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06-08-2015 MinutesH u 15-0222 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 8, 2015 4:00 p.m. IThe City Commission convened at 2:30 p.m. for Bicentennial Center Tour and Construction Manager at Risk 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 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. IAWARDS AND PROCLAMATIONS None. I CITIZEN FORUM Patrick Harrington, 100 S. College, expressed his concern about the recruiting flyer used by the Police Department. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. ICONSENT AGENDA (6.1) Approve the minutes of June 1, 2015. (6.2) Accept the offered sidewalk easement for Quail Meadows Estates Addition, Lot 11, Block 7. (6.3) Resolution No. 15-7246 authorizing the Mayor to sign the agreement with Kansas Department of Transportation (KDOT) to exchange 2015 federal funds. (6.4) Resolution No. 15-7245 authorizing the Mayor to execute a license agreement with USD No. 305 authorizing the placement and construction of a new loading/ unloading space in the Fairdale Road right-of-way abutting Meadowlark Ridge Elementary School at 2200 Glen Avenue. Mayor Blanchard asked for a brief explanation of Item No. 6.4. Commissioner Hardy requested that Item 6.4 be removed from the consent agenda. Moved by Commissioner Hardy, seconded by Commissioner Davis, to approve the consent agenda less Item 6.4. Aye: (5). Nay: (0). Motion carried. (6.4) Resolution No. 15-7245 authorizing the Mayor to execute a license agreement with USD No. 305 authorizing the placement and construction of a new Page 1 15-0223 ]I, u loading/ unloading space in the Fairdale Road right-of-way abutting Meadowlark Ridge Elementary School at 2200 Glen Avenue. Dean Andrew, Director of Planning, explained the school construction project, license agreement, easements affected and placement of the -bus drop off lane. Greg Bengtson, City Attorney, explained the license agreement and the request from Eryn Wright, Counsel for USD No. 305, to add to the agreement under Section 1. Grant: "While the grant of the license is non-exclusive, the City covenants that it shall not grant another license agreement affecting the Real Estate to any other party without first providing Licensee with written notice and the opportunity to comment." Mayor Blanchard asked what the changes were made to the license agreement document. Mr. Andrew responded by stating that the copy provided in the packet was a boiler plate version developed by staff for legal counsel to draft for specific situations and the document provided at the meeting was the final version after legal review. Commissioner Davis asked for an example of when a property could be affected by another license agreement. Mr. Andrew responded by stating that there would be the possibility of someone who was not a franchise utility but may be in the business of laying fiber optic cable in the right-of-way which would require a license agreement. Moved by Commissioner Davis, seconded by Commissioner Hardy, to adopt Resolution No. 15- 7245 authorizing the Mayor to execute a license agreement with USD No. 305 authorizing the placement and construction of a new loading/ unloading space in the Fairdale Road right-of-way abutting Meadowlark Ridge Elementary School at 2200 Glen Avenue and adding to the agreement under Section 1: "While the grant of the license is non-exclusive, the City covenants that it shall not grant another license agreement affecting the Real Estate to any other party without first providing Licensee with written notice and the opportunity to comment.". Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second 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. Mayor Blanchard noted that Ordinance No. 15-10778 was passed on first reading on June 1, 2015 and since that time no comments have been received. Jason Gage, City Manager, stated that staff had received one comment from a citizen regarding the changes to the direct monitoring of false alarms and requested additional time for staff to work on the issues and bring the second reading back to the Commission on July 6, 2015. Commissioner Hardy expressed a concern on the requirement to register the system on a yearly basis. Mr. Gage asked the Commissioner what his concern was on the registration requirement. Mayor Blanchard stated that the Commission thought that the action was for a false alarm ordinance not a registration on monitoring systems. Mr. Gage responded by stating that the registration was part of the false alarm ordinance in order to monitor the systems. A conversation ensued regarding the requirement to register the system. Page 2 H!'� Gary Hobbie, Director of Development Services, explained the differences between security systems and fire alarm systems. Commissioner Hardy expressed his concerns on the ordinance requirements for residential customers pertaining to power supply interruptions, false alarm fees, class requirements, Z alarm registration suspensions and the monitoring company suspensions. a LU Mr. Gage asked if the concerns addressed were for the residential customers. Commissioner Hardy stated that his concerns were for the residential customers. Commissioner Davis asked if an alarm company was suspended would the customers be N 0 notified. Mr. Gage responded by stating that the customers could be notified but staff would have to clarify who would send the notice. Commissioner Crawford provided her thoughts on the ordinance requirement affecting the residential citizens. 15-0224 Moved by Commissioner Davis, seconded by Commissioner Hardy, to postpone second reading of Ordinance No. 15-10778 to July 6, 2015. Aye: (5) Nay: (0). Motion carried. (7.2) Second 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. 15-0225 Moved by Commissioner Davis, seconded by Commissioner Crawford, to postpone second reading of Ordinance No. 15-10779 to July 6, 2015. Aye: (5). Nay: (0). Motion carried. (7.3) Authorize the purchase of a replacement playground structure for Steve Hawley Park. Dion Louthan, Director of Parks and Recreation, explained the purchase, inspection process, qualifications received and funding. Commissioner Davis stated that he was approached by neighbors of the park that were excited for the new playground structure. Commissioner Davis asked if there would be lights included in the replacement. Mr. Louthan responded by stating that the lighting of the park would remain the same. Mayor Blanchard asked about the accessibility of the park. Bob Ash, Parks Superintendent, responded by stating that he had walked the parks and assessed the areas within the parks that required updating for accessibility and there were funds available for repairs to the parks. Commissioner Hardy asked if staff had considered the need to change the usage of a park if the average use of a park was low. Mr. Louthan responded by stating that staff had conversations during the assessment to see if there would be a better fit for a park. Mayor Blanchard asked when the replacement would take place and if the Community Engagement Coordinator would help with getting the word out. Mr. Louthan responded by stating that the structure was targeted to be replaced in late summer and that staff would work with the Community Engagement Coordinator to get updates out to the community. Judy Larson, 715 N. Ninth, asked for a follow-up on her accessibility question for the addition of sidewalks in Hawthorne Park. Jason Gage, City Manager, responded by stating Page 3 that the Engineering Department was working with OCCK on the placement of the bus loading and unloading area and if a different location would be a better fit. 115-0226 Moved by Commissioner Davis, seconded by Commissioner Hardy, to authorize the purchase of a replacement playground structure from Athco, LLC in the amount of $93,723. Aye: (5). Nay: (0). Z Motion carried. Q- W (7.4) Resolution No. 15-7247 approving an Economic Development Grant Offer and Agreement from Kansas Erosion Products LLC. Jason Gage, City Manager, explained the request, Salina Economic Development Incentives Council recommendation and the proposed agreement for the grant award of $25,000. Commissioner Davis asked where the company was currently located. Mr. Gage responded by stating that it was a new company with new jobs. Commissioner Davis asked if the company intended to expand in the future. Tim Rogers, Salina Airport Authority, responded by stating that it was a new business that had intentions of expanding in the future. Mr. Rogers continued to explain the business plan of the company, the development of the business and the lease of the building. Mayor Blanchard asked how long the building had been vacant. Mr. Rogers responded by stating that the building was occupied by the Kansas Army National Guard in the past and became vacant in January 2014. Commissioner Davis asked if there was the ability to loan money to businesses. Mr. Gage responded by stating that the there was not a revolving loan fund set up but there were other options for loans within the community. Mr. Rogers also responded by stating that the North Salina Community Development had a revolving loan fund and there were other organizations available. Commissioner Davis asked if Kansas Erosion Products had start up money available once the equipment was brought in. Mr. Rogers responded by stating that the company did have local bank financing. Mayor Blanchard provided an update to the Commission on the action of the SEDIC on this item. 15-0227 Moved by Commissioner Crawford, seconded by Commissioner Davis, to adopt Resolution No. 15-7247 approving the incentive request in an amount of $25,000 to Kansas Erosion Products LLC for the purpose of disassembling, relocating and reassembling capital equipment from California to Salina in accordance with the terms of the proposed Economic Development Grant Offer and Agreement. Aye: (5). Nay: (0). Motion carried. (7.5) Consideration of a request for a permit to keep bees within the city of Salina. Jason Gage, City Manager, explained the request, code section and recommended action. Commissioner Davis asked if there would be any issues with the bees moving to a neighbor's property. Mr. Gage responded by stating that unless someone would bother the hive, the bees would remain at the hive. Page 4 D N N Z W f6 D D_ O 0 U 15-0228 Greg Weems, 118 S. Second, was a beekeeper and had visited with the Health Department in the past to get the bee keeping permit accessible, and felt that requirements should be put into place for the keeping of bees. Mr. Gage stated that he would be happy to work with Mr. Weems to put a streamline permitting approach in effect. Mr. Weems continued to explain the process of keeping bees. Mayor Blanchard thanked Mr. Weems for the information and asked him to work with the City Manager on creating a permit process. Moved by Commissioner Ryan, seconded by Commissioner Crawford, to approve the enclosed Application for Permit to Keep Bees. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Commissioner Hardy expressed his concerns on the curfew and clean-up of fireworks. He continued to explain the potential need for additional officers and the need to issue violations instead of warnings. Commissioner Davis expressed his concern on the residue of the fireworks causing fires. Mayor Blanchard summarized the concerns on fireworks for the curfew, residue and clean- up of the fireworks and the need for a public warning system. A conversation ensued between the Commissioners and their concerns with fireworks. Commissioner Crawford expressed her concerns on the size of fireworks allowed and the noise level. Commissioner Ryan stated that he thought a reminder may need to be given to the community. Jason Gage, City Manager, responded by stating that there were three things that staff could work on for this year: enforcement of the curfew, the need for better clean-up of the fireworks and the need for strict enforcement of the fireworks. Commissioner Crawford noted that there was an intersection in town last year that had citizens shooting fireworks in the middle of the street. Mr. Gage responded by stating that the shooting of fireworks in the street was illegal and he hoped the citizens would have been cited for the violation. A conversation ensued between the Commission and Mr. Gage regarding the enforcement of fireworks. Commissioner Hardy asked if a follow-up could be provided to the Commission after the July 4th holiday. Mr. Gage responded by stating that an update could be provided to the commission after the holiday. Mayor Blanchard asked if any Commissioner had an update from a board or commission meeting they had attended. Page 5 15-0227 1 Commissioner Crawford provided her thoughts on attending the Salina Airport Authority Board meeting and it reminded her of Air Force Bases she had been to in the past. Commissioner Hardy provided an update on the North Central Regional Planning Commission (NCRPC) Board meeting and the services provided by NCRPC. Commissioner Davis provided an update on the meetings he had attended for the Arts & Humanities Commission and Convention & Tourism Committee. Commissioner Ryan provided an update on the Salina Housing Authority Board meeting. Mayor Blanchard provided an update on the meetings attended for the Library Board and the Chamber of Commerce Board. Mayor Blanchard provided an update on the opening of Sav-A-Lot Grocery Store located on East Iron. Mayor Blanchard provided information on the state tax bill and read part of a letter he submitted to the Kansas State Representatives. Mr. Gage provided an update on the tax bill. ADJOURNMENT Moved by Commissioner Ryan, seconded by Commissioner Crawford, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:51 p.m. [SEAL] ATTEST: Shandi Wicks, CMC, City Clerk Page 6