03-11-2024 Minutes CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
March 11, 2024
N 4:00 p.m.
Z Mayor Longbine asked the Clerk for verification that notice had been sent for today's City
Commission meeting. The Clerk replied yes.
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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
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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
None.
I! PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
24-0040 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to move item 7.4 of the
agenda (Prairieland Market License Agreement) to follow item 6.4 of the agenda (Prairieland
Market Transferee Agreement) due to their shared subject property. Aye: (5). Nay: (0). Motion
carried.
CONSENT AGENDA
(5.1) Approve the minutes of the meeting of February 26, 2024.
(5.2) Approve the minutes of the special meeting of March 7, 2024.
(5.3) Authorize an additional contingency in the amount of $6,223.95 (5%) to project
number 23037, 2023 New Sidewalk Construction.
(5.4) Award the bid for project number 24009, 2024 Street Markings to Heartland Traffic
Services of Kansas City, Kansas in the amount of$69,406.55 with a $3,470.33 (5%)
construction contingency for a total project authorization not to exceed $72,876.88
and authorize the City Manager to execute a contract with Heartland Traffic Services
of Kansas City, Kansas upon fulfillment of all prerequisites under the bid documents.
(5.5) Award the bid for project number 24007, 2024 Mill and Inlay to APAC Kansas
Shears Division of Salina in the amount of $1,169,022.20 with a $58,451.11 (5%)
construction contingency for a total project authorization not to exceed
$1,227,473.31 and authorize the City Manager to execute a contract with APAC
Kansas Shears Division of Salina upon fulfillment of all prerequisites under the bid
LI documents.
(5.6) Authorize the City Manager to execute an agreement with Iron Insurance Partners
for broker services.
(5.7) Consider approval of amended Development Agreements with:
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(5.7a) the Mark Augustine Trust addressing current and future sidewalk and street
improvements to South 9th Street abutting the Augustine Addition to the City
of Salina, Saline County, Kansas;
(5.7b) the Salina Health Education Foundation addressing future sidewalk and street
improvements to North Ohio Street abutting the ADR Addition to the City of
W Salina, Saline County, Kansas; and
(5.7c) Beck's Superior Hybrids, Inc. addressing current and future improvements to
North Ohio Street abutting the Beck's Addition to the City of Salina, Saline
County, Kansas.
(5.8) Set a hearing date to consider an appeal of the Planning Commission's denial of
Conditional Use Permit Application #CU24-1 filed by Ghallab Hamood on behalf of
VIP Smoke Shop seeking approval to establish and operate an electronic cigarette
establishment (vape shop) and tobacco shop in a C-5 (Service Commercial) zoning
district on property legally described as Lot 1, Block 1 of the Hoffman Addition,
plus adjacent vacated right-of-way, in the City of Salina, Saline County, Kansas and
addressed as 2018 S. 9th Street.
24-0041 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to approve the consent
agenda as presented while setting the hearing date for item 5.8 as March 25, 2024. Aye: (5). Nay:
(0). Motion carried.
ADMINISTRATION
(6.1) Authorize the acceptance of the 2023 People's Choice sculpture, Phoenix Rising by
Jodie Bliss, for placement on public property.
Crystal Hammerschmidt, Art Services Coordinator, explained the request, fiscal impact, and
action options.
A short discussion followed on why Oxbow Park was the intended location for the sculpture.
Ben Windholz, Salina, Kansas, suggested putting the sculpture at the new fire station and
using the saved funds to put back into the fire station itself.
24-0042 Moved by Commissioner Davis, seconded by Commissioner Ivey, to approve the acceptance of the
2023 People's Choice sculpture into the public collection and its placement at Oxbow Park. Aye:
(5). Nay: (0). Motion carried.
(6.2) Authorize the City Manager to execute an agreement with South Ohio Land LLC
regarding the City's participation in the local match under the application to the
Kansas Department of Transportation Economic Development Program for "Project
McIntosh" and approve submission of a grant application to KDOT.
Mitch Robinson, Executive Director of the Salina Community Economic Development
Organization, explained the request, fiscal impact, and action options.
The Commissioners inquired about the timeline of the project and its potential impact on
economic growth.
James Hall with South Ohio Land, LLC added details about the request from their side.
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I24-0043 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to authorize the City
Manager to execute an agreement with South Ohio Land, LLC regarding the City's participation in
the local match under the application to the Kansas Department of Transportation Economic
Development Program for"Project McIntosh."Aye: (5). Nay: (0). Motion carried.
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24-0044 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to approve submission of
the grant application. Aye: (5). Nay: (0). Motion carried.
(6.3) Approve Ordinance No. 24-11198 amending City of Salina Municipal Code
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provisions for the keeping of chickens in City limits.
Shawn Henessee, Assistant City Manager, explained the request, fiscal impact, and action
options.
Commissioner Davis asked about how the 50 foot distance requirement works in a joint
ownership situation, while Mayor Longbine asked which City department will be in charge
of enforcement.
Kevin Hays, Salina, Kansas, was concerned the intended 10 foot setback from the property
line would cause more problems and enforcement difficulties than just leaving the Code as
is.
Mark Labes, Salina, Kansas, via Zoom, felt that changing the Code was unnecessary.
Beck Elliott, Salina, Kansas, said that well-kept chickens are actually very clean and not
smelly. He felt that confining chickens into smaller areas would lead to more hygiene issues.
Susan Glasscock, Salina, Kansas, spoke on her concerns about dust spores from chickens,
noting that many farms don't allow children to clean out chicken coops due to potential
hazards.
Konon Hays, Salina, Kansas, shared his experiences with Animal Control and
Environmental Services visiting his chickens and property and finding no odors. He added
that he even put up a fence to help mitigate dust and feathers from migrating into neighbors'
yards.
Patty Grier, Salina, Kansas, asked what the limit is for how many chickens someone can
have in Salina.
Commissioner Hoppock asked about the results of staffs testing of properties where
chickens are kept, and it was noted no significant levels of hazardous chemicals were found.
L Commissioner Ivey suggested having the 10 foot setback removed from the proposed
ordinance, feeling it placed an undue burden on owners and added stress on staff who have
to enforce it.
24-0045 Moved by Commissioner Davis to approve Ordinance No. 24-11198 as presented. There was no
second. The motion died.
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II24-0046 Moved by Commissioner Hoppock, seconded by Commissioner Ivey, to approve Ordinance No. 24-
11198 excluding the proposed addition of item 4 (the proposed 10 foot setback) from Section 7.31.
N A roll call vote was taken. Aye: (4). Nay: (1-Davis). Motion carried.
w (6.4) Authorize the Mayor to execute a Transferee Agreement with Prairieland Market
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Inc.
Mike Schrage, City Manager, explained the request, fiscal impact, and action options.
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Mayor Longbine asked for the projected completion date. Vicky Spicer, Executive Director
for Prairieland Market, stated occupancy will begin July 2024.
Larry Britegam with Equity Bank shared that this project is a worthwhile addition to the
downtown project as a whole and will fit in well with the anticipated farmer's market to be
held in the summer.
Trace Walker, Secretary and Treasurer of Salina2020, Inc., explained how sales tax is
applied towards downtown revitalization.
24-0047 Moved by Commissioner Hoppock, seconded by Commissioner Lenkiewicz, to authorize the Mayor
to execute the attached Transferee Agreement with Prairieland Market, Inc. as proposed. Aye: (5).
Nay: (0). Motion carried.
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(6.5) Authorize the Mayor to execute a License Agreement with Grassroots Efforts, LLC
to allow the installation of metal canopies that would extend over a public plaza and
the Santa Fe Avenue right-of-way on the rear, south side and front of the Prairieland
Market building at 118 South Santa Fe Avenue.
Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and
action options.
24-0048 Moved by Commissioner Davis, seconded by Commissioner Ivey, to authorize the Mayor to
execute a license agreement with Grassroots Efforts, LLC to allow aluminum canopies to extend
into adjoining Strand Plaza and over a public sidewalk at the front of a building located at 118 Santa
Fe Avenue. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) 1858 Properties, LLC
(7.1a) Authorize the Mayor to execute a license agreement with 1858 Properties,
LLC to allow the construction and maintenance of off-street parking stalls in
the Mulberry Street right-of-way at the southwest corner of South Santa Fe
Avenue and Mulberry Street.
L (7.1b) Approve Ordinance No. 24-11196 changing the zoning district classification
from C-3 (Shopping Center) district and R-3 (Multi-Family Residential)
district to C-4 (Central Business) district. The property that is the subject of
this application is legally described as Lots 170 and 172 on Santa Fe Avenue
and Lot 169 and the North 10 ft. of Lot 171 on Seventh Street, plus abutting
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vacated alley, all in the Original Town (now City) of Salina, Saline County,
111 Kansas.
2 Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and
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action options.
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Jeff Maes with ComPro Realty, on behalf of 1858 Properties, noted the difficulties with
rezoning if the license agreement is not approved, hence the desire to present both items
together to the City Commission.
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Norman Mannel, Salina, Kansas, shared concerns about emergency vehicle access with
increasing congestion in the downtown area.
24-0049 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to authorize the Mayor to
execute a license agreement with 1858 Properties, LLC to allow the construction of parking stalls in
the Mulberry Street right-of-way, with two conditions: 1) the licensee will be responsible for the
removal and replacement of the public sidewalk adjacent to Mulberry Street; and 2) the licensee
will also be responsible for placing parking blocks in stalls adjacent to sidewalk. Aye: (5). Nay: (0).
Motion carried.
24-0050 Moved by Commissioner Hoppock, seconded by Commissioner Lenkiewicz, to concur with the
recommendation of the Planning Commission and approve Ordinance No. 24-11196. A roll call
Lvote was taken. Aye: (5). Nay: (0). Motion carried.
(7.2) Windy Creek Addition
(7.2a) Approve Ordinance No. 24-11199 amending the Future Land Use Map of the
Salina, Kansas Comprehensive Plan to change the future land use designation
of a 55.94 acre tract of land located on the west side of I-135 north of Water
Well Road from Future Employment to Future Commercial area in support of
highway oriented commercial development.
(7.2b) Approve Ordinance No. 24-11200 annexing a 92.81 acre tract of land located
on the west side of 1-135 north of Water Well Road into the City limits.
(7.2c) Consider Application #Z24-1, filed by Southlands Development, LLC,
requesting a change in zoning district classification from Saline County AG
to C-7 (Highway Commercial) to allow development of highway oriented
commercial businesses. The rezoning request area is a 9.47 acre tract of land
located on the west side of 1-135 north of Water Well Road.
Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and
action options.
Gary Hobbie, Salina, Kansas, shared some additional details on Southlands' development
plans.
I24-0051 Moved by Commissioner Lenkiewicz, seconded by Commissioner Davis, to approve Ordinance No.
24-11199. A roll call vote was taken. Aye: (5). Nay: (0). Motion carried.
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I24-0052 Moved by Commissioner Lenkiewicz, seconded by Commissioner Hoppock, to approve Ordinance
No. 24-11200 plus the abutting Water Well Road. A roll call vote was taken. Aye: (5). Nay: (0).
Motion carried.
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Jake Bradley, Southlands Development, explained why they originally pursued C7 zoning.
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24-053 Moved by Commissioner Ivey, seconded by Commissioner Hoppock, to concur with the finding
and recommendations of the Planning Commission and direct the applicant to amend this
application to Planned C-7. Aye: (5). Nay: (0). Motion carried.
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(7.3) Markley Addition
(7.3a) Consider the acceptance of the offered street right-of-way, utility and
drainage easement and restricted access dedications from the City of Salina to
serve the proposed Markley Addition, a two (2) lot subdivision of a 6.13 acre
tract of unplatted land located at the north end of the Berkley Family
Recreation Area to create a platted building lot for a proposed new fire
station facility to be located at the southeast corner of the East Crawford
Street and Markley Road intersection.
(7.3b) Approve Ordinance No. 23-11178 on second reading changing the zoning
district classification from A-1 (Agricultural) to P-(PF) [Public Use — Public
Facilities] to allow construction of a fire station. The rezoning request area is
a 4.57 acre tract of land located at the north end of the Berkley Family
Recreational Area. The proposed building site is located at the southwest
corner of East Crawford Street and Markley Road and is addressed as 2600
E. Crawford Street.
Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and
action options.
Justin Owens, Kaw Valley Engineering, stood for questions as the design engineer for the
project, but there were none.
24-0054 Moved by Commissioner Davis, seconded by Commissioner Lenkiewicz, to authorize and accept
the offered street right-of-way, utility and drainage easement and restricted access dedications on
the plat and to authorize the Mayor to sign the plat on behalf of the City. Aye: (5). Nay: (0). Motion
carried.
24-0055 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to approve Ordinance No.
24-11178 on second reading. A roll call vote was taken. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
None.
L CITIZENS FORUM
Tyler Sartain, Salina, Kansas, shared the petition he has circulated in order to repeal breed
specific legislation and shared the section of the City code highlighting what a dangerous
dog is.
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Debrah Corrales, Salina, Kansas, provided information on BSL in other communities,
training materials, and a story about rehabilitation of the dogs seized from Michael Vick's
dogfighting ring.
Rosemary Mai, Salina, Kansas, shared research she did suggesting that many citizens are
against repealing BSL.
Ben Windholz, Salina, Kansas, shared his opinion on some owners of pit bulls, which was
not positive.
Norman Mannel, Salina, Kansas, spoke on a recent report about PFAS, removal of dams
around the country, and his concerns about droughts.
Ken Reitz, Salina, Kansas, stated Salina is now 50 times bigger than it was upon its
founding, noting increased traffic and more spreading out of the City since he was young.
Mayor Longbine reiterated that City staff is researching Overland Park's statistics since its
repeal of BSL.
Mark Labes, Salina, Kansas, spoke on his concerns of perceived inconsistent application of
the law in various situations as it relates to safety.
EXECUTIVE SESSION
(10.1) Request for Executive Session—Attorney/Client Privileged
24-0056 Moved by Commissioner Hoppock, seconded by Commissioner Lenkiewicz, that the City
Commission recess into executive session for 30 minutes following a 5 minute break to discuss with
special legal counsel the subject of legal considerations relating to the Cozy Inn vs. City of Salina
case 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 7:17 p.m.
The meeting adjourned at 6:47 p.m. and reconvened at 7:17 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, Director of Community and Development Services Lauren Driscoll, and Special
Legal Counselors Amanda Jokerst and Todd Messenger via Zoom.
24-0057 Moved by Commissioner Hoppock, seconded by Commissioner Lenkiewicz, that the City
Commission recess into executive session for an additional 20 minutes to discuss with special legal
counsel the subject of legal considerations relating to the Cozy Inn vs. City of Salina case 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 7:39 p.m.
The meeting adjourned at 7:19 p.m. and reconvened at 7:39 p.m.
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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, Director of Community and Development Services Lauren Driscoll, and Special
Legal Counselors Amanda Jokerst and Todd Messenger via Zoom.
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ADJOURNMENT
24458 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 7:41 p.m.
Aei
Bill Longbine, ayor
[SEAL]
ATTEST:
1/41
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Nikki Goding, City Clerk
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