01-13-2014 MinutesC
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
January 13, 2014
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session on the Continuous Process
Improvement Overview and Update and City Commissioner Health Insurance Report. The
Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City -
County Building. A roll call was taken followed by the Pledge of Allegiance 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
AWARDS AND PROCLAMATIONS
(3.1) The day of January 20, 2014 as "Dr. Martin Luther King, Jr. Commemoration Day"
in the city of Salina. Lennon Johnston read the proclamation and announced
upcoming events.
CITIZEN FORUM
Sharon Musfelt, 1025 Merrily Circle, provided information regarding sodium fluorosilicate
in the drinking water and the number of cities that have removed fluoride.
Warren Huff, 712 Highland, provided statistics regarding European cities, the discontinued
use of fluoride and the health risks with the use of fluoride.
Ron Musfelt, 1025 Merrily Circle, provided information on use of fluoride and the central
nervous system.
Dennis Benoit, 1723 N. 20th Road, Kanopolis, read information from the water quality sheet
provided from the City of Salina Utilities office and provided statistics on dental fluorosis
and reminded the commissioners they are public servants.
John Perez, 2262 Sherwood Lane, asked for the removal of fluoridation from the city water
supply. Mr. Perez noted that freedom of choice is being infringed upon in Salina.
Mary Perricotti 1606 E. Republic, provided information regarding the increase of hip
fractures from a study she had found.
Debbie Grosser, 1373 Eaglecrest, provided statistics on various drink, food and tobacco
product that included drugs or harmful products that have been removed from these
products and provided information on fluoride.
John Boesen, 1373 Eaglecrest, provided information pertaining to EPA, fluoride
contamination and decontaminating the groundwater.
Lou Tryon, 2122 Leland Way, provided information pertaining to fluoride and dental care
and listed the cities that have eliminated fluoride in the city water supply.
Linda Rickman, 719 E. Ash, provided statistical information regarding fluoride and dental
cavities and tooth decay.
Page 1
1
1
Ray Hruska, 235 N. Santa Fe, reminded the Commission that the health, safety and welfare
is a requirement of the comprehensive plan and state law and also reminded them of their
elected duty as health, safety and welfare of the public.
Mr. Hruska asked the Commission if they have done any independent research on fluoride.
Commissioner Blanchard responded to Mr. Hruska stating he did not do his own research
because he is not a scientist and any research he did would not be found reliable. He also
noted that he hasn't seen evidence that would suggest that we need to remove fluoride.
Mr. Hruska would like each commissioner to provide their research to everyone in
attendance at the meeting.
Commissioner Householter responded to Mr. Hruska's question regarding research on
fluoride and provided his views on fluoride. Mr. Hruska asked the Commission to repeal
the ordinance and if the Commission would want to put it back in to get a referendum vote
to put it back in and not put the load on everyone else. A conversation ensued between Mr.
Hruska and Commissioner Householter regarding submitting a petition and repealing the
ordinance.
Lou Tryon, 2122 Leland Way, asked the commission, does the vote the citizens did in 1956
and turn down fluoride mean anything to the commission. Commissioner Householter
responded. Mrs. Tryon asked the commission where Salina Cares stands. Comm.
Householter sees that fluoride benefits public health.
Commissioner Blanchard does not feel inclined to remove fluoride, Mayor Shirley also does
not feel inclined to remove fluoride, Commissioner Crawford will respond on a later date
and Commissioner Hardy does not wish to change the current policy at this time.
Commissioner Householter appreciates the time of the Salina Cares group and they have
been very professional and kind.
Lou Tryon and Salina Cares will continue to work towards a petition to be submitted by
July 2014.
John Perez, 2262 Sherwood Lane, would like to remind Commissioner Householter about
freedom of choice. Mr. Perez provided information a definition of nanny state.
Commissioner Householter responded.
Linda Rickman, 719 E. Ash, would like to know what the commission considers as medical
and dental expert opinions. Mrs. Rickman asked if the concentrated documents she has
obtained are considered medical and dental expert opinions. Commissioner Hardy and
Householter responded.
Commissioner Householter provided information regarding myths of fluoride in European
cities and asked the citizens to provide accurate information.
Warren Huff, 712 Highland, provided information on studies available and recommends
finding out what exactly is in the water through chemical analysis and determine
ingredients and obtain a scientific study of how they affect us and if the removal of fluoride
is not done, we make a case.
Sharon Musfelt,1025 Merrily Circle, provided information from a study from the American
Dental Association. Commissioner Householter responded.
Warren Huff, 712 Highland responded with information on Dr. Wes Jackson being a
genius.
Page 2
F"i
Commissioner Crawford would like to move for the Mayor to close the citizens forum and
move on to the agenda.
Mr. Bengtson, provided information to the Commission regarding a referendum petition
and the process and if the issue at hand is a legislative matter or an administrative matter.
Ray Hruska, 235 N. Santa Fe asked Mr. Bengtson for the interpretation of legislative or
administrative matter.
Mayor Shirley asked for clarification from the City Attorney on action of postponing the
citizen's forum to a later time in the meeting. The Commission had a conversation
regarding the order of agenda items.
Commissioner Blanchard asked the Mayor to poll the audience to see if further citizen's
forum time is needed.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on an Appeal (filed by Jim Ravenkamp) of the Heritage
Commissions approval of Certificate of Appropriateness Application No. CA13-2,
(filed by Salina Regional Health Center), requesting approval of a Certificate of
Appropriateness to allow the demolition of the vacant St. John's Hospital building
located at 139 N. Penn Avenue.
Greg Bengtson, City Attorney, explained that the issue at hand is a quasi-judicial
proceeding and introduced Todd Luckman, Stumbo Hanson, LLP, Topeka, Kansas and
noted that an executive session can take place under the attorney-client privilege and
explained the closed door session.
Dean Andrew, Director of Planning, explained the request area, background information,
nature of current request, zoning status and preservation efforts, heritage commission
findings and commission alternatives.
Mr. Andrew responded to Commissioner Hardy's question pertaining to heritage
preservation and buildings that would qualify for preserving and if individual sites were
provided for the intent of heritage preservation.
Mr. Andrew responded to Commissioner Blanchard's question pertaining to Salina
Regional Health Center presenting information.
Jack Hinnenkamp, Salina Regional Health Center, 400 S. Santa Fe, provided a powerpoint
presentation and extensive information on the site, interior conditions, property review
with group agencies and property groups.
Mr. Hinnenkamp responded to Commissioner Hardy's questions pertaining to the
deterioratingconditions and how that does not qualify to willful neglect and the marketing
aspects utilized in moving the property.
Commissioner Blanchard noted that he does not put stock on the efforts of the heritage
preservation of the property. Mr. Hinnenkamp responded to Commissioner Blanchard's
questions pertaining to the maintenance performed on the building and if the marketing
effort was made on the truly historic aspect of the building.
Mayor Shirley opened the public hearing.
Jim Ravenkamp, 652 S. Santa Fe, stated he has a lot of respect for Salina Regional Health
Page 3
J
L
M
Center. Mr. Ravenkamp provided a powerpoint presentation with information to save the
historic St. John's Hospital from demolition. Mr. Ravenkamp also provided information
pertaining to the conservation district ordinance, the willful negligence of the building,
how the deteriorating building falls under the property maintenance code and listed some
of the various historical buildings demolished and saved in Salina.
Mr. Ravenkamp responded to Commissioner Blanchard's question asking for clarification
on Mr. Ravenkamp's objective to save the 1914 portion of the building.
Commissioner Householter requested a five minute break and reconvened at 6:30 p.m.
Mike Forristal, owner of Lee Buildings at 248-250 N. Santa Fe, noted the maintenance and
upkeep on the buildings along with the current value of the buildings, provided
information about low income tax credits and the lack of city support to develop the
property to low income housing and he too will be coming to the commission soon to make
a similar request for demolition.
Jim Brown, 214 S. Columbia, asked the commission to rescind the request to demolish the
St. John's Hospital and would like to see the 1914 portion of the building maintained.
Donnie Marrs, 2035 E. Iron, provided information regarding historical preservation and the
relevance of the property maintenance code to this issue and would urge the commission to
rescind the Heritage Commissions decision.
Kent Buer, Chairman of Salina Regional Health Center Board of Trustees noted the boards
goal for this building and would like the Commission to back the Heritage Commission.
Larry Pankratz, 125 S. Presley, noted he visited the St. John's Hospital property multiple
times for utilizing the building as an apartment complex and would support tearing the
building down.
Todd Luckman, wanted to clarify the option to defer the decision for one year and that the
City Commission does not have the ability to impose the decision. Mr. Luckman responded
to Commissioner Householter's question pertaining to sending the item back to the
Heritage Commission. Mr. Luckman noted that the Commission could request the Heritage
Commission to provide additional facts.
Jason Gage, City Manager clarified an earlier statement of postponing an item indefinitely
versus tabling the item indefinitely. Mr. Luckman provided additional information.
Jack Hinnenkamp, noted that he was born in this building, provided the yearly cost to
maintain the building and Salina Regional Health Center is asking for any ideas to develop
the property.
Mr. Andrew responded to Commissioner Crawford's question regarding the timeframe
allowed once a permit has been filed.
Commissioner Blanchard has a number of questions pertaining to the item and thought
Planning staff put together a well informed packet provided. Commissioner Blanchard
talked about the seven findings that the Heritage Commission must consider in order to
take favorable action. Commissioner Blanchard provided his point of view and opinions of
the seven findings and doesn't feel the Commission has been provided enough information
to make a decision.
Mr. Gage clarified that the Commission can ask for additional information before making a
final decision.
Page 4
1
M
Mr. Hinnenkamp responded to Commissioner Blanchard's question pertaining to Salina
Regional Health Center making a more detailed marketing effort before the demolition
takes place.
Mike Schrage, Deputy City Manager, responded to Commissioner Blanchard's question
pertaining to the issuance of the demolition permit. Mr. Gage also responded.
Mr. Hinnenkamp responded to Commissioner Blanchard's question pertaining to the
conceptual plan of the property if the 1914 portion of the building remained. Commissioner
Blanchard thinks the work in the community by Salina Regional Health Center has been
great works and they are a great community partner. Commissioner Blanchard noted the
lack of redevelopment in this town and the need to get ahead of that curve and he would
like to save the building. Commissioner Blanchard would like to appeal the appeal and
give 180 days to allow the Board of Trustees and the developers to work towards saving the
building. Mr. Hinnenkamp responded.
Mr. Hinnenkamp responded to Commissioner Hardy's questions regarding the ability to
keep the 1914 building standing and to tear down the surrounding buildings and the
current stability structure of the 1914 building versus the later built portion.
Mr. Hinnenkamp responded to Commissioner Hardy's question regarding the fortuity of
the use of the building in 1995, (SRHC planned to utilize both buildings but it just didn't
happen as planned)
Mr. Gage responded to Commissioner Blanchard's question of staff with the ability to form
a contingency option. Mr. Luckman also responded. Mr. Gage also responded to
Commissioner Blanchard's question pertaining to the appropriate timeframe to offer for the
potential development of the property. Mr. Schrage also responded.
Mr. Hinnenkamp responded to Commissioner Householter's question seeking information
on the KW Comprise business.
Mike Forristal, owner of Lee Buildings at 248-250 N. Santa Fe, provided information on the
low income tax credits.
Commissioner Householter thinks the property maintenance code comes into play and the
hospital did not' fully maintain the property but agrees with Commissioner Blanchard on
taking the rigid standards a little more seriously for redevelopment of historical buildings
in the future. But he would also like to see the best effort into keeping the building
standing.
Larry Britigem, Salina Regional Health Center Board of Trustees, stated that over the last
nine years a lot of conversations have taken place in several board meetings of what can be
done with the St. John's hospital and does not feel you can compare this building with the
Stiefel Theatre or the Roosevelt -Lincoln Middle School remodel. He also noted that it does
not make economic sense to keep the building standing as it is right now and it is better to
tear the building down.
Mr. Luckman reminded the commission the option to go into quasi-judicial session to make
a final decision.
Commissioner Blanchard did not feel a quasi-judicial session would be needed and asked
what harm waiting six months could do to the situation.
Gary Swartzendruber, 528 S. College, asked the Commission if they can put their necks out
Page 5
M
14-0012
D
N
N
0
U
14-0013
n
14-0014
M
on the line to put up bonding or tax increment financing.
Commissioner Householter supports the option of bonding or tax increment financing.
Mr. Hinnenkamp and John Burger, Assistant Planner, responded to the square footage of
the building including the basement.
There being no further comments the public hearing was closed.
Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to postpone consideration
of the application to allow the applicant to provide additional information. Aye: (5). Nay: (0).
Motion carried.
Mr. Gage and Mr. Luckman noted that a specific date needs to be set in order to postpone
the item.
Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to postpone consideration
of the application until April 14, 2014 to allow KW Comprise to provide additional information.
Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of January 6, 2013.
(6.2) Approve agreement with Wilson & Company, Inc., Engineers & Architects (WCEA),
for Wastewater Collection (WWC) System Telemetry Improvements, Project. No.
13-3009.
(6.3) Award of contract for the 2014 Crack and Joint Maintenance, Project No. 14-3017, to
Circle C Paving and Construction, LLC in the amount of $346,850.86.
(6.4) Resolution No. 14-7070 amending revision to the City of Salina Personnel Manual.
(6.5) Resolution No. 14-7069 amending the City of Salina Classified Pay Plan to include
Animal Shelter employee classifications.
(6.6) Consider the grant of an ingress -egress easement and utility easement to provide
vehicular access and utility services to a wireless telecommunication tower site,
being leased by Nex-Tech Wireless from the City of Salina, north of Kenwood Cove
Aquatic Center.
(6.7) Resolution No. 14-7072 authorizing the Mayor to sign a license agreement with
Salina Regional Health Center authorizing a private fiber optic cable to be placed in
the North Oakdale Avenue and East Elm Street right-of-way
Moved by Commissioner Householter, seconded by Commissioner Crawford, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) First reading Ordinance No. 14-10728 amending the Salina Code, Section 2-235, to
amend the procedures in contracting for services related to public improvements.
(7.1a) Declare an emergency exists for second reading on the same day.
(7.1b) Second reading Ordinance No. 14-10728.
Page 6
14-0015
Z
14-0016
D
O
14-0C#7
14-0018
Jason Gage, City Manager, explained the code revision and the need for first and second
reading at this meeting.
Moved by Commissioner Householter, seconded by Commissioner Hardy, to pass Ordinance No.
14-10728 on first reading. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Householter, seconded by Commissioner Blanchard, to declare a
compelling public purpose exists for second reading approval of Ordinance No. 14-10728 on the
same day as the first reading. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Blanchard, seconded by Commissioner Householter, to adopt Ordinance
No. 14-10728 on second reading. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Hardy,
Householter, Shirley. Nay: (0). Motion carried.
Mayor Shirley asked for a short break at 7:56 p.m. and reconvened at 8:01 p.m.
(7.2) Authorization to utilize alternate procurement method for a qualifications based
process to select a Construction Manager at Risk (CMAR) related to upcoming
renovations of the Bicentennial Center.
Dion Louthan, Director of Parks and Recreation, explained the advantages of Construction
Management at Risk and staff recommendation.
David Gruesel, Convergence Design, responded to Commissioner Hardy's question
pertaining to the frequency of communication between the designer and the construction
manager. Jason Gage, City Manager, also responded.
Mr. Louthan responded to Commissioner. Blanchard's question pertaining to the order of
events and starting timeline. Mr. Gage responded to Commissioner Blanchard's question
pertaining to change orders or contingency funds.
Mr. Louthan & Mr. Greusel responded to Commissioner Blanchard's question pertaining to
the timing aspect for construction due to the building remaining open during the
construction.
Moved by Commissioner Hardy, seconded by Commissioner Householter, to authorize staff to
proceed with seeking Requests for Qualifications of a Construction Manager at Risk associated
with the upcoming remodeling of the Salina Bicentennial Center. Aye: (5). Nay: (0). Motion
carried.
(7.3) Authorization to request qualifications for owner's representative to be employed as
the City of Salina's agent related to upcoming renovations of the Bicentennial
Center.
Dion Louthan, Director of Parks and Recreation, explained the staff recommendation,
inspection responsibilities of the designer, past practice, and tasks of the representative.
Mr. Louthan & Jason Gage, City Manager, responded to Commissioner Hardy's question
regarding the renovations falling on budget. Mr. Gage also noted the importance of the
owner's representative.
Commissioner Householter thought the owner's representative is like a mom.
Commissioner Blanchard noted the need for the representative.
Mr. Louthan responded to Commissioner Blanchard's question pertaining to the cost of
Page 7
J
having the owner's representative and if money was moved to the best utilized place.
14-0019 Moved by Commissioner Householter, seconded by Commissioner Hardy, to authorize staff to
proceed with distributing Requests for Qualifications for Owner's Representative services
associated with the upcoming remodeling of the Salina Bicentennial Center. Aye: (5). Nay: (0).
Z Motion carried.
a
W
m
(7.4) Resolution No. 14-7068 authorizing the Mayor to execute an Architect Agreement
with Convergence Design LLC setting forth the terms and conditions relating to
Convergence's proposed architectural and engineering design services for the Salina
Bicentennial Center Renovations, Project No. 13-3012.
Dion Louthan, Director of Parks and Recreation, explained the renovations approval,
request for qualifications process and objective, interview questions and reference checks,
staff recommendation, proposed agreement and approval.
David Greusel, Convergence Design, LLC, introduced the Construction Manager and
provided information on his background experience and company information.
Mr. Gage noted the design company will update the facility to modern appearance.
Mr. Greusel responded to Commissioner Hardy's question pertaining to the proximity of
the design firm to the facility location.
Mr. Louthan responded to Commissioner Blanchard's question on the coordination level of
the contractors, the design firm, the owner's representative and the Construction Manager
at Risk. Mr. Louthan and Mr. Gage responded to Commissioner Blanchard's question
pertaining to the rigging work contract.
14-0020 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to adopt Resolution
No. 14-7068. Aye: (5). Nay: (0). Motion carried.
(7.5) First reading Ordinance No. 14-10727 amending Chapter 38, Article 1 of the City of
Salina Code by adopting the 2013 Standard Traffic Ordinance for Kansas Cities.
(7.5a) Declare an emergency exists for second reading on the same day.
(7.5b) Second reading Ordinance No. 14-10727.
Greg Bengtson, City Attorney, explained the Standard Traffic Ordinance, summarized the
highlights of the major amendments and adoption of the ordinance.
14-0021 Moved by Commissioner Householter, seconded by Commissioner Hardy, to pass Ordinance No.
14-10727 on first reading. Aye: (5). Nay: (0). Motion carried.
14-0022 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to declare a
compelling public purpose exists for second reading approval of Ordinance No. 14-10727 on the
same day as the first reading. Aye: (5). Nay: (0). Motion carried.
14-0023 Moved by Commissioner Householter, seconded by Commissioner Hardy, to adopt Ordinance No.
14-10727 on second reading. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Hardy,
Householter, Shirley. Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
Page 8
J
0
Z
a
LU
D
d
c0
a
N
U
14-0024
14-0025
14-0026
14-0027
14-0028
(8.1) Resolution No. 14-7071 authorizing the Mayor to execute a license agreement with the
owner of Lot 1, Block 1 of the Kwik Shop Addition for the cooperative placement and
maintenance of landscaping in the Centennial Road and Crawford Street right-of-way and
the placement and ongoing maintenance of a stormwater detention area in the Centennial
Road right-of-way to facilitate the construction of a new Kwik Shop convenience store.
Dean Andrew, Director of Planning, explained the application. Previous vacation approval
site development plan conditions, landscape plan and proposed license agreement.
Mr. Andrew responded to Commissioner Blanchard's questions regarding any changes to
the proposed site development plan considered by the Commission previously or the
stormwater detention pond.
Charlie Brown, Professional Engineering Consultants, is in agreement with the staff report
presented by staff.
Todd Mills, Kwik Shop, responded to Commissioner Hardy's question pertaining to the
construction timeline.
Mr. Andrew & Mr. Mills responded to Commissioner Blanchard's question pertaining to
the use of a pump in the stormwater detention pond and replacement method of pump if
needed.
Moved by Commissioner Householter, seconded by Conunissioner Hardy, to adopt Resolution
No. 14-7071. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
(9.1) Request for executive session (legal).
Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to recess into executive
session for 30 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 reconvene at 9:25 p.m.
The City Commission recessed into executive session at 8:51 p.m. and reconvened at 9:25
p.m. No action was taken.
Mayor Shirley left the meeting at 8:55 p.m.
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 9:25 p.m. and reconvened at 9:40
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 9:40 p.m. and reconvened at 9:55
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.
Page 9
The City Commission recessed into executive session at 9:55 p.m. and reconvened at 10:30
p.m. No action was taken.
ADJOURNMENT
14-0029 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, that the regular meeting
W of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The
meeting adjourned at 10:30 p.m.
0
U
[SEAL] Barbara V. Shirley, Mayor
ATTEST:
Shan �Wicks, CMC, Interim City Clerk
Page 10