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01-27-2020 Minutes CITY OF SALINA,KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS January 27,2020 4:00 p.m. „x The City Commission convened at 3:45 p.m. for Citizens Forum at City-County Building, Room 107B. Mayor Hoppock 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 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. Thoseg a quorum:resent and comprising m: Ma or Michael L. Ho ock (presiding), Commissioners p p q Y pP Trent W. Davis,M.D.,Rod Franz,Melissa Rose Hodges,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 PROCLAMA'T'IONS None. CITIZENS FORUM Deborah Corrales, Salina, provided information on pit bull narcotic dogs in the United States with one in Kansas and provided information on the book Misunderstood Nanny Dogs by Jesse Thomas Beasley. She continued to provide information on another book written regarding pit bulls. James Bowden, 1111 E. Iron, provided his thoughts on the vote taken by the City Commission on the pit bull ban and encouraged the City Commission to review the current policies to look for a better option. Norman Mannel, Salina, provided information on a pit bull serving for a law enforcement department in New Jersey. Mr. Mannel continued to provide information regarding the wages of jobs for City employees. Mark Coble,2144 Columbine Terrace, represented the Mariposa Homeowner's Association, provided information regarding an agreement between the Mariposa Homeowner's Association, the Cornerstone Development Group and the City of Salina pertaining to the public sanitary sewer easement and drainage facility maintenance agreement. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the special meeting minutes of January 13,2020. (6.2) Approve the regular meeting minutes of January 13,2020. �� Page 1 (6.3) Approve agreement with IMS Infrastructure Management Services for pavement data collection and condition analysis, in the amount of $54,000 with a $3,000 project contingency. (6.4) Approve Resolution No. 20-7788 concluding the 2019 evaluation of City Manager's performance and periodic review of City Manager's base salary. Commissioner Hodges requested that Item 6.3 and 6.4 be removed from the consent agenda. Commissioner Franz requested that Item 6.3 be removed from the consent agenda. 20-0029 Moved by Commissioner Davis, seconded by Commissioner Hodges, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. (6.3) Approve agreement with IMS Infrastructure Management Services for pavement data collection and condition analysis, in the amount of $54,000 with a $3,000 project contingency. Dan Stack,City Engineer, explained the contract,the project and action options. Commissioner Hodges asked if the deliverables would be presented in a format that we can compare to the previous data collection and condition analysis. Mr. Stack stated the criteria and standards were provided to the company to base the data collection and condition analysis off of. Commissioner Hodges asked if the brick streets were included in this survey. Mr. Stack stated no. Michael Schrage, City Manager, asked staff to explain the data received and how the date was used. Mr. Stack stated the data was collected to provide information on the condition of the road and was used to create the plan for road maintenance. He continued to state that staff could bring the information back to the City Commission in a study session sometime in the fall. Commissioner Franz stated his question was pertaining to timing and that was answered. He continued by asking if there was an opportunity to collect data on the gravel roads. Mr. Stack stated that most of the gravel roads were double chip sealed which helped with wash boarding and grading. Commissioner Franz stated he would like to see some stranded streets called out specifically in the data collected to help determine a maintenance plan for those streets. Jim Kowach, Director of Public Works, provided additional information on the use of the data collected and the maintenance of the streets. Joan Ratzlaff, Salina, provided information on the brick streets in the community and did not want those streets forgotten. She continued to provide information on a repair completed on Wilson between 9th and Highland and stated the crew that made the repair did a great job. 20-0030 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to approve an agreement with IMS Infrastructure Management Services for pavement data collection and condition analysis, in the amount of$54,000 with a$3,000 project contingency. Aye: (5). Nay: (0). Motion carried. Page 2 (6.4) Approve Resolution No. 20-7788 concluding the 2019 evaluation of City Manager's performance and periodic review of City Manager's base salary. Commissioner Hodges asked for clarification on the merit based increases for 2019 and 2020. Natalie Fischer, Director of Human Resources, stated there was a cost of living adjustment of 2.5% and a merit based increase based on performance between l% and 3%. She continued to state that due to budget restraints there were no merit based increases for 2020 but there was a cost of living increase of 2%. � fM Commissioner Hodges asked if the anniversary date was what determined what year was under review. Ms. Fischer stated to keep track of the hiring date, the anniversary date was " either the 1st or the 16th of the month depending on the date they were hired. Commissioner Hodges provided her reason for pulling the item from the consent agenda. Commissioner Franz stated that since he was not part of the initial discussions, he would abstain from voting on this item. James Bowden, 1111 E. Iron, provided information on the living wage in the community and the typical expenses for a single person. He continued to provide information on the salary of the city manager and the wage of the lowest wage worker. Ms. Fischer stated there was a plan to conduct a salary survey in 2020 but noted that depending on what that survey provided, some but maybe not all of the plan may be able to go into effect. Joan Ratzlaff,Salina,representing the Salina Area Workers Coalition,provided information on the community wages and her thoughts on the pay increase to the highest paid employee. She continued to state that she thought conducting a wage survey was a good idea. 20-0031 Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Resolution No. 20- 7788 concluding the 2019 evaluation of City Manager's performance and periodic review of City Manager's base salary. Aye: (4). Nay: (0). Abstained: (1) Franz. Motion carried. ADMINISTRATION (7.1) Award construction contract for Stone Lake Addition,Phase 2,Project No. 90041. Dan Stack, City Engineer, explained the project, bids received, fiscal impact and action options. Commissioner Davis asked if this was the phase of Stone Lake that required the fire access road. Mr. Stack stated yes and the road was not shown on the map and stated that the road was being built as part of the Stone Lake 3a project. A conversation ensued between the City Commission, Michael Schrage, City Manager, and Mr. Stack regarding the emergency access road. Commissioner Hodges stated that concrete was preferred over asphalt due to the life cycle. Mr.Stack stated yes. Commissioner Hodges asked if T&R Dirt Construction did the pavement patches at Roach. and Crawford. Mr. Stack stated no. 20-0032 Moved by Commissioner Ryan, seconded by Commissioner Davis, to award the contract for Project No. 90041, Stone Lake Addition, Phase 2 to T & R Dirt Construction in the amount of Page 3 $402,442.39 with a 5% construction contingency of $20,300.00 for a total of $425,742.39. Aye: (4). Nay: (1)Hodges. Motion carried. (7.2) Resolution No. 20-7794 authorizing the Mayor to execute an Amended and Restated Improvement District Development Agreement between the City of Salina and Magnolia Hills,Inc.related to the performance bond requirements. Dan Stack, City Engineer, explained the project, agreement modifications,fiscal impact and action options. Michael Schrage, City Manager, stated that the amendment to the agreement included a prohibition on the sale of the lots in the interim until the improvements were installed and accepted by the City. Commissioner Ryan asked if a Certificate of Completion had to be given before the developer could sell any lots. Mr. Schrage stated staff would go through the inspection process where we would sign off, accept the improvements and reimburse the developer for the expense. Mayor Hoppock asked if there would be something made of record for that. Mr. Stack stated yes, the development agreement would be filed with the register of deeds for all of the properties that were in the improvement district. Commissioner Davis asked if there was any other situation in which the City would be unprotected with the lack of the performance bond. Mr. Schrage stated not that staff was aware of. He continued to state that the worst case scenario would be if the development would stop half way through and the improvements were not completed, the developer did not sell the lots and the development stalled out completely but it did not represent an exposure to the City. He further stated the City would have no obligation to reimburse the developer for any of the expenses incurred until the project was completed. Commissioner Davis stated for whatever reason the City would take over the project because it just failed,would we have any recourse to reimbursement. Mr. Schrage stated in that scenario, there would be a separate development agreement to address the specifics of the situation. He continued to state the financial guarantee on the special assessments covered default on special assessments up to the 20% number and until the project was far enough along, the warranty and maintenance bonds would provide protection against failure after the improvements were completed and the City had accepted them. He further stated the statutory payment bond provided protection against the developer or their contractors. Mayor Hoppock noted the items that were removed from the development agreement. 20-0033 Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Resolution No. 20- 7794 authorizing the Mayor to execute an Amended and Restated Improvement District Development Agreement between the City of Salina and Magnolia Hills, Inc. related to the performance bond requirements. Aye: (4). Nay: (1) Hodges. Motion carried. (7.3) Resolution No. 20-7797 accepting the 2018/2019 Salina Land Bank report. Lauren Driscoll, Director of Community & Development Services, explained the Land Bank,the report,fiscal impact and action options. Commissioner Ryan asked staff to remind them what Mr. Herrington's issue was. Ms. Page 4 Driscoll stated that he asked if there was land bank report, was it produced and published. She stated that staff responded at that public meeting that the report was not produced or published due to the land bank not having any inventory to report. She continued to state staff had talked to legal counsel and at the time of Mr. Harrington s question, conversation with the Governing Body, that collectively would like to take the extra step to produce the report for publication even if we did not have any inventory in 2018 or 2019. Commissioner Franz asked what the purpose was for creating the land bank. Ms. Driscoll stated when the opportunity was brought forward in 2017, there were ideas that a land bank could be a good tool to use. She continued to state the next step was to create a policy for applying the land bank. Michael Schrage, City Manager, stated that staff was looking at sheriff sale properties that could be a benefit to rehabilitation. Commissioner Hodges asked if the Community Housing Development Organization (CHDO) was going to have a role in land bank properties. Ms. Driscoll stated that she did not think that the policy should list out the partners directly. 20-0034 Moved by Commissioner Hodges, seconded by Commissioner Franz, to adopt Resolution No. 20- 7797 accepting the 2018/2019 Salina Land Bank report. Aye: (5). Nay: (0). Motion carried. (7.4) Resolution No. 20-7798 authorizing the Mayor to execute a First Amendment to Transferee Agreement with Salina Educational Automotive Museum of America, .Inc. Michael Schrage, City Manager, explained the amendment, the project, fiscal impact and action options. Commissioner Franz stated it took him some time to figure out the flow of the funds and asked what happens to the money in the escrow account if we do not meet the general escrow date. Mr. Schrage stated the item would go back to bond counsel or the funds do not get released. Commissioner Franz asked when the hotel was intended to open. Mr. Schrage stated the intended opening date for the hotel was April 1,2020. Commissioner Hodges asked if the critical path schedule could be attached to the contract. Mr. Schrage stated he had learned a little bit about the drafting of the transferee agreement and administration of the transferee agreement. He continued to state that his response when the question was first asked was that it was an attachment from day one. He further stated that upon further review, it anticipated that there would need to be a guaranteed maximum price contract with a contractor and part of that process would determine the critical path schedule. Commissioner Hodges asked if once the critical path schedule was submitted, a copy be forwarded to her. Mr.Schrage stated yes. Lee Legliter, Hampton & Royce, representing Salina Educational Automotive Museum. of America, Inc. (SEAMOA), provided information on the construction time frame for the project. Mayor Hoppock asked if he read correctly that the project was expanded because of the Kustom Kemps of America (KKOA). Mr. Legliter stated the SEAMOA was able to acquire property to the south of the current property owned. Page 5 20-0035 Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Resolution No. 20- 7798 authorizing the Mayor to execute a First Amendment to Transferee Agreement with Salina Educational Automotive Museum of America,Inc. Aye: (5). Nay: (0). Motion carried. (7.5) Rall-call vote on Second reading of Ordinance No. 20-11023 establishing a moratorium on future building permits in the Grand Prairie Addition in the City of Salina,Kansas. Lauren Driscoll, Director of Community & Development Services, explained the ordinance amendments, requirement for roll-call vote and the action options. Ms. Driscoll asked that the city attorney be given time to provide information on the memo from former fire marshal Roger Williams. Commissioner Davis asked if denial of the ordinance was an option. Michael Schrage, City Manager, stated it was more of an administrative function based on the vote last time. He continued to state that he did not think we had a full representation here and did not know that staff would recommend that you deviate drastically from the decision that was made previously. He further stated that staff was simply trying to get procedurally where the Governing Body left off the last time. Commissioner Davis asked if there were any rules on changing ones vote when the vote had to be retaken in this circumstance. Greg Bengtson, City Attorney, stated the purpose of today's action was certainly to formally record the vote by virtue of the roll call and he knew of no reason one would be limited in whatever vote any commissioner chose to make today. Commissioner Davis asked if this took us back to right before we voted last meeting on a functional basis. Mr. Bengtson stated, it did,certainly a unique circumstance, it was simply a procedural matter that staff felt necessary to readdress as to meeting the requirement of the rule. Mr. Schrage stated staff did not send notice to the neighborhood, there was a struggle with the flow of mail to Wichita and back to Salina so there was a little delay in the public process standpoint not necessary a legal standpoint. He continued to state if there was consideration of reconsidering the outcome, it would be his opinion to make it known and let the public have the opportunity to speak before action was taken, Mr. Bengtson stated if any commissioners were inclined to change their vote, any having voted in the majority, would be in a position to move for reconsideration, at a subsequent meeting. He continued to state the discussion could go forward prior to the roll call vote on the ordinance presented. A conversation ensued between the City Commission, Mr. Bengtson and Mr. Schrage regarding the roll-call vote and reconsideration of the original vote. Commissioner Franz stated that he was in an unusual position, he had not voted on this issue and was curious where that left him. He continued to state that he wanted to vote with his own opinion and asked how that left him with the information that was just explained. Mr. Bengtson stated the primary obligation was for a commissioner to participate in any vote but if there was any basis upon which a commissioner felt like they do not have the information needed to vote on a second reading of this ordinance, the commissioner would have a basis for abstaining if that was their judgement. Commissioner Franz stated if he chose to vote in a manner that was different than Commissioner Hay's vote, would that present any type of a problem. Mr. Bengtson stated Page 6 that he did not think he would be bound to Commissioner Hay's position. Mr. Bengtson provided a memorandum with an explanation to a corrected affidavit of Roger D.Williams and explained the corrections. Commissioner Hodges asked if we have the preliminary plans. Mr. Schrage stated they were typically 2406 in a roll that were distributed to staff and he had not reviewed the full open records request to determine if that was attached. Commissioner Franz stated that if we approve the ordinance setting the moratorium or not approving the moratorium, what the next steps were. Mr, Schrage stated there was a comment made on the vote for the 60 day moratorium for staff to meet with the developer and his attorney to come to a resolution. He continued to state staff had met with the developer and his attorney twice and there were conversations on routing and timing of the emergency access road as well as the timing for taking the preliminary plat to the Planning Commission. He further stated the goal was to bring back the Planning Commission consideration of the replat along with the proposed solution to the entrance road simultaneously within that 60-day window. Commissioner Davis stated the question the commission needed to answer was if we were going to uphold the fire marshal's decision that it would be safe for 51 lots to be built before the emergency fire apparatus access road was built. Mr. Schrage stated that but for the need to ratify the vote, staff as well as the neighborhood owners took away from the vote that the commission was not agreeing with the fire marshal's decision. He continued to provide information on the projected plan and the Planning Commissions action on the item. Commissioner Davis provided his thoughts on the approval of the moratorium with 35 building permits. Mr. Schrage stated we've created the opportunity for a short moratorium that was responsive to the developer's request, created an opportunity to try to revisit the approach and come up with a possible solution that represents a compromise between the original approval, the concerns of the subdivision residents and balancing the developer's interest. A conversation ensued between Commission Davis &Mr. Schrage regarding the number of building permits prior to the moratorium beginning and the fire marshaPs assessment. Mr. Bengtson stated the draft ordinance that imposed the 60 day moratorium would go into effect upon publication and during the 60 days there could be building permits issued up i to 35. He continued to state in 60 days the moratorium would end and there would be no further moratorium or other limitation unless and until the Commission took further action in anticipation of the expiration of the 60-day moratorium. Mr. Schrage stated that staff's and the developer's joint intent was to work through the design, timing and location of the access road as well as the replat question to coxae back to the City Commission prior to the i 60 days and address the Mariposa agreement and the drainage question. Commissioner Davis asked if that was settling the replat question ahead of time. Mr. Schrage stated that staff sat down with the Planning Commission's timeline with the goal of getting it back in advance of the 60 days expiring. Commissioner Hodges asked at what point is the Governing Body informed about active negotiations that are happening on our behalf and at what point does the Governing Body get to take part in the negotiations. Mr. Schrage thought the Governing Body's intent was for staff to negotiate on behalf of the Governing Body and give the Governing Body options Page 7 for consideration. Commissioner Ryan asked if the moratorium vote would fail, the Planning Commission's role of deciding the platting and issue of whether Phase 11 was safe or nor would fall on the City Commission with their vote. Mr. Schrage stated there was motivation and interest by the developer to continue forward with the replat. He continued to state the moratorium placed some urgency on the emergency access road question that may not be there without the moratorium. A conversation ensued between the City Commission, Mr. Bengtson and Mr. Schrage regarding the conversations with the developer and his legal counsel and the ex-parte communication. Commissioner Hodges asked if the replat would be resubmitted prior to the 60 days or was that being postponed. Mr. Schrage stated the application for replatting was received at the outset and staff felt the notice needed to be republished for consideration. Ms. Driscoll stated staff had provided information to the developer that the City Commission had asked and the Planning Commission may ask relating to the replatting of the property. She continued to state that the item notice would need to be republished for a Planning Commission date to consider the replat request. Mayor Hoppock asked if we were going down a road we don't need to go down right now. He continued to provide information on the ordinance. Mr. Schrage provided some clarification on staff's role and what would happen if a solution could not be reached at the end of the 60 days. Commissioner Davis asked for the purpose for the moratorium, what would happen to the secondary road if the developer walked away from Phase III. He continued to ask if it would default to the fire marshal's opinion of 51 or the City would have to build the road. Mr. Schrage stated yes and yes that the development of the secondary road would default to the fire marshal's opinion and the City would have to build the road. Mr. Bengtson stated the application of the exception that we have been proceeding under anticipates the commitment of the access road and the applicant and his legal counsel have acknowledged it would be advisable, regardless of what occurs, to get in place recognition by agreement the specifics of the access road. Commissioner Davis provided his thoughts on the access road timeframe. Commissioner Franz stated the 60 day period was to allow staff to work with the developer to see what kind of solutions may or may not be able to be generated to eliminate the concerns, which would go to the City Commission for consideration. He continued to state there were a whole range of actions that could happen at that point. Mr. Schrage stated the description was completely correct and the 60-day deadline had served as a motivator for staff and the developer. Commissioner Hodges stated she had gone back and watched some of the meeting and wanted to make sure that as we focus on this one specific issue,we don't lose track of some of the global issues that could help us avoid this, perhaps in the future. She continued to state some things that were noted by staff and the Commission were to look at a code revision that included a financial guarantee, an inventory of existing single access neighborhoods and subdivisions with an assessment of the status of the emergency access roads and if there were problems with negotiating for the emergency access road, looking at a requirement of sprinkler systems to be installed in houses over 30. She further stated Page 8 that she would like to see how Manhattan had made that work and consider that as another option and negotiate maintenance of the access road and who's responsible for snow removal. Mr. Schrage stated that staff had begun the inventory of the single access developments and he had asked for some clarification due to some developments predating the fire code requirement. He continued to state that conversation had taken L place on the code amendments and his concerns on the Manhattan approach to residential fire sprinklers and the specific statutory prohibition of the cities authority to require residential fire sprinklers and the need to look at the consistency with the State statute. Mr. Bengtson stated he thought we were in the circumstance where the ex-parte communication was based on the vested property rights. He continued to state there was judicial guidance that it does not preclude members of the Governing Body from communicating with staff but staff shouldn't be a conduit for the intervention of the ex- parte communication. He continued to state that he was appreciative of the fact that he was able to attend the two (2) meetings with the developer and the developers legal counsel spoke on behalf of the developer and the information provided by the developers legal counsel was not known by staff prior to the meeting. �h Justin Hanke, 1322 Bentgrass Drive, provided information on the open records requests and stated that he wanted to clarify his intent on filing a complaint to the Kansas Attorney General's office and mentioned that his legal counsel suggested reporting Greg Bengtson into the Kansas Bar Association for facilitating the affidavit. He continued to provide information on the moratorium, development of the subdivision, willingness for the neighborhood to sit at the table and work with staff, the developer and the Governing Body. 20-0036 1M Moved by Commissioner Davis, seconded by Commissioner Franz, to adopt Ordinance No. 20- 11023 establishing a moratorium on future building permits in the Grand Prairie Addition in the City of Salina, Kansas on second reading to roll call vote. A roll call vote was taken. Aye: (3) Davis,Franz,Hoppock. Nay: (2)Hodges,Ryan. Motion carried. Mr. Bengtson provided clarification on the affidavit from former Fire Marshal Roger Williams on his role and the determinations that he made. Commissioner Hodges asked if excerpts from the preliminary plat of 2008 that was referenced in the affidavit be available for the City Commission and asked if they exist. Mr. Schrage stated that a lot of that was preliminary information and it depended on what was currently in the file but staff could take a look. A conversation ensued between the City Commission and Mr. Schrage regarding the status of the open records request. Dr. Hanke provided information on the documents that were not included in his initial request that he planned to report to the Kansas Attorney General's office and his thoughts on the current open records request. Commissioner Hodges asked what Dr. Hanke could expect on February 7th. Mr. Schrage stated that staff started an inventory of the staff involved, computer technology would need to do a key word search of the staff involved and identify the emails and provide an estimate on the amount of time it had taken at this point and how much time it was going to take and what the cost of the request may look like. (7.6) Mayor Board Appointments Page 9 Mayor Hoppock announced the following appointments: Commissioner Davis: Salina/Saline County Building Authority & Salina Community Economic Development Organization (SCEDO). • Commissioner Franz: Salina Arts & Humanities Commission; Convention & Tourism Committee&North Central Regional Planning Commission (NCRPC). • Commissioner Hodges: Salina Airport Authority & Salina/Saline County Building Authority. • Commissioner Ryan: Parks & Recreation Advisory Board & Salina Housing Authority. • Mayor Hoppock: Chamber of Commerce Board and Library Board. DEVELOPMENT BUSINESS None. OTHER BUSINESS Commissioner Hodges thanked staff for the information on the Crawford & Roach intersection repairs. She continued to ask for information on the designer, engineer and the contractor and the cost to replace the panels or was this covered by a warranty by one of the other parties. Michael Schrage, City Manager, stated there was a meeting of the Salina Public Entities on Wednesday, January 29, 2020 at 1:30 p.m. at Tony's Pizza Events Center. He continued to state the public entities were the four (4) entities that cooperatively pursued remediation of the groundwater contamination of the former Schilling Aix Force Base and it would be a status update for the Governing Bodies about mediation that had been ongoing. Mr. Schrage also stated that a representative of Spectra or Tony's Pizza Events Center sent out an email notice this morning of a press release or a news conference tomorrow (January 28,2020) to have a big reveal on some newsworthy progress at Tony's Pizza Events Center. He continued to state with Mayor Hoppock not being in town,he had reached out to Vice- Mayor Hodges and asked about her availability to represent the City at the event. He further stated that she would be in attendance and that he had a conflict and could not attend but would confirm with the Governing Body what the news conference was about after it occurred. Jim Kowach, Director of Public Works, stated the Governing Body may want to check out on their way home, the recognition of the Kansas City Chiefs making it to the Super Bowl and it being such a long time since they have been there, staff was working over the weekend to develop a red and gold color scheme for the overhead downtown structures. He stated the north structure currently had the red and gold pattern but all overhead structures downtown would be in red and gold tomorrow. ADJOURNMENT 20-0037 Moved by Commissioner Ryan, seconded by Commissioner Davis, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 7.03 p.m. Page 10 [SEAL] Michael L.Hop k,Mayor ATTEST: � Shandi Wicks,CMC,City Clerk i Page 11