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06-03-2019 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 3, 2019 4:00 p.m. The City Commission convened at 2:30 p.m. for Access TV Agreement 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, sCity-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 Melissa Rose Hodges, Mike Hoppock, and Karl Ryan. Also present: Michael Schrage, City Manager; Jacob Wood, Deputy City Manager; Greg Bengtson, City Attorney; and Shandi Wicks,City Clerk. Absent: Commissioner Joe Hay,Jr. AWARDS AND PROCLAMATIONS (3.1) The month of June, 2019 as "LGBT Pride Month" in the city of Salina. Gary Martens, North Central Chapter of Equality Kansas Chair, read the proclamation and announced associated events. CITIZENS FORUM None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of May 20, 2019. (6.2) Approve Change Order No. 1 for the Sanitary Sewer Line Maintenance, Project No. 70026 for Mayer Specialty Services, LLC of Goddard, Kansas, revising the Total Contract Amount to $220,715.01 and extending the Final Completion to March 7, 2019. (6.3) Approve First Amendment to the Loan Agreements between the Kansas Department of Health and Environment, Acting on Behalf of the State of Kansas and Salina, Kansas; Kansas Public Water Supply Loan Fund Project No. 2917 and Kansas Public Water Supply Loan Fund Project No. 2957. Commissioner Hodges requested that Item 6.3 be removed from the consent agenda. 19-0152 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to approve the consent agenda items 6.1 and 6.2. Aye: (4). Nay: (0). Motion carried. (6.3) Approve First Amendment to the Loan Agreements between the Kansas Department of Health and Environment, Acting on Behalf of the State of Kansas Page 1 and Salina, Kansas; Kansas Public Water Supply Loan Fund Project No. 2917 and Kansas Public Water Supply Loan Fund Project No. 2957. Michael Schrage, City Manager, stated the loan origination fee was waived which represented an$80,000 savings over the total project costs. w Commissioner Hodges stated it was for the South Wellfield and Water Treatment Plant and in light of some information received on the interim population report. She continued by y asking if the project was solely paid from our water fees. Debbie Pack, Director of Finance & Administration, stated yes. Commissioner Hodges asked if we were looking at a 3.5% annual increase in the water fees. Ms. Pack stated yes and provided the City Commission a rate study of the Water & Sewer fund account from 2019 and explained the study. Mr. Schrage provided additional information on the rate study. He continued by asking staff to provide what percentage was residential versus commercial and industrial. Ms. Pack stated 56% of the total consumption was residential. Commissioner Hodges asked if our water consumption declined would that cause pause to reevaluate our water rates. Ms. Pack stated yes. Commissioner Hodges provided her thoughts on the new South Water Plant and asked at what capacity was the downtown treatment plant. Martha Tasker, Director of Utilities, stated the current production was 20 million gallons a day and the current downtown treatment plant was put into operation in 2001. Mr. Schrage stated that what staff was describing was redundancy of mechanical failure but what started the discussion was the drought of 2006. He continued to explain the history of the studies and work for the project. Commissioner Hodges asked if we would continue to put improvements into the current treatment plant. Ms. Tasker stated yes, we do on a yearly basis. Mr. Schrage stated staff was describing redundancy to plant failure, and the drought response played a role in the new plant Commissioner Hoppock asked what our usage had done over the last five (5) years. Ms. Tasker stated in 2011 and 2012 it was dry and under drought conditions and was at 2.35 billion gallons as opposed to the 1.9 billion gallons now (total pumped water) and the amount that actually makes it through the meters was 1.75 billion gallons. She continued by stating in the dry times we were using 400 million gallons higher than the conservative number we say we were using today on consumption. Commissioner Hoppock stated by adding the new plant that we were trying to be more proactive than reactive. He continued by stating that the dry line was moving east. Ms. Tasker stated that the USGS was tracking the decades and how far water was in the river to the west and each decade that moves further to the east. She continued to state that Greg Bengtson, City Attorney, worked on the dry line movement in Colorado. Mr. Bengtson provided information on the movement of the dry line. Ms. Tasker provided additional information on the movement of the dry line and drought. Mr. Schrage asked staff to provide information contractually on the current status of the project. Ms. Tasker stated we were under contract with Burns & McDonald for the project and to date with the pay request received from Burns & McDonald, the project was currently at approximately $4.5 million dollars not including the purchase of the property. She continued to state project total at this time including property acquisition would be about$5 million dollars. Page 2 Commissioner Hodges asked what the current water line replacement commitments were going to be. Ms. Tasker stated there was one more round of S4 million dollar projects then we would move to$2 million dollars in cash per year instead of debt service. Commissioner Hodges asked if when we move to the $2 million dollar amount the remaining water mains would be replaced proactively. Ms. Tasker stated that staff had a list of where the problems were to be proactive to keep up with the repairs. She continued to state staff relied on the public notifying them of the problem locations to add to the list. Commissioner Hoppock asked for the percentage on the water and sewer rate increase. Ms. Pack stated it was a 3.5% percent increase for a 5 year projection. Commissioner Hodges asked how long the rate increase would stay at 3.5%. Ms. Pack stated staff was hoping to keep the rate increase consistent but would re-evaluate the rates yearly. Jon Blanchard, 250 S. Ninth Street, provided his thoughts on the population and the new water treatment plant. 19-0153 Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to approve First Amendment to the Loan Agreements between the Kansas Department of Health and Environment, Acting on Behalf of the State of Kansas and Salina, Kansas; Kansas Public Water Supply Loan Fund Project No. 2917. Aye: (3). Nay: (1) Hodges. Motion carried. 19-0154 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to approve First Amendment to the Loan Agreements between the Kansas Department of Health and Environment, Acting on Behalf of the State of Kansas and Salina, Kansas; Kansas Public Water Supply Loan Fund Project No. 2957. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 19-11001 vacating an 8 ft. wide north-south utility easement 4 ft. either side of the common lot line between Lots 7 and 8, Block 3, Country Club Heights Addition to the City of Salina, Saline County, Kansas located on property addressed as 214 Greenway Road. Mayor Davis noted that Ordinance No. 1911001 was passed on first reading on May 20, 2019 and since that time no comments have been received. 19-0155 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to adopt Ordinance No. 19- 11001 vacating an 8 ft. wide north-south utility easement 4 ft. either side of the common lot line between Lots 7 and 8, Block 3, Country Club Heights Addition to the City of Salina, Saline County, Kansas located on property addressed as 214 Greenway Road on second reading. A roll call vote was taken. Aye: (4) Hodges, Hoppock, Ryan, Davis. Nay: (0). Motion carried. (7.2) Second reading Ordinance No. 1940995 annexing the South Water Treatment Plant site located at the southeast corner of South Ohio Street and East Water Well Road. Mayor Davis noted that Ordinance No. 19-10995 was passed on first reading on March 11, 2019 and since that time no comments have been received. Michael Schrage, City Manager, stated Saline County had approved a resolution consenting the annexation. Page 3 119-0156 Moved by Commissioner Ryan, seconded by Commissioner Hoppock, to adopt Ordinance No. 19- 10995 annexing the South Water Treatment Plant site located at the southeast corner of South Ohio Street and East Water Well Road on second reading. A roll call vote was taken. Aye: (4) Hodges, Hoppock, Ryan, Davis. Nay: (0). Motion carried. (7.3) Second Reading Ordinance No. 19-10998 changing the zoning district classification from A-1 (Agricultural) to PC-5 (Planned Service Commercial) to allow installation N of an electronic changeable copy advertising sign (digital billboard) on land that is located on the west side of South 9th Street and is bordered by Riffel Addition No. 2 on the north and the Long-McArthur Addition on the south and is addressed as the 3400 Block of South 9th Street. Mayor Davis noted that Ordinance No. 19-10998 was passed on first reading on March 25, 2019 and since that time no comments have been received. 19-0157 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to adopt Ordinance No. 19- 10998 changing the zoning district classification from A-1 (Agricultural) to PC-5 (Planned Service Commercial) to allow installation of an electronic changeable copy advertising sign (digital billboard) on land that is located on the west side of South 9th Street and is bordered by Riffel Addition No. 2 on the north and the Long-McArthur Addition on the south and is addressed as the 3400 Block of South 9th Street on second reading. A roll call vote was taken. Aye: (4) Hodges, Hoppock, Ryan, Davis. Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Consider acceptance of the offered utility easement and restricted access dedications from McArthur Enterprises to serve Long-McArthur Addition No. 2. Dean Andrew, Director of Planning, explained the request, Planning Commission action and action options. Commissioner Hoppock thanked staff for their response to questions regarding the rezoning and platting of the property. Commissioner Hodges asked if there was still an opportunity for payment of the utilities extended to the site. Mr. Andrew stated yes, when there was a use to connect to the utilities, the payment for the utilities would be required at that time. Mr. Andrew stated that the City Commission could make a motion to direct staff to prepare an agreement that deferred payment until there was a connection made to the City's water or sanitary sewer system. 19-0158 Moved by Commissioner Hoppock,seconded by Commissioner Hodges, to authorize the Mayor to sign the plat and accept the offered easement and restricted access dedications on behalf of the City and to direct staff to prepare an agreement that defers payment until there is a connection made to the City's water or sanitary sewer system. Aye: (4). Nay: (0). Motion carried. OTHER BUSINESS Commissioner Hodges asked if this was so sensitive that it could be discussed in open , session or did it need to be discussed in closed session. Michael Schrage, City Manager, stated due to the information being discussed staff felt it was best to discuss in closed session. Page 4 Greg Bengtson, City Attorney, stated it was ultimately the Governing Body's decision and staff was always cautious in answering that question. Commissioner Hodges provided her thoughts on the negotiations and would like to see a joint meeting with Saline County to discuss the negotiations together and get it all hashed z out. 0. (9.1) Request for executive session (legal). N 8 I move the city commission recess into executive session for _ minutes to discuss the 14 subjects of negotiations with Saline County relating to the Expo Center Lease agreement with 8 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. 19-0159 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive session for 30 minutes to discuss subjects of negotiations with Saline County relating to the Expo Center Lease agreement 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. 75-7319(b)(2),. The open meeting will resume in this room at 5:25 p.m. Aye: (4). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:55 p.m. and reconvened at 5:25 p.m. No action was taken. I19-0160 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive session for 15 minutes to discuss subject of negotiations with Saline County relating to the Expo Center Lease agreement 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. 75-7319(b)(2),. The open meeting will resume in this room at 5:43 p.m. Aye: (4). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:27 p.m. and reconvened at 5:43 p.m. No action was taken. Mayor Davis stated there was discussion regarding the Expo Center agreement with Saline County. Commissioner Hodges wanted to thank the county counterparts for presenting this proposal to us and taking the initiative. She continued to state they had a general response that they would like to share with the County Commission. She further stated the consensus among the commissioners there today on the lease term was 20 years and some acknowledgement that with the investment of Tony's Pizza Events Center and anticipated investment of the Smoky Hill River, to develop some plans that are aesthetically compatible with both of those and come to a philosophical agreement for those plans and the schedule of implementation and recognizing that some improvements could be made over time, it was important to place an emphasis on making an impact with a significant early initial 1 investment. She continued to state they wanted to thank the County Commission for acknowledging the immediate economic impact that a warm up barn could have and help us bring in more shows and thanked them for the offer to go ahead and make the $1.2 million dollars investment in the warm up arena. She further stated the need for Page 5 discussions on the rodeo area either as a collective group or individually. Commissioner Hoppock stated one of the reasons for the 20 year lease, was it would be in line with the improvements being made with the longevity. Michael Schrage, City Manager, asked if the City Commission wanted to address Greeley Road. Commissioner Hoppock stated there was review of plans to straighten Greeley Road out and changing the access around the Tony's Pizza Events Center and around the Expo N Center grounds and at this point, it looks like we want to keep Greeley Road as it currently was and not be addressing the removal of Barn #2 and therefore really don't see the City of Salina investing any money in the fairgrounds at this time. Commissioner Ryan stated the aesthetic blending of the river and Tony's Pizza Events Center buildings were the most important issues for the City Commission. Mr. Schrage stated if that was a consensus of the commission then staff could draft a letter to the county. A consensus was reached. ADJOURNMENT 19-0161 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 5:49 p.m. [SEAL] ATTEST: Trent W. Davis, M.D., Mayor S a &C,City Clerk W4A 1 Page 6