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11-24-2014 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS November 24, 2014 4:00 p.m. w The City Commission convened at 2:45 p.m. for Follow-up Discussion on Iron Avenue Gateway Design and 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 N 0 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 Shandi Wicks, City Clerk. AWARDS AND PROCLAMATIONS None. CITIZEN FORUM Joann Morgan, 238 S. Third, provided information regarding her dogs held at the Animal Shelter and requested the current pit bull ordinance be lifted or revised. Mayor Householter, Jason Gage, City Manager, and Greg Bengtson, City Attorney, responded. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Protest Petition on Application No. SP14-3 (filed by Ideatek), requesting approval of a Special Permit to allow the placement of a Wireless Communication Facility (new support pole and antenna) in the public right-of-way for South Marymount Road. Mayor Householter opened the public hearing. Dean Andrew, Director of Planning, asked Greg Bengtson, City Attorney, to introduce Aaron Martin, Clark, Mize & Linville. Greg Bengtson, City Attorney, provided information regarding the ordinance for Distributed Antenna Systems and applicable federal law and introduced Aaron Martin, Clark, Mize & Linville. Mr. Martin explained the city code pertaining to distributed antenna systems, applicable federal law and radio frequency regulations. Commissioner Davis asked for clarification on the standards for evaluation of special permit applications compatibility with abutting property and surrounding land use. Mr. Martin responded. Commissioner Hardy asked for information regarding other small towers within the area. Mr. Martin responded. Commissioner Blanchard asked if they could hear from staff, the applicant and the public prior to asking additional questions. Jason Gage, City Manager, responded. Mr. Andrew provided information regarding the application submitted, proposed pole Page 1 D J location, Planning Commission recommendation and the protest petition filed. Commissioner Hardy asked about the location of the pole in relation to the property line of the property. Mr. Andrew responded. Commissioner Blanchard asked for clarification on the motion options, the percentage of the property owners that signed the protest petition, if there were additional locations for proposed poles in Salina and the Planning Commissions recommendation for the other applications submitted. Mr. Andrew responded. Commissioner Davis asked for additional information regarding the pole type used. Mr. Andrew responded. William Myers, IdeaTek, provided information regarding the use of other poles in the area, the reason for denial of the Planning Commission on a separate application submitted by IdeaTek and the perception of the pole in the community. Commissioner Davis asked if there was customer motivation for the pole location and the location of the pole in relation to the power lines in the area. Mr. Myers responded. Commissioner Blanchard asked if moving the proposed location of the pole would harm the performance of the system. Mr. Myers responded. Commissioner Davis asked for the location of the closest pole to this location and how far apart the pole locations need to be. Mr. Myers responded. Mayor Householter left the meeting at 5:04 p.m. Mayor Householter returned to the meeting at 5:06 p.m. Commissioner Hardy asked for clarification on the fringe coverage of service and the potential future need for the distributed antenna system. Mr. Myers responded. Mayor Householter provided his thoughts on the location of the pole. Commissioner Blanchard provided his thoughts on an alternate location of the pole. Mr. Myers responded. Commissioner Crawford provided her thoughts on the request. Commissioner Davis provided his thoughts on locating the pole within the cemetery. Jennifer McCall, 922 S. Marymount, provided information regarding her concerns with the proposed pole location. Mayor Householter asked for Ms. McCall's thoughts on an alternate pole location. Ms. McCall responded. Commissioner Blanchard asked for the name of the owner of the property to the south of Ms. McCall. Ms. McCall responded. Chad Kassem, 948 Barlow Drive, provided his thoughts on the proposed pole location and provided alternate pole locations. Commissioner Blanchard asked the length of Eastridge Drive and the addresses that are included in the petition area. Mr. Andrew responded. Commissioner Blanchard asked Mr. Kassem for his thoughts on an alternate pole location. Mr. Kassem responded. Don Kaiden, 870 Eastridge Drive, provided his thoughts on the proposed pole location and the alternate locations discussed. Page 2 14-0352 L 14-0353 M John Adams, 911 Barlow Drive, provided his thoughts on the proposed pole location and alternate locations available. Luis Lopez, 930 Barlow Drive, provided his thoughts on the proposed pole locations and the ability to move the pole to an alternate location. Mayor Householter asked for Mr. Myers with IdeaTek to respond to the questions of the citizens. Mr. Myers provided information regarding moving the pole to an alternate location, safety of the pole location and underground utilities within the neighborhood. Commissioner Hardy asked for information regarding the denial of the permit application filed for the Country Club Park location. Mr. Myers responded. Commissioner Davis asked for the area that was in need of better service. Mr. Myers responded. Mr. Martin provided information regarding the need for the system and the nine performance criteria standards that must be met. Commissioner Blanchard asked for the significance of the pole location and if there was flexibility in moving the pole to an alternate location. Mr. Myers responded. There being no further comments the public hearing was closed. Commissioner Blanchard asked for clarification of the Planning Commission discussion regarding the item. Mr. Andrew responded. Commissioner Crawford asked if the City Commission could suggest an alternate location to IdeaTek. Mr. Andrew and Mr. Martin responded. Commissioner Blanchard requested to move into closed door session with legal counsel Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to recess into a quasi- judicial closed session for 15 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 6:15 p.m. The City Commission recessed into a 3 minute break at 5:57 p.m., then recessed into quasi- judicial closed session at 6:00 p.m. and reconvened at 6:18 p.m. No action was taken. Moved by Commissioner Hardy, seconded by Commissioner Davis, to deny the applicant's request for a Special Permit to locate a wireless communication facility (new wooden support pole, antenna and equipment cabinet) on this location and the findings for the denial are compatibility with abutting property and surrounding land uses; adverse impacts such as visual, environmental, or safety impacts; screening potential of existing vegetation, structures and topographic features; and scale of facilities in relation to surrounding land uses. Aye: (5). Nay: (0). Motion carried. Mayor Householter requested Item 8.1 be moved before other items on the agenda. DEVELOPMENT BUSINESS (8.1) First reading Ordinance No. 14-10758 formalizing the property tax exemption for Salina Vortex Corporation's building addition located at 1725 Vortex Avenue. Page 3 N N Z 14-0154 M 14-0355 14-0356 14-0357 Dean Andrew, Director of Planning, explained the exemption. Commissioner Blanchard asked for a projected amount of the property tax exemption and if there were any public utilities included. Mr. Andrew responded. Lee Young, Salina Vortex, provided additional information on the building addition. Moved by Commissioner Davis, seconded by Commissioner Crawford, to pass Ordinance No. 14- 10758 on first reading formalizing the property tax exemption for Salina Vortex Corporation's building addition located at 1725 Vortex Avenue. Aye: (5). Nay: (0). Motion carried. Jason Gage, City Manager, asked if the commission would like to address the Iron Avenue Gateway Art during an executive session at the end of the meeting. The Commission concurred. CONSENT AGENDA (6.1) Approve minutes of November 17, 2014. (6.2) Authorize the maintenance of Water Well Nos. 13 and 14; Project No. 14-3053, by Layne Christensen Company, Wichita, Kansas, in an amount not to exceed $52,184. (6.3) Resolution No. 14-7154 authorizing the Mayor to execute a Second Amendment to the Architect Agreement with Convergence Design, LLC, for the Salina Bicentennial Center Renovations. (6.4) Authorize the Mayor to sign an agreement to terminate the engineering services agreement with Geiger Engineers, P.C., for the Salina Bicentennial Center Renovations. Commissioner Hardy requested that Items 6.1, 6.2 and 6.4 be removed from the consent agenda Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to approve item 6.3. Aye: (5). Nay: (0). Motion carried. (6.1) Approve minutes of November 17, 2014. Commissioner Hardy noted some minor changes to the minutes. Commissioner Blanchard asked if the minutes for the City Commission are different than those of the Planning Commission. Jason Gage, City Manager, responded. Moved by Commissioner Davis, seconded by Commissioner Blanchard, to approve item 6.1, minutes of November 17, 2014 as amended. Aye: (5). Nay: (0). Motion carried. (6.2) Authorize the maintenance of Water Well Nos. 13 and 14; Project No. 14-3053, by Layne Christensen Company, Wichita, Kansas, in an amount not to exceed $52,184. Commissioner Hardy asked if the maintenance for the water wells was the best way to clean the wells. Martha Tasker, Director of Utilities, responded. Moved by Commissioner Hardy, seconded by Commissioner Davis, to authorize the maintenance of Water Well Nos. 13 and 14; Project No. 14-3053, by Layne Christensen Company, Wichita, Kansas, in an amount not to exceed $52,184. Aye: (5). Nay: (0). Motion carried. (6.4) Authorize the Mayor to sign an agreement to terminate the engineering services agreement with Geiger Engineers, P.C., for the Salina Bicentennial Center Renovations. Page 4 Z W 14-0358 N C U 14-0359 14-0360 14-0361 F Commissioner Hardy asked for the amount of money spent with Geiger Engineers. Dion Louthan, Director of Parks & Recreation, responded. Commissioner Blanchard asked if the engineer was aware of the budget for the roof rigging. Mr. Louthan and Jason Gage, City Manager, responded. Commissioner Blanchard asked when Geiger Engineers was originally hired. Mr. Louthan and Mr. Gage responded. Moved by Commissioner Hardy, seconded by Commissioner Crawford, to authorize the Mayor to sign an agreement to terminate the engineering services agreement with Geiger Engineers, P.C. for the Salina Bicentennial Center Renovations. Commissioner Blanchard asked if there were any remedies to handle this termination. Jason Gage, City Manager, and Greg Bengtson, City Attorney, responded. Mayor Householter called the question to authorize the Mayor to sign an agreement to terminate the engineering services agreement with Geiger Engineers, P.C., for the Salina Bicentennial Center Renovations. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 14-10757 providing for the vacation of a 10 foot east -west alley abutting Lot 51 on Front Street and Lot 103 on Second Street in the Original Town of Salina, Saline County, Kansas. Mayor Householter noted that Ordinance No. 14-10757 was passed on first reading on November 17, 2014, and since that time no comments have been received. Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to adopt Ordinance No. 14-10757 on second reading. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Davis, Hardy, Householter. Nay: (0). Motion carried. (7.2) Resolution No. 14-7155 authorizing the Mayor to execute an agreement with Mize Houser & Company, P.A., Certified Public Accountants, for an audit of City records for the year ending December 31, 2014. Rod Franz, Director of Finance, explained the agreement. Moved by Commissioner Crawford, seconded by Commissioner Davis, to adopt Resolution No. 14-7155 authorizing the Mayor to execute an agreement with Mize Houser & Company, P.A., Certified Public Accountants, for an audit of City records for the year ending December 31, 2014. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Greg Bengtson, City Attorney, provided information regarding the discussion within executive session and that it will be limited to legal aspects only. Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to recess into executive session for 15 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 7:15 p.m. Page 5 14-0362 N LUZ a 14-0*3 N O U 14-0364 14-0365 14-0366 14-0367 The City Commission recessed for a 3 minute break at 6:57 p.m. then recessed into executive session at 7:00 p.m. and reconvened at 7:15 p.m. No action was taken. Moved by Commissioner Blanchard, seconded by Commissioner Hardy, 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 7:15 p.m. and reconvened at 7:30 p.m. No action was taken. Moved by Commissioner Hardy, seconded by Commissioner Blanchard, 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 7:30 p.m. and reconvened at 7:45 p.m. No action was taken. Moved by Commissioner Crawford, seconded by Commissioner Hardy, 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 7:45 p.m. and reconvened at 8:00 p.m. No action was taken. Moved by Commissioner Hardy, seconded by Mayor Householter, 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 8:00 p.m. and reconvened at 8:15 p.m. No action was taken. Moved by Commissioner Blanchard, 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 8:15 p.m. and reconvened at 8:25 p.m. No action was taken. ADJOURNMENT Moved by Commissioner Davis, seconded by Commissioner Blanchard, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). N� ). Motion carried. The meeting adjourned at 8:25 p.m. [SEAL] I ATTEST: Shandi Wicks, CMC, City Clerk K. Householter, Mayor Page 6