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02-08-2016 MinutesN 16-0045 'ITY OF SALINA, KANSAS :EGULAR MEETING OF THE BOARD OF COMMISSIONERS ebruary 8, 2016 :00 P.M. City Commission convened at 3:45 p.m. for Citizens Forum. to Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, ty-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. >o present: Jason Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson, y Attorney; and Shandi Wicks, City Clerk. .WARDS AND PROCLAMATIONS (3.1) Presentation of the AAA Community Traffic Safety Award to the Salina Police Department by Jim Hanni with AAA Allied Group. Mr. Hanni provided information on the award and presented the award to Chief Nelson and Sgt. Rupert. Mayor Blanchard thanked the police department for their work and congratulated them on the award. FORUM None. HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. ENT AGENDA (6.1) Approve the minutes of February 1, 2015. (6.2) Authorize Amendment No. 3 to the Loan 'Agreement between the Kansas Department of Health and Environment, acting on behalf of the State of Kansas, and Salina, Kansas for the purpose of financing improvements to the City's water distribution system. (6.3) Award contract for the 2016 Asphalt Mill & Inlay, Project No. 63095, to APAC- Kansas, in the amount of $963,024.09, plus a 5% construction contingency of $48,151.20. (6.4) Award contract for the 2016 ADA Ramps, Project .No. 63089, to Lancaster Construction, Inc. in the amount of $44,910.96 with a 5% construction contingency of $2,245.55. Commissioner Hardy requested Item 6.3 be removed from the consent agenda. Moved by Commissioner Crawford, seconded by Commissioner Davis, to approve the consent agenda items 6.1, 6.2, and 6.4. Aye: (5). Nay: (0). Motion carried. Page 1 (6.3) Award contract for the 2016 Asphalt Mill & Inlay, Project No. 63095, to APAC- Kansas, in the amount of $963,024.09, plus a 5% construction contingency of $48,151.20. Commissioner Hardy stated the bid was over the budget amount and asked if the job would need to go out to bid again. Dan Stack, City Engineer, stated the chances of obtaining additional bids were small if the project was to be rebid and APAC-Kansas was typically the sole bidder in Salina. Jason Gage, City Manager, stated the material was a hot 0 mix asphalt which limited the distance to transport the material. Mayor Blanchard asked if the locations could be grouped together to include all the streets U in a section of town versus various locations all over town. Mr. Stack stated staff could look at grouping the locations together for future years. 16-0046 Moved by Commissioner Hardy, seconded by Commissioner Davis, to award the contract for the 2016 Asphalt Mill & Inlay, Project No. 63095, to APAC-Kansas, in the amount of $963,024.09, plus a 5% construction contingency of $48,151.20. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.2) Resolution No. 16-7318 amending the City of Salina's Shared Vision Statement and Strategic Plan for 2016. Jason Gage, City Manager, explained the amendments of the shared vision statement and strategic plan for 2016. 16-0047 Moved by Commissioner Davis, seconded by Commissioner Hardy, to adopt Resolution No. 16- 7318 amending the City of Salina's Shared Vision Statement and Strategic Plan for 2016 as presented. Aye: (5). Nay: (0). Motion carried. (7.1) Second reading Charter Ordinance No. 39 a charter ordinance exempting the City of Salina, Kansas from the provisions of K.S.A. 13-1024a and providing substitute and additional provisions on the same subject relating to general improvements and the issuance of bonds for the purpose of paying for said improvements; and repealing Charter Ordinance Number 38. Mayor Blanchard noted that Charter Ordinance No. 39 was passed on first reading on February 1, 2016. ason' Gage, City Manager, explained the project budget, the design of the field house and the )rivate and public partnership. Gage requested an executive session for attorney-client privilege for 20 minutes. 16-0048 Moved by Commissioner Ryan, seconded by Commissioner Hardy, to recess into executive session for 20 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 4:46 p.m. The City Commission recessed into executive session at 4:26 p.m. and reconvened at 4:46 p.m. No action was taken. Randall Holm, 848 Custer, asked if the public share of the project would remain a 50% Page 2 1 partnership and what the need was to increase the bond indebtedness. Mr. Gage stated the 50/50 share was presumed when the partnership was formed and stated staff was trying to find additional revenue options to help fund the project. He stated the bond indebtedness N would be for only the project cost. Z Commissioner Hardy asked about the process to change the amount during a second W reading. Mr. Gage stated the second reading was an independent reading. Greg Bengtson, N City Attorney, stated there was a statutory requirement to hold a second reading and noted if the amount was to be increased, the requirement of an additional reading would need to y take place but if the amount would remain within the amount listed or lower, the second reading would only need to take place today. Commissioner Davis stated he was in favor of getting the field house constructed but if he did not see any new information, he would not see the need to approve the ordinance on second reading. He stated he would like to see a named private group with an agreement on paper for the partnership along with a plan for the project. He continued to state his concerns regarding the 50/50 partnership and project design and hoped the public art component was included in the design of the project. He also stated citizens concerns regarding the lack of information relayed to the public. Mr. Gage stated the action today does not approve the project but allows for approval of the bonding. He continued to say the design of the project was in the rough estimate stages and the final cost of the project was not determined. The project would not be brought to the commission until the project was acceptable by all parties involved. Mr. Gage stated the construction of the project was targeted to start by May 2016 and stated the option to wait to find out the complete project total and move forward at that point. He stated staff was trying to avoid encumbering the general fund by allowing the charter ordinance to cover the gap. Mayor Blanchard asked for the date for the guaranteed maximum price. Michael Schrage, Deputy City Manager, stated April 2016. Commissioner Davis asked when the final design would be complete. Mr. Gage stated March, 2016 and the project was a construction manager at risk process and there was another option to have a competitive bid package. Commissioner Davis asked how much work needed to be done in 2 weeks to announce the partnership and the final design plan. Mr. Gage stated staff could come back in a couple weeks with an agreement for the partnership but the final design plan would not be complete at that time. Mayor Blanchard asked how the gap was determined. Mr. Gage stated the STAR Bond District, TIF District and possibly the New Market Tax Credits would allow for flexibility in the project and would be a neutral to cover the costs over the current project budget. Mr. Schrage stated staff would meet with the other party on Tuesday and the board would review the application in 2 weeks. Commissioner Ryan asked if the amount of the Charter Ordinance was reduced would that have an effect on the results of the new market tax credits. Mr. Schrage stated our ability to commence construction soon would be a positive for them. Commissioner Crawford stated she was in support of the project but felt if the amount of the charter ordinance was less she would feel a little better about it. Page 3 Mr. Gage stated staff could communicate with the designer if the commission had a consensus on the facade package and the mezzanine design. Mayor Blanchard stated the concerns were maybe best discussed in a study session setting. Commissioner Davis asked if there was a waiting period to bring a new and separate W charter ordinance back to the commission. Mr. Gage stated the best option would be to postpone second reading of the charter ordinance. Mr. Bengtson also noted there were no preclusions to bringing a new and separate charter ordinance to the commission on both D 0 first and second reading. Commissioner Hardy provided information on the cost of new field houses located in other communities. Mayor Blanchard asked if staff could review the bids obtained by Mr. Richardson. Mr. Gage stated staff could obtain additional information on the design and construction estimations and the high cost and bring that information back to the commission. Commissioner Crawford asked if another charter ordinance could be brought back at the same time with a lower cost. Mr. Gage stated he could not provide a new cost in a week unless the decision of the facade and mezzanine could be eliminated. Commissioner Davis asked if a week would allow time for staff to develop the options for the partnership. Mr. Gage stated yes. Mayor Blanchard called for a 5 minute recess at 6:00 p.m. 16-0049 Moved by Commissioner Davis, seconded by Commissioner Hardy, to postpone consideration of second reading of Charter Ordinance No. 39 a charter ordinance exempting the City of Salina, Kansas from the provisions of K.S.A. 13-1024a and providing substitute and additional provisions on the same subject relating to general improvements and the issuance of bonds for the purpose of paying for said improvements; and repealing Charter Ordinance Number 38 to Tuesday, February 16, 2016 at 8:30 a.m., in the City/ County Building, Room 107. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS (9.1) Request for executive session (legal/ personnel). 16-0050 Moved by Commissioner Ryan, seconded by Commissioner Hardy, to recess into executive session for 20 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 for the purpose of discussing matters pertaining to non -elected lCity personnel for the reason that public discussion of the matter would violate the privacy rights of the non -elected personnel involved and reconvene at 6:30 p.m. The City Commission recessed into executive session at 6:10 p.m. and reconvened at 6:30 p.m. No action was taken. 16-0051 Moved by Commissioner Ryan, seconded by Commissioner Davis, to extend the current executive session for an additional 40 minutes. Aye: (5). Nay: (0). Motion carried. Page 4 116-0052 N C 0 U 16-0054 The City Commission recessed into executive session at 6:30 p.m. and reconvened at 7:10 p.m. No action was taken. by Commissioner Ryan, seconded by Commissioner Davis, to extend the current executive for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:10 p.m. and reconvened at 7:20 p.m. No action was taken. by Commissioner Ryan, seconded by Commissioner Davis, to extend the current executive for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:20 p.m. and reconvened at 7:30 p.m. No action was taken.- 16-0054 aken: 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 7:30 p.m. [SEAL] Jon RRlancihard, Mayor ATTnnESIIIIT: Ir•` uai 0 Shandi Wicks, CMC, City Clerk Page 5