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01-25-2016 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS January 25, 2016 4:00 p.m. The City Commission convened at 2:30 p.m. for South Well Field & Water Treatment Plant Study 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 Mayor Blanchard on behalf of the City Commission thanked Saline County Sheriff's Office Deputy Jeremy Trostle for his service. (3.1) The month of January 2016 as "Radon Action Month" in the city of Salina. David Neal, Saline County Planning & Zoning Director, read the proclamation and provided information on radon. CITIZEN FORUM Ray Hruska, 235 N. Santa Fe, announced that he has started a protest petition to end the Business Improvement District (BID) and continued to provide information on the BID. Norman Mannel, 7532 W. Pleasant Hill Road, asked what the Corp of Engineers thought of the water being diverted from the river for agricultural use. Jason Gage, City Manager, stated staff did not feel there were any issues or concerns with the water being diverted from the river or the need to contact the Corp of Engineers. Judy Larson, 2801 Ray Avenue, stated she thought the removal of snow from the sidewalks should be a property owner's responsibility not the tenant and asked that the City make changes to the current regulations. Mayor Blanchard asked if there was an avenue for tenants to contact for information regarding landlord/tenant issues. Mr. Gage stated the City of Salina Community Relations Department could assist citizens with landlord/tenant issues and he would need to look into the regulations for snow removal before he could provide information on the regulations. John Ourada, 809 Fairdale, stated he read the article in the newspaper regarding the river renewal and was in support of the project. Bill Whitaker, 236 S. Phillips, stated he submitted a bid for purchase of the property located at 234 S. Phillips and was still interested in the property to build a garage or shop. Mayor Blanchard asked who owned the property next door to the vacant lot. Mr. Whitaker stated his mother-in-law owned the land and his family had lived at the location for 17 years. Mr. Gage stated staff had an update on this item and felt the item should be added to the agenda under item 8.3 with the possibility to recess into executive session for legal matters Page 1 16-0016 16-0017 to discuss this item. Mr. Gage provided information on the removal of snow within the Salina Code Section 35- 252. A conversation ensued between Mr. Gage and Ms. Larson regarding the removal of the snow. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of January 11, 2016. (6.2) Authorize the Mayor to approve the Supplemental Agreement No. 3 for Consulting Services relating to the Former Schilling Air Force Base Site with the Dragun Corporation cost be amended from $6,738,000 to $6,916,000, (Dragun Corporation $4,475,000 and Sub -Consultants $2,441,000), and amend Specialty Contractors cost from $2,213,000 to $2,355,000 for the Supplemental Remedial Investigation No. 2, Bedrock Groundwater in OU1 and OU2. (6.3) Authorize the Mayor to Approve Change Order No. 5 for Drilling Support - Site Wide Remedial Investigation to GeoCore, Inc. in the amount of $106,759.00 (Revised Agreement Amount $284,799.60); Change Order No. 6 for Laboratory Support - Site Wide Remedial Investigation to Pace Analytical Services, Inc. in the amount of $5,847.50 (Revised Agreement Amount $167,790.25); Change Order No. 6 for Surveying Support - Site Wide Remedial Investigation to Wilson & Company, Inc. Engineers & Architects in the amount of $4,615.00 (Revised Agreement Amount $42,452.00); Change Order No. 7 for Drilling Support - Site Wide Remedial Investigation to Environmental Priority Service, Inc., in the amount of $4,615.00 (Revised Agreement Amount $182,262.00). (6.4) Authorize the 2016-2018 Landfill Engineering Consultant agreement with SCS Engineers to perform professional engineering services for the Salina Municipal Solid Waste Landfill in an amount not to exceed $328,500 for 2016, $43,500 for 2017, and $38,500 for 2018. (6.5) Award the 2016 Pavement Sealing contract to Circle C Paving and Construction, LLC in the amount of $169,753.38, with a 5% construction contingency of $8,487.67 to take advantage of good unit prices and complete more work. Moved by Commissioner Crawford, seconded by Commissioner Ryan, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 16-10818 amending Section 5-25 of the Salina Code to permit the consumption of alcoholic liquor at Dean Evans Stadium. Mayor Blanchard noted that Ordinance No. 16-10818 was passed on first reading on January 11, 2016 and since that time no comments have been received. Moved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Ordinance No. 16- 10818 amending Section 5-25 of the Salina Code to permit the consumption of alcoholic liquor at Page 2 Dean Evans Stadium on second reading. A roll call vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, Blanchard. Nay: (0). Motion carried. (7.2) Acceptance of right-of-way from the Salina Airport Authority for the Centennial Road Improvements, Jumper Road to the South City Limits, City Project No. 14- W 3055. M, Dan Stack, City Engineer, explained the project and acceptance. a 16-00f8 Moved by Commissioner Davis, seconded by Commissioner Crawford, to accept the right-of-way 0 from the Salina Airport Authority for the Centennial Road Improvements, Jumper Road to the South City Limits, City Project No. 14-3055. Aye: (5). Nay: (0). Motion carried. (7.3) Authorize sale of Temporary Notes Series 2016-1. (7.3a) Receive report on bids received on the Notes. (7.3b) Consider Resolution No. 16-7313 authorizing and directing the sale and delivery of temporary notes. Rod Franz, Director of Finance and Administration, explained the bids received, bond rating, and projects financed. 16-0019 Moved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Resolution No. 16- 7313 authorizing and directing the sale and delivery of $6,890,000 principal amount of General Obligation Temporary Notes, Series 2016-1. Aye: (5). Nay: (0). Motion carried. (7.4) Resolution No. 16-7317 submitting to voters on May 10, 2016 by a special question election utilizing a mail ballot the question of repealing the existing .40 percent (4/ 10ths cent) retailers' special purpose sales tax and replacing it with a general purpose retailers' sales tax to commence on October 1, 2016 and end on September 30, 2036; specifying the purpose for which the revenue would be used and the specific sales tax rate. Jason Gage, City Manager, explained that upon the advice of bond counsel the item was changed from an ordinance to a resolution. Mr. Gage continued to explain the differences in the retailer's special purpose sales tax and a general purpose retailer's sales tax, current special purpose sales tax, comparable sales tax rates, revenue estimates for various sales tax rates, fiscal impact and action options. Mayor Blanchard asked if you could rescind an ordinance with a resolution. Mr. Bengtson stated the current ordinance would not be affected by the resolution presented today. Commissioner Davis asked if the funds would be segregated from the other funds in the CIP. Mr. Gage stated yes. Mayor Blanchard asked for information on the impact to the Chamber of Commerce and the transient guest tax. Mr. Gage stated Sylvia Rice with Visit Salina, a division of the Salina Area Chamber of Commerce would be best to answer those questions. Sylvia Rice, Visit Salina, stated there had not been recent conversation but anticipated there could be conversation in the future. Mr. Gage stated the higher the tax rate the higher the impact. Page 3 16-0020 Mayor Blanchard stated there had been questions on the specificity of projects included in the sales tax. Mr. Gage stated there were limitations to the capital outlook of projects by charter ordinance and the tax was not to add staff or pay staffing but was for community improvements. Mayor Blanchard asked when the ballots would be mailed to citizens. Mr. Gage stated citizens would be given three to four weeks to submit their ballots either by mail or in person. Mr. Bengtson stated the County Election Officer would mail the official ballot along with return identification envelope and instructions not sooner than the 20th day before the date of the election and no later than the 10th day before the date of the election. Norman Mannel, 7532 W. Pleasant Hill Road, asked why the election would be done by a mail ballot and not part of the general election. Mayor Blanchard stated the City Commission picked the mail -in ballot for the convenience to the citizens and for the most participation. Kathy Lindgren, 1007 S. Old Highway 81, stated she did not live inside the city limits but she would be spending her money in Salina and was happy to see the improvements to the city over the years especially the river. Judy Larson, 2801 Ray Avenue, stated she was confused on the date of the mail -in ballot. Mr. Gage stated the ballots would be mailed out approximately 2 weeks prior to the date of May 10, 2016. Commissioner Crawford thanked staff for a well written report and stated she felt the water infrastructure had been taken care of and there was a need for the city streets to be taken care of as well. Commissioner Hardy stated we need to look at what the current tax has been able to do for our community and think about what the new tax could also provide. Commissioner Davis stated he did not feel there was a better investment in the community than this tax and felt years down the road, the investment would be appreciated and felt the percentage should be 0.35%, or a total tax of 8.75%. Commissioner Ryan stated he agreed with Commissioner Davis on the total tax of 8.75%. He stated the first impression of most visitors was the condition of the streets and felt the improvements on the streets would benefit the community. Mayor Blanchard provided information on the Comprehensive Plan and felt the community was conservative and the river renewal fulfilled the common vision and continued to state the importance of the care of the streets and infrastructures were very important along with the need to enhance the city to bring in economic development in the future. He also stated he was in favor of the total tax of 8.75 %. Moved by Commissioner Davis, seconded by Commissioner Hardy, to adopt Resolution No. 16- 7317 submitting to voters on May 10, 2016 by a special question election utilizing a mail ballot the question of repealing the existing .40 percent retailers' special purpose sales tax and replacing it with a general purpose retailers' sales tax of .75 percent to commence on October 1, 2016 and end on September 30, 2036; specifying the purpose for which the revenue would be used and the specific sales tax rate as provided. Aye: (5). Nay: (0). Motion carried. IDEVELOPMENT BUSINESS (8.1) Resolution No. 16-7314 authorizing the Mayor to execute a compliance agreement Page 4 Z a w ti y C 0 U IG'S1111pal with Jaime Aguilar, providing for an extension of time to repair or remove the dangerous structure located at 625 S. 9th Street. Jim Brown, Building Official, explained the current condition of the structure, time frame and agreement. Mr. Brown noted a correction to the staff report regarding the foundation wall in need of repair and stated the north foundation required repair. Commissioner Davis asked if cold weather would impede the repair. Mr. Brown stated the repair could be done during cold weather. Mayor Blanchard asked for clarification on the fiscal information within the report. Gary Hobbie, Director of Development Services, stated the property was not included in the initial demolition bid. Mayor Blanchard asked if staff had a recommended action. Jason Gage, City Manager, asked if staff was comfortable with executing a compliance agreement for the property located at 625 S. 9th Street. Mr. Brown stated yes. Jaime Aguilar explained he was in the process of getting the property transferred to his name and he could perform the work this winter. Moved by Commissioner Davis, seconded by Commissioner Crawford, to adopt Resolution No. 16-7314 authorizing the Mayor to execute a compliance agreement with Jaime Aguilar, providing for an extension of time to repair or remove the dangerous structure located at 625 S. 9th Street. Aye: (5). Nay: (0). Motion carried. (8.2) Resolution No. 16-7315 adopting and implementing the 2015 Live Salina Housing Assessment and Strategic Plan. Gary Hobbie, Director of Development Services, explained the assessment process. Mr. Hobbie introduced Marty Shukert with RDG Planning and Design who presented the Live Salina Housing Assessment and Strategic Plan. Mayor Blanchard stated he felt additional time was needed to review the full report and felt maybe a study session would be helpful for the commission. Jason Gage, City Manager, asked if an additional study session was built into the current agreement. Mr. Hobbie stated the current agreement would need to be amended to include an additional study session. Mr. Shukert stated he would be willing to have a study session via webcam that would not require a change to the current agreement. A conversation ensued between the City Commission and Mr. Gage regarding the amount of time needed for a study session and final goal of the plan. Commissioner Hardy asked if non-contiguous was used in special assessments, would that change the contiguous of special assessments. Mr. Shukert stated special assessments would remain the same. Mr. Gage gave available dates for study session and stated staff would work with Mr. Shukert to determine the best time for a study session. Todd Welsh, 221 S. Morris, stated he was not aware of the item on the agenda, thanked Mr. Shukert for his presentation and provided his thoughts on the need for the study and future projects. Mr. Gage asked Mr. Hobbie how the notifications of the agenda item were sent out to interested parties. Mr. Hobbie stated notifications were emailed out to the individuals that Page 5 attended the initial study session. Mr. Hobbie stated staff would be willing to collect the Commissioner's questions prior to the study session and submit those to Mr. Shukert and his staff. 16-0023 Moved by Commissioner Ryan, seconded by Commissioner Crawford, to add Item No. 8.3 to the w agenda to consider matters relating to 234 S. Phillips. Aye: (5). Nay: (0). Motion carried. N (8.3) Address and consider matters relating to 234 S. Phillips. 16-0024 Moved by Commissioner Ryan, seconded by Commissioner Hardy, to recess into executive session for 7 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 7:07 p.m. The City Commission recessed into executive session at 7:00 p.m. and reconvened at 7:07 p.m. 16-0025 Moved by Commissioner Ryan, seconded by Commissioner Davis, to extend the current executive session for an additional 12 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:08 p.m. and reconvened at 7:20 p.m. Jason Gage, City Manager, stated Habitat for Humanity and Bill Whitaker submitted a proposal based on solicitation for the purchase of the property. The proposal from Habitat for Humanity was at a lower cost than the proposal submitted by Mr. Whitaker. The commission chose the proposal submitted by Habitat for Humanity and felt having a home on the property would meet their community development goals. It was staff's understanding, and Mr. Swanson would need to confirm, that Habitat for Humanity would like to resend the bid. A motion would need to be made to accept the withdrawal of the proposal. Nathan Swanson, Executive Director for Salina Habitat for Humanity, thanked the Commission for the consideration and felt, since the adjacent property owner was also a bidder, it would feel awkward in future dealings and he would like to withdraw the submitted bid by Habitat for Humanity. He also stated the lot was smaller than the original assumed lot size. Mayor Blanchard thanked Mr. Swanson and Habitat for Humanity for the interest in building homes within the existing neighborhoods. Mr. Bengtson stated it was the appropriate time to make a motion to reconsider the award of the bid and to then make a motion to respond. Mr. Bengtson stated the commission could make a motion to respond to the request to accept the withdrawal of bid from Habitat for Humanity then accept the remaining proposal as presented or not accept the proposal. 16-0026 Moved by Commissioner Davis, seconded by Commissioner Hardy, to reconsider the award of bid for property at 234 S. Phillips. Aye: (5). Nay: (0). Motion carried. Page 6 16-0027 --16-0028 Moved by Commissioner Davis, seconded by Commissioner Ryan, to accept the withdrawal of bid from Habitat for Humanity for the property located at 234 S. Phillips. Aye: (5). Nay: (0). Motion carried. Mayor Blanchard stated the original discussion on this item a couple weeks ago by the Commission was to accept the bid from Habitat for Humanity with a desire to have a family dwelling located on the lot and to help recoup the costs on the property by a family dwelling bringing in additional property taxes. Bill Whitaker, 236 S. Phillips, thanked the Commission for reconsidering the item, stated his family had taken care of several neighbors over the years and did take care of the property in question for the last 4 years. He continued to state he would like to build a garage or shop on the property. Mayor Blanchard asked if Mr. Whitaker's current residence was listed in his name. Mr. Whitaker indicated the property was in his mother -in-laws name. Mayor Blanchard asked for information on the ability to develop the lot if the 2 lots were in different ownership names. Michael Schrage, Deputy City Manager, stated if the properties would be under common ownership, the secondary structure could be located on the vacant lot but if the residential property was not in the same name as the vacant lot, a secondary structure could not be located on the property. A conversation ensued between the City Commission and Mr. Gage regarding the options for action on the property. Commissioner Davis asked if there were any preconditions on the use of the property. Mr. Gage stated there were no preconditions on the use of the property listed in the bid documents. Commissioner Crawford provided her thoughts and suggested the item be delayed until Mr. Whitaker was able to get the resident property in his name. Mr. Bengtson stated if there was a condition on the purchase, the condition would need to be stated now so Mr. Whitaker would be aware of the condition prior to going through the steps to get the resident property in his name. Commissioner Davis asked if the Commission would like to put a condition on the property, could the bids be rejected and the process started over. Mr. Bengtson stated the Commission was the owner of the property and could make the decisions on the property. Judy Larson, 2801 Ray Avenue, stated she personally knew the Whitakers and felt they had good intentions on the development of the property. Commissioner Davis stated the need for conditions on the sale of property to be stated up front and the possibility to require the bid to start at the amount invested in the property. Mr. Gage stated a future conversation may need to happen to discuss how to handle future properties. Judy Larson, 2801 Ray Avenue, stated the Whitakers did not receive notification of the item being on the agenda a couple weeks ago. Mr. Hobbie stated that staff notified the bidders at the bid opening that the item would be on the January 11, 2016 agenda. Moved by Commissioner Davis, seconded by Commissioner Hardy, to accept the bid from Bill Whitaker for the property located at 234 S. Phillips. Page 7 Z a w L 16-0og9 U 16-0030 16-0031 16-0032 Mr. Bengtson stated in order for the Whitakers to build on the lot at 234 S. Phillips, the property at 236 S. Phillips would need to be transferred into the Whitakers' name. Mr. & Mrs. Whitaker were aware of the condition. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Request for executive session (legal/ personnel). Moved by Commissioner Ryan, seconded by Commissioner Hardy, to recess into executive session for 60 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 for the purpose of discussing matters pertaining to non -elected City personnel for the reason that public discussion of the matter would violate the privacy rights of the non -elected personnel involved; and reconvene at 8:50 p.m. The City Commission recessed into executive session at 7:50 p.m. and reconvened at 8:50 p.m. No action was taken. Moved by Commissioner Ryan, seconded by Commissioner Crawford, to extend the current executive session for an additional 40 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 8:50 p.m. and reconvened at 9:30 p.m. No action was taken. Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to extend the current executive session for an additional 12 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 9:30 p.m. and reconvened at 9:42 p.m. No action was taken. 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 9:42 p.m. [SEAL] ATTEST: Shandi Wicks, CMC, City Clerk Cjj.).t R. Wanchard, • Page 8