welcome (shoppers/diners) I will stand behind you! Like Reply 5n Lisa Lambton Roelofsen ` And.,....... IF said property was "transferred" to me it would be in my own best interest to make improvements You are kind of making this sound ••• like Restore Property is doing this as a public service. Is that the case? I am actually asking that for real. Maybe I am looking at this all wrong. 01 Like Reply 5i Cassie Ballou Streit I rPaliv feel that thr+v are doinn this to makrp it �rdI M.A: n..GnL„hQr.N7A2�K,.,SSV,.w4ftfC�.slLhn,.�...+fY`JrN.snl"n�aYF-F.AW.YI VysLR.',£F.,G.�vR.r-n++Lr';^ I YC 7C111 all Ellla,. VF lull JVFJFVI I LV rClllly a] Zl,C requested in her post, and I would encourage everyone to do the same. If you really feel legitimate reasons for this to not happen, I would encourage to ask the questions, revaluate with the answers, and if you still feel the same, I can, of course, respect your opinion as I hope you will respect mine. We really have been through so much in the past 3 years, and done so wonderful at lifting each other up as a downtown district, I hope we can keep doing that! Like Reply 5� [d ted 1 Lisa Lambton Roelofsen • Fair enough Cassie Ballou Streit but should I, or any other building owner be given the area near their businesses because there are unsavory things happening nearby? Like Reply 5'- Cassie Ballou Streit If you had the power to make improvements to said area, keep it an open option to public use, and the city were willing to work with you on it, I would say, why not? If it made our downtown better, l would 100% have your back! Why not try? Worse case the city takes it back and you can say you at least tired, right? Like Reply 5h Exted Lisa Lambton Roelofsen ` Again Cassle Ballou Streit, I am all for improving downtown. It is the privatization of park property that concerns me. _ � 1 INIMcpnWuh4hxtZg3zKw5SVy,YkQKigl4hpv2wzOVgHngCaz4YE-NlWnK1YzakP.VEvRdyRvT-pgFQti L"e - I( AIDES,4 Homepage , Reel - Present yc-',. J eLEGt !ape LS— .-_ w% fe 15 Salina Downtown Merchants like Restore Property is doing this as a public service. Is that the case? I am actually asking that for real. Maybe I am looking at this all wrong. 01 Like Reply Sh Cassie Sailou Streit I really feel that they are doing this to make it better for downtown! I think their vision is nothing more than an improvement on a current situation! They would be accountable for improvements to the space, and maintaining those improvements. The city would no longer have money spent on things like electrical and upkeep, it would all fall on Restore. The perk for them is that it gets to Flow with the design that they have in the two buildings on either side of the plaza, so it will Flow better for their tenants. But honestly, that's the only perk I see in it for them. The rest of it, I see as them giving the community an upgraded space, AND paying to move the existing space to a neva location for even more entertainment opportunities. (and I could be wrong, but I think the city picked that space,) If it wasn't for the general public, why would they pay to move everything and pay to rebuild in the vision they have for the space? Like Reply 5� Chris] Pierson lets have the property valued and wed all know what the perk is worth. I'm not against their use of the space, but they should purchase it. Not be gifted. Salina Downtown Merchants 16 gifted. Like Reply 4 Cassie Ballou Streit ' Maybe we should know the cost of relocating the current structure as well and we could see if it were being gifted or actually being paid forjust not in the traditional sense? I think you have a good question/point in there, Like Reply 4�i Write a reply... Q 2 uF U Chrisi Pierson I've stewed on this all night. And a couple thoughts: I absolutely agree with the others that this is NOT the way things should be done. At a bare minimum, bids should taken. And more time and publicity of this should be allowed. This IS giving a public property away to a private entity at its core. As for use of the space, I feel this is THE most used downtown plaza and should remain public property for public use in making downtown a vibrant, interesting, enriching place to be, I do like the idea of outdoor dining for the restaurant but think it should be treated no differently than any other outdoor dining such as with Martinellis, Yayas, Seraphim, Dagneys, etc. I feel a lease of some of that Campbell space is more than generous for that. Cassle Ballou Streit I would say to your comment on the atrocities you've seen there that many other places downtown suffer those same plights and that is an 32 Salina Downtown Merchants 0. Write a reply.. 17 O � SIF Chrisi Pierson I've stewed on this all night. And a couple thoughts; I absolutely agree with the others that this is NOT the way things should be done. At a bare minimum, bids should taken. And more time and publicity of this should be allowed. This fS giving a public property away to a private entity at its core. As for use of the space, I feel this is THE most used downtown plaza and should remain public property for public use in making downtown a vibrant, interesting, enriching place to be. I do like the idea of outdoor dining for the restaurant but think it should be treated no differently than any other outdoor dining such as with Martinellis, Yayas, Seraphim, Dagneys, etc. I feel a lease of some of that Campbell space is more than generous for that. Cassie Ballou Streit I would say to your comment on the atrocities you've seen there that many other places downtown suffer those same plights and that is an entirely different problem that needs addressing — developing Campbell would likely not change much of it and if it did, it would only shift the problem to other areas. And it really has nothing to do with whether a space designated as a public park should be turned over to private entity without any compensation, bid process, public vote, etc. The more I write, the morel feel this is craziness that our city leaders would consider such a transaction. 03 Like Reply 5h Write a reply.. Q "(-) nI F S Write a comment... rad _ 1-cpn9gfuh9hxtZ93aKvrSSVyavkQ��SGhpvZeszC<�HngCqz�i'E-PJiwnKlizakH'':EvRdyR.•i-pSf-Oif 18 Salina Downtown Merchants 19 Salina Downtown Merchants Lassie Ballou Strelt 1 would say to your comment on the the 22nd. I'm agreeable to let the city use it if it fits in my atrocities you've seen there that many other places calendar of profitable events downtown suffer those same plights and that is an w } Like Reply tr entirely different problem that needs addressing -- developing Campbell would likely not change much of it Write a reply... and if it did, it would only shift the problem to other areas. And it really has nothing to do with whether a be turned over Tony o space designated as a public park should I'm notf really on board with this idea either. i haven't said to private entity without any compensation, hid process, anything about helping fund at least 3 different public vote, etc. restaurants and a hotel in the past year. I'm not really The more I write, the more I feel this is craziness that our thrilled about giving another private business 10k free city leaders would consider such a transaction. square feet of property? Am I wrong? Like Reply 5n Like Rep$y 10.11 Lisa Larnbton Roelofsen Christ Pierson i r° Karie Bogart ' Tony Dong you are not wrong. I think it's crazy it's Like Reply sn being considered. t Aff Karie Bogart Like Reply in n W'+ The idea that transferring ownership will solve the 611 Tony Dong homeless and drug issue in Campbell Plaza is The more I think about it the less sense it makes. outrageous. I worked with that population for 17 years... Do we not have parking issues? Didn't we {the city) You're just relocating it - which solves a problem for just renovate that area? How much was that? Lets those businesses surrounding it, but we're iiterallyjust talk about fairness as well, it's funny to imagine all moving the problem to a different block. The more I stew the business owners calling dibs on various public on this, the more it really disturbs me. I'm going to draw spaces to make a little extra money. Isnt this up some plans to have Strand Plaza transferred to me by essentially what we're doing with this proposal? the 22nd. I'm agreeable to let the city use it if it fits in my like Reply 1rr, calendar of profitable events Write a reply.. Like Reply lh • Write a reply.. Q "(-) nI F S Write a comment... rad _ 1-cpn9gfuh9hxtZ93aKvrSSVyavkQ��SGhpvZeszC<�HngCqz�i'E-PJiwnKlizakH'':EvRdyR.•i-pSf-Oif Salina Downtown Merchants 23 Salina Downtown Merchants 21 70 Penny Bettles Admin Q +1 Like Reply 2h Chrisi Pierson Without going back and counting, I qJ Penny Betties Admin W +1 Salina Downtown Merchants in the plaza. Some events merely start/stop there, I am screenshotting this conversation here and like runs, walks and registrations. Some are Friday well. It is the COMMUNITY that gives downtown forwarding on to Mike. however, it probably would - t � area businesses, etc. be beneficial to send something formal to either Like Reply 2- our downtown quite like Campbell) to have as a the commission or myself. I will send everything Karie Bogart Write a reply... © 61 over this Sunday afternoon so it is included in the Thanks I already called Bibs on Strand Plaza. community pride and involvement. It's called commission packet for Monday's meeting. Placemaking. Local employers, developers, and City_ Unless there is something really amazing that comes out for clarifying Chrisi Pierson! Like Reply social gatherings and community {downtown) Like Reply in .c ted *` Andrea Pfeifer Tony Dong you are not wrong at all. going to one developer at the cost, inconvenience, and Chrisi Pierson Penny Bettles Can you also comment as to the Like Reply l'' citizens want to be. Isn't that why we're number of events held in Campbell during a redeveloping downtown in the first place? - To 1 "good' year? Seems like many of SDI's events took Write a reply.. U 03 "` etc? We MUST create a sense of community and� place there and if we no longer have that option have attractions (not just shopping and eating) for (which common sense says that loud concerts, Chrlsi Pierson - car museum, art centers, parks, plazas do that -- they generate a sense of pride & belonging that gatherings that will potentially leave a mess, etc will interest of a Penny Bettles - I am assuming that our improving said parking area and what the cost of the NOT be in the business or schedule comments/concerns/support/etc need to be sent via Like Reply 1n restaurant with outdoor dining, etc)? 01 email to yourself or Mike in order to be carried forward Like Reply 1Lrn � Like Reply [P to the City? (what I'm getting at is do we need to send Chrisi Pierson emails rather than just comment here for these things to Public space downtown is hugely important. I be heard?) lust clarifying so that everyone knows. would hope there's some consideration of that as Like • Reply 21, well. It is the COMMUNITY that gives downtown vibrance and heart -- not retail and restaurants. Our Penny Bettles Admin Q +1 r community needs plazas (and there's no other in I am screenshotting this conversation here and our downtown quite like Campbell) to have as a forwarding on to Mike. However, it probably would public meeting space, hold community events that be beneficial to send something formal to either bring people together and create a sense of the commission or myself. i will send everything community pride and involvement It's called over this Sunday afternoon so it is included in the commission packet for Monday's meeting. Thanks Salina Downtown Merchants 23 Salina Downtown Merchants 24 1 Penny Bettles Admin Q +1 Like Reply 2h Chrisi Pierson Without going back and counting, I Chrisi Pierson would say there are 15-20 community events held Public space downtown is hugely important. I in the plaza. Some events merely start/stop there, would hope there's some consideration of that as like runs, walks and registrations. Some are Friday well. It is the COMMUNITY that gives downtown Night Live concerts, some are lunches hosted by vibrance and heart -- not retail and restaurants. Our area businesses, etc. community needs plazas (and there's no other in Like Reply t1m our downtown quite like Campbell) to have as a public meeting space, hold community events that Write a reply... © 61 bring people together and create a sense of community pride and involvement. It's called !y Andrea Pfeifer Placemaking. Local employers, developers, and City_ Unless there is something really amazing that comes out leaders especially should want to make places for in Thursdays info, then 1 am a NO on this one. This is to social gatherings and community {downtown) much of a one sided proposal with all of the benefit development events -- keys to creating a thriving going to one developer at the cost, inconvenience, and community and one where current and potential inequality of the rest of downtown patrons, business and citizens want to be. Isn't that why we're property owners redeveloping downtown in the first place? - To 1 attract visitors, future/potential citizens, tourism, Like Reply 31r1 etc? We MUST create a sense of community and� r: " Write a reply.. ) have attractions (not just shopping and eating) for them to want to come experience. Things like the - car museum, art centers, parks, plazas do that -- they generate a sense of pride & belonging that Jim Loader I would like more information on the cost of moving and spark economic growth, improving said parking area and what the cost of the = parcel of land would sell for on the open market. Like Reply 1n Penny Betties Admin Q +1 Like Reply 1Lrn � Salina Downtown Merchants 25 Penny Bettles Admin Q +4 • Jim Loader Let me get with the city manager on that one. Like Reply 1u" - Tyler Gallagher After reading the comments, 1 am not so sure I am for this move anymore. As much as we all love the redevelopment and how restores is adding to the renovations: i find it overzealous and unfair that they could buy more properties that none of us else could bid for. Where would the precident be then, for us all to cash in on the new plazas? I would love to privatize spillman plaza for myself too. The stage has already been renovated and plaza is only waiting on the developers to finish the north building. It shouldn't be up for grabs. 02 Like Reply 17h Andrea Pfeifer L� From the way it sounds in the info above, Restore Properties is offering to move the stage, but they are not going to develop the new location correct? Which means not only will we lose more parking downtown, but we as taxpayers will also be paying for the redevelopment of another location after just paying to have the current location redone. Please correct me if I am not reading that correctly, 1 Like Reply 16h Salina Downtown Merchants 26 renovated and plaza is only waiting on the developers to finish the north building. It shouldn't be up for grabs. 02 Like Reply I'r Andrea Pfeifer From the way it sounds in the info above, Restore Properties is offering to move the stage, but they are not going to develop the new location correct? Which means not only will we lose more parking downtown, but we as taxpayers will also be paying for the redevelopment of another location after just paying to have the current location redone. Please correct me if I am not reading that correctly. 01 Like Reply 16h Penny Bettles Admin p +t Good morning! I want to invite you all to our monthly SDI/BID board meeting, tomorrow (Thursday) morning. We will meet inside the Visit Salina Annex, Room A at 7:30 ANI. We will have our public forum first thing, so you can ask any questions about this project you may have. City staff will be present as well to help answer questions. Please wear a mask! I look forward to seeing you all in the morning. 1 Like Reply th Edited 10- Kane Bogart Tony Hong Chris! Pierson Lisa Lambton Roelofsen Like Reply 59ri AN Pennv Settles Admin U +1 �_l0]=AZW6zjFeyx5j6ocSZFtSe,nKJBYNyisOHCHgh76WKIMIECRu4XnOPTk_rdQjPfw426YtOjE64C: [0] =AZW 6zjFeyx5j6ocSZFtSVnKJBYNy�sOHCHgh76WKIMIECRu4XnOpTk_rdQjPfw426Y1 ajE60C Email sent to Penny 03-17-2021 from business and p rope rty owner who wished to remain anonymous. I am in full support of the project. And here is why 1. This plaza I view as different because Restore owns the property on both sides of it. I do not believe that is the case anywhere else downtown which makes it unique. 2. [have seen the drawings and talked to some of the people involved and I think the project will be well done and will create a destination point in the downtown corridorwhich will help EVERYONE down here. 3. 1 believe that anything that creates a destination in the downtown isgreat. I know public space is important, however in my opinion some of the public spaces are not being used much anyway norare they always well maintained. 4. Relocating the stage is a great idea. There was very little room for outdoorconcerts in the current Plaza being able to access the parking lot forevents would only entice more people to come and enjoy. 5. Parking is not an issue if people who worked downtown would park in the longterm parking and quit taking up spaces that are forclientele. I used to think it was an issue ... but it is not. People need to deal with it. In my opinion. I have never been to a downtown where I did not have to walk a bit to get to my destination—it is part of the experience. 6. One thing that is apparent, the City is often a problem when it comes to things that current businesses want to do to improve things. I think SDI should be all overthose issues that were stated by a couple of people and trying to get outdoor permits.... that IS a problem and no one who has put money into a business downtown should be disrespected by the city government. I have never experienced that .... Yet.....but if I did you can bet I would be on SDI's doorstep requesting backup. 7. 1 am also assuming thateven if the propertyis transferred they will have to begin paying taxes on it justli ke the rest of us ... which will be more of tax base rather than an expense. 8. 1 am a bit frustrated bysome of the almost jealous comments thatwere posted .... I think discussions like that in the future should be directed to you personally if you want input..I believe social mediaoften brings out the worst in us. I do understand some of their concerns, but it descended into very negative commentstowards the people that were proposing the project. Which i think is awful, especially if they were to see those comments. To date, Restore has done nothing but improve the downtown and should be credited for that. 9. 1 also do not see why if someone has a plan for a plaza and they want to take it to the city .... go forit.....there would be more pushback because again the bu ildings on each side are not owned bythe same property owners. But if they have a plan ... then propose it. 10. The other option as I see it is to keep it owned by the city, but leased to restore.... they could have access to it just like a city sidewalk. But I am not opposed to the current plan. I have been looking at a dilapidated building for 4yea rs now! 11. Some of the people complaining about space for concert .... may have neverattended them anyway .... I would sit across the street in my office and see veryfew people ove rthere. More people went to the concerts in the park because there was room to spread out and enjoy..why notcreate that atmosphere downtown and bring those people to that area. I do not think the stage would inhibit much parking anyway but it could be used in the evening or weekends for events... and what an amazing thing that could be for all downtown merchants. I like the relocation concept regardless of who owns the space. Email from Cassie Streit on 03-16-2021 This is my email of full support to the Campbell Plaza project. would like it to be very clear that musicians/acts will still be allowed to play, and I would like to know what would stop them from being allowed to play. I would also like it to be made clear that the city gets to take control of the plaza if, for some reason, Restore no longer wishes to own it. I think this is a great idea, and will help make downtown just that much more secure. McGinnis, Holl From: Larry Stoss <Iwstoss@gmail.com> Sent: Sunday, March 21, 2021 6:56 PM To: CityCom mission Subject: Campbell Plaza Dear Madam Mayor and Commissioners I would like to express a few thoughts about the agenda item, Campbell Plaza, on Monday's agenda. 1). The plaza is located in a unique location within the downtown area. My family has enjoyed many performances at this stage. The plaza provides an intimate venue for smaller scale activities and performances. 2). The location of the plaza provides a pass-through from the Fifth Street parking lot and Santa Fe. Private ownership of this space, with security fencing and gates, will provide a deterrence to the public to pass through this space. To provide security, the fence will need to be adequately tall to prevent people from scaling the fence. A sufficiently wide passage, directly from the alley to the sidewalk on Santa Fe, will be required through the proposed outdoor dining space. Additionally, the operating hours of the business may not allow for pedestrian passage after other downtown functions conclude. 3). Signage on the decorative security fencing will be required to alert the public that this is a passage way open to pedestrian passage, but also, alert the public as to the hours that passage will be allowed. Some early morning activities, in the downtown area, may occur prior to the opening of of the proposed business hours, causing an inconvenience to the public using the parking lot. 4). The city has electrical lines that pass through this plaza that feeds street lighting on the east side of Santa Fe. A utility easement will be required by the city to allow for possible future maintenance and upgrades. 5). Maintenance of the exterior walls of 123 S. and 129 S. Santa Fe should be the obligation of the building owners and not a reason for wanting to take possession of the plaza. If the roof structure over the stage is directing rain water to a detrimental location at the north wall of 129 S. Santa Fe, then a study should be performed to determine the issues, and develop a plan for correcting the problems. If the problems were caused by an error in design, then the city along with the design firm should develop a solution that is agreeable to all parties and corrective action taken. If the problem(s) are the result of issues with the building at 129 S. Santa Fe, then the building owner should correct the issues to avoid future damage. 6). Relocation of the stage to the 67401 Plaza would reduce downtown parking during functions at this site. 7). The proposed eating establishments should look to capitalize on the activities that will take place in the plaza as a way to increase business, just as Coop's did for years. These are a few thoughts about the above subject agenda item. I trust that the commissioners will thoughtfully review this item and make a decision that is in the best interest of all citizens of Salina. Respectfully, Larry W. Stoss 2227 Edgehill Road Salina McGinnis, Holl From: Andrea Blomquist Pfeifer <am_bp01 @yahoo.com> Sent: Sunday, March 21, 2021 11:08 PM To: CityCommission Subject: March 22 - Campbell Plaza Redevelopment Dear Honorable Mayor Hodges and fellow City Commissioners, As a downtown business owner and property owner I write to you today in objection to the proposal that you are considering about the Campbell Plaza Redevelopment Request. While I do appreciate the fact that Restore Properties, like the many other investors that have become a part of downtown, have decided to invest in downtown, there is no way that I can see this proposal as justifiable, equitable, or fair. After reading the information provided, I can not understand why they believe that they should be given a piece of property that belongs to every taxpayer in the City of Salina just because they now own the property on both sides of the space. Below are a few of the questions/comments I have for you. There have been many new investors in Downtown Salina over the past few years, are there any example of other developers that have been allowed to just have public park property? If the answer to that question is no, then how do you even consider this request equitable? In the copy of the Kansas Statutes 12-1301 that is included in the commission packet, it states, "Any city may trade or exchange any public park, public square or market square which it may own, or any portion thereof, for other land to be used for similar purposes, or may sell the same." From my reading of the information submitted, it does not appear that Restore Properties is planning on trading or exchanging any other land, nor are they offering to purchase the plaza. If that is correct, then how does this proposal even meet the standards set by the statute? Even though I would still object to the approval of this project, if the commission decided to go forward with the elimination of downtowns only public entertainment venue nothing less than a fair market value should be charged to Restore Properties. Anything less is simply unfair to other downtown property and business owners as well as the taxpayers of Salina. As part of the Downtown Revitalization project commissioners approved sidewalk dining, why shouldn't this proposed restaurant follow the same basic guidelines set for all of the other restaurants? How fair is it to other businesses that have been around for years, through good times and tough times, or even newer businesses that have recently invested in downtown and done everything by the books, to suddenly be put at a disadvantage by one decision such as this. Taxpayer have, through the years, invested hundreds of thousands of dollars into Campbell Plaza most recently as part of the Downtown Revitalization Project. Can you really justify just giving that all away? And while Restore Properties has volunteered to move the current stage, they are not offering to develop a new location. How many more taxpayers dollars would have to go into that developing a new location? I am sure much more than the $160,000 that they are suggesting. While on the topic of redevelopment, how can you consider approving this proposal when there are no detailed designs and cost estimates for a new location? Or even a new location for that matter. What are you planning to do with the newly renovated, expensive stage, let it rot in a field somewhere? And while there is a suggestion to use the parking lot on the S.W. corner of Ash and Santa Fe, redesigning that area, which was just redone and paid for by more taxpayers dollars, would be much more than the estimated cost to complete the stage at it's current location not to mention would remove even more parking (long term at that) in downtown Salina. This whole plan is so one sided that I can hardly believe it is seriously being considered, especially when it comes to an area that is commonly used as a free public entertainment venue in the heart of Downtown Salina and after considerable taxpayer dollars have been invested. Please do not support this proposal. Thank you, Andrea Pfeifer P.S. I am extremely disappointed in the actions of SDI regarding this entire process. I find it absolutely ridiculous that it was less than a week ago that information regarding this was posted on the Downtown Merchants page "seeking input" from merchants in downtown. I use quotes around the words seeking input because as I discovered in the city packet, SDI had already sent a letter of support 7 weeks ago without seeking any input from actual merchants in downtown. I have inquired about that process as well as information on the vote, but haven't gotten any reply. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: BY: NO: 7 (�"' UTILITIES DEPARTMENT ITEM FINAL APPROVAL: NO: 3 Page l BY: Martha Tasker + BY: ITEM: Resolution #21-7943 A resolution expressing the intent of the Governing Body of the City of Salina, Kansas in response to a proposal by the Friends of the River Foundation and the YMCA for a Public/Private Partnership for the Smoky Hill River Greenway Trail from Ohio Street to the YMCA. BACKGROUND: In early 2020, staff was acquiring easements and preparing to bid the Greenway Trail along the Smoky Hill River from Ohio Street to the south side of the YMCA, refer to the attached Smoky Hill River Greenway Trail Map. The 2,350 Linear Foot (L.F.) Phase 1 Greenway Trail was expected to be funded as follows: • Kansas Department of Transportation (KDOT) Transportation Alternatives Program (TAP) $168,000 • City of Salina Federal Exchange Fund Receipts $435,000 $603,000 On February 3, 2020, the City Commission authorized the 2019-2021 CIP budgets of sales tax funds for the hike and bike trails to be utilized to fund a portion of the project costs noted above. The design cost of $49,590 for the base agreement and $11,600 for Supplemental Agreement No. 1, which is a total of $61,190 was funded from the 2019 and 2020 CIP budget for hike and bike trails. For additional background information, refer to the attached 2/3/2020 staff report. The COVID-19 pandemic was in the early stages, and there was much concern about sales tax revenues being reduced possibly resulting in funding not being available for budgeted projects. A detailed review of budgeted projects was performed by City staff and presented to the City Commission, which resulted in a list of projects that were to either be completed, postponed, or removed from the 2020 budget. The Smoky Hill River Greenway Trail from Ohio Street to the south side of the YMCA was removed from the 2020 budget due to the City's share of the overall cost and extensive concerns about KDOT's requirement for a pedestrian traffic signal ($70,000) at Ohio Street. The Friends of the River Foundation (FotR Foundation) and the YMCA have a proposal requesting the City's original 2020 commitment of $400,000 and $50,000 from the 2021 Sub-CIP Trail budget for a total of $450,000 as described in the attached letter from the FotR Foundation for Greenway Trail projects. The FotR Foundation and the YMCA are proposing to work together to find donors to partially fund the Phase 1 and 2 Greenway Trails as identified on the attached Smoky Hill River Greenway Trail Map. The attached letter states that HDR estimates the project cost for Phase 1 and 2 Greenway Trails to be $942,750. AGENDA SECTION NO: ITEM NO: Page 2 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. ORIGINATING DEPARTMENT: I FISCAL APPROVAL: UTILITIES DEPARTMENT BY: Martha Tasker Staff estimates the Total Project Costs for Phase 1 and 2 as follows: Proiect Cost Previous Costs Phase 1(2) Design $61,1900) $ 0 Construction $448,000(3) Easements 10,000 Total Project Cost $ 458,000 Trail Length 2,350 L.F. (1) Sub-CIP Trail Funds (2) Costs based on estimates from KDOT-TAP (3) Does not include cost for the pedestrian traffic signal (4) Costs based on preliminary field measurements BY: FINAL APPROVAL: BY: Phase 2(4) $ 48,000 $360,000 0 $408,000 1,500 L.F. The estimated Total Project Cost for Phase 1 and 2 Greenway Trail is $927,190. The FotR Foundation and the YMCA anticipates the funding for Phase 1 and 2 of the Greenway Trail as follows: Fundinq Source City FotR Foundation/YMCA Donors Phase 1 Phase 2 $250,000 $200,000 $208,000 $208,000 $458,000 $408,000 The proposed Greenway Trail project will provide a linear park trail that connects Bill Burke Park and Kenwood Cove Aquatic Park. A citizen steering committee was assembled to take part in a series of meetings and design charrettes to allow HDR's design team to fine-tune the project vision for the 2010 Smoky Hill River Renewal Master Plan. Public meetings were held to gather additional feedback and validate the steering committee's vision. The public surveys indicated the following top three project goals: 1. Improvements to increase water quality and quantity through the channel 2. Multi -use trails 3. Improved parks and public access spaces, like trailheads In addition, the City's Parks & Recreation Master Plan states that experiences that are valued by the citizens and provided by the Parks & Recreation Department are as follows: • Trails • Natural resource opportunities such as Lakewood and Indian Rock Parks • Sports fields • Kenwood Park Aquatic Park A Master Plan is a dynamic long-term planning document that provides a conceptual layout to guide future improvements for decades to come. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: ITEM UTILITIES DEPARTMENT FINAL APPROVAL: NO: Page 3 BY: Martha Tasker BY: Preserving Salina's park system was included in the 2016 Sales Tax Initiative, refer to The Salina Citizen, Spring 2016. References to the River Renewal Project within the marketing piece that was distributed in advance of the election noted that a major park improvement includes a reasonable and slimmed down approach for renewing the Smoky Hill River. A limited project focus of the stream area only included: getting the sediment out and reshaping the banks where needed, constructing a single and accessible hike/bike path, and providing a community gathering space along the downtown stretch. The City committed to redirecting not more than $1.3 Million per year for the River Renewal Project once Kenwood Cove Aquatic Park was paid off. Kenwood Cove Aquatic Park was paid off in year four of the 20 year Sales Tax Initiative, leaving 16 years of sales tax funding for the River Renewal Project. The estimated City project costs for the River Renewal Project is as follows. Cost Dollars Financing $ 3.8 Million Design $ 5.0 Million Construction $12.0 Million $20.8 Million') $1.3 Million for 16 years City staff and HDR, design consultant for the City, have discussed estimated costs for the Phase 1 River Renewal Construction Project and have determined value engineering will be necessary to meet the proposed budget of $12.0 Million for construction. The United States Army Corps of Engineers (USACE) will provide $10.0 Million for the Section 1135 Smoky Hill River Aquatic Ecosystem Restoration to remove the sediment and get the water flowing. City staff has had one project update meeting with the USACE and HDR, design consultant for USACE, and a second project update meeting is scheduled in late March to better define the project and begin to right -size the project to match available USACE and City funds. Based on the community's strong desire for trails, limited funding, and the likely need to refine the project scope to meet the available budget, it is necessary to look for partnerships to leverage City dollars to get more "bang for the buck". The proposed public/private partnership with the FotR Foundation and the YMCA allows the Smoky Hill River Greenway Trail from Ohio Street to the YMCA to begin construction in the Spring of 2022. This will provide the community a tangible experience and a glimpse of what the Smoky Hill River Renewal and Parks & Recreation Master Plans have envisioned for the community today and into the future. The City and the FotR Foundation partnered to fund the 2010 Smoky Hill River Renewal Master Plan. Funding for the Phase 1 Greenway Trail will include $250,000 of City funds and $208,000 from FotR Foundation and the YMCA. It is anticipated that the majority of funding will be a pledge of $100,000 in the years 2021 and 2022. Once the FotR Foundation and the YMCA have raised funds for their portion, the City will let a construction contract for the Phase 1 Greenway Trail. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: UTILITIES DEPARTMENT ITEM FINAL APPROVAL.- NO: PPROVAL:NO: Page 4 BY: Martha Tasker BY: Funding for the Phase 2 Greenway Trail will include $200,000 of City funds and $208,000 from FotR Foundation and the YMCA. It is anticipated that the funds will be available in the Spring of 2023. Once the FotR and the YMCA have raised funds for their portion, the City will negotiate an engineering agreement for the Phase 2 Greenway Trail design, and ultimately a construction contract. FISCAL NOTE: The City's portion of Phase 1 and 2 Trail project costs of $450,000 may be funded by one or a combination of the following options: • Option 1 — City of Salina Federal Exchange Fund Receipts Year 2021 - $250,0000} Year 2022 - $200,000 (1) $580,000 will be received in 2021 The KDOT Transportation Alternative Program identifies construction of trails as an approved "Transportation Project." • Option 2 — Sub-CIP Trail Funds 2017 — 2020 Unspent Funding $ 61,410 Year 2021 $ 50,000 Year 2022 $ 50,000 Using these funds would delay any current projects planned for 2021 or 2022. COMMISSION ACTION OR RECOMMENDED ACTION: Staff has identified the following options for the City Commission's consideration: 1.) Approve Resolution #21-7943 approving a proposal by the Friends of the River Foundation and the YMCA for a Public/Private Partnership for the Smoky Hill River Greenway Trail from Ohio Street to the YMCA. 2.) Approve Resolution #21-7943 with amendments, as the City Commission deems appropriate. 3.) Postpone consideration of Resolution #21-7943 to a specified date and time and provide staff direction regarding additional information or amendments the City Commission would like to request for their further consideration. 4.) Vote to deny Resolution #21-7943 resulting in the Smoky Hill River Greenway Trail from Ohio Street to the YMCA not constructed at this time. Staff recommends Option #1. Attachments: Smoky Hill River Greenway Trail Map 2/3/2020 Staff Report Letter from the Friends of the River Foundation The Salina Citizen, Spring 2016 Resolution #21-7943 �^-�_► — � �.",, ' '�- �'y� "yam! � ,, .., �,� � k�K i 8 1� 4� low�>: 1 0 ► ,r f E=— I' AKJ- 64 41 DL o L ♦.� M gra �`; .„-.y,,,� , •'4K.'csAac-,sM+a Ms `1 16 CL ar .}*%w y. �i°� � �� 4 • • �� IBMs .� CL ' w a �� fir,- ! ._°q.t[ �•`. i[ ham' ui ZAL cn s CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION AGENDA SECTION FORIDGfNATING DEPARTMENT: NO: 7 UBLIC WORKS ITEM NO: 4 Page I el R. Stack, P.E. L DATE TIME 2/3!2020 4:00 P.M. FISCAL APPROVAL: BY: FiNAL APPROVAL: BY: ITEM: Supplemental Agreement No. 1 with HDR, Inc., for additional engineering design services related to the Smoky Hill River Renewal Greenway Trail, City of Salina Project No. 90037. BACKGROUND:. The Smoky Hill River Renewal project masterplan includes construction of approximately seven (7) miles of 10-12 ft. wide shared -use path along the Old Smoky Hill River. The shared -use path is planned as a facility for users to be a mixture of pedestrians, bicycle riders, dog walkers, strollers, and roller blading. The location of the shared -use path will generally parallel and closely follow the channel bank of the improved Smoky Hill River channel. The 7 mile shared -use path will offer a recreational experience of both urban and natural surroundings, while also providing linkage to neighborhoods, schools, parks, and businesses. On September 9, 2018, the City Commission approved Resolution 18-7600 declaring the eligibility of the City of Salina to submit an application to KDOT for transportation alternatives program (TAP) funds set forth by MAP -21 for the a portion of this Smoky Hill River Renewal Greenway Trail Shared - Use Path Project from Ohio Street to YMCA Drive, On January 30, 2019, the City received notice from KDOT that our project was selected to receive federal funds for an amount for construction not to exceed $167,514.00 for phases lb and 1c (phase la was not funded as shown on the attached map). This is an 80120 split of the total construction costs with the City being responsible for anything that exceed $209,393.00 as further explained below in the fiscal note. On March 25, 2019, the City Commission authorized the mayor to sign (KDOT) form 1302 verifying that sufficient funds from the City of Salina will be available and are hereby pledged to the Secretary of Transportation in the amount and at the time required to supplement federal funds available to complete the Greenway Trail Shared -Use Path. KDOT then drafted a City/State Agreement outlining the responsibilities of both parties for the project which was approved by City Commission on August 5, 2019 along with a consulting design agreement with HDR of Kansas City. To meet federal fiscal funding deadlines, field check plans were due and delivered in August shortly after the design agreement and KDOT agreement were executed. As part of the initial application for funds, phase la consisted of the work associated with the proposed pedestrian crossing box culvert under Ohio as a part of the Smoky Hill River master pian (see attached map). KDOT determined the "logical terminus" to be the east side of Ohio limestone screenings trail that meanders along the river to Bill Burke park. Logical termini for project development are federally defined as rational end points For a transportation improvement. This connection was not funded with the grant and is not planned `.o be built this year with other funds. Therefore, KDOT informed HDR and city staff on September 25, 2019 that pedestrian crossing improvements across Ohio would be required to comply with the grant. -1DR determined that a High intensity Activated crossWalK (HAWK) type pedestrian signal would be he best improvement to connect the park properties for the interim. A HAWK beacon provides safety or pedestrians crossing a roadway by requiring motorists to stop as they would at a traditional traffic signal. However, the HAWK Beacon can reduce motorist delays by up to 50 percent since vehicles CITY OF SAUNA REQUEST FOR CITY COMMISSION ACTION AGENDA SECTION ORIGINATING DEPARTMENT NO: ITEM PUBLIC WORKS NO: Page 2 BY: Daniel R. Stack, P.E. DATE TIME 2/3/2020 4:00 P.M. FISCAL APPROVAL: BY: FINAL APPROVAL: BY: may proceed during the Alternating Flashing Red period if the pedestrians have finished crossing the street. At conventional signalized crossings, the motorist must stay stopped during the entire sequence, even if the pedestrian has finished crossing the street. Compared to traditional signalized crossings, PHB crossings show fewer rear -end collisions. Due to the fast track schedule, HDR proceeded with the design of the HAWK signal plans to try and meet the immediate deadline for office check plans. HDR and the City should have signed a supplemental agreement prior to beginning the revised scope of work. However, HDR focused on getting the new office check plans turned in to try and meet the KDOT deadline and proceeded at risk. Staff is currently working thru final design changes and right-of-way and utility coordination so that final plans can be submitted to KDOT by the end of February. The project letting is currently scheduled for May 20, 2020. FISCAL NOTE: This supplemental agreement is for $11,600. The latest 2020 construction cost estimate at the 90% pian submittal is $472,775.00 (with a 10% contingency of $47,277.50). The adopted 2020-2024 Capital Improvements Program budgets $300,000 budgeted to cover the construction costs, the land acquisition costs, and the preliminary engineering consultant fees. The City is 100% responsible for preliminary engineering, utility relocations, right-of-way acquisition and contingencies. Design, right- of-way, construction, contingencies, construction engineering and testing are estimated to cost $604,881.25. The 2019 thru 2021 CIP budgets include $150,000 of sales tax funds for hike bike trails that will be necessary to fund the total estimated project costs. COMMISSION ACTION OR RECOMMENDED ACTION: Staff has identified the following options for the City Commission's consideration: 1) Approve Supplemental Agreement No. 1 with HDR, Inc., for additional engineering design services in the amount of $11,600. 2) Approve Supplemental Agreement No. 1 with HDR, Inc., for additional engineering design services in the amount of $11,600 with amendments as the City Commission deems appropriate. 3) Postpone Supplemental Agreement No. 1 with HDR, Inc., for additional engineering design services and provide staff direction regarding additional information or amendments the City Commission would like to request for his further consideration. 4) Deny Supplemental Agreement No. 1 with HDR, Inc., for additional engineering design services in the amount of $11,600 resulting in no change to the maximum design fee. Staff recommends option 1. Attachment: Location map Supplemental Agreement No. 1 CC; MDR AM FRIENDS OF THE RIVER February S, 2021 To Mike Schrage, In early 2020 a grant from KDOT for $1.68,000 had been awarded to the City of Salina for the % mile of trail that runs from the west side of Ohio Street to the YMCA. The City of Salina was expected to align with KDOT's rules on materials and design for the trail as well as include a match from the City of Salina for $400,000. The total''/: mile of trail would cost around $547,000. City employees and the city commission were working out final details when Covid-19 struck and with -it Salina's day to day life was turned upside-down. With the City of Salina not knowing what any of this meant for sales tax revenue many of the plans for 2020 had to change. One of the adjustments was denying the $168,000 grant from KDOT since the City of Salina was unsure of being able to provide the match of $400,000. The year 2020 is finally over and the surprising news for the City of Salina is that the sales tax performed at a much higher level than expected especially in the last quarter. In the meantime, the Friends of the River Foundation has determined the trails are a vital piece of the Smoky Hill River Restoration. The Friends of the River have begun fundraising for the % mile of trail from the west of Ohio Street to the YMCA. Additionally, the Friends of the River Foundation has been connecting with the YMCA about their interest in the next''/: mile of trail located around the YMCA, and the possibility that the YMCA becomes a site for the boat rentals on the Smoky Hill River. The YMCA is interested in both, and the Friends is working toward the possibility of both charities working to find donors for different aspects of this next '/z mile trail project. The Friends of the River will soon begin fundraising for this part of the trail. With cost estimates from HDR both trail projects will cost $942,750. The Friends of the River Foundation is asking the City of Salina to honor the original commitment of $400,000 towards the initial phase of trail construction that was going to be allocated in 2020. The Friends is also asking for the 2021 trail budget for $50,000 for the 2n0 % mile that wraps around the YMCA. The Friends of the River Foundation will take primary responsibility for raising private funds in partnership with the YMCA to complete an additional % mile of trail that wraps around the Y's property. This trail when completed will represent 1.5% of the trails for the Smoky Hill River Renewal Project. The first % mile of trail from South Ohio Street up to the YMCA is at 100% engineering and is ready to be built before the river goes under construction. So as soon as the funds are secured for this part of the trail it could be built. To be able to have a completed cement trail would give new access to our community for a trail in the center of town. This would also be a different experience from the trail experience on the levy, this new www.smokyhiliriver.org 159 South 4th Street/ P© Box 953 Salina, Kansas 67402-0953 785.493.8491 A FRIENDS OF THE RIVER trail would be a shady trail. But most importantly it would give the Salina community a tangible experience, and to give a glimpse as to what is soon to be following with the river renewal. This is important to give the community hope that the project is really going to happen, and to give the public something they can enjoy before the river is finished. Please consider that this is a good investment in this worthy project as well as helping the Friends of the River and the YMCA reach the fundraising goals before us. If you have any questions, please feel free to contact Jane Anderson at 785-493-8491 or janea@smokyhillriver.org Thank you for your consideration, Guy Wal er Friends President (- 2 aLe, Jane Anderson Executive Director Angie Lassley YMCA President/CEO www.smokyhillriver.org 159 South 41' Street/ PO Box 953 Saltna, Kansas &7402-0953 785.493.8491 SPRING 2016 pear sauna Citizens* Iina is leased to The City of oulthe Spring 2016 I present to y I edition of The Salina Citizen. We hope this issue Quenot rega d to I helps inform y i City projects, but stimulates t your interest and participation ' in local government. Sincerely, Commission Salina City City Commissioners want to hear from you Members of the Salina City Commission are always interested in your comments and suggestions on City services and policies. They welcome letters, emails and telephone calls. Write them at P.O. Box 736, Salina, KS 67402-0736 or email them at citycommission@ salina.org. Jon Blanchard ...... ........... ....577-7533 Kaye Crawford .....................827-4263 Trent Davis .......................... 823-0287 Randall Hardy ................ ..... 826-7858 Karl Ryan ............................. 825-4242 We're at Your Service In order to serve you better, City staff maintains a computerized Citizen Service Request (CSR) system. If you have a question or service request, please contact the City Manager's Office at (785) 309-5700. You may also send questions or requests via our email link on the City of Salina's website: www.salina-ks.gov city0f 2 Sales Tax 11� Initiative Salina's Proposed Capital Improvement Sales Tax An investment in neighborhood streets, quality jobs and community! On April 20th, the Saline County Clerk's Office will mail to Salina voters a sales tax election ballot. It will ask voters to replace the City of Salina's current 4110th (.40%) cent capital improvement sales tax with a 314th cent (.75%) capital improvement sales tax for a term of 20 years. If approved, the total sales tax for the community will change from 8.4% to 8.75%. The priorities for the proposed sales tax are: • Improving neighborhood streets and drainage • Preserving a "stable" property tax rate • Ensuring a quality park system • Constructing and maintaining community improvements • Funding equipment for maintenance • Repayment of future bonds for large projects • Attracting "quality" jobs 4 Capital Improvement Projects This election is an opportunity for all registered voters to weigh in on their community's future. The mail - in ballot provides the convenience of voting from your home, results in high participation and is a great utilization of the democratic process. How many dollars will the sales tax generate and what specifically will it fund? The new sales tax increment will generate about $4.3 million per year in new revenue. We continue to hear our residents ask for neighborhood street improvements more than anything else. Neighborhood streets are our top priority. Fully funding all street needs is estimated to cost an additional $2 million to $3 million more per year. That is why the City is committing to spend at least $2 million more Continued on 2 s Continuous Process Improvement From Page 1 ... Capital Improvement per year (from $1.6 million annually to at least $3.6 million) just for neighborhood streets. Street needs will be determined by condition and neighborhood feedback. Keeping the City's property tax stable is also a primary goal High or fluctuating property taxes can be harmful. We understand the need to provide a stable property tax to our community's residents and businesses for the long-term future. The positive impact is estimated to be between $500,000 to $1,000,000 per year. Preserving our park system - one of Salina's biggest assets The tax will be used both to retain the quality of our parks and to enhance them in response to community needs. A major park improvement includes a reasonable and slimmed down approach renewing the Smoky Hill River. This river channel is a major natural resource that serves as the primary storm water storage basin for a large part of our community, so filling it in is not an option. A limited project focus will be on the basic stream area only. This focus includes: getting the sediment out, reshape the banks where needed, constructing a single and accessible hikelbike path and providing community gathering space along the downtown stretch. The City will commit to redirecting not more than $1.3 million per year for this project. That is the current, annual debt service used to fund the Kenwood Cove Water Park. We think this slimmed down approach can ensure long-term viability for drainage and make the Smoky Hill River channel an amenity and focus of community pride. Funding Allocation* a Neigh. Streets w Prop. Tax Stab. Parks, etc. ■Smoky Hill River Duality Jobs !r 2 The Salina Citizen Attracting "quality" jobs Our community needs growth in "quality" jobs, with higher wages and benefits. A city cannot create these jobs, but we can create a positive environment for them. This includes investment in: roads, utilities, land, training and relocation needs. Our estimated investment of $450,000 to $700,000 per year will be focused on items that give Salina a special edge and cannot be taken out of our community. Why use a sales tax and how will the change affect my wallet? With a sales tax, a small increment can fund many projects, with nearly one- third (1/3rd) of the revenue estimated to come from outside of our community! On average, consumers will spend about 4% more with the new tax. The increase equals only 35 cents per $100 spent. While there is no perfect tax, a sales tax is based on consumption and is much fairer than a property tax. If approved, how will Salina's tax rates compare to our competing communities? The table below shows how Salina's tax rates compare to certain other Kansas communities in 2015. Strong communities see stable and long-term growth of residents, businesses and visitors. A solid infrastructure is a key ingredient. While we do not believe Salina should be one of the highest taxed cities, a reasonable level of taxation can ensure Sales Property city Tax Tax Junction City 9.75% 47.666 Dodge City 9.15% 50.883 Topeka 9.15% 39.733 Abilene 9.10% 45.538 Hutchinson 9.10% 43.226 McPherson 9.00% 51.330 Hays 8.75% 25.007 Manhattan 8.75% 43.963 Salina (proposed) 8.75% 27.080 Garden City 8,65% 31.822 Salina (currently) 8.40% 27.080 Wichita 7,50% 32.299 investment in our basic infrastructure needs. This investment will ensure that Salina can serve its residents and businesses well, while also preserving our future viability in north central Kansas. How can the public be sure the sales tax will be used as intended? First, the ballot language intentionally limits the use of the sales tax. The City Commission annually updates our 5 -year capital improvement plan through a series of public meetings. These sales tax proceeds will be kept in a separate, budgeted WHERE fund for full accountability. DO Historically, the City has YOUR TAX fulfilled our commitments. In 2008, we committed to DOLLAR S using the current sales tax GO for similar needs and for ys Kenwood Cove. Since 2009, this sales tax has been used to fund the following list of needs: Use Amount Street and Parking Improvements $10,279,217 Kenwood Cove Water Park $8,781,814 Property Tax Stabilization $4,882,500 Job Growth $3,463,239 Maintenance Vehicles & Equipment $3,091,251 Flood Protection $947,200 Facility Maintenance $882,229 Sidewalks $279,997 Human Services $240,500 Other Project Costs $1,325,394 Total Community Investment $34,173,341 Can the need for the proposed sales tax be diminished with efficiency improvements? The City currently applies a Continuous Process Im- provement (CPI) program, using private sector Lean Six Sigma (LSS) waste reduction tools. We are a gov- ernment leader in this field, with our program being recognized nationally. In fact, we are the only govern- ment in Kansas taking process efficiency to this level. This effort has helped to keep our property tax rate low, but it is not enough to keep our operational costs stable AND fund all neighborhood streets and other community improvement needs. When will the community see a positive impact? If approved, the City should begin receiving the new sales tax increment before year-end. This means that we can start applying it to neighborhood streets and other community needs as early as next year! What if the sales tax does not pass? If the proposed sales tax doesn't pass, we will continue to focus current resources on basic infrastructure items until the current tax expires in about two years. Certain community needs will likely not be met or will likely be deferred well into the future. 2016 - 2020 Capital Improvements Program The 2016 - 2020 Capital Improvements Program (CIP) is a schedule of anticipated capital projects to be completed over the next five years. The plan includes projects to be financed from cash resources and major projects to be financed by bond proceeds. Bonded projects take advantage of low interest rates, keep property taxes down and spread out the cost of major projects over time. Project revenue includes: sales tax; gas tax; a portion of the alcohol tax; water, sanitation and solid waste user fees; and other General Fund resources. Streets are a major component of the annual pro- gram, with about $2.5 million spent annually. Over the next five years, the City of Salina will invest $12.5 million into our transportation and related infrastructure. Of that amount, $5 million to $6 million will come from gas taxes shared from the State of Kansas, with $6 million to $7 million from sales tax. Unfortunately, that is not nearly enough to meet our neighborhood street needs. Our major CIP projects total $69.7 million over the five-year period. Some of the more notable projects are downtown field house, reconstruc- tion of sections of Centennial Road and Country Club Road, water and wastewater line extensions, design and construction of the south wellfield improvements to stabilize the City water supply over the next 50 years, and design of a required upgrade to the Salina Wastewater Treatment Plant. Other CIP components include: vehicle and equipment replacement, entryway signage, a new outdoor weather warning system, ball field light- ing replacement and sidewalk/trail extensions. Visit Our Website. www.salina-ks.gov 3 �111 4 The Salina Citizen Fire Department Accolades Better Fire Protection Earlier this year, the City's Insurance Service Organiza- tions (ISO) rating was changed from a 3 to a 2. Nationally, scoring ranges from I to 10, with 1 being the best. A 2 rating is considered "excellent" and is one of the best in Kansas. This rating typically results in lower property insurance premiums. Our recent Fire Station No. 1 upgrade was certainly a con- tributing factor for getting the better ISO rating. This upgrade will improve community protec- tion for the next 50 years. Newly Renovated Fire Station 1 The Best Ambulance Service In Kansas The Kansas Emergency Medical Technicians Association (KEMTA) recognized the Salina Fire Department as providing the "Ambulance Service of the Year." This annual award is only given to the best of the best. That has always been our goal? With the help of Dr. Sean Herrington M.D., serving as our medical di- rector, the Salina Fire Department strives to provide the highest level of evidence -based, pre -hospital medical care. Continuous Process Improvement: Leading Kansas Cities Through Efficiency The City of Salina has implemented a Continu- ous Process Improvement (CPI) plan that is reporting significant results. This program uses private sector Lean tools to identify and elimi- nate waste. As a result of our employees efforts, 596 improvements have been made over a three- year period. These improvements result in in- creased efficiency and lower operational costs. For every hour spent on continuous process improvement activities, we have seen 2.7 hours in efficiency gains. The end result is increased productivity to the equivalent of 14 employees and reduced costs of nearly $1.8 million. Visit our Website; www.salina-ks.gov 5 Reductions in City costs through CPI improvements S1.018.730 S],2QO,00O S 1.000.00D _ $800,000 5600.000 5314,324 Saoo,000 ,--�------------- 5200.000. � 568.587- S - Nov/Dec 2013 2014 2015 2W Visit our Website; www.salina-ks.gov 5 Salina 2076 Budget Adopted The annual budget establishes the annual work plan for the City and matches revenues available to priority expenses. The City's conservative budget is considered to be stable, capable of meeting most operational and planned project needs, with no growth in personnel. The 2016 budget anticipates net operating, capital, and debt service expenses of $82,890,251. This excludes transfers and reserves. Operating expense is planned for $64,602,091. The budget authorizes 473 staff posi- tions, the same as in 2015. The largest expenditures are for Public Safety (Police & Fire) services, followed by Utilities (Water & Wastewater). Budgeted operating reserves are targeted at 23% of operating expenses. The chart below provides a graphic view of resource allocation. Current year revenues are projected to be $77,968,620. The largest component of the revenue stream are fees and charges (32% of total), followed by sales taxes (16% of total) and property taxes (11% of total). The property tax mill levy rate is established at 27.311 mills for 2016, compared to 27.080 mills for 2015. Total fund reserves are expected to be $15.2 million. The General Fund reserve is expected to increase from $3.4 million to $3.8 million, still a little shy of the tar- get reserve of $5 million. Due to planned transfers to capital reserve accounts for both the Solid Waste and Water/Wastewater functions, their budgeted reserve balance is planned to decline. Steve Hawley Park Partnering With Our Neighborhoods In the 1970's, South Park School at Tenth and Charles streets became a City park. In the late 1980's, a playground was added and the park was named Steve Hawley Park, in honor of astronaut and Salina native Steve Hawley. Last year, the park's playground was considered a top priority for replacement. With Mr. Hawley's help, a space theme design was created that is not only fun, but provides a learning experience about the solar system and man's relationship to space. The project was also aided by a $10,542 grant from the Ac- cess Foundation of Kansas to provide an accessible surface. Cap. Res. Trans Internal Op. Trans 2416 Budgeted Expenditures Gen. Garr. Capital Outlay Et. Dev. & Rec- Available Resources, 2416 Budget 6 The Salina Citizen On October 10th of last year, this playground project was completed as a Community Build Project using volunteers from the community. This is a great example of partnering with our community to make a difference in our neighborhoods! Salina Bicentennial Center Rejuvenating Salina's Entertainment Venue In October 2015, the Salina Bicentennial Center completed the final phase of a $13.1 million renovation project that has brought life back to the facility. The Bicentennial Center not; only has a fresher look, but is more func- tional for concerts, conferences and other events. Major upgrades were provided to: the arena concourse, concession stands, l rest rooms, premium seating, dressing rooms, lobby, roof, HVAC system, kitchen, exterior improvements and technology upgrades. Patrons can get through the ticket line and to their event must faster thanks to the new plaza, box office and direct arena access. Going there you will notice a signature art piece and new signage. Upon step- ping inside the facility, you may notice an updated and more inviting lobby, expanding our conference space. Once in the arena area, you will see new arena concourse lights and a restored floor. Our concession stands now carry many more food op- tions and provide more efficient service. The arena bowl offers new signage, handrails all the way to Job Opportunities City of Salina job vacancies are advertised in the Salina Journal weekly and on cable television chan- nel 20. To apply, simply complete a City of Salina employment application. A resume' can also be included. Applications can be filled out online at www.salina-ks.eov. Most jobs are advertised for at least 10 days. ill 0■ 1 62 711`5_7 the top and luxury box seating. Dressing and locker rooms have also been upgraded for our entertainers and athletes. To prepare the facility for the next 30 years, we added a new roof, new HVAC system, updated kitchen and technology upgrades. All renovations will be finished this summer when a new steel rig- ging system and Ohio Street digital display board are added. The rigging will allow us to hold today's heavier lights and sound systems. The digital dis- play board will finally make Ohio Street Bicenten- nial Center's "front door" and allow motorists to quickly see upcoming events. For more information on City of Salina employment opportunities, please call the Human Resources De- partment at (785) 309-5710 or at (785) 309-5747 (TDD), come by Room 200 of the City -County Building or visit our website. The City is an equal opportunity em- ployer and offers a generous employment package in- cluding employer retirement contributions, deferred compensation programs, and health insurance. Visit Our Website: www.salina-ks.gov 7 cityof Salina City Commissioners were recently presented with the rare opportunity of a 50150 private -public part- nership to build a fieldhouse in the downtown. In addition to addressing identified needs for indoor athletic space, it created an opportunity to rede- velop a prominent blighted site in the downtown as well as spur additional investment in downtown Salina that is currently estimated to exceed $145 million. Working with private sector stakeholders, designers and programming consultants, a preliminary facility design has been developed and a targeted date of construction contract award by early to mid -.lune is fast approaching. The 66,000 square foot field - house will be divided into three primary spaces: 1) A 10,000 square foot lobby large enough to accom- modate teams and fans in town for weekend tourna- ments (estimated to be as many as 26 tournaments a year). 2) A 3 -court gymnasium building with perma- nent hardwood basketball and volleyball courts. 3) A second 3 -court gymnasium with 2 synthetic courts and 1 portable hardwood court designed to allow the entire space to be converted to indoor turf 8 The Salina Citizen tAwwwrft through the use of a portable turf system. To date, the private sector has raised $4.5 million in contributions and pledges to be matched by $4.5 million of public funds for a total of $9 million. The final project budget will be determined once competitive bids are received. Salina's private sec- tor builders believe the facility can be built very close to the original $9 million amount. We have faith in their ability to keep the project at or close to budget. If the bids do come in a little higher, then excess costs may be addressed in several ways such as New Markets Tax Credit financing, flax Incre- ment Financing, Community Improvement District Financing, STAR Bonds, revisions to the project scope and/or additional private and public funding. The proposed fieldhouse is expected to raise the profile of Salina as a regional and Midwest sports tournament venue. And, the redevelopment of the fieldhouse site combined with the additional invest- ment anticipated in the downtown also has the po- tential to raise the profile of downtown Salina and the entire community within the region. RESOLUTION NUMBER 21-7943 A RESOLUTION EXPRESSING THE INTENT OF THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS IN RESPONSE TO THE PROPOSAL BY THE FRIENDS OF THE RIVER FOUNDATION AND THE YMCA FOR A PUBLIC/PRIVATE PARTNERSHIP FOR THE SMOKY HILL RIVER GREENWAY TRAIL FROM OHIO STREET TO YMCA. WHEREAS, the Friends of the River Foundation and the YMCA (the "Partners") have presented a proposal to the City for a public/private partnership project for the development of the Smoky Hill River Greenway Trail from Ohio Street to YMCA (the "Proposal"); and WHEREAS, the Partners will be responsible for funding all trail improvements that are not funded by the City's contribution of $450,000. THEREFORE, BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section. 1. The Governing Body expresses its appreciation for the locally based vision and work represented by the Partners. Section 2. The Governing Body expresses its conceptual support for the objectives of the Proposal and its desire to pursue a public/private partnership with the Friends of the River Foundation and the YMCA for the development of the Smoky Hili River Greenway Trail from Ohio Street to YMCA. The proposed project will provide a linear park trail that connects Bill Burke Park and Kenwood Cove Aquatic Park, refer to Exhibit A. The anticipated funding for Phase 1 and 2 of the Greenway Trail is as follows: Funding Source City FotR Foundation/YMCA Donors Funds Available Phase 1 Phase 2 $250,000 $200,000 1208,000 $208.000 $458,000 $408,000 2021/2022 2023/2024 Section 3. This resolution shall be in full force and effect from and after its adoption. Adopted by the Board of Commissioners and signed by the Mayor this 22°a day of March 2021. (SEAL) Melissa Rose Hodges, Mayor ATTEST: Cheryl Mermis, Deputy City Clerk W 0 H � 00,i. R.. �.t.-.. 9 0� CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 3/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 7 BY: ITEM City Manager's Office FINAL APPR VAL: NO: 4 Page 1 BY: Mike Schrage, City Manager BY: ITEM: Resolution No. 21-7930: A resolution authorizing the Mayor to execute a Transferee Agreement with Fourth & Walnut, LLC. BACKGROUND: The City of Salina and Master Developers, Salina202O, have entered in to a complex funding arrangement to fund redevelopment of downtown Salina which utilizes a wide array of financing tools for agreed upon projects with agreed upon incentive formats. The terms of that agreement are formalized in a Development Agreement and Supplemental Agreement entered in to by the parties. A detailed summary of the format of the Downtown Development Agreement and Supplemental Agreement and the resulting funding sources and dedicated uses of those funds has been provided as an attachment to this report. Pursuant to the terms of those agreements and in their role as Master Developer, Salina202O has actively recruited downtown tenants and redevelopment projects and prepared public funding requests for further consideration. Salina202O has been in coordination with the developers of The Yard which is a 20,000 square foot state of the art indoor baseball/softball academy being constructed in the northwest quadrant of the intersection of Fourth & Walnut Streets in downtown Salina at an estimated project and startup cost of $1,521,000. Salina202O has provided the attached public financing request as well as the attached correspondence providing a detailed comparison of the project elements to the Goals & Objectives agreed upon in the Supplemental Agreement. The applicants are requesting and Salina202O has indicated their support and recommendation for incentive funding totaling $250,000 to be funded by the New Business Tax Increment Financing Fund. The attached Resolution and Transferee Agreement provide for funding at the requested level as recommended by Salina202O. The Supplemental Agreement provides the following definitions relative to New Business TIF Costs: "New Business TIF Costs" means costs which may be reimbursed through TIF Proceeds on deposit in the New Business TIF Fund for real property acquisition for New Businesses, as well as infrastructure, demolition, utility relocation and construction, other site preparation related costs, and other TIF Eligible Costs for such New Businesses, plus interest on such costs at a rate of 5% per annum that accrues beginning on the later of the date of execution of the applicable Transferee Agreement or the date of such expenditure. The Development Agreement and Supplemental Agreement were negotiated and entered in to with the Master Developer as an initial step to provide an agreed upon format to fund yet to be identified development projects as described above and in the attached summary. The Development Agreement specifically anticipates and provides for transfer of rights and responsibilities of the Master Developer AGENDA SECTION NO: ITEM NO: Page 2 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 3/22/2021 4:00 P.M. ORIGINATING DEPARTMENT City Manager's Office BY: Mike Schrage, City Manager to individual third parties on a project -by -project 1 case-by-case basis. FISCAL APPROVAL: BY: FINAL APPROVAL: BY: The Development Agreement provides for receipt, review and approval of requests for assignment of portions of the agreement to third parties and utilization of Transferee Agreements as a means to transfer the rights of the Master Developer to individual projects. A form or template Transferee Agreement was negotiated and attached to the Supplemental Agreement and has served as the basis of subsequent Transferee Agreements that have been previously executed as well as the attached proposed Transferee Agreements. It should be noted that the Supplemental Agreement included as Exhibit E entitled Goals and Objectives as an overview of the shared desire of the City and Master Developer to "attract a diverse mixture of retail, restaurant, multi -family housing, office, entertainment, hotel and other development uses complimentary to the downtown destination attractions in order to ensure that the downtown remains vital and sustainable for the long term." The Master Developer and applicant have provided narrative discussing how the project aligns with the stated goals and objectives. Additionally, the Development Agreement includes provisions related to Prohibited Land Uses. Land uses specified in Exhibit R of the agreement. Section 4.01 of the agreement provides that "Prohibited Land Uses shall neither qualify to receive Public Finance Proceeds nor be eligible for assistance from IRBs unless otherwise agreed by the City and the Master Developer". Item number 13 of Exhibit R is "Any health spa, fitness center or athletic facility which occupies more than ten thousand (10,000) square feet of floor area". The list of prohibited uses was proposed by the Master Developers at the time the Development Agreement was being drafted which was approximately five years ago. Neither City staff nor representatives of the Master Developer can recall a specific reason for this particular prohibition. It might have been out of concern about competition with the City's Field House, but the proposed facility and operational model are not disruptive to Field House operations. In fact, it appears that large events conducted by The Yard are likely to generate Field House rentals when a larger space is needed. Execution of the Transferee Agreement as proposed would demonstrate that the City and Master Developer have otherwise agreed to utilization of Public Finance Proceeds for this particular project. FISCAL NOTE: As described in detail in the background narrative provided above, the Development Agreement and Supplemental Agreement establish multiple funds with specific dedicated sources and uses of funds. The Development Agreement, Supplemental Agreement and each Transferee Agreement provide for payments to approved projects to occur only on a pay -as -go basis provided sufficient funds are on deposit. There is also a project priority system established to further account for allocation of funds amongst projects in the event that sufficient funds are not available for all projects in any given year. The described pay-as-you-go provisions insure that funding responsibility is limited to available and segregated TIF or CID funds generated and on deposit without representing any further fiscal responsibility on the part of the City of Salina. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 3/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: ITEM City Manager's Office FINAL APPROVAL: NO: Page 3 BY: Mike Schrage, City Manager BY: This request was originally submitted as a $380,250 request to be funded from TIF & CID proceeds. It was subsequently realized that the site location was not included within the CID boundaries. After reviewing the process to amend the CID boundaries as well as considering the level of sales taxes likely to be directly generated by the proposed project, the request has been reduced to $250,000 to be solely funded from the New Business TIF Fund. The requested amount represents a 16.5%/83.5% allocation of public and private funds to the 50% minimum private contribution provided for in the template transferee agreement. COMMISSION ACTION OR RECOMMENDED ACTION: Staff has identified the following options for the City Commission's consideration: 1.) Approve Resolution No. 21-7930. 2.) Approve Resolution No. 217930 with amendments as the City Commission deems appropriate. 3.) Postpone consideration of Resolution No. 21-7930 to a specified date and time and provide staff direction regarding additional information or amendments the City Commission would like to request for their further consideration. 4.) Vote to deny Resolution No. 21-7930 resulting in disapproval of the application as currently submitted. As the Master Developer, Salina202O is in the lead role of identifying and recruiting development and redevelopment to the downtown and proposing utilization of the various funding sources in furtherance of the overall redevelopment goals for the downtown. It was anticipated that projects receiving public funds would include "a diverse mixture of retail, restaurant, multi -family housing, office, entertainment, hotel and other development uses complimentary to the downtown destination attractions". The applicant and Master Developer have articulated a justification that this particular project contributes to the downtown in a manner consistent with the stated goals. Additionally, redevelopment of this particular project site represents a significant improvement to the site and buildings that contributes to a renaissance of sorts of the 4t" Street corridor from Walnut Street to Iron Street. Other projects and contributors located on that street segment include The Friends of the River offices, the Art Center Warehouse, the Salina Educational Auto Museum of America and the proposed public gathering space for the River Renewal Project. Staff recommends Option #1. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 3/22/2021 4:00 P.M. March 18, 2020 Mike Schrage City Manager City of Salina 300 W. Ash Street Salina, KS 57401 Mike: As you know, the Salina Baseball Academy has applied for incentives under the New Business TIF and CID funds for downtown Salina. Although the project does not include a traditional retail business, Salina 2020 believes that it either directly meets or significantly contributes to achieving the goals and objectives outlined in Exhibit E of the Supplemental Agreement signed by the City of Salina and Salina 2020 on October 9, 2017. Background: Salina Baseball Academy is a new project being led by Guy and Kate Gross. Guy and Kate own a dental practice in Salina. Additionally, Guy serves as CEO of Dental Service Organization that has developed and manages 12 dental practices. They have partnered with 4th & Walnut LLC to purchase the property at 4th and Walnut, formerly Medina Construction. The principals of 41h & Walnut LLC are Jacob Wilson and Bob Moeller, they lead a successful development and construction company called Restore Properties. As you may recall, the property was in poor condition and did not contribute to a vibrant and successful downtown. The development team is proposing to spend $1,521,000 on acquisition and redevelopment costs for the project. This includes a fully renovated building that will include new flooring, walls, roof, windows, doors, siding, HVAC, and plumbing. The following is copied from their application: The property is currently & owned by 411 & Walnut I.I.C. The northwest white building on the property will be demolished. All remaining buildings will be fully restored. This will include but not be limited to; new interior flooring, walls, roofs, windows, doors & siding. The property will also boast updated electrical, plumbing & HVAC, new concrete work adding additional parking spaces & safer entrances. The indoor baseball/softball academy will span approximately 20,000 square feet, house 14 indoor batting cages, 8 indoor pitching mounds & a major league size infield, covered by a roof & enclosed by nets. State of the art equipment to be housed at the facility includes but is not limited to; • HitTrax-data capture & simulation system that provides a powerful combination of performance data & entertainment value for player training, college recruitment, & competitive hitting leagues • Fully netted & turfed baseball/softball practice areas • Online scheduling software for member convenience • Digitally tracked security system for member safety i 4 Hack Attack-baseball/softball pitching machines that is the major league quality training tool used to develop serious young players • 14-19' wide x 45-66' deep batting cages- oversized cages built to accommodate all ages & skill levels • Major League size infield; covered & enclosed -available for year round play providing repetitions players need for consistent improvement & live game environment in the off-season • 8 Pitching mounds -built with team training & individual development in mind The facility will be used for workouts by an estimated 250-300 members on a daily to weekly basis. In addition, the facility will provide small group training, private lessons, opportunities for teams to host fundraising events, competitive leagues by position, team & player camps, coaching clinics, & more. The marketing strategy includes drawing players into Salina from a 90-120 mile radius to The Yard to compete. This location was chosen because of the close proximity to downtown Salina. The opportunity for players & fans to be able to walk to hotels, restaurants & great local activities; shopping, The Field House, The Alley, etc, will create an overall unique experience that is unmatched in the state of Kansas. Goals & Objectives (the following is copied from the Supplemental Agreement): one of the primary goals of the Salina downtown revitalization project (the "Project") is to catalyze the redevelopment of the downtown area through the enhancement of existing destination attractions and the introduction of a diverse mix of several new destination attractions aimed at enhancing the visitor experience and generating increased out-of-town visitation and trade. in addition to this goal, it is the shored goal of the City and the Master Developer to attract a diverse mixture of retail, restaurant, housing, office, entertainment, medical, and other development uses complimentary to these destination attractions in order to ensure that the downtown area remains vital and sustainable for the long term. The goal of the provisions of this Supplemental Agreement is to provide a structure for allocating economic development incentives for utilization in development of this mix of uses. Specifically, the City and the Master Developer state the following goals with regard to such mixture of uses: - General Project Objectives (for all projects) o Attract businesses which fulfill the primary downtown redevelopment objectives stated above. o Attract capital investment that noticeably increases the future tax base. o Attract capital investment that enhances the aesthetic quality of downtown. o Attract developers with the requisite financial capacity to complete their proposed project. © Attract developers/businesses with a track record of success, although first-time business owners/developers shall not be disadvantaged because of a lack of a significant track record. o Attract developers who will be prepared to move forward with commencement of their projects within a reasonably expeditious timeframe. o Introduce new economic activity and sales tax generation within the downtown area. o Make downtown a more desirable place to live. o Maintain a safe, secure area for residents, businesses and visitors. o Increase property values downtown. o Attract business which will increase jobs in the downtown area. Retail/Restaurant Development Objectives o Attract businesses with strong market appeal, providing for a diverse mix of uses downtown. o Attract businesses with a strong brand image, as well as retailers with a unique, local, or creative new brand or concept. o Attract businesses offering high quality products and/or attract businesses with a sound business and marketing plan for new products. o Intent improvements to existing local retailers and restaurants in order to improve sales of such businesses, and enhance the appearance of such businesses. We have highlighted the goals and objectives that this project directly meets. In addition to directly meeting these specific items, we believe this is exactly the type of project that will make a substantial contribution to the long-term viability of the existing retail stores and restaurants, and help recruit new ones as well. Not only does it promote visitors from outside of Salina, perhaps more importantly, it gives the people in our community another reason to be downtown. In our opinion, there is very little Salina 2020 or the City of Salina can do to help the existing stores and restaurants more than promoting projects that increase traffic and visitation in the downtown area. It's also important to mention that this project is immediately south of the car museum, so it will complete redevelopment of the entire west side of 4th Street from Walnut to Iron. That would be a remarkable achievement for a low traffic street two blocks off of Santa Fe. Even more important is that Guy and Kate Gross have the wherewithal to sustain the project long term. They, like all of Salina 2020, want to be part of what is happening in downtown Salina and to help drive people and retail sales to the downtown project to help our community grow and get stronger. Mike, as we have worked collectively on this project over the last six years, you'll recall that we often had to recruit investment into the downtown area. In this case, we are incredibly fortunate to have a local family that is passionate about the project, well capitalized, and interested in investing $1.245M in downtown Salina. It is critical that we not lose the traction we are gaining on downtown development, especially during the challenging times Covid-19 has presented. In Salina 2020's opinion, we should do everything we can to encourage the City Commission to support this incentive request. Please know that Guy Gross has been pushing us to keep this moving forward and is very eager to continue towards completion of the project. Once you have had an opportunity to review, feel free to reach out if you have any questions or would like to discuss further. If not, we would like to proceed with the next steps as quickly as possible. Sincerely, Salina 2020 RESOLUTION NUMBER 217930 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TRANSFEREE AGREEMENT WITH SALINA 2020, INC. AND FOURTH & WALNUT, LLC. BE IT RESOLVED by the Governing Body of the City of Salina.Kansas: Section 1. The Mayor is authorized to execute the attached Transferee Agreement with Salina202O, Inc and Fourth & Walnut, LLC, subject to the terms and conditions of the agreement. Section 2. The City Clerk is hereby directed to file and retain the original agreement and retain according to the City of Salina Records Management Policy. Section 3. This resolution shall be in full force and effect from and after its adoption. Adopted by the Board of Commissioners and signed by the Mayor this 22nd day of March, 2021. Adopted by the Board of Commissioners and signed by the Mayor this 22nd day of March, 2021. (SEAL) ATTEST: Cheryl Mermis, Deputy City Clerk Melissa Rose Hodges, Mayor TRANSFEREE AGREEMENT THIS TRANSFEREE AGREEMENT (this "Agreeanent"), is made and entered into this day of March, 2021.(the "Effective Date") between and among the CITY OF SALINA, KANSAS, a municipal corporation duly organized under the laws of the State of Kansas (the "City"), SALINA 2020, INC., a Kansas corporation (the "Master Develo er"), and Fourth & Walnut, LLC, a Kansas limited liability company ("Transferee') (collectively, the "Parties" and each a "Party"). RECITALS: A. City and Master Developer have entered into that certain Development Agreement dated as of January 23, 2017, as amended by the First Amendment to Development Agreement dated as of January 12, 2018 and the Second Amendment to Development Agreement dated as of November 5, 2018 (as amended, the "Development Agreement") concerning development of a mixed-use project located generally within downtown Salina, Kansas as more specifically described in Section 3.01 of the Development Agreement (the "Project").. B. Article IX of the Development Agreement provides for assignment by the City and Master Developer of certain obligations, covenants, and agreements under the Development Agreement to third parties. Accordingly, the City and the Master Developer desire to transfer certain obligations, covenants, and agreements to Transferee in accordance with Article IX with respect to the portion of the Project described in Exhibit A attached hereto (the "Transferee Project"). A legal description and boundary map of the location of the Transferee Project is attached as Exhibit B hereto, which shall hereinafter be referred to as the "Project Area". C. The Parties desire to enter into this Agreement so that the Transferee shall acknowledge, assume and agree to perform those obligations, covenants and agreements under the Development Agreement (as well as additional terms described herein) as the same pertain to the design, construction, completion and operation of the Transferee Project. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties understand and agree that the Recitals set forth above are hereby incorporated as though more fully set forth herein. 2. Definitions of Words and Terms. For all purposes of this Agreement, except as otherwise provided or unless the context otherwise requires, the words and terms used in this Agreement shall have the meanings set forth in Section 1.01 of the Development Agreement. 3. Term of Agreement and Master Developer's Rights. This Agreement shall commence upon the Effective Date and shall terminate upon that date which is the earlier of (i) the date that the Transferee has been reimbursed for all Eligible Transferee Costs by Public 74229!34.] Finance Proceeds, or (ii) the date this Agreement is terminated pursuant to Section 6 or Section 14 herein (the "Term"). Notwithstanding the foregoing, the Master Developer's rights, duties, and obligations under this Agreement shall expire on the date of the Certificate of Full Completion for the Transferee Project. 4. General Acknowledgement and Assumption. Transferee hereby acknowledges, assumes and agrees to perform each and every obligation, covenant and agreement under the Development Agreement, except as modified below, but only to the extent that the same shall pertain to the design, construction, completion and operation of the Transferee Project, each of which is hereby incorporated as though more fully set forth herein. Transferee hereby understands and agrees that the City or Master Developer may enforce the same directly against Transferee. Notwithstanding the foregoing, the Transferee Project to be completed by the Transferee shall be defined by Exhibit A to this Agreement, which shall control with regard to description of the Transferee Project. Transferee acknowledges that it has received a copy of the Development Agreement and any amendments thereto, and has reviewed the terms of same with counsel of its own election. 5. Specific Acknowledgement and Assum tion. (a) Development Agreement Provisions Assumed by Transferee. In connection with the Transferee Project, Transferee specifically acknowledges, assumes and agrees to perform the following obligations, covenants and agreements, set forth in the Development Agreement, as modified in certain instances below: All of the terms and conditions in Article I (Definitions and Rules of Construction). ii. All of the representations and warranties of the Master Developer made in Article II. In addition, Transferee makes the following representations: a. No Material Change. There has been no material adverse change in the business, financial position, prospects or results of operations of the Transferee which could affect the Transferee's ability to perform its obligations pursuant to the Agreement. b. Compliance with Laws. Transferee, to the best of its knowledge, is in compliance with all valid laws, ordinances, orders, decrees, decisions, rules, regulations and requirements of every duly constituted governmental authority, commission and court applicable to any of its affairs, business, operations as contemplated by this Agreement and the Development Agreement. C. Construction Permits. Except for Permitted Subsequent Approvals, all governmental permits and licenses required by applicable law to construct, occupy and operate the Transferee Project have been issued and are in full force and effect or, if the present stage of development does not allow such issuance, the Transferee reasonably believes, after due inquiry of the appropriate governmental 2 74229139.1 officials, that such permits and licenses will be issued in a timely manner in order to permit the Transferee Project to be constructed. iii. All of the terms and conditions set forth in Article III, Article IV, Article VI, Article VII, Article VIII, Article IX, as the same relate to the Transferee Project and rights, duties and obligations of the Third Party Developer of the Transferee Project. iv. All of the terms and conditions in Article X (General Provisions). (b) Non -Exclusive. Each of the foregoing provisions is hereby incorporated by reference and Transferee hereby understands and agrees that the City or Master Developer may enforce the same against Transferee in connection with the Transferee Project. Further, the Parties understand and agree that if and to the extent the various exhibits attached to the Development Agreement are referenced in the obligations that are acknowledged and assumed by the Transferee, such exhibits are hereby incorporated by reference as though more fully set forth herein. Notwithstanding the foregoing, the Transferee Project to be completed by the Transferee shall be defined by Exhibit A to this Agreement, which shall control with regard to description of the Transferee Project. The Transferee acknowledges that the provisions of the Development Agreement referenced in this Section are not exclusive of the provisions of the Development Agreement assumed by Transferee in connection with the Transferee Project, and that Transferee assumes all provisions of the Development Agreement applicable to the Transferee and the Transferee Project regardless of specific inclusion within this Section. (c) Provisions Specifically Not Assumed by Transferee. Notwithstanding anything set forth herein which is seemingly to the contrary, the Parties hereby acknowledge and agree that Transferee shall have no obligation to perform any of the obligations under the following provisions, nor shall Transferee have any rights related to the following provisions: i. All of the terms and conditions set forth in the Development Agreement regarding development, financing, and operation of (or otherwise applying to) any other Project Component other than the Transferee Project. ii. All of the terms and conditions set forth in Article V (STAR Bond Issuance). 6. Performance Milestones. The Parties hereby agree that construction of the Transferee Project, subject to circumstances set forth in Section 8.49 of the Development Agreement, shall be undertaken in accordance with the following schedule (the "Performance Milestones"): (a) Commencement of the Transferee Pros Transferee has commenced construction of the Transferee Project. (b) Construction of the Transferee PM ect. Transferee shall construct the Transferee Project in a good and workmanlike manner in accordance with the terms of this 74229134.1 Agreement and the Development Agreement. Upon reasonable advance notice, the Transferee shall meet with the City to review and discuss the design and construction of the Transferee Project in order to enable the City to monitor the status of construction and to determine that the Transferee Project is being performed and completed in accordance with this Agreement and the Development Agreement. (c) Completion of the Transferee Proiect. The Transferee shall cause the Transferee Project to be completed with due diligence. Transferee shall complete construction of the Transferee Project by May 1, 2021. Completion of the Transferee Project shall mean receipt of a Certificate of Completion as defined in Section 3.07 of the Development Agreement. (d) Failure to CoLnply with Performance Milestones. i. Failure to Timely Complete the Pro'ect. In the event that Transferee shall fail to meet any of the Performance Milestones set forth in this Section, subject to Section 8.09 of the Development Agreement, then the City may require Transferee to appear before the City to show cause as to why Transferee failed to comply with the Performance Milestones. If Transferee cannot show cause for the delay which is reasonably satisfactory to the City, the City may exercise any or all of the following remedies. a. b. Failure to Timely Complete. In the event Transferee does not complete the Transferee Project within 90 days following the completion date identified in Section 6(e) herein, the City may provide written notice to Transferee of its election to reduce the TIF Allotment Principal described in Section 7 herein by twenty-five percent (25%), unless otherwise agreed by the City and Master Developer. In the event Transferee does not complete the Transferee Project within 120 days following the completion date identified in Section 6(c) herein, the City may provide written notice to Transferee of its election to cumulatively reduce the TIF Allotment Principal described in Section 7(b) herein by fifty percent (50%), unless otherwise agreed by the City and Master Developer. In the event Transferee does not complete the Transferee Project within 180 days following the completion date identified in Section 6(c) herein, the City may provide written notice to Transferee of its election to terminate the rights, duties and obligations of Transferee under the Development Agreement and this Agreement, unless otherwise agreed by the City and Master Developer. The City shall provide written notice to the Master Developer and Transferee of its intent to provide notice to the Transferee as provided herein a minimum of twenty (20) business days prior to providing such notice to Transferee. Each of the deadlines described in this Section shall be subject to extensions of time as set forth in Section 8.09 of the Development Agreement. ii. Rights and Remedies Cumulative. Except as otherwise expressly stated in this Agreement or the Development Agreement, the rights and remedies 4 74229134.1 of the parties are cumulative, and the exercise by a party of one or more of such rights or remedies under this Agreement or the Development Agreement (pursuant to Section ld herein) shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7. Public Finance Proceeds. (a) Conditions Precedent to Access to Public Finance Proceeds. Prior to access to Public Finance Proceeds for purposes of partially financing the Transferee Project and the right to submit a Certification of Expenditures for reimbursement for Eligible Transferee Costs through Public Finance Proceeds pursuant to the provisions of the Development Agreement, Transferee must have obtained a Certificate of Completion for the Transferee Project as defined in Section 3.07 of the Development Agreement (the "Public Finance Access Condition"). (b) Public Financing Ca . Following Transferee's satisfaction of the Public Finance Access Condition, City and Master Developer will provide Transferee access to TIF Proceeds up to $250,000 from the New Business TIF Fund (the "TIF Allotment Principal") plus interest as described in Section 7(c) below. Such TIF Proceeds shall be used by Transferee solely for financing those costs of the Transferee Project identified in the columns labeled TIF Uses in the Project Budget attached as Exhibit C-2 (collectively, the "Eligible Transferee Costs"). Such Eligible Transferee Costs shall in all cases be reimbursable only subject to and in accordance with the terms of the Development Agreement, this Agreement, the Bond Trust Indenture, and Kansas law. (c) interest on Certified Eli 'ble Transferee Costs. In addition to reimbursement to Transferee up to the TIF Allotment Principal, interest at a rate of 5% per annum will be reimbursed to Transferee from the New Business TIF Fund on all Eligible Transferee Costs composing the amount of the TIF Principal which a) have been certified for reimbursement by the City and b) have yet to be reimbursed. (d) Pay -Co Reimbursement. Transferee hereby acknowledges and agrees such Public Finance Proceeds shall be available to Transferee on a pay-as-you-go basis in accordance with the terms of the Development Agreement and that City and Master Developer do not guarantee any specific amount of Public Finance Proceeds will actually be available to Transferee for reimbursement of Eligible Transferee Costs. Further, Transferee hereby acknowledges and agrees it shall not commence or join any cause of action or other legal recourse under this Agreement, the Development Agreement, or in law or equity against City or Master Developer (and acknowledges that it possesses no such cause of action or legal recourse) in the event Transferee receives reimbursement for Eligible Transferee Costs through Public Finance Proceeds in an amount less than Transferee's TIF Allotment Principal plus interest. All costs of developing the Transferee Project, including Eligible Transferee Costs, in excess of the Public Finance Proceeds actually received by Transferee shall be the sole responsibility of Transferee. In order to 74229134.1 access such TIF Proceeds, Transferee shall submit Certifications of Expenditures to the City in a manner consistent with Article VI of the Development Agreement. (e) Public Finance Proceeds Annual Allotment. Pursuant to the terms of that certain Supplemental Agreement, Transferee's Public Finance Proceeds Annual Allotment from the New Business TIF Fund is $19,250 of TIF Proceeds. Such Public Finance Proceeds Annual Allotment shall only be reimbursed to the Transferee in accordance with the terms of this Agreement, the Development Agreement, and the Supplemental Agreement. (f) Public Finance Limitation. i. In addition to the foregoing conditions applicable to the disbursement of TIF Proceeds the Transferee, the combined total TIF Proceeds available to Transferee for reimbursement of Eligible Transferee Costs shall not exceed fifty percent (50%) of the amount of the actual costs expended by Transferee to develop the Transferee Project ("Total Project Costs"). The remainder of all Total Project Costs, in an amount no less than fifty percent (50%®) of such Total Project Costs, shall be paid by Transferee through a combination of private debt and equity (the "Private Contribution"). In other words, there shall not be more than fifty percent (50%) of Total Project Costs paid with TIF Proceeds (the "Public Finance Limitation"). ii. The Certification of Expenditures submitted by Transferee shall include evidence of payment for Total Project Costs paid with the Private Contribution in an amount which is no less than fifty percent (50%) of the Total Project Costs incurred at the time of such Certification of Expenditures in order to satisfy the Public Finance Limitation. In other words, the cumulative amount of Total Project Costs eligible for reimbursement through TIF Proceeds shall not exceed fifty percent (50%) of the cumulative amount of Total Project Costs in included in the Certification of Expenditures. 8. Insurance. Each Third Party Developer shall keep the Transferee Project continuously insured against such risks and in such amounts, with such deductible provisions as are customary in connection with the operation of facilities of the type and size comparable to the Transferee Project. 9. Indemnification of City and Master Developer. Transferee agrees to indemnify and hold the City and Master Developer, and the employees, agents, officers, officials and independent contractors and consultants of the City and the Master Developer (collectively, the "Indemnified Parties") harmless from and against any and all suits, claims, costs of defense, damages, injuries, liabilities, judgments, costs and/or expenses, including court costs and reasonable attorneys' fees, ("Losses") resulting from, arising, out of, or in any way connected with: (a) Transferee's actions and undertaking in implementation of the Transferee Project, the Development Agreement, this Agreement; 74229134.1 (b) the negligence or willful misconduct of Transferee, its employees, agents or independent contractors, consultants, affiliates, and any other party related to Transferee or under its control, in connection with the management, design, development, redevelopment and construction of the Transferee Project; and (c) any delay or expense resulting from any litigation filed against Transferee by any member or shareholder of Transferee, any prospective investor, prospective partner or joint venture partner, lender, co -proposer, architect, contractor, consultant or other vendor. This Section shall not apply to Losses to the extent that such Losses arise from the willful misconduct or gross negligence of the City or Master Developer or the officers, employees or agents of City or Master Developer. This Section includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remediation, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in (i) the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"; 42 U.S.C. Section 9601, et seq.), (ii) the Resource Conservation and Recovery Act ("RCRA"; 42 U.S.C. Section 6901 et seq.) and (iii) Article 34, Chapter 65, K.S.A. and all amendments thereto, at any place where such Transferee owns or has control of real property pursuant to any of Transferee's activities under the Development Agreement and this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA to assure, protect, hold harmless and indemnify City and Master Developer from liability. 10. Payment of Taxes and Liens. Transferee hereby agrees as follows: (a) Payment of Property Taxes. During the Term of this Agreement, Transferee and its respective Affiliates shall pay when due all real estate taxes and assessments on the property it owns within the Districts. However, the obligation to pay real estate taxes and assessments on such property shall not be a personal obligation of the Transferee and its respective Affiliates but is subject to the same provisions related to enforcement and collection of real estate taxes and assessments under laws of the State. In the event that the Transferee or its Affiliates shall fail to pay all such applicable real estate taxes and assessments after any notice and cure periods set forth in Section 8.02 of the Development Agreement, the Transferee understands and agrees that, among other things, the City may (i) terminate financing of the Transferee Project through Public Finance Proceeds, (ii) suspend all reimbursements of Eligible Transferee Costs through Public Finance Proceeds during any time that such real estate taxes and assessments on the property owned by Transferee and its respective affiliates within the Districts remain unpaid or (iii) exercise any other remedies under this Agreement and/or the Development Agreement. Notwithstanding the foregoing, nothing contained in this Agreement shall prohibit the Transferee and its respective affiliates from contesting the assessed value of the properties, improvements or the taxes thereon in good faith by appropriate proceedings; provided however that each such party shall pay any and all amounts that are contested under protest while any such proceedings are pending. The Transferee and its respective affiliates shall 7 74224134.1 promptly notify the City in writing of a protest of real estate taxes or valuation of property owned by the Transferee or its respective affiliates within the Districts. (b) Liens. Transferee and its respective Affiliates further agree that no mechanics' or other liens shall be established or remain against the Transferee Project or the property within the Districts, or the funds in connection with any of the Transferee Project, for labor or materials procured by Transferee and furnished in connection with any acquisition, construction, additions, modifications, improvements, repairs, renewals or replacements so made. However, Transferee shall not be in default if mechanics' or other liens are filed or established and the Transferee and its respective Affiliates contests in good faith said mechanics' liens and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom. (c) Sales Tax Collection. If Transferee is engaged in the business of selling tangible personal property at retail or rendering or furnishing services taxable pursuant to the provisions of the Kansas retailers' sales tax act and amendments thereto (K.S.A. 79- 3601 et seq.) within any of the Districts, Transferee shall collect, and make returns of, all taxes levied under the Kansas retailers' sales tax act and any CID Sales Tax imposed within the District in which Transferee is engaged in such business, all in the manner and at the times prescribed by applicable law. The Transferee shall be obligated to provide the City, along with its submission to the Kansas Department of Revenue, copies of the monthly sales tax returns for Transferee's businesses within the Districts, if any, for which Transferee is obligated to submit sales tax returns to the Kansas Department of Revenue. To the extent it may legally do so, information obtained pursuant to this Section shall be kept confidential by the City in accordance with Applicable Law and Requirements, including but not limited to K.S.A. 79-3657. 11. Damage, Destruction or Condemnation. (a) In the event of damage to or destruction of any portion of the Transferee Project (other than the public roads, public right of way and public lands within the Transferee Project) resulting from fire or other casualty during the Term (a "Casualty'), or in the event any portion of the Project Area is condemned or taken for any public or quasi - public use or title thereto is found to be deficient during the Term, the net proceeds of any insurance relating to such damage or destruction, the net proceeds of such condemnation or taking or the net proceeds of any realization on title insurance shall be paid into, and used in accordance with a construction escrow agreement reasonably satisfactory to the City, Transferee, and Transferee's construction or permanent lender ("Casualty Escrow"). (b) If, at any time during the Term, the Transferee Project or any part thereof (other than the public roads, public right of way and public lands within the Project) shall be damaged or destroyed by a Casualty (the "Damaged Facilities"), Transferee, at its sole cost and expense, shall commence and thereafter proceed as promptly as possible to repair, restore and replace the Damaged Facilities as nearly as possible to their condition immediately prior to the Casualty and shall be entitled to draw upon the Casualty Escrow for payment of said costs. M 74229134.1 (c) If at any time during the Term, title to the whole or substantially all of the portion of the Project Area owned by Transferee (or its Affiliate) shall be taken in condemnation proceedings or by right of eminent domain, Transferee, at its sole discretion, may terminate this Agreement as of the date of such taking. For purposes of this Section, "substantially all of the Project Area" shall be deemed to have been taken if the City and Transferee, each acting reasonably and in good faith, determine that the untaken portion of the Project Area cannot be practically and economically used by Transferee for the purposes and at the times contemplated by this Agreement. (d) In the event of condemnation of less than the whole or substantially all of the portion of the Project Area owned by the Transferee (or its Affiliate) during the Term, Transferee, at its sole cost and expense, shall commence and thereafter proceed as promptly as possible to repair, restore and replace the remaining part of the Transferee Project, as nearly as possible, to its former condition, and shall be entitled to draw upon the Casualty Escrow for payment of said costs. (e) Nothing in this Section will require the Transferee to expend funds in excess of the Casualty Escrow or to perform any obligation in addition to those obligations contained in the Development Agreement or in this Agreement. 12. Rights of Access and Inspection. (a) Representatives of the City shall have the right of access to the Transferee Project, without charges or fees, at normal construction hours during the period of construction, for the purpose of ensuring compliance with this Agreement, including, but not limited to, the inspection of the work being performed in constructing, renovating, improving, equipping, repairing and installing the Transferee Project, so long as they comply with all safety rules. Except in case of emergency, prior to any such access, such representatives of the City will check in with the on-site manager. Such representatives of the City shall carry proper identification, shall insure their own safety, assuming the risk of injury, and shall not interfere with the construction activity. (b) The Transferee shall maintain complete, accurate, and clearly identifiable records with respect to the Transferee Project, Eligible Transferee Costs and any other documents created pursuant to, or arising under, this Agreement, including, but not limited to, as applicable: all general contractor's sworn statements, general contracts, subcontracts, material purchase orders, waivers of lien, and paid receipts and invoices (collectively, the "Records"). The Records shall be maintained during the term of this Agreement, and for a period of two (2) years thereafter (the "Retention Period"); provided, however, that if any litigation, claim or audit is commenced prior to the expiration of the Retention Period, then the Retention Period shall be extended until all litigation, claims or audit findings have been completely terminated or resolved, without right of further appeal. (c) During the Retention Period, Transferee further agrees that the City, with reasonable advance notice and during normal business hours, shall have the right and authority to review, inspect, audit, and copy, from time to time, all of Transferee's Records as pertinent to the purposes of, or to ensure compliance with, this Agreement. In addition, E 74229134.1 Transferee agrees to provide the City with copies of such Records, upon request. The City shall periodically report the findings of such inspections to Master Developer in writing; provided, however, that nothing contained herein shall create an affirmative obligation of the Master Developer to perform any inspections of the Transferee Project or evaluate the adequacy of the construction of the Transferee Project. 13. AssiggMent and Transfer of this AgEeement. Assignment and transfer of any or all rights, duties or obligations under this Agreement shall be governed by Section 9.03 of the Development Agreement, which is expressly incorporated herein. 14. Defaults and Remedies. Events of Default and remedies therefore shall be governed by Article VIII of the Development Agreement, which is expressly incorporated herein. 15. Release of Master Develo er. To the extent that Transferee has assumed any obligations, terms or conditions of the Master Developer in connection with the Transferee Project under the Development Agreement pursuant to execution of this Agreement, the City hereby specifically agrees to release the Master Developer from such obligations, terms and conditions. 16. Notice. Notice to City and Master Developer shall be as described in the Development Agreement. Notice to Transferee shall be made to the following: To the Transferee: Jacob M. Wilson Fourth & Walnut, LLC 210 East Walnut, Suite 200 Salina, KS 67401 17. Time of the Essence. Time is of the essence of this Agreement. The Parties will make every reasonable effort to expedite the subject matters hereof and acknowledge that the successful performance of this Agreement requires their continued cooperation. 19. Required Disclosures. Each Party shall immediately notify the other Party of the occurrence of any material event which would cause any of the information furnished to other Party (by such furnishing Party) in connection with the matters covered in this Agreement to contain any untrue statement of any material fact or to omit to state any material fact required to be stated therein or necessary to make any statement made therein, in the light of the circumstances under which it was made, not misleading. 20. Non -Binding Mediation. If a dispute or controversy arises between the City, Master Developer, or Transferee under this Agreement, then any Party shall be entitled to request non-binding mediation, and the City, Master Developer, and Transferee agree to participate, in good faith, in any such mediation requested by any other Party. Any request for mediation pursuant to this Section shall be made in writing and delivered to the other 10 74229134.1 Parties within thirty (30) days of the action or decision giving rise to the dispute or controversy. The mediation shall occur in Salina, Kansas, and the cost of any such mediation shall be divided equally between the Parties. 21. Tax Implications. The Transferee acknowledges and represents that (1) neither the City nor Master Developer, nor any of their officials, employees, consultants, attorneys or other agents has provided to the Transferee any advice regarding the federal or state income tax implications or consequences of this Agreement and the transactions contemplated hereby, and (2) the Transferee is relying solely upon its own tax advisors in this regard. 22. Survival. Notwithstanding the termination of this Agreement, Transferee's obligations of insurance and indemnification set out herein shall survive the termination of this Agreement to the extent that any incident giving rise to a claim, suit, judgment or demand occurred during Term. 23. Kansas Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas. 24. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same Agreement. 25. Recordation ofAffeement. The Parties agree to execute and deliver a memorandum of this Agreement in proper fonn for recording in the real property records of Saline County, Kansas, upon the request of a Party. 26. Cash Basis and Budget Laws. The Parties acknowledge and agree that the ability of the City to enter into and perform certain financial obligations pursuant to this Agreement are subject to the K.S.A. 10-1101 et seq. and K.S.A. 79-2935 et seq. 27. Electronic Storagc. The Parties agree that the transactions described herein may be conducted and related documents may be received, sent or stored by electronic means. Copies, telecopies, facsimiles, electronic files, and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law. 28. Master Developer Recusal. Transferee acknowledges that Section 3.10 of the Development Agreement prohibits the Master Developer from making or participating in the making of any Transferee Agreement in which the Master Developer or any of its directors, officers, or shareholders has a substantial interest (as defined in K.S.A. 75-4301a) in the Third Party Developer entering into such Transferee Agreement. In such event, the City and the Third Party Developer of such Project Component shall be the only parties which enter into such Transferee Agreement. Any Transferee Agreement the Master Developer makes or participates in making in violation of Section 3.10 of the Development Agreement may be deemed void in part or whole at the reasonable discretion of the City. 11 74229134.1 IN WITNESS WHEREOF, the City, Master Developer and Transferee have duly executed this Agreement pursuant to all requisite authorizations as of the date first above written. CITY OF SALINA, KANSAS Melissa Rose Hodges, Mayor [SEAL] ATTEST: Cheryl Mermis, Interim City Clerk STATE OF KANSAS } )ss. COUNTY OF SALINA } On this day of , 2020, Melissa Rose Hodges, personally known to me and after first being sworn did state that he is the Mayor of the City of Salina, State of Kansas, and that the seal affixed to the foregoing instrument is the official Seal of the City of Salina, and that said instrument was signed and sealed on behalf of the City, and that the matters set forth herein are true and correct to the best of his and the City's knowledge, information and belief, and acknowledge that he executed the same on behalf of the City as its free act and deed. Notary Public My Commission Expires: 12 74229134.1 IN WITNESS WHEREOF, the City, Master Developer and Transferee have duly executed this Agreement pursuant to all requisite authorizations as of the date first above written. MASTER DEVELOPER: SALINA2020, INC., a Kansas corporation IM Trace Walker, STATE OF KANSAS } } ss. COUNTY OF } On this day of , 2020, before me personally appeared Trace Walker, to me personally known, who being by me duly sworn did say that he is the of Salina202O, Inc., and that said instrument was signed and delivered on behalf of said corporation and acknowledged to me that he executed the same as the free act and deed of said corporation. In Testimony Whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC My Commission Expires: [SEAL) 74224134.1 IN WITNESS WHEREOF, the City, Master Developer and Transferee have duly executed this Agreement pursuant to all requisite authorizations as of the date first above written. TRANSFEREE: By: Printed Name: Title: Date: STATE OF COUNTY OF On this )ss - day ss. day of , 2020, before me personally appeared to me personally known, who being by me duly sworn did say that he/she is the of , a and that said instrument was signed and delivered on behalf of said and acknowledged to me that he/she executed the same as the free act and deed of said In Testimony Whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public Printed Name: My Commission Expires: 74224134.1 EXHIBIT A TO TRANSFEREE AGREEMENT Description of Transferee Project The plan for this property is an indoor baseball & softball facility. The property is currently & owned by 4th & Walnut LLC. The northwest white building on the property will be demolished. All remaining buildings will be fully restored. This will include but not be limited to; new interior flooring, walls, roofs, windows, doors & siding. The property will also boast updated electrical, plumbing & HVAC, new concrete work adding additional parking spaces & safer entrances. The indoor baseball/softball academy will span approximately 20,000 square feet, house 14 indoor batting cages, 8 indoor pitching mounds & a major league size infield, covered by a roof & enclosed by nets. State of the art equipment to be housed at the facility includes but is not limited to; • HitTrax-data capture & simulation system that provides a powerful combination of performance data & entertainment value for player training, college recruitment, & competitive hitting leagues • Fully netted & turfed baseball/softball practice areas • online scheduling software for member convenience • Digitally tracked security system for member safety • 4 Hack Attack-baseball/softball pitching machines that is the major league quality training tool used to develop serious young players • 14-19' wide x 45-66' deep batting cages- oversized cages built to accommodate all ages & skill levels • Major League size infield; covered & enclosed -available for year round play providing repetitions players need for consistent improvement & live game environment in the off-season • 8 Pitching mounds -built with team training & individual development in mind The facility will be used for workouts by an estimated 250-300 members on a daily to weekly basis. In addition, the facility will provide small group training, private lessons, opportunities for teams to host fundraising events, competitive leagues by position, team & player camps, coaching clinics, & more. The marketing strategy includes drawing players into Salina from a 90-120 mile radius to The Yard to compete. This location was chosen because of the close proximity to downtown Salina. The opportunity for players & fans to be able to walk to hotels, restaurants & great local activities; shopping, The Field House, The Alley, etc, will create an overall unique experience that is unmatched in the state of Kansas. 74229134.1 �aF I- 1 Ili, View of 211 E Walnut from 4th Street facing west. This rendering shows all new concrete along the east side providing new parking stalls & the new entrance to the north building. The north orange building houses the batting cages. The black steel structure will house the major league size covered & enclosed baseball & softball infield. F' Aerial view of 211 E. Walnut from the corner of 4th & Walnut. The rectangular black building houses the indoor bullpen/pitching mounds, the large square black roof covers the infield & the first building north is the batting cages. 2 74224134.1 View of 211 E Walnut from Walnut Street facing north. The building to the right is the indoor bullpen/pitching mounds. The infield is to the left and the building with the batting cages is just to the north of the infield. Interior view of the covered & enclosed infield 3 74224134.1 .' }A Interior view of the orange most northern building (batting cage building) 138 S. 4th. Upon entering you will be greeted at the reception desk. This will also be home to the Pro Shop. 0 74229134.1 LL 74229134.1 a 1 Ni 5 EXHIBIT B TO TRANSFEREE AGREEMENT Le al Description and Ma Legal Description: 211 E. Walnut St, the City of Salina in Saline County, State of Kansas. Legally described as; Original town of Salina, S13, T14, R3, Lot 130 132 134 136 & 138 Fourth St Map: I'm 74229134.1 EXHIBIT C-1 TO TRANSFEREE AGREEMENT Critical Path Schedule TO BE PROVIDED SEPARATELY 74229134.1 EXHIBIT C-2 TO TRANSFEREE AGREEMENT Pro_lect Budtet Expense Category Building Acquisition Cost Demolition Cost Plumbing Electrical, Lighting & Fans Roof Concrete Windows & Doors Turf Nets Equipment 74229134.1 TIF Proceeds Private Funds Total Cost $ 250,000 $ 125,000 $ 375,000 $ - $ 200,000 $ 200,000 $ - $ 40,000 $ 40,000 $ - $ 70,000 $ 70,000 $ - $ 306,000 $ 306,000 $ - $ 100,000 $ 100,000 $ - $ 40,000 $ 40,000 $ - $ 200,000 $ 200,000 $ - $ 90,000 $ 90,000 $ - $ 100,000 $ 100,000 Total $ 250,000 $ 1,271,000 $ 1,521,000 EXECUTIVE SUMMARY FOR PUBLIC FINANCING REQUEST The Yard 2021 A THE YARD The Yard 2021 Project Name & Address The Yard 211 E. Walnut St, Salina, KS 67401 138S.4 Ih St., Salina, KS 67401 Applicants The Yard; Owned by Guy & Kate Gross 869 Eastridge Dr, Salina, KS 67401;gwgdds@emaii.com 785-826-6353 4 I & Walnut LLC; Ownership between Jake Wilson, Robert Moeller, Guy & Kate Gross 211 E. Walnut Salina, KS 67401785-342-7545 4th & Walnut LLC owns 211 E. Walnut and 138 S. 4th -- all real estate. Guy & Kate Gross own The Yard, which will be the tenant. This application is seeking TIF tax incentives to bridge the gap between the amount needed to purchase & restore the property & fundraising efforts needed to maintain the facilities availability to all baseball & softball players. A. Proposed Project 1. Detailed Description The plan for this property is an indoor baseball & softball facility. The property is currently & owned by 4th & Walnut LLC. The northwest white building on the property will be demolished. All remaining buildings will be fully restored. This will include but not be limited to; new interior flooring, walls, roofs, windows, doors & siding. The property will also boast updated electrical, plumbing & HVAC, new concrete work adding additional parking spaces & safer entrances. The indoor baseball/softball academy will span approximately 20,000 square feet, house 14 indoor batting cages, 8 indoor pitching mounds & a major league size infield, covered by a roof & enclosed by nets. State of the art equipment to be housed at the facility includes but is not limited to; • HitTrax-data capture & simulation system that provides a powerful combination of performance data & entertainment value for player training, college recruitment, & competitive hitting leagues • Fully netted & turfed baseball/softball practice areas • Online scheduling software for member convenience • Digitally tracked security system for member safety 4 Hack Attack-baseball/softball pitching machines that is the major league quality training tool used to develop serious young players a 14-19' wide x 45-66' deep batting cages- oversized cages built to accommodate all ages & skill levels The Yard 12o2i • Major League size infield; covered & enclosed -available for year round play providing repetitions players need for consistent improvement & live game environment in the off-season • 8 Pitching mounds -built with team training & individual development in mind The facility will be used for workouts by an estimated 250-300 members on a daily to weekly basis. In addition, the facility will provide small group training, private lessons, opportunities for teams to host fundraising events, competitive leagues by position, team & player camps, coaching clinics, & more. The marketing strategy includes drawing players into Salina from a 90-120 mile radius to The Yard to compete. This location was chosen because of the close proximity to downtown Salina. The opportunity for players & fans to be able to walk to hotels, restaurants & great local activities; shopping, The Field. House, The Alley, etc, will create an overall unique experience that is unmatched in the state of Kansas. See Appendix A for original site plans, renderings & further details. The project schedule is as follows: • November 1, 2020 Demolition Complete • April 31, 2021 Construction Complete for entire facility • May 1, 2021 Entire facility open 2. Legal Description of Properties 211 E. Walnut St, the City of Salina in Saline County, State of Kansas. Legally described as; Original town of Salina, 513, T14, R3, Lot 130 132 134 136 & 138 Fourth St See Appendix B for aerial map of property. 3. Description of Existing Uses Property as of Mar 18, 2021 currently has the Batting Cage building open for public use. See Appendix C for current photos of the property. 4. List of all parcels within the Project Site A. Guy & Kate Gross & 4th & Walnut LLC B. See #2. C. SALINE COUNTY PARCEL ID # 085-086-13-0-20-13-012.00-0 D. Current Market & Assessed Value for Land $240,400 5. Evidence of Ownership —The property was purchased by Guy & Kate Gross & Restore Properties LLC in 2020 for $375,000. 6. List of All Businesses currently located within project site Salina Diamond Sports DBA The Yard The Yard 12021 7. No businesses will be relocated as a result of the proposed project. 8. Information concerning the new business to be located upon the Project Site This project site will house a year round baseball & softball training facility that will propel players in the Salina community to the next level of competition. At its core, this facility gives players the opportunity to consistently build skills through year round repetitive position specific training, work on character development, have one on one access to coaches & feel the consistent support that only a year round operation can offer. As a high tech, state of the art facility, it will challenge Salina players to compete at the top of their game. The goal is to make the baseball diamond accessible to any child who wants to improve their game on any day of the year, potentially propelling them to college scholarships & beyond. The facility will be used for: a. Year round fundraisers for teams to create revenue to pay for team expenditures b. Resource for training umpires & developing coaches for the Salina community c. Training hitters, fielders, catchers & pitchers d. Year round pitching & hitting leagues & tournaments; for local & surrounding area teams e. Year round baseball & softball camps, clinics & private lessons The Yard will employee 2-3 team members plus personal trainers. Membership will bring 250-300 individuals to the facility in downtown Salina on a daily to weekly basis for workouts. Facilities will be priced at a family affordable fee. Scholarships will be available to kids who are unable to pay, making the ball diamond accessible to anyone who has the desire work hard & improve. The business is focused on the concept of developing baseball & softball as a whole for North Central Kansas; providing support & training for the player, the coach & the umpire. B. Project Sources & Uses 1. Project Costs Investment Cost Building Acquisition Cost $375,000 Demo Cost $200,000 Construction & Upstart Cost $946,000 Total $1,521,000 The Yard 12021 Construction Plumbing r $40,000 Electrical, Lighting, Fans $70,000 Roof $306,000 Concrete $100,000 Windows, Doors $40,000 Total $556,000 Upstart Turf r st $200,000 Nets $90,000 Equipment $100,000 Total $390,000 Private Financing Sources A. The initial project set up will be funded by i. Guy & Kate Gross; ii. Restore Properties LLC $187,500 B. Letter of Interest or Evidence of Commitment to provide funds from the leading institution signed by the lender or funder. See Appendix D 3. Public Financing Sources The Yard is applying TIF Incentives for 16.4% of our Project Costs, $250,000 A. TIF -100%; $250,000 Source Team Memberships Yearly IncomeRevenue $50,000 Individual Memberships $30,000 Camps $15,000 Hitting Leagues $10,000 Private Lessons $40,000 Pitching Leagues $8,000 Retail $10,000 Event Rental Total.: $5,000 rrr C. Project Feasibility 1. Analysis of Market & Feasibility The Yard has partnered with Mammoth Sports Construction, developing the engineering, rendering, lay out & planning. They currently operate a highly successful indoor baseball training facility in Meriden, Kansas and have chosen to come along side as a mentor on this project. With their insights and others that have been sought out from people that are The Yard 12 oz 1 operating other baseball academies around the state and the region, we have great resources available to know how to do this the right way. Certainly we have a lot of support around us to make this happen. The City of Salina has a rich baseball history & an active baseball & softball culture from which we can draw. In 2019, Salina Parks and Recreation alone had more than 1250 baseball & softball players participate in summer ball programs & hosted 18 tournaments. Salina is also home to approximately 30 traveling teams, 3 high schools with both baseball & softball, & Kansas Wesleyan University The Yard will also provide a year round training facility to our local collegiate athletes as well. The spirit & love of baseball is alive in Salina; in our youth & supported by our community which is apparent in the recent upgrades planned for Dean Evans Stadium. 2. No additional tenants 3. No additional leases 4. Potential Risks These are the 3 main areas of potential risk & the ways we plan to mitigate them. a. Lack of use i. We are currently overwhelmed by community support of coaches, players & fans. If anything, we are finding we may be challenged in our ability to serve everyone's needs. ii. We will work to maintain current relationships, fulfill expectations, & do what we say we are going to do in order to continue the excitement & support. b. Under funding due to lack of use i. We will operate without debt. c. Underdeveloped coaches in Salina i. We are going to maintain our college baseball player coaches who will continue to work to develop local coaches. ii. Maintain 2 staff coaches that will help run operations of the facility & continue to keep a great pipeline of high caliber, young coaches coming through. D. Statement from Guy Gross; Co-owner of The Yard To whom it may Concern, Salina, Kansas is a strong baseball town with a rich history. My passion and excitement for the project of building a baseball and softball training facility in the newly renovated downtown is driven by the belief that we should have access to the best opportunities to succeed in Salina, and that we should continue to embrace that history. For Salina, it's about succeeding by both supporting our youth and our business community. For our youth, it's about getting training, character development, and repetitions As a business owner with a business that serves 3 states and has recruited dozens of doctors and auxiliary workers to Salina, I see projects like this as critical to not only recruitment, but The Yard 12 02 1 retention of talent. Our town should be an attractive place to live for working families, whether in manufacturing, healthcare, or anything in-between. Our community has had a culture of taking initiative to be exceptional. From a beautiful regional hospital, to a world class zoo, to a vibrant downtown, our community members have stepped up and had the vision to take the lead. My passion comes from an even deeper place. As a baseball coach, a dad of baseball players, and a community member I am now driven to step up as a leader for yet another first-class project for the youth and families of Salina. While there are many big baseball enthusiasts among us, Salina has fallen behind. My observation has been made in two ways. First, As I have traveled throughout the midwest and beyond to see what other cities and communities are doing to support their young athletes, I realized that we lack facilities. Our fields have fallen behind and our ability to train athletes year-round has been almost non-existent. Second, as a coach, I watch what it takes to help our athletes with a strong desire to play Division 1 college baseball reach their goals. We have lacked that as well, both in facilities and in access to year-round coaching and practice. Why does this matter? Our athletes are losing scholarship opportunities. I see athletes from other areas of the state as close by as Manhattan, Inman, Meriden, and Hays being provided top -tier training year-round, which allows them to succeed on a statewide level. Of course, the bigger markets of Wichita and the Kansas City area have the resources to provide these facilities. The key point is not just about the facilities and being competitive in regional baseball tournaments, it's about being competitive for scholarships due to great training and continual work on mechanics. Ball players from other areas are not winning those scholarships due to being better athletes than our kids. They are beating us out on training and repetitions. We can do better. The facility we will build in Salina will be first class. It will allow us to train coaches to be better coaches; to train well-prepared ball players; to develop umpires, and to improve the fundamentals of our players from the earliest of stages. We will provide baseball and softball camps, competitive hitting leagues, competitive pitching leagues, private lessons, small -group training, coaching clinics, umpire clinics, position -specific training, speed and agility, arm care, opportunities for teams to fundraise, and, most importantly, character development. Through opportunities for fundraising and a planned foundation, our goal is to make the access to the facility be low-cost and available to anyone with a desire to learn the game. Best, Coach Guy E. Developer & Development Team 1. Developer/Development Company The developers are Guy & Kate Gross & 4 1 & Walnut LLC. 2. Profile of the Principal Member Involved in this Project The Yard 12021 Guy Gross is the principal member in this project. As a lifelong resident of the baseball diamond, Guy has served as a player, parent, coach & fan. Professionally, he is CEO of a Dental Service Organization that has developed & manages 12 dental practices. He also serves patients at his private dental practice, New Horizons Dental Care, in Salina, Ks. Project Team Consultants Mammoth Sports Construction 601 Wyandotte St, Meriden, KS 66512 785-400-6136 4. Provide letter from a financial institution indicating that the applicant has sufficient financial resources to obtain the private financing for the project. See Appendix D The Yard 12021 Appendix A THE YARD View of 211 E Walnut from 411 Street facing west. This rendering shows all new concrete along the east side providing new parking stalls & the new entrance to the north building. The north orange building houses the batting cages. The black steel structure will house the major league size covered & enclosed baseball & softball infield. Aerial view of 211 E. Walnut from the corner of 4" & Walnut. The rectangular black building houses the indoor bullpen/pitching mounds, the large square black roof covers the infield & the first building north is the batting cages. The Yard 2021 View of 211 E Walnut from Walnut Street facing north. The building to the right is the indoor bullpen/pitching mounds. The infield is to the left and the building with the batting cages is just to the north of the infield. Interior view of the covered & enclosed infield The Yard 12021. Interior view of the orange most northern building (batting cage building) 138 S. 4th. Upon entering you will be greeted at the reception desk. This will also be home to the Pro Shop. Vi The Yard 1' 2021 R The Yard o �, a Appendix B e _ i t MORMWIRM0W AMAg.orj Ilia -7;` y� The Yard' o View of 211 E. Walnut from 4th Street facing West The Yard 2021 Appendix D BANK VI ..I Ii 'h P kigust 20- 2G20 Rh Ur Uij, W. ( w!a'Sahnu liuwr ull Acxtem4 1 v wharn II Ida} Car�crres Fleasr acc-CFS INS leact as Sca if:catiur Iha1 Ur. 6uj 'A f lmm has cu iclenl Finami4l rewirsts avuilahle ua hiM trynt%3LIVCnSfT the amixarl ntC&J RR the priV'trle 6nwwni1 fru the Salina Baschal I AcaJemy pmlcci Dt tiros% i% a %clued ruvnnxr of BANK YI %hs ha, ahta) s Fand:rJ his f nanc.al offairs in a pv ante munwr Sl'vuld wu hate ar.% yucsimm%, or need additional infmnin.ion, ptcasc dot, I I>s,LA% to cmucE Ric ]rear LL rca YicJ aS ?8}.R35 11'_] SincerelR, CIL-is Vohs Cemr d Kwrsa, Mink.l I'acsidcnl CITY MANAGER'S OFFICE ChY0f TELEPHONE • (785) 309-5700 Michael D. Schrage FAX - (785) 309-5711 City Manager TDD - (785) 309-5747 300 West Ash - P.O. Box 736 E-MAIL - mike.schrageCcDsalina.oM Salina, Kansas 67402-0736 sada d WEBSITE - www.salina-ks.gov DOWNTOWN REDEVELOPMENT AGREEMENT(S) SUMMARY The City of Salina has entered in to both a Development Agreement and a Supplemental Agreement with Salina 2020, Inc. as Master Developers of the Salina Downtown Redevelopment Project. The agreements address in detail the financing of various improvements in the downtown through the use of the following financial tools: • STAR Bond Financing • New Markets Tax Credit Financing • Tax Increment Financing (TIF) on a Pay -As -You -Go Basis • Community Improvement Districts (CID) Financing on a Pay -As -You -Go Basis The agreements also specify the use of the financial proceeds from the above noted tools to provide financial assistance for the following projects and/or purposes: • The Salina Field House • Parking Lot Improvements Adjoining the Field House • Downtown Streetscape Improvements • Construction of the Homewood Suites Hotel • Construction of The Alley Family Entertainment Center • Construction of the Old Chicago Restaurant • Construction of the Salina Educational Automotive Museum of America • Renovation and Improvement of the Stiefel Theatre • Funding Downtown Maintenance, Security & Programming • Reimbursement of Master Developer Expenses • Creation of a Fund Dedicated to Assisting Construction of Market Rate Apartments Funded with TIF Proceeds on a pay-as-you-go basis • Creation of a New Business TIF Fund • Creation of New Retail Improvements CID Fund • Creation of an Existing Retail CID Fund With respect to the establishment of the various funds noted above, the Development Agreement includes the following provisions. Establishment of TIF Special Allocation Funds. Property Taxes shall be collected for the duration of the TIF Collection Period and deposited into the Downtown TIF Fund, which shall hold the four separate funds established and administered by the City in compliance with the laws of the State and this Agreement: 1) the "Hotel TIF Fund", 2) the "Apartment TIF Fund", 3) the "Old Chicago TIF Fund", and 4) the "New Business TIF Fund" (collectively, the "TIF Special Allocation Funds"). Such Incremental Real Property Taxes shall be deposited by the City upon receipt into the TIF Special Allocation Funds on the following basis: (i) 18.3% of all Incremental Real Property Taxes shall be deposited upon each receipt of same by the City into the Hotel TIF Fund. (ii) 21 % of all Incremental Real Property Taxes shall be deposited upon each receipt of same by the City into the Apartment TIF Fund (iii) 6.9% of all Incremental Real Property Taxes shall be deposited upon each receipt of same by the City into the Old Chicago TIF Fund (iv) 53.8% of all Incremental Real Property Taxes shall be deposited upon each receipt of same by the City into the New Business TIF Fund Hotel TIF Fund. (Est. $800,000) Upon approval of a Certificate of Full Completion for the Hotel Project, the Incremental Real Property Taxes deposited into the Hotel TIF Fund shall be utilized for reimbursement of costs for land acquisition and site preparatio nfinfrastructure costs, including but not limited to for purposes of providing parking for the Hotel Project, up to a maximum of $800,000 plus simple interest on such outstanding amount at a rate of 5% per annum (the "Hotel TIF Costs" which shall be reimbursed up to the "Hotel TIF Cap"). The Hotel TIF Fund shall be terminated (i) once an amount equal to the Hotel TIF Cap is disbursed from the Hotel TIF Fund to fund Hotel TIF Costs or (ii) if the Third Party Developer's rights, duties, and obligations under the Transferee Agreement for the Hotel Project are terminated pursuant to the terms of such Transferee Agreement. Upon termination of the Hotel TIF Fund, any Incremental Real Property Taxes which have been deposited, or which in normal course would have been deposited into the Hotel TIF Fund as described in Section 4,04 herein, shall be redirected into the New Business TIF Fund and administered as described in this Section below. Apartment TIF Fund. (Est. $920,000) Upon approval of a Certificate of Full Completion for the Market Rate Apartments, the Incremental Real Property Taxes deposited into the Apartment TIF Fund shall be utilized for payment or reimbursement of costs for land acquisition and site work for the Market Rate Apartments, up to a maximum of $920,000 plus simple interest on such outstanding amount at a rate of 5% per annum (the "Apartment TIF Costs" which shall be reimbursed up to the "Apartment TIF Cap"). The Apartment TIF Fund shall be terminated (i) once an amount equal to the Apartment TIF Cap is disbursed from the Apartment TIF Fund to fund Apartment TIF Costs, (ii) the Market Rate Apartments do not move forward as mutually agreed by the City and the Master Developer, or (iii) if the Third Party Developer's rights, duties, and obligations under the Transferee Agreement for the Market Rate Apartments are terminated pursuant to the terms of such Transferee Agreement. Upon termination of the Apartment TIF Fund, any Incremental Real Property Taxes which have been deposited, or which in normal course would have been deposited into the Apartment TIF Fund as described in Section 4.04 herein shall be redirected into the New Business TIF Fund and administered as described in this Section below. Old Chicago TIF Fund. (Est. $300,000) Upon approval of a Certificate of Full Completion, the Incremental Real Property Taxes deposited into the Old Chicago TIF Fund shall be utilized for reimbursement of costs for land acquisition and site work for the Old Chicago Project, up to a maximum of $300,000 plus simple interest on such outstanding amount at a rate of 5% per annum (the "Old Chicago TIF Costs" which shall be reimbursed up to the "Old Chicago TIF Cap"). The Old Chicago TIF Fund shall be terminated: (i) once an amount equal to the Old Chicago TIF Cap is disbursed from the Old Chicago TIF Fund to fund Old Chicago TIF Costs, (ii) the Old Chicago Project does not move forward as mutually agreed by the City and the Master Developer, or (iii) if the Third Party Developer's rights, duties, and obligations under the Transferee Agreement for the Old Chicago Project are terminated pursuant to the terms of such Transferee Agreement. Upon termination of the Old Chicago TIF Fund, any Incremental Real Property Taxes which have been deposited, or which in normal course would have been deposited into the Old Chicago TIF Fund as described in Section 4.04 herein, shall be redirected into the New Business TIF Fund and administered as described in this Section below New Business TIF Fund. (Est. $2,624,719) The Incremental Real Property Taxes deposited into the New Business TIF Fund during the TIF Collection Period shall be utilized for reimbursement of New Business TIF Costs including interest on such costs at a rate of 5% per annum. The administration of the New Business TIF Fund shall be described in a supplemental agreement between the City and the Master Developer, to be executed prior to execution of a Transferee Agreement for the Hotel. Establishment of CID Sales Tax Funds. During the CID Collection Period for each CID District, all revenue generated by the CID Sales Tax within the CID Districts and received by the City from DOR shall be deposited into three separate accounts relative to the three separate CID Districts: 1) the Hotel CID Sales Tax Fund, 2) the Alley Project CID Sales Tax Fund and 3) the Downtown CID Sales Tax Fund (collectively the "CID Sales Tax Funds" and each a "CID Sales Tax Fund"), which shall each be established and administered by the City in compliance with the laws of the State and this Agreement. The City shall not commingle the revenue generated by the CID Sales Tax to be deposited into the CID Sales Tax Funds as herein provided. Hotel CID Sales Tax Fund. (Est. $1,006,029) All revenue collected by imposition of the CID Sales Tax within the Hotel CID District and deposited into the Hotel CID Sales Tax Fund shall be utilized as Hotel CID Proceeds for payment or reimbursement of CID Eligible Costs incurred in developing the Hotel Project including interest on such costs at a rate of 5% per annum, all as more particularly described in the Hotel CID Petition (the "Hotel CID Costs"). Alley Project CID Sales Tax Fund. (Est. $628,676) All revenue collected by imposition of the CID Sales Tax within the Alley Project CID District and deposited into the Alley Project CID Sales Tax Fund shall be utilized as Alley Project CID Proceeds for payment or reimbursement of CID Eligible Costs incurred in developing the Alley Project including interest on such costs at a rate of 5% per annum, all as more particularly described in the Alley Project CID Petition (the "Alley Project CID Costs"). Downtown CID Sales Tax Fund Subaccounts. (Est. $7,589,062) Following disbursement of the Master Developer CID Allotment, as described below, all revenue collected by imposition of the CID Sales Tax within the Downtown CID District and deposited into the Downtown CID Sales Tax Fund shall be disbursed into subaccounts established and maintained by the City as follows: (i) 40.6% of all Downtown CID Proceeds shall be deposited upon each receipt of same by the City into a subaccount herein referred to as the "Downtown Maintenance, Security, and Programming CID Fund." (ii) 1.0% of all Downtown CID Proceeds shall be deposited upon each receipt of same by the City into a subaccount herein referred to as the "Old Chicago CID Fund." (iii) 39.5% of all Downtown CID Proceeds shall be deposited upon each receipt of same by the City into a subaccount herein referred to as the "Existing Retail Improvements CID Fund". (iv) 18.9% of all Downtown CID Proceeds shall be deposited upon each receipt of same by the City into a subaccount herein referred to as the "Existing Retail Improvements CID Fund. The proposed action is consistent with the following components of the City's shared vision statement: Downtown Maintenance. Security, and Programming CID Fund. (Est. $2,800,000) All Downtown CID Proceeds on deposit in the Downtown Maintenance, Security, and Programming CID Fund during the CID Collection Period shall be utilized for payment or reimbursement of Downtown Maintenance, Security, and Programming CID Costs. The Parties acknowledge and agree that such Downtown Maintenance, Security, and Programming CID Costs are separate from those Project Costs incurred in developing the Streetscape and Public Infrastructure Improvements. The City and the Master Developer anticipate entering into a Transferee Agreement with Salina Downtown, Inc. for utilization of the Downtown CID Proceeds within the Downtown Maintenance, Security, and Programming CID Fund as provided herein. Old Chicago CID Fund. (Est. $50,000) Upon approval of a Certificate of Full Completion for the Old Chicago Project, all Downtown CID Proceeds deposited into the Old Chicago CID Fund during the CID Collection Period shall be utilized for reimbursement of costs for signage and/or facade improvements, up to a maximum of $50,000 plus simple interest on such outstanding amount at a rate of 5% per annum (the "Old Chicago CID Costs" which shall be reimbursed up to the "Old Chicago CID Cap"). The Old Chicago CID Fund shall be terminated: (i) once an amount equal to the Old Chicago CID Cap is disbursed from the Old Chicago CID Fund to fund Old Chicago CID Costs, (ii) the Old Chicago Project does not move forward as mutually agreed by the City and the Master Developer or (iii) if the Third Party Developer's rights, duties, obligations under the Transferee Agreement for the Old Chicago Project are terminated pursuant to the terms of such Transferee Agreement. Upon termination of the Old Chicago CID Fund, any Downtown CID Proceeds which have been deposited, or which in normal course would have been deposited into the Old Chicago CID Fund as described in Section 4.05 herein, shall be redirected into the New Retail Improvements CID Fund and administered as described in this Section below. New Retail Improvements CID Fund. (Est. $2,997,679) Downtown CID Proceeds on deposit in the New Retail Improvements CID Fund shall be utilized for reimbursement of costs for building, site work, land acquisition and tenant improvements and may be utilized for other CID Eligible Costs for purposes facilitating the location of New Businesses within the Downtown CID District including interest on such costs at a rate of 5% per annum (the "New Retail CID Costs"). The administration of the New Retail Improvements CID Fund shall be described in a supplemental agreement between the City and the Master Developer, to be executed prior to execution of a Transferee Agreement for the Hotel. Existing Retail Improvements CID Fund. (Est. $1,434,332) Downtown CID Proceeds on deposit in the Existing Retail Improvements CID Fund shall be utilized for payment or reimbursement of costs for building, site work and tenant improvements and may be utilized for other CID Eligible Costs for purposes of improving the property of Existing Retail within the Downtown CID District including interest on such costs at a rate of 5% per annum (the "Existing Retail CID Costs"). The administration of the Existing Retail Improvements CID Fund shall be described in a supplemental agreement between the City and the Master Developer, to be executed prior to execution of a Transferee Agreement for the Hotel. The Development Agreement and Supplemental Agreement were negotiated and entered in to with the Master Developer as an initial step to provide an agreed upon format to fund yet to be identified development projects as described above. The Development Agreement specifically anticipates and provides for transfer of rights and responsibilities of the Master Developer to individual third parties on a project -by -project 1 case-by-case basis. The Development Agreement provides for receipt, review and approval of requests for assignment of portions of the agreement to third parties as well as recusal of the Master Developer in certain instances as follows: Assignment and Transfer to Third Party Developers. The Parties hereby acknowledge that the City and the Master Developer will assign portions of this Agreement to multiple Third Party Developers for development of the various Project Components. Prior to transfer of any rights, duties or obligations under this Agreement to any Third Party Developer, such Third Party Developer shall be required to execute a Transferee Agreement, which shall contain terms mutually agreeable to the City and the Master Developer based upon the recommendation of the City's Underwriter, bond counsel, or financial advisors. The City reserves the right to have its independent financial advisor review the financial qualifications and capabilities of any proposed Third Party Developer, and such financial advisor shall be entitled to request, receive, and review information providing evidence of the proposed Third Party Developer's ability to finance the relevant Project Component for the purpose of determining and advising the City regarding the proposed Third Party Developer's financial qualifications and capabilities. To the extent allowed by Applicable Laws and Requirements, the City shall maintain the confidentiality of such information and shall not disclose the same to the public. The City and the Master Developer acknowledge that the form of Transferee Agreement shall be addressed in a supplemental agreement between the City and the Master Developer, to be executed prior to the execution of a Transferee Agreement for the Hotel Project, which will serve as a template document subject to modification as specific circumstances warrant. Assignment and Transfer by City and Master Developer. City may transfer all or any portion of its rights, duties or obligations under this Agreement to any other party only with written consent from the Master Developer, not to be unreasonably withheld. Master Developer may assign all or any portion of its rights, duties or obligations under this Agreement to any other party only with written consent from the City, not to be unreasonably withheld. Assignment and Transfer by any Third Party Developer. A. Following assignment of all or a portion of this Agreement to any Third Party Developer under this Section, such Third Party Developer may not transfer all or any portion of its rights, duties or obligations under this Agreement to any other party prior to obtaining a Certificate of Completion for such Third Party Developer's portion of the Project without written consent from the City and Master Developer. B. Fallowing receipt of a Certificate of Completion by any Third Party Developer for its portion of the Project, such Third Party Developer may freely assign its rights, duties and obligations under this Agreement to any third party with the requisite financial qualifications and capabilities to perform such rights, duties and obligations. A Third Party Developer must provide sixty (60) days' prior notice to the City and Master Developer of any proposed assignment of its rights, duties and obligations under this Agreement during which the City may conduct the financial qualifications and capabilities review process as provided in Section 9.01. If following expiration of such sixty (60) day period the City or Master Developer has not objected to the proposed third party assignee pursuant to the terms of this Section, such Third Party Developer may transfer its rights, duties and obligations under this Agreement to such third party assignee, so long as such third party assignee expressly acknowledges in a written agreement with such Third Party Developer that the third party assignee is assuming all rights, duties, obligations, conditions and restrictions of such Third Party Developer hereunder for the benefit of the City and Master Developer. Following execution of such an agreement, the Third Party Developer shall be released from such rights, duties, obligations, conditions and restrictions contained herein which it has transferred to such third party assignee. C. Notwithstanding the provisions of Section 9.03.A., nothing herein shall prohibit (or require City approval to allow) any Third Party Developer from forming additional development or ownership entities to replace or joint venture with such Third Party Developer for the purpose of business and/or income tax planning; provided that each such entity is an Affiliate of the original Third Party Developer that executed the subject Transferee Agreement. Such replacement or joint venture shall not release the original Third Party Developer from any obligations unless (i) the original Third Party Developer notifies the City of such replacement or joint venture in writing, and (ii) the City determines that such replacement or joint venture possesses the capabilities and financial qualifications to perform such obligations, which determination shall not be unreasonably withheld by the City based on the financial qualifications and capabilities review process as provided in Section 9.01. D. Notwithstanding the provisions of Section 9.03.A., for purposes of securing construction or permanent financing for a Project Component, any Third Party Developer may, without the City's consent, assign or pledge to a financial institution providing such financing its rights under this Agreement, including the right to receive reimbursement for Eligible Costs incurred, but such Third Party Developer shall provide City with notice of any such assignment or pledge and include with such notice an acknowledgement by the lender that it has received a copy of this Agreement and reviewed the provisions of this Section regarding the restrictions on assignment. Such assignment or pledge shall remain subject to the terms, provisions and conditions of this Agreement, and such assignment will not release the Third Party Developer from any obligations unless the Third Party Developer is released by the City in writing. E. Notwithstanding the provisions of Section 9.03.A., any Third Party Developer may, without the City's consent, assign or pledge its rights under this Agreement to any Affiliate of the original Third Party Developer that executed a Transferee Agreement, upon written notice to the City of any such assignment or pledge. Such assignment or pledge shall remain subject to the terms, provisions and conditions of this Agreement, and such assignment will not release the original Third Party Developer from any obligations unless (i) the original Third Party Developer notifies the City of such assignment in writing, and (ij) the City determines that such assignee possesses the capabilities and financial qualifications to perform such obligations, which determination shall not be unreasonably withheld by the City based on the financial qualifications and capabilities review process as provided in Section 9.01. F. Following receipt of a Certificate of Completion by any Third Party Developer for its portion of the Project, any review of an assignee's capabilities and financial qualifications by the City pursuant to this Section 9.03 shall be limited to the assignee's capability to perform the requirements of Sections 7.01, 7.02, 7.03, and 7.04 of this Agreement. The Supplemental Agreement includes the following provisions regarding the review and approval process: Selection of Transferees The Public Finance Proceeds on deposit in the Funds shall be allocated to Third -Party Developers (the "Transferees") for the uses identified in Section 202 herein. The City and the Master Developer shall select Transferees as recipients of such allocation of Public Finance Proceeds pursuant to the process described in Section 302 below in order to meet the Goals and Objectives. Selection of Transferees as Recipients of Public Finance Proceeds. A. Submission of Public Financing Request. Each Transferee seeking an allocation of Public Finance Proceeds for purposes of reimbursing New' Business TIF Costs, New Retail CID Costs, or Existing Retail CID Costs shall submit, no earlier than January 1, 2018, a written request to the City Representative and the Master Developer (a "Public Financing Request") in the form attached as Exhibit B. The City Representative and the Master Developer reserve the right to jointly request any information in addition to that specified in Exhibit B in evaluating such Public Financing Request. Notwithstanding the foregoing, the Third -Party Developers of the Hotel Project, Alley Project, Old Chicago Project, Car Museum, and Stiefel Improvements shall not be required to submit a Public Financing Request. Approval or Disapproval of Public Financing Request. Upon receipt of a Public Financing Request, the City Representative and the Master Developer may then jointly approve any Public Financing Request in the reasonable discretion of each Party. Any such approval of a Public Financing Request shall be confirmed in writing by the City Representative and Master Developer to the applicant making such request. If either the City Representative or the Master Developer elects to disapprove a Public Financing Request in its reasonable discretion, such Party shall notify the other Party in writing of its disapproval with a written statement of the basis of disapproval. Following such notification, the City Representative and the Master Developer shall then notify the applicant making the Public Financing Request in writing of such disapproval with a written statement of the basis of disapproval. In the event the Master Developer or any of its directors, officers, or shareholders has a substantial interest (as defined in K.S.A. 75- 4301 a) in any Transferee with a Public Financing Request, then Master Developer shall not participate in the approval or disapproval process for such Public Financing Request. Execution of Transferee Agreement. In the event the City Representative and the Master Developer jointly approve any Public Financing Request, the Third -Party Developer in receipt of such approval shall execute a Transferee Agreement substantially in the form attached as Exhibit C describing the rights, duties and obligations of such Third -Party Developer in connection with development of its Transferee Project, as well as additional terms as prescribed in the Transferee Agreement. The Supplemental Agreement also provided for the possible need for the Master Developer to recuse themselves as follows: Master Developer Recusal. The Parties agree that the Transferee Agreement for the Hotel Project shall be executed only between the Third Party Developer of the Hotel Project and the City, and that the Master Developer shall not make or participate in making such Transferee Agreement. Further, the Master Developer agrees that it shall not make or participate in making any other Transferee Agreement in which the Master Developer or any of its directors, officers, or shareholders has a substantial interest (as defined in K.S.A. 75-4301x) in the Third Party Developer entering into such Transferee Agreement. In such event, the City and the Third Party Developer of such Project Component shall be the only parties which enter into such Transferee Agreement. The Parties acknowledge that an Affiliate of Master Developer intends to sell land to the Third Party Developer of the Alley Project but that the Master Developer shall not be required to recuse itself from the Transferee Agreement for the Alley Project so long as none of the Master Developer's directors, officers, or shareholders has a substantial interest in the Third Party Developer of the Alley Project. Master Developer shall maintain on file with the City a current listing of its officers, directors and shareholders. Any Transferee Agreement the Master Developer makes or participates in making in violation of this Section may be deemed void in part or whole at the reasonable discretion of the City and all Transferee Agreements shall so provide. Questions relating to or allegations by third parties of a violation of the terms of this section shall he determined by the City's legal counsel in consultation with legal counsel of the Master Developer and the Third Party Developer to such Transferee Agreement. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2020 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: ITEM Parks and Recreation FINAL A PROVAL: NO: 5 //� Page 1 BY: Chris Cotten BY: ITEM: Jerry Ivey Pond Rehabilitation, Downsizing, or Removal Plan BACKGROUND: In 1995 the Gazebo originally located in Oakdale Park was moved to Jerry Ivey Park with the intention of the pond being built next to it. The 1996 Parks and Recreation Capital Improvement Program identified the addition of a water feature pond for Jerry Ivey Park. The pond was designed by Jones Gillam Architects & Engineers. The original project scope was a new 37,000 square foot pond to be located in the center area of the park. The Jerry Ivey Pond was constructed in 1997. Bids for the construction of a water feature were considered by the City Commission on July 8th, 1996. The architect estimate for the project was $45,000. Johnson Farms was the low bidder at a cost of $36,825. Parks and Recreation staff constructed the walls that make up the exterior of the pond by stacking concrete bags and reinforcing those bags with rebar to help maintain integrity. The original pond depth as designed was between 2112 feet and 5 feet deep in the center. Water from an onsite irrigation well feeds the pond with fresh water. Outside of rain, other methods for adding water to the pond are from storm water run-off and when in operation the splash pad discharges into the pond as well. In 2007 there were two significant rain events that led to approximately 90 feet of the pond wall failing and the repair cost was $14,262. Pictures are attached with the packet. These funds were reimbursed by FEMA. The Parks and Recreation Master Plan approved in 2018 made recommendations to improve the water chemistry and circulation to the Jerry Ivey pond and remove scum and algae. It also made mention that the pond edge needs to be rebuilt. The condition of the pond was rated as poor 1 very poor in the Master Plan. This water feature is a prominent part of the Parks System and outside of Lakewood Park the only open water feature in the Parks System. The Jerry Ivey Pond water has had significant blue green algae issues since 2017. The bodies of water may have had blue green algae issue prior to 2017 and may not have been recognized. In 2018 Lakewood Park was positive for Blue Green Algae and in 2019 both Lakewood and Jerry Ivey tested positive for blue-green algae. In 2019 signs were posted at both bodies of water, first as a warning and then later on as closed. The Jerry Ivey pond is shallow with no filter system in place. The lack of filtration has helped contribute to the blue green algae issue in the pond. The water quality issues at Jerry Ivey are affected by a combination of many factors including: sunlight, poor aeration, and high nutrient levels. Contributing to the Blue Green Algae problems are the high concentrations of geese and ducks and their excrement in the water that contributes to the high phosphorus content that promotes BG Algae growth. Park visitors that bring in bags of corn to feed ducks and geese encourage them to stay in the area in large numbers which again contributes to the pond issues. Fertilizer, gas, and oil runoff CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2020 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: ITEM Parks and Recreation FINAL APPROVAL: NO: Page 2 BY: Chris Cotten BY: into the pond from adjacent property, streets and parking areas also contribute to the high phosphorus. High phosphorus (nutrients) is a key element to promoting BG Algae growth. According to the Kansas Department of Health and Environment, the following are the risks associated with blue green algae bloom. The biggest risk to health comes from ingesting the toxins and full body contact with toxins during recreational activities such as swimming, skiing, orjet skiing, or from inhaling spray cast up from the water's surface by recreational activities or by the wind. Blue Green Algae can also cause dermatological symptoms with prolonged skin contact with water or wet clothes. Children and pets are most at risk while engaging in recreation in the water because they are more likely to accidentally or intentionally swallow lake water. Pets can become ill after being exposed to algae, or even from eating dried algae along the shore or from licking algae off their fur. Avoid contact with water when a bloom might be present. No antidote exists for any known algal toxin. This makes prevention the best option for protecting human and animal health during a bloom. While there are a number of chemicals marketed to control algae (i.e. algaecides, the most common of which is copper sulfate), using these while a bloom is in progress is a poor choice. Once a blue-green algae bloom is present, killing it will cause toxins to be released to the water. While the water may look clearer for recreation purposes, toxins may still be present in high amounts. Also, use of an algaecide is a temporary and symptomatic treatment of the problem as the blooms will likely return in a short amount of time (days to a couple weeks). The best approach for reducing or eliminating blue-green blooms in a lake is to make sure excessive nutrients (phosphorus and nitrogen) in runoff are prevented or significantly reduced. On March 2, 2020 a presentation was given to the City Commission about the condition of the pond and estimated costs to repair the feature working in conjunction with the EPA. Staff recently reviewed the video of the meeting from March 2, 2020. Comments from the Commissioners during this meeting were to look into repairing it, renovating it, downsizing the feature, replacing it with a different feature (splash pad or pickle ball being examples) or filling it in and abandoning all together. Removing the water fowl and the issues surrounding the water fowl dominated the discussion. This meeting concluded with staff directed to look into options but with no single direction being given. Based upon the City Commission's prior direction to look into options and in order to determine the cost of renovating the pond for further consideration by the City Commission, staff issued an RFQ in January of 2029 for qualified aquatic design firms to study the existing pond and evaluate the strengths and weaknesses of the existing water feature, natural features that could be incorporated into the renovation, ADA compatibility, water clarity, algae control and wildlife management. Three firms were specifically contacted about responding to the RFQ. These firms were Water's Edge Aquatic Design, Nature's Edge Aquatic Design and Paradise Ponds. Of these three firms Water's Edge was the only firm that submitted a response to accept the project. Nature's Edge sent a response that their company was short staffed and unable to submit, Paradise Ponds did not respond at all. Water's Edge is highly qualified for this type of evaluation. As can be seen from their portfolio they can design water features that will reduce the aquatic footprint and reduce open water that attracts waterfowl. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03122/2020 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL.- NO: PPROVAL:NO: BY: ITEM Parks and Recreation FINAL APPROVAL: NO: Page 3 BY: Chris Cotten BY: During the study session from 2020 Jerry Ivey Park was mentioned many times as being a destination park. Water's Edge has teamed up with Land Works Studio which is primarily a landscape architecture firm. Together this team will evaluate the space for a use that could maintain some sort of water feature in hopes of retaining its destination feel. Upon further review, their recommendation could possibly be to use the park space for a different objective. Multiple references for Water's Edge have been contacted and all references have come back in an extremely positive fashion. A reference check for Landworks Studio has also had positive results. Contracting for the scope of services falls within the City Manager's purchasing authority; however due to recent discussion with the City Commission about the status of the Jerry Ivey Pond and an indication that there may be consensus on the part of the City Commission to fill in the pond without further investigation of alternatives staff felt it was prudent to bring this before the City Commission. If there is interest on the part of the City Commission in retaining a water feature in Jerry Ivey Park, staff recommends proceeding with selection of a consultant for this project. Water's Edge and Land Works studio have the expertise to help us make a more informed decision identifying whether there are workable and affordable solutions worth further consideration. FISCAL NOTE: The cost associated with this study is $18,800. It will paid for out of the yearly allotment of sales tax designated for Park Improvements via the Master Plan Priority List. COMMISSION ACTION OR RECOMMENDED ACTION: This agreement falls within the City Manager's purchasing authority, however, staff is looking for a consensus from the City Commission on how they wish staff to proceed. 1.) Provide direction for the City Manager to move forward with Water's Edge to investigate repair of the pond, redesign of the pond or repurposing of the space for another amenity. 2.) Provide staff alternate direction, such as filling in the pond. 3.) Postpone consideration of to a specified date and time and provide staff direction regarding additional information or amendments the City Commission would like to request for their further consideration. Staff recommends Option #1 Attachments: RFQ CC: vv� ers edge AQUATIC DESIGN [andWorks STUDIO Statement of Qualifications Evaluation of Theierry Ivey Park Water Feature February 25, 2021 vvd vers edge A Q U AT I C D E S I G N February 25th, 2021 Mr. Chris Cotten, Director of Parks and Recreation City of Salina, Kansas Parks and Recreation Department Re: Request for Qualifications for the Evaluation of the Jerry Ivey Park Water Feature Dear Mr. Cotten: We greatly appreciate the opportunity to submit our qualifications as the City of Salina studies and explores options for the Jerry Ivey Park Water Feature. Waters Edge Aquatic Design understands the impact a quality aquatic feature can have on a visitor's experience to a park and how it can enhance the sense of place. Our team also understands the importance of analyzing and understanding your needs and goals of the feature and park to ensure the City offers appropriate recreation amenities to the community. Our staff's aquatics experience began more than 40 years ago and we understand what works in the aquatic industry. Waters Edge is uniquely qualified for this project due to our experience in conducting feasibility studies and design for aquatic features, as well as our history of successful projects in the Midwest. Our qualified staff will work as an integrated part of the team to complete the scope of the project, and provide reports and recommendations that are focused and actionable. Waters Edge Aquatic Design brings to your project a comprehensive and well-rounded team of individuals with the expertise and experience necessary for completion of the Jerry Ivey Water Feature. Our team is uniquely led by innovative aquatic designers and engineers with advanced degrees in a variety of aquatic fields. We value community and agency partners. To show this, we work closely with the project team and the community to create an outcome that best fits the goals and needs of each stakeholder. We do not use cookie -cutter concepts and processes. Rather, we determine preferences, and ultimately action plans, based on project goals, site considerations, programming needs, and operational requirements. We use all of this information to create cost estimates, comparative analysis and operational feasibility studies. We strive for excellence and will ensure that you receive the best value and delivery of services in a prompt and cohesive manner. At the end of the day, the City of Salina deserves a team with a track record of successful performance; one with a passion that brings a creative collaborative attitude, and who understands the importance of the small details while listening to your needs. Aquatics are our passion and innovation is our drive. Our success is a direct correlation to our belief that your desires are not only unique, but are the key to unlocking the project success you want and deserve. Our team is both enthusiastic and honored to be given this opportunity to work with the City of Salina. Sincerely, //`1 - Jeff Bartley, Principal, PE jbartley@wedesignpools.com Waters Edge Aquatic Design 913.438.4338 CO Copyright Waters Edge Aquatic Design 11205 W 79th St I Lenexa, KS 66214 www.wedesignpools.com Table of Contents 1. Company Profile Sub -consultants 2. Project Experience References 3. Key Staff Resumes Organizational Chart 4. Project Understanding O Copyright Waters Edge Aquatic Design 1. Company Profile © Copyright Waters Edge Aquatic Design Wate`r-s�elge AQUATIC DESIGN Firm Overview Waters Edge Aquatic Design was founded in 2000, and is an aquatic engineering firm with decades of award winning aquatic planning and design experience. We specialize in the evaluation, planning, and design of aquatic centers, natatoriums, water parks, fountains, and spray grounds. We focus on creating visually stunning, energy efficient, sustainable aquatic facilities that are also functional and easy to operate. With a diverse team of licensed engineers, experienced designers, knowledgeable project managers, former aquatics director, program administrator and lifeguard, we are able to provide a distinct insight and a properly executed plan. Our expertise and experience allow us to review every concept with a detailed approach and an operator's perspective. Providing the opportunity for each facility to become more efficient and strategically planned. We believe that every project is unique to its community and site; therefore, we understand each aquatic project deserves an equally unique solution. We do not approach projects with a one -size -fits -all model. Instead, we incorporate community history and preferences, user -group and programing needs, budget, and the goals of the City to create a project that is individually tailored. To us, water is a form of art that adds excitement to life, which is why we are in the aquatics business. Since its founding, our firm's portfolio has grown to encompass every type of project imaginable, but our philosophy remains the same: a commitment to helping communities grow and prosper through the unique design of tailored, dream-like aquatic features & facilities. Waters Edge Aquatic Design, LLC 11205 W. 79th St., Lenexa, KS 66214 913-438-4338 jbartley@wedesignpoois.com AQUATIC PROJECTS AQUATIC AWARDS 6 6 7 ...AND COUNTING,.. Waters Edge Aquatic Design Proposal - City Salina, Kansas � a Passionately creating timeless experiences CLIENT that engage, elevate and inspire. references Established in the fall of 2000, our creative and inspired team strives to create memorable places enjoyed by all people. With every line we draw, we aim to enhance the everyday, creating places where people enjoy spending time. Award-winning leaders at Landworks Studio are involved every step of the way to ensure your success. As a landscape architecture and planning firm, we see each project as an opportunity to bridge the goals of our clients to the needs of those who live in the community. We under- stand that every project and client is unique, but fundamen- tally our goals to elevate the users' experience and provide opportunities for lasting memories are always present. PROJECT EXPERTISE INCLUDES + Parks Master Planning + Parks and Recreation Master Planning + Inclusive Public Engagement + Community Planning + Transportation + Streetscapes + Construction Documentation + Signage + Wayfinding + Strategic Planning + Aquatic Design + Commercial + Mixed Use firm discipline 1 Landscape Architecture + Planning years operating 1 21 address 1 102 South Cherry Street, Olathe, Kansas 66061 phone 1 913.780.6707 webl www.landworksstudio.com certifications 1 WBE, DBE, PLA, ENV -SP, LEED awards 1 10 awards since 2015 © copyright Waters Edge Aquatic Design Todd Spalding Executive Director, Department of Parks, Recreation, & Forestry, City of Jefferson, MO Community Park, Jefferson City Parks and Recreation Master Plan Phone 1 573.634.6482 tspalding@jeffscitymo.org Cliff Middleton Planning and Development Manager, Johnson County Parks & Recreation District Meadowbrook Park Master Plan, Mildale Signage SMP Pickleball Courts, Stoneridge Master Plan Phone 1 913.826.3425 cliff.middleton@jocogov.org Richard Allen Senior Park Planner, Parks and Recreation Department, City of Kansas City, MO Chouteau Heritage Fountain, Gillham Park Sprayground, Kansas City North Playground Phone 1 816.513.7713 richard.allen@kcmo.org 2. Project Experience © Copyright Waters Edge Aquatic Design West ides Moines, Iowa Aviva Water Feature Signature Aquatic Features • Hydraulic Design • Pipe and Sizing Layout • Underwater Layout • Surface Lighting • Customized Spray Nozzles Aviva Insurance Company was in the process of relocating it's company headquarters in West Des Moines, Iowa and wanted to create aesthetic stylized landscaping around the new building. Confluence and SVPAArchitects commissioned Waters Edge to assist in developing an aquatic concept outside the office. Waters Edge Aquatic Design Proposal - City Salina, Kansas Leawood, Kansas Gezer Park Water Feature Signature Aquatic Features • New Concrete Basins • West to East Flowing Stream • Realistic Cascades • Harvest Tablet Fountain • Subgrade Water Treatment Housing for Fountain Leawood honored its sister city, the Gezer Region of Israel, and celebrated their historic bond of friendship with the establishment of Gezer Park in October of 2009. The unique design of the park reflects the contours of the State of Israel, with the Sea of Galilee on one end and the Dead Sea on the other — connected by a 700 foot stone wadi that carries water from the west end to the east end of the park, representing the Jordan River. waters Edge Aquatic Design Proposal - City Salina, Kansas Project Experience Asa key member of the design team, Waters Edge Aquatic Design provided assistance in selecting the appropriate equipment and natural materials to support a natural flowing stream with a cascading waterfall. The stream flows through two crossing sidewalks, so that employees can have a peaceful and tranquil setting for an afternoon walk or outside lunch. Waters Edge recommended ways to improve the operation and aesthetics of the water effect while providing structural details to increase durability and safety. Quick Facts Cost. $1,449,27 Project Completion: 2090 0 Copyright Waters Edge Aquatic Design Iowa state University -Ames, Iowa Reiman Gardens Improvements Signature Aquatic Features • Water Wall • Stream with Cascade Waterfalls • Lower Reflecting Basin • Ultraviolet and Sand Filtration systems The Reiman Gardens are nestled within the campus of Iowa State University. In the spring of 2017, Waters Edge Aquatic Design joined the Spurlock Landscape Architects team to plan and design improvements to enhance the Gardens. The team worked through several concepts and landed on a final design to include a water wall, stream with cascade waterfalls, a lower reflecting basin, and other signature architectural features. Waters Edge Aquatic Design Proposal - City Salina, Kansas Project Experience Waters Edge Aquatic Design developed the concepts for Quick Facts the water features, keeping maintenance and operations in Cost: $784,805 mind. The intent was to provide these features while keeping maintenance efforts in balance. Completion: 2009 The two basin areas are connected by a cascading stream, and the Harvest Tablet features a fountain around its base. Subgrade water treatment housing was also added below the base of the fountain. © Copyright waters Edge Aquatic Design Pittsburgh, Pennsylvania Westinghouse Memorial Pond Renovation Signature ,Aquatic Features • Concrete Pond Basin Waters Edge Aquatic Design joined the Pashek + MTR Landscape • Uitrasonic Transducers for Architects team to design renovations for the Westinghouse Memorial Algae Control • Water Aerators Pond. • Utility Design for Ease of began in 2a i4 and included replacement of the existing Operation Construction basin with a new concrete basin. New basin construction was provided to mimic the existing basin and allow stone work and plantings along the pond perimeter, which were provided by other members of the design team. Waters Edge Aquatic Design Proposal - City Salina, Kansas Project Experience The stream was formed using varying sizes of stone work with an EPDM pond liner below for retaining water within the stream. Cascade structures and the lower reflecting basin were constructed of concrete, which was then either clad with stone or painted. Treatment for the fountain included pressure sand filtration and low-pressure ultraviolet light for algae control. Chemical treatment was not provided as it would have been possibly damaging to the organic elements of the feature. Quick Facts Completion; 2020 D Copyright Waters Edge Aquatic Design location JEFFERSON CITY, MO client CITY OF JEFFERSON project size 3.5 ACRES project budget $2.5 MILLION (CONSTRUCTION) design services LANDSCAPE ARCHITECTURE + PLANNING + PUeLIC ENGAGEMENT + PLAYGROUND DESIGN + SPLASH PAD Design project schedule 2020 r COMMUNITY park Community Park is a 35 -acre neighborhood park for which Landworks Studio provided master planning and construction documentation services as part of a complete renovation to meet the needs of the nearby residents. The master plan showcases the history of the surrounding Historic Foot District and offers design elements to bring a diverse population together to participate in outdoor activities. Program elements in this $2.5 million park rehabilitation include art, upgrades to the adjacent community center, playgrounds for all ages, a splashpad, restrooms, she4ters, native vegetation, and improved vehicular and pedestrian circulation. Waters Edge Aquatic Design Proposal - City Salina, Kansas \`Zll1 landWorks S7 �J D,o Contact Info Todd Spalding I Executive Director Jefferson City Parks, Recreation, & Forestry phone 1573,634-6482 email I tspalding@jeffcitymo.org Project Experience Quick Facts Treatment of the pond waterwas limited to ultrasonic transducers for algae control and water aerators to allow operation during Completion: 2016 freezing temperatures. Additional chemical treatment was not provided as the landscaping elements would have likely been negatively impacted. Automatic water make-up and overflow control were also included in the utility design for ease of operation. © Copyright waters Edge Aquatic Design location OVERLAND PARI, KS client SHAMROCKTRADING CORPORATION project size 30 ACRES project budget $850,000 ('LANDSCAPE + IRRIGATION CONSTRUCTION) SHAMROCK TRADING CORP campus design In 2018, Shamrock Trading Corporation closed on the purchase of 30 acres of greyfield land in the middle of Overland Park, Kansas. The vacant retail shopping center and surrounding parking lots at the northeast corner of 95th Street and Metcalf Avenue offered this growing financial services and supply chain logistics company all the room it would need for an ambitious expansion of their corporate campus. Landworks Studio was hired as the landscape architect and worked with a design team and general contractor for over two years to complete master plan,design and construction of the first phase which included and 8 -story office tower, 2 -story parking deck, ancillary surface parking, a stormwater management pond, and over 15 acres of landscaping and outdoor amenity space. Landowrks worked closely with the board of directors, City of Overland Park, and its design colleagues to select a plant palette that would adhere to City requirements, minimize maintenance, but still provide the grounds with the desired aesthetic grandeur sought by the client. The stormwater management pond features a permanent pool of water over 6 feet deep which also doubles as the irrigation source, design services Contact Info PLANTING DESIGN + IRRIGATION DESIGN + POND , Matt Huderski I Director of Facilities & Construction AESTHETICS+SITE ENGINEERING`t„ Shamrock Trading Corporation phone � 913.335.9018 project schedule landWorks emaiiI mhuderski@shamrocktradingcorp.com 2020 c -u [) 10 Waters Edge Aquatic Design Proposal - City Salina, Kansas Project Experience location PRAIRIE VILLAGE, KS client JOHNSON COUNTY PARKS AND RECREATION DISTRICT project size 80 ACRES project budget $8.8 MILLION (CONSTRUCTION) design services MASTER PLANNING + PLAYGROUND DESIGN + PUBLIC ENGAGEMENT+ PLANTING DESIGN + STORMWATER MANAGEMENT project schedule 2019 0 Copyright Waters Edge Aquatic Design MEA©OWBROOK park Johnson County Parks and Recreation District selected a team led by Landworks Studio to develop a master plan and Phase I construction documentation for this 80 -acre park, which was redeveloped from the former Meadowbrook Golf and Country Club in Prairie Village, Kansas. This redevelopment effort was aimed at transforming this under-utilized acreage into a mixed-use community with public park space acting as an anchor for private development. The design team took advantage of the existing topography, open vistas, and mature trees from the former fairways to create a one -of -a -kind park. Phase 1 of the project which was completed in summer of 2019 included the majority of the master plan's design intent. Built amenities include a destination playground, secondary playareas intended for toddlers, a sledding hill, three ponds, a rebuilt trail network, an outdoor senior fitness station, pickleball courts, three shelters, a restroom, and a 12,000 SF activity center. Throughout the design process, Landworks Studio facilitated multiple work sessions and open house meetings where stakeholders and neighboring residents participated and provided input. This approach was designed to ensure the projects immediate and longterm success as the park matures timelessly. Contact Info � Jeff Stewart I Executive Director M&�PF Johnson County Parks & Recreation District landvvorks Phone 1913.826.3409 STUDIO email I jeff,stewart@jocogov.org location KANSAS CITY, MO client CITY OF KANSAS CITY, MO project size 7,004 SF project budget $820,000 (CONSTRUCTION) design Services LANDSCAPE ARCHITECTURE + PUBLIC ENGAGEMENT + WATER MANAGEMENT + SPLASH PAD DESIGN project schedule 2018 Copyright Waters Edge Aquatic Design GILLHAM PARK sprayground Gillham Park is a linear park that serves several neighborhoods in midtown Kansas City, Missouri. One of the features in Gillham Park was a fill and drain wading pool, that over time became too costly for the City to maintain. Landworks Studio was selected to design a splashpad that captured the need for the community to engage with water. The overall design provides multiple venues for family activities in the summer months and beyond. This artful splashpad is located near an existing playground and includes interactive ways to cool off, a synthetic turf berm for picnics, unique overhead spray bars, a toddler spray area, and a shade structure. Landworks was able to meet the tight design schedule to allow the splashpad to open in the summer of 2018 for the community to enjoy. Contact Info Richard Allen � Senior Park Planner Kansas City Parks and Recreation Phone 816.513.7713 Email I richard.allen@kcmo.org Waters Edge Aquatic Design a � e r� i' � flEi I rd�igii) �i�ailir - _ - IWIF lul Illi i 11ii. �. the work vety hard for our clients, which has resulted it) a 1009 lisr of fr- strong references. We are particularly proud of these references, and LeTse e therefore prefer to provide additional references to those listed with AQUATIC DESIG N aur projectprofiies. Joplin Parks and Recreation Hampden Township Parks and Westwood Family Aquatic Center Joplin, MO Recreation Norman, OK Paul Bloomberg, Director Hampden Township, PA jud Foster, Parks and Pec Dir cion (417) 625-4750 M,`ke Erno, Di.recLor (405) 366-5472 777) 761-0779 Long Branch Lagoon Wichita Parks and Recreation The Falls Aquatic Center Dodge City, KS Brion Hit, ,aquatics SuperVisor Cedar Falls, IA RaySlotterly, erector ofFOE;neering {376) 529-9940 $r-uce Verink, Recreation Director (620) 225-8106 (319) 273-8636 Rock River Rapids Kansas City Parks and Recreation Chillicothe Parks and Recreation Derby, KS Ter eso Rynord, Pocks and Chillicothe, MO Darcie Parkhurst Director of Facilities Recreation Director josh Norris, Director Por-i;s & Rec ,(316) 7a8-3787 (816) 513-7501 (660) 646-8859 r . dl}dl{ 3. Key Staff Resumes O Copyright Waters Edge Aquatic Design Project Team Members The Project Team Organizational Chart illustrates the roles and responsibilities of each key member of our proposed team. Please note that the team members have collaborated on similar projects. Through this work, our team has established project management and communication procedures that allow for seamless integration of all disciplines throughout all phases of the project. Our staff is in constant collaboration, which will benefit the overall project team. Short -notice requests and meetings are reasonable for us to accommodate, as we strive to be responsive partners with the City. We understand that last minute situations arise, and we will contribute positively to their timely resolution. Quick response via phone and e-mail is standard practice. On-site and off-site meetings can also be coordinated between our staff members. Waters Edge Aquatic Design Aquatic Design Consultant Landworks Landscape Architect Jeff Bartley, PE, LEED AP Waters Edge Aquatic Design Project Manager/Principal Engineer Jeremy Harter, P.E. Waters Edge Aquatic Design Project Engineer © Copyright Waters Edge Aquatic Design Project Team Members CAYo Salina I Wa Lers edge AQUATIC DESIGN 1,�ti111 landWorks STUDIO Ken Caton Waters Edge Aquatic Design Designer Brian Sturm Landworks Landscape Architecture Principal teff Bartley PE, LEED AP Education Master of Civil Engineering j The University of Kansas, Lawrence, KS Emphasis in Water Resources/Hydraulics BS I Civil Engineering - The University of Kansas Registrations Professional Engineer (PE): Kansas, Missouri, Illinois, Oklahoma, Minnesota, Hawaii, Iowa, New Mexico, South Dakota, Nebraska, Virginia, Maine, Texas, Pennsylvania, Louisiana, Colorado, Florida, Arkansas National Council of Examiners for Engineering and Surveying (N.C.E.E.S) Professional Certifications LEED Accredited Professional, Green Building Certification Institute, National Swimming Pool Foundation, Certified Pool Operator Illinois Swimming Facility Professional Engineer - IDPH Jeff Bartley has over 25 years of experience in the aquatic design and consulting field, providing him the knowledge and skills necessary to lead aquatic projects. Jeff takes great pride in directing all aspects of planning, design, construction administration, and operator training of aquatic facilities. He is committed to designing tailored, energy-efficient, and sustainable facilities that optimize the site and budget, and exceed client expectations and goals. e studies the University of Kansas Jeff has extensive technical resources. Duringowledge of vthis time, Jer eff condung due cteld rresearcth studies in water flaw modeling and in hydraulics and water resou taught a lab for water resources design to undergraduate students. Jeffs research and project experience have given him the tools to understand the technical design aspects, as well as the planning issues involved with the unique challenges of creating remarkable aquatic facilities. Waters Edge Aquatic Design Proposal - City Salina, Kansas Project Manager Jeremy Harter, PE Education BS I Civil Engineering Magna Cum Laude I Kansas State University Manhattan, Kansas Registrations Professional Engineer (PE): Kansas Skills & Qualifications over six years of engineering work experience Key Staft Resumes Jeremy has expanded his expertise by gaining extensive hands-on experience with many knowledgeable and experienced mentors in the engineering field. Jeremy brings the work ethic, technical ability, personality, and people pleasing attitude required to be a valued asset to the Waters Edge team. His involvement in numerous projects, technical knowledge, and attention to detail, give Jeremy the ability to effectively plan, design, and provide construction administration services for all types of aquatic projects. Jeremy understands the importance of client interaction and how working effectively and efficiently with a team can help accomplish each task and lead to a smooth and successful project. O Copyright Waters Edge Aquatic Design Project Designer Ken Caton Education BS l Design Drafting Technology I University of Central Missouri BFA I Interior Design I University of Central Missouri Warrensburg, Missouri Skills & Qualifications Highly creative Extensive experience and knowledge for design Proficient at detailed scaled drawings & concept development Fast paced and detail oriented 2-D and 3-D digital design experience Excels in listening to each client's desires & creating a design that reflects those ideas Ken has a keen sense of detail and design, with a double major in Drafting & Design Technology as well as a BFA in interior Design. He is able to visualize and execute quickly and effortlessly. Ken uses his expertise to help clients make their visions a reality by developing initial conceptual plans and turning them into complete construction documents. Ken excels in listening to clients desires and reflecting those ideas in completed facilities. Ken is a team player who works side by side with Waters Edge engineers. His past experience ranges from new construction additions and renovations, giving him the ability to understand the complexities of the process. Ken also oductshelps materialsr andts through subm submittals. canalsoon bepound onto ts to check ng finish line. During construction he reviews key products, project status according to construction documents. Waters E=dge Aquatic Design Proposal - City Salina, Kansas -.0yAr EXPERIENCE I 16 Years I education MASTERS OF LANDSCAPE ARCHITECTURE UNIVERSITY OF GEORGIA, 2005 BACHELOR OF ARTS IN HISTORY UNIVERSITY OF NORTH CAROLINA, 2000 PLA 1 Kansas affiliations LEED I Accreditation) 2008 CLARE I Certification) 2008 PGASLA I Member 12006 awards CELA I Outstanding Student Paper 12005 ASLA I National Honor Award 12005 ll` landworks STUD10 p Copyright Waters Edge Aquatic Design Key Staff Resumes BRIAN STURM, PLA, ASLA, LEE© AP senior landscape architect Brian's background in urban American history coupled with his more than a decade of experience in community planning, site analysis and landscape design make him an invaluable player on any project team. Brian seeks out the stories being told by our landscapes and develops designs which bring them boldly forward for the public to enjoy. With extensive professional experience, his work includes: master planning for residential, senior living and mixed-use communities, parks and trail design, monument design, and planting plans to meet city ordinances to gain necessary permits. While his final designs ultimately specify materials such as pavement, pipes, and plants, it is people which are his favorite element in the landscape and which inspire his work. relevant projects + Cedar Station Park Lenexa, KS + County Square Master Plan Olathe, KS + Family Park Master Pian Topeka, KS + Meadowbrook Park Master Plan, Design and CDs Prairie Village, KS + Shamrock Trading Corporation Campus Design Overland Park, KS + Police Headquarters and Park Master Plan Lawrence, KS + Parks and Recreation Master Plan Joplin, MO • Community Park Jefferson City, MO + Hyde Park Sprayground St. Joseph, MO + Wichita Aquatics Master Plan & Design Wichita, KS + Gillham Park Sprayground Kansas City, MO 4. Project Understanding 0 Copyright Waters Edge Aquatic Design Project Understanding We have visited Jerry Ivey Park and have seen firsthand the conditions that you hope to remedy. In particular, the following primary conditions were observed during the visit. The pond has heavy algae growth, likely due to a combination of conditions such as: • Lack of freshwater turnover (limited supply of fresh water from rainwater sources or surface runoff). The bulk of the water supply comes from a well that supplies enough water to maintain the level. • Shallow depths with sunlight exposure and warm water temperatures during summer months. • Geese population that occupies the pond. There is instability in the perimeter walls and walks and we will fully analyze this. The issue may be due to migration of water from behind the perimeter walls and walks into the pond area. This carries fines in the soil subgrade beneath and behind the perimeter structures and thus undermining its support. There is a collection of debris on the water surface and shallow area along north edge, as prevailing winds push debris into this location with no ability to screen or collect the debris. In addition to the adverse conditions, we understand that the Jerry Ivey Park is a popular destination for passive recreation and leisure, as well as events such as weddings, reunions, parties, etc. we will consider improvements to the park area that would enhance these gatherings and events. Waters Edge Aquatic Design Proposal - City Salina, Kansas Project Understanding Philosophy Regarding Project Approach The Initial Steps Typical approach will begin with an evaluation and study. An effective water feature study and project incorporates a variety of evaluations, areas for analysis, and method for collecting information and data to make well informed decisions and recommendations. The project approach can be broken down into three major steps: Gather information from you, including your goals as well as struggles. Evaluate your existing water feature. With the knowledge from the evaluation we will work with you to come up with solutions, initial concept plans, & estimated costs so that you can make the an informed decision. This will summarize the previous steps & provide you with an opportunity to review & help develop the final report. The goal for the final report is to provide a useful tool for planning the future. © Copyright Waters Edge Aquatic Design Experience Our team has designed over 40 water features and civic fountain displays in the last decade, including restorations and new water feature designs. Many of these have included high profile civic water displays that range from passive backgrounds to enhance the area to dynamic water displays that are the entire focus of the space. All of which are designed to attract guests and create a memorable experiences. Our engineers have specific and direct knowledge of water displays as we have been involved with over 15 civic water feature projects for the City of Kansas City, Missouri alone throughout the years, as well as dozens of others across the country. Analysis and study of the current site and conditions, experienced technical hydraulic engineering knowledge, selection of the proper materials, design of appropriate subgrade and perimeter stabilization design, creative conceptual planning, and developing accurate cost estimates will be paramount to a successful evaluation study. Waters Edge Aquatic Design Proposal - City Salina, Kansas Project Understanding Comprehensive Evaluation The first step in solving any problem is to identify what is known. First, we will interview all relevant city staff members to identify efforts required to maintain the park. We will ask about the frequency of failures, efforts to remedy, goals for maintenance, and operation efforts. Next, we will thoroughly assess the site and facilities, both visible above ground features as well as underground items. During this work, we will photograph and document conditions we observe. This will help communicate our findings and the need for repairs. While this information is being gathered, we will also review the original construction drawings, specifications and available construction photos. We will extract available information on how it was detailed originally and why, attempt to understand how it should work, and why it is failing. We will identify all adverse conditions and apparent cause for those conditions Develop Options Problems/conditions we will study include the following as a minimum: • Condition of the perimeter stability and structures condition • Quality, clarity and condition of the water- and algae control • Surrounding grade, topography, drainage • Subgrade conditions of perimeter structures, and settlement of perimeter walls and sidewalks • Management of the geese and other wildlife population • Strengths and weaknesses of existing water feature • Condition and effectiveness of pumped stream feature • Natural features to be incorporated into any improvements • ADA compliance of area A key part of the study will be to determine solutions for the water clarity/quality. With our initial review, we believe the water feature would benefit greatly from a filtration and treatment system, given its confined water volume and lack of freshwater addition through the natural water cycle. We are aware of existing filters that are available from the previous Kenwood Park pool, and believe it is an option to consider repurposing these filters for the water feature. We have preliminarily estimated the water feature to be approximately 3/ acre in size. The existing pair of filters unutilized from the old Kenwood Park Pool could provide capacity to filterthe water in the water feature within 24 hours at a low and effective filtration rate. D Copyright Waters Edge Aquatic Design Recommendations will follow with the consideration of multiple options/scenarios. As bookends, we can develop recommendations to bracket the lesser and more expensive solutions. The starting point could include costs to perform basic improvements to correct current issues, with additional options at a higher expense for redeveloping the area with enhancements. As an example, the presented options could include the following- • Rash. I provem mJa— improvement options to address maintenance, water clarity issues, wildlife management, and perimeter shore linelsidewalk failures. • — basic improvements, plus conceptual plan options to redevelop the water feature area to enhance the park experience and further encourage or accommodate events and activities. These alternatives would be intended to add new life and energy to the park. In addition to enhancing the experience for passive park use, an enhanced area could encourage additional programmed events, festivals, and rentals. The landscape and improvements to the water display can become a more significant back drop for these events, as well as become a setting for holiday events and displays. Summary Report As a record of our findings, considered options and recommendations, we will provide a written report that summarize the findings, alternatives considered, and recommendations presented. Final report documents will include conceptual plans as well as an anticipated project budget. Waters Edge Aqua€i( Design Proposal - City Salina, Kansas Project Understanding Timeline for Project Completion Proposed Feasibility Study Work Schedule We will adopt a schedule beneficial to the project after consultation with the City of Salina. A preliminary timeline is provided for the identified scope. Specific dates will be identified after contract award and project kickoff once the goals and objectives for the study are reviewed with the team. Our team has the capability and capacity to complete the project in a timely manner within our current workload. A project of this nature requires individuals with the technical expertise and experience to successfully study the conditions and offer viable options. We have assembled a project team with the right individuals to do this. Jerry Ivey Park - Preliminary Schedule TASK Feb wa'& Apn Mly Ju" Ity Augur Selection and Kickoff RFQ Due Selection and award contract Project kickoff Evaluation)"e analysis Options/ Conceptual Planning Pre im inary Option s!C once pts Review Initial Options Refine Options/Altematives Develop Opinions of Cost Final Concept Options Adjustments Final Report Draft report submitted Final report submitted ® Copyright Waters Edge Aquatic Design CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 3/2212021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 7 BY: City Manager's Office FINAL A P OVAL: ITEM NO: Jacob Wood, �✓✓ BY: Page 1 BY. Deoutv Citv Manager - - &a;i— ITEM: Resolution No. 21- 7944 Resolution appointing a Human Relations Commission member to the Law Enforcement Citizen Review Board. BACKGROUND: On February 22, 2021, a resolution appointing members to the newly formed Law Enforcement Citizen Review Board was approved by the City Commission. This action appointed all but one member of the board. The final seat on the board is designated for a member of the Human Relations Commission. The Human Relations Commission has scheduled a special meeting on Friday, March 19th to nominate one of its members to be considered for approval by the Mayor and Commission. The attached resolution will be updated to reflect the name of the Human Relations Board member once the nomination is made. Once the final appointment is made a meeting of the board will be scheduled. Staff anticipates that the first meeting to take place in April. FISCAL NOTE: There is no direct fiscal cost associated with this action item. COMMISSION ACTION OR RECOMMENDED ACTION: Staff has identified the following options for the City Commission's consideration: 1.) Approve Resolution No. 21-7944 a Human Relations Commission member to the Law Enforcement Citizen Review Board. 2.) Approve Resolution No. 21-7944 with amendments as the City Commission deems appropriate. 3.) Postpone consideration of Resolution No. 21-7944 to a specified date and time and provide staff direction regarding additional information or amendments the City Commission would like to request for their further consideration. 4.) Vote to deny Resolution No. 21-7944 resulting in no action being taken at this time and the need for further consideration and action on the part of the Mayor and governing body in order to implement the newly created Law Enforcement Citizen Review Board. Attachments: Resolution No. 21-7944 RESOLUTION NUMBER 21-7944 A RESOLUTION APPOINTING A MEMBER OF THE HUMAN RELATIONS COMMISSON TO THE LAW ENFORCEMENT CITIZEN REVIEW BOARD. WHEREAS, Section 2(c) of Resolution Number 17-7469 calls for Citizen Board member appointments to be made by resolution submitted by the Mayor to the full City Commission for final approval; and WHEREAS, vacancies currently exist on certain Citizen Boards, Commissions and Committees; SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. The following, as proposed by the Mayor of the City of Salina, is hereby appointed to the designated Board for the term indicated: Citizen Review Board One Year Term Human Relations Representative — appointed until 9/1/2022 Section 2. That this resolution shall be in full force and effect from and after its adoption. Adopted by the Board of Commissioners and signed by the Mayor this 22t' day of March, 2021. (SEAL) ATTEST: Cheryl Mermis, Deputy City Clerk Melissa Rose Hodges, Mayor CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: S Community and Development Services FIN ITEM Planning Division FINAL AP VAL- NO: Page 1 1 BY: Dean Andrew :A BY: /os ITEM: Ordinance No. 21-11056 Application #Z18 -6A, filed by Sunset Custard DT, LLC, requesting approval of an amendment to an existing PC -3 (Planned Shopping Center) zoning district and approval of a final site development plan for a proposed restaurant with an outdoor seating area that exceeds 50% of the capacity of the indoor seating area. The property that is the subject of this application is legally described as a portion of Lots 2, 3 and 5 in the Replat of the West Half of Block 10 in the Riker Addition to the City of Salina, Saline County, Kansas and addressed as 916 East Crawford Street. [Under Kansas law, pending Application #Z18 -6A, requesting the amendment of a planned commercial district on the south side of East Crawford Street west of Ohio Street is a quasi- judicial land use matter to which the rules of due process apply. In order to assure that all Commissioners are able to fairly consider the application on the basis of the same publicly presented information, no one should initiate what is referred to as an "ex -parte" contact with a Commissioner regarding the case, nor should a Commissioner entertain any such contacts. in order to assure that all Commissioners are acting with the same publicly presented information and to avoid any suggestion that a Commissioner has prematurely reached a conclusion regarding this application, Commissioners should refrain from any private discussion of the case with other Commissioners prior to the final public action on the application.] BACKGROUND: In March, 2018, the current applicant (Reimold Properties) approached City staff about redeveloping Block 10 of the Riker Addition minus the existing Subway and proposed Popeye's building sites. Section 42-409.2 of the Salina Code states that a Planned Commercial zoning is required whenever an owner of property located within a community center or neighborhood center identified in the comprehensive plan applies for rezoning from a non-commercial zoning classification to a commercial zoning classification or from an existing commercial zoning classification to a different commercial zoning classification. As a result, staff informed the applicant of the 65 ft. wide strip of R-1 zoning along the South 65 ft. of Block 10 and informed them that in order to rezone this strip of land to a commercial zoning district, they would need to rezone the property to PC -3 to conform with the Neighborhood Center designation on the Future Land Use Map within the City of Salina's Comprehensive Plan. On April 5, 2018, the applicant filed a rezoning application to rezone the property from C-5 (Service Commercial) and R-1 (Single -Family Residential) to PC -3 (Planned Shopping Center) in order to create a uniform zoning district that conforms to the Comprehensive Plan's Future Land Use Map. [At that time PC -5 was not listed as a Potential Zoning District in the Neighborhood Center land use category]. On May 15, 2018 the Planning Commission conducted a public hearing on the applicant's rezoning request and voted to recommend approval of the requested zoning change to PC -3 and approval of the proposed final development plan to allow construction of a 3,440 sq. ft. Moka's restaurant with drive through service and associated parking and landscaped areas. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development Services ITEM Planning Division FINAL APPROVAL: NO: Page 2 BY: TDean Andrew BY: Zoninq Overview On June 4, 2018 the City Commission voted to approve the requested zoning change to PC -3 and approval of the proposed final site development plan on first reading, with second reading approval taking place at the June 11, 2018 City Commission meeting. The proposed zoning change and final site development plan were approved with the following conditions: 1. Zoning district regulations. Development and use of the Property shall be limited to the uses permitted in the "C-3" Shopping Center District and shall be subject to the bulk regulations, use limitations and sign regulations applicable to the "C-3" Shopping Center District, except as enumerated in sub -point 2 below. 2. Modifications. Pursuant to Salina Code Sec. 42-409.7; otherwise applicable district regulations are modified as follows: None. 3. Any conditions imposed as a result of planning commission review and approval of the site development plans on the remaining Property in the district; and 4. No building permits shall be issued for the remaining Property in the district until the site development plan has been approved by the Planning Commission. 5. Construction of the rear shared access drive connecting the Popeye's site to Lewis Street shall be completed as part of the next phase of development on the remaining Property. The end result is that all of the property at the southwest corner of East Crawford Street and South Ohio Street is part of a Planned C-3 district, except for the Subway site. Nature of Current Request Jason Ingermanson, through Reimold Properties, owns and controls all of the property included in this rezoning request area. The property is currently zoned Planned C-3 (Shopping Center District) and is subject to the bulk regulations, use limitations and sign regulations applicable to the C-3 Shopping Center District. Although restaurants are a permitted use in the C-3 district, their outdoor dining areas are limited to no more than 50 percent of their indoor dining areas. In this case, the applicant is proposing to construct a restaurant with 100 percent outdoor dining and no indoor dining. Because this property is subject to the C-3 zoning district regulations, the applicant is requesting that the use limitations applicable to this property be modified to allow 100 percent outdoor dining. Additionally, the Planned C-3 district requires that a final development plan be reviewed and approved by the Planning Commission prior to issuance of any building permits. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development Services ITEM Planning Division FINAL APPROVAL: NO - Page 3 BY;Dean Andrew BY: The role of the City Commission in this case is to review the request to amend this planned commercial district and determine whether the requested modification of the C-3 development standards applicable to this lot (100 percent outdoor seating) would be compatible with the zoning and uses of nearby property. Intent and Purpose of the C-3 Shopping Center District The C-3 district is designed to provide a district of no less than one (1) acre for a relatively broad range of retail shopping facilities which primarily consist of specialty shops and stores. One distinguishing characteristic of the C-3 zoning district is that it requires all service, storage and display of goods to be conducted within a completely enclosed building. The C-5 zoning district does not have this limitation. Zoning Ordinance Requirements Development of this PC -3 zoning lot would be subject to the following development limitations, with the applicant's requested amendment to remove the limitation on outdoor dining area: 1. Uses: Any permitted use allowed in the C-3 district, plus any conditional uses approved by the Planning Commission. This would include retail stores, offices, convenience stores, etc. in addition to restaurants. 2. Minimum lot area: No minimum but must be at least one (1) acre in size, unless contiguous to or within two (200) hundred feet of a similar district. Existing lot area: 39,322.41 sq. ft. (.90 acres) / Contiguous to PC -3 to the west (Moka's) and to the east (Coop's Pizzeria) 3. Minimum lot width: 75 ft. (123.05 ft. proposed) 4. Minimum lot depth: 100 ft. (318.85 ft. proposed) 5. Minimum Setbacks: Front yard — 25 ft. from the front property line or 75 ft. from the center line of the adjacent street, whichever is greater. Crawford Street: 89.82 ft. from property line Side yard — none required, 15 ft. if it abuts a residential district. Rear yard — none required, 15 ft. if it abuts a residential district 6. Maximum lot coverage: 40% 7. Maximum structure height: 35 ft. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION I ORIGINATING DEPARTMENT: I FISCAL APPROVAL NO: BY: Community and Development Services ITEM Planning Division FINAL APPROVAL: NO: Page 4 BY: Dean Andrew BY: 8. Off-street parking: Restaurant - One (1) space for each fifty (50) square feet of customer service or dining floor area or one (1) space for each three (3) persons based on the maximum occupancy at designed capacity, whichever is greater, provided that restaurants with drive-through service shall have eight (8) stacking spaces for each drive -up window with four (4) of such spaces located at the ordering station, and provided that drive-in restaurants shall have at least ten (10) parking spaces. All spaces shall be designed so as not to impede vehicle circulation on- site or on abutting streets. All parking spaces, driveways and maneuvering areas must be paved in accordance with Section 42-552(e)2. of the Zoning Ordinance. 9. Landscaping: Front yard landscaping must be provided based on the street frontage and depth of the lot. A 15 ft. landscape buffer and some form of solid screening (of not less than 6 ft. in height) are required where commercial development abuts residential uses. A landscape planting plan must be designed in accordance with the provisions of Sec. 42-65 (the Landscaping Regulations). Block 10 abuts residential zoning and uses on the south. Therefore, the South 15 ft. of Block 10 must be set aside as a landscape buffer. 10. Signage: Pole, ground and/or wall signs allowed. Maximum sign area — four (4) square feet of sign area for each lineal foot of building frontage. Maximum height — 30 ft. Required setback — None Signs Prohibited — Advertising signs 11. Exterior Lighting: Exterior lighting fixtures shall be aimed or shaded so that no direct light is cast towards any street traffic or any residential property (see number four above). 12. Building Design: The C-3 district does not have any aesthetic requirements for buildinas. However, planned commercial districts have some general CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development Services ITEM Planning Division FINAL APPROVAL: NO: Page 5 BY: Dean Andrew BY: aesthetic standards but also give the City Commission the authority to review and approve the design, materials and appearance of new buildings. The Neighborhood Center narrative in the Comprehensive Plan does state that quality design and materials should be used for all development to encourage long term commitment to a location and that the scale and style of development in Neighborhood Centers should be compatible with that of the surrounding neighborhood. Waivers Exceptions Requested by the Applicant The applicant is requesting an exception to the outdoor dining limitations in the C-3 zoning district which states that restaurants may have food and beverage service on an outdoor patio of not more than fifty (50) percent the size of the indoor eating space. Instead of being limited on outdoor dining, the applicant would like to have 100 percent of their dining be outdoors. The proposed final development plan proposes 1,120 sq. ft. of outdoor dining area with 38 seats and no indoor dining. Section 42-286(2)a. of the C-3 zoning district use limitations states: (2) All business, service, storage and display of goods shall be conducted within a completely enclosed building, except: a. Restaurants which may have food and beverage service on an outdoor patio not more than fifty (50) percent the size of the indoor eating space. *`As an example of this limitation, Speakeasy's on South Ohio Street is located in a C-3 zoning district. Speakeasy's outdoor patio was limited to 50 percent of the size of the indoor dining area. Section 42-409.7. — Applicable restrictions states: All restrictions applicable to the underlying commercial zoning classification, as amended, apply to a planned commercial district, unless modified by the ordinance originally approving a planned commercial district or an ordinance amending the restrictions applicable to that planned commercial district. In order for the proposed Freddy's restaurant to have 100 percent outdoor dining, the applicant is requesting that the City Commission approve a modification to the existing Planned C-3 zoning district to remove the limitation on outdoor dining. In reviewing the applicant's request to allow 100 percent outdoor dining, the City Commission may impose conditions and restrictions on the plan to ensure that appropriate development is produced and adverse impacts are avoided. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development Services ITEM Planning Division FINAL APPROVAL: NO: Page 6 BY: Dean Andrew BY: Final Site Development Plan Review Lot Design The Freddy's Frozen Custard zoning lot is currently zoned PC -3 and consists of a portion of Lots 2, 3 and 5, in the Replat of the West Half of Block 10, Riker Addition (See Exhibits `A' and `B' attached). Although the proposed zoning lot never went through the formal Lot Split process, it appears that Lots 2, 3 and 5 have only been split once as a result of the proposed zoning lot, so replatting should not be necessary. The C-3 zoning district does not have minimum lot width, lot depth or lot area requirements, except that the subject property must be part of a C-3 zoning district with a minimum size of at least one (1) acre or be contiguous to or within two hundred (200) feet of a similar district. The proposed Freddy's zoning lot is part of a PC -3 zoning district that exceeds three (3) acres. Specifically the Freddy's site is 123.08 ft. wide and 318.85 ft. deep with a total lot area of 39,322.41 sq. ft. (.90 acres). Street Access and Design Historically, the Reimold Properties on the south side of Crawford Street have had eight (8) existing driveway curb cuts on Crawford Street with another two (2) off of Lewis Street. As the property is being redeveloped in phases, the applicant has been consolidating curb cuts in order to reduce conflict points along this portion of Crawford Street and improve traffic safety and circulation in and out of the businesses. The proposed Freddy's redevelopment project will take two (2) existing curb cuts from the former Moka's Coffee business and consolidate them into a single curb cut with ingress and egress. In addition to consolidating curb cuts along this stretch of Crawford Street, the applicant has been phasing construction of a rear shared access drive. As a condition of this next phase of development, the applicant is required to complete the construction of the rear shared access drive so that the Popeye's site connects with Lewis Street. This will be a condition on the building permit and the road will have to be completed prior to a Certificate of Occupancy being issued for the restaurant. After the shared access drive is complete, all of the Reimold Properties and the Popeye's restaurant will all have access to Lewis Street, Crawford Street and Ohio Street. This portion of Crawford Street carries over 16,000 vehicles per day while Ohio Street carries over 24,000 vehicles per day. Staff does not believe redevelopment of this property with uses allowed in C- 3 will substantially increase traffic along the Crawford Street corridor compared to previous uses. Public Utilities Storm Drainage and Services This factor deals with whether the proposed rezoning will create traffic congestion, overtax public utilities, cause drainage problems, overload public schools, jeopardize fire or police protection or CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03122/2021 4:00 P.% AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development Services ITEM Planning Division FINAL APPROVAL: NO: Page 7 BY: Dean Andrew BY: otherwise detrimentally affect public services and whether the property owner or developer will provide the public improvements necessary to adequately serve the development. Adequate water, sanitary sewer and gas and electrical lines are in place to serve commercial redevelopment on this site. The commercial redevelopment proposed by the applicant should not result in any more burdens on public facilities and services than similar commercial developments that have operated along this stretch of Crawford Street for decades. Fire protection would be provided by Station #4 located at Crawford and Marymount. The existing utilities serving this site are as follows: 1. Water —There is a 30 inch line in Crawford Street that is a distribution line. This distribution line is paralleled by a 6 inch water line that provides domestic service. 2. Sanitary Sewer — There is an eight (8) inch sanitary sewer line that runs east -west at the south end of the property from Lewis Street to Ohio Street, were it connects to a 12 inch sanitary sewer line. This line serves the existing commercial buildings along Crawford Street and should be capable of serving any proposed redevelopment in Block 10 of the Riker Addition. 3. Storm Drainage — The Riker Addition was platted prior to 1980 and is not subject to any storm water detention requirements. The proposed redevelopment site is not located in any identified Critical Drainage Area or 100 year flood plain. There is a 24 inch storm sewer running under the Lewis Street and Crawford Street intersection with inlets to collect storm water runoff. To avoid any drainage issues the redevelopment site should be graded to drain toward Crawford Street. Building Orientation The proposed Freddy's restaurant would be oriented to face north toward Crawford Street. The proposed restaurant features a covered outdoor dining area on the north side of the building. The main entryway to the restaurant building would be oriented to the parking area on the west side of the building with one door for employees to enter the building and the other for customer restroom access. Because the Freddy's restaurant is proposing outdoor dining only, customers will receive their food via a walk up window on the north side of the building, under the covered outdoor dining area canopy or the drive- thru that wraps around the proposed building with the pick-up window on the east side of the building. The proposed building canopy facing Crawford Street is 41 ft. wide (east to west) and the overall building depth (including the outdoor dining canopy) is 104 ft. (north to south). The proposed building setbacks are: North (Crawford Street): 89.82 ft. (42 ft. required due to substandard ROW) East: 15.76 ft. No setback required CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/2212021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development Services ITEM Planning Division FINAL APPROVAL: NO: Page 8 BY: Dean Andrew BY: West: 82.91 ft. (No setback required) South (Rear): 124.70 ft. (15 ft. required) The proposed restaurant would occupy less than nine (9) percent of the lot, which is well below the C- 3 district maximum of 40 percent. Total site coverage, including building and paving, would be 74.08 percent meaning that 25.92 percent of the developed site would be green space. Building Area: 3,400.00 sq. ft. (08.65% Lot Coverage) Paving Area: 25,728.23 sq. ft. (65.43% Lot Coverage) Green S ace: 10 194.18 s . ft. 25.92% Lot Coverage) Total Area: 39,322.41 sq. ft. Building Design The applicant has submitted elevation drawings Commission's review. The proposed restaurant outdoor dining canopy and the restaurant building. Outdoor Dining Canopy: of the proposed restaurant building for the City structure consists of two (2) major elements, an The north part of the building structure consists of a canopy covering the proposed outdoor dining area. The canopy structure is supported by red post supports and is 24 ft. tall at its highest point. All four (4) sides of the front of the canopy consist of red fascia with vertical white stripes. There is also a Freddy's wall sign proposed on the north face of the canopy. Restaurant Building: The front (north) building facade facing Crawford Street consists of a four (4) ft. red brick wainscoting around the base of the building. Above the brick wainscoting, the proposed elevations propose multiple walk up food service windows and red metal paneling. The east, west and south building elevations primarily consist of a khaki colored Exterior Insulated Finish System (EIFS). The khaki colored EIFS is accented with white horizontal stripes four (4) ft. above the base, matching the height of the brick wainscoting and another white horizontal stripe along the top of the building. All four (4) sides of the building have a red horizontal strip of red building coping, capping the exterior walls of the building. The west side of the building has two (2) doors, one for employees to enter/exit the restaurant building and one for a customer restroom. The east side of the building has two (2) drive -up windows. All the doors and windows are covered with red metal panel awnings with white vertical stripes. The Planned C-3 zoning district requires building elevations to be submitted to the Planning Commission and City Commission for their review and approval. While the Zoning Ordinance does not have specific aesthetic standards, all primary buildings are required to have an attractive design and exterior finish. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development Services ITEM Planning Division FINAL APPROVAL: NO: Page 9 BY: I Dean Andrew BY: The City Commission's review of the proposed building elevations is to confirm and find that the proposed exterior building elevations demonstrate a high-quality visual appearance. Off -Street Parkin�lc. The Freddy's Frozen Custard site plan shows 24 off-street parking spaces located to the west and northwest of the proposed building. Of the 24 off-street parking spaces proposed, two (2) of the spaces are handicapped accessible with one (1) of the handicap accessible spaces being a Van accessible parking space. All of the proposed parking spaces meet the minimum parking space dimensions with a width of nine (9) ft. and a parking stall depth of 19 ft. Additionally, all the parking lot driving aisles meet the minimum width standards with the one-way driving aisles being 12 ft. wide and the two-way (90 degree) driving aisles being 24 ft. The Zoning Ordinance requires that off-street parking be provided for restaurants in accordance with the size (area) of the proposed dining area or the maximum seating capacity, whichever is greater. The proposed Freddy's restaurant features an outdoor dining area of 1,120 sq. ft. with tables and chairs for up to 38 seats. Off -Street Parking Requirements: Dining Area: Outside dining area= 1 120 s ft 150 s . ft. = 22.40 s aces Dining Area Seating: Outside dining area seating = 38 seats i 3 seats = 12.67 spaces The size of outdoor dining area results in 22 off-street parking spaces, which is greater than the 13 off- street parking spaces resulting from the proposed 38 outdoor dining area seats. As a result, the 24 off- street parking spaces being proposed sufficiently meet the off-street parking requirements of the Freddy's restaurant. Loading/Unloading The proposed site does not have a dedicated loading and unloading area for receiving food and supply shipments, but there is room on the site for after-hours loading and unloading. The applicant has furnished staff with a written letter confirming that all supply deliveries for the proposed Freddy's restaurant would occur outside regular business hours. Landscaping and Buffering CITY 4F SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development Services ITEM Planning Division FINAL APPROVAL: NO: Page 10 BY: Dean Andrew BY: Based on the street frontage and the depth of this lot, staff has determined that 2,460 sq. ft. of landscaped front yard area would be required on this site under the City's landscaping regulations. The proposed plan shows 2,502 sq. ft. of landscaped area within the front yard setback along Crawford Street. The site plan also shows four (4) parking lot landscaping islands and peninsulas throughout the parking lot. There is also a nearly 40 ft. wide landscape buffer between the shared access road to the south of the building and the south property line. The landscaping buffer already features screening trees that were planted during the Moka's redevelopment project. A total of five (5) tree units are required in the front yard landscaping area (the front 42 ft. of the property). A tree unit consists of one (1) shade tree, three (3) ornamental trees or 10 shrubs (up to 1/3rd of the required tree units). The proposed landscape planting plan shows four (4) shade trees and 17 parking lot screening shrubs in the front yard landscaping area for a total of 5.60 tree units. The site plan also shows 2,546 sq. ft. of parking lot island and peninsula green spaces throughout the parking lot. The various landscape islands throughout the parking lot are voluntary and shown to have turf grass Signage The Freddy's property is subject to the C-3 zoning regulations which allow four (4) sq. ft. of sign area for every lineal foot of building frontage. In this case the restaurant canopy structure is 41 ft. wide which results in 164 allowable sq. ft. of sign area. Proposed signage for the Freddy's restaurant includes a 22.60 sq. ft. wall sign on the north face of the outdoor dining area canopy facing Crawford Street. Freddy's also plans to retain and reuse the existing Moka's pole sign along Crawford Street. All signs require a sign permit prior to installation. Site Plan Review Process When the board of commissioners has reserved responsibility for review and approval of the site development plan: a) Planning Commission recommendation. Following its public hearing, the planning commission will prepare and transmit to the board of commissioners and to the applicant its finding and its recommendation to: 1) Approve or disapprove the site development plan as submitted; 2) Approve the site development plan, subject to specified revisions or conditions; or 3) Revise and resubmit the site development plan. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development Services ITEM Planning Division FINAL APPROVAL: NO: Page 11 BY: Dean Andrew BY: b) Board of Commissioner's decision. After the planning commission transmits its findings and recommendation regarding the site development plan to the board of commissioners, the board of commissioners may: 1) Approve the recommendation; 2) Override the planning commission's recommendation by a two-thirds majority vote of the membership of the board of commissioners; or 3) Return such recommendation to the planning commission with a statement specifying the basis for the city commission's failure to approve or disapprove. If the board of commissioners returns the planning commission's recommendation, the planning commission, after considering the same, may resubmit its original recommendation giving the reasons therefore or submit a new and amended recommendation. Upon receipt of such recommendation, the board of commissioners, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendation. Planning Commission Recommendation The Planning Commission conducted a public hearing on the applicant's request to amend the existing PC -3 district and request for final site development plan approval on March 2, 2021. The applicant's representative and design engineer appeared and spoke at the hearing. Although neighboring property owners were notified, no neighboring property owners appeared or spoke at the meeting. Recommendation #1 The Planning Commission voted 6-0 to recommend approval of the requested modification to the C-3 development limitations to allow 100% outdoor dining. The Planning Commission recommendation was based on the following findings: 1. As proposed, the outdoor dining area will not have an adverse impact on neighboring properties. 2. The Freddy's site was previously zoned C-5 which would have allowed unlimited outdoor dining by right. 3. The applicant has a specific development plan for the Property. Recommendation No. 2 The Planning Commission voted 6-0 to recommend approval of the proposed site development plan to allow construction of a restaurant with drive through service and associated parking and landscaped areas. The Planning Commission's recommendation related to the proposed site development plan for Freddv's Frozen Custard was based on the following findings: CITY 4F SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development services ITEM Planning Division FINAL APPROVAL: NO: Page 12 BY: Dean Andrew BY: 1. The C-3 (Shopping Center) district allows restaurants with drive through service as a permitted use. 2. The proposed Freddy's restaurant development meets all bulk regulations and use limitation on the C-3 (Shopping Center) district, with the exception of the outdoor dining limitation, which the applicant is requesting an exception to in order to have 100 percent outdoor dining. 3. The proposed Freddy's restaurant site development plan conforms to the City's landscaping and screening requirements, provides sufficient off-street parking and has a site lighting plan that should minimize any impact on the surrounding properties and is compatible with the surrounding neighborhood. The Riker Addition is a pre -1980 subdivision and not part of a critical drainage area, so a drainage study is not required. 4. The site development plan for Freddy's proposes to consolidate two (2) existing curb cuts along Crawford Street into a single curb cut allowing both ingress and egress. All of the interior driving aisles are designed to meet the dimensional requirements of the zoning ordinance and should provide safe, efficient and convenient movement of traffic within the site. Additionally, the proposed development plan completes the construction of the shared access road to the south, connecting the existing Popeye's site to Lewis Street. Consolidating existing curb cuts and completing the shared access road located south of the building should greatly improve property access control and traffic circulation for this site. The site also has a drive up window with approximately 13 vehicle stacking spaces which exceeds the number of stacking spaces required for a drive up window. 5. The site development plan for Freddy's proposes pedestrian access across the parking lot and separates the drive up window lane from the parking lot with a five (5) ft. wide raised curb island. This raised island provides a buffer between pedestrians walking from the parking lot to the restaurant. The site already has and existing sidewalk on the south side of Crawford Street. 6. The site development plan for Freddy's proposes landscaping within the front yard setback area along Crawford Street consisting of four (4) shade trees and 17 shrubs. Additionally, the site shows a 39 ft. screening buffer along the south property line. The 39 ft. wide landscaping screening buffer proposed along the south property line exceeds the minimum buffer width requirement by 24 ft. (15 ft. wide buffer is required). 7. The site development plan for Freddy's proposes a six (6) ft. — eight (8) in. tall trash enclosure structure in the southwest corner of the developed property. The trash enclosure structure will consist of a four (4) ft. brick wainscoting around the base of the enclosure with a CMU wall with a stucco finish on the top two (2) ft. — eight (8) in. of the wall to harmonize with the proposed restaurant building. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: Community and Development Services BY: ITEM Planning Division FINAL APPROVAL: NO: Page 13 BY: Dean Andrew BY: 8. The Freddy's restaurant proposes an outdoor dining area on the north side of the restaurant (which the applicant is requesting an exception/waiver for) but does not propose any outdoor storage that would require screening. COMMISSION ACTION; If the City Commission concurs with the recommendations of the Planning Commission, the attached ordinance amending the development limitations in this Planned C-3 district should be approved on first reading. The protest period on this application expired on March 16, 2021 and no protest petition was filed. Second reading would tentatively be scheduled to occur on April 5, 2021. 2. In the alternative, if the City Commission disagrees with this recommendation of the Planning Commission, it may return this item to the Planning Commission together with the reason for the disagreement with three (3) affirmative votes or it may overturn the recommendation of the Planning Commission and deny this application provided there are four (4) votes in support of such action. The Commission would also need to adopt alternative findings in support of a denial. As to the proposed site development plan for a new Freddy's Frozen Custard restaurant, it is linked to the requested ordinance amendment. Staff has identified the following alternatives for the City Commission's consideration as it relates to the site development plan: 1. The City Commission could approve the site development plan as proposed. 2. The City Commission could approve the site development plan subject to certain minor revisions being made to the plan. 3. The City Commission could sent the site development plan back to the Planning Commission to allow major revisions to be made to the plan by the applicant. Encl: Application Existing Planned Commercial District ordinance Vicinity Map Site Development Plan Landscape Plan Building and Sign Elevations Excerpt of 312121 PC Minutes Ordinance No. 21-11056 cc: Chris Hitchcock, JRI Investments Rick Crawford, Winter Architects Brett Wilkinson/ Justin Owens Kaw Valley Engineering CITY 4F SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/22/2021 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development Services ITEM Planning Division FINAL APPROVAL: NO: Page 14 BY: [Dean Andrew BY: cayor AS Sam Planning & Community Developlue), Publication Date Application -zv a _(P eb Dz l No. 1-4 Hearing Date Date Filed N�ar 2021 ..tan ZZ 2o2_ Vicinity Map Attached Filing Fee K C2 60 Ownership Certificate Receipt No. rr__ L7 APPLICATION FOR AMENDMENT TO THE DISTRICT ZONING MAP Applicant's Name Salina Custard DT, LLC 2 Applicant's Address 410 N 5th, Salina, KS 67401 3 Telephone (daytime) 316-393-6802 4. Owner's Name 5. Owner's Address Reimold Properties LP 410 N 5th, Salina, KS 67401 E-mail chitchcock@jrimgmt.com 6. Legal Description of property to be rezoned (attach additional sheet if necessary) See attached. 7. Approximate Street Address 916 E Crawford Street 8. Area of Property (sq. ft. and/or acres) 0.90 acres 9. Present Zoning 10, Requested Zoning PC -3 PC -3 Use Use see attachment for requested amendment to C-3 11. Are there any covenants of record which prohibit the proposed development? YES ❑ (attach copy) NO 0 12. List reasons for this request (attach additional sheets if necessary): See attached. 13. Provide additional information showing the effect the request will have on present and future traffic flow, schools, utilities, emergency services, surrounding properties, etc. (Attach additional sheets if necessary): The proposed request is only asking for one amendment to the current zoning. This proposed amendment will have minimum impact. 14. Explain how off-street parking will be provided for this requested use: Off -Street parking Is provided using a concrete parking lot on the property. See attached civil plans. 15. List exhibits or plans submitted: CIVIL site plans, landscaping plans, building elevation drawings Applicant(s) i, Owner(s) Signature .. Signature) Date: 1/20/2021 Date: 1/20/2021 If the applicant is to be represented by legal counsel or an authorized agent, please complete the following in order that correspondence and communications pertaining to this application may be forwarded to the authorized individual. Name of representative: Complete Mailing Address, including zip code Telephone (Business): E-mail address: PLF — 051, Application Amendment to District Zoning Map, Rev. 0412011 Applicant Name: Salina Custard DT, LLC Applicant Address: 410 N 5`h, Salina, KS 67401 Date: 1/20/2020 Application for Amendment to the District Zoning Map Reasons for request below: The existing property is currently in a PC -3 zone and must follow the requirements for C-3 Shopping Center District zones. The use limitations under section 42-286 for C-3 zones states that 'Restaurants which may have food and beverage service on an outdoor patio not more than fifty (50) percent the size of the indoor eating space.' The proposed restaurant will have a drive-thru along with an outdoor dining area. There will be no indoor dining area for the proposed restaurant. Therefore, the proposed site does not meet the outdoor dining requirement for C-3 zone. This application is requesting a zoning amendment to our property to allow outdoor dining. EXHIBIT 'A' RE -ZONING DESCRIPTION: A PORTION OF LOTS 2, 3, AND 5, IN THE REPLAT OF THE WEST HALF OF BLOCK 10, RIKER ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 5; THENCE ON THE EAST LINE OF SAID LOTS 3 AND 5, N 00'02'41" W 151.77 FEET; THENCE CONTINUING ON SAID EAST LINES, N 00'06-09" E 166.99 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF CRAWFORD STREET; THENCE ON SAID SOUTH RIGHT-OF-WAY LINE, N 90'00'00" W 123.07 FEET; THENCE S 00'07'48" W 319.02 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 5; THENCE ON SAID SOUTH LINE, N 89'53'01" E 123.61 FEET TO THE POINT OF BEGINNING. END OF DESCRIPTION 742 DUVALL AVENUE SAUNA, KANSAS 67401 PH. (785) 823-3400 I FAX (785) 823-3411 so@kveng.com I www.kveng.com "W VALLEY ENGINEERING ,C E20D2652 1 OF 2 01-21-2021 2652SK RZ EXHIBIT 'B' f'L CRAWFORD STREET R f W 3' DEDICATED R W 3' DEDICATED R/W )EED BK 361, PAGE 7 DEED BK 361, PAGE LEASE LIMITS PER 1348, PAGE720-725 w O 3To 0 of W m: qr- I M F- H VIJjO M Q N1fh O rr 00 F- O W ,____ sC.-04 LL_ mQ CL O ,,_ If Q It 104 o!a 10' UTILITY EASEMENT (PER PLAT) RE -ZONING AREA 39,300 S.F. 10' UTILITY EASEMENT (MISC BOOK 107, PAGE 619 20' UTILITY EASEMENT F VACATED PER ORDINANCE MISC BK 115, PAGE 345. LOT N 89'53'01 " E 123.61' 742 DUVALL AVENUE SALINA, KANSAS 67401 PH. (785) 823-3.400 FAX (785) 823-3411 sa@kveng.com www.kveng.com 1' = 50' KAW VALLEY ENGINEERING cp r H VIJjO T Z a ~Oo W LL_ mQ o O ,,_ If Q O QLLJ N Y Z Q-T W LOT 6 1 nr o �I LOT 9 LOT 10 10' UTILITY EASEMENT lk POINT OF BEGINNING SE CORNER, LOT 5 E20D2652 2 OF 2 01-21-2021 2652SK RZ Attachment Ordinance Creating Planned Commercial District 1 N Z WCL tl 1 Summary published in The Salina Journal on .lune H :2018 ORDINANCE NUMBER 18-10940 AN ORDINANCE AMENDING ORDINANCE NUMBER 8526, CODIFIED AS CHAPTER 42 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP OF THE CITY OF SALINA, KANSAS BY PRESCRIBING THE PROPER USES OF CERTAIN PROPERTY AND APPROVAL OF A SITE DEVELOPMENT PLAN IN ACCORDANCE NN ITH SALINA CODE SECTIONS 42-409.1 THROUGH 42-409.21. BE IT ORDAINED by the Governing Body of the Cite of Salina, Kansas. Section 1. Findings. In relation to the following described real estate: Lots 1; 2; 3, 4 and 5, less the "Forth 3 h. of Lots 2 and 3. in the Replat of the West Half of Block 10 of the Riker Addition and Lot 6. less a 44 ft. x 5 ft. tract in the southeast corner of Lot 6 and the rifest 96 ft. of Lots 9 and 10 in the Replat of the East Half of Block 10, Riker Addition to the City of Salina; Saline County: Kansas (the "Property") the following findings support PC -3 zoning for the site: 1. All conditions precedent for the amendment of the City's Zoning District Map and the rezoning of the Property have been timely met; 2. Section 42-409.2 of the Salina Code states that a Planned Commercial zoning is required whenever an owner of property located within a community center or neighborhood center identified in the comprehensive plan applies for rezoning from a non-commercial zoning classification to a commercial zoning classification or from an existing commercial zoning classification to a different commercial zoning classification; 3. The existing C-5 zoning is compatible with the zoning and uses of nearby property; however Planned C-3 zoning would be more consistent with the Neighborhood Center designation for the property in the Comprehensive Plan than the existing C-5 zoning, 4. The Property: except for the southern 65 ft. is already zoned commercial (G5) and the requested PC -3 zoning district would be a down -zoning, reducing any negative impacts the Property may have on the surrounding area; 5. The Property is currently zoned C-5 and R-1 and approving the requested zoning change would give the Property one (1) unified zoning district classification. 6. The requested PC -3 zoning would be compatible with the zoning and uses of nearby property and consistent with the existing development pattern in the vicinity of the Crawford -- Ohio intersection; 7. The proposed Planned C-3 district is contiguous with a Planned C-3 district approved earlier this year; z IL W 1 8. Needed public utilities and streets are in place to serve the proposed redevelopment site and the proposed redevelopment site has full access from and to Crawford Street and Levis Street: and 9. The Prop",, is located %within the boundary of the Crawford -Ohio Neighborhood Center so the proposed rezoning of the Property is supported by the Future Land Use Plan map and would not be an expansion of the commercial land use area. 10. The applicant has a specific development plan for a portion of the Property. The following finding supports approval of the site development plan for the property: The site development plan submitted for Mokas Coffee and Bistro restaurant meets the development standards set out in Sec. 42409.14 of the Salina Code: Section 2. Amendment. DISTRICT "PC -3" PLANNED SHOPPING CENTER DISTRICT. The Zoning District Map of the City of Salina. Kansas is amended to rezone the Property as part of District "PC -3" Planned Shopping Center District. Section 3. Site Development Plan Approval. The site development plan for a Mokas Coffee and Bistro restaurant as presented is approved and incorporated as part of this ordinance (the "Site Development Plan"). A copy of Site Development Plan shall be fled in the office of the zoning administrator. Section 4. Conditions of Approval. Use of the Property shall be subject to all of the conditions: restrictions, and limitations applicable to the "C-3" Shopping Center District under Ordinance 8526, as amended and as codified in Chapter 42 of the Salina Code. Development of the Property shall be subject to and substantially conform to (a) the Site Development Plan and (b) the following conditions: 1. Zoning district regulations. Development and use of the Property shall be limited to the uses permitted in the "C-3" Shopping Center District and shall be subject to the bulk regulations, use limitations and sign regulations applicable to the "C -a" Shopping Center District; except as enumerated in sub -point 2 below. 2. Modifications. Pursuant to Salina Code Sec. 42-409.7, otherwise applicable district regulatiotis are modified as follows: None. 3. Any conditions imposed as a result of planning commission review and approval of the site development plans on the remaining Property in the district, and 4. No building permits shall be issued for the remaining Property in the district until the site development plan has been approved by the planning commission. 1 tR Z w 1 1 5. Construction of the rear shared access drive connecting the Popeye's site to Lewis Street shall be completed as part of the next phase of development on the remaining Property. (Section 5. Additional conditions. Development and use of the Mokas Coffee and Bistro restaurant site shall be subject to the following additional conditions: 1. A public sidewalk shall be constructed along the entire Lewis Street frontage of the lot. 2. Signage shall be limited to one (1) pole sign with a maximum permitted sign area of 120 square feet and a maximum sign height of 30 ft. Facade or wall signs for shall be subject to the C-3 sign regulations. All landscaping; sidewalk, circulation, parking; fencing and other improvements shorn on the approved site development plan shall be completed prior to occupancy of the building and shall be the responsibility of the applicant. 4. The applicant shall submit a site lighting plan and cut sheets for proposed exterior lighting fixtures for review= prior to installation. 5. A KDHE stormwater permit (Notice of Intent) shall be required for this project. A cope of KDHE°s approval letter must be provided to the City Engineer and a local Land Disturbance Permit must be applied for and issued prior to commencing any earth+work on the site. 6. The project shall be completed in substantial conformance with the approved site development plan, landscape plan and associated sign and building elevation drawings which are hereby incorporated by reference. 7. A building permit for this project shall be obtained within 18 months of site plan approval. Section 6. Expiration and Revocation of the Site Development Plan. Pursuant to Salina Code Sec. 42-409.19. if construction based on a valid building permit has not commenced within the deadline of eighteen (18) months from the date of publication of this ordinance or as extended by the board of commissioners for a specified length of time not to exceed one (1) additional year, the Site Development flan shall expire and be revoked and no building permits shall be issued in relation to the Mokas Coffee and Bistro restaurant site unless and until a new site development plan has been approved by the board of commissioners. Section 7. Repealer. All prior ordinances in conflict herewith as they relate to the Property are repealed. Section 8. Summary of ordinance for publication. This ordinance shall be in full force and effect from and after its adoption and publication once by summary in the official city newspaper. Ordinance No. 18-10440 Summary On lune 11, 2018. the City Commission passed Ordinance No. 18-10910. The ordinance changes the zoning district classification of property located on the southeast East Crai%ford Street and Le,.yis Street to PC -3 Planned Shopping Center District to allow commercial re- development of the site. A complete copy of the Ordinance can be found at w',Nn%,.salina-ks.eov W or in the office of the Cite Clerk. 300 W. Ash. free of charge. This summary is certified by the City s legal counsel. Introduced: June 4, 2018 Passed: June 11, 2018 w Karl F. Ryan. Mayor [SEAL] . ATTEST: Shandi Wicks, CMC. City Clerk The publication summary set forth above is certified this //,4(of lune. 2018. A. B gt on. City Attorney 1 Use Limitations: C-3 Use Limitations (1) All business establishments shall be retail or service establishments dealing directly with the consumer. All goods produced on the premises shall be sold at retail on the premises where produced. (2) All business, service, storage and display of goods shall be conducted within a completely enclosed building, except: a. R-e-st-a---Fants which may have food and heye Fage on an outdoor patio not Fnere than fifty b. Garden centers accessory to a department or grocery store which may have outdoor display and sales of plants, nursery stock and gardening supplies in an area not greater than fifteen (15) percent of the floor area of the store, provided that the outdoor display area may not be located between the front of the principal building and an arterial street. C. Other required conditions: The area used for outdoor service, display and sales shall be enclosed or otherwise separated from the off-street parking area and circulation drives. 2. The area used for outdoor service, display and sales shall be adjacent to the principal building and such area shall comply with the setback requirements for the principal building. 3. The area used for outdoor service, display and sales shall be calculated as floor area in determining the number of required off-street parking spaces. (3) No business establishment shall offer or sell food or beverages for consumption on the premises in parked motor vehicles. (4) Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street. (5) Sight obscuring screening of not less than six (6) feet in height shall be provided along all lot lines that abut a residential district; however, if the property actually utilized for permitted or conditional nonresidential purposes (including accessory parking areas) lies one hundred (100) feet or more from an abutting residential lot line, no screening is required along that lot line. ATTACHMENT A Comparison of C-3 vs. C-5 Zoning The C-3 district is designed to accommodate businesses that serve the entire city or region. The C-3 zoning district generally allows such retail uses as auto parts stores, discount stores and grocery stores. It also allows fast food restaurants with drive thru service such as Wendy's. The C-5 district is similar to the C-3 zoning district in that it also allows uses that serve a large market area and allows various retail uses, but it is intended primarily to serve more intense retail and service businesses oriented to the traveling public. In addition to the uses allow in C-3 zoning districts, C-5 zoning allows such uses as boat sales, car washes, equipment sales and rental, recreational vehicle and truck sales and automobile sales. The primary difference between C-5 zoning and C-3 zoning, along with its highway business orientation, is that C-5 allows a number of uses that involve outdoor display and storage such as used car sales, equipment sales and rental and contractor's storage yards. C-3 is designed to accommodate only retail shopping facilities and requires all storage and display of goods to be within an enclosed building. C-3 also allows less lot coverage (40% vs. 50%), less building height (35 ft. vs. 50 ft.) and restricts the amount of paving coverage in the front yard to 60% vs. 100% in C-5, although the City's landscaping regulations do apply to new development in both districts. Consequently, C-3 zoned corridors tend to have a different streetscape appearance than C-5 zoned corridors. XT Application #Z18 -6A Filed by Salina Custard DT, LLC 1 ^1 .. lit 4; + a r w Prescott Arra AV �P 7-1r. r -Re uefs.�rea fir; Crawford St I�:14K R a i FAI Jff4`Fa ith Or �ih k� C1 t`4 . 17 Millwood_Dr,I _�'� d.at ' � •,- � � -��- ��' tai Ma�r. 1i O P cc Mellinger Dr _ l''I 1 inch = 200 feet R-3 1 inch = 200 feet C-1 Prescott Ave till 3 Millwood Dr Manor Rd Mellinger Dr Application #Z18 -6A Filed by Salina Custard DT, LLC R-2 PC -3 C-5 est Area C-5 C-, Application #Z18 -6A Filed by Salina Custard DT, LLC R-3 f C-5 Prescott Ave nor Rd Mellinger Dr 1 inch = 200 feet PC -3 R-2 i Req jest Area PC -3 PC 2 R-7 iilli R-7 Attachment Freddy's - Site Pian - Landscape Plan - Utility Plan - Grading Plan cCa n a) c/) /-CHISEL By FV OWNER REIMOLD PROPERTIES P, 1/2" 1 ORWAN of ON I DEE[ J, 1 2 T E iw v Im"I A w A' 'ALU Wtt It IV IL c 0 +-j U :3 L 0 C) "0 m 0 fn 0 U U 0 bK REI PROPEF 4 Y Wr `-Qli r� r� W F F IllIm- m FS 6 U U m N N � N N W Z a 0 7 Y UJI O 11 iLj a Q z U K c z a0 cr Ld u=i a v W U H o W CL W it itQ 3 V w a D z m a 4 U d p O CLJ r d X Q U m W cr ZT a Q m Q [9 Zcn m � U O 0 Ir CL CL ca a N 40 ri d 2 d U Y = c co CL >1 D Tom`' -D- - A';HfO YM TE ONE r I R NT ll TRACT 4 - DEW BOOK 142 PAGE 407 LEASE UMIrS 13+8. PAa720- 2�a 1 iASHED WH,TE LINE C: m CL 26.77 C. P5 DF I sur-DIDc 275 27.23 E �, -TI I IC, REMOLD PROPERTIES Attachment Freddy's - Building Elevations - Seating Plan 0 4-0 co 0 w tf 0 Z n C- 0 m 00 0 O a q r r i V) iv © w o v�� z wlq Of I z 0 Q w J W 0) c 0 a=+ co w w LU [� c __ -------- NW } i - LIJ L pl��emar#3Z1� I m4. - I` o O 0o n ,ty o z w mo I I �W = I 30M 'D Q LNL NW } i - NW } L pl��emar#3Z1� I m4. - I` o 0o n ,ty o mo I I I L— Q I El -------------------------- 0 V LJ Attachment Freddy's Conceptual Color Renderings (Note: These renderings differ slightly from the black and white building elevations which include more brick, more substantial awnings and a different sign package) feeY it R A LL 3. NEW BUSINESS Public Hearinq Items Quasi -Judicial Matters (3.1) Application #Z18 -6A, filed by Sunset Custard DT, LLC, requesting approval of an amendment to an existing PC -3 (Planned Shopping Center) zoning district and approval of a final site development plan for a proposed restaurant with an outdoor seating area ^� that exceeds 50% of the capacity of the indoor seating area. The property that is the subject of this application is legally described as a portion of Lots 2, 3 and 5 in the Replat of the West Half of Block 10 in the Riker Addition to the City of Salina, Saline County, Kansas and addressed as 915 East Crawford Street. Mr. Herrs presented the staff report with visual graphics which are contained in today's meeting packet. Commissioner Baffa asked what EIFS (Exterior Insulation and Finish System) is, to which Mr. Herrs answered that it is an insulation product that has a finish that looks a lot like stucco and has a mostly smooth texture. Mr. Herrs continued presenting the staff report with visual graphics contained in today's meeting packet. Vice Chair Olson asked the Commission if there were any questions for staff. Commissioner Baffa asked if there was room for trash pickup and if it would be done during the daytime or evening. Mr. Herrs stated that the location of the trash enclosure is in the southwest corner of the property and there is sufficient room for pickup and drop off. He stated that the proximity to the neighbors is 74 ft. from the south property line. He stated that he is not sure when trash pickup is during the day for this site and stated that the applicant might be able to answer the question. Commissioner Baffa asked if the landscaping buffer on the south end of the site was already in place. Mr. Herrs stated that the next phase of the project will include the extension of the access road behind the proposed building. He referred to an aerial view of the trash enclosure location and explained that the existing trash enclosure for Moka's to the west is in a similar area to the proposed trash enclosure for this site. He also showed the existing landscaping in the landscape buffer located between the shared access road and the adjacent residential properties to the south. The applicant installed the landscaping in Phase I when Moka's was constructed. Commissioner Baffa asked if there was a flooding concern at the intersection of Ohio and Crawford. PLANNING COMMISSION I MINUTES March 2, 2021 Page 2 of 7 Mr. Herrs stated that there are storm water lines in the area. He continued that the proposed development will have landscaping that the previous development did not. Because of the addition of landscaping in the front and rear setback areas there will be less impervious surface than there is now. Mr. Andrew stated that the runoff for this site will not go to the Crawford and Ohio intersection but would be directed north along Lewis to the cutoff channel that is directed to the Smoky Hill River. Commissioner Waters asked how staff determined that the proposed restaurant would not increase traffic along this portion of Crawford Street. Mr. Herrs stated that this was determined by an assumption that they are going from a single restaurant with a drive through to another single restaurant with a drive through. He continued that the circulation and the access to the site will be improved if this proposal is approved. Vice Chair Olson invited the applicant to address the Commission. Chris Hitchcock, JRI Hospitality, representative for the applicant, stated that this prototype of the drive-through with outdoor seating only will be the first in the country for the Freddy's restaurant. They designed this with the help of the Freddy's corporate office. He stated that the differences in the elevations include the addition of brick wainscoting to what is used on new Freddy's Frozen Custard restaurants. The revised elevations also feature more substantial awnings and a different wall sign on the proposed canopy. He stated that the changes are minor, there are no color variations, and most of the changes were made to make the site more aesthetically pleasing. Vice Chair Olson asked if there were any questions of the applicant. Commissioner Baffa asked if there would be any heating elements in the dining area, to which Mr. Hitchcock stated he was unsure at this time. Commissioner Baffa stated that some low grade radiant heat could extend their season. Vice Chair Olson asked Mr. Herrs if there were any members of the public in attendance for public comment on Application #Z18 -6A. Mr. Herrs responded that there were no members of the public in attendance. Mr. Andrew referred to the aerial photo and stated that the rationale behind adding the access road was to have a south access road that ties back to Lewis Street for customers that want to go out of the site in that direction instead of turning onto Crawford Avenue. He continued that the access road will connect to Popeye's which has an existing right -turn only curb -cut out of the site and this new access road will allow customers to get back onto Crawford easier without having to use residential streets. Vice Chair Olson asked if there would be a connection between Freddy's and Moka's in the northwest corner of the Freddy's site. PLANNING COMMISSION I MINUTES March 2, 2021 Page 3 of 7 Mr. Herrs stated that the existing curb cut for Moka's will remain and only one curb cut will remain for the proposed Freddy's site (the eastern curb cut). Vice Chair Olson asked for clarification that customers would be able to exit from the north end of the site onto Crawford from either the Moka's curb cut or the Freddy's curb cut, which Mr. Herrs confirmed. Vice Chair Olson confirmed there were no further comments or questions from members of the public (there were no members of the public in the meeting), closed the public hearing and brought this item back to the Commission for discussion and action. Commissioner Hay asked if the first thing that the Commission would be voting on is an amendment to the PC -3 zoning for the site to allow 100% outdoor dining. Mr. Herrs stated that on page 14 of the staff report there are alternatives and options that give the Commission guidance on how to handle both actions simultaneously. MOTION: Commissioner Hay made a motion to approve the proposedPC-3 modification to eliminate any limitation on the percentage of outdoor dining allowed on this property, effectively allowing the Freddy's restaurant to have 100 percent outdoor dining and to approve the proposed site development plan subject to the conditions listed on pages 15-16 of the staff report SECOND: Commissioner Waters VOTE: Baffa (Yes), Bernhardt (Yes), Gilmore (Yes), Hay (Yes), Olson (Yes), Waters (Yes). Motion carried 6-0. Commissioner Baffa noted that he would like to ensure that native plants are used on the landscaping of this property and that the English Oak is a non-native planting and is overused. • Legislative Matters None Administrative Items (3.2) Application #PDD81-40, filed by Kyle Kippes of Kaw Valley Engineering on behalf of Discount Tire, requesting approval of a final site development plan for a proposed tire store building. The subject property is legally described as Tract 12, Block 1, Amended Final Planned Development District Plan, Central Mall Subdivision, Replat of a Replat of a portion of Meadowlark Acres Addition No. 3 to the City of Salina, Saline County, Kansas and is addressed as 2155 S. 9th Street. This mall outlot is directly north of Chick-Fil-A. PLANNING COMMISSION I MINUTES March 2, 2021 Page 4 of 7 Summary published in The Salina Journal on April , 2021. Posted on the City of Salina website from April to April , 2021. ORDINANCE NUMBER 21-11056 AN ORDINANCE AMENDING ORDINANCE NUMBER 8526, CODIFIED AS CHAPTER 42 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP OF THE CITY OF SALINA, KANSAS BY AMENDING SECTION 4 OF ORDINANCE NUMBER 18-10940; PROVIDING ADDITIONAL CONDITIONS APPLICABLE TO THE SUBJECT PC -3 ZONING DISTRICT; APPROVING A SITE DEVELOPMENT PLAN IN ACCORDANCE WITH SALINA CODE SECTIONS 42-409.1 THROUGH 42-409.21; AND REPEALING EXISTING SECTION 4 OF ORDINANCE NUMBER 18-10940. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. Findings. In relation to the following described real estate: Lots 1, 2, 3, 4 and 5, less the North 3 ft. of Lots 2 and 3, in the Replat of the West Half of Block 10 of the Riker Addition and Lot 6, less a 44 ft. x 5 ft. tract in the southeast corner of Lot 6 and the West 96 ft. of Lots 9 and 10 in the Replat of the East Half of Block 10, Riker Addition to the City of Salina, Saline County, Kansas (the "Property") The Governing Body makes the following findings: By Ordinance Number 18-10940 adopted on second reading on June 11, 2018, the Property was rezoned to PC -3 with development and use of the Property limited to the uses permitted in the C-3 Shopping Center District, subject to the bulk regulations, use limitations and sign regulations applicable to the "C-3" Shopping Center District without modification. 2. Sunset Custard DT, LLC (the "Applicant") proposes to construct a restaurant with 100 percent outdoor dining and no indoor dining on a tract of the Property described as a portion of Lots 2,3 and 5 in the Replat of the West Half of Block 10, Riker Addition to the City of Salina, Saline County, Kansas (the "Site"). 3. Although restaurants are a permitted use in the C-3 district, their outdoor dining areas are limited to no more than 50 percent of their indoor dining areas, prompting the Applicant to request a modification of the use limitation applicable to the Property be modified to allow 100% outdoor dining on the Site. 4. The Planning Commission conducted a public hearing on the Applicant's request to amend the existing PC -3 district and request for final site development plan approval on March 2, 2021. 5. The Planning Commission unanimously recommended approval of the requested modification to the C-3 development limitations to allow 100% outdoor dining, based upon the following findings: (a) As proposed, the outdoor dining area will not have an adverse impact on neighboring properties; (b) The Site was previously zoned C-5 which would have allowed unlimited outdoor dining by right; and (c) The applicant has a specific development plan for the Site. 6. While the City Commission did not reserve deferred site development plan approval pursuant to S.C. Section 42-409.18 in the case of this PC -3 zoning district, for the reason that final approval of the proposed site development plan for the Site was dependent upon modification to the C-3 development limitations to allow 100% outdoor dining by the Governing Body, approval of the site development plan for the Site is deemed to remain within the purview of the Governing Body. 7. The Planning Commission unanimously recommended approval of the proposed sited development plan for the Site based upon its findings outlined in the staff report accompanying consideration of this ordinance. The Governing Body adopts the findings of the Planning Commission as if frilly set forth herein and finds that the site development plan submitted for the Site (Freddy's Frozen Custard restaurant at 916 East Crawford Street) meets the development standards set out in Sec. 42-409.14 of the Salina Code. Section 2. Amendment of Section 4 of Ordinance Number 18-10940. Section 4 of Ordinance Number 18-10940 is amended to read as follows: Section 4. Conditions of Approval. Use of the Property shall be subject to all of the conditions, restrictions, and limitations applicable to the "C-3" Shopping Center District under Ordinance 8526, as amended and as codified in Chapter 42 of the Salina Code. Development of the Property shall be subject to and substantially conform to (a) the Site Development Plan and (b) the following conditions: Zoningdistrict regulations. Development and use of the Property shall be limited to the uses permitted in the "C-3" Shopping Center District and shall be subject to the bulk regulations, use limitations and sign regulations applicable to the "C-3" Shopping Center District, except as enumerated in sub -point 2 below. 2. Modifications. Pursuant to Salina Code Sec. 42-409.7, otherwise applicable district regulations are modified as follows: a. A modification to Section 42-286(2) of the C-3 district use limitations, which limits outdoor patio seating for restaurants to fifty percent (50%) of the size of the indoor eating space, to allow the Freddy's Frozen Custard restaurant to have one hundred percent (100%) of their dining area outdoors. 3. Any conditions imposed as a result of planning commission review and approval of the site development plans on the remaining Property in the district; and 4. No building permits shall be issued for the remaining Property in the district until the site development plan has been approved by the planning commission. 5. Construction of the rear shared access drive connecting the Popeye's site to Lewis Street shall be completed as part of the next phase of development on the remaining Property. Section 3. Site Development Plan Approval. The site development plan for the Site (Freddy's Frozen Custard restaurant) as presented is approved and incorporated as part of this ordinance (the "Site Development Plan"). A copy of Site Development Plan shall be filed in the office of the zoning administrator. Section 4. Additional conditions. Development and use of the Site (Freddy's Frozen Custard restaurant) shall be subject to the following additional conditions: 1. Construction of the rear shared access drive connecting the Popeye's site to Lewis Street shall be completed as part of the Site (Freddy's Frozen Custard restaurant) development. Construction of the access drive shall be completed prior to the issuance of a Certificate of occupancy for the restaurant. 2. Signage shall be limited to one (1) pole or ground sign with a maximum permitted sign area of 120 square feet and a maximum sign height of 30 ft. Facade or wall signs shall be subject to the C-3 sign regulations. 3. All landscaping, sidewalk, circulation, parking, fencing and other improvements shown on the approved site development plan shall be completed prior to occupancy of the building and shall be the responsibility of the applicant. 4. The project shall be completed in substantial conformance with the approved site development plan, landscape plan and associated sign and building elevation drawings which are hereby incorporated by reference. 5. A building permit for this project shall be obtained within 18 months of site plan approval. Section 5. Expiration and Revocation of the Site Development Plan. Pursuant to Salina Code See. 42-409.19, if construction based on a valid building permit has not commenced within the deadline of eighteen (18) months from the date of publication of this ordinance or as extended by the board of commissioners for a specified length of time not to exceed one (1) additional year, the Site Development Plan shall expire and be revoked and no building permits shall be issued in relation to the Freddy's Frozen Custard restaurant site unless and until a new site development plan has been approved by the board of commissioners. Section 6. Repealer. Section 4 of Ordinance No. 18-10940 and all prior ordinances in conflict herewith as they relate to the Property are repealed. The remaining sections of Ordinance No. 18- 10940 remain in effect. Section 7. Summary of ordinance for publication. This ordinance shall be in full force and effect from and after its adoption and publication once by summary in the official city newspaper. Ordinance No. 21-11056 Summary On April 5, 2021, the City Commission passed Ordinance No. 21-11056. The ordinance amends an existing PC -3 Planned Shopping Center District located on the southeast corner of East Crawford Street and Lewis Street to allow a proposed Freddy's Frozen Custard restaurant to have 100% of their seating area outdoors in place of the current limitation on outdoor seating of no more than 50% of their indoor seating. A complete copy of the Ordinance can be found at www.salina-ks.gov or in the office of the City Clerk, 300 W. Ash, free of charge. This summary is certified by the City's legal counsel. Introduced: March 22, 2021 Passed: April 5, 2021 Melissa Rose Hodges, Mayor [SEAL] ATTEST: Cheryl Mermis, Deputy City Clerk The publication summary set forth above is certified this of April, 2021. Greg A. Bengtson, City Attorney