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12-18-2023 Minutes CITY OF SALINA, KANSAS 116 REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 18,2023 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., Bill Longbine, and Karl Ryan. Greg Lenkiewicz arrived at 4:12 p.m. 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 Retirement of Fire Inspector Jeff Daily. Mayor Hoppock read the proclamation and awarded Mr. Daily a framed copy of his proclamation. Mr. Daily said some words as well, reminding the public and his fellow firefighters of the mission statement of the Salina Fire Department. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (4.1) Public Hearing for 2023 Amended Budget. Mayor Hoppock opened the public hearing. Debbie Pack, Director of Finance, explained the request, fiscal impact, and action options. Mayor Hoppock closed the public hearing. 23-0393 Moved by Commissioner Davis, seconded by Commissioner Ryan, to approve the 2023 Amended Budget. Aye: (4). Nay: (0). Motion carried. CONSENT AGENDA (5.1) Approve the minutes of the meeting of December 11, 2023. (5.2) Award the bid for Project No. 23006, 2023 Broadway Medians, to Smoky Hill, LLC of Salina in the amount of $358,509.25 with a $17,925.46 (5%) construction contingency for a total project authorization not to exceed $376,434.71 and authorize the City Manager to execute a contract with Smoky Hill, LLC upon fulfillment of all prerequisites under the bid documents. (5.3) Authorize the City Manager to execute an agreement for the purchase of 6 wastewater pumps from Environmental & Process Systems, Inc. of Lenexa, Kansas. (5.4) Award the bid for Project No. 23036, Salina Downtown Water Treatment Chlorination Facility — Roof Replacement, to Meridian Roofing Solutions in the amount of $102,180 with a $10,218 (10%) construction contingency for a total project authorization not to exceed $112,398 and authorize the City Manager execute Page 1 a contract with Meridian Roofing Solutions upon fulfillment of all prerequisites under the bid documents. (5.5) Award the bid for Project No. 21030, Project No. 1 Water Main Replacement, to Smoky Hill, LLC in the amount of $1,996,886 with a $99,844 (5%) construction contingency for a total project authorization not to exceed $2,096,730 and authorize the City Manager to execute a contract with Smoky Hill, LLC upon fulfillment of all prerequisites under the bid documents. (5.6) Approve Resolution No. 23-8179 amending Resolution No. 18-7559 to extend the 2018-2023 Neighborhood Revitalization Plan Tax Rebate Program until January 22, 2024. U Commissioner Davis asked about the unusual 10% construction contingency for the chlorination facility roof replacement, to which Martha Tasker, Director of Utilities, stated it's to cover anything unexpected upon removal of the old roof Mayor Hoppock requested item 5.2 be removed from the consent agenda due to a late- arriving email from a concerned citizen. Commissioner Lenkiewicz arrived at 4:12 p.m., shortly before the votes were taken to approve the consent agenda. 23-0394 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve items 5.1 and 5.3 through 5.6 as presented. Aye: (5).Nay: (0). Motion carried. City Manager Mike Schrage explained that a citizen raised a question on the plans for the Broadway medians, having noticed that one of the medians was showing longer than its current measurement. Mr. Schrage clarified that the lengthening shown in the plans was an error, and that the plans had since been revised to show the correct intended measurement. Commissioner Longbine expressed concern about weeds and vegetation on the medians south of Crawford Street. He also asked if the pavers scheduled to be stained had been completed. City Engineer Dan Stack advised that the pavers were stained, but that it's more apparent close up than when driving past them. 23-0395 Moved by Commissioner Davis, seconded by Commissioner Longbine, to approve consent agenda item 5.2 and award the bid for Project No. 23006, 2023 Broadway Medians, to Smoky Hill, LLC of Salina in the amount of $358,509.25 with a $17,925.46 (5%) construction contingency. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (6.1) Approve Ordinance No. 23-11190 on second reading amending the Zoning Ordinance to add group day care homes providing care for no more than twelve (12) children in an unoccupied dwelling to the list of conditional uses allowed in the RS (Single-Family Residential Suburban), R (Single-Family Residential), R-1 (Single- Family Residential), R-2 (Multiple-Family Residential), R-2.5 (Multiple-Family Residential), R-3 (Multiple-Family Residential), and MH-S (Manufactured Home Subdivision) zoning districts. Page 2 Mayor Hoppock stated Ordinance No. 23-11190 was passed on first reading on December 11, 2023. Since that time, no comments have been received. 23-0296 Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to approve Ordinance No. 23-11190 on second reading. A roll call vote was taken. Aye: (5). Nay: (0). Motion carried. (6.2) Approve Ordinance No. 23-11188 on second reading amending Chapter 2 of the Salina Code pertaining to administration by amending and repealing Article XII, Public Improvement Procedures. 0 Mayor Hoppock stated that Ordinance No. 23-11188 was passed on first reading on December 11, 2023. Since that time, no comments have been received. 23-0397 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve Ordinance No. 23- 11188 on second reading. A roll call vote was taken. Aye: (5). Nay: (0). Motion carried. (6.3) Salina Community Theatre Association Expansion (6.3a) Authorize the Mayor to execute a Special Warranty Deed with Covenants regarding conveyance of real estate associated with the Salina Community Theatre Association for the purpose of expansion of the theatre facility into Founders Park. (6.3b) Authorize the City Manager to execute an Amendment and Complete Restatement of the Community Theatre Maintenance and Operating Agreement with the Salina Community Theatre Association. Jacob Wood, Deputy City Manager, explained the request, fiscal impact, and action options. 23-0398 Moved by Commissioner Ryan, seconded by Commissioner Davis, to authorize the Mayor to execute a Special Warranty Deed with Covenants regarding conveyance of real estate associated with the Salina Community Theatre Association (SCTA) for the purpose of expansion of the theatre facility into Founders Park for delivery to the SCTA by the City Manager following and conditional upon approval and execution of an Amendment and Complete Restatement of the Community Theatre Maintenance and Operating Agreement by the authorized signatories for the City and the SCTA. Aye: (5). Nay: (0). Motion carried. 23-0399 Moved by Commissioner Ryan, seconded by Commissioner Davis, to authorize the City Manager to execute an Amendment and Complete Restatement of the Community Theatre Maintenance and Operating Agreement with the Salina Community Theatre Association. Aye: (5). Nay: (0). Motion carried. (6.4) Approve Resolution No. 23-8180 designating the Official City Newspaper for the City of Salina to be the City of Salina, Kansas website and designating an alternative newspaper for those notices not required to be in the Official City Newspaper. Shawn Henessee, Assistant City Manager, explained the request, fiscal impact, and action options. The ensuing discussion touched on where the Salina Journal is currently published, the pricing differences between the Journal and Salina311, the growing familiarity among the Page 3 4 Commissioners on using the website to view legal notices, and the overall preference of keeping the alternative newspaper option local, with only Commissioner Ryan voicing dissent. 23-0400 Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to approve Resolution W No. 23-8180 and designating Salina311 as the location for notice publication for notices not required to be published in the Official City Newspaper. Aye: (4). Nay: (1-Ryan). Motion carried. DEVELOPMENT BUSINESS 79 (7.1) Consider the application submitted by Salina Destination Development, LLC and approve Ordinance No. 23-11189 annexing a 41.92 acre tract of land located on the west side of Virginia Drive south of West Magnolia Road. Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and action options. 23-0401 Moved by Commissioner Lenkiewicz, seconded by Commissioner Longbine, to approve Ordinance No. 23-11189 annexing this 41.92 acre tract into the City. A roll call vote was taken. Aye: (5). Nay: (0). Motion carried. (7.2) Approve Resolution No. 23-8177 describing the corporate limits of the City of Salina for 2023. Dan Stack, City Engineer, explained the request, fiscal impact, and action options. City Surveyor John Harvey was recognized for his work in preparing the resolution, while City Attorney Greg Bengtson shared an anecdote about how corporate limits used to be ordinances that needed publication, which used to be very expensive, until an amendment initiated by the City revised the statutes requiring this format for the limits—a similar cost saving measure to using the City's website for publications now. Commissioner Longbine also asked Mr. Stack to elaborate on why the City's boundaries can't just be made into one big, even square, to which he and City Manager Mike Schrage shared the difficulties associated with annexing privately owned land that would make that possible. 23-0402 Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to approve Resolution No. 23-8177. Aye: (5). Nay: (0). Motion carried. (7.3) Approve Ordinance No. 23-11191 amending Section 36-74 (a)(3)b of the Subdivision Regulations to allow the City Commission to determine whether public sidewalks must be installed or may be deferred through approval of a development agreement in cases where an existing abutting street meets the interim street standard except for the existence of a public sidewalk abutting the proposed subdivision. Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and action options. Page 4 Commissioner Davis expressed concerns that allowing developers to delay sidewalks, especially for residential development, would end up costing the City more in the long run while being a net negative for citizens desiring alternative methods of conveyance other than vehicles. The conversation among the Commissioners touched on the desire to further amend the language to exclude residential development from the possibility of deferral in W these particular types of development agreements. Mark Augustine, Salina, Kansas, hoped that his development agreement could be amended if this ordinance does pass with the possible amendments as his development is commercial, and any sidewalk built at the time of development would not connect anywhere yet. Jeff Maes, ComPro Realty, also supported more flexibility in assessing sidewalks on a case- by-case basis, reiterating that no one has problems with sidewalks; rather, the problem is with sidewalks that go nowhere but are constructed because of development requirements. City Attorney Greg Bengtson asked for a small break in order to confer with City Manager Mike Schrage about language needed for the desired amendment to the text presented. Mayor Hoppock requested a five minute break at 5:45 p.m., with the meeting resuming at 5:50 p.m. The meeting reconvened with language drafted by Mr. Bengtson that the new text amendment be prefaced by text referring specifically to nonresidential developments. 23-0403 Moved by Commissioner Davis, seconded by Commissioner Longbine, to approve Ordinance No. 23-11191 with the amended language stated by the City Attorney to Section 36-74 (a)(3)(b)iii prefacing the text presented with "in the case of a nonresidential subdivision or a nonresidential component of a mixed-use subdivision..." A roll call vote was taken. Aye: (5). Nay: (0). Motion carried. (7.4) Accept offered street right-of-way and easement dedications from South Ohio Land, LLC to serve a proposed replat of Lot 5, Block 5 and Lots 1 and 2, Block 6 of the Corrected Plat of Liberty Addition No. 2, to create five (5) platted building lots on a 61.9 acre tract of land located on the west side of South Ohio Street south of Schilling Road (to be platted and known as Liberty Addition No. 3). Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and action options. A short discussion followed on the new curb cuts and access. 23-0404 Moved by Commissioner Lenkiewicz, seconded by Commissioner Davis, to concur with the recommendation of the Planning Commission and accept the offered street right-of-way and utility easement dedications, to approve the vacation of the existing McIntosh Street and a portion of Progress Drive and the break in access on Ohio Street and to authorize the Mayor to sign the plat on behalf of the City. Aye: (5).Nay: (0). Motion carried. (7.5) Authorize the Mayor to execute a Transferee Agreement with The Hive Salon and Spa, LLC and Salina2020, Inc. Page 5 Mike Schrage, City Manager, explained the request, fiscal impact, and action options. The applicants shared comments on the rehabilitation of the building, their charitable work downtown, and their goals for the future. 23-0'95 Moved by Commissioner Davis, seconded by Commissioner Ryan, to authorize the Mayor to execute the attached Transferee Agreement with The Hive as proposed. Aye: (5). Nay: (0). Motion c carried. N (7.6) Authorize the Mayor to execute a Transferee Agreement with 125 North Santa Fe, LLC and Salina2020, Inc. Mike Schrage, City Manager, explained the request, fiscal impact, and action options. The applicants detailed their search for the perfect building and the work they've done to make it into the shop it is today. 23-0406 Moved by Commissioner Longbine, seconded by Commissioner Davis, to authorize the Mayor to execute the attached Transferee Agreement with Flippin' Fabulous as proposed. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Commissioner Longbine highlighted a story in the Salina Post on his former classmate, Cathy Rider, who is a chemist at the Salina Wastewater Treatment Plant. Commissioner Davis asked for an update on the Greyhound bus stop. Assistant City Manager Shawn Henessee said discussions are happening and a possible new location is in sight. CITIZENS FORUM Norman Mannel, Salina, Kansas, brought forward his concerns on water scarcity and rights. He wondered about the history at Founders Park,the property being transferred to SCTA. ADJOURNMENT 23-0406 Moved by Commissioner Davis, 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 6:52 p.m. [SEAL] Michael L. Ho'pock, Mayor ATT T: Nikki Goding, City Clerk / Page 6