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05-02-2016 Minutes16-0171 OF SALINA, KANSAS JLAR MEETING OF THE BOARD OF COMMISSIONERS y 2, 2016 ) P.M. City Commission convened at 2:30 for Kansas DWR Flood Insurance Presentation and at 3:45 .m. for Citizens Forum. 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 present and comprising a quorum: Mayor Kaye J. Crawford (presiding), Commissioners Jon lard, Trent Davis, and Randall Hardy. present: Jason Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson, Attorney; and Shandi Wicks, City Clerk. bsent: Karl Ryan (AWARDS AND PROCLAMATIONS (3.1) The month of May 2016 as "National Bike Month" and "Bicycle Safety Month," the week of May 16 through 20, 2016 as "Bike to Work Week' and May 20, 2016 as "Bike to Work Day" in the city of Salina. Sheryl Brown read the proclamation and announced events associated with the proclamation. CITIZENS FORUM Evelyn Maxwell, 414 East Wayne Avenue, provided information on participation of citizens in decisions and how citizens can participate and be involved in local government. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. (CONSENT AGENDA (6.1) Approve the minutes of April 25, 2016. (6.2) Authorize the purchase of a wastewater pump for Wastewater Collection from JCI Industries in the amount of $41,680. Moved by Commissioner Davis, seconded by Commissioner Hardy, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. 1 ADMINISTRATION (7.1) Second reading Ordinance No. 16-10830 amending and renumbering Salina Code Section 2-21 and adopting new Sections 2-21 through 2-33 and Sections 2-37 through 2-39 pertaining to the commission -manager form of government and related future elections of the City of Salina, Kansas; and repealing Ordinance No. 2397 and the existing Salina Code Sections 2-21, 2-106 through 2-108 (Division 2, Chapter 2), and 2-121 (Division 3, Chapter 2). Mayor Crawford noted that Ordinance No. 16-10830 was passed on first reading on April Page 1 25, 2016 and since that time no comments have been received. 16-0172 Moved by Commissioner Davis,_ seconded by Commissioner Blanchard, to adopt Ordinance No. 16-10830 amending and renumbering Salina Code Section 2-21 and adopting new Sections 2-21 through 2-33 and Sections 2-37 through 2-39 pertaining to the commission -manager form of Z government and related future elections of the City of Salina, Kansas; and repealing Ordinance No. W 2397 and the existing Salina Code Sections 2-21, 2-106 through 2-108 (Division 2, Chapter 2), and 2- C U) 121 (Division 3, Chapter 2) on second reading. A roll call vote was taken. Aye: (4) Blanchard, Davis, Hardy, Crawford. Nay: (0). Motion carried. D_ O N (7.2) Second reading Ordinance No. 16-10831 amending Section 42-59(8)c of the Temporary Use regulations in the Salina Zoning Ordinance, to expand the areas within the community where farmers markets may locate and operate to include churches located in any zoning district. Mayor Crawford noted that Ordinance No. 16-10831 was passed on first reading on April 25, 2016 and since that time no comments have been received. 16-0173 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to adopt Ordinance No. 16-10831 amending Section 42-59(8)c of the Temporary Use regulations in the Salina Zoning Ordinance, to expand the areas within the community where farmers markets may locate and operate to include churches located in any zoning district on second reading. A roll call vote was taken. Aye: (4) Blanchard, Davis, Hardy, Crawford. Nay: (0). Motion carried. (7.3) Second reading Ordinance No. 16-10833 amending the conditions of approval applicable to a PDD/U (Planned Development District) and approval of an amended development plan to allow an expansion of the Graves Family Sports Complex facilities that includes the closure and elimination of the east side of South Fourth Street. Mayor Crawford noted that Ordinance No. 16-10833 was passed on first reading on April 25, 2016 and since that time no comments have been received. 16-0174 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to adopt Ordinance No. 16-10833 amending the conditions of approval applicable to a PDD/U (Planned Development District) and approval of an amended development plan to allow an expansion of the Graves Family Sports Complex facilities that includes the closure and elimination of the east side of South Fourth Street on second reading. Evelyn Maxwell, 414 East Wayne Avenue, stated from information received at the Planning Commission meeting, both sides of Fourth Street from Cloud to Claflin must be closed. She continued to provide her thoughts on the closure, lack of lighting in the area and fire access to locations surrounding the closure area. Mayor Crawford asked if staff would be willing to work with Ms. Maxwell. Ms. Maxwell continued talking regarding fires in the area. Commissioner Davis stated that at the last meeting it was noted that the Fire Department had provided information on the response times in the area and provided information in response to Ms. Maxwell's concerns. Mayor Crawford called the question. A roll call vote was taken. Aye: (4) Blanchard, Davis, Hardy, Crawford. Nay: (0). Motion carried. Page 2 P, f 16-0175 16-0177 (7.4) Second reading Ordinance No. 16-10832 requesting closure and vacation of the west side of South Fourth Street between Claflin Avenue and Cloud Street. Mayor Crawford noted that Ordinance No. 16-10832 was passed on first reading on April 25, 2016 and since that time no comments have been received. Evelyn Maxwell, 414 East Wayne Avenue, stated UPRR was surprised the application was not filed by an engineer and they had not seen a contract. Michael Schrage, Deputy City Manager, stated he had received a copy of the contract and had been in contact with UPRR and they were aware of the project and were ready to enter into the agreement with UPRR. Commissioner Davis stated it was important to diligently monitor the closure and expedite any procedures that have to occur. Moved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Ordinance No. 16- 10832 requesting closure and vacation of the west side of South Fourth Street between Claflin Avenue and Cloud Street on second reading. A roll call vote was taken. Aye: (4) Blanchard, Davis, Hardy, Crawford. Nay: (0). Motion carried. (7.5) Resolution No. 16-7345 setting the date for public hearings to consider whether certain structures shall be condemned and ordered demolished or repaired. Jim Brown, Building Official, explained the dangerous structures procedure and the locations of each of the structures. Moved by Commissioner Davis, seconded by Commissioner Blanchard, to adopt Resolution No. 16-7345 setting June 13, 2016 as the public hearing date to consider whether certain structures shall be condemned and ordered demolished or repaired. Aye: (4). Nay: (0). Motion carried. (7.6) Resolution No.16-7346 authorizing the Mayor to execute a supplemental agreement with Union Pacific Railroad to amend the current railroad right-of-way lease agreement between the City of Salina and Union Pacific Railroad by attaching substitute exhibits depicting the area to be leased by the City of Salina. Michael Schrage, Deputy City Manager, explained the agreement. Commissioner Davis asked if there were utilities within the area. Mr. Schrage stated the utilities would remain in the maintained easements. Moved by Commissioner Davis, seconded by Commissioner Hardy, to adopt Resolution No. 16- 7346 authorizing the Mayor to execute a supplemental agreement with Union Pacific Railroad to amend the current railroad right-of-way lease agreement between the City of Salina and Union Pacific Railroad by attaching substitute exhibits depicting the area to be leased by the City of Salina. Aye: (4). Nay: (0). Motion carried. (DEVELOPMENT BUSINESS (8.1) 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. (Continued from the April 18, 2016 meeting in order to allow staff to prepare a plan that addresses the concerns expressed by other property owners whose property abuts this alley). Dean Andrew, Director of Planning, explained the request, past City Commission action and staff's recommended plan. Page 3 Commissioner Davis asked for the location of the bollard at the south end and if there was a law regarding backing out of an alley. Mr. Andrew stated the bollard would be between the property line of the Stromberg's and 104 N. Santa Fe, LLC and he was not aware of a law but stated it was not an ideal situation. The police officer at the meeting stated there was not a law prohibiting the backing out of an alley. Commissioner Davis asked if there would be a need to ask 104 N. Santa Fe, LLC to share in the cost of purchasing and installing the bollard. Mr. Andrew stated the City originally purchased the bollards that were currently installed in the alleys. Commissioner Hardy asked if there was currently a bollard at the north end. Mr. Andrew stated there were two (2) bollards at the north end of the alley. Commissioner Blanchard asked what the proposed plan was on the table. Mr. Andrew explained the plan. A conversation ensued between the Commission, Mr. Andrew and Jason Gage, City Manager, regarding the plan, the possible installation of additional bollards and future downtown alley usage. Commissioner Blanchard asked if the property owner was granted direct access to the private parking stalls and the alley was later closed to vehicular traffic, would that impede in the decision made. Greg Bengtson, City Attorney, stated he would need to look at the question further to determine an answer. Mayor Crawford asked why the request for the step was made. Mr. Andrew stated the owner was trying to install a code compliant step and handrail into the alley. He stated the existing door swings inward which is nonconforming, the existing steps were nonconforming to height and landing width. A conversation ensued between the Commission, Mr. Andrew and Mr. Gage regarding the long term parking and the plan. Mayor Crawford asked if there could be future study sessions on the alleys downtown. Mr. Gage stated yes. Commissioner Hardy stated he liked the step installed at the Blue Skye Brewery because it did not go into the brick area. He asked if this step would go into the brick area. Nathan Mattison, representing 104 N. Santa Fe, LLC., provided his thoughts on the applicants thoughts on the installation of the bollards. Ken Stromberg, 2732 E. Shipton Road, stated the plan staff had come up with was a workable solution. Mr. Bengtson asked if with the installation of the two (2) bollards there would not be access to the two (2) parking stalls unless the curb cut would be performed. Mr. Andrew stated part of the request was to modify the curb radius. After staff reviewed the request and spoke with trash haulers, it was determined it would be best to widen the entry to the alley and remove one (1) stall to allow access to the two (2) parking stalls. Mr. Bengtson stated that the city could regulate the vehicular access in the alleyway and would be concerned with moving forward with the plan if the Commission wanted to remove vehicular traffic in the alleyway. Mr. Gage asked if the physical removal of the curb would be the same in the future Page 4 i G pertaining to vehicular access. Mr. Bengtson stated there were some legal issues pertaining to the reserving of spaces in the parking lot. A conversation continued to ensue between the Commission, Mr. Andrew, Mr. Gage and Mr. Bengtson regarding the closure of the alley and access to the private parking stalls. 16-078 Moved by Commissioner Davis, seconded by Commissioner Hardy, to recess into executive W session for 10 minutes to discuss with legal counsel matters subject to the attorney-client privilege 19 for the reason that public discussion of those matters would waive the privilege and adversely D affect the City's interest in the matters and reconvene at 6:00 p.m. The City Commission recessed into executive session at 5:50 p.m. and reconvened at 6:00 p.m. No action was taken. Dagney Stromberg, 2732 E. Shipton, asked that the striping in the parking lot be fixed first, then the step installed. Mayor Crawford asked if this was two (2) separate issues. Mr. Bengtson stated if the commission felt it was two (2) separate issues, the two (2) issues could be addressed separately but if the commission felt the issues were tied together, additional discussion may need to occur. A conversation ensued between the Commission regarding the plan. Commissioner Hardy stated he would like for the step to be 20 inches instead of 23 inches. Gary Hobbie, Director of Development Services, provided information pertaining to the building codes on the size of the step. Mr. Gage stated the best would be to ask staff to keep the step as close as possible. 16-0179 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to adopt Resolution No. 16-7319 approving a license agreement with the property owner (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 and placing a bollard in the alley concrete 28 ft. north of the Iron Avenue sidewalk and a second bollard 63 ft. north of the Iron Avenue sidewalk to protect pedestrians at the north end and to prevent vehicles from driving southbound in the alley toward Iron Avenue. Aye: (4). Nay: (0). Motion carried. Commissioner Blanchard asked what the next step was to change the parking lot and existing vehicular access the tenants at 120 N. Santa Fe use. Mr. Gage stated staff could work with the property owner and bring the item back at a later meeting. OTHER BUSINESS (9.1) Request for executive session (legal). 16-0180 Moved by Commissioner Davis, seconded by Commissioner Blanchard, to recess into executive session for 60 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 7:15 p.m. The City Commission recessed into executive session at 6:15 p.m. and reconvened at 7:15 p.m. No action was taken. Page 5 Z 16-01N2 16-0183 F� Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to extend the current executive session for an additional 35 minutes. Aye: (4). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:15 p.m. and reconvened at 7:50 p.m. No action was taken. Moved by Commissioner Hardy, seconded by Commissioner Crawford, to extend the current executive session for an additional 15 minutes. Aye: (4). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:50 p.m. and reconvened at 8:05 p.m. No action was taken. ADJOURNMENT Moved by Commissioner Hardy, seconded by Commissioner Blanchard, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 8:05 p.m. /--I [SEAL] ATTEST: UV Shan i Wicks, CMC, City Clerk ye Page 6