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04-06-2015 MinutesC Cl CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 6, 2015 4:00 p.m. N w 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. N C O " Those present and comprising a quorum: Mayor Aaron Householter (presiding), Commissioners Jon R. Blanchard, Kaye J. Crawford, Trent Davis, and Randall R. Hardy. Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Miki Orr-Muths, Administrative Assistant. AWARDS AND PROCLAMATIONS. (3.1) The month of April 2015 as "Child Abuse Prevention Month" in the city of Salina. Vicky Price, Education Director, CAPS, spoke of the activities planned for "Child Abuse Prevention Month" and introduced Ryan Wands who read the proclamation. (3.2) The month of April 2015 as "Sexual Assault Awareness Month" in the city of Salina. Amanda Oliver, Sexual Assault Advocate, Domestic Violence Association of Central Kansas, read the proclamation and spoke of the activities planned for "Sexual Assault Awareness Month". (3.3) The month of April 2015 as "Fair Housing Month" in the city of Salina. Hannah Caswell, Youth on Board Member, Salina'Human Relations Commission, read the proclamation and spoke of the activities planned for "Fair Housing Month". (3.4) The day of April 7, 2015 as "National Service Recognition Day" in the city of Salina. Nancy Klostermeyer, Executive Director, The Volunteer Connection, read the proclamation and spoke of the activities planned for "National Service Recognition Day". CITIZEN FORUM None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of March 23, 2015. (6.2) Approve the minutes of March 30, 2015. (6.3) Approve change order No. 1 for drilling support to Plains Environmental Services, Salina, Kansas, in the amount of $17,087.00; approve change order No. 2 for laboratory support to Continental Analytical Services, Inc. Salina, Kansas, in the amount of $84,218.00; approve change order No. 2 for surveying support to Wilson Page 1 u� Cl 15-01,40 D O 0 U 15-0111 15-0112 & Company, Inc. Engineers & Architects, Salina, Kansas, in the amount of $736.00; and award drilling and aquifer testing support to GSI Engineering, LLC, Wichita, Kansas, in the amount of $42,600.00. (6.4) Approve fabrication & installation agreement for the Bicentennial Center Plaza artwork to Matthew Dehaemers in the amount of $50,000.00. (6.5) Approve the minutes of April 2, 2015. Moved by Commissioner Hardy, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Resolution No. 15-7194 agreement with the Kansas Department of Transportation (KDOT) for federal aid funding for the replacement of the bridge on Greeley Avenue over the Smoky Hill River channel. Dan Stack, City Engineer, explained the process and the agreement with Kansas Department of Transportation (KDOT) for the replacement of the bridge on Greeley Avenue. Commissioner Hardy asked for an estimated time of completion for the project. Mr. Stack stated that he was not certain when it would begin. KDOT is letting the project. Mr. Stack mentioned that they were aware of the River Festival and he was hoping that it would be completed by the 2016 festival. Commissioner Blanchard asked for clarification on the 80% that was being funded from KDOT. Mr. Stack stated that the 80% pertained to anything construction related. Mayor Householter stated that the project has taken a while to accomplish because of the process staff needed to work through in order to obtain State funds. Moved by Commissioner Crawford, seconded by Commissioner Davis, to adopt Resolution 15- 7194 authorizing the Mayor to sign Agreement No. 494-14 with Kansas Department of Transportation (KDOT) for federal aid funding for the replacement of the bridge on Greeley Avenue over the Smoky Hill River channel, KDOT Project No. 85 U-2119-01 and City Project No. 08-2709. Aye: (5). Nay: (0). Motion carried. Commissioners Crawford, Blanchard and Davis expressed they were happy that this project was moving forward. It will help citizens and emergency vehicles with access and congestion to all the activities for the pool, fair and Bicentennial Center. (7.2) Resolution No. 15-7195 authorizing the Mayor to execute a real estate contract and lease with Birthright of Salina, Inc. in order to acquire property as part of the Bicentennial Center improvement project. Dion Louthan, Director of Parks and Recreation, explained the need to acquire property for the Bicentennial Center improvement project. Moved by Commissioner Davis, seconded by Commissioner Blanchard, to adopt Resolution No. 15-7195 authorizing the Mayor to execute a real estate contract and lease with Birthright of Salina, Inc. in order to acquire property as part of the Bicentennial Center improvement project. Aye: (5). Nay: (0). Motion carried. Page 2 1 'J (7.3) Resolution No. 15-7196 declaring it to be necessary that the City appropriate certain private property for the use of the City in the creation of a gateway to the Bicentennial Center and authorize the City Engineer to cause a survey and description of the affected properties to be made. Greg Bengtson, City Attorney, explained the necessity to appropriate private property for the use of the Bicentennial Center improvement project, the negotiation process and the steps in which the city will need to take to initiate the improvements on the project in the time frame that is required. Commissioner Hardy asked if the City and the property owner were using the same source for valuation of the property. Greg Bengtson stated that he could not speak for the owner, but the information the City had, was made available to the property owner. Dennis Fry, property owner, 330 S. Ohio and 332 S. Ohio, Salina, Kansas, stated he was opposed to the eminent domain process for the acquisition of his property. He also stated that he has tried to work with city staff in the negotiation process and was still willing to work with the City. He wants to negotiate a price that is market value and not real estate value so that it will allow him to purchase the same square footage of a home with storage. He asked for time to get legal counsel because he cannot make the timelines that the eminent domain process allows as it moves very quickly. He stated he wanted to see the plans for the project and that it was not fair for all parties involved in the area to not know what was going on. Mr. Fry stated he had tried on a couple of occasions to have the property rezoned as commercial but had been denied. He referenced an agreement that was made when the Ohio Street widening project was done stating the houses could not be condemned and the land in front of them could not be taken. Mayor Householter asked Mr. Bengtson if there was anything he wished to address regarding Mr. Fry's questions and concerns. Mr. Bengtson explained that the resolution represented the first step for the survey and legal description of the property in the eminent domain process. Today's action did not authorize the filing of the eminent domain proceedings. Mr. Bengtson also commented that staff thought it would be easier for all concerned if we simply obtained Mr. Fry's permission for the consulting engineers to enter the property for purposes of surveying and preparing the necessary legal descriptions so that the design work could be completed. Mr. Fry chose not to enter into that agreement so that is the reason why the formal request was brought to the Commission today. Mr. Bengtson added that he would look back at any documentation that occurred in regards to the Ohio Street widening project that Mr. Fry referenced. Mr. Fry addressed his knowledge of the agreement again regarding the Ohio Street widening project. He reiterated that he wanted to work with the City, but he knew that the surveying was the first step in the eminent domain process and he didn't want that to happen. Jason Gage, City Manager, clarified that the surveying of a property is the first step when acquiring property regardless of it being voluntary or involuntary. Commissioner Crawford stated that often times in these types of situations communication can break down. Mr. Fry stated that he thought it had. Commissioner Davis asked if he (Mr. Fry) were to look at the plans would it make any difference in coming to an agreement. Mr. Fry stated that it would make a difference in his heart when making a decision. Page 3 iJ �l 11 Mayor Householter stated he appreciated Mr. Fry's manner and his willingness to work with staff. Mr. Fry asked if he let surveyors on the property, would the eminent domain procedure stop. Mr. Gage stated that if Mr. Fry agreed to allow full access to the property for the survey, the Z resolution could be brought back at any time. a W Commissioner Blanchard asked for clarification on the encroachment and agreement from 78 the Ohio Street widening project. Mr. Gage responded by stating what he would need to 0 look at the documents to address the specific issue that Mr. Fry talked about. y Commissioner Blanchard asked about the timeline for eminent domain process. Mr. Bengtson responded that the first real step would be the ordinance authorizing the filing for the petition. Once that happens, typically there was a 90 day time period. Commissioner Blanchard asked Mr. Fry about his concern regarding rezoning the property. Mr. Fry stated he wanted to get it rezoned for commercial use and it was denied. He asked for clarification between the difference of a gateway area and a commercially zoned area. Commissioner Blanchard asked Gary Hobbie, Director of Development Services, to explain the process. A conversation ensued between Mr. Gage, Mr. Hobbie, Commissioner Hardy, Commissioner Blanchard and Mr. Fry regarding the rezoning process, acquisition process and valuation of the property. Mr. Gage stated again that if Mr. Fry allows the survey, the Commission wouldn't need to take action on the resolution at this time. Mr. Bengtson asked if Mr. Fry had seen the document that protected him from any claims of injury from an engineer that would enter his property. Dion Louthan, Director of Parks and Recreation, explained the he and Mr. Fry had a conversation about it, but he had not seen it. Mr. Louthan stated that at the time, Mr. Fry was not willing to sign the document and have surveyors on the property. Mr. Gage asked if Mr. Louthan had the document in his office for signature this evening. Mr. Louthan stated he had the document available in his office for Mr. Fry to sign. 15-0113 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to table Item No. 7.3 for action later in the meeting. Aye: (5). Nay: (0). Motion carried. (7.4) First reading Ordinance No. 15-10768, amending Salina Code Sections 31-1002 relating to the notice period for abatement of tall grass and weed nuisances by the City of Salina. Gary Hobbie, Director of Development Services, explained the changes to the Salina Code affecting the notice period for abatement of tall grass and weed nuisances. Commissioner Hardy stated that the mail seems to be a problem and asked if email could be used. Mr. Hobbie stated that a state statue dictates how notifications need to be handled and that email would not be an option. Commissioner Blanchard asked about the timeline of the notice procedure. Mr. Hobbie stated that the 10 -day time period starts from the mailing of the notice. Jason Gage stated it was a direct result of mail not being sorted and distributed through Salina. Page 4 ,15-0114 Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to adopt Ordinance No. 15-10768 on first reading amending the Salina Code Sections 31-1002 relating to the notice period for abatement of tall grass and weed nuisances by the City of Salina. Aye: (5). Nay: (0). Motion N carried. a (7.5) Resolution No. 15-7197 to consider a request for $35,000.00 in special sales tax funds W to fund Project OPEN for 2015, with $25,000.00 to be applied to the grant program N a and $10,000.00 applied to classroom training through the North Central Kansas a a Business Development Center (NCKBDC). N Jason Gage, City Manager, explained the funding request from the Salina Area Chamber of Commerce for Project OPEN for 2015. The newly formed Economic Development Organization (EDO) recommends that Project OPEN stay with the Chamber. Mr. Gage stated the Salina Economic Development Incentives Council (SEDIC) reviewed the request with regard to its technical merits only and recommended it be brought to the City Commission for approval of the grant. Commissioner Davis stated that being at the SEDIC meeting he learned that the program had proven its worth and should be funded. Commissioner Blanchard asked for clarification on the funding. Mr. Gage responded by giving the parameters that were looked at and how the funds were divided within the different entities involved in Project OPEN. A conversation ensued between Mr. Gage and Commissioner Blanchard regarding the EDO and the source of funds. Larry Powell, Director of Business Retention and Expansion, Salina Area Chamber of Commerce, addressed the Commission regarding Project OPEN and what the process entails for getting funding to assist with opening a business. He also explained the request for $25,000.00 for Project OPEN and the funding of $10,000.00 for NCKBDC. Commissioner Blanchard stated he wanted to reiterate what Commissioner Davis stated earlier and that it was a great program and helped entrepreneurs get started. Commissioner Hardy asked about the follow up with an applicant. Mr. Powell stated that they continue to mentor applicants beyond the initial start up phase. Commissioner Blanchard asked Mr. Powell what would happen if the City did not add funds to the program. Mr. Powell stated the program would still continue, but the grant portion would be phased out as funds ended. Commissioner Blanchard stated that Project OPEN was a success, but questioned how funding was allocated and that as a policy, funding should be provided by the entities that use it. The SEDIC funds were tax funds earmarked for economic development and that it will fund the EDO. Commissioner Blanchard stated that the Salina Area Chamber of Commerce should fund Project Open. A conversation ensued between Mayor Householter, the Commissioners and Mr. Gage regarding funding and the request for funds. Commissioner Davis asked if the Chamber contributed any of their money to the grant portion of Project Open. Mr. Powell responded that they did not put money into the same "silo" as the City for the grant portion. They created a fund to be used for outside the City limits and also there was a fund for outside of the downtown area. Page 5 U E( Commissioner Davis asked how the EDO would fit into Project OPEN's funding requests. Mr. Gage explained what needed to happen before the EDO would be up and running and that it was not for certain at this time. 15-0185 Moved by Commissioner Davis, seconded by Commissioner Crawford, to approve Resolution 15- Z 7197, authorizing funding agreement with the Salina Area Chamber of Commerce for its Project W OPEN program in the amount of $35,000.00 allocated from the economic development allocation of N the City's special sales tax. Aye: (4). Nay: (1) Blanchard. Motion carried. D d Commissioner Blanchard stated again that the program has great success but the funding N should be provided by the entities providing the services. A conversation ensued between the Commissioners, Mayor Householter and Mr. Gage on how the funding would occur when the EDO was running and what part the Salina Area Chamber of Commerce played in funding the grants. Mayor Householter spoke of a letter written to the Salina Journal by the current director of the Salina Area Chamber of Commerce in relation to how much they do and what they had done with Project OPEN without mentioning the funding that was given by the City of Salina. 15-0116 Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to bring agenda Item No. 7.3 back to the table. Aye: (5). Nay: (0). Motion carried. Greg Bengtson, City Attorney, reported that Mr. Fry did sign the agreement to allow a survey of the property and the Commission did not need to act on the resolution at this time. A conversation ensued between the Commissioners, Mayor Householter, Mr. Louthan, Mr. Gage and Mr. Bengtson on a postponement date for Resolution No. 15-7196. 15-0117 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to postpone action on Resolution No. 15-7196 until the April 27, 2015 Commission meeting. Aye: (5). Nay: (0). Motion carried. Commissioner Blanchard complimented Mr. Fry on how he handled addressing the Commission and working with staff and how that helps everyone out. DEVELOPMENT BUSINESS None. OTHER BUSINESS (9.1) Request for executive session (trade secrets). 15-0118 Moved by Commissioner Crawford, seconded by Commissioner Davis, to recess into executive session for 30 minutes after a short break _ to discuss confidential data relating to the financial affairs of a business entity for the reason that public discussion of the information would competitively disadvantage the corporation and matters pertaining to the acquisition of real estate for the reason that public discussion of the matter would adversely affect the City's position in relation to acquisition of the real estate and reconvene at 7:20 p.m. The City Commission recessed into executive session at 6:50 p.m. and reconvened at 7:20 Page 6 Z a D 15-0190 0 U Ei p.m. No action was taken. Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to extend the current executive session for an additional 20 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:20 p.m. and reconvened at 7:40 p.m. No action was taken. ADJOURNMENT Moved by Commissioner Crawford, seconded by Commissioner Hardy, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 7:40 p.m. [SEAL] ATTEST: Shandi Wicks, CMC, City Clerk Aaron K. Householter, Mayor Page 7