04-23-2018 Minutes CITY OF SALINA,KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
April 23,2018
4:00 p.m.
t The City Commission convened at 1:00 p.m. for the Karen M Graves Plaza Dedication at Tony's
Pizza Event Center, 2:30 p.m. for Development Group: Special Assessments Discussion 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,
8 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
Mayor Ryan noted that Item No. 3.3 would be added to the agenda for the Arbor Day
proclamation.
18-0140 Moved by Commissioner Davis, seconded by Commissioner Hay, to add Agenda Item 3.3 for the
Arbor Day proclamation. Aye: (5). Nay: (0). Motion carried.
(3.1) The day of April 28, 2018 as "Multiple Sclerosis Awareness Day" in the city of
Salina. Dean Atteberry read the proclamation and announced associated events.
(3.2) Presentation of the AAA Community Traffic Safety Award to the Salina Police
Department by Shawn Steward with AAA Kansas. Shawn Steward provided
information about the award and presented the award to Chief Brad Nelson and
Sgt. Brent Rupert.
(3.3) The day of April 27, 2018 as "Arbor Day" in the city of Salina. Chris Cotten, Director
of Parks & Recreation, read the proclamation.
CITIZENS FORUM
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on the 2017 special assessment projects.
(5.1a) Second reading Ordinance No. 18-10932 levying special assessments for
infrastructure improvements.
Mayor Ryan opened the public hearing.
Dan Stack,City Engineer, explained the projects, total costs and funding.
There being no further comments the public hearing was closed.
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18-0141 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to adopt Ordinance No.
I18-10932 levying special assessments for infrastructure improvements on second reading. A roll
call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried.
CONSENT AGENDA
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w (6.1) Approve the minutes of April 16, 2018.
(6.2) Award contract for 9th Street Curb & Gutter Improvements, Project No. 80016, to
Bryant and Bryant Construction, Inc. in the amount of $586,430 with a 5%
construction contingency ($29,321.50).
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(6.3) Award contract for Parking Lot Entrance Repairs/Sidewalk Ramps, Project No.
80010, to Lancaster Construction of Salina in the amount of $31,770.22 with an
$8,739.70 contingency.
(6.4) Authorize the Mayor to execute a public utility easement granting a 10 foot utility
easement across the south 10 feet of a public parking lot located on Lot 156 on Fifth
Street in the Original Town of Salina and to accept the offered public utility
easement dedications from Lighthouse Properties III, Inc. and Blue Beacon
International, Inc. related to the downtown hotel project.
18-0142 Moved by Commissioner Hodges, seconded by Commissioner Hay, to approve the consent agenda
as presented. Aye: (5). Nay: (0). Motion carried.
I ADMINISTRATION
(7.1) Resolution No. 18-7550 amending the City of Salina's Shared Vision Statement
and Strategic Plan for 2018.
Jason Gage, City Manager, explained the amendments and action options.
Commissioner Davis suggested eliminating the wording "In addition, Salina will begin
making efforts to be an environmentally friendly community" in Section 2 subsection (i).
Mr. Gage stated the wording was redundant to wording in another section. The
Commission reached a consensus to remove the wording.
Commissioner Hoppock asked if the Planning Commission had a chance to review the plan
and when the annual meeting with Planning and Zoning Commission would occur. Dean
Andrew, Director of Planning, stated a date had not been set but the Planning and Zoning
Commission would be glad to work with the City Commission to get a joint time set up for
the review of the Comprehensive Plan. The City Commission reached a consensus for Mr.
Andrew to work with the Planning Commission to secure a date for the annual meeting.
18-0143 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Resolution No. 18-
7550 amending the City of Salina's Shared Vision Statement and Strategic Plan for 2018 with
the deletion of the last sentence of Section 2 (i). Aye: (5). Nay: (0). Motion carried.
(7.2) Discuss the continued inclusion of the Salina Police Department Training Center
project in the 2018-2022 Capital Improvement Plan.
Jason Gage, City Manager, explained the project.
Chief Nelson showed and explained a presentation regarding the project.
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Mr. Gage provided information on the project, project cost, 2018-2022 Capital Improvement
Plan project funding and action options.
Commissioner Hodges asked if unbacked bonds required the same reserve for deficit. Mr.
Gage stated he would have to ask bond counsel for an answer.
Commissioner Hodges asked for staff to explain the DRT process and how staff evaluates
the process. Michael Schrage, Deputy City Manager, stated the process was optional but the
applicant was asked to describe the project which could include site plans; staff would then
review the planning and zoning requirements, describing any needed requirements and
then would discuss the building and would wrap up with a submittals list of required
documents to have a successful project.
Commissioner Hodges provided information on the present location and the cost for utility
hookups. Mr. Gage stated the cost estimate provided was for on-site utility hookups and all
costs for the utility hookup were to be included in the project budget.
Commissioner Hodges provided her thoughts on the timing of the project, the potential for
collaboration and the project as a whole. Chief Nelson stated there had been work on the
project for three (3) years and explained his conversations with the Kansas Highway Patrol
on collaboration for the project. He continued to provide his thoughts on the project. Mr.
Gage stated the former Saline County Sheriff took the item to the Saline County
Commission in the past and they did not have an interest,in the project.
Commissioner Hodges continued to provide her thoughts.
Mr. Gage asked if the City Commission had interest in another entity controlling the facility
but allowing the City of Salina to use at the same cost estimated today.
Commissioner Davis stated no and provided his thoughts on the project.
Commissioner Hay provided his thoughts on the current facility and the need for the
project.
Commissioner Hay stated there were projects (Former Schilling Air Force Base, County-
Wide communications system, etc.) that the cost was unknown. Mr. Gage stated there were
some projects with the costs unknown. He continued to state the Former Schilling Air Force
Base cost should be received in a couple weeks, the County-Wide Communications System
project cost should be submitted in 3 to 4 months.
Commissioner Hay provided his thoughts on other project costs within the 2018-2022
Capital Improvement Plan.
A conversation ensued between the Commissioners, regarding the other projects within the
2018-2022 Capital Improvement Plan and the Salina Police Department Training Center
project moving forward.
Mayor Ryan provided his thoughts on the project moving forward and future collaboration
for the facility.
Commissioner Hoppock asked if a construction manager would still be looked at for the
facility. Mr. Gage stated yes at approximately 5%.
Commissioner Hoppock asked what the land acquisition would be. Mr. Gage stated until
the decision was made to move forward, he did not want to state the amount.
Commissioner Hoppock asked how the utilities would be handled. Mr. Gage stated the
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utilities would be available to be hooked up at the location.
Commissioner Hoppock asked how much the simulator would cost. Chief Nelson stated
approximately $250,000.
A conversation ensued between the Commission, Mr. Gage and Chief Nelson on the
location of the simulator.
N Mr. Gage asked if the City Commission would like staff to create an agenda item to bring
back to the Commission to allow for solicitation of private donations for the facility.
Commissioner Hoppock asked how Chief Nelson would prioritize the two projects (Salina
Police Department Training Center and the county-wide communication system). Chief
Nelson stated it was a difficult question but he would have to say the Salina Police
Department Training Center project.
Darrell Wilson, 613 Oakdale Drive, provided his thoughts on the current facility and the
need for a new facility.
Mike Marshall, Salina, former employee of the Salina Police Department, provided his
thoughts on the use of a public facility and the need for a new facility.
Chris Trocheck, Salina, former employee of the Salina Police Department, provided
information on his duty in training of officers as a firearms instructor and his thoughts on
the need for a new facility.
Ron Styles, retired Lieutenant of the Salina Police Department, provided his thoughts on
the need for properly trained officers.
Luci Larson,Salina, provided her thoughts on the current facility, the struggle to have a full
staff at the police department, other important projects in the community and the need for a
new facility to store vehicles and ammunition.
Carolyn Peterson, Salina, provided her thoughts on the sense of urgency for the project and
the need for the facility.
Representative J.R. Claeys, 69th District, stated he supported the law enforcement training
center, he continued to provide information on the process of the Kansas Highway Patrol
budget and stated there was interest in a training facility and range with collaboration with
the Salina Police Department.
Commissioner Hay asked what type of timeframe would it be. Representative Claeys stated
the project would need to be developed this summer with funding request to be reviewed
for approval next year. Chief Nelson stated the need for the facility to be larger to
accommodate both the Salina Police Department and the Kansas Highway Patrol.
A conversation ensued between the Commission and Chief Nelson regarding the look of
the new facility if a collaboration occurred with the Kansas Highway Patrol.
Commissioner Hodges asked when the project appeared in the Capital Improvement Plan.
Chief Nelson stated in 2016 as unfunded, then was added to the 5-year Capital
Improvement Plan.
Commissioner Hodges asked if the project would be completed in the 5-year cycle or if the
project would be completed in the next year. Mr. Gage stated if the project was on a certain
year, there was expectation that the project occur in that year.
Commissioner Hoppock asked how the project would be funded. Mr. Gage stated through
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general obligation bonds.
Commissioner Hodges thanked Representative Claeys for his attendance at the meeting.
Representative Claeys provided additional information on options available in the future
for collaborations on projects between the State of Kansas and the City of Salina.
z- Commissioner Hay asked if there was a chance for the Kansas Highway Patrol to buy into
the project. Mr. Gage stated there were several ways to partner on a project; interlocal
y agreements or user pay agreements.
A conversation ensued between Commissioner Hay and Mr. Gage regarding partnerships
with other entities. Chief Nelson provided information on the reason why the range was
designed with outside lanes.
Jon Blanchard, 1117 State Street, stated how necessary the new facility was and thanked the
commission for the full review of the project. He stated if the facility were to move to a
location other than the current facility, it be in close proximity of the police station and
asked how was the location logistically worth operationally and if there were any
environmental needs for the possible new location. He continued to provide his thoughts
on the project.
Commissioner Davis provided his thoughts on the training center project and how
collaborations with Saline County might occur.
Commissioner Hodges asked if productive conversations could happen between now and
January, 2019. Representative Claeys stated yes, he thought a meeting could happen.
Commissioner Davis asked if Chief Nelson's meetings with the Kansas Highway Patrol
were in regards to collaboration and interest in a new facility. Chief Nelson stated he had
two (2) meetings with the Kansas Highway Patrol regarding collaboration and was told the
Kansas Highway Patrol was not interested in a new facility.
A conversation ensued between the Commission and Chief Nelson regarding the project
and possible collaboration on the training center.
Commissioner Hay provided his thoughts on possible collaborations with the Kansas
Highway Patrol.
Mayor Ryan provided his thoughts on possible collaborations with other entities including
the Kansas Highway Patrol and Saline County.
Mr. Gage stated he had conversations with Cornell Weber with the Kansas Highway Patrol
regarding a training center and Cornell Weber did not have any interest in a new training
center. He continued to provide information on the delays of the project if there would be
collaboration with other entities.
A conversation continued to ensue between the Commission, Chief Nelson and Mr. Gage
regarding possible collaborations with other entities.
Commissioner Hoppock provided his thoughts on the project and the funding of the
project.
Commissioner Hoppock asked if the countywide communication system could be moved
out a year. Mr. Gage stated he would have to check into that.
Commissioner Hoppock continued to provide his thoughts on collaboration with the
Kansas Highway Patrol.
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1 Commissioner Hoppock asked if there was a way to put a ceiling on the project when it
went out to bid. Mr. Gage stated the budget could always be re-established and the project
go back out for bid but it would probably be in the following year.
Commissioner Hodges asked how the new location would affect the department's response
z time. Chief Nelson stated the current facility location was close in proximity to the
w department's offices. He continued to state the proposed facility would be in far south
N Salina but the employees would be in training and not on as active duty.
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z Commissioner Hodges asked about potential environmental effects on the project located
in south Salina. Mr. Gage stated that there was a potential for environmental effects but the
effects would be reviewed by the designer. Mr. Schrage provided additional information
regarding the possible environmental effects.
Commissioner Hodges asked if the Commission was interested in looking at a
collaboration with the Kansas Highway Patrol. Mayor Ryan stated yes. Commissioner
Davis stated no and provided his thoughts. Commissioner Hay stated he would like to see
a collaboration but did not want the project construction delayed.
Chief Nelson stated there were some add alternates that could be added to the project at a
later time.
Commissioner Hoppock asked if the Commission took no action would that leave the
project in the capital improvement plan as it was currently listed. Mr. Gage stated yes, but
staff would need to know if the Commission would like staff to take a specific direction.
18-0144 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to take no action.
A conversation ensued between the Commission and Mr. Gage regarding the current
project path and possible collaborations.
Commissioner Hay asked if the construction cost could be trimmed down if the project was
moving forward. Mr. Gage stated yes, the construction cost could be reduced and it would
be best for staff to have the information tonight. He continued to state it would be helpful
for staff and the bidders to know if the budget was adjusted.
Commissioner Hay asked how the Commission would determine what the adjusted budget
might be. Mr. Gage stated it was difficult and he would not go below$4 million.
A conversation ensued between the Commission and Mr. Gage regarding the budget
adjustment and the alternates of the project.
Commissioner Hoppock asked if the motion would need to be amended. Mr. Gage stated
there was not typically a motion to take no action and explained the action options.
Greg Bengtson, City Attorney, stated the withdrawal might be the best way to clean the
slate.
Commissioner Davis withdrew his motion and Commissioner Hoppock withdrew his
second.
.118-0145 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to preserve the current 5-
year Capital Improvement Plan project status for the Police Department Training Center with all
remaining project costs not to exceed $4.5 million dollars and to ask staff to work with the designer
to provide alternate bid items.
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1 Commissioner Hodges provided her thoughts on the motion.
Commissioner Hay provided his thoughts on the project waiting until 2020.
Mayor Ryan called the question. Aye: (3). Nay: (2) Hodges, Ryan. Motion carried.
Mayor Ryan called for a 10 minute break at 7:15 pm. The City Commission reconvened at
7:25 p.m.
DEVELOPMENT BUSINESS
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(8.1) First reading Ordinance No. 18-10933 amending Chapter 35, Article XII, Sections 35-
o 261, 35-262, 35-264, 35-266 and 35-270 to clarify the rights and responsibilities under
Sidewalk Café License Agreements approved in the downtown area.
Dean Andrew, Director of Planning, explained the amendments and action options.
Commissioner Hoppock asked why the hours were 9pm and 10 pm for beverages to be
served on the sidewalk. Mr. Andrew stated he thought it was the preference of the
commission at the time. Commissioner Hoppock provided his thoughts on the time and
would be in favor of changing it.
Commissioner Hoppock asked why the area was limited to 200 square feet. Mr. Andrew
stated the language allowed for a larger area to be approved by way of petition.
Commissioner Hoppock asked if the ordinance modification had to go to the Planning
Commission first. Mr. Andrew stated any modification could be approved by the City
1 Commission.
Mr. Andrew stated he did not know if the city manager was aware why the time Limit was
established. Jason Gage, City Manager, stated he did not know if the time was limited due
to the loft living. Michael Schrage, Deputy City Manager, stated the retail sale of alcohol
was allowed from 9:00 a.m. to 10:00 p.m. but the sale of alcohol at an establishment was
allowed from 9 am to 2 am.
Commissioner Davis asked how close the 200 square foot area was allowed to the curb. Mr.
Andrew stated a minimum clear zone between the sidewalk and the curb of 8 foot must be
maintained.
Mayor Ryan asked what the fencing would look like. Mr. Andrew stated a wrought iron
fence would be used for the area.
Commissioner Hodges asked that the time be changed to 12:00 a.m. instead of 2:00 a.m.
Mr. Andrew asked if the commission wanted to change the limit of hours of sales in Section
35-268 (4) b to midnight.The consensus was yes.
Commissioner Hodges asked if the changes were made to the facade program guidelines to
include any non-permanent items only to be funded as part of a larger project and
complimentary to primary, fixed improvements. Penny Betties, Salina Downtown, Inc.
Director explained that the guidelines were updated and provided to the City Clerk.
18-0146 Moved by Commissioner Hodges, seconded by Commissioner Hay, to pass Ordinance No. 18-
I10933 amending Chapter 35, Article XII, Sections 35-261, 35-262, 35-264, 35-266, 35-268 and 35-270
to clarify the rights and responsibilities under Sidewalk Café License Agreements approved in the
downtown area with the addition of a change to the language in Section 35-268 (4) to allow
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alcoholic beverages to be served in sidewalk dining areas until midnight instead of 10:00 p.m., on
first reading. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
Jason Gage, City Manager, stated Commissioner Hay asked for an update on the recycling
center. Jim Kowach, Director of Public Works, stated the air, soil and water samplings were
completed a couple weeks ago. He continued to state staff received the air and soil samples
back, the air samples were okay but the soil samples had to be redone and staff was
= awaiting the results. He also stated staff was hoping for the results in a couple weeks. He
additionally stated it looked like the facility would open in late May.
Greg Bengtson, City Attorney, stated there was a prospect of action after the executive
session.
(9.1) Request for executive session (legal).
I move the city commission recess into executive session for _ minutes to discuss with legal
counsel the subject of the City's legal course of action in response to the decision of the Court of
Appeals in the road annexation case 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 p.m.
18-0147 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to recess into executive
session for 10 minutes to discuss with legal counsel the subject of the City's legal course of action
in response to the decision of the Court of Appeals in the road annexation case 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 7:58 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 7:48 p.m. and reconvened at 7:58
p.m. No action was taken.
ADJOURNMENT
18-0148 Moved by Commissioner Hay, seconded by Commissioner Hodges, that the regular meeting of the
Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 7:59 p.m.
[SEAL] Karl F. Ryan, Mayor
AT
TEST:
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Shandi Wicks,CMC, City Clerk
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