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02-26-2024 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS February 26, 2024 4:00 p.m. Mayor Longbine 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 Bill Longbine (presiding), Trent W. Davis, M.D., Mike Hoppock, Jerry Ivey, and Greg Lenkiewicz. 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 February, 2024, as Teen Dating Violence Awareness Month. Jaqueline Garay, DVACK Housing Specialist, read the proclamation and discussed related activities. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (5.1) Approve the minutes of the meeting of February 12, 2024. (5.2) Approve Resolution No. 24-8187 appointing members to citizen boards and commissions. (5.3) Consider awarding the bid for Municipal Solid Waste Landfill Facility Cell 21 Construction to Unruh Excavating, LLC, in the amount of$3,358,788.65 with a 5% construction contingency ($167,939.42), for a total construction project cost of $3,526,728.07 (5.4) Approve Resolution No. 24-8191 authorizing City staff to accept the $999,999 Affordable Housing Program ("AHP") Grant award from the Federal Home Loan Bank of Topeka("FHLBank"); and authorizing the City Manager to execute required memorandums of understanding, award agreements, project contracts, and all related grant documents for timely submittal to FHLBank and/or Equity Bank (the Member who sponsored the City's application) as required throughout this 4-year grant. (5.5) Consider awarding the bid for project number 24008, 2024 Microsurfacing, to Vance Brothers, Inc. of Kansas City, Missouri in the amount of $513,856.72 with a $25,692.84 (5%) construction contingency for a total project authorization not to exceed $539,549.56 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. (5.6) Consider awarding the bid for project number 24006, 2024 Ultrathin Bonded Asphalt Surface (UBAS), to APAC Kansas Shears Division of Salina in the amount of Page 1 $642,427.10 with a $32,121.36 (5%) construction contingency for a total project authorization not to exceed $674,548.46 and authorizing the City Manager to execute a contract with APAC Kansas Shears Division of Salina upon fulfillment of all prerequisites under the bid documents. (5.7) Consider awarding the bid for project number 24003, 2024 Sidewalks, to Inco USA, LLC of Olathe in the amount of $168,932.64 with a $8,446.63 (5%) construction contingency for a total project authorization not to exceed $177,379.27 and To authorizing the City Manager to execute a contract with Inco USA, LLC of Olathe upon fulfillment of all prerequisites under the bid documents. (5.8) Consider awarding the bid for re-surfacing of the flooring and walls of the lap pool at Kenwood Cove Aquatic Park to Mid-America Pool Renovation Inc. for $210,000.00 plus a 5% contingency ($10,500) for a total project authorization of$220,500.00 and authorizing the City Manager to execute a contract with Mid-America Pool Renovation Inc. upon fulfillment of all prerequisites under the bid documents. Richard Humphrey, Salina, Kansas, encouraged mindfulness of elders when using grant funds. 24-0026 Moved by Commissioner Hoppock, seconded by Commissioner Lenkiewicz, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (6.1) Fire Station No. 4 Design Services (6.1a) Approve Resolution No. 24-8192 amending the project authorization and providing for the design and construction of new Fire Station No. 4 and amending the authorization for the issuance of Temporary Notes and/or General Obligation Bonds of the City to pay the costs thereof. (6.Ib) Authorize the City Manager to execute an agreement with WSKF Architects for Phase 2 Design Services for Fire Station No. 4 in the amount of$629,120. Jacob Wood, Deputy City Manager, explained the request, fiscal impact, and action options. Doug Boe and Matt McCaffrey with WSKF Architects shared a presentation on their analysis and concepts for the fire station. The ensuing discussion centered mainly on the Commissioners' concerns about whether the facility will be large enough to accommodate growth, areas of the building where sizing was scaled back, and the dollar amount of the art component. Brad Anderson, Director of Salina's Arts and Humanities department, highlighted some alternatives for design elements at reduced costs. Rosemary Mai, Salina, Kansas, agreed with the Commissioners' hesitation about the art budget. Ben Windholz, Salina, Kansas, also agreed with the Commissioners about the art component budget, citing the building's proximity to roads with speed limits not conducive to admiring any public art. Page 2 Anne Hoekstra, Salina, Kansas, shared that she loves the public art around Salina and feels pride when she looks at the sculpture at Fire Station No. 1. Crystal Hammerschmidt, Salina Arts and Humanities Coordinator, added that proximity to the Berkley Family Recreational Area contributed to the decision to include an art w component at the new fire station. r. Commissioner Davis felt that public art sets Salina apart from other communities. 24-01)27 Moved by Commissioner Davis, seconded by Commissioner Ivey, to approve Resolution No. 24- 8192. Aye: (5). Nay: (0). Motion carried. 24-0028 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to authorize the City Manager to execute an agreement with WSKF Architects for Phase 2 Design Services for Fire Station No. 4 in the amount of$629,120. Aye: (5). Nay: (0). Motion carried. (6.2) Amend the contracts with Master Tech Truck and Equipment for two 2022 dump truck bids (Unit 105 and Unit 123) to provide additional compensation due to extenuating circumstances. Jim Kowach, Public Works Operations Manager, explained the request, fiscal impact, and action options. Questions arose on the amount being paid for the City's trade-ins and the lifespan of the trucks within the City's fleet. There was also discussion of repair costs and warranties, and Galen Esslinger with Master Tech detailed the warranties on the new vehicles. 24-0029 Moved by Commissioner Lenkiewicz, seconded by Commissioner Hoppock, to amend the contracts with Master Tech Truck and Equipment authorizing revised 2022 bid prices for a total increase of $26,000.00 ($12,000.00 for Unit 105 and $14,000.00 for Unit 123) due to extenuating circumstances beyond the vendor's control. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Consider the acceptance of the offered utility and drainage easement dedications from Salina Destination Development, LLC to serve the proposed Dry Creek Addition, a one (1) lot subdivision of an 11.2 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. 24-0030 Moved by Commissioner Hoppock, seconded by Commissioner Davis, that the City Commission concur with the Planning Commission and accept the offered utility and drainage easement dedications on the plat and authorize the mayor to sign the plat on the City's behalf subject to the Li condition that the utility easement widths be modified to satisfy the requirements of the Director of Utilities prior to recording the plat; and also to authorize the mayor to accept the offsite right-of- way drainage and emergency access easement dedications which are being dedicated in support of this project by separate instrument. Aye: (5). Nay: (0). Motion carried. Page 3 (7.2) Approve Ordinance No. 24-11197, amending Section 42-518 of the University District sign regulations to amend the limitation on the number, size, minimum setback and maximum height of signs, including electronic changeable copy signs, allowed in the University zoning district. Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and action options. 24-031 Moved by Commissioner Hoppock, seconded by Commissioner Lenkiewicz, to approve Ordinance No. 24-11197. A roll call vote was taken. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Mayor Longbine highlighted North Salina Community Development hosting a First Impressions event at the Salina Salvation Army on February 27, 2024 at 6:30 p.m., an informational session to assist with improving entrances to the City from interstates. CITIZENS FORUM Debrah Corrales, Salina, KS, shared information from Overland Park from when they repealed their Breed Specific Legislation. Eric Bloomquist with the Tri-Rivers Fair Committee shared the fiscal losses relating from losing the arena where the fair was previously held and cited rising costs at Tony's Pizza Event Center. Norman Mannel, Salina, Kansas, shared thoughts on license plate placement, Equifest, and whether speed limits are miles per hour or kilometers per hour. Twila Garcia Gonzales, Salina, Kansas, spoke on a house fire that took her son on North 11tH Street, wondering if there had been a station or substation closer to the home if he could have been saved, as fire trucks were delayed by a passing train. She also wondered if there was some way for firefighters to be alerted of incoming trains. Ben Windholz, Salina, Kansas, stressed that losing the Tri-Rivers Fair means losing City dollars, and wondered if tennis courts would make up that difference. Debrah Corrales came to the podium again to share a story of a dog named Flash euthanized for being "unsociable" while displaying photos showing the opposite. She highlighted the family in attendance who owned this particular dog and spoke on his ability to easily escape fences and yards. Amber Gregg, Yosemite, California, explained how her family came to be in Salina and shared stories about Flash. She wondered why she hadn't been contacted to reclaim Flash if he was scheduled to be euthanized. Commissioner Longbine asked for a review of other communities who have repealed Breed Specific Legislation. There was some discussion of the differences in public opinion regarding repeal of BSL, with some Commissioners noting they have heard more from citizens who wish to keep it in place than those requesting its abolishment. The City Page 4 Commission directed City staff to conduct a review to present the Commission with facts in order to make a decision whether or not to move forward with discussion on BSL. EXECUTIVE SESSION (10.1) Request for Executive Session—Real Estate 24-0032 Moved by Commissioner Hoppock, seconded by Commissioner Davis, that the City Commission recess into executive session for 20 minutes following a seven minute break to discuss the potential acquisition of specific real estate, the identification of which would be contrary to the public interest, based upon the need for the preliminary discussion of the acquisition of real property pursuant to K.S.A. 75-4319(b)(6). The open meeting will resume in this room at 6:30 p.m. The meeting adjourned at 6:03 p.m. and reconvened at 6:30 p.m. Also present in the executive session were City Manager Mike Schrage, Deputy City Manager Jacob Wood, Assistant City Manager Shawn Henessee, City Attorney Greg Bengtson, and Public Works Director Jim Teutsch. 24-0033 Moved by Commissioner Hoppock, seconded by Commissioner Lenkiewicz, to authorize the City Manager to execute a real estate purchase agreement to acquire the real estate improvements owned by Caral, LLC located in the block north of Ash Street and west of Third Street generally described as: vacant lot including approximately 70,000 square feet, or 1.61 acres, and separate lot with building improvements including approximately 11,000 square feet, for a total purchase price of $630,000 subject to 1) two existing leases, and 2) seller's right to salvage timbers underneath the metal building at the north end of the property in the event the building is demolished by the City. The closing is contingent upon 1) Caral, LLC's ability to convey a marketable title, and 2) the City's right to complete and approve a Phase I Environmental Assessment of the Property. The City will be responsible for the cost of its title insurance and related closing costs. The City and Caral, LLC will each be responsible for their respective attorneys' fees. Aye: (5). Nay: (0). Motion carried. (10.2) Request for Executive Session—Attorney/Client Privileged 24-0034 Moved by Commissioner Hoppock, seconded by Commissioner Davis, that the City Commission recess into executive session for 35 minutes to discuss the subject of legal considerations relating to the federal district court case of Cozy Inn, Incorporated, d/b/a The Cozy Inn and Stephen Howard vs. City of Salina, Kansas with legal counsel 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 7:10 p.m. The meeting adjourned at 6:35 p.m. and reconvened at 7:10 p.m. Also present in the executive session were City Manager Mike Schrage, Deputy City Manager Jacob Wood, Assistant City Manager Shawn Henessee, City Attorney Greg Bengtson, Risk Manager Nancy Schuessler, Director of Community and Development Services Lauren Driscoll, and Aaron Martin with Clark, Mize, and Linville on the phone. No action was taken. Page 5 LADJOURNMENT 24-0035 Moved by Commissioner Hoppock, 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 7:11 p.m. Z aca."( wfejOift'^-1.--,' Bill Longbine, Mayor N UC O [SEAL] ATTEST: , !Now• ,.,9 ikki Goding, City Clerk I I Page 6