12-04-2017 Minutes CITY OF SALINA,KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
December 4,2017
4:00 p.m.
The City Commission convened at 2:30 p.m. for the 5 Year Capital Improvement Projects (CIP) and
at 3:45 p.m. for Citizens Forum.
2 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 Kaye J. Crawford (presiding),Commissioners Jon
Blanchard,Trent Davis, Melissa Rose Hodges, 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) Mayor Crawford to recognize outgoing Accelerant Detection Canine Ashes.
Chief Kevin Royse provided information on Ashes' tenure and duties for the Salina Fire
Department. He continued by providing information on the new canine for the Salina Fire
Department, named Hoke. Chief Royse presented Troy Long, Fire Marshal, with a plaque
honoring Ashes. Mr. Long provided additional information on the new Accelerant
Detection Canine, Hoke,for the Salina Fire Department.
Mayor Crawford thanked Mr. Long and Ashes for their service to the community.
Commissioner Blanchard asked if Hoke was certified. Mr. Long stated Hoke had completed
the Accelerant Detection Canine Certification and was in the process of taking the FEMA
Certification. Commissioner Blanchard wished Hoke and Mr. Long continued success.
CITIZENS FORUM
Commissioner Blanchard asked if there was an update on the Lakewood Park fish situation
that was brought to the City Commission by a citizen a couple weeks ago. Jason Gage, City
Manager, stated the Kansas Wildlife & Park was in charge of the fish program and staff
would continue to work with them regarding the situation. Mayor Crawford asked if
staffed had contacted the gentleman that brought the situation to the commission's
attention. Mr. Gage stated he would need to check with the Parks& Recreation staff.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing and report on Petition No. 4389 (filed by Don Boos, Director of Real
Estate, on behalf of Blue Beacon International, Inc.) requesting the vacation of a
portion of a 10 ft. wide north-south platted alley located north of Mulberry Street
between South Santa Fe and South Fifth Street in the Original Town (now City) of
Salina,Saline County, Kansas for a distance of 291 ft. north of the north right-of-way
line of Mulberry Street.
(5.1a) First reading Ordinance No. 17-10912.
Mayor Crawford opened the public hearing.
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Dean Andrew, Director of Planning, explained the petition submitted, request, affected
utilities and action options.
Commissioner Blanchard asked if the public hearing would be closed after today. Mr.
Andrew stated the public hearing would be closed today and would return as a second
• reading that would not be a public hearing.
Commissioner Blanchard asked if there would be a reason to keep the public hearing open
in relation to the transferee agreement for the project. Jason Gage, City Manager, stated he
was not aware of anything that was related to the vacation portion of the project that would
affect the transferee agreement. He continued by stating there would be the opportunity for
public comment during the second reading of the ordinance.
A conversation ensued between Commissioner Blanchard and Mr. Gage regarding the
affected utilities for the vacation request.
Commissioner Blanchard asked if the City of Salina would be involved with the relocation
of the Westar Energy utility. Mr. Gage stated the City of Salina's role would be to work
with the two (2) parties to facilitate any questions or problems with the conditions. He
continued by stating the conditions of the vacation ordinance would also need to be
followed for the City of Salina utilities located within the vacation area.
Greg Bengtson, City Attorney, stated there would be an option to keep the public hearing
open for this vacation request. He continued by providing information on the conditions
a within the ordinance and stated the approval of the ordinance on second reading would
serve as confirmation of satisfaction of these preconditions.
Mr. Gage stated the ordinance could be approved on first reading and the public hearing
kept open until the second reading date.
Commissioner Hodges provided information on the steps to be completed as part of the
STAR Bond project and asked for updates on the Bank of America parking lot and the
feasibility study. Mr. Gage stated staff anticipated the need for updated numbers for the
STAR Bond project and stated the base of the bowling alley would be outside of the STAR
Bond project.
Commissioner Hodges asked for an updated timeline for the list items to be completed. Mr.
Gage stated he would be able to provide an update to the commission.
Commissioner Blanchard asked when the hotel transferee agreement would be ready. Mr.
Gage stated staff anticipated the agenda items would be at a potential special meeting
around January 15, 2018. Commissioner Blanchard provided his thoughts on the need for
an updated timeline for the downtown projects. Mr. Gage stated staff was working with
Salina 2020, Inc. on finalizing the streetscape design phases and an updated timeline.
A conversation ensued between the Commission and Mr. Gage regarding the downtown
projects timeline.
Mayor Crawford asked if the Commission would like the public hearing to remain open.
The Commission reached a consensus to keep the public hearing open.
17-0363 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to pass Ordinance No.
17-10912 requesting the vacation of a portion of a 10 ft. wide north-south platted alley located
north of Mulberry Street between South Santa Fe and South Fifth Street in the Original Town (now
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City) of Salina, Saline County, Kansas for a distance of 291 ft. north of the north right-of-way line
111 of Mulberry Street on first reading with the public hearing to remain open until the second reading
of the ordinance. Aye: (5). Nay: (0). Motion carried.
(5.2) Public hearing and report on Petition No. 4390 (filed by Don Boos, Director of Real
Z Estate, on behalf of Blue Beacon International, Inc.) requesting the vacation of a
portion of a 10 ft. wide north-south platted alley located north of Mulberry Street
between South Fifth Street and South Fourth Street in the Original Town (now City)
of Salina, Saline County, Kansas for a distance of 15 ft. north of the north right-of-
way line of Mulberry Street.
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(5.2a) First reading Ordinance No. 17-10913.
Mayor Crawford opened the public hearing.
Dean Andrew, Director of Planning, explained the petition submitted, request, affected
utilities and action options.
Mr. Andrew noted a correction to the agenda title; the distance of 15 foot should read 150
foot. He continued by stating Blue Beacon International had acquired all properties north of
Mulberry Street except two (2) lots on Mulberry Street owned by Mr. Ed French Jr. He also
stated if the vacation request was granted, the west five (5) feet of alley would revert to Mr.
French and Blue Beacon International would have to take additional steps to work with Mr.
French to reach an agreement to obtain ownership of the strip of alleyway currently owned
by Mr. French or obtain permission from Mr. French to construct a portion of the access
drive on his property.
Commissioner Hodges asked if the ordinance included the same precondition as the
previous vacation ordinance pertaining to the requirement of an executed transferee
agreement. Mr. Andrew stated yes, because the parking lot was part of the hotel project.
Michael Schrage, Deputy City Manager, stated Mr. Andrew noted an alternative condition
to resolve the issue of the easement being vacated to the adjoining property by moving the
drive isle to the east and asked if it needed to be an additional alternative called out above
and beyond reaching an agreement with the property owner. Mr. Andrew stated there
were numerous situations in the downtown area where an alley was not vacated but the
alley was included in the access isle. He continued by stating there was a way to keep the
alley but incorporate it as part of the driving isle which would require the alley to be kept
in its current configuration.
Mayor Crawford asked if the Commission wished to keep the public hearing open for this
item. The Commission reached a consensus to keep the public hearing open.
Greg Bengtson, City Attorney, asked for a couple minutes to allow staff to match notes.
Mr. Andrew noted the agreement with Mr. French was not included in the ordinance and
the condition of having a transferee agreement executed before second reading was not
included in the blue sheet. He continued by stating those conditions would need to be
included in the motion.
Mr. Andrew clarified the options of the vacation request pertaining to the adjoining
property.
17-0364 Moved by Commissioner Hodges, seconded by Commissioner Davis, to pass Ordinance No. 17-
10913 requesting the vacation of a portion of a 10 ft. wide north-south platted alley located north of
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Mulberry Street between South Fifth Street and South Fourth Street in the Original Town (now
City) of Salina, Saline County, Kansas for a distance of 150 ft. north of the north right-of-way line
of Mulberry Street on first reading with three (3) conditions: (1) the petitioner shall obtain written
approval of Ed French Jr. to construct a portion of their Mulberry Street access drive on Mr.
French's property, or enter into an agreement to acquire the property prior to final approval of a
vacation request; (2) the petitioner must execute a transferee agreement with the City of Salina for
the downtown hotel project; and (3) the entire vacated right-of-way shall be retained as a utility
easement and the public hearing to remain open until the second reading of the ordinance.
Mr. Bengtson asked if the imposition of the condition of the agreement with the adjoining
property owner, would one of the two options remain available to Blue Beacon. Mr.
Andrew stated the driveway entrance leading from Mulberry to the parking lot would be
constructed on 5 feet of property that was going to accrue to Mr. French if the alley was
vacated. He continued to state Blue Beacon would need permission from Mr. French to
construct the driveway across the alley, if the alley was vacated, Blue Beacon would need to
purchase the 5 feet from Mr. French at that time to keep it in alignment.
Mr. Bengtson stated the right-of-way would remain in place. Mr. Andrew stated, yes, the
right-of-way would remain in place if Mr. French objected to the vacation.
Commissioner Blanchard asked if there were negotiations to acquire the property from Mr.
French. Guy Walker, Blue Beacon International, 500 Graves Blvd, stated there had been
continued conversations with Mr. Ed French on acquiring the property but there had not
been an agreement on the price.
Commissioner Blanchard asked if there was an easy solution if both parties would not be
able to reach an agreement. Mr. Andrew stated if an agreement with Mr. French was not
reached, the driveway could still be constructed as pavement within the existing alley
right-of-way with coordination with the City of Salina Public Works Department for
specifications for paving the alley.
Commissioner Hodges asked if the motion should be amended to allow for options of the
condition affecting the property of Mr. French.
Mr. Walker stated there were a number of options for Blue Beacon if an agreement could
not be reached. He continued by stating an additional option would be to not have a
parking lot opening on the Mulberry side of the parking lot.
A conversation ensued between the Commission, Mr. Andrew and Mr. Bengtson regarding
the conditions of the vacation and the motion.
Mr. Schrage provided a possible motion stating prior to final approval of a vacation request
that included the alley right-of-way adjoining Mr. French's property, then if it does Mr.
French's consent is needed, if it does not include the right-of-way abutting Mr. French's
property his consent is no longer needed and the request pertains only to the northern
portion of the alley.
17-0365 Moved by Commissioner Hodges, seconded by Commissioner Davis, to amend the motion to
include the suggested modifications to Condition No. 1 that prior to final approval of a vacation
request that includes the portion of the alley abutting Mr. French's property that his consent is
needed but if does not include the right-of-way abutting his property than his consent is not
needed.
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Mayor Crawford called the question to approve the amended motion. Aye: (5). Nay: (0).
Motion carried.
(5.3) Public hearing and report on Petition No. 4391 (filed by Don Boos, Director of Real
Estate, on behalf of Blue Beacon International, Inc.) requesting the vacation of a
portion of a 10 ft. wide north-south platted alley located north of Ash Street
between North Santa Fe Avenue and North Fifth Street in the Original Town (now
City) of Salina, Saline County, Kansas for a distance of 300 ft. north of the north
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right-of-way line of Ash Street.
(5.3a) First reading Ordinance No. 17-10914.
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Mayor Crawford opened the public hearing.
Dean Andrew, Director of Planning, explained the petition submitted, request, affected
utilities and action options.
Commissioner Blanchard asked how many utilities were located within the vacation area.
Mr. Andrew stated AT & T, Cox Communications and Kansas Gas Service were located
within the vacation area and stated the affected utilities were objecting to the vacation but
the objection could be overcome. He continued to state the consent or approval to the
vacation was conditional on the affected utilities being able to reach agreement with Blue
Beacon International on the relocation of the facilities.
Commissioner Blanchard asked if the agreements on the relocation of the affected utilities
had been initiated already. Mr. Andrew stated as far as staff knew but staff with Blue
Beacon International could provide information on the agreements. Don Boos, 500 Graves
Blvd, stated there had been conversations with the affected utilities beginning in early 2016
and the discussions have continued recently with the utility companies to reach agreements
on the relocations.
17-0366 Moved by Commissioner Hodges, seconded by Commissioner Davis, to pass Ordinance No. 17-
10914 requesting the vacation of a portion of a 10 ft. wide north-south platted alley located north of
Ash Street between North Santa Fe Avenue and North Fifth Street in the Original Town (now City)
of Salina, Saline County, Kansas for a distance of 300 ft. north of the north right-of-way line of Ash
Street on first reading with three (3) conditions: (1) the petitioner shall make satisfactory financial
arrangements with those public and franchise utilities who have utility lines within the Alley
Right-of-Way proposed to be vacated for the relocation of their line prior to final approval of the
alley vacation request; (2) the petitioner must execute a transferee agreement for the alley project
prior to final approval of the alley vacation request; (3) the petitioner shall dedicate the public
utility easements needed to accommodate the relocated public and franchise utility lines and the
public hearing to remain open until the second reading of the ordinance. Aye: (5). Nay: (0).
Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of November 27, 2017.
(6.2) Award of contract for Indiana Avenue Trail, Project No. 70027, to Davis Concrete
Construction, in the amount of $50,501.95 with a 10% construction contingency
(55,050).
17-0367 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve the consent agenda
as presented. Aye: (5). Nay: (0). Motion carried.
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ADMINISTRATION
111 (7.1) Consider adoption of 2018 legislative priorities for the City of Salina.
Jason Gage, City Manager, explained the recently discussed state legislative issues and
action options.
Commissioner Davis stated the list was well stated and represented.
Commissioner Hodges stated the list was very inclusive but questioned if the residential
fire sprinkler requirement needed to be included in the list. Commissioner Blanchard
provided information from his conversations with staff and others regarding the
° requirement of residential sprinkler systems in new homes.
Commissioner Blanchard stated he would like to see something included in the list on the
residential sprinkler system requirement. Mr. Gage provided additional information on the
requirement for sprinkler systems in new residential homes.
Michael Schrage, Deputy City Manager, stated the statutory language wasn't code
provision based but stated no municipality shall adopt or enforce any ordinance, order,
code, standard or rule requiring the installation of a multi-purpose residential fire sprinkler
system and stated it continued on but it was a full preclusion of requirements for
residential fire sprinklers.
Mayor Crawford stated she would ask the Commission to ask for the provision to fully
support and preserve the Home Rule Authority, she continued to provide her thoughts on
the authority.
Commissioner Blanchard also provided his thoughts on the Home Rule Authority.
17-0368 Moved by Commissioner Davis, seconded by Commissioner Blanchard, to accept the 2018
legislative priorities, as presented and ask staff to include language that would ask the state
legislature to repeal the prohibition of local governments from adopting residential fire sprinkler
requirements. Aye: (5). Nay: (0). Motion carried.
(7.2) Resolution No. 17-7503 adopting an action plan to comply with the Federal Aviation
Administration's (FAA) policy and procedures concerning the use of airport
revenues - proceeds from taxes on aviation fuel.
Jason Gage, City Manager, explained the request, FAA policy and procedures and action
options.
Shelli Swanson, Salina Airport Authority Director of Administration and Finance,
explained the FAA policy and procedures and the action plan.
Commissioner Davis asked if the State of Kansas portion of the sales tax was donated back
to the airport. Ms. Swanson stated the state portion of the sales tax was donated to a state
aviation program that would allow for the airports in the state to apply for the money.
17-0369 Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Resolution No. 17-
7503 adopting an action plan to comply with the Federal Aviation Administration's (FAA) policy
and procedures concerning the use of airport revenues - proceeds from taxes on aviation fuel
dated December 4, 2017. Aye: (5). Nay: (0). Motion carried.
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DEVELOPMENT BUSINESS
None.
OTHER BUSINESS
17-0370 Moved by Commissioner Davis, seconded by Commissioner Hodges, to recess into executive
. session, to discuss an employee's performance and status pursuant to the non-elected personnel
matter exception, K.S.A. 75-4319(b)(1) for 30 minutes. The open meeting will resume in this room
at 6:00 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 5:30 p.m. and reconvened at 6:00
p.m. No action was taken.
17-0371 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to extend the current
executive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 6:00 p.m. and reconvened at 6:10
p.m. No action was taken.
17-0372 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to extend the current
executive session for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 6:10 p.m. and reconvened at 6:25
p.m. No action was taken.
ADJOURNMENT
17-0373 Moved by Commissioner Ryan, seconded by Commissioner Hodges, that the regular meeting of
the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 6:25 p.m.
[SEAL] Te J. ord, Mayor
ATTEST: �J \
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Shandi Wicks,CMC,City Clerk
II
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