03-22-2021 Minutes CITY OF SALINA,KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
March 22,2021
4:00 p.m.
The City Commission convened at 3:00 p.m. for a discussion on the Salina Drive Thru Recycling
Center Lease Renewal at City-County Building,Room 107.
To
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Mayor Hodges asked the Clerk for verification that notice had been sent for today's City
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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 Melissa Rose Hodges (presiding),Commissioners
Trent W. Davis,M.D.,Rod Franz,Michael L. Hoppock,and Karl Ryan.
Also present: Michael Schrage,City Manager;Jacob Wood, Deputy City Manager; Greg Bengtson,
City Attorney;and Cheryl Mermis,Deputy City Clerk
AWARDS AND PROCLAMATIONS
None.
Michael Schrage,City Manager provided the weekly COVID-19 update for Salina/Saline County.
Mayor Hodges reminded citizens that the mass gathering order has expired.
CITIZENS FORUM
Phil Black, Salina, introduced himself as member of the Solid Waste Management
Committee [SWMC], stated his support for the Drive Thru Recycling Center, an important
endeavor but not enough, in his opinion. Mr. Black further stated that the SWMC's focus
was on the long-term, evaluating consumer consumption practices, repurposing, and
compositing - an aim for zero-waste by 2050. Mr. Black thanked the Commission for his
appointment to SWMC.
Dave Divelbiss and Jon Blanchard made a joint statement describing the formation of a
group of individuals interested in the establishment of a public/private partnership for
Friends of Centennial Park; an effort to help fulfill the Parks & Recreation master plan for
more walking trails, skate park improvements, and picnic shelters for people in vulnerable
neighborhoods. Mr. Blanchard asked the City Commission for their support in facilitating
the discussion with City staff.
Mayor Hodges asked if Centennial Park was designated parkland. Michael Schrage, City
Manager stated yes.
Mayor Hodges asked Mr. Schrage if he would require any direction from the Commission
to conduct meetings with the neighborhood association of Centennial Park. Mr. Schrage
replied that he was prepared to move forward with those discussions.
Larry Britegam, Salina, representative of Salina 2020 stated his appreciation of the
Commission's willingness to resume discussion on the projects of Salina Baseball
Enterprises [SBE] and it was his hope that the Commission would revisit the original
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$4 million request, by SBE. Mr. Britegam further stated he was impressed with the
progress on the softball diamonds at South High and the renovations at Dean Evans
Stadium that have occurred with private donations. Mr. Britegam stated his continued
belief that baseball tournaments scheduled for current facilities and the proposed ballfields
would be an economic boost to the community.
. Mayor Hodges asked Mr. Britegam when the dedication ceremony for Dean Evans Stadium
at the Berkley Family Recreation Area would occur. Mr. Britegam stted he would report
back to the Commission on the exact date.
Commissioner Franz made a request for staff to schedule a discussion on the agenda
planner,to begin a conversation on the SBE projects.
Tom Pestinger,Salina, stated his support for adding the premier diamonds that SBE would
like developed and encouraged the Commission to continue the momentum.
Mayor Hodges asked Mr. Pestinger for an update on the Smoky Hill Car Museum. Tom
Pestinger provided an overview of tasks finished or in various stages of completion and
further stated his hope was to be open by the end July 2021.
Trace Walker, representing Salina 2020, appeared before the Commission to report that he
was observing positive trends in the community;with [downtown] Starbucks weekly sales
up 48% and hotel occupancy at Homewood Suites up over 65%, sin0 December 2020. Mr.
Walker further stated that his group spent approximately $1 millin dollars improving
three buildings north of the Stiefel Theater and he was encouraged about public interest to
rent the useable spaces. Mr. Walker stated he thought that the upward trends would
support additional investments that Commissioners may be considering. Mayor Hodges
thanked Mr. Walker for the encouraging news.
Chad Farmer, Salina, stated his strong opposition to the City Commissions' mask mandate
and provided some comparisons from masked communities to unmasked communities,
both seeing the same numbers of COVID-19 cases. Mr. Farmer further stated he took
exception at some comments made by Commissioner Davis during the previous
commission meeting, related to allowing the mass gathering order tc! expire on March 21,
2021. 1
Dalton McDowell, Salina, made a request for medical experts from Salina Regional
Hospital, treating COVID-19 patients, to speak to COVID-19 related data and
recommendations,at commission meetings.
Mayor Hodges responded to Mr. McDowell and stated that there was a collective group of
people that gather every week; members comprised of City and County staff, professional
personnel from Salina Regional Health Center, Salina Family Health Center, and USD 305.
Mayor Hodges further stated it was that group of professionals that collectively evaluates
the data and trends in the community and jointly expresses the recommendations for
actions,communicated by Jason Tiller,Saline County Health Director.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of March 15,2021.
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(6.2) Acceptance of KDHE Amended Consent Agreement and Final Order for the Former
Schilling Airforce Site.
(6.3) Award Contract for 2021 Ultrathin Bonded Asphalt Surface (UBAS).
(6.4) Award Contract for 2021 Mill and Inlay.
Mayor Hodges made a correction to the meeting minutes from March 15, 2021;
referencing a comment addressed to Ms. Corrales and Mr. Sartain regarding breed
specific legislation. Mayor Hodges had stated that the Governing Body had addressed the
[BLS] issue in the fall of 2019, and collectively made the decision not to repeal the
regulation and further stated, 'there would need to be a consensus of the Governing Body to
revisit the decision.'
21-0066 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to approve the consent
agenda as presented. A roll call vote was taken. Aye: (5) Davis, Franz, Hoppock, Ryan, Hodges.
Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Consider Section 888 Special Alcohol Allocations for 2021-2022.
Debbie Pack, Director of Finance and Administration, provided an overview of a Kansas
statute that allows for a redistribution of a portion of the State's alcoholic liquor taxes, to
cities and counties with a population of 6,000 or more that would receive 70% of the tax
applied to special alcohol sales, for three permitted uses. Ms. Pack further stated that the
money deposited in the special alcohol fund are under the direct control of the Governing
•••• Body and provided a summary of parameters. Ms. Pack stated city staff issues biennial
Request For Proposals [RFP] from alcohol and drug abuse program providers, that wish to
submit a grant request. Ms. Pack stated there was no fiscal impact; all monies were pass-
through funding, allocated to agencies as directed by the Governing Body. Ms. Pack also
provided action options.
Commissioner Hoppock directed his first question to city staff and asked if it was standard
or appropriate to utilize funds for building renovations.
Michael Schrage, City Manager stated that staff had researched the appropriateness of
funding in terms of programs and there were no concerns for any of the applications being
completely non-compliant. Mr. Schrage further stated that the Governing Body has
discretion in terms of the most effective use of the allocations.
Mr. Bengtson stated he looked at the programs as being in support of the principal
purposes outlined in the statute and further stated he did not see anything among the
proposals,as a matter of law,which would be precluded from funding.
Representatives from each of the four organizations that submitted applications were
present or participated via Zoom and responded to specific questions by the City
Commission.
Andy Holberg, Executive Director of Ashby House stated his particular program has
formed a partnership with Central Kansas Foundation, that the building they were working
on was specific to providing childcare to women clients. Mr. Holberg further stated he felt
the addition and renovation of a space where children were monitored was direct service
for providing programming for the children, of the women, in treatment for alcoholism
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and/or drug abuse.
Commissioner Franz wanted confirmation that the childcare was provided only while the
clients were in counseling. Mr. Holberg stated yes.
Commissioner Franz stated there wasn't enough money to go around and asked Mr.
Holberg what his choice would be between funding for childcare or renovation. Mr.
Holberg stated childcare.
Commissioner Davis noted that the proposal specified more staff was needed and asked
Mr. Holberg if that was intended to be a permanent increase in staff. Andy Holberg stated
he saw no signs of slowing down and indicated that the program would likely expand as
there was a waiting list of people wanting to get in to the program.
Commissioner Davis noted the application stated more hours of daycare were needed due
to smaller classes that were spread out throughout the day [due to COVID-19] and
questioned if the increased demand from new clients would necessitate retaining the
employees when classes resume to normal schedules. Mr. Holberg stated yes.
Shane Hudson, President and CEO of Central Kansas Foundation [CKF] responded to an
inquiry from Commissioner Davis regarding an $80,000.00 line item specific to substance
abuse services and whether that amount correlated to the partnership with Ashby House or
if that amount reflected total number of clients for CKF. Mr. Hudson stated that the
partnership with Ashby House began in February 2020 and that he was working closely
with Andy Holberg on assessment, continuation and growth on the partnership, not to
limit the ability of people to get in to the program based on whether they have insurance or
if they receive state funding. Mr. Hudson further explained state funding has a limited
amount of dollars and it was a constant challenge to make those state funds last. Mr.
Hudson stated that he and Mr. Holberg may need to revisit the agreement, to make sure
that Ashby House and CKF are getting what each other needs but that the joint focus was
to expand and not to limit state-funded women from receiving services.
Commissioner Davis asked Mr. Hudson about the child therapy sessions and if those
services took place at Ashby House. Mr. Hudson stated that Ashby House owns Bridge
House; women clients and their children stay in Bridge House rent free, CKF reimburses
Ashby House for housing and childcare case management. The women attend counseling
services in a nearby building while the children receive childcare at Bridge House.
Commissioner Davis inquired about the separation of the $135,000.00 fee for services and
the funds that are expended in the medication assisted treatment component. Mr. Hudson
stated that some funding was available through the state opioid response grant at the
federal level, some individuals qualify for funding and others do not. Mr. Hudson further
explained there was caseload limitations for patients on medication assisted treatment and
various protocols, depending on a clients' specific treatment plan, which makes it difficult
to receive the proper reimbursement or afford the necessary staff to meet the needs of all
patients.
Anne Grevas, Director of Community Corrections explained that the organization has been
a statewide legislated program since 1986 and its purpose was to reduce prison
populations, funded with grants or funding requests. Ms. Grevas further stated their
clientele were local youth and adult offenders; Community Corrections works frequently
with Ashby House,CKF,and St. Francis.
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Commissioner Davis asked about the cognitive behavior based programing practices and
whether those services were provided directly by the agency. Ms. Grevas stated yes, the in-
house facilitator was certified to teach the cognitive behavior classes on a regular weekly
basis,at no cost to the clients.
Commissioner Davis asked if detox was completed through CKF. Ms. Grevas stated that
the majority of clients would process through CKF.
Commissioner Davis inquired if the clients served through Community Corrections would
have a connection with the Department of Corrections. Ms. Grevas stated yes, to some
degree; individuals are sentenced in district court,for those individuals not successful with
Community Corrections,that majority would most likely carry a prison term.
Commissioner Franz asked if the funds applied for would be pass-through, to other
agencies, for services to Community Corrections clients. Ms. Grevas stated yes, mostly
utilizing Ashby House and CKF.
Darren Sewell, Executive Director of Outpatient Behavioral Health and Susan Montague,
both with St. Francis Community Services responded to an inquiry from Commissioner
Davis regarding the breakdown of expenses and where funding would be applied.
Mr. Sewell stated the primary reason for submitting an application was to help support the
clients in the community that are either underinsured or not insured. Mr. Sewell further
stated a large portion of the money would support services currently being provided by
hiring a counselor for additional peer support services. Mr. Sewell stated a small portion
would be allocated to staff training and updating educational material.
Ms. Montague stated that agency staff was working with local junior and high school aged
children engaged in truancy court and the special alcohol allocations would help fund staff
involved in those settings.
Mayor Hodges, Commissioners Franz and Hoppock shared their concerns about funding
facility modifications as a program. A question was directed to Mr. Holberg/Ashby House
as to whether he would utilize resources for childcare, if the facility element was not
addressed. Mr. Holberg stated it would be problematic given they need more space
because of demand.
Mr. Hudson/CKF stated that he and Mr. Holberg have worked on sharing costs since
implementation of the partnership, that they were both committed to providing the
children they serve; with the space they need and would find a solution, to continue the
childcare component.
A discussion ensued between the Governing Body, all acknowledged the merits of the
applicants' proposals; all agreed they wanted to make the best decision for the community.
Ms. Pack provided clarification to the each of the five options for the Commissions'
consideration.
No other public comments.
21-0067 Moved by Commissioner Hoppock seconded by Commissioner Franz, to approve Biennial Special
Alcohol funding requests for the 2021-2022 funding period for Ashby House, Central Kansas
Foundation Community Corrections and/or St. Francis Community Services, as defined in option
two and authorize the City Manager to execute funding agreements with selected vendors. A roll
call vote was taken. Aye: (4) Franz,Hoppock,Ryan,Hodges. Nay: (1) Davis. Motion passes 4 to 1.
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Mayor Hodges thanked all applicants for their presentations and the important work that
they do for the community.
The Commission recessed for a short break at 5:25pm.
The meeting resumed at 5:32pm.
Ta (7.2) Campbell Plaza Redevelopment/Acquisition Request Discussion.
Commissioner Hoppock and Commissioner Ryan recused themselves from the discussion.
Commissioner Davis made an opening statement, explaining that he originally intended to
recues himself from the discussion because he previously contracted with Restore
Properties, to build an addition to his residence and believed that constituted a conflict of
interest. Commissioner Davis further stated that following a review of the City's ethics
policy and consultation with the City Attorney, he stated he did not meet the defining
standards of substantial interest or common law conflicts of interest with Restore Properties
and chose to rejoin the discussion and deliberation.
Michael Schrage, City Manager,explained the proposal, stated there was no direct financial
cost to the City nor any direct financial compensation and provided action options.
Commissioner Davis asked if there was a typical length to a license agreement. Mr.
Schrage stated a license agreement was usually open-ended and would include a provision
that it can be rescinded,at the City's discretion,if deemed no longer in the public's interest.
Mayor Hodges, Commissioners Davis and Franz all openly questioned whether Campbell
Plaza should be decommissioned as a park or plaza for any reason and what purpose was
served by treating the location different than any other location with license agreements for
outdoor dining.
Bob Moeller, Salina resident with Restore Properties thanked the Commission for
consideration of the proposal and provided an overview of the vision for Campbell Plaza
and their hope to continue their private investment towards downtown revitalization.
Commissioner Franz noted the proposal had a stated purpose for an outdoor dining area;
he asked about the configuration and number of tables and chairs that were proposed for
the area. Commissioner Franz inquired if outdoor food preparation would occur in the area
and asked if there were any concept drawings available.
Tim Blake, Salina resident with Wheat State Hospitality, stated food preparation would
occur inside the restaurant at 123 S. Santa Fe and further explained that the outside space
was intended to be a shared outdoor dining/seating area, tables and seating configuration
may change dependent on the type of event that may be scheduled.
Mr. Moeller explained the proposed fenced area with a double gate,intended to be a public
pass-through and open to the public during business hours.
A lengthy discussion ensued between the Governing Body, Mr. Schrage, Mr. Moeller, and
Mr. Blake while viewing a large projected image of the aerial concept for the proposed area.
Commissioner Franz asked about the removal of the stage structure and rebuilding it to a
location of the City's choice. Mr. Moeller stated that Restore Properties would reinstall the
stage to a site of the City's preference.
Commissioner Franz inquired to the kind of improvements intended for the plaza. Mr.
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Moeller stated replacement of the entire concrete area.
Commissioners Davis and Franz shared concerns that a gate may discourage people and
limit access to parking on Fifth Street and asked how the public pass-through would be
managed during business hours. Mr. Moeller stated the fence would be open and people
would have use of and could move freely through the area from approximately 8 am until
late night,the gates would restrict activity during overnight hours.
Commissioner Davis noted a statement, in the staff report, of willingness to accommodate
Salina Downtown Inc. programming in the plaza and asked for clarification. Mr. Moeller
stated that there would be no discouragement to Friday night music events or art booths
that have previously occurred in the area during summer and nice weather months; the
south half of the plaza would be kept open and free of any permanent furniture. Mr.
Moeller further stated that a large event scheduled for the area could encompass the north
section which would allow for alcohol consumption.
Penny Betties, Executive Director of Salina Downtown Inc. [SDI] explained that any of the
plazas downtown can be reserved through SDI. The fenced area, proposed by Restore
Properties would allow for the restaurant to serve alcohol in the permanent seating area,
within the required barrier, per Kansas Department of Revenue/Alcoholic Beverage
Control [ABC] guidelines. Ms. Betties further declared that Restore Properties was
agreeable to allow the use of that cordoned area, for large events that exceed the open area
and could facilitate the space for alcohol consumption.
Commissioner Davis questioned the proposal to remove the stage, the correlation to the
water damage to the building at 129 South Santa Fe and whether there were other water
problems to other downtown properties adjacent to plazas.
Mr. Moeller explained one of the two downspouts on the stage was capped; water from the
building next to the stage has a guttering system that deposits into the stage guttering
system,water runs behind the stage and puddles.
Chris Cotten, Director of Parks & Recreation, stated he observed some of the issues
presented and confirmed that one downspout on the stage gutter [west] was removed and
capped; the east downspout was working. Mr. Cotton also confirmed that the stage
guttering system receives water deposits from the adjacent building.
Jacob Wilson, Restore Properties confirmed that the downspout on the west end of the
stage was removed and capped at the start of the streetscape project and further stated he
has observed water runoff constantly running off the downspout and drains back towards
Laura Quinn's property. Mr. Wilson stated during a large rain event, water was seen
entering Ms. Quinn's building through internal and exposed masonry walls. Mr. Wilson
stated he believes there was significant structural damage at 129 S Santa Fe and he shared
his recommendation to remove the brick structure behind the stage, to allow access to
internal bricks behind the plaster coating.
Mayor Hodges asked if there were any site plans for Campbell Plaza and whether there
was a proposal presented for moving the stage to the north parking lot of Ad Astra. Mr.
Wilson stated the site plan for Campbell Plaza, the projected aerial concept, shown and
discussed earlier [during this meeting], was the final. Mr. Wilson stated only preliminary
plans have addressed the stage relocation.
Mayor Hodges asked about programming priority for Campbell Plaza. Mr. Wilson stated
his belief that SDI would know the regular programs schedules well in advance and could
reserve the dates for those events with no objections.
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Mayor Hodges inquired to the completion timeline, if the stage remains in-place or
relocated. Mr. Wilson stated that everything was in place now and had been targeted for
March 2021. Mr. Wilson stated there was a really two separate and different timelines
because of the restaurant proposal.
A discussion ensued between the Commission and Mr. Schrage about the investment
w expended on Campbell Plaza and the remaining funds.
Commissioner Franz stated his understanding that Restore Properties was unwilling to
proceed with anything other than ownership of the space. Mr. Wilson stated that was
correct considering the sizable investment the restaurant was proposing; a license
agreement would give the City the opportunity to revoke usage.
Commissioner Davis stated the rules of engagement, use and control of the property was
vague,in the proposal presented.
A discussion ensued between Commissioner Davis, Mr. Schrage, and Mr. Wilson
concerning the logistics of relocating the stage.
A discussion ensued between Commissioner Franz and Ms. Betties related to license
agreements in downtown and the length of time to complete the process.
A discussion ensued between Commissioner Franz and Mr. Schrage on the concern of
setting a precedent for future requests and whether the City would consider alternate plans
for the plaza, to accommodate an outdoor dining area in Campbell Plaza, adjacent to the
restaurant. Mr. Schrage stated that preliminary conversations about the proposal centered
on the size and configuration of the stage that dominates the plaza. Commissioner Franz
stated he felt that the stage should be considered and dealt with separately, as well as the
water damage to the adjacent building. Mr. Schrage explained that staff spent time on
discussing on how co-use of the space might work; consideration and practicality to the
placement of tables and chairs on a regular basis,for programmed events.
A discussion ensued between Commissioner Franz, Mr. Schrage, and Mr. Bengtson with
respect to a license agreement that could be rescinded for a higher public interest verses a
reversionary interest that would specify the intended use. Additional discussion followed
pertaining to revoked licenses; traditionally 180-day notice time frame and six months
transition period,a license agreement does not have to be renewed every year.
A discussion ensued between Mayor Hodges, Commissioner Davis, and Ms. Betties that
pertained to a communication sent to SDI members and downtown residents; a
communication that asked for their opinions about the Restore Properties proposal. It was
noted that the SDI Board wrote a letter of support [dated February 1st] for the project which
was contrary to most of the feedback received from people opposed to the proposal and
against the redevelopment of Campbell Plaza. Ms. Betties acknowledged that the SDI
Board was approached and supported the project before the merchants and residents were
made aware of the proposal.
Commissioner Davis noted from the discussion, the major reason for the fencing was the
homeless that congregate downtown and questioned Ms. Betties, if SDI was working with
other community agencies, to address the issues. Ms. Betties stated there was a homeless
taskforce and SDI was working with area organizations on helping to better the community
as a whole and in downtown.
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Mr. Purney, Salina, stated he was a big supporter of downtown redevelopment and
appreciated the improvements that have been completed. Mr. Purney provided an
historical overview of the downtown area as a long-time Salina resident and former
owner/resident of 129 S. Santa Fe. Mr. Purney stated it was his opinion that the drainage
problem, brought up in the discussion was a new problem related to the 2020
W reconstruction. Mr. Purney offered his recommendations on the proposal before the
Commission.
Brad Anderson, Director of Arts and Humanities, stated that there was a potential for
additional programming space, to allowing for larger crowds, if the stage was successfully
moved to a new location. Mr. Anderson further stated the current location of the stage in
Campbell Plaza was not conducive to crowds larger than 300 people.
Cassie Streit, Salina business owner and member of the SDI Board stated that the Board
would not have considered the proposal if they had felt that it wasn't equitable to
downtown. Ms. Streit further stated that privatizing the space would bring more tax dollars
for downtown and alleviate some responsibilities for SDI and the City of Salina.
Jon Blanchard, Salina, offered the history of the dining ordinance as the idea of Randall
Hardy. Mr. Blanchard stated that the outdoor dining program has evolved nicely, in his
opinion and further stated he would like to see Restore Properties take over ownership of
the property.
Mayor Hodges stated she was made aware of a previous design plan for Campbell Plaza,
the proposed layout had the stage positioned on the east end of the plaza, oriented at a
ninety degree angle. Mayor Hodges further stated the alternate design might create the
room to accommodate what the restaurant would like and still manage to keep public
access.
Mr. Moeller stated his group was willing to work with the City and SDI to schedule events
for Campbell Plaza and further stated that if they did not secure private ownership of the
space, that they would not invest the money to moving the stage or renovation of the plaza.
Mr. Moeller stated that they would be open to discuss license agreement options.
Commissioner Davis asked Mr. Moeller if his group would be agreeable to joint planning,
with City staff, to create a relaxing art space on the north half of the property that could
meet mutual goals. Mr. Moeller stated that a liquor license requires fencing.
A discussion ensued between Commissioner Davis, Mr. Schrage, and Mr. Moeller
regarding ABC's parameters for fence height as it pertained liquor license requirements.
Mr. Schrage asked Mr. Moeller his standing on a reversionary interest agreement. Mr.
Moeller stated he did not feel a reversionary agreement would be applicable for the amount
of investment his group was proposing.
A discussion ensued between Mayor Hodges and Mr. Moeller about structuring a specific
agreement that would be mutually acceptable. Mr. Moeller stated that he would be open to
meeting with City staff and review options.
Guy Walker, with Salina 2020 stated he wanted to see the vibrancy in downtown continue
and encouraged the Commission to work with the applicant and find a solution that works
for the City and Restore Properties.
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Commissioner Davis asked City staff if an agreement could be structured in a way that if
there was harm to the City because of a license agreement, the person receiving the license
agreement would pay a certain fee. Mr. Bengtson stated there was no prohibition that a
license agreement or no requirement that a license agreement be without consideration.
A discussion ensued between Mayor Hodges, Commissioners Davis and Franz centered on
the City retaining public ownership of Campbell Plaza and negotiate the license agreement.
No were no other public comments.
21-48 Moved by Commissioner Franz, seconded by Commissioner Davis, to instruct staff to pursue a
license agreement format and include conditions to be negotiated. A roll call vote was taken. Aye:
(3) Davis, Franz,Hodges. Nay: (0). Motion carried.
Commissioner Hoppock and Commissioner Ryan returned to the meeting.
(7.3) Resolution No. 21-7943 expressing the intent of the Governing Body to the proposal
by the Friends of the River Foundation and the YMCA.
Martha Tasker,Director of Utilities,explained the request,fiscal impact and action options.
A discussion ensued between Commissioner Davis and Ms. Tasker on the concrete side
walk connection to the YMCA and the accessibility of the trails during the different phases
over different time spans. Ms. Tasker stated that installation could take one to two years
and was dependent on available funding. Ms. Tasker further stated that nature trails on
the route would be accessible.
Commissioner Davis asked if the trails would be illuminated and closed at night. Ms.
Tasker stated that lighting the trails was not in the plan but could be included at a later
date.
Commissioner Franz wanted confirmation that monies from the river project remains intact
and no sales tax funds are utilized. Ms.Tasker stated yes.
Commissioner Franz noted that the project would be completed in various phases over a
undetermined amount of time and wanted assurance that it would be designed in way that
a completed section would not be dug up for a subsequent phase. Ms. Tasker stated the
trail will be a ten foot wide concrete trail, six inches in depth, designed to traverse material
and products.
A discussion ensued between Mayor Hodges and Ms. Tasker on the original budget. Ms.
Tasker stated the funding amount between the U.S. Army Corps of Engineers and the
City's funding, an attempt to bring the Corps project and City's project in to concurrence
for approximately$22 million dollars;the City's portion was$12 million dollars.
Mayor Hodges asked if the City would have to fund additional items for habitat or wetland
restoration, to satisfy the Corps. Ms. Tasker stated that the program allows the Army Corps
of Engineers to put $10 million dollars into the project and exceed that amount by a small
percentage,it would fall back to the City,as a sponsor to pick up the remaining amount.
Michael Schrage,City Manager stated the conversations with the Army Corps of Engineers
are hours long and go in to great detail; the Corps focus was on environmental
improvements. Mr. Schrage further stated that HDR, the design consultant, has it broken
out in two different projects, one that satisfies the Corps and one that supplements the
City's project.
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Mr. Schrage continued to state that HDR identified four different options that may score
well with the Army Corps of Engineers, conversations are continuing to work through the
details. Mr. Schrage further stated that once the particulars have processed through the
chain of command for Corps approval, the options would be brought to the Governing
Body and the public for discussion.
w Jane Anderson, Executive Director for the Friends of the River Foundation thanked Mr.
Schrage, Ms. Tasker, Mr. Stack and the City Commissioners for considering the proposal
for trails along the Smokey Hill River. Ms. Anderson provided a historical overview of the
Smoky Hill River,the project,and the vision for the community.
Ms. Anderson announced a$200,000.00 gift from the Wilson Family Charitable trust,which
was intended to go towards the first half mile of trail from South Ohio Street to the front of
the YMCA. Ms. Anderson stated the gift has one condition, the $200,000.00 will only be
paid if the City contributes $250,000.00 for the rest of the one half mile of trail.
Ms. Anderson further stated that the Friends of the River Foundation has formed a
relationship with the YMCA, to fundraise for the second part of the trail that goes around
the YMCA; together they believed that a City contribution would help convince private
donors to step forward,to complete the project.
Angie Lassley, YMCA Executive Director provided her comments on the partnership with
the Friends of the River Foundation and shared the YMCA Boards' vision, to be a hub for
providing access to the river for kayaks and canoes from the YMCA property and donate
some of the land for that programing and offered community bathrooms along the river.
Ms. Lassley further stated the trail and river would connect the community in ways that no
other projects have and asked for support from City of Salina.
Pastor Allen Smith, Salina Resident and Finance Chair for YMCA Board provided his
comments on the YMCA partnership and explained his past association and involvement
with the Friends of the River Foundation. Paster Smith asked for the Commission's
Support,for creating a community that works for everyone.
Commissioner Hoppock stated his understanding, it would be over a 2-year period to
utilize $450,000.00 from a federal exchange fund and asked what other projects have
benefited from the funding. Dan Stack, City Engineer, explained that the City began
receiving funds around 2010 and used those on East Magnolia, Iron Avenue, North Ohio,
many street projects and improvements, most recently the Ninth Street projects and some
curb repairs.
Commissioner Hoppock asked if any of the funds would be used for sidewalks on
Magnolia Street. Mr. Stack stated that has not yet been determined. Mr. Stack further
stated the federal fund exchange provides for a ninety percent match and allows more
liberties to use the funding at the local level.
Bridget Hall,Salina resident and member of the Friends of the River Foundation, stated her
hope,that the City Commission would match the funds for the project.
Curtis Stevens,Salina resident and member of the Friends of the River Foundation thanked
the City Commissioners for their service and acknowledged their time commitment. Mr.
Stevens made a request of the City Commission, to match the funds from the Wilson
Foundation.
Rafael Mendenz, Salina resident stated his family recently relocated back to Salina and
shared his appreciation for the city leaders' willingness to engage citizens and applauded
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their investment in the community.
21-0069 Moved by Commissioner Davis, seconded by Commissioner Hoppock, approve Resolution 21-
7943 approving a proposal by the Friends of the River Foundation and the YMCA for a
Public/Private Partnership for the Smoky Hill River Greenway Trail from Ohio Street to the
YMCA. A roll call vote was taken. Aye: (5) Davis, Franz, Hoppock, Ryan, Hodges. Nay: (0).
W Motion carried.
(7.4) Resolution No. 21-7930 authorizing the Mayor to execute a transferee agreement
with Salina 2020,Inc. and Fourth&Walnut,LLC.
Michael Schrage, City Manager, made an initial clarification to the staff report and stated
there was a reference made to Restore Properties in the application for public financing;
also noted in the report, Restore Properties acquired the site of the proposed project; and
depicted later in the report Restore Properties has invested some initial startup costs. Mr.
Schrage offered, in an effort to provide assistance, in terms of questions related to
substantial interest and common law conflicts of interest,he wanted to make it known that
there are two separate entities, Restore Properties and Restore Construction and there may
be incorrect references to the specific entity, in the report. Mr. Schrage further stated that
Jacob Wilson would speak to the specifics before deliberations so that the Commission
could make informed decisions pertaining to conflicts of interest.
A discussion ensued between Mayor Hodges and Mr. Schrage regarding the specific
sections of the report in question.
Jacob Wilson stated the correct entity was Restore Construction. Mr. Wilson explained that
the property was originally purchased by Restore Construction, entered into an agreement
with Dr. Guy Gross, to form a partnership of Fourth & Walnut, LLC. Mr. Wilson further
stated that Restore Construction was created after Restore Properties, once it was
determined that a separate construction entity was required due to the volume of work.
A discussion ensued between Mayor Hodges and Mr. Wilson regarding the areas of the
report where corrections were needed.
Mayor Hodges asked the members of the Commission that previously recused themselves
on the Restore Properties agenda item, if there was conflict issues. There were no conflicts;
all Commissioners were present for the discussion.
Mr.Schrage explained the request,fiscal impact and action options.
A discussion ensued between Commissioner Hoppock, Mr. Schrage and Guy Walker
representing Salina 2020, regarding the balances in the TIF and CID funds and whether
there was room for additional business to draw on those funds. While the exact figures
were not readily available, it was stated the estimated balances for new business TIF was
$2.7 million dollars and CID estimated balance was close to$3 million dollars.
Commissioner Franz asked if there was any difference whether a business applied for TIF
or CID and if an applicant could apply for both. Mr. Schrage stated it was up to an
applicant and there was no prohibition to applying for both, if the project meets
requirements.
Commissioner Franz questioned the limitations on when an individual could apply. Mr.
Schrage stated there was no specified deadline and was intended to support new
construction.
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Guy Walker, with Salina 2020 stated that they supported the project and encouraged the
Governing Body to support the project.
�-- 21-0070 Moved by Commissioner Davis, seconded by Commissioner Ryan, approve Resolution 21-7930.
A roll call vote was taken. A roll call vote was taken. Aye: (5) Davis, Franz, Hoppock, Ryan,
Hodges. Nay: (0). Motion carried.
Z
(7.5) Jerry Ivey Pond Rehabilitation,Downsizing,or Removal Plan.
Chris Cotten, Director of Parks&Recreation,explained the request,fiscal impact and action
options.
U Michael Schrage, City Manager stated the cost was within purchase authority of city
manager and/or city staff but wanted to bring the decision to the Governing Body for
consensus,based on previous study session discussions.
A discussion ensued between the Commissioners about the desire to look at some options,
to address identified issues; reduce the pond size and/or an alternate water feature that
doesn't support waterfowl.
Commissioner Hoppock asked about the water feature in Sunset Park and questioned if
water was still flowing. Mr. Cotton stated yes but that it was shut off last season due to
COVID-19 and reduction in staffing levels.
Commissioner Ryan asked if there were any waterfowl issues at the golf course. Mr. Cotton
stated yes.
Jon Blanchard,Salina,stated he didn't hear a consensus for a pond and liked the suggestion
of using a strategic planning session, to discuss broader issues. Mr. Blanchard suggested
that consultation with a park planner or landscape architect, to facilitate the discussion to
move in a particular direction.
Mr. Purney,Salina,recommended filling in the pond and landscaping the space.
Commissioner Hoppock inquired as to when the strategic planning session was scheduled.
Mr.Schrage replied,in April.
21-0071 Moved by Commissioner Davis, seconded by Commissioner Ryan, authorize the City Manager to
move forward with Water's Edge to investigate repair of the pond, redesign of the pond or
repurposing of the space for another amenity. A roll call vote was taken. Aye: (3) Davis, Franz,
Ryan,Nay: (2). Hoppock,Hodges. Motion passes 3 to 2.
(7.6) Resolution No. 21-7944 appointing Human Relations Commission member to Law
Enforcement Citizen Review Board.
Jacob Wood, Deputy City Manager, explained that Kris Grinter was nominated by the
Human Relations Commission on Friday,March 19, 2021. Mr. Wood stated meetings could
begin with the placement of the last appointment.
Commissioner Davis asked about scheduling citizen board trainings. Mr. Wood stated that
with the formation of the LECRB there will be a lot of trainings for those individuals and
further stated that since the public mass gathering order has expired there will be a return
to more regularly scheduled meetings and an expectation for more training opportunities.
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I
21-0072 Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to approve Resolution No.
I21-7944 appointing Kris Grinter, a Human Relations Commission member to the Law Enforcement
Citizen Review Board. A roll call vote was taken. Aye: (5) Davis, Franz, Hoppock, Ryan, Hodges.
Nay: (0). Motion carried.
N
Before addressing the last agenda item Dean Andrew, Director of Planning stated he
experienced difficulties participating via Zoom for the earlier agenda item [7.2]. Mr.
T.
Andrew stated he wanted to respond to Commissioner Franz's question regarding the
•
tpending sidewalk dining license with the Paramount Bar. Mr. Andrew stated the
15, application was not complete and staff was working with the owner to obtain all necessary
documentation. Mr. Andrew also responded to the question on duration of the sidewalk
café license agreements. Mr. Andrew explained that most license agreements run in
perpetuity unless there was some event that would cause it to be terminated by one of the
parties but that a sidewalk café license agreement was unique and must be renewed
annually.
DEVELOPMENT BUSINESS
(8.1) Application #Z18-6A, filed by Sunset Custard DT, LLC, requesting approval of an
amendment to an existing PC-3 (Planned Shopping Center) zoning district at 916
East Crawford Street.
(8.1a) First reading Ordinance No. 21-11056
Dean Andrew,Director of Planning,explained the request and action options.
Commissioner Davis wanted confirmation that there would be no enclosed area for
ordering. Mr. Andrew explained the new concept and a first of its kind prototype for an
onsite, outdoor dining only, Freddy's restaurant; all ordering will occur at a walk-up or
drive-up window.
A discussion ensued between Commissioners Franz, Hoppock and Mr. Andrew that
centered on traffic studies and considerations for turning activity on Crawford Street. Mr.
Andrew explained that the relocation and reduction to the number of turning points,
would offer less conflict and stopping points, the rear access drive would be completed as
part of the project and will encourage people to make turning movements on Lewis Street.
A discussion ensued between the Governing Body and Mr. Andrew on the access road,
accessibility to turning on to Ohio Street,turning restrictions and congestion concerns.
In response to the Governing Body's inquiry pertaining to completion of a traffic study for
the proposed project, both Chris Hitchcock, manager for JRI Construction and Brett
Wilkinson,with Kaw Valley Engineering stated there was no traffic study completed.
21-0073 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to approve application
#Z18-6A,filed by Sunset Custard DT, LLC and the amendment to an existing PC-3 zoning district
and approval of a final site development plan for a proposed restaurant with an outdoor seating
area that exceeds 50% of the capacity of the indoor seating area. A roll call vote was taken. Aye: (5)
Davis,Franz,Hoppock,Ryan,Hodges. Nay: (0). Motion carried.
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r.. "OTHER BUSINESS
21-0074 Moved by Commissioner Franz, seconded by Commissioner Davis, move the city commission
recess into executive session for 20 minutes to discuss the city manager's performance based upon
W 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 9:32p.m. A roll call vote was taken. Aye: (5) Davis,
Franz,Hoppock, Ryan,Hodges. Nay: (0). Motion carried.
Jacob Wood, Deputy City Manager provided an overview of executive session protocols for
Zoom participants.
Michael Schrage, City Manager was called in to the executive session at 9:23p.m.
Meeting reconvened in open session at 9:30pm.
21-0075 Moved by Commissioner Franz, seconded by Commissioner Davis, move the city commission
recess into executive session for 20 minutes to discuss the city manager's performance 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 9:47p.m.
Michael Schrage, City Manager was present the executive session.
The meeting was reconvened at 9:46 p.m.
LADJOURNMENT
21-0076 Moved by Commissioner Davis, 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 9: 48p.m.
/we
Trent W. avis, M.D.,Vice-Mayor
[SEAL]
ATTEST:
/ 1 , /
Cheryl er
Y s,Deputy City Clerk
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