Loading...
11-13-2017 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS November 13,2017 4:00 p.m. Z The City Commission convened at 3:00 p.m. for Conceal Carry in Municipal Buildings and at 3:45 p.m. for Citizens Forum. The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City-County Building followed by the Pledge of Allegiance and a moment of silence. Those present and comprising a quorum: Mayor Kaye J. Crawford (presiding),Commissioners Jon Blanchard,Trent Davis, Melissa Rose Hodges, and Karl Ryan. Also present: Jason Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Cindy Beneke, Deputy Finance Director. AWARDS AND PROCLAMATIONS (3.1) The day of November 25, 2017 as "Small Business Saturday" in the city of Salina. Tammy Jarvis, Ad Astra Books and Coffeehouse, read the proclamation. CITIZENS FORUM Joan Ratzlaff of Salina, Kansas, commented on article in Salina Journal regarding gender identity and sexual orientation and wanted to applaud the city for asking city employees for their opinion. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing regarding a Kansas Public Water Supply Loan Fund (KPWSLF) to finance the South Well Field and Water Treatment Plant Project. (5.1a) Adopt Resolution No. 17-7488 authorizing the completion of an application to the Kansas Department of Health and Environment regarding a loan from the Kansas Public Water Supply Loan Fund. Mayor Crawford opened the public hearing. Martha Tasker, Director of Utilities, explained the request,fiscal impact and action options. Commissioner Blanchard asked if the purpose of the project was to serve as backstop for drought protection, what effect of re-watering of the river be on providing additional drought time protections to our water supply. Ms. Tasker responded by stating that re- watering of the river maybe recharge groundwater supply some but the actual shortage fell to the surface water and we have a water right for surface water and water right for wells and initially they were 10 million gallons per day for each and so without surface water we were limited to 10 million gallons per day. With downtown well field improvements, air stripper, and south well field, the goal is to meet majority or all of our demand through ground water by 2050. Commissioner Blanchard asked what projections staff was basing the demand on. Ms. Tasker responded that projections were based on 'h% growth per year in population and looking at industrial growth. Commissioner Blanchard asked what happens if the population does not meet projection and how do we pay for this. Ms. Tasker stated that the Page 1 repay back will be water rates; she also stated that another benefit to adding the south well field would be a safety factor if a natural disaster occurs. Commission Blanchard asked about the staffing of new facility. Ms. Tasker stated minimal new staff would be needed as it would be mostly managed remotely. z There being no further comments the public hearing was closed. 17-0322 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt Resolution No. 17- 7488 authorizing the completion of an application to the Kansas Department of Health and Environment regarding a loan from the Kansas Public Water Supply Loan Fund. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of November 6, 2017. (6.2) Authorize the purchase of a 2016 Ford Explorer from the Kansas Highway Patrol Fleet Vehicle Sales including additional equipment in the amount of$24,500, (6.3) Award of contract for Site Lighting Improvements at the Wastewater Treatment Plant, Project No. 63103, to Precision Electrical Contractors, LLC of Salina, Kansas in the amount of $23,401 (Authorized Amount with 10% Construction Contingency, $25,750). (6.4) Authorize the Mayor to approve Supplemental Agreement No. 5 Amendment and Complete Restatement for Consulting Services amending the Dragun Corporation costs from $7,023,000 to $7,096,000 and Specialty Contractors costs from $2,248,000 to $2,305,000 and Change Order No. 2 for Laboratory Support with ALS Environmental in the amount of $7,755 (Revised Agreement Amount $56,685); Change Order No. 8 for Surveying Support with Wilson and Company, Inc. in the amount of$971 (Revised Agreement Amount $48,303); and Change Order No. 9 for Drilling Support with Environmental Priority Service, Inc. in the amount of $3,580 (Revised Agreement Amount$215,292). Commissioner Hodges requested that Item 6.4 be removed from the consent agenda. 17-0323 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to approve the consent agenda less Item 6.4. Aye: (5). Nay: (0). Motion carried. (6.4) Authorize the Mayor to approve Supplemental Agreement No. 5 Amendment and Complete Restatement for Consulting Services amending the Dragun Corporation costs from $7,023,000 to $7,096,000 and Specialty Contractors costs from $2,248,000 to $2,305,000 and Change Order No. 2 for Laboratory Support with ALS Environmental in the amount of $7,755 (Revised Agreement Amount $56,685); Change Order No. 8 for Surveying Support with Wilson and Company, Inc. in the amount of$971 (Revised Agreement Amount$48,303); and Change Order No. 9 for Drilling Support with Environmental Priority Service, Inc. in the amount of $3,580 (Revised Agreement Amount$215,292). Commissioner Hodges wanted to confirm the project was still on budget with contingency at this point. Ms. Tasker stated the project was still in budget and there was an additional $525,000 that was not charged out due to work performed in house. Jason Gage, City Manager, stated funds left over in this phase will go towards remediation costs in next Page 2 phase. 117-0324 Moved by Commissioner Hodges seconded by Commissioner Davis, to approve Supplemental Agreement No. 5 Amendment and Complete Restatement for Consulting Services amending the Dragun Corporation costs from $7,023,000 to $7,096,000 and Specialty Contractors costs from $2,248,000 to $2,305,000 and Change Order No. 2 for Laboratory Support with ALS Environmental in the amount of$7,755 (Revised Agreement Amount $56,685); Change Order No. 8 for Surveying Support with Wilson and Company, Inc. in the amount of $971 (Revised Agreement Amount N $48,303); and Change Order No. 9 for Drilling Support with Environmental Priority Service, Inc. in = the amount of$3,580 (Revised Agreement Amount$215,292). Aye: (5). Nay: (0). Motion carried. 0 ADMINISTRATION (7.1) Second reading Ordinance No. 17-10908 levying Salina Business Improvement District Number 1 service fees for 2018. Mayor Crawford noted that Ordinance No. 1740908 was passed on first reading on November 6 2017 and since that time no comments have been received. 17-0325 Moved by Commissioner Ryan,seconded by Commissioner Davis, to adopt Ordinance No. 17- 10908 levying Salina Business Improvement District Number 1 service fees for 2018 on second reading. A roll call vote was taken. Aye: (5) Blanchard, Davis, Hodges, Ryan, Crawford. Nay: (0). Motion carried. 1 (7.2) Second reading Ordinance No. 17-10907 amending the Salina Code changing the name of the Lee District back to the Salina Business Improvement District Number 1. Mayor Crawford noted that Ordinance No. 17-10907.was passed on first reading on November 6 2017 and since that time no comments have been received. 17-0326 Moved by Commissioner Davis, seconded by Commissioner Hodges, to adopt Ordinance No. 17- 10907 amending the Salina Code changing the name of the Lee District back to the Salina Business Improvement District Number 1 on second reading. A roll call vote was taken. Aye: (5) Blanchard, Davis, Hodges, Ryan,Crawford. Nay: (0). Motion carried. (7.3) Second reading Ordinance No. 17-10904 approving a text amendment to add indoor shooting ranges to the list of conditional uses allowed in the C-3 (Shopping Center) district, the C-5 (Service Commercial) district, the C-6 (Heavy Commercial) district, • the C-7 (Highway Commercial) district, the I-2 (Light Industrial) district and the I-3 (Heavy Industrial) district. Mayor Crawford noted that Ordinance No. 1740904 was passed on first reading on November 6 2017 and since that time no comments have been received. 17-0327 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt Ordinance No. 17- 10904 approving a text amendment to add indoor shooting ranges to the list of conditional uses 1 allowed in the C-3 (Shopping Center) district, the C-5 (Service Commercial) district, the C-6 (Heavy Commercial) district, the C-7 (Highway Commercial) district, the 1-2 (Light Industrial) district and the 1-3 (Heavy Industrial) district on second reading. A roll call vote was taken. Aye: (5) Blanchard, Davis, Hodges, Ryan,Crawford. Nay: (0). Motion carried. Page 3 (7.4) Second reading Ordinance No. 17-10906 approving an amendment of Section 42-332 and 42-333 of the C-6 (Heavy Commercial) district regulations by removing mini- warehouses from the list of permitted uses in Section 42-332 of the C-6 district regulations and adding mini-warehouses to the list of conditional uses in Section 42- 333 of the C-6 district regulations. n Mayor Crawford noted that Ordinance No. 17-10906 was passed on first reading on November 6 h 2017 and since that time no comments have been received. 9 Commissioner Blanchard asked staff if they had heard from Mr. Joshua Joseph. Michael Schrage, Deputy City Manager, stated he had spoke to Mr. Joseph regarding the offering of the building to city and if he would be able to see financial benefit in some other form. Mr. Schrage was investigating his request and Mr. Joseph was pursuing his options of conditional use permit. 17-0328 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to adopt Ordinance No. 17-10906 approving an amendment of Section 42-332 and 42-333 of the C-6 (Heavy Commercial) district regulations by removing mini-warehouses from the list of permitted uses in Section 42-332 of the C-6 district regulations and adding mini-warehouses to the list of conditional uses in Section 42-333 of the C-6 district regulations on second reading. A roll call vote was taken. Aye: (5) Blanchard, Davis, Hodges, Ryan,Crawford. Nay: (0). Motion carried. (7.5) Second reading Ordinance No. 17-10905 changing the zoning district classification from C-6 (Heavy Commercial) to C-5 (Service Commercial) on property legally described as Lots 1-4, Block 1 of the CKS Addition to the City of Salina, Saline County, Kansas and addressed as 1616 and 1640 West Crawford Street. Mayor Crawford noted that Ordinance No. 17-10905 was passed on first reading on November 6 2017 and since that time no comments have been received. 17-0329 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to adopt Ordinance No. 17-10905 changing the zoning district classification from C-6 (Heavy Commercial) to C-5 (Service Commercial) on property legally described as Lots 1-4, Block 1 of the CKS Addition to the City of Salina, Saline County, Kansas and addressed as 1616 and 1640 West Crawford Street on second reading. A roll call vote was taken. Aye: (5) Blanchard, Davis, Hodges, Ryan, Crawford. Nay: (0). Motion carried. (7.6) Resolution No. 17-7490 authorizing the Mayor to enter into an Agreement with the Department of the Army to provide a Section 1135 Smoky Hill River Aquatic Ecosystem Restoration Feasibility Study for the Smoky Hill River Renewal, Project No. 70014. Martha Tasker, Director of Utilities, explained the request, fiscal impact and action options. Ms. Tasker introduced John Grothaus, Chief of Planning Section with the Corp of Engineers. John Grothaus, Chief of Planning Section with the Corp of Engineers, provided information on the feasibility study agreement. Commissioner Blanchard asked who would be the direct contact with the Corp of Engineers. Mr. Grothaus replied that a team and project manager would be assigned to the city for this project. Page 4 Commissioner Blanchard also asked what the timeline for the project was. Mr. Grothaus stated it was typically a three (3) year project but would be dependent on funds. A conversation ensued between the Commission, Ms. Tasker and Jason Gage, City Manager, regarding the design,working with the public and timeline of the project. Mr. Gage asked if the $350,000 of the city share would come from in-kind. Ms. Tasker stated the specifics had not been worked out yet; the scope of the project would need to be N defined in order to determine costs. Mr. Grothaus stated as the work on the study was done, the Corp of Engineers would be able to provide projections that would be more accurate. Ms. Tasker stated the budget allocation for the study was $50,000 and the entire project would be paid out of the capital improvements program and be refunded through temporary notes. Joan Ratzlaff, Salina, KS, asked about using local contractors to keep dollars at home. Commissioner Blanchard stated the project would go through the normal bid process. Commissioner Hodges stated that she spoke to Jason about a local preference policy. Jason Gage, City Manager, stated the City of Salina did not have a local contractor preference, for large projects many of the subcontractors were local. 17-0330 Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Resolution No. 17- 7490 authorizing the Mayor to enter into an Agreement with the Department of the Army to provide a Section 1135 Smoky Hill River Aquatic Ecosystem Restoration Feasibility Study for the Smoky Hill River Renewal, Project No. 70014. Aye: (5). Nay: (0). Motion carried. (7.7) Authorize the Mayor and City Manager to jointly sign the attached letter communicating to the United States Department of Transportation the City of Salina's preferred airline selection under the Essential Air Service program. Jason Gage, City Manager, briefly explained the request and introduced Tim Rogers, Salina Airport Authority Executive Director. Tim Rogers, Salina Airport Authority Executive Director, explained the request, proposals received, recommendation from the ArkStar Group and action options. Commissioner Blanchard asked if the annual subsidies were a one (1) or two (2) year. Mr. Rogers stated one (1) year. Commissioner Blanchard also asked if non-stop flights hurt the airport but stated with the proposal from SkyWest Airlines the Denver flight would have to stop in Hays. Mr. Rogers stated due to the upgrade and level of service that customers would receive, he did not think the additional stop in Hays would hurt the airport and Salina would become the airport of convenience. Commissioner Blanchard asked if there was any anticipation on an interruption of service with switching air carriers. Mr. Rogers stated it was a financial advantage of Great Lakes Airlines to finish their contract but there would be the possibility for SkyWest Airlines to start if Great Lakes Airlines wished to do so. He continued by stating airport authority would not know the final fly plan until the Department of Transportation reviewed the plan. Commissioner Ryan asked if there could be future flights out of Salina to Texas. Mr. Rogers stated the airport authority was hoping the response was so good that it would open other options. Page 5 Judy Larson, South Tenth Street, provided her thoughts on the flight times and airline selection. 17-0331 Moved by Commissioner Ryan, seconded by Commissioner Davis, to authorize the Mayor and City Manager to jointly sign the attached letter communicating to the United States Department of Transportation the City of Salina's preferred airline selection under the Essential Air Service 0. program. Aye: (5). Nay: (0). Motion carried. (7.8) Resolution No. 17-7489 determining the Advisability and Authorizing Sanitary 79 Sewer Improvements in the vicinity of Markley Road, and costs for such improvements paid by special assessments and benefit fees. Martha Tasker, Director of Utilities, explained the petition received, project, fiscal impact and action options. Commissioner Davis asked if the 89% had significance. Ms. Tasker stated based on square footage, the percentage was used from a feasibility study from 10 years ago, the area for the lift station included all undeveloped area outside the city limits which was part of the 89%. Ms. Tasker continued by stating additional properties that would connect later would pay for the services and continue by paying with the set rate. Commissioner Blanchard asked what determined that temporary notes to be converted to general obligation bonds or the loan fund. Jason Gage, City Manager stated the temporary notes allowed staff to look at all the options and determine what was best. He continued by stating the requirement for using general obligation bonds due to the project being a cost S recovery. Ms. Tasker stated the revolving loan fund was approved last week to be on the list for funds for 2018. Mr. Gage stated bond counsel stated revolving loan funds were an option. 17-0332 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt Resolution No. 17- 7489 determining the Advisability and Authorizing Sanitary Sewer Improvements in the vicinity of Markley Road, and costs for such improvements paid by special assessments and benefit fees. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Commissioner Hodges thanked the fire department for the City Commission Information Memorandum recognizing the fire personnel that went to Houston to give aid after the hurricane. The fire personnel were Training Chief Mark Grosland, Lieutenant Kendall Johnson, Firefighter Tait Walker, Firefighter Chris Stansberry and Fire Inspector Joe Kvacik. Commissioner Hodges also welcomed Joe Hay, Jr. and Mike Hoppock as new city '• commissioners. Mayor Crawford stated that the commission passed a code of ethics policy earlier this year and she felt remiss if she did not pursue the topic; that one of our commissioners violated 1 the public trust of our commission by releasing city commission information that was created with the expectation of confidentiality. Mayor Crawford felt this was motivated by the election. Mayor Crawford further stated that the topic needs to be discussed and the possibility of some action taken. Mayor Crawford cautioned that the items Commissioner Page 6 Blanchard released were created with confidentiality and those should not be mentioned. The subject matter of discussion is not what the breach was but to discuss whether or not to take any action under our ethics policy that was created. The ethics policy was adopted June 19, 2017. The General Ethics Principals that were violated were the following: (a) Place the public trust and interests of the City first and never intentionally act outside the scope of authority prescribed by one's official duties; (e) Do not disclose or use information received in the course of performing one's duties that is to be maintained in confidence (I) by rule, regulation, or directive in the case of an employee, (2) by the intent of the governing body in the case of a governing body member, or (3) by the intent of the applicable board in the case of a member of a board; subject to any legal requirements of the Kansas open records act; A conversation ensued between the Commission, Jason Gage, City Manager, and Greg Bengtson,City Attorney regarding potential violation of the ethics policy. Commissioner Ryan provided his thoughts on the need to add the item to the agenda. 17-0333 Moved by Commissioner Ryan, seconded by Commissioner Davis, to put this on the next agenda acknowledging that Mr. Blanchard acknowledges a violation of our Ethics Conflict of Interest Statement and that we try to hold the conversation to the specifics of that, whether the public trust was violated and the interests of the city were not kept first and that things were disclosed of information received and do not disclose information received in the course of performing ones duties. 17-0334 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to make an amendment to the motion to add actions taken by Commissioner Ryan that are in violation of the state ethics commission as well for non-disclosure of substantial interest and acting on projects outside of the scope of the recusal process. Aye: (2). Nay: (3) Crawford, Davis, Ryan. Motion failed. A conversation continued to ensue between the Commission, Mr. Gage and Mr. Bengtson regarding the potential violation of the ethics policy and the need for an attorney on the matter. Mayor Crawford did not restate the motion but instead referred to Commissioner Ryan's original motion (17-0333). Aye: (5). Nay: (0). Motion carried. (9.1) Request for executive session (legal/personnel). 17-0335 Moved by Commissioner Davis, seconded by Commissioner Hodges, to discuss matter subject to the attorney client privilege with legal counsel pursuant to the attorney-client privileged communications with legal counsel exception, K.S.A. 45-7319(b)(2), for 20 minutes. The open meeting will resume in this room at 7:00 p.m. Greg Bengtson, City Attorney, stated the personnel based executive session was listed on the agenda for today's meeting, as a potential, if the governing body wished to discuss the evaluation of the city manager. He continued by stating his reason for asking was if there would be possible additional action for this executive session. Commissioner Davis stated he would prefer to move the personnel executive session to next week. Mayor Crawford agreed and stated the evaluation was not due until December. The City Commission reached a consensus to move the personnel executive session for discussion of the evaluation of the city manager to the November 27, 2017 meeting. Mayor Crawford called the question. Aye: (5). Nay: (0). Motion carried. Page 7 The City Commission recessed into executive session at 6:40 p.m. and reconvened at 7:00 p.m. No action was taken. 17-036 Moved by Commissioner Ryan, seconded by Commissioner Davis, to extend the current executive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried. 2 n The City Commission recessed into executive session at 7:00 p.m. and reconvened at 7:10 N p.m. No action was taken. 17-0337 Moved by Commissioner Hodges, seconded by Commissioner Crawford, to extend the current a executive session for an additional 20 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:10 p.m. and reconvened at 7:30 p.m. No action was taken. ADJOURNMENT 17-0338 Moved by Commissioner Ryan, seconded by Commissioner Crawford, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 7:30 p.m. [SEAL] a e J.t r. '.rd, Mayor ATTEST: tACUAt ; I,t_)t Shandi Wicks,CMC,City Clerk • 1 Page 8