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10-05-2015 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 5, 2015 4:00 p.m. The City Commission convened at 2:30 p.m. for Hazard Mitigation Plan 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. AWARDS AND PROCLAMATIONS (3.1) The day of October 11, 2015 as Our Veterans - Now and Forever Day" in the city of Salina. Bob Wickwire, VFW Past Commander read the proclamation and announced events associated with the proclamation. CITIZEN FORUM Karen Shade, 111 Wisconsin, announced that Talk Salina was sponsoring an open to the public conversation at two different times on October 7, 2015 regarding the criminal justice system. Mayor Blanchard asked if citizens should attend both conversation times. Ms. Shade noted that the topic would be the same for both meeting times but the conversation may be different. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of September 21, 2015. (6.2) Resolution No. 15-7286 appointing members to various board and commissions. (6.3) Authorize the purchase of 1,942 folding chairs from Spec Seats Intl Corp. in the amount of $105,353.50 and 750 banquet chairs from Michigan Tube Swagers and Fabricators, Inc. in the amount of $44,625.00 for the Salina Bicentennial Center. (6.4) Authorize the Mayor to approve Change Order No. 1 for Laboratory Support - Chemical Testing of Vapor to ESC Lab Science Corporation in the amount of $1,515.00 (Revised Agreement Amount $34,993.00); Change Order No. 5 for Laboratory Support - Chemical Testing of Soil, Sediment and Water to Continental Analytical Services, Inc. in the amount of $180.00 (Revised Agreement Amount $161,942.75); Change Order No. 5 for Surveying Support to Wilson & Company, Inc., Engineers & Architects in the amount of $390.00 (Revised Agreement Amount Page 1 15-0380 15-0381 15-0382 15-0383 $37,592.00) and Change Order No. 5 for Drilling Support to Environmental Priority Service, Inc. in the amount of $1,700.00 (Revised Agreement Amount $177,647.00). Moved by Commissioner Ryan, seconded by Commissioner Crawford, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 15-10802 amending Section 4 of the City's electric franchise with Westar Energy, increasing the franchise fee percentage from 5% to 6%, effective January 1, 2016. Mayor Blanchard noted that Ordinance No. 15-10802 was passed on first reading on September 21, 2015 and since that time no comments have been received. Moved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Ordinance No. 15- 10802 amending Section 4 of the City's electric franchise with Westar Energy, increasing the franchise fee percentage from 5% to 6%, effective January 1, 2016 on second reading. A roll call vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, Blanchard. Nay: (0). Motion carried. Jason Gage, City Manager, asked if the commission was comfortable with staff bringing a consideration for the Kansas Gas Service franchise increase. The Commission responded in a consensus that they were comfortable with the consideration. (7.2) Second reading Ordinance No. 15-10805 amending Chapter 35, Article VI entitled Driveways & Sidewalks and Chapter 31, Article VII, Division 1 of the Property Maintenance Code of the City of Salina pertaining to concrete work within rights-of- way. (7.2a) Resolution No. 15-7282 adopting "Specifications for Concrete Work". (7.2b) Resolution No. 15-7283 adopting "Sidewalk and Driveway Repair Criteria". Mayor Blanchard noted that Ordinance No. 15-10805 was passed on first reading on September 21, 2015 and since that time no comments have been received. Dan Stack, City Engineer, noted a correction to the Specifications for Concrete Work attached to Resolution No. 15-7282. Moved by Commissioner Davis, seconded by Commissioner Hardy, to adopt Ordinance No. 15- 10805 amending Chapter 35, Article VI entitled Driveways & Sidewalks and Chapter 31, Article VII, Division 1 of the Property Maintenance Code of the City of Salina pertaining to concrete work within rights-of-way on second reading. A roll call vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, Blanchard. Nay: (0). Motion carried. Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Resolution No. 15- 7282 adopting "Specifications for Concrete Work" with the edit to the specifications. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Resolution No. 15- 7283 adopting "Sidewalk and Driveway Repair Criteria". Aye: (5). Nay: (0). Motion carried. Page 2 „. 15-0384 15-0385 (7.3) Resolution No. 15-7284 authorizing the Mayor to execute an Extension to Management Agreement with Global Spectrum, LP, to extend the term of the Bicentennial Center Management Agreement for an additional one year. Dion Louthan, Director of Parks and Recreation, explained the Extension to Management Agreement. Mayor Blanchard thanked staff for their attention to the revenues and expenditures of the Bicentennial Center and noted that the building remained open during the construction. Mr. Louthan stated that Bicentennial Center Staff and the contractor helped to keep events going during the construction phase of the building. Commissioner Crawford asked if staff could provide the commission with a report showing the attendance record of events through 2015. Mr. Louthan stated that the information was included in the yearly report but staff could provide that information to the commission. Commissioner Hardy asked if staff could provide information on the attendance for events held within the arena area. Ron Rideout, Salina Bicentennial Center Manager, provided information on the use of the arena area. Commissioner Hardy provided his thoughts on the need to increase the attendance to events at the building. Rick Hontz, Global Spectrum, LP Regional Vice President, thanked the commission and provided information on the plan to market the building once the renovations were complete. Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Resolution No. 15- 7284 authorizing the Mayor to execute an Extension to Management Agreement with Global Spectrum, LP, to extend the term of the Bicentennial Center Management Agreement for an additional one year. Aye: (5). Nay: (0). Motion carried. (7.4) Resolution No. 15-7287 authorizing the Mayor to sign the Construction Engineering (CE) services work estimate with Kaw Valley Engineering, Inc. and the Kansas Department of Transportation (KDOT) for the Greeley Bridge Replacement over the old Smoky Hill River Channel, Project No. 08-2709. Dan Stack, City Engineer, explained the project, work estimate and fiscal impact. Commissioner Hardy asked if the timeframe was considered to be aggressive. Mr. Stack stated that KDOT felt that the timeframe was aggressive. Commissioner Hardy asked if the aggressive timeframe would cause prices to increase. Mr. Stack stated that the aggressive timeframe could cause prices to increase. The contract would allow for flexibility in the starting date. Moved by Commissioner Crawford, seconded by Commissioner Davis, to adopt Resolution No. 15-7287 authorizing the Mayor to sign the Construction Engineering (CE) services work estimate with Kaw Valley Engineering, Inc. and the Kansas Department of Transportation (KDOT) for the Greeley Bridge Replacement over the old Smoky Hill River Channel, Project No. 08-2709. Aye: (5). Nay: (0). Motion carried. Page 3 (7.5) Authorize the change of "No Parking' zone currently located only on the south side of Iron Avenue from Ohio Street to Marymount Road, to "No Parking" on both sides of the roadway to accommodate bike lanes. Dan Stack, City Engineer, explained the current parking in the area and the change. Jason Gage, City Manager, explained the parking on arterial streets and stated that the question was if the parking was necessary or a convenience. Commissioner Ryan asked how many homes were located within the block between Connecticut and Delaware. Mr. Stack stated there were four or five houses between both ends. Mayor Blanchard asked if the required amount of parking for the apartment building included the apartment parking lot and street parking. Mr. Stack stated that the apartment parking was the parking lot only and not street parking. Commissioner Davis asked if the bike lane could be put onto the sidewalk in that block of Iron Avenue. Mr. Gage stated that the project cost to put the bike lane on the sidewalk could be expensive. Mayor Blanchard asked for information on the bike lanes connecting to the hike and bike trail. Mr. Stack responded by providing information on the connection of the bike lanes and hike and bike trail. Commissioner Hardy asked what the traffic count was on that portion of Iron Avenue. Mr. Stack stated that the traffic count was 10,006 at the intersection of Ohio Street and Iron Avenue. Commissioner Hardy provided his thoughts on the width of the driving lanes. A conversation ensued between the commission and Mr. Stack regarding the hike and bike trails connecting to the bike lanes and the parking on Iron Avenue. Abner Perney, 101 Overhill Road, stated that the most difficult part of biking on Iron Avenue was the intersection of Ohio Street and Iron Avenue. Mr. Perney provided his thoughts on the parking on Iron Avenue and asked if the bike lanes would be available on Iron Avenue west of Ohio Street. Mr. Gage responded by stating that the sidewalks would be eight (8) foot wide and there would also be bike lanes. Dave Miller, 133 East Lake Drive, stated that he was not in favor of allowing parking next to a bike lane. Jerry Brown, 210 S. Estate Drive, explained his experience riding bikes in bike lanes in Missoula, Montana and provided his thoughts on the bike lanes in Salina. Judy Larson, 715 N. Ninth, spoke in favor of the bike lanes and provided her thoughts on the need to eliminate the parking on Iron Avenue. John Claman, 1215 E. Iron Avenue, provided his thoughts on the need for parking on his block. Mayor Blanchard thanked Mr. Claman for attending the meeting. Commissioner Crawford asked if he had parking available off the alley. Mr. Claman stated that he did not have parking available off the alley. The commissioners provided their thoughts on the bike lanes and parking along Iron Avenue. Page 4 Z a 15-03$6 15-0387 Mayor Blanchard asked what the width Stack stated that there wouldbe afour (4) dtMf Mr.Stack the travel lane, turn lane and bike ane 1 foot d be on Iron Avenue west of Ohio St wide bike lane on both sides, a narrower turn lane, and ten (10) foot travel lanes. Mayor Blanchard asked if a turn lane could be added east of Ohio Street on Iron Avenue. Mr. Stack responded by stating that staff had not looked into that option but the bike riders would have to ride along the concrete joint which could make biking difficult. Commissioner Hardy provided his thoughts on the ability to park a vehicle inside of a garage. Moved by Commissioner Hardy, seconded by Commissioner Ryan, to authorize the change of "No enue from Parking" zone currently located only on both slides of the roadway to A ommodat bOe lanes.eet to Aye: Marymount Road, to No Parking" (5). Nay: (0). Motion carried. (7.6) Resolution No. 15-7285 authorizing the Mayor to execute a real estate contract with RD, LLC in order to acquire property as part of the proposed downtown field house project. Dion Louthan, Director of Parks and Recreation, explained the contract and property acquisition. Jason Gage, City Manager, explained that there was not a cost markup on the acquisition of the property and the acquisition would be paid for by private funding dollars. Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Resolution No. 15- 7285 authorizing the Mayor to execul fieldthousettproject act h acquire Ayye: (5) RD, LLC 1Nay order o Motion property as part of the proposed downtown carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Commissioner Hardy noted that a civic luncheon would occur at Kansas State University Salina on Thursday, October 7, 2015. Mayor Blanchard noted a successful fall fix -up event over the past weekend. Mayor Blanchard stated that citizens could help build the park equipment on Saturday, October 10, 2015 at Steve Hawley Park. (9.1) Request for executive session (legal). Greg Bengtson, City Attorney, explained that the executive session would be for a specific topic with possible action. 15-0388 Moved by Commissioner Ryan, seconded by Commissioner Hardy, to recess into executive session for 25 minutes to discuss with legal counsel matters subject to the attorney-client privilege for the reason that public discussion of those matters would waive the privilege and adversely affect the City's interest in the matters and reconvene at 6:10 p.m. Page 5 .15-0389 s 15-0389 I 15-0390 The City Commission recessed into executive session at 5:45 p.m. and reconvened at 6:10 p.m. No action was taken. loved by Commissioner Ryan, seconded by Commissioner Davis,tend the current executive ti n carried 2ssion for an additional 15 minutes. Aye: (5). Nay: (0). The City Commission recessed into executive session at 6:10 p.m. and reconvened at 6:25 p.m. No action was taken. ✓loved by Commissioner Ryan, seconded by Commissio er Hardy, edxtend the current executive session for an additional 14 minutes. Aye: (5). Nay: (0). MotionThe City Commission recessed into executive session at 6:26 p.m. and reconvened at 6:40 p.m. Moved by Commissioner Davis, seconded by Co o is Crawford, `cuorrently unpainted em g onry Ordinance No. 15-10806 establishing a moratorium painting exterior surfaces and the painting of any exterior ur 7 e Aye: (5) Nay: (0).involving a gMotion carried. on any building located within the Lee District under Item Y aintin 7.7 First reading Ordinance No. 15-10806 establishing the maoriuof any textep or surgfacoe ( ) on currently unpainted masonry exterior surfaces and f color, on any building located within the L painting District. involving a change o Greg Bengtson, City Attorney, provided the ordinance with one modification. Mr. Bengtson read through the ordinance aloud and noted the term of the moratorim to be set by the u Governing Body. Jason Gage, City Manager, explain ed that staff Im t ohe vement Distrreview of ict Business t Design Reviewe policy by the Improvement District No.1 and the Business p would be necessary and felt 60 days would be the appropriate timeframe. at Nathan Mattison, 609 Starlight Drive, representing the owner exercise proper t 104 North Santa Fe, provided his thoughts on the owner wishing paint the I on the board having the authority to address the matter; building; provided his thoughts i; oratoriod to be shortened so the owner could potentially and requested that the m paint the building prior to winter. �I ghts on the length of the moratorium and the Commissioner Davis provided his thou findings of the Design Review Board. A conversation ensued between the Commission regarding the painting of the building and the design guidelines. in the samc Mayor Blanchard asked if the repainting vzh s and ainting of the currently e brick fa�ade was ddunpain ec application as the replacement of the awnin P brick masonry facade. Dean Andrew, Director of Planning, responded by stating that jl s issued for therepainting ninla ement P e on the rear facade an( certificate of compatibility wa !� a certificate of compatibility was issued for th g Pagel 15-0301 15-0392 15-0393 15-0394 A conversation ensued between Commissioner Davis, Mr. Gage and Mr. Bengtson regarding the goal of the moratorium and the intent of the moratorium pertaining to the current applicant and all of the Lee District. Moved by Commissioner Davis, seconded by Commissioner Hardy, to pass Ordinance No. 15- 10806 on first reading establishing a 60 -day moratorium on the painting of currently unpainted masonry exterior surfaces and the painting of any exterior surface involving a change of color, on any building located within the Lee District. A conversation ensued between the Commission and Mr. Gage regarding the term of the moratorium. Mr. Bengtson stated that changes to the guidelines would require an ordinance and at that same time an ordinance would be brought to terminate the moratorium. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Davis, seconded by Commissioner Hardy, to declare a compelling public purpose exists for second reading approval of Ordinance No. 15-10806 on the same day as the first reading. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Ordinance No. 15- 10806 on second establishing a 60 -day moratorium on the painting of currently unpainted masonry exterior surfaces and the painting of any exterior surface involving a change of color, on any building located within the Lee District. A roll call vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, Blanchard. Nay: (0). Motion carried. The commission requested an expedited process of the review. ADJOURNMENT Moved by Commissioner Ryan, seconded by Commissioner Hardy, that the regular meeting of the i Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 7:22 p.m. [SEAL] ATTEST: ShandJs, CMC, City Clerk UjoR. Blanchard, Mayor Page 7