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08-07-2023 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 7, 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 Nikki Goding, Deputy City Clerk. AWARDS AND PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (4.1) Conduct a public hearing on the advisability of the issuance of$22,000,000 in taxable IRBs for Beck's Superior Hybrids LLC of Atlanta, IN. Mayor Hoppock recused himself due to a conflict, turning the meeting over to Vice-Mayor Longbine. Vice-Mayor Longbine opened the public hearing. Mitch Robinson, Executive Director of the Salina Community Economic Development Organization, explained the request, fiscal impact, and action options. Sonny Beck, CEO and owner of Beck's Hybrids, spoke on the history of the Beck's company, current employment numbers, and their goals. Caleb Bruner, Facilities Manager of Beck's Hybrids, added details about Beck's distinctive buildings, use of farm land on the property, and the importance of aesthetics in attracting people from the location off I-70. Shawn Henessee, Assistant City Manager, elaborated on the timeline of the request and additional delays due to needing Saline County approval for annexation of the land for the Beck's building. Sarah Steele, Bond Counsel with Gilmore and Bell, explained the legal procedure for this agenda item and the need for a cost-benefit analysis before the public hearing. Discussion followed on the cost-benefit analysis, the creation of jobs, the benefits to local farmers, timelines for completion of the building, and how long it will take for Salina to see economic benefit. Page 1 No comments from the public were made. LVice-Mayor Longbine closed the public hearing. 23-0218 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve Resolution 23-8123 initiating the issuance of taxable IRBs to Beck's Superior Hybrids of Atlanta, IN. Aye: (4). Nay (0). Motion carried. Mayor Hoppock rejoined the meeting. y 8 CONSENT AGENDA (5.1) Approve the minutes of the meeting of July 24, 2023. (5.2) Consider awarding the bid for project number 23024, 2023 Sidewalk Repairs to Inco USA, LLC of Olathe in the amount of $35,270.89 with a $1,763.54 (5%) construction contingency for a total project authorization not to exceed $37,034.43 and authorizing the City Manager to execute a contract with Inco USA, LLC of Olathe upon fulfillment of all prerequisites under the bid documents. (5.3) Consider authorizing the City Manager to execute a modified Right-of-Way (ROW) User Agreement with Delta Communications, LLC dba Clearwave Fiber to allow the installation of fiber optic and related facilities within utility easements in the City of Salina for both commercial and residential services. : R Commissioner Davis requested to remove item 5.3 from the consent agenda. 23-0219 Moved by Commissioner Davis, seconded by Commissioner Longbine, to approve items 5.1 and 5.2 as presented. Aye: (5). Nay (0). Motion carried. Pertaining to item 5.3, Commissioner Davis had questions on the differences between what entitles a company to use a utility easement versus a right-of-way easement. The ensuing discussion touched on the outdatedness of current franchise laws and the blurring lines between different types of communications utilities. Additionally it was clarified that any further fiber internet companies or similar who come to town will have use of both ROW and utility easements now that Clearwave and Nex-Tech do. 23-0220 Moved by Commissioner Davis, seconded by Commissioner Longbine, to authorize the City Manager to execute a modified Right-of-Way User Agreement with Delta Communications, LLC dba Clearwave Fiber. Aye: (5). Nay (0). Motion carried. ADMINISTRATION (6.1) Authorize the mayor to execute an agreement with Salina Baseball Enterprises relating to Wilbur Field and James Matson Field. Mike Schrage, City Manager, explained the request, fiscal impact, and action options. Greg Bengtson, City Attorney, explained three small changes made to the agreement. L Kenny Hancock, Engineer and Representative for Salina Baseball Enterprises, spoke on future naming rights for Wilbur Field and detailed the work to be done, highlighting the shared bathrooms, the upgrades to the lights, the eagerness of SBE's preferred turf Page 2 contractor to start the work, and the new dugouts. Mr. Hancock stated that it's not unrealistic for the work to be done by next spring's baseball season. Financial questions arose about the desire to not use debt funding if at all possible, the gap in revenue from the Transient Guest Tax, and if funding this project from other sources would then affect other projects either currently in the works or in the future. It was also suggested by Mr. Hancock to consider turfing Matson Field at the same time to save money. i6 23-01,21 Moved by Commissioner Ryan, seconded by Commissioner Lenkiewicz, to authorize the mayor to 0 execute an agreement with Salina Baseball Enterprises with amendments as noted by City legal 2. counsel. Aye: (5). Nay (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Lakeview Estates Addition No. 3 (7.1 a) Consider acceptance of offered street right-of-way and easement dedications from Stan Byquist to serve Lakeview Estates Addition No. 3, a proposed 15 lot subdivision of a 16.37 acre tract of land located on the east side of South Ohio Street, south of Magnolia Road. Dean Andrew, Director of Planning, explained the request, fiscal impact, and action options. No comments or questions were posed by the Commissioners or the public. L23-0222 Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to accept the offered street right-of-way and easement dedications to Lakeview Estates Addition No. 3. Aye: (5). Nay (0). Motion carried. (7.1b) Second reading of Ordinance No. 23-11156, requesting annexation of a 16 acre tract of land located on the east side of South Ohio Street between Magnolia Road and the Stone Lake Addition. Mayor Hoppock noted that Ordinance 23-11156 was passed on first reading on June 26, 2023. Since that time, the final plat has been submitted and approved and no comments from the public have been received. 23-0223 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve Ordinance 23-11156 on second reading. A roll call vote was taken. Aye: (5). Nay (0). Motion carried. (7.1c) Second reading of Ordinance No. 23-11157, requesting a change in zoning district classification from Saline County AG (Agricultural) to PDD R-2 (Multi-Family Residential) to allow the construction of single-family homes and townhomes on a 16.37 acre tract of land located on the south side of the Knox sandpit east of South Ohio Street. Mayor Hoppock noted that Ordinance 23-11157 was passed on first reading on June 26, L 2023. Since that time, the final plat has been submitted and approved and no comments from the public have been received. 23-0224 Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to approve Ordinance No. 23-11157 on second reading. A roll call vote was taken. Aye: (5). Nay (0). Motion carried. Page 3 OTHER BUSINESS Commissioner Davis asked about updates on the building at the tennis courts, and a short conversation followed about expectations of the work to be done on it. U, Commissioner Ryan expressed a desire to homogenize the requirements for appointment to the various City boards and commissions and to clarify the exact requirements for appointees to certain boards with specific needs. CITIZENS FORUM 0 U Norman Mannel, Salina, KS, shared his thoughts on dwindling water supplies, diminished land values, and bringing more attention to football to Salina after the baseball work is completed. Ben Windholz, Salina, KS, voiced his disappointment with the maintenance of the tennis courts by Salina Tennis Association and inquired as to where the City's responsibilities end and STA's begin. EXECUTIVE SESSION 23-0225 Moved by Commissioner Lenkiewicz, seconded by Commissioner Ryan, that the City Commission recess into executive session for 20 minutes to discuss the subject of legal considerations relating to the pending case of Tim LePage vs. City of Salina and Larry Mullikin with legal counsel, Terelle Mock of the Law Firm of Fisher, Patterson, Sayler, & Smith, 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. 75-4319(b)(2). The open meeting will resume in this room at 6:23 p.m. The City Commission recessed into executive session at 6:03 p.m. and reconvened at 6:23 p.m. Also present in the executive session were Mike Schrage, City Manager; Jacob Wood, Deputy City Manager; Shawn Henessee, Assistant City Manager; Greg Bengtson, City Attorney; and Terelle Mock. No action was taken. ADJOURNMENT 23-0226 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 6:24 p.m. [SEAL] Michael L. Hoppock, ayor AT ES i f 1 Nikki Goding, Deputy City C141 Page 4