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12-21-2015 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 21, 2015 4:00 p.m. The City Commission convened at 2:30 p.m. for 5 -Year Capital Improvement Program Review 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 None. CITIZEN FORUM Norman Mannel, 7532 W. Pleasant Hill Road, asked if the City Commissioners and Directors of the city of Salina were under a bond and felt that the individual should pay for the cost of the bond. Ray Hruska, 235 N. Santa Fe, asked if the consent agenda could be contested or challenged and asked if the City Attorney could provide an opinion at the next meeting. Jason Gage, City Manager, stated the items on the consent agenda were at the discretion of City Commission and the City Attorney could look at the question if the City Commission would like. Mayor Blanchard asked Mr. Hruska to forward the information on the item he had to him; he would review the information and forward it to staff if there was a need to look at changes to the procedure. Mr. Mannel provided his thoughts on the need for the public to be more involved in their government. I PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on the 2015 budget amendments. Mayor Blanchard opened the public hearing. Rod Franz, Director of Finance, explained the amendments to the Tourism and Convention Fund, Bicentennial Center Fund, Special Parks Fund and Special Alcohol Fund. Commissioner Davis asked if the funds to Central Kansas Foundation and St. Francis Academy would remain the same percentage as the fund allocation. Mr. Franz stated the percentage allocation would match the contracts previously approved. Jason Gage, City Manager, asked Mr. Franz for clarification on the Bicentennial Center fund pertaining to the projected final target operating margin. Mr. Franz stated Global Spectrum looked at the profit and loss of the contract on an accrual basis and the City looked at what was funded on a cash basis. Page 1 There being no further comments the public hearing was closed. 15-0474 Moved by Commissioner Davis, seconded by Commissioner Ryan, to authorize of 2015 budget amendments. Aye: (5). Nay: (0). Motion carried. Z (5.2) Public hearing and report on Petition #4376, (filed by William D. Hall on behalf of w the USD No. 305 Board of Education), requesting vacation of portions of three (3) platted utility easements located on Lot One (1), Block One (1) of the Salina High School Central Subdivision in the City of Salina, Saline County, Kansas. 0 (5.2a) First reading Ordinance No. 15-10817. U (5.2b) Declare a compelling public interest exists to allow first and second reading of the ordinance on the same day. (5.2c) Second reading Ordinance No. 15-10817. Mayor Blanchard opened the public hearing. Dean Andrew, Director of Planning, explained the request and affected public and franchise utilities. Mayor Blanchard asked if second reading of the ordinance needed to occur. Mr. Andrew stated the applicant had a pending building permit and passing the ordinance on second reading would help move the building permit forward. 15-0475 Moved by Commissioner Hardy, seconded by Commissioner Ryan, to pass Ordinance No. 15- 10817 on first reading. Aye: (5). Nay: (0). Motion carried. .... 15-0476 Moved by Commissioner Hardy, seconded by Commissioner Davis, to declare a compelling public interest exists for second reading approval of Ordinance No. 15-10817 on the same day as the first reading. Aye: (5). Nay: (0). Motion carried. 15-0477 oved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Ordinance No. 15- 10817 on second reading. A roll call vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, Blanchard. Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of December 14, 2015. (6.2) Authorize an agreement with Burns & McDonnell to establish a business plan for automated collection and/or recycling in the amount of $35,000. 15-0478 Moved by Commissioner Crawford, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 15-10815 levying Salina Business Improvement District No. 1 fees for 2016, in accordance with K.S.A. 12-1791. Mayor Blanchard noted that Ordinance No. 15-10815 was passed on first reading on December 14, 2015 and since that time no comments have been received. Page 2 15-0479 Ray Hruska, 235 N. Santa Fe, asked who with the City of Salina asked Salina Downtown, Inc. to submit the budget and what date the budget was submitted. He continued to state the document he received from Mr. Franz was dated July 28, 2015 and the state law stated the budget was to be submitted prior to May 15th. Mr. Hruska requested the business improvement district be dissolved due to incorrect filing of the budget and stated staff could look at the Attorney General Opinion 8977. Mr. Hruska also asked why there were funds allocated for the salary of the executive director of Salina Downtown, Inc. when the position was not currently filled and if there had been any discussion since the last City commission meeting on dissolving the business improvement district. Jason Gage, City Manager, stated there had not been any discussion. Mayor Blanchard asked if staff would like to address the question pertaining to the timing of the budget. Mr. Gage stated staff would need to go back and look at the documents before answering the questions. He stated Salina Downtown Inc. and Business Improvement District would submit a budget early in the year in accordance with state law and if something would change, would submit an amended budget. Mayor Blanchard asked if staff would like to respond to Mr. Hruska's question pertaining to the budgeting of the executive director. Mr. Gage stated he was not sure the relevance of the question but there was a director vacancy and the executive assistant took on the roles of the director until a new director would be selected. Commissioner Davis asked if there would be any consequence if the budget was not being submitted on time. Greg Bengtson, City Attorney, asked Mr. Hruska if the opinion he referred to talked about the submittal of the budget. Mr. Hruska stated he thought it referred to 2 entities and the conflicting weight of each. Mr. Bengtson stated he wanted to make sure Mr. Hruska had not seen an opinion that pertained to the submittal of the budget for BID. Michael Schrage, Deputy City Manager, stated the opinion provided pertained to the duality of roles opinion. A conversation ensued between Mr. Hruska, Mr. Gage and Mr. Bengtson regarding the submittal of the budget and the Attorney General Opinion. Mr. Hruska stated there was a duality of roles between the Salina Downtown, Inc. and the City of Salina employees. Mr. Bengtson stated he wanted to clarify that the opinion did not specifically address the submission of the budget after the deadline. Mr. Bengtson stated there would be assistance by the Attorney General by analogy on the deadline of submission by governing entities of its mill levy on an annual basis with a statutory date of August 25th He stated the City of Salina did have assistance from the Attorney General that indicated that while the date was the stated date it was not fatal if that date was not met. A later certification to the County Clerk would not be fatal if it was missed. There would still be a levy of a property tax if the deadline was not met. Mr. Bengtson stated he was not aware when the submission was made but understood the circumstances allowed the consideration and discussion of the proposal in the context of the City's budget discussion and asked if he was correct. Mr. Gage stated yes. He would understand from that the purpose of the deadline had been fulfilled. Commissioner Hardy noted a correction to Section 6 of the ordinance pertaining to the spelling of the word budget. Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Ordinance No. 15- 10815 on second reading levying Salina Business Improvement District No. 1 fees for 2016, in accordance with K.S.A. 12-1791, as amended. A roll call vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, Blanchard. Nay: (0). Motion carried. Page 3 15-0480 15-0481 Mayor Blanchard stated that as the commission appreciated public comment he did not feel staff should be sent on tasks on suspected allegations for wrong doing and asked that the public be factual and have information correct. (7.2) Resolution No. 15-7309 establishing Water and Wastewater rates in the Comprehensive Fee Schedule of the City of Salina. Rod Franz, Director of Finance and Administration, summarized the proposed rates and stated the fees would take effect February 1, 2016. Commissioner Hardy asked what the 5% increase included. Mr. Franz stated the cost in benefits had increased causing the increase. Jason Gage, City Manager, stated the rates covered large capital improvement projects discussed in the study session earlier in the day and the capital reserve fund. Mr. Gage continued to state that some years the rate increase would not increase to the full percentage. Commissioner Davis asked if a large expenditure could make the capital reserve fund reach its lowest point. Mr. Franz stated the lowest point the capital reserve fund would reach would be in 2020 and he didn't think a single large expenditure would make the fund fall to a low point. Commissioner Crawford provided her thoughts on the rate increase. Mr. Gage stated the aggression of the capital improvements program put some affect on the rate increase and stated it would not be as big of a shock in the future if there was a consistent rate increase. Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Resolution No. 15- 7309 establishing Water and Wastewater rates in the Comprehensive Fee Schedule of the City of Salina amending the effective date of February 1, 2016. Aye: (5). Nay: (0). Motion carried. (7.3) First reading Ordinance No. 15-10816 amending Chapter 14, Article IV pertaining to alarm systems designed to summon a fire department response to a commercial business with the City of Salina, Kansas. Calvin Kelsey, Fire Chief, explained the amendments. Moved by Commissioner Davis, seconded by Commissioner Hardy, to pass Ordinance No. 15- 10816 amending Chapter 14, Article IV pertaining to alarm systems designed to summon a fire department response to a commercial business with the City of Salina, Kansas on first reading. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Application #Z15-12, (filed by the TWI Development, LLC (Todd Welsh) and the First Christian Church), requesting a change in zoning district classification from A- 1 (Agricultural) to R-1 (Single -Family Residential) on a 9.23 acre tract of land located on the east side of Prairie Lane, North of Crawford Street. (8.1a) First reading Ordinance No. 15-10813. Dean Andrew, Director of Planning, explained the request, Planning Commission recommendation and action options. Mr. Andrew stated the application number for this item should be Z15-12. Page 4 15-0482 15-0483 Commissioner Hardy asked how far Brookwood Lane went to the east and asked if there was a plan to develop Brookwood Lane in the future. Mr. Andrew stated Brookwood Lane went to the east end of the Woodland Hills Estates property and stated Overland Ventures would need to dedicate the right-of-way property for the street to be completed. Commissioner Davis asked if there were immediate plans to develop Brookwood Lane east. Mr. Andrew stated a property would need to be annexed into the city limits and the right-of-way easements would need to be dedicated and the future of that was unknown. Commissioner Hardy asked if Brookwood Lane would be the preferred route to the school. Mr. Andrew stated in the future Brookwood Lane would be the preferred route for safe routes to school instead of Crawford. Mayor Blanchard asked how Brookwood Lane was listed in the master plan. Mr. Andrew stated according to the master plan, Brookwood Lane would expand to Holmes Road. Mayor Blanchard asked about ingress and egress pertaining to the subdivision regulations dictating the maximum length of cul-de-sac. Mr. Andrew stated there were 45 lots supported by one exit and if additional lots would be developed another exit would need to be established. Mr. Andrew stated the cul-de-sac was a phasing problem at this time but when the area was fully developed there would be additional exits. Commissioner Ryan asked if Brookwood Lane could be developed to the west. Mr. Andrew stated Brookwood Lane could be developed to the west but dedications of right-of-ways would need to occur in order for it to be developed. Commissioner Hardy asked when the full development of Brookwood Lane would occur. Mr. Andrew stated the development would take place but it was uncertain when that would occur. Todd Welsh, 221 S. Morris Drive, thanked city Staff for helping with the development of this item, provided information pertaining to the design review team meeting on this item and development of the properties. Moved by Commissioner Ryan, seconded by Commissioner Crawford, to pass Ordinance No. 15- 10813 Application #Z15-12, (filed by the TWI Development, LLC (Todd Welsh) and the First Christian Church), requesting a change in zoning district classification from A-1 (Agricultural) to R-1 (Single -Family Residential) on a 9.23 acre tract of land located on the east side of Prairie Lane, North of Crawford Street on first reading. Aye: (5). Nay: (0). Motion carried. BOTHER BUSINESS None. ADJOURNMENT Moved by Commissioner Davis, 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 5:25 p.m. Page 5 [SEAL] ATTEST: Shandi Wicks, CMC, City Clerk Qo A.1yancard, Mayer Page 6