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11-04-2019 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS November 4, 2019 4:00 p.m. The City Commission convened at 2:30 p.m. for EMS Deployment Study 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 s° Commission meeting. The Clerk replied yes. 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, 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 November, 2019 as "Native American Heritage Month" in the city of Salina. Evelyn Nelson, Community Relations Supervisor, introduces Travis Benoit as the reader of the proclamation. Mr. Benoit read the proclamation and announced associated events. (3.2) The day of November 30, 2019 as "Small Business Saturday" in the city of Salina. Peggy DeBey, The Flower Nook, read the proclamation and announced associated activities. CITIZENS FORUM Jon Blanchard, 250 S. Ninth Street, mentioned that the street names of Arapahoe and Navaho were misspelled and encouraged the City Commission to get the street names changed during this month since the Governing Body proclaimed November as Native American Heritage Month. He continued to state the names should be Arapaho and Navajo. Mayor Davis asked staff how this would be handled. Michael Schrage, City Manager, stated he thought the appropriate department herd the request. Deborah Corrales, Salina, provided information to the City Commission regarding the first psychiatric service dog being a pit bull and provided additional information regarding the cost of pit bull bans and asked what the cost of our ban put on our city's finances. Tonya Greer, Salina, provided information on the breed of her dog, Capone and the character test of dogs. She continued to provide information regarding the court action on her dogs. She further provided her thoughts on the finances of the City of Salina. Norman lvlannel, Salina, stated neither the City Commission nor the County Commission meet next Monday due to a holiday (Veteran's Day) and the City Commission does not recognize that. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME Page 1 None. CONSENT AGENDA (6.1) Approve the minutes of October 28, 2019. (6.2) Adopt Resolution No. 19-7756 authorizing the City Manager to permit the Salina VFW Post #1432 Auxiliary volunteers to solicit within the City's rights-of-way. 19-03$4 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. 0 U ADMINISTRATION (7.1) First reading Ordinance No. 19-11021 levying Salina Business Improvement District No. 1 service fees for 2020. Debbie Pack, Director of Finance& Administration, explained the district and fees. 19-0335 Moved by Commissioner Hodges, seconded by Commissioner Hay, to pass Ordinance No. 19- 11021 levying Salina Business Improvement District Number 1 service fees for 2020 on first reading. Aye: (5). Nay: (0). Motion carried. (7.2) Resolution No. 19-7745 authorizing the City Manager to sign a Service Agreement with OCCK, Inc. for 2020. Debbie Pack, Director of Finance & Administration, explained the agreement, fiscal impact and action options. Commissioner Hay asked if the resolution had anything to do with the signage that was discussed earlier. Ms. Pack stated the agreement mentions that a separate agreement would be developed to cover the signage in the future, if necessary. Commissioner Hodges asked if the KDOT grant had already been approved for 2020 for the maintenance building work. Ms. Pack stated yes. Commissioner Hodges asked if OCCK staff had received an email from a citizen and could respond appropriately. Michelle Griffin, OCCK, stated she would respond to the email. 19-0336 Moved by Commissioner Hay, seconded by Commissioner Hoppock, to adopt Resolution No. 19- 7745 authorizing the City Manager to sign a Service Agreement with OCCK, Inc. for 2020. Aye: (5). Nay: (0). Motion carried. (7.3) Approval of the project budget and resource allocation for the Smedley Family Surgical Center. (Continued from the October 14, 2019 meeting) Chris Cotten, Director of Parks & Recreation, explained the project budget and resource allocation for the request and action options. Commissioner Hodges thanked staff for following through with this step and the additional documentation. Commissioner Hoppock thanked staff also for providing the additional information. Commissioner Hay asked if there were any changes in the bids from the last meeting. Mr. Cotten stated the signage prices were different due to the original bidder dropping out. He continued to state that a couple other bidders increased their bids but the overall price was Page 2 below the original amount. Michael Schrage, City Manager, stated the current purchasing policy was very vague and staff was currently working on an updated policy to bring back to the City Commission for review. Commissioner Hay stated that he hoped we did not have to go through this again, he noted u the bid amounts being made public and the bidding amounts changed. 19-0337 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to authorize the project budget of $43,319.68 with a 5% construction contingency for a total of 545,485.66 with contracted 5 portion of the project being awarded to Design Chief for the signage in the amount of 53,224, Kansas Glass for the store front in the amount of $4,334.48, City Plumbing for plumbing in the amount of $2,214.72 and Bruhl Electric for the electrical work in the amount of 56,250. Aye: (5). Nay: (0). Motion carried. (7.4) Resolution No. 19-7762 providing for the advisability and authorization of a special assessment district for street, sidewalk and drainage improvements for Markley Road from the north right-of-way line of Magnolia Road to a poirit north approximately 3,858 feet,as a direct assess perimeter street. Dan Stack, City Engineer, provided an updated agenda item to the City Commission, explained the district boundaries, proposed improvements, amendments to the documents, fiscal impact, action options. Michael Schrage, City Manager, provided additional information on the added language to the resolution regarding perimeter roads. Commissioner Hoppock asked if one of the tracts one the west decided to plat prior to Markley Road being improved, it would be handled like we did today. Mr. Stack stated yes. He continued to ask if a tract was platted after Markley was improved, how that would be handled. Mr. Schrage stated the City of Salina would carry the cost of the KSA 12a-6a19 and the property owners could petition to be added to the benefit district or would have to make a lump sum payment for their share. Commissioner Hoppock stated that part of the properties were in the county and part in the City of Salina. Mr. Schrage stated yes. Mr. Stack mentioned a sanitary sewer project going on currently in the same area. Commissioner Ryan mentioned the debt financing and noted the sanitary sewer project. Mr. Schrage stated that we do not segregate special assessment financing, it was listed as a lump sum amount. 19-0338 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Resolution No. 19- 7762 providing for the advisability and authorization of a special assessment district for street, sidewalk and drainage improvements for Markley Road from the north right-of-way line of Magnolia Road to a point north approximately 3,858 feet, as a direct assess perimeter street, as amended. Commissioner Hodges provided an explanation of why she would be voting against the agenda item. Mayor Davis called the question to adopt Resolution No. 19-7762, as amended. Aye: (4). Nay: (1). Hodges. Motion carried. Page 3 (7.5) Resolution No. 19-7760 providing for the advisability and authorization of a special assessment district for water, sanitary sewer, street, and drainage improvements for Magnolia Hills Estates Addition No. 2 and authorization of the Mayor to execute an Improvement District Development Agreement between the City of Salina and Magnolia Hills Estates, Inc. Dan Stack, City Engineer, explained the district boundaries, proposed improvements, fiscal impact, action options. Michael Schrage, City Manager, stated the agricultural deferral that Mr. Stack was referring to was for the improvements necessary for the phase being developed and not complete buildout of the property eastward toward Holmes Road. He continued to state it was an extension of sewer and storm detention. He further stated it was necessary to serve this phase but it was not full buildout of the entire portion that would be agricultural deferred. Mr. Schrage continued to state that the Governing Body had asked staff to look into the property tax assessment as it related to vacant properties and staff felt this agenda item was the special assessment question that the information applied to the most. He continued to state that he provided a memo as part of the packet addressing that question. He further continued to clarify the action the Governing Body was asked to take on special assessment financing, the references of agricultural deferral of some of those assessments and the property taxation question was agricultural assessment of vacant properties. Mr. Schrage continued to explain the information provided in the staff memo pertaining to the agricultural assessment of vacant properties. He concluded by stating the more straight forward way to resolve this was a statutory amendment that would clarify it once and for all and we wouldn't find ourselves running up against the Board of Tax Appeals decisions and other courts decisions and revised legislation in response to those decisions. Commissioner Hodges provided her thoughts on the memo prepared by staff and asked if most subdivisions had covenants and restrictions on the use of the properties. She continued by stating she was pushing to see if this was something we could do because it was tax revenue for not only the City but for Saline County and the schools. She further stated if it was going to be too great of a challenge for us to take up, she asked if this was something the Governing Body would be willing to promote as we develop our list of things that we are concerned about for the next legislative session. She continued to provide her thoughts and asked if the remaining Governing Body members were in support of adding it to the list. Commissioner Hodges stated with all due respect, she would like the City to do their own priorities list. She continued to stated there were times, the priorities overlapped but there could be some issues that were more important that don't represent the interest of the business' they represent. She went on to state it would be good to schedule some conversation time to discuss our legislative priorities. Mayor Davis suggested that we get our thoughts crystalized and if there was enough of a common voice on a topic. Commissioner Hoppock asked when the legislative agenda was put together. Mr. Schrage stated the Chamber of Commerce was working on it as we speak and they would be having conversations about it in the next couple weeks. He continued to state he had not identified a study session date but we could do that if the Governing Body would like. Page 4 Commissioner Hodges stated it was a great idea to hold a study session and provided her thoughts on a priority list separate from the Chamber of Commerce. Commissioner Hoppock stated it was a good idea to have a study session, he had a couple ideas on his mind that may need to be included as priorities on the list to the State. He continued to ask if the legislature convened in January. Mr. Schrage stated yes and the Chamber of Commerce was trying to work ahead. Commissioner Hoppock asked how many lots were in Phase I and Phase II. Mr. Stack Tca stated Phase I had 29 lots and Phase II had 16 lots. 3 Mr. Stack noted that as part of the process, staff had to check the property owners for delinquent specials and stated when we talked about this in June, there were no delinquent specials, when we talked about the Stone Lake special assessments a couple weeks ago, that developer was in this development as well, one of the developers (Kelly Dunn) had delinquent specials and stated Mr. Dunn no longer had the delinquent specials. He continued to state as of today, we did not have any delinquent special assessments on any of the developers in this development. Mr. Schrage stated that the City Commission may have seen on the agenda planner for November 18th• bringing back amendments to the development agreements relating to Stone Lake. He continued to state part of the conversation staff had with the developers, the current policy anticipated the City was going to oversee the construction contract so it required performance bonds, payment bonds, financial securities at the outset and the actual performance bond would be between the developer and the contractor and maintenance bond would be started with the developer and be transferred to the City when we accept the improvements and the financial security would be necessary at the point the developer turns in their own bills and were seeking reimbursement. He continued to state the item that was on November 18, 2019 agenda was to better speak to the scenario the developer was proposing which the developer would oversee the construction contract and staffs intention was to acknowledge the transition of the status of the delinquent property taxes as part of that resolution amendment. Commissioner Hodges asked for clarification on the number of pending lots. Lauren Driscoll, Director of Community & Development Services stated there were 78 lots pending based on Wheatland Valley Phases I through III. Ms. Driscoll stated there were various steps in the process; platted lots, lots with special assessments, and buildable lots and explained how that information could be provided to the City Commission in the future. Mr. Schrage stated that we may be able to add the number of lots sold to the list. Ms. Driscoll stated she had already created the spreadsheet but needed to verify some numbers with Dean Andrew, Director of Planning, and would then be able to get it sent out. Commissioner Hoppock asked how many lots were in Stone Lake Addition, Phase 2 and Phase 3a. Mr. Stack stated 17 lots in Phase 2 and 42 lots in Phase 3a. Commissioner Hoppock stated that Magnolia Hills Phase I had 29 lots and Magnolia Hills first phase was completely sold out and River Trail Phase II had how many lots for sale. Mr. Stack stated River Trail Phase II had 15 lots remaining for sale this summer but the last number from the developer was 10 lots. Jon Blanchard, 250 S. Ninth Street, thanked staff for the memo prepared, thanked bond counsel provided his thoughts. He continued to state the seven (7) page memo appeared to Page 5 a be a legal brief and asked if legal counsel and concurred with the findings of the report regarding property tax assessments on agricultural deferrals. He further provided his thoughts on the scenarios listed in the memo. Greg Bengtson, City Attorney, asked what Mr. Blanchard would suggest was the ascertainable standard by which the objective would be achieved. Mr. Blanchard stated he would go with scenario two but continued to provide his thoughts on the scenarios. He continued to provide his thoughts on the scenario options and the amount of money being lost by the agricultural deferrals. Commissioner Hodges asked if there was any interest by her fellow Governing Body members in taking a look at agricultural assessment of vacant properties, having staff take 3 a deeper look into it and looking at revenues being left on the table. She continued to state that the City Commission owed it to staff to let them know whether or not we want to proceed. She further stated given some of Mr. Blanchard's comments in terms of scenario number 2 and also thought there were other communities in the State of Kansas that once infrastructure was in, do actually assess at a vacant lot value. She went on to state she felt there were a couple options; Option #1: wanted to look and see if it was something viable that we could do, Option #2: postpone this item until we can get a clear sense on going forward with this or Option #3: put it on the Legislative talking points to distribute to the legislators for the upcoming year. Mayor Davis stated it was a couple options that he did not think those people could do any time soon. Commissioner Hoppock stated that he did not think that Mr. Bengtson was able to provide a clear answer on the question asked by Mr. Blanchard earlier. Mr. Bengtson stated that the city manager, after receiving the indication from bond counsel and it not being a problem from a bond counsel standpoint, the City Manager consulted with legal counsel fully and legal counsel understood our task to objectively look at how one might address this phenomenon, in a way that would enable the Governing Body to determine, as a policy matter, identify a potential solution to the assessment question. He continued to state that as noted in the memo, for option one (1), we found ourselves trying to affect the judgement of the assessor (appraiser) as well as affecting the process, not making it prudent to go down that path. He further stated when you were dealing with the level of discretion the county assessor (appraiser) had, dealing with the breath of the definition of agricultural use and dealing with anything we had been able to see from the cases or any interpretive aspects from Board of Tax Appeals (BOTA), he did not know what they (a developer or owner) had to do to be absolutely sure the result of that use would assure that the county appraiser would assess it as vacant as opposed to agricultural. He continued to explain his initial response regarding the question. Mr. Blanchard stated there were 100 vacant lots scattered throughout the City of Salina and a majority of them have fescue grass and the assessor changed the assessed value from vacant b agriculture. He continued to state there was criteria that determined if a lot was agricultural or vacant. He further provided his thoughts on the need for a fair system and noted the fiscal note listed on the agenda item. Mr. Bengtson stated we did not raise nor discuss the full acceleration of the specials as a potential damage and asked if Ms. Riekhof had any experience or a thought on cities looking to any acceleration of specials being due on a failure to perform on a development agreement or not. Gina Riekhof, Gilmore & Bell, stated she had not drafted that into a development Page 6 agreement and not aware of that being in a development agreement before where a violation of a provision of a development agreement would cause acceleration of the special assessment payments, and Mr. Bengtson was right, that was not something that was discussed last week as staff, bond counsel and legal counsel had explored the federal tax related issues with respect to these bonds. She continued state that we wanted to make sure we were not violating in the federal tax code a provision called the prohibition on private loans and also a private use restriction that was also in the federal tax code both of which if N you violate the rules, you are not able to issue tax exempt bonds, which lowers the cost of borrowing,which is what makes special assessments financing attractive. She further stated if the remedy is tied to the special assessments then that makes the tax analysis more difficult and was not prepared to give a definitive answer on the effects of the federal tax code and cause a problem on the tax exemption on the bonds but at the end of the day, we probably don't want the federal tax issues related to our bonds that drives the policy decision, if that is the direction the Governing Body wanted to go. She went on to state it would need to be something that we look into as far as challenges on a federal tax standpoint. Mr. Bengtson stated he did not think it was an easy one but with Ms. Riekhof here, he felt compelled to ask. Mr. Schrage stated that we had talked through most everything that was described with the exception of the special assessments coming due and payable, with the respect to examples of vacant lots that find themselves in this circumstance, without a doubt the Greeley Avenue property was a topic of conversation and if you look at the tall grass and weed exemptions, there is a very specific Salina unique exemption for property maintained for agricultural purposes for ad valorem assessment. He continued to explain the exemption and explained previous conversations with the county appraiser and their inspection process. Commissioner Hoppock personally thought we were getting into a lot of what ifs and it was up to our county appraiser to interpret what the lot was used for and thought other counties did that through their appraiser, the appraiser went out and made that decision. He continued to state that he would have to ask bond counsel if she knew of anyone that tried to do this through a development agreement. He further stated he did not think it was a conversation we wanted to get into and if you wanted to, send a letter to the county appraiser and tell them the concerns with the way things are being appraised. A conversation ensued between the City Commission and Mr. Schrage regarding agricultural assessments on vacant properties and creation of special assessment districts. Mr. Bengtson asked if it was too early for a restroom break and he had a question to ask the City Manager regarding agricultural assessments on vacant properties. The City Commission recessed at 6:15 p.m. for a 10 minute break. The meeting resumed at 6:27 p.m. Mr. Bengtson stated he had consulted with the City Manager and bond counsel regarding the options within the memo regarding agricultural assessments on vacant properties. He continued to state there could be a potential enforcement appeal by precluding the property owner from protesting a vacant determination. Mr. Bengtson stated that Ms. Riekhof may be able to provide background information. She provided information on a development agreement on a TIF district and how that could be linked to use in a special Page 7 assessment district development agreement. Mr. Schrage stated the provision or requirement would run with the land and not the property owner. Mr. Bengtson stated that there was one piece left on what the remedy would be if the property owner would appeal. 19-0339 Moved by Commissioner Hay, seconded by Commissioner Hoppock, to adopt Resolution No. 19- 7760 providing for the advisability and authorization of a special assessment district for water, sanitary sewer, street, and drainage improvements for Magnolia Hills Estates Addition No. 2 and N authorization of the Mayor to execute an Improvement District Development Agreement between the City of Salina and Magnolia Hills Estates, Inc. 3 Mayor Davis stated under that scenario, we would not be asking the county assessor (appraiser) to be part of that scenario. Mr. Bengtson stated it would be to not try to affect the judgment of the county assessor (appraiser) of them doing their job. Commissioner Hoppock provided his thoughts on the scenario provided. Commissioner Hodges stated that we would not be having any further discussions on this topic or did I miss something. Mayor Davis provided his thoughts on the potential scenario, the current agenda item and what could be done in the future. Commissioner Hodges stated if this was a non-starter from the Governing Body then we do not need staff to look into it any further. Mayor Davis stated he thought we could get a consensus before the evening was over but did not think it should hold this agenda item up. Mayor Davis called the question to adopt Resolution No. 19-7760. Aye: (4). Nay: (1) Hodges. Motion carried. (7.6) Holmes Road Special Assessment Districts (7.6a) Resolution No. 19-7763 providing for the advisability and authorization of a special assessment district for the interim street, sidewalk, and drainage improvements for Holmes Road from Magnolia Road to a point approximately 2,640 feet north of Magnolia Road as a direct access perimeter street. (7.6b) Resolution No. 19-7764 providing for the advisability and authorization of a special assessment district for interim street, sidewalk and drainage improvements for Holmes Road from a point approximately 2,640 feet north of Magnolia Road to Cloud Street as a direct assess perimeter street. (7.6c) Resolution No. 19-7765 providing for the advisability and authorization of a special assessment district for the full standard street, sidewalk and drainage improvements for Holmes Road from Magnolia Road to a point approximately to Cloud Street as a direct access perimeter street to a full standard. Dan Stack, City Engineer, explained district boundaries, proposed improvements, fiscal impact, action options. Michael Schrage, City Manager, provided information regarding the KSA 12a-6a19 within the district. Commissioner Hoppock asked what the current traffic count was for Holmes Road. Mr. Stack stated 220 cars. Commissioner Hodges asked if the cost would be recovered for this when the properties Page 8 within the district connect up. Mr. Schrage stated yes. Mayor Davis stated it was a little different than it was a couple months ago and was more based on traffic count. Mr. Schrage stated yes, knowing that the tracts would develop and the traffic count would grow. Mayor Davis asked when Holmes Road would be improved. Mr. Schrage stated the w platting could occur going west to east but that was why it was important to deal with y creating the districts now. Mayor Davis asked if there was going to be connection to Markley Road and Holmes Road in the subdivisions. Mr. Stack stated yes. U Mayor Davis asked if there was an expiration on the benefit district. Mr. Stack stated no. 19-0340 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Resolution No. 19- 7763 providing for the advisability and authorization of a special assessment district for the interim street, sidewalk, and drainage improvements for Holmes Road from Magnolia Road to a point approximately 2,640 feet north of Magnolia Road as a direct access perimeter street, as amended. Aye: (4). Nay: (1) Hodges. Motion carried. 19-0341 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Resolution No. 19- 7764 providing for the advisability and authorization of a special assessment district for interim street, sidewalk and drainage improvements for Holmes Road from a point approximately 2,640 feet north of Magnolia Road to Cloud Street as a direct assess perimeter street, as amended. Aye: (4). Nay: (1) Hodges. Motion carried. a19-0342 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Resolution No. 19- 7765 providing for the advisability and authorization of a special assessment district for the full standard street, sidewalk and drainage improvements for Holmes Road from Magnolia Road to a point approximately to Cloud Street as a direct access perimeter street to a full standard, as amended. Mayor Davis asked if the traffic count reached the high number Holmes Road would look like Markley Road. Mr. Schrage stated yes. Mayor Davis called the question. Aye: (4). Nay: (1) Hodges. Motion carried. DEVELOPMENT BUSINESS (8.1) Applications #Z19-7A and #P19-3/3a (filed by Jeremy Forshee) (8.1a) Amended Application #Z19-7A, (filed by Jeremy Forshee on behalf of JLF Properties, LLC), requesting a change in zoning district classification from RS (Residential Suburban) to PC-6 (Planned Heavy Commercial) on a one- half acre unplatted tract of land located on the north side of Beverly Drive west of Broadway Boulevard, addressed as 1430 Beverly Drive. (8.1aa) First reading Ordinance No. 19-11022. 1:j (8.1b) Consider acceptance of the offered utility easement dedication from JLF ii Properties, LLC to serve the Forshee Addition, a one lot plat of a 0.51 acre tract of land located on the north side of Beverly Drive west of Broadway Boulevard. Page 9 Dean Andrew, Director of Planning, explained the rezoning, proposed easement dedication II and action options. Mayor Davis asked if there were any plans for a lit sign or outside lighting. Mr. Andrew stated that the applicant indicated to the Planning Commission that he did not intend to E place a sign on the property. He continued to state a site lighting plan and cut sheets would 2 w need to be submitted in the future for review so the outside lighting did not spill over to the neighboring properties. 0 Mayor Davis asked how items like this had been reviewed and approved in the past. Mr. Andrew stated it would not be unusual for approval of both phases to occur up front since 3 the applicant was very open with providing that information. Jeremy Forshee, Assaria, Kansas, stated he did not have any immediate need for phase two and provided information on the vagrants in the area and that he did not take tearing down the house lightly. Commissioner Hoppock thanked Mr. Forshee for developing in the area. 19-0343 Moved by Commissioner Ryan, seconded by Commissioner Hay, to pass Ordinance No. 19-11022 changing the zoning district classification from RS (Residential Suburban) to PC-6 (Planned Heavy Commercial) on a one-half acre unplatted tract of land located on the north side of Beverly Drive west of Broadway Boulevard, addressed as 1430 Beverly Drive to allow construction of a storage building with a potential additional phase on first reading. Aye: (5). Nay: (0). Motion carried. Mr. Andrew provided information on the plat request. 19-0344 Moved by Commissioner Hodges, seconded by Commissioner Hay, to accept the offered utility easement dedication from JLF Properties, LLC to serve the Forshee Addition, a one lot plat of a .51 acre unplatted tract of land and authorize the Mayor to sign the easement documents Aye: (5). Nay: (0). Motion carried. (8.2) Resolution No. 19-7766 expressing support for the nomination of the National Bank of America, 100 S. Santa Fe (UMB Bank) to the National Register of Historic Places and Register of Historic Kansas Places. Dean Andrew, Director of Planning, explained the request and action options. Commissioner Hodges thanked John Burger and Brenda Spencer for their hard work on the detailed nomination information. She also thanked Blue Beacon International and Lighthouse Properties III for saving the building. 19-0345 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to concur with the recommendation of the Salina Heritage Commission finding that the National Bank of America building at 100 S. Santa Fe meets the applicable Criteria of Eligibility for nomination to the National Register of Historic Places and to direct staff to submit the attached Resolution of Support to the State Historic Preservation office. Aye: (5). Nay: (0). Motion carried. (8.3) Resolution No. 19-7767 authorizing the Mayor to execute a license agreement with Blue Beacon International, Inc. to allow an outward swinging exit door and associated handrail in the public alleyway on the south side of Iron Avenue east of Santa Fe Avenue. Dean Andrew, Director of Planning, explained the request and action options. Page 10 Commissioner Hoppock asked if there was much traffic down the alley. Mr. Andrew stated that staff had discussed with the applicant about installing a bollard at the entrance of the alley to keep vehicular traffic from entering the alley. Guy Walker, Blue Beacon International, Inc., stated he was in favor of installation of the bollard and stated they had the first and fourth floor of the building leased and had two floors to go. Mayor Davis asked how the alley was plowed of snow. Mr. Andrew stated the bollards • would be lowed below ground and the equipment used would fit down the alley to plow the snow. 0 Commissioner Hodges asked what happened to the license agreement request at 104 N. U Santa Fe. Mr. Andrew stated the license agreement was approved and a bollard would be installed 63 feet north of Iron Avenue to allow access to a portion of the alley by the Stromberg's for deliveries. 19-0346 Moved by Commissioner Hay, seconded by Commissioner Hoppock, to adopt Resolution No. 19- 7767 authorizing the Mayor to execute a license agreement with Blue Beacon International, Inc. to allow an outward swinging exit door and associated handrail in the public alleyway on the south side of Iron Avenue east of Santa Fe Avenue. Aye: (5). Nay: (0). Motion carried. (8.4) Resolution No. 19-7758 appointing members of the Planning Commission to serve on the Board of Zoning Appeals and the Heritage Commission. Dean Andrew, Director of Planning, explained the appointments and action options. Mayor Davis asked if there was any situation that there would be a conflict of interest for hearing the agenda item twice. Mr. Andrew stated the Planning Commission helps to develop the ordinances and the Board of Zoning Appeals carries out those ordinances. Mr. Andrew continued to provide examples of the role of the Planning Commission and the Board of Zoning Appeals. Lauren Driscoll, Director of Community g Development Services, provided additional information regarding the role of the Board of Zoning Appeals. Greg Bengtson, City Attorney, stated there would never be a time when a Board of Zoning Appeals member would act on an item in a quasi-judicial matter that the Planning Commission acted on. 19-0347 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to adopt Resolution No. 19-7758 appointing members of the Planning Commission to serve on the Board of Zoning Appeals and the Heritage Commission. Ave: (5). Nay: (0). Motion carried. OTHER BUSINESS 19-0348 Moved by Commissioner Hodges, seconded by Mayor Davis, to pursuing to evaluate the efficacy and evaluating the agricultural assessment of vacant properties in residential subdivisions in the city. Aye: (4). Nay: (1) Hodges. Motion carried. Commissioner Hoppock stated it would need to be discussed in order for him to be comfortable. Michael Schrage, City Manager, stated if there was direction for a discussion, there were talking points staff could work on. Page 11 Commissioner Ryan stated this commission was short lived and it would be a matter for the new commission coming in. Mayor Davis called the question. Aye: (2). Nay: (3) Hay, Hoppock, Ryan. Motion failed. Lnin Commissioner Hay asked for a clarification on the number of bollards at the corners of the intersections downtown that have been hit. Michael Schrage, City Manager, stated staff had looked at the issues with the location of the bollards and the possibility of moving those back two feet. Jim Kowach, Director of Public Works, stated some intersections had been moved back and they have not been hit yet. Michael Schrage, City Manager, stated that staff had reached out to the City Commission on availability of Attorney General Presentation on open meetings and was asked if this was due to the request of the Attorney General's office or was proactive. He continued to state that staff thought of recording the presentation for use by board and commission board members. Commissioner Hodges stated that the League of Kansas Municipalities had an appointments project that was designed to recruit women for public service and public boards. She continued to state she could forward that information to the City Manager. Greg Bengtson, City Attorney, stated Philip Michael, Assistant Attorney General, would be the person presenting the presentation and he had attended his presentation in the past. Mr. Schrage stated the presentation would be offered regionally but hosted by the City of Salina. Mayor Davis stated the plastic bag ban information was very helpful information and thanked staff for compiling it. Mayor Davis asked if early December would work to add it as an agenda discussion item. 19-0349 Moved by Commissioner Hay, seconded by Mayor Davis, to add as a discussion item on December 9, 2019 City Commission meeting for plastic bag discussion. Aye: (4). Nay: (1) Hodges. Motion carried. Michael Schrage, City Manager, provided an update on the Expo Center Lease agreement since the September 30. 2019 meeting. (9.1) 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. 19-0350 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive session for 30 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 8:45 p.m. allowing for a 5 minute break to precede. Aye: (5). Nay: (0). Motion carried. Page 12 The City Commission recessed into executive session at 8:15 p.m. and reconvened at 8:45 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. z n 19-0351 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive y 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 o 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 8:56 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 8:46 p.m. and reconvened at 8:56 p.m. 19-0352 Moved by Commissioner Hoppock, seconded Commissioner Hodges, after reviewing the recent proposal from the Saline County Board of Commissioners we direct staff to request a Joint Meeting with the Saline County Board of Commissioners to discuss the Expo Center Lease. Ave: (5). Nay: (0). Motion carried. ADJOURNMENT 19-0353 Moved by Commissioner Hay, seconded by Commissioner Ryan, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 9:00 p.m. )c—vv° rv--9 [SEAL] Trent W. avis, M.D., Mayor ATTEST: aWt.ACU liOlQ.IA Shandi Wicks,CMC,City Clerk I Page 13