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11-05-2018 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS November 5, 2018 4:00 p.m. The City Commission convened at 2:00 p.m. for Downtown STAR Bond Issuance and at 3:45 p.m. for Citizens Forum at City-County Building, Room 107B. 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 Karl F. Ryan (presiding), Commissioners Trent Davis,Joe Hay,Jr., and Mike Hoppock. Also present: Michael Schrage, Interim City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. Absent: Commissioner Melissa Rose Hodges AWARDS AND PROCLAMATIONS None. CITIZENS FORUM Norman Manuel, Salina, provided his thoughts on and inquired about honoring the veterans. Mayor Ryan stated there would be a Veterans' Day celebration on Monday, November 12, 2018 at Gypsum Hill Cemetery. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on Petition No. 4393, (filed by Michael D. Forristal, on behalf of Lee Development, Inc.), requesting the vacation of a portion of a 10 ft. wide north-south platted alley located south of Elm Street between North Santa Fe Avenue and North Fifth Street in the Original Town (now City) of Salina, Saline County, Kansas. (5.1a) First reading Ordinance No. 18-10985. Dean Andrew, Director of Planning, explained the request, affected utilities and action options. 18-0451 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to pass Ordinance No. 18- 10985 on first reading. Aye: (4). Nay: (0). Motion carried. (5.2) Public hearing and report on Petition No. 4394, (filed by Michael D. Forristal, on behalf of Lee Development, Inc.), requesting the vacation of a 20 ft. wide east-west alley extending between North Santa Fe Avenue and North Fifth Street in the Original Town (now City) of Salina,Saline County, Kansas. (5.2a) First reading Ordinance No. 18-10986. Dean Andrew, Director of Planning, explained the request, affected utilities and action options. Page 1 Commissioner Hoppock asked if the utility easement would be included in the recording. Mr. Andrew stated the ordinance has a provision that retained the 20 foot strip as a utility easement. 18-0452 Moved by Commissioner Hay, seconded by Commissioner Davis, to pass Ordinance No. 18-10986 on first reading. Aye: (4). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of October 22, 2018. 18-0453 Moved by Commissioner Hay, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 18-10980 changing the zoning district classification from C-7 (Highway Commercial) to C-5 (Service Commercial) on property addressed as•621 Westport Boulevard. Mayor Ryan noted that Ordinance No. 18-10980 was passed on first reading on October 22, 2018 and since that time no comments have been received. 18-0454 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to adopt Ordinance No. 18-10980 changing the zoning district classification from C-7 (Highway Commercial) to C-5 (Service Commercial) on property addressed as 621 Westport Boulevard on second reading. A roll call vote was taken. Aye: (4) Davis, Hay, Hoppock, Ryan. Nay: (0). Motion carried. (7.2) Second reading Ordinance No. 18-10981 changing the zoning district classification from R-3 (Multi-Family Residential) to C-4 (Central Business District) on properties addressed as 301 South Fifth Street and 210 East Mulberry Street. Mayor Ryan noted that Ordinance No. 18-10981 was passed on first reading on October 22, 2018 and since that time no comments have been received. 18-0455 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to adopt Ordinance No. 18- 10981 changing the zoning district classification from R-3 (Multi-Family Residential) to C-4 (Central Business District) on properties addressed as 301 South Fifth Street and 210 East Mulberry Street on second reading. A roll call vote was taken. Aye: (4) Davis, Hay, Hoppock, Ryan. Nay: (0). Motion carried. (7.3) Resolution No. 18-7622 authorizing the Mayor to execute an amendment to Hotel and Motel Transient Guest Tax Agreement with Salina Area Chamber of Commerce. Michael Schrage, Interim City Manager, explained the request, fiscal impact and action options. Eric Wiley, Salina Journal, asked how long the amendment to the agreement would be in place. Mr. Schrage stated the increment capture would be in conjunction with the STAR Bond project which was a 20 year project. Commissioner Davis asked what would happen after the 20 years. Mr. Schrage stated the increment would go back to the original format and could require action by the governing Page 2 body to revert the agreement back to the original language. 18-0456 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Resolution No. 18- 7622 authorizing the Mayor to execute an amendment to Hotel and Motel Transient Guest Tax tatn Agreement with Salina Area Chamber of Commerce. Aye: (4). Nay: (0). Motion carried. W (7.4) First Reading Ordinance No. 18-10984 authorizing the issuance of Senior Special Obligation Revenue Bonds (downtown project) Series 2018A and Subordinate a Special Obligation Revenue Bonds (downtown project) Series 2018B. Michael Schrage, Interim City Manager, explained the bonds, fiscal impact and action o options. Commissioner Hoppock stated there were numerous meetings about this and it was a big deal for the community, thanked the parties involved and a special shout out to interim city manager, Mike Schrage for his work and Salina 2020, Inc. for their vision. He continued to thank Blue Beacon for buying the subordinate bonds and putting the community at ease on the project. Mayor Ryan thanked Mike Schrage, Interim City Manager for his work on this project. Mr. Schrage provided information on the success of the project and thanked Blue Beacon for the vision. 18-0457 Moved by Commissioner Davis, seconded by Commissioner Hay, to pass Ordinance No. 18-10984 authorizing the issuance of Senior Special Obligation Revenue Bonds (downtown project) Series 1 2018A and Subordinate Special Obligation Revenue Bonds (downtown project) Series 2018B on first reading. Aye: (4). Nay: (0). Motion carried. (7.5) Resolution No. 18-7623 authorizing the Mayor to execute a second amendment to the Development Agreement with Salina 2020, Inc. Michael Schrage, Interim City Manager, explained the amendment, fiscal impact and action options. 18-0458 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to adopt Resolution No. 18- 7623 authorizing the Mayor to execute a second amendment to the Development Agreement with Salina 2020, Inc. Aye: (4). Nay: (0). Motion carried. (7.6) Resolution No. 18-7624 authorizing the Mayor to execute a first amendment to the Lighthouse Properties III, Inc. transferee agreement. Michael Schrage, Interim City Manager, explained the amendment, fiscal impact and action options. Eric Wiley, Salina Journal, asked what the new completion date was for the downtown hotel. Mr. Schrage stated November 1, 2019. 18-0459 Moved by Commissioner Hay, seconded by Commissioner Hoppock, to adopt Resolution No. 18- 7624 authorizing the Mayor to execute a first amendment to the Lighthouse Properties III, Inc. 1 transferee agreement. Aye: (4). Nay: (0). Motion carried. (7.7) Downtown Overhead Structure Discussion. Michael Schrage, Interim City Manager, explained the structures, fiscal impact and action Page 3 options. Commissioner Hoppock asked what the savings would be for reducing the overhead structures to three. Jim Kowach, Director of Public Works, stated the savings would be $475,000. Commissioner Hoppock stated the four overhead structures were not the same size and asked if the cost could be affected by that. Mr. Kowach stated yes and continued to provide additional information on the sizes of the structures. = Commissioner Hay asked how much money were we into on the overhead structures right now. Mr. Kowach stated we have spent about a half a million dollars. Jane Anderson, 636 E. Iron Avenue, stated she was on the steering committee and was able to sit in on all of the meetings regarding this matter. She continued to state the conversations were very public and continued to provide her thoughts on the matter. Joan Ratzlaff, Salina, provided thoughts on the public meetings of the overhead structures and stated she was not aware during the meetings that not having the overhead structures were an option. She continued to provide her thoughts on the costs of the project and the look of downtown without the structures. Russ Barragree, 360 Maple Avenue, asked for the governing body to eliminate all of the overhead structures and continued to provide his thoughts on the fiscal impact and look of the structures. Cassie Streit, Royal Crown Salon & Stick It Streit Sandblasting, stated the crosswalk structures were imperative to the downtown streetscape project and continued to provide her thoughts on the structures. Daniel Eckhoff, 2664 Highland Avenue, stated he would prefer to not have any overhead structures. Larry Bunker, 821 Highland Avenue, stated he attended the public meetings and there was discussion on an option to not have the structures and provided his thoughts on the need for the structures. Brad Anderson, Director of Arts and Humanities, stated he represented the Cultural Committee on the Steering Committee on the downtown Streetscape project and provided information on the cultural and architectural aspects of the overhead structures. He further provided information on the aesthetics of the structures. Mr. Schrage asked if staff could provide information on the traffic calming and pedestrian safety of the overhead structures. Mr. Kowach provided information on the original overhead crosswalks, traffic calming, and pedestrian safety. Daniel Eckhoff, 2664 Highland, provided his thoughts on the safety aspect of downtown without the overhead structures and the art deco aspect of the structures. Jane Anderson, 636 E. Iron Avenue, stated there was an option on the survey for the structures to not be replaced and continued to provide her thoughts on the structures. Mr. Kowach provided additional information on the options available on the structures and the financing of the structures. Mr. Schrage stated if the project was deferred to a later date the cost would be solely on the City of Salina, where as if the project was not delayed, two-thirds of the current project Page 4 would be covered by the State of Kansas with the remaining amount covered by the City of Salina. Commissioner Davis stated it was the decision of the citizens to include the structures and inn was comfortable with remaining with four structures. Commissioner Hoppock provided his thoughts on the overhead structures and the look of the downtown with the structures. Mayor Ryan stated he agreed with the aesthetics of the structures and thought we should stay with the four structures. Commissioner Hay stated he had received several phone calls and emails regarding the structures and would like to stay with the four overhead structures. (7.8) Authorize sale of General Obligation Internal Improvement Bonds Series 2018-A, General Obligation Refunding Bonds Series 2016-B, and Temporary Notes Series 2018-2. (7.8a) Receive report on bids received. (7.8b) Second reading Ordinance No. 1840976 authorizing the issuance and delivery of General Obligation Internal Improvement Bonds, Series 2018-A. (7.8c) Resolution No. 18-7617 prescribing the form and details of and authorizing the delivery of General Obligation Internal Improvement Bonds, Series 2018- A. (7.8d) Resolution No. 18-7618 authorizing and directing the sale and delivery of General Obligation Temporary Notes, Series 2018-2. Debbie Pack, Director of Finance & Administration, explained the bids received, bond rating, and projects financed. Mike Schrage, Interim City Manager, stated Commissioner Hodges had reached out to staff on the interest rates and continued to provide information on those rates. 18-0460 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to adopt Ordinance No. 18- 10976 authorizing the issuance and delivery of General Obligation Internal Improvement Bonds, Series 2018-A on second reading. A roll call vote was taken. Aye: (4) Davis, Hay, Hoppock, Ryan. Nay: (0). Motion carried. 18-0461 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Resolution No. 18- 7617 prescribing the form and details of and authorizing the delivery of General Obligation Internal Improvement Bonds, Series 2018-A. Aye: (4). Nay: (0). Motion carried. 18-0462 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Resolution No. 18- 7618 authorizing and directing the sale and delivery of General Obligation Temporary Notes, Series 2018-2. Aye: (4). Nay: (0). Motion carried. (7.9) Resolution No. 18-7620 extending the compliance deadline as ordered by Resolution No. 18-7577 related to repairs or demolition of a dangerous structure located at 425 Russell. Sean Pilcher, Building Official, explained the violation, the requested extension and action Page 5 1 options. Steve Suenram, property owner, stated he would be good with the 60 day timeline and stated work had started on the foundation last week. 18-043 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to adopt Resolution No. 18- 7620 extending the compliance deadline for 60 days, to January 7, 2019 as ordered by Resolution No. 18-7577 related to repairs or demolition of a dangerous structure located at 425 Russell. Aye: h (4). Nay: (0). Motion carried. B (7.10) Resolution No. 18-7619 providing for the advisability and authorizing improvements in Pheasant Ridge Addition No. 3, Phase II. Dan Stack,City Engineer, explained the project, feasibility study, and action options. Conunissioner Davis asked if there were any concerns on the project. Mr. Stack stated no, it was a pretty basic addition with a street,cul-de-sac and small pond. Michael Schrage, Interim City Manager, stated there were modifications to the special assessment financing policy earlier in the year and explained the modifications. A conversation ensued between the Commission and Mr. Schrage regarding the modifications to the policy, the costs of the housing in the surrounding additions and the assessments for this addition. Todd Welsh, 300 S. Ninth, thanked the governing body for their time and thanked staff for their work on the item. He continued to provide information on the original engineering costs of the lots for this addition and provided information on the assessments of other additions. 18-0464 Moved by Commissioner Hay, seconded by Commissioner Davis, to adopt Resolution No. 18-7619 providing for the advisability and authorizing improvements in Pheasant Ridge Addition No. 3, Phase II. Aye: (4). Nay: (0). Motion carried. (7.11) Resolution No. 18-7621 authorizing the Mayor to execute an agreement with SCS Engineers to provide environmental engineering services to complete design work for landfill cell #20. Jim Teutsch, Operations Manager, explained the services to be provided, the agreement, fiscal impact and action options. Mayor Ryan asked what fluff was. Mr. Teutsch stated the hard items would be removed from the trash and soft trash would be used to create a layer to protect the membrane of the cell. 18-0465 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to adopt Resolution No. 18- 7621 authorizing the Mayor to execute an agreement with SCS Engineers to provide environmental engineering services to complete design work for landfill cell #20 in the amount of S55,000 with a 55,000 contingency. Aye: (4). Nay: (0). Motion carried. The City Commission recessed at 6:00 p.m. for a 10 minute break. The meeting resumed at 6:10 p.m. DEVELOPMENT BUSINESS Page 6 (8.1) Application No. PDD18-1/1A, (filed by Jones Gillam Renz Architects on behalf of Blue Beacon International), requesting a change in zoning district classification from R-3 (Multiple Family Residential District) to PDD (Planned Development District) on property addressed as 148 North Oakdale Avenue. (8.1a) First reading Ordinance No. 18-10987. Dean Andrew, Director of Planning, explained the request, PDD districts, zoning requirements, conformance with Comprehensive Plan, Planning Commission recommendation and action options. 8 Commissioner Davis asked if the request for the reduction of parking spaces was due to the number of.parking spaces currently at the location. Mr. Andrew stated a majority of the residents would not have personal transportation so the parking spaces were reduced. He further provided information on how the number of parking spaces were calculated. Commissioner Davis asked who was going to operate the facility. Mr. Andrew stated the property would be utilized by a number of social service agencies and the property was currently owned by Blue Beacon but would eventually be turned over to the social service agencies. Jon Blanchard, 1117 State Street, stated he supported this project and provided his thoughts on the project and the number of parking spaces. 18-0466 Moved by Commissioner Davis, seconded by Commissioner Hay, to pass Ordinance No. 18-10987 changing the zoning district classification from R-3 (Multiple Family Residential District) to PDD (Planned Development District) on property addressed as 148 North Oakdale Avenue on first reading. Aye: (4). Nay: (0). Motion carried. (8.2) Authorize the award of construction contract for the Community Development Block Grant (CDBG) - Commercial Rehabilitation of the Salina Office Station (former Missouri Pacific Train Depot) at 356 N. Santa Fe. Lauren Driscoll, Director of Community & Development Services, explained the project, bids received, CDBG grant program, fiscal impact and action options. Commissioner Hay asked what the repercussion was if the low bid was not accepted. Ms. Driscoll stated it was typical to accept the low bid based on the grant guidelines. Ken Bieberly, Salina Office Station partner, stated they had picked the most responsible contractor and felt comfortable with them performing the work. 18-0467 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to award the construction contract for rehabilitation of the Salina Office Station to Ry-Co Inc. in the amount of $307,443.00 as described in the bid tabulation sheets. Aye: (4). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Request for executive session (personnel). I move the city commission recess into executive session for _ minutes to discuss with its consultant, Art Davis, the confidential identity and qualifications of special applicants for the position of city manager based upon the need to discuss personnel matters of non-elected personnel pursuant to K.S.A. 75-4319(b)(1). The open meeting will resume in this room at p.m. Page 7 Natalie Fischer, Director of Human Resources, stated in light of conversations earlier today regarding the detail of the information provided in the Thursday packets and the need for additional time to review the content, she had consulted with Art Davis regarding an alternate date and November 13th at 2:00 p.m. would work for him if that date and time would work for the commission. w 18-048 Moved by Commissioner Hay, seconded by Commissioner Davis, to hold a special meeting with II s Art Davis for review of the city manager candidate information on November 13, 2018 at 2:00 p.m. E.4 Aye: (4). Nay: (0). Motion carried. 8 (9.2) Request for executive session (personnel). I move the city commission recess into executive session for _ minutes to discuss a non-elected employees' performance based upon the need to discuss personnel matters of non-elected personnel pursuant to K.S.A. 75-4319(b)(1). The open meeting will resume in this room at p.m. Greg Bengtson, City Attorney, stated the reference to the non-elected employee's being plural possessive with the intent of the discussion of multiple employees' and the singular article a appeared in the motion and the motion as it would be read should be read without the a. He further stated the motion must relate to the number of non-elected employees' to be discussed in the executive session. I18-0469 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to recess into executive session for 10 minutes to discuss non-elected employees' performance based upon the need to discuss personnel matters of non-elected personnel pursuant to K.S.A. 75-4319(b)(1). The open meeting will resume in this room at 6:46 p.m. Aye: (4). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:36 p.m. and reconvened at 6:46 p.m. No action was taken. 18-0470 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to recess into executive session for 45 minutes to discuss non-elected employees' performance based upon the need to discuss personnel matters of non-elected personnel pursuant to K.S.A. 75-4319(b)(1). The open meeting will resume in this room at 7:32 p.m. Aye: (4). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:47 p.m. and reconvened at 7:32 p.m. No action was taken. ADJOURNMENT 18-0471 Moved by Commissioner Hay, seconded by Commissioner Davis, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). M 'on carried. The meeting adjourned at 7:34 p.m. ✓ _ [SEAL] Karl F. Ryan, Mayo ATTEST: filled �� Shandi Wicks,CMC,City Clerk Page 8