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12-03-2018 Minutes CITY OF SALINA,KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 3, 2018 4:00 p.m. The City Commission convened at 2:30 p.m. for Downtown Enhancement & Entertainment Ordinance Discussion and at 3:45 p.m. for Citizens Forum at City-County Building, Room 107. y 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, Interim City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. AWARDS AND PROCLAMATIONS None. CITIZENS FORUM Rachel Dix, 129 S. Tenth Street, provided information on a business she operated at 701 Bishop. She continued to provide information regarding the hurdles she had on obtaining an occupancy permit and building permit for the property. Michael Schrage, Interim City Manager, provided information on the building codes, spoke to the specific request and provided information about the need for available parking. A conversation ensued between Mr. Schrage and Ms. Dix regarding the deed restriction requirement on the shared parking agreement. Lauren Driscoll, Director of Community & Development, stated she would be willing to work with Ms. Dix regarding the shared parking issue and get something resolved. Joan Ratzlaff, Salina, provided information on citizen advisory boards and stated there were some holes in the process of allowing the citizen board members to participate in the discussions. She continued to provide information on the need for a staff person that coordinated training for boards, obtaining feedback from the boards or creating a counsel of boards. Michael Schrage, Interim City Manager, provided information on the citizen board orientation provided by the city manager and city attorney and individualized board training by the board liaison. - PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) (6.2) Approve the minutes of November 26, 2018. Approve Resolution No. 18-7633 providing for the advisability and authorization related to establishing special improvement district for water, sanitary sewer, street, Page 1 aand drainage improvements in Pheasant Ridge Addition No. 3, Phase II and repeal Resolution No. 18-7619. Commissioner Hodges requested that Item 6.2 be removed from the consent agenda. 18-0496 Moved by Commissioner Hodges, seconded by Commissioner Hay, to approve the minutes of w November 26, 2018 as presented. Aye: (5). Nay: (0). Motion carried. n (6.2) Approve Resolution No. 18-7633 providing for the advisability and authorization related to establishing special improvement district for water, sanitary sewer, street, and drainage improvements in Pheasant Ridge Addition No. 3, Phase II and repeal Resolution No. 18-7619. Commissioner Hodges stated she was not present when the item was originally presented on November 5, 2018, did not have any questions, but wanted to make sure her vote was counted. 18-0497 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Resolution No. 18- 7633 providing for the advisability and authorization related to establishing special improvement district for water, sanitary sewer, street, and drainage improvements in Pheasant Ridge Addition No. 3, Phase II and repeal Resolution No. 18-7619. Aye: (4). Nay: (1) Hodges. Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 18-10988 changing the zoning district classification from A-1 (Agricultural) district to I-3 (Heavy Industrial) district on a 1.8 acre unplatted tract of land located between North 9th Street and North 5th Street. Mayor Rvan noted that Ordinance No. 18-10988 was passed on first reading on November 26, 2018 and since that time no comments have been received. 18-0498 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to adopt Ordinance No. 18- 10988 changing the zoning district classification from A-1 (Agricultural) district to I-3 (Heavy Industrial) district on a 1.8 acre unplatted tract of land located between North 9th Street and North 5th Street on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried. (7.2) Resolution No. 18-7639 authorizing City of Salina staff to commence with such actions to implement the features of the sanitation plan as described herein as supported by the City Commission at recent study sessions including development of fees based on the sanitation services and preferred plan, with additional fees, as specified, for additional services, and repealing Resolution No. 18-7540. Jim Kowach, Director of Public Works, explained the plan, fees, fiscal impact and action options. Commissioner Hay asked for the total number of curbside recycling participants and how many had canceled since the opening of the recycling center. Mr. Kowach stated there were currently 849 participants in the program and about 100 participants have canceled their service since the opening of the recycling center. Commissioner Hay stated there was a private individual that would pick up the recycling and deliver it to the recycling facility for citizens and asked if the private individual would be interested in taking over the 849 customers. Mr. Kowach stated staff had not contacted Page 2 the private party but would include information on alternate resources available in the letter mailed to the participating parties. Commissioner Hay provided his thoughts on canceling the curbside recycling program. Commissioner Davis provided his thoughts on the curbside recycling program. w Commissioner Davis asked if there were any considerations to sorting the recycling instead of having a single stream source. Jim Teutsch, Operations Manager, stated the market was g trending toward single stream recycling versus sorting the materials. He continued to provide information on the contamination of materials at collection and the recycling industry. A conversation ensued between the Commission, Mr. Teutsch and Michael Schrage, Interim City Manager, regarding contamination of materials and the recycling industry. Commissioner Davis asked if staff was aware of the financial model of Abilene's recycling center. Mr. Teutsch stated the operators that are sorting the materials; they hold the product until they have a large enough quantity to be sold. He continued to provide information on the process of materials going to market. A conversation ensued between the Commission, Mr. Schrage and Mr. Teutsch regarding the collection and sorting of the recycling. Commissioner Hay asked if staff could reach out to the private party on the curbside recycling program. Mr. Teutsch stated he was an advocate for creating public/private partnerships and provided information on some public/private partnerships. Commissioner Hodges asked how long the contract with Hutchinson was and if they closed what would happen. Mr. Teutsch stated it was an indefinite contract but if they were no longer open staff would have to find another material recovery facility. Commissioner Hodges asked how many yard waste recycling customers there were. Mr. Teutsch stated about 5,500 customers currently participated in the yard waste program. Mr. Kowach stated any customer could set out yard waste recycling. Commissioner Hodges provided her thoughts on the yard waste program and the current curbside recycling program. Mr. Teutsch provided information on the current programs, proposed programs and the proposed fees. Mr. Kowach provided additional information on the current programs, proposed programs and the proposed fees. Mr. Teutsch provided information on the potential future partnerships with businesses such as the hospital. Commissioner Davis asked what the hospital was currently doing with their plastic waste and what the impact was on the recycling facility for transporting the material. Mr. Teutsch stated he did not know what the current practice was for the hospital and spoke on what the impact would be on the facility. Mr. Schrage asked if the material was separated, how many types would be collected separately. Mr. Teutsch stated the seven plastics, metal, glass, cardboard, paper, and soon aluminum foil. He continued to provide information on the uses of the product collected. A conversation ensued between the Commission, Mr. Teutsch, and Mr. Schrage regarding the recycling facility and proposed program. Page 3 Commissioner Hodges asked how many customers were there currently systems wide. Mr. Teutsch stated approximately 15,100. Commissioner Hodges asked who would be in charge of enforcing the parking violations. Loin Mr. Schrage stated sanitation would be the eyes in the field but ultimately the police department. Commissioner Hodges asked if the police department would be involved in the conversations. Mr. Schrage stated the proposed system would be discussed with the police department to make sure it was enforceable. Commissioner Hodges asked if the private haulers would be required to use the same days for collecting as the City of Salina. Mr. Kowach stated no. Mr. Teutsch provided information on a future created position to help with enforcement. Commissioner Hodges asked if there were any ordinances on the books that referenced the removal of trash carts from the curb. Mr. Schrage stated yes, the carts were to be removed by the evening of the pickup date. Mr. Kowach stated the alley pickup customers equaled about 15% of the customers. Commissioner Hodges asked how parking would be handled on streets with parking allowed only on one side. Mr. Teutsch stated collecting trash was not easy with parking on the streets and it would be something that would have to be addressed. Daniel Eckhoff, 2664 Highland, asked how he could be kept in the loop on the private trash hauling. Mr. Teutsch stated he could contact him and provide him with his contact information. Mary Mertz, 1936 Queens Road, thanked the Commission for their questions and was currently in favor of eliminating the curbside recycling program. She continued to provide information on the changes to the resolution and asked if it was necessary to state what size of containers could be provided. Mr. Schrage stated it could be left out but was intended to help let citizens know the information. She further provided her thoughts on a pay as you throw option. David Norlin, 1608 E. Republic, thanked staff for their hard work on the matter and provided his thoughts on the elimination of the curbside recycling program as being a current customer. Joan Ratzlaff, Salina, provided her thoughts on the plan that was approved in March, the proposed programs and asked the Commission to not adopt the resolution and allow the Solid Waste Management Committee to review the item in a week and a half. Commissioner Hay stated he would like to see that the.resolution be postponed to allow staff to work with the third party for curbside recycling and allow the Solid Waste Management Committee to review the item. Commissioner Hoppock provided his thoughts on the plan and asked how long the postponement of the item would need to be. Commissioner Davis asked if the resolution would affect the submittal date to the State of Kansas. Mr. Schrage stated the City of Salina was an enterprise fund, a landfill operator and a sanitation operator and required to fulfill the requirement of the Solid Waste Management Plan. He continued to state the next agenda item was on the Solid Waste Page 4 Management Plan. Jim Teutsch stated the Solid Waste Management Plan was to be approved and submitted to the State of Kansas by December 4, 2018. He continued to state the Solid Waste Management Committee met in January, 2018 and provided information on the motion of the committee at the time and stated there was not a need to take the item back to the Solid Waste Management Committee. Commissioner Hoppock asked what the pay as you throw option was. Mr. Teutsch stated it was an incentive program that was included in the business plan and feasibility study. He continued to provide information on the incentive options for pay as you throw programs. Commissioner Hoppock asked if the automated truck could pickup multiple cart sizes. Mr. Teutsch stated yes. Commissioner Hoppock asked if the reference to the cart size could be eliminated in the resolution. Mr. Teutsch stated yes. Mayor Ryan provided his thoughts on the cart sizes. A conversation ensued between the Commissioners regarding the proposed program. Commissioner Hodges provided her thoughts on the elimination of the current curbside recycling program. Mr. Teutsch stated the reduction in the size of the carts would not affect a large number of the customers. Mr. Schrage asked if this item was required to be submitted to the State of Kansas. Mr. Teutsch stated what he was sending to the State of Kansas was the record of what took place in 2018. Commissioner Davis asked if the report had to reference the decision on curbside recycling or could that be eliminated to allow time to work it out. Mr. Teutsch stated there was an annual requirement to reaffirm the plan and Addendums A and B would need to be submitted to the State of Kansas. Mr. Kowach stated the plan could be submitted as it currently was and then could be discussed in further detail at a later time. He further stated the cart size could be left out of the resolution with a footnote stating there were ongoing conversations on the cart size. Commissioner Hoppock provided his thoughts on the current curbside recycling program. 18-0499 Moved by Commissioner Hoppock, seconded by Mayor Ryan, to adopt Resolution No. 18- 7639 authorizing City of Salina staff to commence with such actions to implement the features of the sanitation plan as described herein as supported by the City Commission at recent study sessions including development of fees based on the sanitation services and preferred plan, with additional fees, as specified, for additional services, and repealing Resolution No. 18-7540. Mayor Ryan provided his thoughts on the proposed program. Commissioner Davis would like to see more formal action on potential partnerships with private haulers. Commissioner Hodges provided her thoughts on eliminating the yard waste program to allow for the curbside recycling program to remain. Commissioner Davis asked what had to be submitted to the State of Kansas to satisfy the Page 5 Solid Waste Management Plan requirements. Mr. Teutsch stated if the resolution was approved it would be submitted tomorrow. Mr. Schrage asked what the consequences were to submitting the current resolution then tntn making changes to the resolution in three months. Mr. Teutsch stated there would be none. The Clerk called roll at the request of the Mayor. Aye: (2) Hoppock, Ryan. Nay: (3) Davis, Hay, Hodges. Motion failed. Mayor Ryan asked if there was another option to adopt the item. 79 Commissioner Hodges provided her thoughts on the matter. U 18-050 Moved by Commissioner Hay, seconded by Commissioner Davis, to ask staff to send the item back to the Solid Waste Management Committee and staff work with a third party on the curbside recycling program. Mr. Schrage provided information on the role of the Solid Waste Management Plan. Mayor Ryan called the question. Aye: (3). Nay: (2) Hoppock, Ryan. Motion carried. (7.3) Approve Resolution No. 18-7632 reaffirming the Solid Waste Management Plan for Salina/Saline County with addendums. Michael Schrage, Interim City Manager, explained the statutory solid waste management planning responsibilities and the interlocal agreement with Saline County. Jim Teutsch, Operations Manager, explained the plan, addendums and action options. 18-0501 Moved by Commissioner Hay, seconded by Commissioner Davis, to adopt Resolution No. 18-7632 reaffirming the Solid Waste Management Plan for Salina/Saline County with Addendums 1 & 2. Aye: (5). Nay: (0). I\'lotion carried. (7.4) Scheduling and calling a special meeting to conduct City Manager candidate interviews. Natalie Fischer, Director of Human Resources, explained the request and action options. Mayor Ryan asked if the meeting would be at 12:30 p.m. Ms. Fischer stated yes. Commissioner Davis asked where the meeting would take place. Ms. Fischer stated the meeting would be called to order in Room 107, the interviews would be done in another room and if there was a need for additional time to deliberate, room 107B would be available. 18-0502 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to hold a special meeting on to conduct city manager candidate interviews on Thursday, December 6, 2018 at 12:30 p.m. Aye: (5). Nay: (0). Motion carried. (7.5) Authorize financial contribution to Salina Airport Authority for economic development services. Michael Schrage, Interim City Manager, explained the request, fiscal impact and action options. Commissioner Hay asked if the county benefited from the economic development and why there was not a funding request from them. Mr. Schrage stated the City of Salina funds Page 6 were set aside and he would let Mitch Robinson provide information on the request. Mitch Robinson, Salina Community Economic Development Organization (SCEDO), stated the request did not go before the Saline County Commission. Tim Rogers, Salina Airport Authority Executive Director, stated the county did not have a fund for economic development and the funds the City of Salina collected covered the entire county. Mr. Schrage provided additional information on the economic development fund. Commissioner Hodges asked what the county's level of participation was on the SCEDO. Mr. Robinson stated the City of Salina contributed $250,000 with Saline County and the Salina Airport Authority contributing $20,000 each and the SCEDO providing S30,000 from a ° the reserve fund. Mr. Robinson provided information on the request and the review by the SCEDO board. Mr. Rogers provided information on the Law Firm of Baker Donelson and the projects to be funded. Commissioner Hoppock asked what the approximate number of jobs and salary ranges would be for these projects. Mr. Rogers stated approximately 200 to 300 jobs with salaries ranging from 525 to 535 an hour. Commissioner Hoppock asked when staff expected a decision to be made on the MQ-9 project. Mr. Rogers stated he needed the staff of Baker Donelson to represent the airport. Commissioner Hoppock asked if staff had references on Baker Donelson. Mr. Rogers stated Baker Donelson was instrumental in the creation of the tower upgrades and the airport surveillance radar system. He continued to provide information on the support of Baker Donelson throughout the State of Kansas. Commissioner Hodges asked if Mr. Rogers was comfortable with the relationship with Baker Donelson. Mr. Rogers stated yes and it was of the request of the Kansas Department of Commerce to add to the current contract. Commissioner Hodges asked if the new incoming Governor or Secretary of Commerce would have any effect on the program. Mr. Rogers stated they would not, the project was moved to the transition team. Commissioner Hodges asked if there was any type of assurance that another community would not be represented by the same firm for the same project. Mr. Rogers stated Baker Donelson would not represent another city in the United States on the same projects. Commissioner Hodges asked if the request for lobbying was an A-tvpical request. Mr. Schrage stated he was not sure if there was a history of requests for lobbying. Mr. Rogers stated Baker Donelson would be advocates to access the levels of information needed to advocate on our behalf. • Commissioner Hodges provided her thoughts on the request. Commissioner Hodges stated there was a request for $50,000 that was funded to the Salina Airport Authority. Mr. Rogers stated the request was for the Global Aeronautics Initiative and provided information on the initiative. Commissioner Hodges asked at what point we could expect to see an economic development policy to help verbalize the priorities. Mr. Schrage stated there was an upcoming study session in January 28, 2019 to provide an update on the K-State Global Page 7 Aeronautics Initiative. He also stated a policy had been drafted and provided additional information on the resources available and noted there had not been a time table set for adopting the policy. Commissioner Hodges stated it was hard to measure the deliverables but this specific request had deliverables listed. Mr. Rogers stated the deliverables for this request would be the jobs. He continued to provide information on the deliverables available. y Mr. Schrage continued to provide the measurable on the projects. Commissioner Davis provided information on the request. 18-0583 Moved by Commissioner Davis, seconded by Commissioner Hay, to authorize contribution of S30,000 to the Salina Airport Authority for the purpose of securing the services of Baker Donelson to assist the Salina Airport Authority in assessing and facilitating success in opportunities associated with the MQ-9 MOD Center project, General Atomics, the Air Force, and the Kansas National Guard and to provide assessments of efforts, strategy development, bid and proposal work, and other advocacy activities in support of efforts identified by the Salina Airport Authority. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Conunissioner Hodges asked for a five (5) minute break before the executive session at 7:05 p.m. (9.1) Request for executive session (legal). I move the city commission recess into executive session for minutes beginning to discuss the road annexation and impact fee agreement with Saline County with legal counsel based upon the need for consultation with an attorney foi 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. 18-0504 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to recess into executive session for 30 minutes beginning at 7:10 p.m. to discuss the road annexation and impact fee agreement with Saline County 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 7:40 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:10 p.m. and reconvened at 7:40 p.m. No action was taken. 18-0505 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to recess into executive session for 20 minutes to discuss the road annexation and impact fee agreement with Saline County 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 8:00 p.m. Aye: (5). Nay: (0). Motion carried. Page 8 ADJOURNMENT 18-0506 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 8:02 p.m. z 0. /4 I l tu S y [SEAL] Karl F. Ryan, Mayor ATTEST: U Sta.ciac:LOW* Shandi \Vicks,CMC, City Clerk 11 11 Page 9