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07-15-2019 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS July 15,2019 4:00 p.m. E The City Commission convened at 1:30 p.m. for Budget: Follow-up & Continuation of Issues and Options & Review of Draft Budget and at 3:45 p.m. for Citizens Forum at City-County Building, y Room 107. B 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 U silence. • Those present and comprising a quorum: Mayor Trent W. Davis, M.D. (presiding), Commissioners Joe Hay,Jr., Melissa Rose Hodges,and Karl Ryan. Also present: Michael Schrage, City Manager;Jacob Wood, Deputy City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. Absent: Commissioner Mike Hoppock. AWARDS AND PROCLAMATIONS None. CITIZENS FORUM 1 Karen Shade, Salina, noted the Salina Code sections pertaining to taxicabs and provided information on a recent open records request on taxicab inspections,changes to the City-Go bus stops, and the benches that were part of the downtown streetscape construction on Santa Fe Avenue located close to the street. Michael Schrage, City Manager, stated that statutorily Uber and Lyft were lifted from the local requirement and stated that the inspection of the taxicabs was in the code as an annual inspection but that could be altered with an amendment to the code by the City Commission. He continued by stating that staff could look at the location of the benches and determine if the benches would need to be moved. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of July 8, 2019. (6.2) Award contract for 10th and Elm Parking Lot, Project No. 90032, to Lancaster Construction, Salina, in the amount of $185,990.37 with a 524,009.63 (12.9%) construction contingency. Commissioner Hodges requested that Item 6.2 be removed from the consent agenda. I19-0201 Moved by Commissioner Hay, seconded by Commissioner Hodges, to approve the consent agenda less Item 6.2. Aye: (4). Nay: (0). Motion carried. Paee 1 (6.2) Award contract for 10th and Elm Parking Lot, Project No. 90032, to Lancaster Construction, Salina, in the amount of $185,990.37 with a $24,009.63 (12.9%) construction contingency. Commissioner Hodges provided her thoughts on the landscaping of the parking lot. Chief Nelson stated he was in favor of having low maintenance landscaping like rock. 19-024 Moved by Commissioner Hodges, seconded by Commissioner Hay, to award contract for 10th and Elm Parking Lot, Project No. 90032, to Lancaster Construction, Salina, in the amount of$185,990.37 with a $24,009.63 (12.9%) construction contingency. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 19-11009 approving the Feast on the Fe as a special event and authorizing the consumption of alcoholic liquor within the boundaries of barricaded public areas at such event. Mayor Davis noted that Ordinance No. 19-11009 was passed on first reading on July 8, 2019 and since that time no comments have been received. 19-0203 Moved by Commissioner Hay, seconded by Commissioner Hodges, to adopt Ordinance No. 19- 11009 approving the Feast on the Fe as a special event and authorizing the consumption of alcoholic liquor within the boundaries of barricaded public areas at such event on second reading. A roll call vote was taken. Aye: (4) Hay, Hodges, Ryan, Davis. Nay: (0). Motion carried. (7.2) Second reading Ordinance No. 19-11010 amending Section 5-25 of the Salina Code to permit consumption of alcoholic liquor on certain Saline County Livestock and Expo Center grounds and buildings. Mayor Davis noted that Ordinance No. 19-11010 was passed on first reading on July 8, 2019 and since that time no comments have been received. 19-0204 Moved by Commissioner Hodges, seconded by Commissioner Hay, to adopt Ordinance No. 19- 11010 amending Section 5-25 of the Salina Code to permit consumption of alcoholic liquor on certain Saline County Livestock and Expo Center grounds and buildings on second reading. A roll call vote was taken. Aye: (4) Hay, Hodges, Ryan, Davis. Nay: (0). Motion carried. (7.3) Resolution No. 19-7720 authorizing the Mayor to execute a license agreement allowing continued use of an underground vault in public right-of-way with Big Nose Kate's, LLC, located at 117 N. Santa Fe Avenue and rescinding Resolution No. 19-7697. Dan Stack,City Engineer, explained the request, location, fiscal impact and action options. Mayor Davis asked if the vault was used by the owner for other purposes than the fire line and the water service system. Mr. Stack stated no. • 19-0205 Moved by Commissioner Hay, seconded by Commissioner Hodges, to adopt Resolution No. 19- 7720 authorizing the Mayor to execute a license agreement allowing continued use of an underground vault in public right-of-way with Big Nose Kate's, LLC, located at 117 N. Santa Fe Avenue and rescinding Resolution No. 19-7697. Aye: (4). Nay: (0). Motion carried. Page 2 DEVELOPMENT BUSINESS None. OTHER BUSINESS Mayor Davis asked for an update or an outline on the plans of the census next year. Lauren Driscoll, Director of Community & Development Services, stated the count committee had N been identified and would meet with the census representative the last week of July or first of August so she could get a report out to the City Commission in early August. Commissioner Hodges stated it was noted in the City Manager's report this week that 1 Vision decided to decline the State of Kansas incentives due to the requirement that the company had to fund 50% of the employee's healthcare insurance. She continued by asking if staff had been in contact with the State of Kansas and what the State of Kansas' reaction was to 1 Vision's decision to turn down the incentives and will that have any ramifications for us if we need to work cooperatively with the Kansas Department of Commerce or Kansas Department of Transportation when looking at projects with KSU Polytechnic. Michael Schrage, City Manager, stated he had not directly been in contact but his understanding was that the State of Kansas was aware of the decline in incentives and had been in contact with 1 Vision and were having conversations about any incentives the State of Kansas could provide that did not have the provision for the health insurance requirement. He continued to state that the City of Salina was not in a position to turn the business away, have no role in the process in terms of providing incentives or any ability to a disallow them and he did not think the State of Kansas would hold that against the City of Salina. Commissioner Hodges stated the action taken by the City Commission was an unconditional approval of the airport authority being able to issue bonds for the improvements and provided her thoughts on the bond issuance, the incentives and the affect on the taxpayers. She continued to state that she would like to have the opportunity to reconsider the approval of the bonds and to put the question up to a vote of the citizens. Commissioner Hodges provided her thoughts on the decline on incentives. She continued by asking her fellow commissioners and legal if she could make a motion to reconsider the unconditional approval of the bonds. Greg Bengtson, City Attorney, stated under the rules it was a motion that she could make if she chose to. 19-0206 Moved by Commissioner Hodges to reconsider the unconditional approval for the economic incentives for 1 Vision. Mr. Schrage stated he was raising a procedural question and the action from last week authorized another party to proceed and had a practical question about giving approval to the point of reliance on it and whether that impacted the ability to reconsider the approval. Mr. Bengtson stated he did not know where matters stood and could not relate the ramifications for a timing standpoint and what all was in motion and how quickly Tim Rogers or bond counsel could be contacted. He continued to state there was not anything that would prohibit the motion being made but prohibit the motion being considered that was the rest of the story. Mayor Davis asked for an explanation on the difference in an unconditional approval Page 3 versus a regular approval. Mr. Bengtson stated it was unique to this very situation and the statute on the creation of the airport authority being able to issue its own bonds. He further stated there were three (3) choices that the Governing Body had; (1) to unconditionally approve the issuance which meant that the City Commission approve it and it could go forward; (2) approve it such that it was subject to the potential of a petition and referendum which could leave open the potential for a petition that could force a referendum that would reflect on the timing and everything associated with the process of the bond issuance, (3) to disapprove the issuance. He continued to state it was naturally a statutory construct to draw attention to those three (3) options. a Commissioner Ryan stated that if he recalled correctly that Tim Rogers stated that all the bond issuances for the Salina Airport Authority were unconditionally approved. Mr. Schrage stated that was his understanding. Mayor Davis called the question to reconsider the unconditional approval for the economic incentives for 1 Vision. Motion died due to a lack of second. A conversation ensued between the City Commission and Mr. Schrage regarding the decline in accepting the State of Kansas incentives, the economic development incentives offered by the City of Salina and if the economic development incentives listed health insurance as a requirement. ADJOURNMENT 19-0207 Moved by Commissioner Ryan, seconded by Commissioner Hodges, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 4:37 p.m. dt/C144telN) P179 [SEAL] Trent W. Davis, M.D., Mayor ATTEST: ^ 'Il Shandi Wicks, CMC,City Clerk 1 Page 4