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12-29-2014 MinutesCITY OF SALINA, KANSAS SPECIAL MEETING OF THE BOARD OF COMMISSIONERS December 29, 2014 2:00 p.m. The Special Meeting of the Board of Commissioners was called to order at 2:00 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 Shandi Wicks, City Clerk. AWARDS AND PROCLAMATIONS None, CITIZEN FORUM None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENTAGENDA (6.1) Approve minutes of December 22, 2014. (6.2) Award of contract for the Sanitary Sewer Line Replacement, Project No. 13-2961 to Smoky Hill, LLC. in the amount of $832,820 (authorized amount with 5% Construction Contingency, $874,460). 14-0406 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 14-10761 requesting approval of a zoning change from I-2 (Light Industrial) district to a PDD (P-[PF]) (Public Use-Public Facilities) Planned Development District and the approval of a preliminary site development plan for proposed building additions on the Fire Station No. 1 site located at the northwest corner of North 71h Street and Elm Street. 14-0407 Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to adopt Ordinance No. 14-10761 on second reading requesting approval of a zoning change from I-2 (Light Industrial) district to a PDD (P-[PF]) (Public Use-Public Facilities) Planned Development District and the approval of a preliminary site development plan for proposed building additions on the Fire Station No. 1 site located at the northwest comer of North 71h Street and Elm Street. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Davis, Hardy, Householter. Nay: (0). Motion carried. (7.2) Authorize the 2015 Sub-CIP. Page I 0 14-0408 14-0409 Andi Willems, Deputy Finance Director, explained the Sub-CIP. Commissioner Blanchard asked for details on the East Crawford Recreation Area Ball Field Light Replacements Project. Jason Gage, City Manager, responded by stating the project funds are designated for replacement of the lights to four ball fields. Commissioner Hardy asked about the amount of money designated to the Hike & Bike Trail. Mr. Gage responded by stating the 540,000 is the typical amount designated with the potential ability to obtain grant funds. Commissioner Hardy would like the amount for the Hike & Bike Trail to be increased for future rounds. Mr. Gage responded by stating the amount could be increased with a deduction to the Gateway Interstate Signage Project or the East Crawford Recreation Area Ball Field Light Replacement Project. Commissioner Blanchard asked if the new sidewalk project and the sidewalk repair project were related to the connecting links. Mr. Gage responded by stating that the money could be used for a connecting link per the sidewalk construction policy but it was not earmarked for that purpose. Commissioner Crawford asked about the ADA Ramp Project. Dan Stack, City Engineer, responded by stating the amount designated should be able to replace approximately 40 ramps in 2015. Mr. Stack also stated that there would be a significant amount of sidewalk repairs for the 2015 year. Ray Hruska, 235 N. Santa Fe, asked about the substandard lighting project. Mr. Gage responded by stating that, due to the age of the current lighting, replacement was necessary to meet the new lighting standards. Dion Louthan, Director of Parks & Recreation, responded by stating what the new lighting standards were for ball fields. Moved by Commissioner Hardy, seconded by Commissioner Crawford, to authorize the 2015 Sub- CIP. Aye: (5). Nay: (0). Motion carried. (7.3) Resolution No. 14-7167 authorizing the Mayor to execute an Addendum to Guaranteed Maximum Price Amendment with McCown Gordon Construction, L.L.C. to acknowledge and clarify the legal significance of the agreed-upon stipulated damage amounts contained in the parties' Guaranteed Maximum Price Amendment. Aaron Martin, Clark, Mize & Linville, explained the addendum which clarifies the stipulated damage amounts. Commissioner Blanchard asked if the McCown Gordon Construction's legal counsel was in approval of the addendum. Mr. Martin responded by stating McCown Gordon Construction was in favor of the addendum. Commissioner Hardy asked if the stipulated damages were further clarification from the original agreement. Mr. Martin responded by stating that the types of damages are not changing but just clarifying that the stipulated damages are to be treated in the same manner as liquidated damages. Moved by Commissioner Davis, seconded by Commissioner Blanchard, to adopt Resolution No. 14-7167 authorizing the Mayor to execute an Addendum to Guaranteed Maximum Price Amendment with McCown Gordon Construction, L.L.C. to acknowledge and clarify the legal significance of the agreed-upon stipulated damage amounts contained in the parties' Guaranteed Maximum Price Amendment. Aye: (5). Nay: (0). Motion carried. Page 2 (7.4) Resolution No. 14-7168 authorizing an agreement with Community Access Television of Salina, Inc. for public, educational and governmental television programming services through a public access channel and a community interest channel. Jason Gage, City Manager, explained the current agreement, funding and proposed agreement. Commissioner Hardy asked how the 40% cable franchise revenue sharing allocation was established. Mr. Gage responded by stating that there was not a rule to determining the percentage. Commissioner Hardy asked for the number of downloads from the Access TV website. Mr. Gage responded by stating that according to a recent survey, the number of downloads of the meetings on the website were very popular. Commissioner Davis asked if there are other cable companies that have franchise fees. Mr. Gage responded by stating there are two companies for franchises (Cox Communications and AT&T). Commissioner Hardy asked what the franchise amount was for AT&T. Mr. Gage was not sure of the specific amount but the franchise was fairly new within the last year. Commissioner Davis asked if the Access TV channels are available on AT&T. Mr. Gage responded by stating the citizens should have the Access TV channels for those using AT&T service. Marnie Rhein, Community Access Television of Salina, Inc., provided information regarding the changes at Access TV, the increases in the viewing of the channels and the private donation recently received and thanked the City of Salina, City Commission and City staff for their support. Commissioner Blanchard asked when the Access TV Strategic Plan would be available and what the financial plan was for Access TV. Ms. Rhein responded by stating that the Strategic Plan and Report was due on December 31st. Mr. Gage responded by stating that the date for the plan and report could be adjusted. Commissioner Blanchard asked if there were examples of a strategic plan available that staff can provide for Access TV. Mr. Gage responded that staff would help provide examples of a strategic plan for use to Access TV. Commissioner Blanchard asked if a matrix was in place and if there was not a matrix in place, could that be something that could be added. Mr. Gage responded by stating that in Section 3 Planning and Performance Monitoring was included in the agreement providing guidance for Access TV. Commissioner Hardy asked what percentage of the funding received by the City contributes to the budget for Access TV. John Divine, The Leadership Firm, 157 S. Seventh, responded by stating that the funding from outside increased eight times and that a majority of the funding comes from the private sector. Commissioner Hardy asked if the funding could be used for increasing the online bandwidth. Ms. Rhein responded by stating the private donations would help hugely with allowing the online bandwidth increase. If the agreement was approved today, Access TV staff would look at the needed upgrades for the TV services. Mayor Householter asked about the increased viewing and access to the Access TV Page 3 14-0410 14-0411 website. Ms. Rhein stated that Access TV has sent out surveys in the past to determine what citizens are looking for and Access TV would be working on some new marketing to help increase the viewing. Commissioner Hardy asked if the equipment upgrades include better clarity for the videos. Ms. Rhein responded by stating the Access TV staff would be working on determining the appropriate upgrades needed to improve the clarity of the videos. Mayor Householter provided his thoughts on the Access TV channels. Ray Hruska, 235 N. Santa Fe, asked if the City Commission had appointed a liaison to the Access Board of Directors. Mr. Gage responded by stating a liaison had not been appointed at this time. Commissioner Blanchard asked if there were copyright laws pertaining to the videos available on the website. Ms. Rhein responded by stating the producer has the right to put copyright restrictions on a specific video. Commissioner Blanchard provided his thoughts on the item links available to the City Commission meeting videos and would like to see a brief description of the agenda item added along with the item links. Phil Black, 118 E. Republic, provided information regarding Access TV and the ability of staff to assist with the needs of the producers. Moved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Resolution No. 14- 7168 authorizing an agreement with Community Access Television of Salina, Inc. for public, educational and governmental television programming services through a public access channel and a community interest channel. Aye: (5). Nay: (0). Motion carried. (7.5) Resolution No. 14-7169 authorizing the Mayor to execute an Amendment to the Architect Agreement with Gravity:: Works Architecture, P.A. f/k/a PKHLS Architecture, P.A. Aaron Martin, Clark, Mize & Linville, explained the amendment. Commissioner Hardy asked about the wording of the recitals in the agreement. Mr. Martin responded by stating that the dates listed are estimates due to material changes to the agreement with the contract dates. Jason Gage, City Manager, responded by stating the design phase date was the primary concern for this amendment. Commissioner Blanchard asked if the PDD approval was originally needed for the project. Michael Schrage, Deputy City Manager, responded by stating the PDD was not originally planned but the Design Review Team felt the approval was needed. Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to adopt Resolution No. 14-7169 authorizing the Mayor to execute an Amendment to the Architect Agreement with Gravity :: Works Architecture, P.A. f/k/a PKHLS Architecture, P.A. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Page 4 I 14-0412 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 3:25 p.m. The City Commission recessed into executive session at 3:10 p.m. and reconvened at 3:25 p.m. No action was taken. y A ADJOURNMENT 14-044' 3 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Na ). Motion carried. The meeting adjourned at 3:25 p.m. [SEAL] Aaron K. seholter, Mayor ATTEST: Shandi Wicks, CMC City Clerk Page 5