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01-22-2018 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS January 22,2018 4:00 p.m. The City Commission convened at 2:30 p.m. for the Continuous Process Improvement (CPI) Annual Report, at 3:30 for the Lower Smoky Hill Water Supply Access District 1st Quarter Board Meeting 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. Roll call was taken followed by the Pledge of Allegiance and a moment of silence. Those present and comprising a quorum: Mayor Karl F. Ryan (presiding), Commissioners Trent Davis,Joe Hay,Jr., Melissa Rose Hodges, and Mike Hoppock. Also present: Jason Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. AWARDS AND PROCLAMATIONS None. CITIZENS FORUM None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on an application for a constitutional economic development tax exemption filed by the Salina Economic Development Corporation requesting a property tax exemption for the Bulk Solids Innovation Center located at 607 N. Front Street (continued from the September 25, 2017 meeting). (5.1a) Approve Resolution No. 18-7517. Mayor Ryan opened the public hearing. Dean Andrew, Director of Planning, explained the original request, the letter received to withdraw the request and the needed motion. Commissioner Hodges asked if there was any indication why the application was withdrawn. Mr. Andrew stated he was advised there was an alternative option for a tax exemption on the property. Greg Bengtson, City Attorney', stated with further clarification through Saline County and the Board of Tax Appeals there was a valid basis for a permanent ongoing tax exemption. There being no further comments the public hearing was closed. 18-014 Moved by Commissioner Hay, seconded by Commissioner Hodges, to adopt Resolution No. 18- 7517 formerly acknowledging the Commission's acceptance of the withdrawal of the Salina Economic Development Corporation's application for a property tax exemption for the Bulk Solids Innovation Center. Aye: (5). Nay: (0). Motion carried. Page 1 CONSENT AGENDA (6.1) Approve the minutes of January 8, 2018. (6.2) Approve the minutes of January 12, 2018. (6.3) Award contract for the 2018 Pavement Sealing, Project No. 80001, to APAC-Kansas, Inc., Shears Division of Salina in the amount of $325,000 with no construction contingency. (6.4) Authorize Amendment No. 4 to the Loan Agreement between Kansas Department of Health and Environment, acting on behalf of the State of Kansas, and Salina, Kansas for the purpose of financing improvements to the City's water distribution system. (6.5) Authorize the Mayor to approve Supplemental Agreement No. 6 amending The Dragun Corporation costs from $7,096,000 to $7,145,000 and Sub-consultant costs from$2,441,000 to$2,490,000. Commissioner Hodges requested that Item 6.3 & 6.5 be removed from the consent agenda. 18-015 Moved by Commissioner Hodges, seconded by Commissioner Davis, to approve the consent agenda items 6.1,6.2 and 6.4. Aye: (5). Nay: (0). Motion carried. (6.3) Award contract for the 2018 Pavement Sealing, Project No. 80001, to APAC-Kansas, Inc., Shears Division of Salina in the amount of $325,000 with no construction contingency. Commissioner Commissioner Hodges asked for clarification on the project locations and asked how the locations were determined. Dan Stack, City Engineer, stated typically an entire street was done but the locations were determined by subdivisions. He continued by stating there were sections of streets that were concrete but staff could look at Morrison specifically and see why there was only a portion of the street that was included in the project. Commissioner Hodges asked if the streets within the newer subdivisions had been treated before. Mr. Stack stated most of the streets in the newer subdivisions had not been treated in the past or had severe cracks and were treated at least once prior to this repair. 18-016 Moved by Commissioner Hodges, seconded by Commissioner Hay, to award contract for the 2018 Pavement Sealing, Project No. 80001, to APAC-Kansas, Inc., Shears Division of Salina in the amount of$325,000 with no construction contingency. Aye: (5). Nay: (0). Motion carried. (6.5) Authorize the Mayor to approve Supplemental Agreement No. 6 amending The Dragun Corporation costs from $7,096,000 to $7,145,000 and Sub-consultant costs from$2,441,000 to $2,490,000. Commissioner Hodges asked for an update on the contingency fund. Martha Tasker, Director of Utilities, explained the individual items within the contingency fund noting that a portion of the funds used would be repaid by the United States Government. She continued to state the amount currently used was$115,000. Commissioner Hodges asked how the new contaminate testing would affect the timeline of the project. Ms. Tasker stated there would need to be a risk assessment Page 2 to determine the stages of remediation. She continued by stating the project was a couple months longer than the original timeframe. A conversation ensued between Commissioner Hodges, Ms. Tasker, Jason Gage, City Manager, and Greg Bengtson, City Attorney, regarding the timing and negotiations of the remedial investigation report. 18-01`_7 Moved by Commissioner Davis, seconded by Commissioner Hodges, to authorize the Mayor to approve Supplemental Agreement No. 6 amending The Dragun Corporation costs from $7,096,000 to $7,145,000 and Sub-consultant costs from $2,441,000 to $2,490,000. Ave: (5). Nay: (0). Motion carried. U ADMINISTRATION (7.1) Resolution No. 18-7515 authorizing contract for professional services from TUSA to design and propose two alternatives for a countywide UHF P-25 radio system, assist with the bid process, and coordinate implementation of the chosen system on a time and materials basis in the amount not to exceed $187,900. Wayne Pruitt, Police Department Director of Emergency Communications, explained the project, bid process, fiscal impact and action options. Mayor Ryan asked when the assessment would be completed. Mr. Pruitt stated the services would begin in February and be completed in the second quarter of 2018. Commissioner Davis asked when the funds would be available for the project. Jason Gage, City Manager, stated there was an option to amend the capital improvement plan and there could be a need for debt issuance depending on the options received upon completion of the contract. Commissioner Hoppock provided his thoughts on the contract, the need for multiple options and coordination with Saline County. Mr. Pruitt stated Hannah Stambaugh, Director of Emergency Management, had taken the same agenda item to Saline County. Commissioner Hodges asked if there was a way to withhold funds until the system was up and running. Mr. Gage stated the final phase was an implementation phase and would assist the City of Salina with implementation of the system. Commissioner Hodges provided her thoughts on the project. Commissioner Hay asked if the project cost would be shared. Mr. Pruitt stated the funds would come from the 911 funds. Commissioner Davis asked what services TUSA provided and if they had any relationship with the radio system vendors. Mr. Pruitt stated TUSA was an architect that would provide information on the current system and the options available for a new system. Judy Larson, Salina, provided her thoughts on the need for continued services to the citizens. Mr. Gage provided information on the current radio system. Mr. Pruitt stated there was an upgrade to the current system in December 2017 that would enhance the system and the ability to serve the citizens had increased since the update. Commissioner Davis asked if there were calls that had been missed. Mr. Pruitt stated no calls were missed but the current system is no longer supported and no longer had a warranty. He continued to state there were radio dead spots in the county and in buildings which was why there was a need for a new radio system. Page 3 18-018 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to adopt Resolution No. 18- 7515 authorizing contract for professional services from TUSA to design and propose two alternatives for a countywide UHF P-25 radio system, assist with the bid process, and coordinate implementation of the chosen system on a time and materials basis in the amount not to exceed $187,900. Aye: (5). Nay: (0). Motion carried. z (7.2) Resolution No. 18-7514 adopting the coordination agreement regarding Salina N Fieldhouse activities between the City of Salina and the Salina Family YMCA. Jason Gage, City Manager, explained the agreement, fiscal impact and action options. He continued to provide information regarding past actions on the item. Commissioner Hodges asked what a resolution expressed as a Governing Body. Greg Bengtson, City Attorney, stated the original resolution served as a purpose of the whole effort of the public/private partnership for the Downtown Fieldhouse. A conversation ensued between Commissioner Hodges and Mr. Gage regarding the status of the general provisions of Resolution No. 14-7146, future coordination agreements for the Salina Fieldhouse and current coordination agreements the City of Salina had with other entities. Commissioner Hodges asked if there had been a policy developed for future development agreements. Mr. Gage stated if there was a formal organization a development agreement should have been created. Mr. Bengtson stated resolutions come in infinite number of resolutions and in multiple forms and was of temporary nature. He continued by stating the project was so complex and was moving ahead intensely that he did not think there would be a chance to pin down the details as the project was moving forward. Mr. Gage provided information on the public/private relationship and stated the only portion of the general provisions that did not go as planned was the operating deficits for the first three (3) years and staff was able to come up with a different plan to cover the deficits. Michael Schrage, Deputy City Manager, stated the private funds were provided as cash in hand. Commissioner Hodges asked for additional information on the Parks & Recreation Revenue and Pricing Policy. Chris Cotten, Director of Parks & Recreation, stated part of the policy was to create a cost recovery goal for new facilities before they were built and require engineers to design to that operational goal. Mr. Cotten continued by stating there was a goal created that staff was following. A conversation continued to ensue between Commissioner Hodges, Mr. Gage and Mr. Cotten regarding the cost recovery and operational goals of the facility. Commissioner Hodges asked if staff initiated the agreement before us today. Mr. Gage stated the conversations had been going on for some time but staff had created the agreement. Commissioner Hodges provided her thoughts on the approval of Resolution No. 14-7146 and the general provisions within the resolution. Mr. Gage stated the resolution would transcend the city manager if he would leave and provide a courtesy. Mr. Bengtson stated at the time of the adoption of the resolution in 2014, he thought the Page 4 resolution was as representative of the situation at the time and stated there was every intention to create a development agreement. Commissioner Hay provided his thoughts on the project and the coordination agreement and asked if talks would continue with the other entities on the future of the Fieldhouse to- and the services provided. Mr. Gage stated a portion of the agreement recited the goals and objectives of the facility. N Commissioner Davis asked if the agreement was exclusive between the two parties listed and asked if new leagues were created would they be allowed to use the facility due to the YMCA agreement. Mr. Gage stated the agreement would lead to additional conversations for future coordination opportunities. Commissioner Davis also provided his thoughts on the details within the agreement. A conversation ensued between the Commission and Mr. Gage regarding the details within the agreement. Commissioner Hoppock asked if there was a chance to get a list of activities that are available at the Fieldhouse. Mr. Cotten provided the commission with the calendar of the facility from December 2017 through April 2018. Angie Lassley, President and CEO of the Salina Family YMCA, provided information on the conversations on the establishment of the Salina Fieldhouse and coordination of activities in the future at the Salina Fieldhouse. Pat Beatty, 204 S. Santa Fe, stated there were a lot of conversations from the beginning of the establishment of the Salina Fieldhouse. He continued_by stating that the YMCA was involved in the process from the beginning and continued to provide information on the process of the creation of the Salina Fieldhouse and the future of the facility. Commissioner Hoppock asked if there would currently be a conflict of activities at the Salina Fieldhouse. Ms. Lassley stated there were a couple of things that came up that took the YMCA off guard but they were addressed quickly. Mark Speer, Past YMCA Board of Director and Board Member, provided his thoughts on the agreement and hoped the intent of the Salina Fieldhouse would remain the same and cooperation and the collaboration on the fieldhouse needed to work. Greg Farris, representing Genesis Health Club, stated the resolution today would require a binding contract and asked the commission to look carefully at the contract contents and asked the Governing Body to delay the agenda item and bring it back with a new agreement with YMCA and Genesis Health Club. Commissioner Hodges asked if there was cooperative programming with Genesis Health Club at this time. Mr. Farris stated yes in the past there had been some cooperative programming. Steve Johnson, 115 Mt. Barbara, provided his thoughts on the services offered at the YMCA for his family and asked the Governing Body to adopt the resolution. Ms. Lassley provided information on the YMCA, the services offered by the YMCA and the financial subsidies. Commissioner Davis asked if it was a defacto contract before the Governing Body today. Mr. Bengtson stated the objective of the agreement was to include the relations and the goals and the objectives of the operation and programming of the facility. He continued by Page 5 stating the agreement was to express the intent of the Governing Body of the goals and objectives of the operation and programming of the facility. Commissioner Davis provided his thoughts on the agreement. A conversation ensued between the Commission and Mr. Gage regarding the agreement. Commissioner Hoppock provided his thoughts on the agreement and the effects on other entities in Salina. A conversation continued to ensue between the Commission and Mr. Gage regarding the agreement. Mayor Ryan provided his thoughts on the agreement. Ms. Lassley stated the intent went both ways, both parties were signing the agreement. Commissioner Hodges asked if this was the first step of privatizing the recreational programs. Mr. Gage stated the YMCA was provided a chance to operate the Salina Fieldhouse and stated it would be up to future commissions to decide to privatize the recreational programs. He continued by stating it made sense to keep the recreational programs with the City of Salina. Commissioner Davis provided his thoughts on the contents of the agreement. Mr. Bengtson stated there were a number of comments made that would affect the draft agreement and asked if it was helpful to add an element to address the objectives of the private contributors. A conversation ensued between the Commission, Mr. Gage and Mr. Bengtson regarding the contents of lb within the agreement and the effects to the YMCA. 18-019 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to adopt Resolution No. 18- 7514 adopting the coordination agreement regarding Salina Fieldhouse activities between the City of Salina and the Salina Family YMCA removing paragraph lb under Goals and Objectives. Aye: (5). Nay: (0). Motion carried. The City Commission recessed at 6:44 p.m. for a 7 minute break. The meeting resumed at 6:51 p.m. (7.3) Resolution No. 18-7516 authorizing the Mayor to sign the Engineering Services Agreement with Wilson & Company, Inc., Engineers & Architects for Northbound 9th Street Bridge, Project No. 70021. Dan Stack, City Engineer, explained the agreement, project, fiscal impact and action options. Commissioner Hoppock asked who performed the bridge inspections. Mr. Stack stated the City of Salina has a certified bridge inspector on staff that performed the inspections. 18-020 Moved by Commissioner Hay, seconded by Commissioner Davis, to adopt Resolution No 18-7516 authorizing the Mayor to sign the engineering services agreement with Wilson & Company, Inc., Engineers & Architects for Northbound 9th Street Bridge, Project No. 70021, in the amount of $103,768. Aye: (5). Nay: (0). Motion carried. (7.4) Mayor Board Appointments. Shandi Wicks, City Clerk, announced the following appointments: Paee 6 • Commissioner Davis: Salina Airport Authority and Salina Arts & Humanities Commission. • Commissioner Hay: Parks & Recreation Advisory Board and Convention & Tourism Committee. • Commissioner Hodges: Salina/Saline County Building Authority and North Central Regional Planning Commission (NCRPC). • Commissioner Hoppock: Salina/Saline County Building Authority, Salina Housing Authority and Salina Community Economic Development Organization (SCEDO). • Mayor Ryan: Chamber of Commerce Board and Library Board. Commissioner Hodges stated the North Central Regional Planning Commission (NCRPC) meeting was next Thursday and she would not be able to attend. She continued by asking if someone in staff could attend as she was informed it was the annual meeting of the NCRPC. Lauren Driscoll, Director of Community & Development Services, stated she had three (3) staff members that would be attending and could provide a written update on the meeting and she will provide a verbal update at the next City Commission meeting. DEVELOPMENT BUSINESS (8.1) Application No. PDD18-1/1A, (filed by Mitchell Cogburn), requesting approval of an amendment to an existing Planned Development District to allow a duplex to be converted into three (3) living units on property legally described as Lot 3, Block 1 in the Tolle Subdivision in the City of Salina, Saline County, Kansas and is addressed as 2097-2099 Hageman Avenue. (8.1a) First reading Ordinance No. 18-10917. Dean Andrew, Director of Planning, explained the request, zoning requirements, parking and access, landscaping, drainage, addressing of the units and action options. Commissioner Hay asked for the signage requirement for the addresses. Mr. Andrew stated there would be addressing on both the building and at the street. Commissioner Davis asked for the size of the fire lane. Mr. Andrew stated the plan that was approved originally was for a 15 foot fire lane but staff would work with the owner to increase the lane to 20 foot. Commissioner Hoppock asked if the water and sewer capacity was good with three (3) units. Martha Tasker, Director of Utilities, stated the service capacity was good. Mr. Andrew stated the landlord paid the utility bill for the property. 18-021 Moved by Commissioner Hodges, seconded by Commissioner Davis, to pass Ordinance No. 18- 10917 requesting approval of an amendment to an existing Planned Development District to allow a duplex to be converted into three (3) living units on property legally described as Lot 3, Block 1 in the Tolle Subdivision in the City of Salina, Saline County, Kansas and is addressed as 2097-2099 Hageman Avenue on first reading. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Commissioner Hodges reminded everyone that the Smoky Hill Museum was celebrating Kansas' birthday all week long and was hosting students all week long. Page 7 Commissioner Hay asked for the special assessments to be added to the agenda for February 5, 2018 and would like to discuss a few things. 18-022 Moved by Commissioner Hay, seconded by Commissioner Hoppock, to add special assessments to the agenda for the February 5, 2018 City Commission meeting. Commissioner Hay stated the resolution did not provide information on future special assessments for subdivisions. Jason Gage, City Manager, stated for specials to be applied Ta for off-site improvements, there would be a requirement for a petition to be submitted. A conversation ensued between the Commission, Mr. Gage and Dean Andrew, Director of 8 Planning, regarding future special assessments and the petition requirements. Mayor Ryan stated he would like to re-discuss the benchmarks of the resolution. Commissioner Hodges provided her thoughts on the policy and the re-discussing of the policy. Mayor Ryan called the question to add special assessments to the agenda for February 5, 2018 City Commission meeting. Aye: (4). Nay: (1) Hodges. Motion carried. Jason Gage, City Manager, provided an update on the recycling item and asked if the Commission would be open to a special meeting next week to take action on the recycling item. Commissioner Hoppock stated he was out of the office all next week. The Commission reached a consensus to hold a special meeting if necessary next week. (9.1) Request for executive session (legal). 18-023 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to recess into executive session for 30 minutes to discuss confidential negotiations relating to the acquisition of real estate with legal counsel based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship pursuant to K.S.A. 45- 7319(b)(2). The open meeting will resume in this room at 8:05 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:35 p.m. and reconvened at 8:05 p.m. No action was taken. 18-024 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to extend the current executive session for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 8:05 p.m. and reconvened at 8:20 p.m. No action was taken. 18-025 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to extend the current executive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 8:20 p.m. and reconvened at 8:30 p.m. No action was taken. 18-026 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to extend the current executive session for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 8:30 p.m. and reconvened at 8:45 Page 8 p.m. No action was taken. ADJOURNMENT 18-027 Moved by Commissioner Hoppock, seconded by Commissioner Davis, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting w adjourned at 8:45 p.m. at<LeB Y [SEAL] Karl F. Ryan, Mayor ATTEST: 9ACUACIC RAPS Shandi Wicks, CMC, City Clerk 1 Page 9