Sep 18, 2023

Board appointments, district improvement fees on Salina City Commission agenda

Posted Sep 18, 2023 1:07 PM
Salina City-County Building wide view cropped.jpg
Salina City-County Building wide view cropped.jpg

By SALINA POST

Study Sessions and City Commission meetings will take place in–person at the City/County Building in Room 107 and via Zoom until further notice. 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 Salina’s website at www.salina-ks.gov and using the “Email City Commission” icon on the home page. 

In order for the commissioners to have an opportunity to review comments in advance of the meeting, please email your comments or questions by 5 p.m. the Sunday prior to the Monday meetings. 

To see the meeting packet for the study session, click here. 

Regular meeting

The commission's regular meeting is scheduled to begin at 4 p.m. 

Items on the Salina City Commission agenda for Monday include the following.

● Resolution No. 23-8149 A resolution appointing members to citizen boards, commissions and committees.

BACKGROUND:
Resolution Number 17-7469 adopts the citizens' boards and commission policy. Ordinance Number 23-11046 establishes the Law Enforcement Citizen Review Board (LECRB), with Section 30-83 outlining that the LECRB includes one member from the Human Relations Commission and one current member of the Salina Police Department who ranks as either an officer or sergeant.

Brenda Mai was nominated by the Human Relations Commission at their meeting on August 8, 2023.

Aaron Melby submitted an Expression of Interest to be reappointed as the Salina Police Department member after the cut-off date of July 31, 2023, to make it onto the annual appointments on August 21, 2023. Section 2 of the resolution outlines procedures for appointments both annually and as needed.

The Clerk's Office solicits volunteers for appointment quarterly. Vacancies occurring at the normal expiration date of a term will be filled by considering those individuals who have Expression of Interest Forms on file The City Clerk distributed copies of all completed EOls for any and all boards to the governing body so that they could offer written suggestions to the Mayor for appointments.

● Consider authorizing the City Manager to execute a vault closure agreement for an underground sidewalk vault located at 401 W Iron Avenue. Authorizing the City Manager to execute an addendum to the City of Salina project number 22009 Storm Sewer Repair construction contract with Smoky Hill, LLC.

BACKGROUND:
On May 8, 2023, the City Commission authorized the Mayor to sign Resolution 23-8131 for approval of a vault closure agreement for an underground sidewalk vault located at 401 W Iron Avenue; and Authorized the City Manager to sign an addendum to the City of Salina project number 22009 Storm Sewer Repair construction contract with Smoky Hill, LLC; and Approved an additional $30,547.62 (20% construction contingency for City of Salina project number 22009, Storm Sewer Repair.

Since that time the property owner, St. Joseph Annex, Inc., through its legal counsel, requested revisions to both the addendum to the construction contract between the City and Smoky Hill, LLC, and the vault closure agreement between the City and St. Joseph Annex, Inc. The revised addendum to the construction contract between the City and the contractor, a redline copy of which is attached, now extends to the property owner all representations and warranties granted to the City in its contract with the contractor concerning the work at 401 W Iron.

The revision does not alter the City's rights and responsibilities under the contract. The contractor has approved the addendum. The revised vault closure agreement between the City and the property owner expressly requires the City to engage a licensed professional engineer to sign and seal a design to fill in/close the vault and minimize the potential for future water leakage, which is a best practice that staff planned on doing regardless.

Essentially, the City will not be doing anything differently than it would have in the administration of the contract but will be acting for the City and the property owner when ensuring the work is performed in accordance with the terms of the construction contract and the licensed professional engineer's design.

The previous agreement was to be signed by the Mayor, as were similar agreements for the Downtown Streetscape project where the vault closure process began. Consistent with more recent practice, staff requests that the City Manager be authorized to sign the revised vault closure agreement.

● Second reading of Ordinance No. 23-11164, amending section 38-42 of the Salina Municipal Code pertaining to parking on private property without permission and repealing existing section 38-42

BACKGROUND:
Ordinance No. 23-11164 was passed on the first reading on September 11, 2023. Since that time no comments have been received.

FISCAL NOTE:
There would be no fiscal impact on the City of Salina if this ordinance is approved.

City staff has identified the following options for the City Commission's consideration: 

Approve Ordinance No. 23-11164 on the second reading. Approve Ordinance No. 23-11164 on second reading with amendments as the City Commission deems appropriate. 

Postpone consideration of Ordinance No. 22-11164 on second reading to a specified date and time and provide staff direction regarding additional information or amendments the City Commission would like to request for their further consideration.

Vote to deny Ordinance No. 23-11164 on second reading. If this option is chosen, private tows requiring an inspection by the Kansas Highway Patrol could not be conducted and processed. Additionally, private tows would continue to not be processed by the titling agency per the request of the Kansas Highway Patrol.

● Ordinance No. 23-11169 Second reading of Ordinance No. 23-11169, levying Salina Business Improvement District No. 1 service fees for 2024.

BACKGROUND:
Ordinance No. 23-11169 was passed on the first reading on September 11, 2023. Since that time no comments have been received.

FISCAL NOTE:
The 30.0% increase in BID fees was discussed during study sessions held on May 22, 2023, for the 2024 budget. The updated rates in Ordinance No. 23-11169 will be included in the 2024 Comprehensive Fee Schedule

City Staff has identified the following options for the City Commission's consideration:

Approve Ordinance No. 23-11169 on second reading levying Salina Business Improvement District No. 1 service fees for 2024. 

Approve Ordinance No. 23-11169 on second reading with amendments as the City Commission deems appropriate. 

Postpone consideration of Ordinance No. 23-11169 on second reading to a specified date and time and provide staff and/or SDI direction regarding additional information or amendments the City Commission would like to request for their further consideration. )

Vote to deny Ordinance No. 23-11169 on second reading resulting in the City not adopting fees for the Business Improvement District for 2024. Staff recommends Option #1. Attachments: Ordinance No. 23-11169

● Consider a construction project authorization for City staff to self-perform improvements and award contractor bids for certain work for the building located at the Salina Tennis Center in the amount of $165, 211.05 with a $9788.95 (6%) construction contingency for a total project authorization not to exceed $175,000 and authorizing the City Manager to manage and authorize the project upon fulfillment of all prerequisites under the purchasing policy.

BACKGROUND:
As previously presented as part of the public/private partnership with Salina Tennis Alliance for the tennis court project at Kenwood Park, the City completed the demolition of the rodeo arena and old municipal pool at City expense. Additionally, a renovation of the former pool facility to address serviceability of bathrooms and access was started. Savings were realized on the demolition work and the bathroom renovations were paused at the request of Salina Tennis Alliance as they pursued options for a more extensive renovation of the entire building.

The original scope of work for the serviceability of the bathrooms included:

-Upgrade existing electric service to meet code

-Replace broken windows Remove rollup doors and replace with entrance door

-Supply & drain services, sinks & fixtures Exterior soffit & trim needs replaced.

-Bathroom exhaust and ventilation system

On February 13, 2023, an item was brought before the governing body regarding naming rights from Salina Tennis Alliance and an agreement related to funding and construction of tennis building renovations The remaining City funds from the tennis project include the cost savings from the demolition of the former swimming pool and rodeo grounds and bathroom serviceability of the former pool facility previously committed to by the City.

● Ordinance No. 23-11173 Consider Ordinance No. 23-11173 granting to Evergy Kansas Central, Inc., an electric franchise, prescribing the terms thereof and relating thereto, and repealing all ordinances or parts of ordinances inconsistent with or in conflict with the terms hereof.

BACKGROUND:
The City of Salina grants "franchises" to utilities and similar businesses that occupy the public right-of-way for business purposes. A franchise is granted by agreement. These agreements outline the rules for the use of the right-of-way and set a fee that is collected by the franchisee and remitted to the Cit The City has approved several electric utility franchise agreements with Every and its predecessors. In 2005, a 15-year agreement was approved.

The current franchise agreement expired on December 31, 2021. Evergy has continued to operate under the 2005 franchise while both parties worked toward an agreement. City staff have been working with Evergy for some time to revise and update the agreement. The new agreement has many similar provisions to the previous agreement, but the language and definitions have been updated to better represent current practices

Below you will find some of the primary components.

- The term of the new agreement is set at 20 years
- Updated and more clearly stated definitions
- Reopener provision if federal or state laws/regulations or other conditions cause substantial changes
- Franchise fee set at 6% of the Gross Receipts collected by Evergy from the distribution of electric energy
      -The 6% rate was set in 2016 and is the same rate that is assessed in the natural gas franchise
- Language granting the use of the right-of-way
- Provision for relocation of facilities for public projects
- Provision requiring repair and restoration in the event that any damage is caused.
- Insurance requirements

FISCAL NOTE
The electric franchise lee is a significant source of income for the City of Salina. The average amount received over the last 5 years was 53.6 million

● Request to authorize City staff preparation of a Special Assessment Engineering Feasibility Report for Phase II of the Wheatland Valley Addition.

BACKGROUND:

In July of 2017, Dan Daley filed applications seeking approval of a zoning change from A-1 (Agricultural) to R-1 (Single-Family Residential) and a preliminary plat of the proposed Wheatland Valley Addition, a proposed 78 lot subdivision of a 31.63-acre tract of land located between the East Crawford Recreation Area and the Magnolia Hills Estates Addition. The Salina City Planning Commission conducted a public hearing on these applications on September 5, 2017, and at the conclusion of the hearing recommended approval of R-1 zoning for this 31.63 acre site and approved a preliminary plat of the Wheatland Valley Addition subdivision.

The Planning Commission's approval of the preliminary plat was made subject to the following conditions. 

1. The developer shall be responsible for all public improvements shown on the preliminary plat and preliminary infrastructure plan drawings, including any improvements to Markley Road determined to be required by the City Commission in a Development Agreement 

2. A final phasing plan indicating the proposed phasing of public improvements shall be submitted with the final plat. 

3. A lot grading/drainage plan for each development phase shall be submitted to, reviewed, and approved by the City Engineer 

4. All utilities in the subdivision shall be placed underground

5. Public sidewalks shall be installed on both sides of all internal public streets, along the Markley Road frontage of the subdivision, and in any pedestrian easements identified and dedicated on the final plat

6. A landscape berm or buffer strip must be provided between Markley Road and the fence line of the eleven (11) lots backing up to Markley Road

7. The City Engineer shall approve preliminary plans and specifications for the internal public streels, water and sanitary sewer line extensions and stormwater collection system needed to serve this subdivision as well as the preliminary design plans for the proposed detention pond prior to Planning Commission consideration of a final plat Needed utility and drainage easements shall be provided on the final plat