02-05-2018 Minutes CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
February 5,2018
4:00 p.m.
The Study Session of the Board of Commissioners was called to order at 2:30 p.m. for the Fire
w Department Performance Analysis and at 3:30 p.m. in Room 107B, City-County Building for
y Executive Session (legal). Roll call was taken.
Those present and comprising a quorum: Mayor Karl F. Ryan (presiding), Commissioners Trent
aDavis,Joe Hay,Jr. and Melissa Rose Hodges.
Absent: Commissioner Mike Hoppock.
18-0028 Moved by Commissioner Davis, seconded by Commissioner Ryan, to recess into executive session
for 15 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 3:45 p.m. Aye: (4). Nay: (0). Motion carried.
The City Commission recessed into executive session at 3:30 p.m. and reconvened at 3:45
p.m. No action was taken.
The City Commission convened 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., and Melissa Rose Hodges.
Also present: Jason Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson,
City Attorney; and Allison Strait, Deputy City Clerk.
Commissioner Hoppock joined the commission meeting at 4:01 p.m.
Mayor Ryan requested that they switch Item 7.2 - Special Assessment Policy Discussion and Item
7.3 - Recycling Center and Related Fees.
18-0029 Moved by Commissioner Davis, seconded by Commissioner Hodges, to add Item 7.4 - Approve
Resolution No. 18-7523 declaring the necessity and authorizing a survey and descriptions of lands
necessary to be condemned for the location and construction of a water treatment plant to be
located generally at the Southeast Quadrant of South Ohio and East Water Well Road. Aye: (5).
Nay: (0). Motion carried.
AWARDS AND PROCLAMATIONS
(3.1) The month of February 2018 as "Black History Month" in the city of Salina. Gwen
Turner, Parks & Recreation, read the proclamation and announced associated
events.
CITIZENS FORUM
Patrick Harrington, 730 Manchester, stated his concern with the seating arrangement of
Page 1
Commissioner Hodges and Commissioner Hay and the change not being made to the
public.
A citizen thanked Mayor Ryan for his decision on switching the seats to the correct places.
Joan Ratzlaff, Salina, expressed her opinions on discrimination and bullying and that she
took the decision made regarding Commissioner Hodges seating personally. She
commended Commissioner Hodges and requested that the ethics policy regarding this
matter be added to the next agenda.
To
Kathleen Lenders expressed her support for Commissioner Hodges and Ms. Ratzlaff's
comments.
Kaye Crawford stated she'd been following controversy and that she may have some
insight that others may not. She sympathized with Commissioner Hodges and stated the
seating arrangement was tradition among the City Commission. She continued by stating
this issue seemed to be a personality conflict matter rather than a discriminatory matter.
David Norlin, 608 E. Republic, stated his concern regarding the seating arrangement and
the issue with sensitivity on this commission. He also voiced his concerns regarding the
Special Assessment Policy.
Erin Jeffries, 2013 East bank Dr., commended Commissioner Hodges for standing up for
herself. She continued by providing her thoughts regarding the article published in the
Salina Journal on this matter.
Commissioner Hodges requested the comments of Mayor Ryan be included in the minutes.
Mayor Ryan consented to including his comments as stated into the minutes. The City
Commission consented to including the comments of Mayor Ryan as stated.
Mayor Ryan stated: "Before I close the public forum, you know, I've had a number of
emails through both the commission site and personally, pretty much evenly split about the
decisions that were made on this matter. I wish that I wasn't a guy that works 50 hours a
week and I could respond to each one of them personally. I've been called out to make
some kind of statement here, and so I do want to respond to that. And I have been asked to
resign, and I've been asked to apologize. To Commissioner Hodges, regretfully, I do not
have an apology for you. But I have a piece of advice: call me. You could have picked up
the phone at any time and called me to discuss this and you went outside the bounds of the
commission family where the issue should have stayed and been settled. And I think you
got some bad advice from some political allies that are a little too close to you. I call them
the Gang of Three. And I think it's unfortunate that, in order to express your feminist
ideals, you incensed the part of the public that would take fake news wherever it was given
and not check the facts. That was not fair. You mind innocent minds probably and
unfortunately have had sexism affect some part of their lives important fuel to their feelings
without regard to me, my wife, my girls, this commission or the city. To ignite anger in the
Salina public. All you had to do was call me, and you would have known that the decision
to change the seating was made late Wednesday afternoon and communicated to the city
clerk first thing Thursday so that the seating chart everyone received last Thursday
afternoon showed plainly that you were seated where you wanted to be. Instead, I believe
111 that you published anyway your Facebook video and it was quite elaborate, the production
I'm sure produced by Mr. Householter and directed by Mr. Blanchard. And I'm just very
disappointed that it had to be, had to be that way. I'd like to apologize to the staff that has
spent a great deal of time babysitting us,figuring out what was actually said,where, and
Page 2
by whom, and I hope that I did not exacerbate that side of things. I'm confident that
everyone in the room will relate that to Mrs. Hodges that I was polite and never
derogatory. My fellow other commissioners, I'd like to apologize that we could not keep
this matter where it belonged,right up here in our commission family. In my opinion, we
were not given the chance, and as commissioners, we are all bound by our duty to work
together, cooperate together and not put our self-interest above the public trust and the
interests of the city. Commissioner Blanchard committed this error in attempting to affect
N the last election and was reprimanded by this commission. In my opinion, Commissioner
Hodges has gone outside her commission responsibilities to that side of self-interest as
well. I also have to express my disappointment at the appetite of the public to consume
fake news that surrounds us, and for those that accept it at face value and do not check
their facts or seek out the story on the other side. We're in a world now where trust and
integrity are dissolving. People: please think twice when someone pushes your buttons
and uses your trust in them inappropriately. To the general public: how do I encourage
you to offer your service to this city or any public entity when we have smear forces that
gratuitously and selfishly attack one's lifelong effort to build a reputation,a family,and a
business? To make Salina great, we need to encourage our finest to seek these offices so that
the voting public can decide. And finally, I'm especially disappointed and apologize to all
the young people and young feminists for the example that this has set for them. Itis right
to advocate your views. It is wrong to lie and use disinformation to smear anyone.
Getting what you want by contrivance is not the lesson that I want my daughters to have
and not--and to consider using to get their way."
We'll move on now,to the next part of the agenda.
Mayor Ryan closed the open forum.
Commission Hodges requested she have an opportunity to speak on this matter in Other
Business at the end of the meeting.
A conversation ensued between Mayor Ryan and Commissioner Hodges.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of January 22, 2018.
(6.2) Authorize relocation and installation of a radio repeater to 10744 W. Water Well
Road with Ka-Comm, Inc. in the amount of $7,807 and approve Resolution No. 18-
7519 authorizing a five year lease agreement with American Tower for a monthly
rate of 5450 with a 3.5% annual increase.
(6.3) Authorize the mayor to enter into an agreement with Kansas Wesleyan University
for the construction of limited track and field facilities to be located in Bondy Field
at Sunset Park.
(6.4) Adopt the 2018 Business Plan for Tony's Pizza Events Center.
Commissioner Hodges requested that Item 6.4 be removed from the consent agenda.
Page 3
18-0030 Moved by Commissioner Hodges, seconded by Commissioner Davis, to approve the consent
agenda items 6.1, 6.2 and 6.3. Aye: (5). Nay: (0). Motion carried.
(6.1) Adopt the 2018 Business Plan for Tony's Pizza Events Center.
Commissioner Hodges asked what the target subsidies were and target operating margin
and asked that they shed some light on the figures received in the packet. Jason Gage, City
Manager, explained the subsidies were as high as $800,000 to$1,000,000.
N
Commissioner Hodges thanked Global Spectrum and asked if we would get below the
$500,000. Steve Lucci, Global Spectrum, explained they are trying to get the budget below
0
that number. He continued by explaining different events going on in the facility.
18-0031 Moved by Commissioner Hodges, seconded by Commissioner Hay, to adopt the 2018 Business
Plan for Tony's Pizza Events Center. Ave: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Approve Resolution No. 18-7518 expressing local support for the nomination of the
Norton Apartments, located at 1111 and 1115 East Iron Avenue, to the National
Register of Historic Places and Register of Historic Kansas Places.
Dean Andrew, Director of Planning, explained the nomination, incentives, eligible criteria
and action options.
Commissioner Hay asked if the owner planned on keeping both buildings as apartments or
if they would turn them into office space. Mr. Andrew stated they would be for residential
use only and stated the owner was restoring them back to the original floor plan and would
be adding parking spaces in a lot next to it for residents.
A conversation ensued between Commissioner Davis and Mr. Andrew regarding
requirements to remain on the register and the historic value of the buildings.
Commissioner Hodges stated she was an owner of a national historic property and
understood there was a great supply of documents needed before and after a project was
done on a historic property.
Commissioner Davis asked what the market plan was on the buildings after the restoration.
Mr. Andrew stated the market plan was to retain the wood floors, modernize and improve
weatherization, and rehabilitate them up to code.
Lauren Driscoll, Director of Community & Development Services, stated there was a need
to add housing, especially on the rental side and expressed the importance of keeping these
buildings historic.
Commissioner Davis asked if the owner would be seeking low income tax credit. Mr.
Andrew replied that staff did not have any indication that the property owner was seeking
low income house tax credit, but would be seeking historic tax credit.
A conversation ensued between Ms. Driscoll and Commissioner Davis regarding the
upkeep and maintenance of the property.
Jason Gage, City Manager, added that this provides an opportunity that these buildings
wouldn't get otherwise.
Mayor Ryan asked if these buildings could be removed off of the registry once they were
Page 4
completed. Mr. Andrew stated they could be removed if the buildings didn't stay up to
code. Ms. Driscoll added that it was a long process, but could be done if needed.
A conversation ensued between Ms. Driscoll and Mr. Gage regarding the penalties for
having the buildings removed from the list.
Patrick Harrington, 703 Manchester, stated that the intent of the property was clear and
expressed his concern of the harmful things that will need to be removed from the
y buildings. He added that he believed it to be more beneficial to knock down the buildings.
Commissioner Hoppock stated that the owner had done a wonderful job with other
buildings around town and believed the Norton Apartments will be a great upgrade.
Commissioner Hodges stated the property owner, Mr. Richardson, had a great reputation
and explained various projects he'd completed. She continued by thanking Ms. Spencer on
completing the national register application as well as John Burger and the Heritage
Commission for their time on this topic.
18-0032 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to concur with the
recommendation of the Salina Heritage Commission finding that the Norton Apartments meets the
applicable Criteria of Eligibility for nomination to the National Register of Historic Places and
direct staff to submit a resolution of support to the State Historic Preservation Office
recommending the historic listing. Aye: (5). Nay: (0). Motion carried.
(7.3) Recycling Center e Related Fees.
(7.3a) First reading Ordinance No. 18-10919 relating to a City Recycling Center and
providing for the levying of charges.
(7.3b) Resolution No. 18-7522 authorizing the Mayor to sign a lease agreement
with KMJJM, L.L.C. for a building to be used as a recycling center.
Jim Kowach, Director of Public Works, stated that this was a last minute addition as they
just finalized negotiations earlier this afternoon. He continued by explaining the proposed
location, the need for a recycling center, fiscal impact and action options. He then presented
a slide presentation on the different aspects of the proposed drive-thru recycling center.
Commissioner Hodges asked if we eliminate the curbside recycling at individual homes
and lose that revenue, would it still cost the proposed $0.94 per month per household. Mr.
Kowach stated yes, and added that this plan was more cost effective than the current
recycling program or other proposed programs.
Commissioner Hay stated his concern with people not being able to take it down to the
facility and that they may end up just throwing it all away in their regular trash.
Commissioner Hoppock asked if this discussion would continue at the next meeting. Mr.
Kowach stated yes.
Mayor Ryan asked why the current recycling program only allowed for 900 households.
Mr. Kowach stated that 900 was the capacity of their current truck. Jason Gage, City
Manager, added that it was possible to increase capacity by adding another truck, but they
wanted to compare the current recycling program to their new proposed program.
A conversation ensued between Mayor Ryan and Mr. Kowach between the different
recycling options and the concerns of each option.
Page 5
Commissioner Hoppock asked how they would monitor whether they were city residents
or not. Mr. Kowach stated that they won't check ID's, but as long as they don't have a
vehicle tag from another state, they would accept. Commissioner Hoppock then added the
importance of working with the county on this matter.
z
Commissioner Davis asked if someone without a vehicle could be accommodated. Mr.
Kowach replied that they want to discourage walk-up traffic due to safety concerns.
Commissioner Davis then asked what the estimated time would be to get through the line,
especially on a Saturday. Mr. Kowach stated they didn't have an estimated time, but they
did know the area around the facility could handle a half a dozen vehicles at a time. He
0 continued to add that they didn't expect much traffic and that 5-10 minutes would be ideal.
Mr. Gage added his comments on the estimated time it would take for each vehicle.
A conversation ensued between Commissioner Hoppock and Mr. Kowach regarding the
$0.94 charge for businesses and residents.
Commissioner Hoppock asked if North Street was paved. Mr. Kowach stated yes.
Commissioner Hodges asked how long we can get by with the existing fleet of trucks. Mr.
Kowach stated they would use current back-up vehicles and added that it wasn't
uncommon to have one truck down at a time.
A conversation ensued between Commissioner Hoppock, Mr. Kowach and Mr. Gage
regarding the trucks and their routes to Hutchinson and having to move the recycling
trucks every night.
Joan Razlaff, Salina, asked for clarification on the trips and costs associated with Salina
Waste Systems/Landfill. Mr. Kowach stated they did a comparison between them and the
Hutchinson facility.
Commissioner Davis asked how the Landfill was involved. Mr. Kowach stated they have a
certified scale they can use. Mr. Gage added they use it for volume calculation purposes.
Mary Mertz, Salina, stated she was currently on the Solid Waste Management Committee
and thanked the staff for their work in such a short amount of time. She added that this was
a temporary solution and agreed it was a great option she was in favor of.
Mr. Kowach stated that staff was disappointed in the amount of work still needed,.but that
they wanted to do it right the first time.
A conversation ensued between Mayor Ryan and Mr. Kowach regarding the environmental
investigations and future liability.
Commissioner Hodges asked for an estimated time on when the facility will be available
for use. Mr. Kowach stated that staff was hoping to have it available May 1.
A conversation ensued between Commissioner Hoppock and Mr. Gage over starting the
lease before the environmental investigations are complete.
Ken Reitz, Images Recycling, stated that his business didn't close, but that they have
refused drop-off from residents and only pick up at businesses and schools. He continued
to state his concern with adding the fee to each water customer account.
Ms. Mertz stated her concern in regards to the anticipated participation compared to actual
participation with residents.
Page 6
Greg Bengtson, City Attorney, explained the proposed site layout.
Aaron Martin, Clark, Mize and Linville, explained the lease, lease terms and needed
improvements.
A conversation ensued between Commissioner Hay and Mr. Bengtson regarding the
property.
A conversation ensued between Commissioner Hoppock and Mr. Martin regarding section
5.2 of the agreement and the need for added clarification in that section.
15, Mr. Bengtson added that there was a detail in the resolution that could be changed if the
commission wished to delegate authority to the city manager regarding the environmental
options. Mr. Gage added that this would allow him to ensure conditions in Section 2 were
fulfilled before executing terms of the lease.
18-0033 Moved by Commissioner Hodges, seconded by Commissioner Hay, to pass Ordinance No. 18-
10919 approving fee assessment for the proposed City of Salina Drive-thru Recycling Center on
first reading. Aye: (5). Nay: (0). Motion carried.
Mr. Bengtson stated that the fees won't be effective until after second reading and
publication.
A conversation ensued between Commissioner Hodges and Mr. Gage regarding the
timeline between first and second reading.
Mr. Kowach stated that the survey sent out to the community showed that the community
was in favor of a recycling center, but that they didn't want to pay a big fee. He continued
by suggesting the commission wait to assess the fee until they receive public feedback on
the request.
18-0034 Moved by Commissioner Hodges, seconded by Commissioner Hay, to approve Resolution No. 18-
7522 to authorize the City Manager to enter into a lease agreement for the proposed City of Salina
Drive-Thru Recycling Center contingent upon Phase I and Phase II Environmental Investigations
reflecting the authority of the City Manager to address the results of the site investigations. Aye:
(5). Nay: (0). Motion Carried.
Mayor Ryan requested a 12 minute recess.
The City Commission recessed at 6:28 p.m. and reconvened at 6:40 p.m.
Mr. Gage stated the County Planning Commission started at 7:00 p.m. and recommended
the commission move Item 7.4 and 8.1 ahead of Item 7.2 due to them being action items.
(7.4) Approve Resolution No. 18-7523 declaring the necessity and authorizing a survey
and descriptions of lands necessary to be condemned for the location and
construction of a water treatment plant to be located generally at the Southeast
Quadrant of South Ohio Street and East Water Well Road.
Greg Bengtson, City Attorney, explained the property and action options.
18-0035 Moved by Commissioner Hay, seconded by Commissioner Davis, to approve Resolution No. 18-
7523 declaring the necessity and authorizing a survey and descriptions of lands necessary to be
condemned for the location and construction of a water treatment plant to be located generally at
the Southeast Quadrant of South Ohio Street and East Water Well Road. Aye: (5). Nay: (0).
Motion carried.
Page 7
DEVELOPMENT BUSINESS
(8.1) Consider acceptance of proposed public drainage easement dedications in the replat
of a portion of the Loyd Addition No. 2 on West Diamond Drive.
Commissioner Hoppock recused himself due to a commitment outstanding with the
property.
Dean Andrew, Director of Planning, explained the request, street access, public utilities and
services, easements and dedications, special assessments, Planning Commission action and
action options.
0
Commissioner Hay asked what the property would be used for. Mr. Andrew stated there
were no interested buyers, but that they went on to split the property into two lots. He
went on to explain what was allowed in the C-5 zoning for this property.
18-0036 Moved by Commissioner Hay, seconded by Commissioner Davis, to accept the offered easement
dedications and authorizing the Mayor to sign the final plat of Loyd Addition No. 2, located on
West Diamond Drive. Aye: (4). Nay: (0). Motion carried.
A representative of OSTS, LLC thanked city staff for their work on this. He continued by
stating they may have some activity on the property and they looked forward to working
on it.
Commissioner Hoppock returned.
(7.2) Discussion on Special Assessment Policy.
Commissioner Davis stated he believed the policy was rushed with the last commission
and felt this was more suited for a study session discussion. Jason Gage, City Manager,
suggested they take public comment at this time to later help with the discussion.
Commissioner Hoppock stated his comments regarding making the item a study session.
Mayor Ryan opened for public comment and stated he wasn't opposed to another study
session.
Todd Welsh, 221 S. Morris Dr., stated he wanted city staff to allow developers to meet with
them prior to the study session. The Commission agreed with Mr. Welsh.
Joan Ratzlaff, Salina, stated her concerns on extending our city boundaries and the
population not keeping up with those boundaries. She continued by asking the commission
to account for future costs of extending our boundaries of Salina.
Patrick Harrington, 730 Manchester, stated his concerns regarding the Special Assessment
Policy.
Mayor Ryan asked on a proposed date for the study session. Mr. Gage stated they will look
at the calendar and get it scheduled after meeting with the developers.
OTHER BUSINESS
Commissioner Hodges requested a breakdown of where the teams came from for the
MAYB Basketball Tournament held at the Fieldhouse, the economic impact and expressed
the need for having this information for STAR Bond reporting purposes. She also requested
operating subsidies for the Fieldhouse. Mr. Gage stated they will get her the team locations
as well as the year end 2017 estimate and projections for 2018.
Page 8
Commissioner Hodges then added her comments regarding the seating arrangement and
the lack of action when discussing with Mayor Ryan.
Commissioner Hoppock stated that some commissioners did not receive emails regarding
the seating arrangement issue due to server issues. He added the need for a policy
2
regarding this issue and any other issues regarding the appointing of board members, but
W didn't see a need for an ethics policy discussion over the seating arrangement as it wasn't a
policy within the commission.
Commissioner Hodges asked that they add a future agenda item relating to the seating
77, policy and any other issues with appointing board members and city commission
members.
(9.1) Request for executive session (legal).
18-0037 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to recess into executive
session for 45 minutes to review discretionary aspects of open records request 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 7:55 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 7:10 p.m. and reconvened at 7:55
p.m. No action was taken.
18-0038 Moved by Commissioner Davis, seconded by Commissioner Hodges, to extend the current
executive session for an additional 20 minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 7:55 p.m. and reconvened at 8:15
p.m. No action was taken.
18-0039 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to extend the current
executive session for an additional 20 minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 8:15 p.m. and reconvened at 8:35
p.m. No action was taken.
ADJOURNMENT
18-0040 Moved by Commissioner Hay, 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 8:35 p.m.
g.)"-"A-7) fv4
[SEAL] Trent W. Davis, M.D., Vice-Mayor
ATTEST:
MWSn/
�l/ � S
Shandi Wicks, CMC,City Clerk
Page 9