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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 Page 1 (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 z n 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 Pace 2 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. Page 3 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 Page 4 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 N 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%. Page 5 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. Page 6 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: at ma Shandi Wicks, CMC, City Clerk . Page 7