03-26-2018 Minutes CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
March 26,2018
4:00 p.m.
The City Commission convened at 2:30 p.m. for the Salina Community Economic Development
Organization (SCEDO) Update& Funding Request and at 3:45 p.m. for Citizens Forum.
8 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
is 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
Lois Christensen, Salina, Ks, provided her thoughts on sanitation and recycling,
encouraged use of alternative methods for takeout containers and provided her thoughts
on the cost of water rates in Salina.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of March 19, 2018.
(6.2) Approve Resolution No. 18-7541 modifying the applicable Comprehensive Fee
Schedule for the City of Salina Municipal Solid Waste Landfill waiving the
residential fees for up to two (2) single-day events each year as specifically
identified by the City Manager.
(6.3) Approve Resolution No. 18-7542 authorizing the Mayor to execute an agreement
with CivicPlus to provide a Recreation Management Software system (CivicRec) for
Parks and Recreation program/league registration and facility reservations.
(6.4) Accept the offered utility, sidewalk and drainage easements for a public water line,
a public sidewalk and the detention basins serving the Net3 development site at
2375 South 9th Street and authorize the Mayor to sign the easement documents
accepting the easement dedications on behalf of the City.
Commissioner Hodges requested that Item 6.2 and 6.3 be removed from the consent agenda.
I18-0110 Moved by Commissioner Hodges, seconded by Commissioner Davis, to approve the consent
agenda less items 6.2 and 6.3 Aye: (5). Nay: (0). Motion carried.
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(6.2) Approve Resolution No. 18-7541 modifying the applicable Comprehensive Fee
Schedule for the City of Salina Municipal Solid Waste Landfill waiving the
residential fees for up to two (2) single-day events each year as specifically
identified by the City Manager.
Commissioner Hodges noted that the resolution would allow for free landfill days for the
Spring Spruce-Up and Fall Fix-Up dates to encourage citizens to help clean up the
y community.
Jim Kowach, Director of Public Works, stated the Spring Spruce-Up date was April 21,
2018.
18-0111 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to adopt Resolution No.
18-7541 modifying the applicable Comprehensive Fee Schedule for the City of Salina Municipal
Solid Waste Landfill waiving the residential fees for up to two (2) single-day events each year as
specifically identified by the City Manager. Aye: (5). Nay: (0). Motion carried.
(6.3) Approve Resolution No. 18-7542 authorizing the Mayor to execute an agreement
with CivicPlus to provide a Recreation Management Software system (CivicRec) for
Parks and Recreation program/league registration and facility reservations.
Commissioner Hodges asked for additional information on the ongoing investment for golf
and recreation. Chris Cotten, Director of Parks & Recreation, introduced Scott Carrie,
Deputy Director of Parks & Recreation. Mr. Carrie stated the cost for the software for the
golf course would be a wash out but indicated that the credit card fees would be cheaper.
He continued to state that the request before the commission today was for the recreation
program/league registration and facility reservations.
18-0112 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt Resolution No. 18-
7542 authorizing the Mayor to execute an agreement with CivicPlus (CivicRec) for recreation
software not to exceed the first year cost of $36,116 ($22,746 + year 1 with ongoing software fee of
$13,370). Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Resolution No. 18-7540 authorizing City of Salina staff to implement the features of
a sanitation plan.
Jim Kowach, Director of Public Works,explained the plan and action options.
Commissioner Hay asked if a residence did not participate in the yard waste program
could they leave bags on the ground for pickup. Mr. Kowach stated if the program was a
fully automated system there could not be any bags left on the curb for pickup but if the
system was a semi-automated program additional bags could be left at the curb.
Mayor Ryan asked if semi-automated pickup meant staff would still be running on the
streets. Mr. Kowach stated yes.
Commissioner Davis asked if the recycling program would be optional in the new plan. Mr.
Kowach stated recycling would be required as part of the new plan.
Commissioner Hodges asked what the balance was on the Sanitation Reserve Fund. Jim
Teutsch, Operations Manager, stated the fund balance was approximately$825,000.
Commissioner Hodges asked if the money could be recouped. Mr. Kowach stated by
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purchasing used trucks, there was little doubt that the money could be recouped.
Commissioner Hodges asked if a funding source had been determined to pay for the
capital costs. Mr. Kowach stated the fees collected would cover the costs over time but
general obligation bonds would need to be used to pay for the capital costs.
Commissioner Hoppock asked if the current cost for the curbside recycling program was
5 $5. Mr. Kowach stated the citizens that participate in the program pay $5 a month but the
program costs $19 a month per customer with approximately 900 customers in the
program. •
Commissioner Hodges provided information on a possible grant for the purchase of the
carts and stated she would provide the information to staff.
Randall Holm, Salina, Kansas, provided his thoughts on the proposed trash and recycling
methods and locations. Mr. Kowach responded by stating that 2200 customers had alley
service representing 15% of the customers and losing those customers would be a
significant effect on the program. Mr. Teutsch stated with the purchase of the semi-
automated packer trucks, a portion of the current trucks would be sold. He continued to
provide information on the trimming of the street trees, automated packer trucks picking
up trash on one side of the street at a time and the increase in container sizes for the new
plan.
Mayor Ryan asked if the yard waste was comingled could the truck fleet be reduced. Mr.
Teutsch stated the semi-automatic trucks could be reduced by four (4). Mr. Kowach stated
if the yard waste was comingled with refuse, the trash container would need to be larger to
handle the amount of waste.
Commissioner Hoppock asked if staff had worked in the plan so the refuse pickup would
remain on the same day. Mr. Teutsch stated there was currently a need for five (5) routes
regardless if the system was semi-automated or automated.
Commissioner Hay stated there could be a need for bags outside the trash container if the
yard waste was comingled with the refuse. Mr. Teutsch stated there could be a need for an
extra container for yard waste depending on the individual household.
Commissioner Hoppock asked how much yard waste was typically collected. Mr. Kowach
stated the tonnage of yard waste was minimal compared to the amount of refuse.
A conversation ensued between Commissioner Hodges, Mr. Kowach, Mr. Teutsch and Mr.
Gage regarding the charges for the services and additional carts.
Alvin Kasper, 727 Willow Drive, provided his thoughts on the need for allowing citizens to
transport recycling for no additional fees. He continued to provide his thoughts on
automated trash pickup and concerns on the limited amount of space for street parking.
Mr. Holm provided additional thoughts on the alley pickup and asked if walk up services
would be available in the new plan and provided his thoughts on the grating of alleys.
Judy Larson, Salina, Kansas, provided her thoughts on the current trash service and ability
to have walk up service.
Joan Ratzlaff, Salina, Kansas and Vice-Chair of Solid Waste Management Committee,
provided her thoughts on the new plan, asked if a yard waste cart was required and where
the private haulers would take their recycling materials. She continued to ask if there was a
plan B for the drive-thru recycling center. Mr. Teutsch stated a citizen was not required to
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have a yard waste cart. Mr. Gage stated in the north portion of the community there was a
likelihood of underground contaminates and the assessment would be to determine a
baseline of the contaminates and staff was confident the contaminates would not affect the
use of the warehouse.
z Ms. Ratzlaff stated she thought the price for a new truck was approximately 5150,000. Mr.
Kowach stated the price for a new truck was $160,000 and a used truck was 5130,000 to
5150,000 but would be of a higher quality truck with low miles. Mr. Teutsch stated the
production for a new packer truck would be approximately 9 months when a good quality
used truck with low mileage could be available quickly.
Ms. Ratzlaff asked if the cost for the drive-thru recycling center would cover the startup
costs and the cost to operate the center. Mr. Kowach stated the cost would cover both the
start-up costs and the cost to operate the center.
Ms. Ratzlaff asked what type of agreement the City of Salina had with the Stutzman's, the
recycling company. Mr. Kowach stated there was not a current contract with Stutzman's for
the service.
Commissioner Hoppock provided his thoughts on a new sanitation plan.
Commissioner Davis provided his thoughts on a new sanitation plan.
Commissioner Hoppock continued to provide his thoughts on the cart sizes and the current
curbside recycling program.
1 Commissioner Davis asked if the semi-automated yard waste would go to the landfill. Mr.
Kowach stated the semi-automated yard waste would go to Kanza Organics.
Mayor Ryan provided his thoughts on the new plan.
A conversation ensued between the Commission, Mr. Kowach and Mr. Teutsch regarding
the options for the new sanitation plan and workers compensation claims for workers.
Mr. Gage asked if the collector of the yard waste collected the waste on both sides of the
street at one time. Mr. Teutsch stated yes.
Mr. Kowach stated a resident could get a second yard waste cart for a portion of the year at
an additional fee.
Commissioner Hay stated a resident told him they would discontinue to recycle if the curb-
side recycling was no longer an option and he noted that as a concern. Mr. Gage stated any
citizen would be against the change but would probably over time adapt to the changes.
Commissioner Davis asked how the commission felt on the collection of yard waste.
Commissioner Hodges stated she would like the yard waste to remain separate.
Commissioner Hay and Hoppock stated the same thing. Mayor Ryan stated he was in favor
of it going to the landfill. Mr. Gage clarified the wishes of the commissioners on the
collection of yard waste.
Mr. Kowach stated if the yard waste was collected semi-automated then there would be a
reduction in the capital cost up front for the purchase of additional trucks and carts.
Mr. Gage explained the options for the motion for the new sanitation plan.
18-0113 Moved by Commissioner Davis, seconded by Commissioner Hodges, to adopt Resolution No. 18-
7540 authorizing City of Salina staff to implement the features of a sanitation plan as described
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herein as supported by the City Commission at recent study sessions. Staff is also authorized
to develop fees based on these sanitation services, including proposed residential fees for City
of Salina residential customers based on the preferred plan, with additional fees, as specified,
for additional services with a change to a Semi-Automated Yard Weekly Yard Waste
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collection.
Commissioner Hoppock asked if the container sizes needed to be the same size. Commissioner
C.5 Hodges provided her thoughts on the container sizes. Mr. Gage stated the hope was that the
recycling container would be lighter than the refuse cart once full.
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Mayor Ryan called the question. Aye: (3). Nay: (2) Hay, Hoppock. Motion carried.
(7.2) First reading Ordinance No. 18-10931 authorizing the issuance of Industrial
Revenue Bonds for the purpose of providing funds to pay the cost of acquiring,
purchasing, constructing, installing, furnishing and equipping commercial hotel
facilities for the benefit of Lighthouse Properties III, Inc.
Commissioner Hoppock recused himself due to a conflict of interest.
Michael Schrage, Deputy City Manager, explained the request, Industrial Revenue Bond
(IRB) financing, IRB procedural steps, fiscal impact and action options.
Commissioner Hodges asked if the IRB's would be forfeited how that would be handled.
Mr. Schrage stated the bonds would be the responsibility of the developer.
Guy Walker, 500 Graves Boulevard, thanked the City Commission for bringing the item
back up to the commission and would ask for the support of the City Commission.
18-0114 Moved by Commissioner Davis, seconded by Commissioner Hay, to pass Ordinance No. 18-10931
authorizing the issuance of Industrial Revenue Bonds for the purpose of providing funds to pay
the cost of acquiring, purchasing, constructing, installing, furnishing and equipping commercial
hotel facilities for the benefit of Lighthouse Properties III, Inc. on first reading. Aye: (3). Nay: (1)
Hodges. Motion carried.
Commissioner Hay asked if the second reading of the ordinance could be approved today.
Mr. Gage stated it would be up to the commission to declare it a compelling public purpose
then pass the ordinance on second reading.
Commissioner Davis asked if a compelling public interest existed. Mr. Gage stated it would
be up to the Commission if they declared it to be a compelling interest. Greg Bengtson,City
Attorney, stated if it was not problematic, the best option would be to let the ordinance run
its natural course and hold the second reading of the ordinance at a separate meeting.
Mr. Walker stated there was no hurry for the agenda item to be heard on second reading
today but thanked the Commission for the consideration.
Commissioner Hoppock returned to the meeting.
Commissioner Davis asked for a five (5) minute recess. The City Commission took a five (5)
minute break at 5:41 p.m. and reconvened at 5:46 p.m.
DEVELOPMENT BUSINESS
(8.1) Application No. Z18-3, (filed by the Salina Planning Commission), requesting a
comprehensive review and amendment of Article VIII of the Salina Zoning
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Ordinance, Flood Plain Zoning District, to ensure continued conformance with
Federal Emergency Management Agency (FEMA) guidelines and Kansas Division
of Water Resources (DWR) Administrative Regulations in order to update the
floodplain regulations and adopt a new floodplain map for the City of Salina.
(8.1a) First reading Ordinance No. 18-10930.
Dean Andrew, Director of Planning, explained the request, National Flood Insurance
Program, FEMA Remapping Process, project timeline, Floodplain Management
Regulations, staff comments/analysis, overview of potential add-on provisions, Planning
Commission recommendation and action options.
Lauren Driscoll, Director of Community & Development Services, provided additional
information regarding the redline and highlighted sections within the ordinance.
Commissioner Hoppock asked what the elevation was for the 500 year flood. Mr. Andrew
stated it would be close to a two (2) foot freeboard but would vary slightly through the
community.
Jason Gage, City Manager, asked what the logic was if a critical facility defined was in the
100 year floodplain it would have to be elevated above the 500 year floodplain, but if it was
outside the 100 year floodplain it would not have to be touched, it would comply, was that
accurate. Mr. Andrew stated yes.
Mr. Gage continued by stating it could be in the 500 year floodplain but outside the 100
year floodplain but they don't make you raise it above the 500 year, and asked if there was
a higher propensity for flood waters to be higher than the 500 year floodplain if the
property was already in the 100 year floodplain. Mr. Andrew stated most of the provisions
were not designed for communities like Salina that had levee protected areas. He continued
by explaining that if a hospital was a critical care facility and was in the mapped 500 year
floodplain, there would be no minimum elevation requirement that would be set for that
property. He also stated if a new facility were to be built in the mapped 100 year floodplain,
it would be more susceptible to flooding and the critical facility provision would require an
extra level of protection.
Mayor Ryan asked if there were any planned critical facilities in the floodplain. Mr. Gage
stated the new south wellfield water plant would count definitionally as a critical facility.
Mr. Gage asked what the plan was if the ordinance was to return to the Planning
Commission then back to the City Commission then to the State of Kansas on time. Mr.
Andrew stated it would be in the best interest to have four (4) affirmative votes to keep the
item from having to go back to the Planning Commission.
Mayor Ryan asked if the item would have to go back to the Planning Commission since the
State denied the request for the waiver. Mr. Andrew stated no, staff told the Planning
Commission to review the ordinance on the basis that there would not be a waiver.
Mr. Andrew continued to explain the critical facilities provision, the options for including
the provision into the ordinance and explained the other provisions. Mr. Gage asked if the
access roads would be included in the critical facilities. Mr. Andrew stated yes, for the
roadways that were associated with the facilities.
A conversation ensued between Mr. Andrew and Mr. Gage regarding the critical facilities
provision and how access roads and roadways were included in the provision.
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Greg Bengtson, City Attorney, stated the critical facility provision was discretionary from a
standpoint of state compliance and asked if it was something that we could bifurcate the
critical facilities component of the ordinance so that the remaining ordinance could
advance and staff could work with the Planning Commission on the critical facilities
component. Mr. Andrew stated if there were four (4) affirmative votes to substantially
modify or remove the critical facility provision from the ordinance the change could be
done tonight.
Mr. Gage asked if the four (4) affirmative votes was a local preference. Mr. Andrew stated
the four (4) affirmative votes came from the Kansas Planning & Zoning Enabling Act.
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Ms. Driscoll asked Mr. Bengtson what was considered a roadway. Mr. Bengtson stated he
could not answer that as it was not a defined term in the model ordinance.
A conversation ensued between the Commission, Mr. Gage and Mr. Andrew regarding the
application of the critical facility provision in the community.
Michael Schrage, Deputy City Manager, asked whether it was correct that the critical
facility elevation and the access road elevation conditions would both have to be met in
order for the applicant to be issued a floodplain development permit in the 100 year flood
plain. Mr. Andrew stated any new or substantially improved facility would be required to
meet both conditions before a floodplain development permit could be issued.
A conversation ensued between the Commission, Mr. Gage and Mr. Andrew regarding the
application of the critical facility provision in the community.
Mr. Gage asked where the Planning Commission was coming from on the critical facilities
provision. Mr. Andrew stated the Planning Commission was looking at it intuitively on if it
made sense for the critical facilities provision to be added to the ordinance.
Commissioner Hoppock asked what the standard for critical facilities in the Midwest was.
Ms. Driscoll stated the county's emergency management plan may have a list of critical
facilities. Mr. Gage stated he didn't know if there was a standard.
Commissioner Hoppock asked if the critical facilities could be left out of the ordinance
today but added later. Mr. Gage stated it would be important to see how the commissioners
felt on the topic before deciding on how to handle it.
A conversation ensued between the Commission, Mr. Andrew and Ms. Driscoll regarding
the critical facilities potential add-on provision.
Commissioner Hoppock provided his thoughts on the critical facilities provision and asked
the other commissioners for their thoughts.
Ms. Driscoll stated the ordinance could be approved without the critical facility provision
and could be reviewed and approved as a text amendment later.
Commissioner Hodges provided her thoughts on the language of the critical facility
provision. Mr. Andrew stated he could put together additional information regarding the
list of critical facilities and the elevation requirement.
Mr. Gage asked if the Commission was comfortable with the remaining provisions the
Planning Commission approved.
Mayor Ryan asked why the limit for accessory structures was set at 400 square feet. Mr.
Andrew stated FEMA has had substantially unanticipated amount of disaster assistance
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claims for damaged accessory buildings so they were trying to limit the square footage to
limit the size of the structure.
Commissioner Hoppock asked how the City of Salina tracked additions made to properties
within the 100 year floodplain. Mr. Andrew stated the permit technician would determine
if the property was in or out of the flood plain, if it was in the flood plain, Mr. Andrew
would review the request and compare the estimated construction cost with the appraised
value of the property. He would then make a determination whether it was a "substantial
improvement" based on a conversation with the residential inspector.
Mr. Bengtson explained there were two (2) models of the base ordinance, a 2003 model and
a 2015 model, and indicated the compare document feature his office used did not put the
context into the ordinance provided to the Commission in their packet correctly. He walked
the Commission through the changes to the ordinance originally provided to match the
revised model ordinance.
Mr. Bengtson stated the more legal approach would be to have four (4) affirmative votes to
approve the ordinance less the critical facilities.
18-0115 Moved by Commissioner Davis, seconded by Commissioner Hodges, to concur with the
recommendation of the Planning Commission and approve Ordinance No. 18-10930, as generally
corrected at this meeting, amending and replacing the City's current floodplain regulations and
adopting the new floodplain map, with the deletion of the critical facilities provision, on first
reading. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
Commissioner Hodges thanked the Salina Airport Authority for the invitation for the Steve
Fossett Plaza dedication and thanked Tim Rogers, the Bitter family who built the plaza, K-
State Polytechnic staff and the many private donors that contributed to the project. She also
encouraged citizens to visit the plaza.
Commissioner Hodges stated she attended the March for our Lives Salina event on
Saturday, March 24, 2018 at Caldwell Plaza. She continued by recognizing South High
seniors Katelyn Billings and Asi Lou Mailau and Joni Parsons, the adult sponsor, for the
excellent job they did putting the event together.
Commissioner Davis provided his thoughts on the process for issuance of Industrial
Revenue Bonds for Samy's Old Chicago and the effect on the State of Kansas budget. He
continued to provide his thoughts on the Samy OC's project being left out of the
development agreement and the City Commission putting themselves in a very bad
position for future requests for Industrial Revenue Bonds. He continued further stating the
City Commission had no basis for a way to say no to future requests for Industrial Revenue
Bonds.
Mr. Gage stated there was a legal basis for considering future requests for Industrial
Revenue Bonds and how the City Commission would distinguish the approval or
disapproval from other projects, he also noted that some general guidance would need to
be established for issuance of Industrial Revenue Bonds. He continued to state from a staff
perspective there was not an error or a mistake in removing Samy's OC from the
development agreement and continued to state the master developer may have wished to
negotiate the terms of the Samy's OC portion further. He further continued to state that
staff then made a mistake by including Old Chicago in the mix of the other core projects.
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Commissioner Davis asked how additional projects could be added to the list of Industrial
Revenue Bonds. Mr. Gage stated he was not sure if there was a mutual agreement
requirement for additional projects for Industrial Revenue Bonds but there was a mutual
agreement requirement for additional transferee agreements.
Commissioner Davis asked how the agreement would happen. Michael Schrage, Deputy
City Manager, read the language from the development agreement. Mr. Gage stated the
Nrequest would go before the City Commission for consideration and could be brought in on
an executive session form then to an open session or just during an open session depending
on the information provided.
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A conversation ensued between the Commission, Mr. Gage and Mr. Schrage regarding the
need for guidelines for the issuance of Industrial Revenue Bonds.
Commissioner Hodges asked if the transferee agreement would need to be amended for
Old Chicago since they are going to be receiving the Industrial Revenue Bonds. Mr. Schrage
stated bond counsel did not think it was necessary to amend the transferee agreement to
include the Industrial Revenue Bonds.
Commissioner Hodges stated it was important to adopt guidelines for future incentives
and hold a future meeting providing the information on the forms of incentives that are
available and the guidelines to qualify to each of those forms of incentives.
Mr. Gage stated staff had been working on the incentives information previously requested
but had to take a break to get the floodplain maps adopted due to the upcoming deadline.
He continued to state staff could put together guidelines but it would be important for the
City Commission to know they will have to distinguish and differentiate the requests that
come in.
ADJOURNMENT
18-0116 Moved by Commissioner Davis, seconded by Commissioner Hay, that the regular meeting of the
Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 7:31 p.m.
[SEAL] Karl F. Ryan, Mayor
ATTEST:
SALSA: tatas/
Shandi Wicks,CMC,City Clerk
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