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
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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
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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
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$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.
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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.
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(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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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