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07-14-2014 Minutes8 v CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS July 14, 2014 4:02 p.m. The City Commission convened at 2:30 p.m. for Budget: (Overview, Revenue & Expenses, Fund Balances, Taxes) and at 3:45 p.m. for Citizens Forum. The Regular Meeting of the Board of Commissioners was called to order at 4:02 p.m. in Room 107, City -County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of 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; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. AWARDS AND PROCLAMATIONS None. CITIZEN FORUM Kathleen Burkle, 746 Manchester Road, provided her thoughts on the current fireworks laws and changes she would like to see. Ms. Burkle provided information received from Vanessa Cowie with the Salina Animal Shelter. Mayor Householter asked what the city's policy was on publicizing the current fireworks lacus. Jason Gage, City Manager, responded. A conversation ensued between the Commission and Mr. Gage regarding the number of calls to the Police Department, number of fires due to fireworks, the extreme noise from fireworks and the hours allowed to shoot them. Judy Larson, 715 N. Ninth, provided her thoughts on the current fireworks laws. Melissa Hodges, Salina Downtown, Inc. wanted to invite the Commissioners and city staff to the Sav-A-Lot Salina Community Welcoming Party on Friday, July 18th at 505 East Iron Avenue. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on amended Petition No. 4365 (filed by George Stein, President of SCR, Inc.), requesting the vacation of a portion of a 7 foot east -west utility easement running along the South 7 feet of Lot 12, Block 1 of the Holiday Addition and the vacation of a portion of the 7 foot east -west utility easement, which occupies the North 7 feet of Lot 15, Block 1 of the Holidav Addition. (5.1a) First reading Ordinance No. 14-10741. Mayor Householter opened the public hearing. Dean Andrew, Director of Planning, explained the nature of the current request, the affected public and franchise utilities and recommended action. There being no further comments the public hearing was closed. Page I 14-0192 II Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to pass Ordinance No. 14- 10741 on first reading. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve minutes of July 7, 2014. a w (6.2) Resolution No. 14-7118 authorizing the confirmation of the release of industrial revenue 8 bond leases involving property currently owned by KASA Industrial Controls, Inc. and authorizing the Mayor's signature on the Release of Leases. (6.3) Authorize Amendment No. 2 to the Loan Agreement beoween the Kansas Department of Health and Environment, acting on behalf of the State of Kansas, and Salina, Kansas for the purpose of financing improvements to the City's water distribution system. 14-0193 11 Moved by Commissioner Shirley, seconded by Commissioner Crawford, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Authorize sale of General Obligation Internal Improvement Bonds Series 2014-A and Temporary Notes Series 2014-1. (7.1a) Receive report on bids received. (7.1b) Second reading Ordinance No. 14-10737 authorizing the issuance and delivery of Series 2014-A. (7.1c) Resolution No. 14-7119 prescribing the form and details of and authorizing general obligation bonds. (7.1d) Resolution No. 14-7120 authorizing and directing the sale of temporary notes. Rod Franz, Director of Finance and Administration, explained the bids received, bond rating, and projects financed. Mr. Franz introduced representatives from George & Baum and Gilmore and Bell. Commissioner Hardy pointed out errors in Resolution No. 7119 provided in the Commissioners packet. Gina Riekhof with Gilmore & Bell responded. Commissioner Blanchard asked if the Commission needed to make a separate action on the bid bond submittal after the bids were turned in. Mr. Franz responded. Commissioner Hardy asked if the bidders were provided the information on the requirement for the bid bonds to be submitted. Mr. Franz and Jason Gage, Citv Manager, responded. 14-0194 Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to adopt Ordinance No. 14-10737 on second reading. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Hardy, Shirley, Householter. Nay: (0). Motion carried. 14-0195 Moved by Commissioner Shirley, seconded by Commissioner Hardy, to adopt Resolution No. 14- 7119. Aye: (5). Nay: (0). Motion carried. 14-0196 Moved by Commissioner Hardy, seconded by Commissioner Crawford, to adopt Resolution No. 14-7120. Aye: (5). Nay: (0). Motion carried. Paee 2 i 0 (7.2) Resolution No. 14-7095 authorizing the Mayor to execute a Telecommunications Provider Right -of -Way Use Agreement between the City of Salina and Kansas Fiber Network, LLC to allow the installation of fiber optic cable and related facilities within the public rights-of-way in the City of Salina. w Dan Stack, City Engineer, explained the agreement and recommended action. N Commissioner Blanchard asked if the provider changed the type of services offered, what 0 the City can do at that point. Jason, Gage, City Manager, responded. Commissioner Hardy asked if our policy is a first come first serve when it comes to installation in the right-of-way. Mr. Stack responded. Commissioner Hard), noted he was concerned when he read the agenda item because of the future need for additional providers wanting to install in the right-of-way. Aaron Martin, Clark, Mize & Linville, responded. Mr. Gage asked if the City must deal with all telecommunications providers in a neutral matter. Mr. Martin responded. Commissioner Hardy asked if the type of services offered by the provider can be considered when regulating the services. Mr. Martin responded. Greg Bengtson, City Attorney, provided information regarding the uses of the right-of-way and multiple commission actions to take place in the future. Mr. Bengtson also mentioned the differences between a license agreement and a telecommunications provider right-of- way use agreement. Mayor Householter asked for clarification on the route of the fiber optic cable. Mr. Stack responded. Commissioner Blanchard asked if this agreement involves Saline County land along with City owned land. Mr. Stack responded. Commissioner Blanchard asked if a different route could be used. Mr. Bob Wallentine, with Kansas Fiber Network, responded. Mayor Householter asked if services are going to be provided, could we charge according to the franchise service. Mr. Martin responded. Commissioner Blanchard asked if the installation of the fiber optic is simply a pass through for the provider. Mr. Wallentine responded. 14-0197 Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to adopt Resolution No. 14-7095. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Consider the dispersing of real property located in the 200 Block South Santa Fe, Salina, Kansas presently used as a walkway between Santa Fe and public parking lot along 5th Street. Gary Hobbie, Director of Development Services, explained the request received, fiscal impact, Design Review Board determination and staff recommended action. Commissioner Hardy asked if there is a potential walkway in the vicinity that would connect the parking lot and South Santa Fe. Mr. Hobbie responded. Commissioner Blanchard noted that the staff report was very helpful in providing Page 3 information regarding the request. He noted that when driving by the areas, there were several vehicles parked along the east and west side of the building. Commissioner Blanchard asked if it is known what the traffic patterns are of the citizens that live in the r--1 vicinity. Mr. Hobbie responded. i a Commissioner Blanchard asked who is currently using the parking. Mr. Hobbie responded. w John Burger, City Planner, noted that the parking lot on the west side is at capacity when staff had visited the location on multiple occasions. o Mayor Householter asked how the walk-through and surrounding areas were zoned. Mr. Hobbie responded. Kent Buer, First Bank Kansas, provided information on the history of the building, use of the parking lots and the bank's request. Commissioner Hardy' asked if there is a thought process on pedestrian traffic from the parking lot to Santa Fe. Mr. Buer responded. Commissioner Blanchard asked if the city has experienced problems in the past with the walkways and noted that he feels we might be sorry if we dispose of the walkway. Mr. Hobbie responded. Mayor Householter noted his concerns on the disposal of the arcade and the potential need to update the walkway. Jason Gage, City Manager, provided information regarding the action options available to the City Commission and noted that the Commission can direct the money upon disposal to the fund of their choice. Commissioner Hardy noted that he likes the plaza idea better than the current arcade placed to the south of the building. Mr. Buer provided his thoughts on the placement of a plaza on the south side of the building, if the bank would like to further develop their property. Melissa Hodges, Salina Downtown, Inc., provided information on the comments she received from surrounding property owners and noted the upgrade of the lights within the arcade as part of the Downtown Lighting project. Ms. Hodges also asked if the money can be put back into the downtown area. A conversation ensued between the commission regarding the individual consensus on the disposal and potential future maintenance taken place in the arcade. Commissioner Blanchard asked if Fust Bank Kansas has looked at land available within downtown. Mr. Buer responded. Mayor Householter asked if a Commissioner would like to make a motion. Item dies due to lack of motion. (8.2) Consider the dispersing of real property located at 2626 Quail Hollow Drive, Salina, Kansas. Gary Hobbie, Director of Development Services, provided a background of the property, fiscal impact, various options to solicit bids and recommended action. Commissioner Blanchard asked what the different options were for use of the property, such as a neighborhood park. Mr. Hobbie responded. Page 4 r--1 Commissioner Blanchard asked if the lot that is to the north of the property was a "non - buildable" lot in the past and if the lot had been replatted. Mr. Hobbie responded. Commissioner Blanchard asked if the development was originallv started, and if special assessments were paid on the lots within the development. Mr. Hobbie responded. w Commissioner Blanchard noted the utilities accessible to the property. Commissioner Blanchard also noted the fair market value of the property and to insure we get the highest amount possible. Mr. Hobbie responded. 1 Mayor Householter noticed that the lot line may be encroaching on the fence of property 3 owned by Mr. Morrison next door. Commissioner Blanchard noted the county appraisal numbers for the vacant lot in comparison to the developed lots next door and noted that if the City had a land bank we could use it to trade, sell or develop the land included in the bank. Commissioner Blanchard asked if the property would be on the market for 90 to 180 days, would that be an issue for the City. Mr. Hobbie responded. Mr. Hobbie provided additional information on the options to sell the lot. Jason Gage, City Manager, noted that the City will need to make sure a survey is done on the property prior to selling. Mr. Gage also provided information on the market of the lot versus lots with special assessments included. Commissioner Blanchard asked what action would need to be taken if the Commission would like to request a minimum purchase amount for the lot. Mr. Gage responded. A conversation ensued regarding the base price required to sell the lot, the need to get as much as the City can for the property, and to make the property available for an extended amount of time. Todd Welsh, 221 S. Morris Drive, requested that the lot be graded, along with additional A maintenance items added to the lot prior to selling either by the City or by himself. Mr. Welsh asked for a contact person to work with within the City for direction on the grading and maintenance of the lot. Mr. Gage and Mr. Hobbie responded. Commissioner Blanchard asked staff for their thoughts on the best way to dispose of the excess property. Mr. Gage responded. Dean Andrew, Director of Planning, noted that the Cit7 has sold vacant lots on Chukar Court in the past with the City as its own broker. Mr. Hobbie noted that the best option would be to use the bid process because that it is what staff works with the most. A conversation ensued between the Commission and Mr. Gage on the best way to sell the property and the amount it should be listed for. Mr. Gage suggested a motion as to declare the property as surplus property and ask staff to list the property for 50,000 and report back to the City Commission in ninety (90) days. Commissioner Blanchard so moved and Commissioner Hardy seconded. Page 5 0 J C 14-0198 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to declare the property as surplus property and available for disposal for a minimum of $50,000 and report back to the City Commission in ninety (90) days. _ Greg Bengtson, City Attorney, noted the potential need for earnest money. w A conversation ensued between the Commission, Mr. Hobbie, Mr. Gage and Mr. Bengtson N regarding the sale process and the earnest money requirement. 8 Mr. Bengtson asked if the commission wants to solicit bids or offers for the property. Commissioner Blanchard asked Mr. Hobbie's staff plan to solicit bids for the property. Mr. Hobbie responded. A conversation continued between the Commission, Mr. Hobbie, Mr. Gage and Mr. Bengtson regarding the sale process. Mayor Householter asked if the negotiation aspects of the item can be discussed in executive session. Mr. Bengtson responded. Mr. Bengtson provided additional information on the sale processes available. Mr. Gage noted that it depends on the way property is listed. A conversation ensued between the Commission and Mr. Gage regarding the appropriate sale process to dispose of the property. Mayor Householter asked for an amended motion. 14-0199 Moved by Commissioner Shirley, seconded by Commissioner Crawford, to amend the current motion to change the bid period from ninety (90) days to forty-five (45) days. A conversation ensued between the Commission, Mr. Gage and Mr. Bengtson regarding the sale process, minimum amount and the bid period. Ave: (5). Nay: (0). Motion carried. OTHER BUSINESS ADJOURNMENT 14-0200 Moved by Commissioner Crawford, seconded by Commissioner Shirley, that the regular meeting of the Board of City Commissioners be adjourned. Aye:(5). ay: (0). Motion carried. The meeting adjourned at 6:15 p.m. [SEAL] ATTEST: Ate' Shandi Wicks, CMC, City Clerk Aaron 4. Householter, Mayor Page 6