12-16-2019 Minutes CITY OF SALINA,KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
December 16,2019
4:00 p.m.
The City Commission convened at 3:30 p.m. for Lower Smoky Hill Water Supply Access District
- Fourth Quarter Board Meeting and at 3:45 p.m. for Citizens Forum at City-County Building, Room
107.
Mayor Davis asked the Clerk for verification that notice had been sent for today's City
Commission meeting. The Clerk replied yes.
The Regular Meeting of the Board of Co unissioners was called to order at 4:00 p.m. in Room 1.07,
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,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
Mayor Davis thanked Parks and Recreation staff for their hard work on the ceremony for
the Mayor's Christmas tree.
CITIZENS FORUM
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on the proposed 2019 amended budget for the City of Salina.
Debbie Pack,Director of Finance and Administration,explained the amendments.
Mayor Davis opened the public hearing.
Commissioner Hoppock asked if the additional money for convention and tourism would
be split out. Ms. Pack stated the money was split out to cover the bond payments for Tony's
Pizza Events Center, and to Visit Salina for three (3) areas: Kenwood Park/Oakdale Park,
Cultural Arts Regional Marketing(CARM),and Visit Salina Operations.
There being no further comments the public hearing was closed.
19-0395 Moved by Commissioner Hoppock, seconded by Commissioner Hodges to authorize the 2019
budget amendments. Aye: (5). Nay: (0). Motion carried.
(5.2) Public hearing on the closure of the Kansas Department of Commerce 2017 Small
Cities Community Development Block Grant (#17-CR-003) for commercial
rehabilitation used to help restore the historic train depot at 356 North Santa Fe
Avenue. (Hearing must occur at 7:00 p.m. or after)
Michael Schrage, City Manager, stated the notice was published in the newspaper for the
hearing to occur at 7pm.
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19-0396 Moved by Commissioner Hodges, seconded by Commissioner Ryan to table the item to 7:00 pm or
as closely to there as possible. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the meeting minutes of December 9,2019.
19-0397 Moved by Commissioner Hodges, seconded by Commissioner Hoppock to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Approval of the project budget and resource allocation for the Joe Milbradt Pavilion
at the Salina Municipal Golf Course.
Jeff Hammond, Deputy Director of Parks & Recreation, explained the project budget and
resource allocation for the request and action options.
Commissioner Hodges noted a pretty big disparity in the bids for electrical and concrete
and asked if staff was happy with selecting the low bids. Mr. Hammond stated he met with
all contractors and they were all aware of the work to be performed and staff was happy
with the contractors chosen.
Commissioner Hodges asked if staff had been in contact with the Joe Milbradt family and
the family had seen the signage design. Mr. Hammond stated that staff had been in contact
with the Milbradt family.
Andrew Couch, 2353 Hillside Drive, stated his daughter participated in First Tee and his
wife was the president of the First Tee board and he was speaking on behalf of his wife. He
continued to provide information on support of the pavilion.
19-0398 Moved by Commissioner Hay, seconded by Commissioner Hodges, to approve the signage and
plaque design and authorize the project budget of$126,761.87 with a 5% construction contingency
or a total of $133,099.96 with contracted portion of the project being awarded to M Squared
chitects for the Architectural Design in the amount of $4,350, Kinderknecht Concrete for the
concrete pad and footings in the amount of$15,400, Precision Electric for the electrical installation
in the amount of $4,969, QMI Security Solutions for the Shutter Doors and installation in the
amount of $48,678 and Kaw Valley Engineering for the geo-technical testing in the amount of
$1,415. Aye: (5). Nay: (0). Motion carried.
(7.2) Resolution No. 19-7782 amending the temporary suspension of the monthly transfer
of funds from the City's operating funds to the Health and Dental Insurance Trust
Fund for July 2019 through December 2019, authorizing staff to resume the monthly
transfer of funds effective September 2019 and repealing Resolution No. 19-7724.
Debbie Pack, Director of Finance and Administration, explained the request, fiscal impact
and action options.
Commissioner Hodges stated that would leave us $200,000 short. Ms. Pack stated staff was
hoping to save $1 million dollars and this would leave us $375,000. She continued to state
that by the end of the year the fund balance would reach approximately$6 million dollars.
M� Michael Schrage, City Manager, stated that it would result in the fund balance being lower
than we had hoped.
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19-0399 Moved by Commissioner Ryan, seconded by Commissioner Hoppock,to adopt Resolution No. 19-
7782 amending the temporary suspension of the monthly transfer of funds from the City's
operating funds to the Health and Dental Insurance Trust Fund for July 2019 through December
2019, authorizing staff to resume the monthly transfer of funds effective September 2019 and
repealing Resolution No. 19-7724. Aye: (5). Nay: (0). Motion carried.
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(7.3) Wastewater Treatment Plant Improvement Project.
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(7.3a) Resolution No. 19-7776 authorizing the utilization of the Progressive Design-
Build delivery method for the Wastewater Treatment Plant Improvement
Project.
(7.3b) Resolution No. 19-7781 authorizing City staff to negotiate an agreement with
HDR Engineering, Inc. to provide Owner's Representative Services for the
Wastewater Treatment Plant Improvement Project.
Martha Tasker, Director of Utilities, explained the project, project methods, fiscal impact
and action options.
Commissioner Hodges stated the budget total was $29.5 million dollars and $1.85 million
was for engineering services and asked if that portion would be for HDR as the owner's
representative. Ms. Tasker stated the numbers were carried over in the budget for the last
couple years and staff would negotiate the numbers with HDR Engineering, Inc. and
mentioned that the total project budget was$30 million dollars.
Commissioner Hodges asked if we should be getting a guaranteed maximum price by
October 1, 2021. Ms. Tasker stated yes and that was Kansas Department of Health and
Environment's (KDHE) dates from the City's permit. Ms. Tasker stated that she may ask
KDHE to extend the timeframe to December 31,2021.
Mayor Davis asked when the new reduced ammonia limits go into effect. Ms. Tasker stated
January 1, 2020, she continued to state that KDHE had been talking with staff for a long
time regarding the new limits.
Mayor Davis asked if this would be building a brand new plant adjacent to the current
plant. Ms. Tasker stated it was a rehabilitation project utilizing some of the existing
buildings. She continued to state that some of the current buildings would not be utilized in
the future.
19-0400 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to adopt Resolution No.
19-7776 authorizing the utilization of the Progressive Design-Build delivery method for the
Wastewater Treatment Plant Improvement Project. Aye: (5). Nay: (0). Motion carried.
Ms. Tasker provided the action options for the Owner's Representative Services.
Commissioner Hodges asked if an agreement could not be successfully negotiated what
would happen. Ms. Tasker stated she was very confident that an agreement could be made
and staff would be negotiating very quickly to move forward.
19-0401 Moved by Commissioner Ryan, seconded by Commissioner Hay, to adopt Resolution No. 19-7781
authorizing City staff to negotiate an agreement with HDR Engineering, Inc. to provide Owner's
Representative Services for the Wastewater Treatment Plant Improvement Project. Aye: (5). Nay:
(0). Motion carried.
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(7.4) Resolution No. 19-7786 creating a Complete County Committee for the purpose of
increasing community awareness and participation in the 2020 U.S. Census and
providing for its membership, appointment,term and procedures.
Lauren Driscoll, Director of Community & Development Services, explained the U.S.
Census,the committee and action options.
Commissioner Hoppock asked if there had been any thought for having the school district
involved. Ms. Driscoll stated staff talked with the school district and the census had partner
coordinators that market to the schools. She continued to state that the school district
thought CAPS would be a good organization to cover the schools.
Commissioner Hodges stated that the homeless population would be difficult to count.Ms. NM
Driscoll stated there were some organizations that could help with homeless population.
Commissioner Hoppock asked if there were some changes related to college students that �{
could list their residence different ways. Ms. Driscoll stated she could bring back
information on this. Michael Schrage, City Manager, stated he remembered hearing
something about it but staff would need to look into it.
I{ Mayor Davis ask if the committee would be responsible for contacting the minority groups
or would the groups need to contact the committee. Ms. Driscoll stated there were a lot of
resources available from the census to handout to the committee members or the public.
Mayor Davis stated his concern was making sure all of the community is counted.
Mona Wells, 718 W. Prescott Avenue, asked if it would be best to go to the jail to get the
prisoners counted. Ms. Driscoll stated that the committee would work with parole officers
to obtain the information.
19-0402 Moved by Commissioner Ryan, seconded by Commissioner Hay, to adopt Resolution No. 19-7786
creating a Complete Count Committee for the purpose of increasing community awareness and
participation in the 2020 U.S. Census and providing for its membership, appointment, term and
procedures. Aye: (5). Nay: (0). Motion carried.
(7.5) Review and consideration of baseball and softball improvements agreement.
Mike Schrage, City Manager, explained the project scope, agreement, fiscal impact and
action options.
Commissioner Ryan asked if the proposed recovery for the maintenance cost of the fields +
was through fees that were charged. Mr. Schrage stated that was what was proposed and I
some improvements in staffing could be helpful.
Commissioner Hoppock asked if there was a concern that we did not have a target balance
for the reserve fund and stated that he did not expect the reserve fund to fully replace the
turf in 15 years and asked if we would leave it up to the user group to come up with the
number we want to see placed in that account. Mr. Schrage stated as we finalize the turf
design, staff and the baseball group would need to come up with a set number and timeline
to use them to set fees to cover those costs. He continued to state the fees we currently
collect went into the general fund and there was not an ability to redirect the current
revenue elsewhere without the impact of the parks department budget and if there was a
facility in high demand that could justify a higher fee.
Mayor Davis asked if the fees we currently collect went into the City's general fund or the
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Parks & Recreation general fund. Mr. Schrage stated it was in the City's general fund and
currently fund the activities of the parks department.
Commissioner Hoppock stated the patio seating was not part of the $8 million dollar
Y project. Mr. Schrage stated yes.
0. Commissioner Hoppock asked if a section of the outfield turf could be replaced much like
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by the diamond. Mr. Schrage stated yes it could be replaced but you may end up with
fading overtime.
Commissioner Hoppock stated that Baseball Enterprises would begin their project in 2020
S and the City of Salina would follow in 2021 and asked how that would work. Mr. Schrage
stated that Baseball Enterprises would be taking on the turf project and allow the City to
get the transient guest tax in place and allocate some funds.
Commissioner Hoppock stated if we could start the transient guest tax and build that up,
he then asked when the City of Salina would be required to bond their portion of the
project. Mr. Schrage stated that the City could do temporary notes much easier than
bonding but stated the City would need to either have funds on deposit, temporary notes
or full general obligation bonds to satisfy cash basis before we enter into the contract.
Commissioner Hodges asked why the USD 305 portion wasn't included in the City's
portion. Mr. Schrage stated he thought the perspective was for $4 million dollars to be the
public portion (City of Salina money) and the remaining$4 million dollars to be the private
portion to be funded through Baseball Enterprises solicitation of donations of additional
public and private funds.
Commissioner Hodges asked if the field rental history had demonstrated the ability to help
fund the turf replacement. Mr. Schrage stated roughly$175,000 and if we can get to the cost
of the replacement set the fees accordingly. Commissioner Hodges asked if USD 305 was
aware they would be paying a portion of the project up front and then be paying an
increased fee to play each year. Mr. Schrage stated he would defer that question to Baseball
Enterprises.
Commissioner Hodges asked if the naming rights proceeds would be counted towards the
amount and if grants were applied for, how would those funds be accounted for. Mr.
Schrage stated Baseball Enterprises would need to speak to that. He continued to state that
there was only one grant he was aware that was being applied for.
Commissioner Hodges stated her concerns on the makeup of the ECRA Maintenance and
Operations Advisory Board and asked if a representative structure would link to the
membership on the board. Mr. Schrage stated it was advisory to staff,the city manager and
the City.
Commissioner Hodges asked if we go down the path of phasing the project, she mentioned
that the Matson Field drainage and Dean Evans dugout and press box were moved down
to the later phases and asked staff for some reassurance. Mr. Schrage stated that he
deferred to staff and Baseball Enterprises. Chris Cotten, Director of Parks & Recreation,
stated staff had already started on the base work to resolve the drainage problems. He
continued to state that parks staff would work with engineering to continue to address the
drainage problems. He also stated that some of the press box work had been done to
improve sound work,air conditioning,etc. and stated that some of the items listed could be
further improvements to the dugout and press box.
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Commissioner Hodges provided her thoughts on the project scope. Mr. Cotten provided
additional information on the work staff has performed or would be performing on the
drainage problems.
Commissioner Hoppock asked if the advisory board was just an advisory board and the
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City of Salina was the final say. Mr. Schrage stated yes.
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"' Commissioner Hoppock provided his thoughts on fees to be charged for tournaments.
Mayor Davis asked if the request was to proceed with the patio ahead of the rest of the
project and why that project was not included in the money Baseball Enterprises would be
supplying for the project. Mr. Schrage stated he thought Baseball Enterprises wanted to get
that project under way faster than the rest of the project. Greg Bengtson, City Attorney,the
patio component of the project was intended to go first and was not subject to the
conditions precedent but was involved in the license agreement to allow the contractors of
Baseball Enterprises to perform the work.
Mayor Davis asked if the Baseball Enterprises was paying for the additional netting as part
of the patio. Mr. Schrage stated as the stadium was currently, the patio would cause
additional netting and Baseball Enterprises would be paying the additional cost for that
portion of the netting.
Mayor Davis asked if Baseball Enterprises had total control over the patio project. Mr.
Schrage stated the City of Salina had the opportunity to object and review any portion of
the project. He continued to state the design of the patio project would come to the City of
Salina for review and approval.
Mayor Davis asked if Baseball Enterprises could really get the turf at a cheaper cost. Mr.
Schrage stated that he would let Baseball Enterprises address that.
Mayor Davis asked where the possible sources were to come up with the remaining
amount needed to fund the project. Mr. Schrage stated there were some options to cover
the sources,including increase in transient guest tax increment or possibly money from the
Chamber of Commerce.
Mayor Davis asked for clarification on the "District". Mr. Bengtson explained the legal
term of the school district.
Mayor Davis asked if there were other City of Salina agency or boards that would perform
what the ECRA Maintenance and Operations Advisory Board would do. Mr. Schrage
stated the City of Salina Building Services would still work through the permit.
Mayor Davis asked what the role of the ECRA Maintenance and Operations Advisory
Board was. Mr. Schrage stated just to recommend to the City of Salina.
Mayor Davis asked if there were other ways to capture money towards the project. Mr.
Schrage stated staff could explain the current tournaments and possible future options.
Mayor Davis asked if the scheduling priorities were based on donor levels. Mr. Schrage
stated that could be best answered by Baseball Enterprises.
Mayor Davis asked if pushing the creation of the ECRA Maintenance and Operations
Advisory Board could be pushed back. Mr. Bengtson stated the creation of the advisory
board would begin on January 1,2020 and end December 31,2050.
Mayor Davis stated that staff could be getting conflicting information from two (2) separate
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advisory boards. Mr. Schrage stated the ECRA Maintenance and Operations Advisory
Board would come to the City of Salina for consideration and maintenance items could
come to staff for Parks &Recreation Advisory Board advisement.
Byron Tomlins and Kenny Hancock, Baseball Enterprises, responded to questions of the
City Commission on donations/fundraising,scheduling games and tournaments.
Mr. Bengtson mentioned Section 7.5 of the draft agreement for fundraising and subsection
7.5.1 and additional subsections could add additional fundraising.
Mayor Davis asked how the baseball at-large and softball at-large representatives would be
chosen. Mr. Hancock stated that their thought would be for those two (2) individuals to be
chosen by the committee.
Commissioner Hodges asked if a Parks & Recreation Advisory Board member could sit on
the ECRA Maintenance and Operations Advisory Board. Mr. Tomlins stated yes,
absolutely. Mr. Hancock stated the advisory board started with 15 members but was drawn
down to eliminate the possibility of failure.
Mr. Hancock provided information on the patio project and why it was asked to be
completed first.
Mr. Schrage asked Mr. Hancock to explain the work Baseball Enterprises had done on the
turf replacement portion of the project. Mr. Hancock provided detailed information on the
turf replacement.
Larry Britegam,Salina,stated the financial institutions were behind this project.
James Bowden, 1111 E. Iron, provided his thoughts on the fees to fund the project and the
naming rights to the facility.
Mayor Davis asked what Baseball Enterprises was planning to do if they raised more than
the$4 million dollars and if there was an excess in naming rights,could that money be used
for a reserve fund. Mr. Tomlins stated Baseball Enterprises would put the money back into
the community. Commissioner Hodges stated that was a very good question but thought
the money could be used for a reserve fund. Mr. Tomlins stated that he may use all or none
of the naming rights that he originally asked for.
Commissioner Hodges asked if thresholds were developed for the various naming rights.
Mr. Schrage stated Baseball Enterprises could raise funds based on naming rights. Mr.
Tomlins stated that everyone was aware that the City Commission had the final say. He
continued to state that he did list the amounts for each of the various facilities and included
on the naming rights application previously.
Mayor Davis asked if the figures in Phase 3 were included in the $8 million dollar cap. Mr.
Schrage stated Phase III was not. Mr. Hancock stated all of Phase I and Phase II were
included in the$8 million dollar amount but Phase III was not.
Mayor Davis asked if there had been enough conversation for the City Commission to
approve Option#1 or Option.#2. Mr. Schrage stated maybe after public comment.
Mr. Schrage stated the takeaways were the makeup of the committee, and conversation
with Baseball Enterprises on overages of the funding. He continued to state staff welcomed
any other items that the City Commission would like included.
Commissioner Hodges asked if the naming rights information listing the amounts could be
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shared with the City Commission, Mr. Schrage stated yes, he intended to find that for
himself and to share it with the City Commission.
19-0403 Moved by Commissioner Hay, seconded by Commissioner Ryan, to vote to indicate concurrence
with the proposed approach and authorize staff to coordinate with the additional parties to the
agreement to finalize an agreement for execution by the City Commission. Aye: (5). Nay: (0).
Motion carried.
The City Commission recessed at 6:45 p.m. for a 10 minute break. The meeting resumed at
6:55 p.m.
(7.6) Animal Control Advisory and Appeals Board recommendation to repeal Ordinance
No. 04-10210 and allow pit bull dogs to be within the City limits of Salina.
Chris Cotten, Director of Parks & Recreation, explained the current ordinance, Animal
Control Advisory Board recommendation, local events preceding adoption of the current
ordinance, local occurrences involving pit bulls, legality/appropriateness concerns, service
and support dogs,fiscal note,and action options.
Commissioner Hay provided his thoughts on repealing the ban and the need for the
owners to be held accountable if actions were taken by their dog no matter what breed the
dog was.
Commissioner Hodges stated in terms of the evolution of our own animal control and
treatment ordinances, and the evolution of breed specific legislation had changed over the
last 20 years,she imagined there might need to be a corresponding revision on how we can
legislate the treatment of the animals that increases their tendencies to be violent and asked
if there had been any thought given to what changes we might make in our existing
ordinances.Mr. Cotton stated that was something staff could look into.
She continued to ask if the time that staff spends evaluating and enforcing breed specific
legislation be redirected to enforcing some of the elements that are known to increase
aggressive behavior in dogs. Monique Hawley, Animal Services Manager, stated yes, we
spend an exurbanite amount of time trying to enforce the breed specific legislation.
Commissioner Hodges asked if the animal code needed to be updated to allow for things to
be included. Ms. Hawley stated she had been doing research and looking at code from
other cities comparable to our size and spoke with animal shelter managers to get a better
understanding what works for them with the vision to make changes to the code for the
good.
Commissioner Hodges asked if the fines needed to be increased. Ms. Hawley stated that
the fines were determined by the courts and not their department. Michael Schrage, City
Manager, stated the fines set depict the maximum amount and the judge could charge a
lesser fine.
Greg Bengtson, City Attorney, stated the enforcement through Municipal Court involved
fines that depending on the amount could be a misdemeanor versus a felony.
Christy Jensen, Concordia, K9 Karma Animal Advocates, handed out information packets
on research for a vicious dog ordinance to the City Commission and provided information
on the breed specific ban and a better option for a vicious dog ordinance.
Tyler Sartain, 233 N. Kansas Avenue, provided his thoughts on the ban and the State of
Kansas dangerous dog law,and asked the City Commission to repeal the ban.
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Matt Eubanks, 115 S. Penn, provided ultormation on the traveling time and cost to deliver
the dogs to other communities;the need for dog liability insurance for dangerous dogs and
allow the shelter to adopt pit bulls out to alleviate stress to the shelter staff.
Cheryl Peterson, 703 State Street,asked for the ban to be lifted and stated it was the owner's
responsibility not the dogs fault. She continued to provide information on her emotional
support dogs.
Scott McCready, 2210 Melrose Lane, stated he would like to keep the pit bull in place and
explained the original use for pit bull dogs back in the 1800's. He continued to provide
statistics on dog bites by pit bulls and information on injuries due to dog bites.
Nicole Krob, 231 S. Clark,provided some factual information on temperament tests in dogs
and provided information on a dog she owned that could not be socialized and trained so it
had to be put down yet she owned two (2) other pit bulls that let her kids crawl all over
them.
James Bowden, 1111 E. Iron, stated he supported repealing the ban but we cannot go back
to the way it was. He continued to state that he would propose sending all dogs through K9
citizenship training and the fee would be waived. He further stated that dogs that did not
go through the K9 citizenship training would pay a higher fee.
Whitney Goracke, Hope, provided information on the dogs she had fostered over the last
two (2) years and she offered her help to the animal shelter to help correct the behavior of
dogs. She continued to ask the City Commission to make everyone happy.
Mona Wells, 718 W. Prescott Avenue, stated she had owned a pit bull and fought the ban.
She continued to provide information on Pete,a pit bull dog she owned.
Deborah Corrales, 124 E. Charlotte,Salina,handed out information to the City Commission
on dog's that were mistaken to be a pit bull due to the dog's appearance.
April Carver, 817 W. North Street, asked the City Commission to remember Petey in the
Little Rascals who was a pit bull and stated it was the owner and not the pit bull that was
the problem.
Angela Fanstra, Sylvan Grove, stated she lived in Salina until she had to move because of
the pit bull ban.
Dr. James Nolan, PhD, residing at 317 S. 12th Street, Salina, with a degree in neuroscience
specializing in animal behavior, provided information on the history on pit bulls and other
bans on dog breeds,and encouraged it to be turned over to a breed neutral ban.
Tonya Greer, 915 Maple Avenue, provided information on her dogs and the need for the
breed specific ban be more specific.
Angie Phillips, 3392 N. Crystal Springs Road, spoke about a dog that she owned that she
had to fight the breed specific legislation in order to keep at a cost of$12,000. She continued
to ask the City Commission to put some strict guidelines in place and if the ban was to
remain in place,to designate a specific person to determine if the dog was a pit bull.
Gary Michaels, 929 S. Eleventh Street, stated he had a recent altercation with a dog and
stated any dog breed could harm a person but it was the environment of the dog that
determined the type of dog.
Kim Cunningham, 683 Georgetown Road, provided information on letters and emails that
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were sent to the City Commission trom individuals that could not be in attendance due to
the weather. She continued to state that there was not enough information provided and
the item needed to be tabled to allow the expert individuals to come in and answer the
questions of the City Commission.
Mr. Schrage explained the information provided in the packet pertaining to this item.
W Mayor Davis asked if staff could review options if persons did not like the decision made
by the City Commission. Mr. Schrage stated there was a provision with sufficient
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signatures that could bring the item back to the City Commission or go up to a vote which
would require 25% of the number of votes casted at the last election.
Commissioner Hodges thanked Kim Cunningham, Deborah Corrales, Nicole Krob, for all
of their hard work and being at the meetings to provide information. She continued to
provide her thoughts on the testimony from the public, and stated that with the exception
of Kim Cunningham, Deborah Corrales, Nicole Krob she did not think the public did the
breed justice.
Commissioner Hoppock stated that he had done his own research, he had spoken with
several citizens that were in favor of the ban, thanked Nicole Krob for putting down her pit
bull when she needed to and stated it was not something most people would do. He
continued to provide his concerns on the pit buil breed, and read a letter the City
Commission received from a citizen regarding the pit bull ban. He further stated he must
error on the side of public safety.
Commissioner Ryan stated he had heard a lot of good information on ideas such as
citizenship classes, etc. He continued by stating that his family had lost a dog due to an
attack by a pit bull and he agreed with Commissioner Hoppock, in the need to error on the
side of public safety and to listen to the citizens' concerns.
Mayor Davis stated he concurred with Commissioner Ryan, he was still waiting for a
reliable method to punish the owner and stated he had things he needed to hear in order to
vote in favor of repealing the ban. He continued to state that he had spoken with Deborah
Corrales in the parking lot after a commission meeting at length about the issue, telling her
his starting point going into keeping the ban in place and what he would need to hear to
have his mind changed. He further stated that not all pit bulls were bad,but when they can
be bad, it could be quite grave. He also provided examples of similar analogy and his
opinion on the need for public safety. He lastly stated he did not hear what he needed to
hear tonight that would make him want to repeal the ban tonight.
Ms. Corrales provided information on dog attacks that had occurred.
Commissioner Hoppock apologized to the good owners and stated that the City
Commission did feel their pain but he had to vote to keep the ban in place.
Commissioner Hodges stated she was in favor of repealing the ban but not until we had
other enforcement in place.
19-0404 Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to retain the current Breed
Specific Legislation. Aye: (3). Nay: (2) Hodges,Hay. Motion carried.
(5.2) Public hearing on the closure of the Kansas Department of Commerce 2017 Small
Cities Community Development Block Grant (#17-CR-003) for commercial
rehabilitation used to help restore the historic train depot at 356 North Santa Fe
Avenue. (Hearing must occur at 7:00 p.m. or after)
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Lauren Driscoll, Director of Community & Development Services, explained the grant,
improvements and requirement for the public hearing.
Mayor Davis opened the public hearing.
Mayor Davis noted the letter from State of Kansas, signed by Linda Hunsicker, stated the
City had pledged $97,581 but expended $113,482.04 and asked if that was money the City
of Salina expended. Ms. Driscoll stated that since the grant was with the City of Salina, it
was common for the City to be listed but the money was actually expended by Bieberly
Architects.
There being no further comments the public hearing was closed.
DEVELOPMENT BUSINESS
(8.1) Resolution No. 19-7783 authorizing the Mayor to execute Gi license agreement with
Pavers, Inc. to allow the installation of a private water line within the public right-
of-way
ightof-way of Francis Street that would provide water service to a building located at
638 Francis Street.
Dean Andrew, Director of Planning, explained the request, affected public and franchise
utilities,fiscal impact and action options.
19-0405 Moved by Commissioner Ryan, seconded by Commissioner Hoppock,to adopt Resolution No. 19-
7783 authorizing the Mayor to execute a license agreement with Pavers, Inc. to allow the
installation of a private water line within the public right-of-way of Francis Street that would
provide water service to a building located at 638 Francis Street. Aye: (5). Nay: (0). Motion
carried.
(8.2) Resolution No. 19-7784 authorizing the Mayor to execute a license agreement with
Lighthouse Properties III, Inc. to allow the construction and maintenance of
recessed parking stalls and landscape planters in the South Fifth Street right-of-way,
a guest drop-off area and masonry planter boxes in the Mulberry Street right-of-
way and a metal canopy in the Santa Fe Avenue right-of-way as part of the
Homewood Suites hotel project.
Dean Andrew, Director of Planning, explained the request, staff comments/analysis,
affected public and franchise utilities,fiscal impact and action options.
Commissioner Hodges stated she had sent a message to the city manager and asked if
Exhibit A and Exhibit B of the agreement could be included. Mr. Andrew stated that staff
generally did not create the exhibits until the item had been acted on. Commissioner
Hodges stated she did not have much concern about the legal description (Exhibit A) but
asked if the site plan (Exhibit B) could be included in the agreement in the future. Michael
Schrage,City Manager,stated that could be done.
Commissioner Hoppock asked if there would be parallel parking on the east side of Fifth
Street. Mr. Andrew stated as far as he knew,there would be public parallel public parking.
19-0406 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to adopt Resolution No.
19-7784 authorizing the Mayor to execute a license agreement with Lighthouse Properties III, Inc.
to allow the construction, designation and reservation of head in, recessed parking stalls in the
South Fifth Street right-of-way, the construction of a guest drop-off area and the placement and
maintenance of landscape planter boxes in the Mulberry Street right-of-way and a metal canopy in
Page 11
the Santa Fe Avenue right-of-way as part of the Homewood Suites hotel project, without any
conditions. Aye: (5). Nay: (0). Motion carried.
(8.3) Resolution No. 19-7785 authorizing the Mayor to execute a license agreement with
Stone Lake Development, LLC and the Stone Lake Master Association to allow the
placement and maintenance of a subdivision entrance sign for the Stone Lake
Addition in the Shoreline Drive right-of-way at the entrance of the subdivision.
Dean Andrew, Director of Planning, explained the request, affected public and franchise
utilities,fiscal impact and action options.
Mayor Davis asked if the underground cable of Westar Energy was completely under the
sign. Mr. Andrew stated they were not for sure that the line was actually in the direct path
of the sign but Westar Energy was prepared to move the underground line if necessary.
Commissioner Ryan asked when a sign would be asked to be removed. Mr. Andrew stated
that in a past case, a letter was sent to an association to repair the sign but when it was not
determined who the responsible party of the sign was, the City ended up removing the
sign.
Commissioner Hodges stated that the rendering submitted with the application by Mr.
Dunn in her eyes was not acceptable. She continued by stating that she appreciated
receiving something that reflected what the applicant was planning on doing. Mr. Andrew
stated that it started as a sign permit and staff notified the applicant that it would need to
be handled as a license agreement.
Commissioner Hodges asked if there would be a sign permit issued or was the license
agreement the only document. Mr. Andrew stated that there was a sign permit application
pending and stated the site plan included in the packet would be included with the license
agreement filed with the Saline County Register of Deeds.
Dustin Herrs, City Planner, explained the documents to be submitted with a sign permit
application. Michael Schrage, City Manager, stated staff tried to work with citizens on
submitting attachments with their applications and accept drawings that showed the
information needed.
Mayor Davis asked for information on the location of the sign. Mr. Andrew stated the sign
would be 34 feet from the nose of the island and would not impact the intersection. He
continued to provide information on the future phases of the development and the location
of the sign.
19-0407 Moved by Commissioner Ryan, seconded by Commissioner Hay, to adopt Resolution No. 19-7785
authorizing the Mayor to execute a license agreement with Stone Lake Development, LLC and the
Stone Lake Master Association to allow the placement and maintenance of a subdivision entrance
sign for the Stone Lake Addition in the Shoreline Drive right-of-way at the entrance of the �{
subdivision. Aye: (4). Nay: (1) Hodges. Motion carried.
OTHER BUSINESS
IN Michael Schrage, City Manager, stated there was an interlocal agreement for prisoner
housing and dispatch services. He continued to state that the County Administrator had
drafted a memorandum to take to his commission extending the agreement to February 29,
2020 and asked if the city manager could sign the agreement.
Page 12
19-0408 Moved by Commissioner Ryan, seconded by Commissioner Hay, to add to the agenda
Amendment #1 to interlocal agreement between the City of Salina and Saline County for jail and
dispatching services. Aye: (5). Nay: (0). Motion carried.
19-0409 Moved by Commissioner Ryan, seconded by Commissioner Hay, to request that the County
Commission approve an amendment to February 29, 2020 and allow the city manager to sign it.
Aye: (4). Nay: (1) Hodges. Motion carried.
Commissioner Hodges asked a question relating to the trailer fire last weekend on North
Thirteenth and wanted to make sure that staff was aware of the citizen concerns that she
had received. MS stated he had spoken with the fire marshal on how difficult it was to fight
the fire and staff had discussed trying to develop a holistic approach for code enforcement.
(9.1) Request for executive session (trade secrets).
I move the city commission recess into executive session for _ minutes to discuss
the subject of a specific economic development prospect based upon the need to
discuss data relating to financial affairs or trade secrets of corporations,
partnerships, trusts, and individual proprietorships pursuant to K.S.A. 75-
4319(b)(4). The open meeting will resume in this room at p.m.
19-0410 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive
session for 15 minutes to discuss the subject of a specific economic development prospect based
upon the need to discuss data relating to financial affairs or trade secrets of corporations,
partnerships, trusts, and individual proprietorships pursuant to K.S.A. 75-4319(b)(4). The open
meeting will resume in this room at 9:37 p.m. allowing for a 5 minute recess to precede the session.
Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 9:22 p.m. and reconvened at 9:37
p.m. No action was taken.
Also present in executive session: Tim Rogers, Airport Authority Executive Director;Mitch
Robinson, Salina Community Economic Development Organization, Inc. Executive
Director; Mike Schrage, City Manager; and Jacob Wood, Deputy City Manager, Greg
Bengtson,City Attorney;and Eric Brown,Salina Area Chamber of Commerce CEO.
(9.3) Request for executive session(legal).
I move the city commission recess into executive session for minutes to discuss
the subject of confidential 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 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.
19-0411 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive
session for 20 minutes to discuss the subject of confidential 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 the
City's legal counsel based upon the need for consultation with an attorney for the public body
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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 9:57 p.m. Aye: (5). Nay: (0). Motion
carried.
The City Commission recessed into executive session at 9:37 p.m. and reconvened at 9:57
p.m. No action was taken.
Also present in executive session: Mike Schrage, City Manager; Jacob Wood, Deputy City
Manager; and Greg Bengtson, City Attorney; Tim Rogers, Airport Authority Executive
Director;and Martha Tasker,Director of Utilities.
(9.2) Request for executive session(legal).
I move the city commission recess into executive session for minutes to discuss
the 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. 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.
Michael Schrage, City Manager, explained the information that was public in nature
and noted that staff had handed out a notebook to each commissioner.
Greg Bengtson, City Attorney, stated that if the City Commission wish to develop a
position prior to the joint meeting on Thursday, which could be done in executive
session.
Mr. Schrage explained the current agreement, the extension of the Kenwood Park
agreement as part of the Oakdale Park agreement, Kenwood Park Expo Center
Options presentation by HDR Engineering, Inc. to the City Commission, a
presentation by GH2 Architects, the correspondence between the City of Salina and
Saline County, pictures of the buildings and the conditions of the buildings, and
Saline County's cost estimates. He continued to state the County Commission was
expecting the City Commission to set the agenda for Thursday's joint meeting.
Commissioner Hodges thanked staff for putting this in one volume and appreciated
the pictures of the various buildings.
Mayor Davis personally wants to meet for a negotiation perspective but have some
sense of cohesiveness if we were going to sit down with our county colleagues to
hash out this topic.
19-0412 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to recess into executive
session for 15 minutes to discuss the 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. 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 10:28 p.m.
Aye: (5). Nay: (0). Motion carried.
Page 14
The City Commission recessed into executive session at 10:13 p.m. and reconvened at 10:28
p.m. No action was taken.
Also present in executive session: Mike Schrage, City Manager; and Jacob Wood, Deputy
City Manager;and Greg Bengtson,City Attorney.
19-04.13 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive
session for 10 minutes to discuss the 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. 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 10:40 p.m.
Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 10:30 p.m. and reconvened at 10:40
p.m. No action was taken.
Also present in executive session: Mike Schrage, City Manager; and Jacob Wood, Deputy
City Manager;and Greg Bengtson,City Attorney.
(9.4) Request for executive session (personnel).
I move the city commission recess into executive session for _ minutes to discuss
the City Manager's performance evaluation based upon the need to discuss
personnel matters of non-elected personnel pursuant to K.S.A. 75-4319(b)(1). The
open meeting will resume in this room at p.m.
19-0414 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive
session for 20 minutes to discuss the City Manager's performance evaluation based upon the need
to discuss personnel matters of non-elected personnel pursuant to K.S.A. 754319(b)(1), Natalie
Fischer, director of Human Resources will be joining for the first ten (10) minutes and Mike
Schrage, City Manager for the last ten (10) minutes. The open meeting will resume in this room at
11:04 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 10:46 p.m. and reconvened at 11:04
p.m.No action was taken.
Also present in executive session for the first 10 minutes with Natalie Fischer, Director of
Human Resources and the last 10 minutes with Michael Schrage,City Manager.
Mayor Davis stated KOMA/KORA training would be held on Tuesday, December 17,2019
at Tony's Pizza Events Center at 6:00 p.m. and a Joint City/County Meeting on Thursday,
December 19,2019 at 6:00 p.m. at the Chamber Annex.
ADJOURNMENT
19-0415 Moved by Commissioner Hay, 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 11:08 p.m.
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[SEAL] Trent W. Davis,M.D.,Mayor
ATTEST:
Shan i Wicks,CMC, City Clerk
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