02-25-2019 Minutes CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
February 25, 2019
4:00 p.m.
The City Commission convened at 2:30 p.m. for 2018 Financial Review and at 3:45 p.m. for Citizens
Forum at City-County Building, Room 107.
B The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107,
Ti City-County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of
0' silence.
Those present and comprising a quorum: Mayor Trent W. Davis, M.D. (presiding), Commissioners
Melissa Rose Hodges, Mike Hoppock, and Karl Ryan.
Also present: Michael Schrage, City Manager; Greg Bengtson, City Attorney; and Shandi Wicks,
City Clerk.
Absent: Commissioner Joe Hay,Jr.
AWARDS AND PROCLAMATIONS
None.
CITIZENS FORUM
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of February 11, 2019.
Mayor Davis stated that the consent agenda items would be considered individually.
19-0046 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to approve the minutes of
February 11, 2019. Aye: (4). Nay: (0). Motion carried.
(6.2) Award contract for 2019 Asphalt Mill Sr Inlay, Project No. 90014, to APAC-Kansas,
in the amount of 51,449,036.90 with a 550,963.10 (3.5%) contingency, and authorize
the City Manager to sign the Memorandum of Understanding with Saline County to
mill and inlay a portion of Country Club Road at an estimated cost of 528,156 plus a
56,844 (24.3%) contingency. •
Commissioner Hodges asked for the process of notifying the affected residents of the work
to be performed and how the city holds the contractor accountable for keeping a drivable
surface. Dan Stack, City Engineer, stated staff would send out news releases every Friday
for mill and inlay projects and the contractor would put out door hangers to notify the
residents of working on the street. He stated the contractor would mill the road and then
put back the asphalt. He further provided information regarding a full street rehabilitation
project.
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Commissioner Hodges asked at what point the manhole covers would become flush with
the street. Mr. Stack stated the amount of pavement should be the same before the
resurfacing as it was after the surfacing. He continued to provide information on a new
approach staff was trying to make the manhole covers flush again.
Commissioner Hodges asked when the manhole covers on Ohio would become flush. Mr.
Stack stated the risers were on order so the manholes could be adjusted in the next month
= or so.
u.) Commissioner Hoppock noted that there was a single bidder and if there was a process on
single bids and at what point do you rebid the project. Mr. Stack stated it had been a
struggle to get more than one bid for this project. He continued to state staff had contacted
other bidders trying to entice additional bidders.
A conversation ensued between the City Commission, Mr. Stack and Michael Schrage, City
Manager, regarding bidders for the project.
Mayor Davis asked if Santa Fe was going to be added to next year's schedule for mill and
inlay. Mr. Stack stated Santa Fe between Mulberry and Crawford was removed from this
year's schedule but it could be added back to the schedule.
Mayor Davis asked for clarification on the contingency differences. Mr. Stack stated there
could be more costs to return the road to operation for mill and inlay. Mr. Schrage stated
the contingency for Country Club Road seemed high but was a high percentage due to it
being such a small amount.
Dan Stack, City Engineer, explained the Country Club Road memorandum of
understanding and the procedural background on how projects were handled. Jim
Kowach, Director of Public Works, explained the process for creating asphalt and the
Kansas Department of Transportation (KDOT) Asphalt Index.
19-0047 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to award contract for 2019
Asphalt Mill & Inlay, Project No. 90014, to APAC-Kansas, in the amount of $1,449,036.90 with a
$50,963.10 (3.5%) contingency, and authorize the City Manager to sign the Memorandum of
Understanding with Saline County to mill and inlay a portion of Country Club Road at an
estimated cost of$28,156 plus a $6,844 (24.3%) contingency. Aye: (4). Nay: (0). Motion carried.
(6.3) Award contract for 2019 Pavement Sealing, Project No. 90003, to APAC-Kansas,Inc.
Shears Division of Salina, in the amount of $318,447.80, with a $6,552.20 (2.0%)
construction contingency.
Dan Stack, City Engineer, explained the bids received, the project, fiscal impact and action
options.
Michael Schrage, City Manager, stated there were multiple bids received but the bidders
from out of state could not seem to compete with the local bidder.
19-0048 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to award contract for
2019 Pavement Sealing, Project No. 90003, to APAC-Kansas, Inc. Shears Division of Salina, in the
amount of $318,447.80, with a 56,552.20 (2.0%) construction contingency. Aye: (4). Nay: (0).
Motion carried.
(6.4) Award contract for the 2019 Microsurfacing, Project No. 90016, to Vance Brothers,
Inc. in the amount of$693,462.38 with a $6,537.62 (0.9%) construction contingency.
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Dan Stack, City Engineer, explained the project, bids received, contractor work
schedule, fiscal impact and action options.
19-0049 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to award contract for the _
2019 Microsurfacing, Project No. 90016, to Vance Brothers, Inc. in the amount of$693,462.38 with a
56,537.62 (0.9%) construction contingency. Aye: (4). Nay: (0). Motion carried.
a Michael Schrage, City Manager, stated with the increased amount in sales tax the streets
that were driven on the most, were much improved. He continued to provide information
on a paving index that was done in the past and was looking forward to the results from
another paving index to be performed in the future.
(6.5) Award contract for Ninth Street Tree Removal, Project No. 90001B, to Arbor
Masters Tree Service of Wichita, Kansas, in the amount of $30,845 with a $2,155
(7.0%) construction contingency.
Dan Stack, City Engineer, explained the project, bids received, fiscal impact and action
options.
Commissioner Hodges asked for a review of a tree replacement policy and who a property
owner would need to contact if they decided they wanted to replace their tree. Mr. Stack
stated if a property owner wanted to replace the tree they would contact the City Forester,
Brett Lamer, by the end of March.
19-0050 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to award contract for Ninth
111 Street Tree Removal, Project No. 90001B, to Arbor Masters Tree Service of Wichita, Kansas, in the
amount of $30,845 with a 52,155 (7.0%) construction contingency. Aye: (4). Nay: (0). Motion
carried.
ADMINISTRATION
(7.1) Resolution No. 19-7668 authorizing the Mayor to enter into an agreement with H.W.
Lochner, Inc. to provide engineering services for the Markley/Magnolia Sewer
System Improvements, Project No. 08-2713.
Martha Tasker, Director of Utilities, explained the project, the agreement, fiscal impact and
action options.
Commissioner Hodges stated that approximately $200,000 of the project would be absorbed
by the Valley View Addition. Ms. Tasker stated yes, based on the estimated numbers, the
true cost would be determined based on the final costs from the bid and the engineer's
costs and construction contingency.
Commissioner Hodges asked if the remaining amount would be absorbed by the city at-
large. Ms. Tasker stated the remaining amount would be paid for by the city at-large until
the time when the properties that were currently located outside the city limits would be
annexed into the city limits and would request connection to the city system at which time
they would be charged a benefit fee.
Michael Schrage, City Manager, asked if there were any city at-large costs allocated to the
customers that were currently served by the lift stations that would be taken out of service.
Ms. Tasker stated no, the costs were tied into the overall project cost for the acreage that
was not developed at this time.
Mayor Davis asked if the three specific tasks for the engineering services were tied to a not
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to exceed amount or was it an aggregate total. Ms. Tasker stated it was an aggregate total
and the amounts listed for the tasks were just a best guess.
19-0051 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to adopt Resolution No. 19-
7668 authorizing the Mayor to enter into an agreement with H.W. Lochner, Inc. to provide
engineering services for the Markley/Magnolia Sewer System Improvements, Project No. 08-2713.
. Aye: (4). Nay: (0). Motion carried.
B (7.2) Resolution No. 19-7674 extending the compliance deadline as ordered by Resolution
No. 18-7577 and 18-7620 related to repairs or demolition of a dangerous structure
S located at 425 Russell Avenue.
Sean Filcher, Building Official, explained the request and action options.
Commissioner Ryan asked if staff had a suggested deadline date. Mr. Pilcher stated he
hoped that could be discussed with the property owner today.
Michael Schrage, City Manager, provided information on a couple options available.
Commissioner Hodges asked if the house could be rehabilitated. Mr. Pilcher stated it was
possible to rehabilitate the property.
Steve Suenram, property owner, provided information on the status of completing the
work on the foundation and asked for a 60 day extension for completion of the work.
Mr. Schrage stated it was of the commission's authority to impose a commencement
deadline and a completion deadline.
1 Mayor Davis stated considering the time that had occurred already, he was more
concerned about the commencement deadline.
Mayor Davis asked if there had been any evidence there had been any work done on the
property through a building inspection. Mr. Pilcher stated some excavation work had taken
place on the outside of the property along with some exploratory work to determine the
amount of work that needed to be performed but it was hard for staff to tell if any work
had been completed on the inside of the structure.
Mayor Davis asked if the work that was performed was done to diagnose the problem
instead of correcting it. Mr. Pilcher stated yes.
Commissioner Hoppock asked how long it would take to approve the plan and if the
property owner had a contractor hired. Mr. Pilcher stated the plan was already approved.
Mr. Suenram stated he had hired Diehl Enterprises to complete the work.
A conversation ensued between the City Commission, Mr. Schrage, Mr. Suenram, Mr.
Pilcher and Lauren Driscoll, Director of Community and Development Services, regarding
the extension timeline.
Mr. Schrage asked if the house was secure. Mr. Suenram stated the doors were secured
shut.
Norman Carlin, owns the house to the right of it, provided his thoughts on the condition of
the home.
Mayor Davis stated the request was to remove the property from the dangerous structure
list. Mr. Pilcher stated the foundation was the main share of the work but the remaining
items would still need to be completed as well to remove the property from the dangerous
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structure list.
A conversation ensued between the City Commission, Mr. Pilcher, Mr. Schrage and Mr.
Suenram regarding the list of repairs needed and the compliance deadline.
19-062 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to adopt Resolution No.
19-7674 directing the owner to repair or remove the Structures, and to make the premises safe and
secure (the "Work"). The Work shall commence no later than 30 days from today and shall be
N diligently prosecuted so as to allow for substantial completion of all Work no later than 90 days
from today's date. Aye: (4). Nay: (0). Motion carried.
Commissioner Hoppock recused himself due to a conflict of interest.
(7.3) Resolution No. 19-7675 extending the compliance deadline as ordered by Resolution
No. 18-7637 related to repairs or demolition of a dangerous structure located at 622
S. 9th Street.
Sean Pilcher, Building Official, explained the request and action options.
Commissioner Hodges asked if the request to rezone the property was not withdrawn,
would there have been an issue to take the property back to a single family dwelling.
Lauren Driscoll, Director of Community & Development Services, stated if the property
was zoned to R-3; it could have been used as a single-family dwelling.
Ms. Driscoll stated the initial request to rezone the property was postponed due to the
property owner unable to make the meeting and was moved to another date but was since
withdrawn by request of Mr. Ravenkamp due to a potential buyer wanting to convert the
property to single family dwelling.
Mayor Davis stated the action taken in November would imply to any person owning the
property. Mr. Schrage stated there was conversation in November with Mr. Ravenkamp
regarding the ownership of the property and potential selling of the property.
Commissioner Hodges asked if there was a change in status on the property. Mr. Filcher
stated there had been no work performed on the property and no permits had been applied
for.
Mayor Davis asked if there was a past precedence on this issue. Mr. Schrage stated the City
Commission could impose a sale transaction deadline, commencement deadline or
completion deadline to hold the property owner accountable.
Ms. Driscoll stated a conversation with Mr. Ravenkamp may be necessary to work out a
plan.
Commissioner Hodges asked if no action was taken today, could that be reconsidered once
there was a new owner under contract. Mr. Schrage stated the commencement deadline
was missed which would put staff on the schedule to demolish the property.
Jim Ravenkamp, 652 S. Santa Fe, stated the property was under contract and the closing
date was pending. He further stated the pending owner had a dumpster on the property
and had begun cleanup of the property.
Mayor Davis asked if the potential buyer was aware of the compliance deadline. Mr.
Ravenkamp stated yes. He further stated that Ellie Ritter was the potential buyer on the
property and Dana Lively was the contractor for the property.
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Mayor Davis asked if the potential buyer and the contractor were aware of the repairs
needed on the property. Mr. Ravenkamp stated yes.
Commissioner Hodges asked Mr. Ravenkamp, from his perspective, if there was a holdup
on the closing. Mr. Ravenkamp stated the closing date was scheduled for January 9, 2019
2 and there was a lien on the property that needed to be cleared before the sale could go
through.
Dana Lively, contractor, stated the property had not closed due to the lien on the property
and stated he had done some tear-out and cleanup of the fire damage and was aware of the
repairs needed to remove the property off the dangerous structure list.
3
Commissioner Hay joined the meeting at 5:34 p.m.
Mayor Davis asked if the dangerous structure list was discussed with the potential buyers.
Mr. Lively stated yes.
Mr. Schrage asked if the contractor had a good understanding of the scope of work for the
repairs to complete the work. Mr. Lively stated yes.
Mr. Pilcher stated there were three (3) dates needed; date of closing, commencement date
and completion date and asked if the contractor had a sense of when that would be.
A conversation ensued between the City Commission, Mr. Pilcher, Mr. Ravenkamp and
Mr. Lively on the date of closing, commencement date and completion date.
The Commission asked how the motion should look. Mr. Schrage stated the Commission
could postpone consideration and staff could draft a resolution.
Greg Bengtson, City Attorney, asked if there would be a title transfer of the property. Mr.
Ravenkamp stated yes.
Mayor Davis asked what would happen if the work was not commenced or completed. Mr.
Schrage stated it was listed in Section 3 of the resolution.
A conversation ensued between the City Commission, Mr. Schrage and Ms. Driscoll
regarding the deadlines.
Mr. Ravenkamp stated the fire insurance proceeds the City of Salina had on hold was more
than the amount it would cost to have the property demolished.
Mayor Davis provided his thoughts on the matter.
Commissioner Hodges asked if staff could let the City Commission know when the
property was sold. Mr. Schrage stated staff could report on the closing date and the status
of the property.
19-0053 Moved by Commissioner Hodges, seconded by Ryan, to adopt Resolution No. 19-7675 directing
the owner to repair or remove the Structures, and to make the premises safe and secure (the
"Work"), the Work shall be commenced by April 1, 2019 and shall be diligently prosecuted so as to
allow for substantial completion of all Work by July 1, 2019. Aye: (4). Nay: (0). Motion carried
Commissioner Hoppock returned.
(7.4) Request for attorney-client privileged executive session with environmental counsel
for the Salina Public Entities and the City's legal counsel regarding the subject of
anticipated mediation with representatives of the U.S. Department of Justice and
U.S. Army Corps of Engineers associated with pending litigation in U.S. District
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Court relating to the former Schilling Air Force Base environmental matter, with
possible action to follow.
Martha Tasker, Director of Utilities, explained the former Schilling Air Force Base, the
lawsuit and mediation settlement for Remedial Investigation/Feasibility Study and the
i allocation of costs for the Remedial Investigation/Feasibility Study work.
a
w
Commissioner Hodges asked when the Remedial Investigation/Feasibility Study would be
aavailable. Ms. Tasker stated the Remedial Investigation/Feasibility Study was currently at
a the Kansas Department of Health and Environment to complete the KDHE-approved plan
a
for remediation.
0
Greg Bengtson, City Attorney, stated that Doug Curran, Stinson Leonard Street, who will
serve as environmental council, would be attending via telephone.
(7.4a) I move the city commission recess into executive session for minutes to
discuss the subject of anticipated mediation with representatives of the U.S.
Department of Justice and U.S. Army Corps of Engineers associated with
pending litigation in U.S. District Court relating to the former Schilling Air
Force Base environmental matter with environmental counsel for the Salina
Public Entities and the City's 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 p.m.
I19-0054 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive
session for 35 minutes to discuss the subject of anticipated mediation with representatives of the
U.S. Department of Justice and U.S. Army Corps of Engineers associated with pending litigation in
U.S. District Court relating to the former Schilling Air Force Base environmental matter with
environmental counsel for the Salina Public Entities and the City's 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 6:45 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission took a five minute break at 6:10 p.m. and recessed into executive
session at 6:15 p.m. and reconvened at 6:50 p.m. No action was taken.
19-0055 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive
session for 15 minutes to discuss the subject of anticipated mediation with representatives of the
U.S. Department of Justice and U.S. Army Corps of Engineers associated with pending litigation in
U.S. District Court relating to the former Schilling Air Force Base environmental matter with
environmental counsel for the Salina Public Entities and the City's 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 7:06 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 6:51 p.m. and reconvened at 7:06
1 p.m. No action was taken.
(7.4b) Possible action following executive session.
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I19-0036 Moved by Commissioner Hodges, seconded by Commissioner Hay, that the City Manager
authorize the City's environmental counsel to execute the proposed Mediation Process Agreement
among the Salina Public Entities (including the City of Salina, the Salina Airport Authority;
USD#305, and Kansas State University); and the United States of America on behalf of the United
States Army Corp of Engineers and the United States Air Force relating to the former Schilling Air
Force Base environmental matter. Aye: (5). Nay: (0). Motion carried.
N DEVELOPMENT BUSINESS
cvoNone.
U
OTHER BUSINESS
ADJOURNMENT
19-0057 Moved by Commissioner Ryan, seconded by Commissioner Hoppock, that the regular meeting of
the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 7:08 p.m.
�,w„ ,v 1
[SEAL] Trent W. Davis, M.D., Mayor
ATTEST:
ataUtO1 RD LW
Shandi Wicks,CMC,City Clerk
I
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