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09-14-2015 MinutesN Z w U) 160 N C O U CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS September 14, 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) Mayor Blanchard to recognize outgoing Police Lieutenant Russ Lamer. Mayor Blanchard provided information on Lt. Lamer's career and thanked Lt. Lamer for his years of service. Lt. Lamer thanked the City Commission and City staff for allowing him to serve the City for his career. (3.2) The week of September 17-23, 2015 as "Constitution Week" in the city of Salina. Cindy Oetting with the Daughters of American Revolution read the proclamation and announced upcoming events. (3.3) The month of September, 2015 as "National Preparedness Month" in the city of Salina. Hannah Stambaugh, Director of Saline County Emergency Management read the proclamation and announced events planned. (3.4) The month of September, 2015 as "Childhood Cancer Awareness Month" in the city of Salina. Melissa Lidgett, Childhood Cancer Survivor, read the proclamation. Heidi Feyerherm-Smith announced events associated with the proclamation. Mayor Blanchard announced that members of the City Commission plan to attend the Vietnam Veterans of America and National POW/MIA Recognition Day on Friday, September 18, 2015 at Sunset Park and the Kansas Wesleyan University Salina Community Day to be held on Saturday, September 19, 2015. CITIZEN FORUM Joseph Minneman, Peoria, Illinois, would like the City Commission to postpone Resolution No. 15-7209 and Resolution 15-7258 and stated that he just filed a court case today. Michael Schrage, Deputy City Manager, explained that staff could provide an update to the request later in the meeting if the Commission would like to add the item to the agenda. Ray Hruska, 235 N. Santa Fe, requested that the rainbow flag be denounced from use in the City of Salina. Jason Gage, City Manager, stated that the only flags flying at the city buildings are the United States flag, State of Kansas flag and the City of Salina flag and staff would need additional information from Mr. Hruska in order to respond to his request. Mayor Blanchard stated that he did not feel additional information was necessary. Page 1 15-0348 15-0349 115-0350 C HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Continue public hearing for S&B Motels Community Improvement District (CID) Petition. (5.1a) First reading Ordinance No. 15-10795 approving the S&B South Ninth Community Improvement District. Mayor Blanchard continued the public hearing. Jason Gage, City Manager, presented the new Exhibit D of the Development Agreement pertaining to the estimated costs. Mr. Gage explained the petition, compliance review, agreements, and prior City Commission action. Mr. Gage responded to a question from the last meeting pertaining to the need for the creation of the CID. Mayor Blanchard noted that he received a phone call from Norman Riffel, developer of the property; Mr. Riffel was in attendance in the last City Commission meeting and was not sure if he would be able to attend the meeting today. Chris Sook with Sloan, Eisenbarth, Glassman, McEntire & Jarboe, L.L.C., representing S&B Motels, Inc., requested that the City Commission approve the ordinance on first and second reading today to allow for the item to be placed on the Planning Commission agenda for the October meeting. Frank Hampton, 114 W. Walnut, Chairman Salina Area Chamber of Commerce, announced that the Chamber of Commerce board unanimously approved to support the CID district. Abner Perney, 101 Overhill Road, stated that he was in support for the project and felt there was a need for additional convention and hotel space. Sylvia Rice, Visit Salina, 120 W. Ash, stated that the city had a desperate need for a convention center with hotel and noted that there was a large loss in revenue over the years due to the lack of convention center space. There being no further comments the public hearing was closed. Commissioner Davis asked if the hotel would be able to separate the items on the bill to show the amount for the CID. Mr. Sook responded by stating that the invoicing software would be able to itemize the charges and taxes on the bill. Mr. Gage stated that if the Commission would like to declare a compelling public purpose exists, a motion could be made to declare the compelling public purpose exists then follow with a motion to approve the ordinance on second reading. 4oved by Commissioner Hardy, seconded by Commissioner Davis, to pass Ordinance No. 15- 0795 on first reading. Aye: (5). Nay: (0). Motion carried. by Commissioner Hardy, seconded by Commissioner Davis, to declare a compelling public exists for second reading approval of Ordinance No. 15-10795 on the same day as the first ding. Aye: (5). Nay: (0). Motion carried. Mayor Blanchard explained why he felt a compelling public purpose existed. 4oved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Ordinance No. 15- 0795 on second reading. A roll call vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, lanchard. Nay: (0). Motion carried. Page 2 [7 15-0352 15-0353 ved by Commissioner Hardy, seconded by Commissioner Ryan, to adopt Resolution No. 15- 7 to authorize the Mayor to enter into the attached CID Development Agreement with S & B tels, Inc. Aye: (5). Nay: (0). Motion carried. (5.2) Public hearing and report on Petition No. 4373 (filed by Mark Augustine on behalf of the Rebecca L. Augustine Trusts) requesting the vacation of a 20 foot platted utility easement located on Lots Two (2) and Five (5), Block One (1) of the Triplett II Addition located at the southeast corner of Ohio Street and North Street. (5.2a) First reading Ordinance No. 15-10800. Mayor Blanchard opened the public hearing. Dean Andrew, Director of Planning, explained the request, affected public and franchise utilities and recommended action. Commissioner Hardy asked if the easement was part of a larger easement. Mr. Andrew responded by stating that the easement was part of a larger easement at one time but the rest of the easement had been vacated in the past. There being no further comments the public hearing was closed. 4oved by Commissioner Davis, seconded by Commissioner Crawford, to pass Ordinance No. 15- 0800 on first reading. Aye: (5). Nay: (0). Motion carried. ONSENT AGENDA (6.1) Approve the minutes of August 24, 2015. (6.2) Award demolition bid for Project No. DS 15-0002 for future proposed structures and their accessory buildings to Excel Dirt & Excavating in the amount specified in the bid documents -and allow staff to contract for inspection services from North Central Regional Planning Commission, upon designation of dangerous structures. (6.3) Approve the purchase of FullCourt Enterprise. software upgrade from Justice Systems, Inc. in the amount of $51,776 plus $19,110 for annual maintenance, for a total of $70,886. Commissioner Hardy requested that Item 6.3 be removed from the consent agenda. Mayor Blanchard noted a correction to page one of the minutes pertaining to the spelling of Chris Sook's name. Commissioner Crawford noted corrections to page seven of the minutes to correct the spelling of Jim Angell's name and Jeanie Caywood's name. led by Commissioner Davis, seconded by Commissioner Ryan, to approve the consent agenda item 6.3. Aye: (5). Nay: (0). Motion carried. (6.3) Approve the purchase of FullCourt Enterprise software upgrade from Justice Systems, Inc. in the amount of $51,776 plus $19,110 for annual maintenance, for a total of $70,886. Commissioner Hardy asked if the annual maintenance was a yearly cost and how the cost would be paid. Jack Rolfs, Director of Computer Technology, stated that the annual maintenance was a yearly cost and would be paid out of the Computer Technology maintenance fund. Page 3 15-0355 loved by Commissioner Crawford, seconded by Commissioner Ryan to authorize the purchase of ullCourt Enterprise software upgrade from Justice Systems, Inc. in the amount of $51,776 plus 19,110 for annual maintenance, for a total of $70,886. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 15-10798 requesting annexation of a 111 acre tract of land located on the east side of South Ohio Street south of Schilling Road into the city. Mayor Blanchard noted that Ordinance No. 15-10798 was passed on first reading on August 24, 2015 and since that time no comments have been received. Commissioner Davis stated that he voted against the item at the last meeting and felt that a look at the housing surveying results pertaining to residential properties would need to be done in the near future. Commissioner Hardy stated that he felt that the tract might deserve more attention for the best use of the land in the future. Mayor Blanchard thanked staff for their hard work on the item and provided his thoughts on the annexation and stated that he planned to change his vote from a yes to a no. Jason Gage, City Manager, stated that the City had a long range plan to continue the infrastructure in that area. Commissioner Hardy provided his thoughts on the building codes of the City of Salina versus the building codes of Saline County. A conversation ensued between the City Commission and Mr. Gage regarding the cooperation between the City of Salina and Saline County and the annexation of the property. Mayor Blanchard read a section out of the Comprehensive Plan pertaining to infill and redevelopment and provided his thoughts. Commissioner Hardy provided his thoughts on infill and redevelopment. Commissioner Davis asked if there had ever been a form of communication between builders and developers regarding the Comprehensive Plan. Commissioner Crawford stated that she felt that the redevelopment of downtown Salina might help to encourage the communication between developers and builders. Mayor Blanchard provided his thoughts on the creation of land banks, revitalization rebate programs and redevelopment and felt that a pattern of infill and redevelopment needed to start now. Moved by Commissioner Ryan, seconded by Commissioner Hardy, to adopt Ordinance No. 15- 0798 requesting annexation of a 111 acre tract of land located on the east side of South Ohio Street outh of Schilling Road into the city. Aye: (3) Crawford, Hardy, Ryan. Nay: (2) Davis, Blanchard. Motion carried. (7.2) Receive public comment regarding the proposed use of fiscal year 2015 justice. Assistance Grant (JAG) program funds, and authorize the JAG program grant application and equipment acquisition, as presented. Page 4 Ell Z w w 15-0356 0 U 15-0357 Sean Morton, Deputy Chief of Police, explained the program and use of funds. Mayor Blanchard asked if the categories listed on the overall summary page were the categories available to budget the grant money. Mr. Morton responded by stating that the funds could be used for any of the categories within the summary but typically staff used the funds for equipment purchases. Moved by Commissioner Hardy, seconded by Commissioner Crawford, to authorize the Mayor to sign the memorandum of understanding, the electronic submittal of fiscal year 2015 Justice Assistance Grant program funds and the acquisition of five Stalker Speed Radars. Aye: (5). Nay: (0). Motion carried. (7.3) Resolution No. 15-7275 authorizing the Mayor to execute a Construction Manager at Risk Agreement with McCown Gordon Construction, LLC. ("McCown"), setting forth the terms and conditions relating to McCown s proposed construction manager at risk services for the Salina Downtown Field House, Project No. 15-3077. Steve Hardesty, Deputy Director of Parks and Recreation, explained the request for qualifications received, project scope and agreement specifics. Mayor Blanchard asked where the $25,000 pre -construction cost would be taken from. Jason Gage, City Manager, responded by stating that the pre -construction cost would be taken from the private dollars collected. Mayor Blanchard asked if changes of the scope were to occur how that would be handled. Jason Gage, City Manager, stated that he did not feel that the change of scope would affect this agreement. Todd Knight, McCown Gordon Construction, LLC., thanked the City Corrunission and City staff for the opportunity to continue to work with the City of Salina. Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Resolution No. 15- 7275 authorizing the Mayor to execute a Construction Manager at Risk Agreement with McCown Gordon Construction, LLC. ("McCown"), setting forth the terms and conditions relating to McCown s proposed construction manager at risk services for the Salina Downtown Field House, Project No. 15-3077. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Application No. Z15-9 (filed by the Salina Airport Authority), requesting a comprehensive amendment of Section 42-815 through 42-825 of the Salina Municipal Airport Zoning Ordinance. (8.1a) First reading Ordinance No. 15-10799. Dean Andrew, Director of Planning, explained the current request, Planning Commission recommendation and commission action alternatives. Tim Rogers, Salina Airport Authority, thanked the Commission for the consideration and explained the activity of the airport, airspace zoning and noted that it was a joint item between the City of Salina and Saline County. Mayor Blanchard stated that he, along with Commissioner Crawford had observed the work of Jviation in the past. Page 5 [1 15-0359 15-0360 Moved by Commissioner Hardy, seconded by Commissioner Davis, to pass Ordinance No. 15- 10799 on first reading approving Application No. Z15-9 (filed by the Salina Airport Authority), requesting a comprehensive amendment of Section 42-815 through 42-825 of the Salina Municipal Airport Zoning Ordinance. Aye: (5). Nay: (0). Motion carried. (8.2) Application No. Z15-8 (filed by Salina City Planning Commission), requesting review and possible amendment of Section 42-518 (9) of the University District Sign Regulations to allow electronic changeable copy signs in the U (University) zoning district. (8.2a) First reading Ordinance No. 15-10801. Dean Andrew, Director of Planning, explained the current request, staff analysis, Planning Conunission recommendation and commission action alternatives. Commissioner Davis asked how a sign was designated to be blinking and flashing. Mr. Andrew responded by stating that if the sign was changing faster than an eight second hold time it was considered blinking and flashing. Commissioner Davis asked what a moving pictorial picture was. Mr. Andrew responded by stating that a moving pictorial picture was scrolling text across a sign. Commissioner Davis asked if the 10:00 p.m. time limit would be late enough for football games. Mr. Andrew responded by stating that the ordinance could be cleaned up prior to second reading to note that the time limit could be 10:00 p.m. unless an event was scheduled at the facility. Mayor Blanchard asked if a portion of the sign could be back lit. Mr. Andrew responded by stating that if a portion of the sign would be back lit the time limit would remain the same. Jason Gage, City Manager, asked what was currently on the back side of the scoreboard located at Kansas Wesleyan University. Mr. Andrew responded by stating that the back of the scoreboard was currently blank with wires hanging for additional signs to be placed within the backside of the scoreboard. Moved by Commissioner Davis, seconded by Commissioner Hardy, to pass Ordinance No. 15- 10801 on first reading approving Application Z15-8 (filed by Salina City Planning Commission), requesting review and possible amendment of Section 42-518 (9) of the University District Sign Regulations to allow electronic changeable copy signs in the U (University) zoning district with possible changes to the timing aspect of the sign usage for second reading. Aye: (5). Nay: (0). Motion carried. Michael Schrage, Deputy City Manager, asked for a 5 minute recess. Mayor Blanchard recessed into executive session at 6:00 p.m. The meeting reconvened at 6:05 p.m. OTHER BUSINESS ived by Commissioner Ryan, seconded by Commissioner Davis, to place on the agenda the tter of 623 N. 13th Street under agenda item 7.4. Aye: (5). Nay: (0). Motion carried. (7.4) Discussion of the matter of 623 N. 13th Street. Greg Bengtson, City Attorney, stated that there was a standing order in Saline County District Court relating to that property and the order lists information from Resolution Nos. Page 6 15-0361 15-0362 15-0363 Ll� 15-7209 and 15-7258. Mr. Bengtson read a portion of the court order and stated that the deadline for the removal was on September 11, 2015. Mr. Bengtson stated that with Mr. Minneman's announcement that he had filed suit and the order of the Saline County District Court would stand and the City would not want to veer away from that order. Commissioner Davis asked if the original course of action would remain. Mr. Bengtson stated that Commissioner Davis was correct. Joseph Minneman, Peoria, Illinois, stated that Mr. Bengtson misinterpreted the law and the resolution listed a start date but could not list a completion date and requested that the City Commission suspend their action on this item. Commissioner Hardy asked if a completion date wag listed on the resolution. Gary Hobbie, Director of Development Services stated that September 11, 2015 was listed on the resolution as the completion date. Mr. Minneman stated that the court would determine the outcome of the item. Mayor Blanchard asked if the resolutions were incorporated into the court order. Mr. Bengtson responded by stating that both resolutions were incorporated into the court order. Mayor Blanchard asked if any action was necessary on this item. Mr. Bengtson stated that action was not necessary. (9.1) Request for executive session (real estate/ legal). wed by Commissioner Ryan, seconded by Commissioner Davis, to recess into executive session 60 minutes to discuss matters pertaining to the acquisition of real estate for the reason that blic discussion of the matter would adversely affect the City's position in relation to acquisition the real estate and to discuss with legal counsel matters subject to the attorney-client privilege the reason that public discussion of those matters would waive the privilege and adversely ect the City's interest in the matters and reconvene at 7:15 p.m. The City Conunission recessed into executive session at 6:15 p.m. and reconvened at 7:15 p.m. No action was taken. yor Blanchard noted that the League of Kansas Municipalities Governing Board Meeting was d at the new Holiday Inn and a reception and dinner were held at Blue Sky Brewery. yor Blanchard thanked everyone for their support on the 9/11 Community Service Event and ed the next fall fix up day was October 3, 2015. ed by Commissioner Ryan, seconded by Commissioner Davis, to extend the current executive on for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:15 p.m. and reconvened at 7:30 p.m. No action was taken. ed by Commissioner Ryan, seconded by Commissioner Davis, to extend the current executive on for an additional 30 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:30 p.m. and reconvened at 8:00 p.m. No action was taken. Page 7 Z a w 15-0365 0 U [l 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 8:00 p.m. and reconvened at 8:15 p.m. No action was taken. ADJOURNMENT Moved by Commissioner Ryan, seconded by Commissioner Davis, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 8:15 p.m. [SEAL] I ATTEST: 0-�L� �a� Shandi Wicks, CMC, City Clerk Page 8