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04-13-2015 MinutesFll�] r I l LJ CITY OF SALINA, KANSAS . REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 13, 2015 4:00 p.m. N W The City Commission convened 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. N C O 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 (3.1) The day of April 24, 2015 as "Arbor Day" in the city of Salina. Sydney Soderberg, Tree Advisory Board Chairman, read the proclamation and announced upcoming events. CITIZEN FORUM Judy Larson, 715 N. Ninth Street, thanked the commission for their prayers and support the past couple months and noted the need for more citizens to vote. Norman Mannel, 7532 W. Pleasant Hill Road, asked if the city was aware of a firm selling hookahs at the Bicentennial Center. Jason Gage, City Manager, responded by stating that there was a 3 -day liquidation sale at the Bicentennial Center and staff would not be aware of the exact inventory being sold. Mayor Householter provided information regarding the past actions taken by the City Commission on hookah bars. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of April 6, 2015. (6.2) Approve change order No. 1 for the Sanitary Sewer Cleaning and Inspection, Project No. 14-3044 to Mayer Specialty Services, LLC in the amount of $59,733. 15-0121 Moved by Commissioner Crawford, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 15-10768 amending Salina Code Section 31-1002 relating to the notice period of abatement of tall grass and weed nuisances by the City of Salina. Mayor Householter noted that Ordinance No. 15-10768 was passed on first reading on April 6, 2015 and since that time no comments have been received. Page 1 15-0122 Moved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Ordinance No. 15- 10768 amending Salina Code Section 31-1002 relating to the notice period of abatement of tall grass and weed nuisances by the City of Salina on second reading. A roll call vote was taken. Aye: (5) N Blanchard, Crawford, Davis, Hardy, Householter. Nay: (0). Motion carried. a (7.2) Authorize staff to submit an application on behalf of eligible local agencies for the W 2015 Kansas Emergency Solutions Grant Program (ESG). Gary Hobbie, Director of Development Services, explained the program, eligible agencies C) 0 and the application process. 0 " Commissioner Davis asked about the denial process of the application. Mr. Hobbie responded by stating that the amount requested was higher than the amount typically received. Commissioner Blanchard stated that in the past some agencies did not submit an application due to the application process and asked what changed in the process for this year. Mr. Hobbie responded by stating that a representative from the Kansas Housing Resource Commission provided a four hour training session to assist the agencies with completion of the application. Commissioner Blanchard thanked staff for all their hard work on the program. 15-0123 Moved by Commissioner Crawford, seconded by Commissioner Davis, to authorize staff to submit an application on behalf of eligible local agencies for the 2015 Kansas Emergency Solutions Grant Program (ESG). Aye: (5). Nay: (0). Motion carried. (7.3) 2014 Special Assessment Projects (7.3a) Certification of final costs for 2014 special assessment projects and set May 4, 2015 as the date of public hearing. (7.3b) First reading Ordinance No. 15-10772. Dan Stack, City Engineer, explained the project and commission actions needed. Commissioner Blanchard asked if the first reading could be put off to the meeting on April 27, 2015. Mr. Stack responded by stating that the first reading could be held on April 20, 2015 or April 27, 2015. Commissioner Blanchard stated that he felt it was prudent that we allow the new commission to hear this item. Commissioner Blanchard asked if there was any reason staff felt the first reading of the ordinance could not wait until April 27, 2015. Jason Gage, City Manager, responded by stating that unless there was a specific time frame between first reading and second reading it could happen on April 27, 2015. Mr. Gage asked if the developer waited a year to put in the infrastructure. Mr. Stack responded by stating that the infrastructure was completed around this time in 2014 so it would have been a rush to get the assessments completed for 2014. Rod Franz, Director of Finance, noted that the development was completed in 2014 but the-developer wished to wait until 2015 rather than rush the project through in 2014. Mr. Gage asked when the process was completed, would that affect the ability to start Page 2 1 collecting assessments. Mr. Franz responded by stating that the collection would begin this fall and match up with the bond ordinance. Wayne Nelson, Civil Engineer, noted that the development agreement completed with the N developer had specific dates that the developer must meet in order to meet the schedule of Z the project for the sale of the bonds. The developer did notmeet that schedule which made w the project roll over to 2015. Commissioner Davis asked if holding the first reading on April 27, 2015 would affect the D mailing of notices to the property owners. Mr. Stack responded by stating that the notices could be mailed to the owners once the public hearing date was set. U 15-0124 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to set May 4, 2015 as the Special Assessment hearing date. Aye: (5). Nay: (0). Motion carried. 15-0125 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to postpone the first reading of Ordinance No. 15-10772 to Monday, April 27, 2015. Aye: (5). Nay: (0). Motion carried. (7.4) Award the project to reconstruct Iron Avenue from Front Street to Delaware Avenue, City Project No. 13-3008. Dan Stack, City Engineer, explained the project, bids received, project budget and action options. Commissioner Hardy asked what the projected life of the stamped and colored concrete portion was. Mr. Stack responded by stating that it would fade over time but would last as long as the regular concrete areas. Commissioner Crawford asked what the gateway feature would be. Jason Gage, City Manager, responded by stating that assuming the project came under budget the item would be further discussed but he asked Mr. Stack to include a number for the gateway feature within the project so the Commission could provide guidance to staff on the preferred option. Commissioner Davis asked if the lighting was removed would there still be lighting in the area. Mr. Stack responded by stating, it would have lighting from the wooden pole lights. Commissioner Blanchard asked if the amount listed on the blue sheet reflected the stamped and colored concrete on the median and the crosswalks. Mr. Stack responded by stating that the amount did include the median and the crosswalks. Commissioner Blanchard asked how many times the crosswalks would have to be cut into for maintenance. Mr. Gage responded by stating that with the new waterline installed, the chances of the maintenance would be less. A conversation ensued regarding the maintenance of the road and the pavement options. Mr. Gage asked if the commission was looking at going with the brick paver option but to remove the decorative median. The Commission responded by stating yes. Commissioner Blanchard provided his thoughts on the gateway feature. Mr. Gage responded by stating that staff could look at options now but there would be other opportunities to look at adding an art piece in the future. A conversation ensued between the Commission and Mr. Gage regarding the gateway feature near Front Street. Page 3 15-0126 15-0127 15-0128 Commissioner Hardy asked if the level of brightness would be more than the lighting that was currently on the street. Mr. Stack responded by stating that the new lighting would be similar to the new lighting in the downtown area. Mr. Gage also responded by stating that if the lighting was insufficient for the area, the lighting would be increased to become sufficient. Judy Larson, 715 N. Ninth, stated that she noticed children crossing Iron Avenue outside of the crosswalk areas, was there an additional need for a crosswalk or were children just being children. Mr. Gage responded by stating that there was a crosswalk in close proximity. Mr. Gage provided a summary of the project to award the project without the gateway feature and eliminate colored concrete median and street signs but use brick pavers in place of the stamped and colored concrete for the crosswalks. Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to table item 7.4 to later in the meeting. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) First reading Ordinance No. 15-10769 formalizing the property tax exemption for Veris Technologies' new facility located at 1925 Clay Ridge Court. Dean Andrew, Director of Planning, explained the exemption. Commissioner Davis asked if it was anticipated that more than two jobs would be added over the next few years. Larry Kejr, Veris Technologies, Inc. responded by stating that the hope was to add additional jobs in the future. Commissioner Blanchard provided his thoughts on the new facility and thanked the company for their hard work. Moved by Commissioner Hardy, seconded by Commissioner Davis, to pass Ordinance No. 15- 10769 on first reading formalizing the property tax exemption for Veris Technologies' new facility located at 1925 Clay Ridge Court. Aye: (5). Nay: (0). Motion carried. (8.2) Application #Z15-1, (filed by the Salina Planning Commission), requesting an amendment of the list of permitted uses in Section 42-317 of the C-5 (Service Commercial) district regulations, in Article VI, Division 14 of the Zoning Ordinance. (8.2a) First reading Ordinance No. 15-10770. (8.2b) Declare a compelling public interest exists to allow first and second reading on the same day. (At the discretion of the Governing Body). (8.2c) Second reading Ordinance No. 15-10770. (At the discretion of the Governing Body). Dean Andrew, Director of Planning, explained the amendment, Planning Commission recommendation and possible commission actions. Moved by Commissioner Davis, seconded by Commissioner Crawford, to pass Ordinance No. 15- 10770 on first reading adding 15 identified uses to the C-5 permitted uses list in Section 42-317. Aye: (5). Nay: (0). Motion carried. Page 4 15-0129 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to declare a compelling public purpose exists for second reading approval of Ordinance No. 15-10770 on the same day as the first reading. Aye: (5). Nay: (0). Motion carried. N 15-010 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to adopt Ordinance No. 0. 0. 15-10770 on second reading adding 15 identified uses to the C-5 permitted uses list in Section 42- 317. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Davis, Hardy, Householter. Nay: N (0). Motion carried. m v (8.3) Resolution No. 15-7198 authorizing certain building improvements at the former a Del's Electronic store at 2770 S. 9thStreet to encroach into a public utility easement. Dean Andrew, Director of Planning, explained the request. Commissioner Hardy asked how footing encroachments happen. Mr. Andrew responded by stating that it could vary on the level of detail on the plans or on the scrutiny applied at time the plans were reviewed. 15-0131 Moved by Commissioner Crawford, seconded by Commissioner Davis, to adopt Resolution No. 15-7198 authorizing certain building improvements at the former Del's Electronic store at 2770 S. 9thStreet to encroach into a public utility easement and the resolution would be modified to delete the air conditioning provision. Aye: (5). Nay: (0). Motion carried. The Commission recessed for a five minute break at 5:31 p.m. and reconvened at 5:36 p.m. 15-0132 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to bring agenda item 7.4 back to the table. Aye: (5). Nay: (0). Motion carried. Jason Gage, City Manager, noted that there would be two needed motions for this item. Dan Stack, City Engineer, provided the new project amount with the removal of gateway feature and elimination of the stamped/colored concrete median and using brick pavers for crosswalks. Commissioner Davis asked if the removal of the bid items would allow the bid to remain valid. Mr. Stack responded by stating that the City has the ability to remove up to 25% of the project without renegotiating the contract. Commissioner Davis asked if the noisy portion of the project would be completed by the time the school year started. Mr. Stack responded by stating that the removal of the street and the water line replacement would be completed by that time. 15-0133 Moved by Commissioner Davis, seconded by Commissioner Blanchard, to authorize a revised budget to include the project as presented and to include the construction testing and engineering, 5% construction contingency, waterline replacement, street lighting from 4th Street to Front Street, use of brick pavers in place of the colored concrete in the crosswalks, removal of the gateway feature and removal of stamped/colored concrete median and signs in the amount of $3,356,320.45 and authorize staff to utilize the 5% construction contingency for change orders on the project. Aye: (5). Nay: be(0). Motion carried. 15-0134 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to award City Project No. 13-3008, Iron Avenue Reconstruction with waterline replacement, street lighting from 4thStreet to Front Street, use of brick pavers in place of the colored concrete in the crosswalks, removal of the Page 5 i ;i gateway feature and removal of stamped/colored concrete median and signs to Pavers, Inc. of Salina, in the amount of $3,172,686.14. Aye: (5). Nay: (0). Motion carried. Carla Mahan, 119 E. Iron Avenue, asked the Commission to look at the speed limits in the 100 block of East Iron Avenue to slow down the movement of traffic. Mr. Gage responded 0. by stating that staff could look into the request if the Commission would like the W information. The Commission reached a consensus for staff to look at the request and provide information back to the Commission. 0 OTHER BUSINESS U Commissioner Crawford was disappointed in the outcome of the election and thought the flipping of the coin was not a good option to obtain an outcome. Jason Gage, City Manager, responded by stating that staff thought it was a state provision but staff could check on behalf of the Commission to find out the information and provide the information back to the commission. Commissioner Blanchard appreciated serving with Aaron Householter and thanked Mr. Householter's mother for being supportive. ADJOURNMENT 15-0135 Moved by Commissioner Blanchard, seconded by Commission rdy, that the regular meeting of the Board of City Commissioners be adjourned. Aye:(5) Nay: (0). Motion carried. The meeting adjourned at 5:56 p.m. [SEAL] Aaron . Householter, Mayor ATTEST: Shandi Wicks, CMC, City Clerk Page 6