02-23-2015 MinutesL
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
February 23, 2015
N 4:00 p.m.
The City Commission convened at 3:45 p.m. for Citizens Forum.
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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.
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" Those present and comprising a quorum: Mayor Aaron Householter (presiding), Commissioners
Jon R. Blanchard, Kaye J. Crawford, and Trent Davis.
Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager; Greg
Bengtson, City Attorney; and Shandi Wicks, City Clerk.
Absent: Commissioner Randall R. Hardy.
AWARDS AND PROCLAMATIONS
None.
CITIZEN FORUM
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Appeal hearing on the denial of an application by Palmer Truck and Trailer Repair to be
included in the Salina Police Department's vehicle towing rotation list.
Jason Gage, City Manager, explained the process. Mr. Gage continued to summarize the
request and denial of the application.
Roy Palmer, Palmer Truck and Trailer Repair, provided information regarding the appeal
hearing in 2013, his understanding of the information provided to Mr. Palmer at that time
and provided information regarding a business established by his wife. Mr. Palmer
distributed paperwork to the Commission that included business references and. additional
information regarding his company.
Commissioner Blanchard asked about the various company names listed on the paperwork
(Palmer Towing & Recovery, LLC and All American Towing, LLC). Mr. Palmer responded
by stating that All American Towing, LLC was one of the businesses he owned and Mrs.
Palmer transferred it to Palmer Towing & Recovery LLC.
Commissioner Blanchard asked what entity was making the application to the City of
Salina. Mr. Palmer responded by stating himself individually doing business as Palmer
Truck and Trailer Repair.
Commissioner Blanchard also asked if the court case listed Mr. Palmer as an individual or
did it list the company. Mr. Palmer responded by stating that the case was against himself
as an individual.
Commissioner Davis asked if the charges in the court case were misdemeanor charges. Mr.
Bengtson stated he would look at the paperwork and respond.
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Commissioner Blanchard stated that he did recall at the last appeal hearing the
conversation regarding sufficient time allowed for the applicant to redeem himself.
Mr. Gage provided information on the technical items required by the code and noted that
the technical items could be resolved quickly.
W Commissioner . Blanchard asked when the past appeal hearing took place. Mr. Gage
responded by stating before December 2013.
Commissioner Blanchard asked when the City received the letter from the Kansas Highway
Patrol. Mr. Gage responded by stating that the letter was received in September 2013.
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Commissioner Blanchard read a portion of the letter. Mr. Palmer responded by stating that
he owned a separate company from his wife.
Joyce Palmer, Palmer Towing & Recovery, LLC provided information on the business she
owned. She went on to say that her intension was to create a business and lease the vehicles
from Mr. Palmer to own and operate her own company.
Mayor Householter provided his thoughts on the denials and asked what the process
would be to suspend or terminate a contract. Mr. Gage provided information from Salina
Code Section 38-62 pertaining to suspension or termination of contract.
Commissioner Blanchard stated that the denial does not mean that the towing company
could not operate in Salina, simply that they could not be included in the vehicle towing
rotation list for the Salina Police Department. Mr. Gage responded by stating that a vehicle
owner could pick the towing company of their choice but could also use a towing company
on the vehicle towing rotation list.
Commissioner Davis asked Mr. Palmer if the court gave him a probationary period for the
charges imposed. Mr. Palmer stated that he was ordered to pay a fine and was sent on his
way. Commissioner Davis also asked if there had been additional fines since that time. Mr.
Palmer responded by stating no. Mr. Palmer also stated a reference from a local business
that used Mr. Palmer's company.
Commissioner Davis also asked if the fines imposed by the courts involved his local
customers. Mr. Palmer stated no, the case involved title verification work for an individual
he was doing a favor for.
Mr. Gage also stated that the two reasons he denied the application were for the closeness
in proximity in the misdemeanor charges along with the letter received from the Kansas
Highway Patrol.
Commissioner Davis provided his thoughts on the denial and provided an example of
when an individual loses their license and ability to practice. Mr. Gage stated that the City
issues different types of licenses and the amount of time allowed to reapply if the applicant
had a charge were different.
Commissioner Davis asked if staff was comfortable working with Palmer Truck and Trailer
Repair. Mr. Gage responded by stating that the staff does not have any issues with the
company itself.
Mr. Bengtson provided information regarding the criminal charges imposed to Mr. Palmer.
Commissioner Davis asked Mr. Palmer what he had done differently since the charges
were filed against him. Mr. Palmer stated that he follows the letter of the law.
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Commissioner Crawford asked if the fencing and the hours of operation were resolved at
this point. Mr. Palmer stated that those items had not been resolved. Mrs. Palmer stated
that they currently are not open on Saturday's so their intentions were to post the hours of
operation including Saturday hours and repair the fencing once added to the vehicle
rotation listing.
Mr. Gage stated that the intention for the hours of operation were for property owners to
have the ability to pick up their vehicles from the towing lot.
Mr. Bengtson stated that the applicant listed on the application submitted to the Kansas
Highway Patrol was an alter ego. Mr. Bengtson asked Mr. Palmer if he had submitted an
application to the Kansas Highway Patrol since the 2013 submittal. Mr. Palmer stated that
he talked to the Commander with the Kansas Highway Patrol and was advised once he
was included in the City of Salina's rotation; they would consider a probationary
acceptance on the rotation list. Mr. Palmer stated that he currently was on the towing
rotation list for the Saline County Sheriff's Office and counties in the surrounding area.
Commissioner Blanchard asked about the complaints received by the Salina Police
Department in 2011 and if the towing company were notified of the complaints. Lt. Pruitt
responded by stating he was unaware since the complaints were handled by higher
management.
Commissioner Davis provided his thoughts on the denial and would prefer a probationary
period but would recommend allowing Mr. Palmer's company in the rotation listing.
Commissioner Blanchard asked how many companies were currently on the vehicle towing
rotation listing. Mr. Gage responded by stating three (3).
Commissioner Blanchard asked if staff had received any complaints on the current three (3)
companies listed on the vehicle towing rotation listing. Lt. Pruitt responded by stating that
the Police Department had received minor complaints that were handled administratively.
Commissioner Blanchard asked if the approvals of the current towing companies were able
to meet the criteria easily. Mr. Gage responded by stating that there were minor technical
aspects that needed to be met but the applicants were able to meet those aspects fairly
quickly.
Commissioner Blanchard asked for the number of vehicles towed in a year. Lt. Pruitt stated
that he was unsure. Commissioner Blanchard asked if the number was at least 1,000. Lt.
Pruitt stated that there were probably at least that many and continued to provide
additional information on the towing of vehicles.
Commissioner Blanchard provided his thoughts on the denial.
Commissioner Davis asked if the current companies on the rotation list were required to
reapply yearly. Mr. Gage stated that the current companies were on a two year contract.
Commissioner Davis asked if it was an administrative burden to review the companies on
the rotation list on a six month period of time. Mr. Gage responded by stating that the
ability to review the companies would not be a burden to staff.
Mayor Householter provided his thoughts on the applicant and the need to allow Mr.
Palmer to be added to the list.
Mayor Householter asked how the prices were determined. Mr. Gage responded by stating
that the prices are figured as part of the agreement.
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Mr. Gage asked that if the Commission would allow Palmer Truck and Trailer Repair to be
added to the rotation list to provide a time frame for the technical items to be resolved.
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Moved by Commissioner Davis, seconded by Mayor Householter, to direct staff to place Palmer
Truck and Trailer Repair to the Salina Police Department's vehicle towing rotation listing with the
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requirement to have all technical items resolved within 30 days.
Commissioner Davis provided his thoughts on the denial and the need to determine a
reasonable amount of time the charges would be held against Mr. Palmer.
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Mr. Bengtson noted that the Commission was able during a quasi-judicial role to recess into
closed door session.
Mr. Gage stated that if an application was submitted in the future, he would look at the
application individually and without perpetuity.
Mayor Householter asked how the pricing was figured for the towing. Mr. Bengtson stated
that the priced was figured through a similar process to a bidding process. Mr. Gage stated
that if Mr. Palmer's company was included in the vehicle towing rotation listing, he would
have to honor the current pricing in place.
Commissioner Blanchard stated that he was representing the general public and that
individuals in the community are very forgiving and he felt that the criminal charges were
a little too close to this time to feel comfortable enough to overturn the item.
Commissioner Crawford stated that she was here to represent the general public and
because of the deceptive practices by Mr. Palmer, she could not support Commissioner
Davis' motion.
Mayor Householter called the question. Aye: (2). Nay: (2) Blanchard, Crawford. Motion
failed.
(5.2) Public hearing to consider adoption of Resolution Nos. 15-7182 and 15-7184 declaring
certain structures located at 234 S. Phillips Avenue and 627 S. 5th Street, to be unsafe and
dangerous; directing that the structures be repaired or removed, and establishing a
reasonable time within which the repair or removal of such structures shall commence and
be completed.
Mayor Householter opened the public hearing.
Jim Brown, Building Official, explained the process, state statutes, and condition of
structures.
Commissioner Davis asked if the owner does not respond will the City demolish the home.
Mr. Brown stated that the City would demolish the home, bill the homeowner and if left
unpaid, would be assessed to the property taxes.
Commissioner Blanchard asked if there was an appeal process on this matter. Jason Gage,
City Manager, stated that the matter would be taken to District Court.
Linda Bennett, 2644 Belmont Blvd (property owner), stated that she owned 17 rental
properties with her husband (he has passed away), and has sold all of the properties with
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the exception of this one.
Staton Diehl, Diehl Enterprises, 521 Bishop, stated that a demolition permit was filed today
to demolish the property and would be able to demolish the property by the timeline
allotted.
Mr. Gage stated that the Commission would need to take action on the resolution to declare
that the structure was unsafe and dangerous.
Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to adopt Resolution
No. 15-7182 finding that the structure located at 234 S. Phillips Avenue is unsafe and dangerous;
directing that the structure be repaired or removed and the premises made safe and secure; fixing
a time of 14 days (on or before March 9, 2015) within which the repair or removal shall commence;
and an additional 31 days (on or before April 10, 2015) within which the repair or removal shall be
completed; and authorize staff to proceed with the demolition or repair if the owner fails to
comply. Aye: (4). Nay: (0). Motion carried.
Mr. Brown, provided information on the condition of the structure located at 627 S. 5th
Street.
Norma Wilson, 133 S. Penn, stated that she inherited the house from her mother and that
her daughter lived in this home off and on over the past few years. Her daughter intended
to repair this home and had difficulties with the neighbors and decided to scrap the idea
and move on. Mrs. Wilson stated that she would not contest the demolition of the structure.
Mayor Householter stated that Mrs. Wilson might want to contact the demolition
contractor directly to see if the cost of the demolition would be cheaper for her individually
and provided information regarding the cost of the demolition if the City would demolish
the structure. Mayor Householter asked staff if there were funds available through the
Homeowner's Assistance Fund to help recover costs for the demolition. Gary Hobbie,
Director of Development Services, responded by stating that current grant funding was not
available at this time.
Mayor Householter asked if Habitat for Humanity would be interested in the property. Mr.
Hobbie responded by stating that Habitat for Humanity was not funded adequately to
handle demolition of a structure and rebuild on a vacant lot.
Commissioner Blanchard asked if Mrs. Wilson had the opportunity to meet with staff
regarding the options available to her for the demolition of the property. Mr. Hobbie
responded by stating that staff had sent multiple correspondences to Mrs. Wilson regarding
the dangerous structure but have not had an opportunity to talk to her. Commissioner
Blanchard asked if staff could provide Mrs. Wilson with the options available to her.
Commissioner Davis asked if the property was fenced off. Mrs. Wilson responded by
stating that the backyard was fenced. Mr. Brown stated that the backyard was fenced and
staff did not feel the structure was in as bad disrepair as the first structure discussed. Mr.
Brown did indicate that staff had provided information to Mrs. Wilson regarding the
options available on the demolition of the structure.
Commissioner Davis asked if the dates within the resolution could be changed. Mr. Hobbie
responded by stating that the dates could be changed if needed.
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Commissioner Blanchard asked for additional information on the dates set within the
resolution on the demolition of the structure. Mr. Hobbie stated that the date of March 9,
2015 was established to allow the owner to repair or remove the building or structure and
to make the premises safe and secure with substantial completion by April 10, 2015. If the
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owner fails to repair or remove the structure within the time stated, the City of Salina
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Commissioner Davis asked Mrs. Wilson if 14 days was enough time for her to work with a
contractor to determine what she wanted to do. Mrs. Wilson responded by stating that 14
days would be enough time.
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There being no further comments the public hearing was closed.
15-0054 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to adopt Resolution No.
15-7184 finding that the structure located at 627 S. 5th Street is unsafe and dangerous; directing that
the structure be repaired or removed and the premises made safe and secure; fixing a time of 14
days (on or before March 9, 2015) within which the repair or removal shall commence; and an
additional 31 days (on or before April 10, 2015) within which the repair or removal shall be
completed; and authorize staff to proceed with the demolition or repair if the owner fails to
comply. Aye: (4). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve minutes of February 9, 2015.
(6.2) Resolution No. 15-7181 authorizing a professional services contract for physician services
as the Fire Department's Medical Director.
(6.3) Authorize a contract with Caterpillar to rebuild the Landfill compactor (Unit #1841) for
$315,000.
(6.4) Approve the design contract with DMA Architects, PA, of Salina, Kansas for the children's
interactive area of the Smoky Hill Museum.
Commissioner Blanchard requested that Item 6.4 be removed from the consent agenda.
15-0055 Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to approve the
consent agenda less item 6.4. Aye: (4). Nay: (0). Motion carried.
(6.4) Approve the design contract with DMA Architects, PA, of Salina, Kansas for the children's
interactive area of the Smoky Hill Museum.
Commissioner Blanchard asked about the funding of the project. Brad Anderson, Director
of Arts and Humanities, explained that the $347,900 was the cash budget for the project and
the remaining would be used for outfitting and normal care of the equipment within the
area.
Commissioner Blanchard asked who the contract parties were and how the funds were
raised for the project. Mr. Anderson responded by stating that the item was brought to the
City Commission because the Smoky Hill Museum was a city asset and the project was
partially funded by city money. The funds raised by the Friends of the Smoky Hill
Museum would be transferred to the city funding account.
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15-0056
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Mr. Anderson stated that the museum staff had worked 18 months on developing,
prototyping and researching the project, the Friends of the Smoky Hill Museum assisted
with paying for museum staff to tour museums in other parts of the United States.
Commissioner Blanchard asked about the work performed by DMA Architects at the
museum in the past. Mr. Anderson stated that DMA Architects performed the work on the
main galleries of the museum and were familiar with the system of the museum.
Commissioner Blanchard asked what would happen if the funds were not able to be
secured for the project. Mr. Anderson responded by stating that the scope of the project or
timeline would have to be adjusted. Mr. Anderson also stated that almost a third of the
project funds were already secured for the project.
Moved by Commissioner Blanchard, seconded by Commissioner Davis, to approve the design
contract with DMA Architects, PA, of Salina, Kansas for the children's interactive area of the
Smoky Hill Museum. Aye: (4). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Second reading of Ordinance No. 15-10766 requesting review and possible amendment of
the Bicycle Route Map (Figure 2.10) of the Salina, Kansas Comprehensive Plan to substitute
an internally produced Bicycle Master Plan Map that would more clearly depict the goals
and priorities of the cycling community than the current Bicycle Route Map (Figure 2.10) in
the Comprehensive Plan document.
Mayor Householter noted that Ordinance No. 15-10766 was passed on first reading on February 9,
2015 and since that time no comments have been received.
Moved by Commissioner Davis, seconded by Commissioner Crawford, to adopt Ordinance No.
15-10766 on second reading. A roll call vote was taken. Aye: (4) Blanchard, Crawford, Davis,
Householter. Nay: (0). Motion carried.
(7.2) Resolution No. 15-7177 adopting the 2015-2019 Capital Improvement Program.
Rod Franz, Director of Finance and Administration, explained the projects, the funding and
noted the change of the East Cloud Street Improvements from Ohio to the Levee from a
2018 project and the Cedar Ridge Drive Improvements to Markley Road from a 2019 project
to identified but unfunded projects.
Commissioner Blanchard asked if there was a possibility to develop a benefit district for the
improvements. Jason Gage, City Manager, responded by stating that there would be an
option to set up a benefit district.
Commissioner Blanchard asked if there was anything within the development agreement
stating that Dillon's could not oppose the benefit district for repairs on Cloud Street. Mr.
Gage responded by stating the agreement did not include a provision for a benefit district.
Commissioner Davis asked about the special sales tax funding for the projects. Mr. Franz
responded by stating that the special sales tax funding would be to pay for the
improvements of the Bicentennial Center.
Commissioner Blanchard asked if recreation fees could be designated to be used for
funding projects. Mr. Franz responded by stating that a portion of the fees could be
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designated for the Parks & Recreation projects. Mr. Gage responded by stating that the
creation of a Parks & Recreation Comprehensive Master Plan would be a good idea and
staff would work to put a plan together and bring that back to the commission at a later
date.
Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to adopt Resolution
No. 15-7177 adopting the 2015-2019 Capital Improvement Program. Aye: (4). Nay: (0). Motion
carried.
(7.3) Resolution No. 15-7179 approving a license agreement with United Building of a Salina, Inc
to allow for a system of support and return lines for a cooling tower serving 119 W. Iron
Avenue in the public right-of-way.
Dan Stack, City Engineer, explained the request, placement of the utility and mechanical
equipment, return lines, and the agreement.
Commissioner Blanchard asked what the fencing enclosure would be made of. John Burger,
Assistant Planner, stated that the fencing would be of either cedar or a "Trex" product to
match the look of the building.
Commissioner Blanchard asked if the street would be closed for the project. Mr. Stack
responded by stating that the contractor would bore under the ground and would not need
to close the street.
Moved by Commissioner Davis, seconded by Commissioner Blanchard, to adopt Resolution No.
15-7179 approving a license agreement with United Building of Salina, Inc. to allow for a system of
supply and return lines for a cooling water tower serving 119 W. Iron Avenue in the public right-
of-way. Aye: (4). Nay: (0). Motion carried.
(7.4) Resolution No. 15-7183 initiating proceedings by the Governing Body for street and
intersection improvements in the City of Salina, Kansas.
Rod Franz, Director of Finance and Administration, explained the project and funding.
Commissioner Davis asked if there was anything structurally wrong with the section of the
street. Mr. Franz responded by stating that the street was a little narrow and in need of
repairs.
Commissioner Davis asked if the project was a priority outside of the projects listed within
the Capital Improvement Plan. Jason Gage, City Manager, responded by stating that the
street was in need of repair due to being an impact street connecting to the Ohio Street
overpass.
Commissioner Davis asked if there would be sidewalks constructed as part of the project.
Mr. Gage stated that the sidewalks would be constructed on the west side of Ohio Street.
Commissioner Blanchard stated that the project was originally scheduled for 2016 but
accommodations were made to move the project up to be constructed in 2015 in
conjunction with the Bicentennial Center Improvements.
Mr. Gage spoke on street improvements and the need to perform more work on the city
streets.
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115-0060 Moved by Commissioner Davis, seconded by Commissioner Blanchard, to adopt Resolution No.
15-7183 initiating proceedings by the Governing Body for street and intersection improvements in
the City of Salina, Kansas. Aye: (4). Nay: (0). Motion carried.
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DEVELOPMENT BUSINESS
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W (8.1) Resolution No. 15-7180 authorizing the Mayor to execute a license agreement with Kansas
Wesleyan University to allow Kansas Wesleyan to install signs and maintain four (4)
recessed parking stalls in the Claflin Avenue right-of-way on the north side of the main
campus.
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Dean Andrew, Director of Planning, explained the request, including the location of the
parking stalls and signs.
Commissioner Blanchard asked if there were any protocols on enforcement of Kansas
Wesleyan University issuing parking tickets to violators parking in the spaces. Mr. Andrew
responded by stating that the university would not be allowed to issue parking tickets to
vehicle owners parking in those parking spaces.
Commissioner Blanchard asked if the license agreement was simply to make the four
parking spaces private parking spaces. Mr. Andrew stated yes, the license agreement
would allow the university to utilize parking spaces for their use.
15-0061 Moved by Commissioner Crawford, seconded by Commissioner Davis, to adopt Resolution No.
15-7180 authorizing the Mayor to execute a license agreement with Kansas Wesleyan University to
allow Kansas Wesleyan to install signs and maintain four (4) recessed parking stalls in the Claflin
Avenue right-of-way on the north side of the main campus. Aye: (4). Nay: (0). Motion carried.
(8.2) Resolution No. 15-7178 supporting the construction of the third sixteen unit multi -family
apartment complex at the Heritage at Hawthorne site located at 715 N. 9th Street.
Gary Hobbie, Director of Development Services, provided background on the project, the
development limitations, the nature of the current request and commission action.
Pat Beatty, Overland Property Group, provided information regarding the capacity of the
complex and the partnership with the Central Kansas Community Housing Development
Organization.
Lance Cochran, provided information on the Central Kansas Community Housing
Development Organization and his thoughts on housing in Salina.
Pastor Allen Smith, 1319 Parkwood, provided his thoughts on the need for affordable
housing in Salina and information on the Central Kansas Community Housing
Development Organization.
Mr. Beatty stated that Central Kansas Community Housing Development Organization
would be a co -applicant on this project and would be listed as a co-owner on the property
sharing the profits and development costs on the project.
Commissioner Davis asked for an estimate of the property tax reimbursement. Mr. Hobbie
responded by stating that the property was in the Neighborhood Revitalization Area. 100%
of the property tax would be rebated with the exception of the cost of the land.
Commissioner Davis asked how much money the rebate would equal. Mr. Beatty
responded by stating that approximately 75% of the property taxes paid in the first five
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years would be rebated based on the base value of the property set by the Saline County
Appraiser.
Commissioner Blanchard provided his thoughts on the need for affordable housing in
Salina and noted that Barbara Young of the North Salina Community Development
supported the project.
Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to adopt Resolution
No. 15-7178 supporting the issuance of the use of housing tax credits for an additional sixteen unit
multi -family apartment complex consisting of 100% low to moderate income tenants. Aye: (4).
Nay: (0). Motion carried.
OTHER BUSINESS
(9.1) Request for executive session (legal).
Moved by Commissioner Crawford, seconded by Commissioner Blanchard, 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 7:35 p.m.
The City Commission recessed for a five minute break at 7:00 p.m. then recessed into
executive session at 7:05 p.m. and reconvened at 7:35 p.m. No action was taken.
Moved by Commissioner Davis, 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 7:35 p.m. and reconvened at 7:50
p.m. No action was taken.
ADJOURNMENT
Moved by Commissioner Crawford, seconded by Commissioner Davis, that the regular meeting of
the Board of City Commissioners be adjourned. Aye:(4). (0). Motion carried. The meeting
adjourned at 7:50 p.m.
[SEAL]
ATTEST:
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Sha di Wics, CMC, City Clerk
K. Householter, Mayor
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