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06-27-2022 Minutes (Amended)r .. ,... CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS (AMENDED) June 27, 2022 4:00 p.m. Mayor Davis asked the Clerk for verification that notice had been sent for today's City Commission meeting. The Clerk replied yes. The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City-County Building. A roll call was taken followed by the Pledge of Allegiance and a moment of silence. Those present and comprising a quorum: Mayor Trent W . Davis, M.D. (presiding), Greg Lenkiewicz, Bill Longbine and Karl Ryan. Absent: Michael L. Hoppock (for a portion of the meeting). Also present: Mike Schrage, City Manager, Jacob Wood, Deputy City Manager, Shawn Henessee, Assistant City Manager, Greg Bengtson, City Attorney; and Jo Vonna A. Rutherford, City Clerk. Aw ARDS AND PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME ( 4.1) Public Hearing -Ordinance No. 22-11118 . (4.la) Conduct Public Hearing (public hearing postponed from June 13, 2022). (4.lb) Approve Ordinance No. 22-11118, on first reading, de-annexing that portion of the Chicago Addition lying west of the relocated Dry Creek channel. Dean Andrew, Director of Planning, stated the applicant requested the item be postponed. 22-0164 Moved by Commissioner Ryan, seconded by Commissioner Lenkiewicz, to postpone Items 4.la and 4 .lb to July 11, 2022. Aye: (4). Nay (0). Motion carried. (4.2) Public Hearing-Ordinance No. 22-11123. ( 4.2a) Conduct Public Hearing. (4.2b) Approve Ordinance No. 22-11123 establishing a Rural Housing Incentive District (RHID) within the City and adopting a plan for the development of housing and public facilities in such district, and making certain findings in conjunction therewith. (Aero Plains Addition). Lauren Driscoll, Director of Community and Development Services, explained the request, fiscal impact and action options. Mayor Davis opened the public hearing. Page 1 r A discussion ensued related to square footage , price, development costs, location of access road, scenarios and/or remedies if construction was halted and cost to city for wai v er of building permits. Derek Lee, Salina, Kansas, shared his thoughts on building costs and market price for homes. Tracey Sin , Salina, Kansas , commented on the subject. Mitch Robinson, Salina Community Economic Development Organization, spoke in favor of the project. Mayor Davis closed the public hearing . 22-0165 Moved by Commissioner Ryan, seconded by Commissioner Longbine, to approve Ordinance No. 22-11123, on first reading. Aye: (4). Nay (0). Motion carried. CONSENT AGENDA (5.1) Approve the minutes of June 13 , 2022 . (5 .2) Award the bid for project number 22008 , 2022 Street Markings , to Twin Traffic Marking Corporation of Kansas City, Kansas in the amount of $54,797.60 with a 5% ($2,739.88) construction contingency for a total project authorization not to exceed $57 ,537.48 and authorizing the City Manager to execute a contract with Twin Traffic Marking Corporation of Kansas City , Kansas , upon fulfillment of all prerequisites under the bid documents. (5.3) Approve Ordinance No. 22-11119, on first reading, approving the Feast on the Fe as a special event and authorizing the consumption of alcoholic liquor within the boundaries of barricaded public areas at such event. Mike Schrage , City Manager, requested Items 5.2 and 5.3 be removed from the consent agenda. 22-0166 Moved by Commissioner Ryan, seconded by Commissioner Lenkiewicz, to approve the minutes of June 13 , 2022. Aye: (4). Nay (0). Motion carried. (5.2) Award the bid for project number 22008, 2022 Street Markings , to Twin Traffic Marking Corporation of Kansas City , Kansas in the amount of $54 ,797.60 with a 5% ($2 ,739.88) construction contingency for a total project authorization not to exceed $57 ,537.48 and authorizing the City Manager to execute a contract with Twin Traffic Marking Corporation of Kansas City , Kansas , upon fulfillment of all prerequisites under the bid documents. Dan Stack, City Engineer, explained the request , fiscal impact and action options which included an increase in the construction contingency percentage . A brief discussion followed which included the current project, bike lanes/sharrows and lane markings . Page2 ... 22-0167 Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to award the bid for project number 22008, 2022 Street Markings , to Twin Traffic Marking Corporation of Kansas City, Kansas in the amount of $54 ,797 .60 with a 10% ($5,479.76) construction contingency for a total project authorization not to exceed $60 ,277.36 and authorizing the City Manager to execute a contract with Twin Traffic Marking Corporation of Kansas City, Kansas, upon fulfillment of all prerequisites under the bid documents. Aye: (4). Nay (0). Motion carried. ,.. "' "' (5 .3) Approve Ordinance No. 22-11119 , on fust reading , approving the Feast on the Fe as a special event and authorizing the consumption of alcoholic liquor within the boundaries of barricaded public areas at such event. Dean Andrew, Director of Planning , explained the request, fiscal impact and action options. 22-0168 Moved by Commissioner Ryan , seconded by Commissioner Longbine to approve Ordinance No. 22-11119 , on first reading , approving the Feast on the Fe as a special event and authorizing the consumption of alcoholic liquor within the boundaries of barricaded public areas at such event. ADMINISTRATION (6 .1) Mayor Davis stated that Item 6.1 had been removed from the agenda. (6.2) Wheat State Hospitality Transfer Agreement Amendment Request. Mike Schrage , City Manager, explained the request , fiscal impact and action options. A discussion resulted related to progress of project, opening date , construction costs and possible additional transferee agreements. Commissioner Hoppockjoined the meeting via Zoom. Guy Walker , Salina, Kansas , shared the background of the project, challenges being met and new businesses. Mr. Walker further stated the Prickly Pear would be a unique food type and outdoor space for downtown Salina and requested support for the higher incentive amount. Tim Blake , Wheat State Hospitality , Salina, Kansas, stated the project was nearing completion and welcomed members of the Governing Body to visit the project site and view the progress. Tracey Sin, Salina, Kansas , commented on the vacancies in downtown Salina. Leslie Bishop, Salina, Kansas , shared her excitement of having Tim Blake and the Prickly Pear restaurant downtown. 22-0169 Moved by Commissioner Longbine , seconded by Commissioner Lenkiewicz, to concur with the applicant 's request to amend the authorized New Retail Improvement CID Fund proceeds from a principal amount of $3 52 ,500 to $516 ,250 and instruct staff to prepare a second amendment to the Wheat state Hospitality Transferee Agreement to authorize the funding increase. Aye : (5). Nay (0). Motion carried. (6.3) Authorize the City Manager to execute an agreement for preliminary engineering design services with WSP USA Inc. for an amount not to exceed $248 ,714 for street improvements ofW. Magnolia Road from Centennial Road to Interstate 135 . Page 3 ,.. .. L ,,.. .. "' "' z 11. w "' .!: n; Cl/ ~ 22-0 .ti'l O c: 8 Dan Stack, City Engineer, explained the request, fiscal impact and action options. A discussion developed regarding walking trails, roundabouts and road improvements . Jon Blanchard, Salina, Kansas, provided his thoughts on roundabouts, requirements for the overpass and background of the project related to population. Norman Mannel, Salina, Kansas, shared his opinions on population and roundabouts . Moved by Commissioner Ryan, seconded by Commissioner Lenkiewicz, to approve the selection of WSP and authorize the City Manager to execute the engineering services agreement with WSP for the Magnolia Road Improvements, in an amount not to exceed $248,714. Aye: (5). Nay (0). Motion carried. (6.4) Authorize the City Manager to execute an agreement for preliminary engineering design services with H.W. Lochner, Inc. (Lochner) for an amount not to exceed $250,000.00 for street improvements of Holmes Road from Country Club Road to Magnolia Road. Dan Stack, City Engineer, explained the request, fiscal impact and action options. A discussion followed which included shoulder width, sidewalk/trail, city limits boundary, county involvement, costs and special assessments. Jon Blanchard, Salina, Kansas, shared his thoughts on population, census, housing developments and sustainability. Norman Mannel, Salina, Kansas, suggested development needs to be put on hold due to water shortage. A discussion developed which encompassed the current housing market, rental market, job projection, population and affordable housing. 22-0171 Moved by Commissioner Ryan, seconded by Commissioner Lenkiewicz, to approve the selection of H.W. Lochner, Inc. and authorize the City Manager to execute the engineering services agreement with H.W. Lochner, Inc. for the Holmes Road Improvements, in an amount of $244,828.67 and a contingency of $5, 171.33 for a total not to exceed $250,000.00. Aye: (5). Nay (0). Motion carried. (6 .5) Authorize the City Manager to execute a contract for traffic engineering services with Wilson & Company in an amount not to exceed $71,675 to study three intersections along Magnolia Road near the Central Mall and perform a signal warrant analysis at Schilling and Ohio. Dan Stack, City Engineer, explained the request, fiscal impact and action options . A discussion followed to include the number of accidents at intersections, stoplights, costs, and safe crossing for school children . Page4 ,..., 22-0172 Moved by Commissioner Longbine, seconded by Commissioner Ryan, to approve the selection of Wilson & Company and authorize the City Manager to execute the engineering services agreement 111111 with WCEA for traffic related services, in an amount not to exceed $71,675. Aye: (5). Nay (0). ,... ,.. 22-0173 Motion carried. The City Commission recessed at 6:12 p.m. for a 5-minute break. The meeting resumed at 6:17 p.m. DEVELOPMENT BUSINESS (7.1) Approve Resolution No. 22-8058 extending the compliance deadline date as ordered by Resolution No. 22-8049 related to repairs or demolition of a dangerous structure located at 619 S. Santa Fe. Sean Pilcher, Building Official, explained the request, fiscal impact and action options. A brief discussion followed related to historic preservation and approval by the Heritage Commission. Norman Mannel, Salina, Kansas, commented that sale of the house could solve the city's housing problem. Moved by Commissioner Lenkiewicz, seconded by Commissioner Longbine, to approve Resolution No. 22-8058 setting a compliance deadline of September 9, 2022 for substantial completion of demolition or repairs and authorizing staff to proceed with the demolition if the owner fails to comply. Aye: (5). Nay (0). Motion carried. (7.2) Approve Ordinance No. 22-11120 changing the zoning district classification from A- l (Agricultural) to R-2 (Multi-Family Residential) on a 52-acre unplatted tract of land located east and south of the Stone Lake sandpit lake at the northeast comer of South Ohio Street and Schilling Road. Commissioner Hoppock recused himself from Items 7.2, 7.3 and 7.4 due to a conflict of interest. Dean Andrew, Director of Planning, explained the request, fiscal impact and action options. A discussion arose concerning secondary access, access points, life projection of sandpits, and dust issue resulting from unpaved portion of Schilling Road south of the development which is owned by Saline County. 22-0174 Moved by Commissioner Lenkiewicz, seconded by Commissioner Longbine, to approve Ordinance No. 22-11120 changing the zoning classification of this property from A-1 to R, R-1 to R-2 district, on first reading. Aye: (4). Nay (0). Motion carried. (7.3) Approve Ordinance No. 22-11121 changing street names of four (4) public street segments in the Stone Lake Addition and the proposed Stone Lake Addition No. 2. Dean Andrew, Director of Planning, explained the request, fiscal impact and action options. Page 5 22-0175 Moved by Commissioner Longbine, seconded by Commissioner Ryan, to approve Ordinance No. 22-11121 changing the name of the four ( 4) street segments as proposed subject to a condition that the petitioners pay for the production and installation of the replacement street signs, on first reading. Aye: (4). Nay (0). Motion carried. (7.4) Ordinance No. 22-11122 changing the zorung district classification from A-1 (Agricultural) to R-1 (Single-Family Residential) and R-2 (Multi-Family Residential) on a 46.84-acre unplatted tract of land located on the west side of Holmes Road north of Magnolia Road. Dean Andrew, Director of Planning, explained the request, fiscal impact and action options. A discussion followed related to fire protection, response time, speed limit on Magnolia, number of lots accessible from Magnolia, water drainage and benefit districts. Stan Byquist, Salina, Kansas, thanked the Governing Body and stated they would like to move forward with their project. 22-0176 Moved by Commissioner Ryan, seconded by Commissioner Lenkiewicz, to approve Ordinance No. 22-11122 changing the zoning classification of this property from A-1 to R-1 and R-2 district, on first reading. Aye: (4). Nay (0). Motion carried. Commissioner Hoppock rejoined the meeting. OTHER BUSINESS Commissioner Hoppock requested city staff look into reimbursement or adjustment to Municipal Golf Course membership fees due to the driving range not being functional. Mayor Davis announced the Salina Community Theatre production of Kinky Boots was a good show. The Governing Body discussed possible interest level, format and locations for community meetings, quorum and Kansas Open Meetings Act requirements. CITIZENS FORUM Norman Mannel, Salina, Kansas, provided his thoughts on Independence Day and Native Americans. Jon Blanchard stated Independence Day should be recognized and that he appreciated all the Governing Body does to serve the community. Mr. Blanchard also mentioned he liked the idea of the Governing Body embarking on the community meeting as well as congratulated the Salina Liberty on their championship. Mr. Blanchard further spoke about eligible developers and delinquent taxes. EXECUTIVE SESSION 22-0177 Moved by Commissioner Longbine, seconded by Commissioner Ryan, that the City Commission recess into executive session for 20 minutes to discuss the subject of the legal considerations resulting from the defendant's appeal of the District Court's ruling in the initiative ordinance case with legal counsel based upon the need for consultation with an attorney for the public body which Page 6 "' "' z 0.. w "' .>; <ii Cl/ * :2 g c: 0 u 22-0178 would be deemed privileged in the attorney-client relationship, pursuant to K.S.A. 75-73 l 9(b )(2). The open meeting will resume in this room at 7:57 p.m. with possible action to follow. Aye : (5). Nay (0). Motion carried. The City Commission recessed into executive session at 7:37 p.m. and reconvened at 7:57 p .m. No action was taken. Also present in the executive session were Mike Schrage, City Manager , Jacob Wood, Deputy City Manager , Shawn Henessee, Assistant City Manager, and Greg Bengtson , City Attorney. Moved by Commissioner Longbine , seconded by Commissioner Ryan, that the City Commission recess into executive session for 15 minutes to discuss the subject of the legal considerations resulting from the defendant 's appeal of the District Court's ruling in the initiative ordinance case with legal counsel based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship, pursuant to K.S.A. 75-7319(b )(2). The open meeting will resume in this room at 8:14 p.m. with possible action to follow . Aye : (5). Nay (0). Motion carried. The City Commission recessed into executive session at 7:59 p.m. and reconvened at 8:14 p.m. Also present in the executive session were Mike Schrage , City Manager, Jacob Wood , Deputy City Manager, Shawn Henessee , Assistant City Manager, and Greg Bengtson , City Attorney. Greg Bengtson, City Attorney, explained the subject matter related to a Notice of Appeal that had been filed and possible action to be taken. 22-0179 Moved by Commissioner Lenkiewicz , seconded by Commissioner Ryan that, in response to the Notice of Appeal filed by the Defendant in the initiative ordinance case , Saline County District Court Case No . 21-CV-160, the city 's legal counsel be instructed to pursue a cross-appeal of the Memorandum and Order Granting in Part and Denying in Part the City's Motion for Summary Judgment entered in the case on May 31, 2022. Aye: (4). Nay : (1 -Longbine). Motion carried . 22-0180 ADJOURNMENT Moved by Commissioner Longbine , seconded by Commissioner Ryan, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried . The meeting adjourned at 8:20 p.m. [SEAL] Trent W. Davis , M.D ., Mayor Page 7