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11-17-2008 MinutesCommission Action # 08-75 1 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS November 17, 2008 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for the Friends of the River presentation. The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City -County Building. A roll call was taken followed by the Pledge of Allegiance and a moment of silence. There were present: Mayor John K. Vanier II, Chairman presiding Commissioner Alan E. Jilka Commissioner Luci Larson Commissioner Aaron Peck Commissioner R. Abner Perney comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: None None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The day of November 20, 2008 as "Great American Smokeout Day" in the city of Salina. Carolyn Carpenter, Ted Mintun, and Jamie Hitchcock introduced themselves. Daniel Craig, Tobacco Program Coordinator with Central Kansas Foundation, read the proclamation. Ms. Hitchcock and Mr. Craig also announced present and upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of November 3, 2008. (6.2) Amend the 2008 Sales Tax Sub C.I.P. to include the design and construction of a family aquatic park. Moved by Commissioner Jilka, seconded by Commissioner Perney, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #PDD08-3 (filed by Larry Curran) requesting amended preliminary and final development plan approval and a change in underlying zoning district classification from C-2 (Neighborhood Commercial) to R-2 (Multi -Family Residential) on a portion of Lots 1 and 2, all of Lots 3, 4, 5, and 6 and a portion of Lots 7, 8, and 9, Block 8, Georgetown Addition. (7.1a) First reading Ordinance No. 08-10473. Dean Andrew, Director of Planning, explained the request, current zoning, and Planning Commission's recommendation and conditions of approval. Page 1 Commission Action # N N 08-'599 Z a w ■ 5 N U 08-7600 08-7601 08-7602 Ann Newman, 2300 Village Lane, asked for clarification on the future use of the property. Mayor Vanier explained to Ms. Newman that she could. contact Mr. Andrew and he would be able to answer her questions prior to second reading of the ordinance. Moved by Commissioner Perney, seconded by Commissioner Larson, to pass Ordinance No. 08-10473 on first reading. Aye: (5). Nay: (0). Motion carried. (7.2) Acceptance of offered easement, right-of-way and restricted access dedications and authorize the Mayor to sign the plat of the Georgetown Villas Addition. Dean Andrew, Director of Planning, explained the request and the Planning Commission's recommendation and conditions for approval. Mr. Andrew then responded to Commissioner Perney's question regarding sidewalk connectivity and Commissioner Larson's question regarding access to Lot 9. Moved by Commissioner Larson, seconded by Commissioner Peck, to accept the offered easement, right-of-way and restricted access dedication and authorize the Mayor to sign the plat of the . Georgetown Villas Addition. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 08-10470 levying Salina Business Improvement District No. 1 service fees for 2009. Mayor Vanier reported that Ordinance No. 08-10470 was passed on first reading on November 3, 2008 and since that time no comments have been received. Moved by Commissioner Jilka, seconded by Commissioner Perney, to adopt Ordinance No. 08-10470 on second reading. A roll call vote was taken. Aye: (5) Jilka, Larson, Peck, Perney, Vanier. Nay: (0). Motion carried. (8.2) Authorize Aquatic Design Consultants, Inc. to proceed with final design services and construction administration services for the new family aquatic park. Steve Snyder, Director of Parks and Recreation, explained the current agreement with Aquatic Design Consultants. A discussion followed between Commissioner Jilka, Mr. Snyder, and City Manager Jason Gage regarding including an alternative during the bidding process for the 50 -meter pool. Mr. Snyder then responded to Mayor Vanier's concerns regarding warranty of the work performed by contractors and subcontractors and testing of concrete. Commissioner Perney requested Mr. Snyder to outline the timeline for the project. Mr. Snyder noted that they anticipated the new facility to be open in May of 2010. A discussion followed between Commissioner Peck and Mr. Snyder regarding inspections on the work to be performed. Commissioner Larson asked for clarification on whether the existing pool would be open for another season. Mr. Snyder confirmed that it would be open for the 2009 summer season. Moved by Commissioner Jilka, seconded by Commissioner Perney, to authorize Aquatic Design Consultants, Inc. to proceed with final design services and construction administration services for the new family aquatic park. Aye: (5). Nay: (0). Motion carried. (8.3) Salina Airport Authority (8.3a) First reading Ordinance No. 08-10471 approving the 2008 Salina Municipal Airport Rules and Regulations. Page 2 Commission Action # L7 08-7603 08-7604 08-7605 08-7606 08-7607 (8.3b) First reading Ordinance No. 08-10472 amending Section 25-154 of the Salina Code to permit discharge of firearms by the Executive Director of the Salina Airport Authority or his designee on airport property for wildlife hazard reduction purpose. Jared Johnson, Assistant City Attorney, explained the regulations and the proposed ordinances. Tim Rogers, Salina Airport Authority Executive Director, responded to Mayor Vanier's question regarding future review of the rules and regulations. Mr. Rogers noted that the rules and regulations would be reviewed biannually and as needed. Mr. Rogers then responded to Commissioner Perney's question regarding the operation of unmanned aircrafts. Moved by Commissioner Larson, seconded by Commissioner Peck, to approve Ordinance No. 08-10471 on first reading. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Larson, seconded by Commissioner Peck, to approve Ordinance No. 08-10472 on first reading. Aye: (5). Nay: (0). Motion carried. (8.4) First reading Ordinance No. 08-10475 authorizing the levy of a 0.40% Retailers' Special Purpose Sales Tax. Jared Johnson, Assistant City Attorney, explained the voters approved sales tax and the ordinance. Moved by Commissioner Jilka, seconded by Commissioner Perney, to approve Ordinance No. 08-10475 on first reading. Aye: (5). Nay: (0). Motion carried. Mayor Vanier thanked the citizens ,for approving the sales tax. (8.5) Authorize final payment to the Kansas Department of Transportation for the construction of the Water Well Road/I-135 Interchange. Rod Franz, Director of Finance and Administration, explained the project funding. A discussion followed between Commissioner Jilka, Mr. Franz, and City Manager Jason Gage regarding when the project was completed and the State's post audit review. Moved by Commissioner Peck, seconded by Commissioner Larson, to authorize the final payment of $32,033.51 to the Kansas Department of Transportation for the construction of the Water Well Road/I-135 Interchange project. Aye: (5). Nay: (0). Motion carried. (8.6) General Obligation Tax Increment Financing Bonds, Series 2008-B. (8.6a) Resolution No. 08-6569 authorizing for public sale of General Obligation Tax Increment Financing Bonds, Series 2008-B. (8.6b) First reading Ordinance No. 08-10474 authorizing the issuance and delivery of General Obligation Tax Increment Financing Bonds, Series 2008-B. Rod Franz, Director of Finance and Administration, explained the development agreement, bond issuance, and financial analysis. Mr. Franz then responded to Commissioner Perney's question regarding the status of the project. City Manager Jason Gage commented on the current development agreement and scheduling of the payments. Moved by Commissioner Larson, seconded by Commissioner Perney, to adopt Resolution No. 08-6569. Aye: (4). Nay: (1) Jilka. Motion carried. Page 3 Commission Action # 1 1 08-76081 08-7609 08-76101 08-7611 Moved by Commissioner Perney, seconded by Commissioner Peck, to pass Ordinance No. 08-10474 on first reading. Aye: (4). Nay: (1) Jilka. Motion carried. (8.7) Authorize the Mayor the sign the agreements for the North Ohio Overpass parapet wall repair and rail reinstallation. Dan Stack, City Engineer, explained the proposals received, award of the contract to Progressive Contractor's Incorporated, and the City Manager's authority to award the contact. Mr. Stack then responded to Commissioner Larson's question on where PCI was located. A discussion followed between Commissioner Peck, Commissioner Perney, and Mr. Stack regarding the project timeline, completion of the project, and inspection of work. Moved by Commissioner Jilka, seconded by Commissioner Peck, authorize the Mayor to sign the agreements for the North Ohio Overpass parapet wall repair and rail reinstallation. Aye: (5). Nay: (0). Motion carried. (8.8) Request for,executive session (legal) Moved by Commissioner Larson,, seconded by Commissioner Peck, 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 in this room at 5:13 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:58 p.m. and reconvened at 5:33 p.m. No action was taken. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Peck, seconded by Commissioner Larson, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:33 p.m. [SEAL] ATTEST: �Wu� Lieu Ann Elsey, CMC, Ci Jerk John .Vanier 011,May Page 4