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10-06-2014 MinutesN n 0 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 6, 2014 4:02 p.m. The City Commission convened at 2:30 p.m. for Justice Complex Project Tour and Discussion 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 Aaron Householter (presiding), Commissioners Jon R. Blanchard, Kaye J. Crawford, Trent Davis, and Randall R. Hardy. Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Miki Orr-Muths, Administrative Assistant. AWARDS AND PROCLAMATIONS None. CITIZEN FORUM Lou Tryon, 2122 Leland Way, addressed the commission on fluoride information that was not included in the Salina Journal article on October 5, 2014. Dennis Beniot, 1773 20th Road, Kanopolis, spoke to the Commission on dental fluorosis. Margie Brule, 803E Minneapolis Avenue, Salina, addressed her concerns on fluoridation in the water. Laura Main, 524 N 12th Street, Salina, addressed the Commission regarding her allergies to fluoride. Sheryl Musfelt, 1035 Merrily Circle, Salina, addressed the Commission regarding her concern of fluoride in the water. Ray Hruska, 235 N Santa Fe, Salina, addressed the Commission regarding his concerns on fluoridation. BLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve minutes of September 22, 2014. (6.2) Resolution No. 14-7139 appointing members to various boards and commissions. (6.3) Accept the offered water line easement dedication for the public water line now serving the St. Mary's Elementary School. (6.4) Accept the offered drainage easement dedications for the detention basins serving the Salina Montessori Preschool. Page 1 14-0281 Z w 1 14-0282 14-0283 14-0284 (6.5) Authorize the issuance of a purchase order for a new performance stage from StageRight, Inc. for installation in the Salina Bicentennial Center in the amount of $94,720. Commissioner Blanchard requested that Items 6.2 and 6.4 be removed from the consent agenda. Moved by Commissioner Crawford, seconded by Commissioner Davis, to approve the consent agenda with items 6.2 and 6.4 removed. Aye: (5). Nay: (0). Motion carried. (6.2) Resolution No. 14-7139 appointing members to various boards and commissions. Commissioner Blanchard questioned the eligibility of a person who was out of the City limits, how members were picked and if the policy needs to be updated. Jason Gage, City Manager, responded. Commissioner Crawford stated she recalled back in the 1980's Mayor Soderberg had changed the process to remove department heads from picking appointments. Mr. Gage responded. Moved by Commissioner Blanchard, seconded by Commissioner Davis, to approve Resolution 14- 7139 upon conditions of qualifications being met. Aye: (5). Nay: (0). Motion carried. (6.4) Accept the offered drainage easement dedications for the detention basins serving the Salina Montessori Preschool. Commissioner Blanchard inquired about the drainage analysis and the impact on the area. Dean Andrew, Director of Planning, responded. Commissioner Blanchard asked if there were any concerns from neighbors having a preschool in the area and if the landscape would meet criteria to blend into the area. Mr. Andrew and Michael Schrage, Deputy City Manager, responded. Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to accept the offered drainage easement dedications for the detention basins serving the Salina Montessori Preschool. Aye: (5). Nay: (0). Motion carried. I ADMINISTRATION (7.1) Resolution No. 14-7140 designating the city manager as the local freedom of information officer for the City of Salina in accordance with K.S.A. 45-226 and repealing Resolution No. 03-5996. Andi Willems, Deputy Finance Director, explained the request and recommended action. Commissioner Blanchard asked who the existing freedom of information officer was. Ms. Willems responded. Commissioner Hardy asked if there were any educational requirements for the position. Ms. Willens and Mr. Gage, City Manager, responded. Moved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Resolution No. 14- 7140 designating the city manager as the local freedom of information officer in accordance with K.S.A. 45-226 and repealing Resolution No 03-5996. Aye: (5). Nay: (0). Motion carried. (7.2) First reading Ordinance No. 14-10754 levying special assessments against a certain lot and piece of property to pay the cost of abatement of nuisances. Page 2 f z EL LU T 14-025 0 U 14-0286 Andi Willems, Deputy Finance Director, explained the assessments. Commissioner Blanchard asked about the location of the property and when the work was performed. Gary Hobbie, Director of Development Services responded. Commissioner Hardy asked if the property was vacant. Mr. Hobbie responded. Mayor Householter asked if the property was currently in foreclosure. Ms. Willems and Mr. Gage, City Manager responded. Moved by Commissioner Davis, seconded by Commissioner Blanchard, to pass Ordinance No. 14- 10754 levying special assessments against a certain lot and piece of property to pay the cost of abatement of nuisances on first reading. Aye: (5). Nay: (0). Motion carried. (7.3) Authorize the mayor to execute the First Amendment to Agreement for construction of Municipal Solid Waste Landfill Cell 19, City Project No. 14-3022. Dan Stack, City Engineer, explained the amendment and recommended action. Mr. Gage, City Manager also addressed the Commission. Commissioner Davis asked about the retainer. Mr. Stack responded. Commissioner Hardy asked about the landscaping and the type of grass seed used. Mr. Stack responded. Commissioner Blanchard asked what the difference was between substantial completion, final completion, how many weather days will be requested, and liquidated damages. Mr. Stack and Mr. Gage responded. Commissioner Blanchard asked if the delay will hinder operations at the landfill. Michael Fraser, Director of Public Works, responded. Commissioner Hardy asked for clarifications on payment. Mr. Stack and Mr. Gage responded. Commissioner Blanchard asked if Kansas Department of Health and Environment, (K.D.H.E.) has ever denied approval of a cell. Mr. Stack responded. Greg Bengtson, City Attorney, clarified liquidated damages. Aaron Martin, City Attorney, clarified weather delays and that the agreement can be changed in the motion to not allow further weather delay days to be granted. Greg Bengtson, City Attorney, and Mr. Gage responded. Moved by Commissioner Hardy, seconded by Commissioner Davis, to authorize the mayor to execute the First Amendment to Agreement for construction of Municipal Solid Waste Landfill Cell 19, City Project No. 14-3022 with modification that the substantial completion date is not subject to modifications for additional rain days. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Application PDD04-5A (filed by Kwik Shop, Inc.) requesting approval of an amendment of the architectural restrictions adopted as part of the preliminary development plan and planned development district ordinance for the Georgetown Village Place PDD located at the northeast corner of Fairdale Road and Crawford Street applicable to the Kwik Shop Page 3 convenience store located at 657 Fairdale Road. (8.1a) First reading Ordinance No. 14-10753. Dean Andrew, Director of Planning, explained the preliminary development plan and recommended action. Z W Commissioner Blanchard asked if Kwik Shop was looking into changing the style of roof R and if the landscaping was up to date with the PDD. Mr. Andrew responded. D D Commissioner Davis asked for clarification on option No. 1 presented to the Commission o and if other things could be added to the site plan. Mr. Andrew responded. U Commissioner Davis asked if there could be any unforeseen changes to the neighborhood that would require the building to stay the same. Mr. Andrew responded. Commissioner Blanchard asked about the siding on the west side of the building and who had architectural control if the owners wanted to change the entire building. Mr. Andrew responded. Commissioner Davis asked for clarification on style change and that option No. 1 recommended more than what was asked for by Kwik Shop. Mr. Andrew responded. Commissioner Blanchard asked for clarification of option No. 3 and expressed that he liked that option. Mr. Andrew responded. Commissioner Crawford expressed that she did not feel that any restrictions were needed. for the roof. Mayor Householter asked if there were minimum standard requirements in the zoned area. Mr. Andrew responded. Commissioner Crawford asked if it was the City that had initially put the restrictions on Kwik Shop. Mr. Andrew responded. Commissioner Blanchard clarified the original restrictions on the property were from the developer. Mr. Andrew and Mr. Gage responded. Commissioner Hardy asked if this was similar to the Lockner Building and that he was in favor of allowing Kwik Shop to use their brand. Mr. Andrew responded. Mayor Householter stated it was unfair to look at different areas of town and hold them to a different level of standards. Mr. Gage responded. Commissioner Davis asked if there were any objections by neighbors at the Planning Commission meeting and for clarifications of the options presented. Mr. Andrew responded. Commissioner Hardy stated that he would like to give Kwik Shop the option to bring the building up to date. Mayor Householter stated the look was antiquated and wanted to give them the option to update the area. Mr. Andrew responded. Joe Hay, 109 Baker Street, Salina, added that it would be beneficial to approve the changes to keep the store in the area. Commissioner Blanchard expressed his dislike for the idea that we have to accept minimum plans but would rather ask franchises to aim higher. Other communities require Page 4 higher standards and we could do the same. He asked if there was a way in the process to ask for added features. Commissioner Crawford stated that we have a Planning Commission and we should back them for the hard work that they do and go with their recommendations. W Commissioner Hardy expressed that Kwik Shop would go with better improvements if they knew the Commission would agree with what they wanted to do. Mayor Householter stated he would agree to anything that would allow the roof to be y changed. 0 14-0287 Moved by Commissioner Davis, seconded by Commissioner Blanchard, to pass Ordinance No. 14- 10753 on first reading approving the recommendations of the Planning Commission to approve Kwik Shop's request to amend or lift the original architectural restrictions allowing the proposed facade and roof changes to the store with the condition that the proposed architectural changes to the store be submitted for review by the Planning Commission to insure compatibility with the surrounding neighborhood. Aye: (5). Nay: (0). Motion carried. (8.2) Resolution No. 14-7141 and Resolution No. 14-7142 granting license agreements to Brown Mackie College Salina, LLC for private parking encroachments within a public right-of-way and placement of a private fiber line within the same public right-of-way. Michael Schrage, Deputy City Manager, explained the agreements, private utilities affected and recommended action. Commissioner Blanchard asked if they were currently using the gravel for parking, would the gravel parking area be converted into a soft scape and if utility service providers would have an issue. Mr. Schrage and Jason Gage, City Manager, responded. Mayor Householter inquired about the buildings in the surrounding area, the easement and who is responsible for the maintenance of the road. Mr. Schrage responded. Commissioner Hardy asked if Brown Mackie met their current parking requirements for the property. Mr. Schrage responded. Jason Gage, City Manager, discussed with Mr. Schrage the license agreement and if there was a need to add language to the agreement for utility maintenance access if towing would be needed. Mr. Schrage responded. 14-0288 Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to adopt Resolution No. 14-7141 granting a license agreement to Brown Mackie College Salina, LLC for private parking encroachments within the public right-of-way and provide legal accessibility to the utility. Aye: (5). Nay: (0). Motion carried. 14-0289 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to adopt Resolution No. 14-7142 granting a license agreement to Brown Mackie College Salina, LLC for placement of private fiber line within the same public right-of-way. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Request for executive session (legal). Page 5 L 14-0290 14-04)1 0 U 14-0292 14-0293 Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to recess into executive session for 10 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 6:45 p.m. Moved by Commissioner Hardy, seconded by Commissioner Davis, 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 6:45 p.m. and reconvened at 6:55 p.m. No action was taken. Moved by Commissioner Hardy, seconded by Commissioner Davis, to extend the current executive session for an additional 5 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:55 p.m. and reconvened at 7:00 p.m. No action was taken. ADJOURNMENT Moved by Commissioner Hardy, seconded by Commissioner Crawford, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). N :�0). Motion carried. The meeting adjourned at 7:00 p.m. [SEAL] ATTEST: & //J" Wicks, CMC, City Clerk Aaron K Mayor Page 6