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03-25-2019 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS March 25, 2019 4:00 p.m. • i The City Commission convened at 2:30 p.m. for Yard Waste Discussion and at 3:45 p.m. for w Citizens Forum at City-County Building, Room 107. 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. U Those present and comprising a quorum: Mayor Trent W. Davis, M.D. (presiding), Commissioners Joe Hay,Jr., Melissa Rose Hodges, Mike Hoppock, and Karl Ryan. Also present: Michael Schrage, City Manager; Jake Peterson, Legal Counsel; and Shandi Wicks, City Clerk. The 5th grade leadership class of Grace E. Stewart Elementary School were in attendance along with Amanda Michaelis,Salina Area United Way Executive Director and DeAnna Ryberg,Grace E. Stewart Principal. Ms. Michaelis stated that Mayor Davis visited the class a couple weeks ago and the class wanted to visit Mayor Davis at his work to see what he did. Mayor Davis mentioned the passing of Glen Kochanowski and encouraged messages to the family. AWARDS AND PROCLAMATIONS None. CITIZENS FORUM Jason Beets, 1408 Pershing, mentioned the executive session on the agenda and asked why the discussion for the annexation of the South Water Treatment Plant could not be discussed in open session. Michael Schrage, City Manager, stated by disclosing what would be discussed in executive session would waive the privilege of the session. He stated he did not expect any action to be taken today and noted that the discussion was not related to the recent lawsuit regarding the land annexation and tipping fee. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of March 18, 2019. (6.2) Award contract for the South Ninth Street Sidewalk Repairs, Project No. 90008, to T & R Dirt Construction of Salina, in the amount of $24,965.45 with a $2,034.55 (8.1%) construction contingency. (6.3) Award contract for 9th Street Curb (Sr Gutter Improvements, Project No. 90001, to Bryant and Bryant Construction, Inc., in the amount of$605,690.70 with a $29,309.30 (4.8%) construction contingency. (6.4) Approve Resolution No. 19-7685 authorizing the Mayor to execute a License Agreement allowing continued use of public right-of-way in an underground vault Page 1 located at 134 S. Santa Fe Avenue with Kress Building, LLC and Approve Resolution No. 19-7686 authorizing the Mayor to execute a Vault Closure Agreement allowing for closure of an underground vault in the public right-of-way located at 128 S. Santa Fe Avenue with Santa Fe Properties, LLC and McKenzie Welsh dba Blushe Boutique. Q. (6.5) Authorize the Mayor to sign Kansas Department of Transportation Form 1302 verifying that sufficient funds from the City of Salina are now or will be available and are hereby pledged to the Secretary of Transportation in the amount and at the time required for the supplementing of federal funds available for the completion of • the Smoky Hill River Renewal Gateway Trail Shared-Use Path. (6.6) Approve amending the 2019 Building and Facilities Sub-CIP to re-allocate the $20,000 currently identified for Municipal Court Building Automated System and accept the quote for the purchase and installation of carpet for the Salina Municipal Court with Complete Floor Covering in the amount of$25,009.56. Commissioner Hoppock requested that Item 6.3 be removed from the consent agenda. 19-0088 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to approve the consent agenda less Item 6.3. Aye: (5). Nay: (0). Motion carried. (6.3) Award contract for 9th Street Curb & Gutter Improvements, Project No. 90001, to Bryant and Bryant Construction, Inc., in the amount of$605,690.70 with a $29,309.30 (4.8%) construction contingency. Commissioner Hoppock asked at what point it would be decided to repair Santa Fe Avenue versus the 9th Street project. Dan Stack, City Engineer, stated it would be later in the year after the contractor started the project to determine if there was enough time for the repair of Santa Fe Avenue. Michael Schrage, City Manager, stated staff had given the contractor scheduling flexibility for the mill and inlay and the 9th Street repair to allow staff to keep an eye on the projects and see if there was an opportunity to repair Santa Fe Avenue as well. Commissioner Hodges provided her thoughts on the project and repairs to Santa Fe Avenue. Commissioner Hay asked what the timeline was for the 9th Street Curb and Gutter project. Mr. Stack stated three to four months. Jim Kowach, Director of Public Works, explained the issues with last year's Ninth Street project and the expectations of the project this year. Mayor Davis provided his thoughts on the need for repairs of Santa Fe between Prescott and South Street and mentioned he submitted photos to the city manager. 19-0089 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to award contract for 9th Street Curb & Gutter Improvements, Project No. 90001, to Bryant and Bryant Construction, Inc., in the amount of $605,690.70 with a $29,309.30 (4.8%) construction contingency. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION Page 2 (7.1) Second reading Ordinance No. 19-10997 amending Chapter 5, Article III, Sections 5- 66, 5-67, 5-69,5-70, 5-72, 5-80,5-91, 5-94, 5-99 and 5-102 pertaining to the sale of beer not more than 6% alcohol by volume by cereal malt beverage retailers. Mayor Davis noted that Ordinance No. 19-10997 was passed on first reading on March 18, 2019 and since that time no comments have been received. 19-0090 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to adopt Ordinance No. g 19-10997 amending Chapter 5, Article III, Sections 5-66, 5-67, 5-69, 5-70, 5-72, 5-80, 5-91, 5-94, 5-99 and 5-102 pertaining to the sale of beer not more than 6% alcohol by volume by cereal malt beverage retailers on second reading. A roll call vote was taken. Aye: (5) Hay, Hodges, Hoppock, Ryan, Davis. Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Application No. Z19-2, (filed by Gary Gleason, Gleason & Son Signs, Inc. on behalf of Blue Beacon International), requesting a change in zoning district classification from A-1 (Agricultural) to PC-5 (Planned Service Commercial) to allow installation of an electronic changeable copy advertising sign (digital billboard) on land that is located on the west side of South 9th Street and is bordered by Riffel Addition No. 2 on the north and the Long-McArthur Addition on the south and is addressed as 3400 Block of South 9th Street. (8.1a) First reading Ordinance No. 19-10998. Dean Andrew, Director of Planning, explained the request, Planning Commission recommendation and action options. Norman Marine], Salina, provided his thoughts on the setback requirements related to commercial wind turbines. Michael Schrage, City Manager, stated the setback requirements were reviewed when the sign ordinance was approved. Mr. Andrew stated the sign was only 30 feet high and the review of the application was required by both the City of Salina and the Kansas Department of Transportation. 19-0091 Moved by Commissioner Hay, seconded by Commissioner Hodges, to pass Ordinance No. 19- 10998 changing the zoning district classification A-1 (Agricultural) to PC-5 (Planned Service Commercial) to allow installation of an electronic changeable copy advertising sign (digital billboard on land that is located on the west side of South 9th Street and is bordered by Riffel Addition No. 2 on the north and the Long-McArthur Addition on the south and is addressed as 3400 Block of South 9th Street on first reading. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Commissioner Hodges thanked the city manager for the depth of his city manager report. She mentioned an email received by Barb Young regarding the debris in the Dry Creek.Jim Kowach, Director Public Works, stated staff visited the site and noted there was quite a bit of debris in the creek but it was not causing the water to flow. He stated staff was aware of the issue and had added it to the list but was not sure how soon it could happen. Commissioner Hodges asked who had been working at the 67401 Plaza. Mr. Kowach stated street workers. Page 3 Commissioner Hodges stated she would like to see the cleanup occur sooner than later and asked if it was a project that could be taken up by the volunteers for the Spring Spruce-Up or the Fall Fix-Up. Mr. Kowach stated it was a little too muddy to perform too much cleanup in the spring and staff would not be able to get the equipment on the bank of the creek to remove the logs until sometime in the fall. i n (9.1) Request for executive session (legal). N s I move the city commission recess into executive session for _ minutes to discuss the 79, subject of annexation of the South Water Treatment Plant site with legal counsel based 8 upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship pursuant to K.S.A. 45-7319(b)(2). The open meeting will resume in this room at p.m. 19-0092 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive session for 30 minutes to discuss the subject of the South Water Treatment Plant site with legal counsel based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship, pursuant to K.S.A. 45-7319(b)(2),. The open meeting will resume in this room at 5:07 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:23 p.m. and reconvened at 5:07 p.m. No action was taken. I19-0093 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive session for 23 minutes to discuss the subject of the South Water Treatment Plant site with legal counsel based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship, pursuant to K.S.A. 45-7319(b)(2),. The open meeting will resume in this room at 5:07 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:07 p.m. and reconvened at 5:30 p.m. No action was taken. ADJOURNMENT 19-0094 Moved by Commissioner Hay, 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 5:30 p.m. '<nd1^06-1;:°) ' [SEAL] Trent W. Davis, M.D., Mayor ATTEST: la Shan�s,CMC, City Clerk II Page 4