05-21-2018 Minutes CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
May 21, 2018
4:00 p.m.
The City Commission convened at 2:30 p.m. for the Raw Water Supply Study and at 3:45 p.m. for
Citizens Forum.
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a 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: Michael Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Shandi
Wicks, City Clerk.
Absent:Jason Gage, City Manager.
AWARDS AND PROCLAMATIONS
(3.1) The week of May 20-26, 2018 as "Emergency Medical Services Week" in the city of
Salina. Fire Chief Kevin Royse read the proclamation. Chief Royse recognized Sean
Herrington, EMS Medical Director and thanked the Governing Body for their
support.
(3.2) The week of May 20-26, 2018 as "National Public Works Week" in the city of Salina.
Wayne Nelson, Civil Engineer II, read the proclamation and announced associated
events.
CITIZENS FORUM
Charles Bates, Jr., Salina, stated the newly installed basketball/futsol goals at Sunset Park
were unsafe, thanked staff for removing them and provided his thoughts regarding the
need for upgrades to the basketball goals and the need for lines on the court. Michael
Schrage, Deputy City Manager, stated staff was making an effort to update the goals and
the goals had been removed and staff was working to develop a plan for the court to be
used for multiple sports.
Commissioner Hodges asked if there were plans to provide maintenance to the basketball
courts in Sunset Park. Chris Cotten, Director of Parks & Recreation, stated there had been
several upgrades to the park including new playground equipment, maintenance of trees
and new walking trails. He continued to state staff would be working on changes to the
basketball courts.
Ruth LaVoie, 1322 Derby, stated there was a problem with wild animals getting into her
shed and the Animal Shelter would not pick up the wild animals. She continued by asking
staff for an explanation on the policy change for the Animal Shelter to no longer pick up
wild animals. Michael Schrage, Deputy City Manager, stated there was a decision to limit
wild animal calls a couple years ago and stated he was not aware that the change was made
publicly. Commissioner Hodges stated the commission had received information
regarding the local policy and a guide from the Humane Society of the United States
pertaining to wild animals and asked staff to provide that information to Ms. LaVoie.
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A conversation ensued between Ms. LaVoie and Mr. Schrage regarding the local policy on
wild animals. Mr. Schrage suggested that Ms. LaVoie speak with Vanessa Cowie, Animal
Services Manager, who was in attendance at the meeting, for additional information.
Commissioner Hay asked if an updated brochure could be created listing the services the
Animal Shelter provided.
Jon Blanchard, 1117 State Street, asked for information on the operation and review of the
Salina Fieldhouse facility and asked what department would be the best to submit an open
records request for the operations information. He continued to ask how members of the
public would know how the facility was operating including the operations and turnout for
tournaments. Michael Schrage, Deputy City Manager, stated he was not aware that the
operations information for the fieldhouse was located on the website. A conversation
ensued between Mr. Blanchard and Mr. Schrage regarding the access to the information
pertaining to the fieldhouse. Mr. Schrage stated an open records request could be
submitted to the City Clerk's office and would then be routed to the appropriate
department.
Heenan Hernandez and Saul Valtierra provided their thoughts on the use of the courts at
Sunset Park and asked if another futsol court could be installed in the parks for other
players to use so the one court in Sunset Park would not have to be shared. Commissioner
Davis provided his thoughts on the effort of the citizens providing the information to the
commission and encouraged citizens to be active.
A conversation ensued between Mr. Schrage, Mr. Bates and Mr. Hernandez regarding the
use of the courts and future improvements to Sunset Park.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of May 14, 2018.
(6.2) Authorize the purchase and installation of an irrigation system at the U-6/U-8
soccer fields at the Magnolia Soccer Complex from Fox Lawn Sr I andscape LLC in
the amount of 539,450.
(6.3) Award bid for fifty (50) Mobile Data Terminal laptops to Dell EMC in the amount of
$117,134.50.
18-0168 Moved by Commissioner Hay, seconded by Commissioner Davis, to approve the consent agenda
as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Resolution No. 18-7556 amending and restating the policy for the financing of
public improvements as applied to the use of special assessments.
111 G Michael Schrage, Deputy City Manager, explained the amendments and action options.
Commissioner Davis stated the payment for perimeter roads had not been established, and
asked if there was anything in changing the policy that will unduly influence any decisions
on perimeter roads that could be made in the future. Mr. Schrage stated there were future
decisions to be made on the topic but he could not see any reason the policy would box the
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commission in on future decisions.
Commissioner Hodges asked what percentage was charged for administrative support on
special assessments. Mr. Schrage stated 5%.
Bob Haworth, 913 Twin Oaks Drive, thanked the City Commission for the changes to the
policy and stated it would provide the developers with the information needed bringing a
request before the commission requesting special assessments.
$ Thomas Mertz, 1936 Queens Road, urged the commission to vote against the revised policy
and provided his thoughts on how the current policy was tied to the housing study and the
8 median household income in Salina.
Stan Byquist, 2601 South Ohio, thanked the City Commission and staff for their work on
the policy.
Commissioner Davis provided his thoughts on the revised policy and need for infill
development in the community.
Commissioner Hodges provided a correction to a statement made by Mr. Welsh at a recent
study session pertaining to the need for luxury housing. She continued to provide her
thoughts regarding the current policy, the housing study and housing needs. She also
thanked staff for their work on the policy.
Commissioner Hoppock provided his thoughts on the current policy, the revised policy
and the use of special assessments.
Commissioner Davis continued to provide his thoughts on Greenfield development.
Commissioner Davis asked would review factors 1, 2 and 4 in Section 11 be a cost benefit
analysis similar to that of Topeka. Commissioner Hodges stated the review factors were
similar to that of Topeka and continued by stating her concerns with the future
maintenance of the streets.
A conversation ensued between the Commissioners and Mr. Schrage regarding the life
expectancy of the streets and the cost benefit analysis.
Commissioner Hoppock provided his thoughts on infield deVelopment, current new
development in the community and the conflicts with the Parks Master Plan.
Commissioner Hoppock asked for information on Section 11 (11) c. of the policy pertaining
to density, form and innovation. Mr. Schrage stated the phrase came directly from the
housing study and was informational only.
A conversation ensued between the Commission and Mr. Schrage regarding the revised
policy.
18-0169 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to approve Resolution No.
18-7556 amending and restating the policy for the financing of public improvements as applied to
the use of special assessments. Aye: (4). Nay: (1) Hodges. Motion carried.
(7.2) Resolution No. 18-7557 establishing a date for a public hearing concerning the
adoption of a plan pursuant to the Neighborhood Revitalization Act.
Michael Schrage, Deputy City Manager, explained the program background, proposed
changes, modification to the map, revised plan and the requested action.
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Mayor Ryan thanked staff for their time to present the item to the other taxing entities.
Pat Beatty, 204 S. Santa Fe, Overland Property Group, stated the development of the Lee
Buildings was moving forward but would require the tax incentives along with other
incentives to keep the project moving along. Mr. Beatty asked if the clock would start on
the other 2 buildings when the first building was completed for the rebates through the
Neighborhood Revitalization Program. Michael Schrage, Deputy City Manager, stated if
the building permits for the project were submitted in phases, the clock would start for the
Neighborhood Revitalization Plan individually based on the phasing of the building
permits submitted.
Mr. Schrage stated an Opportunity Zone designation was recently approved and asked if
the designation would help the Lee Building development. Mr. Beatty stated the
designation would help the development and explained that Opportunity: Zones were a
new economic development tool that would provide reduced and deferred capital gains
when the gain was invested in a Qualified Opportunity Fund and kept for at least 5 years.
He continued to state his business partner was traveling to Washington, D.C. to learn more
about Opportunity Zones.
18-0170 Moved by Commissioner Hay, seconded by Commissioner Hodges, to adopt Resolution No. 18-
7557 establishing June 4, 2018 as the date for a public hearing concerning the adoption of a plan
pursuant to the Neighborhood Revitalization Act. Aye: (5). Nay: (0). Motion carried.
(7.3) Resolution No. 18-7558 authorizing $60,000 in grant funds to the Salina Airport
Authority for air service marketing funding for 2018-2019.
Michael Schrage, Deputy City Manager, explained the request and fiscal impact.
Commissioner Davis asked if it was typical for the airline to put in the small proportion of
the marketing. Tim Rogers, Salina Airport Authority Director, stated additional radio
advertisement would also be added in the form of airline tickets as an in-kind donation
from the airline.
Commissioner Hoppock asked what percentage of passengers on outgoing flights were
from Saline County. Mr. Rogers stated he did not have a direct number but stated there
were several vehicles in the parking lot from Saline County and surrounding counties.
Mr. Rogers provided additional information on the flights available, changes to the flight
times, marketing of the flights and increased registrations to Fly Salina website. He also
provided information pertaining to the current request.
Commissioner Hodges asked what the sales calls and events meant in the information
attached to the agenda item. Mr. Rogers stated staff from ArcStar would make sales calls to
different organizations notifying them of the benefits for signing up for the services and
attend events providing the same information on signing up for the services through
Salina.
18-0171 Moved by Commissioner Davis, seconded by Commissioner Hodges, to adopt Resolution No. 18-
7558 authorizing $60,000 in grant funds to the Salina Airport Authority for air service marketing
funding for 2018-2019. Aye: (5). Nay: (0). Motion carried.
(7.4) First reading Ordinance No. 18-10937 amending Chapter 5, Article IV, Section 5-123
and repealing Chapter 5, Article IV, Section 5-26 pertaining to permissible activities
and hours of operation of clubs and drinking establishments.
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Michael Schrage, Deputy City Manager, explained the amendment, conformance with the
Strategic Plan and action options.
Jake Peterson,Clark, Mize & Linville, provided information on the need to make changes to
open saloons in the code which were incorporated in the amendment. He continued by
i stating that the Article for Section 5-26 was incorrectly listed and should be Article II
instead of Article IV.
Commissioner Davis asked what would constitute a need for a compelling public interest
on the item. Mr. Schrage stated it would be a benefit of the business owners for the item to
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be approved on second reading today. He continued to note that staff had received calls
from establishments regarding the hour change.
A conversation ensued between the City Commission, Mr. Schrage, Mr. Peterson and Greg
Bengtson, City Attorney, regarding the change to the hours and date the ordinance could
be in effect.
A conversation continued to ensue between the City Commission and Mr. Schrage
regarding a possible motion for a compelling public purpose.
18-0172 Moved by Commissioner Davis, seconded by Commissioner Hodges, to pass Ordinance No. 18-
10937 amending Chapter 5, Article IV, Section 5-123 and repealing Chapter 5, Article II, Section 5-
26 pertaining to permissible activities and hours of operation of clubs and drinking'establishments
on first reading. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(8.1) Resolution No. 18-7551 authorizing the Mayor to execute a Sidewalk Café License
Agreement with Blue Skye Brewery and Eats, LLC authorizing placement and
construction of an outdoor sidewalk dining area in the Santa Fe Avenue right-of-
way abutting the Blue Skye Brewery at 116 North Santa Fe Avenue.
Dean Andrew, Director of Planning, explained the application submittal requirements,
application proposal, review process, staff comments, Salina Business Improvement
District No. 1 Design Review Board recommendation and action options.
Commissioner Hoppock asked for clarification on the number of seats within the area. Mr.
Andrew stated the approval was for the square footage of the dining area only.
Commissioner Hodges asked if the wastewater from cleaning off the sidewalk and
furniture could be sent down the drain. Mr. Andrew stated the idea was for the wastewater
to not go directly into the storm sewer but into floor drains.
Commissioner Hodges asked if floor drains were contemplated throughout the sidewalk
area to keep the water from going into the storm sewer.
Commissioner Hodges asked if there was any consideration given to changing the 200
square feet size limit for a dining area. Mr. Andrew stated the Design Review Board
discussed cleanup item for staff to either change the code to allow for dining areas over 200
square feet or adopting a sliding scale based on the amount of street frontage a restaurant
had.
Michael Schrage, Deputy City Manager, stated based on the code it was a surprise by staff
that the issue for wastewater disposal had not come up before now. A conversation ensued
between the Commission, Mr. Schrage, Mr. Andrew and Greg Bengtson, City Attorney,
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regarding the disposal of wastewater from cleaning the sidewalks and furniture.
Martha Tasker, Director of Utilities, provided information on the disposal of wastewater.
Commissioner Hoppock asked if the items could be tabled until research could be done
regarding the disposal of wastewater from cleaning the sidewalks and :furniture. Mr.
Andrew stated the items both were time sensitive due to being presented at the Design
Review Board but staff felt the item should be approved correctly.
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8 Lauren Driscoll, Director of Community & Development Services, asked for a five (5)
minute break to allow staff to research the wastewater disposal piece. The City Commission
c) recessed for a break at 6:24 p.m. and reconvened at 6:30 p.m.
Mr. Andrew stated the license agreement indicated that attached to the license agreement
would be a site plan of the approved area, the sidewalk dining application, the sidewalk
café ordinance and the administrative regulations adopted pursuant to the ordinance. He
continued to state the administrative regulations were promulgated by the city manager
and could be modified by the city manager. He also stated that the approval of the Design
Review Board was a recommendation only.
Mr. Schrage provided additional information regarding allowing the city manager to
promulgate the administrative regulations.
18-0173 Moved by Commissioner Hodges, seconded by Commissioner Hay, to adopt Resolution No. 18-
7551 authorizing the Mayor to execute a Sidewalk Café License Agreement with Blue Skye
Brewery and Eats, LLC authorizing placement and construction of an outdoor sidewalk dining
area in the Santa Fe Avenue right-of-way abutting the Blue Skye Brewery at 116 North Santa Fe
Avenue recognizing that the specific condition no. 4 will be addressed by the City Manager. Aye:
(5). Nay: (0). Motion carried.
(8.2) Resolution No. 18-7552 authorizing the Mayor to execute a Sidewalk Café License
Agreement with Samy's OC, LLC authorizing placement and construction of an
outdoor sidewalk dining area in the Santa Fe Avenue right-of-way abutting the Old
Chicago Restaurant at 214 South Santa Fe Avenue.
Dean Andrew, Director of Planning, explained the application submittal requirements,
application proposal, review process, staff comments, Salina Business Improvement
District No. 1 Design Review Board recommendation and action options.
Commissioner Hodges asked if the photo included in the packet would be what the dining
area would look like here. Mr. Andrew stated the photo was of Old Chicago in Manhattan
which does not have public sidewalks adjacent to the outdoor dining area. He continued to
state the photo was to provide information on the look of the furniture that would be used
in the dining area.
18-0174 Moved by Commissioner Hodges, seconded by Commissioner Hay, to adopt Resolution No. 18-
7552 authorizing the Mayor to execute a Sidewalk Café License Agreement with Samy%s OC, LLC
authorizing placement and construction of an outdoor sidewalk dining area in the Santa Fe
Avenue right-of-way abutting the Old Chicago Restaurant at 214 South Santa Fe Avenue
recognizing that the specific condition no. 4 will be addressed by the City Manager. Aye: (5). Nay:
(0). Motion carried.
OTHER BUSINESS
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(9.1) Request for executive session (real estate and legal).
I move the city commission recess into executive session for minutes to discuss
the potential acquisition of specific real estate, the identification of Which would be
contrary to the public interest, based upon the need for the preliminary discussion
z of the acquisition of real property pursuant to K.S.A. 75-4319(b)(6). The open
w meeting will resume in this room at p.m.
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I move the city commission recess into executive session for _ minutes to discuss
the City's legal obligations and options relating to perimeter road annexation with
legal counsel based upon the need for consultation with an attorney for the public
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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 iii this room at
p.m.
18-0175 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to recess,into executive
session for 20 minutes to discuss the potential acquisition of specific real estate, the identification
of which would be contrary to the public interest, based upon the need for preliminary discussion
of the acquisition of real property, pursuant to K.S.A. 75-4319(b)(6). The open meeting will
resume in this room at 7:07 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 6:47 p.m. and reconvened at 7:07
p.m. No action was taken.
I18-0176 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to recess into executive
session for 30 minutes to discuss the City's legal obligations and options relating to perimeter road
annexation 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 7:39 p.m. Aye: (5). Maly: (0). Motion
carried.
The City Commission recessed into executive session at 7:09 p.m. and reconvened at 7:39
p.m. No action was taken.
18-0177 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to extend the current
executive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 7:39 p.m. and reconvened at 7:49
p.m. No action was taken.
18-0178 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to extend the current
executive session for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 7:49 p.m. and reconvened at 8:04
p.m. No action was taken.
ADJOURNMENT
I18-0179 Moved by Commissioner Hoppock, seconded by Commissioner Davis, that the regular meeting of
the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 8:04 p.m.
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[SEAL] Karl F. Ryan, Mayor
ATTEST
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Shandi Wicks, CMC, City Clerk
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