02-22-2016 Minutesp'!
16-0061
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
February 22, 2016
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) The week of February 21 through February 27, 2016 as "Engineers Week" in the city
of Salina. Dan Stack, President of the Smoky Valley Chapter of KSPE, read the
proclamation and announced events associated with the proclamation.
I CITIZENS FORUM
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing and report on Petition No. 4378 (filed by Steve Hardesty on behalf of
the City of Salina), requesting the vacation of a 10 foot wide north -south public
utility easement that abuts Lots 89, 91, 93, 95, 97 and 99 on Fifth Street and Lots 90,
92, 94, 96, 98 and 100 on Fourth Street all in the Original Town (now City) of Salina,
Saline County, Kansas and a 10 foot wide north -south public alley that is located
between Fifth Street and Fourth Street and between Ash Street and East Iron
Avenue in the Original Town (now City) of Salina, Saline County, Kansas less the
South 475 feet thereof to allow construction of the downtown field house project in
that location.
(5.1a) First reading Ordinance No. 16-10820.
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 if there was a reason why the easement was not vacated before
now. Mr. Andrew stated with unified ownership by the City of Salina, it allowed for the
vacation.
There being no further comments the public hearing was closed.
Moved by Commissioner Hardy, seconded by Commissioner Ryan, to pass Ordinance No. 16-
10820 on first reading. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA,
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(6.1) Approve the minutes of February 8, 2016.
(6.2) Approve the minutes of February 16, 2016.
(6.3) Approve Resolution No. 16-7320 appointing members to various boards and
commissions.
(6.4) Authorize the Mayor to approve Change Order No. 2 for Laboratory Support -
Chemical Testing of Vapor to Environmental Science Corporation in the amount of
$1,434 (Revised Agreement Amount $36,427).
(6.5) Approve Resolution No. 16-7323 to amend the Public Safety Pay Plan to include the
2016 cost of living adjustment.
Moved by Commissioner Davis, seconded by Commissioner Crawford, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
Mayor Blanchard asked to move Item No. 7.6 to the end of the meeting.
(7.1) Award of contract for Centennial Road Improvements, Jumper Road to the South
City Limits, Project No. 14-3055.
Dan Stack, City Engineer, explained the project, bids received and recommended action.
Commissioner Hardy asked who provides the inspection for the project. Mr. Stack stated
city staff.
Commissioner Davis asked if traffic would be detoured for the airport. Wayne Nelson,
Civil Engineer II, stated the phasing would allow access for Schwan s trucking at all times.
Moved by Commissioner Ryan, seconded by Commissioner Davis, to award the contract for
Centennial Road Improvements, Jumper Road to South City Limits, Project No. 14-3055 to Vogts-
Parga Construction, LLC. in the amount of $1,165,210.65 with a 5% construction contingency
($58,260.53). Aye: (5). Nay: (0). Motion carried.
(7.2) Resolution No. 16-7325 initiating proceedings by the Governing Body for street and
intersection improvements in the City of Salina, Kansas.
Rod Franz, Director of Finance, explained the authorization and fiscal impact.
Commissioner Davis asked for the difference in short term and long term funding for the
project. Mr. Franz stated in order to include the project within the projected funds; the
project would need to take the place of a yearly project.
A conversation ensued between the Commission, Mr. Franz and Jason Gage, City Manager,
regarding funding of projects.
Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Resolution No. 16-
7325 initiating proceedings by the Governing Body for street and intersection improvements in the
City of Salina, Kansas. Aye: (5). Nay: (0). Motion carried.
(7.3) Resolution No. 16-7322 amending the City of Salina's Personnel Manual.
Natalie Fischer, Director of Human Resources, explained the amendments.
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Commissioner Hardy asked if the language in section 18 paragraph A, pertaining to
possession and use of dangerous weapons by employees, would be in conflict with state
legislation. Ms. Fischer stated the language could be a conflict and the item could be
postponed for action or could be approved and amended in the future.
Mr. Gage provided an update on the legislative items.
A conversation ensued between the Commission, Mr. Gage and Ms. Fischer regarding the
legislative items pertaining to dangerous weapons.
Moved by Commissioner Davis, seconded by Commissioner Crawford, to adopt Resolution No.
16-7322 amending the City of Salina's Personnel Manual. Aye: (5). Nay: (0). Motion carried.
(7.4) Conclusion of the 2015 Evaluation of City Manager's Performance and Periodic
Review of City Manager's Base Salary.
Natalie Fischer, Director of Human Resources, explained evaluation process and salary
increase.
Jason Gage, City Manager, thanked the Commission and stated he was excited for what lies
ahead for the community and appreciated the City Commissions support.
Moved by Commissioner Hardy, seconded by Commissioner Davis, that the City Manager be
awarded a merit -based increase in base salary of 3%, retroactive to January 1, 2016, and that the
Human Resources Director take such actions as are necessary to implement the change.
Mayor Blanchard stated he appreciated the service and hard work of Mr. Gage on the creation of
the EDO; the supervision of staff during vacancies; and the projects at Fire Station No. 1 and the
Salina Bicentennial Center.
Aye: (5). Nay: (0). Motion carried.
(7.5) Resolution No. 16-7326 authorizing the redemption and payment of Hospital
Refunding and Improvement Revenue Bonds, Series 2006 and the sale and
conveyance of certain property to Salina Regional Health Center, Inc.
Greg Bengtson, City Attorney, explained the history of the bonds, current request and
action options.
Commissioner Hardy asked if the bond amount would be included in the total amount of
bonds paid by the City of Salina. Mr. Bengtson stated the bond amount was noted but
would not affect City's bond indebtedness.
!d by Commissioner Davis, seconded by Commissioner Ryan, to adopt Resolution No. 16 -
authorizing the redemption and payment of Hospital Refunding and Improvement Revenue
s, Series 2006 and the sale and conveyance of certain property to Salina Regional Health
�r, Inc. Aye: (5). Nay: (0). Motion carried.
(7.7) Resolution No. 16-7327 authorizing the Mayor to amend a real estate lease
with Charles Monroe Arnold III for property and buildings located at 156 N..
5th Street, Salina, Kansas.
Steve Hardesty, Interim Director of Parks & Recreation, explained the amendment.
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111-1111 Moved by Commissioner Ryan, seconded by Commissioner Crawford, to adopt Resolution No. 16-
7327 authorizing the Mayor to amend a real estate lease with Charles Monroe Arnold III for
property and buildings located at 156 N. 5th Street, Salina, Kansas. Aye: (5). Nay: (0). Motion
carried.
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DEVELOPMENT BUSINESS
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(8.1) Application No. Z16-1, (filed by Salina City Planning Commission), requesting
approval of Article IV, Division 14 of the Salina Zoning Ordinance by amending the
C-4 (Central Business) district regulations to add bowling alleys to the list of
permitted uses in Section 42-302 of the C-4 district regulations.
(8.1a) First reading Ordinance No. 16-10822.
Dean Andrew, Director of Planning, explained the request, Planning Commission
recommendation and action options.
Commissioner Hardy asked if the only downside to not approving this item would
be the ability to track the number of bowling alleys in the district. Mr. Andrew
stated yes.
16-0069 Moved by Commissioner Hardy, seconded by Commissioner Crawford, to pass Ordinance No. 16-
10822 on first reading approving Article IV, Division 14 of the Salina Zoning Ordinance by
amending the C-4 (Central Business) district regulations to add bowling alleys to the list of
permitted uses in Section 42-302 of the C-4 district regulations. Aye: (5). Nay: (0). Motion carried.
(8.2) Resolution No. 16-7319 approving a license agreement with 104 N. Santa Fe, LLC to
allow a private step and associated handrail in a public alleyway east of Santa Fe
Avenue between Iron Avenue and Ash Street.
Dean Andrew, Director of Planning, explained the request, affected public and franchise
utilities and agencies and action options.
Commissioner Davis asked if the entrance could be recessed into the building and if the
staircase would be lit at night. Roger Mattison, Managing Member of 104 N. Santa Fe, LLC,
stated the entrance was a service entrance for employees, the ability to recess the entrance
would be expensive and there currently were no plans to light the entrance.
Commissioner Hardy asked if the stairway could be set for 20 inches. Mr. Mattison stated
the manufacturer could build the stairway to 20 inches with the railing inset.
Commissioner Crawford stated she thought the entrance to the alley should be closed.
Mayor Blanchard asked if there was a way to provide notice to the citizens prior to closing
the alley entrance. Jason Gage, City Manager, stated there was a process staff would go
through to provide notice prior to closing the entrance.
Commissioner Davis asked if other tenants in the area had been notified of the possible
closure. Mr. Andrew stated it would be beneficial for staff to supervise the installation of
the step and associated handrail and evaluate the need to close the alley entrance.
A conversation ensued between the Commission, Mr. Andrew and Mr. Gage regarding the
installation of the private step and associated handrail and the possible closure of the alley
entrance.
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Mr. Gage asked if both ends of the alley were open. Mr. Andrew stated the entrance on the
north end was closed by bollards and the entrance on the south end was the only side open.
Commissioner Davis asked how long the process would take to close the entrance. Mr.
Andrew stated the typical notice would be twenty (20) days prior to the public hearing
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date.
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Mr. Andrew asked if there was a superior public use and the license agreement would need
to be terminated, how would that be handled. Mr. Bengtson stated the current license
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agreement would need to be modified regarding the notification period.
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A conversation ensued between the Commission and Mr. Andrew regarding the closure of
the entrance.
Mr. Mattison stated the time frame had not been set but the stair could easily be removed.
Commissioner Davis asked if closing the alley would affect this location. Mr. Mattison
stated the closure would not affect his location.
Judy Larson, 2801 Ray Avenue, provided her thoughts on the closure of the alley entrance.
Mr. Bengtson asked if the public hearing would be done with the Planning Commission.
Mr. Andrew stated the public hearing would occur upon a twenty (20) day notice period,
then the item would be brought to the City Commission for review after the Planning
Commission review.
16-0070 Moved by Commissioner Davis, seconded by Commissioner Hardy, to postpone adoption of
Resolution No. 16-7319 approving a license agreement with 104 N. Santa Fe, LLC to allow a private
step and associated handrail in a public alleyway east of Santa Fe Avenue between Iron Avenue
and Ash Street to the April 18, 2016 City Commission meeting and direct staff to make necessary
steps to review closure of the alley described in the resolution. Aye: (5). Nay: (0). Motion carried.
(8.3) Application No. Z15-13, (filed by the Salina City Planning Commission), requesting
the amendment of Section 42-410(d) in Article VII, Planned Development District, of
the Salina Zoning Ordinance to clarify the status of conditional uses in planned
commercial districts.
(8.3a) First reading Ordinance No. 16-10823.
Dean Andrew, Director of Planning, explained the request, Planning Commission
recommendation, and action options.
Jason Gage, City Manager, stated the approval of this item would make the process clear.
16-0071 Moved by Commissioner Hardy, seconded by Commissioner Ryan, to pass Ordinance No. 16-
10823 on first reading amending of Section 42-410(d) in Article VII, Planned Development District,
of the Salina Zoning Ordinance to clarify the status of conditional uses in planned commercial
districts. Aye: (5). Nay: (0). Motion carried.
(7.6) Resolution No. 16-7324 discontinuing the City of Salina's utilization of the
construction manager at risk delivery method for the downtown field house project
and, therefore, terminating the Construction Manager At Risk Agreement with
McCown Gordon Construction, L.L.C.
Steve Hardesty, Interim Director of Parks & Recreation, explained the current agreement,
CMAR process, fiscal impact and action options.
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Commissioner Davis asked how the termination of the agreement would affect the design
of the project. Mr. Hardesty stated the design would continue to move forward with the
use of FREW Development and SFS Architecture. Jason Gage, City Manager, provided
N additional information regarding the affect on the design of the project if the agreement
was terminated.
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N Construction for the pre -construction of the project. Mr. Gage stated if the Commission
would like to go with the design/bid/build approach that would need to be decided.
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Mr. Gage stated there would not be a big incentive for the construction manager at risk to
remain on the project if there was a decision to go with the design/bid/build approach.
Mayor Blanchard asked what the termination be based on. Mr. Gage stated there was
discretion in the agreement for terminating the agreement contractually.
Mayor Blanchard asked if staff had worked with McCown Gordon Construction over the
last week. Mr. Gage stated staff has worked with the owner's representative but not with
the construction manager at risk.
Commissioner Hardy provided his thoughts on the bid approach.
Mayor Blanchard asked who was hired first. Mr. Hardesty stated the owner's
representative was hired first followed by the architect then the construction manager at
risk.
A conversation ensued between the Commission and Mr. Gage regarding the guaranteed
maximum price for the project and the bid approaches.
Norman Mannel, 7532 W. Pleasant Hill Road, provided his thoughts regarding the bid
approach.
Bob Miller, 500 Country Club Road, provided information from the local contractors on the
proposed budget amount and the ability for local contractor participation in the
design/bid/build process.
Mayor Blanchard asked if the local sub -contractors would be utilized for the project if the
design/bid/build process was chosen and a local contractor would be awarded the project.
Mr. Miller stated the design/bid/build process was an easier process for local contractors
to have the ability to submit bids.
A conversation ensued between Mayor Blanchard and Mr. Miller regarding the bid
approaches and the guaranteed maximum price.
Todd Knight, McCown Gordon Construction, stated the budget provided for the 3 x 3
option was a quick calculation from the original 4 x 2 option, explained the bid opening
process, the construction manager at risk process and stated they valued the relationship
with the City of Salina.
Mayor Blanchard asked who prepared the preliminary budget amount. Mr. Knight stated
the building construction costs were provided by the construction manager at risk
Commissioner Davis asked for information on the CMAR agreement fees and what could
be done to include local contractors in the project. Mr. Knight stated McCown Gordon
Construction would receive 2.75% of the total project amount and there was local interest in
the project.
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Mr. Gage provided information regarding fees for the construction manager at risk
contract.
Mayor Blanchard asked what the architect's comment would be regarding the ability to
build the facility at a lower cost. Mr. Gage stated he did not want to speculate but did not
Z think the designer would want to get in the middle of it.
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A conversation ensued between the Commission, Mr. Hardesty and Mr. Gage regarding
the design of the building.
16-002 Moved by Commissioner Crawford, seconded by Commissioner Ryan, to adopt Resolution No. 16-
7324 discontinuing the City of Salina's utilization of the construction manager at risk delivery
method for the downtown field house project and, therefore, terminating the Construction
Manager At Risk Agreement with McCown Gordon Construction, L.L.C. effective upon 7 days
written notice.
Mayor Blanchard asked when the contract would be terminated. Mr. Gage stated the
discontinuation would be effective upon 7 days written notice according to the contract.
Mayor Blanchard asked if there was a process to collectively discontinue the agreement in
order to not harm the reputation of McCown Gordon Construction. Mr. Bengtson stated the
change in the delivery method necessitates the need for the discontinuation of the
agreement.
A conversation ensued between the Commission and Mr. Gage regarding the
discontinuation of the agreement.
Mr. Knight stated that no one would ever want to be terminated and termination could be
misconstrued in the future. He continued to state if the company would remain on the
project, they would review the cost reductions to get the project on budget. He continued to
provide information on the cost reduction process.
Commissioner Davis provided his thoughts on the bid approach and termination of the
contract.
Mr. Gage stated information was provided tonight on the ability to build the facility within
the budget amount and the ultimate question would be if McCown Gordon Construction
could build the facility on the same budget amount.
Commissioner Davis asked Mr. Knight if his company would bid on the design/bid/build
process. Mr. Knight stated it would be very challenging for the company to submit a bid
but he was not sure if the company would be interested.
Mayor Blanchard asked if there was a pre -qualification process for this construction
manager at risk process and the number of proposals received. Mr. Gage stated there was a
pre -qualification process and was unable to answer how many proposals were received.
A conversation ensued between the Commission and Mr. Gage regarding the bid process
and use of local contractors.
Mr. Bengtson stated he drafted some language regarding the termination notice that could
be incorporated into the resolution.
16-0073 Moved by Commissioner Crawford, seconded by Commissioner Ryan, to amend the motion to
add language provided by legal counsel to Section 1 of Resolution No. 16-7324. Aye: (4). Nay: (1)
Davis. Motion carried.
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16-0075
Moved by Commissioner Crawford, seconded by Commissioner Ryan, to adopt Resolution No. 16-
7324 discontinuing the City of Salina's utilization of the construction manager at risk delivery
method for the downtown field house project and, therefore, terminating the Construction
Manager At Risk Agreement with McCown Gordon Construction, L.L.C. and add language
amended by legal counsel. Aye: (3). Nay: (2) Blanchard, Davis. Motion carried.
OTHER BUSINESS
(9.1) Request for executive session (legal).
The request for executive session was requested to be removed by staff.
Commissioner Hardy stated there was some confusion on the registering of the alarm
systems with the Police Department and provided his thoughts on the process. Jason Gage,
City Manager, stated the best approach would be to bring the item back to a future meeting
to discuss the notification approach used for notifying citizens of the registration process.
Commissioner Hardy stated he would be in favor of bringing the item back at a future
meeting.
A conversation ensued between the Commission and Mr. Gage regarding the notification
approach.
Mayor Blanchard invited fellow commissioners and the public to attend the Boys Scouts
event at Christ the King Lutheran Church on Monday, February 29, 2016.
ADJOURNMENT
Moved by Commissioner Hardy, 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 7:17 p.m.
[SEAL]
ATTEST:
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Shandi Wicks, CMC, City Clerk
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