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01-28-2013 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS January 28, 2013 4:00 p.m. w The City Commission convened at 2:30 p.m. in a Study Session on Property Maintenance Code. The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City -County Building. A roll call was taken followed by the Pledge of Allegiance and a moment of silence. 1 There were present: Mayor Norman M. Jennings, Presiding Officer Commissioner Samantha P. Angell Commissioner Kaye J. Crawford Commissioner Aaron Householter Commissioner Barb Shirley comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk CITIZEN FORUM John Price, 1305 Wayne, commented on the Health Department building, Memorandum of Understanding between the City of Salina and Saline County, architectural and engineering reports regarding the building, structural damage, the need to secure the sight, building improvements, and current structural issues. Mr. Price felt that the insurance company should pay the cost of the repairs. A discussion followed between Mr. Price, Commission, and City Manager Jason Gage ' regarding the engineering and architectural reports, weight load on the roof of the building, need to remedy the situation, and insurance coverage. John Bosin, 1373 Eaglecrest, expressed his concerns with water fluoridation and asked that steps be taken to have it removed. Lou Tyron, 2021 Edward, Salina Cares, expressed her opposition with fluoridation in the city's water and that Wichita turned down fluoridation. Barbara Young, North Salina Community Development, commented on a recent rally held to get signatures on a petition to get a grocery store in the north side of Salina. Ms. Young also responded to Commissioner Householter's questions regarding any suggestions or ideas that may have been given by the public. Commissioner Crawford expressed her appreciation to the committee for organizing the efforts and the importance of having a grocer in that part of the city. Jason Gage, City Manager, noted that the Chamber of Commerce has been working hard to market the vacant building. AWARDS AND PROCLAMATIONS None. ' PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on Petition No. 4353 (filed by John Hendricks on behalf of Premer Brothers Properties), requesting vacation of 30 ft. of platted restricted access on Lot 3, Block 2 of the Riffel Addition plus the abutting vacated right-of-way to allow a right in - right out driveway opening on the west side of South 91h Street a distance of 515 feet south of Schilling Road. (5.1a) First reading Ordinance No. 13-10672. Mayor Jennings opened the public hearing. Page 1 Dean Andrew, Director of Planning, explained the request, use of frontage roads, shared access drives, and private entrances to access lots from Ninth Street. Mr. Andrew continued to note that staff did not support the request, but would be supportive of a plan to redesign and/or relocate the proposed driveway so it would be located and designed to function as a true shared access drive. He also noted that w modification to the Schilling and Riffel intersection was done in 2010. Ken Wasserman, attorney representing the petitioner, noted that they would support $ the redesign. s ' 13-OQ18 Moved by Commissioner Angell, seconded by Commissioner Householter, to recess for 10 minutes for quasi-judicial purposes and reconvene at 5:08 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission reconvened at 5:09 p.m A discussion followed between Commissioner Angell and Mr. Andrew regarding a proposed timeline. 13-0019 Moved by Commissioner Angell, seconded by Commissioner Householter, to direct the petitioner to modify their petition and plan to redesign and/or relocate the proposed driveway so it would be located and redesigned to function as a true shared access drive and not as a driveway serving an individual business parking lot and request that any proposed curb cuts, design, and traffic flow issues to staff by March 11, 2013 and continue the public hearing on March 25, 2013. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of January 14, 2013. (6.2) Approve the minutes of January 18, 2013. (6.3) Acknowledge receipt of special law enforcement trust fund report. ' (6.4) Award of contract for the 2013 Crack and Joint Maintenance (Project No. 13-2951) to Missouri Pavement Maintenance in the amount of $253,845.90 with a 10% contingency of $25,384.59. (6.5) Resolution No. 13-6972 authorizing a sound provider agreement for the Smoky Hill River Festival with Hooper Sound Production Services, LLC. 12-0020 Moved by Commissioner Crawford, seconded by Commissioner Householter, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application No. P12 -1A (filed by Todd Welsh, Inc. and Presbyterian Manors, Inc.) for the acceptance of offered utility and drainage easement and street right-of-way dedications to serve Pheasant Ridge Addition No. 2. Dean Andrew, Director of Planning, explained the request and the Planning Commission recommendation. 12-0021 Moved by Commissioner Angell, seconded by Commissioner Householter, to authorize the Mayor to sign the plat and accept the offered easement and street right-of-way dedications on behalf of the City, including the dedication by Presbyterian Manors, Inc. of a 20 ft utility and drainage easement outside the boundary of the plat that is needed to allow the extension of ' the north -south drainage easement in its current alignment. Aye: (5). Nay: (0). Motion carried. (7.2) Second reading Ordinance No. 12-10648 changing the zoning district classification in Pheasant Ridge Addition No. 2 to R-1 (Single -Family Residential) district. Mayor Jennings noted that the ordinance was passed on first reading on July 23, 2012 and since that time no comments have been received. 12-0022 Moved by Commissioner Householter, seconded by Commissioner Crawford, to adopt Ordinance No. 12-10648 on second reading. A roll call vote was taken. Aye: (5) Angell, Crawford, Householter, Shirley, Jennings. Nay: (0). Motion carried. Page 2 ADMINISTRATION (8.1) Consideration of bids for the 2012-2013 Wayfinding Signs, Project No. 12-2906. N Dan Stack, City Engineer, explained the project, bids received, and state grant funding. a A discussion followed between Commissioner Householter, Mayor Jennings, Mr. Stack, and Jason Gage, City Manager, regarding the cost of using in-house labor. 13-023 Moved by Commissioner Crawford, seconded by Commissioner Householter, to reject the bids and adopt Resolution No. 13-6977 authorizing the submittal of an application to the g Kansas Department of Transportation for 2013 Traffic Enhancements program funds to assist with the project. Aye: (5). Nay: (0). Motion carried. (8.2) Resolution No. 13-6969 providing for the advisability and authorization related to establishing special improvement district for street, drainage, water and sanitary sewer improvements in Pheasant Ridge Addition No. 2. Dan Stack, City Engineer, explained the request, project, estimates, and funding. A discussion followed between Commissioner Householter, Mr. Stack, Michael Schrage, Deputy City Manager, Jason Gage, City Manager, Gary Hobbie, Director of Development Services, and Mayor Jennings regarding project funding, price point of the homes, and development agreement. Commissioner Angell encouraged residential and commercial developers to come into Salina. Commissioner Householter discouraged green space development and encouraged redevelopment. Todd Welsh, 221 Morris, expressed the need for grass root developers and to encourage development. 13-0024 Moved by Commissioner Crawford, seconded by Commissioner Angell, to adopt Resolution No. 13-6969. Aye: (5). Nay: (0). Motion carried. (8.3) Resolution No. 13-6978 terminating the Original Development Agreement for the Workforce Housing Project and authorize the revised Workforce Housing Development Agreement. Gary Hobbie, Director of Development Services, explained the current, proposed agreements, funding, and price -cap of the homes. Michael Schrage, Deputy City Manager, clarified the grant funding, soliciting proposals for housing, and flood plain. Greg Bengtson, City Attorney, commented on the grant funding, utilization of special assessment funding, and administrating the grant. Commissioner Shirley questioned who markets for the work force housing. Todd Welsh, 221 Morris, commented on the need for work force housing. There is no income limits and used for recruiting people to the community. A discussion followed between Commissioner Shirley and Mr. Welsh regarding the one-year limit. ' Mr. Welsh thanked city staff for their work on the project. Dennis Lauver, Chamber of Commerce, commented on the need for work force housing and financing residential development. 13-0025 Moved by Commissioner Angell, seconded by Commissioner Shirley, to adopt Resolution No. 13-6978. Aye: (5). Nay: (0). Motion carried. (8.4) Resolution No. 13-6974 authorizing the preparation and filing with the Kansas Department of Commerce of a Small Cities Community Development Block Grant - Recovery Act (CDBG-R). Gary Hobbie, Director of Development Services, explained the request. Page 3 13-0026 Moved by Mayor Jennings, Commissioner Householter, to recess for a five minute break. Aye: (5). Nay: (0). Motion carried. N The City Commission reconvened at 6:25 p.m. a Mayor Jennings opened the public hearing w Brian Richardson commented on redevelopment and thanked staff and Salina Downtown for their assistance. Michael Schrage, Deputy City Manager, commented on the requirement to determine ' the property to be a blight on neighborhood. Jim Wilson, President Assurance Partners, expressed that they were excited to come back to downtown Salina. A discussion followed between Commissioner Shirley and Mr. Hobbie regarding the application narrative on the river renewal initiatives. Mr. Hobbie summarized the structure and proposed improvements. Phyll Klima, Salina Downtown, Inc., commented on the project and exterior renovation of the property. 13-0027 Moved by Commissioner Angell, seconded by Commissioner Crawford, to adopt Resolution No. 13-6974. Aye: (5). Nay: (0). Motion carried. 13-0028 11 Moved by Commissioner Angell, seconded by Commissioner Householter, to adopt Resolution No. 13-6975. Aye: (5). Nay: (0). Motion carried. Mayor Jennings closed the public hearing. Mr. Schrage clarified the revisions to the agreement with North Central Regional Planning Commission. ' (8.5) Approval of an Energy Performance Contract with Johnson Controls (ESCO) for a Downtown Lighting Improvement Project and an additional Alternate Lighting Construction Contract for additional lighting in the downtown area. Michael Fraser, Director of Public Works, explained the project, funding, and agreements. A discussion followed between Commissioner Angell, Tim Mentz, Johnson Controls, and Jason Gage, City Manager, regarding the calculation of energy savings, future projections, and paybacks. 13-0029 Moved by Commissioner Householter, seconded by Commissioner Angell, to approve the Energy Performance Contract with Johnson Controls in the amount of $2,476,876, plus pay the FCIP fee of $40,769 for a total cost of $2,517,645. Aye: (5). Nay: (0). Motion carried. 13-0030 Moved by Commissioner Householter, seconded by Commissioner Angell, to approve the Alternate Lighting Project Agreement with Johnson Controls in the amount of $590,889. Aye: (5). Nay: (0). Motion carried. (8.6) First reading Ordinance No. 13-10673 levying special assessments for the improvements in the Stone Lake Addition. Dan Stack, City Engineer, explained the project, total costs, and funding. Michael Schrage, Deputy City Manager, commented on ability to do the waiver. 13-0031 Moved by Commissioner Crawford, seconded by Commissioner Angell, to pass Ordinance No. 13-10673 on first reading. Aye: (5). Nay: (0). Motion carried. (8.7) Resolution No. 13-6976 authorizing the offering for public sale of Taxable General Obligation Internal Improvement Bonds, Series 2013-A. Rod Franz, Director of Finance and Administration, explained the bond issuance. 13-0032 II Moved by Commissioner Angell, seconded by Commissioner Shirley, to adopt Resolution No. 13-6976. Aye: (5). Nay: (0). Motion carried. (8.8) Request for an executive session (trade secrets). Page 4 13-0033 Moved by Commissioner Shirley, seconded by Commissioner Householter, to recess into executive session for 20 minutes to discuss confidential data relating to the financial affairs and trade secrets of a corporation for the reason that public discussion of the information h would competitively disadvantage the corporation and reconvene at 7:25 p.m. Aye: (5). Nay: (0). Motion carried. a w The City Commission reconvened at 8:00 p.m. No action was taken. N .s" OTHER BUSINESS None. ADJOURNMENT 13-0034 Moved by Commissioner Householter, seconded by Commissioner Shirley, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). otion carried. The meeting adjourned at 8:00 p.m. [SEAL] Norman . Jennings, Mayor ATTEST; „ Lieu Arm Elsey, CMC, City Clerk Page 5