05-18-2015 MinutesE'l
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
May 18, 2015
4:00 p.m.
The City Commission convened at 2:30 p.m. for Community Engagement and 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 Jon R. Blanchard (presiding), Commissioners
Kaye Crawford, Trent Davis, Randall Hardy, and Karl Ryan.
Also present: Jason. Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson,
City Attorney; and Shandi Wicks, City Clerk.
AWARDS AND PROCLAMATIONS
(3.1) The day of May 21, 2015 as "Red Nose Day" in the city of Salina. Amanda
Michaelis, Salina Area United Way Executive Director, read the proclamation and
announced events associated with Red Nose Day.
(3.2) The day of May 23, 2015 as "Poppy Day" in the city of Salina. Sue Herrman, Vice -
President, American Legion Auxiliary, read the proclamation and announced
upcoming events.
(3.3) The week of May 17-23, 2015 as "National Public Works Week" in the city of Salina.
John Smutz with the Public Works Department, read the proclamation and
announced upcoming events.
(3.4) The month of May, 2015 as "Alfie's Month of Remembrance" in the city of Salina.
Megan Kappelman read the proclamation. Mayor Blanchard thanked the youth of
Salina for coming together following this tragedy.
CITIZEN FORUM
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on the 2014 special assessment projects.
(5.1a) Second reading Ordinance No. 15-10772 levying special assessments for
infrastructure improvements.
Commissioner Ryan recused himself due to a conflict of interest
Mayor Blanchard opened the public hearing.
Dan Stack, City Engineer, explained the projects, total costs and funding.
Mayor Blanchard asked if the warranty on the street improvements had expired and if so,
was the developer intending to fix the cracks. Mr. Stack responded by stating that the
warranty had expired and staff contacted the developer to repair the cracks within the
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streets prior to expiration of the warranty.
Mayor Blanchard asked when the warranty permit started. Mr. Stack responded by stating
that the warranty starts upon the substantial completion date of the project and the official
acceptance of the improvement.
Mayor Blanchard asked if the repairs occurred prior to the acceptance of the improvements,
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would the repair cost be added to the allocation of specials. Jason Gage, City Manager,
responded by stating that the cost of the repair would be paid by the developer.
Ray Hruska, 235 N. Santa Fe, stated he was confused about the context of the matter and
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Hruska explaining what the agenda item was about.
There being no further comments the public hearing was closed.
15-0191 Moved by Commissioner Crawford, seconded by Commissioner Davis, to adopt Ordinance No.
15-10772 levying special assessments for infrastructure improvements on second reading. A roll
call vote was taken. Aye: (4) Crawford, Davis, Hardy, Blanchard. Nay: (0). Motion carried.
Commissioner Ryan returned.
(5.2) Public hearing on the Sales Tax Revenue (STAR) Bond District.
(5.2a) First reading Ordinance No. 15-10775.
Mayor Blanchard opened the public hearing.
Michael Schrage, Deputy City Manager, explained the district, project and the letter
received from the Kansas Department of Commerce.
Gary Anderson, Gilmore & Bell, reviewed the process of the district formation, and
approval of the project plan.
Commissioner Crawford asked when step two was planned to come back to the City
Commission. Mr. Anderson stated that it was currently up in the air.
Commissioner Davis asked where the money for the costs incurred so far was coming from
in the budget. Mr. Schrage responded by stating that the money was coming from the
general fund.
Commissioner Davis asked if the sales tax base would still be going into the general fund.
Mr. Schrage responded by stating that the sales tax base would continue to go into the
general fund and the increment increase would go into a special fund. Jason Gage, City
Manager, stated that there would not be an increase to the mill levy which would affect the
entire city.
John Peterson, Polsinelh Law Group, Overland Park, on behalf of Salina, 2020, Inc.,
introduced a few members of the Salina 2020, Inc. and provided information on the
formation of the project.
Commissioner Hardy asked if the Polsinelli Law Group had been involved in STAR/TIF
Bond projects prior to this project. Mr. Peterson provided a list of projects his law firm had
worked on in the past.
Ray Hruska, 235 N. Santa Fe, congratulated the elected and re-elected members of the City
Commission and provided his thoughts on the creation of the district.
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Andrew Braum, 207 S. Third, asked how it was going to affect the low income individuals
that live within the district. Mr. Gage responded by stating that just because the property
was within the district did not mean that the property was going to be developed.
Mr. Braum also asked if he would receive additional mailings in the future regarding this
Z project. Mr. Gage stated that the property owners and tenants within the district would
W continue to receive additional mailings regarding the project.
William Hall, USD No. 305, stated that the presentation provided by Mr. Gage and Salina
2020, Inc. to the School Board was appreciated and thanked them for answering all the
questions of the board.
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There being no further comments the public hearing was closed.
Mayor Blanchard stated that it was his understanding that STAR Bond Districts were active
for a twenty year period. Mr. Anderson responded by stating that once the district was
formed, the maximum district timeframe was twenty years but could be shorted depending
on the project.
Mayor Blanchard asked if the district size was typical. Mr. Anderson responded by stating
that there were two types of districts and continued to explain the district types.
Mayor Blanchard asked if STAR Bond funds were eligible for needed maintenance and up
keeping. Mr. Anderson, responded by stating that the initial construction was the only
thing that was eligible for use of the STAR Bond funds.
Mayor Blanchard asked if there were typical downsides to the formation of the district. Mr.
Anderson responded by stating that properties could be added or removed from the
district but notice mailings would need to be mailed for properties added to the district.
Mayor Blanchard asked how the sales tax base was formed. Mr. Anderson responded by
stating that the base was formed upon the formation of the district.
Mayor Blanchard asked if public input process would be anticipated at the time of the
project plan. Mr. Peterson responded by stating that there would be individual public
hearing times set for the project plans.
Mayor Blanchard asked if design and engineering fees would be covered under the STAR
Bond District. Mr. Anderson responded by stating that design and engineering fees would
be covered by the district funds.
Mr. Schrage noted that the $50,000-$100,000 amounts listed in the blue sheet were
estimated review costs.
15-0192 Moved by Commissioner Hardy, seconded by Commissioner Crawford, to pass Ordinance No. 15-
10775 on first reading. Aye: (5). Nay: (0). Motion carried.
(5.3) Public hearing on the Tax Increment Financing (TIF) District.
(5.3a) First reading Ordinance No. 15-10776.
Mayor Blanchard opened the public hearing.
Michael Schrage, Deputy City Manager, explained the district and project.
Jason Gage, City Manager, explained that the City Commission had choices and flexibility
for the TIF District.
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Mayor Blanchard asked if the property values for the residential properties within the
district would change. Mr. Gage responded by stating that it would be hard to tell if the
property values would change.
A conversation ensued between Mayor Blanchard and Mr. Gage regarding the marketing
Z aspect of the district and the changes of the property values within the district.
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There being no further comments the public hearing was closed.
15-013 Moved by Commissioner Hardy, seconded by Commissioner Davis, to pass Ordinance No. 15-
10776 on first reading. Aye: (5). Nay: (0). Motion carried.
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CONSENT AGENDA
(6.1) Approve the minutes of April 11, 2015.
(6.2) Approve Change Order No. 3 for the following Specialty Contractor Agreements:
Drilling Support -Site Wide Remedial Investigation to Environmental Priority
Services, Inc., in the amount of $5,820.00 (Revised Agreement Amount $165,297.00);
and Drilling Support -Site Wide Remedial Investigation to GeoCore, Inc., in the
amount of $4,056.20 (Revised Agreement Amount $115,357.60)
15-0194 Moved by Commissioner Crawford, seconded by Commissioner Ryan, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Award of contract for the Ohio Street Improvements, Elm Street to North Street,
Project No. 14-3039.
Greg Bengtson, City Attorney, requested that the Commission recess into an executive
session to discuss the project.
15-0195 Moved by Commissioner Ryan, seconded by Commissioner Hardy, to recess into executive session
for 15 minutes to discuss 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 5:45 p.m.
The City Commission recessed into executive session at 5:30 p.m. and reconvened at 5:45
p.m. No action was taken.
Dan Stack, City Engineer, explained the bids received, the project scope and project budget.
Commissioner Hardy asked if there was an allowance for inclement weather with the
completion project being on December 18, 2015. Mr. Stack responded by stating that there
were portions of the job that could be done during the colder weather season. The
contractor projected that a majority of the project would be completed by Thanksgiving.
Commissioner Hardy asked if the completion date was established by staff or -the
contractor. Mr. Stack responded by stating that staff established the completion date.
Commissioner Davis asked if school district staff had notified the parents of the project. Mr.
Stack responded by stating that once the project was awarded and the phases of the project
were determined, staff would notify the school district.
Mayor Blanchard asked if the box culvert would accommodate for a trail underneath. Mr.
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Stack responded by stating that the culvert would be too narrow and would contain water.
Jason Gage, City Manager, asked Mr. Stack for clarification of the funding of the project.
Mr. Stack responded by stating that the remaining $250,000 would come out of Gas Tax
funds.
Moved by Commissioner Ryan, seconded by Commissioner Davis, to award the contract for Ohio
Street Improvements, Elm Street to North Street, Project No. 14-3039 to Pavers, Inc. in the amount
of $1,935,107.04 with a 4.3% contingency ($83,000). Aye: (5). Nay: (0). Motion carried.
(7.2) Resolution No. 15-7239 setting the date for public hearing to consider whether a
certain structure shall be condemned and ordered demolished or repaired.
Jim Brown, Building Official, explained the building official report and the background for
the need to start the process over on this property.
Commissioner Hardy asked if the court documents filed in Butler County would
automatically be forwarded to Saline County. Greg Bengtson, City Attorney, stated that the
court documents from Butler County typically would need to be filed in Saline County.
Commissioner Crawford asked if the son would be notified of the new public hearing date
as well. Mr. Brown stated that all three children would be notified.
Mayor Blanchard asked if staff had addresses for the daughters. Mr. Brown responded by
stating that staff did have the mailing addresses for all three children.
Mayor Blanchard asked what would happen to the. original resolution adopted. Mr.
Bengtson stated that it would be more appropriate to bring the original resolution back
after the public hearing on July 6, 2015 for action.
Mr. Gage stated that from a staff perspective, staff would not follow through with the
demolition due to the new action that took place today.
Mr. Bengtson stated that the Commission could suspend the original Resolution No. 15-
7200 today with a separate motion.
Moved by Commissioner Davis, seconded by Commissioner Hardy, to adopt Resolution No. 15-
7239 setting July 6, 2015 as the public hearing date for the dangerous structure located at 120 N.
2nd. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Davis, seconded by Commissioner Ryan, to suspend Resolution No. 15-
7200 regarding property located at 120 N. 2nd. Aye: (5). Nay: (0). Motion carried.
(7.3) Resolution No. 15-7238 amending Resolution No. 15-7186 and repealing Resolution
No. 15-7232 allowing for an additional 17 days for completion of the permitted
demolition work at 500 E. Pacific.
Gary Hobbie, Director of Development Services, explained the request.
Moved by Commissioner Davis, seconded by Commissioner Hardy, to adopt Resolution No. 15-
7238 amending Resolution No. 15-7186 and repealing Resolution No. 15-7232 allowing for an
additional 17 days for the completion of permitted work at 500 East Pacific until June 1, 2015. Aye:
(5). Nay: (0). Motion carried.
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(7.4) First reading Ordinance No. 15-10771 adopting the new Chapter 13 of the Salina
Code pertaining to equal opportunity and repealing the existing Chapter 13.
Gina McDonald, Director of Community Relations, explained the changes to Chapter 13.
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Commissioner Davis asked if one of the three Human Relations commissioners reviewing
w cases requested legal counsel and the director did not feel it was needed, would it still be
provided. Ms. McDonald responded by stating that a commissioner could request the need
for legal counsel.
N Commissioner Crawford stated that she went through the changes extensively and felt that
addition of the third commissioner reviewing cases would be a big benefit.
15-0200 Moved by Commissioner Davis, seconded by Commissioner Crawford, to pass Ordinance No. 15-
10771 on first reading adopting the new Chapter 13 of the Salina Code pertaining to equal
opportunity and repealing the existing Chapter 13.
Commissioner Crawford asked if the ordinance had been sent to HUD for approval. Ms.
McDonald responded by stating that the ordinance would be sent to HUD for approval.
Greg Bengtson, City Attorney, provided information regarding the need for HUD's
approval.
Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(8.1) Application #P15 -1/1A to consider acceptance of offered easement and access
control dedications on a final plat of an unplatted 31,920 sq. ft tract of land on the
west side of South Broadway Boulevard (to be platted and known as the Broadway
Addition) with the subject property located on the west side of Broadway
Boulevard between Walnut Street and South Street and is addressed as 230 South
Broadway Boulevard.
Dean Andrew, Director of Planning, explained the request, easement and dedications and
Planning Commission recommendation.
Commissioner Hardy asked if the Commission would need to look at the land use plan
today or at a later date. Mr. Andrew stated that it could be looked at today if the
Commission wished.
Mayor Blanchard stated that there were a lot of issues going on, but the action today was to
look at the easement. Mr. Andrew responded by stating that the action today was to accept
the offered easement and access control dedications on the final plat.
Michael Schrage, Deputy City Manager, stated that the ten properties would need to be
down zoned to another classification which would make the properties non -conforming to
the zoning district.
A conversation ensued between the Commission, Mr. Andrew and Jason Gage, City
Manager, regarding the designation of urban residential and the individual categories of
urban residential.
Mayor Blanchard asked if Broadway Boulevard was considered an impact street. Mr.
Andrew responded by stating that the intersection of Broadway and Crawford was an
impact intersection but State Street was not designated as a designated road to enter into
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Salina.
A conversation ensued between the Commission and Mr. Andrew regarding the zoning of
Broadway Boulevard and uses within the district.
Mr. Schrage stated that Broadway was an impact street but State Street was not designated
as a gateway area.
Mayor Blanchard asked if there was a possibility to have a gateway overlay district created
requiring properties to have paved driveways and front yard landscaping. Mr. Andrew
responded by stating that the creation was possible.
Warren Ediger, 631 E. Crawford, Suite 211, stated that the item before the Commission was
for acceptance of the easement, explained the plan for the development of the lot and
challenged the Commission to drive the area to look at the properties in the area.
Mayor Blanchard asked what the situation was that happened at the north end of the lot.
Mr. Ediger stated that the entrance would be off of Broadway and there was not a plan to
connect it to Cedar Street.
Mayor Blanchard asked if the applicant had applied for a building permit. Mr. Ediger
stated that the building permit was waiting on today's action.
Mayor Blanchard asked if the applicant would consider front yard landscaping. Mr. Ediger
stated that he would talk to the property owner, but noted that it was an option in I-2
zoning.
A conversation ensued between the City Commission and Mr. Andrew regarding the
vision of the corridor and the zoning of the area.
Mr. Gage stated that the Salina Code Section 36-55 "Review by the board of
commissioners" would need to be updated in accordance with the Kansas Statutes.
Commissioner Hardy asked if down zoning after approving the easement would cause
problems in the future. Mr. Gage responded by stating that the issue would need to be
looked at closely before down zoning took place.
Moved by Commissioner Ryan, seconded by Commissioner Crawford, to authorize the Mayor to
sign the Broadway Addition plat and to accept the easement and restricted access dedications on
behalf of the City including the following four conditions: 1.) Access to Lot One (1) shall be limited
to one curb cut on Broadway Boulevard depicted on the final plat. Restricted access shall be
dedicated and shown along the remaining Broadway Boulevard frontage; 2.) The street along the
north boundary of Lot One (1) shall be labeled as Cedar Street; 3.) A final site plan and Zoning
Certificate shall be approved for Lot One (1) prior to commencing construction of any site
improvements; 4.) All technical corrections in staff's corrections punch -list, including the addition
of a drainage easement for the proposed detention'basin, shall be made to the final plat drawing
prior to City Commission consideration of the final plat. Aye: (5). Nay: (0). Motion carried.
(8.2) Application #A15-1 (filed by Bill Cooke on behalf of Webster Conference Center)
requesting annexation of the Webster Conference Center site in order to allow the
conference center to connect to the City of Salina's sanitary sewer collection system
with the subject property located on the west side of North Ohio Street north of I-70
and contains 70 acres.
(8.2a) First reading Ordinance No. 15-10774.
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Dean Andrew, Director of Planning, explained the request.
Commissioner Davis asked if only part of the property was requested for annexation and
how would the fire services be handled. Mr. Andrew stated that only a portion of the
property was requested for annexation and stated that a portion of the property would be
serviced by the Salina Fire Department and the other portion serviced by the Rural Fire
District.
Commissioner Davis asked if there was a negative impact to annexing the property. Mr.
Andrew stated that the negative would be the inability to service the property unlike
properties within the city proper. Martha Tasker, Director of Utilities, stated that there
would be a connection fee to connect and a monthly service fee.
Mayor Blanchard asked if there were other private lines connected into the City's sewer
line. Ms. Tasker responded by stating that there were additional properties connected.
Mayor Blanchard asked if the line would be metered and if the meter would notify if a
breach would happen. Ms. Tasker stated that a meter would be installed and the line would
dump into the pump station located by the truck stop. Staff would be able to determine
where the breach was by the use of the timed meters installed.
Mayor Blanchard asked if KDHE offered other alternatives. Ms. Tasker responded by
stating that they do have additional options but they are a more expensive option.
Mayor Blanchard asked if there would be an RV dump area. Ms. Tasker stated that staff
and the applicant had not discussed that yet.
Bill Cooke, Executive Director for Webster Conference Center, explained that he had looked
at the options available and thanked staff for all their work.
Moved by Commissioner Hardy, seconded by Commissioner Davis, to decide this 17.03 acre
portion of Webster Conference Center should not be annexed but that a public health and safety
policy exception be granted which would allow Webster Conference Center property to connect to
the City's sanitary sewer system through an "Outside the City Sewer Connection Agreement."
Aye: (5). Nay: (0). Motion carried.
Greg Bengtson, City Attorney, asked that a motion be made for the ordinance.
Moved by Commissioner Hardy, seconded by Commissioner Davis, to pass Ordinance No. 15-
10774 on first reading. Aye: (0). Nay: (5). Motion failed.
OTHER BUSINESS
(9.1) Request for executive session (real estate).
Moved by Commissioner Ryan, seconded by Commissioner Hardy, to recess into executive session
for 30 minutes to discuss 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 8:15 p.m.
The City Commission recessed into executive session at 7:45 p.m. and reconvened at 8:15
p.m. No action was taken.
Moved by Commissioner Davis, seconded by Commissioner Hardy, to extend the current
executive session for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried.
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The City Commission recessed into executive session at 8:15 p.m. and reconvened at 8:30
p.m. No action was taken.
ADJOURNMENT
Moved by Commissioner Hardy, seconded by Commissioner Ryan, that the regular meeting of the
Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 8:35 p.m.
[SEAL]
ATTEST:
Shandi Wicks, CMC, City Clerk
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