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03-18-2019 Minutes CITY OF SALINA,KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS March 18, 2019 4:00 p.m. The City Commission convened at 2:30 p.m. for Right-of-Way Trees and at 3:45 p.m. for Citizens Forum at City-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 silence. Those present and comprising a quorum: Mayor Trent W. Davis, M.D. (presiding), Commissioners Joe Hay,Jr., Melissa Rose Hodges, and Mike Hoppock. Also present: Michael Schrage, City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. Absent: Commissioner Karl F. Ryan AWARDS AND PROCLAMATIONS (3.1) The month of March, 2019 as "Theatre in Our School Month" in the city of Salina. Spencer Angell, Troop 639 Executive Board Member, and Moses Brown read the proclamation and announced associated events. Mayor Davis asked what Troop 639 was:Mr. Angell stated it was the Salina Central Theatre Troop. (3.2) The month of March, 2019 as "Women's History Month" in the city of Salina. Evelyn Nelson, Community Relations Supervisor, read the proclamation and announced associated events. CITIZENS FORUM Daniel Eckhoff, 2664 Highland, provided his thoughts on the closing times of the retail liquor stores and requested the time to be changed to 11:00 p.m. Ken Ritz, Salina, provided information on recycling, the need to reduce and reuse and mentioned of a symposium that begins Tuesday and runs three (3) days in Lindsborg on recycling and composting. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of March 11, 2019. (6.2) Approve Resolution No. 19-7689 to purchase FARO Focus 70 3D laser scanner, software, warranties, training and ancillary equipment from FARO Technologies, Lake Mary, Florida in the amount of$59,618.92. 19-0080 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. Page 1 ADMINISTRATION (7.1) Second reading Ordinance No. 19-10996 changing the zoning district classification from I-2 (Light Industrial) to R-2 (Multi-Family Residential) district to allow construction of two new residential dwellings at the southwest corner of Reynolds z Street and Lincoln Avenue. C. Mayor Davis noted that Ordinance No. 19-10996 was passed on first reading on March 11, 2019 and since that time no comments have been received. 19-0081 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to adopt Ordinance No. 19-10996 changing the zoning district classification from I-2 (Light Industrial) to R-2 (Multi-Family Residential) district to allow construction of two new residential dwellings at the southwest corner of Reynolds Street and Lincoln Avenue on second reading. A roll call vote was taken. Aye: (4) Hay, Hodges, Hoppock, Davis. Nay: (0). Motion carried. (7.2) Resolution No. 19-7684 authorizing the City Manager to execute an Insurance Broker Agreement with Assurance Partners, LLC to provide insurance broker services for the City of Salina. Nancy Schuessler, Risk Manager, explained the agreement, fiscal impact and action options. Commissioner Hodges asked for clarification on the agreement amount. Ms. Schuessler stated the current agreement was entered into on March 31, 2014 with the cost of $30,660 with an option for three (3) one (1) year renewals but each year the agreement cost would increase by 2%. She continued to state the fifth year of the current contract was $33,187 and the new agreement would start at the same amount of$33,187. Commissioner Hodges asked if the budget for 2019 accounted for the new agreement. Ms. Schuessler stated yes and explained that the account included costs for notary bonds, notary applications, consulting fees, property and casualty insurance premium, and vehicle inspections. She continued to state the property and casualty insurance was the highest expenditure out of the account. 19-0082 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Resolution No. 19- 7684 authorizing the City Manager to execute an Insurance Broker Agreement with Assurance Partners, LLC to provide insurance broker services for the City of Salina. Aye: (4). Nay: (0). Motion carried. (7.3) Award contract for the abatement (removal) of nuisances related to property maintenance for properties within the city limits of Salina, for a period of April 1, 2019 through March 31,2020. Lauren Driscoll, Director of Community & Development Services, explained the project, bids received, fiscal impact and action options. Commissioner Hodges asked if the budget for these services should be budgeted at a higher level due to last year's budget being under the $50,000 budgeted amount. Ms. Driscoll stated the services would either be paid for upon the contractor completing the services or applied to the property taxes for the property and paid with the property taxes. Commissioner Hoppock asked if the fees listed were the gross fees or the net fees. Michael Schrage, City Manager, stated the fees listed within the agenda item were gross fees and Page 2 not the net fees received. Commissioner Hoppock asked if staff knew what percentage of fees were recouped. Ms. Driscoll stated she was not sure the answer but would be able to put that information together and report back to the Commission.A conversation ensued between the City Commission, Ms. Driscoll and Mr. Schrage regarding the assessments and the amount recouped. 19-0083 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to award contract for the abatement (removal) of nuisances related to property maintenance for properties within the city $ limits of Salina, for a period of April 1, 2019 through March 31, 2020 to Ponton Construction. Aye: (4). Nay: (0).. Motion carried. U (7.4) First reading Ordinance No. 19-10997 amending Chapter 5, Article III, Sections 5-66, 5-67, 5-69, 5-70, 5-72, 5-80, 5-91, 5-94, 5-99 and 5-102 pertaining to the sale of beer not more than 6% alcohol by volume by cereal malt beverage retailers. Michael Schrage, City Manager, explained the amendments, fiscal impact and action options. Commissioner Hay asked if the establishments would discontinue selling 3.2 beer. Mr. Schrage stated the establishments could continue to sell 3.2 beer if they wished. Mayor Davis asked if the cereal malt beverage retailers could sell beverages with higher alcohol content. Jake Peterson, Clark, Mize & Linville, stated the retailers would be able to sell the traditional 3.2 beer by weight and beverages of less than 6% alcohol by volume. Mayor Davis asked if staff could explain the request in layman's terms. Mr. Peterson stated citizens would be able to purchase beer of 3.2% alcohol by weight and less than 6% alcohol by volume. Mayor Davis asked if there was an option to not pass the ordinance. Mr. Peterson stated he would refer to the city attorney. Greg Bengtson, City Attorney, stated he was under the understanding that there was a requirement to pass the ordinance since it was a change in the state statutes. Commissioner Hay asked if the cereal malt beverage retailers could sell wine, etc. Mr. Peterson stated cereal malt beverage retailers would be limited to selling beer only and no hard liquor or wine. Commissioner Hodges asked if staff had received inquiries from liquor retail stores or citizens on changing the hours of operation for liquor stores. Mr. Schrage stated staff had not received any inquires at this time. Commissioner Hodges provided her thoughts on the request and directed citizens to contact the city office or the commissioners to express their desire to change the hours. 19-0084 Moved by Commissioner Hay, seconded by Commissioner Hoppock, to pass Ordinance No. 19- 10997 amending Chapter 5, Article III, Sections 5-66, 5-67, 5-69, 5-70, 5-72, 5-80, 5-91, 5-94, 5-99 and 5-102 pertaining to the sale of beer not more than 6% alcohol by volume by cereal malt beverage retailers on first reading. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Page 3 • Commissioner Hodges asked for an update on the Former Schilling Air Force Base Remediation. Michael Schrage, City Manager, stated the City's representative submitted a remediation plan to the Kansas Department of Health & Environment (KDHE) for review. Mr. Schrage stated the public hearing date had been moved to May 1, 2019 upon completion of the review by KDHE. z Commissioner Hodges asked if staff had an update on the email received from Barb Young regarding a trash and tire jam on Dry Creek. Lauren Driscoll, Director of Community & Development Services, stated she would get with Barb Young to discuss the email. Jim Kowach, Director of Public Works, stated staff had gone out last fall to view the concern and added it to the department work list but the list far exceeds the staff and had not been completed yet. Michael Schrage, City Manager, stated that staff could look to see if there were state funds available to assist in cleaning up the area. (9.1) Request for executive session (legal). I move the city commission recess into executive session for _ minutes to discuss the subject of negotiations relating to site acquisition for the Police Training Center/Range 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 p.m. 19-0085 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive session for 20 minutes to discuss the subject of negotiations relating to site acquisition for the Police Training Center/Range 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. 43-7319(b)(2). The open meeting will resume in this room at 5:09 p.m. Aye: (4). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:46 p.m. and reconvened at 5:09 p.m. No action was taken. (9.2) Possible Action following executive session. Michael Schrage, City Manager, explained the sites of the future training center, the obstacles of the Pestinger location, and fiscal impact. Brad Nelson, Police Chief, read the staff report provided that included a timeline of the Police Training Center/Range, the needs assessment completed on the current condition of the Salina Police Department Firearms Range and Training Building, placement of the project on the Capital Improvement Program, authorization of the design and construction of the Police Training Center/Range, financing of the project, the hiring of Police Facility Design Group (PFDG) for the design of a new Police Training Center/Range, property on Yost Drive identified as a possible location for the Training Center/Range, study session was held to update commissioners on the progress of this project, approval of a Conditional Use Permit to allow construction of an indoor shooting range on Yost Drive, purchase offer of the Centerfire Range on West North Street, update on the Yost Drive property availability and the status of the building permit for the Yost property. Commissioner Hodges asked if the appraised value of the West North Street property versus the Yost property was available for distribution. Mr. Schrage distributed the Page 4 information. Commissioner Hodges noted that the appraisal of the Yost property included the environmental studies, infrastructure costs and stated the West North Street amounts would be unknown and provided her thoughts on the appraisals. Tom Pestinger, 125 E. Avenue A, provided information on the appraisal of the West North Street property, the maintenance of the Yost Drive property, response time of the w department from the West North Street versus the Yost Drive property, and the tap fee costs for water service. Commissioner Hodges asked why Mr. Pestinger purchased the location. Mr. Pestinger stated the Chamber of Commerce stated there were people that wanted to relocate here and there was a need for 12,000 square foot buildings in the community. Michael Schrage, City Manager, stated it might be helpful for Chief Nelson to provide information on the use of the building and the response from the building. Norman Mannel, Salina, provided his thoughts on the real estate appraisals in the area and vacant buildings in the community that could be modified to put the center in. Chief Nelson explained the use of the building, the response of SWAT staff to and from the facility and retrofitting vacant buildings in the community. Commissioner Hoppock asked for information regarding the tap fees. Martha Tasker, Director of Utilities, stated this property was part of the 12 inch water line loop that required a cost recovery of the costs from the land owners. Lauren Driscoll, Director of Community & Development Services, stated the information was provided without full knowledge of the property location and was later corrected once additional information was received. Commissioner Hay asked why the initial cost was provided when it was not correct. Mr. Schrage stated the information should not have been provided and provided information on the cost recovery of the project. Mr. Pestinger stated his original understanding was that the charge was $5,000 but was later told it was going to be based on the acreage of the lot. Ms. Tasker stated the cost recovery for the project was based on square footage. Mr. Schrage asked for Ms. Tasker to explain the route of the water main loop at City expense until the property owner hooked into the water main. Ms. Tasker explained the route of the water main loop. Mr. Schrage explained the cost recovery approach versus the special assessment approach. A conversation ensued between the City Commission, Mr. Schrage and Ms. Tasker regarding the cost recovery and the typical tap fee to hook to water service. Mr. Pestinger stated the total cost for the Yost property was $258,432 and the North Street property was 5252,300 and stated the North Street was lower than the Yost property. Mr. Schrage stated the North Street property required a Phase II Environmental Study that the Yost property did not have. Mr. Pestinger provided information on the North Street property. A conversation ensued between Mr. Schrage and Mr. Pestinger regarding groundwater contamination of the North Street property. Mayor Davis provided his thoughts on the center and the property purchase. Todd Welsh, SalinaHomes.com, 300 South Ninth Street, provided information on the current status of the Yost Drive property. Page 5 Commissioner Hodges provided her thoughts on the two locations available. Mr. Schrage asked how long it would take for the Phase II Environmental Study of the West North Street property. Ms. Tasker stated 4 to 6 weeks. Commissioner Hay provided his thoughts on the future location of the center. z Mayor Davis provided his thoughts on the available locations. Mr. Schrage stated staff had Ts done its due diligence on the project, more than was typically done on most projects. N Commissioner Hoppock provided his thoughts on the project, the available locations, and the contamination of the West North Street site. Commissioner Hoppock asked if there was any way that the facility could be open to the public. Chief Nelson stated anything was a possibility and the City of Salina would be assuming the liability of the training of citizens at the facility. Mr. Schrage stated there were models out there that allow that activity. Greg Bengtson, City Attorney, stated the elements of the resolution would authorize the execution of the contract provided by Mr. Welsh. He continued to state the contract did not include a closing date but stated the first opportunity the Planning Commission could hear the application for the Conditional Use permit was May 7, 2019 with a 14 day protest period which would put the closing date on May 22, 2019. He further stated Section 3 in the resolution did authorize and direct the City Manager to advise the owner of the real estate identified as the West North Street site that the City declines the owner's offer of sale. 19-0086 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to adopt Resolution No. 19-7690 authorizing the Mayor to execute a contingent Commercial and Industrial Real Estate Sale Contract with the Kathleen M. Bradley Trust for the purchase of 6.74-acre Tract 2, Lot 2, Block 2 of the Yost Addition to the City of Salina, Kansas as the site for construction of the Police Training • Center/Range and providing for the payment of the costs thereof. Aye: (3). Nay: (1) Hay. Motion carried. ADJOURNMENT 19-0087 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 6:05 p.m. [SEAL] Trent W. Davis, M.D., Mayor ATTEST: �� CShaWicks, CICity Clerk II Page 6