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07-13-2015 Minutesi Ef �1 15-0270 ,ITY OF SALINA, KANSAS LIGULAR MEETING OF THE BOARD OF COMMISSIONERS my 13, 2015 E:00 P.M. City Commission convened at 2:30 p.m. for Budget Overview and at 3:45 p.m. for Citizens Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, -County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of ose present and comprising a quorum: Mayor Jon R. Blanchard (presiding), Commissioners ye Crawford, Trent Davis, Randall Hardy, and Karl Ryan. so present: Jason Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson, .y Attorney; and Shandi Wicks, City Clerk. WARDS AND PROCLAMATIONS None. FORUM Ray Hruska, 235 N. Santa Fe, spoke regarding open meetings and the meeting pertaining to economic development. Greg Bengtson, City Attorney, explained what constituted an open meeting under the Kansas Open Meetings Act and provided information on the economic development meeting that recently took place. HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on Petition #4370, filed by J. Vosseller on behalf of the USD No. 305 Board of Education located at 1135 Lakewood Circle, requesting vacation of a 160 ft. portion of a 20 feet north -south utility easement located on Lot 1, Block 1 of the Lakewood School Addition to the City of Salina, Saline County, Kansas. (5.1a) First reading Ordinance No. 15-10786. Mayor Blanchard opened the public hearing. Dean Andrew, Director of Planning, explained the request, affected public and franchise utilities and recommended action. Mayor Blanchard asked who would pay for the relocation of the line. Mr. Andrew responded by stating that the school district would pay for the line relocation. Warren Ediger, Architect for USD No. 305, requested that the ordinance be approved on first and second reading today. There being no further comments the public hearing was closed. 4oved by Commissioner Davis, seconded by Commissioner Hardy, to pass Ordinance No. 15- 0786 on first reading. Aye: (5). Nay: (0). Motion carried. Page 1 N 15-0272 Z W U 15-0273 15-0274 ed by Commissioner Hardy, seconded by Commissioner Davis, to declare a compelling public ,ose exists for second reading approval of Ordinance No. 15-10786 on the same day as the first 4oved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Ordinance No. 15- 0786 on second reading. A roll call vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, lanchard. Nay: (0). Motion carried. SENT AGENDA (6.1) Approve the minutes of July 6, 2015. (6.2) Resolution No. 15-7257 appointing a member to the Saline County Community Corrections Advisory Board. (6.3) Resolution No. 15-7261 authorizing the Mayor to execute a First Amendment to the Owner's Representative Agreement with FREW Development Group, LLC. (6.4) Authorize rehabilitation of the Chlorine Building hoist system at the Water Treatment Plant, Project No. 14-3054 with Independent Electric of Topeka, Kansas in the amount of $26,400 and for painting the hoist system crane structure with Hartwood Painting, Inc. of Salina, Kansas in the amount of $26,000. (6.5) Authorize purchase of five Remote Telemetry Units from R.E. Pedrotti Co., Inc. of Mission, Kansas, in the amount of $98,645. ed by Commissioner Crawford, seconded by Commissioner Davis, to approve the consent da as presented. Aye: (5). Nay: (0). Motion carried. TION (7.1) Second reading Ordinance No. 15-10784 amending Section 5-25 of the Salina Code by adding Oakdale Park to the list of properties owned by the City eligible for the issuance of alcoholic liquor special event permits. Mayor Blanchard noted that Ordinance No. 15-10784 was passed on first reading on July 6, 2015 and since that time no comments have been received. 4oved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Ordinance No. 15- 0784 on second reading amending Section 5-25 of the Salina Code by adding Oakdale Park to the .st of properties owned by the City eligible for the issuance of alcoholic liquor special event ermits. A roll call vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, Blanchard. Nay: (0). 4otion carried. (7.2) Second reading Ordinance No. 15-10782 amending the list of permitted uses in Section 42-252 of the C-1 (Restricted Business) district regulations, Section 42-267 of the C-2 (Neighborhood Shopping) district regulations, Section 42-282 of the C-3 (Shopping Center) district regulations, Section 42-302 of the C-4 (Central Business) district regulations, Section 42-317 of the C-5 (Service Commercial) district regulations, Section 42-332 of the C-6 (Heavy Commercial) district regulations and Section 42-338 of the C-7 (Highway Commercial) district regulations in Article VI, Division 14 of the Zoning Ordinance to add any similar use as a catchall provision to the permitted use section of each commercial district. Page 2 115-0275 0 Z a W y C U 15-0276 P(, Mayor Blanchard noted that Ordinance No. 15-10782 was passed on first reading on July 6, 2015 and since that time no comments have been received. Moved by Commissioner Davis, seconded by Commissioner Crawford, to adopt Ordinance No. 15-10782 on second reading amending the list of permitted uses in Section 42-252 of the C-1 (Restricted Business) district regulations, Section 42-267 of the C-2 (Neighborhood Shopping) district regulations, Section 42-282 of the C-3 (Shopping Center) district regulations, Section 42-302 of the C-4 (Central Business) district regulations, Section 42-317 of the C-5 (Service Commercial) district regulations, Section 42-332 of the C-6 (Heavy Commercial) district regulations and Section 42-338 of the C-7 (Highway Commercial) district regulations in Article VI, Division 14 of the Zoning Ordinance to add any similar use as a catchall provision to the permitted use section of each commercial district. A roll call vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, Blanchard. Nay: (0). Motion carried. (7.3) Second reading Ordinance No. 15-10785 amending Section 42-596(a) of Article VIII of the Zoning Ordinance to clarify and update the duties, responsibilities and authority of the Zoning Administrator. Mayor Blanchard noted that Ordinance No. 15-10785 was passed on first reading on July 6, 2015 and since that time no comments have been received 4oved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Ordinance No. 15- 0785 on second reading amending Section 42-596(a) of Article VIII of the Zoning Ordinance to larify and update the duties, responsibilities and authority of the Zoning Administrator. A roll all vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, Blanchard. Nay: (0). Motion carried. (7.4) Resolution No. 15-7260 authorizing the Mayor to execute an Owner's Representative Agreement with FREW Development, LLC ("FREW"), setting forth the terms and conditions relating to FREW's proposed owner's representative services for the Salina Field House. Dion Louthan, Director of Parks and Recreation, explained the agreement and noted that a check was received from the Greater Salina Community Foundation. Todd Nelson, FREW Development Group, LLC, thanked the commission for the opportunity to serve on another project. Mayor Blanchard thanked Keith Searcy for all of his hard work on the current projects. Mayor Blanchard asked about the monthly fee that was included at the conclusion of the prior agreement with FREW Development Group, LLC but was not included in the current agreement. Mr. Louthan responded by stating that staff' felt since the owner's representative was on board early enough it allowed for better control of the schedule of the project. Mayor Blanchard asked staff to summarize the phases of the Salina Field House project. Jason Gage, City Manager, responded by stating that the project phase began with the design services and continued to explain the owner's representative and the construction manager roles. Commissioner Davis asked if the agreement would need to go out for bid. Mr. Gage responded by stating that for professional services, a base selection process was used to pick the firm. Page 3 { i F��I_ Ray Hruska, 235 N. Santa Fe, asked how the project would be paid for. Mr. Gage responded by stating that fifty percent of the funds were private donations and the remaining fifty percent would be paid by the City of Salina with general obligation bonds. Judy Larson, 715 N. Ninth, expressed her thoughts on the list of donors to remain Z confidential. a w 15-027 Moved by Commissioner Davis, seconded by Commissioner Hardy, to adopt Resolution No. 15- 1-? 7260 authorizing the Mayor to execute an Owner's Representative Agreement with FREW Development, LLC ("FREW"), setting forth the terms and conditions relating to FREW's proposed owner's representative services for the Salina Field House. Aye: (5). Nay: (0). Motion carried. 0 (7.5) Resolution Nos. 15-7258 and 15-7259 extending substantial completion dates for dangerous structure properties located at 623 North 13th & 1119 West Ash and provide an update on Resolution Nos. 15-7199 through 15-7218 which provided for repair or removal of designated dangerous structures and establishing a reasonable time within which the repair or removal of such structures shall commence and be substantially completed. Jim Brown, Building Official, explained dangerous structure process, status on the repairs of the properties and action options. Commissioner Hardy asked for a status on the repairs at 623 N. 13th Street. Mr. Brown responded by stating that work was started on the property without a permit and that the work must be performed by a demolition contractor. Mr. Brown continued to state that staff would be going to court later in July pertaining to this property. Mayor Blanchard noted that eight (8) of the twenty (20) properties were in compliance, five (5) of the properties were scheduled for demolition. Mr. Gage asked what the status was of the property at 623 N. 13th. Mr. Brown responded by stating that the siding, doors and roof structure were removed from the building and noted that the structure was not secure at this time. Mr. Gage asked if construction fencing was around the perimeter of the property. Mr. Brown stated that currently the property did not have construction fencing. Mr. Gage stated that he would be more comfortable if the property had construction fencing around it. Judy Larson, 715 N. Ninth, stated she was concerned about a liability issue if someone fell or was injured on the property. 15-0278 Moved by Commissioner Davis, seconded by Commissioner Hardy, to adopt Resolution No. 15- 7258 finding that the structure at 623 N. 13th Street is unsafe or dangerous; directing structure be ,repaired or removed and the premises made safe and secure; fixing a date of September 11, 2015 within which the repair or removal shall be completed; and authorizing staff to proceed with the demolition or repair if the owner(s) fail to comply. Aye: (5). Nay: (0). Motion carried. 15-0279 IlMoved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Resolution No. 15- 7259 finding that the structure at 1119 West Ash is unsafe or dangerous; directing structure be repaired or removed and the premises made safe and secure; fixing a date of September 11, 2015 within which the repair or removal shall be completed; and authorizing staff to proceed with the demolition or repair if the owner(s) fail to comply. Aye: (5). Nay: (0). Motion carried. Page 4 i P", 1 (7.6) Consider accepting by donation properties located at 234 South Phillips and 409 West Euclid from the property owners " Gary Hobbie, Director of Development Services, explained the donations and condition of " the properties. Z w Commissioner Davis asked what the estimated maintenance cost would be on the properties. Mr. Hobbie responded by providing the amounts for the mowing services of both properties and the cost of the structure demolition at 409 West Euclid. D Commissioner Hardy asked what the land could be used for. Mr. Hobbie responded by O stating that the properties would be owned by the City of Salina until a future land bank was created then the properties would be transferred to the land bank. The properties could be used for a donation to a not-for-profit organization. 15-0280 Moved by Commissioner Hardy, seconded by Commissioner Davis, to accept the donation of land at 234 South Phillips and 409 West Euclid, allowing for the properties to be placed in control of the City of Salina. Aye: (5). Nay: (0). Motion carried. (7.7) Resolution No. 15-7256 authorizing the Mayor to execute an Architect Agreement with SFS Architecture ("SFS"), setting forth the terms and conditions relating to SFS's proposed architectural and engineering design services for the Salina Field House. Dion Louthan, Director of Parks and Recreation, explained the agreement. Cary Newman, SFS Architecture, stated that his company felt honored to be a part of the project. Commissioner Davis, asked if the Commission was interested, when would be a good time to incorporate a public art piece in the project. Jason Gage, City Manager, responded by stating that the timing was perfect to incorporate a public art piece for the project and stated that budget and location of the art piece would be beneficial for staff. Mayor Blanchard asked if the funds were currently available for the agreement. Mr. Louthan responded by stating that there were funds currently available. Ray Hruska, 235 N. Santa Fe, asked what the primary purpose was of a field house. Mayor Blanchard stated that the field house would fill a need for a public recreation facility. 15-0281 Moved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Resolution No. 15- 7256 authorizing the Mayor to execute an Architect Agreement with SFS Architecture ("SFS"), setting forth the terms and conditions relating to SFS's proposed architectural and engineering design services for the Salina Field House. Aye: (5). Nay: (0). Motion carried. EVELOPMENT BUSINESS BUSINESS Mayor Blanchard stated that the City Commission approved in the past a resolution supporting good governance for both the City of Salina employees and the Saline County employees and would like Saline County Chairman Shadwick to have a conversation with the fellow county commissioners regarding their conduct. Page 5 I 15-028'2 O N U 15-0283 i r Commissioner Davis asked if the Commission would be interested in adding a public art piece to the Salina Field House project. The Commissioners reached a consensus to include the public art piece and it was suggested that the item be discussed in a study session. Jason Gage, City Manager, stated that there were two components that would need to be made on the item. The Commission and staff reached a consensus to hold a study session on Monday, July 20, 2015 at 2:00 p.m. (9.1) Request for executive session (real estate). ved by Commissioner Ryan, seconded by Commissioner Hardy, to recess into executive session 10 minutes to discuss matters pertaining to the acquisition of real estate for the reason that ,lic discussion of the matter would adversely affect the City's position in relation to acquisition the real estate and reconvene at 5:40 p.m. The City Commission recessed into executive session at 5:30 p.m. and reconvened at 5:40 p.m. No action was taken. wed by Commissioner Hardy, seconded by Commissioner Crawford, that the regular meeting the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The eting adjourned at 5:40p.m. SEAL] TTEST: ihandi Wicks, CMC, City Clerk Page 6