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09-14-2020 Minutes CITY OF SALINA,KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS September 14,2020 4:00 p.m. The City Commission convened at 3:00 p.m. for a tour of the Lee Buildings at 254 N. Santa Fe a. Avenue. Mayor Hoppock asked the Clerk for verification that notice had been sent for today's City Commission meeting. The Clerk replied yes. C 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 Michael L. Hoppock (presiding), Commissioners Trent W. Davis,M.D.,Rod Franz. Also present: Michael Schrage, City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. Absent: Commissioner Melissa Rose Hodges and Commissioner Karl Ryan. AWARDS AND PROCLAMATIONS (3.1) The month of September, 2020 as "National Childhood Cancer Awareness Month" in the city of Salina. Bryce Doonan read the proclamation and Heidi Feyerherm- Smith announced associated events. (3.2) The month of September 15th through October 15th, 2020 as "Hispanic Heritage Month" in the city of Salina. Martiza Rodriquez shared her personal story and read the proclamation. CITIZENS FORUM Martha Oakes, 2706 Deborah Drive, thanked Deputy City Manager (Jacob Wood) for his military service to our country and as a quilter, she chose to honor him by making a quilt that was registered through an organization called the Quilts of Valor. She continued to provide information on the organization, Mr. Wood's years of service and what the quilt represented. She lastly presented Mr. Wood with a Quilt of Valor. Mayor Hoppock also recognized the family for their sacrifice during Mr. Wood's deployments. Deborah Corrales, provided a handout of information regarding pit bulls to the City Commission and provided her thoughts on the genetics of dogs and the need for DNA to be conducted on all dogs to determine the breed of the dog. Dalton McDowell, 514 S. Ninth Street, asked if the City Commission could set a meeting date to end the mask mandate prior to the end of the year. Ken Reitz, 1314 Parkwood,provided his thoughts on sports and a suggestion for signs to be made for the teams to cheer loud and cheer proud. A resident of Salina provided his thoughts on the Law Enforcement Advisory Board and the 1033 Program that will be discussed at the September 21,2020. Max Wellbrock-Talley, 514 S. Ninth Street, provided his thoughts on the Sunflower Page 1 Coalition proposal. He continued to provide his thoughts on service of police officers and the Police Excellence Fund and the 1033 Program. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on naming municipal facility. (5.1a) Resolution No. 20-7871 re-naming the East Crawford Recreation Area the "Berkley Family Recreational Area". Chris Cotten, Director of Parks & Recreation, explained the guidelines for naming a municipal facility, the application submitted, Parks & Recreation Advisory Board action, fiscal impact and action options. Byron Tomlins, Salina Baseball Enterprises, Board Member, provided information on the baseball complex project, the additional softball complex project in conjunction with USD No. 305 and announced nominated the Berkley family to rename the East Crawford Recreation Area as the Berkley Family Recreational Area. He continued to provide additional information on the history of the community involvement of the Berkley Family and their donations to the baseball complex project along with an added donation to the softball complex project. He stated the Salina Baseball Enterprises board would be honored to make the request on behalf of the Berkley Family. Mayor Hoppock stated he noticed the staff report talked about signage but did not notice the sign request as part of the resolution and asked if that was something that needed to be approved. Mr. Cotten stated it was part of Naming Step #5. Michael Schrage, City Manager, stated staff had combined Step #4 and #5 together and if the City Commission was comfortable with the signage and the naming. He continued to state the signage was consistent with the wayfinding signage. Commissioner Franz asked if the signs would be the same size although the signs were a smaller scale. Mr. Schrage stated the size of the signs would be of the same size. Mr. Cotten stated the family would like to add monument signs similar to what was in Jerry Ivey Park. He continued to state that staff was investigating the cost of those signs but had investigated the cost to re-skin the existing signs. Mayor Hoppock provided his thoughts on the Berkley Family and thanked the family for their continued support in the community. Mayor Hoppock opened the public hearing. There being no further comments the public hearing was closed. 20-0301 Moved by Commissioner Davis, seconded by Commissioner Franz, to adopt Resolution No. 20- 7871 re-naming the East Crawford Recreation Area the "Berkley Family Recreational Area". Aye: (3). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the regular meeting minutes of August 24, 2020. (6.2) Approve the joint meeting minutes of September,8,2020. (6.3) Approve Resolution No. 20-7861 to setting October 19, 2020 as the public hearing date for the dangerous structure located at 120 S. Penn Avenue. Page 2 20-0302 Moved by Commissioner Franz, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (3). Nay: (0). Motion carried. ADMINISTRATION (7.1) Approval for replacement of one Police and one Fire Vehicle. Kevin Rose, Fire Chief, explained the request and fiscal impact. Mayor Hoppock asked if it was necessary for the purchase of a suburban or if another type of vehicle would work. Chief Royse stated with the amount of equipment carried by the vehicle and the potential to pull a trailer, a vehicle of that size was necessary. Chief Royse explained the action options. Commissioner Franz asked if the ancillary equipment was being reused. Chief Royse stated the equipment for the Fire Department vehicle was damaged significantly and staff was working to try to salvage and use what equipment they could. 20-0303 Moved by Commissioner Davis, seconded by Commissioner Franz, to approve the purchase of one Ford Explorer from Long McArthur Ford in the amount of $34,401.14 and approve $9,845.48 for Ka-Comm to outfit the vehicle with the necessary add-on equipment and approve the purchase of one pre-owned Chevrolet Suburban LT 1500 in the amount not to exceed $45,000.00 and approve $10,717.76 for Superior Emergency Response Vehicles for the installation of required ancillary equipment. Aye: (3). Nay: (0). Motion carried. (7.2) Resolution No. 20-7874 authorizing the Mayor to execute an Amended and Restated Loan Agreement with Community Housing Development Corporation of Central Kansas relating to a Loan Agreement entered in to with Lee Lofts Partners, LLC. Michael Schrage, City Manager, explained the project, amended and restated agreement, fiscal impact and action options. He continued to explain the need to amend the exhibit in the agreement to remove the requirement for washer/dryer connection in 1 bedroom units. Matt Gillam, Lee Lofts Partners, LLC, provided information on the project, explained the request to remove the requirement for washer/dryer connection in 1 bedroom units. Gary Hobbie, Director of Community Housing Development Corporation (CHDO), explained the CHDO's role, introduced members of the CHDO board and announced potential upcoming projects in the community. Lance Cochran, Community Housing Development Corporation (CHDO) Board Member, provided his thoughts on the establishment of the CHDO and the partnership with the Lee Loft Partners. Commissioner Franz asked how many units would be market rate. Mr. Schrage stated the agreement mentioned 33% was market rate. Mr. Gillam stated there were 20 units of market rate apartments. Mr. Schrage stated 17.99 would be 33%. Commissioner Franz asked if the property taxes were still being paid by old owner. Mr. Gillam stated the property was purchased in 2019 and a portion of the property was under a holding company until it was developed. Commissioner Franz asked how the loan was structured. Mr. Schrage stated the loan was between the City of Salina and the CHDO and if there was a default, the money would be due to the City of Salina by the CHDO. Page 3 Commissioner Franz asked how the default on the loan would work. Mr. Gillam stated the reason for the CHDO to be involved was it would be a taxable event without their involvement and with the money going to the CHDO the money would be a donation. How can the Lee Loft Partners be held accountable to stand behind it. Pat Beatty, Lee Loft Partners, LLC, stated the CHDO would be a member of the Lee Loft Partners, LLC and in W the event of a default, the IRS rules would be in place and there would be additional problems at that point. Mayor Hoppock asked if the market rate apartment requirement was listed under the Kansas Housing Resource Corporation. Mr. Gillam stated there was a land use agreement filed on the property. A conversation ensued between the City Commission, Mr. Beatty and Mr. Gillam regarding the market rate apartments, the loan and how a default would be handled. Greg Bengtson, City Attorney, stated there would be the execution and recording of a mortgage on the property. Mr. Beatty stated the land use restriction, the mortgage with Bennington State Bank and this mortgage. Mr. Schrage explained the commitment of the development. Mr. Beatty explained the complexity of the funding for the project. Mr. Schrage explained the lack of market rate apartments and the lack of comparisons. Commissioner Franz provided his thoughts on the market rate apartments and the loan. Ken Reitz, Salina, asked how parking would be handled. Mr. Gillam stated there was a brand new parking lot behind the buildings that had been constructed for the residents along with on-street parking to the north of the building. He continued to state the rent ranged from$450 a month to $1300 a month. Mayor Hoppock asked how many parking spaces there were. Mr. Gillam asked 53 in the new parking lot. Reverend Dee Williamston, 635 Georgetown Court, Salina, asked if the building had safe rooms or a basement and the costs for rent. Mr. Gillam stated the walls on the outside of the building were a foot to a foot and a half deep and interior hallways do not have windows which would be a safe place. He continued to mention there was a basement in the building that was not open to the public via an elevator. 20-0304 Moved by Commissioner Davis, seconded by Commissioner Franz, to adopt Resolution No. 20- 7874 authorizing the Mayor to execute an Amended and Restated Loan Agreement with Community Housing Development Corporation of Central Kansas relating to a Loan Agreement entered in to with Lee Lofts Partners, LLC, in the principal amount of $500,000, with Exhibit C amended to remove the requirement of the washer/dryer connection in 1 bedroom units. Aye: (3). Nay: (0). Motion carried. (7.3) Authorize the City manager to authorize the Stinson law firm as environmental legal counsel to the Salina Public Entities in relation to the Former Schilling Air Force Base Site environmental matter. Martha Tasker, Director of Utilities, explained the project, the request, fiscal impact and action options. Commissioner Davis asked where the money came from and the money would be reimbursed at the end of the matter. Ms. Tasker stated there was an account that staff took Page 4 the money from and the reimbursement would probably be at the end of the year. Commissioner Franz restated the request. A conversation ensued between the City Commission and Ms. Tasker regarding the request and the City Manager's spending authority. Michael Schrage, City Manager, stated staff was hoping to have the consent decree and the extension at the same time but that did not occur. Mayor Hoppock asked if the other three (3) boards had reviewed and approved this. Mr. Schrage stated they had reviewed it, he was not sure if they approved it. He continued to state the City of Salina was the last board to act on the item. 20-0305 Moved by Commissioner Franz, seconded by Commissioner Davis, to authorize the City Manager to authorize Stinson law firm to approve the estimated budget amount of $38,000 and the City's resulting one-fourth share of $9,500 for Draguri s work through November 2020. Aye: (3). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS (9.1) Request for executive session (Attorney/Client Privilege). I move the City Commission recess into executive session for_minutes to discuss with legal counsel the subject of legal considerations relating to the potential engagement by the law firm of Clark, Mize & Linville, as the City's legal counsel, of a confidential, privileged expert in the course of providing legal advice to the City regarding a personnel matter under the City Manager's purview. While relating to a personnel matter, the justification for the executive session is based upon legal considerations preliminary to future discussion of the personnel matter as it is ultimately defined, prompting the need for consultation with legal counsel which would be deemed privileged in the attorney-client relationship pursuant to K.S.A. 75-4319(b)(2). The open meeting will resume in this room at p.m. 20-0306 Moved by Commissioner Davis, seconded by Mayor Hoppock, to recess into executive session for 25 minutes to discuss with legal counsel the subject of legal considerations relating to the potential engagement by the law firm of Clark, Mize & Linville, as the City's legal counsel, of a confidential, privileged expert in the course of providing legal advice to the City regarding a personnel matter under the City Manager's purview. While relating to a personnel matter, the justification for the executive session is based upon legal considerations preliminary to future discussion of the personnel matter as it is ultimately defined, prompting the need for consultation with legal counsel which would be deemed privileged in the attorney-client relationship pursuant to K.S.A. 75- 4319(b)(2). The open meeting will resume in this room at 5:56 p.m. Aye: (3). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:32 p.m. and reconvened at 5:56 p.m. Page 5 Also present in executive session: Mike Schrage, City Manager; and Jacob Wood, Deputy City Manager,Natalie Fischer,Director of Human Resources,Greg Bengtson,City Attorney and Jake Peterson,Clark,Mize &Linville. (9.1a) Possible action to follow. 20-0107 Moved by Commissioner Franz, seconded by Commissioner Davis, the law firm of Clark, Mize & Linville, as the City's legal counsel,be authorized to engage an expert on a confidential, privileged basis, and that the City Manager be authorized to reimburse the law firm of Clark, Mize & Linville, as the City's legal counsel, for the actual cost of engaging an expert, all in the course of providing legal advised to the City regarding a personnel matter under the City Manager's purview. Aye: (3). Nay: (0). Motion carried. Commissioner Davis asked about the ongoing construction on Santa Fe, the center lane that was set up for deliveries, asked how much of that could be moved to the back of the building. Michael Schrage, City Manager, stated he could revisit the matter and re- distribute the communication back out to the downtown merchants with the help of Salina Downtown, Inc. Commissioner Franz asked why the newly constructed lanes on Santa Fe from Prescott to Mulberry were striped differently than the rest of Santa Fe. Michael Schrage, City Manager, stated staff had consulted the City Commission on the layout and design of the street but he would look into that again. ADJOURNMENT L 20-0308 Moved by Commissioner Davis, seconded by Commissioner Franz, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (3). Nay: (0). Motion carried. The meeting adjourned at 6:01p.m. 17Z/, [SEAL] Michael L. Ho. .',ck,Mayor ATTEST: • Shandi Wicks, CMC, City Clerk Page 6