By SALINA POST
The Salina City Commission meeting will take place ināperson at the City/County Building in Room 107 on Dec. 18 at 4 p.m. and via Zoom.
Meetings can be viewed at the City of Salina YouTube channel, https://www.youtube.com/cityofSalinaKansas.
To participate via Zoom, citizens will need to use the following link: https://us02web.zoom.us/j/89275984587.
The meeting can also be accessed by phone at 1-346-248-7799. Enter Meeting ID: 892 7598 4587 when prompted.
If citizens wish to speak, either during the public forum or when the mayor requests public comment on an item, citizens attending via Zoom must raise their hand so that the meeting host can allow them to speak. Those who attend the in-person meeting will have the opportunity to speak at the podium.
Citizens can also send written comments or questions to City Commissioners by visiting the City of Salinaās website at www.salina-ks.gov and using the āEmail City Commissionā icon on the home page.
To see the full meeting packet for today, click here.
Awards and Proclamations
Recognition of the Retirement of Fire Inspector Jeff Daily. Tony Sneidar, Jr., Chief of the Salina Fire Department, will read the proclamation.
Public Hearings and Items Scheduled
Public Hearing for 2023 Amended Budget
Consent Agenda
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.
Authorize the City Manager to execute an agreement for the purchase of 6 wastewater pumps from Environmental & Process Systems, Inc. of Lenexa, Kansas.
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 a contract with Meridian Roofing Solutions upon fulfillment of all prerequisites under the bid documents.
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 proiect 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.
Approve Resolution No. 23-8179 amending Resolution No. 18-7559 to extend the 2018- 2023 Neighborhood Revitalization Plan Tax Rebate Program until January 22, 2023. 6.
Administration
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.
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.
Salina Community Theatre Association Expansion- Authorize the Mayor to execute a Special Warranty Deed with Covenants regarding the conveyance of real estate associated with the Salina Community Theatre Association for expansion of the theatre facility into Founders Park. 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.
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. 7
Background on Resolution No. 23-8180
The Kansas statutes have specific requirements that must be met for notices that are published in the Official City Newspaper. The City of Salina currently publishes a wide variety of notices. These notices include legal notices, notices of bond issuance, planning & zoning related notices, budget hearing notices and a host of other notices. KSA 64-101 mandates that each city of the first class is required to designate by resolution a newspaper to be the official city newspaper.
In order to qualify to be an Official City newspaper under KSA 64-101 there are 4 criteria that the newspaper must meet:
ā¦ They must publish at least weekly 50 times a year and must have been publishing for at least one year.
ā¦ The newspaper must be a "periodical class mail matter". Periodical Class Mail is a class of mail consisting of magazines, newspapers or other publications that has the primary purpose of transmitting information. This means the newspaper can mail periodical class mail at a reduced rate.
ā¦ They must have a paid circulation in the county in which it is located and not be a trade, religious or fraternal publication
ā¦ The newspaper must be published in the county in which the city publishing the official publication is located. If there is no newspaper published in the county, the newspaper shall be published in Kansas and have general paid circulation in the county.
The Salina Journal is currently the official city newspaper for the City of Salina. Because KSA 64-101 does not treat cities uniformly, there was the option to "Charter Out" of its provisions.
"Chartering Out" is a process whereby cities may adopt alternate provisions from the requirements of a statutory provision because the statute does not treat them all uniformly and thus violates their home rule authority. KSA 64-101 is not uniform since it explicitly only applies to cities of the first class. Discussions with legal counsel and bond counsel were undertaken during the review of the applicability of appropriate statutes.
On August 14, 2023 the City Commission adopted Charter Ordinance Number 42 that removed these requirements in KSA 64-101 from applying to the designee of the City of Salina Official City Newspaper. The Kansas Attorney General has also recently issued an opinion that cities may Charter out of the provisions of KSA 64-101.
The City of Salina was obligated to wait at least 60 days after the adoption of the Charter Ordinance to see if there was an appeal of the adoption of the Charter Ordinance. There was no appeal and the 60-day] period has passed.
The City of Salina may designate via resolution what it desires to be the Official City Newspaper. This designation of the Official City Newspaper may occur at any time.
The City of Salina went live with a new website on 8-1-2023 and with the adoption of Charter Ordinance 42 it now has the option to designate the city website at https://www.salina-ks.gov/ as the Official City Newspaper.
It is important to note that not all notices may be published solely on the city website. Only notices requiring publishing in the "Official City Newspaper" meet the required notice requirements by adoption of this Resolution. Other notice requirements in the Kansas Statutes require publishing in a "Newspaper of General Circulation" or just requiring "Notice" without any kind of definition of what this "Notice" is.
However, since these statutory notice requirements that are not for the Official City Newspaper notices treat cities uniformly the city of Salina cannot charter out from them.
The City Commission may also designate via this resolution which newspaper they would like to publish notices that are not required to be published in the Official City newspaper. Staff has also undertaken research on the subscription rates for both the Salina Journal and Salina 311. The Salina Journal has 3,900 paid Sunday subscriptions and Salina 311 has 2,722 paid subscribers as of July 31, 2023. The Salina Journal is currently the official newspaper for the City of Salina. The following is the breakdown of costs for notice publication in the Salina Journal.
2021 $53,600
2022 $42,000
2023 $37,258.04 (12-14-23)
It is intended to publish all notices on the City website. However, those notices required to be in a "Newspaper of General Circulation" or just requiring "Notice" by statute will continue to be published in a newspaper to meet statutory requirements and out of an abundance of caution. The reason being that the City of Salina cannot "Charter Out' of all of these additional notice statutory requirements is because these statutory notice requirements do not treat classes of cities differentl
Development Business
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
Approve Resolution No. 23-8177 describing the corporate limits of the City of Salina for 2023.
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.
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).
Authorize the Mayor to execute a Transferee Agreement with The Hive Salon and Spa, LLC and Salina2020, Inc.
Authorize the Mayor to execute a Transferee Agreement with 125 North Santa Fe, LLC and Salina2020, Inc.