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04-08-2024 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 8, 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 Sexual Assault Awareness Month. Angie White, DVACK Sexual Assault Advocate, read the proclamation and discussed related activities. (3.2) Recognition of the month of April, 2024, as National Parkinson's Awareness Month. Lynsey Webb, Community Liaison with Accessible Home Care, read the proclamation, joined by Nikki Welch, Hospice Care Coordinator; Kallie Burgardt, Salina Ortho Practice Administrator; and Amanda Randolph, Presbyterian Manor of Salina Sales Director; and discussed related activities. (3.3) Recognition of the week of April 15-19, 2024, as National Work Zone Awareness Week. Melissa Fowler, City of Salina Engineering Administrator, read the proclamation and discussed related activities. (3.4) Recognition of the month of April, 2024, as Fair Housing Month. Brenda Mai, Vice Chair of the Human Relations Commission, 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 March 25, 2024. (5.2) Approve Resolution No. 24-8196, authorizing and providing for the construction of Landfill Cell 21 and authorizing the issuance of Temporary Notes and/or General Obligation Bonds of the City to pay the costs thereof (5.3) Authorize the Salina Fire Department to purchase 6 thermal imaging fire cameras from Weis Fire in the amount of$53,088.00. (5.4) Award the bid for Right-of-Way (ROW1) Spraying Services to Fox Lawn and Landscaping, LLC for the spraying of broadleaf weeds in specified Rights-of-Way and authorize the City Manager to execute a contract with Fox Lawn and Landscaping, LLC upon fulfillment of all prerequisites under the bid documents. Page 1 (5.5) Award the bid for Mowing and Trimming services for Utilities Locations for the 2024-2026 Growing Seasons to Fox Lawn and Landscaping, LLC with an annual payment of$88,035 for the year 2024 and authorize the City Manager to execute an Agreement with Fox Lawn and Landscaping, LLC upon fulfillment of all prerequisites under the bid documents. (5.6) Approve Resolution No. 24-8197, a Resolution of Support for Building Kansas, LLC with Aero Plains Housing Development to submit a Kansas Housing Investor Tax Credit (KHITC) Application. Mayor Longbine asked if the City considered pre-emergent herbicide versus spraying after the fact. Parks and Recreation Director Jeff Hammond highlighted that the spring spray in the contract is pre-emergent, and the fall spray is post-emergent. Mayor Longbine also asked about progress in the Aero Plains development. Gary Hobbie with Building Kansas, LLC provided a status update. 24-0070 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (6.1) Certify final costs for 2023 Special Assessment Projects (Lakeview Estates No. 2, Magnolia Hills Estates No. 2 Phase II, and Wheatland Valley Addition) and set April 22, 2024, as date of public hearing. Commissioner Hoppock recused himself from this item due to a conflict of interest. Jim Teutsch, Director of Public Works and Engineering, explained the request, fiscal impact, and action options. 24-0071 Moved by Commissioner Lenkiewicz, seconded by Commissioner Davis, to accept the statements of final cost and set April 22, 2024 as the Special Assessment hearing date to consider authorization of special assessment financing and authorize the term of twenty years for the installment payment period. Aye: (4). Nay: (0). Motion carried. Commissioner Hoppock rejoined the meeting. (6.2) Authorize the City Manager to execute an agreement with the Union Pacific Railroad Company (UPRR) to replace 520' of the timber railroad crossing in the middle of Fourth Street north of Walnut Street with concrete at a total cost of$784,892.00 and a City cost share of$510,180.00. Jim Teutsch, Director of Public Works and Engineering, explained the request, fiscal impact, and action options. Commissioner Ivey asked about the condition of the remainder of the Fourth Street railroad tracks. Commissioner Davis asked about possible rerouting of the rail line, and City Manager Mike Schrage noted that this option would be cost prohibitive. Page 2 Mayor Longbine asked about profitability for the railroad for this line, and wondered if abandonment of the line was negotiable. 24-0072 Moved by Commissioner Hoppock, seconded by Commissioner Lenkiewicz, to authorize the City Z Manager to execute an agreement with the Union Pacific Railroad Company (UPRR) to replace W with concrete 520' of the timber railroad crossing in the middle of Fourth Street north of Walnut Street at a total cost of $784,892.00 and a City cost share of $510,180.00. Aye: (5). Nay: (0). co Motion carried. 1-0 Dp N 8 DEVELOPMENT BUSINESS (7.1) Approve Ordinance No. 24-11201 amending Chapter 35, Article XII, Section 35-267 of the Salina Municipal Code to transfer renewal authority for Sidewalk Dining License Agreements approved in the downtown area from the Salina Business Improvement District No. 1 Design Review Board to the Zoning Administrator. Dean Andrew, Planning and Zoning Administrator, explained the request, fiscal impact, and action options. 24-0073 Moved by Commissioner Davis, seconded by Commissioner Ivey, to approve Ordinance No. 24- 11201. A roll call vote was taken. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Commissioner Hoppock asked about an item on the agenda for the next meeting regarding discussion of proclamations. Mr. Schrage noted that the intention will be to provide background, considerations, peer community actions, and actions for the City Commission's consideration. Commissioner Lenkiewicz asked about updates on the Salina Fire Department baby box program. CITIZENS FORUM Rosemary Mai, Salina, Kansas, noted that the Granny Brigade would be hosting an informational session about property taxes with Saline County Appraiser Sean Robertson at 7:00 p.m. on April 16, 2024, at the Carver Center. I Starla Willenberg, Salina, Kansas, asked about contracts between landlords and various housing entities while speaking about a gas leak she experienced at her home. She also noted that radon and asbestos levels are unacceptable at her rental home, causing health issues for her children. She expressed frustration with inaction regarding the issues with her home. Mr. Schrage noted that she can reach out to the State of Kansas Department of Housing and Urban Development with issues when a local conflict of interest exists. Norman Mannel, Salina, Kansas, spoke on accountability of law enforcement. He also asked about whether a new deputy chief of police will be hired, why the enforcement of horse diapers was not done at the recent EquiFest, GMO seed concerns, and dog behavior. A citizen had raised a hand on Zoom to participate virtually but connection was lost before they could speak. Page 3 Mr. Schrage asked to reverse to order of the executive sessions due to outside participation in the Cozy Inn item. The City Commission agreed to do so. EXECUTIVE SESSION (10.2) Request for Executive Session—Attorney/Client Privileged z 24-0674 Moved by Commissioner Hoppock, seconded by Commissioner Davis, that the City Commission recess into executive session for 30 minutes following a 3 minute break to discuss with special legal 1-6 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 5:40 p.m. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:08 p.m. and reconvened at 5:40 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 Counselors Amanda Jokerst and Todd Messenger via Zoom. No action was taken. (10.1) Request for Executive Session—Attorney/Client Privileged 24-0075 Moved by Commissioner Hoppock, seconded by Commissioner Davis, that the City Commission recess into executive session for 45 minutes to discuss with legal counsel the subject of confidential legal considerations relating to points of negotiation with Salina Destination Development, LLC, regarding Phase II of 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 6:37 p.m. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:42 p.m. and reconvened at 5:43 p.m. due to an error in the stated time for the open meeting to resume. The City Commission needed to restate the motion in order to reflect the correct time of reconvention. Also intended to be 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. 24-0076 Moved by Commissioner Hoppock, seconded by Commissioner Davis, that the City Commission recess into executive session for 45 minutes to discuss with legal counsel the subject of confidential legal considerations relating to points of negotiation with Salina Destination Development, LLC, regarding Phase II of 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 6:30 p.m. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:45 p.m. and reconvened at 6:30 p.m. Page 4 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. w No action was taken. ADJOURNMENT 24-0077 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 6:32 p.m. GF/3a: Bill Longbine, ayor [SEAL] ATT ST. it@Nikki Goding, City Clerk Page 5