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12-04-2023 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 4, 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. T, 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, City Clerk. AWARDS AND PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME CONSENT AGENDA (5.1) Approve the minutes of the meeting of November 27, 2023. (5.2) Approve Resolution No. 23-8170 adopting the Financial Policies for the City of Salina. (5.3) Approve the minutes of the special meeting of November 30, 2023. 23-0363 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve the consent agenda with corrections to the minutes of the special meeting as noted. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (6.1) Consider the request by RAM Contracting and Dirt Works of Salina, Kansas to withdraw its bid and award the bid for project number 23011, 2023 Sidewalk Ramps, to Morgan Brothers Construction, Inc. of La Crosse, Kansas in the amount of $108,616.30 with a $5,430.82 (5%) construction contingency for a total project authorization not to exceed $114,047.12 and authorizing the City Manager to execute a contract with Morgan Brothers Construction, Inc. of La Crosse, Kansas upon fulfillment of all prerequisites under the bid documents. Dan Stack, City Engineer, explained the request, fiscal impact, and action options. Mr. Stack and City Attorney Greg Bengtson provided further details on the types of bonds involved in project bids and timelines for when it would be too late to return a bond. Mr. Stack added that JT Caldwell of RAM is newly in business for himself, and is still learning the process of submitting bids to the City, but has done quality work as an employee of other contractors with which the City has a working relationship. Page 1 1 Norman Mannel, Salina, Kansas, asked about similarities to interstate construction in the 1960s and expressed his concerns about lawfulness. 23-0 ,64 Moved by Commissioner Longbine, seconded by Commissioner Davis, to reject the low bid of RAM Contracting and Dirt Works on the basis that it is not in the best interest of the project and w directing Engineering staff to return its bid security. Aye: (4). Nay: (1-Ryan). Motion carried. C 23-0165 Moved by Commissioner Davis, seconded by Commissioner Ryan, to award the bid for project number 23011, 2023 Sidewalk Ramps, to Morgan Brothers Construction, Inc. of La Crosse, Kansas 79 in an amount not to exceed $114,047.12 and authorizing the City Manager to execute a contract with Morgan Brothers Construction, Inc. Aye: (5). Nay: (0). Motion carried. (6.2) Approve Resolution No. 23-8175 along with awarding the bid for project number 23037, 2023 New Sidewalk Construction, to RAM Contracting and Dirt Works of Salina, Kansas in the amount of $124,479 with a $6,223.95 (5%) construction contingency for a total project authorization not to exceed $130,702.95 and authorizing the City Manager to execute a contract with RAM upon fulfillment of all prerequisites under the bid documents. Dan Stack, City Engineer, explained the request, fiscal impact, and action options. Commissioner Longbine asked about completion dates for the two sidewalk projects. Mr. Stack stated they're aiming for July 2024. 23-0366 Moved by Commissioner Ryan, seconded by Commissioner Longbine, to approve Resolution No. 23-8175. Aye: (5). Nay: (0). Motion carried. (6.3) Authorize Publication of the Notice of Budget Hearing for the 2023 Amended Budget which sets December 18, 2023 as the date for public hearing on the 2023 Amended Budget and establishes the maximum limits of the 2023 Amended Budget. Debbie Pack, Director of Finance, explained the request, fiscal impact, and action options. A few questions followed on the age and repairs of the irrigation system and carts at the Municipal Golf Course. 23-0367 Moved by Commissioner Davis, seconded by Commissioner Ryan, to authorize Publication of the Notice of Budget Hearing for the 2023 Amended Budget. Aye: (5). Nay: (0). Motion carried. (6.4) Consider the Salina Airport Authority's request and Salina Community Economic Development Organization Board of Directors' recommendation regarding the City of Salina's participation in the funding of a proposed agreement with SkyWest Airlines for resumption of overnight flight scheduling of Denver flights. i Mike Schrage, City Manager, explained the request, fiscal impact, and action options. Tim Rogers, Executive Director of the Salina Airport Authority, provided additional background on the request. Page 2 Gary Foss, SAA's Air Service Consultant, walked the Commissioners through the costs and benefits that would be associated with the request. A lengthy conversation followed on whether or not the added air service would be a good use of economic development funds, in part due to the inability for many citizens to afford to or desire to fly outside of Salina. Business travelers were highlighted as a benefactor of the added service, and further discussion touched on the transient guest revenue brought in Th from the overnight aircraft staff that would need to lodge in Salina to prepare for their morning flights. The length of time of the agreement and requirements for bringing Houston service into the fold were also discussed. U 23-0368 Moved by Commissioner Davis, seconded by Commissioner Ryan, to accept and concur with the SCEDO recommendation; authorize the reallocation of$400,000 of Economic Development Funds to provide the City's portion of the contribution to the funding of overnight flights on a reimbursement basis for a period of one year at seven flights a week as recommended; and authorize the City Manager to execute an agreement for the use of such funds. Aye: (3). Nay: (2- Hoppock, Longbine). Motion carried. (6.5) Approve Ordinance No. 23-11187 on first reading relating to prohibitions against any person obstructing in public places pedestrian traffic, vehicular traffic or marked vehicular parking. Mike Schrage, City Manager, explained the request, fiscal impact, and action options. Much conversation was had on what, exactly, would constitute obstruction and how the City intends to educate the public on the ordinance. Commissioner Davis was especially concerned with the possibility that this ordinance could be used to unfairly or arbitrarily target specific groups of people. Commissioner Lenkiewicz expressed his thoughts that the Salina Police Department would use appropriate discretion in enforcing the ordinance. City Attorney Greg Bengtson added that the ordinance was drafted with public safety as its intent, and with the input of the City Prosecutor. Norman Mannel, Salina, Kansas, shared his thoughts. Ben Windholz, Salina, Kansas, explained who he felt would be most at risk of being fined or summoned to court as a result of the ordinance. 23-0369 Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to approve Ordinance No. 23-11187 on first reading prohibiting obstructing in public places pedestrian traffic, vehicular traffic or marked vehicular parking. Aye: (4). Nay: (1-Davis). Motion carried. 23-0370 Moved by Commissioner Longbine, seconded by Commissioner Ryan, to recess for a 5 minute break and amend the order of the agenda to move item 6.6 to follow item 6.9. Aye: (4). Nay: (1- Davis). Motion carried. The meeting recessed at 6:27 p.m. and reconvened at 6:32 p.m. (6.7) Approve Ordinance No. 23-11185 on first reading authorizing the City of Salina, Kansas to issue taxable Multi-Family Bonds, Series 2023 (Cedarhurst Project) in the Page 3 aggregate principal amount not to exceed $15,000,000 for the purpose of the acquisition, construction and equipping of a commercial facility and authorizing certain other related documents and actions. N Shawn Henessee, Assistant City Manager, explained the request, fiscal impact, and action options. It was noted that these bonds are not an obligation of the City if there is default. 0 23-0171 Moved by Commissioner Ryan, seconded by Commissioner Longbine, to approve Ordinance No. U 23-11185 on first reading authorizing the issuance of Multi-Family Revenue Bonds, Series 2023 (Cedarhurst Project) in the aggregate principal amount not to exceed $15,000,000 for the purpose of the acquisition, renovation and equipping of a commercial facility and authorizing certain other related documents and actions. Aye: (5). Nay: (0). Motion carried. (6.8) Approve Ordinance No. 23-11184 on first reading authorizing the City of Salina, Kansas to issue taxable Industrial Revenue Bonds, Series 2023 (Dominion Project) in the aggregate principal amount not to exceed $3,729,417.31 for the purpose of financing the acquisition, construction and equipping of an additional manufacturing facility addition in the City of Salina and authorizing certain other related documents and actions and for the exemption of sales tax for material used in the construction of the project and a 10 year property tax exemption. Shawn Henessee, Assistant City Manager, explained the request, fiscal impact, and action options. Mitch Robinson, Executive Director of the Salina Community Economic Development Organization, provided updated information on the employment numbers at Geoprobe and explained the fiscal data sheet in more detail. Following questions on methods of tracking the jobs created and filled, Miles Walters with Geoprobe Systems stated they have hired 9 positions out of 17 available. He added that the jobs are highly specialized and technical, so they are working on reaching out to find qualified individuals. 23-0372 Moved by Commissioner Lenkiewicz, seconded by Commissioner Longbine, to approve Ordinance No. 23-11184 on first reading authorizing the issuance of Industrial Revenue Bonds, Series 2023 (Dominion Project) in the aggregate principal amount not to exceed $3,729,417.31 for the purpose of the acquisition, renovation and equipping of a commercial facility and authorizing certain other related documents and actions. Aye: (5). Nay: (0). Motion carried (6.9) Approve Ordinance No. 23-11183 on first reading updating and modifying where alcoholic beverages may be consumed on public property in the City of Salina and restricting open containers at the same locations that are public property. Shawn Henessee, Assistant City Manager, explained the request, fiscal impact, and action options. The only question on this item was to explain what the kiva at Thomas Park is. Page 4 I23-0373 Moved by Commissioner Davis, seconded by Commissioner Longbine, to approve Ordinance 23- 11183 on first reading updating and modifying where alcoholic beverages may be consumed on public property in the City of Salina and restricting open containers at the same locations that are public property. Aye: (5).Nay: (0). Motion carried. Z a w (6.6) City Commission Meeting Schedule and Ordinance Passage Amendments (6.6a) Approve Resolution No. 23-8174 amending the Rules of Procedure and Order of Business for conducting meetings of the Board of Commissioners regarding when regular meetings are held and the manner in which ordinances are adopted. (6.6b) Approve Ordinance No. 23-11186 on first reading amending Section 1-5.1 of the Salina Code regarding consideration of ordinances. Mike Schrage, City Manager, explained the request, fiscal impact, and action options. The subsequent, substantial discussion focused on the potential for meetings to run excessively long, effectively discouraging citizen involvement. There were also suggestions for an alternative to two meetings a month, questions on what would happen to study sessions, whether or not to move open forum to a different place in the meeting schedule, and the ability of the City Commission to revisit the revised schedule in April 2024 to see how it's working. Jerry Ivey, Commissioner-elect, Salina, Kansas, added he likes the twice-per-month schedule, but suggested adding a study session possibly on the 3`d Monday of a month. He also suggested scheduling items with more public engagement or out-of-town guests to occur earlier in the meetings. Norman Mannel, Salina, Kansas, shared that the City Commission is here to serve the people. Ben Windholz, Salina, Kansas, worried that reducing the number of meetings would negatively impact citizen involvement and result in business getting rushed through. Rosemary Mai, Salina, Kansas, shared that she likes the idea of two meetings per month but also agreed that study sessions should be scheduled on another day, and that open forum should be at a scheduled time in the meetings. Commissioner Ryan wondered if open forum could be moved to different times in the meeting as needed, much like this item had been moved to the end of this meeting. 23-0374 Moved by Commissioner Ryan, seconded by Commissioner Lenkiewicz, to approve Resolution No. 23-8174 amending the Rules of Procedure and Order of Business for conducting meetings of the Board of Commissioners regarding when regular meetings are held and the manner in which I,.. ordinances are adopted, amended to be effective January 1, 2024. Aye: (4). Nay: (1-Longbine). Motion carried. Page 5 23-0375 Moved by Commissioner Ryan, seconded by Commissioner Longbine, to Approve Ordinance No. L23-11186 on first reading amending Section 1-5.1 of the Salina Code regarding consideration of ordinances. Aye: (5). Nay: (0). Motion carried. N N DEVELOPMENT BUSINESS z a OTHER BUSINESS co Commissioner Davis highlighted Kansas Wesleyan's candlelight service at the Stiefel N Theatre. He also asked about sign restrictions for churches. City Manager Mike Schrage reiterated that the homelessness open forum scheduled for December 6, 2023, had been canceled due to illness of the consultant, with intent to reschedule sometime in January or February 2024. CITIZENS FORUM Norman Mannel, Salina, Kansas, spoke on ecosystem hazards and contamination at the air base as well as added burdens on law enforcement. Ben Windholz, Salina, Kansas, expressed disdain with incentives given to developers considering the current buyer's market. He hoped the City would be able to sell and fill all the housing being built. r EXECUTIVE SESSION ADJOURNMENT 23-0376 Moved by Commissioner Ryan, seconded by Commissioner Longbine, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 7:48 p.m. 1----(//(' ' , -----" i [SEAL] Michael L. Ho.soc , Mayor ATTEST: ' In 41, 01 V L 0 Nikki oding, City Clerk Page 6