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03-19-2018 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS March 19, 2018 4:00 p.m. to- The City Commission convened at 2:30 p.m. for the Capital Improvement Program Review 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 Greg Bengtson, City Attorney, stated the motion for the executive session was listed on the agenda based on a question by Ms. Ratzlaff. He continued to state the motion was in conformance with the State statute and staff would put the context of the motion on the agenda if the request for an executive session was known at the time the agenda was created. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of March 12, 2018. (6.2) Approve Resolution No. 18-7536 authorizing the Mayor to execute an agreement with Hooper Sound Productions Services, Inc. to provide sound services at the 2018 Smoky Hill River Festival. 18-0096 Moved by Commissioner Hodges, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 18-10929 amending Section 42-518.2 of the Public Use District sign regulations to amend the limitations on the number and size of signs allowed on secondary (high) school campuses in the city. 111 Mayor Ryan noted that Ordinance No. 18-10929 was passed on first reading on March 12, 2018. Dean Andrew, Director of Planning, stated since first reading, Section 42-518.2 (4) subsections c. and d. have been reformatted to be consistent with the format of subsections a. and b. and pole Page 1 signs. The purpose of the modification is to make it more clear that the 32 sq. ft. maximum size for individual wall signs does not apply to high school campuses. Commissioner Davis asked if the 1 square foot per linear foot regulation pertained to the wall signs. Mr. Andrew stated yes. z 18-0097 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Ordinance No. 18- 10929 amending Section 42-518.2 of the Public Use District sign regulations to amend the limitations on the number and size of signs allowed on secondary (high) school campuses in the city on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried. (7.2) Second reading Ordinance No. 18-10923 authorizing the issuance of Industrial Revenue Bonds for the purpose of providing funds to pay the cost of acquiring, purchasing, constructing, installing and equipping a commercial facility for the benefit of Samys OC, LLC. Commissioner Davis stated there was less discussion on the item for first reading due to the request being included within the development agreement. Jason Gage, City Manager, stated there was an oversight at first reading that the location was included within the development agreement. Commissioner Davis stated the development agreement listed three (3) major projects for issuance of Industrial Revenue Bonds (IRB's) and asked if the meeting had happened between the master developer and the City of Salina. Michael Schrage, Deputy City Manager, stated there were three (3) major projects for issuance of IRB's within the development agreement (the hotel, the Alley Entertainment Center and the car museum) and additional requests could be made under mutual agreement between the master developer and the City of Salina. Commissioner Davis asked why Old Chicago was not included in the development agreement. Mr. Schrage stated the Old Chicago project was not a definitive project at the time the development agreement was being developed. He continued to state the master developer was working out the details of the Old Chicago project at the same time they were working on developing the development agreement. Commissioner Davis provided his thoughts on the request. Mr. Gage provided information pertaining to setting a precedent. A conversation ensued between the Commission, Mr. Gage and Mr. Schrage pertaining to the request and if approving the request would set precedence for the issuance of the incentive. Mr. Schrage stated the IRB issuance would allow for an exemption from the State of Kansas and all applicable entities. He continued to state some of the transferee agreement language integrated to link the projects together. Commissioner Davis asked what the but/for was for this project. Mr. Schrage stated he thought the applicant proceeded on the assumption they would receive the IRB's. A conversation ensued between Commissioner Davis, Mr. Gage and Mr. Schrage regarding the issuance of the IRB's and the development agreement. Page 2 Commissioner Davis asked if the master developer could speak to the but/for for the project. Guy Walker, 500 Graves Blvd. stated he was not sure there was a true but/for and stated the applicant thought the issuance of the bonds was a given. He continued to state there was greater risk of locating a restaurant in downtown Salina versus other areas of = town. He also stated he did not think it was intentional for the Old Chicago piece being removed from the development agreement. Commissioner Hodges asked if the Old Chicago piece was removed from the development N agreement due to tourism pieces included within the agreement. Mr. Gage stated staff could not find a specific note that indicated why Old Chicago was removed from the development agreement. Commissioner Hodges asked when an Industrial Revenue Bond policy could be established. Mr. Gage stated realistically the policy could be created later this year. Mr. Schrage stated Old Chicago was not anticipated to receive any STAR Bond proceeds. Commissioner Hodges asked if other pizza restaurants in downtown Salina had received Industrial Revenue Bonds. Mr. Gage stated not Industrial Revenue Bonds but could have received downtown facade program funds or neighborhood revitalization program funds. Commissioner Hodges asked if staff could put together a list of incentives that had been given in the past. Commissioner Hodges asked if Mr. Walker could provide information on the owner of Samys OC pulling out of the Goddard and insuring the project was not in jeopardy. Mr. Walker stated the owner did not indicate that the project was in jeopardy and there was interior demolition taking place within the location currently. Greg Bengtson, City Attorney, stated it was a neutral matter and the governing body would need to keep in mind to not modify the ordinance drafted by bond counsel but thought the motion needed to include the reasoning on why the request was approved or denied. Mr. Schrage provided information on a conversation with Trace Walker regarding the Old Chicago project being a vital part of the downtown project. Commissioner Hoppock provided his thoughts on the request and past approvals for the downtown project. Mayor Ryan provided his thoughts on the request and the use of Industrial Revenue Bonds. 18-0098 Moved by Commissioner Davis, seconded by Commissioner Hay, to adopt Ordinance No. 18- 10923 authorizing the issuance of Industrial Revenue Bonds for the purpose of providing funds to pay the cost of acquiring, purchasing, constructing, installing and equipping a commercial facility for the benefit of Samys OC, LLC on second reading. A roll call vote was taken. Ave: (4) Davis, Hay, Hoppock, Ryan. Nay: (1) Hodges. Motion carried. (7.3) Resolution No. 18-7538 amending the 2018 Comprehensive Fee Schedule for the City of Salina, Kansas to include 2018 water and wastewater rates. Debbie Pack, Director of Finance and Administration, explained the new rates, fiscal impact and action options. Commissioner Hay asked what would be considered a higher user residential. Martha Tasker, Director of Utilities, stated it was typically a family of more than two (2) people or a family with additional outside use. Page 3 Mayor Ryan asked how the City of Salina compared to other cities. Ms. Tasker stated she could provide that information to the commission but Salina was about average compared to other cities in the area. Commissioner Hodges asked for more information on the additional users in the future and if that would need to be reviewed again. Ms. Pack stated staff had estimated a 2% increase in residences in the city utilizing water service and indicated staff reviewed the rates on a yearly basis. N Commissioner Davis noted that the fees would be effective April 1, 2018. Q 18-0099 Moved by Commissioner Hay, seconded by Commissioner Davis, to adopt Resolution No. 18-7538 amending the 2018 Comprehensive Fee Schedule for the City of Salina, Kansas to include 2018 water and wastewater rates effective April 1, 2018. Aye: (5). Nay: (0). Motion carried. (7.4) Award contract for the abatement (removal) of nuisances related to property maintenance for properties within the city limits of Salina, for a period of April 1, 2018 through March 31, 2019. Lauren Driscoll, Director of Community & Development Services, explained the bids received, services provided, fiscal impact and action options. Commissioner Hoppock asked if staff had used Loux Home Repair for the abatement contract in the past. Ms. Driscoll stated staff had used Loux Home Repair within the last 5 years. 111 Commissioner Hodges provided her thoughts on the request. Mayor Ryan asked why the prior commission decided it was best to not have two (2) contractors for one contract. Ms. Driscoll stated staff thought it would be difficult to split the contract between two (2) contractors to make it fair for both contractors. 18-0100 Moved by Commissioner Davis, seconded by Commissioner Hodges, to award the contract for the abatement (removal) of nuisances related to property maintenance for properties within the city limits of Salina, for a period of April 1, 2018 through March 31, 2019 to Loux Home Repair and authorize the Mayor to sign the contract documents. Aye: (5). Nay: (0). Motion carried. (7.5) Resolution No. 18-7539 amending the current 2018 to 2022 Capital Improvement Program to add projects related to the downtown redevelopment for year 2018. Jason Gage, City Manager, explained the amendment and action options. Commissioner Hodges asked for clarification on the streetscape amounts. Mr. Gage stated the design costs were less than anticipated so the project construction cost was adjusted accordingly. 18-0101 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Resolution No. 18- 7539 amending the current 2018 to 2022 Capital Improvement Program to add projects related to the downtown redevelopment for year 2018. Commissioner Hodges noted that the Department of Commerce committee would be holding meetings on Wednesday and Thursday of this week and information could be found on the state v‘rebsite. Page 4 Mayor Ryan restated the motion to adopt Resolution No. 18-7539 amending the current 2018 to 2022 Capital Improvement Program to add projects related to the downtown redevelopment for year 2018. Ave: (4). Nay: (1) Hodges. Motion carried. (7.6) Resolution No. 18-7537 authorizing the City Manager to enter into an agreement with the Salina Innovation Foundation for the placement of a sculpture on private property. N Commissioner Hoppock stated he was the chairman of the Sculpture Tour Salina and asked if the commission wished for him to recuse himself. Commissioner Hodges indicated that due to the group being a non-profit group, she didn't think there was a need for him to step down. Grace Peterson, Art Services Coordinator, explained the Sculpture Tour, People's Choice winner, placement location, fiscal impact and action options. Commissioner Hodges asked if the City of Salina would still own the piece and maintain the items. Ms. Peterson stated the piece would be owned by the City of Salina and staff would maintain the piece. She continued by stating staff had a company come out to assess the entire line of art pieces and was currently working on the maintenance necessary for the pieces suggested by the hired company. She continued to state staff with help by volunteers cleaned the art pieces twice a year as part of the Spring Spruce-Up and Fall Fix- Up events. 18-0102 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt Resolution No. 18- 7537 authorizing the City Manager to enter into an agreement with the Salina Innovation Foundation for the placement of a sculpture on private property. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Application No. Z18-1, (filed by Curt Robertson on behalf of Nine South Development, LLC.), requesting change in zoning district classification from A-1 (Agricultural) to C-3 (Shopping Center) district on a 9.23 acre tract of land located on the east side of South Ninth Street between the Market Place Apartments and Sam's club and is addressed as 2755 South Ninth Street. (8.1a) First reading Ordinance No. 18-10926. Dean Andrew, Director of Planning, explained the request, conformance with Comprehensive Plan, public utilities and services, Planning Commission recommendation, and action options. Commissioner Davis asked why the Sam's Club property was zoned PC-3. Mr. Andrew stated the property was developed prior to the changes of the Comprehensive Plan. He continued to state if a developer had a specific development proposal the developer could request a Planned Commercial District. He also stated due to the requested location not having a current plan, a Planned Commercial District could not be approved. A conversation ensued between Commissioner Davis and Mr. Andrew regarding the Planned Commercial District zoning use. Commissioner Hodges asked if the Planned Commercial District was typically sought by an anchor tenant. Mr. Andrew stated yes and continued to explain that the anchor tenant Page 5 could have the property zoned as a Planned Commercial District and they would have to approve any other tenants located within the district area. Mr. Andrew continued to explain examples of commercial zoning versus a Planned Commercial District. A conversation continued to ensue between Commissioner Davis, Mr. Andrew and Michael Schrage, Deputy City Manager regarding Planned Commercial Districts being stricter than plain Commercial zoning. Tim Austin, Kaw Valley Engineering, representing Nine South Development, stated the developer was in agreement with staff and the Planning Commission and continued to explain the development of the property. Joan Ratzlaff, Salina, Kansas, provided her thoughts on the zoning of the property and the current waiting list at the Market Place Apartments and the need to fill open spaces in the community that were currently available. • 18-0103 Moved by Commissioner Hay, seconded by Commissioner Hoppock, to pass Ordinance No. 18- 10926 requesting change in zoning district classification from A-1 (Agricultural) to C-3 (Shopping Center) district on a 9.23 acre tract of land located on the east side of South Ninth Street between the Market Place Apartments and Sam's club and is addressed as 2755 South Ninth Street on first reading. Commissioner Hodges noted that the feedback of the neighbors was received in the packet and was duly noted and thought those items could be addressed within the requested zoning application. Mayor Ryan restated the motion to pass Ordinance No. 18-10926 requesting change in zoning district classification from A-1 (Agricultural) to C-3 (Shopping Center) district on a 9.23 acre tract of land located on the east side of South Ninth Street between the Market Place Apartments and Sam's club and is addressed as 2755 South Ninth Street on first reading. Aye: (5). Nay: (0). Motion carried. (8.2) Consider authorizing the Mayor to submit a letter requesting a waiver from a portion of K.A.R. 5A4; Flood Plain Regulation as per K.A.R. 5-44-6 to the Chief Engineer, Division of Water Resources, Kansas Department of Agriculture, requesting a continuation of the City of Salina's exemption which allows new development located in Special Flood Hazard Areas to be elevated to or above the Base (100 year) Flood Elevation (BFE) instead of to one (1) foot above the Base Flood Elevation as required by the State of Kansas Administrative Regulations. Dean Andrew, Director of Planning, explained the request, history of floodplain regulations, Floodplain Management Regulations and action options. Commissioner Davis asked if anything had to happen retroactively for the properties listed on the case study chart included in the packet. Mr. Andrew stated of the 2,107 properties with a LOMA, 35 of those properties had their Letters of Map Amendments (LOMAS) invalidated on the FEMA Map Amendment. He also stated there were 180 properties that were not in the flood plain in 1986 but were in the floodplain now and may be required to carry flood insurance. Lauren Driscoll, Director of Community & Development Services, stated the timeframe for Page 6 the map amendment was very tight and noted that the first reading of the ordinance was scheduled for March 26, 2018 then the ordinance would go to FEMA for approval and second reading of the ordinance would be held on April 9, 2018 and the entire process had to be completed by April 18th. Commissioner Hoppock asked of the 186 properties found within the flood plain, how many were new construction within the last ten (10) years. Mr. Andrew stated not very many and continued to provide specific locations of the properties. N Commissioner Hoppock asked what the negative would be to ask for the grandfathering to continue. Mr. Andrew stated the primary negative would be how the City of Salina would be reviewed by the Division of Water Resources. Jason Gage, City Manager, asked if a property was 6 inches above Base Flood Elevation (BFE) would a property addition have to be above 1 foot. Mr. Andrew stated the requirement applied to new buildings and buildings with substantial additions. Commissioner Hoppock asked for the requirement for a property that over 50% was lost due to fire or tornado. Mr. Andrew stated if a property was within the floodplain the house would be demolished, the basement would have to be filled in and a home be built without a basement. A conversation ensued between the Commission, Mr. Andrew and Ms. Driscoll regarding examples of properties within the floodplain that were damaged by fire or natural causes and the one foot elevation requirement. Commissioner Hodges asked for information pertaining to the FEMA map. Mr. Andrew stated yes the map was on the City of Salina's website. Commissioner Hodges asked if the river renewal would affect the properties around the Prescott and Santa Fe area. Mr. Andrew stated there were conversations to replace the storm sewer that ran from Santa Fe and Prescott to the old river channel which would reduce the amount of flooding within the area. Ms. Driscoll provided additional information regarding the request before the commission today. Commissioner Davis asked if it was a bad idea to raise the elevation of the properties within the three (3) areas of town noted. Mr. Andrew stated if a resident was in the flood plain and wanted to build a new garage or shed, it would have to be built above elevation. Commissioner Hodges provided her thoughts on the request. Mr. Andrew stated the action options. Commissioner Hodges asked if a representative from Blue Beacon in the audience would want to speak to the changes in the FEMA Maps affecting the Blue Beacon property. Mr. Walker stated he did not wish to comment. 18-0104 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to authorize the Mayor to submit a letter requesting a waiver from a portion of K.A.R. 5-44; Flood Plain Regulation as per K.A.R. 5-44-6 to the Chief Engineer, Division of Water Resources, Kansas Department of Agriculture, requesting a continuation of the City of Salina's exemption which allows new development located in Special Flood Hazard Areas to be elevated to or above the Base (100 year) Flood Elevation (BFE) instead of to one (1) foot above the Base Flood Elevation as required by the State of Kansas Administrative Regulations. Aye: (5). Nay: (0). Motion carried. Page 7 OTHER BUSINESS Commissioner Hay asked staff to put on the agenda next week the Industrial Revenue Bond consideration for the Lighthouse Properties III, Inc. Commissioner Hoppock recused himself due to a conflict of interest. 18-010_5 Moved by Commissioner Hay, seconded by Mayor Ryan, to direct staff to add to the agenda for the March 26, 2018 City Commission meeting the Industrial Revenue Bond consideration for the Lighthouse Properties III, Inc. Aye: (3). Nay: (1) Hodges. Motion carried. (9.1) Request for executive session (personnel and legal- same matter). 18-0106 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to recess into executive session for 45 minutes to discuss specific non-elected employees' performance and working relationships based upon the need to discuss personnel matters of non-elected personnel pursuant to K.S.A. 75-4319(b)(1) and to discuss the subject of the legal aspects of those same matters 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 7:15 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:30 p.m. and reconvened at 7:15 p.m. No action was taken. Greg Bengtson, City Attorney, stated the reason the agenda listed same matter for the executive session was that the discussion would involve both the personnel and legal topics. 18-0107 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to extend the current executive session for an additional 30 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:15 p.m. and reconvened at 7:45 p.m. No action was taken. 18-0108 Moved by Commissioner Hodges, 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 7:45 p.m. and reconvened at 7:55 p.m. No action was taken. ADJOURNMENT 18-0109 Moved by Commissioner Hodges, 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 7:55 p.m. [SEAL] Karl F. Ryan, Mayor ATTEST: handi Wicks, C C, City Clerk Page 8