10-22-2018 Minutes CITY OF SALINA,KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
October 22,2018
4:00 p.m.
The City Commission convened at 3:30 p.m. for the Salina Field House Qualified Active Low-
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Income Meeting in City-County Building, Room 107B and at 3:45 p.m. for Citizens Forum in City-
y County Building, Room 107.
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
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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, Interim City Manager; Greg Bengtson, City Attorney; and Allison
Strait, Deputy City Clerk.
AWARDS AND PROCLAMATIONS
(3.1) The day of November 1, 2018 as "Extra Mile Day" in the city of Salina. Brenda
Gutierrez, Program Director at Salina Area United Way, read the proclamation and
announced associated events.
(3.2) The month of November 2018 as "National American-Indian Heritage Month" in
the city of Salina. Diane Sultani, American Indian Chairperson of Daughters of the
American Revolution Organization, read the proclamation and announced
associated events.
(3.3) The week of October 22-27, 2018 as "National Volunteer Week" in the city of Salina.
Rodney Denholm, Circles of the Heartland Coach, read the proclamation and
announced associated events.
(3.4) The month of October 2018 as "Bullying Prevention Month" in the city of Salina.
Emmett Hopkins read the proclamation and announced associated events.
CITIZENS FORUM
Marcie Moberly, 300 East Wayne Avenue, requested the Animal Shelter be removed from
under the Parks and Recreation Department and requested a full investigation into how
things are ran at the Animal Shelter and manager staff. She also went on to express her
thoughts on animal abuse accusations towards her.
Mr. Schrage provided information regarding the accusations of animal abuse surrounding
Marcie Moberly.
Commissioner Hay requested this be brought up under other business for more discussion.
Mark Labes, Salina, stated that he was told, along with other contractors, by Building
Services that no work was to be done without a chimney liner on a property he is working
on and the issues surrounding the code sections. He also stated code sections regarding
right-of-entry for inspections and violation of laws.
Commissioner Hodges asked if there was an option to appeal and what the process was.
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Lauren Driscoll, Director of Community and Development Services, stated there is an
appeals process involving the Building Advisory Board and went on to explain the process.
She also stated Sean Pilcher, Building Official, was compiling information for Mr. Labes.
Mike Schrage, Interim City Manager, stated that the Building Advisory Board is comprised
of different tradesmen experienced in building codes.
Nikole Krob, 231 South Clark, asked if there was a status update on moving the Animal
Shelter.
Mr. Schrage stated he was meeting with the Friends of the Animal Shelter tomorrow and
explained he is more concerned addressing the issues on the NACA report and didn't
expect a timeline for moving the Animal Shelter.
Ms. Krob also apologized for misspeaking on the gymnastics program moving from the
Parks and Recreation Department.
Norman Mannel, Salina, suggested there be a review board that is detached from public
officials and went on to explain other cities that have review boards.
Mr. Schrage added that there is a Disciplinary Advisory Board, but since no action was
taken in regards to the personnel matter for the Animal Shelter, they were not used.
Brian Frazier, 512 South Eighth Street, stated he would hope that the commission would
stay in touch with the various organizations that showed interest in regards to helping with
the city manager search.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of October 15, 2018.
(6.2) Acceptance of the offered drainage easement dedications for the detention ponds
serving the Foley Equipment development at 2225 N. Ohio Street and authorize the
Mayor to sign the easement documents accepting the easement dedications on
behalf of the City.
18-0432 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Resolution No. 18-7615 authorizing the City of Salina to enter into transactions
related to the City's utilization of New Market Tax Credits (NMTC) to finance the
development of parking lot improvements.
Michael Schrage, Interim City Manager, explained the request, fiscal impact and action
options.
Commissioner Hoppock stated he was involved in facilitating the closing of the transaction
in 2016, but that there is no new title work at this time and he is only acting as a facilitator.
Commissioner Davis stated that none of this would have been possible if it wasn't for the
property donation by Blue Beacon International and continued by thanking them.
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Commissioner Hodges asked if the amendment of the contract would be available. Mr.
Schrage stated it may be treated differently since it is not a city document, but he would
check on it.
Randall Holm, 848 Custer Street, asked if the NMTC was from local taxpayer money. Mr.
Schrage stated it was federal tax credits that were able to be sold in return for funding for a
particular project.
Mr. Holm asked what percentage the thirty (30) parking spaces made up and if the
taxpayers were responsible for maintaining them. Mr. Schrage stated they were reserved
between 7:30 a.m. and 5:00 p.m., Monday through Friday with the thought the night and
8 weekend activity of the Fieldhouse would be complimentary to the use of the parking lot.
Jim Kowach, Director of Public Works, added that there is approximately sixty-nine (69).
18-0433 Moved by Commissioner Hay, seconded by Commissioner Davis, to adopt Resolution No. 18-7615
authorizing the City of Salina to enter into transactions related to the City's utilization of New
Market Tax Credits (NMTC) to finance the development of parking lot improvements. Aye: (5).
Nay: (0). Motion carried.
(7.2) Resolution No. 18-7613 authorizing the offering for public sale of General
Obligation Temporary Notes and Bonds.
Debbie Pack, Director of Finance & Administration, explained the projects, sale date, fiscal
impact and action options.
Commissioner Hodges asked if the notes and bonds being issued were being issued in
place of the ones that mature on December 1, 2018. Ms. Pack stated part of them would be
and the other part would be refinanced with additional Temporary Notes or Bonds.
Commissioner Hodges asked if this was a normal process in terms of soliciting bids since
they didn't mature until December 1, 2018. David Arteberry, George K. Baum&Company,
stated that the Temporary Notes will close in December, but there is still several weeks of
work that would need to be done between the sale of the notes and bonds and the closing.
He went on to explain the previous process of selling notes and bonds, but added that this
process was different due to the scheduling and dates available.
Commissioner Hodges asked if they usually include interest rate perimeters when
soliciting those bids. Mr. Arteberry stated they usually don't due to there being such a short
period of time from when the bids are opened and they get the results, but because this
. time there was a little longer time period between the two, they went ahead and added
them. Mr. Schrage added that they took this approach as they are relying on their
judgement of what the market will bare.
A conversation ensued between Commissioner Hoppock and Mr. Arteberry on how the
mid-term elections may affect the interest rate.
Commissioner Hoppock asked what these types of bonds are selling at today. Mr.
Arteberry stated they are in the range of 3.25% to 3.5% for the bonds and are not to exceed
3.25% for the notes. Mr. Schrage added that an alternative would be to call a special
meeting and take action,but were trying to avoid having to do that.
Commissioner Hodges asked if they would exceed bids at their higher limit by announcing
this information and if there was a certain timeline in acting on this since they were
deviating away from how it's been done in the past. She then added that this could have
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been acted on previously due to it being an anticipated item. Mr. Schrage stated that, in
respect to the market, it is much broader and is still competitive and they will bid on the
lowest interest rate. He added that other things had dominated their timeline in regards to
the timing of this item being brought up.
Commissioner Hodges asked what the City's bond rating is. Mr. Arteberry stated that it is
w currently an AA3,but a new one will be released tomorrow.
N Commissioner Hodges then asked if results from the audit effects bond rating. Ms. Pack
stated that all of the 2015 and 2016 audits are complete and should have it to them in the
next couple of weeks. Mr. Schrage added that waiting on those audits hindered the
timeline.
Commissioner Hodges asked if there was an anticipated change in bond rating. Mr.
Arteberry stated they interpreted that there wouldn't be any changes, but the rating
committee would make the ultimate decision in making that change if necessary.
Commissioner Hodges asked if a better rating would qualify them for a lower interest rate.
Mr. Arteberry stated that a change in rating, whether lower or higher, would only be a 0.1%
change in interest rate.
Daniel Eckhoff, Highland Avenue,Salina, asked for clarification on the percentage rate they
are selling them at. Mr. Arteberry stated they aren't selling them now, but will be doing so
in a couple of weeks and added that's why they would want a little bit of cushion in case
rates go up by then.
Commissioner Hodges asked if the current process represents a change in policy that this is
the process in the future, or if this was a one-time process. Mr. Schrage stated that he
wasn't aware of there being a policy of how the commission needs to approve, but that it
only states that it needs commission approval. He then added that this process was an
exception due to the timing and didn't expect this to be the process each time. Mr.
Arteberry added that they needed to close by December 1, 2018 or incur additional costs.
18-0434 Moved by Commissioner Hay, seconded by Commissioner Davis, to adopt Resolution No. 18-7613
authorizing the offering for public sale of General Obligation Temporary Notes and Bonds. Aye:
(5). Nay: (0). Motion carried.
(7.3) Discussion on Police Training Center/Range.
Chief Brad Nelson explained the initial assessment, facility design and project, the
proposed project, fiscal impact and action options.
Mike Schrage, Interim City Manager, explained the three (3) options for obtaining a
building contract and that this project isn't any of those three (3) options. He added that the
option in front of them is the best option in terms of taxpayer money.
Mr. Schrage went on to explain the timeline of the proposal of designing the facility, where
they are in the process and what has happened since it was last brought to the commission.
He also explained the process and needs depending on if they choose to go with the
Centerfire Range or a newly designed facility from a design group and added that this is
not a typical project with the typical process.
Commissioner Hay stated he was concerned with the cap that is to be spent and that the
projected cost for the Yost Drive project would be higher and projected costs for the
Centerfire Range were under. Chief Nelson stated that these were two completely different
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buildings and went on to explain that the costs would be equal when including the cost
recovery for the Yost Drive building. Mr. Schrage added it is a cost benefit decision and
their intention wasn't to create two designs with the same cost, but rather to lock in the cost
to the best of their abilities. He then explained the background regarding the cost recovery
for the Yost Addition and that it isn't a cost the City would have to cover.
Mayor Ryan stated he would prefer to hear from other individuals involved before a
decision was made.
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Bill Bergiadis, CEO of Troy Acoustics, stated they are specialized in shooting range
acoustics and explained the different areas they provide services to. He explained the pros
8 and cons of the two different buildings, the negative health impacts of not having quality
acoustics in shooting ranges, and the potential of OSHA violations depending on noise
exposure in each design. He added that each design was significantly different and didn't
see a call out for acoustics in the DMA design.
Commissioner Davis asked what it would take to fix the DMA design or if it's fixable. Mr.
Bergiadis stated they would need to add the acoustics in the design, which is currently not
added, and they would need to adjust the location of the HVAC units. He added that it
could be done,but wouldn't have a cost estimate until it was added into the design.
Commissioner Davis asked if the cost estimate for the building was just an estimate that
hasn't been bid yet. Matt Veasman, Architect for Police Facility Design Group (PFDG),
stated that was correct, they just did an estimate in August and were going with a
traditional design that could have been done by now if the Centerfire Range issue hadn't
come up.
Don Marrs, DMA Architects, speaking on behalf of his client Tom Pestinger, stated it was
his intent to tell what had been done at the August meeting and had comments written on
the blue sheet from that meeting for commissioners to read. He stated that the comments in
today's blue sheet in regards to DMA Architects were inaccurate and went on to explain his
corrections and concerns with the comparison between the two buildings. He stated that
this has been a difficult and uncomfortable process to deal with at the request of the
commission.
Commissioner Davis stated that the project had already been started and that it was DMA
Architects that came to them with the idea.
Mayor Ryan asked if his design fulfills the acoustic concept. Mr. Marrs stated their design is
equivalent to PFDG's in all aspects and went on to explain his frustrations with the
information requested of DMA Architects.
Commissioner Hoppock asked if they are using the same acoustic company. Mr. Marrs
stated they had contacted Troy Acoustics, but his proposal wasn't current due to it being
more than 30 days since being issued.
Mr. Schrage asked if the equivalent design is the concrete roof design. Mr. Marrs stated that
was correct.
Mayor Ryan stated that he liked DMA Architect's location better than the Yost Drive
location and that the bid for Centerfire Range was to be published online in February of
2019, and asked if that timeline was still correct. Mr. Marrs stated that they had other
entities interested in purchasing the property, but they were waiting on a response from the
City due to Mr. Pestinger's desire to sell the property to the City and give them an
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opportunity to purchase before going on to other inquiries.
Commissioner Hoppock asked if his property was tied into city sewer. Mr. Marrs stated
that a septic system has been installed according to code requirements, but has the ability to
tie into city sewer which is included in the price. Mr. Schrage added that it was preferred
they be connected to city sewer.
Commissioner Hoppock asked if the concern regarding the thickness in the floor for
y vehicles had been addressed. Mr. Marrs stated they were planning on taking out floors and
putting in a reinforced floor in all of the vehicle areas, which is included in the cost as well.
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Commissioner Davis stated that the location didn't seem as important due to the facility
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only being used by off duty officers.
Commissioner Hay asked if either location would be better in regards to response time and
tactical vehicles being stored there. Chief Nelson stated that it would depend on location of
the call if it is relevant or not and added that most training is off duty.
Commissioner Hoppock stated he doesn't have enough information to make a decision. He .
then asked, in terms of acoustics, how often someone is in the firing range at the same time
someone is using the training room. Chief Nelson stated that the new facility will provide
the ability to have more shooting practice than before.
Commissioner Hay stated his concerns with going out to bid bringing in a higher amount.
A conversation ensued between Commissioner Davis and Commissioner Hay regarding
the possibility of bids received and their amounts.
Chief Nelson explained the process of getting to the point of putting in a concrete roof in
the Centerfire Range. Mr. Schrage added that they needed to go through other review
outside of himself and Chief Nelson that they are not qualified to make decisions on. He
then explained the timeline in regards to sorting out the acoustics and engineering design
and added that there was additional communication other than the emaiLs provided to
them.
Commissioner Hoppock stated that the energy report made the two buildings comparable,
but asked if the longevity and cost of upkeep was comparable also. Mr. Schrage stated that
he wasn't able to get an opinion on it. Chief Nelson added that was correct, he wasn't able
to find that information either.
Chief Nelson then stated there was a recently added option to purchase Mr. Pestinger's
building and add another building onto it if they didn't care for his building.
Commissioner Hay asked if Mr. Bergiadis would work with the DMA group. Mr. Bergiadis
stated he had no desire to work with them and went on to explain that Troy Acoustics did
not provide a proposal or guarantee to DMA in regards to the acoustics. Mr. Schrage then
asked if he would review designs if the City would provide them on behalf of Mr.
Pestinger. Mr. Bergiadis stated yes.
Commissioner Hodges asked if there would be a construction manager similar to what they
had done with the Tony's Pizza Events Center. Mr. Schrage stated that in a typical design
bid/build approach you would rely on the architect, but used an owner's representative for
the Feildhouse project to review in greater detail than what an architect might do which is
what the PFDG's role would be for the Centerfire Range location.
Tom Pestinger, 125 East Avenue A, thanked the commission, Chief Nelson and Mr. Schrage
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on their work and explained the importance of getting a facility built and stated his
concerns with Mr. Bergiadis not wanting to work with them. He then suggested a third
option to the commission to buy the lot for $110,000 and $96,000 for utilities with a total of
$206,000. He stated his main goal is to get the facility built and to take care of the Police
Department.
A conversation ensued between Mr. Pestinger, Chief Nelson and Mr. Veasman on the
acreage of the lot and what is needed.
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Commissioner Davis requested an eight(8) minute break.
Carolyn Peterson, 2052 Leland Way, stated that fifty-one (51) officers have been killed in
the line of duty, one (1) in Wichita, since the last discussion on this item and expressed the
importance of training these officers. She expressed the importance of them buying what
they were originally set out to buy and not being able to alter everything to fit their size.
Randall Holm, 848 Custer Street, stated that the centrally located facility would be a better
fit for law enforcement and their response time. He went on to express his concerns with
saving taxpayer money when deciding on which facility to go with and the unexpected
increase in costs when going with building a brand new facility.
Marcie Moberly, 300 East Wayne Avenue, stated her desires in having a facility they can
use to prevent situations in the future.
Luci Larson, 214 East Key Avenue, commended Carolyn and stated that going with the
most inexpensive option isn't always the best. She stated that option three (3) is a win, win
for everybody and requested that they didn't wait another few months to make this
decision due to the Police Department needing this facility for training.
Daniel Eckhoff, Highland Avenue, stated that there is a prioritization in terms of spending
money in government. He added that the department is understaffed and providing the
premier equipment and facilities is needed.
Commissioner Hay stated he wished option three (3) was on the board earlier and that this
option is a lot easier to support than earlier, but is still wanting to be assured that money is
being spent in the best way possible.
Mayor Ryan stated that location and speed of getting it up and running are two important
aspects and is in favor of moving forward in terms of finalizing a plan with DMA
Architects.
Commissioner Hodges stated it is a big investment as far as taxpayer money,but that this is
something that needs to be invested in. She added that her preference is to design a facility
specific to their needs designed by the PFDG in either location and hopes to move forward
today.
Commissioner Hoppock stated this process has taken longer due to the need to supply the
Police Department with a good facility and give the taxpayers a chance to look at the other
facility. He stated he liked the North Street location better, but is concerned with retro-
fitting the current building. He then added the money spent is minimal when looking at the
length of use for the facility and asked the Police Department to look at opening it up to the
public in regards to safety concerns with the amount of people that conceal carry. Chief
Nelson stated that he is in favor of it, but would need to have it looked at by Risk
Management.
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Commissioner Hay asked that they look at putting the facility at the North Street location if
they choose to go with PFDG. Mr. Schrage added the savings is there, it would just be a
matter of splitting the lot and reaching an agreement on the terms.
18-0435 ' Moved by Commissioner Davis, seconded by Commissioner Hodges, to direct staff to entertain
Option No. 3 to purchase the lot from Mr. Pestinger on North Street and build the design by Police
Facility Design Group on said lot next to the Centerfire Range. Aye: (4). Nay: (1) Ryan. Motion
carried.
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(7.4) Resolution No. 18-7614 requesting an extension of the compliance deadline date as
previously ordered by Resolution No. 18-7574 related to repairs or demolition of a
o dangerous structure located at 540 West Iron Avenue.
Sean Pilcher, Building Official, explained the violation, the requested extension and action
options.
Commissioner Hay asked how much of an extension Mr. Booher might need. Mr. Booher
stated it was difficult to give an estimate due to other arising issues, but stated the situation
has improved. He then requested the extra time to get it done.
Commissioner Hay stated the upcoming winter months will hinder his work and there is
still a lot to be done, but he didn't have a problem extending his time as long as he had an
estimated time of completion.
Mr. Booher stated he hasn't been able to secure a loan or a credit card, but is buying
materials as he can. He then asked what the main areas were that needed to be addressed
to get it out of dangerous structure status. Mr. Pilcher explained the list of things that will
need to be fixed to have it removed from the dangerous structures list.
Mayor Ryan stated he would like to give him another chance, but didn't think he would be
able to overcome the challenges in a reasonable amount of time.
Commissioner Hoppock stated his concerns with the foundation issue and asked if he
received a quote from a contractor to fix it. Mr. Booher stated he hadn't got to that point yet
and then went on to explain his approach to the timeline of fixing things.
Commissioner Davis asked for his long range plan for the property. Mr. Booher stated that
his intention was to get to a point to have a viable property to sell.
Commissioner Davis asked if it would be wiser to start at the foundation or the roof first.
Mr. Booher stated it was pointless to fix a foundation when you have a roof allowing water
in that will ruin the foundation. Mr. Schrage then asked if he could do the roof work
himself and if he would have to contract out the foundation work. Mr. Booher stated he
could do the roof, but would take the recommendation of contracting out the foundation
work.
Commissioner Hay asked if they could allow him to find out the cost of the foundation
repairs and then come back for action. Mr. Schrage stated an option would be to put
together a compliance plan and act on that.
Commissioner Hodges stated there are violations dated back to 2016 and there is a need to
figure out to get some progress. She then expressed her concerns with making a decision
without having a plan and would recommend not extending.
Mayor Ryan stated there is a need for a date of completion and to have a plan by Mr.
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Booher to give him a chance to find out cost of everything before making a decision. Mr.
Schrage added that they can make changes to the resolution to add the compliance plan
and other added changes.
Mr. Booher asked what his next steps should be as far as moving forward with construction
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and if it's okay to move ahead with fixes until a full decision is made.
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Commissioner Hodges asked what the elements of a compliance plan would look like. Mr.
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Schrage stated he would need to respond to each itemized fix as far as estimated cost and
estimated timeline of completion by December 3, 2018.
Mr. Schrage suggested he start working on bids right away in order to have information for
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the compliance plan.
18-0436 Moved by Commissioner Hodges, seconded by Commissioner Davis, to approve Resolution No.
18-7614 granting an extension of the compliance deadline date as previously ordered by Resolution
No. 18-7574 making the following change within Section 2 of the resolution to read "the owner is
directed to diligently prosecute the repair or removal of the structures and to make the premises
safe and secure as well as prepare a compliance plan with staff by December 3, 2018" Aye: (5).
Nay: (0). Motion carried.
(7.5) Resolution No. 18-7610 authorizing the Interim City Manager to permit the Salina
VFW Post #1432 Auxiliary (VFW) volunteers to solicit within the City's rights-of-
way.
Mike Schrage, Interim City Manager, explained the request and action options.
Mayor Ryan asked if this is a one-time event. Mr. Schrage stated yes, the approvals are
event by event.
Commissioner Hoppock asked if MDA is the only one that's been allowed to do this. Mr.
Schrage stated this is the only one that has applied and been approved.
Commissioner Hay asked if this would open it up to allow others to apply. Mr. Schrage
stated if they allow some, they need to be open to allow others.
Norman Mannel, Salina, stated the State of Kansas is in a lawsuit over something similar
and expressed his concern with the liability of allowing this in the city.
18-0437 Moved by Commissioner Hodges, seconded by Commissioner Hay, to approve Resolution No. 18-
7610 authorizing the Interim City Manager to permit the Salina VFW Post #1432 Auxiliary (VFW)
volunteers to solicit within the City's rights-of-way and to direct staff to develop a process to allow
the City Manager to approve these permits on an event by event basis.
Commissioner Davis asked if it is stated in the Standard Traffic Ordinance (STO) if
solicitation is only allowed when the light is red. Greg Bengtson, City Attorney, stated that
it didn't appear to be,but it is something that can be addressed if the issue arises.
Commissioner Hoppock asked if liability insurance was required and what the minimum
was. Mike Schrage, Interim City Manager, stated that the minimum was $500,000. Dean
Andrew, Director of Planning, stated that their insurance was received and approved by
Risk Management.
Mayor Ryan called the question. Aye: (4). Nay: (1) Hoppock. Motion carried.
(7.6) Single-use plastic bag ban inquiry update.
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Jim Kowach, Director of Public Works, provided information regarding the ban of plastic
bags in other cities and action options.
Commissioner Davis asked if there is a local organization that could do the work of getting
information instead of city staff.
Commissioner Hay stated he did research and didn't find any issues state-wide as far as
banning plastic bags and continued stating his concerns with plastic bag waste. He added
there is a need for more research and time to transition into this change, but feels there is a
need to move forward with it.
Commissioner Davis stated there is a need for them to be accepted at the recycling center so
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citizens have a place to get rid of them. Commissioner Hodges added that there is recycling
available for them at Dillon's and Target.
Commissioner Hodges suggested they move it out another six (6) months to gather more
information. Commissioner Davis added that there is a group out there that may be a good
place to start in gathering this information.
Mayor Ryan asked if the Solid Waste Management Committee (SWMC) would be a good fit
to get the information. Mr. Kovach stated that the SWMC wouldn't be a good fit in terms
of policy and the duties of this committee.
Commissioner Hoppock stated that there is more on their plate and this wasn't a priority in
terms of using staff time to get this information.
Commissioner Davis asked if it would be against policy if he and Commissioner Hay
reached out for information.
Mr. Schrage stated they will need to find health reasons for banning plastic bags and that
will be a key part in their action in order to not waste staff and volunteer time. Greg
Bengtson, City Attorney, added that having this data would be the strongest type of
response to support the change.
A conversation ensued between commissioners on the type of health related data that
would be needed in terms of wanting to ban plastic bags.
Norman Mannel, Salina, stated that citizens pay $0.25 per bag in California and suggested
the city follow that example. He also stated his concerns with plastic bags in wildlife.
Jenny Soldan, 902 Gypsum Avenue, stated her concerns with putting pressure on people
below the poverty line that will have to buy the cloth bags instead.
Daniel Eckhoff, Highland Avenue, stated there will be an additional tax that will affect
lower income individuals and recycling plastic bags isn't cost effective. He then added his
concerns with taxing food items and requested the plastic bag discussion be tabled until
taxes on food items can be removed.
Commissioner Davis stated that Kansas is open land and most states aren't like that in
terms of landfill space. He then added his concerns with the amount of trash generated in
general.
Ms. Soldan added that people are more willing to do something if there is an incentive
rather than a punishment.
Mayor Ryan requested this be brought to the first of the year during their strategy session.
Commissioner Hodges stated it would have a better buy-in if it comes from the citizens in
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the community and not just the commissioners.
Mr. Schrage suggested that they bring it back at a city commission meeting instead of a
strategy session. There was a consensus among the commissioners.
(7.7) Resolution No. 18-7616 authorizing the Mayor to enter into an Addendum to
Agreement with Development Strategies, Inc.
Mike Schrage, Interim City Manager, explained the Agreement, the Addendum, fiscal
B impact and action options.
Commissioner Hay asked for clarification on the amount. Mr. Schrage stated that the
number they gave was $65,000, but they still had some work to do. He then added that this
approach was to authorize an additional agreement as needed at an hourly rate that he
could administer.
Commissioner Hodges stated she would like to make sure Mr. Schrage has all of the
information he needs. Mr. Schrage stated there will continue to be a lot of due diligence.
18-0438 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to approve Resolution No.
18-7616 authorizing the Mayor to enter into an Addendum to the August 15, 2016 Agreement with
Development Strategies, Inc. Aye: (5). Nay: (0). Motion carried.
(8.1) Application No. Z18-19, (filed by Westbrook Baptist Church), requesting a change
in zoning district classification from C-7 (Highway Commercial) to C-5 (Service
Commercial) on property addressed as 621 Westport Boulevard.
(8.1a) First reading Ordinance No. 18-10980.
Dean Andrew, Director of Planning, explained the request, zoning requirements, Planning
Commission recommendation and action options.
Mayor Ryan asked if the Planning Commission vote was unanimous. Mr. Andrew stated
yes, there were eight(8) present and eight (8) voted in favor of it.
Commissioner Hoppock asked how the previous owner was using it as C-7. Mr. Andrew
stated the previous owner had a conditional use permit allowing it to be converted from a
restaurant into an office.
18-0439 Moved by Commissioner Hay, seconded by Commissioner Hodges, to pass Ordinance No. 18-
10980 requesting a change in zoning district classification from C-7 (Highway Commercial) to C-5
(Service Commercial) on property addressed as 621 Westport Boulevard on first reading. Aye: (5).
Nay: (0). Motion carried.
(8.2) Application No. Z18-20, (filed by Lighthouse Properties III), requesting a change in
zoning district classification from R-3 (Multi-Family Residential) to C-4 (Central
Business District) on properties addressed as 301 South Fifth Street and 210 East
Mulberry Street.
(8.2a) First reading Ordinance No. 18-10981.
Dean Andrew, Director of Planning, explained the request, zoning requirements, Planning
Commission recommendation and action options.
18-0440 !Moved by Commissioner Davis, seconded by Commissioner Hay, to pass Ordinance No. 18-10981
requesting a change in zoning district classification from R-3 (Multi-Family Residential) to C-4
Page II
(Central Business District) on properties addressed as 301 South Fifth Street and 210 East Mulberry
1 Street on first reading. Aye: (5). Nay: (0). Motion carried.
(8.3) Application No. Z18-21, (filed by the Salina City Commission), amending Article X
Signs in Chapter 42 by adding new Section 42-512 prohibiting the installation of
new electronic changeable copy advertising signs and the conversion of existing
advertising signs to an electronic changeable copy format within the city of Salina.
(8.3a) Consideration of Ordinance No. 18-10982.
Td
(8.3b) Consideration of Ordinance No. 18-10983.
U
Dean Andrew, Director of Planning, explained the existing regulations, prior Planning •
Commission action, current request, Planning Commission recommendation and action
options.
Commissioner Hodges asked how far adjacency extends. Mr. Andrew stated their
understanding of it in regards to the zoning ordinance is the adjacent area means an area
which is adjacent to the right-of-way on any interstate or primary highway and is visible
from the main traveled way.
A conversation ensued between Commissioner Hodges, Mr. Andrew and Greg Bengtson,
City Attorney, regarding the adjacency of the signs.
Commissioner Hoppock asked if it is being placed in city limits does it have to be approved
by city staff. Mr. Andrew stated it would need to be and explained a billboard that he
recently approved.
Commissioner Hoppock asked if the city has any control in the distance the billboard is
from the right-of-way. Mr. Andrew stated there is no doubt the sign has to be adjacent, but
can get confusing in terms of whether it's visible or not. Mr. Schrage added that literal
distance is easier to measure instead of visual distance.
Lauren Driscoll, Director of Community and Development Services, asked if Mr. Andrew
had a recommendation on appropriate distance. Mr. Andrew stated they had discussed
two-hundred (200) feet which was the most common, or could be less than that.
Mayor Ryan asked if the Planning Commission approved this language. Mr. Andrew stated
Planning Commission did approve that the sign be located adjacent to an interstate
highway, but didn't address how far it would need to be from the interstate while still
being on an adjacent parcel.
Commissioner Hoppock asked if they can approve with text amendments and still do first
and second reading today. Mr. Andrew stated yes, and added that it was a quick decision
as far as wording goes.
A conversation ensued regarding the text amendments and width of the road and right-of-
way.
Gary Gleason, Gleason and Son Signs, explained the property line and the placing of the
signs as well as various sign types.
Trace Walker, Brookville, KS, representing Salina 2020 and Lighthouse Properties, stated
they will be seeking a permit for an electronic sign on I-70 for various events in Salina and
added the importance of these signs reaching out to individuals not from Salina.
Paee 12
A conversation ensued between Commissioner Hodges and Mr. Andrew regarding the
wording for the motion and action options.
Mr. Bengtson asked if their objective was to take final action for first and second reading.
He then added that they are implementing a ban on signs other than the interstate and that
it may be helpful to articulate the findings that warrant the ban and the distinction of
allowing them on the interstate as opposed to anywhere else.
Et 3
Mayor Ryan stated his reasons for the ban: pedestrian and traffic safety; aesthetic and
appearance; and property values including preserving and enhancing the appearance of the
0
streetscape. There was a consensus among the commission.
U
18-0441 Moved by Commissioner Hodges, seconded by Commissioner Davis, to pass Ordinance No. 18-
10982 with the following change to Section 42-512 changing the last phrase to read "accept
advertising signs located within two-hundred (200) feet to interstate highway rights-of-way" and
affirming the purpose statements and the findings and conclusions for the ban as presented by
staff on first reading. Aye: (5). Nay: (0). Motion carried.
18-0442 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to declare a compelling
public interest exists for second reading approval of Ordinance No. 18-10982 on the same day as
the first reading. Aye: (5). Nay: (0). Motion carried.
18-0443 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt Ordinance No. 18-
10982 with the following change to Section 42-512 changing the last phrase to read "accept
advertising signs located within two-hundred (200) feet to interstate highway rights-of-way" and
affirming the purpose statements and the findings and conclusions for the ban as presented by
staff on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan.
Nay: (0). Motion carried.
(8.4) Resolution No. 18-7612 authorizing the Mayor to sign a License Agreement with B
&J Furniture, LLC d.b.a. Feldkamp's Furniture to allow the installation of a private
water line and sanitary sewer line within the public right-of-way on South Ninth
Street that would provide water and sewer service to the property located at 1930
South Ninth Street.
Dean Andrew, Director of Planning, explained the request and action options.
Commissioner Hoppock asked if liability insurance is required. Mr. Andrew stated that, in
talking with Risk Management, they will ensure that both Boretec and Superior Plumbing
are licensed and have a certificate of liability insurance on file.
Commissioner Hoppock asked if the license agreement would be filed with the Register of
Deeds. Mr. Andrew stated yes, there is a legal description to be recorded.
18-0447 Moved by Commissioner Hay, seconded by Commissioner Hodges, to approve Resolution No. 18-
7612 authorizing the Mayor to sign a License Agreement with B & J Furniture, LLC d.b.a.
Feldkamp's Furniture authorizing a private water line and private sewer line to be placed in the
South Ninth Street right-of-way within the city. Aye: (5). Nay: (0). Motion carried.
(8.5) Consider the acceptance of the offered utility easement and restricted access
dedications from Salina Building Company, Inc. to serve the Tiger Express
Addition.
Page 13
Dean Andrew, Director of Planning, explained the request, utilities and drainage,
easements and dedications, Planning Commission action and action options.
Commissioner Hoppock stated that an out of state title company is handling the plat and is
excited to see this finally platted.
18-04 8 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to authorize the Mayor to
a
sign the plat and accept the offered utility easement and restricted access dedications on behalf of
the City. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
None.
OTHER BUSINESS
Commissioner Hodges stated that a citizen had contacted her and requested her letter be
included in the record and asked for action options to have this included in the minutes.
18-0449 Moved by Commissioner Hodges, seconded by Commissioner Davis, to include Charlene
Hamilton's letter in the minutes. Aye: (5). Nay: (0). Motion carried. (Documents attached
following minutes).
Commissioner Hay added that he was downtown for the progress party and asked what
would happen if they got rid of two (2) overhead structures and only put up one (1) located
by the alley and one (1) by First Bank Kansas as gateways into downtown.
•
Commissioner Hodges added that she believes having two (2) would be a great
compromise.
Mayor Ryan stated he liked the gateway idea and saving that amount of money.
Commissioner Hoppock stated he had talked to merchants downtown and they do like
them. He then added the danger of not having them in the middle of the block for
crosswalks.
Mike Schrage, Interim City Manager, stated that it is a possibility to change the amount and
location of the overhead structures, but that a contract has been awarded and it would
entail changing several things including: terms of the contract, status of the construction in
regards to proceeding with the project and changing the development agreement. He then
added that not all structures are the same size and they may not see the 50% savings they
are expecting.
Jim Kowach, Director of Public Works, stated that the contractor's expenditures for four (4)
overhead structures is just under $4.5 million and they won't be able to give a cost savings
until they know what is wanted of the commission. He then added that the contractor
would need more information and would need it sooner than later in order to save the
most money due to rising costs of steel.
Commissioner Davis asked if they can get a rendition of what the options would look like.
Mr. Schrage stated that it was possible,but they would need to start with the designers. Mr.
Page 14
Kowach added that it could be done in a short period of time, but would cost to have it
f done.
Mayor Ryan stated he would like to know what the big stakeholders think of the ideas.
Lauren Driscoll, Director of Community and Development Services, asked if there was a
w need to involve the Design Review Board. Mr. Schrage stated they only need to sign off on
the aesthetics going forward.
Commissioner Hodges asked if there was a way to put a pause on where they are in the
construction process. Mr. Kowach stated the concerns with asking the contractors to slow
down or move forward and the outcomes of each option. He then added where the
contractors are on the process for the structures.
Commissioner Hay stated that Marcie Moberly has fostered countless animals without
accounts of abuse and requested giving her another chance and allowing her status as a
foster to be reinstated at the Animal Shelter.
A conversation ensued between Commissioner Davis and Commissioner Hay regarding
the incident in question.
Mr. Schrage stated he is not aware of any process being established in regards to assigning
foster care and that the animal in question was reviewed by a vet who then recommended
they remove all animals being fostered under her care. He then added that the NACA
report stated a lack of organization at the Animal Shelter, but is currently working with
Chris Cotten and Scott Garrie to sort everything out within the Animal Shelter.
Marcie Moberly, 300 East Wayne, stated she appreciated Commissioner Hay's comments.
She then explained her involvement with the shelter, her conversations with Mr. Schrage,
her concerns with fixing the shelter and how it is ran and the liability for the city.
Commissioner Hodges thanked Commissioner Hay for bringing it up as well.
A conversation ensued between Mr. Schrage and Ms. Moberly regarding the timeline and
the reasoning for the decisions made regarding her status as a foster at the Animal Shelter.
Ms. Moberly added that she is licensed with the state through both the Animal Shelter and
SRL (Inc).
Mayor Ryan stated he is confident in staff, but there is an administrative and policy gap.
Mr. Schrage stated he is not aware of any organization that is as frenetic as the Animal
Shelter, and it is going to take a lot of patience to sort it all out.
ADJOURNMENT
18-0450 Moved by Commissioner Davis, 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 9:30 p.m.
1 7. lir
[SEAL] Karl F. Ryan, Mayor
Page 15
ATTEST:
SU
Shandi Wicks, CMC, City Clerk
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