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04-24-2017 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 24, 2017 4:00 p.m. The City Commission convened at 2:00 for Lower Smoky Hill Water Supply Access District Board Meeting, 3:00 p.m. for Salina Field House Qualified Active Low-Income Community Business, Inc. Board Meeting and at 3:45 p.m. for Citizens Forum. a 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, Melissa Rose Hodges, 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 April 28, 2017 as "Arbor Day" in the city of Salina. Dawson Counts and Umar Sandhu, Tree Advisory Board Youth Members, read the proclamation and announced associated events. CITIZENS FORUM None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of April 17, 2017. (6.2) Approve Resolution No. 17-7447 authorizing the city manager to permit the Muscular Dystrophy Association (MDA) to solicit within the City's rights-of-way utilizing off-duty Salina Firefighters. (6.3) Award contract for Minor Concrete Rehabilitation to T&R Dirt Construction of Salina in the amount of$58,912.97 with a 5% construction contingency ($2,945.65). (6.4) Approve Resolution No. 17-7450 authorizing the City Manager to renew the agreement for workers compensation third party administrator (TPA) services with CCMSI, Inc. with the current proposed rates. (6.5) Approve Resolution No. 17-7451 authorizing the City Manager to instruct binding of coverage for Excess Workers Compensation Insurance with Midwest Employers Casualty Company at $400,000 specific retention level in the amount of $80,424 per year for two years. Commissioner Blanchard requested that Item 6.3 be removed from the consent agenda. Page 1 Commissioner Blanchard recognized Natalie Fischer, Director of Human Resources, for her efforts on reducing costs for the workers compensation agreements at the same rates and for multiple years. 17-0131 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to approve the consent agenda less item 6.3. Aye: (5). Nay: (0). Motion carried. (6.3) Award contract for Minor Concrete Rehabilitation to T&R Dirt Construction of Salina in the amount of$58,912.97 with a 5% construction contingency ($2,945.65). 0 Commissioner Blanchard stated the low bid was significantly less than the rest of the bids 8 received and asked if there would be a way to be extra vigilant as the project was occurring to make sure the project was constructed as specified. Jim Kowach, Director of Public Works, stated the staff inspector would patch check the project and match receipts on the project, he continued to state staff would inspect the project prior to payment for the work. Jason Gage, City Manager, asked how staff would inspect the project before the concrete was poured. Mr. Kowach stated the inspector would inspect the framing of the project prior to pouring the concrete and throughout the project to insure the project met specifications. 17-0112 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to award contract for Minor Concrete Rehabilitation to T&R Dirt Construction of Salina in the amount of S58,912.97 with a 5% construction contingency ($2,945.65) . Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 17-10882 amending Article X. Signs in Chapter 42 of the Salina Code. Commissioner Davis provided his thoughts on signs within the residential areas, he continued to state the most signs he saw were garage sale signs and open house signs. He continued by asking if the signs would be considered commercial if they would be on someone else's property. Jason Gage, City Manager, stated if the sign was located on the property, it would be permitted but if the sign was on a corner of a block, the sign would be considered off-site and would not be allowed. Commissioner Davis asked if there was a way to allow the garage sale or open house sign on off-site premises. Greg Bengtson, City Attorney, stated that would be an executive session discussion. Commissioner Blanchard stated he drove around town and noticed that there were a lot of for sale signs with an additional sign on premises for open house and the way he read the ordinance, it would not be allowed. Mr. Gage stated the for sale sign and the open house sign would both be allowed on the premises. Dean Andrew, Director of Planning, stated Mr. Gage was correct, there could be up to three (3) signs on a residential lot. Commissioner Blanchard asked if the size of the signs allowed on residential lots could be increased from the 8 square feet listed within the ordinance. Mr. Andrew stated staff measured signs within the community and did not find any signs over 8 square feet and 90% of the signs measured were 5 square feet or below. Michael Schrage, Deputy City Manager, stated it may be helpful for staff to explain how staff measured the signs. Mr. Andrew stated staff would measure the sign by putting a rectangle around the sign portion Page 2 F with the message on it; staff did not include the base of the sign. Grant Warhurst, Midwest Siding, asked what made the construction signs no longer allowed in town. Mr. Bengtson stated the discussion was generated by a case decided by the United States Supreme Court. He continued to state the recognition to post an attempt to preserve the approach to distinguish between the residential zones and commercial speech within residential zones. Warhurst provided his thoughts on the requirements to obtain a license to perform work in the city of Salina and it was his job to proudly show the property owner and the community who was working on a property in Salina. Chris Rost, Co!dwell Banker, Antrim-Piper Wenger, on behalf of the Salina Realtors Association, stated the legal counsel of the association reviewed the ordinance and had a few questions regarding the ordinance. He continued to state that the ordinance would infringe upon the property owners rights by not allowing signs in residential areas and the ability to allow directional signage in public right-of-way but not for other types of signs. Mr. Bengtson asked for clarification from Mr. Rost on the property owner's rights information he provided. Mr. Rost stated he was not trying to limit commercial signs in a residential area. Commissioner Blanchard asked if the commercial speech was listed in the court case. Mr. Bengtson stated no, it was not included in the case. A conversation ensued between the Commission and Mr. Gage regarding directional signs in the right of way and the requirements of a roofing contractor by the State of Kansas. Mr. Gage stated under the Kansas State Statute on roofing contractor registrations, the contractor was required to have the registration available for inspection at the primary office location and in their vehicles, the statute did not state the registration had to be posted on the properties. Ashley Jarvis, Re-Max Advantage-Salina, asked if there had been repeat offenders that have brought up the sign code changes. Mr. Gage stated the Supreme Court case was the primary reason to make changes to the code. Mr. Jarvis provided his thoughts on allowing commercial signs in residential areas and provided an alternative to regulate the size and number of signs on a residential lot. Randall Holm, 848 Custer, provided his thoughts on the sign regulations and requested the ordinance only allow size limitations, the number of signs and amount of time the sign could be posted in the residential zones. Commissioner Hodges thanked the citizens for speaking today and provided her thoughts on the sign regulation changes. She continued to state she would like to be less restrictive on signs allowed in town than more restrictive. Commissioner Blanchard provided his thoughts on the sign regulations and stated some signs would be posted regardless of the sign and content of the sign. Commissioner Blanchard asked if you allow all signs regardless of size, speech and number, how do you draw the line on the quantity, size and speech of the signs. Mr. Gage stated you are not going to make everyone happy and the best thing to do would be to write an ordinance and hope that it would meet the community's interest and appeal to the board. A conversation ensued between the Commission, Mr. Gage and Mr. Bengtson on commercial signs located in the residential areas, content neutral signs in the residential areas and commercial signs off-premises. Page 3 17-0113 Moved by Commissioner Davis, seconded by Commissioner Hodges, to recess into executive session for 15 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: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:00 p.m. and reconvened at 5:15 p.m. No action was taken. Commissioner Davis stated the Commission did not discuss the policy but legal questions 8 only and continued to state his concerns regarding the practical application of temporary commercial signs. He asked if some research could be done to allow for the inclusion on the temporary commercial signs within the regulations. Mr. Bengtson stated if the majority of the Commission would like staff to look at a particular section of the current draft of the code, staff would research any specific guidance. Commissioner Hodges stated if staff would be asked to look at other regulations if they could also look at temporary directional signage for real estate open houses and garage sales. Mayor Crawford stated she would be in favor of postponing the item. Commissioner Blanchard asked what the distinction was between commercial speech and free speech based on his example of a directional sign with an arrow on it and a small house. Mr. Bengtson stated the advertisement of an event on an individual's property would differ from the commercial advertisement of an event off-premise. Commissioner Davis stated he would be in favor of staff researching them all at one time. Mr. Gage stated staff would research the temporary construction signs and temporary directional signage for real estate open houses and garage sales. 17-0114 Moved by Commissioner Ryan, seconded by Commissioner Davis, to postpone Ordinance No. 17- 10882 amending Article X. Signs in Chapter 42 of the Salina Code on second reading to the May 1, 2017 City Commission meeting. Commissioner Blanchard asked if all members of the board would be present at the May 1, 2017 meeting. Mr. Gage stated that Mayor Crawford would be absent. A conversation ensued between the Commission and Mr. Gage on the next date all members would be present. 17-0115 Moved by Commissioner Blanchard, seconded by Commissioner Ryan, to amend the original motion to postpone Ordinance No. 17-10882 amending Article X. Signs in Chapter 42 of the Salina Code on second reading to the May 15, 2017 City Commission meeting. Aye: (5). Nay: (0). Motion carried. Commissioner Davis asked if there was an effective date when the ordinance would go into effect. Mr. Gage stated it would be upon adoption and publication of the ordinance. • Commissioner Blanchard stated his preference to have a full board at the time the item returned to the Commission for action. Mayor Crawford called the question to postpone Ordinance No. 17-10882 amending Article X. Signs in Chapter 42 of the Salina Code on second reading to the May 15, 2017 City Page 4 Commission meeting. Aye: (5). Nay: (0). Motion carried. (7.2) Approve Resolution No. 17-7441 authorizing the Mayor to sign an Agreement for the Smoky Hill River Renewal Project - Preliminary Design Services, Project No. 70014. Commissioner Blanchard thanked staff for the thoroughness of the study session presentation. g Randall Hardy, 816 Highland Avenue, provided his thoughts on the project. 17-016 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to adopt Resolution No. 17- 7441 authorizing the Mayor to enter into an Agreement with HDR Engineering, Inc. for the Smoky Hill River Renewal Preliminary Design, with a not-to-exceed amount of$3,295,700. Commissioner Blanchard would like to acknowledge staff and the development team for their hard work and including the involvement of the public within the project. He continued to state the project was a real thing now and the City of Salina needed everyone's input on the project so everyone would have a say on the outcome of the project. Mayor Crawford stated she was for the river renewal project from the beginning and knew there were several individuals her age that were not for the project and hoped those citizens were on board with the project now. She continued to state she hoped to see the project to the end and be able to ride in a boat along the river again. Mayor Crawford restated the motion to adopt Resolution No. 17-7441 authorizing the Mayor to enter into an Agreement with HDR Engineering, Inc. for the Smoky Hill River Renewal Preliminary Design, with a not-to-exceed amount of $3,295,700. Aye: (5). Nay: (0). Motion carried. (7.3) Approve Change Order No. 2 for the Water Main Replacement Project - Phase VII, Project No. 10-2842F. 17-0117 Moved by Commissioner Davis, seconded by Commissioner Ryan, to approve Change Order No. 2 for the Water Main Replacement Project - Phase VII, to BRB Contractors, Inc. of Topeka, Kansas in the amount of $270,571.37 (Revised Total Contract Amount, $2,340,146.17), and revise the Contract Time from March 11,2016 to October 11, 2016. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Mayor Crawford asked for an update on the STAR Bond project.Jason Gage,City Manager, stated the STAR Bond issuance had to be renewed by the Kansas Legislature, stated staff and Salina 2020, Inc. had been working on the possibilities to accelerate the issuance or wait for the Kansas Legislature to act on the renewal. Mr. Gage continued to state it would cost a great deal of money to accelerate the issuance therefore staff and Salina 2020, Inc. would keep the line of communication open and tell them our story. Mayor Crawford stated the Commission would like to extend their condolences to Commissioner Hodges and her family on the passing of Dr. Merle Hodges. Jason Gage, City Manager, stated that Dr. Hodges was a past Mayor and City Commissioner. Commissioner Hodges stated from approximately 1980 to 1988 and thanked city staff and Page 5 the commission for their thoughts and flowers. ADJOURNMENT 17-01„18 Moved by Commissioner Davis, 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 6:01 p.m. 0 0 [SEAL] Karl Ryan,Vice-Mayor ATTEST: PMActl: ,oing Shandi Wicks,CMC, City Clerk 1 Page 6