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03-02-2009 MinutesCommission Action # M U, Z W N 0 U 1 09-7721 1 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS March 2, 2009 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a Raw Water Supply Report. The Regular Meeting of the Board of Commissionets 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 March 3, 2009 as "National Sportsmanship Day" in the city of Salina. Mike Gleason with the Salina Area Youth Sportsmanship Initiative read the proclamation and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of February 23, 2009. (6.2) Resolution No. 09-6598 amending the transportation grant agreement with OCCK. (6.3) Acceptance of public utility easement dedication on a portion of Lot 1, Block 1 of the Gile Addition. (6.4) Resolution No. 09-6599 initiating proceedings for street and intersection improvements in the City of Salina. Commissioner Jilka requested that 6.4 be removed from the consent agenda. Commissioner Larson asked for clarification on the event based promotional rate. City Manager Jason Gage responded. Moved by Commissioner Peck, seconded by Commissioner Larson, to approve Items 6.1 through 6.3 of the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. Rod Franz, Director of Finance and Administration, responded to Commissioner Jilka's question regarding the term of the bonds. Moved by Commissioner Jilka, seconded by Commissioner Perney, to adopt Resolution No. 09-6599. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS Page 1 Commission Action # ADMINISTRATION (8.1) Second reading Ordinance No. 09-10487 exempting certain property owned by Bergkamp, Inc. from ad valorem taxation. Mayor Vanier reported that Ordinance No. 09-10487 was passed on first reading on z February 23, 2009 and since that time no comments have been received. a w 094723 Moved by Commissioner Peck, seconded by Commissioner Jilka, to adopt Ordinance No. 09-10487 on second reading. A roll call was taken. Aye: (5) Jilka, Larson, Peck, Perney, Vanier. y Nay: (0). Motion carried. U (8.2) First reading Ordinance No. 09-10488 unconditionally approving the Salina Airport Authority's Resolution No. 09-02. Greg Bengtson, City Attorney, explained the request. 09-7724 Moved by Commissioner Peck, seconded by Commissioner Perney, to pass Ordinance No. 09-10488 on first reading. Aye: (5). Nay: (0). Motion carried. (8.3) Consider requests for Section 888 (Special Alcohol) program funding for the 2009-2010 funding period. Commissioner Jilka recused himself due to a conflict of interest. Rod Franz, Director of Finance and Administration, explained the program, requests, and method of distribution of funds. A discussion followed between Mayor Vanier, Mr. Franz, and City Manager Jason Gage regarding availability of funding from the State. An additional discussion followed between Mayor Vanier, Commissioner Larson, and Mr. Gage regarding KWU's program impact of the community and the outcome of the program if not funded. Les Sperling, Central Kansas Foundation, commented on the anticipated increase in the number of people that do not have benefits and the importance of the funding. Mr. Sperling then responded to Commissioner Pemey's question regarding what percentage of the funding goes to wages and conferences. Sharon Ringler, St. Francis Academy, commented on the increase number of youths seeking treatment and St. Francis' commitment of funding the unfunded portion of the care. Leonard Dahl, 329 Woodlawn, questioned on whether tobacco was classified as a drug and if Central Kansas Foundation would be using any of the funds for anti -tobacco programs. Mr. Sperling confirmed that these funds were for alcohol programs. Commissioner Larson commented that she was not comfortable funding the KWU request and would like to see those funds disbursed among the other three agencies. 09-7725 Moved by Mayor. Vanier, seconded by Commissioner Peck, to fund $196,625 to Central Kansas Foundation, $85,475 to St. Francis Academy, and $40,000 to Catholic Charities, and not fund the Kansas Wesleyan request of $7,200 and disburse those funds between the remaining three agencies contingent to state funding. Aye: (3). Nay: (1) Perney. Abstained: (1) Jilka. Motion carried. Commissioner Jilka returned. (8.4) Authorize submittal of applications for the 2009 Kansas Emergency Shelter Grant Program. Judy Irvin, Neighborhood Services Coordinator, explained the grant program and requests. 09-7726 Moved by Commissioner Jilka, seconded by Commissioner Larson, to authorize the Mayor to sign the application and related documents in support of local eligible sub -grantee requests. Aye: (5). Nay: (0). Motion carried. (8.5) Award of contract for 2008 Subdivision Improvements Stone Creek Subdivision, Project No. 08-2714. Page 2 Commission Action # 1 1 1• IIQ Dan Stack, City Engineer, explained the project and bids requested. Mr. Stack then responded to Commissioner Perney's question regarding the number of units to be served and the cost of the improvements per unit. Todd Welsh, 221 S. Morris, commented on the project, rebidding of the project, and the need for affordable housing. Mr. Stack then responded to Commissioner Larson's question regarding the bid result from the first project bidding and Commissioner Peck's question regarding the no bid from APAC on the concrete option. Moved by Commissioner Perney, seconded by Commissioner Jilka, to award of contract for 2008 Subdivision Improvements Stone Creek Subdivision, Project No. 08-2714 to APAC-KS, Inc., Shears Division in the amount of $306,852.00. Aye: (5). Nay: (0). Motion carried. (8.6) Award of contract for construction of Phase IV of South Ninth Street, Project No. 06-1579. Dan Stack, City Engineer, explained the project, bids received, and project funding. A discussion followed between City Commission, Mr. State and City Manager Jason Gage regarding the three percent contingency, use of change orders, and project standards. Moved by Commissioner Jilka, seconded by Commissioner Larson, to award of contract for construction of Phase IV of South Ninth Street, Project No. 06-1579 to Smoky Hill, LLC in the amount of $4,739,970.29, which includes a three percent contingency. Aye: (5). Nay: (0). Motion carried. (8.7) Approve agreement for engineering service with Bucher, Willis & Ratliff Corporation. Dan Stack, City Engineer, explained the agreement, study of the Broadway corridor, and funding. Mr. Stack then responded to Commission Larson's question regarding the renewal of the agreement. Moved by Commissioner Perney, seconded by Commissioner Larson, to approve an agreement for,engineering services with Bucher, Willis & Ratliff Corporation. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Peck, seconded by Commissioner Jilka, to recess into executive session for five 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 5:03 p.m. The City Commission recessed into executive session at 5:00 p.m. and reconvened at 5:11 p.m. No action was taken. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Jilka, seconded by Commissioner Peck, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:11 p.m. John K. Vanier II, Mayor [SEAL] ATTEST: Shandi Wicks, Deputy City Clerk Page 3