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02-27-2023 Minutes• • - L "' "' CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS February 27, 2023 4:00 p.m. 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. A 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), Trent W. Davis, M.D., Greg Lenkiewicz, Bill Longbine and Karl Ryan. 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. AWARDS AND PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (5.1) Approve the minutes of February 13, 2023. (5.2) Approve Change Order No. 1 for the 2019 Water Main Replacement Project No. 1, 90039, Kansas Public Water Supply Loan Fund Project No. 2997. (5.3) Award the bid for Project No. 22034 for concrete improvements at various city parks to Seaton Construction Group, LLC in the amount of $202,790.00 (with a 5% contingency) and authorize the City Manager to execute a contract with Seaton Construction Group, LLC upon fulfillment of all prerequisites under the bid documents. (5.4) Award the bid for project number 23014, 2023 Micro-surfacing to Vance Brothers, Inc. of Kansas City, Missouri in the amount of $892,605.76 with a 5% construction contingency ($44,630.29) for a total project authorization not to exceed $937,236.05 and authorizing the City Manager to execute a contract with Vance Brothers, Inc. of Kansas City, Missouri upon fulfillment of all prerequisites under the bid documents. (5.5) Award the bid for project number 23015, 2023 Ultrathin Bonded Asphalt Surface (UBAS) to APAC Kansas Shears Division of Salina in the amount of $759,039.55 with a 5% construction contingency ($3 7 ,951.98) for a total project authorization not to exceed $796,991.53 and authorizing the City Manager to execute a contract with AP AC Kansas Shears Division of Salina upon fulfillment of all prerequisites under the bid documents. Mayor Hoppock requested that Item 5 .2 be removed from the Consent Agenda. Commissioner Longbine requested that Item 5.3 be removed from the Consent Agenda. Page 1 IP" 23-0047 Moved by Commissioner Ryan , seconded by Commissioner Davis, to approve Items 5.1, 5.4 and 5.5 of the consent agenda as presented. Aye: (5). Nay (0). Motion carried . L "' "' z 0.. w "' .£ <ii (/) 23-0 ~48 '2 g c: 8 Martha Tasker, Director of Utilities, addressed Mayor Hoppock's question on Item 5.2 and confirmed the item presented relates only to Project No. 1. A brief discussion developed regarding change orders and additional water line . Moved by Commissioner Ryan, seconded by Commissioner Davis , to approve Item 5.2 of the consent agenda . Aye: (5). Nay (0). Motion carried . Jeff Hammond , Director of Parks and Recreation, addressed Commissioner Longbine 's questions on Item 5.3 and indicated Seaton Construction had not been previously used by the city for any work but references checked were very favorable. A short discussion ensued related to concrete parking lots in Sunset Park and Oakdale Park. 23-0049 Moved by Commissioner Longbine , seconded by Commissioner Lenkiewicz , to approve Item 5.3 of the Consent Agenda. Aye: (5). Nay (0). Motion carried. ADMINISTRATION (6.1) Approve Resolution No. 23-8107 appointing members to citizen boards , commissions and committees. Mayor Hoppock announced the nominations. Commissioner Longbine commended city staff for their marketing efforts, thanked citizens for volunteering and encouraged more citizens to get involved in city government. 23-0050 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve Resolution No. 23- 8107. Aye: (5). Nay (0). Motion carried. (6.2) Approve Resolution No. 23-8112 authorizing the Mayor to acknowledge a resolution stating the permanent status of the Smoky Hill Museum . Susan Hawksworth , Director of the Smoky Hill Museum, explained the request , fiscal impact and action options. A discussion ensued related to visitor traffic at the museum , length of time exhibits were displayed , free admission and donations . Jon Blanchard, Salina, Kansas , stated the museum is one of the best around and its reputation is amazing. 23-0051 Moved by Commissioner Ryan , seconded by Commissioner Davis , to approve Resolution No. 23- 8112. Aye: (5). Nay (0). Motion carried. (6.3) Consider authorizing City Manager to engage special counsel for Overlook Estates platting matter. Page2 - L - L - L "' "' Mike Schrage, City Manager, explained the request, fiscal impact and action options. Upon inquiry by Commissioner Davis, Mr. Schrage indicated the primary role for special legal counsel would be review and legal advice. Jon Blanchard, Salina, Kansas, inquired about anticipated cost of the special legal counsel and the nature of the conflict. Mike Schrage, City Manager, indicated the number of hours that might be billed could not be confirmed nor was there any way to limit anticipated expense. Mr. Schrage further indicated that litigation was not anticipated and the purpose was to avoid any conflicts that may arise. Greg Bengtson, City Attorney, elaborated on the need for special counsel which included legal ethics, varying interests, perceived conflicts, anticipated legal opinion, proposed hourly rate of special counsel, experience of special counsel and scope of service. Dalton McDowell, Salina, Kansas, stated he thought the hourly rate seemed reasonable. 23-0052 Moved by Commissioner Ryan, seconded by Commissioner Davis, to authorize the City manager to engage special counsel or the Overlook Estates platting matter. Aye: (5). Nay (0). Motion carried. 23-0053 DEVELOPMENT BUSINESS (7.1) Approve Ordinance No. 23-11144, on first reading, annexing the east half of Centennial Road from Water Well Road north to the existing city limits. Dean Andrew, Director of Planning, explained the request, fiscal impact and action options. Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to approve Ordinance No. 23-11144, on first reading, annexing the east half of Centennial Road from Water Well Road north to the existing city limits Aye: (5). Nay (0). Motion carried. (7.2) Approve Resolution No. 23-8113, allowing the construction of an enclosed walkway over a public utility easement that would connect a new freezer building with the new west building at the Tony's Pizza plant site at 1701 W. Schilling Road. Dean Andrew, Director of Planning, explained the request, fiscal impact and action options. A short discussion followed related to utility right-of-way and responsibility for any possible damage. 23-0054 Moved by Commissioner Davis, seconded by Commissioner Ryan, to approve Resolution No. 23- 8113 authorizing the placement of a 28 ft. wide enclosed walkway over a 20 ft. and 25 ft. platted utility easement in the Tony's Subdivision. Aye: (5). Nay (0). Motion carried. Page 3 - L r - L "' "' z a. w ., £ <ii (/) i '2 ~ c: 8 (7.3) Approve Ordinance No. 23-11143 , on first reading , amending Section 42-362 of the I-2 (Light Industrial) District Regulations and Section 42-382 of the I-3 (Heavy Industrial) District Regulations to add storage of consumer fireworks [1.4G] to the list of permitted uses in the I-2 (Light Industrial) and I-3 (Heavy Industrial) zoning districts. Dean Andrew, Director of Planning , explained the request, fiscal impact and action options . Jerry Hellmer, Salina, Kansas , counsel for the applicant, thanked city staff, spoke about code consistency and safety of the community, and asked for the Governing Body 's consideration of the request. Troy Long, Fire Marshal, Salina Fire Department, provided further explanation and information on fireworks , explosives , storage , location and applicable codes . A discussion developed related to levels and classification of explosives , fire codes , zoning codes , location of storage and impact on surrounding properties. 23-0055 Moved by Commissioner Ryan, seconded by Commissioner Longbine , to approve Ordinance No . 23-11143, on first reading. Aye : (5). Nay (0). Motion carried . OTHER BUSINESS Commissioner Longbine noted the Salina Tennis Alliance complex was now open. Mayor Hoppock commented on the status of the state food sales tax reduction and possible effect it would have on the city 's sales tax receipts. Mike Schrage , City Manager, indicated city staff is reviewing best estimates . CITIZENS FORUM Norman Manne!, Salina, Kansas , voiced his concern with the homeless issue as the weather warms up. Jon Blanchard, Salina, Kansas , thanked the City Attorney for his explanation of special counsel and provided his thoughts on population growth and census data. Jerry Ivey , Salina, Kansas, inquired about the status of the pond at Jerry Ivey Park. Mr. Ivey mentioned a social media survey distributed by the city providing choices for the type of water structure to be constructed at the park did not include leaving the pond as is and repairing it. A discussion ensued which included previous study sessions , survey , citizen input, new water features , decision to fill in current pond and timeline for drainage. Rosemary Mai , Salina, Kansas , announced the Granny Brigade 's collection of water for the citizens of East Palestine, Ohio , in partnership with Long McArthur and Bradley Trucking , following a train derailment in that community. Page 4 23-0056 "' "' ADJOURNMENT Moved by Commissioner Longbine, 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 5:24 p.m. [SEAL] ATTEST.:_--... JoVonna Page 5