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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
November 10, 2014
4:00 p.m.
The City Commission convened at 3:45 p.m. for Citizens Forum,
The Regular Meeting of the Board of Commissioners was called to order at 4:00 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, Trent Davis, and Randall R. Hardy.
Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager; Greg
Bengtson, City Attorney; and Shandi Wicks, City Clerk.
Absent: Commissioner Kaye J. Crawford.
AWARDS AND PROCLAMATIONS
None.
CITIZEN FORUM
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve minutes of November 3, 2014.
(6.2) Award of contract for the Water Main Replacement Project- Phase III, Project No. 10-2842B
to Nowak Construction Co., Inc. in the amount of $1,436,000.00 with a 5% Construction
Contingency of $74,950.00.
(6.3) Authorize the Mayor to sign a contract with Kaw Valley Engineering to design the
replacement Greeley Avenue Bridge, Project No. 08-2709.
Moved by Commissioner Davis, seconded by Commissioner Blanchard, to approve the consent
agenda as presented. Aye: (4). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) First reading Ordinance No. 14-10755 levying Salina Business Improvement District No. 1
service fees for 2015, in accordance with K.S.A. 12-1791.
Rod Franz, Director of Finance, explained the district and fees.
Commissioner Hardy asked if the district fees covered the maintenance of the planter
boxes. Jason Gage, City Manager, responded.
Commissioner Blanchard asked for the number of businesses or buildings included in the
district and if tax exempt entities are exempt from paying the district fees. Mr. Franz and
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Mr. Gage responded.
Melissa Rose Hodges, Salina Downtown, Inc. provided additional information on vacant
buildings and the collection of fees for non-profit businesses.
Commissioner Blanchard asked if reenergizing the downtown area and if the number of
business tenants increased would the district fees decrease. Ms. Hodges and Mr. Gage
responded.
Commissioner Blanchard asked if there are any assurances that the Business Improvement
District board would follow the comprehensive plan and strategic plan. Mr. Gage
responded.
Ms. Hodges provided additional information regarding the maintenance of the planter
boxes.
Commissioner Hardy asked if staff and money shortages were the reason for less
maintenance downtown. Ms. Hodges responded.
Commissioner Hardy asked if a trustee would be an option to help with the maintenance
downtown. Mr. Gage and Ms. Hodges responded.
Ray Hruska, 235 N. Santa Fe, provided his thoughts on the district, fees, draft ordinance
and the name of the district. Mr. Gage responded.
Mayor Householter asked about the signature of the Mayor on an ordinance or resolution.
Greg Bengtson, City Attorney, responded.
Commissioner Davis asked if an ordinance has to be approved yearly. Mr. Bengtson
responded.
Moved by Commissioner Davis, seconded by Commissioner Hardy, to pass Ordinance No. 14-
10755 levying Salina Business Improvement District No. 1 service fees for 2015 on first reading.
Aye: (4). Nay: (0). Motion carried.
(7.2) Resolution No. 14-7150 authorizing the Mayor to execute a Guaranteed Maximum Price
Amendment (GMP) with McCownGordon Construction, L.L.C. and establishing a project
contingency for the Salina Bicentennial Center construction project.
Dion Louthan, Director of Parks & Recreation, explained the amendment and the
construction project contingency.
Commissioner Blanchard asked if the final price included all additive alternates. Mr.
Louthan responded.
Dale Martinitz, 206 S. Estates Drive, asked if the building roof trusses were included in the
project. Mr. Louthan and Jason Gage, City Manager, responded.
Commissioner Davis asked how much weight or snow the roof can hold. Mr. Louthan and
Mr. Gage responded.
Commissioner Blanchard asked for an overview of the project timeline and for any
disruptions citizens may experience. Mr. Louthan and Ron Rideout, Global Spectrum,
responded.
Commissioner Davis asked for an estimate of increased revenues after the completion of
the project. Mr. Rideout responded.
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Mayor Householter noted that the project was mostly overlooked maintenance along with
some aesthetics.
Commissioner Blanchard provided his thoughts on the project and the potential need for
marketing to show how the facility will look upon completion.
Mr. Martinitz asked if the" roof structure was reviewed by a structural engineer. Mr. Gage
responded.
Moved by Commissioner Blanchard, seconded by Commissioner Davis, to adopt Resolution No.
14-7150 authorizing the Mayor to execute the GMP Amendment with McCownGordon
Construction, L.L.C. and establish a construction project contingency for the Salina Bicentennial
Center construction project, pursuant to Salina Code Section 2-236, in the amount of $426,440.00,
and authorize the city manager to approve change orders within the amount of contingency that
are not prompted by a change in the size or scope of the project. Aye: (4). Nay: (0). Motion
carried.
(7.3) Resolution No. 14-7151 levying a transient guest tax upon the gross receipts for sleeping
accommodations within the City of Salina and amending Resolution No. 09-6647.
Rod Franz, Director of Finance, explained the tax extension and action options.
Commissioner Hardy asked about the .2 percent portion for strategic planning of events in
Kenwood and Oakdale Park. Jason Gage, City Manager, responded.
Commissioner Blanchard asked for the options of approving the resolution and asked if
staff had a recommended action. Mr. Gage responded.
Mayor Householter provided his thoughts on the sunset option for approving the
resolution.
Greg Bengtson, City Attorney, provided an additional option for action.
Commissioner Blanchard asked if the extension was for the one percent tax only. Mr. Gage
responded.
Commissioner Blanchard asked if there was a base percent in the charter ordinance. Mr.
Bengtson, Mr. Franz and Mr. Gage responded.
A conversation ensued between the Commissioners and Mr. Gage regarding the twenty
year extension versus an indefinite action.
Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to adopt Resolution No.
14-7151 to provide an indefinite extension to the current Guest Tax rate and amend Resolution No.
09-6647.
Mayor Householter called the question to adopt Resolution No. 14-7151 Option No. 2. Aye: (4).
Nay: (0). Motion carried.
(7.4) First reading Charter Ordinance No. 38 a charter ordinance exempting the City of Salina,
Kansas from the provisions of K.S.A. 13-1024a and providing substitute and additional
provisions on the same subject relating to general improvements and the issuance of bonds
for the purpose of paying for said improvements; and repealing Charter Ordinance
Number 34.
Greg Bengtson, City Attorney, explained the changes and ordinance options.
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Jason Gage, City Manager, provided additional information regarding guidance received
from bond counsel.
Commissioner Blanchard asked for clarification on the amount of bonds that can be issued
in a calendar year listed in the ordinance and the action options for the ordinance. Mr. Gage
and Mr. Bengtson responded.
A conversation ensued between the Commissioners, Mr. Gage and Mr. Bengtson regarding
the ordinance options, bond counsels suggestion and the provisions of state law pertaining
to the improvements.
Commissioner Blanchard asked if the project does not happen and an ordinance has
already been approved, can wording be included so that the ordinance would not go into
effect if the downtown recreation center is not built. Mr. Gage and Mr. Bengtson
responded.
Commissioner Davis asked which ordinance option would match how the aquatic park
was listed as a single project category on Charter Ordinance No. 34. Mr. Gage responded.
Commissioner Davis asked about a project going over the budgeted amount listed on the
ordinance going to a public vote. Mr. Gage responded.
Commissioner Blanchard provided his concerns regarding the downtown recreation center
listed under public buildings and not listed as an individual project category. Mr. Bengtson
responded.
Mr. Bengtson provided information regarding the state statute authorizing cities of the first
class to construction general improvements with the proceedings from the issuance of
bonds.
Commissioner Davis provided his thoughts regarding the ordinance options.
Mayor Householter provided his thoughts regarding increasing the public buildings
category to 4.5 million dollars.
Commissioner Blanchard provided his thoughts on the ordinance options and asked if one
option will constitute a petition to be filed.
A conversation ensued between the Commission and Mr. Gage regarding the best
ordinance option.
Mr. Bengtson reminded the commission of the two thirds majority vote required for the
ordinance to pass.
Commissioner Blanchard noted his concerns regarding one ordinance option versus
another and the ability for citizens to petition it to a public vote.
Commissioner Davis provided his thoughts on the improvement amounts and the public's
perception of the commissions decision.
A conversation ensued between the Commission regarding the improvement amounts,
public perception and best action option.
Commissioner Davis asked if the project categories listed under the 1 million dollar
spending amount could be improved under that amount. Mr. Gage responded.
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Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to pass Charter
Ordinance No. 38 Option No. 1 on first reading. Aye: (2). Nay: (2) Householter, Davis. Motion
failed.
Moved by Commissioner Blanchard, seconded by Commissioner Davis, to pass Charter Ordinance
No. 38 Option No. 2 on first reading.
Commissioner Hardy noted that he liked option number one but also would vote for option
number two to not hold up the progress of the project.
Mayor Householter called the question to pass Charter Ordinance No. 38 Option No. 2 on first
reading Aye: (4) Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
None.
OTHER BUSINESS
(9.1) Request for executive session. (legal/ trade secrets).
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
for the reason that public discussion of those matters would waive the privilege and adversely
affect the City's interest in the matters and to discuss confidential data relating to the financial
affairs and trade secrets of a corporation for the reason that public discussion of the information
would competitively disadvantage the corporation and reconvene at 6:00 p.m.
The City Commission recessed for a five minute break at 5:55 p.m. then recessed into executive
session at 6:00 p.m. and reconvened at 6:45 p.m. No action was taken.
Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to extend the current
executive session for an additional 15 minutes. Aye: (4). Nay: (0). Motion carried.
The City Commission recessed into executive session at 6:45 p.m. and reconvened at 7:00
p.m. No action was taken.
Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to extend the current
executive session for an additional 10 minutes. Aye: (4). Nay: (0). Motion carried.
The City Commission recessed into executive session at 7:00 p.m. and reconvened at 7:10
p.m. No action was taken.
Moved by Commissioner Blanchard, seconded by Commissioner Householter, to extend the
current executive session for an additional 15 minutes. Aye: (4). Nay: (0). Motion carried.
The City Commission recessed into executive session at 7:10 p.m. and reconvened at 7:25
p.m. No action was taken.
ADJOURNMENT
Moved by Commissioner Blanchard, seconded by Commissioner Hardy, that the regular meeting
of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The
meeting adjourned at 7:23 p.m.
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[SEAL]
ATTEST:
Cil/ dA' ' via
Shandi Wicks, CMC, City Clerk
L
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Aaron K. Householter, Mayor
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