09-09-2019 Minutes CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
September 9, 2019
4:00 p.m.
The City Commission convened at 2:30 p.m. for Child Care Coalition Presentation and at 3:45 p.m.
w 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 and Karl Ryan.
Also present: Michael Schrage, City Manager;Jacob Wood, Deputy City Manager; Greg Bengtson,
City Attorney; and Shandi Wicks,City Clerk.
AWARDS AND PROCLAMATIONS
(3.1) The month of September, 2019 as "National Recovery Month" in the city of Salina.
Don Greene, Senior Recovery Coach, read the proclamation and announced
associated events.
(3.2) The week of September 8-14, 2019 as "Assisted Living Week" in the city of Salina.
Mary Kay Larsen read the proclamation and announced associated events.
(3.3). The month of September, 2019 as "Childhood Cancer Awareness Month" in the city
of Salina. Carly Eilert, mother of Childhood Cancer Angel, read the proclamation
and announced associated events.
CITIZENS FORUM
Rick Tillett, 1112 Windsor Drive, provided information on the maintenance of the ditches
on South Broadway and asked the commissioners and the City of Salina to address the
issues again. He continue to state he would like to see paint on the curbing on the dividers
on Broadway.
Mayor Davis asked if staff could forward those to the appropriate department. Michael
Schrage, City Manager, stated he could provide ordinances pertaining to the mowing and
provided information on the painting of medians and curbing.
Mr. Davis asked if the City of Salina made allowances for citizens who could not maintain
the ditches. Mr. Schrage stated there were some provisions in the ordinance regarding
exceptions but did not think the exceptions related to ability to perform the maintenance.
Commissioner Hodges provided her thoughts on the curb painting and the possible need
for future consideration of the matter. Mr. Tillett continued to provide his thoughts on the
painting of curbs.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
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(6.1) Approve the minutes of August 26, 2019.
I19-0250 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
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w (7.1) Resolution No. 19-7737 setting the date for a public hearing to consider whether a
N dangerous structure at 236 S. 4th Street shall be condemned and ordered
demolished or repaired.
a Sean Pilcher, Building Official, explained the dangerous structures procedure and the
locations of each of the structures.
Mayor Davis asked if this was the time for the owner to make any comments. Michael
Schrage, City Manager, stated if they were in attendance they could.
19-0251 Moved by Commissioner Ryan, seconded by Commissioner Hay, to adopt Resolution No. 19-7737
setting the date for a public hearing to consider whether a dangerous structure at 236 S. 4th Street
shall be condemned and ordered demolished or repaired. Aye: (5). Nay: (0). Motion carried.
(7.2) Accept bid from Bennington State Bank for private placement of General Obligation
Temporary Notes Series 2019-2.
Debbie Pack, Director of Finance & Administration, explained the issuance, the term sheets
distributed and received,next steps, fiscal impact and action options.
Commissioner Hodges asked if the 54.945 million include the addendum coming up for the
Police Training Center. Michael Schrage, City Manager, stated the addendum coming up
on the agenda planner was included in the amount.
19-0252 Moved by Commissioner Ryan, seconded by Commissioner Hoppock, to accept the bid from
Bennington State Bank for private placement of General Obligation Temporary Notes Series 2019-
2. Aye: (5). Nay: (0). Motion carried.
(7.3) Authorize the City Manager to sign a request from the Kansas Department of
Transportation (KDOT) to exchange 2019 federal funds for the Ninth Street Curb
and Gutter Improvements, City Project No. 90001.
Dan Stack, City Engineer, explained the request, the project, fiscal impact and action
options.
Commissioner Hodges asked how long we have participated in the federal fund exchange
program. Mr. Stack stated since 2010.
Commissioner Hodges asked what KDOT's provisions were on the federal fund exchange
projects. Mr. Stack stated engineering, by American; Davis, Bacon wage rates; and
disadvantage business enterprise.
Michael Schrage, City Manager, explained what the Davis, Bacon wage rates were.
1 A conversation ensued between the City Commission, Mr. Stack and Mr. Schrage regarding
the disadvantage business enterprise provision.
Commissioner Hodges provided her thoughts on the program.
Mayor Davis asked if there was any major difference in safety and functionality. Mr. Stack
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stated staff typically tried to use the dollars to rehabilitate current roads.
Mayor Davis asked if the wages under the Davis, Bacon wage rates was significantly
higher. Mr. Schrage stated he thought the wage was significantly higher.
19-0253 Moved by Commissioner Ryan, seconded by Commissioner Hay, to authorize the City Manager to
w sign a request from the Kansas Department of Transportation (KDOT) to exchange 2019 federal
funds for the Ninth Street Curb and Gutter Improvements, City Project No. 90001. Aye: (5). Nay:
N (0). Motion carried.
Mayor Davis asked if it was possible to canvas the area to determine the disadvantage
8 business enterprise.
(7.4) Markley Road Special Assessment Follow-Up Discussion.
Michael Schrage, City Manager, explained the history of special assessments, perimeter
street policy, cost recovery provisions, benefit district boundaries, preliminary cost
allocation and key decision points that remain to be,ddressed.
Gina Riekhof,Gilmore & Bell, explained the benefit district approaches available.
Commissioner Ryan stated that he thought he heard that the expandable version was more
defensible and asked for clarification. Ms. Riekhof stated it was a policy decision and a
factual determination on if an area was benefited for any purpose. She continued to state
you would typically look at the typography of the land and access points of the streets.
Commissioner Ryan asked if the trigger for the development was the traffic counts. Mr.
Schrage stated yes, which would be included in the development agreement and
mentioned that to go from interim to full was a traffic count of 6500 cars per day.
Commissioner Hay stated there would be nothing done until the interim street standard
and the traffic count was met. Mr. Schrage stated a sidewalk would need to be added to
Markley to meet the interim standard and the developers were aware of that. He continue
to state the developers were waiting to begin development of the internal lots which would
have special assessments of their own. Ms. Riekhof provided information on what
occurred once a benefit district was formed.
A conversation ensued between Commissioner Hay, Mr. Schrage and Ms. Riekhof
regarding the timing of the special assessments for the Markley Road benefit district.
Commissioner Ryan stated the decisions were unique enough that it shouldn't be used as a
template and asked if it would be setting a precedent for future assessments. Mr. Schrage
stated it could set a precedent in some ways and continued to explain the ways it could be
setting a precedent. He continued to state as staff, he thought the map with the smaller
area would sync up to the ordinance better and limit the amount of precedents set.
Commissioner Ryan asked whether the street was considered a collector or arterial street.
Mr. Schrage stated the width was consistent with an interim standard but there would be
some uniqueness to the location and in the street design project by project.
Commissioner Ryan asked how Magnolia would develop to the east going to the bridge.
Mr. Schrage stated there was some property that could go through this same process,
assuming those properties come in and want to be platted and go through the process, staff
would try to develop a development agreement that would allocate costs but a vast
majority of it would be city at large given the way it was developed.
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Commissioner Hoppock asked if the corner section was not added to the benefit district,
would they be allowed to have a direct access to Markley Road. Mr. Schrage stated the
property was currently in the County and it would depend on how it was annexed and
used.
Commissioner Hodges asked about the undeveloped remainder to the west of Markley and
why it was assigned to Markley. Mr. Schrage stated everything outside the undeveloped
remainder had access on Magnolia.
Commissioner Hodges asked how property owners were made aware of the benefit district
affecting their property. Ms. Riekhof stated the developer would submit a petition to create
U the district and it would go through the City Commission for approval and a resolution
would be published in the newspaper and filed at the Register of Deeds. She continued to
state that the current owner would be required to notify the new buyer.
Commissioner Hodges asked how the north portion of Markley Road would be upgraded
based on increased traffic. Mr. Schrage stated given the development pattern that was
already in place, it may have to be a city project.
Commissioner Hoppock asked if doing the resolution and not knowing what the cost
would be, could a percentage be determined within the resolution. Ms. Riekhof stated in
the petition submitted by Wheatland Valley and Magnolia Hills, it would state they were
required to list an inflationary factor. She continued to state the map would have a matrix
included that would list the percentage for each subdivision. Mr. Schrage stated the
assessment would be based on actual cost.
Commissioner Ryan stated eventually the lot owner would not have a moving target that
would be assessed to them at the time they purchase the property. Ms. Riekhof stated the
development costs and the inflationary factor would be clearly listed to determine the
assessment amount ahead of time.
Joan Ratzlaff,Salina, provided her thoughts on the strategic plan and her perspective on the
assessments, the need for addressing the current needs of the streets and sidewalks in the
community.
Kelly Dunn, 2732 Shoreline Drive, stated if he understood correctly, the resolution would
be passed and sat on a shelf for the future and asked if a KDOT funding could be used in
the future for the development of Markley Road. Mr. Schrage stated the KDOT funding
could be an option that could go towards part of the City funded portion of the project. Mr.
Dunn continued to express his thoughts on the assessment options.
Jon Blanchard, 250 S. Ninth Street, asked if the magenta area would be unaffected by the
new benefit district. Mr. Schrage stated the magenta would not be affected by the Markley
Road improvements. Mr. Blanchard asked where we were currently in the process. Mr.
Schrage stated that staff was trying to develop the development agreement in accordance
with the policy. Mr. Blanchard asked if it would be a policy decision or would it be setting
a precedent. Mr. Schrage it was intended to be responsive to the developer's request to get
an agreement in place with the City Commission. Mr. Blanchard provided his thoughts on
the benefit district options.
The City Commission recessed at 6:11 p.m. for a 5 minute break. The meeting resumed at
6:19 p.m.
Mayor Davis asked what the next step was. Mr. Schrage stated staff characterized it as a
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discussion but there was a sense of urgency to draft the development agreements.
Mr. Schrage stated if the portion at the corner of Markley & Magnolia would develop there
could be an opportunity to assess that parcel too.
Mayor Davis asked what the first question was to answer. Mr. Schrage stated the first
question was what the boundaries of the benefit district would be.
Commissioner Hoppock provided his thoughts on the benefit district and stated he
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supported option A.
Commissioner Hodges stated she was fine with Option A. Commissioner Hay stated he
was the same.
Mayor Davis asked if Mr. Blanchard was under the impression that there would or would
not be a decision made today. Mr. Blanchard stated he asked if the conversation was in the
policy amendment mode or making of a contract mode. He continued to state that the city
manager stated it was a making of a contract mode.
Greg Bengtson, City Attorney, stated the point he wanted to make clear, was that you were
dealing with a policy question as it related to the negotiation of a contract with two
developers who would be affected by the decisions made. He continued to state that he
wanted to be absolutely sure who the contract would be with and asked if Stan Byquist
could respond. He continued to state that he wanted to verify the party that would be
entering into the potential development agreement with the City as it related to the
Magnolia Hills property. He further stated in proper context, Commissioner Ryan had a
substantial interest in Kelly Dunn Construction and wanted to be sure there was not a
substantial interest scenario as it related to that potential contract.
Stan Byquist, 2601 South Ohio, stated the contract that we were looking at, would be with
Magnolia Hills, Inc., stated it was a Kansas company and the company was made up of
three (3) individuals;Stan Byquist, Kelly Dunn and James Markle.
Mr. Bengtson stated that was the critical element. Commissioner Ryan thanked Mr.
Bengtson for bringing it up and he thought it was always with Magnolia Hills, Inc.
A conversation ensued between the City Commission and Mr. Schrage regarding the
benefit district area.
19-0254 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to approve the Markley
Road benefit area as option A, as presented to us. Aye: (5). Nay: (0). Motion carried.
Mayor Davis asked what the second question was. Mr. Schrage stated the second question
was the percentage allocation and noted that the traffic counts whether they were KDOT or
staff, were 24 hour counts Sunday through Thursday.
Commissioner Hodges asked if that was putting us towards the 60/40 range. Mr. Schrage
stated the traffic counts both by the public works department and KDOT would be at the
60/40 split option.
Commissioner Hodges stated even though it was called the 60/40 split, it looked like it was
actually 67/33. Mr. Schrage stated it started with 60/40 and the 40 had to be allocated to
the benefit district and the platted developed property (in the magenta) would be cost that
was covered by the City of Salina and the City of Salina would carry that in addition to the
60% portion which would take you to the 67.31%.
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Commissioner Ryan provided his thoughts on the cost allocation and preferred the 75/25
split.
Mayor Davis provided his thoughts on the cost allocation.
Commissioner Hoppock stated that he had visited the area to see the traffic count himself
0.
2 and provided his thoughts on the best cost allocation and thought the 80/20 or 75/25 were
the best options.
g Mayor Davis asked if the corner lot of Markley and Magnolia could be used as commercial.
Dean Andrew, Director of Planning, stated the parcel was intended to a neighborhood
center in the future with an option of mixed use.
Commissioner Hodges provided her thoughts and stated she was still at 60/40.
A conversation ensued between the City Commission regarding the cost allocation.
19-0255 Moved by Commissioner Hodges to adopt the Markley Road cost allocation of 60/40 as presented
by staff. Motion died due to lack of second.
19-0256 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt the Markley Road
cost allocation of 75% City and 25% development as presented by staff. Aye: (3). Nay: (2) Hodges
Davis. Motion carried.
Mayor Davis asked if the inflationary figure needed to be decided tonight. Mr. Schrage
provided information on how an inflationary figure would work. Ms. Riekhof stated it
e would be up to the City Commission to determine which option they liked best, an
inflationary figure or a maximum cost.
Commissioner Hoppock asked what was more appropriate. Commissioner Ryan asked
how this was done in the past. Mr. Schrage stated it was not something we have done
before.
A conversation ensued between the City Commission, Mr. Schrage and Ms. Riekhof
regarding the inflationary figure or maximum cost.
19-0257 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to instruct staff to create
a development agreement to include an inflationary factor. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
None.
OTHER BUSINESS
(9.1) Request for executive session (legal).
I move the city commission recess into executive session for _ minutes to discuss
the 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. 45-7319(b)(2) and for the reason that the public
discussion of the matter would adversely affect the interests of the City. The open
meeting will resume in this room at p.m.
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19-0258 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive
session for 20 minutes to discuss the 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. 45-7319(b)(2) and for the reason that the public discussion of the matter would
adversely affect the interests of the City. The open meeting will resume in this room at 7:10 p.m.
Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 6:50 p.m. and reconvened at 7:10
t p.m. No action was taken.
Commissioner Hay left the meeting at 6:50 p.m.
19-0259 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive
session for 10 minutes to discuss the 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. 45-7319(b)(2) and for the reason that the public discussion of the matter would
adversely affect the interests of the City. The open meeting will resume in this room at 7:20 p.m.
Aye: (4). Nay: (0). Motion carried.
The City Commission recessed into executive session at 7:13 p.m. and reconvened at 7:23
p.m.
Mayor Davis stated we would not be taking action today but had a fruitful discussion.
ADJOURNMENT
19-0260 Moved by Commissioner Hoppock, seconded by Commissioner Ryan, that the regular meeting of
the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting
adjourned at 7:25 p.m.
[SEAL] Trent W. Davis, M.D., Mayor
ATTEST:
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Shandi Wicks, CMC, City Clerk
.
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