Loading...
03-25-2024 MinutesI CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS March 25,2024 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 April, 2024, as Child Abuse Prevention Month. Paul Forrester, Executive Director of Child Advocacy & Parenting Services, Inc. (CAPS), read the proclamation and discussed related activities. (3.2) Recognition of the week of April 7-13, 2024, as National Library Week. Melanie Hedgespeth and Amy Adams, Director and Assistant Director of the Salina Public Library respectively, read the proclamation and Allison Wacker, Head of Fundraising and Development, discussed related activities. (3.3) Recognition of the month of April, 2024, as Financial Literacy Month. Rodney Denholm, Counselor with Consumer Credit Counseling Service, Inc., read the proclamation and Claire Ludes, Executive Director of the Salina Area United Way, discussed related activities. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (4.1) Public hearing on an appeal of the denial of Conditional Use Permit #CU24-1, filed by Ghallab Hamood on behalf of VIP Smoke Shop. Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and action options. City Attorney Greg Bengtson provided legal background and guidance on the City Commission's role in this agenda item. Commissioner Hoppock asked when would be the most appropriate time to recess into closed session, if the City Commission so chooses. Mr. Bengtson advised that it would be after all the evidence and public comment had been heard. Ghallab Hamood, owner of VIP Smoke Shop, provided the reasons for his appeal of the denial of his application. Mayor Longbine opened the public hearing. Page 1 No public comments were made. A motion was made by Commissioner Hoppock and seconded by Commissioner Lenkiewicz to move into a closed session, but Commissioner Davis asked if there would be more opportunity for discussion upon resumption of the open meeting after the closed session. After some conversation by the City Commission, it was decided an executive session was preferred in order to clear up legal questions on the matter at hand. As a result, Commissioner Hoppock withdrew his motion, and Commissioner Lenkiewicz consented to the withdrawal. 24-0062 Moved by Commissioner Hoppock, seconded by Commissioner Davis, that the City Commission recess into executive session for 20 minutes to discuss with legal counsel the subject of confidential legal considerations relating to the appeal of the denial of Conditional Use Permit #CU24-1, filed by Ghallab Hamood on behalf of VIP Smoke Shop, 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 5:25 p.m. Aye: (4).Nay: (1-Longbine). Motion carried. The meeting adjourned at 5:05 p.m. and reconvened at 5:25 p.m. Also present in the executive session were City Manager Mike Schrage, Deputy City Manager Jacob Wood, Assistant City Manager Shawn Henessee, and City Attorney Greg Bengtson. Upon reconvention of the open meeting, Commissioner Davis shared his feelings on tobacco, but recognized his role is to determine whether or not the Planning Commission handled the denial appropriately regardless of his personal opinion. He noted that the substances are legal, and wondered how a business somewhat isolated from its surrounding properties in an area of town already fairly noisy and busy could affect surrounding property values significantly. He worried about the possibility of appearing discriminatory as well. Commissioner Hoppock stressed that consistency was mentioned, and advised the Planning Commission to look carefully at why this property in a C-5 district was denied when other similar businesses in C-5 districts were approved. Mayor Longbine closed the public hearing. 24-0063 Moved by Commissioner Davis, seconded by Commissioner Ivey, to return this application to the Planning Commission for further consideration, expressing an expectation that the Planning Commission be deliberate in its application of standards for like applicants and that they would need to demonstrate that the denied applicant is sufficiently unique from similar applicants' impact on adjacent property values, welfare, and convenience, noting that the criteria is actually welfare or convenience. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (5.1) Approve the minutes of the meeting of March 11, 2024. (5.2) Approve the minutes of the special meeting of March 18, 2024. (5.3) Approve Resolution No. 24-8195 appointing a member to the Law Enforcement Citizen Review Board. Page 2 I (5.4) Award the bid for Project No. 24020, Cleaning the Downtown Water Treatment Plant South Lime Lagoon to Pumphrey Trucking, LLC in the amount of$3.50 per M cubic yard and an annual payment of$140,000 for the year 2024 and authorize the N City Manager to execute an Agreement with Pumphrey Trucking, LLC upon fulfillment of all prerequisites under the bid documents. W (5.5) Award the bid for the Former Schilling Air Force Base (FSAFB) Site Project No. TFSAFB 24100, Remediation of Plume B Soil Source Area to T&R Construction in the amount of$320,146 with a $32,014 (10%) construction contingency for a total project authorization not to exceed $352,160 and authorize the City Manager to execute an Agreement with T&R Construction upon fulfillment of all prerequisites 'I under the bid documents. (5.6) Authorize the City Manager to enter into an assignment agreement assigning the , rights and obligations conveyed to S&B Motels, Inc. in a Community Improvement District Development Agreement dated September 14, 2015 to Premium Hospitality, LLC. Dale Koch with Crop Service Center in Abilene, Kansas, expressed a desire for the City Commission to consider their bid for lime lagoon cleaning services. Martha Tasker, Director of Utilities, explained why the City has put this project out for bid since 2016 and that they conformed to the bid process. City Manager Mike Schrage highlighted that using a competitive bid process has resulted in lower prices for the City. 24-0064 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (6.1) Consider awarding contracts to Fox Lawn and Landscaping, LLC for right-of-way (ROW)mowing, detention pond mowing, and Centennial Ditch mowing. Jim Kowach, Public Works Operations Manager, explained the request, fiscal impact, and action options. Discussion was had on the previous bid cycle's amounts, the cost differences in having it 1 . done in-house versus bidding the work out, what mowing is specifically done in-house, and the terms of the proposed contracts. 24-0065 Moved by Commissioner Hoppock, seconded by Commissioner Lenkiewicz, to award the contract to Fox Lawn and Landscaping, LLC for right-of-way mowing with an add alternate for weekly mowing for a total of$265,140. Aye: (5). Nay: (0). Motion carried. 24-0066 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to award the contract to Fox Lawn and Landscaping, LLC for detention pond mowing for a total of 15,823.76. Aye: (5). Nay: (0). Motion carried. 24-0067 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to award the contract to Fox Lawn and Landscaping, LLC for Centennial Ditch mowing for a total of$2,861.37. Aye: (5). Nay: (0). Motion carried. Page 3 DEVELOPMENT BUSINESS None. OTHER BUSINESS Z None. w CITIZENS FORUM None. EXECUTIVE SESSION U (10.1) Request for Executive Session—Attorney/Client Privileged 24-0068 Moved by Commissioner Hoppock, seconded by Commissioner Lenkiewicz, that the City Commission recess into executive session for 20 minutes following a 3 minute break to discuss with 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 6:35 p.m. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:12 p.m. and reconvened at 6:35 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 Director of Community and Development Services Lauren Driscoll, and special legal counsel Stephen Sparks via Zoom. No action was taken. ADJOURNMENT 24-0069 Moved by Commissioner Hoppock, seconded by Commissioner Lenkiewicz, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:35 p.m. Eat- Bill Longbine, ayor [SEAL] ATT ST: I' .4014 ,4 Nikki Goding, City Clerk Page 4