01-27-2014 MinutesCITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
January 27, 2014
4:00 p.m.
tO
w e City Commission convened at 2:00 p.m. in a Study Session on the Smoky Hill River Assurance
District Orientation. The Regular Meeting of the Board of Commissioners was called to order at
N
4:00 p.m. in Room 107, City -County Building. A roll call was taken followed by the Pledge of
oAllegiance and a moment of silence.
Those present and comprising a quorum: Mayor Barbara V. Shirley (presiding), Commissioners
Jon R. Blanchard, Kaye J. Crawford, Randall R. Hardy, and Aaron Householter
Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager, Greg
Bengtson, City Attorney; and Shandi Wicks, Interim City Clerk
AND PROCLAMATIONS
Sheryl Musfelt, 1035 Merrily Circle, would like to know how the City can say the fluoride is
natural when we purchase twelve chemicals. Announced that the petition is ready and will
be collecting signatures beginning February 1, 2014. Also provided information on the
affects of fluoride on other types of citizens than Caucasian and asked the Commission to
be mindful of the citizens' needs and giving them their attention. Commissioner
Householter responded.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing and report on Petition No. 4362 (filed by Dan Stack, City Engineer)
requesting the vacation of that portion of West Grand Avenue right-of-way that
abuts the north line of Lot 2, Block 3 of the North Park Addition as well as the
necessary utility easements as legally described.
1 (5.1a) First reading Ordinance No. 14-10729.
Michael Schrage, Deputy City Manager, announced that an objection to the ordinance has
been filed by Mr. Joseph & Jeff Minneman and he will refer to Greg Bengtson, City
Attorney, on the inability to hold a hearing due to the objection filed.
Joseph Minneman looked at the petition and stated that the City does not have a right to
file the petition and does not own the street.
Mr. Minneman responded to Greg Bengtson, Citv Attorney's question pertaining to Mr.
Minneman's objective.
Mr. Bengtson explained the state statute, explained the original project, petition filed and
the intent of the original request.
Page 1
(3.1) The month of January 2014 as "Stalking Awareness Month" in the city of Salina.
Linda Anderson, Economic Advocate read the proclamation and announced upcoming
events.
(3.2) Presentation of the Buford M. Watson, Jr. Award of Excellence in Public
Management to City Manager Jason Gage by the Kansas Association of City/County
Management (KACM).
Diane Stotard, Vice President of Kansas Association of City/County Management (KACM)
and Assistant City Manager, City of Lawrence, provided information on the Buford M.
Watson, Jr. Award and Mr. Gage's work ethic and commitment to the association. Dennis
Hays, County Administration of the Unified Government of Wyandotte County, Kansas
City, Kansas provided information on how the award was started and who Buford M.
Watson, Jr. was. Mr. Hays also presented Jason Gage the award. Jason Gage, City Manager
spoke a few words of appreciation.
i\
(3.3) Presentation of the Silver "Excellence in Concrete Pavements' Award to the City of
Salina, Pavers, Inc. and Wilson & Company by the American Concrete Pavement Association
for the category of "overlays" at the Ohio & Crawford Intersection Improvements project.
Todd LaTorella, Executive Director of the Missouri/Kansas Chapter of the American
Concrete Pavement Association, presented the award to Wayne Nelson on behalf of the City
of Salina and to L. Tyler Glissman, Wilson & Company, and Neal Saskowski, Pavers, Inc.
CITIZEN FORUM
Sheryl Musfelt, 1035 Merrily Circle, would like to know how the City can say the fluoride is
natural when we purchase twelve chemicals. Announced that the petition is ready and will
be collecting signatures beginning February 1, 2014. Also provided information on the
affects of fluoride on other types of citizens than Caucasian and asked the Commission to
be mindful of the citizens' needs and giving them their attention. Commissioner
Householter responded.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing and report on Petition No. 4362 (filed by Dan Stack, City Engineer)
requesting the vacation of that portion of West Grand Avenue right-of-way that
abuts the north line of Lot 2, Block 3 of the North Park Addition as well as the
necessary utility easements as legally described.
1 (5.1a) First reading Ordinance No. 14-10729.
Michael Schrage, Deputy City Manager, announced that an objection to the ordinance has
been filed by Mr. Joseph & Jeff Minneman and he will refer to Greg Bengtson, City
Attorney, on the inability to hold a hearing due to the objection filed.
Joseph Minneman looked at the petition and stated that the City does not have a right to
file the petition and does not own the street.
Mr. Minneman responded to Greg Bengtson, Citv Attorney's question pertaining to Mr.
Minneman's objective.
Mr. Bengtson explained the state statute, explained the original project, petition filed and
the intent of the original request.
Page 1
Mr. Schrage responded to Commissioner Householtei s question pertaining to the
agreement met between the City and Mr. Minneman.
Mr. Minneman responded that he wants the property for the economic value of the
property, he has been maintaining the property for vears, he knows that the city' has two
z options, condemn it or come into agreement.
a
w
Mr. Bengtson responded to Commissioner Householter's question pertaining to the next
y step in the process stating we had jurisdiction when the original petition was filed by Mr.
cMinneman, when the petition was filed by city staff and still do today.
g Mr. Bengtson & Mr. Schrage responded to Commissioner Blanchard's question pertaining
to the original petition filed by Mr. Minneman in 2012 and pertaining to due process being
followed in 2012.
Mr. Schrage responded to Commissioner Blanchard's question if Mr. Minneman has read
the agenda item. Mr. Minneman responded to Commissioner Blanchard's question
regarding the ordinance and Mr. Minneman's intention. Mr. Schrage and Mr. Bengtson also
responded.
Commissioner Householter would like to take the heat off of city staff and reiterate the
standing of the commission in 2012 and that they have no desire to give up this property
anyway and that we had potential future landscaping plans for that property and asked if
that did not render the city's position. Mr. Schrage responded.
Mr. Minneman, Mr. Bengtson and Commisioner Blanchard discussed the ownership of the
street and right-of-way, Mr. Mumemari s right to access and the vacation process. Mr.
Bengtson noted there is the capability to access Grand if Mr. Minneman Would like to
construct a private driveway.
Mr. Minneman stated that the city changed the plat and changed his full access to Grand
Avenue and if the city does not want to use the abandoned property it reverts back to the
property owner. Commissioner Householter, Mr. Schrage and Mr. Bengtson responded.
Mr. Bengtson also provided a distinction on street improvements and the right-of-way and
the use of those.
Mr. Bengtson responded to Mr. Minneman's question pertaining to the street being a
county road and information pertaining to the Frick legal case that resembles this exact
case. Mr. Bengtson also responded to Mr. Minneman's question pertaining to the filing of
the petition.
Commissioner Blanchard moved that the commission will not be able to respond to this
item and the item is not ready to go in front of the Commission. Commission conversation
ensued about the possibility of this item ever coming back to the Commission again. Mr.'
Gage responded.
Commissioner Hardy wanted to know if this would be best handled in court. Mr. Gage
responded.
Mr. Gage responded to Commissioner Craw'ford's question pertaining to utilities in the
easement.
Mr. Gage responded to Commissioner Householtei s question if it was similar to the Ohio
overpass process and the use of City Manager discretionary funds to plants trees and install
a sign this matter would be done. Mr. Minneman also responded.
Mr. Minneman stated that the city took his legal interest and Commissioner Blanchard
responded.
1 Commissioner Blanchard stated that the property owners were provided public notice and
city staff should not have to come out and talk to the owners. Mr. Minneman stated that
the city has control and does not have ownership of anything in the middle of that street or
on the plat.
Commissioner Blanchard asked if we could move on. Mayor Shirlev asked when she could
move on to public comment because this is getting very repetitive.
Mr. Minneman noted he filed an objection and nothing can happen until he has approved
the ordinance.
Mr. Bengtson stated there are two things going on, the vacation of the right-of-way and the
access question. Mr. Minneman responded.
Mr. Minneman stated that since the property reverts back to him, he can do anything with
Page 2
Commissioner Hardy applauded Chief Larry Mullikin on the purchase of used vehicles
and the thoughtful use of city funds.
(6.6) Resolution No. 14-7077 amending the City of Salina's Shared Vision Statement and
Strategic Plan.
Jason Gage, City Manager, outlined the changes that have been made, both added and
deleted.
Page 3
it he wants. Mr. Bengtson responded.
Conversation ensued among Commission Blanchard, Mr. Bengtson and Mr. Minneman.
Commissioner Householter and Commissioner Hardy asked what needed to be done in
-
order to move on with this matter. Mr. Bengtson responded.
z
w
Mr. Minneman asked what the city's proposal was on the matter and noted that he filed an
objection. Mr. Bengtson responded.
-
Mr. Gage responded that there are a couple options: Mr. Minneman can file a formal
petition, the City can file a formal petition or the item can go to court.
U
Commissioner Householter asked if a formal motion needed to be provided by the
comrnission. Mr. Bengtson and Mr. Gage responded.
Mr. Bengtson asked if the Commission could provide direction for staff on the
Commission's feelings on the matter. Mr. Gage also responded.
Mr. Bengtson responded to Mr. Minneman's statement that the property reverts back to
him from Grand Avenue and the middle of Thirteenth Street where it intersects, and
anything other than that, I cannot do anything With it.
Mayor Shirley closed the public hearing.
Commissioner Householter stated that an effort has been made and city staff has spent
ample time on this item and it is time to move on. Mr. Gage concurred and provided
additional information. Commissioner Hardv and Commissioner Blanchard concurred.
Mayor Shirley referred to Mr. Bengtson to provide the information on the needed action.
Mr. Bengtson responded.
Mavor Shirley acknowledged the object of the proposed Ordinance No. 14-10729 and the
matter dies. Mr. Bengtson stated the legal effect of the filing of the object is addressed in
KSA 12-505. Mr. Bengtson read KSA 12-505 and noted that any' further proceeding would
be entirely academic because the commission cannot grant the relief sought by the
petitioner. Mayor Shirley added that we cannot grant the relief sought by the petitioner.
CONSENT AGENDA
(6.1) Approve the minutes of January 13, 2014.
(6.2) Resolution No. 14-7075 authorizing Treasury Management Services at Sunflower
Bank.
(6.3) Authorize the purchase of one (1) fairway reel mower and the execution of a lease -
purchase agreement with Kansas State Bank Manhattan.
(6.4) Resolution No. 14-7076 authorizing the Mayor to sign an agreement with Kansas
Department of Transportation (KDOT) for Safe Routes to School funding for a trail
at Lakewood Middle School.
(6S) Resolution No. 14-7074 authorizing the Mayor to submit an application to the
Kansas Department of Transportation for Transportation Alternatives program
funds
(6.6) Resolution No. 14-7077 amending the City of Salina's Shared Vision Statement and
Strategic Plan.
(6.7) Authorize the City Manager to approve the direct purchase of two used passenger
vans for the Fire Department.
Commissioner Blanchard would like Item No. 6.6 moved to the regular agenda.
14-0030
Moved by Commissioner Blanchard, seconded by Commissioner Householter, to approve the
consent agenda except Item No. 6.6. Aye: (5). Nay: (0). Motion carried.
Commissioner Hardy applauded Chief Larry Mullikin on the purchase of used vehicles
and the thoughtful use of city funds.
(6.6) Resolution No. 14-7077 amending the City of Salina's Shared Vision Statement and
Strategic Plan.
Jason Gage, City Manager, outlined the changes that have been made, both added and
deleted.
Page 3
Commissioner Blanchard explained why he wanted the item moved from the consent
agenda and specifically called out the goal "The Cit' will work to make Salina a city that
has connectivity physically and socially." He noted the Open Citizen meetings and wanted
the citizens to know that the Commission did see the information that came out of those
meetings and thinks that the use of social media will help engage citizens more than in the
W past. Commissioner Blanchard stated that citizens, especially those that attended the
meetings and those that did not, will now have a more efficient and direct way to engage
and offer suggestions and comments of other things that need to be done.
14-0011 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to adopt Resolution
No. 14-7077 with the addition of the word remediation to the end of the following action item -
Complete the feasibility study/remedial investigation of the groundwater contamination
associated with the former Schilling Air Force base and finalize efforts with the U.S. Department of
ustice to negotiate full and complete remediation. Aye: (5). Nay: (0). Motion carried.
(7.1) Second reading Ordinance No. 14-10726 vacating a 10 foot public utility easement
located on Lot 8, Block 4 in the Replat of Schippel Addition Blocks 4 and 5, and part
of 3 and the 1iTest 10 feet of a 32 foot public utihh, easement located on Lot 5, Block
1 of the King Addition which do not contain any public franchise utilities.
Mayor Shirley noted that Ordinance No. 14-10726 was passed on first reading on January 6,
2014 and since that time no comments have been received.
14-0032 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to adopt Ordinance
No. 14-10726 on second reading. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Hardy,
Householter, Shirley. Nay: (0). Motion carried.
(7.2) Authorize the addition of three (3) police cruisers to the Vehicles & Equipment Plan
for 2014.
Rod Franz, Director of Finance and Administration, explained the request, life expectancy
of police vehicles, repair and maintenance costs and recommended action.
Jason Gage, City Manager, noted that staff was surprised that we had that high of a number
of vehicles in the fleet with high mileage and noted that credit needs to go to the Police
Department in trying to save money.
Chief Brad Nelson responded to Mayor Shirley's question pertaining to maintenance
provided on the vehicles and to Commissioner Hardy's question pertaining to the number
of cars in the fleet for officers.
Mayor Shirley noted that we do not have very many officers out on shift and would like to
see a higher number of officers on the streets. Chief Nelson concurred.
Chief Nelson responded to Commissioner Hardy's question pertaining to the number of
motorcycles on fleet and Commissioner Householter's question pertaining to the type of
vehicles we plan to purchase.
Mr. Franz and Mr. Gage responded to Commissioner Hardy's question pertaining to the
bidding process.
Chief Nelson responded to Commissioner Blanchard's question pertaining to the vehicles
being fully equipped.
Chief Nelson, Mr. Gage and Mr. Franz responded to the process of getting rid of the old
equipment.
' Mr. Franz responded to Commissioner Blanchard's question pertaining to the sales tax
funding for the units and asked what is the normal funding source used for these vehicles.
Mr. Gage also responded.
14-0033 Moved by Commissioner Hardy, seconded by Commissioner Householter, to authorize the
addition of three (3) police cruisers to the Vehicles & Equipment Plan for 2014. Ave: (5). Nay: (0).
Motion carried.
ENT BUSINESS
None.
R BUSINESS
(9.1) Request for executive session (real estate/legal).
Page 4
14-0034 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to recess into executive
session for 45 minutes to discuss with legal counsel matters subject to the attorney-client privilege
and pertaining to the acquisition of real estate for the reason that public discussion of those matters
would waive the privilege and adversely affect the City's interest in the matters and reconvene at
6:35 p.m.
z
a
w
The City Commission recessed into executive session at 5:48 p.m. and reconvened at 6:35
p.m. No action was taken.
14-0035 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to extend the current
executive session for an additional 15 minutes. Ave: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 6:35 p.m. and reconvened at 6:50
p.m. No action was taken.
14-0036 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to extend the current
executive session for an additional 10 minutes. Ave: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 6:50 p.m. and reconvened at 7:00
p.m. No action was taken.
14-0037 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, that the regular meeting
of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 7:00 p.m. /' ')
�l./�' JL
[SEAL] B bara V. Shirley, Mayor
ATTEST:
Shandi Wicks, CMC, Interim Citv Clerk
7
Page 5