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05-12-2014 Minutes• CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS May 12, 2014 4:02 p.m. w The City Commission convened at 3:00 p.m. for Street Surface Updates and at 3:45 p.m. for Citizens Forum. t The Regular Meeting of the Board of Commissioners was called to order at 4:02 p.m. in Room 107, ' o City -County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of 8 silence. Those present and comprising a quorum: Mayor Aaron Householter (presiding), Commissioners Jon R. Blanchard, Kaye J. Crawford, Randall R. Hardy, and Barbara V. Shirley. Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Miki Orr-Muths, Administrative Assistance. AWARDS AND PROCLAMATIONS (3.1) The Day of May 15, 2014 as "Peace Officers' Memorial Day" and the week of May 11-17, 2014 as "National Police Week" in the city of Salina. Officer Dani Lemon read the proclamation. CITIZEN FORUM • PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME CONSENT AGENDA (6.1) Approve minutes of May 5, 2014. (6.2) Resolution No. 14-7099 appointing members to various boards and commissions. ' (6.3) Authorize the purchase of a replacement pre -owned asphalt roller from Murphy Tractor in the amount of $27, 500.00 and a trailer from K4 Trailers in the amount of $4820.55. (6.4) Accept the offered drainage easements for Pheasant Ridge Addition No. 2, Block 2, Lots 1 through 14. (6.5) Resolution No. 14-7101 authorizing lease -purchase agreement with Kansas State Bank of Manhattan for the purpose of acquiring eight (8) Zoll Series Defibrillators. (6.6) Authorize purchase of two (2) chlorine and two (2) ammonia feeds at Water treatment Plant from Hawkins Inc., Water treatment Group in the amount of $36,343.30. Commissioner Hardy requested that Items 6.3 and 6.5 be removed from the consent agenda 14-0136 Moved by Commissioner Crawford, seconded by Commissioner Shirley, to approve the consent agenda with items 6.3 and 6.5 removed. Aye: (5). Nay: (0). Motion carried. • (6.3) Authorize the purchase of a replacement pre -owned asphalt roller from Murphy Tractor in the amount of $27, 500.00 and a trailer from K4 Trailers in the amount of $4820.55. Michael Fraser, Director of Public Works, asked the Commission for questions or concerns. Page 1 M • Commissioner Hardy asked if it was a commonly used piece of equipment. Mr. Fraser responded. Commissioner Blanchard asked about the repairs on used equipment and if it was a part of the equipment that was purchased previously. Mr. Frasier responded. 14-017 Moved by Commissioner Hardy, seconded by Commissioner Blanchard to authorize the purchase 2 of the pre -owned asphalt roller from Murphy Tractor in Topeka for the amount of $27,500 and the 109 12,000 lb trailer from K4 Trailers in Salina for $4,820.55 for a total 'of $32,320.55. N ' (6.5) Resolution No. 14-7101 authorizing lease -purchase agreement with Kansas State Bank of Manhattan for the purpose of acquiring eight (8) Zoll Series Defibrillators. Rod Franz, Director of Finance and Administration, explained the request for the resolution regarding the lease -purchase agreement for the previously approved purchase of the Zoll Series Defibrillators. 14-0138 Moved by Commissioner Blanchard, seconded by Commissioner Crawford to adopt Resolution No. 14-7101. Aye: (5). Nay: (0). Motion carried ADMINISTRATION (7.1) Resolution No. 14-7100 amending the public sidewalk financing policy. Dan Stack, City Engineer, explained that amending the current public sidewalk financing policy in Resolution No. 89-4066 would provide more options for financing the • construction for the City's public sidewalk network using sub-CIP funds and sidewalk repair money. Commissioner Blanchard asked if criteria was in place for prioritizing where the funds were spent and if the core areas around town were being considered. He also asked if there was a way to monitor the programs success. Mr. Stack responded. Jason Gage, City Manager, explained we would not let the requests interfere with those that are already budgeted for the arterial roads that have been approved. If there was a significant volume, they would prioritize what needs to done. Commissioner Blanchard added that having criteria to follow would insure a pathway was accessible throughout the area and not interrupted or, consist of areas with broken sidewalk. Commissioner Hardy mentioned Republic Avenue, the gaps on the sidewalk and how those areas could be fixed. Mr. Stack responded. Mr. Gage responded that large areas would need to be addressed as a CIP Project. These funds were for small items. 14-0139 Moved by Commissioner Crawford, seconded by Commissioner Shirley, to adopt Resolution No. 14-7100. Aye: (5). Nay: (0). Motion carried. (7.2) Authorize the Mayor to enter into specialty contractor ,agreements with Kaw Valley Engineering for Vapor Intrusion Investigation - Surveying Support Services and with ALS • Environmental for Vapor Intrusion Investigation - Laboratory Support Services. Martha Tasker, Director of Utilities, explained the history of the Consent Decree to address the contamination associated with the former Salina Air force Base, qualified contractors, Page 2 • C proposals, TriVapor Intrusion Investigation Surveying Support Services agreement and the Laboratory Support Services agreement. Jason Gage, City Manager, explained that there will be more agreements of this type for t2 this project and they would be added to the consent agenda in the future. w Commissioner Blanchard asked how many units, number of buildings and the comparable q size of the contracts and how many contractors would bid in the future. Ms. Tasker responded. Greg Bengtson, City Attorney, explained the different sequences of the specialty contractors 8 and types of work plans that would be considered by KDHE for implementation. 14-0140 Moved by Commissioner Hardy, seconded by Commissioner Shirley, to authorize the Mayor to enter in to the following agreements: Vapor Intrusion Investigation -Surveying Support Services to Kaw Valley Engineering, Salina, Kansas, in an amount not to exceed $6,980.00 and Vapor Intrusion Investigation- Laboratory Support Services to ALS Environmental, Simi Valley, California, in an amount not to exceed $18,720. Aye: (5). Nay: (0). Motion carried. (7.3) Authorize staff preparation of Special Assessment Engineering Feasibility Report for Phase II River Trail Addition. Dean Andrew, Director of Planning, explained the'' petition requested from KC Development, LLC, Kelly Dunn and Craig Piercy, for approval of special assessment financing for the installation of public improvements to serve the lots in Phase II and • Authorization and Advisability to form a special assessment benefit district. Kelly Dunn, 3059 Quail Creek Place asked Mr. Andrew for clarification on the recommended action. Mr. Andrew responded. Mr. Dunn addressed the Commission on qualifications and experience and asked for questions. Cormnissioner Blanchard asked how long KC Development, LLC has been an entity, if they ' have tried to secure any private funding and stated special assessment funding would be taken on by citizens. Mr. Dunn responded. Commissioner Blanchard asked about other developments Mr. Dunn had been involved in and how they were funded and the price of the properties. Mr. Dunn responded that special assessments were used to fund the projects and clarified the expected prices of the properties. Commissioner Blanchard stated that there are buildable lots already in Salina and that developers have been building higher -end lots. If the market demand was there for higher - end homes, private investors and/or lenders would be willing to take the risk. Commissioner Hardy stated he had heard from a young professional who would like to pay for specials in his mortgage and the impact on home buyers regarding specials. Cormnissioner Blanchard clarified that specials may be added to the mortgage if a person is qualified. • Jason Gage, City Manager, explained further the financing of assessments to a property. Mayor Householter stated he heard an argument regarding specials, that properties would not appraise if they were required to put the specials onto the house. He stated that not Page 3 M Commissioner Crawford stated she did not want to say "no" to development because it creates jobs. Commissioner Blanchard stated, if redevelopment was encouraged, that would create jobs. ' Mayor Householter stated the population growth has been stagnant while the size of the City has grown. He would like to see more redevelopment and less new development and would like to follow the comprehensive plan of redevelopment in the core of town. Mayor Householter stated that the minimum housing code may help to keep homes updated and that studies show one quarter of family income is going towards transportation and that people want to live closer to work and schools. I Mr. Gage talked about the amenities checklist and asked the Commission what information would be helpful for the staff to provide. Commissioner Blanchard stated that the checklist should be required regardless of who is financing a subdivision development. Mr. Gage asked the Commission what amenities would 'qualify a developer to ask for special assessments. Staff needs direction in order to answer questions from developers. • Commissioner Hardy stated that there is not a balance at this time, there is less emphasis on redevelopment and more on new development. He would like to see more redevelopment. Page 4 M having special added up front is an unfair sales advantage if all properties do not have the • special assessments stated with the selling prices. He also added that if the City financed the properties with specials, it was unfair to other builders who wanted to build in the area vs. the developer. He also thought that if there was; a market for more homes, then investors would be available for development projects. i w Commissioner Hardy asked if allowing specials would dissuade developers who had their A own financing. Commissioner Blanchard felt it could. Commissioner Blanchard stated that special assessments are using public financing for ' subsidizing private development. He stated that there are roads that need maintenance and repairs in newer areas. He felt the City could do a better job utilizing what we have instead of subsidizing and financing other areas that we have a hard time maintaining. If he was to vote yes for this, he would have to see more reasons as to why it's a good idea. Commissioner Hardy asked about the subdivision amenities check list and how it correlates with adding special assessments. Mayor Householter responded to Commissioner Hardy's question and stated he had a hard time funding other areas when we have enough to maintain. The development has become lopsided and we have been moving South when the North area of town needs to have work done on its streets. He stated he had a hard time to support special assessments for the area proposed. Jason Gage, City Manager asked the Commission if there were any expectations for a builder that would allow for specials to be assessed if they followed those expectations. • Commissioner Blanchard stated that our comprehensive plan clearly defines redevelopment and at this time, he would be opposed to using special assessments for green field development. They should be used as a tool for redevelopment only. Commissioner Crawford stated she did not want to say "no" to development because it creates jobs. Commissioner Blanchard stated, if redevelopment was encouraged, that would create jobs. ' Mayor Householter stated the population growth has been stagnant while the size of the City has grown. He would like to see more redevelopment and less new development and would like to follow the comprehensive plan of redevelopment in the core of town. Mayor Householter stated that the minimum housing code may help to keep homes updated and that studies show one quarter of family income is going towards transportation and that people want to live closer to work and schools. I Mr. Gage talked about the amenities checklist and asked the Commission what information would be helpful for the staff to provide. Commissioner Blanchard stated that the checklist should be required regardless of who is financing a subdivision development. Mr. Gage asked the Commission what amenities would 'qualify a developer to ask for special assessments. Staff needs direction in order to answer questions from developers. • Commissioner Hardy stated that there is not a balance at this time, there is less emphasis on redevelopment and more on new development. He would like to see more redevelopment. Page 4 M • 8 14-0141 • • Mayor Householter responded that situations could happen that may change his opinion on new development and would like to see investments or tax incentives for redevelopment. He stated he would like to do whatever could be done to stop the debt - load on our streets. Mr. Gage asked Commissioner Crawford and Shirley for their thoughts on this subject Commissioner Crawford stated that she has seen street's signs in the middle of nowhere and with the information she has learned from study sessions, has turned her opinion around. She would like to see the roads we have improved for the citizens. Commissioner Blanchard stated his opinion was strictly redevelopment. Commissioner Shirley did not want to say "no" to special assessments for new developments. J by Commissioner Blanchard, seconded by Commissioner Hardy to instruct staff to not 2d with preparation of Special Assessments Engineering Feasibility report for phase II of the Trail Addition. Aye: (4). Nay: (1). Motion carried. 7.4) Mayor Board Appointments Mayor Householter announced the following appointments: Commissioner Crawford: Convention & Toulrism Committee, and Building Authority. Commissioner Blanchard: Salina Airport Authority and Parks and Recreation. i Commissioner Hardy: North Central Regional Planning Commission and Salina Arts & Humanities Commission. Commissioner Shirley: Housing Authority and Building Authority. Mayor Householter: Salina Economic Development Incentives Council, Library Board and Chamber of Commerce Board. (7.5) Resolution No. 14-7102 authorizing the Mayor to sign an' Agreement for a Public Parking Easement and the Development of Public Improvements with Assurance Assurance Partners located at 201 East Iron Avenue. Michael Schrage, Deputy City Manager, explained the site plan, shared part use Parking Agreement, right-of-way and site improvements for the Parking Easement and Development of Public Improvements Agreement and discussed the six (6) items that inter- related to the agreement. I Commissioner Blanchard asked for clarifications regarding the property line, right-of-way, and use of parking lot. Mr. Schrage responded. Mr. Gage, City Manager, added that the need to remove the angle parking and getting the lights in the public right -of way was aggregate with working on the sidewalk and parking lot. Commissioner Blanchard asked about driveway approaches. Mr. Gage and Mr. Schrage responded. Commissioner Blanchard stated this request fits the goals the Commission was trying to accomplish and the willingness to share the parking and improve the streets and sidewalks Page 5 • in the area was a great opportunity Mavor Householter stated it was a fantastic looking building. He asked if parking was currently being enforced in parking lots and if in the future what would happen if Assurance Partners chose not to share the parking ilot. Mr. Gage and Mr. Schrage z responded. Jim Wilson, 1160 S. Marymount, Salina, Kansas, President of Assurance Partners addressed N the Commission. I ' o Commissioner Blanchard thanked Mr. Wilson for doing such a nice job on the building. Mr. Wilson stated there had been great cooperation with) city administrators and that they had a willingness to work together on a project that they all could be proud of. Gary Swartzendruber, 528 S College, Salina, Kansas, congratulated the Commission. 14-0142 Moved by Commissioner Hardy seconded by Commissioner Shirley, to adopt Resolution No. 14- 7102 approving the attached Agreement for Public Parking Easement and Development of Public Improvements and authorizing the Mayor to sign the Agreement conditioned upon staff's development of a surveyed legal description for the Easement Area (as defined in the Agreement) and attachment of the legal description as Exhibit C to the Agreement. Aye: (5). Nay: (0). Motion BUSINESS . OTHER BUSINESS " Jason Gage, City Manager, discussed two (2) letters that had been distributed to the Commissioners and wanted to publicly disclose that they were' received. He stated that it is common to get these types of requests. The first letter from the Ashby House requested an exemption of the excess water usage charge on the monthly water bill. Ashby House asked the Commission to consider the services it provides to the Salina community and that it added a financial burden to the lm and wanted the charge to be ' removed. Mayor Householter asked if we do this for any other facilities. Mr. Gage responded no. I Mayor Householter stated he appreciated what the Ashby House did, as well as other members of the community and would have a hard time allowing for the exemption. All other Commissioners responded by stating they agreed with the Mayor. i Mr. Gage explained the second letter which was from the Saline County Fire Chiefs Association regarding public safety, the extreme drought conditions of the area and asked to prohibit the sale and discharge of fireworks within the boundaries of Saline County and the City of Salina for the current year of 2014. The letter noted May 20, 2014, the date when vendors begin the process of setting up locations, and requested time to notify vendors if sales were not allowed. Mr. Gage explained the City code on fire bans. • Commissioners spoke in favor of not changing the ordinance at this time. e e Page 6 i �4-0143 Moved by Commissioner Crawford seconded by Commissioner Hardy, to recess into executive session for 45 minutes after a short break to discuss with legal counsel matters subject to the attorney-client privilege for the reason that public discussion of those matters would waive the privilege and adversely affect the City's interest in the matters an' d reconvene at 7:00 p.m. w The City Commission recessed into executive session ati 6:15 p.m. and reconvened at 7:00 p.m. No action was taken. 14-0144 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to extend the current executive session for an additional 30 minutes. Aye: (5). Nay: (0). Motion carried. U The City Commission recessed into executive session ati7:00 p.m. and reconvened at 7:30 p.m. No action was taken. 14-0145 Moved by Commissioner Hardy, seconded by Commissioner (Blanchard, to extend the current executive session for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session atI,7:30 p.m. and reconvened at 7:45 p.m. No action was taken. 14-0146 Moved by Commissioner Shirley, seconded by Commissioner Crawford, to extend the current executive session for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 17:45 p.m. and reconvened at 8:00 p.m. No action was taken. ADJOURNMENT 14-0147 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). I : (0). Motion carried. The meeting adjourned at 8:00 p.m. ' II[SEAL] Aaron. Householter, Mayor ATTEST: Wicks, CMC, City Clerk • Page 7