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09-25-2017 Minutes CITY OF SALINA,KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS September 25,2017 • 4:00 p.m. The City Commission convened at 2:30 p.m. for River Renewal Project Update and at 3:45 p.m. for Citizens Forum. The Regular Meeting of the Board of Commissioners was called to order at 4:02 p.m. in Room 107, City-County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of g 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 period of September 15 through October 15, 2017 as"Hispanic Heritage Month" in the city of Salina. Jesus Hernandez read the proclamation. CITIZENS FORUM None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on application for a constitutional economic development tax exemption filed by the Salina Economic Development Corporation requesting a property tax exemption for the Bulk Solids Innovation Center located at 607 N. Front Street. Dean Andrew, Director of Planning, explained the application received and the applicant's request for an extension of time. Ken Wasserman, Norton, Wasserman, Jones & Kelly, LLC, requested the public hearing to be extended for 120 days. He continued by stating 90 days would also be acceptable. Mayor Crawford opened the public hearing. Commissioner Blanchard asked if opening and continuance of a public hearing had required guidelines and if the notice of this public hearing was published in the newspaper. Mr. Andrew stated the notice was published in the newspaper and letters were mailed to Saline County and USD #305. Commissioner Blanchard asked if another letter would be mailed to Saline County and USD #305. Mr. Andrew stated a letter with the new public hearing date could be sent to both parties. Commissioner Blanchard asked if the request for the mailing of new letters needed to be included in the motion. Greg Bengtson, City Attorney, stated the request could be included in the motion if it was the wish of the Governing Body. Mayor Crawford asked the applicant how many days did they need the public hearing Page I continued to. Mr. Wasserman stated 120 days. Michael Schrage, Deputy City Manager, stated January 22, 2018 would be 120 days from today's date. - A conversation ensued between the Commission, Mr. Schrage and Jason Gage, City E Manager, regarding the continuation date of the public hearing. ill 17-02Si4 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to continue the public hearing to a date specific of Monday, January 22, 2018, and direct staff to re-advertise the public hearing notice and to notice the school district and the county along with any other entities that 8 were originally noticed. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of September 11, 2017. (6.2) Authorize the purchase of 30 X26p Taser Conductive Energy Weapons (CEW) and ancillary equipment from AXON Enterprise, Inc. in the amount of$37,039.20. (6.3) Award of contract for Minor Concrete Rehabilitation, Project No. 70010D to T & R Dirt Construction of Salina, in the amount of $43,879.95 with a 10% construction contingency. (6.4) Award of contract for the 2017 Sidewalks, Project No. 70020, to T & R Dirt Construction of Salina, in the amount of $62,810.75, with a 10% construction contingency of$6,281.08. (6.5) Approve Resolution No. 17-7483 declaring the depot building located at 356 North Santa Fe a blighted building in the Salina downtown with respect to the Kansas Small Cities Community Development Block Grant (CDBG) Program. (6.6) Authorize the storm sewer system repair at Neptune Avenue and Venus Avenue by Stevens Contractors, Inc in the amount of$23,557. Commissioner Blanchard stated that he appreciated the work of the Bieberlys on the depot project. Mayor Crawford also expressed her appreciation to the Bieberlys for their work on the project. Commissioner Hodges wished the applicant good luck on submittal of the grant application. 17-0265 Moved by Commissioner Blanchard, seconded by Commissioner Ryan, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Receive public comment regarding proposed use of the fiscal year 2017 Justice Assistance Grant (JAG) program funds, and authorize the JAG program grant application and equipment acquisition, as presented. Chief Brad Nelson explained the program and use of funds. 17-0266 !Moved by Commissioner Hodges, seconded by Commissioner Davis, to authorize the Mayor to isign the memorandum of understanding, the electronic submittal of fiscal year 2017 Justice I 1 Page 2 Assistance Grant program funds and the acquisition of three (3) covert tracking units, one (1) 111 covert listening device, two (2) video surveillance systems and one (1) GPS tracking unit as stated. Aye: (5). Nay: (0). Motion carried. (7.2) Resolution No. 17-7481 formally adopting the amended City of Salina Municipal Naming Guidelines. Jason Gage,City Manager,explained the amendments and the action options. Commissioner Davis asked if the public hearing was still required for the philanthropic naming. Mr. Gage stated the public hearing would still be required for all naming categories. Commissioner Davis asked for clarification on the consideration of a philanthropic contribution on the full facility naming of a building. A conversation ensued between the Commission and Mr. Gage regarding the philanthropic contribution on the full facility naming of a building. Commissioner Blanchard provided an example of the naming of the Tony's Pizza Event Center and the distinction of philanthropic naming versus a market driven naming. He continued to provide his thoughts on the possible addition of an additional naming option for a market driven naming. Mr. Gage asked if another category could be added with a value added to that category instead of the philanthropic naming. A conversation ensued between the Commission and Mr. Gage regarding the possible addition of another category for commercial sponsorship naming including the basis for the minimum contribution requirement. The Commission reached a consensus to add the new category for commercial sponsorship naming. A conversation continued to ensue between the Commission and Mr. Gage regarding the basis for the minimum contribution for the commercial sponsorship naming category. Commissioner Davis asked if there was a list of facilities that the guidelines would cover. Mr. Gage stated he would check to see if there was a current list of facilities the guidelines would cover and report back to the commission. Commissioner Ryan asked if a waterway would be covered in the definition of a municipal facility. Mr. Gage stated he would add language to the definition to include other physical structures. Commissioner Hodges provided her thoughts on the guidelines and the recent plaza monument dedication. 17-0267 Moved by Commissioner Davis, seconded by Commissioner Hodges, for staff to return the item to the Commission at a later date with the changes requested by the City Commission. Aye: (5). Nay: (0). Motion carried. (7.3) Authorize the Mayor to enter into an Agreement for a Trailer Mounted Portable Engine Generator for Wastewater Collection. Martha Tasker, Director of Utilities, explained the purchase, fiscal impact and action options. Page 3 Jason Gage, City Manager, asked for the scale of the generator and what it could provide power to. Mark Peterson, Electrical Engineer II, stated the trailer mounted portable engine generator was a double axle trailer, 12 to 15 feet long, 7 feet tall with an engine that would work in combination with the electrical generator to form a single piece of equipment. Commissioner Ryan asked if all of the stations were outfitted to connect to the generator. Mr. Peterson stated there were a group of stations that were currently outfitted to connect z N to the generator and the remaining stations would be updated in the near future to have the ability to connect to the generator. 0 Commissioner Davis asked if the unit would be able to operate multiple pump stations at one time. Ms. Tasker stated no, it would be used at one station at a time but could be moved to multiple locations during a flood. Commissioner Blanchard stated the bid received from United Rentals lacked sizing calculations and without that information it would be difficult to know if the unit would meet the needs. Mr. Peterson stated staff was not comfortable purchasing the unit from United Rentals without receiving the needed information on the unit. Commissioner Blanchard asked if there was a need to purchase the unit quickly. Ms. Tasker also stated that staff had contacted the company multiple times and were told the company would not provide the requested information to them. She also stated if the bid was not awarded this week Foley Power Solutions would add 3% to the bid amount submitted. 17-0268 Moved by Commissioner Ryan, seconded by Commissioner Blanchard, to authorize the Mayor to enter into an Agreement for a Trailer Mounted Engine Generator with Foley Power Solutions of Wichita, Kansas in the amount of$70,861.22. Aye: (5). Nay: (0). Motion carried. (7.4) Resolution No. 17-7482 modifying the 2017 Comprehensive Fee Schedule for the City of Salina Municipal Solid Waste Landfill waiving the residential fees for a single-day event,Saturday,October 7, 2017. Jim Kowach, Director of Public Works, explained the request, fiscal impact and action options. He continued to state the hours of the landfill would be extended to 5:00 p.m. for the day of the event. Commissioner Davis asked if vehicles have been taken to the landfill before. Mr. Kowach stated citizens have attempted to dispose of a wide variety of large items such as vehicles, boats and buildings however those items are not accepted at the landfill. 17-0269 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt Resolution No. 17- 7482 authorizing the waiver of the City of Salina residential fees for the Salina Municipal Solid Waste Landfill for "Fall Fix-Up Day", a Community Work Day, on Saturday, October 7, 2017, and extend the landfill hours to 5:00 p.m. Aye: (5). Nay: (0). Motion carried. Commissioner Davis asked if notifications would be posted in the newspaper and electronically for advertising. Mr. Kowach stated staff would begin advertising the free landfill day immediately in collaboration with Salina Downtown, Inc, Friends of the River and North Town Salina. Commissioner Blanchard mentioned that the North Salina Community Development, Inc. had volunteers that would be posting door hangers on doors in the north part of Salina notifying them of the event. Page 4 DEVELOPMENT BUSINESS (8.1) Application No. Z17-7, (filed by Wheatland Development Co., Inc.), requesting a change in zoning district classification from A-1 (Agricultural) to R-1 (Single-Family Residential) on a 31.63 acre tract of land located on the east side of Markley Road between Magnolia Hills Estates and East Crawford Recreation Area. n (8.1a) First reading Ordinance No. 17-10901. N Dean Andrew, Director of Planning, explained the request, zoning ordinance requirements, site development, neighborhood characteristics, public utilities and services, conformance. with Comprehensive Plan, Planning Commission recommendation and action options. Commissioner Davis asked for staff to go over the concern on Markley Road. Mr. Andrew stated that all perimeter streets (and Markley Road would be one of those) would have to meet the full city street standard. He continued to state the applicant would have to include in the development agreement the intention of the development of Markley Road. Commissioner Hodges asked if there was a sense of where the street drop-offs would be for this subdivision. Mr. Andrew stated the engineer for the developer was currently working on the locations of the street drop-offs. Commissioner Davis stated he had a concern of the subdivision being secluded without sidewalks. Mr. Andrew stated Public Works was currently working on the addition of a paved sidewalk trail in the same location of a normal sidewalk that would connect Magnolia Hill Estates and East Crawford Recreation Area. Mayor Crawford requested a short recess with session resuming at 5:45 p.m. The City Commission recessed at 5:38 p.m. and reconvened at 5:45 p.m. Commissioner Davis asked if the development of Markley Road would be included in the development agreement. Mr. Andrew stated the request of the developer was to not be required to develop Markley Road as a full city street standard but to allow the street to be developed as it normally would in the future. Mr. Andrew continued to state the developer would be required to install a sidewalk to meet the minimum street standards. Commissioner Hodges asked if the Planning Commission's fourteen (14) conditions were included in their packet. Mr. Andrew stated no, the Planning Commission had approved a preliminary plat but could not move forward until the development agreement relating to Markley Road was addressed. A conversation ensued between Commissioner Blanchard and Mr. Andrew regarding the comprehensive plan and street requirements. Commissioner Blanchard asked if the need for street standards were to bring the street to complete street standards. Mr. Andrew stated the only complete street currently completed was on Magnolia and the cost was fully paid by the developer. Commissioner Blanchard provided his thoughts on the request, the street standards and the development agreement. A conversation ensued between the Commission, Mr. Andrew and Jason Gage, City Manager, regarding the types of street standards and the comprehensive plan. Mr. Andrew read the fourteen (14) conditions set by the Planning Commission for this Page 5 request. Dan Daley, Wheatland Development Company, Inc. provided information on the request. Commissioner Blanchard asked if he had any thoughts on the petition that was signed. Mr. Daley stated he appreciated the input from the neighbors and had the same concerns. He w continued to state he was in favor of the buffer zone and the addition of a sidewalk. He continued to state his vision was for the fence line to be the same for the entire N development. Commissioner Blanchard asked if Mr. Daley was familiar with the street standards and if he had any concerns about it. Mr. Daley stated he was willing to pay his portion of the sidewalk development but did not want to pay for the entire sidewalk. Commissioner Davis stated he had concerns with vehicles pulling into and out of the development with the street speed limit of 45 mph. Mr. Daley stated the engineer with Kaw Valley Engineering was present and could speak to that question. Justin Owens, Kaw Valley Engineering, stated there was adequate site visibility to allow for safe turning from the development. A conversation continued to ensue between the Commission and Mr. Owens regarding the development entrances and exits. Mr. Gage reminded the Commission that the questions addressed today were only part of the platting of the property not the rezoning of the property. Mr. Andrew stated in the past a traffic study had not been required for a new development. Commissioner Blanchard asked when the development agreement portion would be addressed. Mr. Andrew stated if the property was zoning today, second reading of the ordinance was subject to platting and the development agreement would be required before the final plat could be accepted. He continued to state the question today was to see if the property was appropriate for a change in zoning district classification. Mr. Gage restated that the request today was to zone the property and that second reading of the ordinance was subject to platting and there would be a time when the development agreement would be worked out. Commissioner Hodges asked if there was a way to include the need for the street standards. Mr. Gage stated the comprehensive plan would help protect the concerns. Mr. Gage stated there was the option to go into executive session to discuss with legal counsel the differences in zoning and platting of a property. Mayor Crawford stated she did not have any concerns and was in favor of the request. Commissioner Ryan agreed. Mr. Andrew explained the ordinance drafted and the ability to amend the ordinance to add additional language in the ordinance pertaining to Markley Road. Commissioner Blanchard provided his thoughts on the ability to amend the ordinance. 1 Eric Rasmussen, Foxtail Drive, stated his questions were answered regarding the buffer zone by Commissioner Blanchard and Mr. Andrew. He continued to provide his thoughts on the buffer zone and thanked the developer and staff for all of their work on the project. • 17-0270 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to pass Ordinance No. 17- 10901 requesting a change in zoning district classification from A-1 (Agricultural) to R-1 (Single- Page 6 Family Residential) on a 31.63 acre tract of land located on the east side of Markley Road between Magnolia Hills Estates and East Crawford Recreation Area on first reading. Aye: (5). Nay: (0). Motion carried. Commissioner Blanchard thanked the neighbors for attending the meeting and stated the petition w was right behind the staff report so commissioners could easily see it. He continued to thank Dan Daley for his work with the neighbors to reach an agreement. (8.2) Consider acceptance of offered restricted access and easement dedications on the Replat of Lot 1, Block 1 of the Salina Industrial Park Subdivision. 3 Dean Andrew, Director of Planning, explained the request, street access, public utilities and services, City Planning Commission action, County Planning Commission action, easements and dedications along with the action options. Katie Walbridge, Engineer with Westar Energy, provided brief information on the new substation. Commissioner Blanchard asked if the current substation would remain. Ms. Walbridge stated the current substation would be removed once the new substation was fully functional. 17-0271 Moved by Commissioner Ryan, seconded by Commissioner Davis, to accept the offered restricted access, utility and drainage easement dedications and authorizing the Mayor to sign the Replat of Lot 1, Block 1 of the Salina Industrial Subdivision. Aye: (5). Nay: (0). Motion carried. 0 ' OTHER BUSINESS Commissioner Blanchard stated the NAACP had their annual block party this past weekend. He continued by thanking the Salina Police Department and Saline County Sherriff's Office for their participation in the event. Commissioner Blanchard also stated that the North Central Regional Planning Commission was working with the Bieberlys to redevelop the depot. Commissioner Hodges stated that as a participant of the Fe for a Cure, the Smoky Hill Museum Street Fair and the NAACP Annual Block Party she wanted to thank the Public Works Department and law enforcement for their work on making the streets safe for the events. (9.1) Request for executive session (legal). 17-0272 Moved by Commissioner Davis, seconded by Commissioner Hodges, to discuss contract negotiations with legal counsel pursuant to the attorney-client privileged communications with . legal counsel exception, K.S.A. 45-7319(b)(2), for 30 minutes. The open meeting will resume in this room at 7:15 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:45 p.m. and reconvened at 7:15 p.m. No action was taken. I17-0273 Moved by Commissioner Davis, seconded by Commissioner Hodges, to extend the current executive session for an additional 20 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:15 p.m. and reconvened at 7:35 Page 7 p.m. No action was taken. ADJOURNMENT 17-024 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The I meeting adjourned at 7:35 p.m. N allOs 8 � a (SEAL] 'C e J Craw of , Mayor ATTEST: "b oli;LtA xt? Shandi Wicks, CMC,City Clerk I 1 Page 8