06-26-2017 Minutes CITY OF SALINA,KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
June 26, 2017
4:00 p.m.
The City Commission convened at 2:00 p.m. for Lower Smoky Hill Water Supply Access District
Board Special Meeting and at 2:30 p.m. for Budget: Outside Agencies and at 3:45 p.m. for Citizens
N 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, 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
None.
CITIZENS FORUM
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of June 19, 2017.
(6.2) Approve Resolution No. 17-7465 expressing support for and authorizing staff to
submit a grant application to the Dane G. Hansen Foundation for bicycle education,
evaluation and encouragement under the health care objective for healthier
communities.
17-0175 Moved by Commissioner Davis, seconded by Commissioner Ryan, to approve the consent agenda
as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Authorize preparation, distribution and public notice of final draft of revisions to
the Salina Neighborhood Revitalization Plan.
Michael Schrage, Deputy City Manager, explained the current plan, requests submitted,
possible changes to the plan and action options.
Commissioner Davis asked what the most important features in summary that merited
adding the property on Delaware. Mr. Schrage stated from discussion at the last meeting,
the property would add multi-family housing, be consistent with the comprehensive plan
and matched other properties in the neighborhood.
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ni 17-0176 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to direct staff to finalize the
111 draft revisions to the Neighborhood Revitalization Plan, solicit the consent of the applicable taxing
jurisdictions and publish notice of a public hearing before the City Commission for consideration
of the proposed revisions to the Neighborhood Revitalization Plan. Aye: (5). Nay: (0). Motion
carried.
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(7.2) International Energy Conservation Code, Uniform Mechanical Code and
International Residential Code.
(7.2a) First reading Ordinance No. 17-10890.
(7.2b) Declare a compelling public purpose exists to allow second reading on
the same day.
(7.2c) Second reading Ordinance No. 17-10890.
Michael Schrage, Deputy City Manager, explained the background of the new building
codes, the request submitted, and action options.
Jason Gage, City Manager, asked Mr. Schrage to review the additional information staff
provided to the Commission and public pertaining to the current building codes in
neighboring jurisdictions as of January 2016.
Mr. Gage stated that upon receiving the request, staff decided to bring the matter to the
City Commission for consideration.
Commissioner Ryan asked what would happen to the developer and builder if the
moratorium was passed. Mr. Gage stated if the moratorium was approved, the energy
conservation code would not apply but if the moratorium was not approved, development
would still be required to abide by the energy code.
Commissioner Hodges asked what would happen to the current projects that were in the
process of being completed. Mr. Schrage stated the moratorium would require the
submission of revised plans.
Commissioner Hodges stated it would be helpful for the Commission to understand why
the developer or builder could not meet the 2012 Energy Conservation Code.
Commissioner Davis asked why the new building codes were delayed from going into
effect in January of 2017. Mr. Schrage stated staff thought there were some developers and
builders that were not fully aware of the January 1, 2017 effective date and there was some
inability to submit plans by the submittal date for the building codes at that time.
A conversation ensued between the Commission, Mr. Gage and Mr. Schrage regarding the
implementation of the new building codes and the input from the development
community.
Mr. Gage stated the purpose of the energy conservation code was to limit the amount of
future expenses and to be energy efficient.
Commissioner Blanchard asked for staff to describe processes used in the implementation
of new building codes. Mr. Schrage stated the building official held approximately sixty
(60) Building Advisory Board Sub-Committee meetings to allow for questions and issues to
be raised at that time.
Jeff Gillam, Jones Gillam Renz Architects, stated the codes were very extensive and of the
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neighboring competitive communities the Salina energy conservation code was the most
extensive and most expensive. He continued to state that a majority of the jurisdictions that
had adopted the energy conservation code had to adopt it with amendments. Mr. Gillam
asked for the City Commission to vote in favor of the moratorium.
Donnie Marrs, DMA Architects, stated the codes were reviewed but never applied to a real
w building situation which adds to the cost of the new building. He continued by providing
Nexamples of the requirements within the energy code and asked the City Commission to
vote in favor of the moratorium.
Brandon Hughes, Harbin Construction, stated if a project was over budget, the first thing
that was looked at was the commissioning and lead approach.
Charles Renz,Jones Gillam Renz Architects, stated the 2012 Energy Conservation Code was
not conducive for every situation and stated the amendments would be able to help in
those situations.
James Hall, 1525 E. North Street, provided an example of a section within the structure
code that added additional cost to the development and asked the Commission to listen to
the developers.
Mr. Schrage stated if the Commission would like to continue with the 2012 Energy
Conservation Code and would like additional conversation and reporting, staff would
strongly ask for the moratorium to allow staff time to thoroughly work the review through
the Building Advisory Board and bring it back to the City Commission for approval.
Mr. Jeff Gillam asked for a show of hands in the audience of those that were in favor of the
moratorium. Multiple individuals in the audience raised their hands in favor of the
moratorium.
Commissioner Blanchard asked why during the two (2) year process no one raised red flags
on the issues of the codes. Mr. Jeff Gillam stated that developers and builders did raise red
flags during the sub-committee meetings and none of those red flags were addressed.
Commissioner Blanchard asked Mr. Jeff Gillam if the architects had ran into using the 2012
Energy Conservation Code. Mr. Jeff Gillam stated the neighboring jurisdictions either did
not have an energy conservation code or a lesser code with amendments and most of the
projects his firm worked on were out of state.
A conversation ensued between Mr. Jeff Gillam and Commissioner Blanchard regarding
the need for amendments to the code.
Commissioner Blanchard provided his thoughts on the moratorium and the process for
implementing new codes.
A conversation ensued between the Commission on the amount of time for the moratorium
and the implementation of a new energy code.
Commissioner Blanchard asked how many permits were currently submitted with the
energy code. Mr. Schrage stated staff had conversations regarding that but he could not
say how many there were.
Mr. Gage stated the current energy conservation code was in effect and in use today, the
- current ordinance before the Commission was to instill a moratorium. He also stated the
implementation of the new energy code would be up to the City Commission.
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Mr. Schrage stated if there were any permits issued using the 2012 Energy Conservation
Code prior to the implementation of the moratorium, the applicant would have to submit
revised plans for the projects.
t nm Commissioner Blanchard asked how many permits may be submitted during the
z moratorium time period. Mr. Schrage stated it was hard to tell but approximately six (6).
0.
Commissioner Blanchard stated the option was to go to the 2009 International Energy
Gc
H Conservation Code or keep the 2012 International Energy Conservation Code. Mr. Gage
R stated there was the possibility to use the 2009 International Energy Conservation Code
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with amendments or the 2012 International Energy Conservation Code with amendments.
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Commissioner Blanchard asked if the 2009 International Energy Conservation Code was a
better option,could the 2009 International Energy Conservation Code be approved today.
Commissioner Davis asked what he meant by amend the 2009 International Energy
Conservation Code. Mr. Gage stated it would mean to make the code less restrictive.
Commissioner Davis provided his thoughts on the code and the moratorium.
Mr. Gage stated he would recommend allowing the Building Advisory Board the
opportunity to address the question.
Commissioner Davis asked what would take place of the 2012 International Energy
Conservation Code. Mr. Schrage stated there were currently energy provisions within the
residential and building code that would still be required.
S Mr. Bengtson stated nothing goes away by the moratorium ordinance, it provides a time
out of enforcement by City staff on the energy code.
Commissioner Blanchard asked if the Building Advisory Board could have on their agenda
the item for consideration and have the item back on the agenda for the City Commission
on July 17th. Mr. Schrage stated staff could take the item to the Building Advisory Board
along with copies of the Manhattan,Topeka and Kansas City code with amendments.
Mr. Gage stated the item did not have to go to the Building Advisory Board but staff felt it
was an opportunity for them to review the item.
Commissioner Hodges asked if it made more sense to work on amendments to the 2012
International Energy Conservation Code. Mr. Schrage stated the International Energy
Conservation Code had a COMAcheck software that the 2009 code would check but the
2012 would require additional work to review for a developer. Mr. Marrs questioned if
there was anyone in staff that could review the energy code reports.
Commissioner Davis provided his thoughts on the implementation of the energy code.
A conversation ensued between Mr. Marrs and the Commission regarding the
implementation of the energy code and the next step.
Ken Cool, Cool & Eitel Construction, stated the code book was not a law but was more of a
guideline, provided his thoughts on the code and stated he attended several of the sub-
committee meetings reviewing the new codes.
111 17-0177 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to send the item to the
Building Advisory Board to adopt the 2009 International Energy Conservation Code with or
without amendments and return the item with a written ordinance to the City Commission on July
17, 2017.
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Commissioner Davis asked about the motion and it not addressing the moratorium. Commissioner
Blanchard stated he felt there was a sense of urgency to look at the issues and run the process to
get the issues resolved.
Commissioner Davis asked if the 2012 International Energy Conservation Code would need to be
repealed. Mr. Bengtson stated the ordinance taking the action to adopt the 2009 International
Energy Conservation Code would include the repeal of the current code.
Mayor Crawford restated the motion to send the item to the Building Advisory Board to adopt the
2009 International Energy Conservation Code with or without amendments and return the item
with a written ordinance to the City Commission on July 17, 2017. Aye: (5). Nay: (0). Motion
carried.
(7.3) Discussion and direction to staff regarding the operating model to offer concessions
at the Salina Fieldhouse.
Jason Gage, City Manager, explained the Original Fieldhouse Food Service Model, In-
House Concession option, the Private Concessionaire Operation option and action options.
Commissioner Davis asked if there were any plans for concessions at the two (2) events
planned in July. Chris Cotten, Director of Parks & Recreation, stated the event organizer
would be running the concession stand for the events. Commissioner Blanchard asked if
there were any plans for the concession stand early on as the Commission was not aware of
how the concession stand would be ran.
Commissioner Blanchard asked if sales tax would be collected. Mr. Gage stated yes, the
City of Salina would collect the sales tax.
Commissioner Hodges asked Mr. Cotten which model he preferred. Mr. Cotten stated he
preferred the City of Salina staff running the concession stand or the Tony's Pizza Event
Center model.
Commissioner Blanchard asked how the Kenwood Cove concession stand was ran. Mr.
Cotten stated the Kenwood Cove stand was contracted out.
Mayor Crawford provided her thoughts on the model.
Commissioner Blanchard provided his thoughts on what he would like to see.
Commissioner Davis provided his thoughts on the model he would prefer to see.
Mr. Gage stated if staff could keep the flexibility they would like to see, there would be an
opportunity for a private concessionaire operation plan.
Commissioner Blanchard asked if there was an ability to hurt the number of tournaments
at the facility with having a private concessionaire operation plan.
Commissioner Blanchard asked if there was an ability for staff with Tony's Pizza Event
Center to negotiate concession stand funds. Mr. Gage stated Spectra could negotiate the
funds from the concession stand with the renters.
Commissioner Hodges provided her thoughts on what she would like to see and per past
experience on the food and drinks offered at other venues.
Jonathan Dong, Bowhead Support Group, stated it was a significant facility and felt it
needed a reputable concession stand. He continued by stating there was a need for a
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professional concession stand.
Commissioner Blanchard asked Mr. Dong what type of items his organization could
provide. Mr. Dong stated there would be healthy options like salads, yogurt parfaits and
fruit but would also include the typical concession food.
Commissioner Blanchard asked if Mr. Dong felt the healthy food options would harm the
restaurants in the downtown area. Mr. Dong stated there would be times when families did
not have time to leave the facility to go to a downtown restaurant.
s Commissioner Blanchard asked if there was an opportunity for staff to get with Mr. Dong
cpc to review the options. Mr. Gage stated he felt there would be one or more concessionaires
that would be able to handle the opportunity and felt there should be a request for
proposals sent out.
Commissioner Davis asked what the minimum size tournament Mr. Dong felt the
concession would be open for. Mr. Dong stated for the first year, the concession would be
open for all events regardless the size.
Commissioner Davis asked if Mr. Dong would be comfortable with a contract serving
larger events only. Mr. Dong stated that would not be what he would like to see, but he
would be willing to do it.
Travis Scheele, Recreation Superintendent, stated staff was still working on scheduling
tournaments and one of the first questions asked was how the concession stand would be
handled.
Mr. Gage stated staff would like direction from the Commission.
Commissioner Ryan stated he felt the need to continue with the current model until more
information is gained once the facility was open.
Commissioner Davis stated he would like to get the building open first and stated the need
to share the concession responsibilities. Mr. Gage asked if Commissioner Davis was in
favor of keeping the concession stand in house and exploring the options. Commissioner
Davis stated he would prefer with keeping the concession stand in house at this time.
Commissioner Hodges stated she agreed with Commissioner Blanchard that she did not
feel the City of Salina was in the food service business but would be willing to go with the
in house concession stand to see how it goes.
Commissioner Blanchard stated he did not want to get into the food service business but
felt there would be an operational shock of running the facility and any help from the
private sector to manage the concession stand would help.
Mr. Gage asked if the Commission would like to revisit the idea in the first quarter of 2018.
The Commission reached a consensus to revisit the item in the first quarter of 2018.
(7.4) Resolution No. 17-7464 authorizing the Mayor to execute an agreement with Burns
& McDonnell Engineering Co., Inc. and CAS Constructors, LLC for Phase I of the
South Well Field and Water Treatment Plant Improvement Project, Project No.
70019.
Martha Tasker, Director of Utilities, explained the project, fiscal impact and action options.
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Aaron Martin, Legal Counsel,explained the summary of changes to the contract document.
Commissioner Blanchard asked for clarification on the summary of changes. Mr. Martin
provided clarification on the changes.
Commissioner Blanchard asked if there was a source for public contact on the project. Ms.
Tasker stated the public could contact staff at any time.
Jerry Duran, 5353 E Magnolia Road, stated he was not aware of the project other than what
was in the newspaper and expressed his concerns on the project and wanted additional
information on how the project could affect them.
Jason Gage, City Manager, stated staff could include them in the initial conversations to get
the information needed to them.
17-0178 Moved by Commissioner Hodges, seconded by Commissioner Blanchard, to adopt Resolution No.
17-7464 authorizing the Mayor to enter into an agreement with Burns & McDonnell Engineering
Company, Inc. and CAS Constructors, LLC as a Salina Joint Venture for Phase I of the South Well
Field and Water Treatment Plant Improvement Project, Project No. 70019, with a not-to-exceed
amount of$1,964,525. Aye: (5). Nay: (0). Motion carried.
(7.5) Amendment of Standard Traffic Ordinance - Fine for Seat Belt Violations.
(7.5a) First reading Ordinance No. 17-10891.
(7.5b) Declare a compelling public purpose exists to allow second reading on
the same day.
(7.5c) Second reading Ordinance No. 17-10891.
Greg Bengtson, City Attorney, explained the amendment, effective date of change and
action options.
Randall Holm, 848 Custer, provided his thoughts on the amendment and that the fine was
a significant jump. Mr. Bengtson stated the fee was imposed by the State of Kansas.
17-0179 Moved by Commissioner Ryan, seconded by Commissioner Blanchard, to pass Ordinance No. 17-
10891 amending Chapter 38, Article I of the Salina Code by adding new section 38-1a, amending
182.1 (Seat Belts) of the Standard Traffic Ordinance, as amended, which regulates traffic within the
corporate limits of the City of Salina, Kansas on first reading. Aye: (5). Nay: (0). Motion carried.
17-0180 Moved by Commissioner Blanchard, seconded by Commissioner Ryan, to declare a compelling
public purpose exists for second reading approval of Ordinance No. 17-10891 on the same day as
the first reading. Aye: (5). Nay: (0). Motion carried.
17-0181 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to adopt Ordinance No. 17-
10891 amending Chapter 38, Article I of the Salina Code by adding new section 38-1a, amending
182.1 (Seat Belts) of the Standard Traffic Ordinance, as amended, which regulates traffic within the
corporate limits of the City of Salina, Kansas on second reading. A roll call vote was taken. Aye:
(5) Crawford, Davis, Hodges, Ryan, Blanchard. Nay: (0). Motion carried.
The Commission recessed for break at 6:50 p.m. and reconvened at 7:00 p.m.
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DEVELOPMENT BUSINESS
(8.1) Application No. Z16-6A, (filed by Salina City Planning Commission), requesting an �I
amendment to Article X. Signs in Chapter 42.
Dean Andrew, Director of Planning, explained the prior City Commission action, revised
City Commission recommendation, ordinance options and action options.
Commissioner Davis asked if deciding to eliminate commercial signs in residential districts
was allowed under the Supreme Court case. Aaron Martin, Legal Counsel, stated yes.
Commissioner Davis also asked if the Supreme Court case specified a house for sale sign
° had to say for sale. Mr. Martin stated there was not a specific case that addressed that but
there was a level of scrutiny that would have to be addressed. He continued by stating the
ordinance could include that the sign must include the language pertaining to a house for
sale.
A conversation ensued between Commissioner Davis, Mr. Martin and Mr. Andrew
regarding commercial signs in the residential district.
Commissioner Blanchard stated he was looking at the ordinance option #1, under Section 4,
(a) iii (4) pertaining to temporary signs for construction activities and then Section 4 (c) iii
(3) pertaining to signs on site and asked if a (4) could be added to Section 4 (c) iii to add a
sign for construction activities and where the risk would come in. Mr. Martin stated the
first section was pertaining to the quantity of signs not the text on the sign and it would be
possible to add the language but he would suggest using the ordinance option #2.
Mr. Andrew shared with the Commission that Chris Rost was not able to attend but he did
support ordinance option #2.
Mr. Martin stated there were three (3) variations of the ordinance in the packet, option #1
was the original ordinance that was approved in April and could be approved on second
reading, option #2 and option #3 would have to be approved on first reading first.
Commissioner Hodges stated she preferred option #3 due to the ability to enforce the code.
Commissioner Ryan stated he agreed with Commissioner Hodges and preferred option #3.
Commissioner Davis provided his thoughts on the ordinance options.
A conversation ensued between the Commission and Mr. Andrew regarding the ordinance
options.
Commissioner Davis asked about the size of home for sale signs. Mr. Andrew stated most
signs were smaller than 5 square feet.
Michael Schrage, Deputy City Manager, stated the way the sign was measured for a code
enforcement perspective was a box around the text.
A conversation ensued between the Commission, Mr. Schrage and Mr. Andrew regarding
the size of signs and how they are measured.
17-0182 Moved by Commissioner Hodges, seconded by Commissioner Davis, among the three options
presented I move to pass Ordinance No. 17-10882 Option # 3 on first reading allowing two (2)
temporary signs to be placed on an individual residential property regardless of content and
regardless of any activities or events taking place on the property, with up to four (4) additional
signs allowed during election season.
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Commissioner Davis asked if the number of signs could be amended to include alarm system
signs. Commissioner Blanchard stated the option chosen would allow all signs regardless of the
sign.
Commissioner Davis asked if Commissioner Blanchard would be in favor of limiting the number
of commercial signs. Commissioner Blanchard stated yes, he would be in favor of limiting
commercial signs. Mr. Gage stated the elimination of commercial signs would move you back into
option #1 or option #2.
Commissioner Davis asked if making a distinction in option #3 was an option. Mr. Martin stated it
would be an option to add additional language to the option.
Greg Bengtson, City Attorney, stated the motion would need to include the wording "among the
three (3) options".
Jim Kowach, Director of Public Works, stated he was not sure if the Commission recalled but off-
site signs were not mentioned in the ordinance version chosen. Mr. Martin stated the temporary
signs allowed would include commercial or non-commercial signs.
Randall Holm, 848 Custer, stated there was a lot of work put into this matter and asked that the
number of signs be increased to three (3) instead of two (2). Commissioner Davis asked the motion
maker to change the number of signs from two (2) to three (3). Commissioner Hodges stated she
felt she stuck her neck out enough voting for the option that she could not extend the number of
signs.
Mayor Crawford restated the motion among the three options presented I move to pass Ordinance
No. 17-10882 Option # 3 on first reading allowing two (2) temporary signs to be placed on an
individual residential property regardless of content and regardless of any activities or events
taking place on the property, with up to four (4) additional signs allowed during election
season. Aye: (4). Nay: (1) Blanchard. Motion carried.
OTHER BUSINESS
Commissioner Blanchard stated Tim Horan wrote a story on Tony's Global and Tony's
Pizza increasing wages for employees that will be in the newspaper tomorrow. He stated
he would like to recognize Tony's Global and Schwan's.
(9.1) Request for executive session (legal/personnel).
17-0183 Moved by Commissioner Davis, seconded by Commissioner Ryan, to recess into executive session
for 45 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 8:25 p.m. Aye: (5). Nay: (0). Motion carried
17-0184 Moved by Commissioner Davis, seconded by Commissioner Hodges, to extend the current
executive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 8:25 p.m. and reconvened at 8:35
p.m. No action was taken.
17-0185 Moved by Commissioner Davis, seconded by Commissioner Ryan, to extend the current executive
session for an additional 5 minutes. Aye: (5). Nay: (0). Motion carried.
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The City Commission recessed into executive session at 8:35 p.m. and reconvened at 8:40
p.m. No action was taken.
17-0186 Moved by Commissioner Davis, seconded by Commissioner Ryan, to recess into executive session
for 24 minutes for the purpose of discussing matters pertaining to non-elected City personnel for
z the reason that public discussion of the matter would violate the privacy rights of the non-elected
w personnel involved and reconvene at 9:04 p.m. Aye: (5). Nay: (0). Motion carried.
3 The City Commission recessed into executive session at 8:40 p.m. and reconvened at 9:04
p.m. No action was taken.
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ADJOURNMENT
17-0187 Moved by Commissioner Davis, seconded by Commissioner Hodges, that the regular meeting of
the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 9:04 p.m.
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[SEAL] a e J. Cxp , Mayor
`A'TTE—�ST: �� vvwf d
Shandi Wicks, CSM City Clerk
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