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06-01-2015 Minutesn Z w U) 75N C O U 15-0207 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 1, 2015 4:00 p.m. 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. Those present and comprising a quorum: Mayor Jon R. Blanchard (presiding), Commissioners Kaye Crawford, Trent Davis, Randall Hardy, and Karl Ryan. Also present: Jason. Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. AWARDS AND PROCLAMATIONS (3.1) The month of June 2015 as "LGBT Pride Month" in the city of Salina. Gary Martens, North Central Chapter of Equality Kansas Chair, read the proclamation and announced events. I CITIZEN FORUM Janie Marcotte, 102 S. College, provided information regarding the overgrown trees used for a screening at a bed and breakfast located at 100 S. College. IPUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. ICONSENT AGENDA (6.1) Approve the minutes of April 18, 2015. (6.2) Resolution No. 15-7242 appointing members to the Business Improvement District No. 1 Advisory Board and the Business Improvement District No. 1 Design Review Board. Moved by Commissioner Davis, seconded by Commissioner Hardy, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 15-10771 adopting the new Chapter 13 of the Salina Code pertaining to equal opportunity and repealing the existing Chapter 13. Mayor Blanchard noted that Ordinance No. 15-10771 was passed on first reading on May 18, 2015 and since that time no comments have been received. (Commissioner Crawford provided her thoughts on the adoption of the new Chapter 13. Page 1 15-0210 Moved by Commissioner Crawford, seconded by Commissioner Ryan, to adopt Ordinance No. 15- 10771 on second reading. A roll call vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, Blanchard. Nay: (0). Motion carried. (7.2) Second reading Ordinance No. 15-10775 establishing a STAR bond project district within the city and making certain findings in conjunction therewith. (Mayor Blanchard noted that Ordinance No. 15-10775 was passed on first reading on May 18, 2015 and since that time no comments have been received. Moved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Ordinance No. 15- 10775 on second reading. A roll call vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, Blanchard. Nay: (0). Motion carried. (7.3) Second reading Ordinance No. 15-10776 making findings and establishing a redevelopment district pursuant to K.S.A. 12-1770 et seq., and amendments thereto. Mayor Blanchard noted that Ordinance No. 15-10776 was passed on first reading on May 18, 2015 and since that time no comments have been received. Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Ordinance No. 15- 10776 on second reading. A roll call vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, Blanchard. Nay: (0). Motion carried. (7.4) Award of contract for the Water Main Replacement Project - Phase VII, Project No. 10-2842F. Martha Tasker, Director of Utilities, explained the project, funding and bids received. Commissioner Hardy asked how many miles the $4 million would cover per year. Ms. Tasker responded by stating that the yearly amount would cover eight miles. Commissioner Hardy asked if the Utilities Department worked with the Streets Division to combine projects if able. Ms. Tasker responded that Utilities and Public Works work together to determine if the work could be combined. Commissioner Crawford asked if the construction contingency percentage was always 5%. Ms. Tasker responded by stating that the contingency percentage typically was 5% but noted that the contingency had not been spent on past projects. Mayor Blanchard asked what the process was to determine when a water main would need to be replaced. Ms. Tasker responded by stating that staff tracks the water quality calls and water main breaks to determine when an area needed replaced. Mayor Blanchard asked if the water quality and water flow was improved upon replacement. Ms. Tasker responded by stating that the water quality and water flow was improved once replaced. Ray Hruska, 235 N. Santa Fe, asked if the City of Salina used ultra violet in any part of the water system. Ms. Tasker responded by stating that the City of Salina does not use ultra violet but uses chlorine disinfection. Jason Gage, City Manager, provided information regarding the use of ultra violet light versus chlorine. Ms. Tasker continued to explain the use of ultra violet light and the value of the use of chlorine disinfection. Page 2 w D D Q 0 U 15-0212 D Moved by Commissioner Crawford, seconded by Commissioner Hardy, to award the contract for the Water Main Replacement Project - Phase VII, Project No. 10-2842F to BRB Contractors, Inc. of Topeka, Kansas in the amount of $1,998,524.80 (Authorized Amount with 5% Construction Contingency, $2,098,450). Aye: (5). Nay: (0). Motion carried. (7.5) Resolution No. 15-7240 initiating proceedings for street and intersection improvements in the City of Salina, Kansas. Rod Franz, Director of Finance and Administration, explained the project and financing. Commissioner Crawford provided her thoughts on the cost of the project. Moved by Commissioner Hardy, seconded by Commissioner Ryan, to adopt Resolution No. 15- 7240 initiating proceedings for street and intersection improvements in the City of Salina, Kansas. Aye: (5). Nay: (0). Motion carried. (7.6) First reading Ordinance No. 15-10778 amending Chapter 30 of the Salina Code by establishing Article III pertaining to alarm systems designed to summon a police response within the City of Salina, Kansas. Chief Brad Nelson explained the code amendments and effective date. Commissioner Davis asked what a double call was. Chief Nelson responded by stating that if a business was owned by two individuals, both business owners would be called. Chief Nelson also stated that the Police would still respond to the call but the owners would be notified. Commissioner Davis asked about the systems with the one plus alarm. Chief Nelson responded by stating that the one plus alarm was the system that have the most false alarm calls. Commissioner Ryan asked if fees would be established. Jason Gage, City Manager, stated that a recommended fee schedule would be brought back to the City Commission for approval. Commissioner Ryan asked if there was an appeal process. Chief Nelson responded by stating that he was the final appeal process. Aaron Martin, Clark, Mize & Linville, stated that the third party alarm administrator would send correspondence regarding an appeal to the property owner. Commissioner Hardy asked what the process was to communicate the new ordinance to the citizens affected. Chief Nelson responded by stating that staff would forward a letter to the ten alarm companies and those companies would forward the letter to each of the affected citizens. Commissioner Davis asked if the alarm installation companies were required to obtain a license with the City of Salina. Mr. Martin responded by stating that there was not a business license for the alarm installation company but the alarm system would have to be registered with the city. Mayor Blanchard asked if there were habitual properties that officers were reporting to. Chief Nelson responded by stating that there were habitual properties. Mayor Blanchard asked if staff had heard from the alarm companies regarding the new ordinance. Chief Nelson responded by stating that staff had not heard from the alarm Page 3 P", Z u a N U 15-0213 15-0214 companies regarding the new changes. Gary Hobbie, Director of Development Services, stated that there was a contractor license to install security alarm systems in the City of Salina. Ray Hruska, 235 N. Santa Fe, asked how much the City paid Clark, Mize & Linville to put together the ordinance. Mr. Gage responded by stating that the City did receive itemize bills from Clark, Mize & Linville and Mr. Hruska could request that information through an open records request. Mr. Hruska asked how much the City paid the attorney for work on the ordinance. Greg Bengtson, City Attorney, provided the fees charged by Clark, Mize & Linville. Mr. Gage provided information on the use of the City's attorneys on the creation of ordinances, resolutions and agreements. Moved by Commissioner Davis, seconded by Commissioner Crawford, to pass Ordinance No. 15- 10778 amending Chapter 30 of the Salina Code by establishing Article III pertaining to alarm systems designed to summon a police response within the City of Salina, Kansas on first reading. Aye: (5). Nay: (0). Motion carried. (7.7) First reading Ordinance No. 15-10779 amending Chapter 14 of the Salina Code by establishing Article IV pertaining to alarm systems designed to summon a fire department response within the City of Salina, Kansas. Chief Larry Mullikin & Roger Williams, Fire Marshal, explained the code amendments and the effective date of the new ordinance. Commissioner Hardy asked if the ordinance pertained to commercial customers. Chief Mullikin responded by stating that the ordinance pertained to commercial customers only. Commissioner Hardy asked if there would be an additional ordinance for residential customers. Chief Mullikin responded by stating that the ordinance for the Police false alarm ordinances would cover the residential customers for fire alarms as well. Moved by Commissioner Hardy, seconded by Commissioner Davis, to pass Ordinance No. 15- 10779 amending Chapter 14 of the Salina Code by establishing Article IV pertaining to alarm systems designed to summon a fire department response within the City of Salina, Kansas on first reading. Aye: (5). Nay: (0). Motion carried. Mayor Blanchard asked if the false alarm ordinance items were part of the continuous process improvement program. Jason Gage, City Manager, responded by stating that it was not part of that program. (7.8) Review hearing for abatement costs incurred at 500 E. Pacific Ave. Mayor Blanchard asked for time for the Commission to review the information just provided. Gary Hobbie, Director of Development Services, explained the abatement, costs and cleanup process. Commissioner Hardy asked if it was the normal procedure for the contractor to include the receipts for items purchased for the project. Mr. Hobbie responded by stating that if the equipment was purchased for the use on the project, staff asked for receipts to be submitted. Page 4 E Michael Schrage, Deputy City Manager, stated that due to the search warrant and the need to expedite the completion of the work, the contractor may need to obtain additional equipment in order to perform the work. Mayor Blanchard asked if the list of the work required was provided to the property owner. Mr. Hobbie responded by stating that the required work was provided to the property owner. Commissioner Davis asked if the hourly fee was determined by staff. Mr. Hobbie responded by stating that the hourly fee was determined by the contract with the contractor. Mayor Blanchard asked for clarification on the contractor fees for this bill. Martin Luther, Loux Home Repair, responded by stating that the charge was $70 per truck at ten hours each and two trailers at $70 per trailer for ten hours. Commissioner Crawford asked what a VMT report was. Mr. Hobbie responded by stating that the report was provided by the engineering firm hired to determine if the center building was stable. Mayor Blanchard asked what the issue of dispute was on the cost of the bill. Jason Gage, City Manager, responded by stating that the amount of time, use of equipment and the scope of the project were the items he discussed with staff regarding the dispute of the cost. Greg Bengtson, City Attorney, stated that the hourly rates were established by the bid process and approval of the contract. Joseph R. Borich I11, 4408 W. 110th Street, Leawood, Kansas, Attorney for Ben & LaVelle Frick, asked for a continuance of the Commission and explained the approved extensions, the scope of work and then provided information regarding points within the contract that the property owner questioned. Mr. Borich continued to explain the damages caused by the contractor on the property, questioned the insurance coverage of the contractor and would like a continuance to July 6, 2015. Commissioner Davis asked if requesting information on the legal ramifications for this item be best addressed in an executive session or in an open session. Mr. Bengtson responded by stating that addressing the legal ramifications in executive session would be the best option. Mr. Gage stated that the Commission might be interested in knowing why the item was placed on the agenda today when the legal counsel of the Frick's have requested the item be continued to July 6, 2015. Mr. Bengtson responded by stating that his office had handled communication with Mr. Borich and had hoped that the item could be discussed and resolved today. Mayor Blanchard asked for information pertaining to the payroll records for the contractor's employees. Mr. Gage responded by stating that the payroll hours would not specifically provide the job the employee worked on. Mr. Borich stated that the two things that needed to be examined were if the cost was reasonable and necessary. Mr. Schrage stated that the Frick's were served with the Building Officials Findings & Orders which stated what the next steps were. Commissioner Davis asked Mr. Borich if it was the first time he had received the bill within Page 5 15-0215 the packet. Mr. Borich responded by stating that he received the two page bill last week but did not have it at the time the appeal was requested. Commissioner Hardy asked if it was correct that Mr. Borich's representation had cut the Frick's off in obtaining future requests regarding this item. Mr. Borich responded by stating that he was not aware that the Frick's were not able to obtain additional information regarding this item due to his representation. Mr. Bengtson responded by stating that there were multiple communications going on between the parties and it was customary once the attorney for the client was established, the communication was to be handled through the attorneys. Aaron Martin, Clark, Mize & Linville, stated that he had conversations with Mr. Borich on May 13, 2015. The detailed bill was sent to Mr. Borich and the date of the appeal hearing was determined during that conversation. LaVelle Frick, 120 Overhill Road, provided information on the packet received today regarding the pictures taken. Mrs. Frick continued to talk about specifics of the contract particularly the contractor's insurance coverage, damage to the property by the contractor, the time the contractor could start the job and the receipts for the disposal of the materials. Mr. Gage responded by stating that the staff had verified that the contractor had insurance and provided a copy to Mrs. Frick and the City Commission. Commissioner Davis asked if there was a claim filed for the damage. Mrs. Frick responded by stating that she submitted a letter to the insurance company requesting to meet with an adjustor regarding the damages performed but had not received a call back from the insurance company. Mrs. Frick stated that the fill sand that was delivered by the contractor she hired was removed along with the other material by the city's contractor. Mr. Bengtson stated that a search warrant simply means that the property owner would not allow someone onto the property. Mr. Hobbie provided information to the Commission regarding the fire at the location and the potential cause of the damage to the water or sewer lines by the fire and noted that the City was in the process of bidding for the new nuisance abatement contract at the time the work was performed. Mr. Bengtson stated that if the Governing Body had the information needed to make a determination today, the Governing Body could act on the item. Mr. Bengtson continued to state that once a decision had been made, if the property owner did not pay the amount owed, a judgment could be filed or the amount could be added to the property taxes for the property. Commissioner Davis stated that the contention of Mrs. Frick was that the contractor did not have the number of employees or equipment on site for the job, did Mr. Luther have a response on that contention. Mr. Luther responded by stating that if the truck was not on the site at the time, it was on the clock and traveled back and forth from the job site. Mayor Blanchard and Commissioner Ryan provided their thoughts on the item. (Moved by Commissioner Ryan, seconded by Commissioner Hardy, to deny the appeal of charges for abatement of nuisances from 500 E. Pacific, as requested by Mr. Joseph Borich, attorney for Ben Page 6 i] 15-0216 1 and Lavelle Frick, and order the Fricks to pay full restitution of the outstanding charges. Aye: (5). Nay: (0). Motion carried. Mayor Blanchard requested a five minute recess at 6:47 p.m. and reconvened at 6:52 p.m. DEVELOPMENT BUSINESS (8.1) Resolution No. 15-7241 considering a request for an exception to Section 42-63(a) of the Zoning Ordinance to allow placement of a permanent above ground swimming pool in a public utility easement at 1225 Sierra Drive. Dean Andrew, Director of Planning, explained the request, location of the swimming pool and affected easements. Commissioner Davis asked if the pool would need to have an enclosure around it. Mr. Andrew responded by stating that the yard was enclosed by a six foot fence which met the code requirements. Commissioner Hardy asked if all of the lots on Sierra Drive had the same easement issue as the property discussed today. Mr. Andrew responded by stating that all of the lots on Sierra Drive had double frontages but the other' lots within the subdivision only had one frontage. Commissioner Hardy asked if this item was approved would it lead to future similar requests. Mr. Andrew responded by stating that each item would be weighed on its own merit and this item was weighed on the four findings established for this case. Commissioner Hardy asked if the resolution would allow for the possibility to perform an emergency removal if needed. Mr. Andrew responded by stating that the resolution does not affect the rights of utility providers to access their lines. Jason Gage, City Manager, stated that the utility companies could go onto the property to perform any work needed without the consent of the property owner. Mr. Andrew concurred. Mayor Blanchard asked if the setbacks were the same as they would be on any accessory shed. Mr. Andrew responded by stating that pools were subject to setbacks but could not be located in the front yard. Mayor Blanchard asked if there would be a permanent deck around the pool. Mr. Andrew responded that there would not be a permanent deck around the pool. Mayor Blanchard asked if the swimming pool was replaced would the resolution still be valid. Mr. Andrew responded by stating that if the replacement pool was of the same size, the pool could be replaced under the resolution. Mitch Johnson, 1225 Sierra Drive, provided information on the placement of the pool. Moved by Commissioner Ryan, seconded by Commissioner Crawford, to adopt Resolution No. 15- 7241 authorizing the placement of an 18 ft. diameter above ground pool in a 10 ft. utility easement at 1223-1225 Sierra Drive and the following findings: 1. The property at 1223-1225 Sierra Drive is unique due to 40 ft. of the 50 ft. rear yard being covered by utility easements which severely limits the useable area of the backyard; 2. Due to the 30 ft. sanitary sewer easement and existing structures on the property it is not physically possible to reroute the electric line away from proposed pool location.; 3. There are no alternate locations on the property where an above ground pool could be located outside of the 40 ft. utility easement; 4. Although the proposed above ground Page 7 fl pool would be located over a live electric line, Westar Energy does not object to the pool location because their line is encased in a rigid metal conduit at a depth of 42 inches and Westar can access their line from either side of the pool. Aye: (5). Nay: (0). Motion carried. Commissioner Hardy asked if the approval of this item would be an exception to the rule and others would want the same approval. Mayor Blanchard stated that he felt the four findings included would limit the potential for future cases. Mayor Blanchard thanked Mr. Johnson for working with staff on the item. Aye: (5). Nay: (0). Motion carried. (8.2) Application #Z15-4 (filed by the Salina City Planning Commission) requesting the amendment of Article XI Off -Street Parking and Loading, Division 2, by amending Section 42-552 (e)(6) and amending Section 42-553(3). Dean Andrew, Director of Planning, explained the amendment, Planning Commission action and recommended action. Commissioner Davis asked Mr. Andrew to explain the inadequate parking at South Middle School. Mr. Andrew responded by stating that South Middle School was constructed in 1957 before there were parking requirements for schools. Mayor Blanchard asked if there was consideration to on -street parking. Mr. Andrew responded by stating that staff recognizes that it exists but it does not count for the number of spaces required. Mayor Blanchard provided his thoughts on the parking and asked for the calculation of on - street parking to be included in the count. Mr. Andrew responded by stating that not allowing the on -street parking pushes the parking onto other streets. A conversation ensued between the Commission and Mr. Andrew regarding the adequate parking and the amendment. Kris Upson, USD #305, stated that he would like to ,get the project completed and school staff followed the ordinances but it was hard to do so when there were different interpretations of the ordinance. Mr. Upson continued to state that with the ordinance as it was, the School District would be okay today. Commissioner Davis asked how many seats the current gym could hold. Mr. Upson responded by stating that the current gym could hold 200 to 300 and stated that with the addition to the gym, they would not have enough spaces. Mayor Blanchard asked how the current parking situation was. Mr. Upson responded by stating that regardless of the amount of off-street parking provided, citizens would park where they want to park. Mayor Blanchard asked if the item returning to the Planning Commission would put a burden on the School District. Mr. Upson responded by stating that he thought any new applications filed by the School District would be approved and the School District would be willing to help with the review of the text amendment. Jason Gage, City Manager, stated that if the South Middle School project was completed today prior to the text amendment coming back to the City Commission, the site would become a legally non -conforming use. Page 8 15-0217 15-0218 15-0219 Mayor Blanchard asked how far apart the City of Salina was from the School District. Mr. Gage responded by stating that if the text amendment were adopted as proposed, the School District would have to provide one (1) space for every three (3) seats in the gym, over 300 parking spaces. Mr. Gage asked how many parking spaces would be added under the current plan. Mr. Schrage responded by stating that there would be 61 new parking spaces added. Mr. Andrew provided the Commission with their action options. Mr. Bengtson stated that the School District would need to exhaust their options to provide additional parking spaces for the project. Mr. Andrew noted that based on the current code interpretation, if the School District added any parking spaces, they would be doing this voluntarily, it would not be required. Commissioner Ryan provided his thoughts on the project and the parking spaces needed. Moved by Commissioner Ryan, seconded by Commissioner Davis, to send Application #Z15-4 back to the Planning Commission and direct staff and the Planning Commission to perform additional research and develop alternative approaches to the proposed text amendment. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Commissioner Hardy passed out to the City Commission a portion of the current fireworks ordinance that he felt was hard to enforce and hoped to add something to the ordinance to help make it more enforceable. A conversation ensued between the Commission and Jason Gage, City Manager regarding the hours, the types of fireworks approved and the possible changes needed to the ordinance. Mr. Gage asked how important it was to the Commission to put a message out to the citizens and fireworks stands. The Commissioners provided their thoughts on the message they would like to get out. Mayor Blanchard stated that a member of the Commission would write up the message and provide it back at the next City Commission meeting for discussion. Mayor Blanchard noted that the North Salina Community Development Hog Roast would be held on June 6, 2015 at Thomas Park. (9.1) Request for executive session (real estate). Moved by Commissioner Ryan, seconded by Commissioner Hardy, to recess into executive session for 15 minutes to discuss matters pertaining to the acquisition of real estate for the reason that public discussion of the matter would adversely affect the City's position in relation to acquisition of the real estate and reconvene at 8:45 p.m. The City Commission recessed into executive session at 8:30 p.m. and reconvened at 8:45 p.m. No action was taken. Moved by Commissioner Ryan, seconded by Commissioner Davis, 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 8:45 p.m. and reconvened at 9:00 p.m. No action was taken. Page 9 Z a w 15-02221 Moved by Commissioner Ryan, seconded by Commissioner Crawford, 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 9:00 p.m. and reconvened at 9:15 p.m. No action was taken. ADJOURNMENT Moved by Commissioner Davis, seconded by Commissioner Ryan, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 9:15 p.m. i [SEAL] *anchard, ayor ATTEST: Shandi Wicks, CMC, City Clerk Page 10