09-25-2023 Minutes CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
September 25,2023
4:00 p.m.
W 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, and Bill Longbine. Karl Ryan attended online via Zoom.
Also present: Mike Schrage, City Manager; Jacob Wood, Deputy City Manager; Shawn
Henessee, Assistant City Manager; Greg Bengtson, City Attorney; and Nikki Goding, City
Clerk.
AWARDS AND PROCLAMATIONS
(3.1) Recognition of the month of October, 2023, as National Arts and Humanities Month.
Brooks Olivier, Member of the Salina Arts and Humanities Commission, read the
proclamation. Anna Pauscher Morawitz, Operations and Development Manager with
Salina Arts and Humanities, discussed related activities.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(4.1) Conduct the required public hearing on the City of Salina's proposed application for
the Kansas Department of Commerce (KDOC) 2023 Community Development
Block Grant - Housing Rehabilitation, Demolition or Neighborhood Development
Grant(CDBG—Housing).
Mayor Hoppock opened the public hearing.
Michelle Martin, Community Relations Supervisor, explained the request, fiscal impact, and
action options.
There was some discussion between the Commissioners and Lead for America Fellow
Amanda Jarvis on the difference between this grant and the FHLB grant the City is applying
for; the extra requirements from landlords who wish to apply for assistance; when applicants
will find out if they have been accepted by the State to receive the grant; and what happens
if the grant money doesn't cover needed repairs for the homes that are approved to receive
assistance.
No comments were made by the public.
Mayor Hoppock closed the public hearing.
(4.2) Conduct the public hearing and report on Petition No. 4422 filed by Kelly Dunn,
Craig Piercy, and Tod Roberg, Members of Stone Lake Development, LLC
(petitioner), requesting the vacation of a portion of a 55 ft. wide platted drainage
Page 1
1
1
1
easement located on Lots 18 and 19, Block 4 of the Stone Lake Addition to the City
of Salina, Saline County, Kansas to reduce the easement width from 55 ft. to 20 ft. in
order to convert it from surface drainage to a storm drainage pipeline and consider
approving Ordinance No. 23-11176 ordering said vacation.
W Mayor Hoppock recused himself due to a conflict of interest and turned the meeting over to
Vice-Mayor Longbine.
Vice-Mayor Longbine opened the public hearing.
Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and
action options.
No comments were made by the Commissioners or the public.
Vice-Mayor Longbine closed the public hearing.
23-0277 Moved by Commissioner Davis, seconded by Commissioner Lenkiewicz, to approve Ordinance No.
23-11176 on first reading vacating portions of a 55 ft. wide drainage easement while retaining a 20
ft. easement for the storm drainage pipeline. Aye: (4). Nay (0). Motion carried.
Mayor Hoppock rejoined the meeting.
CONSENT AGENDA
(5.1) Approve the minutes of the meeting of September 18, 2023.
(5.2) Award the bid for Project No. FSAFB 23100 - Building 614 Utility Relocations at
the Former Schilling Airforce Base (FSAFB) Site to Smoky Hill, LLC in the amount
of$145,800.00 with a $14,580.00 (10%) construction contingency for a total project
authorization not to exceed $160,380.00 and authorize the City Manager to execute a
contract with Smoky Hill, LLC upon fulfillment of all prerequisites under the bid
documents.
Commissioner Longbine requested to remove item 5.2 from the consent agenda.
Martha Tasker, Director of Utilities, provided additional details at Commissioner
Longbine's request on the current status of the FSAFB project and timelines for
remediation.
23-0278 Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to approve the
consent agenda as presented. Aye: (5). Nay (0). Motion carried.
ADMINISTRATION
(6.1) Approve Ordinance No. 23-11173, on second reading, granting to Evergy Kansas
L Central, Inc. an electric franchise, prescribing the terms thereof and relating thereto,
and repealing all ordinances or parts of ordinances inconsistent with or in conflict
with the terms hereof.
Page 2
I
I
I
Mayor Hoppock stated Ordinance No. 23-11173 was passed on first reading on September
18, 2023. Since that time, no comments have been received.
23-0279 Moved by Commissioner Lenkiewicz, seconded by Commissioner Davis, to approve Ordinance No.
Z
23-11173 on second reading. A roll call vote was taken. Aye: (5). Nay (0). Motion carried.
a
w
m
DEVELOPMENT BUSINESS
T.
En
(7.1) Authorize the City Manager to execute an agreement with GovBuilt for replacement
s
permitting and licensing software.
U
Lauren Driscoll, Director of Community and Development Services, explained the request,
fiscal impact, and action options.
The Commissioners asked about how troubleshooting will work, how the data is backed up,
and the need for the change in software from the City's current program, Land Access
Management(LAMA).
Additional details on the network used to host data and its security were provided by Robert
Disberger and William Velasco with GovBuilt.
City Manager Mike Schrage noted that this motion will need rationale for sole source
purchasing included in the language. City Attorney Greg Bengtson provided language to the
City Commission for the motion.
23-0280 Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, that the governing
body find that, for the reasons set forth in the staff report, a sole source purchase of the replacement
permitting and licensing software pursuant to the City's purchasing policy is in the public interest
and to authorize the City Manager to execute an agreement with GovBuilt for replacement
permitting and licensing software. Aye: (5). Nay (0). Motion carried.
(7.2) Request to authorize City staff preparation of a Special Assessment Engineering
Feasibility Report for Phases 4a and 4b of Stone Lake Addition No. 2.
Hoppock recused himself from this item and the following item (7.3) due to a conflict of
interest and turned the meeting over to Vice-Mayor Longbine.
Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and
action options.
A short discussion followed on demographics of new-to-Salina residents versus current e,
Salina residents upgrading into new homes and the status of the other phases of the Stone
Lake housing development.
L23-0281 Moved by Commissioner Lenkiewicz, seconded by Commissioner Davis, to authorize City staff
preparation of a SAF report for Phases 4a and b of Stone Lake Addition No. 2. Aye: (4). Nay (0).
Motion carried.
Page 3
1
1
1
(7.3) Approve Ordinance No. 23-11174, on first reading, relating to Application #Z23-6,
filed by Stone Lake Development, LLC, requesting a change in zoning district
classification from PC-2 (Planning Neighborhood Shopping) to R-2 (Multi-Family
Residential) on five (5) lots located on the east side of South Ohio Street, south of
Shoreline Drive. The subject property is legally described as Lots 1-5, Block 6 of the
Stone Lake Addition to the City of Salina, Saline County, Kansas and addressed as
2835-2915 South Ohio Street.
Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and
action options.
There was a question on what the use for the remaining adjacent lot will be as it will remain
zoned PC-2. Kelly Dunn with Stone Lake Development, LLC also added that there is great
interest in the townhomes that will be built on these rezoned lots.
23-0282 Moved by Commissioner Davis, seconded by Commissioner Lenkiewicz, to approve Ordinance No.
23-11174 on first reading. Aye: (4). Nay(0). Motion carried.
Mayor Hoppock rejoined the meeting.
(7.4) Approve Ordinance No. 23-11175, on first reading, amending the zoning regulations
applicable to group day care homes.
Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and
action options.
Claire Ludes, Executive Director of Salina United Way, highlighted the benefits of
approving this ordinance and offered details on the inspection and licensing process of home
day cares.
23-0283 Moved by Commissioner Davis, seconded by Commissioner Lenkiewicz, to approve Ordinance No.
23-11175 on first reading. Aye: (5). Nay (0). Motion carried.
(7.5) Consideration of South View Estates Development Agreement Compliance
Commissioner Ryan recused himself from this item and was not in attendance for the
remainder of the meeting.
Lauren Driscoll, Director of Community and Development Services, explained the concern
identified by Commissioner Davis on July 17, 2023 regarding the square footage of
townhomes in this development not matching the requirements in the development
agreement.
After a lengthy discussion on whether the discrepancy between "living space" and "finished
living space" was intentional or merely an oversight, the City's plans to avoid this
misunderstanding going forward with other housing developers, and if the homes were
advertised with the correct square footage numbers, Mayor Hoppock felt that an executive
session after comments from the developers and the public would be in order so that the
City could confer with bond counsel. He noted that the City Commission is also at fault,
Page 4
I
I
I
having approved the language in the development plan and agreement from which the
developers were working.
Ben Windholz, Salina, Kansas, expressed concern over the money the developers have
Z
received as it relates to the issue at hand.
a
Norman Mannel, Salina, Kansas, added that there should be accountability for the error.
23-0;84 Moved by Commissioner Davis, seconded by Commissioner Lenkiewicz, to recess into executive
session for 20 minutes to discuss the subject of legal considerations relating to compliance by South
View Estates, LLC with the South View Estates Rural Housing Incentive District development
agreement dated effective August 31, 2021 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 6:45 p.m.
The meeting recessed at 6:25 p.m. and reconvened at 6:47 p.m. City Attorney Greg
Bengtson noted the late reconvention is not against the Kansas Open Meetings Act. Only
reconvening earlier is disallowed.
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; Lauren Driscoll, Director of Community and Development Services; and bond
counselor Dominic Eck with Gilmore and Bell online.
Commissioner Davis concurred with City staff's belief that an unintentional error was made,
and its occurrence has led to good information to use going forward. No home buyers were
misled, but it would be useful to ensure that the suggested changes from staff go beyond a
handshake agreement. He felt creating a letter of agreement would be satisfactory.
23-0285 Moved by Commissioner Davis, seconded by Commissioner Lenkiewicz, to instruct staff to prepare
a letter of agreement by and between the City and South View Estates, LLC to address process
improvements to focus on the identified errors as to the development agreement. Aye: (4). Nay (0).
Motion carried.
OTHER BUSINESS
Commissioner Davis brought up some rough edges at some intersections newly paved and
asphalted. City Manager Mike Schrage added that the increase in thickness is noticeable and
staff acknowledged the need to soften the transition between perpendicular intersections.
Staff is working on shortening the timeframe between the paving work and the refinement of
those transitions. He also pointed out the need to level out manholes in a similar process.
Mayor Hoppock thanked City staff for removing a tree on Magnolia Road turning onto
Eagle Crest as the tree had hindered visibility. Mr. Schrage explained sight triangles and
how obstructions are handled.
Commissioner Davis shared positive comments about Salina from an attendee of Leadership
Kansas. Mayor Hoppock commended Rafael Mendez for his work bringing Leadership
Kansas to Salina.
Page 5
1
1
1
'z CITIZENS FORUM
Ben Windholz, Salina, Kansas, expressed disdain with giving grant money and taxpayer
money to developers. He also noted the negative effects the special event fees have on the
Z
events he runs as well as other car-focused events and block parties.
a
w
EXECUTIVE SESSION
(10.1) Request for Executive Session—Attorney/Client Privileged
N
C
O
23-086 Moved by Commissioner Lenkiewicz, seconded by Commissioner Longbine, to recess into
executive session for 20 minutes following a 5 minute break to discuss with special legal counsel
the subject of confidential legal considerations relating to points of negotiation with Salina
Destination Development, LLC, regarding the City's multi-family housing project, 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 7:27 p.m.
The City Commission recessed into their 5 minute break and the executive session at 7:02
p.m. and reconvened at 7:27 p.m.
Also present in the executive session were Mike Schrage, City Manager; Jacob Wood,
L Deputy City Manager; Shawn Henessee, Assistant City Manager; Lauren Driscoll, Director
of Community and Development Services; Greg Bengtson, City Attorney; and specialized
financial counsel Matt Webster with Stifel Nicolaus attended online.
No action was taken.
ADJOURNMENT
23-0287 Moved by Commissioner Davis, seconded by Commissioner Longbine, that the regular meeting of
the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting
adjourned at 7:28 p.m.
,(- )
[SEAL] Michael L. Hoppocl< r
ATTEST:
\--)i 1 1 C 1 #
Nikki oding, City Clerk 4
L
Page 6
1
1
1