Loading...
12-19-2016 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 19,2016 4:00 p.m. The Study Session of the Board of Commissioners was called to order at 2:30 p.m. in Room 107B, City-County Building. Roll call was taken in anticipation of an executive session to be held during study session. = Those present and comprising a quorum: Vice-Mayor Karl Ryan (presiding), Commissioners Jon Blanchard, Trent Davis, and Randall Hardy. Also present: Jason Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Aaron Martin,Clark, Mize & Linville. 16-0481 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to recess into executive session for 30 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 3:10 p.m. Aye: (4). Nay: (0). Motion carried. Mayor Kaye J. Crawford arrived at 2:49 p.m. The City Commission recessed into executive session at 2:40 p.m. and reconvened at 3:10 p.m. No action was taken. The City Commission convened at 3:15 p.m. for Lower Smoky Hill Water Supply Access District Board Meeting 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 Kaye J. Crawford (presiding),Commissioners Jon Blanchard,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 Crawford to recognize outgoing Fire Battalion Chief Calvin Kelsey. Mayor Crawford provided a brief history of Chief Kelsey's employment tenure and thanked him for his service. Mr. Kelsey expressed his appreciation for the City Manager trusting him as an interim fire chief. (3.2) Mayor Crawford to recognize outgoing Police Captain Chris Trocheck. Mayor Crawford thanked Mr. Trocheck for his years of service. Mr. Trocheck thanked the city of Salina for allowing him to serve the citizens of Salina. (3.3) Presentation of Certificate of Commendation to Planet Fitness from the Salina Fire Department. Pan 1 Chief Royse provided information on Planet Fitness, the emergency incident and presented a Certificate of Commendation to Planet Fitness for the actions of their employees during a medical emergency at their facility a couple months ago. Will Jones, Planet Fitness General Manager, expressed appreciation for the award and stated Planet Fitness in Salina, Kansas would continue to operate with well trained employees aware of their environment. CITIZENS FORUM Don Marrs, DMA Architects, provided information on Ordinance No. 16-10847 with an effective date of January 1, 2017 and asked what the effective date meant. He stated his company was hired as the architect for the KU School of Medicine, and explained the effective date of the ordinance could mean the project would fall under a different set of building codes. He continued to state that he had met with the city manager regarding the situation and thought it could be handled administratively. Michael Schrage, Deputy City Manager, stated upon approval of the building codes, staff had anticipated working with applicants beginning January 1, 2017 on the submittal of permits. A conversation ensued between Mr. Marrs, Mr. Schrage and the Commission regarding the implementation of the building codes. Jason Gage, City Manager, explained the Development Review Team was a review process but was not an approval process, he continued to explain the effective date could be controlled by passage of a new ordinance. A conversation ensued between Mr. Marrs, Mr. Gage and the Commission pertaining to the effective date of the building codes conflicting with currently open building permits and newly filed permits. Commissioner Blanchard asked how long the discussions had been going on for the new building codes. Gary Hobbie, Director of Community & Development Services, explained the discussions had begun approximately two (2) years ago. Commissioner Blanchard asked if there were other projects that fell in this category. A conversation ensued between Mr. Gage, Mr. Schrage, Mr. Marrs and the Commission regarding the options available. Jim Brown, Building Official, explained how multi-phase projects were handled in relation to the building codes. Mayor Crawford stated staff could work with Mr. Marrs regarding the implementation of the building codes. Commissioner Ryan asked if a special meeting would have to take place to make the change. Mr. Gage stated since the building code was approved via ordinance, the item would have to be approved by the City Commission. A conversation ensued between the Commission, Mr. Gage and Mr. Marrs on the implementation date. Mr. Gage asked if the Commission would like to discuss the item now or under other business. Commissioner Ryan stated he thought the item would need to come back to the Commission. Commissioner Davis stated as long as there was awareness given to all others Page 2 who may have projects. The commission reached a consensus to bring the item back to the City Commission at a special meeting. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME En (5.1) Public hearing on the 2016 budget amendment. E a Michelle Meyer, Director of Finance, explained the amendments. aMayor Crawford opened the public hearing. 1 There being no further comments the public hearing was closed. 16-0482 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to approve the amended 2016 budget. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of December 12, 2016. (6.2) Authorize replacement of two (2) Make-Up Air Units at the Water Treatment Plant, Project No. 63141, in the amount of $20,105 and the Wastewater Treatment Plant (WWTP), Project No. 63139, in the amount of $26,170 to Comfort Heating & Air LLC,Salina, Kansas. (6.3) Authorize the replacement of two (2) roofs at the Wastewater Treatment Plant (WWTP); Gravity Belt Thickener Building No. 12 and Raw Sludge Pump Building No. 2, Project No. 63140, to Wray Roofing, Inc. of North Newton, Kansas, in the amount of $25,948 (Authorized Amount with 10% Construction Contingency, $28,550). (6.4) Award contract for the Sanitary Sewer System Rehabilitation, Project No. 63107 to Utility Solutions, LLC, in the amount of $865,451.64 (Authorized Amount with 10% Construction Contingency,$952,000). (6.5) Adopt Resolution No. 16-7424 authorizing the Mayor to enter into an interlocal cooperation agreement with Saline County, for Power8 (AS/400) computer usage and service, from January 1, 2017 through December 31, 2018. (6.6) Adopt Resolution No. 16-7422 authorizing the City Manager to execute an addendum to the Tria Health agreement with Tria Health for medication therapy management services for two (2) years. (6.7) Adopt Resolution No. 16-7426 approving the Tyler Technology/New World (SSMA) Software Support Maintenance Agreement. (6.8) Adopt Resolution No. 16-7425 concluding the 2016 evaluation of City Manager's performance and periodic review of City Manager's base salary. Commissioner Blanchard wanted to recognize Natalie Fischer, Director of Human Resources, and staff on their hard work on the medication therapy management services. I16-0483 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION Page 3 (7.1) Second reading Ordinance No. 16-10871 adopting Salina Code Section 20-20 pertaining to criminal history record information. Mayor Crawford noted that Ordinance No. 16-10871 was passed on first reading on December 12, 2016 and since that time no comments have been received. 16-042 4 Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to adopt Ordinance No. 16-10871 on second reading. A roll call vote was taken. Aye: (5) Blanchard, Davis, Hardy, Ryan, $ Crawford. Nay: (0). Motion carried. (7.2) Resolution No. 16-7423 expressing support for a proposed Senior Housing Project using Low Income Housing Tax Credit program as offered by the Kansas Housing Resources Corporation for the structures located at 139 Penn Avenue in Salina, Kansas. Gary Hobbie, Director of Development Services, explained the proposed project, Low Income Housing Tax Credit program and action options. Commissioner Blanchard asked for clarification on the architectural aesthetics of the buildings. Mr. Hobbie stated the building was constructed in phases and portions of the building would be demolished but keeping the old historic building. Mayor Crawford stated she was happy to see this project. 16-0485 Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Resolution No. 16- 7423 expressing support for a proposed Senior Housing Project using Low Income Housing Tax Credit program as offered by the Kansas Housing Resources Corporation for the structures located at 139 Penn Avenue in Salina, Kansas. Aye: (5). Nay: (0). Motion carried. (7.3) Resolution No. 16-7421 amending the 2017 Comprehensive Fee Schedule for the City of Salina, Kansas to include 2017 water and wastewater rates and Business Improvement District Fees. Michelle Meyer, Director of Finance, explained the rates. Commissioner Blanchard asked what the net effect was in the water meters. Jason Gage, City Manager, stated staff did expect more accurate readings but there could be an impact with the water conservation and excess water usage. Martha Tasker, Director of Utilities, explained there was improvement in the accuracy but also stated there was information coming from Siemens for staff to put into a report to provide to the Commission at a future study session. Commissioner Hardy asked how long the meters would last. Ms. Tasker stated approximately twenty (20) years. 16-0486 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to adopt Resolution No. 16-7421 amending the 2017 Comprehensive Fee Schedule for the City of Salina, Kansas to include 2017 water and wastewater rates and Business Improvement District Fees. Aye: (5). Nay: (0). Motion carried. (7.4) Approval of Petition No. 4385; Resolution No. 16-7394 providing for the advisability and authorization and Improvement District Development Agreement between the City of Salina and Cornerstone Development Group, LLC for a special improvement Page 4 district for water, sanitary sewer, street, and drainage improvements in Grand Prairie Addition, Phase II. Dan Stack, City Engineer, explained the petition received; advisability and authorization; agreement and action options. W Commissioner Blanchard asked if the soil test and geotechnical report was part of this item. Mr. Stack stated yes, the contractor would be asked to perform a soil test as part of the y projet. 16-04117 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve Petition No. 4385; 8 adopt Resolution No. 16-7394 providing for the advisability and authorization and Improvement District Development Agreement between the City of Salina and Cornerstone Development Group, LLC for a special improvement district for water, sanitary sewer, street, and drainage improvements in Grand Prairie Addition, Phase II. Aye: (4). Nay: (1) Blanchard. Motion carried. (7.5) Response to District Court Ruling in Board of County Commissioners of Saline County, Kansas v. City of Salina, Saline County District Court Case No. 2014-CV- 0391 (annexation case). Greg Bengtson,City Attorney, explained the ruling and action options. Commissioner Blanchard asked what a motion to appeal would provide the opportunity for. Mr. Bengtson stated the appeal would enable the court to address the ordinance in question and if either party would like to express an alternative agreement or outcome that opportunity would exist. 16-0488 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to direct the City's legal counsel to appeal the ruling. Aye: (5). Nay: (0). Motion carried. (7.6) Selection of a person to fill the soon to be vacated City Commission Seat. Jason Gage, City Manager, explained the statutory limitations and the process for selection. Commissioner Hardy recused himself from the item. Mayor Crawford provided her thoughts on the selection of a new commissioner. Commissioner Ryan provided his thoughts regarding the partisan aspect and on the past election. Greg Bengtson,City Attorney, requested an executive session with the commission. 16-0489 Moved by Commissioner Blanchard, seconded by Commissioner Ryan, to recess into executive session for 5 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 5:15 p.m. Aye: (4). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:10 p.m. and reconvened at 5:15p.m. IMr. Bengtson stated no names of candidates were discussed in the executive session. Page 5 16-0490 Moved by Commissioner Ryan, seconded by Commissioner Crawford, to appoint Joe Hay Jr. to fill the remaining city commission term of Randall Hardy. Mayor Crawford provided her thoughts on Joe Hay Jr. and his recent running for City Commission. Commissioner Ryan provided his thoughts on Joe Hay Jr and the support from the community. Commissioner Blanchard thanked the fourteen (14) individuals that submitted their applications and provided his thoughts on the selection for the City Commission seat. Mayor Crawford stated all individuals who submitted an application were qualified and provided her thoughts. Aye: (2). Nay: (2) Blanchard, Davis. Motion failed. Commissioner Blanchard read the list of various characteristics and traits listed on the agenda item that were discussed during the study session and continued to provide his thoughts on the selection for the City Commission seat. Commissioner Davis provided his thoughts on the experience of the interested parties and the knowledge of an individual of city business. A conversation ensued between the commissioners regarding the individuals that submitted and the experience of the interested parties. 16-0491 Moved by Commissioner Davis, seconded by Commissioner Blanchard, to appoint Melissa Rose Hodges to fill the remaining city commission term of Randall Hardy. Aye: (3). Nay: (1) Ryan. Motion carried. Commissioner Ryan provided his thoughts on the selection and thanked all individuals for submitting applications. Commissioner Hardy returned. DEVELOPMENT BUSINESS None. OTHER BUSINESS Commissioner Hardy stated this was his last regularly scheduled commission meeting and provided his thoughts on his term as a City Commissioner. Commissioner Blanchard provided his thoughts on Commissioner Hardy's term and future success as Senator. Commissioner Davis provided his thoughts and thanked Commissioner Hardy for his help when he first came on as city commissioner. (9.1) Request for executive session (legal). 16-0492 Moved by Commissioner Davis, seconded by Commissioner Hardy, to recess into executive session for 30 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. Aye: (5). Nay: (0). Motion carried. Page 6 The City Commission recessed into executive session at 5:35 p.m. and reconvened at 6:10 p.m. No action was taken. 16-0493 Moved by Commissioner Ryan, seconded by Commissioner Hardy, to extend the current executive session for an additional 30 minutes. Aye: (5). Nay: (0). Motion carried. z The City Commission recessed into executive session at 6:10 p.m. and reconvened at 6:40 p.m. No action was taken. 16-0494 Moved by Commissioner Ryan, seconded by Commissioner Hardy, to extend the current executive session for an additional 130 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:40 p.m. and reconvened at 8:50 p.m. No action was taken. ADJOURNMENT 16-0495 Moved by Commissioner Hardy, seconded by Commissioner Ryan, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 8:50 p.m. 0, 7 [SEAL] era ., a o ATTEST: ` \ IdOCO a Shandi Wicks,CMC, City Clerk 1 Page 7